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.

The European Parliament adopted by 591 votes to 68, with 31 abstentions, following the consultation procedure, a legislative resolution on the draft Council decision 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.

Parliament approved without amendments the Council draft which aims to lift the remaining restrictions on the use of the Schengen Information System (SIS) by Bulgaria and Romania.

The Committee on Civil Liberties, Justice and Home Affairs adopted, following the consultation procedure, the report by Monica MACOVEI (ECR, RO) on the draft Council decision 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.

The committee recommended that the European Parliament approve the Council draft.

The draft Council Decision aims to lift the remaining restrictions concerning the use of the Schengen Information System (SIS) by Bulgaria and Romania. 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.

As recalled in the explanatory memorandum accompanying the report, in June 2011 the European Parliament gave its approval for Bulgaria and Romania to join the Schengen area, stating in a legislative resolution that Bulgaria and Romania where ready to join the Schengen border check-free area.

Since 2011, the European Parliament has repeatedly called for the enlargement of the Schengen area to these two countries and has asked the Council to take the final decision authorising the abolition of internal border controls with Bulgaria and Romania.

In October 2017, the Council adopted Decision (EU) 2017/1908 concerning the application in Bulgaria and Romania of certain provisions of the Schengen acquis relating to the Visa Information System (VIS).

Bulgaria and Romania play a key role in surveillance operations in the Black Sea and on the Danube river. These two countries share borders with Turkey, Moldova, Ukraine, Serbia and the former Yugoslav Republic of Macedonia, which constitute important buffer zones for entry into the Schengen area. Romania is a main contributor to the logistics operations of the European Border and Coast Guard Agency.

In the light of these elements, the proposed Council Decision would represent a positive development in the participation of Bulgaria and Romania in the Schengen acquis and would enhance the level of security of the Schengen area.

In view of all above-mentioned elements, the current 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.

PURPOSE: put into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in Bulgaria and Romania.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: in order to increase the level of security in the Schengen area and to make the fight against serious crime and terrorism more effective, the checks by Bulgaria and Romania at their external borders and in their territory should become more effective.

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: the draft Council Decision provides that the remaining restrictions of the Schengen acquis relating to SIS, as referred to in Decision 2010/365/EU, do not apply to Bulgaria and Romania between themselves and in their relations with the 26 member countries of the Schengen area.

Article 25 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and France on the gradual abolition of checks at their common borders (‘the Schengen Convention’) on consultation for residence permits and alerts for the purposes of refusing entry should apply from the same date as from which the remaining restrictions of the Schengen acquis relating to the SIS should be lifted.

The lifting of those restrictions in Bulgaria and Romania shall contribute to increase the level of security in the Schengen area and make the fight against serious crime and terrorism more effective.

PURPOSE: put into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in Bulgaria and Romania.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: in order to increase the level of security in the Schengen area and to make the fight against serious crime and terrorism more effective, the checks by Bulgaria and Romania at their external borders and in their territory should become more effective.

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.

On 9 June 2011, the Council concluded, in accordance with the applicable Schengen evaluation procedures, that the conditions in all the areas of the Schengen acquis relating to air borders, land borders, police cooperation, data protection, the SIS, sea borders and visas had been fulfilled by Bulgaria and Romania.

On 12 October 2017, the Council adopted Decision (EU) 2017/1908 putting into effect certain provisions of the Schengen acquis relating to the Visa Information System (‘VIS’) in Bulgaria and Romania. The putting into effect of those provisions that authorise Bulgaria and Romania to access the VIS data for consultation purposes is aiming at facilitating checks by these two countries at border crossing points at their external borders, which are Schengen external borders, and within their territory.

CONTENT: the draft Council Decision provides that the remaining restrictions of the Schengen acquis relating to SIS, as referred to in Decision 2010/365 / EU, do not apply to Bulgaria and Romania between themselves and in their relations with the 26 member countries of the Schengen area.

The lifting of the remaining restrictions on the use of SIS will ensure that Bulgaria and Romania are required to deny entry into or stay in their respective territories to third-country nationals for whom an entry ban has been issued by another Member State, as well as the obligation to issue such SIS alerts.

The lifting of those restrictions in Bulgaria and Romania will contribute to increase the level of security in the Schengen area and make the fight against serious crime and terrorism more effective.

PURPOSE: put into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in Bulgaria and Romania.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: in order to increase the level of security in the Schengen area and to make the fight against serious crime and terrorism more effective, the checks by Bulgaria and Romania at their external borders and in their territory should become more effective.

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.

On 9 June 2011, the Council concluded, in accordance with the applicable Schengen evaluation procedures, that the conditions in all the areas of the Schengen acquis relating to air borders, land borders, police cooperation, data protection, the SIS, sea borders and visas had been fulfilled by Bulgaria and Romania.

On 12 October 2017, the Council adopted Decision (EU) 2017/1908 putting into effect certain provisions of the Schengen acquis relating to the Visa Information System (‘VIS’) in Bulgaria and Romania. The putting into effect of those provisions that authorise Bulgaria and Romania to access the VIS data for consultation purposes is aiming at facilitating checks by these two countries at border crossing points at their external borders, which are Schengen external borders, and within their territory.

CONTENT: the draft Council Decision provides that the remaining restrictions of the Schengen acquis relating to SIS, as referred to in Decision 2010/365 / EU, do not apply to Bulgaria and Romania between themselves and in their relations with the 26 member countries of the Schengen area.

The lifting of the remaining restrictions on the use of SIS will ensure that Bulgaria and Romania are required to deny entry into or stay in their respective territories to third-country nationals for whom an entry ban has been issued by another Member State, as well as the obligation to issue such SIS alerts.

The lifting of those restrictions in Bulgaria and Romania will contribute to increase the level of security in the Schengen area and make the fight against serious crime and terrorism more effective.