Category Archives: V

Vocational training

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Vocational training

Outline of the Community (European Union) legislation about Vocational training

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Education training youth sport > Vocational training

Vocational training

Citizens must be able to acquire the skills, knowledge and competences required of them in today’s knowledge-based economy. Vocational education and training (VET) plays a key role. European cooperation in VET aims to ensure that the European labour market is open to all. Based on the Copenhagen process, it consists of the development of common European frameworks and tools that enhance the transparency, recognition and quality of competences and qualifications, as well as facilitate the mobility of learners and workers. The European Centre for the Development of Vocational Training (Cedefop) and the European Training Foundation (ETF) are the main bodies involved in supporting cooperation in VET.

VOCATIONAL TRAINING

  • Priorities for vocational education and training (2011-2020)
  • The Copenhagen process: enhanced European cooperation in vocational education and training
  • A new impetus for cooperation in vocational education and training
  • Cooperation in vocational education and training (VET)
  • European Quality Assurance Reference Framework for VET
  • European Credit system for Vocational Education and Training (ECVET)
  • European Qualifications Framework
  • EUROPASS – Serving citizen mobility
  • EUROPASS-Training
  • Education and training in the nuclear energy field
  • Right of residence for students

PROGRAMMES

  • Lifelong Learning Programme 2007-13
  • Leonardo da Vinci (Phase II) 2000-2006
  • IRIS II
  • Iris
  • PETRA II
  • PETRA I
  • Force
  • Eurotecnet
  • Comett II
  • Comett I

ORGANISATIONS

  • Education, Audiovisual and Culture Executive Agency
  • European Training Foundation (ETF)
  • Advisory Committee on Vocational Training
  • Cedefop (European Centre for the Development of Vocational Training)

RECOGNITION OF QUALIFICATIONS

  • System for the recognition of professional qualifications
  • Lawyers: freedom of establishment

Veterinary checks, animal health rules, food hygiene

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Veterinary checks, animal health rules, food hygiene

Outline of the Community (European Union) legislation about Veterinary checks, animal health rules, food hygiene

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Veterinary checks animal health rules food hygiene

Veterinary checks, animal health rules, food hygiene

At the beginning of the 2000s, the European Union introduced an initiative called ‘From the Farm to the Fork’ based on risk analysis and traceability, with the aim of guaranteeing food safety. In line with this approach, foodstuffs are monitored at all susceptible stages of the production chain, in order to make sure that strict hygiene rules are adhered to. The EU also regulates on the trade in animals and animal products between Membe States and with third countries. The EU and its Member States have a number of instruments at their disposal to ensure that these checks are carried out properly, such as the European Food Safety Authority or the TRACES system (TRAde Control and Expert System).

CONTROLS AND FOOD HYGIENE RULES

Hygiene package

  • Food hygiene
  • Hygiene for food of animal origin
  • Official controls on products of animal origin intended for human consumption

Additional acts

  • Food and feed safety
  • Official feed and food controls
  • Animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption

INFORMATION EXCHANGES AND VERIFICATION MECHANISMS

  • TRACES system
  • CIS system
  • SHIFT system
  • Mutual assistance between national administrations
  • Training of food safety control authorities

IMPORTS FROM THIRD COUNTRIES AND INTRA-COMMUNITY TRADE

General provisions

  • Imports of products
  • Checks on the imports of live animals
  • Imports of products of animal origin
  • Intra-Community trade and imports of certain animals and their semen, ova and embryos
  • Veterinary and zootechnical checks of animals and products of animal origin for intra-Community trade
  • Animal health and public health: other products of animal origin
  • Marketing of pure-bred animals

Specific provisions – Cattle

  • Intra-Community trade of bovine animals and swine
  • Intra-Community trade in bovine pure-bred breeding animals
  • Intra-Community trade in and imports of bovine embryos
  • Intra-Community trade in and imports of bovine semen
  • Placing on the market and administration of bovine somatotrophin
  • Identification and labelling of beef and veal

Specific provisions – Pigs

  • Identification and registration of pigs
  • Intra-Community trade in and imports of porcine semen
  • Intra-Community trade in breeding pigs

Specific provisions – Ovine and caprine animals

  • Identification and registration of ovines and caprines
  • Intra-Community trade in ovine and caprine animals
  • Intra-Community trade in pure-bred breeding sheep and goats

Specific provisions – Bird species

  • Bird imports
  • Intra-Community trade in poultry and hatching eggs
  • Production and marketing of eggs and chicks

Specific provisions – Equidae

  • Intra-Community movement and importation of equidae
  • Intra-Community trade in equidae and their semen, ova and embryos
  • Competitions and intra-Community trade in equidae

Specific provisions – Meat and meat-based products

  • Prohibition on administering hormones (and other substances) to farm animals
  • Monitoring substances having a hormonal action and other substances in animals and animal products

Other specific provisions

  • Non-commercial movements of pet animals
  • Imports and transit of certain ungulate animals
  • Raw milk and dairy products
  • Untreated and Heat-treated milk
  • Animal health requirements for aquaculture animals and products thereof
  • Placing on the market of aquaculture animals and products

Vulnerable road users and frontal protection systems

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Vulnerable road users and frontal protection systems

Outline of the Community (European Union) legislation about Vulnerable road users and frontal protection systems

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Motor vehicles > Technical implications of road safety

Vulnerable road users and frontal protection systems

Technical requirements for the frontal protection systems of motor vehicles are laid down with the aim of improving the protection of pedestrians and other vulnerable road users in the event of a collision with a vehicle equipped with such a system.

Document or Iniciative

Directive 2005/66/EC of the European Parliament and of the Council of 26 October 2005 relating to the use of frontal protection systems on motor vehicles and amending Council Directive 70/156/EEC.

Summary

Frontal protection systems or “bull bars”, which are increasingly common and present an increased safety risk to pedestrians and other vulnerable road users, must now meet certain technical requirements.

The improvement of the frontal structures of vehicles actually helps to considerably attenuate the severity of injuries to pedestrians and other vulnerable road users, particularly if the vehicle is moving at reduced speed (under 40 km/h) at the time of collision.

Scope

The vehicles covered by the Directive are passenger cars and light commercial vehicles (category M1 and N1 vehicles weighing less than 3.5 tonnes).

The technical requirements of the Directive apply not only to frontal protection systems fitted to a vehicle as original equipment but also to systems supplied as separate technical units.

Technical requirements

The Directive lays down technical requirements for the testing, construction and installation of frontal protection systems. These requirements form part of the Community type-approval procedure established by Directive 70/156/EEC.

Timetable

These provisions apply from 25 November 2006 to new types of vehicles as well as to new types of frontal protection systems supplied as separate technical units.

As of 25 May 2007, they will apply to all new vehicles and all frontal protection systems available as separate technical units.

By 25 August 2010 at the latest, the Commission will re-examine these provisions in the light of technical progress and experience gained.

Context

The technical requirements laid down for frontal protection systems are part of the recent focus on the protection of pedestrians and other vulnerable road users, particularly under Directive 2003/102/EC relating to the protection of pedestrians and other vulnerable road users before and in the event of a collision with a motor vehicle. Road safety measures have thus been extended beyond the protection of only the occupants of vehicles.

The technical requirements laid down for frontal protection systems help to achieve the objective set by the European Commission in its European Road Safety Action Programme to halve the number of road accident victims by 2010.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 2005/66/EC 15.12.2005 25.08.2006 OJ L 309 of 25.11.2005

Related Act

Directive 2003/102/EC of the European Parliament and of the Council of 17 November 2003 relating to the protection of pedestrians and other vulnerable road usersbefore and in the event of a collision with a motor vehicle and amending Council Directive 70/156/EEC [OJ L 321 of 6.12.2003].

VAT: special arrangements applicable to services supplied electronically

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VAT: special arrangements applicable to services supplied electronically

Outline of the Community (European Union) legislation about VAT: special arrangements applicable to services supplied electronically

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Information society > Interaction of the information society with certain policies

VAT: special arrangements applicable to services supplied electronically

The objective of this Directive is to create a level playing field for European Union (EU) businesses with regard to the indirect taxation of electronic commerce. The Directive also aims to make compliance for non-EU businesses as easy and straightforward as possible. The changes modernise the existing VAT place-of-supply rules for services by including the electronic commerce sector.

Document or Iniciative

Council Directive 2002/38/EC of 7 May 2002 amending and amending temporarily Directive 77/388/EEC as regards the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services [See amending acts].

Summary

Until now, the uniform basis of assessment provided for by the common system of value-added tax (VAT) has not adequately addressed the supply of services delivered electronically because the supply of services in this way was simply not envisaged when the existing tax system was set up. As a result, the application of the prior VAT rules to these transactions produced perverse and discriminatory results. Previously, electronically delivered services originating within the EU were generally subject to VAT irrespective of the place of consumption, while those from outside the EU were not subject to VAT even when delivered within the EU.

The objective of this Directive is to introduce new harmonised rules and thus eliminate distortions in competition for radio and television broadcasting services and electronically supplied services within the EU. The absence of a clear and fair tax regime was a disincentive to investment and put EU business at a competitive disadvantage.

The principal changes in the uniform basis of assessment provided for by the common system of VAT concern the place of taxation for services supplied in electronic form over electronic networks.

Electronically supplied services include services such as cultural, artistic, sporting, scientific, educational, entertainment, information and similar services as well as software, video games and computer services generally. The result is that:

  • for specified electronically delivered services, when supplied by a non-EU operator to an EU customer, the place of taxation is within the EU and accordingly they are subject to VAT;
  • when these services are provided by an EU operator to a non-EU customer, the place of taxation is where the customer is located and they are not subject to EU VAT;
  • when an EU operator provides these services to a business in another Member State, the place of supply is the place where the business customer is established;
  • where the EU operator provides these services to a private individual in the EU or to a taxable person in the same Member State, the place of supply continues to be where the supplier is located;

Non-EU operators are required to register for VAT purposes only when their business involves sales to final consumers. If they supply to EU businesses (and this covers the vast bulk of such transactions), they face no obligations at all as the business customers account for the VAT themselves on a self-assessment basis under the “reverse charge mechanism”.

The simplest and most attractive option for non-EU businesses is to make use of the Directive’s simplified scheme for such businesses. This allows them to identify themselves for EU tax purposes in a single European Member State, taking advantage of streamlined compliance and on-line reporting procedures.

Non-EU businesses are able to register with a tax authority in a Member State of their choosing. They are required to charge VAT to non-business customers in the EU according to the standard tax rate in the Member State where the customer lives.

Every three months, they pay the tax they have collected to the administration where they have registered, together with a return in electronic form detailing total sales for each EU Member State. On the basis of this information, the Member State of registration re-allocates tax revenue to the country of the consumer.

This simplified scheme for non-EU businesses is to be applied for three years, with the option of moving towards a more technically advanced scheme.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 2002/38/EC 15.5.2002 1.7.2003 OJ L 128, 15.5.2002
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2006/58/EC 28.6.2006 1.7.2006 28.6.2006

Related Acts

Council Directive 2006/138/EC of 19 December 2006 amending Directive 2006/112/EC on the common system of value added tax as regards the period of application of the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services [Official Journal L 384 of 29.12.2006].

Report from the Commission to the Council on Council Directive 2002/38/EC of 7 May 2002 amending and amending temporarily Directive 77/388/EEC as regards the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services [COM(2006) 210 final – not published in the Official Journal].

This report looks at the services covered by the Directive and the practical questions relating to the administration of the tax as well as its longer term operational framework.

Council Regulation (EC) No 1798/2003 of 7 October 2003 on administrative cooperation in the field of value added tax and repealing Regulation (EEC) No 218/92 [Official Journal L 264, 15.10.2003].

This Regulation sets out to enhance cooperation between Member States’ tax administrations to help combat VAT fraud by removing remaining obstacles to the exchange of information. It has three main objectives:

  • to establish clear and binding rules on the exchange of information (in particular by electronic means),
  • to provide for direct contacts between national departments for combating fraud, and
  • to increase the exchange of information.

VAT: mutual assistance for the recovery of claims

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VAT: mutual assistance for the recovery of claims

Outline of the Community (European Union) legislation about VAT: mutual assistance for the recovery of claims

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Other

VAT: mutual assistance for the recovery of claims

This Directive lays down rules to be incorporated into the laws, regulations and administrative provisions of the Member States in order to ensure that claims arising out of the financing of the European Agricultural Guidance and Guarantee Fund or relating to agricultural levies, customs duties or value-added tax can be recovered in any Member State.

Document or Iniciative

Council Directive 76/308/EEC of 15 March 1976 on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties, and in respect of value-added tax [See amending acts]

Summary

This Directive concerns mutual assistance for the recovery of claims.

The authority in a Member State seeking assistance with a claim covered by the Directive is known as the “applicant authority”; in order to recover the claim, it addresses a request for assistance to a competent authority in another Member State, known as the “requested authority”.

At the request of the applicant authority, the requested authority is to provide any information which would be useful in the recovery of the claim.

At the request of the applicant authority, the requested authority is to notify to the addressee all instruments and decisions which emanate from the Member State of the applicant authority and relate to a claim and/or to its recovery.

At the request of the applicant authority, the requested authority is to recover claims which are the subject of an instrument permitting their enforcement.

The request for recovery sent by the applicant authority must be accompanied by an instrument permitting enforcement of the claim, which must not be contested in the applicant authority’s own Member State. In addition, the measures taken in the applicant authority’s Member State must not have resulted in the payment in full of the claim.

Claims are recovered in the currency of the Member State of the requested authority, which may, after consulting the applicant authority, allow the debtor time to pay; any interest charged here is remitted to the applicant authority’s Member State.

An interested party wishing to contest the claim and/or the instrument permitting its enforcement issued in the Member State of the applicant authority may bring an action before the competent body of that Member State. Where it is the enforcement measures taken in the requested authority’s Member State that are being contested, the action is to be brought before the competent body of that Member State. As soon as the requested authority is informed that an action has been brought, it must suspend the enforcement procedure.

Questions concerning periods of limitation are governed by the laws of the Member State of the applicant authority.

Member States renounce all claims upon each other for the reimbursement of costs resulting from mutual assistance under the Directive. The applicant authority’s Member State is liable for costs incurred as a result of actions held to be unfounded, as far as either the substance of the claim or the validity of the instrument issued by the applicant authority is concerned.

A Committee on Recovery is set up and may examine any matter concerning the application of the Directive.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 76/308/EEC 19.03.1976 01.01.1978 OJ L 73 of 19.03.1976
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2001/44/EC 18.07.2001 30.06.2002 OJ L 175 of 28.06.2001
Directive 79/1071/EEC 07.12.1979 01.01.1981 OJ L 331 of 27.12.1979

Related Acts

Commission Directive 77/794/EEC of 4 November 1977 laying down detailed rules for implementing certain provisions of Council Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties, and in respect of value-added tax [Official Journal L 333 of 24.12.1977]

Council Directive 2001/44/EC of 15 June 2001 amending Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties and in respect of value added tax and certain excise duties [Official Journal L 175 of 28.06.2001]

This Directive aims to extend the scope of mutual assistance as laid down by Directive 76/308/EEC on claims relating to certain revenue and wealth taxes, in order to better protect the financial interests of Member States and the neutrality of the internal market. It also aims to enable more efficient recovery of claims covered by a recovery request and finally, to encourage Member States to make use of mutual assistance for recovery.

Commission Directive 2002/94/EC of 9 December 2002 laying down detailed rules for implementing certain provisions of Council Directive 76/308/EEC on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures [Official Journal L 337 of 13.12.2002]

Report from the Commission to the Council and the European Parliament of 8 February 2006 on the use of the provisions on mutual assistance for the recovery of claims relating to certain levies, duties, taxes and other measures [COM(2006) 43 final – Not published in the Official Journal]

 

VAT: labour-intensive services

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VAT: labour-intensive services

Outline of the Community (European Union) legislation about VAT: labour-intensive services

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Job creation measures

VAT: labour-intensive services

The present directive allows those Member States wishing to do so to experiment with the operation and impact, in terms of job creation, of a targeted reduction of the VAT rate for labour-intensive services.

Document or Iniciative

Council Directive 1999/85/EC of 22 October 1999 amending Directive 77/388/EEC as regards the possibility of applying on an experimental basis a reduced VAT rate on labour-intensive services [Official Journal L 277 of 28.10.1999].

Council Directive 2006/18/EC of 14 February 2006 amending Directive 77/388/EEC with regard to reduced rates of value added tax [Official Journal L 51 of 22.2.2006]

Summary

Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes – common system of value added tax: uniform basis of assessment provides that Member States may apply either one or two reduced rates, of at least 5%, on supplies of goods and services of a social and cultural nature.

This Directive amends Directive 77/388/EEC. It allows Member States to apply the reduced rates to the services listed in a maximum of two of the categories set out in the Annex.

The services in question are:

  • small repair services (bicycles, shoes and leather goods, clothing and household linen);
  • renovation and repair of private dwellings, excluding materials which form a significant part of the value of supply;
  • window cleaning and cleaning in private households;
  • domestic care services;
  • hairdressing.

All these services must satisfy the following requirements:

  • they must be local and labour intensive;
  • they must be supplied direct to consumers;
  • they must not be likely to create distortions for competition;
  • they must have a high price elasticity (if their price falls, demand increases).

The Member States must present a general report to the Commission assessing the effectiveness of the measures in terms of its objectives.

The Commission must submit a report to Parliament and the Council on the Directive, its relevance and implementation.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 1999/85/EC 28.10.1999 31.12.2002 OJ L 277 of 28.10.1999

Related Acts

Council Decision of 30 January 2007 authorising Romania to apply a reduced rate of VAT to certain labour-intensive services referred to in Article 106 of Directive 2006/112/EC [Official Journal L 22 of 31.1.2007].

Council Decision of 7 November 2006 authorising certain Member States to apply a reduced rate of VAT to certain labour-intensive services in accordance with the procedure provided for in Article 28(6) of Directive 77/388/EEC [Official Journal L 314 of 15.11.06].

Council Directive 2004/15/EC of 10 February 2004 amending Directive 77/388/EEC to extend the facility allowing Member States to apply reduced rates of VAT to certain labour-intensive services [Official Journal L 52 of 21.02.2004].

Report of 2 June 2003 from the Commission to the Council and the European Parliament entitled “Experimental application of a reduced rate of VAT to certain labour-intensive services” [COM(2003) 309 – Not published in the Official Journal].

In this report the Commission gives a global evaluation of the experiment to test the effect that reducing the VAT rate on specific, labour-intensive services has had on job creation and cutting back the black economy. Where the services included in the experiment in nine Member States are concerned (small repair services, renovation and repair of private dwellings, window cleaning, domestic care services and hairdressing), the report states that there is no solid evidence of the measure having had a favourable effect on jobs or having reduced the black economy.

Council Directive 2002/93/EC of 3 December 2002 amending Directive 77/388/EEC to extend the facility allowing Member States to apply reduced rates of VAT to certain labour-intensive services [Official Journal L 18 of 23.1.03].

Council Decision of 28 February 2000 authorising Member States to apply a reduced rate of VAT to certain labour-intensive services in accordance with the procedure provided for in Article 28(6) of Directive 77/388/EEC [Official Journal L 59 of 4.3.2000].

 

Veterinary and phytosanitary inspections

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Veterinary and phytosanitary inspections

Outline of the Community (European Union) legislation about Veterinary and phytosanitary inspections

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Food safety > Food safety: general provisions

Veterinary and phytosanitary inspections

In March 1996, the British Government published research results pointing to a possible link between BSE (bovine spongiform encephalopathy) and new-variant Creutzfeldt-Jakobs disease in humans. This triggered a deep crisis of confidence in the safety of the food offered to European consumers.

As a result of this crisis, the Commission decided to restructure its safety protection and food hygiene departments by separating the departments responsible for drawing up legislation, scientific consultation and inspection and by improving the transparency and dissemination of information.

At the heart of this restructuring, announced by President Santer in his address to the European Parliament in February 1997, were:

  • the creation of eight committees to replace the scientific committees dealing with consumer health protection and a scientific steering committee, concerned mainly with the multidisciplinary aspects of BSE. The competences of five of these committees (those dealing with food, veterinary and phytosanitary issues) were transferred in 2003 to the European Food Safety Authority;
  • the transformation of the Community Office for Veterinary and Phytosanitary Inspection and Control, attached to the Directorate-General for Agriculture, into a Food and Veterinary Office attached to the Directorate-General for Consumer Policy and Consumer Health Protection.

The Food and Veterinary Office (FVO)

The FVO is responsible for monitoring Member States’ and third countries’ compliance with Community veterinary, phytosanitary and food hygiene legislation, thus helping to maintain consumer confidence in the safety of food products. To this end, the FVO performs audits, controls and inspections in situ to check whether the safety and food hygiene regulations are being observed along the entire production chain, either in Member States themselves or in countries which export to the EU. It then passes on its findings and recommendations to the national and Community authorities and the general public.

The FVO performs its monitoring function in accordance with the principles of independence, transparency and excellence. In concrete terms, the inspections and audits it carries out relate to:

  • foodstuffs of animal origin, for which it examines monitoring systems in the Member States, the use of chemicals (veterinary medicinal products, growth stimulants, pesticides) and imported products;
  • foodstuffs of vegetable origin, in particular pesticide residues on fruit and vegetables and organic fruit and vegetables, including imported products;
  • animal health, notably epidemics (e.g. swine fever);
  • animal welfare and zootechnics (transport, slaughtering, etc.);
  • plant health (monitoring of organisms harmful to plants, genetically modified organisms, pesticides, organic agriculture).

During its first year, the FVO performed more than two hundred inspections in Member States and third countries.

 

VIS Regulation

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VIS Regulation

Outline of the Community (European Union) legislation about VIS Regulation

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

VIS Regulation

Document or Iniciative

Regulation (EC) Noof 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) [See amending act(s)].

Summary

The purpose of the Visa Information System (VIS) is to improve the implementation of the common visa policy, consular cooperation and consultations between the central visa authorities by:

  • facilitating the visa application procedure;
  • preventing ‘visa shopping’;
  • facilitating the fight against fraud;
  • facilitating checks at external border crossing points and in the national territories;
  • assisting in the identification of persons that do not meet the requirements for entering, staying or residing in the national territories;
  • facilitating the application of the Dublin II Regulation for determining the EU country that is responsible for the examination of a non EU-country national’s asylum application and for examining said application;
  • contributing to the prevention of threats to EU countries’ internal security.

In 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. The procedures for consultations under such circumstances are laid down in Council Decision 2008/663/JHA. These consultations are carried out via central access points in the participating countries and by Europol, who verify the requests and ensure conformity with the above decision.

Only the following categories of data are recorded in the VIS:

  • alphanumeric data * on the applicant and on the visas requested, issued, refused, annulled, revoked or extended;
  • photographs;
  • fingerprint data;
  • links to previous visa applications and to the application files of persons travelling together.

Access to the VIS:

  • for entering, amending or deleting data, is reserved exclusively to duly authorised staff of the visa authorities;
  • for consulting data, is reserved exclusively to duly authorised staff of the visa authorities and authorities competent for checks at the external border crossing points, immigration checks and asylum, and is limited to the extent the data is required for the performance of their tasks.

The authorities with access to VIS must ensure that its use is limited to that which is necessary, appropriate and proportionate for carrying out their tasks. Furthermore, they must ensure that in using VIS, the visa applicants and holders are not discriminated against and that their human dignity and integrity are respected.

Entering of data by the visa authorities

Once an application is found admissible as set out in the Visa Code, the visa authority creates the application file by entering into the VIS a set of data listed in this regulation, such as the applicant’s personal and travel details provided in the application form, photograph and fingerprints.

Where a decision has been taken to issue a visa, the visa authority adds other relevant data, including the type of visa, the territory in which the visa holder is entitled to travel, the period of validity, the number of entries allowed in the territory and the duration of the authorised stay.

Additional data must also be entered if the visa authority representing another EU country discontinues the examination of an application as well as when a decision has been taken to refuse, annul or revoke a visa, or to extend the validity period of a visa.

Use of the data by the visa and other competent authorities

The competent visa authority may consult the VIS for the purpose of examining applications and decisions to issue, refuse, extend, annul or revoke a visa, or to shorten a visa’s validity period. It is authorised to carry out searches with some of the data included in the application form and the application file. If the search indicates that data on the applicant is recorded in the VIS, the visa authority will be given access to the application file and linked application files.

For prior consultation, the country responsible for examining the application must transmit any consultation requests with the application number to the VIS, indicating the country or countries to be consulted. The VIS will forward the request to the country concerned, which will, in turn, send the response to the VIS, which will then forward the response to the requesting country.

For statistical and reporting purposes, the visa authorities are authorised to consult data that does not allow for the identification of the applicant.

The authorities responsible for carrying out checks at external borders and within the national territories have access to search the VIS with the number of the visa sticker together with fingerprints. They may search the VIS for the purpose of verifying the identity of the person and/or the authenticity of the visa and/or whether the person meets the requirements for entering, staying in or residing within the national territories. If, based on this search, data on the visa holder is found in the VIS, the relevant authorities may consult certain data in the application file.

For identifying a person who may not or may no longer fulfil the required conditions, the competent authorities have access to search with fingerprint data. If that person’s fingerprints cannot be used or the search with the fingerprints fails, the relevant authorities may search the VIS with the name, sex, date and place of birth and/or information taken from the travel document. These may be used in combination with the nationality of the person.

Asylum authorities have access to search the VIS with fingerprint data, but solely for the purposes of determining the EU country responsible for the examination of an asylum application and of examining an asylum application. However, if the fingerprints of the asylum seeker cannot be used or the search fails, the authorities may carry out the search with the data set out above.

Each application file is stored in the VIS for a maximum of five years. Only the country responsible has the right to amend or delete data it has transmitted to the VIS.

Operation and responsibilities

After a transitional period, during which the Commission is in charge, the Management Authority will be responsible for the operational management of the Central VIS and the national interfaces. In addition, ensuring a communication infrastructure between these two, the Management Authority will be in charge of the supervision, security and the coordination of relations between the participating countries and the service provider. The Management Authority will also ensure that the VIS is operated in accordance with the VIS Regulation and that only duly authorised staff has access to data processed in the VIS.

The VIS is connected to the national system of each country via the country’s national interface. Participating countries designate a national authority that is connected to the national interfaces and that provides access to VIS by the relevant authorities.

Each country is responsible for:

  • the development, organisation, management, operation and maintenance of its national system;
  • ensuring the security of data before and during transmission to its national interface and, to this end, adopting a security plan;
  • the management and arrangements for access by duly authorised staff of its competent national authorities to the VIS in accordance with this regulation;
  • bearing the costs incurred by its national system.

Data in the VIS is not to be communicated to third countries or international organisations unless indispensable for attesting a third-country national’s identity in individual cases. The communication may be made when a set of conditions are met, with due respect to the rights of refugees and persons requesting international protection.

Data protection

The responsible country provides the persons concerned with information on the identity and contact details of the controller responsible for the processing of the data, the purposes for which the data is processed within the VIS, the categories of the recipients of the data, the period of retention of the data and the right to access, correct and delete the data. In addition, the country must inform the persons concerned of its obligation to collect the data. Any person is entitled to receive information on how to bring an action or a complaint before the competent authorities or courts of the country concerned if he/she is refused the right of access to, or the right of correction or deletion of, data relating to him/her.

Each EU country must require a National Supervisory Authority, established in accordance with Directive 95/46/EC, to monitor the lawfulness of the processing of personal data by that country. The European Data Protection Supervisor will monitor the activities of the Management Authority.

Start of operations

The VIS will become operational once the technical implementation of the Central VIS, the national interfaces and the communication infrastructure have been completed and a comprehensive test of the VIS has been carried out. The countries must also have taken the required steps for the collection and transmission of data in a first region, followed by a gradual roll-out in other regions.

As a Schengen instrument, this regulation applies to EU countries with the exception of the United Kingdom and Ireland, which will not be bound by the regulation. Denmark has decided to implement the regulation. The regulation also applies to Iceland, Norway and Switzerland.

Key terms used in the act
  • Alphanumeric data: data represented by letters, digits, special characters, spaces and punctuation marks.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 767/2008

2.9.2008

–

OJ L 218 of 13.8.2008
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 810/2009

5.10.2009

–

OJ L 243 of 15.9.2009

Related Acts

Commission Decision 2010/260/EU of 4 May 2010 on the Security Plan for the operation of the Visa Information System [Official Journal L 112 of 2.2.2010].

Commission Decision 2010/49/EC of 30 November 2009 determining the first regions for the start of operations of the Visa Information System (VIS) [Official Journal L 23 of 27.1.2010].

Commission Decision 2009/876/EC of 30 November 2009 adopting technical implementing measures for entering the data and linking applications, for accessing the data, for amending, deleting and advance deleting of data and for keeping and accessing the records of data processing operation in the Visa Information System [Official Journal L 315 of 2.12.2009].

Commission Decision 2009/756/EC of 9 October 2009 laying down specifications for the resolution and use of fingerprints for biometric identification and verification in the Visa Information System [Official Journal L 270 of 15.10.2009].

Commission Decision 2009/377/EC of 5 May 2009 adopting implementing measures for the consultation mechanism and the other procedures referred to in Article 16 of Regulation (EC) No 767/2008 of the European Parliament and 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) [Official Journal L 117 of 12.5.2009].
The implementing measures for consultations and requests for documents via the VIS are set out in the annex to this decision. Currently, the Schengen Consultation Network (VISION) is used as the communication network for consultations on visas. Once the VIS becomes operational, the VIS Mail mechanism may be used in parallel to transmit messages:

  • relating to consular cooperation;
  • relating to requests for any supporting documents linked to an application;
  • indicating that inaccurate data has been processed in the VIS;
  • indicating that the applicant has acquired the nationality of an EU country.

Once all Schengen visa issuing posts are connected to the VIS, the VIS Mail mechanism shall be the sole communication network for exchanging messages via the VIS.

Visa Code

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Visa Code

Outline of the Community (European Union) legislation about Visa Code

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

Visa Code

Document or Iniciative

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).

Summary

The aim of the regulation is to establish the conditions and procedures for issuing visas for short stays in (maximum of three months during any six-month period) and transit through the Member States of the European Union (EU) and the associated states applying the Schengen acquis in full. It applies to nationals of third countries that must be in possession of a visa when crossing the external border of the Union, as listed in Regulation (EC) No 539/2001.

In addition, the regulation lists the third countries whose nationals must hold an airport transit visa for passing through the international transit areas of Member State airports (Annex IV). In urgent cases of mass influx of illegal immigrants, any Member State may extend this requirement to nationals of other third countries.

Procedures and conditions for issuing visas

The Member State that is the sole or the main destination of the visit is responsible for examining the visa application. If the main destination cannot be determined, the Member State of entry into the Union is competent. In the case of transit, the Member State through which the transit takes place or, in case of multiple transits, the Member State of first transit is responsible. Generally, the visa application must be submitted to the consulate of the Member State concerned.

Member States may establish bilateral arrangements for representing each other for the purpose of collecting visa applications or issuing visas. They may also cooperate through co-location or a common application centre.

A visa application may be lodged by the applicant or an accredited commercial intermediary at the earliest three months before the intended visit. When lodging an application, the applicant must appear in person, unless this requirement has been waived. Upon lodging an application, the following must be presented:

  • an application form, as set out in Annex I;
  • a valid travel document;
  • a photograph;
  • supporting documents as set out in Annex II, as well as proof of sponsorship and/or accommodation if requested by the Member State;
  • proof of possession of travel medical insurance, if applicable.

Apart from certain exceptions, the applicant must allow the collection of his/her fingerprints and pay a visa fee. The visa fee may be waived or reduced in individual cases, for example for cultural, foreign and development policy reasons. An external service provider may charge an additional service fee.

After verifying the admissibility of the application, the competent authority must create an application file in the Visa Information System (VIS), following the procedures set out in the VIS Regulation. A further examination of the application must be carried out to verify that the applicant fulfils the entry conditions as set out in the Schengen Borders Code, does not pose a risk of illegal immigration or a threat to the security of the Member State and intends to leave the Member State before the visa expires.

A decision on an admissible application must be taken within 15 calendar days from the date on which it was lodged. In exceptional cases, this time limit may be extended. A decision is taken on whether to issue or refuse a uniform visa or a visa with limited territorial validity or, in case of representation of another Member State, to discontinue the examination in order to transfer the application to the latter’s relevant authorities.

A uniform visa may be issued for one, two or multiple entries with a maximum validity of five years. For a transit visa (including airport transit visa), the period of validity must correspond to the time needed for the transit. A 15-day “period of grace” is usually added. In certain cases, the period of validity of a visa may be extended. Under certain circumstances, the visa may also be annulled or revoked.

A uniform visa or visa with territorial validity does not automatically provide a right of entry to the visa holder.

A visa is refused if the applicant:

  • presents a false travel document;
  • gives no justification for the purpose and conditions of the intended stay;
  • provides no proof of sufficient means of subsistence for the duration of the stay nor for the return to his/her country of origin/residence;
  • has already exhausted the three months of the current six-month period;
  • has been issued an alert in the Schengen Information System (SIS) for the purpose of refusing entry;
  • is considered to be a threat to the public policy, internal security or public health of one of the Member States;
  • provides no proof of travel medical insurance, if applicable;
  • presents supporting documents or statements whose authenticity or reliability is doubtful.

The applicant must be notified of a decision to refuse, annul or revoke a visa with the standard form set out in Annex VI. Such a decision may be appealed in the Member State that took it, in accordance to its national law.

Exceptionally, a visa application may be submitted to the authority responsible for checks on persons at the external border of the Member State of destination. A visa issued at a border crossing point may allow for a stay of maximum 15 days or cover the time needed for a transit.

Application

This regulation amends the VIS Regulation and the Schengen Borders Code. It also repeals Articles 9-17 of the Convention implementing the Schengen Agreement and the Common Consular Instructions.

The regulation applies from 5 April 2010. Articles 32(2) and (3), 34(6) and (7), and 35(7) apply from 5 April 2011.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 810/2009

5.10.2009

–

OJ L 243 of 15.9.2009

Visa requirements for non-EU nationals

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Visa requirements for non-EU nationals

Outline of the Community (European Union) legislation about Visa requirements for non-EU nationals

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

Visa requirements for non-EU nationals

Document or Iniciative

Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement [See amending act(s)].

Summary

This regulation harmonises the visa * requirements for non-European Union (EU) nationals entering the EU. It provides a common list of countries whose nationals must hold a visa when crossing the external borders of a Member State (Annex I).

The regulation also lists the countries whose nationals are exempt from the visa requirement for stays of maximum three months (Annex II). In addition, the visa requirement is waived for:

  • non-EU nationals who hold a local border traffic permit;
  • non-EU school pupils who are residents of a Member State and travelling with their schools for the purpose of a school excursion;
  • recognised refugees and stateless persons who hold a travel document from the Member State in which they are residing.

Optional exceptions to the visa requirement

A Member State may grant exceptions to the visa requirement or the exemption from the visa requirement to the following persons:

  • holders of diplomatic, service/official and special passports;
  • civilian air and sea crew;
  • flight crew and attendants on emergency/rescue flights;
  • holders of laissez-passer.

The following persons may also be exempted from the visa requirement:

  • school pupils that are nationals of a non-EU country whose nationals require a visa, but that are residing in a non-EU country that is exempt from this requirement or in Switzerland or Liechtenstein, and that are travelling with their schools for the purpose of a school excursion;
  • recognised refugees and stateless persons residing in and having a travel document from a non-EU country exempt from the visa requirement;
  • holders of North Atlantic Treaty Organisation (NATO) identification and movement orders, and members of the armed forces travelling within the framework of NATO or Partnership for Peace operations.

An exception to the exemption from a visa requirement may also be made for persons who perform a paid activity during their stay.

Member States must notify each other and the Commission of any exceptions they decide to apply.

Principle of reciprocity: breaches by a non-EU country

If one of the countries whose nationals are exempt from the visa requirement (Annex II) introduces such a requirement for the nationals of a Member State, that Member State must notify the Commission and the Council. This notification is then published in the Official Journal of the EU. Subsequently, the Commission is to contact the authorities of the non-EU country in question with a view to restoring visa-free travel.

Within 90 days of publication of the notification, the Commission must report to the Council. It may propose the temporary restoration of a visa requirement to the nationals of the non-EU country. The Council must take a decision on the proposal within three months. If the non-EU country abolishes the visa requirement, all temporary measures imposed on it will be terminated.

Key terms used in the act
  • Visa: an authorisation issued by a Member State or a decision taken by such a state that is required with a view to:
    1. entry for an intended stay in that Member State or in several Member States of no more than three months in total;
    2. entry for transit through the territory of that Member State or several Member States, except for transit at an airport.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 539/2001

10.4.2001

–

OJ L 81 of 21.3.2001
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 2414/2001

1.1.2002

–

OJ L 327 of 12.12.2001
Regulation (EC) No 851/2005

25.6.2005

–

OJ L 141 of 4.6.2005
Regulation (EC) No 1932/2006

19.1.2007

–

OJ L 405 of 30.12.2006

Successive amendments and corrections to Regulation (EC) No 539/2001 have been incorporated in the basic text. This consolidated versionis for reference purposes only.

LAST AMENDMENTS OF ANNEXES

Annex I and II
Regulation (EU) No 1211/2010 [OJ L 339 of 22.12.2010].