1. Alerts on persons, on the objects referred to in points (a), (b), (c), (e), (g), (h), (j), (k) and (l) of Article 38(2) and on non-cash means of payment shall be entered in accordance with the national law of the issuing Member State, for the purposes of discreet checks, inquiry checks or specific checks in accordance with Article 37(3), (4) and (5).
2. When entering alerts for discreet checks, inquiry checks or specific checks and where the information sought by the issuing Member State is additional to that provided for in points (a) to (h) of Article 37(1), the issuing Member State shall add to the alert all the information that is sought. If that information relates to special categories of personal data referred to in Article 10 of Directive (EU) 2016/680, it shall only be sought if it is strictly necessary for the specific purpose of the alert and in relation to the criminal offence for which the alert has been entered.
3. Alerts on persons for discreet checks, inquiry checks or specific checks may be entered for the purposes of preventing, detecting, investigating or prosecuting criminal offences, executing a criminal sentence and preventing threats to public security in one or more of the following circumstances:
(a)
where there is a clear indication that a person intends to commit or is committing any of the offences referred to in Article 2(1) and (2) of the Framework Decision 2002/584/JHA;
(b)
where the information referred to in Article 37(1) is necessary for the execution of a custodial sentence or detention order regarding a person convicted of any of the offences referred to in Article 2(1) and (2) of the Framework Decision 2002/584/JHA;
(c)
where an overall assessment of a person, in particular on the basis of past criminal offences, gives reason to believe that that person may commit the offences referred to in Article 2(1) and 2(2) of the Framework Decision 2002/584/JHA in the future.
4. In addition, alerts on persons for discreet checks, inquiry checks or specific checks may be entered in accordance with national law at the request of the authorities responsible for national security where there is a concrete indication that the information referred to in Article 37(1) is necessary in order to prevent a serious threat posed by the person concerned or other serious threats to internal or external national security. The Member State which entered the alert in accordance with this paragraph shall inform the other Member States of such an alert. Each Member State shall determine to which authorities this information shall be transmitted. The information shall be transmitted through the SIRENE Bureaux.
5. Where there is a clear indication that the objects referred to in points (a), (b), (c), (e), (g), (h), (j), (k) and (l) of Article 38(2) or non-cash means of payment are connected with the serious crimes referred to in paragraph 3 of this Article or the serious threats referred to in paragraph 4 of this Article, alerts on those objects may be entered and linked to the alerts entered in accordance with paragraphs 3 and 4 of this Article.
6. The Commission shall adopt implementing acts to lay down and develop the technical rules necessary for entering, updating, deleting and searching the data referred to in paragraph 5 of this Article as well as the additional information referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).