EUROPEAN COMMISSION Brussels, 4.6.2021 COM(2021) 303 final 2018/0152(COD) COMMUNICATION FROM THE COMMISSION

TO THE EUROPEAN PARLIAMENT



pursuant to Article 294(6) of the Treaty on the Functioning of the European Union



concerning the position of the Council on the adoption of a Regulation 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, and a Regulation amending Regulations (EU) 603/2013, 2016/794, 2018/1862, 2019/816 and 2019/818 as regards the establishment of the conditions for accessing other EU information systems for VIS purposes



2018/0152 (COD) COMMUNICATION FROM THE COMMISSION

TO THE EUROPEAN PARLIAMENT



pursuant to Article 294(6) of the Treaty on the Functioning of the European Union



concerning the position of the Council on the adoption of a Regulation 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, and a Regulation amending Regulations (EU) 603/2013, 2016/794, 2018/1862, 2019/816 and 2019/818 as regards the establishment of the conditions for accessing other EU information systems for VIS purposes 1.Background Date of transmission of the proposal to the European Parliament and to the Council

(document COM(2018) 302 final – 2018/0152 COD): 16 May 2018. Date of the opinion of the European Economic and Social Committee: 19 September 2018. Date of the opinion of the European Data Protection Supervisor: 12 December 2018. Date of the position of the European Parliament, first reading: 13 March 2019. Date of adoption of the position of the Council: 27 May 2021. 2.Objective of the proposal from the Commission The specific objectives of this proposal are to: (1)facilitate the visa application procedure; (2)facilitate and strengthen checks at external border crossing points and within the territory of the Member States; (3)enhance the internal security of the Schengen area by facilitating the exchange of information among Member States on third-country nationals holders of long-stay visas and residence permits. A number of ancillary objectives are also pursued, namely to: (4)facilitate identity checks of third-country nationals, on the territory of a Member State, by migration and law enforcement authorities; (5)make it easier to identify missing persons; (6)assist in the process of identifying and returning any person who may not or no longer fulfil the conditions for entry to, stay or residence in the Member States; (7)help law enforcement authorities access data of applicants for and holders of short-stay visas (which is already possible under current rules), and extend this access to holders of long-stay visas and residence permits, where necessary for the prevention, investigation, detection or prosecution of serious crime and terrorism, while ensuring high standards of data protection and privacy; (8)gather statistics to support evidence-based European Union migration policy making. 3.Comments on the position of the Council The position of the Council as adopted in the 1st reading fully reflects the agreement reached in the trilogue negotiations between the European Parliament, the Council and the Commission, as concluded on 16 December 2020. The agreement preserves the substantial elements and novelties proposed by the Commission, some of which are subject to certain modifications, as outlined below.