Date: 2023-04-28Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2023/870 of 25 April 2023 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Cyprus
Executive Summary:
Council Decision EU 2023/870 addresses the application of the Schengen acquis relating to the Schengen Information System (SIS) in the Republic of Cyprus, following verification of necessary conditions. Starting June 13, 2023, specific alerts and data will be available to Cyprus, and from July 25, 2023, Cyprus can fully utilize and contribute to the SIS, with certain restrictions until internal border checks are lifted. The decision enters into force the day after its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Application of Schengen Acquis:**
* The provisions of the Schengen acquis relating to SIS, as outlined in the Annex, apply to Cyprus from July 25, 2023, in its relations with specific countries.
* These countries include Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Germany, Estonia, Greece, Spain, France, Italy, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden, Iceland, Liechtenstein, Norway and Switzerland.
* Ireland is included only with regard to Regulation EU 2018/1862.
* **Data Availability:**
* From June 13, 2023, Cyprus may receive specific alerts, supplementary information, and additional data according to Regulations EU 2018/1860, EU 2018/1861, and EU 2018/1862.
* **SIS Usage by Cyprus:**
* From July 25, 2023, Cyprus can enter alerts and additional data into the SIS, use SIS data, and exchange supplementary information, subject to certain limitations.
* **Restrictions on Cyprus:**
* Until internal border checks with Cyprus are lifted:
* Cyprus is not obliged to refuse entry or stay to third-country nationals for whom another Member State has issued an alert for refusal of entry or stay.
* Cyprus must refrain from entering alerts and additional data into the SIS, and from exchanging supplementary information on third-country nationals, for the purpose of refusing entry or stay.
Impact Analysis:
* **Republic of Cyprus:**
* *Impact:* Integration into the Schengen Information System, allowing access to and contribution of data related to border security and law enforcement. Restrictions apply until internal border checks are lifted, limiting the full application of refusing entry or stay to third-country nationals.
* *Action Required:* Implement necessary technical and legal arrangements to process SIS data, exchange supplementary information, and comply with restrictions until internal border checks are lifted.
* **Schengen Member States (listed in Article 1):**
* *Impact:* Inclusion of Cyprus in the Schengen Information System network, enabling data exchange and cooperation with Cyprus regarding border security and law enforcement.
* *Action Required:* Update systems to include Cyprus in SIS data exchange and cooperation protocols.
* **European Commission:**
* *Impact:* Responsible for verifying the correct application of the provisions of the Schengen acquis relating to the SIS in Cyprus. The concrete use of data in Cyprus should allow for this verification.
* *Action Required:* Monitor and verify the application of SIS-related provisions in Cyprus, assess the need for further evaluations, and propose the lifting of internal border checks when all necessary conditions are met.
Key Entities Referenced
Schengen acquis: A body of law that regulates borderless travel between member states of the Schengen Area.
Schengen Information System SIS: A centralised database used by European countries to share information on individuals and objects of interest for law enforcement and border control purposes.
Republic of Cyprus: A European Union member state to which the Schengen acquis relating to the SIS is being applied.
European Parliament: One of the legislative branches of the European Union.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day operations.
Council of the European Union: A legislative body of the European Union comprising ministers from each member state.
Republic of Iceland: A country associated with the implementation, application, and development of the Schengen acquis.
Principality of Liechtenstein: A country associated with the implementation, application, and development of the Schengen acquis.
L 113/44 EN Official Journal of the European Union 28.4.2023
COUNCIL DECISION (EU) 2023/870
of 25 April 2023
on the application of the provisions of the Schengen acquis relating to the Schengen Information
System in the Republic of Cyprus
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the 2003 Act of Accession, and in particular Article 3(2) thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament(1),
Whereas:
(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(2), which replaced
Council Regulation (EU) No 1053/2013(3). 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(4), 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.
(1) OJ C 465, 6.12.2022, p. 210.
(2) Council Regulation (EU) 2022/922 of 9 June 2022 on the establishment and operation of an evaluation and monitoring mechanism to
verify the application of the Schengen acquis, and repealing Regulation (EU) No 1053/2013 (OJ L 160, 15.6.2022, p. 1).
(3) Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the
application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a
Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).
(4) Commission Implementing Decision (EU) 2015/450 of 16 March 2015 laying down test requirements for Member States integrating
into the second generation Schengen Information System (SIS II) or changing substantially their directly related national systems
(OJ L 74, 18.3.2015, p. 31).28.4.2023 EN Official Journal of the European Union L 113/45
(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(5) which fall within the area referred to in Article 1, point G, of Council
Decision 1999/437/EC(6).
(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(7)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(8)and Article 3 of Council Decision 2008/149/JHA(9).
(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(10)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(11)and Article 3 of Council Decision 2011/350/EU(12),
HAS ADOPTED THIS DECISION:
Article 1
1. Subject to the conditions specified in this Article, from 25 July 2023, the provisions of the Schengen acquis relating to
the Schengen Information System (SIS) set out in the Annex shall apply in the Republic of Cyprus in its relations with:
(a) the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Croatia, the Czech Republic, the Kingdom of
Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the
French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of
(5) OJ L 176, 10.7.1999, p. 36.
(6) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the
Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two
States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).
(7) OJ L 53, 27.2.2008, p. 52.
(8) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, 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 (OJ L 53, 27.2.2008, p. 1).
(9) Council Decision 2008/149/JHA of 28 January 2008 on the conclusion on behalf of the European Union 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 (OJ L 53, 27.2.2008, p. 50).
(10) OJ L 160, 18.6.2011, p. 21.
(11) Council Decision 2011/349/EU of 7 March 2011 on the conclusion on behalf of the European Union 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, relating in
particular to judicial cooperation in criminal matters and police cooperation (OJ L 160, 18.6.2011, p. 1).
(12) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 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, relating to
the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).L 113/46 EN Official Journal of the European Union 28.4.2023
Luxembourg, Hungary, Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of
Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and
the Kingdom of Sweden;
(b) Ireland only with regard to the provisions referred to in Regulation (EU) 2018/1862 of the European Parliament and of
the Council(13); and
(c) the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation.
2. From 13 June 2023, the following alerts, supplementary information and additional data may be made available to
Cyprus in accordance with Regulations (EU) 2018/1860(14), (EU) 2018/1861(15) and (EU) 2018/1862 of the European
Parliament and of the Council:
(a) alerts as defined in Article 2, point (4), of Regulation (EU) 2018/1860, Article 3, point (1), of Regulation
(EU) 2018/1861 and Article 3, point (1), of Regulation (EU) 2018/1862;
(b) supplementary information as defined in Article 2, point (5), of Regulation (EU) 2018/1860, Article 3, point (2), of
Regulation (EU) 2018/1861 and Article 3, points (2), of Regulation (EU) 2018/1862 that is connected with the alerts
referred to in point (a) of this paragraph; and
(c) additional data as defined in Article 3, point (3), of Regulation (EU) 2018/1861 and Article 3, point (3), of Regulation
(EU) 2018/1862 that are connected with the alerts referred to in point (a) of this paragraph.
3. From 25 July 2023, Cyprus shall be able to enter alerts and additional data into the SIS, to use SIS data and to
exchange supplementary information, subject to paragraph 4.
4. Until checks at internal borders with Cyprus are lifted, Cyprus:
(a) shall not be obliged to refuse entry into or stay on its territory to third-country nationals for whom an alert has been
issued by another Member State for the purpose of refusing entry or stay in accordance with Article 24 of Regulation
(EU) 2018/1861; and
(b) shall refrain from entering into the SIS alerts and additional data, as well as from exchanging supplementary
information on third-country nationals, for the purpose of refusing entry or stay in accordance with Article 24 of
Regulation (EU) 2018/1861.
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Luxembourg, 25 April 2023.
For the Council
The President
P. KULLGREN
(13) Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation
and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters,
amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament
and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).
(14) Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen
Information System for the return of illegally staying third-country nationals (OJ L 312, 7.12.2018, p. 1).
(15) Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation
and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the
Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, p. 14).28.4.2023 EN Official Journal of the European Union L 113/47
ANNEX
List of the provisions of the Schengen acquis relating to the Schengen Information System referred
to in Article 1(1)
1. Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018on the use of the
Schengen Information System for the return of illegally staying third-country nationals(1);
2. Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the
establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and
amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC)
No 1987/2006(2);
3. Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the
establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and
judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing
Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission
Decision 2010/261/EU(3).
(1) OJ L 312, 7.12.2018, p. 1.
(2) OJ L 312, 7.12.2018, p. 14.
(3) OJ L 312, 7.12.2018, p. 56.