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)

3. ALERTS FOR ARREST FOR SURRENDER OR EXTRADITION PURPOSES (ARTICLE 26 OF THE SIS II DECISION)

The following steps shall be considered:

• entering an alert,

• check for multiple alerts,

• misused identity,

• entering an alias,

• supplementary information to be sent to Member States,

• adding a flag,

• action by SIRENE Bureau upon receipt of an alert for arrest,

• the exchange of information after a hit.

3.1. Entering an alert

Most of the alerts for arrest will be accompanied by a European Arrest Warrant (EAW). However, under an alert for arrest, a provisional arrest is also possible prior to obtaining an Extradition Request (ER).

The EAW/ER shall be issued by a judicial authority authorised to carry out this function in the issuing Member State.

When entering an alert for arrest for surrender purposes, a copy of the original EAW shall be entered as an attachment into the SIS II. A translated copy of the EAW in one or more of the official languages of the institutions of the EU may be entered.

In addition, photographs and fingerprints of the person shall be added to the alert when available.

The relevant information including EAW or ER, provided with regard to persons wanted for arrest for surrender or extradition purposes, shall be available to the SIRENE Bureau when the alert is entered. A check shall be made to ensure that the information is complete and correctly presented.

Member States shall be able to enter more than one EAW per alert for arrest. It is the responsibility of the Member States to delete an EAW that loses its validity and to check if there are any other European Arrest Warrants attached to the alert and extend the alert if needed.

Alerts for arrest may contain one binary file per EAW. Member States shall be able to attach translations of any European Arrest Warrants they attach to an alert for arrest and if necessary in separate binary files.

For scanned PDF documents that are to be attached to alerts, as far as possible, a minimum resolution of 150 DPI shall be used.

3.2. Multiple alerts

For general procedures see Section 2.2.

In addition, the following rules shall apply:

several Member States may enter an alert for arrest on the same person. If two or more Member States have issued an alert for the same person, the decision on which warrant shall be executed in the event of an arrest shall be taken by the executing judicial authority in the Member State where the arrest occurs.

Compatibility of alerts for arrest

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

Alerts for arrest shall be entered immediately without awaiting the result of any consultation with other Member States.

3.3. Misused identity

See general procedure in Section 2.11.1.

3.4. Entering an alias

See general procedure in Section 2.11.2.

3.5. Supplementary information to be sent to Member States

When issuing the alert, supplementary information regarding the alert shall be sent to all Member States.

The information mentioned in Sections 3.5.1 and 3.5.2 shall be sent to the other SIRENE Bureaux by the swiftest means available. Any further information required for identification purposes shall be sent after consultation and/or at the request of another Member State.

In the case where several EAWs or ERs exist for the same person, separate A forms shall be completed for each of the EAWs or ERs.

There shall be sufficient detail contained in the EAW/ER and in the A form (in particular, EAW Section (e): ‘description of the circumstances in which the offence(s) was (were) committed, including the time and place’, field 044: ‘description of the deeds’) for other SIRENE Bureaux to verify the alert. However, only the necessary information shall be exchanged.

3.5.1. Supplementary Information to be sent with regards to an EAW

The A form shall contain at least the same information as that in the EAW. The information in field 044 shall contain a short summary of the circumstances.

In an A form:

• 239: it shall be indicated that the form relates only to an EAW,

• 272: a sequence number of the EAW shall be entered in order to distinguish between several EAWs for the same person,

• 006-013, 266, 275, 237-238 and 050-061: the relevant information inserted in the SIS II and corresponding to Section (a) of the EAW shall be entered,

• 030-033 and 251-259: the relevant information from Section (i) of the EAW shall be entered,

• 240-241 and 035-037: the relevant information from Section (b) of the EAW shall be entered,

• 034, 038, 039: the relevant information from Section (c) of the EAW shall be entered,

• 243-244: information from Section (d) of the EAW shall be entered. If there was no decision in absentia, the fields shall be left empty. In field 244 a simple description can be entered without copying the text of the law,

• 245, 247, 040-045 and 047: information from Section (e) of the EAW shall be entered,

• 267: information from Section (f) shall be entered. The text of the relevant legal provisions shall not be copied,

• 249: the relevant information from Section (g) shall be entered. If there is no request for seizure of property, the field shall be left empty,

• 250: the relevant information from Section (g) shall be entered. If known, also the location of the property shall be mentioned,

• 268: the relevant information from Section (h) shall be entered,

• 260-264: the relevant information from Section (i) shall be entered,

• 269-271: the relevant information from Section (i) shall be entered but only in case it is different from fields 251, 252 and 032),

• 400 and 403: additional documents may be attached.

3.5.2. Supplementary information to be sent with regards to provisional arrest

3.5.2.1. When issuing an alert based on both an EAW and an ER

When issuing the alert for arrest for extradition purposes, supplementary information shall be sent to all Member States using an A form. If the data in the alert and the supplementary information sent to Member States with regard to an EAW is not sufficient for extradition purposes, additional information shall be provided.

In field 239 it shall be indicated that the form relates to both an EAW and an ER.

3.5.2.2. When issuing an alert based on ER only

When issuing the alert for arrest for extradition purposes, supplementary information shall be sent to all Member States using an A form.

In field 239 it shall be indicated that the form relates to an ER.

3.6. Adding a flag

For general rules see Section 2.6.

If at least one of the EAWs or ERs attached to the alert can be executed, the alert shall not be flagged.

A flagged alert shall be regarded as being issued for the purposes of communicating the whereabouts of the person for whom it was issued.

3.7. Action by SIRENE Bureaux upon receipt of an alert for arrest

When a SIRENE Bureau receives an A form, it shall, as soon as possible, search all available sources to try and locate the subject. If the information provided by the issuing Member State is not sufficient for acceptance by the receiving Member State, this shall not prevent the searches being carried out.

If the alert for arrest is validated and the subject is located or arrested in the Member State, then the information contained in the A form should be forwarded to the competent authority of the Member State which executes the EAW or the ER. If the original EAW or ER is requested, it should be sent by the issuing judicial authority directly to the executing judicial authority (unless otherwise provided for in the national law of the issuing or executing Member State).

3.8. The exchange of information after a hit

See general procedure in Section 2.3.

In addition, the following procedure shall apply:

(a)

a ‘hit’ on an individual for whom an alert for arrest has been issued should always be communicated immediately to the SIRENE Bureau of the issuing Member State. Moreover, after sending the G form, it should also communicate the hit to the SIRENE Bureau of the issuing Member State by telephone;

(b)

if necessary the SIRENE Bureau of the issuing Member State shall then send any relevant, specific information on the particular measures that shall be taken by the SIRENE Bureau of the executing Member State.

In addition, the SIRENE Bureau of the issuing Member State shall inform all other SIRENE Bureaux of the hit, using an M form, provided that the hit occurred within two weeks of the date that the alert was issued. After this period, the information shall only be sent to these Member States that requested it.

(1)

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