Proposal for a Council Decision concerning access for consultation of the Visa Information System (VIS) by the authorities of Member States responsible for internal security and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences
Date: 2005-11-24
Institutions: European Commission
Subjects: EU police cooperation, EU policy, EU visa policy, Europol, information system, international criminal law, terrorism

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.11.2005 
COM(2005) 600 final 

2005/0232 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning access for consultation of the Visa Information System (VIS) by the 
authorities of Member States responsible for internal security and by Europol for the 
purposes of the prevention, detection and investigation of terrorist offences and of other 
serious criminal offences 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

While progressively establishing an area of freedom, security and justice, the European Union 
shall  ensure  the  free  movement  of  persons  and  a  high  level  of  security.  In  this  context,  top 
priority has been given to the development and establishment of the Visa Information System 
(VIS) as a system for the exchange of visa data between Member States. It is one of the key 
initiatives within the EU policies aimed at achieving a higher level of security.  

On  19  February  2004  the  Council  adopted  conclusions  on  the  development  of  the  Visa 
Information System, underlining that one of the objectives of the VIS is to contribute towards 
improving the administration of the common visa policy and towards internal security and to 
combating terrorism. 

On  8  June  2004  the  Council  adopted  Council  Decision  2004/512/EC  establishing  the  Visa 
Information System (VIS), which 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, defines the architecture of 
the  VIS  and  gives  the  Commission  the  mandate  to  develop  the  VIS  at  a  technical  level, 
assisted by the SIS II Committee. The national systems shall be adapted and/or developed by 
the  Member  States.  In  order  to  implement  that  Decision,  the  Commission  presented  on  28 
December 2004  a proposal  for a Regulation of the European Parliament and  of  the  Council 
concerning  the  Visa  Information  System  (VIS)  and  the  exchange  of  data  between  Member 
States on short stay-visas. 

The  further  development  and  establishment  of  the  VIS,  in  particular  within  the  domain  of 
internal  security,  including  the  combating  of  terrorism,  requires  the  elaboration  of  a 
comprehensive legal framework, complementing the VIS regulation. 

During  its  meeting  of  7  March  2005,  and  reiterated  on  13  July  2005,  the  Council  adopted 
conclusions that 'in order to achieve fully the aim of improving internal security and the fight 
against  terrorism',  Member  State  authorities  responsible  for  internal  security  should  be 
guaranteed access to VIS, 'in the course of their duties in relation to the prevention, detection 
and  investigation  of  criminal  offences,  including  terrorist  acts  and  threats’,  ’subject  to  strict 
compliance with the rules governing the protection of personal data’.  

The objective of the present proposal is to establish the required legal basis under Title VI of 
the Treaty on the European Union to allow for and to lay down the conditions under which 
Member  States'  authorities  responsible  for  internal  security  and  the  European  Police  Office 
(Europol) may access the Visa Information System (VIS). This will enable them to consult the 
VIS for the purposes  of  the  prevention, detection  and investigation of  terrorist offences and 
the types of crime and the offences in respect of which Europol is competent to act pursuant 
to Article 2 of the Europol Convention.  

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•  General context 

The  fight  against  terrorism  is  a  priority  for  all  Member  States.  The  European  Union  is 
committed to jointly combating terrorism and to providing for the best possible protection for 
its  citizens.  The  EU’s  strategy  must  be  comprehensive,  covering  a  wide  range  of  measures. 
These  aim  at  increasing  co-operation  in  fields  ranging  from  intelligence  sharing  to  law 
enforcement in order to make it easier to find, detain and bring to justice terror suspects, in 
promoting  and  ensuring  security  while  preserving  and  reinforcing  individual  rights  and 
freedoms. 

•  Existing provisions in the area of the proposal 

–  The  Europol  Convention  of  1995.  Article  2  states  that  the  objective  of  Europol  is  to 
improve,  by  means  of  the  measures  referred  to  in  that  Convention,  the  effectiveness  and 
cooperation  of  the  competent  Member  State  authorities  to  prevent  and  combat  terrorism, 
and other serious forms of international and organised crime. Europol, however, currently 
does not have access to data stored in the VIS. 

–  The  Proposal  for  a  Council  Framework  Decision  on  the  protection  of  personal  data 
processed  in  the  framework  of  police  and  judicial  co-operation  in  criminal  matters 
(COM(2005)  475)  adopted  by  the  Commission  on  4  October  2005.  This  instrument 
provides  for  the  legal  framework  for  a  effective  protection  of  personal  data  in  matters 
which fall under Title VI of the Treaty on European Union. 

–  Proposal  for  a  Council  Framework  Decision  on  the  exchange  of  information  under  the 
principle of availability (COM(2005) 490) adopted by the Commission on 4 October 2005. 
This instrument excludes from its scope the access to the VIS. 

•  Consistency with other policies and objectives of the Union 

The present initiative does not go beyond what is necessary to achieve its objective and limits 
its scope to terrorist offences as laid down in Council Framework Decision 2002/475/JHA on 
combating terrorism and to crimes falling within the competence of Europol. It also restricts 
the conditions to the use of VIS data to specific cases only, thereby excluding routine access. 
It authorises only national authorities competent for the prevention, detection or investigation 
of criminal offences to have access to the VIS, and by obliging these authorities to go through 
a central access point which will consult the VIS on their behalf, on a case-by-case basis and 
after  receipt  of  a  duly  motivated  request.  Furthermore  these  Authorities  responsible  for 
internal security and the central access points are clearly listed in the Annex to this Decision. 

This  Decision  seeks  to  ensure  full  respect  for  the  right  to  liberty  and  security,  the  right  to 
respect for private and family life, the right to protection of personal data and the principles of 
legality and proportionality of criminal offences and penalties (Articles 6, 7, 8, 48 and 49 of 
the Charter of Fundamental Rights of the European Union). 

The  Council  Framework  Decision  on  the  protection  of  personal  data  processed  in  the 
framework of police and judicial co-operation in criminal matters (2005/XX/JI), the Europol 
Convention  and  Regulation  (EC)  45/2001  shall  apply  to  the  processing  of  personal  data 
pursuant to this Decision. The Framework Decision requires Member States  in particular to 
lay  down  effective,  proportionate  and  dissuasive  sanctions  to  be  imposed  in  case  of 

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infringement  of  data  protection  provisions,  including  criminal  sanctions  for  particularly 
serious and intentionally committed infringements. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

No formal consultation prior to the presentation  of  this  proposal  has  been  conducted  due  to 
the  urgency  of  the  matter  since  the  Council  had  requested  the  Commission  to  present  the 
proposal  by  November  2005  and  the  legislative  process  for  the  underlying  VIS  Regulation 
had been initiated.  

On  24  October  2005,  the  Commission  invited  and  consulted  experts  representing  the 
Governments of the EU Member States. Information was also exchanged with representatives 
of  the  government  of  Norway  on  the  question  of  the  development  of  the  Schengen  acquis. 
Other relevant interested parties, such as the Article 29 Working Party1, had already expressed 
views  on  the  general  objective  of  this  proposal  in  relation  to  the  proposal  for  the  VIS 
Regulation.  

•  Collection and use of expertise 

Use has been made of the existing expertise assembled in relation to the proposal for the VIS 
Regulation. 

•  Impact assessment 

Based on the Council conclusions of 7 March 2005, the following options were considered: 
not presenting a Commission legislative proposal and therefore taking no action; creating the 
legal  basis  for  an  unlimited  access  to  the  VIS  for  Member  State  authorities  responsible  for 
internal security and to Europol; or creating the legal basis for a limited access to the VIS for 
Member State authorities responsible for internal security and to Europol. 

Not presenting a Commission legislative proposal and therefore taking no action would have 
meant that the common Visa Information System (VIS) as a system for the exchange of visa 
data between Member States would not be legally accessible for law enforcement purposes. 
However, the inefficiencies in combating visa shopping, fraud and in conducting checks are 
causing also inefficiencies in relation to the internal security of the Member States. Criminals 
and suspected persons may obtain a visa or have chances to use a falsified visa when entering 
the Schengen area. As the exchange of VIS data is not covered by the scope of the Council 
Framework  Decision  on  the  exchange  of  information  under  the  principle  of  availability, 
Member States would increase the demand for further police cooperation in this area at EU 
level sooner or later. 

The VIS is a system which capability is estimated – in particular as regards biometric data – 
to  be  able  to  contain,  as  of  2007,  the  data  concerning  about  20  million  visa  applications 
annually.  This  would  result  in  70  million  fingerprint  data  to  be  stored  in  the  system  for  the 
five-year term set forth in the current VIS Regulation proposal.  

1 

The Working Party on the Protection of Individuals with Regard to the Processing of Personal Data, set 
up by Article 29 of Directive 95/46/EC of 24.10.1995, OJ L 281 of 23.11.1995, p. 31. 

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The creation of a legal basis for an unlimited access to the VIS, for Member State authorities 
responsible for internal security and to Europol, would mean that access would be granted to 
pursue any criminal offence, as defined by Member States themselves. This would transform 
the  VIS  into  a  regular  crime  fighting  database,  and  could  open  the  possibility  for  routine 
access  by  law  enforcement  authorities.  However,  this  would  not  be  in  line  with  the  main 
purpose of the original VIS and would unjustifiably impact on the fundamental rights of the 
individuals  whose  data  are  processed  in  the  VIS  and  who  are  to  be  treated  as  innocent 
individuals and not as suspects in a criminal investigation. 

The  creation  of  a  legal  basis  for  a  limited  access  to  the  VIS,  for  Member  State  authorities 
responsible for internal security and to Europol, would need a prohibition of routine access of 
authorities responsible for internal security, a de-central access to the VIS and a consultation 
which may only take place for specific purposes of the prevention, detection and investigation 
of clearly defined terrorist offences and of other serious criminal offences and limited to the 
extent  the  data  are  required  for  the  performance  of  the  tasks  in  accordance  with  these 
purposes.  On  top  of  that  consultation  would  be  limited  to  some  basic VIS  data;  and  only  if 
further  information  is  necessary  under  the  specific  circumstances  of  the  case,  additional 
relevant  data  could  be  consulted.  As  for  the  necessary  specific  safeguards,  the  Council 
Framework Decision on the protection of personal data processed in the framework of police 
and judicial co-operation in criminal matters (2005/XX/JI), Regulation (EC) 45/2001 and the 
Europol Convention shall apply to the processing of personal data pursuant to this Decision. 
The  Framework  Decision  requires  Member  States  in  particular  to  lay  down  effective, 
proportionate  and  dissuasive  sanctions  to  be  imposed  in  case  of  infringement  of  data 
protection  provisions,  including  criminal  sanctions  for  particularly  serious  and  intentionally 
committed  infringements.  Effective  supervision  is  foreseen  through  the  establishment  of  a 
yearly review by the relevant Data Protection Supervisory authorities. 

To  make  sure  that  the  impact  on  fundamental  rights  of  the  individuals  whose  data  are 
processed  in  the  VIS  by  the  access  of  internal  security  authorities  to  these  data  for 
consultation  is  in  effect  lessened  and  that  technical  implications  remain  at  a  low  level,  a 
Decision concerning the limited, case-by-case access for consultation to the Visa Information 
System (VIS) to authorities of Member States responsible for internal security and to Europol 
for  the  purposes  of  the  prevention,  detection  and  investigation  of  terrorist  offences  and  of 
other serious criminal offences is the only satisfactory option. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The objective of the present proposal is to provide the legal basis to allow for and to lay down 
the  conditions  under  which  Member  States'  authorities  responsible  for  internal  security  and 
the  European  Police  Office  (Europol)  may  access  the  Visa  Information  System  (VIS)  for 
consultation  for  the  purposes  of  the  prevention,  detection  and  investigation  of  terrorist 
offences and the types of crime and the offences in respect of which Europol is competent to 
act pursuant to Article 2 of the Europol Convention (“serious criminal offences”). 

•  Legal basis 

This Decision is based on Article 30 (1) (b) and Article 34 (2) (c) of the Treaty on European 
Union. In order to fulfil one of the objectives of the Union, namely to provide citizens with a 
high  level  of  safety  within  an  area  of  freedom,  security  and  justice  by  preventing  and 

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combating crime, organised or otherwise, in particular terrorism, through closer cooperation 
between  police  forces,  customs  authorities  and  other  competent  authorities  in  the  Member 
States,  both  directly  and  through  the  European  Police  Office  (Europol),  Article  30  (1)  (b) 
provides  for  the  collection,  storage,  processing,  analysis  and  exchange  of  relevant 
information, in particular through Europol, subject to appropriate provisions on the protection 
of personal data. The data processed in the VIS can be relevant information in specific cases 
to achieve those purposes. 

•  Subsidiarity principle 

The subsidiarity principle applies to the actions by the Union. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for the 
following reason: 

There  is  no  legal  base  for  such  action:  as  the  VIS  is  a  database  established  under  the 
competence  of  the  Community,  no  individual  Member  State  could  authorise  on  its  own  the 
access  to  the  VIS  by  law  enforcement  authorities.  Furthermore,  existing  national  visa 
databases,  which  could  be  accessed  by  specific  cooperation  regimes  between  competent 
authorities for the exchange of visa data between Member States established under Title VI of 
the Treaty on European Union, do not have the same categories of data as in the VIS and only 
allow  for  a  direct  information  flow  from  one  Member  State  to  another  Member  State.  The 
“principle of availability” as established in the Proposal for a Council Framework Decision on 
the  exchange  of  information  under  the  principle  of  availability  excludes  from  its  scope  the 
access to the VIS and its data. 

Union action will better achieve the objectives of the proposal for the following reasons: 

The objectives of the Decision, to provide for the only admissible legal basis under European 
law  to  allow  for  and  to  lay  down  the  conditions  under  which  Member  States'  authorities 
responsible  for  internal  security  and  the  European  Police  Office  (Europol)  may  access  the 
Visa Information System (VIS) for consultation for the purposes of the prevention, detection 
and  investigation  of  terrorist  offences  and  other  serious  criminal  offences,  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 EU level. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

The  present  initiative  does  not  go  beyond  what  is  necessary  to  achieve  its  objective:  This 
Decision seeks to ensure full respect for the fundamental rights. It also restricts the conditions 
to the use of VIS data to specific cases only, thereby excluding routine access. 

The consultation of the data is exclusively reserved to duly authorised staff of the competent 
authorities of each Member State, and of Europol officials. Access to the VIS may only take 
place for specific purposes as defined in this Decision and limited to the extent the data are 
required for the performance of the tasks in accordance with these purposes. Consultation is 
initially limited to some enumerated VIS data; only if further information is necessary under 
the specific circumstances of the case, additional relevant data may be consulted. 

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Financial implications may be minimized as this proposal allows limited further access to an 
already  existing  Information  System.  As  to  the  further  cost  it  is  foreseen  that  each  Member 
State  and  Europol  shall  set  up  and  maintain  at  their  expense  the  technical  infrastructure 
necessary to implement this Decision, and be responsible for bearing the costs resulting from 
access to the VIS for the purposes of this Decision. 

•  Choice of instruments 

Proposed instruments: A Decision based on Article 30(1)(b) and Article 34 (2) (c) TEU. 

Other means would not be adequate for the following reason: 

The  form  of  a  Decision  has  been  chosen  because  it  is  necessary  to  adopt  an  act  of  general 
application which is binding on the Member States in its entirety. 

•  Participation in this VIS Decision 

The VIS Regulation covers the exchange of data on short stay visas between Member States 
"which  have  abolished  checks  at  their  internal  borders",  based  on  Article  62  (2)(b)(ii)  and 
Article 66 of the EC Treaty. This decision allows access to VIS data for the purposes of the 
prevention,  detection  and  investigation  of  terrorist  offences  and  the  crimes  and  offences  in 
respect  of  which  Europol  is  competent  to  act,  i.e.  purposes  which  are  not  covered  by  the 
common visa policy.  

However, this proposal governs the further use for a secondary purpose of data on short stay 
visas.  Such  data  is  Schengen  data  collected  in  the  framework  of  the  common  visa  policy. 
Creating further access rights to such data entails the necessity to protect such personal data 
within the meaning of Article 1, point F of Council Decision 1999/437/EC. Additionally, the 
Schengen  acquis  covers  within  the  framework  of  police  cooperation  the  assistance  “for  the 
purposes  of  preventing  and  detecting  criminal  offences”  (Article  39  (1)  Schengen 
Convention)  and  the  exchange  of  information  concerning  “any  information  which  may  be 
important in helping it combat future crime and prevent offences against or threats to public 
policy  and  public  security”  (Article  46  (1)  Schengen  Convention).  Therefore  this  decision 
constitutes a development of the Schengen acquis. The consequences for access to VIS data 
are as follows: 

United Kingdom and Ireland:  

As  Ireland  and  the  United  Kingdom  do  not  participate  in  the  common  visa  policy  and 
consequently  are  not  Member  States  to  which  the  VIS  Regulation  applies,  authorities 
responsible for internal security of these Member States do not have direct access to the VIS 
for  the  purposes  of  this  Decision.  However  it  is  appropriate  that  the  VIS  data  is  made 
available  to  the  authorities  responsible  for  internal  security  of  the  United  Kingdom  and 
Ireland. 

Iceland and Norway:  

The procedures laid down in the Association Agreement2 concluded by the Council and the 
Republic of Iceland and the Kingdom of Norway concerning the latter’s association with the 

2 

OJ L 176, 10.7.1999, p. 36. 

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implementation, application and development of the Schengen acquis are applicable, since the 
present proposal builds on the Schengen acquis as defined in Annex A of that Agreement. 

Switzerland: 

This Decision  constitutes a development  of the provisions of the Schengen aquis within the 
meaning of the Agreement signed by the European Union, the European Community and the 
Swiss  Confederation  on  the  latter’s  association  with  the  implementation,  application  and 
development of the Schengen acquis3, which fall within the area referred to in Article 4 (1) of 
the Council Decision 2004/849/EC4 on the signing, on behalf of the European Union, and on 
the provisional application of certain provisions of that Agreement. 

The Agreement with Switzerland, signed on 26.10.2004, provides for provisional application 
of  certain  provisions  upon  signature,  in  particular  the  participation  of  Switzerland  in  the 
Mixed Committee dealing with the development of the Schengen acquis.  

4. 

BUDGETARY IMPLICATIONS 

The proposal has implication for the Community budget insofar as the additional number of 
access to the VIS generated by the authorities responsible for internal security via the central 
access points has to be taken into account when setting up and maintaining the system. The 
implementation  of  the  proposed  Decision  would  entail  only  a  small  amount  of  additional 
administrative  expenditure,  to  be  charged  to  the  budget  of  the  European  Communities,  for 
meetings of and the secretarial services for the new committee set up referred to in Article 10 
of this Decision. 

5. 

ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

The proposal includes a review clause. 

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Council document 13054/04. 
OJ L 368 of 15.12.2004, p. 26. 

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2005/0232 (CNS) 

Proposal for a 

COUNCIL DECISION 

concerning access for consultation of the Visa Information System (VIS) by the 
authorities of Member States responsible for internal security and by Europol for the 
purposes of the prevention, detection and investigation of terrorist offences and of other 
serious criminal offences  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  European  Union,  and  in  particular  Article  30  (1)  (b)  and 
Article 34 (2) (c) thereof, 

Having regard to the proposal from the Commission5, 

Having regard to the opinion of the European Parliament6, 

Whereas: 

(1) 

(2) 

(3) 

Council  Decision  2004/512/EC  of  8  June  2004  establishing  the  Visa  Information 
System (VIS)7 established the VIS as a system for the exchange of visa data between 
Member  States.  The  establishment  of  the  VIS  represents  one  of  the  key  initiatives 
within the politics of the European Union in the area of Justice, Freedom and Security. 
One of the objectives of the VIS is to contribute towards improving the administration 
of the common visa policy and towards internal security and to combating terrorism. 

During its meeting of 7 March 2005 the Council adopted conclusions stating that ‘in 
order  to  achieve  fully  the  aim  of  improving  internal  security  and  the  fight  against 
terrorism’,  Member  State  authorities  responsible  for  internal  security  should  be 
guaranteed  access  to  the  VIS,  ‘in  the  course  of  their  duties  in  relation  to  the 
prevention,  detection  and  investigation  of  criminal  offences,  including  terrorist  acts 
and  threats’,  ‘subject  to  strict  compliance  with  the  rules  governing  the  protection  of 
personal data’.8 

It is essential in the fight against terrorism and other serious criminal offences for the 
relevant services to have the fullest and most up-to-date information in their respective 
fields. The Member States’ competent national services need information if they are to 
perform  their  tasks.  The  information  contained  in  the  VIS  may  be  important  for  the 
purposes  of  preventing  and  combating  terrorism  and  serious  crimes  and  should 

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OJ C , , p. . 
OJ C , , p. . 
OJ L 213, 15.6.2004, p. 5. 
Conclusions of the meeting Council Competitiveness 7.3.2005, doc. 6811/05. 

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therefore  be  available  for  consultation  by  the  authorities  responsible  for  internal 
security. 

(4)  Moreover, the European Council has stated that Europol has a key role with respect to 
cooperation  between  Member  States'  authorities  in  the  field  of  cross-border  crime 
investigation  in supporting Union-wide crime prevention, analyses and investigation. 
Consequently, Europol should also have access to VIS data within the framework of 
its tasks and in accordance with the Convention of 26 July 1995 on the Establishment 
of a European Police Office9. 

(5) 

(6) 

(7) 

(8) 

(9) 

This  Decision  complements  the  Regulation  of  the  European  Parliament  and  of  the 
Council  concerning  the  Visa  Information  System  (VIS)  and  the  exchange  of  data 
between Member States on short stay-visas 2005/XX/EC10 (hereinafter referred to as 
the  “VIS  Regulation”)  insofar  as  it  provides  for  a  legal  base  under  Title  VI  of  the 
Treaty on European Union authorizing the access to the VIS for authorities responsible 
for internal security and by Europol. 

It  is  necessary  to  define  the  competent  Member  States’  authorities  responsible  for 
internal  security  and  the  central  access  points,  duly  authorised  staff  of  which  are  to 
have  access  for  consultation  to  the  VIS  data  for  the  specific  purposes  of  the 
prevention, detection and investigation of terrorist offences and the types of crime and 
the offences in respect of which Europol is competent, to the extent necessary for the 
performance of their tasks. 

For  the  purposes  of  protection  of  personal  data,  and  in  particular  to  exclude  routine 
access,  the  processing  of  VIS  data  should  only  be  in  specific  cases.  The  authorities 
responsible for internal security and Europol should thus only search data contained in 
the VIS on the basis of reasonable grounds and factual indications. 

The  effective  monitoring  of  the  application  of  this  Decision  should  be  evaluated  at 
regular intervals. 

Since the objectives of the action to be taken, namely the creation of obligations and 
conditions  for  access  for  consultation  of  VIS  data  by  Member  States’  authorities 
responsible for internal security and by Europol cannot be sufficiently achieved by the 
Member States and can, therefore, by reason of the scale and effects of the action, be 
better achieved at the level of the European Union, the Council may adopt measures in 
accordance with the principle of subsidiarity, referred to in Article 2 of the Treaty on 
European  Union  and  defined  in  Article  5  of  the  Treaty  establishing  the  European 
Community.  In  accordance  with  the  principle  of  proportionality,  this  Decision  does 
not go beyond what is necessary in order to achieve those objectives. 

(10) 

In accordance with Article 47 of the Treaty on the European Union, this Framework 
Decision does not affect the competences of the European Community, in particular as 
exercised in the VIS Regulation and in Directive 95/46/EC of the European Parliament 

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10 

OJ C 316, 27.11.1995, p. 2, as last amended by the Protocol, drawn up on the basis of Article 43(1) of 
the Convention on the establishment of a European Police Office (Europol), amending that Convention 
- OJ C 2, 6.1.2004, p. 3. 
OJ C, p 

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and of the Council of 24 October 1995 on the protection of individuals with regard to 
the processing of personal data and on the free movement of such data11. 

(11)  The United Kingdom is taking part in this Decision, in accordance with Article 5 of 
the  Protocol  integrating  the  Schengen  acquis  into  the  framework  of  the  European 
Union annexed  to  the  EU Treaty and to the EC Treaty, and Article 8 (2) of 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 acquis12. 

(12) 

Ireland  is  taking  part  in  this  Decision  in  accordance  with  Article  5  of  the  Protocol 
integrating the Schengen acquis into the framework of the European Union annexed to 
the  EU  Treaty  and  to  the  EC  Treaty,  and  Article  6  (2)  of  Council  Decision 
2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of 
the provisions of the Schengen acquis13. 

(13)  As the United Kingdom and Ireland do not participate in the common visa policy and 
consequently are not Member States to which the VIS Regulation applies, authorities 
responsible for internal security of these Member States do not have direct access to 
the  VIS  for  the  purposes  of  this  Decision.  However,  it  is  appropriate  that  visa 
information is exchanged also with the authorities responsible for internal security in 
the United Kingdom and Ireland. By this Decision, Member States to which the VIS 
Regulation  applies  agree  that  VIS  data  can  be  made  available  by  any  of  them  to  the 
authorities responsible for internal security in the United Kingdom and Ireland.  

(14)  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  acquis14,  which  fall  within  the  area 
referred to in Article 1, point F 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 acquis15.  

(15)  As regards Switzerland, this Decision constitutes a  development of the provisions of 
the  Schengen  acquis  within  the  meaning  of  the  Agreement  signed  by  the  European 
Union,  the  European  Community  and  the  Swiss  Confederation  concerning  the 
association  of  the  Swiss  Confederation  with  the  implementation,  application  and 
development of the Schengen acquis which fall within the area referred to in Article 1, 
point  F  of  Council  Decision  1999/437/EC  of  17  May  1999  read  in  conjunction  with 
Article  4  (1)  of  the  Council  Decision  2004/849/EC  on  the  signing,  on  behalf  of  the 

11 
12 
13 
14 
15 

OJ L 281, 23.11.1995, p. 31. 
OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 
OJ L 176, 10.7.1999, p. 36. 
OJ L 176, 10.7.1999, p. 31. 

EN 

11 

   EN 

 
                                                 
European  Union,  and  on  the  provisional  application  of  certain  provisions  of  that 
Agreement16. 

(16)  This Decision respects the fundamental rights and observes the principles recognised 

in particular by the Charter of Fundamental Rights of the European Union. 

HAS DECIDED AS FOLLOWS:  

Article 1 

Subject matter and scope 

This  Decision  lays  down  the  conditions  under  which  Member  States’  authorities 
responsible  for  internal  security  and  the  European  Police  Office  may  obtain  access 
for consultation of the Visa Information System for the purposes of the prevention, 
detection  and  investigation  of  terrorist  offences  and  of  other  serious  criminal 
offences. 

Article 2 

Definitions 

1. 

For the purposes of this Decision, the following definitions shall apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

‘Visa  Information  System  (VIS)’  means  the  Visa  Information  System  as 
established by Council Decision 2004/512/EC; 

’Europol’ means the European Police Office as established by the Convention 
of  26  July  1995  on  the  Establishment  of  a  European  Police  Office  (“the 
Europol Convention”);  

‘terrorist offences’ means the offences under national law which correspond or 
are  equivalent  to  the  offences  in  Articles  1  to  4  of  Council  Framework 
Decision 2002/475/JHA on combating terrorism17;  

‘serious criminal offences’ means the forms of crime referred to in Article 2 of 
the Europol Convention and the Annex thereto; 

‘authorities  responsible  for  internal  security’  means  those  authorities  of  the 
Member  States  which  are  responsible  for  the  prevention,  detection  or 
investigation of terrorist offences or of other serious criminal offences.  

2. 

The definitions in the VIS Regulation shall also apply. 

16 
17 

OJ L 368, 15.12.2004, p. 26. 
OJ L 164, 22.6.2002, p.3. 

EN 

12 

   EN 

 
                                                 
1. 

2. 

1. 

2. 

3. 

1. 

Article 3 

Authorities responsible for internal security 

The  authorities  responsible  for  internal  security  which  are  authorised  in  each 
Member State to access VIS data pursuant to this Decision shall be as set out in the 
Annex. 

Amendments to the Annex shall be made in accordance with the procedure set out in 
Article 11.  

The  Commission  shall  publish  the  amendments  in  the  Official  Journal  of  the 
European Union. 

Article 4 

Central access points to the VIS 

Each  Member  State  to  which  the  VIS  Regulation  applies  shall  designate  a  single 
national  authority  as  the  central  access  point  and  shall  designate  a  specialised  unit 
therein  comprising  officials  duly  empowered  to  access  the  VIS  for  consultation  for 
the  purposes  of  this  Decision.  The  central  access  points  shall  be  as  set  out  in  the 
Annex. 

Amendments to the Annex shall be made in accordance with the procedure set out in 
Article 11.  

The  Commission  shall  publish  such  amendments  in  the  Official  Journal  of  the 
European Union. 

Each  central  access  point  shall  consult  the  VIS  on  behalf  of  the  authorities 
responsible for internal security in the Member State by which it was designated. 

Article 5 

Conditions for access to VIS data by authorities responsible for internal security of 
Member States to which the VIS Regulation applies  

Access  to  the  VIS  for  consultation  by  authorities  responsible  for  internal  security 
shall take place within the scope of their powers and if the following conditions are 
satisfied: 

(a) 

(b) 

a duly reasoned written or electronic request must be submitted to the central 
access point;  

access  for  consultation  must  be  necessary  for  the  purpose  of  the  prevention, 
detection  or  investigation  of  terrorist  offences  or  other  serious  criminal 
offences;  

EN 

13 

   EN 

 
(c) 

access  for  consultation  must  be  necessary  in  a  specific  case;  a  specific  case 
exists in particular when the access for consultation is connected to a specific 
event determined by date and place, or to an imminent danger associated with 
crime, or to a specific person in respect of whom there are serious grounds for 
believing  that  he  or  she  will  commit  terrorist  offences  or  serious  criminal 
offences or that he or she has a relevant connection with such a person;  

(d) 

if  there  are  reasonable  grounds,  based  on  factual  indications,  to  consider  that 
consultation  of  VIS  data  will  contribute  to  the  prevention,  detection  or 
investigation of any of the criminal offences in question;  

2. 

Access  to  the  VIS  for  consultation  shall  be  limited  to  searching  with  the  following 
VIS data in the application file:  

(a) 

surname, surname at birth (earlier surname(s)); first names; sex; date, place and 
country of birth; 

(b) 

current nationality of the applicant; 

(c) 

type and number of the travel document, the authority which issued it and the 
date of issue and of expiry; 

(d)  main destination and duration of the intended stay; 

(e) 

purpose of travel; 

(f) 

date of arrival and departure; 

(g) 

border of first entry or transit route; 

(h) 

 residence;  

(i) 

(j) 

photographs; 

fingerprints; 

(k) 

type of visa and the number of the visa sticker. 

3. 

If the first consultation of the data listed in paragraph 2 shows that any of those data 
are  recorded  in  the  VIS,  and  if  further  information  is  necessary  in  the  specific 
circumstances of the case, the authorities responsible for internal security shall have 
access  to  consult  the  following  additional  data  contained  in  the  application  file,  as 
well as in linked application file(s): 

(a) 

any other data taken from the application form; 

(b) 

the  data  entered  in  respect  of  any  visa  issued,  refused,  annulled,  revoked  or 
extended. 

EN 

14 

   EN 

 
Article 6 

Conditions for access to VIS data by authorities responsible for internal security of 
Member States to which the VIS Regulation does not apply 

1. 

2. 

Access to the VIS for consultation by authorities responsible for internal security of a 
Member State to which the VIS Regulation does not apply shall take place within the 
scope of their powers and  

(a) 

(b) 

subject to the same conditions as referred to in Article 5 (1) (b) to (d); and 

by a duly motivated written or electronic request to an authority responsible for 
internal security of a Member State to which the VIS Regulation applies; that 
authority shall then request its national central access point to consult the VIS. 

Member  States  to  which  the  VIS  Regulation  does  not  apply  shall  make  their  visa 
information available to Member States to which the VIS Regulation applies, on the 
basis of a duly reasoned written or electronic request, subject to compliance with the 
conditions laid down in Article 5 (1) (b) to (d).  

Article 7 

Conditions for access to VIS data by Europol 

1. 

Access to the VIS for consultation by Europol shall take place within the limits of its 
mandate and  

(a) 

(b) 

when necessary for the performance of its tasks pursuant to Article 3(1), point 
2  of  the  Europol  Convention  and  for  the  purposes  of  a  specific  analysis  as 
referred to in Article 10 of the Europol Convention ; or 

when necessary for the performance of its tasks pursuant to Article 3(1), point 
2 of the Europol Convention  and for an analysis of  a general nature  and of a 
strategic type, as referred to in Article 10 of the Europol Convention, provided 
that VIS data is rendered anonymous by Europol prior to such processing and 
retained  in  a  form  in  which  identification  of  the  data  subjects  is  no  longer 
possible. 

2. 

3. 

4. 

Article 5 (2) and (3) of this Decision apply accordingly. 

Europol shall designate a specialised unit for the purpose of this Decision with duly 
empowered Europol officials to act as the central access point to access the VIS for 
consultation. 

Processing  of  information  obtained  by  Europol  from  access  to  the  VIS  shall  be 
subject to the consent of the Member State which has entered that data in the VIS. 
Such consent shall be obtained via the Europol national unit of that Member State.  

EN 

15 

   EN 

 
Article 8 

Protection of personal data 

The Council Framework Decision on the protection of personal data processed in the 
framework of police and judicial co-operation in criminal matters (2005/XX/JI) shall 
apply to the processing of personal data pursuant to this Decision. The processing of 
personal  data  shall  be  supervised  by  the  independent  national  Data  Protection 
Supervisory  authority  or  authorities  as  provided  for  in  Article  30  of  that  Council 
Framework Decision. 

The  processing  of  personal  data  by  Europol  pursuant  to  this  Decision  shall  be  in 
accordance  with  the  Europol  Convention  and  supervised  by  the  independent  joint 
supervisory body established by Article 24 of the Convention. 

The  processing  of  personal  data  by  the  European  Commission  pursuant  to  this 
Decision shall be in accordance with Regulation (EC) No 45/2001 of the European 
Parliament and of the Council of 18 December 2000 on the protection of individuals 
with  regard  to  the  processing  of  personal  data  by  the  Community  institutions  and 
bodies and on the free movement of such data18 and be supervised by the European 
Data Protection Supervisor as provided for in Article 41 of that Regulation. 

The  Working  Party  on  the  Protection  of  Individuals  with  regard  to  the  Processing  
of  Personal  Data  for  the  purpose  of  the  prevention,  investigation,  detection  and  
prosecution  of  criminal  offences  established  by  Article  31  of  Council  Framework 
Decision 2005/XX/JI on the protection of personal data processed in the framework 
of police and judicial co-operation in criminal matters shall also carry out the tasks 
laid down in Article 32 of that Framework Decision with regard to matters covered 
by this Decision. 

The  transfer  of  personal  data  obtained  from  accessing  the  VIS  by  authorities 
responsible for internal security and by Europol shall be prohibited, except where the 
data  is  transmitted  to  competent  authorities  responsible  for  internal  security  of 
Member States, under the conditions and for the purposes of Articles 5 and 6 and in 
full  accordance  with  the  applicable  rules  on  the  protection  of  personal  data  as 
referred to in this Article.  

The competent Data Protection Supervisory authority or authorities shall investigate 
the  lawfulness  of  the  processing  of  personal  data  pursuant  to  this  Decision  at  least 
once a year. The resulting reports shall be made public. 

Member  States,  the  Commission  and  Europol  shall  provide  to  the  competent  Data 
Protection  Supervisory  authority  or  authorities  the  necessary  information  to  enable 
them to carry out their tasks in accordance with this article. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

18 

OJ L 8, 12.1.2001, p.1. 

EN 

16 

   EN 

 
                                                 
Article 9 

Costs 

Each  Member  State  and  Europol  shall  set  up  and  maintain  at  their  expense,  the 
technical infrastructure necessary to implement this Decision, and be responsible for 
bearing the costs resulting from access to the VIS for the purposes of this Decision. 

Article 10 

Keeping of records 

1. 

2. 

3. 

1. 

2. 

Each  Member  State,  Europol,  and  the  Commission  as  the  responsible  body  for 
establishing and operating the Central Visa Information System shall keep records of 
all  data  processing  operations  resulting  from  access  to  the  VIS  for  consultation 
pursuant to this Decision. Those records shall show the exact purpose of the access 
for consultation, the date and time of access, the data used for consultation and the 
type  of  data  consulted,  and  the  name  of  the  authority  accessing  and  consulting  the 
data. In addition, each Member State and Europol shall keep records of the persons 
responsible for consulting the data. 

Such  records  containing  personal  data  may  be  used  only  for  the  data  protection 
monitoring of the legality of data processing as well as to ensure data security. Only 
such records containing data of a non-personal nature may be used for the monitoring 
and evaluation referred to in Article 12. 

These records shall be protected by appropriate measures against unauthorised access 
and abuse and deleted after a period of one year after the five year retention period 
referred  to  in  Article  20  (1)  of  the  VIS  Regulation  has  expired,  unless  they  are 
required for monitoring procedures which have already begun. 

Article 11 

Advisory Committee 

Where  reference  is  made  to  this  Article,  the  Commission  shall  be  assisted  by  a 
advisory  Committee  composed  of  the  representatives  of  the  Member  States  and 
chaired by the representative of the Commission. 

The Committee shall adopt its rules of procedure on a proposal made by the Chair on 
the  basis  of  standard  rules  of  procedure  which  have  been  published  in  the  Official 
Journal  of  the  European  Union.  Each  Member  State  shall  designate  one 
representative. 

EN 

17 

   EN 

 
3. 

4. 

5. 

1. 

2. 

3. 

The representative of the Commission shall submit to the Committee a draft of the 
measures  to  be  taken.  The  Committee  shall  deliver  its  opinion  on  the  draft,  if 
necessary  by  taking  a  vote,  within  a  time-limit  to  be  laid  down  by  the  Chair 
according to the urgency of the matter. The Chair shall not vote. 

The opinion shall be recorded in the minutes. Each Member State shall have the right 
to ask to have its position recorded in the minutes. 

The  Commission  shall  take  the  utmost  account  of  the  opinion  delivered  by  the 
Committee.  It  shall  inform  the  Committee  of  the  manner  in  which  the  opinion  has 
been taken into account. 

Article 12 

Monitoring and evaluation 

The Commission shall ensure that systems are in place to monitor the functioning of 
the  VIS  pursuant  to  this  Decision  against  objectives,  in  terms  of  outputs,  cost-
effectiveness and quality of service. 

Two  years  after  the  VIS  starts  operations  and  every  two  years  hereafter,  the 
Commission shall submit a report to the European Parliament and to the Council on 
the  technical  functioning  of  the  VIS  pursuant  to  this  Decision.  That  report  shall 
include  information  on  the  performance  of  the  VIS  against  quantitative  indicators 
predefined by the Commission. 

Four  years  after  the  VIS  starts  operating  and  every  four  years  thereafter,  the 
Commission shall produce an overall evaluation of the VIS pursuant to this Decision. 
This  evaluation  shall  include  an  examination  of  the  results  achieved  against 
objectives  and  an  assessment  of  the  continuing  validity  of  the  underlying  rationale 
behind  this  Decision  and  any  implications  for  future  operations.  The  Commission 
shall submit the evaluation reports to the European Parliament and the Council. 

4. 

The  Member  States  and  Europol  shall  provide  to  the  Commission  the  necessary 
information to enable them to carry out its tasks in accordance with this article. 

Article 13 

Entry into force and date of application 

1. 

This  Decision  shall  enter  into  force  on  the  twentieth  day  following  that  of  its 
publication in the Official Journal of the European Union. 

EN 

18 

   EN 

 
2. 

This  Decision  shall  apply  from  the  date to  be  determined  by  the  Commission  once 
the following conditions are met: 

(a) 

the VIS Regulation has entered into force and is applicable; 

(b) 

the  Council  Framework  Decision  on  the  protection  of  personal  data 
processed  in  the  framework  of  police  and  judicial  co-operation  in 
criminal matters (2005/XX/JI) has entered into force. 

The Commission shall publish that date in the Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President

EN 

19 

   EN 

 
 
 
ANNEX 

Part I. List of authorities responsible for the internal security having access to the VIS 
for the purposes of this Decision as required by Article 3 

1. 

Member State 

•  Authority responsible for the internal security:  

Part II. 

List of central access point having access to the VIS for the purposes of 

this Decision as required by Article 4  
(only applicable for Member States to which the VIS Regulation applies) 

1. 

Member State 

•  Central access point 

EN 

20 

   EN 

 
 
LEGISLATIVE FINANCIAL STATEMENT 

This document is intended to accompany and complement the Explanatory Memorandum. 
As such, when completing this Legislative Financial Statement, and without prejudice to 
its legibility, an attempt should be made to avoid repeating information contained in the 
Explanatory  Memorandum.  Before  filling  in  this  template,  please  refer  to  the  specific 
Guidelines  that  have  been  drafted  to  provide  guidance  and  clarification  for  the  items 
below.  

1. 

NAME OF THE PROPOSAL 

Proposal  for  a  Council  decision  concerning  the  access  for  consultation  to  the 
Visa  Information  System  (VIS)  to  authorities  of  member  states  responsible  for 
internal  security  and  to  Europol  for  the  purposes  of  the  prevention,  detection 
and  investigation  of  terrorist  offences  and  of  other  serious  criminal  offences 
(VIS access decision) 

2. 

ABM / ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities: 

Justice  and  Home  Affairs;  1806  –  Establishing  a  genuine  area  of  freedom, 
security and justice in criminal and civil matters 

3. 

BUDGET LINES 

3.1. 

Budget lines (operational lines and related technical and administrative 
assistance lines (ex- B.A lines)) including headings: 
N.A. 

3.2. 

Duration of the action and of the financial impact: 
From 2006 

3.3. 

Budgetary characteristics (add rows if necessary): N.A. 

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Comp/ 
Non-
comp 

Diff19/ 
Non-
diff20 

YES/ 
NO 

YES/NO 

YES/NO 

No  

19 
20 

Differentiated appropriations 
Non-differentiated appropriations hereafter referred to as NDA 

EN 

21 

   EN 

 
 
                                                 
Comp/ 
Non-
comp 

Diff/ 
Non-
diff 

YES/ 
NO 

4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

YES/NO 

YES/NO 

No  

4.2. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

Expenditure type 

Section 
no. 

2006 

2007 

2008 

2009 

2010 

Total 

2011 
and 
later 

EUR million (to 3 decimal places) 

Operational expenditure21 

Commitment 
Appropriations (CA) 

8.1 

Payment  Appropriations 
(PA) 

a 

b 

Administrative expenditure within reference amount22 

& 
Technical 
administrative  assistance 
(NDA) 

8.2.4 

c 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

Commitment 
Appropriations 

Payment 
Appropriations 

a+c 

b+c 

Administrative expenditure not included in reference amount23 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
associated 
not 
included in reference amount 
(NDA) 

costs, 

189.000 

189.000 

189.000 

189.000 

189.000 

189.000 

1.134.000 

41.000 

41.000 

41.000 

41.000 

41.000 

41.000 

246.000 

8.2.5 

d 

8.2.6 

e 

21 
22 
23 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Total indicative financial cost of intervention 

TOTAL  CA 
cost 
Resources 

of 

TOTAL  PA 
cost 
Resources 

of 

including 
Human 

including 
Human 

Co-financing details 

a+c
+d+
e 

b+c
+d+
e 

230.440 

230.440 

230.440 

230.440 

230.440 

230.440 

1.382.640 

230.440 

230.440 

230.440 

230.440 

230.440 

230.440 

1.382.640 

If the proposal involves co-financing by Member States, or other bodies (please specify 
which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in  the  table 
below (additional lines may be added if different bodies are foreseen for the provision of 
the co-financing): 

EUR million (to 3 decimal places) 

n + 1 

n + 2 

n + 3 

n + 4 

Year 
n 

n  +  5 
and 
later 

Total 

Co-financing body 

…………………… 

TOTAL CA including co-
financing 

f 

a+c
+d+
e+f 

4.2.1.  Compatibility with Financial Programming 

(cid:58) 

Proposal is compatible with existing financial programming. 

Proposal will entail reprogramming of the relevant heading in the financial 

(cid:133) 
perspective. 

(cid:133) 
Proposal may require application of the provisions of the Interinstitutional 
Agreement24 (i.e. flexibility instrument or revision of the financial perspective). 

4.2.2.  Financial impact on Revenue 

(cid:133) 

Proposal has no financial implications on revenue 

24 

See points 19 and 24 of the Interinstitutional agreement. 

EN 

23 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:133) 

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

NB:  All  details  and  observations  relating  to  the  method  of  calculating  the 
effect on revenue should be shown in a separate annex. 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[n+1]

[n+2]

[Year 
n] 

[n+3]  [n+4]  [n+5]
25 

Prior to
action 
[Year 
n-1] 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

(Please  specify  each  revenue  budget  line  involved,  adding  the  appropriate 
number of rows to the table if there is an effect on more than one budget line.) 

4.3. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

2006 

2007 

2008 

2009 

2010 

2011 
and 
later 

number 
Total 
human resources 

of 

1,75 

1,75 

1,75 

1,75 

1,75 

1,75 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details  of  the  context  of  the  proposal  are  required 
in  the  Explanatory 
Memorandum.  This  section  of  the  Legislative  Financial  Statement  should  include 
the following specific complementary information: 

5.1. 

Need to be met in the short or long term 

5.2. 

At EU level a Advisory Committee needs to be established after adoption of the 
Decision  to  update  in  the  Annex  the  relevant  authorities  and  central  access 
points  of  each  Member  State  who  are  authorized  to  have  access  to  the  VIS 
system whenever there are changes in the future.  

5.3. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

25 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

EN 

24 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
5.4. 

Community  involvement  is  necessary  in  order  to  keep  the  list  of  authorities 
authorized to access the VIS up-dated on a European level. Information is to be 
provided by Member States and will be published in the Official Journal.  

5.5. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

The objective is to contribute to establishing a genuine area of freedom, security 
and justice in criminal and civil matters by specifying and keeping up-to-date the 
third  pillar  authorities  which  are  authorized  to  have  access  to  the  VIS  to  ensure 
legal  clarity  for  the  citizens  and  to  facilitate  the  tasks  of  the  Data  Protection 
Supervisory Authorities. 

5.6.  Method of Implementation (indicative) 

Show below the method(s)26 chosen for the implementation of the action. 

ٱ 

ٱ 

ٱ 

ٱ 

Centralised Management 

Directly by the Commission 

Indirectly by delegation to: 

Executive Agencies 

Bodies  set  up  by  the  Communities  as  referred  to  in  art.  185  of  the  Financial 

ٱ 
Regulation 

ٱ 

ٱ 

ٱ 

ٱ 

ٱ 

National public-sector bodies/bodies with public-service mission 

Shared or decentralised management 

With Member states 

With Third countries 

Joint management with international organisations (please specify) 

Relevant comments: 

26 

If more than one method is indicated please provide additional details in the "Relevant comments" 
section of this point 

EN 

25 

   EN 

 
                                                 
6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

6.2.2.  Measures  taken  following  an  intermediate/ex-post  evaluation  (lessons  learned 

from similar experiences in the past) 

6.2.3.  Terms and frequency of future evaluation 

7. 

ANTI-FRAUD MEASURES

EN 

26 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

Type of 
output 

Av. 
cost 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year n+5 and 
later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

(Headings  of  Objectives, 
actions  and  outputs  should 
be provided) 

OPERATIONAL 
OBJECTIVE No.1 27……… 

Action 1 

- Output 1 

- Output 2 

Action 2 

- Output 1 

Sub-total Objective 1 

OPERATIONAL 
OBJECTIVE No.21 

Action 1 

- Output 1 

Sub-total Objective 2 

OPERATIONAL 
OBJECTIVE No.n 1 

27 

As described under Section 5.3 

EN 

27 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Sub-total Objective n 

TOTAL COST 

EN 

28 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2. 

Administrative Expenditure 

The impact on staff and administrative expenditure will be covered in the context of 
allocation  of  resources  of  the  lead  DG  in  the  context  of  the  annual  allocation 
procedure. 

The allocation of posts also depends on the attribution of functions and resources in 
the context of the financial perspectives 2007-2013. 

8.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

2006 

2007 

2008 

2009 

2010 

2011 

0,25 

1,5 

0,25 

1,5 

0,25 

1,5 

0,25 

1,5 

0,25 

1,5 

A*/AD 

0,25 

B*, 
C*/AST 

1,5 

Officials 
or 
temporary 
staff28 
(XX 01 
01) 

Staff  financed29  by 
art. XX 01 02 

staff30 
Other 
financed  by  art.  XX 
01 04/05 

TOTAL 

1,75 

1,75 

1,75 

1,75 

1,75 

1,75 

8.2.2.  Description of tasks deriving from the action 

The staff will have to providing the secretarial support, including communication and prepare 
the meetings of the committee. 

8.2.3.  Sources of human resources (statutory) 

(When more than one source is stated, please indicate the number of posts originating from 
each of the sources) 

Posts currently allocated to the management of the programme to be replaced 

(cid:58) 
or extended 

28 
29 
30 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

EN 

29 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:133) 

Posts pre-allocated within the APS/PDB exercise for year n 

(cid:133) 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 

(cid:133) 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 

(cid:133) 
year in question 

8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 
later 

TOTAL 

Technical 

and 
1 
assistance (including related staff costs) 

administrative 

Executive agencies31 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

 extra muros 

Total  Technical  and  administrative 
assistance 

31 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

30 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to 3 decimal places) 

Type of human resources 

2006 

2007 

2008 

2009 

2010 

2011 

and later 

Officials and temporary staff (XX 01 
01) 

Staff  financed  by  Art  XX  01  02 
(auxiliary, END, contract staff, etc.) 

(specify budget line) 

Total cost of Human Resources 
and associated costs (NOT in 
reference amount) 

189.000 

189.000 

189.000 

189.000 

189.000 

189.000 

189.000 

189.000 

189.000 

189.000 

189.000 

189.000 

Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

Staffing: 1 X 108.000, 0,5 X 108.000, 0,25 X 108.000 = 189 .000  

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

EN 

31 

   EN 

 
 
 
 
 
 
 
8.2.6.  Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

2006 

2007 

2008 

2009 

2010 

2011 

and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

41.440 

41.440 

41.440 

41.440 

41.440 

41.440 

248.640 

XX 01 02 11 03 – Committees32  

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 Total Other Management Expenditure 

(XX 01 02 11) 

3 

Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

Total Administrative expenditure, other 
than human resources and associated 
costs (NOT included in reference 
amount) 

41.440 

41.440 

41.440 

41.440 

41.440 

41.440 

248.640 

Calculation - Other administrative expenditure not included in reference amount 

2  meetings  X  28  (One  participant  per  Member  State  and  per  State  to  which  the  VIS 
Regulation applies [Iceland, Norway, Switzerland]) X 740€ per annum 

32 

Specify the type of committee and the group to which it belongs. 

EN 

32 

   EN