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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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4.6.Exchange of information following a hit on a third-country national who is a beneficiary of the Community right of free movement

If there is a hit on a third-country national who is beneficiary of the Community right of free movement within the meaning of Directive 2004/38/EC(2):

(a)

at the request of the competent authority, the SIRENE of the executing Member State shall immediately contact the SIRENE of the issuing Member State using a G form in order to obtain the information necessary to decide without delay on the action to be taken,

(b)

upon receipt of a request for information, the SIRENE of the issuing Member State shall immediately start gathering the required information and send it as soon as possible to the SIRENE of the executing Member State,

(c)

the executing Member State shall inform via its SIRENE Bureau the SIRENE Bureau of the issuing Member State whether the requested action to be taken was carried out (using G form) or not (using H form).

(1)

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

(2)

According to Directive 2004/38/EC, a person benefiting from the Community right of free movement may only be refused entry or stay on the grounds of public policy or public security when their personal conduct represents a genuine, immediate, and sufficiently serious threat affecting one of the fundamental interests of society and when the other criteria laid down in Article 27 (2) of this Directive are respected. 27(2) stipulates: ‘Measures taken on grounds of public policy or public security shall comply with the principle of proportionality and shall be based exclusively on the personal conduct of the individual concerned. Previous criminal convictions shall not in themselves constitute grounds for taking such measures. The personal conduct of the individual concerned must represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. Justifications that are isolated from the particulars of the case or that rely on considerations of general prevention shall not be accepted.’ Moreover, there are additional limitations for persons enjoying the right of permanent residence who can only be refused entry or stay on serious grounds of public policy or public security as stated in Article 28(2) of the Directive.

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