2013/115/EU: Commission Implementing Decision of 26 February 2013 on the Sirene Manual and other implementing measures for the second generation Schengen Information System (SIS II) (notified under document C(2013) 1043)

Alerts entered in SIS II shall be kept only for the time required to meet the purposes for which they were entered.

As soon as the conditions for maintaining the alert are no longer fulfilled, the issuing Member State shall delete the alert without delay. When the alert has an expiry date, the deletion will occur automatically in the CS-SIS. In case of a hit, the particular procedures described in Sections 3.11, 4.10, 5.7, 6.5, 7.8 and 8.4 apply.

The CS-SIS deletion message shall be processed automatically by the N.SIS II.

Member States have the possibility to subscribe to an automatic notification of the deletion of an alert.

2.11.   Entering proper names

Within the constraints imposed by national systems for entry of data and availability of data, proper names (forenames and surnames) shall be entered in SIS II in a format (script and spelling) in the format used on official travel documents in accordance with the ICAO standards for travel documents, which are also used in the transliteration and transcription functionalities of Central SIS II. In the exchange of supplementary information, SIRENE Bureaux shall use the proper names as they are entered in SIS II. Both users and SIRENE Bureaux within the issuing Member States shall use, as a general rule, Latin characters for entering data in SIS II, without prejudice to transliteration and transcription rules laid down in Appendix 1.

Where it is necessary to exchange supplementary information on a person who is not subject of an alert but may be related to it (e.g. a person who may be accompanying a missing minor) then the presentation and spelling of the name shall follow the rules set out in Appendix 1 and be provided in Latin characters and original format, if the Member State providing the information has the capacity to also input any special characters in the original format.

2.12.   Different categories of identity

Confirmed identity

A confirmed identity means that the identity has been confirmed on the basis of genuine ID documents, by passport or by statement from competent authorities.

Not confirmed identity

A not confirmed identity means that there is not sufficient proof of the identity.

Misused identity

A misused identity (surname, forename, date of birth) occurs if a person, entered in SIS II, uses the identity of another real person. This can happen, for example, when a document is used to the detriment of the real owner.

Alias

Alias means an assumed identity used by a person known under other identities.

2.12.1.   Misused identity (Article 36 of the SIS II Regulation and 51 of the SIS II Decision)

Due to the complexity of misused identity cases, on becoming aware that a person for whom an alert exists in SIS II is misusing someone else's identity, the issuing Member State shall check whether it is necessary to maintain the misused identity in the SIS II alert.

Subject to the person's explicit consent, and as soon as it has been established that a person's identity has been misused, additional data shall be added to the alert in SIS II in order to avoid the negative consequences of misidentification. The person whose identity has been misused may, according to national procedures, provide the competent authority with the information specified in Article 36(3) of the SIS II Regulation and Article 51(3) of the SIS II Decision. Any person whose identity has been misused has the right to withdraw his/her consent for the information to be processed.

The issuing Member State is responsible for inserting the remark ‘misused identity’ in the alert and for entering additional data of the victim of misused identity such as photos, fingerprints and information on any valid ID document(s).

When a Member State discovers that an alert on a person entered by another Member State relates to a case of misused identity, and it has been established that the person's identity is misused it shall inform the SIRENE Bureau of the issuing Member State using a Q form, in order that the misused identity extension can be used in the SIS II alert.

Taking into account the purpose for entering data of this nature, where the photographs and fingerprints of the person whose identity has been misused are available, they shall be added to the alert. For there to be a case of misused identity an innocent person's details must match an existing identity in an alert. The Q form must contain the identity details, including alias number, from the alert so that the issuing Member State may ascertain to which identity in the alert the form refers. The mandatory fields for completion of a Q form in such cases are set out in Appendix 3.

The data, including fingerprint data, of the person whose identity has been misused shall only be available for the purpose of establishing the identity of the person being checked and shall in no way be used for any other purpose. Information on misused identity, including any fingerprints and photographs, shall be deleted at the same time as the alert or earlier if the person concerned so requests.

2.12.2.   Entering an alias

In order to avoid incompatible alerts of any category due to an alias to be entered, to avoid problems for innocent victims and to ensure sufficient data quality, Member States shall as far as possible inform each other about aliases and exchange all relevant information about the real identity of the sought subject. This is especially the case where a search carried out with fingerprints indicates that an alert already exists in SIS II, but the identity details in the existing alert appear to indicate that an alias identity has been used by either the subject of the original alert or of the new alert.

The Member State that entered the alert shall be responsible for adding any aliases. If another Member State discovers an alias, it shall inform the issuing Member State using an L form.

2.12.3.   Further information to establish a person's identity

The SIRENE Bureau of the issuing Member State may also, if the data in SIS II is insufficient, provide further information after consultation, on its own initiative or at the request of another Member State, to help clarify a person's identity. An L Form (and attachments) shall be used for this purpose. This information shall, in particular, cover the following:

• — the origin of the passport or identity document in the possession of the person sought,

• — the passport or identity document's reference number, date of issue, place and authority as well as the expiry date,

• — description of the person sought,

• — surname and forename of the mother and father of the person sought,

• — other possible spellings of the surname and forenames of the person sought,

• — photographs and fingerprints if available,

• — last known address.

As far as possible, this information shall be available in the SIRENE Bureaux, or immediately and permanently accessible to them for speedy transmission.

The common objective shall be to minimise the risk of wrongly stopping a person whose identity details are similar to those of the person on whom an alert has been issued.

2.13.   Exchange of information in case of interlinked alerts

Each link allows for the establishment of a relationship between at least two alerts.

A Member State may create a link between alerts that it enters in SIS II and only this Member State may modify and delete the link. Links shall only be visible to users when they have correct user access rights which permit at least two alerts in the link to be visible to them. Member States shall ensure that only authorised access to links is possible.

2.13.1.   Operational rules

Links between alerts do not require special procedures for the exchange of supplementary information. Nevertheless the following principles shall be observed:

In case there is a hit on each of two or more interlinked alerts, the SIRENE Bureau of the executing Member State shall send a G form for each of them indicating in field 086 that other G forms on the linked alerts will be forwarded.

No forms shall be sent on alerts which, although linked to an alert on which there was a hit, were not respectively the object of the hit. However, if there is a linked alert for surrender/extradition or for a missing person (for their own protection or in order to prevent threats) the communication of this discovery shall be carried out using an M form if appropriate and the information is available.

2.14.   Format and quality of biometric data in SIS II

In accordance with Article 23(2) of the SIS II Decision, photographs and fingerprints of the person shall be added to the alert when available.

SIRENE Bureaux shall be able to exchange fingerprints and pictures for the purpose of completing the alert and/or to support the execution of the requested action to be taken. When a Member State has a picture or fingerprints of a person for whom an alert has been issued by another Member State, it may send the pictures and fingerprints as an attachment in order to allow the issuing Member State to complete the alert.

This exchange takes place without prejudice to exchanges in the framework of police cooperation in application of the Framework Decision 2006/960/JHA.

2.14.1.   Further use of the data exchanged, including archiving

Limitations on the use of data provided for alerts in SIS II are set out in the SIS II legal instruments. Any further use of pictures and fingerprints exchanged, including archiving, shall comply with the relevant provisions of the SIS II legal instruments, applicable national provisions on data protection, in accordance with Directive 95/46/EC and Framework Decision 2008/977/JHA.

Any storage of fingerprints at the national level shall fully respect the data protection rules of SIS II. Member State shall keep fingerprint data downloaded from CS-SIS separately from national fingerprint databases and such data shall be deleted at the same time as corresponding alerts and supplementary information.

2.14.2.   Exchanging fingerprints and photographs

The following procedure shall apply:

• (a) the providing SIRENE Bureau shall send an L form through the usual electronic path and shall mention in field 083 of an L form that the fingerprints and pictures are being sent to complete an alert in SIS II;

• (b) the SIRENE Bureau of the issuing Member State shall add the fingerprints or pictures to the alert in SIS II or shall send them to the competent authority to complete the alert.

2.14.3.   Technical requirements

Fingerprints and pictures shall be collected and transmitted in accordance with the standards defined in the implementing rules for entering biometric data in SIS II.

Every SIRENE Bureau shall fulfil those technical standards.

2.14.4.   Format and quality of biometric data

All biometric data entered in the system shall be subject of a specific quality check to ensure a minimum quality standard common to all SIS II users.

Before entry, checks shall be carried out at the national level to ensure that:

• (a) fingerprint data and the related NIST file are compatible in all respects with the provisions of Commission Implementing Decision (EU) 2016/1345 ([^E0024]) on minimum data quality standards for fingerprint records within the second generation Schengen Information System (SIS II), the annex thereto and technical standards adopted in the Committee referred to in Article 51 of the SIS II Regulation and Article 67 of the SIS II Decision;

• (b) photographs, that shall only be used to confirm the identity of a person who has been located as a result of an alphanumeric search made in SIS II, are compliant with the following requirements: full frontal face pictures aspect rate shall be, as far as possible, 3:4 or 4:5. When available, a resolution of at least 480 × 600 pixels with 24 bits of colour depth shall be used. If the image has to be acquired through a scanner, the image size shall be, as far as possible, less than about 200 Kbytes.

2.15.   Special types of search

2.15.1.   Geographically targeted search

A geographically targeted search is a search carried out in a situation where a Member State has firm evidence of the whereabouts of a person or object, subject of an alert, within a restricted geographical area.

Geographically targeted searches in the Schengen area shall take place on the basis of an alert in SIS II. In circumstances where the whereabouts of a person or object are known, field 311 (Important Notice) may be completed indicating a geographical search and selecting the appropriate countries. Additionally, if the whereabouts are known when issuing an alert for arrest, field 061 of an A Form shall include the information on whereabouts of the wanted person. In all other cases, including for communicating the whereabouts of objects, an M form (field 083) shall be used. An alert for the wanted person shall be entered in SIS II to ensure that a request for action to be taken is immediately enforceable (Article 9(3) of Framework Decision 2002/584/JHA).

When the subject of a geographical search is located at a place other than that indicated in the geographical search the SIRENE Bureau of the issuing Member State shall indicate this fact, using an M form, to the Member State(s) involved in the geographical search in order for any related work to be stopped.

2.15.2.   Search with participation of special police units for targeted search (FAST)

The services provided by special units that conduct targeted searches (‘Fugitive active search teams’, FAST) should also be used in suitable cases by SIRENE Bureaux in the requested Member States. The alert in SIS II should not be replaced by international cooperation of the abovementioned police units. Such cooperation should not overlap the SIRENE Bureau's role as a focal point for searches using SIS II.

Cooperation, as appropriate, should be established to ensure that the SIRENE Bureau of the issuing Member State is informed by their national FAST about any ongoing operation relating to an alert entered in SIS II. Where appropriate this SIRENE Bureau shall provide this information to other SIRENE Bureaux. Any coordinated operation of Enfast (‘European network of fugitive active search teams’) which entails the cooperation of the SIRENE Bureau shall be reported in advance to the SIRENE Bureau.

The SIRENE Bureaux shall ensure fast flow of supplementary information, including information on a hit, to the national FAST if the latter is involved in the search.

3. ALERTS FOR ARREST FOR SURRENDER OR EXTRADITION PURPOSES (ARTICLE 26 OF THE SIS II DECISION)

3.1.   Entering an alert

Most of the alerts for arrest are accompanied by a European Arrest Warrant (EAW). However, under an alert for arrest, a provisional arrest is also possible prior to obtaining a request for extradition (ER) according to Article 16 of the European Convention on Extradition.

The EAW/ER shall be issued by a competent judicial authority carrying out this function in the issuing Member State.

When entering an alert for arrest for surrender purposes, a copy of the original EAW shall be entered in SIS II. A translation of the EAW in one or more of the official languages of the institutions of the Union may be entered.

In addition, photographs and fingerprints of the person shall be added to the alert when available.

The relevant information including EAW or ER, provided with regard to persons wanted for arrest for surrender or extradition purposes, shall be available to the SIRENE Bureau when the alert is entered. A check shall be made to ensure that the information is complete and correctly presented.

Member States shall be able to enter more than one EAW per alert for arrest. It is the responsibility of the issuing Member State to delete an EAW that loses its validity and to check if there are any other EAWs attached to the alert and extend the alert if needed.

In addition to an EAW which a Member State has attached to an alert for arrest it shall also be possible to attach translations of the EAW, if necessary in separate binary files.

For scanned documents that are to be attached to alerts, as far as possible, a minimum resolution of 150 DPI shall be used.

3.2.   Multiple alerts

For general procedures see Section 2.2.

In addition, the following rules shall apply:

Several Member States may enter an alert for arrest on the same person. If two or more Member States have issued an alert for the same person, the decision on which warrant shall be executed in the event of an arrest shall be taken by the executing judicial authority in the Member State where the arrest occurs. The SIRENE Bureau of the executing Member State shall send a G form to each Member State concerned.

3.3.   Misused identity

See general procedure in Section 2.12.1.

3.4.   Entering an alias

See general procedure in Section 2.12.2.

In the case of alerts for arrest, the SIRENE Bureau shall use field 011 of an A form ([^E0025]) (at the time of entry of the alert) or subsequently an M form, when informing the other Member States of aliases regarding an alert for arrest, if this information is available to the SIRENE Bureau.

3.5.   Supplementary information to be sent to Member States

When entering the alert, supplementary information regarding the alert shall be sent to all Member States.

The information referred to in Section 3.5.1 shall be sent to the other SIRENE Bureaux by A form, at the same time as entering the alert. Any further information required for identification purposes shall be sent after consultation and/or at the request of another Member State.

In the case where several EAWs or ERs exist for the same person, separate A forms shall be completed for each of the EAWs or ERs.

There shall be sufficient detail contained in the EAW/ER and in the A form (in particular, EAW Section (e): ‘description of the circumstances in which the offence(s) was (were) committed, including the time and place’, fields 042, 043, 044, 045: ‘description of the circumstances’) for other SIRENE Bureaux to verify the alert. Appendix 3 sets out the information required and its relation to the fields on the EAW.

When an EAW is replaced or revoked this shall be indicated in field 267 of an A form (Article 26 SIS II Decision) or in field 044 of an A form (Extradition Request/Migrated alerts) by using the following text: ‘ This form replaces the form (reference number) referring to EAW (reference number) issued on (date) ’.

3.5.1.   Supplementary information to be sent with regard to provisional arrest

3.5.1.1.   When entering an alert based on both an EAW and an Extradition Request (ER)

When entering the alert for arrest for extradition purposes, supplementary information shall be sent to all Member States using an A form. If the data in the alert and the supplementary information sent to Member States with regard to an EAW is not sufficient for extradition purposes, additional information shall be provided.

In field 239 it shall be indicated that the form relates to both an EAW and an ER.

3.5.1.2.   When issuing an alert based on ER only

When entering the alert for arrest for extradition purposes, supplementary information shall be sent to all Member States using an A form.

In field 239 it shall be indicated that the form relates to an ER.

3.6.   Adding a flag

For general rules see Section 2.7.

If at least one of the EAWs attached to the alert can be executed, the alert shall not be flagged.

If an EAW contains more than one offence and if surrender can be carried out in respect of at least one of those offences, the alert shall not be flagged.

As highlighted in Section 2.7, a flagged alert under Article 26 of the SIS II Decision shall, for the period of duration of the flag, be regarded as being entered for the purposes of communicating the whereabouts of the person for whom it was issued.

3.6.1.   Systematic request for a flag to be added to alerts on persons wanted for arrest for extradition purposes where Framework Decision 2002/584/JHA does not apply

The following procedure shall apply:

• (a) in the case of alerts on persons wanted for arrest for extradition purposes, where Framework Decision 2002/584/JHA does not apply, a SIRENE Bureau may ask other SIRENE Bureau(x) to add a flag systematically to alerts entered under Article 26 of the SIS II Decision on its nationals;

• (b) any SIRENE Bureau wishing to do so shall send a written request to other SIRENE Bureau(x);

• (c) any SIRENE Bureaux to whom such a request is addressed shall add a flag for the Member State in question immediately after the alert is issued;

• (d) the flag shall remain until the requesting SIRENE Bureau asks for its deletion.

3.7.   Action by SIRENE Bureaux upon receipt of an alert for arrest

When a SIRENE Bureau receives an A form, it shall, as soon as possible, search all available sources to try to locate the subject. If the information provided by the issuing Member State is not sufficient for acceptance by the receiving Member State, this shall not prevent the searches being carried out. The receiving Member States shall carry out searches to the extent permissible under national law.

If the alert for arrest is verified and the subject is located or arrested in a Member State, then the information contained in an A form may be forwarded by the receiving SIRENE Bureau to the competent authority of the Member State which executes the EAW or the ER. If the original EAW or ER is requested, the issuing judicial authority may transmit it directly to the executing judicial authority (unless alternative arrangements have been made by the issuing and/or executing Member State).

3.8.   The exchange of information after a hit

See general procedure in Section 2.3.

In addition, the following procedure shall apply:

• (a) a hit on an individual for whom an alert for arrest has been issued shall always be communicated immediately to the SIRENE Bureau of the issuing Member State. Moreover, after sending a G form the SIRENE Bureau of the executing Member State shall also communicate the hit to the SIRENE Bureau of the issuing Member State where appropriate by telephone;

• (b) if necessary the SIRENE Bureau of the issuing Member State shall then send any relevant, specific information on the particular measures that shall be taken by the SIRENE Bureau of the executing Member State;

• (c) the authority competent for receiving the EAW or ER, its full communication contacts (postal address, phone and, if available, fax and email), reference number (if available), competent person (if available), requested language, time limit for and form of delivery shall be provided in field 091 of a G form;

• (d) in addition, the SIRENE Bureau of the issuing Member State shall inform other SIRENE Bureaux of the hit, using an M form, where a clear link has been established with particular Member States from the facts of the case and further enquiries initiated;

• (e) the SIRENE Bureaux may transmit further information on alerts under Article 26 of the SIS II Decision, and in so doing may act on behalf of judicial authorities if this information falls within the scope of mutual judicial assistance.

3.9.   Supplementary information exchange about surrender or extradition

When the competent judicial authorities provide information to the SIRENE Bureau of the executing Member State on whether the surrender or extradition may take place of a person for whom an alert for arrest has been issued, that SIRENE Bureau shall immediately provide that information to the SIRENE Bureau of the issuing Member State by means of an M form, marked in field 083 with the words ‘SURRENDER’ or ‘EXTRADITION’ ([^E0026]). The detailed arrangements of the surrender or extradition shall, where appropriate, be communicated via the SIRENE Bureaux as soon as possible.

3.10.   Supplementary information exchange about transit through another Member State

If the transit of a person is necessary, the SIRENE Bureau of the Member State through which the person is to be taken shall provide the necessary information and support, in response to a request by the SIRENE Bureau of the issuing Member State or the competent judicial authority, sent by the SIRENE Bureau, by means of an M form marked with the word ‘TRANSIT’ written at the start of field 083.

3.11.   Deletion of alerts upon surrender or extradition

Deletion of alerts for arrest for surrender or extradition purposes shall take place once the person has been surrendered or extradited to the competent authorities of the issuing Member State but may also occur when the judicial decision on which the alert was based has been revoked by the competent judicial authority according to national law.

4. ALERTS FOR REFUSAL OF ENTRY OR STAY (ARTICLE 24 OF THE SIS II REGULATION)

Introduction

The exchange of information on third-country nationals on whom an alert has been issued under Article 24 of the SIS II Regulation allows Member States to take decisions in the case of entry or visa application. If the individual is already on the territory of the Member State, it allows national authorities to take the appropriate action for issuing residence permits, long-stay visas or expulsion. In this section references to visas concern long-stay visas, unless otherwise clearly explained (e.g. re-entry visa).

Carrying out the information procedures laid down under Article 5(4) of the Schengen Borders Code and the consultation procedures laid down under Article 25 of the Schengen Convention, falls within the competence of the authorities responsible for border controls and issuing residence permits or visas. In principle, the SIRENE Bureaux shall be involved in these procedures only in order to transmit supplementary information directly related to the alerts (e.g. notification of a hit, clarification of identity) or to delete alerts.

However, the SIRENE Bureaux may also be involved in transmitting supplementary information necessary for the expulsion of, or for refusing entry to, a third-country national; and, may be involved in transmitting any supplementary information further generated by these actions.

Directive 2004/38/EC of the European Parliament and of the Council ([^E0027]) is not applicable in Switzerland. Therefore in the case of hit on a third-country national who is the beneficiary of the right of free movement, normal consultation procedures shall be undertaken between Switzerland, the issuing Member State and any other Member State which may hold relevant information on the third-country national's right of free movement.

4.1.   Entering an alert

According to Article 25 of the SIS II Regulation, specific rules apply to third-country nationals who are beneficiaries of the right of free movement within the meaning of Directive 2004/38/EC. The SIRENE Bureau shall, as far as possible, be able to make available any information that was used to assess whether an alert for refusal of entry or stay was entered for a beneficiary of the right of free movement ([^E0028]). In the exceptional case of entry of an alert on a third-country national enjoying the right of free movement, the SIRENE Bureau of the issuing Member State shall send an M form to all the other Member States, based on the information provided by the authority that has entered the alert (see Sections 4.6 and 4.7).

In addition, Article 26 of the SIS II Regulation provides that, subject to certain specific conditions, alerts relating to third-country nationals who are the subject of a restrictive measure intended to prevent entry into or transit through the territory of Member States, taken in accordance with Article 29 of the Treaty on European Union ([^E0029]), shall also be entered. The alerts shall be entered and kept up-to-date by the competent authority of the Member State which holds the Presidency of the Council of the European Union at the time of the adoption of the measure. If that Member State does not have access to SIS II or alerts under Article 24 of the SIS II Regulation the responsibility shall be taken up by the Member State which will holds the subsequent Presidency and has access to SIS II, including access to the alerts under Article 24 of the SIS II Regulation.

Member States shall put in place the necessary procedures for entering, updating and deleting such alerts.

4.2.   Multiple alerts

See general procedure in Section 2.2.

4.3.   Misused identity

See general procedure in Section 2.12.1.

Problems may occur when a third-country national who is subject of an alert for refusal of entry or stay unlawfully uses the identity of a citizen of a Member State in order to seek to gain entry. If such a situation is discovered the competent authorities in the Member States may be made aware of the correct use of the misused identity function within SIS II. Alerts for refusal of entry shall not be issued in the main identity of a citizen of a Member State.

4.4.   Entering an alias

For general rules see Section 2.12.2.

4.5.   Exchange of information when issuing residence permits or visas

The following procedure shall apply:

• (a) without prejudice to the special procedure concerning the exchange of information, which takes place in accordance with Article 25 of the Schengen Convention; and without prejudice to Section 4.8, which concerns the exchange of information following a hit on a third-country national who is the beneficiary of the right of free movement (in which case the consultation of the SIRENE Bureau of the issuing Member State is obligatory); the executing Member State may inform the issuing Member that the alert for refusal of entry has been matched in the course of the procedure for granting a residence permit or a visa. The issuing Member State may then inform other Member States using an M form if appropriate;

• (b) if so requested, in accordance with national law, the SIRENE Bureaux of the Member States concerned may assist in transmitting the necessary information to the appropriate authorities responsible for granting residence permits and visas.

4.5.1.   Special procedures as provided for in Article 25 of the Schengen Convention

Procedure under Article 25(1) of the Schengen Convention

If a Member State that is considering granting a residence permit or visa discovers that the applicant concerned is the subject of an alert for refusal of entry or stay issued by another Member State, it shall consult the issuing Member State via the SIRENE Bureaux. The Member State considering granting a residence permit or visa shall use an N form to inform the issuing Member State about the decision to grant the residence permit or visa. If the Member State decides to grant the residence permit or visa, the alert shall be deleted. The person may, nevertheless, be put on the issuing Member State's national list of alerts for refusal of entry.

Procedure under Article 25(2) of the Schengen Convention

If a Member State that entered an alert for refusal of entry or stay finds out that the person who is the subject of the alert has been granted a residence permit or visa, it shall instigate a consultation procedure with the Member State that granted the residence permit or visa, via the SIRENE Bureaux. The Member State which granted the residence permit or visa shall use an O form to inform the issuing Member State about the decision whether or not to withdraw the residence permit or visa. If this Member State decides to maintain the residence permit or visa, the alert shall be deleted. The person can, nevertheless, be put on a Member State's national list of alerts for refusal of entry.

The consultation via SIRENE Bureaux using an O form shall also take place if the Member State that granted the residence permit or visa discovers later that there is an alert for refusal of entry or stay on that person entered in SIS II ([^E0030]).

If a third Member State (i.e. neither that which granted the residence permit/visa nor that which issued the alert) discovers that there is an alert on a third-country national who holds a residence permit or visa from one of the Member States, it shall notify both the Member State which granted the permit/visa and the issuing Member State via SIRENE Bureaux using an H form.

If the procedure foreseen under Article 25 of the Schengen Convention entails deleting an alert for refusal of entry or stay, the SIRENE Bureaux shall, whilst respecting their national law, offer their support if so requested.

4.5.2.   Special procedures as provided for in Article 5(4)(a) and (c) of the Schengen Borders Code

Procedure in cases falling under Article 5(4)(a)

According to Article 5(4)(a) of the Schengen Borders Code, a third-country national who is subject to an alert for refusal of entry or stay and, at the same time, has a residence permit, long-stay visa or a re-entry visa granted by one of the Member States, shall be allowed entry for transit purposes to the Member State which granted the residence permit or re-entry visa, when crossing a border in a third Member State. The entry may be refused if this Member State has issued a national alert for refusal of entry. In both cases, at the request of the competent authority, the SIRENE Bureau of the Member State that the person is seeking to enter shall send the SIRENE Bureaux of the two Member States in question a message (an H form if the transit was allowed/a G form if the entry was refused) informing them of the contradiction and requesting that they consult each other in order to either delete the alert in SIS II or to withdraw the residence permit/visa. It may also request to be informed of the result of any consultation.

If the third-country national concerned tries to enter the Member State which has entered the alert in SIS II, his/her entry may be refused by this Member State. However, at the request of the competent authority, the SIRENE Bureau of that Member State shall consult the SIRENE Bureau of the Member State that granted the residence permit or visa in order to allow the competent authority to determine whether there are sufficient reasons for withdrawing the residence permit/visa. The Member State which granted the residence permit or visa shall use anO form to inform the issuing Member State about the decision whether or not to withdraw the residence permit or visa. If this Member State decides to maintain the residence permit or visa, the alert shall be deleted. The person can, nevertheless, be put on a Member State's national list of alerts for refusal of entry.

If this person tries to enter the Member State that issued the residence permit or visa, he/she shall be allowed entry into the territory but the SIRENE Bureau of that Member State, at the request of the competent authority, shall consult the SIRENE Bureau of the issuing Member State in order to enable the competent authorities concerned to decide on withdrawal of the residence permit or visa or deletion of the alert. The Member State which granted the residence permit or visa shall use an O form to inform the issuing Member State about the decision whether or not to withdraw the residence permit or visa. If this Member State decides to maintain the validity of the residence permit or visa, the alert shall be deleted. The person can, nevertheless, be put on a Member State's national list of alerts for refusal of entry.

Procedure in cases falling under Article 5(4)(c)

According to Article 5(4)(c) a Member State may derogate from the principle that a person for whom an alert for refusal of entry was issued shall be refused entry on humanitarian grounds, on grounds of national interest or because of international obligations. At the request of the competent authority, the SIRENE Bureau of the Member State that allowed entry shall inform the SIRENE Bureau of the issuing Member State of this situation using an H form.

4.6.   Common rules concerning procedures referred to in Section 4.5

• (a) Only one N form or O form shall be sent per consultation procedure by the SIRENE Bureau of the Member State which has granted or intends to grant or retain a residence permit or long-stay visa in order to inform the Member State which has issued or is planning to issue a refusal of entry alert about the final decision on granting, retaining or revoking the residence permit or visa.

• (b) The consultation procedure shall be either a procedure for the purposes of Article 25(1) of the Schengen Convention or a procedure for the purposes of Article 25(2) of the Schengen Convention.

• (c) When an M, G or H form is sent in the context of a consultation procedure, it may be marked with the keyword ‘consultation procedure’ (M form: field 083; G form: field 086; H form: field 083).

4.7.   Exchange of information following a hit and when refusing entry or expelling from the Schengen area

Without prejudice to the special procedures concerning the exchange of information, which takes place in accordance with Article 5(4)(a) and (c) of the Schengen Borders Code; and without prejudice to Section 4.8 which concerns the exchange of information following a hit on a third-country national who is the beneficiary of the right of free movement (in which case the consultation of the issuing Member State via its SIRENE Bureau is obligatory), a Member State may ask to be informed of any hits on alerts for refusal of entry or stay that it has entered.

The SIRENE Bureaux of Member States that have entered alerts for refusal of entry shall not necessarily be informed of any hits as a matter of course, but may be informed in exceptional circumstances. A G form or an H form, depending on the action taken, may in any case be sent if, for example, supplementary information is required. A G form shall always be sent when there is a hit on a person benefiting from the right of free movement.

Notwithstanding the provisions of the paragraph above, as set out in Section 10 all SIRENE Bureaux shall provide statistics on hits on all foreign alerts on their territory.

The following procedure shall apply:

• (a) a Member State may ask to be informed of any hits on alerts for refusal of entry or stay that it has issued. Any Member State that wishes to take up this option shall ask the other Member States in writing;

• (b) the executing Member State may take the initiative and inform the issuing Member State that the alert has been matched and that the third-country national has not been granted entry or has been expelled from the Schengen territory;

• (c) once an action has been taken on the basis of a hit the SIRENE Bureau of the executing Member State shall send a G form to the SIRENE Bureau of the issuing Member State; a G form shall also be sent in case of a hit, when more information is needed for the execution of the measure;

• (d) upon the receipt of the information referred to in point (c) from the issuing Member State:
• (i) if the action is executed the executing Member State shall notify the SIRENE Bureau of the issuing Member State using an M form (not another G form for the same hit);
• (ii) if the action is not executed the executing Member State shall notify the SIRENE Bureau of the issuing Member State using an H form; or
• (iii) if further consultation is required this shall take place using an M form;
• (iv) for the final form exchange in a consultation procedure an N or O form shall be used;

• (e) if, on its territory, a Member State discovers a third-country national for whom an alert has been issued, the SIRENE Bureau of the issuing Member State, upon request, shall forward the information required to return the person concerned. Depending on the needs of the executing Member State this information, given in an M form, shall include the following:
• — the type and reason for the decision,
• — the authority issuing the decision,
• — the date of the decision,
• — the date of service (the date on which the decision was served),
• — the date of enforcement,
• — the date on which the decision expires or the length of validity,
• — the information whether the person was convicted and the nature of the penalty.

If a person on whom an alert has been issued is intercepted at the border, the procedures set out in the Schengen Borders Code, and by the issuing Member State, shall be followed.

There may also be an urgent need for supplementary information to be exchanged via the SIRENE Bureaux in specific cases in order to identify an individual with certainty.

4.8.   Exchange of information following a hit on a third-country national who is a beneficiary of the right of free movement

Concerning a third-country national who is a beneficiary of the right of free movement within the meaning of Directive 2004/38/EC, special rules shall apply ([^E0031]).

If there is a hit on a third-country national who is beneficiary of the right of free movement within the meaning of Directive 2004/38/EC special rules shall apply (but see the introduction to Section 4 on the position of Switzerland). The following procedure shall apply:

• (a) at the request of the competent authority, the SIRENE Bureau of the executing Member State shall immediately contact the SIRENE Bureau of the issuing Member State using a G form in order to obtain the information necessary to decide, without delay, on the action to be taken;

• (b) upon receipt of a request for information, the SIRENE Bureau of the issuing Member State shall immediately start gathering the required information and send it as soon as possible to the SIRENE Bureau of the executing Member State;

• (c) the SIRENE Bureau of the issuing Member State shall check with the competent authority, if this information is not yet available, whether the alert may be kept in accordance with Directive 2004/38/EC. If the competent authority decides to keep the alert, the SIRENE Bureau of the issuing Member State shall inform all the other SIRENE Bureaux thereof, by means of an M form;

• (d) the executing Member State shall inform, via its SIRENE Bureau, the SIRENE Bureau of the issuing Member State whether the requested action to be taken was carried out (using an M form) or not (using an H form) ([^E0032]).

4.9.   Exchange of information if, in the absence of a hit, a Member State discovers that there is an alert for refusal of entry for a third-country national who is a beneficiary of the right of free movement

If, in the absence a hit, a Member State discovers that there is an alert for refusal of entry for a third-country national who is a beneficiary of the right of free movement, the SIRENE Bureau of this Member State shall, at the request of the competent authority, send an M form to the SIRENE Bureau of the issuing Member State informing it about this.

The SIRENE Bureau of the issuing Member State shall check with the competent authority, if this information is not yet available, whether the alert may be kept in accordance with Directive 2004/38/EC. If the competent authority decides to keep the alert, the SIRENE Bureau of the issuing Member State shall inform all the other SIRENE Bureaux thereof, by means of an M form.

4.10.   Deletion alerts for refusal of entry or stay

Without prejudice to the special procedures provided for by Article 25 of the Schengen Convention and Article 5(4)(a) and (c) of the Schengen Borders Code the alerts for refusal of entry or stay on third-country nationals shall be deleted upon:

• (a) the expiry of the alert;

• (b) the decision to delete by the competent authority of the issuing Member State;

• (c) the expiry of the time limit on refusal of entry where the competent authority of the issuing Member State set an expiry date on its decision; or

• (d) the acquisition of citizenship of one of the Member States. If the acquisition of citizenship comes to the attention of a SIRENE Bureau of a Member State other than the issuing one, the former shall consult the SIRENE Bureau of the issuing Member State and, if needed, send a J form, in accordance with the procedure for rectification and deletion of data found to be legally or factually inaccurate (see Section 2.8).

5. ALERTS ON MISSING PERSONS (ARTICLE 32 OF THE SIS II DECISION)

5.1.   Multiple alerts

See general procedure in Section 2.2.

5.2.   Misused identity

See general procedure in Section 2.12.1.

5.3.   Entering an alias

See general procedure in Section 2.12.2.

5.4.   Adding a flag

Circumstances may arise where a hit occurs on an alert on a missing person and the competent authorities within the executing Member State decide that the action requested may not be taken and/or that no further action will be taken on the alert. This decision may be taken even if the issuing Member State's competent authorities decide to retain the alert in SIS II. In such circumstances the executing Member State may request a flag after the hit has occurred. With a view to adding a flag, the general procedures as described in Section 2.7 shall be followed.

There is no alternative action to be taken for alerts for missing persons.

5.5.   Provision of descriptive detail on missing minors and other persons assessed as being at risk

SIRENE Bureaux shall have ready access to all relevant supplementary information at national level regarding missing person alerts in order for the SIRENE Bureaux to be able to play a full role in reaching a successful outcome to cases, facilitating identification of the person and providing supplementary information promptly on matters linked to the case. Relevant supplementary information may cover, in particular, national decisions on the custody of a child or vulnerable person or requests for the use of ‘Child Alert’ mechanisms.

As not all vulnerable missing persons will cross national borders, decisions on the provision of supplementary information (on descriptive details) and its recipients shall be taken on a case-by-case basis, covering the entire range of circumstances. Following a decision at national level on the extent of forwarding required for such supplementary information, the SIRENE Bureau of the issuing Member State shall, as far as is appropriate, take one of the following measures:

• (a) retain the information in order to be able to forward supplementary information upon the request of another Member State;

• (b) forward an M form to the relevant SIRENE Bureau if enquiries indicate a likely destination for the missing person;

• (c) forward an M form to all the relevant SIRENE Bureaux, based on the disappearance circumstances for the purpose of supplying all data concerning the person in a short period of time.

In the case of a high-risk missing person, field 311 of the M form shall begin with the word ‘URGENT’ and an explanation of the reason for the urgency. (When the missing minor is unaccompanied ([^E0033]), the explanatory term ‘Unaccompanied minor’ shall be indicated.) This urgency may be reinforced by a telephone call highlighting the importance of the M form and its urgent nature.

A common method for entering structured supplementary information in an agreed order on a high-risk missing person shall be used ([^E0034]). This shall be entered in field 083 of the M form.

Once information has been received by a SIRENE Bureau, it shall, in order to maximise the opportunities for locating the person in a targeted and reasoned fashion, be communicated, as far as is appropriate, to:

• (a) relevant border posts;

• (b) the competent administrative and police authorities for the location and protection of persons;

• (c) the relevant consular authorities of the issuing Member State, after a hit is achieved in SIS II.

5.6.   The exchange of information after a hit

See general procedure in Section 2.3.

In addition the following rules shall apply:

• (a) as far as it is possible, the SIRENE Bureaux shall communicate the necessary medical details of the missing person(s) concerned if measures have to be taken for their protection. The information transmitted shall be kept only as long as it is strictly necessary and shall be used exclusively for the purposes of medical treatment given to the person concerned;

• (b) the SIRENE Bureau of the executing Member State shall always communicate the whereabouts to the SIRENE Bureau of the issuing Member State;

• (c) in accordance with Article 33(2) of the SIS II Decision, the communication of the whereabouts of the missing person, who is of age, to the person who reported him/her missing shall be subject to the missing person's consent ([^E0035]). The consent shall be in writing or at least a written record shall be available. In cases where consent is refused, this shall be in writing or recorded officially. However, the competent authorities may communicate the fact that the alert has been deleted following a hit, to the person who reported him or her missing.

5.7.   Deletion of alerts on missing persons

If there is to be any significant delay in the deletion of the alert by the issuing Member State this delay shall be notified to the SIRENE Bureau of the executing Member State in order for a flag to be placed on the alert as described in Section 5.4 of the SIRENE Manual.

5.7.1.   Minors

An alert shall be deleted upon:

• (a) the resolution of the case (e.g. the minor is repatriated; the competent authorities in the executing Member State take a decision on the care of the child);

• (b) the expiry of the alert; or

• (c) the decision by the competent authority of the issuing Member State.

5.7.2.   Adults where no protective measures are requested

An alert shall be deleted upon:

• (a) the execution of the action to be taken (whereabouts ascertained by the executing Member State);

• (b) the expiry of the alert; or

• (c) the decision by the competent authority of the issuing Member State.

5.7.3.   Adults, protective measures requested

An alert shall be deleted upon:

• (a) carrying out of the action to be taken (person placed under protection);

• (b) the expiry of the alert; or

• (c) the decision by the competent authority of the issuing Member State.

Subject to national law, where a person is in official protective care an alert may be retained until that person has been repatriated.

6. ALERTS FOR PERSONS SOUGHT FOR A JUDICIAL PROCEDURE (ARTICLE 34 OF THE SIS II DECISION)

6.1.   Multiple alerts

See general procedure in Section 2.2.

6.2.   Misused identity

See general procedure in Section 2.12.1.

6.3.   Entering an alias

See general procedure in Section 2.12.2.

6.4.   The exchange of information after a hit

See general procedure in Section 2.3.

In addition, the following rules shall apply:

• (a) the real place of residence or domicile shall be obtained using all measures allowed by the national law of the Member State where the person was located;

• (b) national procedures shall be in place, as appropriate, to ensure that alerts are only kept in SIS II for the time required to meet the purposes for which they were supplied.

The SIRENE Bureaux may transmit further information on alerts entered under Article 34 of SIS II Decision, and in so doing may act on behalf of judicial authorities if this information falls within the scope of mutual judicial assistance.

6.5.   Deletion of alerts on persons sought for a judicial procedure

An alert shall be deleted upon:

• (a) the communication of the whereabouts of the person to the competent authority of the issuing Member State. Where the information forwarded cannot be acted upon (e.g. incorrect address or no fixed abode) the SIRENE Bureau of the issuing Member State shall inform the SIRENE Bureau of the executing Member State in order to resolve the problem;

• (b) the expiry of the alert; or

• (c) the decision by the competent authority of the issuing Member State.

Where a hit has been achieved in a Member State and the address details were forwarded to the issuing Member State and a subsequent hit in that Member State reveals the same address details the hit shall be recorded in the executing Member State but neither the address details nor a G form shall be re-sent to the issuing Member State. In such cases the executing Member State shall inform the issuing Member State on the repeated hits, and the issuing Member State shall consider the need to maintain the alert.

7. ALERTS FOR DISCREET AND SPECIFIC CHECKS (ARTICLE 36 OF THE SIS II DECISION)

7.1.   Multiple alerts

See general procedure in Section 2.2.

7.2.   Misused identity

See general procedure in Section 2.12.1.

7.3.   Entering an alias

See general procedure in Section 2.12.2.

7.4.   Informing other Member States when issuing alerts

When issuing an alert the SIRENE Bureau of the issuing Member State shall inform all the other SIRENE Bureaux by using an M form in the following cases:

• (a) an alert for discreet or specific check is issued with the request that hits are reported without any delay to the issuing SIRENE Bureau; in the M form it shall use the text ‘ARTICLE 36(2) of the SIS II Decision — immediate action’ or ‘ARTICLE 36(3) of the SIS II Decision — immediate action’. Justification for the immediate action shall also be set out in field 083 of the M form; or

• (b) an authority responsible for national security requests the issuance of an alert in accordance with Article 36(3) of the SIS II Decision; in the M form it shall use the text ‘ARTICLE 36(3) of the SIS II Decision’.

If the alert is issued under Article 36(3) of the SIS II Decision the M form shall contain, in field 080, the name of the authority requesting entry of the alert, first in the language of the issuing Member State and then also in English and its contact details in field 081 in a format not requiring translation.

The confidentiality of certain information shall be safeguarded in accordance with national law, including keeping contact between the SIRENE Bureaux separate from any contact between the services responsible for national security.

7.5.   Completion of the field ‘type of offence’ when issuing alerts

When issuing an alert under Article 36(2) or 36(3) of the SIS II Decision, where the alert concerns terrorism-related activity this information shall be entered in the field ‘type of offence’, unless there are clear operational reasons at the national level for not entering the information.

7.6.   Adding a flag

See general procedure in Section 2.7.

There is no alternative action to be taken for alerts for discreet or specific checks.

In addition, if the authority responsible for national security in the executing Member State decides that the alert requires a flag, it shall contact its national SIRENE Bureau and inform it that the required action to be taken cannot be carried out. The SIRENE Bureau shall then request a flag by sending an F form to the SIRENE Bureau of the issuing Member State. As with other flag requests a general reason shall be given. However, matters of a sensitive nature need not be disclosed (see also Section 7.7(b) below).

7.7.   The exchange of information after a hit

See general procedure in Section 2.3.

In addition the following rules shall apply:

• (a) When a hit occurs on an alert issued pursuant to Article 36(3) of the SIS II Decision, the SIRENE Bureau of the executing Member State shall inform the SIRENE Bureau of the issuing Member State of the results (discreet check or specific check) via the G form. At the same time the SIRENE Bureau of the executing Member State shall inform its own authority responsible for national security.

• (b) A specific procedure is required to safeguard the confidentiality of information. Therefore, any contact between the authorities responsible for national security shall be kept separate from the contact between the SIRENE Bureaux. Consequently, the detailed reasons for requesting a flag shall be discussed directly between authorities responsible for national security and not through SIRENE Bureaux.

• (c) When a hit occurs on an alert which requests the hit to be reported immediately a G form should be sent without delay to the SIRENE Bureau of the issuing Member State.

7.8.   Deletion of alerts on discreet and specific checks

An alert shall be deleted upon:

• (a) the expiry of the alert; or

• (b) a decision to delete by the competent authority of the issuing Member State.

7.9.   Automatic number plate recognition systems (ANPR)

See Section 9.

8. ALERTS ON OBJECTS FOR SEIZURE OR USE AS EVIDENCE (ARTICLE 38 OF THE SIS II DECISION)

8.1.   Multiple alerts

See general procedure in Section 2.2.

8.2.   Vehicle alerts

8.2.1.   Checking for multiple alerts on a vehicle

The mandatory identity description elements for checking for multiple alerts on a vehicle include:

• (a) the registration/number plate, and/or

• (b) the vehicle identification number (VIN).

Both numbers may feature in SIS II.

If, when entering a new alert, it is found that the same VIN and/or registration plate number already exist in SIS II, it is assumed that the new alert will result in multiple alerts on the same vehicle. However, this method of verification is effective only where the description elements used are the same. Comparison is therefore not always possible.

The SIRENE Bureau shall draw the users' attention to the problems which may arise where only one of the numbers has been compared, VIN-twins and re-use of licence plates. A positive response does not mean automatically that there is a hit, and a negative response does not mean that there is no alert on the vehicle.

The identity description elements used for establishing whether two vehicle entries are identical are detailed in Section 2.2.3.

The consultation procedures for checking multiple and incompatible alerts to be applied by the SIRENE Bureaux for vehicles shall be the same as for persons. For general procedures see Section 2.2.

The SIRENE Bureau of the Member State issuing an alert shall maintain a record of any requests to enter a further alert which, after consultation, have been rejected by virtue of the provisions given above, until the alert is deleted.

8.2.2.   VIN-twins

VIN-twin refers to a vehicle, entered in SIS II, of the same type with the same vehicle identification number (VIN) as an original manufactured vehicle (e.g. a tractor and a motorcycle with the same VIN do not fall into this category). The following specific procedure shall apply to avoid the negative consequences of a repeated seizure of the original manufactured vehicle with the same VIN:

• (a) Where the possibility of a VIN-twin is established, the SIRENE Bureau shall, as appropriate:
• (i) ensure that there is no error in the SIS II alert and the alert information is as complete as possible;
• (ii) check the circumstances of the case giving rise to an alert in SIS II;
• (iii) find out the history of both vehicles from their production;
• (iv) request a thorough check of the seized vehicle, in particular its VIN, to verify whether it is the original manufactured vehicle. All SIRENE Bureaux involved shall closely cooperate in taking such measures.

• (b) Where the existence of a VIN-twin is confirmed, the issuing Member State shall consider whether it is necessary to maintain the alert in SIS II. If the Member State decides to maintain the alert in SIS II the issuing Member State shall:
• (i) add a vehicle related remark ‘Suspicion of clone’ ([^E0036]) in the alert;
• (ii) invite the owner of the original manufactured vehicle, subject to his explicit consent and according to national law, to provide the SIRENE Bureau of the issuing Member State with all relevant information required to avoid the negative consequences of misidentification;
• (iii) send out an M form via its SIRENE Bureau to all other Bureaux including, as appropriate, the marks or features describing the original manufactured vehicle and distinguishing it from the vehicle entered in SIS II. The M form shall indicate words to the effect of ‘ORIGINAL MANUFACTURED VEHICLE’ prominently in field 083.

• (c) If, when SIS II is consulted, the vehicle related remark, ‘Suspicion of clone’ is found, the user conducting the check shall contact the national SIRENE Bureau to obtain additional information in order to clarify whether the vehicle being checked is the vehicle sought or the original manufactured vehicle.

• (d) If during the check, it is established that the information on the M form is no longer up-to-date the SIRENE Bureau of the executing Member State shall contact the SIRENE Bureau of the issuing Member State in order to verify the current legal ownership of the vehicle. The latter SIRENE Bureau shall send a new M form accordingly, indicating words to the effect of ‘ORIGINAL MANUFACTURED VEHICLE’ prominently in field 083.

8.3.   The exchange of information after a hit

The SIRENE Bureaux may transmit further information on alerts entered under Article 38 of the SIS II Decision and in so doing may act on behalf of judicial authorities, if this information falls within the scope of mutual judicial assistance in accordance with national law.

The SIRENE Bureaux shall send supplementary information as quickly as possible via a P form, if requested in field 089 of a G form, when a hit is achieved on an alert for seizure or use as evidence issued on a vehicle, aircraft, boat, industrial equipment or container pursuant to Article 38 of the SIS II Decision.

Given that the request is urgent and that it will not therefore be possible to collate all the information immediately, it shall not be necessary to fill all the fields of the P form. However, efforts shall be made to collate the information relating to the main headings: 041, 042, 043, 162, 164, 165, 166, 167 and 169.

Where a hit is achieved on an identifiable component of an object the SIRENE Bureau of the executing Member State shall inform the SIRENE Bureau of the issuing Member State of the circumstances of the hit using a G form, explaining in field 090 (Additional information) that the seizure is not of the complete object but of a component or components. Where several components are found at the same time, as they relate to one alert, only one G form will be sent. Any subsequent hits on the alert shall be notified to the SIRENE Bureau of the issuing Member State by means of a G form. The alert shall not be deleted unless the conditions set out in Section 8.4 are met.

8.4.   Deletion of alerts on objects for seizure or use as evidence in criminal proceedings

An alert shall be deleted upon:

• (a) the seizure of the object or equivalent measure once the necessary follow-up exchange of supplementary information has taken place between SIRENE Bureaux or the object becomes subject of another judicial or administrative procedure (e.g. judicial procedure on good faith purchase, disputed ownership or judicial cooperation on evidence);

• (b) the expiry of the alert; or

• (c) the decision to delete by the competent authority of the issuing Member State.

9. AUTOMATIC NUMBER PLATE RECOGNITION SYSTEMS (ANPR)

These systems are relevant for alerts under Articles 36 and 38 of the SIS II Decision. Due to the widespread use of ANPR for law enforcement purposes there is the technical capability to achieve numerous hits on a vehicle or number plate over a short period of time.

Given that some ANPR sites are manned there is the possibility of a vehicle being detected and the requested action undertaken. In this case, before any action is undertaken, the users of the ANPR system shall verify whether the hit achieved through ANPR relates to an alert under Article 36 or 38 of the SIS II Decision.

However, many fixed ANPR sites are not constantly manned. Accordingly, although the technology will register the passage of the vehicle and a hit will be achieved, the requested action may not be undertaken.

For both Article 36 and Article 38 alerts where the requested action could not be taken the following general procedure shall apply:

One H form shall be sent for the first hit. If more information is required on the movement of the vehicle it is for the SIRENE Bureau of the issuing Member State to contact the SIRENE Bureau of the executing Member State bilaterally to discuss information needs.

For alerts under Article 36 the following procedure shall apply:

• (a) the SIRENE Bureau of the Member State achieving the hit shall inform the issuing SIRENE Bureau of the circumstances of the hit using one G form, using the word ‘ANPR’ in field 086. If more information is required on the movement of the vehicle, the SIRENE Bureau of the issuing Member State shall contact the SIRENE Bureau of the executing Member State;

• (b) the SIRENE Bureau of the Member State achieving a hit on an alert for a specific check whereby the requested action could not be taken, shall inform the issuing SIRENE bureau of the circumstances of the hit using an H form, with the word ‘ANPR’ in field 083, followed by words to the effect of: ‘This hit has been achieved by use of ANPR. Please inform us if your country wishes to be informed of further hits achieved through ANPR for this vehicle or number plate where the requested action could not be undertaken’;

• (c) the issuing Member State shall decide whether the alert has achieved its purpose, shall be deleted or not and whether bilateral discussions should take place on information needs.

For alerts under Article 38 the following procedure shall apply:

• (a) in circumstances where a hit occurs and the requested action has been taken the SIRENE Bureau of the Member State achieving the hit shall inform the issuing SIRENE Bureau of the circumstances of the hit using one G form;

• (b) in circumstances where a hit occurs and the requested action has not been taken the SIRENE Bureau of the Member State achieving the hit shall inform the SIRENE Bureau of the issuing Member State of the circumstances of the hit using an H form and the word ‘ANPR’ in field 083 followed by words to the effect of; ‘This hit has been achieved by the use of ANPR. Please inform us if your country wishes to be informed of further hits achieved through ANPR for this vehicle or number plate where the requested action could not be taken.’;

• (c) when receiving such an H form, the SIRENE Bureau of the issuing Member State shall consult the competent authorities, which shall have the responsibility of deciding on the necessity of receiving further H forms or information passed bilaterally from the SIRENE Bureau of the executing Member State.

10. STATISTICS

Once a year the SIRENE Bureaux shall provide statistics, which have to be sent to the Agency and the Commission. The statistics shall also be sent, upon request, to the European Data Protection Supervisor and the competent national data protection authorities. The statistics shall comprise the number of forms of each type sent to each of the Member States. In particular, the statistics shall show the number of hits and flags. A distinction shall be made between hits found on alerts issued by another Member State and hits found by a Member State on alerts it issued.

Appendix 5 sets out the procedures and formats for the provision of statistics under this section.

[^E0001]: Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).

[^E0002]: OJ L 239, 22.9.2000, p. 19.

[^E0003]: Decision of the Executive Committee of 22 December 1994 on bringing into force the Implementing Convention (SCH/Com-ex (94) 29, rev. 2) (OJ L 239, 22.9.2000, p. 130).

[^E0004]: Decisions of the Executive Committee of 7 October 1997 (SCH/com-ex 97(27) rev. 4) for Italy and (SCH/com-ex 97(28) rev. 4) for Austria.

[^E0005]: Council Decision 1999/848/EC of 13 December 1999 on the full application of the Schengen acquis in Greece (OJ L 327, 21.12.1999, p. 58).

[^E0006]: Council Decision 2000/777/EC of 1 December 2000 on the application of the Schengen acquis in Denmark, Finland and Sweden, and in Iceland and Norway (OJ L 309, 9.12.2000, p. 24).

[^E0007]: Council Decision 2004/926/EC of 22 December 2004 on putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (OJ L 395, 31.12.2004, p. 70).

[^E0008]: OJ C 340, 10.11.1997, p. 92.

[^E0009]: Agreement with the Republic of Iceland and the Kingdom of Norway concerning the latter's association with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 36).

[^E0010]: OJ L 370, 17.12.2004, p. 78.

[^E0011]: OJ L 160, 18.6.2011, p. 3.

[^E0012]: Regulation (EC) No 1986/2006 of the European Parliament and of the Council of 20 December 2006 regarding access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates (OJ L 381, 28.12.2006, p. 1).

[^E0013]: Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).