BAKGRUNN (fra rådsbeslutningen)

(1) Article 3(2) of the 2003 Act of Accession provides that the provisions of the Schengen acquis not referred to in Article 3(1) of that Act are 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.

(2) The applicable Schengen evaluation procedures are set out in Council Regulation (EU) 2022/922, which replaced Council Regulation (EU) No 1053/2013. An evaluation carried out in accordance with those procedures is, however, to take into consideration the special circumstances of Cyprus, as recognised in Protocol No 10 to the 2003 Act of Accession. In its declaration of readiness, Cyprus reiterated its commitment, once such an evaluation has been concluded, to undergo regular further Schengen evaluations on the aspects of the Schengen acquis made applicable by the Council.

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

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

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

(6) This Decision should allow for SIS data to be transferred to Cyprus. The concrete use of such data should allow the Commission to verify the correct application of the provisions of the Schengen acquis relating to the SIS 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 internal borders with Cyprus.

(7) The Council should adopt a separate decision setting a date for the lifting of checks at internal borders with Cyprus. Certain restrictions on the use of the SIS in Cyprus should be imposed until that date.

(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 the latters’ association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point G, of Council Decision 1999/437/EC.

(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 which fall within the area referred to in Article 1, point G, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC and Article 3 of Council Decision 2008/149/JHA.

(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 which fall within the area referred to in Article 1, point G, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/349/EU and Article 3 of Council Decision 2011/350/EU,