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Commission Implementing Decision of 1 July 2011 amending the SIRENE Manual (notified under document C(2011) 4574) (Only the Bulgarian, Czech, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic) (2011/406/EU)

EU Decision 2011/406 · Adopted 1 July 2011 · Extends to United Kingdom

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Commission Implementing Decision

of 1 July 2011

amending the SIRENE Manual

(notified under document C(2011) 4574)

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

(2011/406/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 378/2004 of 19 February 2004 on procedures for amending the SIRENE Manualf1, and in particular Article 2 thereof,

Having regard to Council Decision 2004/201/JHA of 19 February 2004 on procedures for amending the SIRENE Manualf2, and in particular Article 2 thereof,

Whereas:

(1)

The SIRENE Manual constitutes a set of instructions to operators in the SIRENE bureaux of each Member State which establishes the rules and procedures governing the bilateral or multilateral exchange of supplementary information which is required to implement correctly certain provisions of the Convention of 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common bordersf3 (the Schengen Convention).

(2)

Standards of working procedures of the SIRENE bureaux and the Union law relevant to the supplementary information exchange between SIRENE bureaux have developed over time. The SIRENE Manual has not been amended since 2007. As a result, amendments are now required in order to guarantee uniformity of working procedures and ensure alignment with developments of the Union law relevant to the supplementary information exchange between SIRENE bureaux. 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 with a revised version.

(3)

Provisions on the protection of personal data and security of data in the Schengen Information System are set out in the Schengen Convention. In the absence of specific provisions of the Convention, Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such dataf4 is applicable to the exchange of supplementary information relating to alerts for refusal of entry. In the absence of specific provisions of the Convention, Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal mattersf5 applies to the exchange of supplementary information relating to all other alerts.

(4)

In accordance with Articles 1 and 2 of the former 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 378/2004 and is not bound by it nor subject to its application. However, given that Regulation (EC) No 378/2004 built upon the Schengen acquis under the provisions of Title IV of Part Three of the former Treaty establishing the European Community, Denmark, in accordance with Article 5 of the said Protocol, decided to implement this acquis in its national law. Denmark took part in the adoption of Decision 2004/201/JHA. It is therefore bound to implement this Decision.

(5)

The United Kingdom is taking part in this Decision to the extent it does not concern supplementary information exchange in relation to Article 96 of the Schengen Convention, in accordance with Article 5 of the Protocol on the Schengen acquis integrated into the framework of the European Union annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, 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 f6.

(6)

Ireland is taking part in this Decision to the extent it does not concern supplementary information exchange in relation to Article 96 of the Schengen Convention, in accordance with Article 5 of the Protocol on the Schengen acquis integrated into the framework of the European Union annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, 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 acquis f7.

(7)

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.

(8)

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 latters’ association with the implementation, application and development of the Schengen acquis f8 which fall within the area referred to in Article 1, point G, of Council Decision 1999/437/ECf9 on certain arrangements for the application of that Agreement.

(9)

As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded 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 f10, which fall within the area referred to in Article 1, point G, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decisions 2008/146/ECf11 and 2008/149/JHAf12.

(10)

As regards Liechtenstein, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association 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 3 of Council Decisions 2008/261/ECf13 and 2008/262/JHAf14.

(11)

The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 3 of Regulation (EC) No 378/2004 and Article 3 of Decision 2004/201/JHA,

HAS ADOPTED THIS DECISION:

Annotations to the whole text

Footnotes

f1

OJ L 64, 2.3.2004, p. 5.

f2

OJ L 64, 2.3.2004, p. 45.

f3

OJ L 239, 22.9.2000, p. 19.

f4

OJ L 281, 23.11.1995, p. 31.

f5

OJ L 350, 30.12.2008, p. 60.

f6

OJ L 131, 1.6.2000, p. 43.

f7

OJ L 64, 7.3.2002, p. 20.

f8

OJ L 176, 10.7.1999, p. 36.

f9

OJ L 176, 10.7.1999, p. 31.

f10

OJ L 53, 27.2.2008, p. 52.

f11

OJ L 53, 27.2.2008, p. 1.

f12

OJ L 53, 27.2.2008, p. 50.

f13

OJ L 83, 26.3.2008, p. 3.

f14

OJ L 83, 26.3.2008, p. 5.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Annex: SIRENE MANUAL
  5. INTRODUCTION
  6. 1THE SCHENGEN INFORMATION SYSTEM (SIS) AND THE NATIONAL SIRENE BUREAUX
  7. 1.1The SIRENE bureaux
  8. 1.2SIRENE Manual
  9. 1.3Standards
  10. 1.3.1Availability
  11. 1.3.2Continuity
  12. Security
  13. Security on premises
  14. Security of the system
  15. 1.3.4Accessibility
  16. Communications
  17. Operational
  18. Non-operational
  19. SIRENE Address Book (SAB)
  20. 1.3.6Transliteration rules
  21. 1.3.7Data quality
  22. 1.3.8Structures
  23. Archiving
  24. (a)Division (a)
  25. (b)Division (b)
  26. (c)Division (c)
  27. (d)Division (d)
  28. (e)Division (e)
  29. (f)Division (f)
  30. Staff
  31. 1.4.1Knowledge
  32. Training
  33. National level
  34. European level
  35. 1.4.3Exchange of staff
  36. Technical infrastructure
  37. 1.5.1SIRENE work-flow system
  38. 1.5.2Automatic introduction of data
  39. 1.5.3Automatic deletion of data
  40. 1.5.4Data Exchange between SIRENE bureaux
  41. 1.5.5Data quality in the SIS
  42. 2GENERAL PROCEDURES
  43. 2.1Multiple alerts (Article 107)
  44. 2.1.1Compatibility of alerts and order of priority
  45. 2.1.2Checking for multiple alerts on a person
  46. 2.1.3Negotiating the entry of a new alert if this is incompatible with an existing alert
  47. 2.2The exchange of information after a hit
  48. 2.2.1Procedures following a hit
  49. 2.2.2Communicating further information
  50. 2.3When the procedures following a hit cannot be followed (Article 104(3))
  51. 2.4If the original purpose of the alert is altered (Article 102(3))
  52. 2.5Data found to be legally or factually inaccurate (Article 106)
  53. 2.6The right to access and rectify data (Articles 109 and 110)
  54. 2.6.1The exchange of information regarding the right to access or rectify data
  55. 2.6.2Information on requests for access to, or correction or deletion of alerts issued by other Member States
  56. 2.6.3Information on access and rectification procedures
  57. 2.7Deletion of an alert when the conditions for maintaining it cease to be met
  58. 2.8Misused Identity
  59. 2.9Entering an alias
  60. SIRPIT (SIRENE Picture Transfer)
  61. 2.10.1Development and background of SIRPIT (SIRENE Picture Transfer)
  62. 2.10.2Use of the data exchanged, including archiving
  63. 2.10.3Technical requirements
  64. 2.10.4The national identification service
  65. 2.10.5Use of the SIRENE L form
  66. 2.10.6SIRPIT procedure
  67. The discovering SIRENE bureau makes the comparison
  68. (a)Division (a)
  69. (b)Division (b)
  70. (c)Division (c)
  71. (d)Division (d)
  72. 2.10.6.2The providing SIRENE bureau makes the comparison
  73. (a)Division (a)
  74. (b)Division (b)
  75. (c)Division (c)
  76. 2.10.6.3Input screen
  77. Remarks:
  79. Notes:
  80. (1)Division (1)
  81. (2)Division (2)
  82. 2.11Role of the SIRENE bureaux in police cooperation in the European Union
  83. 2.12Relations between SIRENE and Interpol
  84. 2.12.1Priority of SIS alerts over Interpol alerts
  85. 2.12.2Choice of communication channel
  86. 2.12.3Use and distribution of Interpol diffusions and notices in Schengen states
  87. 2.12.4Sending information to third countries
  88. 2.12.5Hit and deletion of an alert
  89. 2.12.6Improvement of cooperation between the SIRENE bureaux and the Interpol NCBs
  90. 2.13Cooperation with EUROPOL and EUROJUST
  91. Special types of search
  92. 2.14.1Geographically targeted search
  93. 2.14.2Search with participation of special police units for targeted search (FAST)
  94. 2.15Flagging
  95. 2.15.1Consulting the Member States with a view to adding a flag
  96. 2.15.2A request for deletion of a flag
  97. 2.16Indication of urgency in SIRENE forms
  98. 3ALERTS PURSUANT TO ARTICLE 95
  99. 3.1Member State checks prior to issuing the alert
  100. 3.2Checking whether the national law of the Member States authorises arrest with a view to surrender or extradition
  101. Multiple alerts
  102. 3.3.1Check for multiple alerts (Article 107)
  103. 3.3.2Exchange of information
  104. Supplementary information to be sent to Member States
  105. 3.4.1Supplementary information to be sent with regards to an EAW
  106. 3.4.2Supplementary Information to be sent with regards to provisional arrest
  107. 3.4.3Entering an alias
  108. 3.4.4Further Information to establish a person’s identity
  109. 3.4.5Sending the A and M forms
  110. 3.5Flagging
  111. 3.5.1Systematic request for a flag to be added to alerts on persons wanted for arrest for extradition purposes where Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States does not apply
  112. 3.6Action by SIRENE bureaux upon receipt of an Article 95 alert
  113. The exchange of information after a hit
  114. 3.7.1Informing the Member States if an alert is matched
  115. 3.7.2Communicating further information
  116. 3.7.3Following a hit
  117. 3.7.4Supplementary information exchange about surrender or extradition
  118. 3.8Deletion of an alert
  119. 3.8.1Deleting when the conditions for maintaining the alert cease to be met
  120. 3.9Misused identity
  121. 4ALERTS PURSUANT TO ARTICLE 96
  122. 4.1Introduction
  123. 4.2Entry of alerts pursuant to Article 96
  124. 4.3Entering an alias
  125. 4.4Misused Identity
  126. 4.5Types of SIRENE procedures to be followed
  127. Exchange of information following a hit
  128. 4.6.1Exchange of information when refusing entry or expelling from the Schengen territory
  129. 4.6.2Exchange of information when issuing residence permits or visas
  130. Special procedures as provided for in Article 25 of the Schengen Convention
  131. 4.6.3.1Procedure under Article 25(1) of the Schengen Convention
  132. 4.6.3.2Procedure under Article 25(2) of the Schengen Convention
  133. Special procedures as provided for in Article 5(4) of the Schengen Borders Code
  134. 4.6.4.1Procedure in cases falling under Article 5(4)(a) of the Schengen Borders Code
  135. 4.6.4.2Procedure in cases falling under Article 5(4)(c) of the Schengen Borders Code
  136. 4.7Exchange of information on a third-country national who is a beneficiary of the right of free movement
  137. 4.7.1Exchange of information following a hit
  138. 4.7.2Exchange of information if, in the absence of a hit, a Member State discovers that there is an alert for refusal of entry for a third-country national who is a beneficiary of the right of free movement
  139. 4.8Deletion of alerts entered for EU citizens
  140. 4.9Informing the Schengen Member States if an alert is matched
  141. 5ALERTS PURSUANT TO ARTICLE 97
  142. 5.1Flagging
  143. 5.2Provision of descriptive detail on missing minors and other persons assessed as being at risk
  144. 5.3After a hit
  145. 6ALERTS PURSUANT TO ARTICLE 98
  146. 6.1After a hit
  147. 7ALERTS PURSUANT TO ARTICLE 99
  148. 7.1Entering an alias
  149. 7.2Informing other Member States when issuing alerts requested by authorities responsible for national security
  150. 7.3Flagging
  151. 7.4Communicating further information following a hit
  152. 8ALERTS PURSUANT TO ARTICLE 100
  153. Vehicle alerts pursuant to Article 100
  154. 8.1.1Checking for multiple alerts on a vehicle
  155. 8.1.2VIN Twins
  156. 8.2Communicating further information following a hit
  157. Division
  158. 9STATISTICS