Division 3.3.1 Check for multiple alerts (Article 107)

Each Member State can only enter one alert on the system per wanted person. Therefore, a check is required to identify multiple requests for an alert from one Member State. In the event of multiple requests by one Member State, a national procedure is required to agree which EAW will be shown on the Article 95 alert. Alternatively, a single EAW could be issued to cover all offences.

Several alerts issued by different countries for the same subjects may sometimes occur. Therefore, this calls for:

1. (a)

   checks before entering an alert, to determine whether the subject is already in the SIS;

2. (b)

   consultation with other Member States, when the entry of an Article 95 alert will cause multiple alerts that are incompatible (for example, if an Article 99 Alert already exists for that person and an Article 95 should be entered).

Article 95 alerts are compatible with Article 97 and 98 alerts. They may also co-exist with Article 96 alerts, although in such cases, the Article 95 procedures have priority over those set for Article 96. Article 99 alerts are not compatible with Article 95 alerts.

The order of priority for alerts is as follows:

• arrest with a view to surrender or extradition (Article 95),

• non-admission into Schengen States (Article 96),

• placing under protection (Article 97),

• discreet surveillance (Article 99),

• specific checks (Article 99),

• communicating whereabouts (Articles 97 and 98).

Departures from this order of priority may be made after consultation between the Member States if essential national interests are at stake.

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.

Whenever a hit occurs in a Member State, the Sirene bureau of the Member State that produced the alert may send as many EAW as have been issued by their competent judicial authorities.

Several Member States may enter an alert for an EAW on the same person. If two or more Member States have issued an EAW 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.