BAKGRUNN (fra kommisjonsbeslutningen)

(1) Regulation (EU) 2017/2226 established the Entry/Exit System (EES) as a system that registers electronically the time and place of entry and exit of third-country nationals admitted for a short stay to the territory of the Member States and which calculates the duration of their authorised stay.

(2) Regulation (EC) No 767/2008 established the Visa Information System (VIS) for the exchange of data between Member States regarding applications for short-stay visas, long-stay visas and residence permits, and on the decision taken to annul, revoke or extend the visa.

(3) Access to the EES or the VIS to enter, amend, delete or consult data should be limited to duly authorised staff of the competent national authorities of each Member State.

(4) Member States should notify the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (‘eu-LISA’) and the Commission of the lists of competent national authorities entitled at national level to enter, amend, delete or consult data in the EES or the VIS.

(5) The lists should be managed centrally by means of a functionality set up pursuant to Article 9(2), second subparagraph of Regulation (EU) 2017/2226 and Article 6(5) of the Regulation (EC) No 767/2008.

(6) For every competent national authority in the notified lists, Member States should specify the purpose for access to the EES or the VIS data.

(7) Therefore, detailed rules should be laid down on the management of the functionality for the centralised management of the lists of competent national authorities.

(8) Given that Regulation (EU) 2017/2226 and Regulation (EU) 2021/1134 of the European Parliament and of the Council (3) build upon the Schengen acquis, in accordance with Article 4 of Protocol No 22 on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark notified the implementation of Regulation (EU) 2017/2226 and Regulation (EU) 2021/1134 in its national law. Denmark is therefore, bound by this Decision.

(9) As regards Ireland, this Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(10) 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 those States association with the implementation, application and development of the Schengen acquis (5), which fall within the area referred to in Article 1, points A and B of Council Decision 1999/437/EC (6).

(11) 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 A and B of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (8).

(12) 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 (9) which fall within the area referred to in Article 1, point A and B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (10).

(13) As regards Bulgaria and Romania, in relation to the provisions under this act concerning Regulation (EU) 2017/2226, as the verification in accordance with the applicable Schengen evaluation procedure has been successfully completed, as confirmed by Council conclusions of 9 and 10 June 2011 regarding the Schengen evaluation of Bulgaria and Romania, the provisions of the Schengen acquis relating to the Schengen Information System have been put into effect by Council Decision (EU) 2018/934 (11) and the provisions of the Schengen acquis relating to the VIS have been put into effect by Council Decision (EU) 2017/1908 (12), all the conditions for the operation of the EES set out in Article 66(2)(b) of Regulation 2017/2226 are met and those Member States should therefore operate the Entry/Exit System from the start of operations. The provisions under this act concerning Regulation (EC) No 767/2008, constitute an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession (13).

(14) As regards Cyprus, in relation to the provisions under this act concerning Regulation (EU) 2017/2226, the operation of the EES requires the granting of passive access to the VIS and the putting into effect of all the provisions of the Schengen acquis relating to the Schengen Information System in accordance with the relevant Council Decisions. Those conditions can only be met once the verification in accordance with the applicable Schengen evaluation procedure has been successfully completed. The EES should be operated only by those Member States which fulfil those conditions at the start of the operation of the EES. Member States not operating the EES from the start of operations should be connected to the EES, in accordance with the procedure set out in Regulation (EU) 2017/2226, as soon as all of those conditions are met. The provisions of this Decision concerning Regulation (EC) No 767/2008, constitute an act building upon, or otherwise relating to, the Schengen acquis, within the meaning of Article 3(2) of the 2003 Act of Accession (14).

(15) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation 2018/1725 of the European Parliament and of the Council (15) and delivered an opinion on 24 of March 2023.

(16) The measures provided for in this Decision are in accordance with the opinion of the Smart Borders Committee, established by Article 68(1) of Regulation (EU) 2017/2226.