According to the explanatory memorandum, on 28 May 2019 Cyprus declared its readiness and commitment to implement all parts of the Schengen acquis and to undergo the Schengen evaluations, insofar as this is possible due to the specific circumstances of Cyprus as recognised in Protocol 10 to the Act of Accession.
The Council Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis provides for Schengen evaluation procedures.
It is noted that the Schengen evaluation in the field of the Schengen Information System (SIS) can only be carried out once the SIS becomes operational in Cyprus.
According to the rapporteur's proposal, the entry into force of the Council Decision will enable the transfer of SIS data to Cyprus. The use of this data in Cyprus will enable the Commission to verify, in accordance with the Schengen evaluation procedures, whether the SIS-related provisions are correctly implemented.
It is stated that "certain restrictions will be imposed on the use of the SIS in Cyprus until the Council decides on the full application of the Schengen acquis in the country and on the lifting of controls at the crossing points between the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus exercises control and those areas in which the Government of the Republic of Cyprus exercises control."
It is stated that "certain restrictions will be imposed on the use of the SIS in Cyprus until the Council decides on the full application of the Schengen acquis in the country and on the lifting of controls at the crossing points between the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus exercises control and those areas in which the Government of the Republic of Cyprus exercises control". This decision will only be taken once it has been verified that the necessary conditions for the implementation of all parts of the acquis in Cyprus in accordance with Article 3(2) of the 2003 Act of Accession have been fulfilled.
"In the light of the recent problems faced by Cyprus, namely the wave of illegal migrants flowing in under the guidance of traffickers from the northern part of its territory and given that these migrants are illegally crossing the so-called Green Line of 184 kilometres, by circumventing controls at the crossing points between the areas of the Republic of Cyprus where the Government of the Republic of Cyprus exercises effective control and those where it does not, the rapporteur considers it extremely important for the Cypriot authorities to be able to verify the information in the SIS". It is therefore stated that border control and law enforcement authorities will be able to enter and consult alerts on persons or objects in the SIS in order to ensure a higher level of public security.
The rapporteur stresses, however, that the accession of Cyprus to the Schengen area should be assessed independently of this participation in the SIS. Any future accession to the Schengen area should be assessed solely on the basis of a Member State's ability to secure and protect the external borders of the European Union.
Source: KYPE
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