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Schengen Information System: putting into effect of the remaining provisions of the Schengen acquis in Bulgaria and Romania

2018/0802(CNS)

PURPOSE: to lift the remaining restrictions on the use of the Schengen Information System (SIS) by Bulgaria and Romania.

LEGISLATIVE ACT: Council Decision (EU) 2018/934 on the putting into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania.

CONTENT: following Council Decision 2010/365/EU, the provisions of the Schengen acquis relating to the Schengen Information System (SIS) came into force in Bulgaria and Romania as from 15 October 2010 with the exception of 'the remaining restrictions', namely:

  • the obligation to refuse entry into or stay on its territory to third country nationals for whom an alert has been issued by another Member State for the purposes of refusing entry or stay in accordance with Regulation (EC) No 1987/2006 of the European Parliament and of the Council on the establishment, operation and use of the second generation Schengen Information System (SIS II);
  • the obligation to refrain from issuing SIS alerts and entering additional information as well as from exchanging supplementary information on third country nationals for the purposes of refusing entry or stay in accordance with Regulation (EC) No 1987/2006.

CONTENT: this Council Decision concerns the implementation in Bulgaria and Romania of the remaining restrictions of the Schengen acquis relating to the Schengen Information System (SIS). This will allow Bulgaria and Romania to use the SIS without any of the remaining restrictions.

The Council Decision aiming at lifting the remaining restrictions concerning the use of SIS by Bulgaria and Romania is a welcomed development for the participation of these two countries in the Schengen acquis. It will increase the level of security in the Schengen area and make the fight against serious crime and terrorism more effective. The checks performed by Bulgaria and Romania at their external borders and in their territory should become more effective by issuing SIS alerts for the purposes of refusing entry or stay and by executing such alerts introduced by other Member States, in particular if such alerts are based on a threat to public policy or public security or national security.

ENTRY INTO FORCE: 25.6.2018.

APPLICATION: from 1.8.2018.