Tag Archives: Visa policy

Establishment of the Visa Information System – Stage 1

Outline of the Community (European Union) legislation about Establishment of the Visa Information System – Stage 1

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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

Establishment of the Visa Information System (VIS) – Stage 1

Document or Iniciative

Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS).

Summary

The Visa Information System (VIS) is based on a centralised architecture. It consists of a central information system, the “Central Visa Information System” (CS-VIS), of an interface in each Member State, the “National Interfaces” (NI-VIS) that provide the connection to the relevant central national authorities of the respective Member States, and of a communication infrastructure between the Central Visa Information System and the National Interfaces.

The Commission is responsible for developing the:

Central Visa Information System;
National Interface in each Member State;
communication infrastructure between the Central Visa Information System and the National Interfaces.

The national infrastructures are adapted by the Member States.

The measures to be developed by the Commission are adopted in accordance with the advisory procedure of the comitology Decision 1999/468/EC for matters relating to the:

design of the physical architecture of the system;
technical aspects that have a bearing on the protection of personal data;
technical aspects that have serious financial implications for the budgets of the Member States or that have serious technical implications for the national systems of the Member States;
development of security requirements, including biometric aspects.

Other necessary measures are adopted using the management procedure of the comitology Decision.

The Commission will submit a yearly progress report to the European Parliament and the Council, starting in the year following the signing of the contract for the development of the VIS.

Context

The Seville European Council on 21 and 22 June 2002 considered the establishment of a common identification system for visa data a top priority and called for its introduction as soon as possible. In response to this request, the Commission presented a feasibility study in May 2003. The Council welcomed the study in June 2003 and invited the Commission to continue its preparatory work on the development of the VIS.

This Decision constitutes the required legal basis to allow for the inclusion of the necessary appropriations for the development of the VIS in the general budget of the EU. The Decision follows from the European Council in Thessaloniki on 19 and 20 June 2003, which deemed that orientations should be determined with regard to the planning for the development of the VIS, together with the appropriate legal basis permitting its establishment and the engagement of the necessary financial means.

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2004/512/EC	5.7.2004	–	OJ L 231 of 15.6.2004

Related Acts

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 [Official Journal L 194 of 23.7.2008].

The Annex to this Decision establishes the design of the physical architecture and the network requirements for the NI-VIS and for the communication infrastructure between the NI-VIS and the CS-VIS.

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: entry for an intended stay in that Member State or in several Member States of no more than three months in total; 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].

IT agency for the area of freedom, security and justice

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IT agency for the area of freedom, security and justice

Outline of the Community (European Union) legislation about IT agency for the area of freedom, security and justice

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

IT agency for the area of freedom, security and justice

Document or Iniciative

Communication from the Commission of 24 June 2009 – Legislative package establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice [COM(2009) 292 final – Not published in the Official Journal].

Summary

The communication presents the legislative package that aims to establish an agency for managing the operations of large-scale information technology (IT) systems in the area of freedom, security and justice. The IT systems for which the agency would be responsible consist of the:

second generation Schengen Information System (SIS II);
Visa Information System (VIS);
Eurodac system.

The agency could also be given responsibility for managing other large-scale IT systems in this field.

The Commission is currently developing the SIS II and the VIS. It will be responsible for their operational management during a transitional period before the agency would take up its responsibilities. The Commission developed the Eurodac system and is responsible for operating its central unit as well as for ensuring the security of data transfers.

The agency

In the long term, the most cost-effective solution for managing the above three IT systems would be a regulatory agency. The agency would be able to gradually build expertise and know-how in large-scale IT systems, therefore having the potential to become a centre of excellence for IT management of systems in the area of freedom, security and justice.

The main task of the agency would consist of the operational management of these systems in order to keep them functioning 24 hours a day, seven days a week. In addition, the tasks of the agency would include:

adopting security measures;
reporting and publishing;
monitoring;
organising specific trainings.

The agency’s governance structure and voting rules should reflect the existing variable geometry (European Union (EU) countries with different levels of participation in the information systems). The countries associated with the implementation, application and development of the Schengen acquis and the Eurodac related measures would also participate in the agency.

The legislative package

At the time of adoption of the package in June 2009, different legal instruments were needed to establish the agency due to the cross-pillar nature of these IT systems. The first-pillar aspects of SIS II and VIS, as well as the Eurodac system were to be governed by a regulation, whilst the third pillar aspects of SIS II and VIS were to be governed by a decision.

Consequently, the legislative package consisted of proposals for a:

Regulation of the European Parliament and of the Council establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (which describes the agency’s structure, tasks and voting procedures);
Council Decision conferring upon the Agency established by Regulation XX tasks regarding the operational management of SIS II and VIS in application of Title VI of the EU Treaty.

Following the entry into force of the Lisbon Treaty on 1 December 2009, the former pillar structure disappeared. Consequently, a single amended proposal [COM(2010) 93 final] was adopted on 19 March 2010 to take into account the changes brought about by the new treaty and to take over the substantive provisions of the above mentioned proposal for a Council decision.