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Commission Decision of 22 September 2006 on amending the Sirene Manual (notified under document number C(2006) 4094) (Only the Czech, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, and Swedish texts are authentic) (2006/757/EC)

EU Decision 2006/757 · Adopted 22 September 2006 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Commission Decision

of 22 September 2006

on amending the Sirene Manual

(notified under document number C(2006) 4094)

(Only the Czech, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, and Swedish texts are authentic)

(2006/757/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 378/2004 of 19 February 2004 on procedures for amending the Sirene Manualf1, and in particular Article 2 thereof,

Whereas:

(1)

The Sirene Manualf2 is a set of instructions to operators in the Sirene offices of each Member State which describes in detail the rules and procedures governing the bilateral or multilateral exchange of supplementary information required for the implementation of certain provisions of the Convention of 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common bordersf3 (hereafter referred to as the Schengen Convention).

(2)

Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorismf4 introduced certain new functions with respect to the current version of the Schengen Information System (SIS), in particular as regards the provision of access to certain types of data entered into the SIS and the recording and transmissions of personal data. The working procedures within and between the Sirene offices should be adapted accordingly.

(3)

The technical development of Sirpit (Sirene Picture Transfer) requires specific working procedures within and between the concerned Sirene offices to enable them to exchange pictures and fingerprints electronically in order to identify persons quickly and accurately. These procedures should be included in the revised version of the Sirene Manual.

(4)

Standards of working procedures, technical infrastructure, security and staff requirements of the Sirene offices have developed over time. The Sirene Manual has not been amended since 1999. As a result significant amendments are now required in order to guarantee uniformity of working procedures, technical infrastructure and staff requirements. Given the extent of the necessary amendments to the provisions of the Sirene Manual it is appropriate to replace the current text of the Sirene Manual by a revised and up to date version.

(5)

Council Decision 2003/19/EC of 14 October 2002 on declassifying certain parts of the Sirene Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985f5 states that the declassified parts of the Sirene Manual are to be published in the Official Journal of the European Union.

(6)

This Decision constitutes the necessary basis for adopting the amendments of the Sirene Manual in respect of matters falling within the scope of the Treaty establishing the European Community (EC Treaty). Commission Decision 2006/758/EC of 22 September 2006 on amending the Sirene Manualf6 constitutes the necessary basis for adopting the amendments of the Sirene Manual in respect of matters falling within the scope of the Treaty on European Union (EU Treaty). The fact that the basis necessary for adopting the revised Sirene Manual consists of two separate instruments does not affect the principle that the Manual constitutes one single Manual. Nevertheless, for the sake of clarity it should be reproduced in the Annexes to both Decisions.

(7)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not a party to the adoption of this Decision and is, therefore, not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the EC Treaty, Denmark shall, in accordance with Article 5 of the said Protocol, decide, within a period of six months after the adoption of this Decision whether it will implement it in its national law.

(8)

This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis f7. The United Kingdom is, therefore, not party to its adoption and is not bound by or subject to its application.

(9)

This Decision constitutes a development of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis f8. Ireland is, therefore, not party to its adoption and is not bound by it or subject to its application.

(10)

As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point G of Council Decision 1999/437/ECf9 on certain arrangements for the application of that Agreement.

(11)

As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which falls within the area referred to in Article 1, point G of Decision 1999/437/EC read in conjunction with Article 4(1) of Decision 2004/860/ECf10 on the signing, on behalf of the European Community, and on the provisional application of certain provisions of that Agreement.

(12)

This Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3 (2) of the 2003 Act of Accession.

(13)

The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 3 of Council Regulation (EC) No 378/2004,

HAS ADOPTED THIS DECISION:

Annotations to the whole text

Footnotes

f1

OJ L 64, 2.3.2004, p. 5.

f2

OJ C 38, 17.2.2003, p. 1.

f3

OJ L 239, 22.9.2000, p. 19.

f4

OJ L 162, 30.4.2004, p. 29. Regulation as amended by Council Decision 2005/728/JHA (OJ L 273, 19.10.2005, p. 26).

f5

OJ L 8, 14.1.2003, p. 34.

f6

See page 41 of this Official Journal.

f7

OJ L 131, 1.6.2000, p. 43.

f8

OJ L 64, 7.3.2002, p. 20.

f9

OJ L 176, 10.7.1999, p. 31.

f10

OJ L 370, 17.12.2004, p. 78

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Annex 1: Revised Sirene Manual
  5. INTRODUCTION
  6. The following principle has been adopted by the Member States:
  7. 1THE SCHENGEN INFORMATION SYSTEM (SIS) AND NATIONAL SIRENES
  8. 1.1Legal basis (Article 92(4) Schengen Convention)
  9. 1.2The Sirene bureau
  10. 1.3Sirene Manual
  11. 1.4Standards
  12. 1.4.1Availability
  13. 1.4.2Continuity
  14. Security
  15. Security on premises
  16. Security on the system
  17. 1.4.4Accessibility
  18. Communications
  19. Operational
  20. Non-operational
  21. 1.4.6Transliteration rules
  22. 1.4.7Data quality
  23. 1.4.8Structures
  24. 1.4.9Archiving
  25. Staff
  26. 1.5.1Knowledge
  27. Training
  28. National level
  29. International level
  30. 1.5.3Exchange of staff
  31. 1.6Technical infrastructure
  32. 1.6.1Automatic introduction of data
  33. 1.6.2Automatic deletion of data
  34. 1.6.3Data exchange between Sirene bureaux
  35. 1.6.4Data quality SIS
  36. 2GENERAL PROCEDURES
  37. 2.1Multiple alerts (Article 107)
  38. 2.1.1The exchange of information for multiple alerts
  39. 2.1.2Checking for multiple alerts on a person
  40. 2.1.3Negotiating entering a new alert if it is incompatible with an existing alert (E form)
  41. 2.2The exchange of information after a hit
  42. 2.2.1Communicating further information
  43. 2.3When the procedures following a hit cannot be followed (Article 104(3))
  44. 2.4If the original purpose of the alert is altered (Article 102(3))
  45. 2.4.1Procedures for changing the original purpose
  46. 2.5Data found to be legally or factually inaccurate (Article 106)
  47. 2.5.1Rectification procedures
  48. 2.6The right to access and rectify data (Articles 109 and 110)
  49. 2.6.1The exchange of information regarding the right to access or rectify data
  50. 2.6.2Information on requests for access for alerts issued by other Member States
  51. 2.6.3Information on access and rectification procedures
  52. 2.7Deleting when the conditions for maintaining the alert cease to be met
  53. 2.8Misused identity
  54. Sirpit (Sirene Picture Transfer)
  55. 2.9.1Development and background of Sirpit (Sirene Picture Transfer)
  56. 2.9.2Further use of the data exchanged, including archiving
  57. 2.9.3Technical requirements
  58. 2.9.4The national identification service
  59. 2.9.5Use of the Sirene L form
  60. 2.9.6Sirpit procedure
  61. 2.9.6.1The discovering Sirene bureau makes the comparison
  62. 2.9.6.2The providing Sirene bureau makes the comparison
  63. 2.9.6.3Input screen
  64. 2.10Police cooperation (Articles 39 to 46)
  65. 2.10.1Specific powers in policing and security matters. Title III. (Articles 39 and 46)
  66. 2.11Overlapping roles of Sirene and Interpol
  67. 2.11.1Priority of SIS alerts over Interpol alerts
  68. 2.11.2Choice of communication channel
  69. 2.11.3Use and distribution of Interpol in Schengen States
  70. 2.11.4Sending information to third States
  71. 2.11.5Hit and deletion of an alert
  72. 2.11.6Improvement of cooperation between the Sirene bureaux and the Interpol NCBs
  73. 2.12Cooperation with Europol and Eurojust
  74. Special types of search
  75. 2.13.1Geographically targeted search
  76. 2.13.2Search with participation of special police units of targeted search
  77. 2.14Adding a flag
  78. 2.14.1The exchange of information when adding a flag
  79. 2.14.2Consulting the Member States with a view to adding a flag
  80. 2.14.3A request for a flag to be added
  81. 2.14.4Systematic request for a flag to be added for a Member State's nationals
  82. 3ALERTS PURSUANT TO ARTICLE 95
  83. 3.1Member State checks prior to issuing the alert
  84. 3.2Checking whether the national law of the Member States authorises arrest with a view to surrender or extradition
  85. Multiple alerts
  86. 3.3.1Check for multiple alerts (Article 107)
  87. 3.3.2Exchange of information
  88. 3.3.3Entering an alias
  89. Supplementary information to be sent to Member States
  90. 3.4.1Supplementary information to be sent with regards to an EAW
  91. 3.4.2Supplementary Information to be sent with regards to provisional arrest
  92. 3.4.3Further information to establish a person's identity
  93. 3.4.4Sending the A and M forms
  94. 3.5At the request of another Member State to add a flag
  95. 3.5.1The exchange of information when adding a flag
  96. 3.5.2Consulting the Member States with a view to adding a flag
  97. 3.5.3A request for a flag to be added
  98. 3.5.4Systematic request for a flag to be added to a Member State's nationals
  99. 3.6Action by Sirene bureaux upon receipt of an Article 95 alert
  100. The exchange of information after a hit
  101. 3.7.1Informing the Member States if an alert is matched
  102. 3.7.2Communicating further information
  103. 3.7.3Following a hit
  104. 3.8Deletion of an alert
  105. 3.8.1Deleting when the conditions for maintaining the alert cease to be met
  106. 3.9Misused identity
  107. 3.9.1Gathering and communicating information on the person whose identity is misused
  108. 3.9.2Communicating information on a person whose identity is misused
  109. 4ALERTS PURSUANT TO ARTICLE 96
  110. 4.1Introduction
  111. 4.2Alerts pursuant to Article 96
  112. 4.3Entering an alias
  113. 4.4Misused identity
  114. 4.4.1Gathering and communicating information on a person whose identity is misused
  115. 4.5Issuing residence permits or visas
  116. 4.6Refusing admission or expulsion from Schengen territory
  117. 4.7The exchange of information on third country nationals not to be granted admission
  118. 4.8Informing the Schengen Member States if an alert is matched
  119. 5ALERTS PURSUANT TO ARTICLE 97
  120. 5.1Alerts pursuant to Article 97
  121. 5.2Adding a flag
  122. 5.2.1The exchange of information when adding a flag
  123. 5.2.2Consulting the Member States with a view to adding a flag
  124. 5.2.3A request for a flag to be added
  125. 5.3After a hit
  126. 5.3.1Communicating further information
  127. ALERTS PURSUANT TO ARTICLE 98
  128. 6.1Alerts pursuant to Article 98
  129. 6.2After a hit
  130. 6.2.1Communicating further information
  131. 7ALERTS PURSUANT TO ARTICLE 99
  132. 7.1Alerts pursuant to Article 99(2)
  133. 7.2Entering an alias
  134. 7.3Consulting the Member States prior to alerts on grounds of State security
  135. 7.4Adding a flag
  136. 7.4.1The exchange of information when adding a flag
  137. 7.4.2Consulting the Member States with a view to adding a flag
  138. 7.4.3A request for a flag to be added
  139. 7.5Communicating further information following a hit
  140. 8ALERTS PURSUANT TO ARTICLE 100
  141. Vehicle alerts pursuant to Article 100
  142. 8.1.1Checking for multiple alerts on a vehicle
  143. 8.1.2The specific case of alerts on vehicles
  144. 8.2Communicating further information following a hit
  145. Division
  146. 9STATISTICS
  147. Annex 2CORRELATION TABLE