Proposal for a Council Decision establishing the Visa Information System (VIS)
Date: 2004-02-13
Institutions: European Commission
Subjects: EU policy, EU visa policy, admission of aliens, exchange of information, information system

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.2.2004 
COM(2004) 99 final 

2004/0029 (CNS) 

Proposal for a 

COUNCIL DECISION 

establishing the Visa Information System (VIS)  

(presented by the Commission) 

EN 

   EN 

 
 
 
  
  
EXPLANATORY MEMORANDUM  

1. 

GENERAL OBJECTIVE 

The development and establishment of the Visa Information System (VIS), which is 
defined by the Council as a system for the exchange of visa data between Member 
States1,  requires  the  elaboration  of  a  comprehensive  legal  framework.  Since  a 
political orientation by the Council is still required for basic elements of the VIS, a 
fully fledged proposal for a legal instrument concerning the establishment of the VIS 
will  be  presented  at  a  later  stage.  Such  a  further  legal  instrument  will  define  in 
particular the system and its operation, including the categories of data to be entered 
into  the  system,  the  purposes  for  which  they  are  to  be  entered  and  the  criteria  for 
their entry, the rules concerning the content of VIS records, the rights of access for 
authorities  to  enter,  update  and  consult  the  data  and  rules  on  the  protection  of 
personal data and its control. 

The present proposal is aimed at allowing the development of the VIS to take place 
by  means  of  Community  financing  as  of  2004  and  in  accordance  with  the  relevant 
provisions  of  the  Treaty,  whereas  the  national  infrastructures  shall  be  developed 
within the responsibility of Member States. 

2. 

BACKGROUND 

On 20 September 2001, the JHA Council, in point 26 of its conclusions, invited the 
Commission  to  submit  proposals  for  establishing  a  network  for  information 
exchanges concerning visas issued. 

The  European  Council  meeting  in  Laeken  on  14-15  December  2001  asked  the 
Council and the Member States, in point 42 of its conclusions, to take steps to set up 
a common visa identification system. 

The  Communication  from  the  Commission  to  the  Council  and  the  European 
Parliament  on  the  Development  of  the  Schengen  Information  System  II  of  18 
December  2001,  expressed:  "A  new  function  for  exchanging  information  on  visas 
issued  would  involve  information  that  is  already  obtained  from  or  required  of  visa 
applicants.  A  visa  function  of  this  kind  could  be  useful,  in  particular  as  an 
identification  tool  for  the  following  purposes:  combating  terrorism  and  organised 
crime,  ensuring  the  authenticity  of  issued  visas  at  external  borders,  improving  the 
examination  of  visa  applications  to  make  it  easier  to  check  the  bona  fide  status  of 
travellers  (starting  from  the  second  application  for  a  visa),  facilitate  movement  for 
travellers who have lost their documents, and contributing towards returning illegal 
residents."  

In  the  comprehensive  plan  to  combat  illegal  immigration  and  trafficking  of  human 
beings in the European Union, adopted by the JHA Council on 28 February 2002 and 
based on the Communication from the Commission to the Council and the European 

1 

See  part  I  of  the  guidelines  for  the  introduction  of  a  common  system  for  the  exchange  of  visa  data 
(Council Document 9615/02 VISA 92 COMIX 386). 

2 

 
 
  
 
                                                 
Parliament on a common policy on illegal immigration of 15 November 2001, among 
the measures and actions concerning visa policy contained in this plan, provision is 
made for the development of a European Visa Identification System to complement 
the concept of more secure documents. 

Point  36  of  this  plan  refers  to  the  conclusions  of  the  JHA  Council  held  on  20 
September 2001 and states: "A series of reflections and feasibility studies should be 
instigated  and  could  explore  whether  such  a  common  electronic  system  could 
complement the concept of security documents in order to create a dual identification 
process based on secure documents and a database". 

Point 37 states that "in order to ensure that the services responsible have information 
which is as full and helpful as possible, this database should not only contain details 
of visas issued but also data concerning visas applied for and refused". 

Point 38  adds  that  "such  a  system  could  include  information  which  is  already 
gathered  or  required  from  the  visa  applicant  today,  such  as  personal  particulars.  In 
addition, an electronic photo could be taken and stored, together with the biometric 
data  of  the  applicant.  Travel  documents  should  also  be  scanned  and  stored,  which 
would  have  two  major  advantages.  First,  subsequent  manipulations  of  the  travel 
document  could  be  easily  detected  by  comparison  of  the  travel  document  with  its 
image.  Secondly, the  stored  image  of the travel documents could be used to obtain 
new travel documents quickly, when a person is obliged to leave the country but tries 
to conceal his or her identity. Anyway, the development of such a system should be 
based on a clear definition of needs and objectives as well as a thorough evaluation 
of  existing  initiatives  (including  the  possibilities  already  offered  by  the  SIS  and 
VISION) and resources to be mobilised". 

The JHA Council adopted Guidelines for the introduction of a common system for an 
exchange  of  visa  data  on  13  June  20022.  According  to  these  guidelines  the  Visa 
Information System (VIS) is a system for the exchange of visa data between Member 
States, which “must meet the following objectives:  

(a) 

(b) 

(c) 

constitute  an  instrument  to  facilitate  the  fight  against  fraud,  by  improving 
exchanges of information between the Member States (at consular posts and at 
border crossing points) on visa applications and responses thereto; 

contribute to the improvement of consular cooperation and to the exchange of 
information between central consular authorities; 

facilitate checks that the carrier and the holder of the visa are the same person, 
at external border checkpoints or at immigration or police checkpoints; 

(d) 

contribute to the prevention of "visa shopping";  

(e) 

facilitate  application  of  the  Dublin  Convention3  determining  the  State 
responsible for examining applications for asylum;  

2 
3 

Council Document 9615/02 VISA 92 COMIX 386. 
Replaced by Council Regulation (EC) No 343/2003 of 18.2.2003 ("Dublin II" - OJ L 50, 25.2.2003, p. 
1), except for Denmark. 

3 

 
 
  
 
                                                 
(f) 

(g) 

assist  in  the  identification  and  documentation  of  undocumented  illegals  and 
simplify the administrative procedures for returning citizens of third countries;  

contribute  towards  improving  the  administration  of  the  common  visa  policy 
and towards internal security and to combating terrorism.” 

The European Council in Seville on 21-22 June 2002 called on the Council and the 
Commission, within their respective spheres of responsibility, to attach top priority to 
the  introduction  of  a  common  identification  system  for  visa  data,  in  the  light  of  a 
feasibility study and on the basis of the guidelines from the Council. 

The Commission had launched on 16 September 2002 a feasibility study on technical 
and financial aspects of the VIS, whose results were submitted to the Council in May 
2003. 

Building upon the Conclusions of the European Council of Laeken and Seville, the 
JHA  Council  of  5-6  June  2003  underlined  the  importance  of  creating  a  common 
European system for an exchange of visa data and welcomed the feasibility study, as 
presented  by  the  Commission.  It  also  confirmed  the  objectives  for  such  a  Visa 
Information System (VIS) as set out in the guidelines adopted by the Council on 13 
June  2002,  and  invited  the  Commission  to  continue  its  preparatory  work  on  the 
development  of  the  VIS  in  cooperation  with  Member  States  on  the  basis  of  a 
centralised  architecture,  taking  into  account  the  option  of  a  common  technical 
platform with SIS II, without delaying the development of SIS II4. 

Referring to the Council conclusions of 5 June 2003 on the development of the Visa 
Information System (VIS), the European Council of Thessaloniki of 19-20 June 2003 
(in  point  11  of  its  conclusions)  deemed  necessary  that,  "following  the  feasibility 
study by the Commission, orientations should be determined as soon as possible, in 
order to satisfy the preferred options, with regard to the planning for the development 
of  the  VIS,  the  appropriate  legal  basis  which  will  permit  its  establishment  and  the 
engagement  of  the  necessary  financial  means,  while  respecting  the  financial 
perspectives.  In  this  framework  a  coherent  approach  is  needed  in  the  EU  on 
biometric  identifiers  or  biometric  data,  which  would  result  in  harmonised  solutions 
for  documents  for  third  country  nationals,  EU  citizens’  passports  and  information 
systems  (VIS  and  SIS  II).  The  Council  requests  that  the  Commission  prepare  the 
appropriate  proposals,  starting  with  visas,  while  fully  respecting  the  envisaged 
timetable for the introduction of the Schengen Information System II." 

3. 

CONTENT OF THE DECISION 

The  establishment  of  the  VIS  requires  the  elaboration  of  a  further  fully  fledged 
proposal, depending on political orientation by the Council on basic elements of the 
VIS. 

Ahead  of  that  further  legal  instrument,  this  first  Decision  gives  to  the  Commission 
the mandate to prepare the technical development of VIS and to provide the required 
legislative basis to allow for the inclusion in the Community budget of the necessary 

4 

See  the  Conclusions  on  the  development  of  the  Visa  Information  System  (VIS),  Council  Document 
9845/03, p. 16. 

4 

 
 
  
 
                                                 
appropriations for the technical development of VIS and the execution of that part of 
the budget. Furthermore the Commission shall be assisted by the SIS II committee5 
in accordance with the management procedures. It is appropriate to use that existing 
Committee in particular in view of synergies between the VIS and SIS II as well as 
of the general concern to rationalise the number of committees. 

This  Decision  is  without  prejudice  to  the  adoption  in  future  of  the  necessary 
legislation establishing and describing in detail the operation and use of VIS. Such a 
further  legal  instrument  will  define  in  particular  the  system  and  its  operation, 
including the categories of data to be entered into the system, the purposes for which 
they are to be entered and the criteria for their entry, the rules concerning the content 
of  VIS  records,  the  rights  of  access  for  authorities  to  enter,  update  and  consult  the 
data, and rules on the protection of personal data and their control. 

4. 

LEGAL BASIS  

This  Decision  is  founded  on  Article  66  of  the  EC  Treaty.  It  concerns  the 
development  of  a  system  for  cooperation  via  the  exchange  of  visa  data  between 
Member  States  "which  have  abolished  checks  at  their  internal  borders"  and 
participate  "in  the  system  of  free  movement  without  checks  at  internal  borders"6. 
Therefore the Decision does not concern substantial visa policy measures. Since the 
VIS  involves  the  exchange  of  visa  data  between  the  relevant  departments  of  the 
administrations  of  the  Member  States  responsible  for  issuing  and  checking  visas, 
Article  66  TEC  is  the  appropriate  legal  basis,  as  it  enables  the  Council  to  take 
measures 
the 
administrations of the Member States in areas covered by Title IV TEC, as well as 
between those departments and the Commission7. 

to  ensure  cooperation  between 

the  relevant  departments  of 

According  to  Article  67(1)  TEC,  the  Council  shall  act  unanimously  on  a  proposal 
from the Commission or on the initiative of a Member State and after consulting the 
European Parliament during the current transitorial period of five years following the 
entry into force of the Treaty of Amsterdam. From 1 May 2004 the Council shall act 
by qualified majority after consulting the European Parliament, as laid down in the 
Protocol on Article 67 TEC, adopted at Nice. 

5. 

MEMBER STATES 

Since  the  initiative  relates  to  the  exchange  of  visa  information  between  Member 
States  which  have  abolished  checks  at  their  internal  borders  and  participate  in  the 
system of free movement without checks at internal borders, it constitutes a measure 
to support the common visa policy, and thus a development of the Schengen acquis. 

5 
6 

7 

Set up by Article 5 (1) of Council Regulation (EC) No 2424/2001 (OJ L 328, 13.12.2001, p. 4). 
See  part  III  of  the  guidelines  for  the  introduction of  a  common  system  for  the  exchange  of  visa  data 
(Council Document 9615/02 VISA 92 COMIX 386, p. 9). 
To date, Article 66 TEC has served as a legal basis in respect of two Council acts: Council Regulation 
(EC) No 2424/2001 of 6 December 2001 on the development of the second generation SIS (SIS II) (OJ 
L  328,  13.12.2001,  p.4)  and  Council  Decision  2002/463/EC  of  13  June  2002  adopting  an  action 
programme  for  administrative  cooperation  in  the  fields  of  external  borders,  visas,  asylum  and 
immigration - ARGO programme (OJ L 161, 19.6.2002, p. 11).  

5 

 
 
  
 
                                                 
The procedures laid down in the Association Agreement8 concluded by the Council 
and  the  Republic  of  Iceland  and  the  Kingdom  of  Norway  concerning  the  latters' 
association  with  the  implementation,  application  and  development  of  the  Schengen 
acquis are therefore applicable.  

According to Article 4 and 5 of the Protocol integrating the Schengen acquis into the 
framework  of  the  European  Union  and  Council  Decision  2000/365/EC  of  29  May 
2000  concerning  the  request  of  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland9,  and  Council  Decision  2002/192/EC  of  28  February  2002  concerning 
Ireland's request to take part in some of the provisions of the Schengen acquis10, the 
United Kingdom and Ireland are not taking part in the adoption of the Decision and 
are not bound by it or subject to its application. 

Pursuant  to  the  Protocol  on  the  position  of  Denmark  annexed  to  the  TEU  and  the 
TEC, Denmark will not participate in the adoption of the Decision and is therefore 
not bound by it or subject to its application. Given the fact that the Decision is an act 
which aims to build upon the Schengen acquis in accordance with the provisions of 
Title IV of the TEC, Article 5 of the above-mentioned Protocol applies. 

Since the initiative constitutes an act building upon the Schengen acquis or otherwise 
related to it within the meaning of Article 3(2) of the Act of Accession, it shall only 
apply in a new Member State pursuant to a Council decision and the conditions laid 
down in that provision. 

6. 

SUBSIDIARITY AND PROPORTIONALITY 

The  proposal  provides  the  appropriate  legislative  basis  for  the  use  of  the  general 
budget of the European Communities to develop a common system for the exchange 
of  visa  data  between  Member  States,  which  consists  of  a  Central  Visa  Information 
System  (CS-VIS),  a  National  Interface  in  each  Member  State  (NI-VIS)  and  the 
communication  infrastructure  between  the  CS-VIS  and  the  National  interfaces.  As 
this Decision constitutes a development of the Schengen acquis, Iceland and Norway 
must be associated. These objectives cannot be sufficiently achieved by the Member 
States  and  can  therefore,  by  reason  of  the  scale  and  impact  of  the  action,  be  better 
achieved at Community level. 

The development of VIS will require substantial work on the implementation of the 
technical  platform,  including  overall  project  management.  In  addition,  further 
legislative  developments  should  be  considered  in  relation  to  future  functionalities 
and the various options with respect to the operation of VIS in the medium to long 
term.  The  present  initiative  therefore  does  not  go  beyond  what  is  necessary  to 
achieve their objective. 

8 
9 
10 

OJ L 176, 10.7.1999, p. 36. 
OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 

6 

 
 
  
 
                                                 
7. 

FINANCIAL IMPACT 

The  impact  of  the  development  of  the  VIS,  which  consists  of  a  Central  Visa 
Information System (CS-VIS), a National Interface in each Member State (NI-VIS) 
and  the  communication  infrastructure  between  the  CS-VIS  and  the  National 
Interfaces,  on  the  Communities'  budget  is  outlined  in  the  Financial  Statement 
(Annex). 

That financial statement indicates the budget needed for the development of the VIS 
as of 2004 regarding alphanumeric data and photographs, whereas - depending on the 
decision of the Council - the biometrics component and possibly a component for the 
use of scanned documents could be developed at a later stage. 

These  budget  figures  do  not  cover  the  impact  on  the  national  infrastructures  in 
Member  States  beyond  the  national  interfaces,  which  shall  be  developed  by  the 
Member  States.  Thus  an  additional  financial  burden  will  be  borne  by  the  Member 
States for the development of these infrastructures, in particular for the adaptation of 
existing  national  systems  to  the  VIS,  the  world-wide  connections  to  their  consular 
posts and their equipment, shipping and training. As one element for the respective 
assessment  of  each  Member  State  the  feasibility  study  provides  cost  estimates  for 
offices issuing visas on the basis of a standard configuration. 

8. 

COMMENTARY ON THE ARTICLES 

Article 1 

This Article provides in its first paragraph that a system for the exchange of visa data 
between  Member  States,  to  be  known  as  “the  Visa  Information  System”  (VIS),  is 
hereby established and that the VIS shall enable to enter and up-date visa data and to 
consult  these  data  electronically  by  authorised  national  authorities,  which  will  be 
defined in the second legal instrument. 

Paragraph  2  provides  that  the  VIS  shall  be  based  on  a  centralised  architecture,  as 
decided  by  the  JHA  Council  of  5-6  June  2003,  and  that  the  VIS  shall  consist  of  a 
“Central  Visa  Information  System”  (CS-VIS),  an  interface  in  each  Member  State 
(“National  Interface”  -  NI-VIS),  which  shall  provide  the  connection  to  the  relevant 
central  national  authority  of  the  respective  Member  State,  and  the  communication 
infrastructure  between  the  Central  Visa  Information  System  and  the  National 
Interfaces. 

Article 2 

This Article gives the mandate to the Commission to develop the VIS as defined in 
Article 1 and clarifies that the national infrastructures beyond the National Interfaces 
shall be developed by the Member States. 

Articles 3 and 4 

These Articles provide that the measures necessary for the development of VIS shall 
be taken in accordance with the management procedure set out in Council Decision 

7 

 
 
  
 
1999/468/EC  of  28  June  1999  laying  down  the  procedures  for  the  exercise  of 
implementing powers conferred on the Commission11, and that the Commission shall 
be assisted by the SIS II committee as set up by Article 5 (1) of Council Regulation 
(EC)  No  2424/2001  of  6  December  2001  on  the  development  of  the  second 
generation Schengen Information System (SIS II)12. 

Furthermore, Article 3 describes such measures: Point (a) concerns the design of the 
physical  architecture  of  the  system  including  its  communication  network,  point  (b) 
technical aspects of the use of the system, including the confidentiality, transmission, 
storage  and  deletion  of  information,  point  (c)  technical  aspects  of  the  testing  and 
deployment  of  the  system,  and  point  (d)  technical  aspects  of  the  migration, 
integration and support. 

Article 4 (2)–(3) stipulate that Articles 4 and 7 of Decision 1999/468/EC apply and 
that  the  Committee  shall  adopt  its  rules  of procedure;  it  determines  also  the  period 
laid down in Article 4(3) of Decision 1999/468/EC.  

Article 5 

Pursuant  to  this  provision,  the  Commission  is  under  an  obligation  to  submit  yearly 
progress  reports  to  the  European  Parliament  and  the  Council  concerning  the 
development of the VIS.  

Articles 6 and 7 

These provisions determine the date of entry into force of the Decision and stipulate 
that it is addressed to the Member States. 

11 
12 

1999/468/EC, OJ L 184, 17.7.1999, p. 23. 
OJ L 328, 13.12.2001, p. 4. 

8 

 
 
  
 
                                                 
2004/0029 (CNS) 

Proposal for a 

COUNCIL DECISION 

establishing the Visa Information System (VIS)  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
66 thereof, 

Having regard to the proposal from the Commission13, 

Having regard to the opinion of the European Parliament14, 

Whereas:  

(1) 

(2) 

(3) 

(4) 

(5) 

The Seville European Council on 21 and 22 June 2002 considered the establishment of 
a  common  identification  system  for  visa  data  as  a  top  priority  and  called  for  its 
introduction, as soon as possible, in the light of a feasibility study and on the basis of 
guidelines adopted by the Council on 13 June 2002.  

On  5-6  June  2003  the  Council  welcomed  the  feasibility  study,  as  presented  by  the 
Commission  in  May  2003,  confirmed  the  objectives  for  a  Visa  Information  System 
(VIS)  as  set  out  in  the  guidelines  and  invited  the  Commission  to  continue  its 
preparatory work on the development of the VIS in cooperation with Member States 
on the basis of a centralised architecture, taking into account the option of a common 
technical platform with SIS II. 

The  European  Council  in  Thessaloniki on  19 and 20  June 2003 deemed  it necessary 
that,  following  the  feasibility  study,  orientations  should  be  determined  as  soon  as 
possible,  with  regard  to  the  planning  for  the  development  of  the  VIS,  and  the 
appropriate legal basis which will permit its establishment, and the engagement of the 
necessary financial means. 

This  Decision  constitutes  the  required  legal  basis  to  allow  for  the  inclusion  in  the 
budget  of  the  European  Communities  of  the  necessary  appropriations  for  the 
development of VIS and the execution of that part of the budget. 

The measures necessary for the implementation of this Decision should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission15.  

13 
14 
15 

OJ C , , p. . 
OJ C , , p. . 
OJ L 184, 17.7.1999, p. 23. 

9 

 
 
  
 
                                                 
(6) 

(7) 

(8) 

(9) 

Since the development of a common Visa Information System cannot be sufficiently 
achieved by the Member States and can therefore, by reason of the scale and impact of 
the  action,  be  better  achieved  at  Community  level,  the  Community  may  adopt 
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 
Treaty. In accordance with the principle of proportionality, as set out in that Article, 
the Decision does not go beyond what is necessary in order to achieve this objective. 

This Decision respects the fundamental rights and observes the principles recognized 
in particular by the Charter of Fundamental Rights of the European Union. 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark, 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the  European 
Community,  Denmark  is  not  taking  part  in  the  adoption  of  this  Decision  and  is 
therefore not bound by it or subject to its application. Given that this Decision builds 
upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty 
establishing the European Community, Denmark shall, in accordance with Article 5 of 
the  said  Protocol,  decide  within  a  period  of  six  months  after  the  adoption  of  this 
instrument whether it will implement it in its national law. 

As regards Iceland and Norway, this Decision constitutes a development of provisions 
of  the  Schengen  acquis  within  the  meaning  of  the  Agreement  concluded  by  the 
Council  of  the  European  Union  and  the  Republic  of  Iceland  and  the  Kingdom  of 
Norway  concerning  the  association  of  those  two  States  with  the  implementation, 
application  and  development  of  the  Schengen  acquis16,  which  fall  within  the  area 
referred to in Article 1, point B of Council Decision 1999/437/EC of 17 May 1999 on 
certain arrangements for the application of the Agreement concluded by the Council of 
the  European  Union  and  the  Republic  of  Iceland  and  the  Kingdom  of  Norway 
concerning  the  association  of  those  two  States  with  the  implementation,  application 
and development of the Schengen acquis17.  

(10)  An arrangement has to be made to allow representatives of Iceland and Norway to be 
associated with the work of committees assisting the Commission in the exercise of its 
implementing powers. Such an arrangement has been contemplated in the Exchange of 
Letters  between  the  Community  and  Iceland  and  Norway,  annexed  to  the  above 
mentioned Association Agreement18.  

(11)  This  Decision  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which  the  United  Kingdom  does  not  take  part,  in  accordance  with  Council  Decision 
2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great 
Britain  and  Northern  Ireland  to  take  part  in  some  of  the  provisions  of  the  Schengen 
acquis19;  the  United  Kingdom  is  therefore  not  taking  part  in  its  adoption  and  is  not 
bound by it or subject to its application. 

(12)  This  Decision  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 
28 February 2002 concerning Ireland's request to take part in some of the provisions of 

16 
17 
18 
19 

OJ L 176, 10.7.1999, p. 36. 
OJ L 176, 10.7.1999, p. 31. 
OJ L 176, 10.7.1999, p. 53. 
OJ L 131, 1.6.2000, p. 43 

10 

 
 
  
 
                                                 
the  Schengen  acquis20;  Ireland  is  therefore  not  taking  part  in  its  adoption  and  is  not 
bound by it or subject to its application.  

(13)  This Decision constitutes an act building on the Schengen acquis or otherwise related 
to it within the meaning of Article 3(2) of the Act of Accession and will therefore only 
become applicable after the lifting of the internal border controls, 

HAS ADOPTED THIS DECISION: 

Article 1 

A system for the exchange of visa data between Member States, to be known as “the 
Visa Information System” (VIS), is hereby established, which shall enable authorised 
national  authorities  to  enter  and  up-date  visa  data  and  to  consult  these  data 
electronically.  

The Visa Information System shall be based on a centralised architecture and consist 
of  a  central  information  system,  hereinafter  referred  to  as  “the  Central  Visa 
Information  System”  (CS-VIS),  an  interface  in  each  Member  State,  hereinafter 
referred to as “the National Interface” (NI-VIS) which shall provide the connection 
to  the  relevant  central  national  authority  of  the  respective  Member  State,  and  the 
communication infrastructure between the Central Visa Information System and the 
National Interfaces. 

Article 2 

The Visa Information System shall be developed by the Commission. 

The national infrastructures shall be developed by the Member States. 

1. 

2. 

1. 

2. 

Article 3 

The measures necessary for the development of the Visa Information System shall be adopted 
in accordance with the management procedure referred to in Article 4(2) and shall include the 
following: 

(a) 

(b) 

(c) 

(d) 

the  design  of  the  physical  architecture  of  the  system  including  its  communication 
network, 

technical aspects of the use of the system, including the confidentiality, transmission, 
storage and deletion of information, 

technical aspects of the testing and deployment of the system, 

technical aspects of the migration, integration and support.  

20 

OJ L 64, 7.3.2002, p. 20. 

11 

 
 
  
 
                                                 
Article 4 

1. 

2. 

The  Commission  shall  be  assisted  by  the  committee  set  up  by  Article  5  (1)  of 
Council Regulation (EC) No 2424/2001. 

Where  reference  is  made  to  this  paragraph,  Articles  4  and  7  of  Decision 
1999/468/EC shall apply.  

The period laid down in Article 4(3) of Decision 1999/468/EC shall be two months. 

3. 

The committee shall adopt its Rules of Procedure. 

Article 5 

The  Commission  shall  submit  a  yearly  progress  report  to  the  European  Parliament  and  the 
Council concerning the development of the Visa Information System, and for the first time by 
the end of the year after signing the contract for the development of the VIS.  

This Decision shall take effect from the twentieth day following that of its publication in the 
Official Journal of the European Union. 

Article 6 

Article 7 

This Decision is addressed to the Member States.  

Done at Brussels,  

For the Council 
The President 

12 

 
 
  
 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT 

Policy area(s): JHA 

Activit(y/ies):  Cooperation  in  the  Title  IV  TEC  (visa,  asylum,  immigration  and  other 
policies to the free circulation of persons) 

TITLE OF ACTION: DEVELOPMENT OF VIS SYSTEM 

1. 

BUDGET LINE(S) + HEADING(S) 

18.08.03 Visa Information System 

2. 

OVERALL FIGURES  

2.1. 

Total allocation for action (Part B):  

30 million € for commitment until 2006. 

2.2. 

Period of application: 

Undetermined duration: 

2004-2006:  Development costs 

2007-2009 and subsequent years:  Exploitation costs 

The amounts foreseen for the period 2004-2006 are compatible with the programming under 
the  existing  financial  perspectives.  The  amounts  related  to  2007-2009  and  subsequent  years 
are indicative and subject to the programming under the new financial perspectives. 

2.3. 

Overall multiannual estimate of expenditure: 

(a) 

Schedule  of  commitment  appropriations/payment  appropriations 
intervention) 

(financial 

2004 
5.000 

2005 
11.000 

2006 
14.000 

2007 
8.000 

2008 
8.000 

€ million  

2009 and 
subsequent years 

8.000 

2.500 

8.000 

12.500 

11.000 

8.000 

8.000 

Commitments 

Payments 

The  Communication  from  the  Commission  to  the  European  Parliament  and  the 
Council  in  view  of  the  European  Council  of  Thessaloniki  on  the  development  of  a 
common policy on illegal immigration, smuggling and trafficking of human beings, 

13 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
external borders and the return of illegal residents21 provided the higher forecasts for 
the development of the VIS (2004 10 million, 2005 15 million and 2006 20 million 
euros).  The  difference  is  mainly  due  to  the  fact  that  no  element  of  the  biometric 
functionalities is included. 

(b) 

Overall  financial  impact  of  human  resources  and  other  administrative  expenditure 

Commitments/ 
payments 

TOTAL a+b 

Commitments 

Payments 

0.404  1.615 

1.615 

1.615 

1.615 

1.615 

5.404 

12.615 

15.615 

9.615 

9.615 

9.615 

2.904 

9.615 

14.115 

12.615 

9.615 

9.615 

2.4. 

Compatibility with financial programming and financial perspective  

[X]  Proposal is compatible with existing financial programming. 

2.5. 

Financial impact on revenue:  

X]  Proposal has financial impact – the effect on revenue is as follows: 

The present proposal builds upon the Schengen acquis as defined in Annex A of the 
Agreement signed on 18 May 1999 between the Council and the Republic of Iceland 
and the Kingdom of Norway concerning the association of those both States with the 
implementation,  application  and development of the  Schengen acquis22. The article 
12(1) last paragraph lays down: 

“In cases where operational costs are attributed to the general budget of the European 
Community, Iceland and Norway shall share in these costs by contributing to the said 
budget  an  annual  sum  in  accordance  with  the  percentage  of  the  gross  national 
product  of  their  countries  in  relation  with  the  gross  national  product  of  all 
participating States” 

21 
22 

COM (2003) 323 final of 3.6.2003 
OJ L 176, 10. 7.1999, p. 36. 

14 

 
 
  
 
 
 
 
 
 
 
 
 
 
                                                 
Contribution from Iceland/Norway: 2.128% (2002 figures) 

Budget line 

Revenue 

(€ million to one decimal place) 

Prior to
action 

Situation following action 

2004 2005 2006 2007  2008  2009 and 
subsequent 
years 

a) Revenue in absolute terms 

0.1 

0.2 

0.3 

0.3 

0.3 

0.3 

b) Change in revenue 

 ∆ 

3. 

BUDGET CHARACTERISTICS 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
form applicant 
countries 

Heading in 
financial 
perspective 

Non Comp 

Diff 

YES 

NO 

NO 

No [3] 

4. 

LEGAL BASIS  

This statement is accompanying a legislative proposal, based on Article 66 TEC. 

Since  for  basic  elements  of  the  VIS  political  orientation  by  the  Council  is  still  required,  a 
fully- fledged proposal for a legal instrument concerning the establishment of the VIS will be 
provided  at  a  later  stage.  Such  a  further  legal  instrument  will  define  in  particular  the 
categories of data to be entered into the system, the purposes for which they are to be entered 
and the criteria for their entry, the rules concerning the content of VIS records and rules on 
the protection of personal data and their control. 

5. 

DESCRIPTION AND GROUNDS 

5.1. 

Need for Community intervention 23 

5.1.1.  Objectives pursued 

Response  to  the  European  Council's  Laeken  Conclusions  (point  42)  and  the  Seville 
Conclusions,  which  called  in  point  30  on  the  Council  and  the  Commission  to  attach  top 
priority to the introduction of a common identification system for visa data, in the light of a 
feasibility study and on the basis of guidelines adopted by the Council on 13 June 2003. 

23 

For further information, see separate explanatory note. 

15 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
These guidelines define the VIS as a system for the exchange of visa data between Member 
States which “must meet the following objectives: 

(a) 

(b) 

(c) 

constitute  an  instrument  to  facilitate  the  fight  against  fraud,  by  improving 
exchanges of information between the Member States (at consular posts and at 
border crossing points) on visa applications and responses thereto; 

contribute to the improvement of consular cooperation and to the exchange of 
visa information between central consular authorities; 

facilitate checks that the carrier and the holder of the visa are the same person, 
at external border checkpoints or at immigration or police checkpoints; 

(d) 

contribute to the prevention of "visa shopping"; 

(e) 

(f) 

(g) 

facilitate  application  of  the  Dublin  Convention24  determining  the  State 
responsible for examining applications for asylum; 

assist  in  the  identification  and  documentation  of  undocumented  illegals  and 
simplify the administrative procedures for returning citizens of third countries;  

contribute  towards  improving  the  administration  of  the  common  visa  policy 
and towards internal security and to combating terrorism.” 

The present proposal is designed to allow the development of the VIS, to take place 
by  means  of  Community  financing  as  of  2004  and  in  accordance  with  the  relevant 
provisions  of  the  Treaty,  whereas  the  national  infrastructures  shall  be  developed 
within the responsibility of Member States. 

5.1.2.  Measures taken in connection with ex ante evaluation  

Following  the  Seville  Conclusions  (point  30),  a  feasibility  study  on  technical  and  financial 
aspects of the VIS was launched by the Commission on 16 September 2002 and submitted to 
the  Council  in  May  2003.  The  study  provides  an  analysis  of  the  technical  and  financial 
aspects of the VIS. It is based on the Technical and Functional guidelines for the feasibility 
study,  as  set  out  in  part  II  of  the  guidelines,  adopted  by  the  Council  on  13  June  2002,  and 
provides  possible  technical  solutions  for  the  VIS,  including  the  use  of  biometrics,  and 
assesses  the  impact  of  each  solution  on  financial  and  human  resources.  The  study  does  not 
cover an assessment of the existing national systems, but considers their interoperability with 
the VIS system.  

Following  the  Council  guidelines,  the  VIS  should  comprise  a  Central  Visa  Information 
System (CS-VIS) and a National Visa Information  System  (NI-VIS)  in  each  Member  State. 
On that basis, the study has assessed two basic options for the architecture of the VIS:  

24 

Replaced by Council Regulation (EC) No 343/2003 of 18.2.2003 ("Dublin II" - OJ L 50, 25.2.2003, p. 
1), except for Denmark. 

16 

 
 
  
 
                                                 
Under  the  precondition  that  VIS  must  have  a  similar  architecture  to  that  of  the  existing 
Schengen  Information  System,  two  fundamental  architectural  options  have  been  considered 
by the feasibility study: 

•  a separate VIS (option 1), or  

•  a technical integration of VIS and SIS II, in view of the synergies (option 2).  

Option 1: Separate VIS system 

There  are  only  two  variations  on  this  solution,  suitable  for  this  purpose  (centralised  or 
hybrid). Both solutions equally support the VIS business context. 

1. 

2. 

In the centralised solution, all the data and functions are exclusively located at 
the central level (CS-VIS); 

In the hybrid solution only basic data (mainly alphanumeric data and indexes) 
is  stored at the central  level (CS-VIS), while bulk data (such as photographs, 
biometric  images,  scanned  documents,  etc.)  are  stored  at  the  corresponding 
national level (NI-VIS).  

Option 2: Technical integration of the VIS and SIS II 

The two feasible solutions exhibiting the synergistic architecture are: 

1. 

2. 

Solution  1,  uses  a  common  technical  platform  with  both  systems  located  in  the 
same building and connection to the same network through a single access point. It 
uses  the  same  technological  platforms  and  allows  for  the  sharing  of  management 
tools and staff between the two systems;  

Solution 2, uses a common technical platform and services, introduces synergies at 
the application level in addition to those  commonalties  described  above  (pt.1).  The 
systems share or use common services as well as the biometric components.  

For  Option  1,  i.e.  a  separate  VIS,  it  is  recommended  to  opt  for  a  centralised  solution.  The 
solution  introduces  operational  efficiency,  is  less  expensive  and  entails  less  in  the  way  of 
systems administration. It provides a moderate risk profile making it a clear favourite.  

For Option 2, the technical integration of VIS and SIS II at central level is recommended, as it 
significantly  reduces  the  overall  investment  and  associated  operational  costs  of  the  two 
systems.  In  order  to  maximise  the  synergies  between  the  two  systems,  it  is  suggested  to 
implement  VIS  and  SIS  II  in  parallel,  possibly  even  launching  a  common  call  for  tender 
covering  the  construction  of  both  systems.  Likewise,  it  is  advisable  that  the  project 
management concerning the implementation be assumed by a single organisation.  

The solution of the common technical platform and services (Option 2 / Solution 2), despite 
its advantages, may introduce additional complexity to the application development.  

All  things  considered,  it  is  recommended  to  opt  for  Option  2  /  Solution  1:  sharing  of  a 
common technical platform between VIS and SIS II. Technology convergence will introduce 
cost  savings.  Moreover  VIS  and  SIS  could  share  common  maintenance  and  administration 
procedures and thus technical human resources supporting these operations. 

17 

 
 
  
 
Further points assessed by the study as requested by the Council guidelines are, in particular, 
the  communication  infrastructures  for  the  VIS,  the  future  development  of  the  Schengen 
consultation  network  VISION,  the  interoperability  with  other  systems  and  the  categories  of 
information to be  stored and processed, namely  alphanumeric data, photographs, supporting 
documents and biometric identifiers. The importance of biometrics for the overall efficiency 
of  the  system  must  be  underlined.  The  study  has  assessed  three  options,  which  can  be 
envisaged  as  biometric  identifiers  for  the  time  being:  iris  scanning,  facial  recognition  and 
fingerprints  and  recommends  the  latter  as  primary  biometric  identifier.  Fingerprints 
technology  would  provide  the  required  accuracy  to  identify  individuals  and  fingerprint 
databases would still be used for the next decades even if the biometric technology changes. 
A second biometric identifier such as facial recognition could be implemented to improve the 
accuracy.  In  any  case,  the  use  of  biometrics  at  such  an  unprecedented  scale  will  bear  a 
significant impact on the system, both in technical and financial terms. 

On the budgetary aspects, the estimates set out in the feasibility study cover the fixed costs 
of  the  central  system,  the  CS-VIS,  and  for  (27)  NI-VIS,  including  their  communication 
infrastructure, with additional the annual costs for operations, networks and human resources. 
These costs, of which the development and operation of the “biometrics” module represents a 
high proportion, could however be spread over a period of ten to twelve years, depending on 
the  implementation  (big  bang  or  step-wise  approach)  and  how  quick  consular  posts  will  be 
connected to the VIS. These estimates do not cover additional external resources to support 
and assist the Commission in managing, controlling and set-up the project. 

A substantial additional financial burden will be borne by the Member States for the national 
infrastructures,  in  particular  for  the  adaptation  of  existing  national  systems,  the  world-wide 
connections to their consular posts and their equipment, shipping and training. 

Cost  estimates  and  cost-benefit  analysis  concerning  the  impacts  of  VIS  on  national 
infrastructures  and  national  budgets  are  within  the  responsibility  of  each  Member  State.  As 
requested  by  the  Council  guidelines  adopted  on  13  June  2003,  the  VIS  feasibility  study 
provides  cost  estimates  only  for  the  investment  and  operational  costs  of  the  CS-VIS,  the 
National Interfaces (NI-VIS) and the communication infrastructure between the CS-VIS and 
the  NI-VIS.  These  estimates  do  not  cover  the  impacts  on  the  national  infrastructures.  To 
provide  any  further  cost  estimates  would  require  a  detailed  analysis  of  every  national 
environment and national organisation. This can only be done by Member States themselves. 
However,  for  the  respective  assessment  of  each  Member  State  the  study  provides  cost 
estimates for an office issuing visa on the basis of a standard configuration. 

The financial statement made in this sheet relates to the procurement of technical expertise, 
management expertise, hardware and software, etc. for the first steps of the setting-up of the 
VIS  system  containing  alphanumeric  data  and  photographs.  Supporting  documents  and  the 
biometric identifiers might be implemented at a later stage. It is based on estimates provided 
by the feasibility study on technical and financial aspects of a system for the exchange of visa 
data between Member States. 

18 

 
 
  
 
5.1.3.  Measures taken following ex post evaluation 

Not applicable. 

5.2. 

Action envisaged and budget intervention arrangements 

This  proposal  envisages  the  development  of  the  Visa  Information  System  consisting  of  a 
Central Visa Information System (CS-VIS) with an interface in each Member State (NI-VIS) 
and the communication infrastructure between the CS-VIS and the national interfaces. 

The  development  and  establishment  of  the  Visa  Information  System  will  be  done  in  four 
project phases: 

•  Project  Phase  I  -  Detailed  technical  design,  resulting  in  full  system  specifications.  The 
results  of  this  phase  must  include  a  full  set  of  interface  specifications  defining  the 
communication processes. 

•  Project Phase II - Development, testing and deployment of the systems. 

•  Project Phase III - Migration, Integration and Support to users for the connection of their 

national infrastructures. 

•  Project Phase IV – IT Service Management. 

The  biometric  components  and  a  component  for  the  use  of  scanned  documents  could  be 
developed at a later stage, but are not included in this proposal. 

To meet the objectives, stated in 5.1.1, according to Article 2 (2) of the Decision, the national 
infrastructures beyond the national interfaces in the Member States shall be by the Member 
States.  This  includes  the  financial  burden  for  the  development  of  these  infrastructures,  in 
particular  for  the  adaptation  of  existing  national  systems  to  the  VIS,  the  world-wide 
connections  to  their  consular  posts  and  their  equipment,  shipping  and  training.  As  one 
element  for  the  respective  assessment  of  each  Member  State  the  feasibility  study  provides 
cost estimates for offices issuing visas on the basis of a standard configuration. 

5.3.  Methods of implementation 

Direct  management  by  the  Commission  using  regular  staff  assisted  by  external  contractors. 
The development of the system (main contract) will be tendered. Additional technical support 
will also be tendered to assist Commission services in the follow up of the implementation. 

Member States will be closely involved in the work via the committee according to Article 4 
of this Decision and Member States' experts meetings. 

19 

 
 
  
 
6. 

FINANCIAL IMPACT 

6.1. 

Total financial impact on Part B - (over the entire programming period) 

Commitments (in € million to three decimal places) 

Breakdown 

2004 

2005 

2006 

Indicative annual amounts 
in 2007 and subsequent 
years 

Phase  I,  Detailed  analysis  and 

3.000 

technical design 

Phase II, System development 

8.200 

and deployment 

Phase 

III, 

Migration, 

11.300 

integration and support 

Phase 

IV, 

IT 

service 

Management 

7.000 

SUBTOTAL25  3.000 

8.200 

11.300 

7.000 

External  assistance  for project 
management, 
and 
evaluation26 

audit 

2.000 

2.800 

2.700 

1.000 

TOTAL  5.000 

11.000 

14.000 

8.000 

7. 

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE  

7.1. 

Impact on human resources 

Depending on the political orientation of the Council (cf. 4.) estimates hereunder might have 
to be revised. 

Staff to be assigned to management of the 
action using existing resources 

Description of tasks deriving from the 
action 

Types of post 

Total 

Number of 
permanent posts 

Number of 
temporary posts 

Officials 
temporary staff 

or 

A 

B 

C 

3 

2 

1 

Other human resources  2 

Total 

8 

3 

2 

1 

2 

8 

2 National Experts 

The  needs  for  human  and  administrative  resources  shall  be  covered  within  the  allocation 
granted to the managing DG in the framework of the annual allocation procedure. 

25 
26 

Operating expenditure directly derived from the feasibility study. 
Other operating expenditure - High quality external assistance needed due to limited internal resources. 

20 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
7.2. 

Overall financial impact of human resources 

Type of human resources 

Amount (€) 

Method of calculation *  

Officials 

18010101 

Other human resources  

1801020103 

648 000 

6 officials * 108 000 

86 000 

2*43 000 END 

The amounts are total expenditure for twelve months. 

Total  734 000 

7.3. 

Other administrative expenditure deriving from the action 

Budget line 

(number and heading) 

Overall allocation (Title A7) 

1801021101 – Missions 

1801021102 – Meetings 

1801021103 – Compulsory committees  

1801021102 – Conferences 

1801021104 – Studies and consultations 

Other expenditure (specify) 

Information systems (A-5001/A-4300) 

Other expenditure - Part A (specify) 

Amount € 

Method of calculation 

66 000 

300 000 

15 000 

500 000 

30*1000+12*3000 

10*30 000 

2*7500 

2-3 studies per year 

The amounts are total expenditure for twelve months. In 2004 only a quarter will be spend, 
with complete yearly expenditure from 2005 until 2009.  

Total  881 000 

I. 

II. 

Annual total (7.2 + 7.3) 

Duration of action 

III. 

Total cost of action (I x II) 

1 615 000 € 

At least 5,25 years 

8 478 750€ 

8. 

FOLLOW-UP AND EVALUATION 

8.1. 

Follow-up arrangements 

For each of the four phases in point 5.2 deliverables are foreseen. Each deliverable produced 
will be submitted to an acceptance procedure, which will vary depending on the type of the 
deliverable. 

The  system  will  be  considered  as  delivered  when  all  the  acceptance  tests  have  been  run 
successfully  and  when  the  system  is  effectively  ready  for  production.  Follow-up  (Project 
Master Plan, Project Quality Plan, Methodology etc.) and acceptance means requirements are 
detailed in the call for tender documents and in the Contract that will be signed between the 
Contractor and Commission services. 

21 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
8.2. 

Arrangements and schedule for the planned evaluation 

The  Decision  foresees  that  the  Commission  will  present  to  the  Council  and  the  European 
Parliament a yearly progress report concerning the development of the VIS. 

From  phase  IV  onwards,  when  the  VIS  has  become  operational,  it  will  be  evaluated  every 
four years to assess the results and the effectiveness of the system. 

9. 

ANTI-FRAUD MEASURES 

The Commission procedures for the award of contracts will be applied, ensuring compliance 
with Community law on public contracts. 

22