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Commission Decision of 4 March 2008 adopting the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) (notified under document number C(2008) 774) (Only the Bulgarian, Czech, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic) (2008/333/EC)

EU Decision 2008/333 · Adopted 4 March 2008 · Extends to United Kingdom

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Commission Decision

of 4 March 2008

adopting the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II)

(notified under document number C(2008) 774)

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

(2008/333/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II)f1, and in particular Articles 8(4), 9(1), 20(3), 22(a), 36(4) and 37(7) thereof,

Whereas:

(1)

Regulation (EC) No 1987/2006 shall apply to Member States participating in the SIS 1+ from dates to be fixed by the Council, acting by unanimity of its Members representing the governments of the Member States participating in SIS 1+. These dates shall be fixed after, amongst others, the necessary implementing measures have been adopted by the Commission.

(2)

These implementing measures cover SIS II aspects which, due to their technical nature, level of detail and need for regular updating, are not covered exhaustively by Regulation (EC) No 1987/2006.

(3)

These implementing measures include the SIRENE Manual which contains detailed rules for the exchange of supplementary information. Supplementary information is information not stored in SIS II but connected to SIS II alerts, which is to be exchanged: in order to allow Member States to consult or inform each other when entering an alert; following a hit in order to allow the appropriate action to be taken; when the required action cannot be taken; when dealing with the quality of SIS II data; when dealing with the compatibility and priority of alerts; when dealing with rights of access.

(4)

Other implementing measures are protocols and technical procedures ensuring the compatibility of N.SIS II with CS-SIS; technical rules necessary for entering, updating, deleting and searching data; the specification of the special quality check to ascertain the fulfilment of a minimum data quality standard by photographs and fingerprints entered into the SIS II; technical rules on entering and further processing additional data for the purpose of dealing with misused identity and technical rules on the linking of alerts.

(5)

The SIRENE Manual should be an important tool for SIRENE operators in their daily work with SIS II. It should have a form of a practical handbook and serve the purpose of facilitating the work of the SIRENE Bureau in its entirety.

(6)

Since certain rules of a technical nature have a direct impact on the work of end-users in the Member States it is appropriate to combine them in one document.

(7)

This Decision constitutes the necessary basis for adopting the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) in respect of matters falling within the scope of the Treaty establishing the European Community (EC Treaty). Commission Decision 2008/334/JHAf2 adopting the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) constitutes the necessary basis 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 SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) consists of two separate instruments shall not affect the principle that these implementing measures constitute one single document. Nevertheless, for the sake of clarity the Annex should be reproduced in the Annexes to both Decisions.

(8)

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 did not take part in the adoption of Regulation (EC) No 1987/2006 and is not bound by it nor subject to its application. However, given that Regulation (EC) No 1987/2006 builds upon the Schengen acquis under the provisions of Title IV of Part Three of the EC Treaty, Denmark, in accordance with Article 5 of the said Protocol, notified by letter of 15 June 2007 the transposition of this acquis in its national law. It is therefore bound under international law to implement this Decision. Consequently, Denmark should receive a copy of this Decision.

(9)

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 f3; the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application. This Decision should therefore not be addressed to the United Kingdom.

(10)

This Decision constitutes a development of provisions 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 f4; Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application. This Decision should therefore not be addressed to Ireland.

(11)

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 and Article 4(2) of the 2005 Act of Accession.

(12)

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 f5, which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreementf6.

(13)

As regards Switzerland, this Decision constitutes a development of 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 Council Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/860/EC on the signing, on behalf of the European Community, and on the provisional application of certain provisions of that Agreementf7.

(14)

The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 51 of Regulation (EC) No 1987/2006,

HAS ADOPTED THIS DECISION:

Annotations to the whole text

Footnotes

f1

OJ L 381, 28.12.2006, p. 4.

f2

See page 39 of this Official Journal.

f3

OJ L 131, 1.6.2000, p. 43.

f4

OJ L 64, 7.3.2002, p. 20.

f5

OJ L 176, 10.7.1999, p. 36

f6

OJ L 176, 10.7.1999, p. 31.

f7

OJ L 370, 17.12.2004, p. 78.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Annex: SIRENE Manual and other implementing measures
  5. INTRODUCTION
  6. The Schengen acquis
  7. The second generation Schengen Information System (SIS II)
  8. Supplementary information
  9. THE SIRENE BUREAUX AND THE SIS II
  10. 1.1The SIRENE Bureau
  11. 1.2SIRENE Manual
  12. 1.3Other implementing measures
  13. Standards
  14. Division
  15. 1.4.1Availability
  16. 1.4.2Continuity
  17. 1.4.3Security
  18. 1.4.4Confidentiality
  19. 1.4.5Accessibility
  20. 1.4.6Communications
  21. 1.4.7Transliteration rules
  22. 1.4.8Data quality
  23. 1.4.9Structures
  24. 1.4.10Archiving
  25. Staff
  26. 1.5.1Knowledge
  27. 1.5.2Recruitment
  28. Training
  29. National level
  30. European level
  31. 1.5.4Exchange of staff
  32. Technical infrastructure
  33. Division
  34. 1.6.1Data exchange between SIRENE Bureaux
  35. 1.7Training of other services
  36. GENERAL PROCEDURES
  37. Division
  38. 2.1Definitions
  39. Multiple Alerts (Article 34(6) of the SIS II Regulation and 49(6) of the SIS II Decision)
  40. Division
  41. 2.2.1Compatibility of alerts and order of priority
  42. 2.2.2Checking for multiple alerts
  43. 2.2.3Entering multiple alerts
  44. The exchange of information after a hit
  45. Division
  46. 2.3.1Communicating further information
  47. 2.4When the procedures following a hit cannot be followed (Article 48 of the SIS II Decision and Article 33 of the SIS II Regulation)
  48. 2.5Processing of data for purpose other than that for which it was entered in the SIS II (Article 46(5) of the SIS II Decision)
  49. Adding a flag (Articles 24 and 25 of the SIS II Decision)
  50. Division
  51. 2.6.1Consulting the Member States with a view of adding a flag
  52. 2.6.2Temporary clause until 1 January 2009: systematic request for flags to be added to alerts on a Member State's nationals
  53. Data found to be legally or factually inaccurate (Article 34 of the SIS II Regulation and Article 49 of the SIS II Decision)
  54. Division
  55. Exchange of information following discovery of new facts
  56. The right to access and rectify data (Articles 41 of the SIS II Regulation and 58 of the SIS II Decision)
  57. Division
  58. 2.8.1Requests for access to or rectification of data
  59. 2.8.2Exchange of information on requests for access to alerts issued by other Member States
  60. 2.8.3Exchange of information on requests to rectify or delete data entered by other Member States
  61. 2.9Deleting when the conditions for maintaining the alert cease to be met
  62. 2.10Entering proper names
  63. Different categories of identity
  65. Confirmed identity (established identity)
  66. Not confirmed identity
  67. Misused identity
  68. Alias
  69. 2.11.1Misused identity (Article 36 of the SIS II Regulation and 51 of the SIS II Decision)
  70. 2.11.2Entering an alias
  71. 2.11.3Further information to establish a person’s identity
  72. Exchange of information in case of interlinked alerts
  73. Division
  74. 2.12.1Technical rules
  75. 2.12.2Operational rules
  76. SIRPIT (SIRENE PIcture Transfer) and format and quality of biometric data in SIS II
  77. Division
  78. 2.13.1Further use of the data exchanged, including archiving
  79. 2.13.2Technical requirements
  80. 2.13.3Use of the SIRENE L form
  81. SIRPIT procedure
  82. Division
  83. 2.13.4.1Input screen
  84. Remarks:
  85. (*)Division (*)
  86. (2)Division (2)
  87. 2.13.5Format and quality of biometric data
  88. Overlapping roles of SIRENE and Interpol
  89. Division
  90. 2.14.1Priority of SIS II alerts over Interpol alerts
  91. 2.14.2Choice of communication channel
  92. 2.14.3Use and distribution of Interpol diffusions in Schengen States
  93. 2.14.4Hit and deletion of an alert
  94. 2.14.5Improvement of cooperation between the SIRENE Bureaux and the Interpol NCBs
  95. 2.14.6Sending information to third States
  96. 2.15Relations of SIRENE and Europol
  97. 2.16Relations of SIRENE and Eurojust
  98. Special types of search
  99. 2.17.1Geographically targeted search
  100. ALERTS FOR ARREST FOR SURRENDER OR EXTRADITION PURPOSES (ARTICLE 26 OF THE SIS II DECISION)
  101. Division
  102. 3.1Entering an alert
  103. Multiple alerts
  104. Division
  105. Compatibility of alerts for arrest
  106. 3.3Misused identity
  107. 3.4Entering an alias
  108. Supplementary information to be sent to Member States
  109. Division
  110. 3.5.1Supplementary Information to be sent with regards to an EAW
  111. Supplementary information to be sent with regards to provisional arrest
  112. 3.5.2.1When issuing an alert based on both an EAW and an ER
  113. 3.5.2.2When issuing an alert based on ER only
  114. 3.6Adding a flag
  115. 3.7Action by SIRENE Bureaux upon receipt of an alert for arrest
  116. 3.8The exchange of information after a hit
  117. ALERTS FOR REFUSAL OF ENTRY OR STAY (ARTICLE 24 OF THE SIS II REGULATION)
  118. Division
  119. 4.1Entering an alert
  120. Multiple alerts
  121. Division
  122. Compatibility of alerts for refusal of entry or stay
  123. 4.3Misused identity
  124. 4.4Entering an alias
  125. Exchange of information following a hit
  126. Division
  127. Exchange of information when issuing residence permits or visas
  128. Division
  129. Special procedures as provided for in Article 25 of the Schengen Convention
  130. Procedure under article 25(1) of the Schengen Convention
  131. Procedure under article 25(2) of the Schengen Convention
  132. Exchange of information when refusing entry or expelling from the Schengen territory
  133. Division
  134. Special procedures as provided for in Article 5(4)(a) and (c) of the Schengen Borders Code
  135. Procedure in cases falling under Article 5(4)(a)
  136. Procedure in cases falling under Article 5(4)(c)
  137. 4.6Exchange of information following a hit on a third-country national who is a beneficiary of the Community right of free movement
  138. 4.7Deletion of alerts entered for EU citizens
  139. ALERTS ON MISSING PERSONS (ARTICLE 32 OF THE SIS II DECISION)
  140. Division
  141. 5.1Entering an alert
  142. Multiple alerts
  143. Division
  144. Compatibility of alerts on missing persons
  145. 5.3Misused identity
  146. 5.4Entering an alias
  147. 5.5Adding a flag
  148. 5.6The exchange of information after a hit
  149. ALERTS FOR PERSONS SOUGHT FOR A JUDCIAL PROCEDURE (ARTICLE 34 OF THE SIS II DECISION)
  150. Division
  151. 6.1Entering an alert
  152. Multiple alerts
  153. Division
  154. Compatibility of alerts for a judicial procedure
  155. 6.3Misused identity
  156. 6.4Entering an alias
  157. 6.5The exchange of information after a hit
  158. ALERTS FOR DISCREET AND SPECIFIC CHECKS (ARTICLE 36 OF THE SIS II DECISION)
  159. Division
  160. 7.1Entering an alert
  161. Multiple alerts
  162. Division
  163. Compatibility of alerts for checks
  164. 7.3Misused identity
  165. 7.4Entering an alias
  166. 7.5Informing other Member States when issuing alerts requested by authorities responsible for national security (Article 36(3) of the Decision)
  167. 7.6Adding a flag
  168. 7.7The exchange of information after a hit
  169. ALERTS ON OBJECTS FOR SEIZURE OR USE AS EVIDENCE (ARTICLE 38 OF THE SIS II DECISION)
  170. Division
  171. 8.1Entering an alert
  172. Multiple alerts
  173. Division
  174. Compatibility of alerts for seizure and use as evidence
  175. 8.3The exchange of information after a hit
  176. 9STATISTICS
  177. 10REVISION OF THE SIRENE MANUAL AND OTHER IMPLEMENTING MEASURES