Division 2.3 When the procedures following a hit cannot be followed (Article 104(3))

Under Article 104(3) a Member State, which is unable to follow the procedure, required by an alert shall immediately notify the issuing Member State by using an H form.

If when following a hit, normal procedures cannot be executed, the exchange of data should take place according to the following rules:

1. (a)

   the discovering Member State shall immediately inform the Member State that issued the alert via its Sirene bureau, that it is not able to follow procedures, and give the reasons by using an H form;

2. (b)

   the Member States concerned may then agree on what procedure to follow in keeping with their own national legislation and with the provisions of the Convention.