Commission Decision of 4 March 2008 adopting the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) (notified under document number C(2008) 774) (Only the Bulgarian, Czech, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic) (2008/333/EC)

5. ALERTS ON MISSING PERSONS (ARTICLE 32 OF THE SIS II DECISION)

The following steps shall be considered:

• entering an alert,

• check for multiple alerts,

• misused identity,

• entering an alias,

• adding a flag,

• the exchange of information after a hit.

5.1. Entering an alert

At the request of the competent authority, data of the following categories of persons, both minors and adults, shall be entered in the SIS II for the purpose of ascertaining their whereabouts or placing them under protection:

• missing persons who need to be placed under protection:

  (i)

  for their own protection;

  (ii)

  in order to prevent threats,

• missing persons whose whereabouts need to be ascertained and who do not need to be placed under protection.

National procedures concerning who and how one can request a search for a missing person shall be followed accordingly, whilst the search is being initiated.

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.

5.2. Multiple alerts

See general procedure in Section 2.2.

Compatibility of alerts on missing persons

Alerts on missing persons are compatible with alerts for arrest and alerts for a judicial procedure. They are not compatible with alerts for refusal of entry or alerts for checks.

5.3. Misused identity

See general procedure in Section 2.11.1.

5.4. Entering an alias

See general procedure in Section 2.11.2.

5.5. Adding a flag

A flag may be requested after a hit has occurred. With a view to adding a flag, the general procedures as described in Section 2.6 shall be followed.

There is no alternative action to be taken for alerts for missing persons.

5.6. The exchange of information after a hit

See general procedure in Section 2.3.

In addition the following rules shall apply:

(a)

as far as it is possible, the SIRENE Bureaux shall communicate the necessary medical details of the missing person(s) concerned if measures have to be taken for their protection.

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

(b)

the SIRENE Bureau of the executing Member State shall always communicate the whereabouts to the SIRENE Bureau of the issuing Member State;

(c)

in accordance with Article 33(2) of the SIS II Decision, the communications of the whereabouts of the missing person who is of age to the person who reported the person missing shall be subject to the missing person's consent. However, the competent authorities may communicate the fact that the alert has been deleted following a hit, to the person who reported him or her missing.

(1)

This text is identical to the text in the Annex to Commission Decision 2008/334/JHA (see page 41 of this Official Journal).