Division Procedure in cases falling under Article 5(4)(a)

According to Article 5(4)(a) of the Schengen Borders Code, a third-country national who is subject to an alert for refusal of entry or stay and, at the same time, has a residence permit or a re-entry visa issued by one of the Member States, shall be allowed entry for transit purposes to the Member State which issued the residence permit or re-entry visa, when crossing border in another Member State. The entry may be refused if this Member State has issued a national alert for refusal of entry.

If the third-country national concerned tries to enter the Member State which has entered the alert into the SIS II, his/her entry may be refused by this Member State. However, at the request of the competent authority, the SIRENE Bureau of that Member State shall consult the SIRENE Bureau of the Member State that issued the residence permit using an O form in order to allow the competent authority to determine whether there are sufficient reasons for withdrawing the residence permit. If the residence permit is not withdrawn, the alert in the SIS II shall be deleted but the person concerned may nevertheless be put on the national list of alerts for refusal of entry.

If this person tries to enter the Member State that issued the residence permit, he/she shall be allowed entry into the territory but the SIRENE Bureau of that Member State, at the request of the competent authority, shall send an O form to the SIRENE Bureau of the Member State that issued the alert in order to enable the competent authorities concerned to decide on withdrawal of the residence permit or deletion of the alert.

If third-country national concerned tries to enter a third Member State, which is neither the State that issued the alert nor that one which granted the residence permit, and the third Member State finds out that there is an alert in the SIS II on that person albeit he/she has a residence permit issued by one of the Member States, it shall allow transit towards the Member State that issued the residence permit. The entry may be refused if this third Member State has put the person concerned on its national list of alerts. In both cases, at the request of the competent authority, its SIRENE Bureau shall send the SIRENE Bureaux of the two Member States in question an H form informing them of the contradiction and requesting that they consult each other in order to either delete the alert in the SIS II or to withdraw the residence permit. It may also request to be informed of the result of any consultation.