О Руководстве «Sirene» и других имплементационных мерах для Шенгенской информационной системы второго поколения (SIS II)» (С (2013)1043) [рус., англ.] Часть 7

1   2   3   4   5   6   7   8   9   10

COMMISSION IMPLEMENTING DECISION No. 2013/115/EU ON THE SIRENE MANUAL AND OTHER IMPLEMENTING MEASURES FOR THE SECOND GENERATION SCHENGEN INFORMATION SYSTEM (SIS II)

(Brussels, 26.II.2013)

(notified under document C(2013) 1043)

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

(Amended by: Commission Implementing Decision 2015/219/EU of 29 January 2015)

 

The European Commission,

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

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) <*>, and in particular Articles 8(4), 9(1) and 20(3), point (a) of Article 22 and Articles 36(4) and 37(7) thereof, and Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) <**>, and in particular Articles 8(4), 9(1) and 20(4), point (a) of Article 22 and Articles 51(4) and 52(7) thereof,

———————————

<*> OJ L 381, 28.12.2006, p. 4.

<**> OJ L 205, 7.8.2007, p. 63.

 

Having consulted the European Data Protection Supervisor,

Whereas:

(1) The second generation Schengen Information System (SIS II) will enter into operation in the first half of 2013. It will only contain the indispensable information allowing the identification of a person or an object and the necessary action to be taken. In addition, for SIS II to function properly, Member States will exchange supplementary information related to the alerts. This exchange of supplementary information is carried out by the Sirene Bureaux.

(2) To facilitate the work of the Sirene Bureaux and of users of SIS II involved in Sirene operations in their daily work, a Sirene Manual for SIS II was adopted in 2008 through a former first pillar legal instrument, Commission Decision 2008/333/EC <*>, as well as a former third pillar instrument, Commission Decision 2008/334/JHA <**>.

———————————

<*> OJ L 123, 8.5.2008, p. 1.

<**> OJ L 123, 8.5.2008, p. 39.

 

(3) Amendments to the Sirene Manual for SIS II are required now in order to better reflect the operational needs of users and staff involved in Sirene operations, to improve consistency of working procedures and to ensure that technical rules correspond to the state of the art.

(4) Member States have developed diverging rules about authorities having access to SIS II empowered to create, update or delete alerts. Furthermore, many Member States have integrated offices for international police cooperation including Europol, Interpol and Sirene matters in which staff carry out all necessary operations. It is therefore appropriate to extend the scope of the Sirene Manual to all users of SIS II and to all staff involved in Sirene operations.

(5) The provisions of the Sirene Manual need to be revised in order to reflect, inter alia, new technical capabilities for carrying out searches in SIS II; an updated description of the technical means of communication between Sirene Bureaux; clarification on procedures for alerts for refusal of entry; clarified procedures on management of SIS II alerts including the new categories of object introduced by Regulation (EC) No 1987/2006 and Decision 2007/533/JHA; procedures for exchanging supplementary information when it becomes clear that a SIS II alert concerns a vehicle that has been subject of criminal replication of vehicle details.

(6) To ensure the compliance of transcription and transliteration rules between SIS II and Sirene the rules on transcription and transliteration should be fully aligned with ICD 3.0 for SIS II, the latest version of the Interface Control Document referred to in Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II) <*>. Furthermore, the forms to be used by Sirene Bureaux for their exchanges of supplementary information should be aligned with the technical architecture set out in the document: «Data exchange between Sirene Bureaux (DEBS)». These forms should also use a more comprehensible, user-friendly format. It is moreover appropriate to set out an explanation of the procedures for gathering statistics on SIS II hits and on the exchange of supplementary information and to attach these explanations to the Manual as a new appendix.

———————————

<*> OJ L 57, 1.3.2008, p. 1.

 

(7) Due to the number of substantial changes made to the Sirene Manual for SIS II adopted in 2008 it is appropriate to adopt a new Sirene Manual. Therefore, Decisions 2008/333/EC and 2008/334/JHA should be repealed.

(8) Provisions on the protection of personal data and security of data in SIS II are set out in Regulation (EC) No 1987/2006 and Decision 2007/533/JHA. In the absence of specific provisions in Regulation (EC) No 1987/2006, 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 data <*> should apply to the exchange of supplementary information in relation to alerts based upon Article 24 of Regulation (EC) No 1987/2006. In the absence of specific provisions in Decision 2007/533/JHA, 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 matters <**> should apply to the exchange of supplementary information relating to all other alerts.

———————————

<*> OJ L 281, 23.11.1995, p. 31.

<**> OJ L 350, 30.12.2008, p. 60.

 

(9) Given that Regulation (EC) No 1987/2006 builds upon the Schengen acquis, Denmark, in accordance with Article 5 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, notified by letter of 15 June 2007 the transposition of this acquis into its national law. Denmark participates in Decision 2007/533/JHA. It is therefore bound to implement this Decision.

(10) The United Kingdom is taking part in this Decision to the extent that it does not concern the exchange of supplementary information in relation to Articles 24 and 25 of Regulation (EC) No 1987/2006, 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 <*>.

———————————

<*> OJ L 131, 1.6.2000, p. 43.

 

(11) Ireland is taking part in this Decision to the extent that it does not concern the exchange of supplementary information in relation to Articles 24 and 25 of Regulation (EC) No 1987/2006, 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 Schengen acquis <*>.

———————————

<*> OJ L 64, 7.3.2002, p. 20.

 

(12) As regards Cyprus, this Decision constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession.

(13) 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 <*>, which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC <**> on certain arrangements for the application of that Agreement.

———————————

<*> OJ L 176, 10.7.1999, p. 36.

<**> OJ L 176, 10.7.1999, p. 31.

 

(14) As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of 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 falls within the area referred to in Article 1, point G of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/860/EC <**>.

———————————

<*> OJ L 53, 27.2.2008, p. 52.

<**> OJ L 370, 17.12.2004, p. 78.

 

(15) As regards Liechtenstein, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol 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 Decision 2011/350/EU <**>.

———————————

<*> OJ L 160, 18.6.2011, p. 21.

<**> OJ L 160, 18.6.2011, p. 19.

 

(16) 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 and Article 67 of Decision 2007/533/JHA,

Has adopted this Decision:

 

Article 1

The Sirene Manual and other implementing measures for the second generation Schengen Information System (SIS II) shall be as set out in the Annex and the Appendices thereof. They shall be applicable to staff involved in Sirene operations as well as to all users of SIS II.

 

Article 2

Decisions 2008/333/EC and 2008/334/JHA are repealed.

 

Article 3

This Decision shall take effect on the day of its notification.

It shall apply from the date to be fixed by the Council, acting by unanimity of its Members representing the governments of the Member States participating in SIS 1+ in accordance with Article 55(2) of Regulation (EC) No 1987/2006 and Article 71(2) of Decision 2007/533/JHA.

 

Article 4

This Decision is addressed to the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.

 

Annex

THE SIRENE MANUAL AND OTHER IMPLEMENTING MEASURES FOR THE SECOND GENERATION SCHENGEN INFORMATION SYSTEM (SIS II)

INTRODUCTION

THE SCHENGEN AREA

On 14 June 1985, the Governments of the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands signed an agreement at Schengen, a small town in Luxembourg, with a view to enabling «(…) all nationals of the Member States to cross internal borders freely (…)» and to enable the «free circulation of goods and services».

The five founding countries signed the Convention implementing the Schengen Agreement <*> on 19 June 1990, and were later joined by the Italian Republic on 27 November 1990, the Kingdom of Spain and the Portuguese Republic on 25 June 1991, the Hellenic Republic on 6 November 1992, the Republic of Austria on 28 April 1995 and by the Kingdom of Denmark, the Kingdom of Sweden and the Republic of Finland on 19 December 1996.

———————————

<*> OJ L 239, 22.9.2000, p. 19.

 

Subsequently, as of 26 March 1995, the Schengen acquis was fully applied in Belgium, Germany, France, Luxembourg, Netherlands, Spain and Portugal <1>. As of 31 March 1998, in Austria and Italy <2>; as of 26 March 2000 in Greece <3> and finally, as of 25 March 2001, the Schengen acquis was applicable in full in Norway, Iceland, Sweden, Denmark and Finland <4>.

———————————

<1> Decision of the Executive Committee of 22 December 1994 on bringing into force the Convention implementing the Schengen Agreement of 19 June 1990 (SCH/Com-ex (94)29 rev. 2. (OJ L 239, 22.9.2000, p. 130).

<2> Decisions of the Executive Committee of 7 October 1997 (SCH/com-ex 97(27) rev. 4) for Italy and (SCH/com-ex 97(28)rev. 4) for Austria.

<3> Council Decision 1999/848/EC of 13 December 1999 on the full application of the Schengen acquis in Greece (OJ L 327, 21.12.1999, p. 58).

<4> Council Decision 2000/777/EC of 1 December 2000 on the application of the Schengen acquis in Denmark, Finland and Sweden, and in Iceland and Norway (OJ L 309, 9.12.2000, p. 24).

 

The United Kingdom (UK) and Ireland only take part in some of the provisions of the Schengen acquis, in accordance with Decision 2000/365/EC and Decision 2002/192/EC respectively.

In the case of the UK, the provisions in which the United Kingdom wished to take part (with exception of SIS) are applicable as of the 1 January 2005 <*>.

———————————

<*> Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (OJ L 395, 31.12.2004, p. 70).

 

The Schengen acquis was incorporated into the legal framework of the European Union by means of protocols attached to the Treaty of Amsterdam <*> in 1999. A Council Decision was adopted on 12 May 1999, determining the legal basis for each of the provisions or decisions which constitute the Schengen acquis, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union.

———————————

<*> OJ C 340, 10.11.1997.

 

From 1 May 2004, the Schengen acquis as integrated into the framework of the European Union by the Protocol annexed to the Treaty on European Union and to the Treaty establishing the European Community (hereinafter referred to as the Schengen Protocol), and the acts building upon it or otherwise related to it are binding on the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic. These Member States became full members of the Schengen area on 21 December 2007.

Cyprus is a signatory to the Convention implementing the Schengen Agreement but enjoys a derogation under its Act of Accession of 2003.

The Republic of Bulgaria and Romania acceded to the European Union on 1 January 2007; as from that date the Schengen acquis and the acts building upon it or otherwise related to it are binding upon them, with the derogation provided by their Act of Accession of 2005.

Croatia acceded to the European Union on 1 July 2013. It applies the Schengen acquis with the derogation provided by its Act of Accession of 2011.

Some of the provisions of the Schengen acquis apply upon accession of new Member States to the EU. Other provisions shall only apply in these Member States pursuant to a Council decision to that effect. Finally, the Council takes a decision on the lifting of border checks, after verification that the necessary conditions for the application of all parts of the acquis concerned have been met in the Member State in question, in accordance with the applicable Schengen evaluation procedures and after consultation of the European Parliament.

Certain other European countries joined the Schengen area. The Kingdom of Norway and the Republic of Iceland concluded an Association Agreement with the Member States on 18 May 1999 <*> in order to be associated to the Schengen Convention.

———————————

<*> Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s association with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 36).

 

In 2004, the Swiss Confederation signed an agreement with the European Union and the European Community concerning its association with the implementation, application and development of the Schengen acquis <*>, based upon which it became a member of the Schengen area on 12 December 2008.

———————————

<*> OJ L 370, 17.12.2004, p. 78.

 

On the basis of the Protocol 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 <*>, signed in 2008, the Principality of Liechtenstein became a member of the Schengen area on 19 December 2011.

———————————

<*> OJ L 160, 18.6.2011, p. 3.

 

THE SECOND GENERATION SCHENGEN INFORMATION SYSTEM (SIS II)

SIS II, set up pursuant to the Regulation (EC) No 1987/2006 and Decision 2007/533/JHA (SIS II Decision) on the establishment, operation and use of the Second Generation Information System (SIS II) (together: the SIS II legal instruments) as well as Regulation (EC) No 1986/2006 of the European Parliament and of the Council <*> constitute a common information system allowing the competent authorities in the Member States to cooperate by exchanging information and is an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union. These instruments as of 9 April 2013 when in application, repealed Title IV of the Convention implementing the Schengen Agreement. SIS II replaces the first generation Schengen Information System that began operating in 1995 and was extended in 2005 and 2007.

———————————

<*> Regulation (EC) No 1986/2006 of the European Parliament and of the Council of 20 December 2006 regarding access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates (OJ L 381, 28.12.2006, p. 1).

 

The purpose of SIS II as laid down in Article 1 of the SIS II legal instruments is «(…) to ensure a high level of security within an area of freedom, security and justice of the European Union including the maintenance of public security and public policy and the safeguarding of security in the territories of the Member States, and to apply the provisions of Title IV of Part Three of the (EC) Treaty (hereinafter referred to as the EC Treaty) relating to the movement of persons in their territories, using information communicated via this system».

In accordance with the SIS II legal instruments, by means of an automated consultation procedure, SIS II shall provide access to alerts on persons and objects to the following authorities:

(a) authorities responsible for border controls, in accordance with Regulation (EC) No 562/2006 of the European Parliament and of the Council <*>;

———————————

<*> Regulation (EC) No 562/2006 of the European Parliament and the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).

 

(b) authorities carrying out and coordinating other police and customs checks within the country;

(c) national judicial authorities and their coordination authorities;

(d) authorities responsible for issuing visas, the central authorities responsible for examining visa applications, authorities responsible for issuing residence permits and for the administration of legislation on third-country nationals in the context of the application of the Union law relating to the movement of persons;

(e) authorities responsible for issuing vehicle registration certificates (in accordance with Regulation (EC) No 1986/2006).

In accordance with the SIS II Decision, Europol and Eurojust also have access to certain categories of alerts.

SIS II is made up of the following components:

  1. a central system (the Central SIS II) composed of:

(a) a technical support function (CS-SIS) containing a database (the SIS II database);

(b) a uniform national interface (NI-SIS);

  1. a national system (N.SIS II) in each of the Member States, consisting of the national data systems which communicate with the Central SIS II. An N.SIS II may contain a data file (a national copy), containing a complete or partial copy of the SIS II database;
  2. a communication infrastructure between the CS-SIS and the NI-SIS that provides an encrypted virtual network dedicated to SIS II data and the exchange of data between Sirene Bureaux as defined below.

 

  1. THE SIRENE BUREAUX AND SUPPLEMENTARY INFORMATION

 

1.1. THE SIRENE BUREAU

SIS II only contains the indispensable information (i.e. alert data) allowing the identification of a person or an object and the necessary action to be taken. In addition, according to the SIS II legal instruments, Member States shall exchange supplementary information related to the alert which is required for implementing certain provisions foreseen under the SIS II legal instruments, and for SIS II to function properly, either on a bilateral or multilateral basis.

This structure, built to deal with the exchange of supplementary information, has been given the name «Sirene», which is an acronym of the definition of the structure in English: Supplementary Information Request at the National Entries.

A national «Sirene Bureau» shall be set up by each of the Member States in accordance with common Article 7(2) of the SIS II legal instruments. It shall serve as a single contact point for the Member States, fully operational on 24/7 basis, for the purpose of exchanging supplementary information in connection with the entry of alerts and for allowing the appropriate action to be taken in cases where persons and objects have been entered in SIS II and are found as a result of a hit. The Sirene Bureaux’s main tasks include <*> ensuring the exchange of all supplementary information is in accordance with the requirements of this Sirene Manual, as provided in common Article 8 of the SIS II legal instruments for the following purposes:

———————————

<*> This is without prejudice to other tasks given to Sirene Bureaux based on respective legislation in the framework of police cooperation, e.g. in the application of the Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, p. 89).

 

(a) to allow Member States to consult or inform each other whilst entering an alert (e.g. when entering alerts for arrest);

(b) following a hit to allow the appropriate action to be taken (e.g. matching an alert);

(c) when the required action cannot be taken (e.g. adding a flag);

(d) when dealing with the quality of SIS II data (e.g. when data has been unlawfully entered or is factually inaccurate), including the validation of outgoing alerts and the verification of incoming alerts, if it is provided for by national law;

(e) when dealing with the compatibility and priority of alerts (e.g. when checking for multiple alerts);

(f) when dealing with data subjects’ rights, in particular the right of access to data.

Member States are encouraged to organise all national bodies responsible for international police cooperation, including Sirene Bureaux, in a structured way so as to prevent conflicts of competence and duplication of work.

 

1.2. SIRENE MANUAL

The Sirene Manual is a set of instructions which describes in detail the rules and procedures governing the bilateral or multilateral exchange of supplementary information.

 

1.3. APPENDICES TO THIS SIRENE MANUAL

Since certain rules of a technical nature have a direct impact on the work of users in the Member States, including the Sirene Bureaux, it is appropriate to include such rules in the Sirene Manual. Therefore Appendices to this Manual set out, inter alia, rules on transliteration, code tables, forms for communication of supplementary information and other technical implementing measures for data processing.

 

1.4. CATALOGUE OF RECOMMENDATIONS FOR THE CORRECT APPLICATION OF THE SCHENGEN ACQUIS AND BEST PRACTICES (SCHENGEN INFORMATION SYSTEM)

The catalogue serves to provide legally non-binding recommendations and best practices for Member States in the light of experience. It also serves as a reference tool for evaluation of the correct implementation of the SIS II legal instruments. Accordingly, it should, as far as possible, be followed.

 

1.5. ROLE OF THE SIRENE BUREAUX IN POLICE COOPERATION IN THE EUROPEAN UNION

The exchange of supplementary information shall not prejudice the tasks entrusted to the Sirene Bureaux in the area of international police cooperation by national law implementing other legal instruments of the European Union.

Additional tasks may be entrusted to the Sirene Bureaux, in particular, by the national law implementing Framework Decision 2006/960/JHA, Articles 39 and 46 of the Schengen Convention, in as far as they are not replaced by Framework Decision 2006/960/JHA, Articles 40 or 41 of the Schengen Convention or if the information falls within the scope of mutual legal assistance.

If a Sirene Bureau receives, from another Sirene Bureau, a request falling outside its competence under national law it should immediately forward it to the competent authority and inform the requesting Sirene Bureau about this action. If necessary, it should provide support to the requesting Sirene Bureau to facilitate communication.

 

1.5.1. Transfer of SIS II data and supplementary information to third countries or international organisations

According to Article 39 of the SIS II Regulation and Article 54 of the SIS II Decision, data processed in SIS II in application of these two legal instruments shall not be transferred or made available to third countries or to international organisations. This prohibition shall apply to the transfer of supplementary information to third countries or international organisations. Article 55 of the SIS II Decision foresees derogation from this general rule regarding the exchange of data on stolen, misappropriated, lost or invalidated passports with Interpol, subject to the conditions laid down in this article.

 

1.6. RELATIONS BETWEEN SIRENE BUREAUX AND EUROPOL

Europol has the right to access and to directly search data entered in SIS II according to Articles 26, 36 and 38 of the SIS II Decision. Europol may request further information from the Member States concerned in accordance with the provisions of the Europol Decision <*>. In accordance with national law, it is strongly recommended that cooperation with the National Europol Unit (ENU) should be established in order to ensure that the Sirene Bureau is informed of any exchange of supplementary information between Europol and the ENU concerning alerts in SIS II. In exceptional cases where communication at national level concerning SIS II alerts is done by the ENU, all parties to the communication, especially the Sirene Bureau, should be made aware of this fact to avoid confusion.

———————————

<*> Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).

 

1.7. RELATIONS BETWEEN SIRENE BUREAUX AND EUROJUST

The national members of Eurojust and their assistants have the right to access and to directly search data entered in SIS II according to Articles 26, 32, 34 and 38 of the SIS II Decision. In accordance with national law, cooperation with them should be established in order to ensure the smooth exchange of information in case of a hit. In particular, the Sirene Bureau should be the contact point for national members of Eurojust and their assistants for supplementary information related to alerts in SIS II.

 

1.8. RELATIONS BETWEEN SIRENE BUREAUX AND INTERPOL <*>

———————————

<*> See also Schengen Catalogue, recommendations and best practices.

 

The role of the SIS II is neither to replace nor to replicate the role of Interpol. Although tasks may overlap, the governing principles for action and cooperation between the Member States under Schengen differ substantially from those under Interpol. It is therefore necessary to establish rules for cooperation between the Sirene Bureaux and the NCBs (National Central Bureaux) at the national level.

The following principles shall apply:

 

1.8.1. Priority of SIS II alerts over Interpol alerts

In case of alerts issued by Member States, SIS II alerts and the exchange of all information on these alerts shall always have priority over alerts and information exchanged via Interpol. This is of particular importance if the alerts conflict.

 

1.8.2. Choice of communication channel

The principle of Schengen alerts taking precedence over Interpol alerts issued by Member States shall be respected and it shall be ensured that the NCBs of Member States comply with this. Once the SIS II alert is created, all communication related to the alert and the purpose for its creation and execution of action to be taken shall be provided by Sirene Bureaux. If a Member State wants to change channels of communication, the other parties have to be consulted in advance. Such a change of channel is possible only in specific cases.

 

1.8.3. Use and distribution of Interpol diffusions in Schengen States

Given the priority of SIS II alerts over Interpol alerts, the use of Interpol alerts shall be restricted to exceptional cases (i.e. where there is no provision, either in the SIS II legal instruments or in technical terms, to enter the alert in the SIS II, or where not all the necessary information is available to form a SIS II alert). Parallel alerts in the SIS II and via Interpol within the Schengen area should be avoided. Alerts which are distributed via Interpol channels and which also cover the Schengen area or parts thereof shall bear the following indication: «except for the Schengen States».

 

1.8.4. Hit and deletion of an alert

In order to ensure the Sirene Bureau’s role as a coordinator of the verification of the quality of the information entered in the SIS II Member States shall ensure that the Sirene Bureaux and the NCBs inform each other of hits and deletion of alerts.

 

1.8.5. Improvement of cooperation between the Sirene Bureaux and the Interpol NCBs

In accordance with national law, each Member State shall take all appropriate measures to provide for the effective exchange of information at the national level between its Sirene Bureau and the NCBs.

1   2   3   4   5   6   7   8   9   10

Добавить комментарий

Ваш e-mail не будет опубликован.

*

code