PURPOSE : to amend the SIRENE Manual as regards the implementation of the Schengen Information System (SIS).
LEGISLATIVE ACT : Council Decision 2004/201/JHA on procedures for amending the Sirene Manual.
CONTENT : the Council adopted this Decision on the procedures for amending the SIENE manual. Pursuant to the provisions of the Schengen Convention, the national sections of the Member States cannot exchange SIS data directly between themselves; they may only exchange data via the technical support function in Strasbourg.
However, it is appropriate for certain supplementary information required for implementing certain provisions of the Schengen Convention correctly to be exchanged bilaterally or multilaterally.
It is necessary to establish a procedure for amending the Sirene Manual in accordance with the relevant provisions of the various Treaties. The legislative basis consists of 2 parts :
1) this Decision based on Articles 30(1)(a) and (b), 31(a) and (b) and 34 (2) (c) of the Treaty on European Union;
2) a Council Regulation based on Article 66 of the Treaty establishing the European Community (refer to CNS/2003/0807).
The reason for this is that, as set out in Article 92 of the Schengen Convention, the SIS is to enable the authorities designated by the Member States, by means of an automated search procedure, to have access to alerts on persons and property for the purposes of border checks and other police and customs checks carried out within the country in accordance with national law, as well as for the purposes of issuing visas, residence permits and the administration of legislation on aliens in the context of the application of the provisions of the Schengen acquis relating to the movement of persons.
The exchange of supplementary information required for the implementing of the provisions of the Schengen Convention carried out by the Sirene offices of each Member State, also serves these purposes, as well as assisting with police co-operation generally.
It is stressed that although the legislative basis consists of 2 separate instruments, this does not affect the principle that the SIS constitutes and should continue to constitute, one single, integrated, information system and that the Sirene offices should continue to carry out their task in an
integrated manner.
This Decision sets out procedures for the taking of measures necessary for its implementation which mirror the relevant provisions in the proposed Regulation so as to ensure that there will be one single implementing process for the amendment of the Siren Manual as a whole.
Lastly, territorial provisions are also provided concerning the participation of Iceland, Norway and the United Kingdom.
ENTRY INTO FORCE : 3 March 2004.�