2004/512/EC: 2004/512/EC:#Council Decision of 8 June 2004 establishing the Visa Information System (VIS)
Date: 2004-06-08
Institutions: Council of the European Union
Subjects: EU visa policy, Schengen Information System, data transmission, exchange of information, information system

15.6.2004

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Official Journal of the European Union

L 213/5

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 8 June 2004

establishing the Visa Information System (VIS)

(2004/512/EC)

THE COUNCIL OF THE EUROPEAN UNION,

opment of VIS and the execution of that part of the
budget.

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

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1)

(2)

(3)

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 feasi-
bility study and on the basis of guidelines adopted by the
Council on 13 June 2002.

On 5 and 6 June 2003 the Council welcomed the feasi-
bility study, as presented by the Commission in May
2003, confirmed the objectives for a 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 the second
generation Schengen Information System (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 devel-
opment of
the VIS, and the appropriate legal basis
which will permit its establishment, and the engagement
of the necessary financial means.

(4)

This Decision constitutes the required legal basis to allow
for the inclusion in the general budget of the European
the necessary appropriations for the devel-
Union of

(5)

(6)

(7)

(8)

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
implementing powers
procedures for
conferred on the Commission (1). The
committee
assisting the Commission should meet, as necessary, in
two distinct formations depending on the agenda.

the exercise of

Since the objective of this Decision, namely the devel-
opment of a common VIS, 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,
this Decision does not go beyond what is necessary in
order to achieve this objective.

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

fundamental

establishing

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
the
European Community, Denmark is not taking part in
this Decision and is therefore not
the adoption of
this
subject
bound by it or
Decision builds upon the Schengen acquis under the
provisions of Title IV of Part Three of the Treaty estab-
lishing the European Community, Denmark shall,
in
accordance with Article 5 of the said Protocol, decide
within a period of six months after the Council has
adopted this Decision whether or not it will transpose
it into its national law.

to its application. As

(1) OJ L 184, 17.7.1999, p. 23.

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(9)

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 acquis (1),
which fall within the area referred to in Article 1, point B
certain
of Council Decision
arrangements for the application of that Agreement.

1999/437/EC (2)

on

(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 (3), annexed to the
abovementioned Agreement.

(11)

(12)

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
acquis (4); the United Kingdom is therefore not taking
part in its adoption and is not bound by it or subject
to its application.

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 the Schengen acquis (5);
Ireland is therefore not taking part in its adoption and
is not bound by it or subject to its application,

Article 2

The Central Visa

1.
the National
Interface in each Member State, and the communication infra-
structure between the Central Visa Information System and the
National Interfaces shall be developed by the Commission.

Information System,

The national

2.
developed by the Member States.

infrastructures

shall be adapted and/or

Article 3

the National

The measures necessary for the development of the Central Visa
Information System,
Interface in each Member
State, and the communication infrastructure between the
Central Visa Information System and the National
Interfaces
shall be adopted in accordance with the procedure referred to
in Article 5(2) where they concern matters other than those
listed in Article 4.

Article 4

the National

The measures necessary for the development of the Central Visa
Information System,
Interface in each Member
State, and the communication infrastructure between the
Interfaces
Central Visa Information System and the National
concerning
adopted in
following matters
accordance with the procedure referred to in Article 5(3):

shall be

the

(a)

the design of
including its communication network;

the physical architecture of

the system

(b) technical aspects which have a bearing on the protection of

personal data;

HAS ADOPTED THIS DECISION:

(c)

Article 1

1.
A system for the exchange of visa data between Member
States, hereinafter referred to as ‘the Visa Information System’
is hereby established, which shall enable authorised
(VIS),
national authorities to enter and update visa data and to
consult these data electronically.

The Visa Information System shall be based on a
2.
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
(NI-VIS) which shall
provide
central national
authority of the respective Member State, and the communi-
cation infrastructure between the Central Visa Information
System and the National Interfaces.

connection to the

Interface’

relevant

the

(1) OJ L 176, 10.7.1999, p. 36.
(2) OJ L 176, 10.7.1999, p. 31.
(3) OJ L 176, 10.7.1999, p. 53.
(4) OJ L 131, 1.6.2000, p. 43.
(5) OJ L 64, 7.3.2002, p. 20.

technical aspects which have serious financial implications
for the budgets of the Member States or which have serious
technical
the
Member States;

the national

implications

systems of

for

(d) the

development of

security

requirements,

including

biometric aspects.

Article 5

1.
The Commission shall be assisted by the committee set up
by Article 5(1) of Council Regulation (EC) No 2424/2001 of
6 December 2001 on the development of
second
generation Schengen Information System (SIS II) (6).

the

2. 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 set at two months.

(6) OJ L 328, 13.12.2001, p. 4.

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3. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at two months.

4.

The Committee shall adopt its Rules of Procedure.

Article 7

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

Article 8

Article 6

This Decision is addressed to the Member States in accordance
with the Treaty establishing the European Community.

The Commission shall submit a yearly progress report to the
European Parliament and the Council concerning the devel-
opment of the Central Visa Information System, the National
Interface in each Member State, and the communication infra-
structure between the Central Visa Information System and the
National Interfaces, and for the first time by the end of the year
after signing the contract for the development of the VIS.

Done at Luxembourg, 8 June 2004.

For the Council

The President

M. McDOWELL