1. For the purposes of discreet checks, inquiry checks or specific checks, the executing Member State shall collect and communicate to the issuing Member State all or some of the following information:
(a)
the fact that the person who is the subject of an alert has been located, or that 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 which are the subject of an alert have been located;
(b)
the place, time and reason for the check;
(c)
the route of the journey and destination;
(d)
the persons accompanying the subject of the alert or the occupants of the vehicle, boat or aircraft, or the persons accompanying the holder of the blank official document or issued identity document who can reasonably be expected to be associated with the subject of the alert;
(e)
any identity revealed and any personal description of the person using the blank official document or issued identity document that is the subject of the alert;
(f)
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 used;
(g)
objects carried, including travel documents;
(h)
the circumstances in which the person, the objects referred to in points (a), (b), (c), (e), (g), (h), (j), (k) and (l) of Article 38(2) or the non-cash means of payment were located;
(i)
any other information being sought by the issuing Member State in accordance with Article 36(2).
If the information referred to in point (i) of the first subparagraph of this paragraph relates to special categories of personal data referred to in Article 10 of Directive (EU) 2016/680, it shall be processed in accordance with the conditions set out in that Article and only if it supplements other personal data processed for the same purpose.
2. The executing Member State shall communicate the information referred to in paragraph 1 through the exchange of supplementary information.
3. A discreet check shall comprise the discreet collection of as much information described in paragraph 1 as possible during routine activities carried out by the national competent authorities of the executing Member State. The collection of this information shall not jeopardise the discreet nature of the checks and the subject of the alert shall in no way be made aware of the existence of the alert.
4. An inquiry check shall comprise an interview of the person, including on the basis of information or specific questions added to the alert by the issuing Member State in accordance with Article 36(2). The interview shall be carried out in accordance with the national law of the executing Member State
5. During specific checks, persons, vehicles, boats, aircraft, containers and carried objects may be searched for the purposes referred to in Article 36. Searches shall be carried out in accordance with the national law of the executing Member State.
6. Where specific checks are not authorised by the national law of the executing Member State, they shall be replaced by inquiry checks in that Member State. Where inquiry checks are not authorised by the national law of the executing Member State, they shall be replaced by discreet checks in that Member State. Where Directive 2013/48/EU applies, Member States shall ensure that the right of suspects and accused persons to have access to a lawyer is respected under the conditions set out in that Directive.
7. Paragraph 6 is without prejudice to the obligation of Member States to make available to end-users information sought under Article 36(2).