(fra kommisjonsbeslutningen)

(1) Regulations (EU) 2018/1860 (2), (EU) 2018/1861 (3) and (EU) 2018/1862 of the European Parliament and of the Council lay down the rules on the establishment, operation and use of the Schengen Information System (SIS).

(2) Regulation (EU) 2022/1190 of the European Parliament and of the Council (4) introduced rules regarding information alerts on third-country nationals in the interest of the Union in the Schengen Information System. This should enable Member States, upon a proposal by Europol, based on information provided by third countries and international organisations, to enter such alerts in the SIS in order to make that information on persons involved in serious crime or terrorism, directly and in real time, to front-line officers in Member States.

(3) Since the entry into force of Regulation (EU) 2022/1190, the Commission, Member States, 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 European Union Agency for Law Enforcement Cooperation (Europol) have been completing the necessary technical and legal arrangements to implement the new rules to enable the entry of information alerts on third-country nationals in the interest of the Union in the SIS and the necessary updates for the exchange of supplementary information.

(4) The Commission has verified that the implementing acts necessary for the operation of the information alert were adopted; that eu-LISA declared the successful completion of all testing activities with regard to CS-SIS and to the interaction between Central SIS (CS-SIS) and national systems (N.SIS); that Member States and Europol notified to the Commission that they have made the necessary technical and procedural arrangements to process SIS data and exchange supplementary information pursuant to Regulation (EU) 2018/1862 as amended by Regulation (EU) 2022/1190.

(5) It is therefore appropriate to set the date from which the Member States may start entering, updating and deleting information alerts on third-country nationals in the interest of the Union in SIS in accordance with Article 37a of Regulation (EU) 2018/1862.

(6) Given that Regulation (EU) 2018/1862 and Regulation (EU) 2022/1190 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 Regulations (EU) 2018/1862 and (EU) 2022/1190 in its national law. It is therefore bound by this Decision.

(7) Ireland is taking part in this Decision to the extent that it concerns Regulation (EU) 2018/1862 in accordance with Article 5(1) of Protocol No 19 on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union and Article 6(2) of Council Decision 2002/192/EC (5), read in conjunction with Council Implementing Decision (EU) 2020/1745 (6).

(8) As regards Iceland and Norway, this Decision constitutes a development of 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 these States’ 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 Council Decision 1999/437/EC (8).

(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 (9) , 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 2008/149/JHA (10).

(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 (11), 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 (12).

(11) Concerning Cyprus, this Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession.

(12) Given that the Commission is to determine the date from which the Member States may start entering, updating and deleting information alert on third-country nationals in the interest of the Union, there is no need for any intermediate time period between the date of publication and the date of entry into force of this Decision. Therefore, this Decision should enter into force on the day of its publication,