Filenews 8 September 2021 - by Frixos Dalitis
A small step towards the Schengen area is being taken by Cyprus, which, however, due to the particular situation prevailing due to the Turkish occupation and the line of opposition, cannot yet fully integrate. In the first stage, Cyprus, upon request, requests inclusion in the Second Generation Schengen Information System (SIS II) with the relevant harmonising bill being put before the House Committee of Lawyers today.
As stated in the explanatory report of the relevant bill to the Parliament, its adoption is the only pending legal nature in order to put into operation the S II system in Cyprus.
The Schengen information system (SIS II) allows the exchange of information between competent authorities of the Member States for immigration and effective border control purposes and for law enforcement purposes. It records information on third-country nationals, wanted persons with a European arrest warrant, missing persons, persons monitored by the police or refused entry to the Schengen area, stolen vehicles and stolen or lost travel documents, such as passports and identity cards.
As stated in the explanatory memorandum, what the Republic of Cyprus is primarily concerned with the possibility for law enforcement authorities to have access to this Information System, regardless of the completion of the evaluation process for the full application of the Schengen acquis in Cyprus, due to the security issues raised in the region, "taking into account that the Schengen Information System II is considered to be the most complete and valid database to date and at the same time the edge a cornerstone for all future developments in the field of exchange of information on the Union's security matters.' In this regard, it is recalled that the necessity of access to the Schengen Information System was also underlined by the Minister of Foreign Affairs of the Republic at a meeting of the House Standing Committee on Foreign and European Affairs dated 29 June 2021.
It should also be noted that in the application for membership in the Schengen Zone, the Minister of Foreign Affairs Nikos Christodoulides had referred to the Foreign Affairs Committee during the discussion of the ministry's budget for 2016. As he characteristically stated, "for security reasons, the Cypriot government submitted an application".
He noted at the time that due to the problem that exists with the situation prevailing on the green line, Cyprus asked to proceed with the first part of the evaluation "so that we will have access to EU information in order to strengthen the security of the country for persons coming to our country and then to see the issues arising from the green line".
The explanatory memorandum of the bill also notes that in relation to the issue under discussion, it is further noted that on 12 August 2021, the European Commission issued a proposal for a "Decision of the Council of the EU on the application of the provisions of the Schengen acquis in the area of the Schengen Information System in the Republic of Cyprus" This document basically includes the following:
- On 28 May 2019, Cyprus declared its readiness and commitment to implement all parts of the Schengen acquis and to submit to Schengen evaluations, taking into account the specific circumstances of Cyprus, as far as possible, as recognised in Protocol No 28 May 2019. 10 of the 2003 Act of Accession. In this regard, the European Commission amended the evaluation programme on 15 October 2019 to include the evaluation of Cyprus in 2019 and 2020. The geographical scope of the Schengen evaluations takes into account the specific circumstances of Cyprus.
- The Schengen evaluation in the area of the Schengen Information System can only be carried out when it is operational in Cyprus. The Council of the EU is therefore invited to adopt a decision on the implementation of the provisions of the Schengen acquis in the area of the Schengen Information System in Cyprus.
- The Council may take such a decision only after Cyprus has made the necessary technical and legal arrangements, including on data protection, for the purpose of processing Data of the Schengen Information System and exchanging supplementary information.
