Regulation (EU) 2018/1862 of the European Parliament and of the CouncilShow full title

Article 32 U.K. Objectives and conditions for entering alerts

1. Alerts on the following categories of persons shall be entered in SIS at the request of the competent authority of the issuing Member State:

(a) missing persons who need to be placed under protection:

(i)

for their own protection;

(ii)

in order to prevent a threat to public order or public security;

(b) missing persons who do not need to be placed under protection;

(c) children at risk of abduction by a parent, a family member or a guardian, who need to be prevented from travelling;

(d) children who need to be prevented from travelling owing to a concrete and apparent risk of them being removed from or leaving the territory of a Member State and:

(i)

becoming victims of trafficking in human beings, or of forced marriage, female genital mutilation or other forms of gender-based violence;

(ii)

becoming victims of or involved in terrorist offences; or

(iii)

becoming conscripted or enlisted into armed groups or being made to participate actively in hostilities;

(e) vulnerable persons who are of age and who need to be prevented from travelling for their own protection owing to a concrete and apparent risk of them being removed from or leaving the territory of a Member State and becoming victims of trafficking in human beings or gender-based violence.

2. Point (a) of paragraph 1 shall apply in particular to children and to persons who have to be institutionalised following a decision by a competent authority.

3. An alert on a child referred to in point (c) of paragraph 1 shall be entered following a decision by the competent authorities, including judicial authorities of the Member States having jurisdiction in matters of parental responsibility, where a concrete and apparent risk exists that the child may be unlawfully and imminently removed from the Member State where the competent authorities are situated.

4. An alert on persons referred to in points (d) and (e) of paragraph 1 shall be entered following a decision by the competent authorities, including judicial authorities.

5. The issuing Member State shall regularly review the need to maintain the alerts referred to in points (c), (d) and (e) of paragraph 1 of this Article in accordance with Article 53(4).

6. The issuing Member State shall ensure all of the following:

(a) that the data it enters in SIS indicate which of the categories referred to in paragraph 1 the person concerned by the alert falls into;

(b) that the data it enters in SIS indicate which type of case is involved, wherever the type of case is known; and

(c) that, in relation to alerts entered in accordance with points (c), (d) and (e) of paragraph 1, its SIRENE Bureau has all relevant information at its disposal at the time of the creation of the alert.

7. Four months before a child who is the subject of an alert under this Article reaches the age of majority in accordance with the national law of the issuing Member State, CS-SIS shall automatically notify the issuing Member State that either the reason for the alert and the action to be taken have to be updated or the alert has to be deleted.

8. Where there is a clear indication that the objects referred to in points (a), (b), (c), (e), (g), (h), and (k) of Article 38(2) are connected with a person who is the subject of an alert pursuant to paragraph 1 of this Article, alerts on those objects may be entered in order to locate the person. In such cases, the alert on the person and the alert on the object shall be linked in accordance with Article 63.

9. The Commission shall adopt implementing acts to lay down and develop rules on the categorisation of the types of cases and the entering of data referred to in paragraph 6. The types of cases of missing persons who are children shall include, but not be limited to, runaways, unaccompanied children in the context of migration and children at risk of parental abduction.

The Commission shall also adopt implementing acts to lay down and develop technical rules necessary for entering, updating, deleting and searching the data referred to in paragraph 8.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).