О Руководстве «Sirene» и других имплементационных мерах для Шенгенской информационной системы второго поколения (SIS II)» (С (2013)1043) [рус., англ.] Часть 9

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2.5. PROCESSING OF DATA FOR PURPOSE OTHER THAN THAT FOR WHICH IT WAS ENTERED IN THE SIS II (ARTICLE 46(5) OF THE SIS II DECISION)

The data contained in SIS II may only be processed for the purposes laid down for each category of alert.

However, if prior authorisation has been obtained from the issuing Member State, the data may be processed for a purpose other than that for which they were entered, in order to prevent an imminent serious threat to public policy and security, for serious reasons of national security or for the purposes of preventing a serious criminal offence.

If a Member State intends to process data in SIS II for a purpose other than that for which they were entered, the exchange of information shall take place according to the following rules:

(a) through its Sirene Bureau, the Member State that intends to use data for a different purpose shall explain to the Member State that entered the alert the grounds for having the data processed for another purpose, by using an I form;

(b) as soon as possible, the issuing Member State shall study whether this request can be met and inform the other Member State by using an M form, through its Sirene Bureau, of its decision;

(c) if need be, the Member State that entered the alert may grant authorisation subject to certain conditions on how the data are to be used This authorisation shall be sent by using an M form.

Once the Member State that entered the alert has agreed, the other Member State shall only use the data for the purpose for which it obtained authorisation. It shall take account of any conditions set by the issuing Member State.

 

2.6. FLAGGING

 

2.6.1. Introduction

(a) Article 24 of the SIS II Decision provides for the following cases where a Member State may require a flag:

(i) Where a Member State considers that to give effect to an alert entered in accordance with Articles 26, 32 or 36 of the SIS II Decision is incompatible with its national law, its international obligations or essential national interests, it may subsequently require that a flag be added to the alert to the effect that the action to be taken on the basis of the alert will not be taken in its territory. The flag shall be added by the Sirene Bureau of the issuing Member State.

(ii) In order to enable Member States to require that a flag be added to an alert issued in accordance with Article 26, all Member States shall be notified automatically about any new alert of that category by the exchange of supplementary information.

(iii) If in particularly urgent and serious cases, a Member State issuing an alert requests the execution of the action, the Member State executing the alert shall examine whether it is able to allow the flag added at its behest to be withdrawn. If the Member State executing the alert is able to do so, it shall take the necessary steps to ensure that the action to be taken can be carried out immediately.

(b) An alternative procedure exists only for alerts for arrest (see Section 3.6).

(c) When a flag is added to alerts for missing persons and alerts for discreet or specific checks the alert does not appear on the screen when the user consults the system.

(d) Without prejudice to Section 3.6.1 a Member State shall not request a flag solely on the basis that a given Member State is the issuing Member State. Flags shall only be requested on a case-by-case basis.

 

2.6.2. Consulting the Member States with a view to adding a flag

A flag shall be added only at the request or agreement of another Member State.

The following procedure shall apply:

(a) If a Member State requests a flag to be added, it shall request the flag from the issuing Member State using an F form, explaining the reason for the flag. Field 071 shall be used for this purpose, explaining in field 080 the reason for the flag. For other supplementary information concerning the alert field 083 shall be used.

(b) The Member State that entered the alert shall add the requested flag immediately.

(c) Once information has been exchanged, based on the information provided for in the consultation process by the Member State requesting the flag, the alert may need to be amended or deleted or the request may be withdrawn, leaving the alert unchanged.

 

2.6.3. A request for deletion of a flag

Member States shall request the deletion of the previously requested flag as soon as the reason for the flag is no longer valid. This may be the case, in particular, if national legislation has changed or if further information exchange about the case reveals that the circumstances referred to in Article 24(1) or 25 of the SIS II Decision no longer exist.

The following procedure shall apply:

(a) The Sirene Bureau which previously requested the flag to be added shall request the Sirene Bureau of the issuing Member State to delete the flag, using an F form. Field 075 shall be used for this purpose <*>. For more details concerning national law field 080 shall be used and, where appropriate, for inserting supplementary information explaining the reason for the deletion of the flag and for other supplementary information concerning the alert field 083 shall be used.

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<*> For the technical implementation see the Data Exchange between Sirenes document referred to in Section 1.10.2.

 

(b) The Sirene Bureau of the issuing Member State shall delete the flag immediately.

 

2.7. DATA FOUND TO BE LEGALLY OR FACTUALLY INACCURATE (ARTICLE 34 OF THE SIS II REGULATION AND ARTICLE 49 OF THE SIS II DECISION)

If data is found to be factually incorrect or has been unlawfully stored in the SIS II, then the exchange of supplementary information shall take place in line with the rules set out in Article 34(2) of the SIS II Regulation and Article 49(2) of the SIS II Decision, which provide that only the Member State that issued the alert may modify, add to, correct, update or delete data.

The Member State which found that data contains an error or that it has been unlawfully stored shall inform the issuing Member State via its Sirene Bureau at the earliest opportunity and not later than 10 calendar days after the evidence suggesting the error has come to its attention. The exchange of information should be carried out using a J form.

(a) following the result of consultations, the issuing Member State may have to delete or correct the data, in accordance with its national procedures for correcting the item in question;

(b) if there is no agreement within two months, the Sirene Bureau of the Member State that discovered the error or that the data has been unlawfully stored shall advise the authority responsible within its own country to refer the matter to the European Data Protection Supervisor, who shall, jointly with the national supervisory authorities concerned, act as mediator.

 

2.8. THE RIGHT TO ACCESS AND RECTIFY DATA (ARTICLES 41 OF THE SIS II REGULATION AND ARTICLE 58 OF THE SIS II DECISION)

 

2.8.1. Requests for access to or rectification of data

Without prejudice to national law, when the national authorities need to be informed of a request to access or rectify data, then the exchange of information will take place according to the following rules:

(a) Each Sirene Bureau applies its national law on the right to access personal data. Depending on the circumstances of the case and in accordance with the applicable law, the Sirene Bureaux shall either forward any requests they receive for access to or for rectification of data to the competent national authorities, or they shall adjudicate upon these requests within the limits of their remit.

(b) If the competent national authorities so require, the Sirene Bureaux of the Member States concerned shall, in accordance with their national law, forward them information on exercising the right to access data.

 

2.8.2. Exchange of information on requests for access to alerts issued by other Member States

Information on requests for access to alerts entered in SIS II by another Member State shall be exchanged via the national Sirene Bureaux using a K form for persons or an M form for objects.

The following procedure shall apply:

(a) the request for access shall be forwarded to the Sirene Bureau of the issuing Member State as soon as possible, so that it can take a position on the question;

(b) the Sirene Bureau of the issuing Member State shall inform the Sirene Bureau of the Member State that received the request of access of its position;

(c) the response by the Sirene Bureau of the issuing Member State shall take into account any deadlines for processing the request set by the Sirene Bureau of the Member State that received the request for access;

(d) the Sirene Bureau of the Member State receiving an enquiry from an individual for access, correction or deletion shall take all the necessary measures to ensure a timely response.

If the Sirene Bureau of the issuing Member State sends its position to the Sirene Bureau of the Member State that received the request for access, the Sirene Bureau, according to national law and within the limits of its competence, shall either adjudicate upon the request or shall ensure that the position is forwarded to the authority responsible for adjudication of the request as soon as possible.

 

2.8.3. Exchange of information on requests to rectify or delete data entered by other Member States

When a person requests to have his or her data rectified or deleted, this may only be done by the Member State that entered the alert. If the person addresses a Member State other than the one that entered the alert, the Sirene Bureau of the requested Member State shall inform the Sirene Bureau of the issuing Member State by means of a K form and the procedure described in 2.8.2 shall apply.

 

2.9. DELETING WHEN THE CONDITIONS FOR MAINTAINING THE ALERT CEASE TO BE MET

Alerts entered in SIS II shall be kept only for the time required to meet the purposes for which they were entered.

As soon as the conditions for maintaining the alert are no longer fulfilled, the issuing Member State shall delete the alert without delay. When the alert has an expiry date, the deletion will occur automatically in the CS-SIS. In case of a hit, the particular procedures described in Sections 3.11, 4.10, 5.7, 6.5, 7.7 and 8.4 apply.

The CS-SIS deletion message shall be processed automatically by the N.SIS II.

Member States have the possibility to subscribe to an automatic notification of the deletion of an alert.

 

2.10. ENTERING PROPER NAMES

Within the constraints imposed by national systems for entry of data and availability of data, proper names (forenames and surnames) shall be entered in SIS II in a format (script and spelling) in the format used on official travel documents in accordance with the ICAO standards for travel documents, which are also used in the transliteration and transcription functionalities of Central SIS II. In the exchange of supplementary information, Sirene Bureaux shall use the proper names as they are entered in SIS II. Both users and Sirene Bureaux within the issuing Member States shall use, as a general rule, Latin characters for entering data in SIS II, without prejudice to transliteration and transcription rules laid down in Appendix 1.

Where it is necessary to exchange supplementary information on a person who is not subject of an alert but may be related to it (e.g. a person who may be accompanying a missing minor) then the presentation and spelling of the name shall follow the rules set out in Appendix 1 and be provided in Latin characters and original format, if the Member State providing the information has the capacity to also input any special characters in the original format.

 

2.11. Different categories of identity

Confirmed identity

A confirmed identity means that the identity has been confirmed on the basis of genuine ID documents, by passport or by statement from competent authorities.

Not confirmed identity

A not confirmed identity means that there is not sufficient proof of the identity.

Misused identity

A misused identity (surname, forename, date of birth) occurs if a person, entered in SIS II, uses the identity of another real person. This can happen, for example, when a document is used to the detriment of the real owner.

Alias

Alias means an assumed identity used by a person known under other identities.

 

2.11.1. Misused identity (Article 36 of the SIS II Regulation and Article 51 of the SIS II Decision)

Due to the complexity of misused identity cases, on becoming aware that a person for whom an alert exists in SIS II is misusing someone else’s identity, the issuing Member State shall check whether it is necessary to maintain the misused identity in the SIS II alert.

Subject to the person’s explicit consent, and as soon as it has been established that a person’s identity has been misused, additional data shall be added to the alert in SIS II in order to avoid the negative consequences of misidentification. The person whose identity has been misused may, according to national procedures, provide the competent authority with the information specified in Article 36(3) of the SIS II Regulation and Article 51(3) of the SIS II Decision. Any person whose identity has been misused has the right to withdraw his/her consent for the information to be processed.

The issuing Member State is responsible for inserting the remark «misused identity» in the alert and for entering additional data of the victim of misused identity such as photos, fingerprints and information on any valid ID document(s).

When a Member State discovers that an alert on a person entered by another Member State relates to a case of misused identity, and it has been established that the person’s identity is misused it shall inform the Sirene Bureau of the issuing Member State using a Q form, in order that the misused identity extension can be used in the SIS II alert.

Taking into account the purpose for entering data of this nature, where the photographs and fingerprints of the person whose identity has been misused are available, they shall be added to the alert. For there to be a case of misused identity an innocent person’s details must match an existing identity in an alert. The Q form must contain the identity details, including alias number, from the alert so that the issuing Member State may ascertain to which identity in the alert the form refers. The mandatory fields for completion of a Q form in such cases are set out in Appendix 3.

The data of the person whose identity has been misused shall only be available for the purpose of establishing the identity of the person being checked and shall in no way be used for any other purpose. Information on misused identity, including any fingerprints and photographs, shall be deleted at the same time as the alert or earlier if the person concerned so requests.

 

2.11.2. Entering an alias

In order to avoid incompatible alerts of any category due to an alias to be entered, to avoid problems for innocent victims and to ensure sufficient data quality, Member States shall as far as possible inform each other about aliases and exchange all relevant information about the real identity of the sought subject.

The Member State that entered the alert shall be responsible for adding any aliases. If another Member State discovers an alias, it shall inform the issuing Member State using an M form.

 

2.11.3. Further information to establish a person’s identity

The Sirene Bureau of the issuing Member State may also, if the data in SIS II is insufficient, provide further information after consultation, on its own initiative or at the request of another Member State, to help clarify a person’s identity. An L Form (and attachments) shall be used for this purpose. This information shall, in particular, cover the following:

— the origin of the passport or identity document in the possession of the person sought,

— the passport or identity document’s reference number, date of issue, place and authority as well as the expiry date,

— description of the person sought,

— surname and forename of the mother and father of the person sought,

— other possible spellings of the surname and forenames of the person sought,

— photographs and fingerprints if available,

— last known address.

As far as possible, this information shall be available in the Sirene Bureaux, or immediately and permanently accessible to them for speedy transmission.

The common objective shall be to minimise the risk of wrongly stopping a person whose identity details are similar to those of the person on whom an alert has been issued.

 

2.12. EXCHANGE OF INFORMATION IN CASE OF INTERLINKED ALERTS

Each link allows for the establishment of a relationship between at least two alerts.

A Member State may create a link between alerts that it enters in SIS II and only this Member State may modify and delete the link. Links shall only be visible to users when they have correct user access rights which permit at least two alerts in the link to be visible to them. Member States shall ensure that only authorised access to links is possible.

 

2.12.1. Operational rules

Links between alerts do not require special procedures for the exchange of supplementary information. Nevertheless the following principles shall be observed:

In case there is a hit on each of two or more interlinked alerts, the Sirene Bureau of the executing Member State shall send a G form for each of them indicating in field 086 that other G forms on the linked alerts will be forwarded.

No forms shall be sent on alerts which, although linked to an alert on which there was a hit, were not respectively the object of the hit. However, if there is a linked alert for surrender/extradition or for a missing person (for their own protection or in order to prevent threats) the communication of this discovery shall be carried out using an M form if appropriate and the information is available.

 

2.13. FORMAT AND QUALITY OF BIOMETRIC DATA IN SIS II

In accordance with Article 23(2) of the SIS II Decision, photographs and fingerprints of the person shall be added to the alert when available.

Sirene Bureaux shall be able to exchange fingerprints and pictures for the purpose of completing the alert and/or to support the execution of the requested action to be taken. When a Member State has a picture or fingerprints of a person for whom an alert has been issued by another Member State, it may send the pictures and fingerprints as an attachment in order to allow the issuing Member State to complete the alert.

This exchange takes place without prejudice to exchanges in the framework of police cooperation in application of the Framework Decision 2006/960/JHA.

 

2.13.1. Further use of the data exchanged, including archiving

Limitations on the use of data provided for alerts in SIS II are set out in the SIS II legal instruments. Any further use of pictures and fingerprints exchanged, including archiving, shall comply with the relevant provisions of the SIS II legal instruments, applicable national provisions on data protection, in accordance with Directive 95/46/EC and Framework Decision 2008/977/JHA.

Any storage of fingerprints at the national level shall fully respect the data protection rules of SIS II. Member State shall keep fingerprint data downloaded from CS-SIS separately from national fingerprint databases and such data shall be deleted at the same time as corresponding alerts and supplementary information.

 

2.13.2. Exchanging fingerprints and photographs

The following procedure shall apply:

(a) the providing Sirene Bureau shall send an L form through the usual electronic path and shall mention in field 083 of an L form that the fingerprints and pictures are being sent to complete an alert in SIS II;

(b) the Sirene Bureau of the issuing Member State shall add the fingerprints or pictures to the alert in SIS II or shall send them to the competent authority to complete the alert.

 

2.13.3. Technical requirements

Fingerprints and pictures shall be collected and transmitted in accordance with the standards to be defined in the implementing rules for entering biometric data in SIS II.

Every Sirene Bureau shall fulfil those technical standards.

 

2.13.4. Format and quality of biometric data

All biometric data entered in the system shall be subject of a specific quality check to ensure a minimum quality standard common to all SIS II users.

Before entry, checks shall be carried out at the national level to ensure that:

(a) fingerprint data is compliant with the ANSI/NIST — ITL 1-2000 specified format, as implemented for the purposes of Interpol and adapted for SIS II;

(b) photographs, that shall only be used to confirm the identity of a person who has been located as a result of an alphanumeric search made in SIS II, are compliant with the following requirements: full frontal face pictures aspect rate shall be, as far as possible, 3:4 or 4:5. When available, a resolution of at least 480 x 600 pixels with 24 bits of colour depth shall be used. If the image has to be acquired through a scanner, the image size shall be, as far as possible, less than about 200 KB.

 

2.14. SPECIAL TYPES OF SEARCH

 

2.14.1. Geographically targeted search

A geographically targeted search is a search carried out in a situation where a Member State has firm evidence of the whereabouts of a person or object, subject of an alert, within a restricted geographical area.

Geographically targeted searches in the Schengen area shall take place on the basis of an alert in SIS II. In circumstances where the whereabouts of a person or object are known, field 311 (Important Notice) may be completed indicating a geographical search and selecting the appropriate countries. Additionally, if the whereabouts are known when issuing an alert for arrest, field 061 of an A Form shall include the information on whereabouts of the wanted person. In all other cases, including for communicating the whereabouts of objects, an M form (field 083) shall be used. An alert for the wanted person shall be entered in SIS II to ensure that a request for action to be taken is immediately enforceable (Article 9(3) of the Council Framework Decision 2002/584/JHA <*>).

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<*> Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002. p. 1).

 

When the subject of a geographical search is located at a place other than that indicated in the geographical search the Sirene Bureau of the issuing Member State shall indicate this fact, using an M form, to the Member State(s) involved in the geographical search in order for any related work to be stopped.

 

2.14.2. Search with participation of special police units for targeted search (FAST)

The services provided by special units that conduct targeted searches (Fugitive, Active Search Teams, FAST) should also be used in suitable cases by Sirene Bureaux in the requested Member States. The alert in SIS II should not be replaced by international cooperation of the abovementioned police units. Such cooperation should not overlap the Sirene Bureau’s role as a focal point for searches using SIS II.

Cooperation, as appropriate, should be established to ensure that the Sirene Bureau of the issuing Member State is informed by their national FAST about any ongoing operation relating to an alert entered in SIS II. Where appropriate this Sirene Bureau shall provide this information to other Sirene Bureaux. Any coordinated operation of Enfast (European Network of Fugitive Active Search Teams) which entails the cooperation of the Sirene Bureau shall be reported in advance to the Sirene Bureau.

The Sirene Bureaux shall ensure fast flow of supplementary information, including information on a hit, to the national FAST if the latter is involved in the search.

 

  1. ALERTS FOR ARREST FOR SURRENDER OR EXTRADITION PURPOSES (ARTICLE 26 OF THE SIS II DECISION)

 

3.1. ENTERING AN ALERT

Most of the alerts for arrest are accompanied by a European Arrest Warrant (EAW). However, under an alert for arrest, a provisional arrest is also possible prior to obtaining a request for extradition (ER) according to Article 16 of the European Convention on Extradition.

The EAW/ER shall be issued by a competent judicial authority carrying out this function in the issuing Member State.

When entering an alert for arrest for surrender purposes, a copy of the original EAW shall be entered in SIS II. A translation of the EAW in one or more of the official languages of the institutions of the Union may be entered.

In addition, photographs and fingerprints of the person shall be added to the alert when available.

The relevant information including EAW or ER, provided with regard to persons wanted for arrest for surrender or extradition purposes, shall be available to the Sirene Bureau when the alert is entered. A check shall be made to ensure that the information is complete and correctly presented.

Member States shall be able to enter more than one EAW per alert for arrest. It is the responsibility of the issuing Member State to delete an EAW that loses its validity and to check if there are any other EAWs attached to the alert and extend the alert if needed.

In addition to an EAW which a Member State has attached to an alert for arrest it shall also be possible to attach translations of the EAW, if necessary in separate binary files.

For scanned documents that are to be attached to alerts, as far as possible, a minimum resolution of 150 DPI shall be used.

 

3.2. MULTIPLE ALERTS

For general procedures see Section 2.2.

In addition, the following rules shall apply:

Several Member States may enter an alert for arrest on the same person. If two or more Member States have issued an alert for the same person, the decision on which warrant shall be executed in the event of an arrest shall be taken by the executing judicial authority in the Member State where the arrest occurs. The Sirene Bureau of the executing Member State shall send a G form to each Member State concerned.

 

3.3. MISUSED IDENTITY

See general procedure in Section 2.11.1.

 

3.4. ENTERING AN ALIAS

See general procedure in Section 2.11.2.

In the case of alerts for arrest, the Sirene Bureau shall use field 011 of an A form <*> (at the time of entry of the alert) or subsequently an M form, when informing the other Member States of aliases regarding an alert for arrest, if this information is available to the Sirene Bureau.

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<*> For the technical implementation see the Data Exchange between Sirenes document referred to in Section 1.10.2.

 

3.5. SUPPLEMENTARY INFORMATION TO BE SENT TO MEMBER STATES

When entering the alert, supplementary information regarding the alert shall be sent to all Member States.

The information referred to in Section 3.5.1 shall be sent to the other Sirene Bureaux by A form, at the same time as entering the alert. Any further information required for identification purposes shall be sent after consultation and/or at the request of another Member State.

In the case where several EAWs or ERs exist for the same person, separate A forms shall be completed for each of the EAWs or ERs.

There shall be sufficient detail contained in the EAW/ER and in the A form (in particular, EAW Section (e): «description of the circumstances in which the offence(s) was (were) committed, including the time and place», fields 042, 043, 044, 045: «description of the circumstances») for other Sirene Bureaux to verify the alert. Appendix 3 sets out the information required and its relation to the fields on the EAW.

When an EAW is replaced or revoked this shall be indicated in field 267 of an A form (Article 26 SIS II Decision) or in field 044 of an A form (Extradition Request/Migrated alerts) by using the following text: «This form replaces the form (reference number) referring to EAW (reference number) issued on (date)».

 

3.5.1. Supplementary information to be sent with regard to provisional arrest

3.5.1.1. When entering an alert based on both an EAW and an extradition request (ER)

When entering the alert for arrest for extradition purposes, supplementary information shall be sent to all Member States using an A form. If the data in the alert and the supplementary information sent to Member States with regard to an EAW is not sufficient for extradition purposes, additional information shall be provided.

In field 239 it shall be indicated that the form relates to both an EAW and an ER.

3.5.1.2. When issuing an alert based on ER only

When entering the alert for arrest for extradition purposes, supplementary information shall be sent to all Member States using an A form.

In field 239 it shall be indicated that the form relates to an ER.

 

3.6. ADDING A FLAG

For general rules see Section 2.6.

If at least one of the EAWs attached to the alert can be executed, the alert shall not be flagged.

If an EAW contains more than one offence and if surrender can be carried out in respect of at least one of those offences, the alert shall not be flagged.

As highlighted in Section 2.6, a flagged alert under Article 26 of the SIS II Decision shall, for the period of duration of the flag, be regarded as being entered for the purposes of communicating the whereabouts of the person for whom it was issued.

 

3.6.1. Systematic request for a flag to be added to alerts on persons wanted for arrest for extradition purposes where Framework Decision 2002/584/JHA does not apply

The following procedure shall apply:

(a) in the case of alerts on persons wanted for arrest for extradition purposes, where Framework Decision 2002/584/JHA does not apply, a Sirene Bureau may ask other Sirene Bureau(x) to add a flag systematically to alerts entered under Article 26 of the SIS II Decision on its nationals;

(b) any Sirene Bureau wishing to do so shall send a written request to other Sirene Bureau(x);

(c) any Sirene Bureaux to whom such a request is addressed shall add a flag for the Member State in question immediately after the alert is issued;

(d) the flag shall remain until the requesting Sirene Bureau asks for its deletion.

 

3.7. ACTION BY SIRENE BUREAUX UPON RECEIPT OF AN ALERT FOR ARREST

When a Sirene Bureau receives an A form, it shall, as soon as possible, search all available sources to try to locate the subject. If the information provided by the issuing Member State is not sufficient for acceptance by the receiving Member State, this shall not prevent the searches being carried out. The receiving Member States shall carry out searches to the extent permissible under national law.

If the alert for arrest is verified and the subject is located or arrested in a Member State, then the information contained in an A form may be forwarded by the receiving Sirene Bureau to the competent authority of the Member State which executes the EAW or the ER. If the original EAW or ER is requested, the issuing judicial authority may transmit it directly to the executing judicial authority (unless alternative arrangements have been made by the issuing and/or executing Member State).

 

3.8. THE EXCHANGE OF INFORMATION AFTER A HIT

See general procedure in Section 2.3.

In addition, the following procedure shall apply:

(a) a hit on an individual for whom an alert for arrest has been issued shall always be communicated immediately to the Sirene Bureau of the issuing Member State. Moreover, after sending a G form the Sirene Bureau of the executing Member State shall also communicate the hit to the Sirene Bureau of the issuing Member State where appropriate by telephone;

(b) if necessary the Sirene Bureau of the issuing Member State shall then send any relevant, specific information on the particular measures that shall be taken by the Sirene Bureau of the executing Member State;

(c) the authority competent for receiving the EAW or ER, its full communication contacts (postal address, phone and, if available, fax and e-mail), reference number (if available), competent person (if available), requested language, time limit for and form of delivery shall be provided in field 091 of a G form;

(d) in addition, the Sirene Bureau of the issuing Member State shall inform other Sirene Bureaux of the hit, using an M form, where a clear link has been established with particular Member States from the facts of the case and further enquiries initiated;

(e) the Sirene Bureaux may transmit further information on alerts under Article 26 of the SIS II Decision, and in so doing may act on behalf of judicial authorities if this information falls within the scope of mutual judicial assistance.

 

3.9. SUPPLEMENTARY INFORMATION EXCHANGE ABOUT SURRENDER OR EXTRADITION

When the competent judicial authorities provide information to the Sirene Bureau of the executing Member State on whether the surrender or extradition may take place of a person for whom an alert for arrest has been issued, that Sirene Bureau shall immediately provide that information to the Sirene Bureau of the issuing Member State by means of an M form, marked in field 083 with the words «SURRENDER» or «EXTRADITION» <*>. The detailed arrangements of the surrender or extradition shall, where appropriate, be communicated via the Sirene Bureaux as soon as possible.

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<*> See also Section 1.13.1 on indication of urgency in Sirene forms.

 

3.10. SUPPLEMENTARY INFORMATION EXCHANGE ABOUT TRANSIT THROUGH ANOTHER MEMBER STATE

If the transit of a person is necessary, the Sirene Bureau of the Member State through which the person is to be taken shall provide the necessary information and support, in response to a request by the Sirene Bureau of the issuing Member State or the competent judicial authority, sent by the Sirene Bureau, by means of an M form marked with the word «TRANSIT» written at the start of field 083.

 

3.11. DELETION OF ALERTS UPON SURRENDER OR EXTRADITION

Deletion of alerts for arrest for surrender or extradition purposes shall take place once the person has been surrendered or extradited to the competent authorities of the issuing Member State but may also occur when the judicial decision on which the alert was based has been revoked by the competent judicial authority according to national law.

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