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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) (2008/334/JHA)

EU Decision 2008/334 · Adopted 4 March 2008 · 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 4 March 2008

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

(2008/334/JHA)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty on European Union,

Having regard to Council Decision 2007/533/JHA of 12 June 2007 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(4), 22(a), 38(3), 51(4) and 52(7) thereof,

Whereas:

(1)

Decision 2007/533/JHA shall apply to Member States participating in 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 other conditions to be met, 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 Decision 2007/533/JHA.

(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 on persons and objects; 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 on European Union (EU Treaty). Commission Decision 2008/333/ECf2 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 establishing the European Community (EC 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)

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 f3.

(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 f4.

(10)

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.

(11)

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/ECf6 on certain arrangements for the application of that Agreement.

(12)

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 fall within the area referred to in Article 1, point G of Decision 1999/437/EC of 25 October 2004 read in conjunction with Article 4(1) of the Council decision 2004/849/EC on the signing, on behalf of the European Union, and on the provisional application of certain provisions of that Agreementf7.

(13)

The measures provided for in this Decision are in accordance with the opinion of the Committee, set up by Article 67 of Council Decision 2007/533/JHA.

HAS DECIDED AS FOLLOWS:

Annotations to the whole text

Footnotes

f1

OJ L 205, 7.8.2007, p. 63.

f2

See page 1 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 368, 15.12.2004, p. 26.

Contents

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