РЕГЛАМЕНТ (ЕС) N 1987/2006 ЕВРОПЕЙСКОГО ПАРЛАМЕНТА И СОВЕТА ОБ УЧРЕЖДЕНИИ, ФУНКЦИОНИРОВАНИИ И ИСПОЛЬЗОВАНИИ ШЕНГЕНСКОЙ ИНФОРМАЦИОННОЙ СИСТЕМЫ ВТОРОГО ПОКОЛЕНИЯ (СИС II) <**>. Регламент. Европейский Союз. 20.12.06 1987/2006

Article 24
               Conditions for issuing alerts on refusal
                           of entry or stay

     1.  Data  on  third-country nationals in respect of whom an alert
has  been  issued  for the purposes of refusing entry or stay shall be
entered  on  the  basis  of a national alert resulting from a decision
taken  by  the  competent  administrative  authorities  or  courts  in
accordance with the rules of procedure laid down by national law taken
on  the  basis  of  an  individual  assessment.  Appeals against these
decisions shall lie in accordance with national legislation.
     2.  An  alert  shall be entered where the decision referred to in
paragraph  1  is based on a threat to public policy or public security
or  to  national  security  which  the  presence  of the third-country
national in question in the territory of a Member State may pose. This
situation shall arise in particular in the case of:
     (a)  a  third-country national who has been convicted in a Member
State  of  an  offence  carrying  a  penalty  involving deprivation of
liberty of at least one year;
     (b) a third-country national in respect of whom there are serious
grounds for believing that he has committed a serious criminal offence
or  in  respect of whom there are clear indications of an intention to
commit such an offence in the territory of a Member State.
     3.  An alert may also be entered when the decision referred to in
paragraph  1  is based on the fact that the third-country national has
been  subject  to  a  measure involving expulsion, refusal of entry or
removal which has not been rescinded or suspended, that includes or is
accompanied  by  a  prohibition  on  entry  or,  where  applicable,  a
prohibition  on  residence, based on a failure to comply with national
regulations on the entry or residence of third-country nationals.
     4.  This  Article  shall  not  apply  in  respect  of the persons
referred to in Article 26.
     5.  The  Commission  shall review the application of this Article
three years after the date referred to in Article 55 (2). On the basis
of that review, the Commission shall, using its right of initiative in
accordance with the Treaty, make the necessary proposals to modify the
provisions of this Article to achieve a greater level of harmonisation
of the criteria for entering alerts.