COUNCIL DECISION
of 9 June 2011
on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Principality of Liechtenstein
(2011/352/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to 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 (the Protocol) (1), which was signed on 28 February 2008 (2) and entered into force on 7 April 2011, and in particular Article 10(1) thereof,
Whereas:
(1)
Article 10(1) of the Protocol provides that the provisions of the Schengen acquis shall be put into effect by the Principality of Liechtenstein only pursuant to a Council decision to that effect after verification that the necessary conditions for the implementation of that acquis have been fulfilled by the Principality of Liechtenstein.
(2)
The Council has verified that the Principality of Liechtenstein ensures satisfactory levels of data protection by taking the following steps: a full questionnaire was forwarded to the Principality of Liechtenstein, whose replies were recorded, and verification and evaluation visits were made to the Principality of Liechtenstein, in accordance with the applicable Schengen evaluation procedures as set out in the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (SCH/Com-ex (98) 26 def.) (3) (the Decision of the Executive Committee of 16 September 1998), in the area of Data Protection.
(3)
On 9 June 2011, the Council concluded that the Principality of Liechtenstein had fulfilled the conditions in the area of Data Protection. It is therefore possible to set a date from which the Schengen acquis relating to the Schengen Information System (SIS) may apply to the Principality of Liechtenstein.
(4)
The entry into force of this Decision should allow for real SIS data to be transferred to the Principality of Liechtenstein. The concrete use of these data should allow the Council, through the applicable Schengen evaluation procedures as set out in the Decision of the Executive Committee of 16 September 1998, to verify the correct application of the provisions of the Schengen acquis relating to the SIS in the Principality of Liechtenstein. Once those evaluations have been carried out, the Council should decide on the lifting of checks at internal borders with the Principality of Liechtenstein.
(5)
The Agreement between the Principality of Liechtenstein, the Republic of Iceland and the Kingdom of Norway concerning the implementation, application and development of the Schengen acquis and concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Liechtenstein, Iceland or Norway stipulates that it shall be put into effect in respect of the implementation, application and development of the Schengen acquis on the same date as the Protocol is put into effect.
(6)
A separate Council Decision should be adopted setting a date for the lifting of checks at internal borders. Until the date set out in that Decision, certain restrictions on the use of the SIS should be imposed,
HAS ADOPTED THIS DECISION:
Article 1
1. From 19 July 2011, the provisions of the Schengen acquis relating to the SIS, as referred to in Annex I, shall apply to the Principality of Liechtenstein in its relations with the Kingdom of Belgium, the Republic of Bulgaria, 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 Luxembourg, the Republic of Hungary, the 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.
2. The provisions of the Schengen acquis relating to the SIS, as referred to in Annex II, shall apply from the date laid down in those provisions to the Principality of Liechtenstein in its relations with the Kingdom of Belgium, the Republic of Bulgaria, 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 Luxembourg, the Republic of Hungary, the 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.
3. From 9 June 2011, real SIS data may be transferred to the Principality of Liechtenstein.
From 19 July 2011, the Principality of Liechtenstein shall be allowed to enter data into the SIS and use SIS data, subject to paragraph 4.
4. Until the date of the lifting of checks at internal borders with the Principality of Liechtenstein, the Principality of Liechtenstein:
(a)
shall not be obliged to refuse entry to its territory to or to expel third country nationals for whom an SIS alert has been issued by a Member State for the purpose of refusing entry;
(b)
shall refrain from entering the data covered by Article 96 of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (4) (the Schengen Convention).
Article 2
This Decision shall enter into force on the day of its adoption.
Article 3
This Decision shall be published in the Official Journal of the European Union.
Done at Luxembourg, 9 June 2011.