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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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4.1.Entering an alert

In accordance with Article 24 of the SIS II Regulation, alerts for refusal of entry or stay may be entered in the SIS II for third-country nationals based on a national alert issued for reasons of a threat to public policy, public security or national security.

An alert may be also entered based on the fact that the third-country national has been subject to a measure involving expulsion, refusal of entry or removal which has not been rescinded or suspended, that includes or is accompanied by a prohibition on entry or residence, based on the failure to comply with national regulations on the entry or residence of third-country nationals.

In addition, Article 26 of the SIS II Regulation provides that, subject to certain specific conditions, alerts relating to third-country nationals who are the subject of a restrictive measure intended to prevent entry into or transit through the territory of Member States, taken in accordance with Article 15 of the Treaty on European Union, shall also be entered.

According to Article 25 of the SIS II Regulation, specific rules apply to third-country nationals who are beneficiaries of the Community right of free movement within the meaning of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States(2). The SIRENE Bureau shall as far as possible be able to make available any information that was used to assess whether an alert for refusal of entry or stay be entered for a beneficiary of the Community right of free movement(3).

(1)

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

(3)

Article 30 of the Directive 2004/38/EC provides that the person refused entry shall be notified in writing thereof and informed in full on grounds on which the decision was taken unless it is contrary to the interests of State security.

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