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Commission Decision of 22 September 2006 on amending the Sirene Manual (2006/758/EC)

EU Decision 2006/758 · 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

(2006/758/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty on European Union,

Having regard to Council Decision 2004/201/JHA 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 bureaux 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)

The European arrest warrant (EAW)f4 is the first concrete legal development in the field of criminal law implementing the principle of mutual recognition which abolishes formal extradition procedures between Member States in respect of persons who are fleeing from justice having been finally sentenced and speeds up extradition procedures in respect of persons suspected of having committed a crime. The European arrest warrant replaces all previous instruments concerning extradition between the Member States, including the provisions of Title III of the Schengen Convention concerning extradition. Most newly issued alerts pursuant to Article 95 of the Schengen Convention (persons wanted for arrest for extradition) will be accompanied by an EAW. The specific checks and working procedures necessary before each of these cases within and between the Sirene bureaux should be introduced and adapted in accordance with the requirements of the European arrest warrant.

(3)

Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorismf5 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 bureaux should be adapted accordingly.

(4)

The technical development of Sirpit (Sirene Picture Transfer) requires specific working procedures within and between the concerned Sirene bureaux 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.

(5)

Standards of working procedures, technical infrastructure, security and staff requirements of the Sirene bureaux 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, security measures 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.

(6)

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 1985f6 states that the declassified parts of the Sirene Manual are to be published in the Official Journal of the European Union.

(7)

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 on European Union (EU Treaty). Commission Decision 2006/757/EC of 22 September 2006 on amending the Sirene Manualf7 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). 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.

(8)

The United Kingdom is taking part in this Decision, in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the EU Treaty and to the EC Treaty, and Article 8(2) of 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 f8.

(9)

Ireland is taking part in this Decision in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the EU Treaty and to the EC Treaty, and Article 6(2) of 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 f9.

(10)

As regards Iceland and Norway, this Decision constitutes a development of the 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/ECf10 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 fall within the area referred to in Article 1, point G of Decision 1999/437/EC read in conjunction with Article 4 (1) of the Council Decision 2004/849/ECf11 on the signing, on behalf of the European Union, 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 Decision 2004/201/JHA.

HAS DECIDED AS FOLLOWS:

Annotations to the whole text

Footnotes

f1

OJ L 64, 2.3.2004, p. 45.

f2

OJ C 38, 17.2.2003, p. 1.

f3

OJ L 239, 22.9.2000, p. 19.

f4

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).

f5

OJ L 68, 15.3.2005, p. 44.

f6

OJ L 8, 14.1.2003, p. 34.

f7

See page 1 of this Official Journal.

f8

OJ L 131, 1.6.2000, p. 43.

f9

OJ L 64, 7.3.2002, p. 20.

f10

OJ L 176, 10.7.1999, p. 31.

f11

OJ L 368, 15.12.2004, p. 26.

Contents

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