Substantial step taken towards Cyprus' Schengen Zone accession

The Government is attempting to take another important and substantial step towards facilitating the Republic of Cyprus's accession to the Schengen Zone through the submission of a bill to Parliament that governs the operation and use of the Visa Information System (VIS).

The bill is currently being examined under the microscope of House Foreign Affairs Committee towards getting it passed as soon as possible, since the Government's goal - as the President of the Republic Nikos Christodoulides has stated many times - is to complete all the technical issues related to accession to the Schengen Zone before the end of this year.

According to what has been recorded in the explanatory memorandum, signed by the Attorney General, George Savvides, the bill aims to better implement Regulation (EC) No. 767/2008 on the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (the "VIS Regulation"), which defines the purpose, functions and responsibilities of the Visa Information System (the "VIS").

Installation and operation of a national VIS

In addition to the better implementation of the VIS regulation, the bill establishes a legislative framework for the effective regulation of the installation and operation of the new National VIS in the Republic of Cyprus, which will comply with the needs of the Schengen acquis and will allow its interconnection with the Central VIS, provided that a relevant decision is adopted by the Council of the European Union for the integration of the Republic of Cyprus into the Schengen area within the framework of the ongoing Schengen evaluation process.

Therefore, Savvides emphasises, the competent authorities of the Republic are defined through the bill, towards the effective implementation of the VIS regulation. More specifically, the Ministry of Foreign Affairs is designated as the national central authority for the operational operation of the National VIS, while the Deputy Ministry of Research, Innovation and Digital Policy is designated as the competent authority for the development, operation, technical support and maintenance of the National VIS, its connection with the national IT systems provided for in the bill, and its connection with the Central VIS.

The draft law also includes steps to ensure access to VIS data is available only to authorised personnel within the authorities, in accordance with the VIS Regulation, as well as for the fulfillment of their duties. It defines the authorities with the right to access the VIS to enter, modify or delete data, as well as the authorities with the right to access the VIS to search for data.

Therefore, it is added that access is granted for the aforementioned purposes, respectively, only to duly authorised personnel of the visa authorities, the ETIAS National Unit, the Cyprus Police, the Asylum Service, and the Customs Department.

Additionally, the Commissioner for Personal Data Protection is designated as the National Supervisory Authority that will exercise independent control over the lawfulness of the processing of personal data by the Republic of Cyprus.

Data use and penalties

Moreover, by ensuring greater legal certainty, namely the general principle of European Union law on the predictability of situations and legal relationships governed by EU law, the bill defines the emerging obligations of the competent authorities regarding the use of data processed in the VIS.

Furthermore, through Part IV of the bill, the rights and oversight regarding data protection of the VIS and the National VIS are ensured.

More specifically, this concerns the right to information being provided, as well as the right to access, correct, supplement, delete personal data, and limit its processing with regard to affected individuals.

Also, Part V of the bill proceeds to establish rules on the sanctions to be imposed in the event of a violation of the VIS Regulation, as well as the proposed national legislative framework.

The bill also introduces the right of hierarchical appeal to the Minister of Foreign Affairs against a decision to reject, annul, or revoke a (short-term) visa.

It is noted that, in view of the full implementation of the Schengen acquis in the Republic of Cyprus, through the bill, specific provisions are being transposed for better implementation of Regulation (EC) No. 810/2009 ("Visa Code").

Specifically, the bill proceeded to interpret the visa authorities, including the Cyprus Police for the purposes of issuing visas at the external borders of the Republic and extending an issued visa, as stands in the existing procedure.

Additionally, visa authorities, including the national central authority (Ministry of Foreign Affairs), were granted the power to access the national Arrivals and Departures Register, the Entry/Exit System, the Schengen Information System and the national Stop List.

Finally, for the better implementation of the visa code, the compliance of external service providers with the rules on the protection of personal data is provided for, as well as the right of appeal of data subjects (visa applicants) against decisions to refuse, annul or revoke a visa.

(Source: InBusinessNews)