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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)

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2.3.The exchange of information after a hit

A ‘hit’ occurs when an end-user conducts a search in the SIS II and finds out that an alert exists which matches the details entered and further action needs to be taken.

If the end-user requires supplementary information after a hit, the SIRENE Bureau shall contact the SIRENE Bureau of the issuing Member State as quickly as possible and ask for the necessary information. Where appropriate, the SIRENE Bureaux shall act as intermediaries between the national authorities and shall provide and exchange supplementary information pertinent to the alert in question.

Unless stated otherwise, the issuing Member State shall be informed of the hit and its outcome.

The following procedure shall apply:

(a)

without prejudice to Section 2.4 of this Manual, a hit on an individual or an object for which an alert has been issued, shall in principle be communicated to the SIRENE Bureau of the issuing Member State using a G form.

When notifying the issuing Member State of a hit, the applicable article of the SIS II legal instruments should be indicated in heading 090 of the G form.

If necessary, the SIRENE Bureau of the issuing Member State shall then send any relevant, specific information and indicate any particular measures that should be taken by the SIRENE Bureau of the Member State that matched the alert.

If the hit concerns a person who is the subject of an alert for arrest, the SIRENE Bureau of the Member State that matched the alert shall, where appropriate, inform the SIRENE Bureau of the issuing Member State of the hit by telephone after sending a G form;

(b)

The SIRENE Bureaux of Member States that have issued alerts for refusal of entry shall not necessarily be informed of any hits as a matter of course, but may be informed in exceptional circumstances. A G form may in any case be sent if for example supplementary information is required. A G Form shall always be sent when there is a hit on a person benefiting from the Community right of free movement.

2.3.1.Communicating further information

The exchange of information under the SIS II legal instruments shall not prejudice the tasks entrusted to the SIRENE Bureaux by national law implementing other legal instruments of the European Union, in particular in application of the national law implementing Council Framework Decision 2006/960/JHA(2) or, if this information falls within the scope of the mutual legal assistance.

(1)

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

(2)

Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union.

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