Article 3
1. The expulsion referred to in Article 1 shall apply to the following cases: (a) a third country national is the subject of an expulsion decision based on a serious and present threat to public order or to national security and safety, taken in the following cases: - conviction of a third country national by the issuing Member State for an offence punishable by a penalty involving deprivation of liberty of at least one year, - the existence of serious grounds for believing that a third country national has committed serious criminal offences or the existence of solid evidence of his intention to commit such offences within the territory of a Member State. Without prejudice to Article 25(2) of the Schengen Convention, if the person concerned holds a residence permit issued by the enforcing Member State or by another Member State, the enforcing State shall consult the issuing State and the State which issued the permit. The existence of an expulsion decision taken under this point shall allow for the residence permit to be withdrawn if this is authorised by the national legislation of the State which issued the permit; (b) a third country national is the subject of an expulsion decision based on failure to comply with national rules on the entry or residence of aliens. In the two cases referred to in (a) and (b), the expulsion decision must not have been rescinded or suspended by the issuing Member State. 2. Member States shall apply this Directive with due respect for human rights and fundamental freedoms. 3. This Directive shall be applied without prejudice to the provisions of the Convention Determining the State Responsible for Examining Applications for Asylum Lodged in one of the Member States of the European Communities and readmission agreements between Member States.