Establishment of the visa information system (VIS) \u2013 Stage 1<\/p>\n
SUMMARY OF:
\nDecision 2004\/512\/EC establishing the visa information system (VIS)<\/p>\n
WHAT IS THE AIM OF THE DECISION?
\nDecision 2004\/512\/EC set up the visa information system (VIS) for sharing visa data between European Union (EU) Member States. This enables authorised national authorities to enter and update visa data and to consult these data electronically.
\nRegulation (EU) 2019\/817 establishing a framework for interoperability between EU information systems in the field of borders and visas (see summary) amended the decision, updating the article concerning the system\u2019s IT architecture.
\nDecision 2004\/512\/EC was repealed by Regulation (EU) 2021\/1134. The relevant rules of the decision were integrated into the VIS regulation.
\nKEY POINTS
\nArchitecture<\/p>\n
The VIS is based on a centralised IT architecture. Since the adoption of Regulation (EU) 2019\/817, it consists of:<\/p>\n
the common identity repository central infrastructure, containing biographical and biometric data of non-EU nationals (set up under Article 17 of Regulation (EU) 2019\/817);
\na central information system, referred to as the central visa information system (CS-VIS);
\na national interface in each Member State, to provide the connection to the relevant central national authority of the respective Member State;
\na communication infrastructure between the CS-VIS and the national interfaces;
\na secure communication channel between the entry\/exit system of the central system and the CS-VIS;
\na secure communication infrastructure between the VIS central system and the central infrastructure of:
\nthe European search portal, which facilitates the fast, seamless, efficient, systematic and controlled access of Member State authorities and EU agencies to the EU information systems, to data from the European Union Agency for Law Enforcement Cooperation (Europol) and to the Interpol databases (set up under Article 6 of Regulation (EU) 2019\/817);
\nthe common identity repository.
\nDevelopment and adaptation of systems<\/p>\n
The European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) is responsible for developing the:
\nCS-VIS;
\nnational interface in each Member State;
\ncommunication infrastructure between the CS-VIS and the national interfaces.
\nMember States are responsible for adapting their national infrastructures.
\nEuropean Commission implementing powers<\/p>\n
The Commission has the power to adopt implementing acts concerning matters such as:<\/p>\n
the design of the physical IT architecture of the system;
\nthe technical aspects that have a bearing on the protection of personal data;
\nthe technical aspects that have serious financial implications for Member States\u2019 budgets or serious technical implications for Member States\u2019 national systems;
\nthe development of security requirements, including biometric aspects.
\nReports<\/p>\n
The Commission submits a yearly progress report to the European Parliament and the Council of the European Union.<\/p>\n
Repeal<\/p>\n
Decision 2004\/512\/EC is repealed by Regulation (EU) 2021\/1134, pending VIS implementation.<\/p>\n
FROM WHEN DOES THE DECISION APPLY?
\nIt has applied since 5 July 2004.<\/p>\n
BACKGROUND
\nFor further information, see:<\/p>\n
Visa information system (European Commission).
\nMAIN DOCUMENT
\nCouncil Decision 2004\/512\/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, pp. 5\u20137).<\/p>\n
Successive amendments to Decision 2004\/512\/EC have been incorporated in the original text. This consolidated version is of documentary value only.<\/p>\n
RELATED DOCUMENTS
\nRegulation (EU) 2021\/1134 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EC) No 767\/2008, (EC) No 810\/2009, (EU) 2016\/399, (EU) 2017\/2226, (EU) 2018\/1240, (EU) 2018\/1860, (EU) 2018\/1861, (EU) 2019\/817 and (EU) 2019\/1896 of the European Parliament and of the Council and repealing Council Decisions 2004\/512\/EC and 2008\/633\/JHA, for the purpose of reforming the Visa Information System (OJ L 248, 13.7.2021, pp. 11\u201387).<\/p>\n
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\/JHA (OJ L 135, 22.5.2019, pp. 27\u201384).<\/p>\n
See consolidated version.<\/p>\n
Regulation (EU) 2018\/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987\/2006 and Council Decision 2007\/533\/JHA and repealing Regulation (EU) No 1077\/2011 (OJ L 295, 21.11.2018, pp. 99\u2013137).<\/p>\n
See consolidated version.<\/p>\n
Commission Decision 2008\/602\/EC of 17 June 2008 laying down the physical architecture and requirements of the national interfaces and of the communication infrastructure between the central VIS and the national interfaces for the development phase (OJ L 194, 23.7.2008, pp. 3\u20138).<\/p>\n
VIS regulation<\/p>\n
SUMMARY OF:
\nRegulation (EC) No 767\/2008 concerning the visa information system and the exchange of data between Member States on short-stay visas (VIS regulation)<\/p>\n
WHAT IS THE AIM OF THE REGULATION?
\nIt sets up the visa information system (VIS) and lays down the procedures and conditions for the exchange of visa data with regard to short-stay visa applications between European Union (EU) Member States which have signed the Schengen Agreement and Convention.<\/p>\n
KEY POINTS
\nNote to reader: this regulation has been amended several times. This summary reflects the content of the regulation, as amended, where these amendments have actually entered into force.<\/p>\n
Purpose<\/p>\n
The purpose of the VIS, originally set up under Decision 2004\/512\/EC, is to improve the implementation of the common visa policy, consular cooperation and consultations between the central visa authorities by:<\/p>\n
facilitating the visa application procedure;
\npreventing \u2018visa shopping\u2019;
\nfacilitating the fight against fraud;
\nfacilitating checks at external border crossing points and in the national territories;
\nassisting in identifying persons who do not meet the requirements for entering, staying or residing in the national territories;
\nfacilitating the application of Regulation (EU) No 604\/2013, which determines the Member State responsible for examining a non EU-country national\u2019s asylum application (see summary);
\ncontributing to the prevention of threats to Member States\u2019 internal security.
\nIn specific cases, the national authorities and Europol may request access to data entered into the VIS for the purpose of preventing, detecting and investigating terrorist and criminal offences.<\/p>\n
The following categories of data are recorded in the VIS:<\/p>\n
alphanumeric data on the applicant and on the visas requested, issued, refused, annulled, revoked or extended;
\nphotographs;
\nfingerprint data;
\nlinks to previous visa applications and to the application files of persons travelling together.
\nCategories of data recorded in the common identity repository<\/p>\n
The following data are recorded in the common identity repository (CIR):<\/p>\n
family name, given names, date of birth, sex;
\nsurname at birth (former surname(s)), place and country of birth, current nationality and nationality at birth;
\ntravel document information, including:
\ntype and number,
\nissuing country,
\nissuing authority,
\ndate of expiry of validity.
\nAccess to the VIS<\/p>\n
Only duly authorised staff of the visa authorities may enter, amend or delete VIS data;
\nOnly duly authorised staff of the visa authorities and authorities who carry out checks at the external border crossing points, immigration checks and asylum may consult VIS data.
\nAuthorities with access to VIS must ensure that:
\nits use is limited to that which is necessary, appropriate and proportionate for carrying out their tasks;
\nin using VIS, visa applicants and holders are not discriminated against and that their human dignity and integrity are respected.
\nData entry by the visa authorities<\/p>\n
The visa authority creates the application file, where an application is admissible according to the Visa Code, laid down in amending Regulation (EC) No 810\/2009 (see summary). It enters the data specified in Article 9 of Regulation (EC) No 767\/2008 into the VIS.
\nThe visa authority adds other data where a decision has been taken to issue a visa, for example:
\nthe issuing authority;
\nthe type of visa;
\nthe number of the visa sticker;
\nthe territory in which the visa holder is entitled to travel;
\nthe start and end dates of the visa\u2019s validity;
\nthe number of entries authorised by the visa in the territory.
\nThe grounds must be specified where a decision has been taken to:
\nrefuse, annul or revoke a visa; or
\nextend its period of validity.
\nUse of the VIS<\/p>\n
The VIS is used:<\/p>\n
by competent visa authorities examining applications and the decisions relating to those applications;
\nbetween central visa authorities for consultation and requests for documents;
\nby competent visa authorities for the purposes of reporting and statistics (without identifying individual applicants).
\nAccess to VIS data by other authorities<\/p>\n
Amending Regulation (EU) 2017\/2226 introducing the EU Entry\/Exit System (EES) (see summary) resulted in more efficient and rapid border checks by means of a secure communication channel between the central system of the EES and the central VIS. Direct consultation between the EES and the VIS is only possible where both Regulation (EC) No 767\/2008 and Regulation (EU) 2017\/2226 so provide.
\nVisa authorities using the VIS may consult the EES from the VIS:
\nwhen examining and deciding on visa applications;
\nin order to retrieve and export the visa-related data directly from the VIS into the EES in the event that a visa is annulled, revoked or extended.
\nBorder authorities using the EES may consult the VIS from the EES in order to:
\nretrieve the visa-related data directly from the VIS and import them into the EES;
\nverify the authenticity and validity of the visa;
\ncheck whether visa-exempt non-EU nationals for whom an individual file is not recorded in the EES were previously registered in the VIS;
\nverify, where the identity of a visa holder is verified using fingerprints, the identity of a visa holder with fingerprints against the VIS.
\nAuthorities competent for carrying out checks within the territory of the Member States may search data with the sole purpose of verifying the identity of the visa holder and\/or the authenticity of the visa and\/or whether the conditions for entry to, stay or residence are fulfilled.
\nNational authorities responsible for asylum may have access to data for the sole purposes of:
\ndetermining the Member State responsible for examining an asylum application; and
\nexamining an application for asylum.
\nOperation of the VIS<\/p>\n
Since June 2018, the European Agency for the Operational Management of Large-Scale IT Systems (eu-LISA) has been responsible for the operational management of the Central VIS and the national interfaces which connect to Member States\u2019 national systems.
\nOperational management of the VIS consists of all the tasks necessary to keep the VIS functioning 24 hours a day, 7 days a week. These include the maintenance work and technical developments necessary to ensure that the system functions at a satisfactory level of operational quality.
\nEach EU Member State is responsible for:
\ndeveloping, organising, managing, operating and maintaining its national system;
\nensuring the security of data before and during transmission to its national interface and, to this end, adopting a security plan;
\nmanaging access by duly authorised staff of its competent national authorities to the VIS;
\nbearing the costs incurred by its national system.
\nData in the VIS cannot be communicated to non-EU countries or international organisations unless it is vital for attesting a non-EU national\u2019s identity in individual cases.
\nData security, liability and protection<\/p>\n
The Member State which has entered the data in the VIS must ensure its security before and during transmission to the national interface. Each country must ensure the security of data received from the VIS and adopt a security plan in relation to its national system.
\nAny person who, or country which, has suffered damage as a result of an unlawful processing operation or any act incompatible with Regulation (EC) No 767\/2008 is entitled to receive compensation from the country responsible for the damage suffered.
\nEach country and the eu-LISA must keep records of all data processing operations within the VIS, as well as records of the staff duly authorised to enter or retrieve the data.
\nEach Member State must require a national supervisory authority, established in accordance with Regulation (EU) 2016\/679 (see summary), to monitor the lawfulness of the processing of personal data by that country. The European Data Protection Supervisor monitors the activities of eu-LISA.
\nApplication<\/p>\n
As a Schengen instrument, this regulation applies to Member States with the exception of Ireland. Denmark has decided to implement the regulation, as have Iceland, Norway and Switzerland.<\/p>\n
Recent amendments to Regulation (EC) No 767\/2008<\/p>\n
With a view to addressing security challenges as well as changing migration patterns, efforts are under way to make the EU\u2019s various information systems interoperable. Regulation (EC) No 767\/2008 has therefore been amended several times to take this work into account \u2014 although these changes will not apply until a date yet to be decided, which will not be before 2023. These amendments are the following.<\/p>\n
Regulation (EU) 2019\/817 concerning interoperability between EU information systems in the field of justice, freedom and security (see summary).
\nRegulation (EU) 2021\/1134 amending Regulation (EC) No 767\/2008, as well as two closely related texts, the Visa Code (Regulation (EC) No 810\/2009 \u2014 see summary) and the Schengen Borders Code (Regulation (EU) 2016\/399 \u2014 see summary). Among other things, it strengthens the background checks undertaken before a decision is taken on granting a visa.
\nRegulation (EU) 2021\/1152 amending Regulation (EC) No 767\/2008 in relation to the VIS\u2019s interoperability with the European Travel Information and Authorisation System set up under Regulation (EU) 2018\/1240 (see summary).
\nFROM WHEN DOES THE REGULATION APPLY?
\nApplication of Regulation (EC) No 767\/2008 was to be determined by the European Commission in accordance with its Article 48(3). The VIS came into operation on 11 October 2011.
\nThe regulation\u2019s Articles 26, 27, 32, 45, 48(1), (2) and (4) and Article 49 have applied since 2 September 2008.
\nBACKGROUND
\nFor more information, see:<\/p>\n
Visa information system (VIS) (European Commission)
\nIT systems in the area of freedom, security and justice (Council of the European Union).
\nMAIN DOCUMENT
\nRegulation (EC) No 767\/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, pp. 60\u201381).<\/p>\n
Successive amendments to Regulation (EC) No 767\/2008 have been incorporated in the original text. This consolidated version is of documentary value only.<\/p>\n
RELATED DOCUMENTS
\nRegulation (EU) 2018\/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987\/2006 and Council Decision 2007\/533\/JHA and repealing Regulation (EU) No 1077\/2011 (OJ L 295, 21.11.2018, pp. 99\u2013137).<\/p>\n
See consolidated version.<\/p>\n
Regulation (EU) 2018\/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077\/2011, (EU) No 515\/2014, (EU) 2016\/399, (EU) 2016\/1624 and (EU) 2017\/2226 (OJ L 236, 19.9.2018, pp. 1\u201371).<\/p>\n
See consolidated version.<\/p>\n
Regulation (EU) 2016\/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95\/46\/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, pp. 1\u201388).<\/p>\n
See consolidated version.<\/p>\n
Regulation (EU) 2016\/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, pp. 1\u201352).<\/p>\n
See consolidated version.<\/p>\n
Regulation (EU) No 604\/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, pp. 31\u201359).<\/p>\n
See consolidated version.<\/p>\n
Regulation (EC) No 810\/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, pp. 1\u201358).<\/p>\n
See consolidated version.<\/p>\n
Council Decision 2004\/512\/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, pp. 5\u20137).<\/p>\n
See consolidated version.<\/p>\n
last update 12.11.2021<\/p>\n
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Establishment of the visa information system (VIS) \u2013 Stage 1 SUMMARY OF: Decision 2004\/512\/EC establishing the visa information system (VIS) WHAT IS THE AIM OF THE DECISION? Decision 2004\/512\/EC set up the visa information system (VIS) for sharing visa data between European Union (EU) Member States. This enables authorised national authorities to enter and update […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[221],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/18064"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=18064"}],"version-history":[{"count":2,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/18064\/revisions"}],"predecessor-version":[{"id":18304,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/18064\/revisions\/18304"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=18064"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=18064"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=18064"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}