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Council Implementing Decision (EU) 2020/1745 of 18 November 2020 on the putting into effect of the provisions of the Schengen acquis on data protection and on the provisional putting into effect of certain provisions of the Schengen acquis in Ireland
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1.The provisions referred to in point (a)(ii) of Article 1 of Decision 2002/192/EC, in so far as they relate to data protection, including the relevant provisions of the acts constituting the developments of the Schengen acquis adopted after the adoption of Decision 2002/192/EC and listed in the Annex to this Decision, shall be put into effect by and apply to Ireland 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 Republic of Croatia, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, 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, as from 1 January 2021.
2.The following provisions, including the relevant provisions of the acts constituting the developments of the Schengen acquis adopted after the adoption of Decision 2002/192/EC and listed in the Annex to this Decision, shall be put into effect by and apply to Ireland 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 Republic of Croatia, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, 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, on a provisional basis and subject to the conditions specified in this Decision, as from 1 January 2021:
(a)the provisions referred to in point (a)(ii) and (iii) of Article 1 of Decision 2002/192/EC, in so far as they relate to the functioning of SIS; and
(b)the remaining provisions referred to in Article 1 of Decision 2002/192/EC.
3.By way of derogation from paragraph 2 of this Article:
(a)Article 27 of the Schengen Convention, including Directive 2002/90/EC and Framework Decision 2002/946/JHA, which constitute its subsequent developments, as well as Decisions 2008/149/JHA and 2011/349/EU, shall be put into effect by and apply to Ireland, on a provisional basis, as from 1 January 2022 at the latest;
(b)the Decision of the Executive Committee of 22 December 1994 shall be put into effect by and apply to Ireland, on a provisional basis, as from 1 July 2022 at the latest.
Ireland shall notify to the Council the date from which it will commence the application of the provisions referred to in this paragraph.
4.As from 4 January 2021, SIS alerts as defined in point (a) of Article 3(1) of Decision 2007/533/JHA and as referred to in Chapters V (alerts in respect of persons wanted for arrest for surrender or extradition purposes), VI (alerts on missing persons), VII (alerts on persons sought to assist with a judicial procedure), VIII (alerts on persons and objects for discreet checks or specific checks) and IX (alerts on objects for seizure or use as evidence in criminal proceedings) of that Decision, as well as supplementary information and additional data as defined in points (b) and (c) of Article 3(1) thereof, connected with those alerts, shall be made available to Ireland in accordance with that Decision.
5.As from 15 March 2021, Ireland shall enter data into SIS and use the SIS data, as well as supplementary information and additional data referred to in paragraph 4, in accordance with Decision 2007/533/JHA.
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