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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) (2008/334/JHA)

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2.6.Adding a flag (Articles 24 and 25 of the SIS II Decision)

At the request of another Member State add a flag.

Articles 24 and 25 of the SIS II Decision allow a Member State to refuse to perform a requested action on its territory at any time by requesting that a flag be added to the alerts for arrest (Article 26 of the Decision), alerts for missing persons (Article 32 of the Decision) and alerts for discreet or specific checks (Article 36 of the Decision) when it considers that giving effect to the alert would be incompatible with its national law, its international obligations or essential national interests. The reasons for the request shall be provided simultaneously.

An alternative procedure exists only for alerts for arrest. Each Member State shall detect the alerts likely to require a flag as swiftly as possible.

If the circumstances mentioned in Article 24(1) or 25 of the SIS II Decision no longer exist, the Member State that requested the flag shall ask as soon as possible for the flag to be revoked.

2.6.1.Consulting the Member States with a view of adding a flag

The following procedure shall apply:

(a)

if a Member State requires a flag to be added, it shall request the flag from the issuing Member State using an F form, mentioning the reason for the flag;

(b)

the Member State that issued the alert shall add the requested flag immediately;

(c)

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process by the Member State requesting the flag, the alert may need to be amended, deleted or the request may be withdrawn.

2.6.2.Temporary clause until 1 January 2009: systematic request for flags to be added to alerts on a Member State's nationals

The following procedure has been adopted:

(a)

a Member State may ask the SIRENE Bureau of the other Member State to add a flag as a matter of course to alerts for arrest issued on its nationals;

(b)

any Member State wishing to do so shall send a written request to the Member State, which it would like to co-operate;

(c)

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

(d)

this procedure shall continue to be binding until a written instruction is made for it to be cancelled.

(1)

This text is identical to the text in the Annex to Commission Decision 2008/333/EC (see page 4 of this Official Journal).

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