42000X0922(03)

The Schengen acquis - Declaration of the Executive Committee of 9 February 1998 on the abduction of minors (SCH/Com-ex (97) decl. 13, rev. 2)

Official Journal L 239 , 22/09/2000 P. 0436 - 0436

DECLARATION OF THE EXECUTIVE COMMITTEE

of 9 February 1998

on the abduction of minors

(SCH/Com-ex (97) Decl. 13 Rev. 2)

THE EXECUTIVE COMMITTEE,

Whereas the abduction of minors or the unlawful removal of a minor by one of the parents from the person to whom the right of custody has been attributed is a matter of real concern for the Contracting Parties to the Convention implementing the Schengen Agreement;

Taking into account Article 93 of the abovementioned Convention, which declares that the purpose of the Schengen Information System shall be to maintain public policy and public security and to apply the provisions of this Convention relating to the movement of persons;

Whereas it is up to the State concerned to decide in accordance with national provisions whether an alert may be entered into the Schengen Information System on the abductor or the parent unlawfully removing the minor from the person awarded legal custody;

Whereas it is not possible to include the necessary information in the alert on the minor pursuant to Article 97 of the said Convention;

Whereas a uniform solution should be found so that a minor who has been abducted or unlawfully removed by one of the parents from the person awarded legal custody can be located and returned to that person as quickly as possible,

RECOMMENDS AS FOLLOWS:

1. Where a minor is unlawfully removed by one of the parents or by a third party from the care of the persons awarded custody it is advisable, in any event, to enter an alert on the minor pursuant to Article 97.

2. This alert shall be accompanied by an M form which shall be sent to all Sirene Bureaux and shall contain full details of the circumstances surrounding the disappearance as well as information for the identification of the abductor and the person(s) or institution legally accorded the right of education or the right of custody.

3. In the event that this information, for reasons appertaining to national procedures, cannot be sent as provided for under point 2, in the event of a hit it should be forwarded as soon as possible to the Sirene Bureau of the State which obtained the hit.

4. That the authorities entering the alerts into the Schengen Information System follow this procedure and send the relevant Sirene Bureau all the necessary information so that this may then be diffused via an M form.

5. That it is equally imperative that the authorities responsible for border control at the external borders systematically check the identity papers and the travel documents of minors. This is particularly important if minors are travelling in the company of just one adult.

6. That, as far as possible, documents should also be checked in the course of controls or similar procedures within the territory.