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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHAnote, and in particular Article 72(1) thereof,Having regard to Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816note, and in particular Article 68(1) thereof,Whereas:
(1)Regulation (EU) 2019/817 and Regulation (EU) 2019/818 establish a framework for interoperability between the EU information systems in the fields of borders, visa, police and judicial cooperation, asylum and migration.
(2)That framework comprises a number of interoperability components, including the European search portal (ESP). The ESP enables the fast, seamless, efficient, systematic and controlled access of Member State authorities and Union agencies to the EU information systems, to Europol data and to the Interpol databases for the performance of their tasks and in accordance with their access rights and the objectives and purposes of the Entry/Exit System (EES), the Visa Information System (VIS), the European Travel Information and Authorisation System (ETIAS), the European Asylum Dactyloscopy Database (Eurodac), the Schengen Information System (SIS) and the European Criminal Records Information System for Third-Country Nationals (ECRIS-TCN).
(3)Pursuant to Regulations (EU) 2019/817 and (EU) 2019/818, the Commission is to determine the date from which the ESP is to start operations, once the conditions in Article 72(1) of Regulation (EU) 2019/817 and Article 68(1) of Regulation (EU) 2019/818 have been met. That date is to be set within 30 days from adoption of the implementing act.
(4)The Commission has verified that the implementing acts necessary for the operation of the ESP were adoptednote; that the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) has declared the successful completion of a comprehensive test of the ESP, which it has conducted in cooperation with the Member States authorities and the Union agencies that may use the ESP; that eu-LISA has validated the technical and legal arrangements to collect and transmit the data referred to in Article 8(1) of Regulations (EU) 2019/817 and (EU) 2019/818 and has notified them to the Commission.
(5)It is therefore appropriate to determine the date on which the ESP is to start operations.
(6)Given that Regulations (EU) 2019/817 and (EU) 2019/818 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) 2019/817 and (EU) 2019/818 in its national law. Denmark is therefore bound by this Decision.
(7)This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part in accordance with Protocol No 19 on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and, subject to the application of Article 4 of that Protocol, Ireland is not bound by it or subject to its application.
(8)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 the latters’ association with the implementation, application and development of the Schengen acquisnote, which fall within the area referred to in Article 1, point A of Council Decision 1999/437/ECnote.
(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 acquisnote, which fall within the area referred to in Article 1, point A of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/ECnote.
(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 acquisnote which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EUnote.
(11)As regards Cyprus, this Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 3(1) of the 2003 Act of Accession,
HAS ADOPTED THIS DECISION:
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