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Council Decision 2007/533/JHAShow full title

Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II)

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CHAPTER IXALERTS ON OBJECTS FOR SEIZURE OR USE AS EVIDENCE IN CRIMINAL PROCEEDINGS

Article 38Objectives and conditions for issuing alerts

1.Data on objects sought for the purposes of seizure or use as evidence in criminal proceedings shall be entered in SIS II.

2.The following categories of readily identifiable objects shall be entered:

(a)motor vehicles with a cylinder capacity exceeding 50cc, boats and aircrafts;

(b)trailers with an unladen weight exceeding 750 kg, caravans, industrial equipment, outboard engines and containers;

(c)firearms;

(d)blank official documents which have been stolen, misappropriated or lost;

(e)issued identity papers such as passports, identity cards, driving licenses, residence permits and travel documents which have been stolen, misappropriated, lost or invalidated;

(f)vehicle registration certificates and vehicle number plates which have been stolen, misappropriated, lost or invalidated;

(g)banknotes (registered notes);

(h)securities and means of payment such as cheques, credit cards, bonds, stocks and shares which have been stolen, misappropriated, lost or invalidated.

3.The technical rules necessary for entering, updating, deleting and searching the data referred to in paragraph 2 shall be established in accordance with the procedure referred to in Article 67, without prejudice to the provisions of the instrument setting up the Management Authority.

Article 39Execution of the action based on an alert

1.If a search brings to light an alert for an object which has been located, the authority which matched the two items of data shall contact the authority which issued the alert in order to agree on the measures to be taken. For this purpose, personal data may also be communicated in accordance with this Decision.

2.The information referred to in paragraph 1 shall be communicated through the exchange of supplementary information.

3.The Member State which located the object shall take measures in accordance with national law.

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