Considerations on COM(2021)472 - Application of the provisions of the Schengen acquis in the area of Schengen Information System in Cyprus

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dossier COM(2021)472 - Application of the provisions of the Schengen acquis in the area of Schengen Information System in Cyprus.
document COM(2021)472 EN
date April 25, 2023
 
(1) Article 3(2) of the 2003 Act of Accession sets out that the provisions of the Schengen acquis not referred to in Article 3(1) of that Act, is to apply in Cyprus only pursuant to a Council decision to that effect, after verification, in accordance with the applicable Schengen evaluation procedures, that the necessary conditions for the application of all parts of the relevant acquis have been met in Cyprus, including the effective application of all Schengen rules in accordance with the agreed common standards and with fundamental principles.

(2) The applicable Schengen evaluation procedures are set out in Council Regulation (EU) No 1053/2013 9 . Such an evaluation, however, must take into consideration the special circumstances of Cyprus, as recognised in Protocol No. 10 of the 2003 Act of Accession. In addition, in its declaration of readiness, Cyprus reiterated its commitment once the evaluation is concluded, to be submitted to regular further Schengen evaluations on the aspects of the Schengen acquis that will be made applicable by the Council up to that time.

(3) The Schengen evaluation relating to data protection was carried out in Cyprus in November 2019. An evaluation report adopted by Commission Implementing Decision C(2020)8150 in accordance with Article 14(5) of Regulation (EU) No 1053/2013 of 7 October 2013, confirmed that the necessary conditions for the application of the Schengen acquis relating to data protection have been met in Cyprus.

(4) In accordance with Article 1(1) of Commission Implementing Decision (EU) 2015/450 10 it has been verified that, from a technical point of view, the national system of Cyprus is ready to integrate into the Schengen Information System.

(5) Cyprus thus having made the necessary technical and legal arrangements to process Schengen Information System data and exchange supplementary information, it is now possible for the Council to set the date from which the Schengen acquis relating to the Schengen Information System shall apply in Cyprus.

(6) This Decision should allow for Schengen Information System data to be transferred to Cyprus. The concrete use of those data should allow the Commission to verify the correct application of the provisions of the Schengen acquis relating to the Schengen Information System in Cyprus. Once it has been verified that the necessary conditions for the application of all parts of the Schengen acquis have been met in Cyprus, the Council should decide on the lifting of checks at the internal borders.

(7) A separate Council Decision should be adopted setting a date for the lifting of checks at internal borders with Cyprus. Until the date set out in that Decision, certain restrictions on the use of the Schengen Information System in Cyprus should be imposed.

(8) As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning their association with the implementation, application and development of the Schengen acquis 11 which fall within the area referred to in point G of Article 1 of Council Decision 1999/437/EC. 12

(9) As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis 13 , which fall within the area referred to in point G of Article 1 of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC 14 and with Article 3 of Council Decision 2008/149/JHA 15 .

(10) As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis 16 , which fall within the area referred to in point G of Article 1 of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/349/EU 17 and Article 3 of Council Decision 2011/350/EU 18 .