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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 05.10.2007.–01.08.2013.
Amendments not included: 30.07.2013., 23.08.2016., 15.01.2019.

Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

 

Republic of Latvia

Cabinet
Regulation No. 639
Adopted 18 September 2007

Procedures for the Entering, Correction and Deletion of Alerts in the Schengen Information System, as well as Ensuring Accessibility of Supplementary Information between the SIRENE Latvia Bureau and Procedures for the Exchange of Supplementary Information of Institutions and Authorities

Issued pursuant to
Section 8, Paragraph two,
Section 9, Paragraph three and
and Section 10, Paragraph five of
the Law on Operation of the Schengen Information System

I. General Provisions

1. These Regulations prescribe the procedures for the entering, correction and deletion of alerts in the Schengen Information System (hereinafter - System), ensuring of accessibility of supplementary information to the SIRENE Latvia Bureau (hereinafter - Bureau), as well as procedures for the exchange of supplementary information between institutions and authorities.

2. In order to ensure the processing of alerts in the System under an automated or online data transmission regime, the Information Centre of the Ministry of the Interior shall enter into contracts with institutions and authorities, in the competence of which is data processing in the System. The procedures for the exchange of data, conditions of data security and obligations of the parties shall be determined in the contract.

3. The Information Centre of the Ministry of the Interior shall grant the rights to the officials of the institutions and authorities, indicated in the Law on Operation of the Schengen Information System, to process the alerts in conformity with the competence of the institutions and authorities specified in these Regulations. The referred to rights shall be granted, on the basis of an application of the director of the institutions or authorities.

II. Entry of Alerts in the System and the Ensuring and Exchange of Supplementary Information

4. An alert shall be entered in the System after it has been created in accordance with the procedures specified in these Regulations and the Bureau has approved the entering of the alert in the System. An alert for the seizure of an object or document shall be entered in the System without the approval of the Bureau if another alert has not been entered in the System that would prevent the coexistence of both alerts.

5. The alert shall be created under an automated data transmission regime. If the creation of the alert under an automated data transmission regime is not possible, the alert shall be prepared under the online data transmission regime.

6. An alert shall be created by an institution or authority, the official of which has taken the decision regarding entering of the alert in the System. The alert shall be created immediately, but not later than on the next working day after the decision regarding entering of the alert in the System has been taken.

7. If the decision regarding entering of an alert in the System has been taken by a prosecutor or judge, the referred to decision for entering of the alert may be sent to a pre-trial investigation institution to which has been granted the right to create an alert. The pre-trial investigation institution shall create the relevant alert immediately, but not later than on the next working day following the receipt of the decision regarding entering of the alert in the System.

8. An official, who has taken the decision regarding entering of an alert in the System in order to refuse the entry and stay of a person in the Member States, shall send it to the Office of Citizenship and Migration Affairs within a time period of one working day after the taking of the decision. The Office of Citizenship and Migration Affairs shall prepare the relevant alert immediately, but not later than on the next working day after the receipt of the decision regarding entering of the alert in the System.

9. An alert for the seizure of invalid documents or State registration number plates of a vehicle in order to prevent an illegal use shall be prepared automatically as soon as the document or State registration number plates of a vehicle have been recognised as invalid and a note regarding the change of the status of the document or State registration number plate of a vehicle has been made in the Latvian database.

10. The following shall be indicated in the alert regarding a person, object or document:

10.1. the identification number of the alert;

10.2. the purpose of the alert; and

10.3. the action (activity) to be taken after the finding of the person, object or document indicated in the alert.

11. The following information shall be indicated in an alert regarding the person in addition to the data referred to in Paragraph 10 of these Regulations:

11.1. given name (names);

11.2. surname;

11.3. specific permanent physical characteristics (if known);

11.4. the date of birth;

11.5. the place of birth (if known);

11.6. sex (if known);

11.7. nationality; and

11.8. specific indications regarding the person (for example, whether the person concerned is violent, the person concerned is armed, has escaped from a place of imprisonment) (if known).

12. In addition to the data referred to in Paragraph 10 of these Regulations the following information shall be entered in an alert regarding a motor vehicle the motor operational capacity of which exceeds 50 cm3, trailer the unladen mass of which exceeds 750 kg, caravan, vessel, aircraft, industrial equipment and outboard engines:

12.1. the category of the object;

12.2. the make;

12.3. the model (if known);

12.4. the colour (if known);

12.5. the serial number (the chassis number);

12.6. the registration number (if known);

12.7. the state of registration; and

12.8. specific characteristics (if known).

13. The following information shall be indicated in an alert regarding a firearm in addition to the data referred to in Paragraph 10 of these Regulations:

13.1. the category of the object;

13.2. the make (if known);

13.3. the model (if known);

13.4. the calibre (if known); and

13.5. the series and number.

14. The following information shall be indicated in an alert regarding blank documents in addition to the data referred to in Paragraph 10 of these Regulations:

14.1. the category of the object;

14.2. the series and number of the blank document; and

14.3. nationality.

15. The following information shall be indicated in an alert regarding a document in addition to the data referred to in Paragraph 10 of these Regulations:

15.1. the category of the object;

15.2. the series and number of the document;

15.3. the given name (names) and surname or title of the holder of the document;

15.4. the date of birth of the holder of the document (if known);

15.5. the issuing state; and

15.6. the date on which the document was alienated by criminal means or lost.

16. The following information shall be indicated in an alert regarding a bank note (registered note) in addition to the data referred to in Paragraph 10 of these Regulations:

16.1. the type of currency;

16.2. the number of the bank note (registered note);

16.3. the face value; and

16.4. specific characteristics (if known).

17. The following information shall be indicated in an alert regarding the State registration number plate of a vehicle in addition to data referred to in Paragraph 10 of these Regulations:

17.1. the category of the object;

17.2. the State registration number;

17.3. nationality; and

17.4. the event in relation to which the alert has been entered in the System (alienated by criminal means or lost State registration number plate of a vehicle).

18. An institution or authority, when creating an alert (except an alert for the seizure of invalid documents or State registration number plate of a vehicle in order to prevent an illegal use), shall enter the following information in the Latvian database:

18.1. the name of the institution or authority, the official of which has taken the decision regarding the entering of the alert in the System;

18.2. the date when the decision regarding the entering of the alert in the System has been taken and the registration number, number of criminal case or number of the investigatory record case; and

18.3. the description of the event or file containing the decision regarding entering of the alert in the System.

19. The institution or authority, the official of which is competent to take the decision regarding the entering of an alert in the System, shall provide the Bureau with:

19.1. information regarding the substance of the case in relation to the entering of the alert in the System if the referred to information has not been indicated according to the procedures specified in Sub-paragraph 18.3 of these Regulations;

19.2. information that may help to ascertain the location of a person, object or document in another Member State - as soon as such information has been received;

19.3. information or materials that may assist in identification of a person, object or document if the referred to information or materials were not accessible in databases in the online regime when the alert was created - as soon as such information or materials have been received; and

19.4. information regarding the planned action after the finding of a person, object or document if the action has not been indicated in the description of the event referred to in Sub-paragraph 18.3 of these Regulations or in the decision regarding the entering of the alert in the System.

20. If the prosecutor or judge has designated the pre-trial investigation institution to create an alert, the relevant pre-trial investigation institution, when creating the alert, shall provide the Bureau with information referred to in Paragraph 19 of these Regulations. In relation to an alert that has been created in order to refuse a person entry and stay in the Member States, the information referred to in Paragraph 19 of these Regulations shall be provided to the Bureau by the Office of Citizenship and Migration Affairs.

21. The information referred to in Sub-paragraph 19.4 of these Regulations may not be provided if the alert is entered in the System in order to:

21.1. refuse a person entry and stay in the Member States;

21.2. obtain information regarding a person or object in a discrete manner, when conducting a check;

21.3. obtain information regarding a person or object in a discrete manner; and

21.4. determine the location of a person.

22. Within a time period of three days after the entering of the information referred to in Paragraph 18 of these Regulations in Latvian database, the Bureau shall assess whether entering of the alert in the System conforms with the requirements of the regulatory enactments regulating operation of the System and shall conduct one of the following actions:

22.1. if it has been determined that all necessary information has not been received in order to decide upon the matter regarding whether entering of the relevant alert in the System shall be approved - entering of the alert in the System shall not be approved and supplementary information shall be requested from the institution or authority referred to in Paragraph 19 or 20 of these Regulations;

22.2. if entering of the alert in the System does not conform with the requirements of the regulatory enactments regulating operation of the System - entering of the alert in the System shall not be approved and the institution or authority, the official of which is competent to take the decision regarding entering of the relevant alert in the System, shall be informed (specifying the reasons of such action);

22.3. if another Member State has entered in the System an alert regarding the same person, object or document and coexistence of these alerts in the System is not permissible - entering of the alert in the System shall not be approved, informing thereof the institution or authority, the official of which is competent to take the decision regarding entering of the relevant alert in the System;

22.4. if an alert of higher priority, prepared by the institution or authority of the Republic of Latvia, regarding the same person, object or document has been entered in the System - entering of the alert in the System shall not be approved, informing thereof the institutions and authorities, the officials of which are competent to take the decisions regarding entering of the relevant alerts in the System;

22.5. if an alert of lower priority, prepared by the institution or authority of the Republic of Latvia, regarding the same person, object or document has been entered in the System - entering of the alert in the System shall be approved, prior to that deleting the alert of lower priority in the System and informing thereof the institutions and authorities, the officials of which are competent to take the decisions regarding entering of the relevant alerts in the System; and

22.6. if none of the cases referred to in Sub-paragraphs 22.1, 22.2, 22.3 and 22.4 of these Regulations have been determined - entering of the relevant alert in the System shall be approved.

23. If the Bureau does not approve entering of the alert in the System due to the reason referred to in Sub-paragraph 22.1 of these Regulations, the conformity of entering of the alert in the System with the requirements of the regulatory enactments regulating operation of the System shall be assessed by the Bureau within a time period of three days after the receipt of the required supplementary information and shall carry out one of the activities referred to in Paragraph 22 of these Regulations.

24. If the Bureau does not approve entering of the alert in the System due to the reason referred to in Sub-paragraphs 22.3 and 22.4 of these Regulations, the conformity of entering of the alert in the System with the requirements of the regulatory enactments regulating operation of the System shall be assessed by the Bureau within a time period of three days after the alert that did not permit entering of the relevant alert in the System has been deleted in the System and shall carry out one of the activities referred to in Paragraph 22 of these Regulations.

25. The alert shall be entered in the System:

25.1. for a specified or unspecified time period - regarding persons;

25.2. for a period of time not exceeding five years - regarding objects if the referred to alert is entered in the System in order to obtain information in a discrete manner, carrying out an examination, or to obtain information in a discrete manner; and

25.3. for a period of time not exceeding 10 years - regarding objects or documents if the referred to alert is entered in the System in order to take them out or utilise as evidence in criminal proceedings.

26. If the time is known when the necessity to achieve the purpose specified in the alert shall lapse or the achievement thereof shall not be possible to ensure, the official, who is competent to take the decision regarding the alert referred to in Sub-paragraph 25.1 of these Regulations, the time until which the alert has to be entered in the System shall be indicated. The official, who is competent to take the decision regarding the alert referred to in Sub-paragraph 25.2 or 25.3 of these Regulations, shall indicate the time until which the relevant alert has to be entered in the System, if the time, when the necessity to achieve the purpose specified in the relevant alert shall lapse or it shall not be possible to ensure the achievement thereof, is less than the term referred to in Sub-paragraph 25.2 or 25.3.

27. The official, who is competent to take the decision regarding entering of the alert referred to in Sub-paragraph 25.1 of these Regulations in the System, shall assess the necessity of the relevant alert and shall approve maintenance thereof in the System:

27.1. each year (when a whole year is over after entering of the alert in the System) if the alert is entered in the System in order to obtain information in a discrete manner, carrying out an examination, or to obtain information in a discrete manner; or

27.2. every three years from the entering of the alert in the System.

III. Correction and Deletion of Alerts

28. If the official of institution or authority, who is competent to take the decision regarding the entering of the alert in the System or to recognise a document or State registration number plate of a vehicle as invalid, obtains data that is not entered in the alert or determines that data entered in the alert are false, the relevant institution or authority shall correct the alert.

29. If the prosecutor or judge, who is competent to take the decision regarding entering of the alert in the System, obtains data that are not entered in the alert or determines that data entered in the alert are false may assign the duty to correct the alert to the pre-trial investigation institution, to which the right to prepare the alert have been granted.

30. If the official, who is competent to take the decision regarding entering of the alert in the System in order to prevent a person from the possibility to enter and stay in the Member States, obtains data that are not entered in the alert or determines that data entered in the alert are false shall assign the duty to correct the alert to the Office of Citizenship and Migration Affairs.

31. The relevant institution or authority shall immediately inform the Bureau regarding the carried out corrections.

32. If the official of such institution or authority, who is not referred to in Paragraph 28 or 30 of these Regulations, determines that the data entered in the alert are false, it shall immediately inform the Bureau.

33. If the Bureau determines that the alert entered in the System does not conform with the requirements of the regulatory enactments regulating operation of the System or data entered in the alert are false, the Bureau shall inform the official, who is competent to take the decision regarding entering of the alert in the System or to recognise a document or State registration number plate of a vehicle as invalid. The official shall delete or correct the alert. if the referred to alert is not deleted or corrected within a time period of one working day after informing of the relevant official, the Bureau shall delete the alert in the System.

34. The alert shall be deleted by the institution or authority, the official of which is competent to take the decision regarding entering of the relevant alert in the System if the decision regarding entering of the alert in the System is revoked.

35. If the taking of the decision regarding entering of the alert in the System is within the competence of the prosecutor or judge, the duty to delete the alert may be assigned to the pre-trial investigation institution, to which the right to delete the alert have been granted.

36. The alert that has been entered in the System in order to prevent the possibility to enter and stay in the Member States shall be corrected and deleted by the Office of Citizenship and Migration Affairs after the receipt of a written request from the official thereof, who is competent to take the relevant decision regarding entering of the alert in the System.

37. The alert shall be deleted automatically if:

37.1. entry equivalent to the alert has been deleted in the Latvian database;

37.2. the term for maintenance of the alert in the System has ended; and

37.3. the necessity to maintain the alert in the System has not been approved within the term referred to in Paragraph 27 of these Regulations.

38. One month prior to the commencing of the term referred to in Paragraph 27 of these Regulations, the System shall automatically notify the institution or authority, the official of which has prepared the alert.

39. If the institution or authority, which has received a warning regarding automatic deletion of the alert in the System, is not competent to take the decision regarding entering of the alert in the System, it shall immediately inform the institution or authority, the official of which is competent to take the relevant decision.

IV. Closing Provisions

40. Paragraphs 8 and 36 of these Regulations shall be applied only after the coming into force of the decision of the Council of Europe regarding abolition of border checks at the internal borders of the European Union.

41.The alerts regarding State registration number plates of a vehicle shall be entered in the System after the coming into force of the decision of the Council of Europe regarding performance of technical support of entering of the relevant alert.

Prime Minister A. Kalvītis

Acting for the Minister for the Interior,
Minister for Special Assignments for Social Integration Matters O.Kastēns

 


Translation © 2008 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 639Adoption: 18.09.2007.Entry into force: 05.10.2007.Publication: Latvijas Vēstnesis, 160, 04.10.2007.
Language:
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