(1)

An agreement is necessary to provide a legal basis for the absence of border controls between Italy and San Marino.

(2)

It would be beneficial to conclude such an agreement in view of San Marino’s geographical proximity to, and economic interdependence with, the Union.

(3)

It is necessary to ensure the fair treatment of third-country nationals possessing residence permits issued by San Marino at the Union’s external borders.

(4)

The issuance of such residence permits by San Marino has to be conditional on a binding opinion by Italy based on its security assessment.

(5)

The agreement would allow for the conclusion of implementing administrative arrangements of an operational nature between Italy and San Marino on matters covered by the agreement, provided that such arrangements are compatible with the agreement and with Union law.

(6)

Negotiations should therefore be opened with a view to concluding an agreement between the Union and San Marino.

(7)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (1). Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(8)

In accordance with Articles 1 and 2 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 is not taking part in the adoption of this Decision and is not bound by it or subject to its application,