Sirene Manual
Date: 2003-02-17
Institutions: Council of the European Union
Subjects: Schengen Information System, cooperation agreement, exchange of information, free movement of goods

17.2.2003

EN

Official Journal of the European Union

C 38/1

I

(Information)

COUNCIL

SIRENE MANUAL (1)

(2003/C 38/01)

CONTENTS

TITLE I — GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1.

2.

The legal foundations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

How the Sirene Bureaux are organised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.

The technical resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.1.

The provisions for supplying information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.2.

The means of communication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.1.3. Archiving the information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.2.

The service constraints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.2.1.

The deadlines for processing files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.2.2. Availability of the Sirene Bureaux . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE II — ACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.

Areas of intervention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.1.

The main areas of intervention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.1.1.

The exchange of information prior to an alert

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.1.2.

The exchange of information whilst entering an alert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.1.3.

The exchange of information for multiple alerts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.1.4.

The exchange of information when adding a flag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.1.5.

The exchange of information after a hit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.1.6.

The exchange of information for aliens not to be admitted . . . . . . . . . . . . . . . . . . . . . . . . . . .

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(1) Council Decision 2003/19/EC of 14 October 2002 on declassifying certain parts of the Sirene Manual adopted
by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June
1985 (OJ L 8, 14.1.2003, p. 34).

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3.1.7.

The exchange of information when the procedures following a hit cannot be followed . .

3.1.8.

The exchange of information if the original objective is changed . . . . . . . . . . . . . . . . . . . . . .

3.1.9.

The exchange of information if data or found to be legally or factually flawed . . . . . . . . . .

3.1.10. The exchange of information on the right to access and rectify data . . . . . . . . . . . . . . . . . . .

3.2.

Areas for supplementary intervention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.2.1.

The exchange of information on police cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.2.2.

Specific powers in policing and security matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.2.3. Overlapping roles of Sirene and Interpol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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4.

The procedures to be followed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

4.1.

The exchange of information prior to an alert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.1.1. Checking whether the national law of the Contracting Parties authorises provisional arrest
with a view to extradition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.1.2. Consulting the Contracting Parties for alerts on grounds of State security . . . . . . . . . . . . . .

4.2.

Exchange of information whilst entering an alert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.2.1.

Sending a dossier for provisional arrest with a view to extradition . . . . . . . . . . . . . . . . . . . . .

4.3.

The exchange of information for multiple alerts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.3.1. Checking for multiple alerts on an individual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.3.2. Checking for multiple alerts on a vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.3.3. Negotiating entering a new alert if it is incompatible with a previous alert . . . . . . . . . . . . . .

4.4.

The exchange of information when adding a flag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.4.1. Consulting the Contracting Parties with a view to adding a flag . . . . . . . . . . . . . . . . . . . . . . .

4.4.2. A request for a flag to be added . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.4.3.

Systematic request for a flag to be added for a State’s nationals . . . . . . . . . . . . . . . . . . . . . . .

4.5.

The exchange of information after a hit

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.5.1. Communicating the Schengen partners if an alert is discovered . . . . . . . . . . . . . . . . . . . . . . .

4.5.2. Communicating further information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.6.

The exchange of information on aliens not to be granted admission . . . . . . . . . . . . . . . . . . . . . . . . . .

4.6.1.

Issuing residence permits or visas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.6.2. Refusing admission or expulsion from Schengen territory . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.7.

The exchange of information when the procedures following a hit cannot be executed . . . . . . . . . .

4.7.1.

Informing the alerting Contracting Party that the procedures cannot be followed . . . . . . .

4.8.

The exchange of information if the objective of the alert is changed . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.8.1.

Informing the alerting Contracting Party that the objective has been changed . . . . . . . . . . .

4.8.2.

Procedures for changing the original objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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4.9.

The exchange of information in the case of inaccurate or inadmissible data . . . . . . . . . . . . . . . . . . . .

4.9.1.

Informing the alerting Contracting Party that data is inaccurate of inadmissible . . . . . . . . .

4.9.2. Rectification procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.10.

The exchange of information regarding the right to access or rectify data . . . . . . . . . . . . . . . . . . . . . .

4.10.1.

Informing the national authorities of a request to access or rectify data . . . . . . . . . . . . . . . .

4.10.2.

Information on requests for access for alerts issued by other Contracting Parties . . . . . . . .

4.10.3.

Information on access and rectification procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.

The tasks to be performed per alert category . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.1.

Creating an alert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.1.1.

The tasks common to all categories

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.1.2. Measures to be taken for each individual category of alert . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.1.2.1.

Alerts pursuant to Article 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.1.2.2.

Alerts pursuant to Article 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.1.2.3.

Alerts pursuant to Article 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.1.2.4.

Alerts pursuant to Article 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.1.2.5.

Alerts pursuant to Article 99(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.1.2.6.

Alerts pursuant to Article 99(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.1.2.7.

Alerts pursuant to Article 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.2.

Amending an alert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.2.1.

Entering an alias . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.2.2. Changing the grounds or procedures for an alert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.3.

Deleting an alert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.3.1. Deleting after a hit

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.3.2. Deleting when the conditions for maintaining the alert cease to be met . . . . . . . . . . . . . . . .

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SIRENE

SUPPLEMENTARY INFORMATION REQUEST AT THE NATIONAL ENTRIES

TITLE I

GENERAL

Introduction

On 14 June 1985, five countries (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 Luxem-
bourg, 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 conditions for applying this agreement was
One of
that abolishing internal borders should not jeopardise State
security. This means that all of the territories of the Contracting
Parties have to be protected.

Several specialised groups were empowered to study practical
measures so as to avoid security shortcomings once the
agreement was brought into force.

The practical outcome of this work can be found in two
documents, one technical (the feasibility study), and the other
legal (the Convention).

The feasibility study, put to the Ministers and Secretaries of
State of the five signatory countries of the Agreement in
November 1988, lays down the broad technical principles for
setting up the Schengen Information System.

The study not only sets out the structure of the information
system, but also gives the essential specifications on the way it
is to be organised to ensure it functions properly. This structure
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.

This is in fact a summary description of a procedure for
transmitting the supplementary information required by an
end-user for further action when the SIS has been consulted
and a hit established.

five

founder

the Convention
The
implementing the Schengen Agreement on 19 June 1990, and
were later joined by Italy on 27 November 1990, Spain and

countries

signed

Portugal on 25 June 1991, Greece on 6 November 1992,
Austria on 28 April 1995 and by Denmark, Sweden and
Finland on 19 December 1996. The Convention lays down all
of the legal rules binding on all of the Contracting Parties.
Norway and Iceland also concluded a Cooperation Agreement
with the Contracting Parties on 19 December 1996.

The common procedures and rules for cooperation between
the partners are also detailed. Title IV focuses exclusively on
the Schengen Information System.

The Schengen Information System (SIS) should provide the
authorities responsible for:

(a)

border controls;

(b)

(c)

carrying out and coordinating the other police and
customs checks within the country;

issuing visas, residence permits and for administrative
matters relating to aliens;

access to alerts on persons, vehicles and objects, by means of
an automated consultation procedure.

The SIS is made up of two separate components: one is the
central system, and the other is the national systems (one for
each country). The SIS operates on the principle that the
national systems cannot exchange computerised data directly
between themselves, but instead only via the central system
(C.SIS).

However, it should nevertheless be possible for the Contracting
Parties to exchange the supplementary information required
for implementing certain provisions foreseen under the Con-
vention, and for the SIS to function properly, either on a
bilateral or multilateral basis.

the operating constraints set out

If each National Schengen Information System (N-SIS) is to
meet
in the feasibility
therefore have this
study and the Convention, they must
supplementary information which is indispensable for using
the Sirene computer system.

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This is the technical operational service that will be used for
transmitting all supplementary information requests at the
national entries.

The following principle has been adopted:

A ‘national Sirene Bureau’ shall be set up by each of the
Contracting Parties to serve as a single contact point for the
other partners, available around the clock.

The legal foundations, the cases when action ought to be
taken, the procedures to be followed and the general principles
for organising the Sirene Bureaux are defined by all of the
Contracting Parties so as to have common rules.

The arrangements agreed at international level to this end are
recorded in this ‘Sirene Manual’.

Should the Contracting Parties deem necessary, they may
decide to amend or update the manual.

issued for the purposes of refusing entry it shall first
consult the Contracting Party issuing the alert and shall
take account of its interests: the residence permit shall
be issued only for serious reasons, in particular of a
humanitarian nature or reasons arising from international
obligations.

If a residence permit is issued, the Contracting Party
issuing the alert shall withdraw the alert but may put the
alien concerned on its national list of alerts.

2. Where it emerges that an alien who holds a valid
residence permit, issued by one of the Contracting Parties,
has been issued an alert for the purposes of refusing
entry, the Contracting Party issuing the alert shall consult
the Party which issued the residence permit in order
to determine whether there are sufficient grounds for
withdrawing the said residence permit. If the residence
permit is not withdrawn the Contracting Party issuing the
alert shall withdraw the alert but may put the alien in
question on its national list of alerts.’

1. The legal foundations

Article 108(1) to (4), constitutes the legal basis for the very
existence of the Sirene Bureaux and for any action taken by
them.

— Article 39:

The Sirene Bureaux should therefore exchange information at
least regarding the SIS. Depending on decisions taken at
national level, inter alia based on Articles 39 and 46 of the
the Sirene Bureaux may also exchange any
Convention,
other information with the competent bodies that the other
Contracting Parties have appointed for this type of infor-
mation.

This exchange of information is governed by the provisions of
Title VI of the Convention (Articles 126 to 130).

The Bureaux shall not transmit information on applications
for asylum, for instance.

This general
the Sirene
framework for the objectives of
Bureaux tasks should be completed by listing the articles of
the Convention which in any way have an impact on their
activities.

— Article 5:

For visits not exceeding three months, aliens fulfil-
‘1.
ling the following conditions may be granted entry into
the territories of the Contracting Parties:

(d)

the aliens shall not be persons for whom an alert
has been issued for the purposes of refusing entry.’

— Article 25:

‘1. Where a Contracting Party considers issuing a
residence permit to an alien for whom an alert has been

insofar as national

The Contracting Parties undertake to ensure that
‘1.
their police authorities,
in compliance with national
legislation and within the scope of their powers, assist
each other for the purposes of preventing and detecting
law does not
criminal offences,
stipulate that
the request has to be made via the
judicial authorities and provided that the request or the
implementation thereof does not involve the application
of measures of constraint by the requested Contracting
Party. Where the requested police authorities do not have
the power to deal with a request, they shall forward it to
the competent authorities.’

— Article 46:

In certain cases, each Contracting Party may, in
‘1.
compliance with its national
legislation and without
being asked, send the Contracting Party concerned any
information which may be of interest to it in helping
prevent future crime and offences against or threats to
public policy and security.

Information shall be exchanged, without prejudice
2.
to the arrangements for cooperation in border areas
referred to in Article 39(4), via a central body to be
designated. In particularly urgent cases, the exchange of
information within the meaning of this Article may take
place directly between the police authorities concerned,
unless national provisions stipulate otherwise. The central
body shall be informed of this as soon as possible.’

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— Article 94:

— Article 96:

‘1.
The Contracting Party entering an alert shall deter-
mine whether the case is important enough to warrant
the inclusion of the alert in the Schengen Information
System.

Data on aliens for whom an alert has been issued
‘1.
for the purposes of refusing entry shall be entered on the
basis of a national alert resulting from decisions made in
accordance with the rules of procedure laid down by
the administrative authorities or
national
courts responsible.’

legislation,

law,

4. Where a Contracting Party considers that an alert,
in accordance with Articles 95, 97 or 99 is incompatible
with its national
its international obligations or
essential national interests, it may subsequently add to
the alert contained in the data file of the national section
of the Schengen Information System a note to the effect
that the action referred to in connection with the alert
will not be taken in its territory. Consultation must be
held in this connection with the other Contracting Parties
(...).’

— Article 95:

‘2.
Prior to issuing an alert, the Contracting Party shall
check whether the arrest is authorised under the national
If the Con-
law of the requested Contracting Parties.
tracting Party issuing the alert has any doubts, it must
consult the other Contracting Parties concerned.

The Contracting Party issuing the alert shall send, by the
quickest means possible, to the requested Contracting
Parties both the alert and essential information (...) on the
case.

A requested Contracting Party may add to the alert
3.
in the file of the national section of
the Schengen
Information System a note prohibiting arrest in connec-
tion with the alert (...). The note shall be deleted no later
than 24 hours after the alert has been entered, unless the
Contracting Party refuses to make the requested arrest on
legal grounds or for special reasons of expediency. (...)
the above time limit may be extended to one week. (...)

4.
If, for particularly urgent reasons, a Contracting
Party requests an immediate search, the requested Con-
tracting Party shall examine whether it is able to withdraw
its note. The requested Contracting Party shall take the
necessary steps to ensure that the action to be taken can
be carried out immediately, once the alert is validated.’

— Article 97:

‘Information on missing persons or persons who, in the
interest of protection or in order to prevent threats, need
to be temporarily placed under police protection at the
request of the competent authority or the competent
judicial authority of the Party issuing the alert, shall be
included so that the police authorities may communicate
their whereabouts to the Party issuing the alert or may
move the persons to a safe place in order to prevent them
from continuing their journey,
if so authorised by
national
legislation. This shall apply in particular to
minors and persons who must be interned following a
decision by a competent authority. Communication of
the information shall be subject to the consent of the
missing person, if this person is of age.’

— Article 98:

‘1.
Information on witnesses, persons summoned to
appear before the judicial authorities in connection with
criminal proceedings in order to account for offences for
which they are being prosecuted, or persons who are to
be notified of a criminal judgment or of a summons to
appear in order to serve a custodial sentence, shall
be included, at the request of the competent judicial
authorities, for the purposes of communicating their
place of residence or domicile.

Information requested shall be communicated to
2.
the requesting Party in accordance with national legis-
lation and the conventions on mutual assistance in
criminal matters in force.’

— Article 99:

(...) an alert may be issued (...) at the request of
‘3.
the authorities responsible for State security.
(...) The
Contracting Party issuing the alert shall be required to
consult the other Contracting Parties beforehand.

A requested Contracting Party may add to the alert
6.
in the file of the national section of
the Schengen
Information System a note prohibiting (...) performance
of the action to be taken (...) The note must be deleted no
later than 24 hours after the alert has been entered unless
the Contracting Party refuses to take the action requested
on legal grounds or for special reasons of expediency (...).’

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— Article 100:

If a search brings to light the existence of an alert
‘2.
on an item which has been found, the authority which
matched the two shall contact the authority which issued
the alert in order to agree on the requisite measures to be
taken (...)’.

— Article 101:

‘1.
Access to data contained in the Schengen Infor-
mation System and the right to search such data directly
shall be reserved exclusively to the authorities responsible
for:

alert, responsibility for the action to be taken shall be
governed by the national law of the requested Contracting
Party. If the requested action cannot be carried out, the
requested Contracting Party shall immediately inform the
Contracting Party issuing the alert.’

— Article 105:

‘The Contracting Party issuing the alert shall be respon-
sible for ensuring that the data entered into the Schengen
Information System is accurate, up-to-date and lawful.’

(a)

border checks;

— Article 106:

(b) other police and customs checks carried out within

the country, and the coordination of such checks.

2.
In addition, access to data entered in accordance
with Article 96 and the right to search such data directly
may be exercised by the authorities responsible for issuing
visas, the central authorities responsible for examining
visa applications and the authorities responsible for
issuing residence permits and the administration of aliens
within the framework of the application of the provisions
of this Convention on the movement of persons. Access
to data shall be governed by the national law of each
Contracting Party.

If one of the Contracting Parties which has not
‘2.
issued the alert has good reason to believe that a piece of
information is legally or factually incorrect, it shall advise
the Contracting Party issuing the alert thereof as soon as
possible: the latter shall be obliged to check the infor-
mation and, if necessary, correct or delete the item in
question without delay.

3.
If the Contracting Parties are unable to reach
agreement, the Contracting Party which did not issue the
alert shall submit
the case to the joint supervisory
authority (...) for its opinion.’

Users may only search data which they require in

3.
order to fulfil their tasks.

— Article 107:

Each of

the Contracting Parties shall send the
4.
Executive Committee a list of the competent authorities
which are authorised to directly search the data contained
in the Schengen Information System. This list shall
provide each authority with information on which data it
may search and for what purposes.’

‘Where a person has already been the subject of an alert
in the Schengen Information System, a Contracting Party
which enters a further alert shall reach agreement on the
entry of the alert with the Contracting Party which
entered the first alert. The Contracting Party may also lay
down general provisions to this end.’

— Article 102:

‘3.
As regards the alerts laid down in Articles 95 to
100 of this Convention, any derogation (...) to change
from one type of alert to another must be justified (...).
Prior authorisation from the Contracting Party issuing
the alert must be obtained for this purpose.’

— Article 104:

‘3.
Insofar as this Convention does not lay down
specific provisions on the enforcement of the action
requested in the alert, the national
legislation of the
requested Contracting Party carrying out the action shall
apply.
Insofar as this Convention lays down specific
provisions on carrying out the action requested in the

— Article 108:

‘1.
Each of the Contracting Parties shall designate an
authority which shall have central responsibility for the
national section of the Schengen Information System.

Each of the Contracting Parties shall enter its alerts

2.
via that authority.

3.
The said authority shall be responsible for the
correct operation of the national section of the Schengen
Information System and shall take the requisite measures
to ensure compliance with the provisions of this Conven-
tion.

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4.
The Contracting Parties shall inform one another,
via the depositary, of the authority referred to in para-
graph 1.’

The Sirene Bureaux are merely operators acting on behalf of
their country in the course of international contact, as a
in accordance with the rules
legal and/or functional entity,
established by each State.

— Article 109:

‘1.
The right of persons to have access to data
contained in the Schengen Information System which
relates to them shall be exercised in accordance with the
law of the Contracting Party before which they invoke
that right. If national legislation so provides, the national
supervisory authority provided for in Article 114(1) shall
decide whether information shall be communicated and
by what procedures. A Contracting Party which has
issued the alert may communicate information
not
concerning such data only if it has previously given the
Contracting Party issuing the alert an opportunity to state
its position.

2.
Communication of information to the person con-
cerned shall be refused if there is a danger of it undermin-
ing the fulfilment of the legal task specified in the alert,
or in order to protect the rights and freedoms of others.
In any event, it shall be refused throughout the period of
validity of the alert so that discreet surveillance may be
carried out.’

— Article 110:

Each Contracting Party decides how its Sirene is to be organised
and what the national procedures are to be, whilst respecting
the rules set out in this manual.

However, these national structures should be well-known to
all of the Contracting Parties, and must comprise certain
technical resources and service constraints common to all of
the Contracting Parties.

The officers in charge of the Sirene Bureaux shall meet at least
twice a year to assess how their services are cooperating, to
take the technical measures required in the event of any
disfunctioning and adjust procedures.

2.1. The technical resources

For the main, the technical resources are the modes of
communicating information between the Sirene Bureaux. It
should be borne in mind that messages may be transmitted
orally, in writing and by image.

Each Sirene Bureau shall use the national part of the communi-
cation system defined by all of the Contracting Parties.

‘Anyone who finds that data relating to their person is
factually or legally inaccurate may have this information
corrected or deleted.’

Common provisions, as given in Annex 1 to this manual, shall
summarise the cases when a communication shall be in writing
and the cases when it need only be verbal.

Analysing these articles of the Implementing Convention has
made it possible to determine the main cases where Sirene
intervention is called for. These principal cases have been
completed according to the technical
imperatives of the
information systems and the degree of operational efficiency
as defined jointly.

2. How the Sirene Bureaux are organised

The national Sirene Bureaux are the only contact points
between the Contracting Parties in matters relating to the
Schengen Information System.

In most cases,
though, they are only intermediaries that
forward the information to the competent national authorities.
As such they merely carry out technical and formal controls.
For other cases, the jurisdiction of the Sirene Bureaux must be
defined at national level.

The officers responsible for the national files and users’ services
must vouch that
the alerts entered in the SIS and the
information transmitted by Sirene are accurate, up-to-date and
legal. This constraint is the outcome of the combined impact
of Articles 105 and 108 of the Convention.

2.1.1. The provisions for supplying information

The following measures have been adopted:

(a)

(b)

the most appropriate means of communication must be
determined on a case-by-case basis, according to technical
possibilities and the requirements that the communi-
cation has to meet. Should circumstances dictate, the
communications shall not be sent in unscrambled form;

the messages will be conveyed mainly by telephone. So
as to keep written messages to a minimum, telephone
conversations will not automatically be confirmed in
writing. The criteria for transmitting messages are detailed
in annex 1;

(c) written messages shall be divided into two categories: free
the
texts and standard forms that have to respect
instructions under Annex 5.
the Sirene
operators shall follow the transliteration rules set out for
the SIS (see Annex 2). Preference should be given to using
a language common to the Sirene operators who are in
direct contact with one another when processing a case,
so as to make it easier and quicker to use the information;

If need be,

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(d) The heads of the Sirene must have an e-mail address
independent of
the operating system. These specific
addresses in the communication system shall enable
direct mail exchange between the various Sirene heads.

data as applicable in the receiving country. The provisions
of Title VI of the Convention shall also apply. As far as is
possible, these additional pieces of information should
not be kept by the Sirene’s once the corresponding alert
has been erased.

2.1.2. The means of communication

The following measures have been adopted:

2.2.

Service constraints

(a)

the texts and images should preferably be sent via the
specific mail channels defined by all of the Contracting
Parties, rather than via telex, teletext, fax.

Schengen Information System users may at any moment
require further information so as to be able to implement a
course of conduct. Operating constraints common to all Sirene
Bureaux are therefore required.

2.1.3. Archiving the information

The following measures have been adopted:

(a)

each Contracting Party shall determine the provisions for
storing information.

The Sirene Bureau of the Contracting Party issuing the
alert is obliged to keep all of the information on its own
alerts available to the other Contracting Parties.

The archives of each Sirene Bureau should be organised
in such a way as to enable swift access to the relevant
information in order to be able to meet very short
deadlines for transmitting information;

(b)

the files and other messages sent by the other Contracting
Parties shall be stored according to procedures provided
for under national law on data protection and on personal

2.2.1. Deadlines for processing files

The following measures have been adopted:

(a)

the Sirene must answer requests for information made by
the other contracting parties as soon as possible. The
response must be given within 12 hours.

2.2.2. Availability of the Sirene Bureaux

The following measures have been adopted:

(a)

(b)

the Sirene Bureaux must operate 24 hours a day, every
day of the year;

the international means of communication must be kept
open permanently.

TITLE II

ACTION

3. Areas of intervention

3.1. The main areas of intervention

Sirene action is to enable:

— the transmission of information on alerts in the Schengen

Information System,

— adherence to the relevant provisions in the Convention,

— liaison between the national services and the international
bodies responsible for public security assignments within
the scope granted to them by each of the States.

These three general criteria for action have been summarised
in the list of cases requiring intervention given below.

3.1.1. The exchange of information prior to an alert (the

second sentence of Article 95(2) and Article 99(3))

Two categories of alert come under this procedure: those
(2nd sentence) on provisional arrest
under Article 95(2)
pending extradition and those under Article 99(3) on discreet
surveillance or specific checks for State security purposes.

So as to guarantee that the procedure foreseen under Article
99(3) is followed, each Contracting Party shall take adequate
technical or organisational measures to prevent an alert in this
category from being entered into the Schengen Information
System without the Sirene Bureau of that Contracting Party
having been informed.

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3.1.2.

Information exchanged whilst entering an alert (Article
95(2))

This information is stipulated under the second part of the
procedure foreseen by Article 95(2). A file should be sent
containing information to supplement that already in the SIS.
It should be forwarded to the other Contracting Parties and
the information should be sent on a standard form.

See comments at point 4.1.1.

3.1.3. The exchange of information for multiple alerts (Article

107)

The existence of several alerts that have been issued by different
countries for one and the same individual may cause confusion.

It is essential that the local police, who are the end-users of the
Schengen Information System, are not faced with several types
of procedure to follow that are contradictory. It is important
that the police at local level know exactly what measures need
to be taken.

A procedure should be established for detecting multiple alerts
and there should be rules on setting priorities for entering
them into the SIS.

This calls for:

— checks before entering an alert, to determine whether the

individual is already in the SIS,

— consultation with the other Contracting Parties, if need
be, if there are multiple alerts that are incompatible.

3.1.4. The exchange of

information when adding a flag

(Articles 94, 95, and 99)

Articles 94(4), 95(3) and 99(6) enable a requested Contracting
Party to refuse to execute the prescribed procedure on its
territory, and do so either temporarily or definitively. This
option may be taken for alerts issued by virtue of Articles 95,
97 or 99.

Should this possibility be taken up, the alerts should be studied
thoroughly immediately and a swift response should be given
on the steps to be taken.

The end-user might require supplementary information so as
to be able to implement the procedures foreseen in the SIS
tables 4, 10 or 16 under the best possible conditions (see
Annex 4).

Unless stated otherwise, the issuing Contracting Party must be
informed of the outcome of this hit.

This is primarily an operational matter, although it also has
technical implications, as the alert then has to be processed. It
might need to be erased, meaning another alert previously
omitted from the system can be entered.

These alert ‘management’ activities are absolutely essential for
the smooth functioning of the SIS.

3.1.6. The exchange of information for aliens not to be granted

entry (Articles 5, 25 and 96)

The information on aliens on whom an alert has been issued,
with a view to refusing entry in accordance with Article 96,
covers two types of action:

— firstly to refuse these aliens access to Schengen territory,
and to this end to take the necessary steps to ensure that
the consular services of the Contracting Parties do not
if one is required, and that the
issue them a visa,
external border control services refuse them entry into
the territories of the Parties,

— secondly, if these aliens are already on Contracting Party
territory, action is to be taken to prevent the services
responsible from issuing them residence permits and to
initiate proceedings for their expulsion.

To this end and to gain a better understanding of the origins
and validity of the non-admission measure on the basis of
which an alert was entered pursuant
the
Contracting Party in whose territory the third country national
subject to the alert is intercepted asks the Contracting Party
issuing the alert for the following information under head-
ing 089 of form G:

to Article 96,

1.

Type of decision

2. Authority issuing the decision

3. Date of decision

4. Date of service

3.1.5. The exchange of information after a hit (Articles 95, 96,

97, 98, 99 and 100)

5. Date of enforcement

When an end-user consults the SIS on an alert and confirms
that it matches the person, vehicle or object concerned, this
positive response is termed as a hit.

6. Date of expiry of decision or length of validity.

See also point 4(6)2.

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The notification foreseen under Article 5(2) and the consul-
tation foreseen under Article 25 fall within the jurisdiction of
the authorities responsible for issuing residence permits or
visas.

This procedure may only be used on grounds of the need to
prevent an imminent serious threat to public order and safety,
for serious reasons of State security or for the purposes of
preventing a serious criminal offence.

The Sirene Bureaux should not be involved in the procedures
foreseen under these two articles except for transmitting
supplementary information directly relating to the alerts
(notification of a hit, clarification on identity, for instance) or
in erasing alerts.

In addition, the Sirene Bureaux may be involved in transmitting
supplementary information necessary for expulsion or for
refusing an alien entry, or in transmitting information gener-
ated by these operations.

The Sirene Bureaux are used as central authorities for transmit-
ting and receiving additional information during the consul-
tation procedure provided for in Article 25(1) and (2).

For this purpose, the Sirene Bureaux exchange N and O forms
(Article 25(1) and Article 25(2)) at the request of the authorities
responsible for issuing residence permits or visas with a view
to retaining or deleting the alert.

If the State which granted the residence permit discovers that
the holder of the said permit is the subject of an alert issued
by another State pursuant to Article 96 of the Schengen
Convention, it shall inform the latter’s Sirene Bureau (by fax,
M form, etc.). The Sirene Bureau of the State which issued the
alert shall then instigate the consultation procedure pursuant
to Article 25(2) of the Convention using the form provided
for this purpose.

If a third State (i.e. a State which neither granted the residence
permit nor issued the alert for the holder of the permit)
discovers that there are grounds for consultation, it shall notify
both the State which issued the alert and the State which
granted the residence permit.

3.1.7. The exchange of information when the procedures
following a hit on an alert cannot be followed (Article
104(3))

Article 104(3) foresees procedure if a Contracting Party is
unable, either by law or de facto, to follow procedure required
by an alert.

The objective of the alert may only be altered subject to
prior authorisation having been obtained from the issuing
Contracting Party.

3.1.9. The exchange of information if data are found to be

legally or factually flawed (Article 106)

The principle of data ownership laid down in Article 106
should not prevent a legal or factual error from being rectified.
Paragraphs 2 and 3 of this Article covers this eventuality.

3.1.10. The exchange of information on the right to access and

rectify data (Articles 109 and 110)

Any individual is entitled to have access to data on him/herself
and, if need be, request that errors (whether de facto or legal)
be corrected.

This possibility may be taken up in compliance with national
legislation applicable in the country in which it is brought to
bear.

A contracting Party may not authorise access to an alert issued
by another Contracting Party unless the former has given the
latter the opportunity to express its position.

3.2. Areas for supplementary intervention

3.2.1. The exchange of information on police cooperation

(Articles 39 and 46)

Cooperation between the Contracting Parties and policing
methods shall not be limited to using the information in the
Schengen Information System alone.

Matching an alert may lead to the discovery of an offence or
of a serious threat to public policy or to public security and
there may also be a need to identify a person or object
accurately.

The exchange of
for instance, by means of
photographs or finger prints may turn out to be indispensable.
Articles 39 and 46 authorise these procedures for action.

information,

This information shall be exchanged in such a way that
complies with the provisions of Title VI of the Convention.

3.1.8. The exchange of information if the original objective is

changed (Article 102(3))

The following are recommended:

Article 102(3) allows for the purpose of the initial alert not to
be respected after a hit in terms of how the data are to be used.

(a)

the Sirene Bureaux of
the Contracting Parties can
respecting
exchange any useful
national measures taken to implement Articles 39 and
46;

information whilst

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(b)

the Sirene Bureaux shall keep the other bureaux informed
of measures taken at national level by each Contracting
Party, as well as of any amendments made thereafter.

3.2.2. The specific powers in policing and security matters

(Title III)

Title III of the Convention implementing the Schengen Agree-
ment contains a number of innovative provisions in police
and judicial cooperation. The Sirene Bureaux offer a way of
organising matters in an operational fashion that may prove
to be extremely useful in some cases, as for some Contracting
Parties this curbs the proliferation of structures.

The following are recommended:

(a)

(b)

each Contracting Party may give its Sirene Bureau specific
policing and security powers, in line with Title III of the
Convention;

the Contracting Parties shall inform one another of the
measures taken at national level for their respective Sirene
Bureaux, as well as of any amendments that are made
thereafter.

3.2.3. Overlapping roles of Sirene and Interpol

The role of the Schengen Information System is neither to
replace nor to copy Interpol. Although there is a certain degree
of overlap between tasks, the principles for action and for
cooperation between the Contracting Parties differ substan-
tially from those governing the International Criminal Police
Organisation.

Consequently, it is necessary to establish the rules for cooper-
ation between the Sirene Bureaux and the NCBs (National
Central Bureaux).

The following procedures have been agreed:

(a)

Priority of SIS alerts over Interpol alerts

SIS alerts and the exchange of information on these alerts
should always have priority over alerts and information
exchanged via Interpol. This priority should apply, in
particular, if a SIS alert conflicts with an Interpol alert.

information is available for a SIS alert). Parallel alerts in
the SIS and via Interpol within the Schengen area are
inadmissible. Alerts which are distributed via Interpol
channels and which also cover the Schengen area or parts
(Interpol diffusion zone 2) should bear the
thereof
following indication:
‘Zone 2 except for the Schengen
States’.

(c)

Sending information to Third States

The Sirene Bureau of the Contracting Party which issued
the alert always decides whether or not to pass infor-
mation on to third States (authorisation, diffusion means
and channel).

In so doing the Sirene Bureau observes the personal
data-protection provisions laid down in the Schengen
Convention. Use of the Interpol channel will depend on
national provisions or procedures.

(d) Targeted search/restricted alerts

A targeted search is a search carried out in a restricted
geographical area where there is concrete evidence of the
whereabouts of the wanted person or object.

This evidence gives grounds to assume that the request
from the judicial authority may be executed immediately
on receipt.

Targeted searches in the Schengen area must take place
using the A or M form.

An alert for the person or object should be entered in the
SIS at the same time as the A or M form is sent, if this
has not been done already, so as to make a request for
provisional arrest immediately enforceable (Article 64 of
the Schengen Convention).

The alert not only complies with the provisions of
Article 93 of the Convention but also increases the
chances of success should the person or object move
unexpectedly from one place to another within the
Schengen area.

If a successful result can be achieved by means of a
targeted and geographically restricted search, bilateral
search requests for provisional arrest in line with the
procedure laid down in extradition law may be made
without entering an alert in the SIS.

(b) Choice of communication channel

(e) Hit and deletion of an Alert

Within the territory of the Contracting Parties, alerts in
the Schengen Information System take priority over
Interpol alerts.
Interpol alerts must be restricted to
exceptional cases (alerts not provided for in the Conven-
tion (for instance, it is not possible to enter alerts for
works of art into the SIS) or if not all the necessary

The Schengen States ensure at national
level that the
Sirene Bureaux and the NCB inform one another of hits.

The deletion of an alert is undertaken by the authority
which issued the alert.

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(f)

Improvement of cooperation between the Sirene Bureaux
and the Interpol NCBs

010: Place of birth

Each Contracting Party shall take adequate measures to
exchange information at national level between the Sirene
bureaux and the NCBs.

011: Alias: the first alias name is written out in full and
the total number of aliases found is indicated. An
M Form may be used to send the complete list of
alias names.

4. The procedures to be followed

The smooth functioning of the Schengen Information System
rests on coordinated action between the various national
systems. As a prerequisite for this, common procedures must
be defined that are to be followed by all of the Contracting
Parties.

Each case requiring intervention has therefore been drawn up
and codified to give an accurate description of the tasks to be
carried out by the Sirene Bureaux.

012: Sex

013: Nationality: heading 013 ‘Nationality’ must be filled
in as completely as possible on the basis of the
available information. If there are any doubts as to
the information, code ‘1W’, the word ‘supposed’
should be added to the word ‘nationality’.

030: Authority issuing the arrest warrant or decision
(name and position of the magistrate or public
prosecutor or name of the court)

031: Reference No of arrest warrant or decision (037)

See also comments below

4.1.

The exchange of information prior to an alert

032: Date of arrest warrant or decision (036)

4.1.1. Checking whether the national law of the Contracting
Parties authorises provisional arrest with a view to
extradition (Article 95(2))

The Contracting Party issuing an alert shall check whether the
provisional arrest that is to be requested is authorised by the
national law of the other Contracting Parties.

Requests for criminal prosecution and enforcement can
be summarised in an accompanying document.

033: Name of requesting authority

034: Maximum penalty/maximum penalty foreseen

035: Magistrate or court issuing the decision

The following procedure has been adopted:

036: Date of decision

(a)

(b)

(c)

check that all Member States are able to follow up the
alert foreseen;

037: Decision reference number

if there is any doubt, consult the Sirene Bureau concerned
and transmit or exchange the information necessary for
the check;

the file provided for by Article 95(2), in the second part
of the paragraph, shall be prepared before the alert is
entered into the system. It should be checked that all of
the information required is contained within the file and
that it is presented correctly. The following information
is to be transmitted, whereby the details for prosecution
or the enforcement of criminal sentences must be given,
in principle, as an alternative:

038: Sentence given

039:

Indication of sentence remaining to be served

040: Legal texts applicable

041: Legal description of the deeds

042: Date/period the offence was committed

044: Description of the facts of the case (including their

consequences)

006: Surname: the surname used for the main data in
the SIS alert is entered under heading 006.

045: Degree of involvement (principal, accessory, aider,

abetter).

007: Given name

009: Date of birth

Each country may use its own legal terminology to
describe the degree of participation (see point 2 of
document SCH/OR.SIS-SIRENE (97) 12).

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The information given must be in sufficient detail for the
other Sirene Bureaux to verify the alert. Nevertheless,
only a moderate amount of information should be given
in order to avoid unnecessarily overloading the message
system.

If the Sirene Bureaux are unable to receive the message
because the number of spaces fixed for the relevant form
for technical reasons is insufficient, an M form can be
sent with supplementary information. The end of the
transmission is indicated by the phrase ‘End of message’
in the last form (heading 044 of Form A or heading 083
of form M).

The Sirene Bureau of the issuing Contracting Party may
also provide further information, after consultation and/
or at the request of another Contracting Party, if deemed
necessary for clarifying an individual’s identity. This
information shall cover the following in particular:

— the origin of the passport or identity document in

the possession of the person sought;

— the passport or identity document’s reference num-
ber, issuing date, place and authority as well as the
expiry date;

— description of the person sought;

In the event of a flag’s being added, the alternative
procedure must be implemented by the Contracting Party
(-ies) concerned.

4.1.2. Consulting the Contracting Parties for alerts on grounds

of State security (Article 99(3))

A Contracting Party issuing an alert for the purposes of discreet
surveillance or of a specific check on the grounds of State
security is obliged to consult the other Contracting Parties
beforehand.

This highly sensitive area requires a specific procedure to
safeguard the confidentiality of certain information. To this
end, any contact between the services responsible for State
security should be kept quite separate from the contact
between the Sirene Bureaux.

In this specific case in question, the Sirene Bureaux shall ensure
that the consultation procedure functions smoothly and record
the results. The information is actually exchanged directly
between the specialised services concerned.

— surname and given name of the wanted person’s

mother and father;

The following procedure has been adopted:

— whether there are records of the person’s photo and/

or finger prints;

— last known address.

As far as is possible, this information together with
photographs and finger prints shall be available in
the Sirene Bureaux, or immediately accessible to them
permanently, so that they can transmit these identification
elements as soon as possible.

In this highly sensitive area, the common objective should
be to minimise the risk of detaining the wrong individual
of similar identity to the person on whom an alert has
been issued;

(a)

(b)

(c)

before entering an alert, the security department con-
cerned contacts its Schengen counterparts directly;

the specialised departments exchange the information
they have, after which the security department entering
the alert informs its national Sirene Bureau and forwards
the results to it. The purpose is mainly to raise any
objections that there might be to the planned alert;

the Sirene Bureau contacted by the security department
that is intending to enter an alert shall inform the other
Sirene Bureaux. This enables the other bureaux to consult
their respective security departments and exercise their
rights;

(d) where the alert is admissible by all of the Contracting
Parties: the preparations shall be made for it to be entered
into the SIS;

(e) where the alert is not admissible by all of the Contracting

Parties:

(d) once the Sirene Bureau of the Contracting Party issuing
the alert has established that the formal consultation has
been held correctly it then approves the alert’s being
entered;

— either the issuing Contracting Party abandons the

idea of entering the alert,

— or it persists and asks the Contracting Party (-ies)
concerned to submit a request immediately for a
flag to be added.

(e)

(f)

should difficulties arise, the Sirene Bureau concerned shall
inform the Contracting Party issuing the alert;

if the Contracting Party issuing the alert upholds its alert,
the requested Contracting Party may request a flag be
entered to grant 24 hours to study the matter;

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(g)

after this period for further study, at the request of a
Contracting Party, a permanent flag may be entered for
the alert that suspends the course of action that should
otherwise be followed on the grounds of the alert.

sent to all Sirene Bureaux so that the alert can be
distributed and enforced as widely as possible;

(b) Any further information required for identification pur-
poses is sent after consultation and/or at the request of
another Contracting Party.

4.2.

Exchange of information when entering an alert

4.3. The exchange of information for multiple alerts

4.2.1. Sending a dossier for provisional arrest with a view to

extradition (Article 95(2))

This file contains obligatory information as foreseen by the
Convention. Furthermore, optional
information to assist in
processing the matter may also be sent if needed for ascer-
taining identity.

See comments at point 4.1.1.

A sample form, which is uniform for all of the Contracting
Parties, can be found in Annex 5 to this manual.

The following procedure has been adopted:

(a)

by the swiftest means available, the Contracting Party
issuing the alert shall send the requested Contracting
Parties the obligatory information on the case at the same
time as entering the alert into the SIS.

If the individual is wanted on the grounds of more than
one arrest warrant or verdict, which may serve as a basis
for a request for provisional arrest for the purposes of
extradition, information on one arrest warrant or one
verdict only should initially be sent to the other Sirene
Bureaux when entering the alert. The arrest warrant or
verdict carrying the highest penalty or the arrest warrant
or verdict which takes priority in view of the limitation
period should be used.

Information on the other arrest warrants or verdicts
should be kept by the Sirene Bureau of the State issuing
the alert. In the event of a hit, it should be sent to the
Sirene Bureau of the requested State immediately.

Pursuant to Article 107, the following general provisions have
been adopted:

(a)

(b)

(c)

(d)

only one alert per Contracting Party may be entered into
the Schengen Information System for any one individual;

several Contracting Parties may enter an alert on the same
person in the Schengen Information System if the alerts
are compatible or if there is no interference between the
alerts;

alerts issued pursuant to Article 95 are compatible with
alerts issued pursuant to Articles 97 and 98. Moreover,
they may also be considered as compatible with alerts
issued pursuant to Article 96. In such cases, the pro-
cedures to be followed as set by Article 95 have priority
over those set by Article 96;

alerts issued pursuant to Articles 96 and 99 are not
compatible with one another nor with alerts issued
pursuant to Articles 95, 97 or 98, without prejudice to
Articles 95 and 96 being compatible.

Within the category of alerts issued pursuant
to
Article 99, ‘discreet surveillance’ procedures are incom-
patible with ‘specific checks’ procedures;

(e)

the order of priority for grounds for alerts is as follows:

— provisional arrest with a view to extradition

(Article 95),

— non-admission into Schengen States (Article 96),

— placing under protection (Article 97),

— discreet surveillance (Article 99),

— specific checks (Article 99),

— communicating whereabouts (Articles 97 and 98).

An exception may be made to this order of priority after
consultation between the Contracting Parties if essential
national interests are at stake;

If one of the Sirene Bureaux thinks it necessary to add a
flag on the basis of the information sent in form A,
information on a second arrest warrant or verdict can be

(f)

the Sirene Bureau of the Contracting Party issuing the
alert shall keep a record of the requests to enter a new
alert rejected after consultation by virtue of the provisions
given above, and do so until the alert is deleted.

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TABLE OF ALERTS

Compatible

Coexisting

Priority in decreasing order of importance

Grounds for compatible alerts

Article 95

Article 96

Article 97

Articles 95, 97, 98

Article 96

Article 95, 97, 98

Article 96

Article 95

placed under protection

(table 4, grounds 3, procedure 4 and
grounds 4, procedure 5)

Article 99

Article 99

Discreet surveillance

Discreet surveillance

Article 99

Specific check

Articles 97-98

Communicate the whereabouts

Article 99

Specific check

Articles 95, 97, 98

The specific case of alerts pursuant to Article 96

The provisions of Article 101(2) enable the authorities respon-
sible for issuing visas, for processing visa applications and
issuing residence permits to have access to the data pursuant
to Article 96.

(c)

the procedures to be followed for the alerts shall be
applied in the order of priority adopted, in other words,
provisional arrest is made first;

(d)

the Contracting Parties shall take the measures necessary
at national level to inform their users of this procedure.

All alerts pursuant to Article 96 need to be made available to
all of the Schengen partners. The objective is not to issue an
undesirable alien a residence permit or visa.

The specific case of alerts on vehicles

The following general recommendations have been adopted:

This imperative has to be to reconciled with the principles
listed above.

(a)

only one alert per Contracting Party may be entered into
the Schengen Information System for any one vehicle;

The following general provisions have been adopted:

a Contracting Party should always be able to enter an
alert as pursuant to Article 96 so that the competent
services do not issue residence permits or visas;

(a)

(b)

(b)

(c)

several Contracting Parties may enter an alert on the same
vehicle in the Schengen Information System if the alerts
are compatible;

alerts on vehicles issued pursuant to Article 99 with
‘discreet surveillance’ procedures to be followed are
incompatible with alerts with ‘specific checks’ procedures
to be followed;

if there is clash of interests with an alert pursuant to
Article 95, each Contracting Party may maintain its alert.
The rules on compatibility apply for all the other alerts;

(d)

alerts on vehicles pursuant to Article 99 are incompatible
with alerts on vehicles pursuant to Article 100;

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(e)

the Sirene Bureau of the Contracting Party issuing the
alert shall keep a record of the requests for entering a
new alert rejected after consultation by virtue of the
provisions given above, and do so until the alert is
deleted.

TABLE OF COMPATIBLE ALERTS

Priority by decreasing order
of importance

Grounds for alert compatible

Article 99

Article 99

Discreet surveillance

Discreet surveillance

Article 99

Article 99

Specific check

Specific check

Article 100

Article 100

Under exceptional circumstances derogation may be made to
the order of priorities indicated above, after consultation
between the Contracting Parties, if essential national interests
so require.

4.3.1. Checking for multiple alerts on an individual

(b)

(c)

same mandatory identity description elements (surname,
given name, date of birth) a check must be run before the
new alert is approved;

the Sirene Bureau shall contact the requesting department
to clarify whether the alert is on the same person or not;

if the cross-check reveals that the person in question is
indeed one and the same, the Sirene Bureau shall apply
the procedure for entering multiple alerts as defined in
paragraph 4.3.3. If the outcome of the check is that there
are in fact
the Sirene Bureau
two different people,
approves the request for entering another alert.

4.3.2. Checking for multiple alerts on a vehicle

The mandatory identity description elements for alerts on a
vehicle are:

— either the number plate;

— or the serial number.

However, both numbers may figure in the SIS.

Multiple alerts are checked for by comparing numbers. If two
numbers are found to be identical it is assumed that there are
multiple alerts on the same vehicle.

Multiple alerts will occur only rarely. The main difficulty
encountered will be in distinguishing accurately between
individuals who have similar characteristics.

Technical difficulties arise with this method of verification in
that comparison is not always possible as this depends on the
obligatory description elements used.

To solve this problem, even in cases where alerts are incompat-
ible, cooperation between the Schengen States and policing
methods advocate using the procedure for consultation
between the Sirene Bureaux.

SIS alerts on vehicles contain the serial number and/or the
registration plate number. When entering a new alert, if it is
discovered that the same serial number and/or registration
plate number already exists in the SIS, it is assumed that there
are multiple alerts on the same vehicle.

Each Contracting Party shall set up adequate technical
resources to detect possible cases of individuals with identical
characteristics before an alert is entered into the SIS.

The identity description elements for concluding that two
identities might be identical are detailed in Annex 6 of this
manual.

The Sirene Bureau shall draw the national users’ attention to
the, certainly limited, number of cases that might cause
problems where only one of the numbers has been compared:
a positive response, or a ‘hit’, is taken to mean that there are
multiple alerts on one and the same vehicle, but a negative
response does not mean that there is no alert on this vehicle.
There may be an alert on the vehicle under the number that
was not used on the comparative check.

The following procedure has been adopted:

The identity description elements used for concluding that two
vehicles are identical are detailed in Annex 6 of this manual.

(a)

if processing a request for entering a new alert reveals
that there is already an individual in the SIS with the

The procedure to be adopted by the Sirene Bureaux for vehicles
is the same as for persons.

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4.3.3. Negotiating entering a new alert if it is incompatible

with a previous alert

procedure is foreseen for alerts pursuant to the other two
articles, and the alert does not appear on the screen when
the end-user consults the system;

If a request for an alert vies with an alert issued by the same
Contracting Party, the national Sirene Bureau should ensure
that only one alert is left in the SIS. Each individual State is
free to choose the exact procedure to be applied.

If the alert requested is incompatible with an alert that has
already been issued by one or several other Contracting Parties,
their agreement is required.

The following procedure has been adopted:

(a)

(b)

(c)

(d)

if the alerts are compatible, the Sirene Bureaux do not
need to consult; if the alerts do not interfere with one
another, the Contracting Party that wishes to enter a new
alert shall decide whether consultation ought to be held;

if the alerts are not compatible, or if there is any doubt,
the Sirene Bureaux have to consult so that ultimately only
one alert, or one group of alerts that are compatible with
one another, is entered into the Schengen Information
System;

if an alert that is incompatible with existing alerts in the
SIS is given priority status as the outcome of consultation,
the Contracting Parties that entered the other alerts have
to withdraw them when the new alert is entered into the
SIS;

any disputes shall be settled by negotiations between the
Sirene Bureaux. If agreement cannot be reached on the
basis of the list of priorities established, the oldest alert is
left in the SIS.

4.4.

The exchange of information when adding a flag

The Sirene Bureaux must exchange information so that the
Contracting Parties can assess the need for a flag to be added,
and thereafter implement this option.

There are three scenarios for adding a flag:

(b)

(c)

a flag for 24 hours ‘study’ time, which may be extended
to up to a maximum of seven days, under the provisions
of Article 95(3) may be added to alerts pursuant to
Article 95. This flag may be converted into a permanent
flag. Alternative procedures, as foreseen by Article 95(5),
must be followed;

under the provisions of Article 99(6), a flag for a
maximum of 24 hours ‘study’ may be added to alerts
issued pursuant to Article 99. This flag may be converted
flag. No alternative procedure is
into a permanent
foreseen.

The Contracting Parties must take the following remarks
into account:

— the procedure of adding a flag must be used

exceptionally;

— it may take some time between an alert’s being
entered into the Schengen Information System and
a flag’s being added. During this time-lapse normal
procedures should be followed. This period of time
should therefore preferably be kept as short a
possible;

— each Contracting Party shall detect the alerts likely

to require a flag as swiftly as possible.

4.4.1. Consulting the Contracting Parties with a view to adding

a flag

The following procedure has been adopted:

(a)

the requested Contracting Party that intends to add a flag
to an alert shall inform the Contracting Party that issued
the alert.

No consultation is foreseen for a flag added to an alert
issued pursuant
to Articles 95(3) and 99(6) for the
purposes of further study. All Contracting Parties shall be
consulted obligatorily for a permanent flag as foreseen
under Article 94(4);

(a)

a ‘permanent’ flag may be added (or deleted) at any
moment under the terms of Article 94(4) on alerts
pursuant to Articles 95, 97 and 99.

An alternative procedure is foreseen for flags that apply
to an alert issued pursuant to Article 95. No alternative

(b) once information has been exchanged so as to meet the
requirements of each of the Contracting Parties, they may
need to amend or even delete either the alert, which is
done by the requesting Party, or the request, which is
done by the requested Party.

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4.4.2. A request for a flag to be added

The following procedure has been adopted:

(a)

the requested Contracting Party asks the Contracting
Party that issued the alert to add a flag to an alert issued
pursuant to Articles 95, 97 or 99.

This request must be made in writing. If the request is
made by telephone written confirmation must be given;

(b)

(c)

(d)

the Contracting Party that issued the alert is obliged to
add a flag as soon as possible;

the same procedure applies for extending a flag added so
as to enable further study of an alert issued pursuant to
Article 95(3), as well as for withdrawing a temporary or
permanent flag;

in urgent cases, a Contracting Party that issued an alert
may ask the requested Contracting Parties to refrain from
adding flags for the purposes of further study for alerts
issued pursuant to Article 95.

4.4.3. Systematic request for a flag to be added for the State’s

nationals

The following procedure has been adopted:

(a)

(b)

(c)

a Contracting Party may ask the Sirene Bureaux of the
other Contracting Parties to add a flag as a matter of
course to alerts issued on its nationals pursuant
to
Article 95 if the wanted person is one of its nationals;

any Contracting Party wishing to take advantage of this
option should forward its decision in writing to the
Contracting Parties which it would like to cooperate;

is
any Contracting Party(ies)
addressed shall add a flag for the Contracting Party that
has requested one and do so immediately after the alert is
issued;

to whom this request

(d)

this procedure shall continue to be binding until another
written request is made for it to be cancelled.

4.5.

The exchange of information after a hit

should always be communicated to the Sirene Bureau of
the Contracting Party that issued the alert.

On the basis of this information, if deemed necessary the
Sirene Bureau of the Contracting Party that issued the
alert shall forward any relevant, specific information and
the particular measures that should be taken to the Sirene
Bureau of the Contracting Party that matched the alert.

When notifying the State which issued the alert of a hit,
the Article of the Schengen Convention which applies to
the hit should be indicated in heading 090 of form G.

If the hit concerns a person who is registered in the SIS
pursuant to Article 95 of the Schengen Convention, the
Sirene Bureau of the State in which the hit is obtained
should inform the Sirene Bureau of the State issuing the
alert by telephone before sending a G form;

(b) The Sirene Bureaux of Contracting Parties that issued
alerts pursuant to Article 96 shall not be informed of
any hits as a matter of course. Under exceptional
circumstances, the bureaux can be informed by the
requested Contracting Party that discovered the alert;

(c)

(d)

for each Contracting Party to be able to exercise its rights,
the Contracting Parties that had previously indicated that
they wanted to issue an alert on the same person or
object should preferably be informed of any hits. The
Contracting Party that actually issued an alert is respon-
sible for informing these other Contracting Parties;

through the C.SIS’s automatically communicating that an
alert has been deleted,
it is possible to study whether
another alert, which was previously incompatible and
which as such was not entered, can in fact now be
entered.

4.5.2. Communicating further information

The following procedure has been adopted:

4.5.1.

Informing the Schengen partners if an alert is matched

The following procedure has been adopted:

(a)

a hit after a check has been carried out on an individual,
a vehicle or an object on which an alert has been issued

(a)

the Sirene Bureaux may transmit further information on
alerts issued pursuant to Articles 95, 97, 98 and 100; in
so doing they may act on behalf of judicial authorities if
this information falls within the scope of mutual judicial
assistance.

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The Sirene Bureaux have no powers or particular duties
in areas of extradition (1). If an alert issued pursuant to
Article 95 is matched, their role simply consists of
transmitting further information that the Contracting
Parties might require for determining whether extradition
procedures should indeed be implemented.

Under exceptional circumstances the Schengen partners might
need to be informed of the fact that the alert has been matched.
Since there are many addressees of alerts issued pursuant to
Article 96 in the consular posts and embassies, and given the
distances between them, they need not be informed as a matter
of course.

It is not the Sirene Bureaux but the appropriate depart-
ments within each Contracting Party that are responsible
for transmitting extradition files and other judicial data
through the diplomatic channel or other channels;

4.6.1.

Issuing residence permits or visas

The following procedure has been adopted:

(b)

as far as is possible, the Sirene Bureaux shall communicate
medical details on the individuals on whom an alert has
been issued pursuant to Article 97 if measures have to be
taken for their protection.

The information transmitted is kept only as long as is
strictly necessary and is used exclusively for the purposes
of medical treatment given to the person concerned;

(c)

if operations after an alert is matched so require (such as
if an offence is discovered or if there is a threat to law
and order, if an object, vehicle or individual needs to be
more clearly identified, etc.), the information transmitted
as a complement to that stipulated under Title IV of the
Schengen Convention, in particular regarding Articles 99
and 100, shall be transmitted by virtue of Articles 39
and 46 of the abovementioned Convention.

The Sirene Bureaux shall send ‘further information’ as
quickly as possible in a P form, in response to a G form
when a hit is made on an alert issued on a vehicle
pursuant to Article 100 of the Schengen Convention.

NB: (Given that the request is urgent and that it will
therefore not be possible to collate all the information
immediately, it is agreed that certain headings will be
optional rather than obligatory, and that efforts will be
made to collate the information relating to the main
headings, for example: 041, 042, 043, 162, 164, 165,
166 and 167).

4.6.

The exchange of information on aliens not to be granted
admission

If an alien who falls under the scenario foreseen in Articles 5
or 25 of the Convention applies for a residence permit or visa
the authority issuing the paper must apply specific rules.

(a)

(b)

(c)

a requested Contracting Party may inform the Contracting
Party that issued an alert pursuant to Article 96 of its
having been matched. This latter may then inform the
other Contracting Parties if it thinks so fit;

if so requested, whilst respecting national legislation the
Sirene Bureaux of the Contracting Parties concerned may
assist in transmitting the necessary information to the
specialised services responsible for issuing residence
permits and visas;

if the procedure foreseen under Article 25 of the Conven-
tion entails deleting an alert issued pursuant to Article 96
the Sirene Bureaux shall, whilst respecting their national
legislation, offer their support if so requested.

4.6.2. Refusing admission or expulsion from Schengen terri-

tory

The following procedure has been adopted:

(a)

a Contracting Party may ask to be informed of any alerts
it issued pursuant to Article 96 that have been matched.

Any Contracting Party that wishes to take up this option
shall ask the other Contracting Parties in writing;

(b)

(c)

a requested Contracting Party may take the initiative and
inform the Contracting Party issuing an alert pursuant to
Article 96 that the alert has been matched, the alien has
not been granted admission or has been expelled from
Schengen territory.

if, on its territory, a Contracting Party intercepts a person
for whom an alert has been issued, the Contracting Party
issuing the alert may forward the information required to
expel (return/deport) a third-country national. Depending
on the needs of the requesting Contracting Party and
if available to the requested Contracting Party,
this
information should include the following:

— the type of decision,

— the authority issuing the decision,

( 1) Except for Sirene Austria.

— the date of the decision,

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— the date of service,

— the date of enforcement,

— the date on which the decision expires or the length

of validity.

See point 3(1)(6).

The issuing Contracting Party should be able to appraise the
importance and relevance of the request.

The ends for which the data are to be used must come under
one of the alert categories foreseen in Articles 95 to 100 of
the Convention.

On no account should this data be used for other ends than
those foreseen by the Convention.

— If a person on whom an alert has been issued is
intercepted at the border the procedures set by the
issuing Contracting Party have to be followed,

4.8.1.

Informing the alerting Contracting Party that the objec-
tive has been changed

— for the exceptions set out for Articles 5 or 25 of the
Convention the requisite consultation must be held
between the Contracting Parties concerned via the
Sirene Bureaux,

— there might also be an urgent need for complemen-
tary information to be exchanged via the Sirene
Bureaux in specific cases to identify an individual
with certainty.

The following procedure has been adopted:

(a)

(b)

through its Sirene Bureau,
the requested Contracting
Party shall explain to the Contracting Party that issued
the alert
the grounds for its asking for the original
objective to be changed;

as soon as possible, the issuing Contracting Party shall
study whether this wish can be met and advise the
requested Contracting Party through its Sirene Bureau of
its decision.

4.7.

The exchange of information when the procedure following a
hit cannot be executed

If need be, the Contracting Party that issued the alert can grant
authorisation subject to certain conditions on how the data
are to be used.

4.7.1.

Informing the alerting Contracting Party that the pro-
cedures cannot be followed

4.8.2. Procedures for changing the original objective

The following procedure has been adopted:

The following procedure has been adopted:

(a)

(b)

the requested Contracting Party shall inform the Con-
tracting Party that issued the alert straight away, and do
so via its Sirene Bureau, of the fact that it is not able to
follow procedures, and give the reasons;

the Contracting Parties concerned may then agree on
what procedure to follow in keeping with their own
national
the
Convention.

legislation and with the provisions of

4.8.

The exchange of information if the objective of the alert is
changed

The consent of the Contracting Party that issued the alert is
required for this procedure that is used only under exceptional
circumstances.

(a)

once the Contracting Party that issued the alert has
agreed, the requested Contracting Party shall use the data
for the ends it sought and obtained authorisation. It shall
take account of any conditions set.

4.9. The exchange of information in the case of inaccurate or

inadmissible data

4.9.1.

Informing the alerting Contracting Party that data is
inaccurate or inadmissible

The following procedure has been adopted:

(a)

(b)

the Contracting Party that establishes that data contain
an error shall advise the issuing Contracting Party thereof
via its Sirene Bureau;

information shall be exchanged so as to reach an
agreement on how this data should be corrected or
deleted;

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(c)

(d)

form J may be used when inaccurate or inadmissible data
is detected as well as to transmit the reply from the Sirene
Bureaux issuing the alert;

the additional information required to establish identity
should be sent on agreement with and/or at the request
of another Contracting Party.

4.9.2. Rectification procedures

The following procedure has been adopted:

if the Contracting Parties are in agreement, the issuing
Contracting Party shall follow its national procedures for
correcting the error;

(a)

(b)

The following procedure has been adopted:

(a)

the request for access shall be forwarded to the Con-
tracting Party that issued the alert as soon as possible, so
that it can take a position on the question;

(b)

the issuing Contracting Party shall inform the Contracting
Party that received the request of its position.

It shall
processing the request;

take account of any legal deadlines set

for

(c)

if the Contracting Party that issued the alert sends its
position to the Sirene Bureau of the Contracting Party
that received the request for access, the Sirene Bureau
shall ensure that the position is forwarded to the authority
responsible for adjudication on the request as soon as
possible.

there is no agreement,

if
the Sirene Bureau of the
Contracting Party that established the error shall advise
the authority responsible within its own country to
referral of the matter to the Joint Supervisory Authority.

4.10.3.

Information on access and rectification procedures

The following procedure has been adopted:

4.10.

The exchange of information regarding the right to access or
rectify data

4.10.1.

Informing the national authorities of a request to access
or rectify data

The following procedure has been adopted:

(a)

each Sirene Bureau must apply its national legislation on
to access to the data. Depending on the
the right
circumstances of the case, the Sirene Bureaux shall either
forward the national authorities responsible any requests
they receive for access or for rectifying data, or they shall
adjudicate upon these requests within the limits of their
remit;

(b)

If the national authorities responsible so ask, the Sirene
Bureaux of the Contracting Parties concerned shall for-
ward information on exercising this right to access.

(a)

the Sirene Bureaux shall keep one another informed of
any national
legislation adopted on access and rectifi-
cation procedures for personal data, as well as of any
amendments made thereafter.

5. The tasks to be performed per alert category

Several problems have to be addressed by the Sirene Bureaux
when an alert is entered into the SIS. They must ensure that
that the provisions set out in the Schengen Convention are
respected and guarantee the technical status of the data.

The sequence of tasks to be performed for each category of
alerts must be followed scrupulously so as to guarantee that
the information distributed through the SIS is reliable.

The moment a hit is made, the main duty is to notify straight
away that the alert has been matched. Should circumstances
so require, any further information that might be needed for
action to be taken shall be exchanged between the Contracting
Parties concerned.

4.10.2.

Information on requests for access for alerts issued by
other Contracting Parties

5.1. Creating an alert

5.1.1. The tasks common to all categories

As far as is possible, information on alerts entered into the SIS
by another Contracting Party shall be exchanged via the
national Sirene Bureaux.

The following tasks must be carried out before any action is
taken which relates specifically to one category of alerts:

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(a)

check for multiple alerts:

5.1.2.3. Alerts pursuant to Article 97

— at national level there may only be one alert in the
SIS per country on any one individual (or vehicle).
In the event of their being more than one, national
procedures must be followed to ensure that only
one alert is left in the SIS,

— within Schengen, there may be several compatible

alerts on any one individual (or vehicle);

(b)

if there is more than one alert on any one individual (or
vehicle) check that they are compatible:

— if they are not compatible, negotiate entering only
one alert (on any one individual or vehicle). In the
event of
the
procedure is terminated here,

failure to come to an agreement:

— if the multiple alerts are compatible, or if it is agreed
that the new alert should be given priority, continue
with the procedure.

Please note: The contracting Party issuing the alert should keep
a copy of requests for entering an alert that are rejected so that
it can communicate all the hits of which it has been informed.

The Contracting Party that was not able to enter its alert shall
take the necessary technical measures to review its request if it
is notified automatically that the alert previously blocking its
request has been deleted.

(a)

Enter the alert into the SIS.

(b) At the request of a Contracting Party add a flag.

5.1.2.4. Alerts pursuant to Article 98

(a)

Enter the alert into the SIS.

5.1.2.5. Alerts pursuant to Article 99(2)

(a)

Enter the alert into the SIS.

(b) At the request of another Contracting Party add a flag.

5.1.2.6. Alerts pursuant to Article 99(3)

(a) Check with the national security services that the security
services in the other Contracting Parties have been
informed.

(b)

Inform the Sirene Bureaux in the other Contracting
Parties of the new alert and ensure that cooperation and
consultation take place correctly.

(c)

Enter the alert into the SIS.

(d) At the request of a Contracting Party add a flag.

5.1.2. Measures to be taken for each individual category of

alert

5.1.2.7. Alerts pursuant to Article 100

5.1.2.1. Alerts pursuant to Article 95

(a)

For vehicles only: check for multiple alerts, and if there is
more than one alert, check that the alerts are compatible.

(a) Check that the national

legislation of the Contracting
Parties authorises provisional arrest for the purpose of
extradition.

(b)

Enter the alert into the SIS.

(b) Check whether there is a file on obligatory complemen-

which the first report was made.

tary information.

(c) An alert for a vehicle should be issued by the State in

(c)

Enter the alert into the SIS and at the same time send the
file to the other Sirene Bureaux.

5.2. Amending an alert

(d) At the request of another Contracting Party add a flag.

5.1.2.2. Alerts pursuant to Article 96

(a)

Enter the alert into the SIS.

5.2.1. Entering an alias

(a) Check that the alias that is due to be entered is not a
multiple alert. If there is any doubt or if there is a multiple
alert, follow procedures foreseen for this.

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EN

Official Journal of the European Union

17.2.2003

The party that entered the original alert is responsible for
adding any aliases. If a third country discovers the alias it
should pass the matter on to the party that originally
entered the alert, unless the third country itself issues an
alert on the alias.

(b)

Inform the other Contracting Parties of aliases regarding
an alert issued pursuant to Articles 95 or 99(3). Whenever
needed, the Sirene Bureaux shall transmit this information
to their national authorities responsible for each category
of alert.

(c)

Enter the alert into the SIS.

5.2.2. Changing the grounds or procedures for an alert

This procedure shall be applied regardless of a hit.

(a) Delete the alert that is to be placed in another category

5.3. Deleting an alert

5.3.1. Deleting after a hit

(a)

Inform the Contracting Parties who had been unable to
enter their alert that a hit has been made and that the
alert has been deleted.

5.3.2. Deleting when the conditions for maintaining the alert

cease to be met

Excluding the cases after a hit, an alert may be deleted either
directly by the C.SIS (once the expiry date is passed) or
indirectly by the service that entered the alert in the SIS (once
the conditions for the alert’s being maintained no longer
apply).

In both instances the C.SIS delete message should be processed
automatically by the N.SIS so that an alert kept pending can
be entered in its place.

(a)

The Sirene Bureau is notified automatically by a message
from its N.SIS that an alert put on hold can be entered.

(b) Recommence the entire procedure for entering an alert

in the new category.

(b) The Sirene Bureau shall apply the entire procedure for
entering an alert in the appropriate alert category.