Proposal for a Regulation of the European Parliament and of the Council of […] amending Regulation (EC) No 562/2006 as regards the use of the Visa Information System (VIS) under the Schengen Borders Code
Date: 2008-02-22
Institutions: European Commission
Subjects: EU visa policy, Schengen Agreement, border control, customs formalities, external border of the EU, foreign national, free movement of persons, information system

EN 

EN 

   EN 

 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.2.2008 
COM(2008) 101 final 

2008/0041 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

of […] 

amending Regulation (EC) No 562/2006 as regards the use of the Visa Information 
System (VIS) under the Schengen Borders Code 

(presented by the Commission) 

EN 

   EN 

 
  
 
 
 
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The  current  proposal  deals  with  the  required  amendments  of  the  Schengen  Borders  Code 
(SBC) in order to ensure an efficient use of the Visa Information System (VIS) at the external 
borders. The objective of this proposal is to lay down common rules on the obligation to use 
the VIS at the external borders and thus to further develop integrated border management of 
the European Union.  

•  General context 

For the purpose of laying down the conditions, criteria and detailed rules governing checks at 
external border crossing points and surveillance at the external border, the Community Code 
on the rules governing the movement of persons across borders (Schengen Borders Code) was 
adopted on 15 March 2006. In accordance with Article 7(3) of the Schengen Borders Code, all 
third country nationals shall be subject to thorough checks at the external borders.  

The European Parliament and the Council have adopted Regulation (EC) No xx/2008 of ….. 
concerning  the  Visa  Information  System  (VIS)  and  the  exchange  of  data  between  Member 
States  on  short  stay-visas  (VIS  Regulation)1.  The  Commission  has  tabled  a  proposal  for  a 
Regulation of the European Parliament and of the Council amending the Common Consular 
Instructions (CCI) on visas for diplomatic and consular posts in relation to the introduction of 
biometrics,  including  provisions  on  the  organisation  of  the  reception  and  processing  of  visa 
applications2.  

The  VIS  Regulation  defines  the  purpose,  the  functionalities  of  and  responsibilities  for  the 
VIS, whereas the amendment of the CCI will create the legal basis for Member States to take 
mandatory  biometric  identifiers  from  visa  applicants  and  also  sets  out  the  possibility  of 
collaboration  among Member  States,  for  example by creating Common  Application Centres 
(CAC).  

Within the overall objective of the VIS to improve the implementation of the common visa 
policy, one of the purposes of the VIS is to facilitate checks at external border crossing points, 
including the fight against fraud.  

In accordance with Article 18 of the VIS Regulation, border guards have access to search the 
VIS  for  the  purpose  of  verification  by  using  the  number  of  the  visa  sticker  in  combination 
with  fingerprints  of  the  visa  holder.  For  a  maximum  period  of  three  years  after  the  start  of 
operations,  the  search  may  be  carried  out  using  only  the  number  of  the  visa  sticker.  The 
period of three years may be reduced in the case of air borders. 

For  the  efficiency  of  the  border  checks  at  the  external  border  the  use  of  the  VIS  is  of 
fundamental  importance.  Only  a  biometric  check  can  confirm  with  certainty  that  the  person 
wishing to enter the Schengen area is the one to whom the visa has been issued. Therefore, a 

1 
2 

OJ […], […], p. […]. 
COM(2006) 269 final. 

EN 

2 

   EN 

                                                 
systematic consultation of the VIS including a biometric check by the border guards should be 
performed for each visa holder. 

However, the VIS Regulation does not and cannot contain provisions on the obligation to use 
the  VIS  at  the  external  borders.  The  aim  of  the  present  proposal  is  thus  to  complement  the 
VIS  Regulation  by  establishing  common  rules  to  this  effect  through  the  amendment  of  the 
Schengen  Borders  Code  to  ensure  that  the  VIS  will  be  used  in  an  efficient  and  harmonised 
way at the external borders. Without a  common  regime,  those  border  crossing points where 
the VIS is not systematically used could be exploited by illegal immigrants and criminals. 

A systematic consultation of the VIS at the external borders is a prerequisite in order to allow 
greater  flexibility  at  the  time  the  visa  application  is  submitted:  the  aforementioned 
Commission's proposal amending the CCI foresees that in cases of repeated visa applications 
within a time-frame of 48 months biometric data can be re-used and copied from the previous 
application stored in the VIS. This allows for  maintaining  the  flexibility  of  exempting  bona 
fide  applicants  from  the  obligation  to  appear  in  person  at  the  consulate.  The  presumption 
behind this rule was that all visa holders would be checked at the external borders ensuring 
that  possible  abuses  of  the  visas  are  detected.  If  the  VIS  is  not  used  systematically  at  the 
external borders, biometric  data would have to captured every time at the consulate when a 
new visa is applied for. 

Gradual regional roll out at the consulates 

Article 48 of the VIS Regulation provides the mechanism for the gradual regional roll-out of 
the VIS at the consulates. In accordance with the Council conclusions of 2 December 2005, 
the  roll-out  of  the  VIS  should  begin  with  consular  posts  in  North  Africa  and  Near  East 
regions.  After  the  roll-out  has  started,  the  consulates  in  the  first  region  must  collect  and 
transmit the data referred to in Article 5(1) of the VIS Regulation for all visa applications in 
the first region into the VIS data base. This information also comprises the fingerprints of the 
visa applicants. The Commission shall determine the date from which the transmission of the 
data  referred  to  in  Article  5(1)  of  the  VIS  Regulation  including  the  fingerprints  of  the  visa 
applicants becomes mandatory also in each other region.  

Before  that  date,  in  each  of  these  other  regions  the  Member  States  may  start  collecting  and 
transmitting  the  data  to  the  VIS  in  accordance  with  Article  48(3)  of  the  VIS  Regulation  by 
recording at least the alphanumeric data and photographs as stated in the Article 5(1)(a) and 
(b) of the VIS Regulation. 

As  a  consequence  of  the  gradual  regional  roll  out  and  the  possibility  referred  to  in 
Article 48(3) of the VIS Regulation, the following types of visa will be in circulation: 

(a) 

(b) 

(c) 

visas  issued  in  a  region  covered  by  the  mandatory  use  of  the  VIS,  thus  usually 
including fingerprints; 

visas  issued  in  a  region  where  the  roll  out  has  not  yet  started,  but  where  one  or 
several Member States have started collecting and entering data in the VIS, including 
fingerprints; 

visas  issued  in  a  region,  where  the  roll  out  has  not  yet  started,  but  where  one  or 
several  Member  States  have  started  collecting  and  entering  data  in  the  VIS,  but 
without fingerprints (thus only alphanumeric data and photograph); 

EN 

3 

   EN 

(d) 

visas  issued  in  a  region,  where  the  roll  out  has  not  yet  started  by  Member  States 
which have not started collecting and entering data in the VIS; 

(e) 

visas issued before the VIS Regulation applies. 

It should be noted that after the roll out has been completed, for a certain period of time there 
will still be visas without biometrics in circulation e.g. multiple-entry visas issued before that 
date. 

Use of the VIS at the external borders 

The following table indicates the information available for the border guards when checking 
the VIS by using the visa sticker number in combination with verification of fingerprints and 
the actions to be carried out. 

USE OF THE VIS AT THE EXTERNAL BORDERS BY USING THE VISA STICKER NUMBER IN COMBINATION WITH 
VERIFICATION OF FINGERPRINTS 

Border crossing point 

No information in the VIS 

Information  is  available  in  the 
VIS 
not 
– 
available

fingerprints 

Information is available in the VIS – 
fingerprints available 

Examination using current practices 

Border  Guard  will  have  full  information 
available  on  the  roll  out  of  the  VIS  incl. 
unilateral start 

check 

against 
Cross 
in 
information 
Article 18(4)  of 
the  VIS 
Regulation  available  to  the 
border guard 

listed 

stored 

file  concerning 

available  whether 
Information 
the 
fingerprints  match  with 
the 
fingerprints 
in 
application 
this 
visa.  If  the  fingerprints  do  match, 
cross  check  against 
information 
listed  in  Article  18(4)  of  the  VIS 
Regulation  available  to  the  border 
guard 

Use of the VIS at the external borders – transitional period and search keys  

During the transitional period referred to in Article 18(2) of the VIS Regulation there are two 
options  for  consulting  the  VIS,  either  with  the  visa  sticker  number  in  combination  with 
verification of fingerprints of the visa holder, or with the visa sticker number alone. In either 
case the consultation of the VIS on entry will start at least with the visa sticker number.  

The search with the visa sticker number in combination with fingerprints would be useless, if 
there  are  no  fingerprints  in  the  VIS  which  could  be  matched  against  the  fingerprints  of  the 
visa  holder.  Therefore,  during  the  transitional  period  the  VIS  should  give  immediately  after 
the check with the visa sticker number the information not only whether there is information 
related to the visa in the VIS, but also whether there are fingerprints stored in the application 
file  concerning  this  visa.  If  the  visa  holder  has  been  exempted  from  giving  fingerprints 

EN 

4 

   EN 

 
i.e. diplomats,  young  children  and  people  who  have  lost  their  hands  or  whose  fingerprints 
cannot physically be taken, they are not available in the VIS. In this case, the VIS should give 
the information “no fingerprints in the VIS”3. 

The following table indicates the information available for the border guards when checking 
the VIS during the transitional period and the actions to be carried out. 

USE OF THE VIS AT THE EXTERNAL BORDERS DURING THE TRANSITIONAL PERIOD BY USING THE 
VISA STICKER NUMBER  

Border crossing point 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
Vis should give automatically information whether there is infomation or not in data base including whether 
there are fingerprints stored in the application file concerning this visa 

No information in the VIS 

Information available in the VIS 

Examination using current practices 

Border  Guard  will  have  full  information 
available  on  the  roll  out  of  the  VIS  incl. 
unilateral start 

Two options 

Alphanumeric  data  and 
photograph 
available, 
fingerprints not available 

data, 
Alphanumeric 
photograph 
and 
fingerprints available 

Two options 

Examination 
verification of fingerprints 

without 

Verification of fingerprints 

Cross check against information listed in 
Article  18(4)  of  the  VIS  Regulation 
available to the border guard 

information 

Cross  check  against 
in 
Article 8(4) of the VIS Regulation available to the 
border  guard.  Information  available  also  whether 
fingerprints  match  with  the  fingerprints  stored  in 
the application file concerning this visa 

listed 

In  order  to  allow  the  border  guard  to  assess  whether  the  person  is  fulfilling  the  entry 
conditions, he must have access to the full information on the roll out and on Member States 
making use of the unilateral start of operations of the VIS according to the second sentence of 
Article 48(3) of the VIS Regulation. 

Consequently,  the  notifications  in  accordance  with  Article  48(5)  of  the  VIS  Regulation, 
(which will be published in the Official Journal), as well as the information on Member States 
making  use  of  Article  48(3),  must  be  made  available  to  the  border  guard.  It  is  suggested 
adding  this  information  in  an  annex  to  the  Practical  Handbook  for  Border  Guards 
(C(2006) 5186), which is available on CIRCA in electronic form. 

3 

Quotation marks indicate that the exact wording of the information appearing on the screen is not yet 
known. 

EN 

5 

   EN 

  
                                                 
•  Existing provisions in the area of the proposal 

Regulation of the European Parliament and of the Council (EC) No 562/2006 establishing a 
Community Code on the rules governing the movement of persons across borders (Schengen 
Borders Code). 

Regulation  of  the  European  Parliament  and  the  Council  (EC)  No  xx/2008  Visa  Information 
System  (VIS)  and  the  exchange  of  data  between  Member  States  on  short  stay-visas  (VIS 
Regulation). 

2. 

CONSULTATION  OF 
ASSESSMENT 

•  Consultation of interested parties 

INTERESTED 

PARTIES  AND 

IMPACT 

Member States were consulted (within the Frontiers Working Party of the Council) regarding 
the “VIS and borders” and on the compulsory use of the VIS at the external border. According 
to  their  responses,  the  VIS  should  be  used  at  border  crossing  points  and  biometric  readers 
should be available; this would involve a combined check of the number of the visa sticker 
and fingerprints of the holder of the visa. 

Member States considered the compulsory use of the VIS at the external borders feasible and 
necessary  in  all  situations,  including  taking  advantage  of  both  search  keys  (visa  sticker 
number and fingerprints). However, some expressed doubts whether searches could be carried 
out  in  a  fast  and  reliable  manner,  especially  when  using  portable  devices  (e.g.  in  cars  or 
trains). According to this latter view, the compulsory use of the VIS would only be feasible 
when the technological development would reliably support the use of portable devices, with 
fast data transfer and reliable verification. 

On  the  basis  of  discussions  on  the  VIS  Regulation  with  the  Council  and  the  Parliament,  as 
well as on the basis of the agreed compromise text, the Commission is of the opinion that the 
compromise should be understood to be that the use of the VIS at the external borders should 
be compulsory, and that after the transitional period both search keys should be used. It needs 
to  be  emphasised  that  in  accordance  with  Article  50(5)  of  the  VIS  Regulation,  the 
Commission shall report on the technical progress made regarding the use of fingerprints at 
external borders and the implication on the duration of searches using the number of the visa 
sticker  in  combination  with  verification  of  the  fingerprints  of  the  visa  holder,  including 
whether  the  expected  duration  of  such  a  search  entails  excessive  waiting  time  at  border 
crossing points.  

•  Impact assessment 

The impact assessment carried out for the VIS Regulation is based on the finding that, “the 
inefficiencies  in  combating  visa  shopping,  fraud  and  of  conducting  the  checks  are  causing 
also  inefficiencies  in  relation  to  internal  security  of  the  Member  States.  Criminals  and 
suspected persons could get a visa or have chances to use a falsified visa when entering the 
Schengen area. Concerning persons involved in terrorism or in organised crime in most cases 
they  don’t  travel  in  their  own  identity  but  alter  their  personal  details  to  make  identification 
more difficult”. As regards border checks, the impact assessment comes to the conclusion that 
“very  significant  increases  in  efficiency  of  border  checks  are  anticipated  in  the  VIS  with 
biometrics. The use of biometric data would ensure that the person who is travelling with the 

EN 

6 

   EN 

visa  is  the  same  person  for  whom  the  visa  was  issued,  and  thus  confirm  the  identity  of  the 
traveller”. 

The  prerequisite  of  the  above-mentioned  “very  significant  increases  in  efficiency  of  border 
checks”  is  that  the  VIS  should  be  systematically  used  at  the  first  line  during  border  checks 
carried out at the external borders.  

A systematic consultation of the VIS at the external borders is also a prerequisite in order to 
allow greater flexibility at the time the visa application is submitted. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed actions 

The VIS contains information which is relevant for the checks at the external borders. To that 
end the VIS Regulation must be complemented by adding rules on the use of the VIS at the 
external borders to the Schengen Borders Code.  

•  Legal basis 

Article 62(2)(a) of the Treaty establishing the European Community is the legal basis for this 
Regulation,  as  this  proposal  amends  the  Schengen  Borders  Code,  which  is  based  on  this 
Article and as it will further specify the measures on the crossing of the external borders of 
the Member States and develop standards and procedures to be followed by Member States in 
carrying out checks on persons at such borders. 

•  Subsidiarity principle 

Under  Article  62(2)(a)  of  the  EC  Treaty,  the  Community  has  the  power  to  adopt  measures 
relating to the crossing of the external borders of the Member States. The current Community 
provisions  on  the  crossing  of  the  external  borders  of  the  Member  States,  the  Schengen 
Borders  Code,  needs  to  be  adapted  to  take  into  account  the  setting  up  of  the  VIS,  as  a 
common regime is needed in order to establish harmonised rules on the mandatory use of the 
VIS at the external borders.  

Therefore, the objective of the proposal cannot be sufficiently achieved by the Member States.  

•  Proportionality principle 

Article 5 of the EC Treaty states that action by the Community shall not go beyond what is 
necessary to achieve the objectives of this Treaty. The form chosen for this Community action 
must  enable  the  proposal  to  achieve  its  objective  and  be  implemented  as  effectively  as 
possible.  The  proposed  initiative  –  the  amendment  of  the  Schengen  Borders  Code  – 
constitutes  a  further  development  of  the  Schengen  acquis  in  order  to  ensure  that  common 
rules at external borders are applied in the same way in all the Schengen Member States. The 
proposal therefore complies with the proportionality principle. 

EN 

7 

   EN 

•  Choice of instrument  

Proposed instruments: regulation. 

Other means would not be adequate for the following reason(s). 

The present proposal amends a Regulation. Moreover the use of the VIS at the external border 
at entry should be mandatory for all Member States and therefore only a Regulation can be 
chosen as a legal instrument.  

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community Budget. 

5. 

ADDITIONAL INFORMATION 

•  Participation 

This  proposal  builds  upon  the  Schengen  acquis.  Therefore  the  following  consequences  in 
relation to the various protocols have to be considered: 

Iceland and Norway:  

The  procedures  laid  down  in  the  Association  Agreement  concluded  by  the  Council  and  the 
Republic of Iceland and the Kingdom of Norway concerning the latter's association with the 
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 this Agreement. 

Denmark:  

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 Regulation and is therefore not bound by it 
or subject to its application. Given the fact that the Regulation 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. 

United Kingdom and Ireland:  

In accordance with Articles 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  Ireland,  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 acquis, the United Kingdom and Ireland do not take 
part  in  Regulation  (EC)  No  562/2006  (Schengen  Borders  Code)  and  in  Regulation  (EC) 
No xx/2008 (The VIS Regulation). Therefore, the United Kingdom and Ireland are not taking 
part  in  the  adoption  of  these  Regulations  and  are  not  bound  by  them  or  subject  to  their 
application. 

EN 

8 

   EN 

Switzerland: 

This Regulation 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  on  the  latter's  association  with  the  implementation,  application  and 
development of the Schengen acquis which fall within the area referred to in Article 4(1) of 
the  Council  decision  on  the  signing,  on  behalf  of  the  European  Community,  and  on  the 
provisional application of certain provisions of this Agreement.  

New Member States:  

Since the VIS constitutes an act building upon the Schengen acquis or otherwise related to it 
within the meaning of Article 3(2) of the 2003 Act of Accession and Article 4(2) of the 2005 
Act  of  Accession,  also  this  Regulation  providing  for  the  use  of  the  VIS  at  external  borders 
shall only apply in a new Member State pursuant to a Council decision taken in accordance 
with this provision. 

•  Detailed explanation of the proposal by Articles 

Article 1 

Article 1 lays down the use of the VIS for 1) entry checks, 2) exit checks and 3) identification 
purposes. 

The  first  paragraph  provides  for  the  compulsory  consultation  of  the  VIS  for  verification 
purposes at entry, if the third country national holds a visa referred to in Article 5(1)(b) of the 
Schengen Borders Code.  

The  second  and  the  third  paragraphs  determine  the  optional  use  of  the  VIS;  for  verification 
during exit checks and for identification during entry and exit checks. Those verifications and 
identifications should be done when appropriate and applicable in accordance with Articles 18 
and 20 of the VIS Regulation, and especially when doubts arise whether visa is a genuine or 
valid. 

Article 2 

Article 2 lays down the rules when consultations of the VIS should be started at the external 
borders. 

EN 

9 

   EN 

2008/0041 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

of […] 

amending Regulation (EC) No 562/2006 as regards the use of the Visa Information 
System (VIS) under the Schengen Borders Code 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 62(2)(a) thereof, 

Having regard to the proposal from the Commission1, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty, 

Whereas: 

(1) 

(2) 

(3) 

Regulation  (EC)  No  562/2006  of  the  European  Parliament  and  of  the  Council  of 
15 March 2006 establishing a Community Code on the rules governing the movement 
of persons across borders (Schengen Borders Code)2 lays down the conditions, criteria 
and detailed  rules governing checks at  border  crossing points  and surveillance at the 
border, including checks in the Schengen Information System. 

Regulation (EC) No xx/2008 [of the European Parliament and the Council of (date) on 
the Visa Information System (VIS) and the exchange of data between Member States 
on  short  stay-visas  (VIS  Regulation)]3  aims  at  improving  the  implementation  of  the 
common visa policy. It also provides that the purposes of the VIS include facilitating 
both checks at external border crossing points and the fight against fraud. 

Regulation  (EC)  No  xx/2008  [VIS  Regulation]  lays  down  search  criteria  and 
conditions  for  the  access  of  competent  authorities,  for  the  purpose  of  carrying  out 
checks  at  external  border  crossing  points,  to  data  for  verifying  the  identity  of  visa 
holders, the authenticity of the visa and whether the entry conditions are fulfilled, and 
for identifying any person who may not fulfil, or who no longer fulfils, the conditions 
for entry, stay or residence on the territory of the Member States.  

(4) 

Since only a biometric check can confirm with certainty that a person wishing to enter 
the Schengen area is the person to whom the visa has been issued, provision should be 
made for the use of the VIS at external borders. 

1 
2 
3 

OJ C […], […], p. […]. 
OJ L 105, 13.4.2006, p. 1. 
OJ […], […], p. […]. 

EN 

10 

   EN 

                                                
 
(5) 

(6) 

(7) 

In  order  to  verify  whether  the  entry  conditions  laid  down  in  Article 5  of 
Regulation (EC)  No  562/2006  are  fulfilled  and  to  manage  their  tasks  successfully, 
border  guards  should  use  all  necessary  information  available,  including  data  which 
may be consulted in the VIS.  

In  order  to  prevent  circumvention  of  border  crossing  points  where  the  VIS  may  be 
used and to guarantee its full effectiveness, there is a particular need to use the VIS in 
a harmonised way when entry checks are carried out at the external borders.  

Since, in cases of repeated visa applications within a time-frame of [48] months, it is 
appropriate for biometric data to be re-used and copied from the first visa application 
in  the  VIS,  use  of  the  VIS  for  entry  checks  at  the  external  borders  should  be 
compulsory. 

(8) 

Regulation (EC) No 562/2006 should therefore be amended accordingly. 

(9) 

Since  the  objectives  of  the  proposed  action,  namely  the  establishment  of  the  rules 
applicable  on  the  use  of  the  VIS  at  the  external  borders,  cannot  be  sufficiently 
achieved  by  the  Member  States  and  can  therefore  be  better  achieved  at  Community 
level,  the  Community  may  adopt  measures,  in  accordance  with  principle  of 
subsidiarity  as  set  out  in  Article  5  of  the  Treaty.  In  accordance  with  principle  of 
proportionality, as set out in that Article, this Regulation does not go beyond what is 
necessary in order to achieve those objectives. 

(10)  This Regulation respects the fundamental rights and observes the principles recognised 
by  Article  6(2)  of  the  Treaty  on  European  Union  and  reflected  in  the  European 
Convention for the Protection of Human Rights and Fundamental Freedoms as well as 
in the Charter of Fundamental Rights of the European Union. 

(11)  As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of  the 
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  latters'  association  with  the  implementation,  application  and 
development  of  the  Schengen  acquis4,  which  fall  within  the  area  referred  to  in 
Article 1, point A, of Council Decision 1999/437/EC5 on certain arrangements for the 
application of that Agreement. 

(12)  As regards Switzerland, this Regulation constitutes a development of provisions of the 
Schengen acquis within the meaning of the Agreement signed between 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 A, of Decision 1999/437/EC read in conjunction with Article 4(1) of 
Council Decisions 2004/849/EC6 and 2004/860/EC7.  

4 
5 
6 
7 

OJ L 176, 10.7.1999, p. 36. 
OJ L 176, 10.7.1999, p. 31. 
OJ L 368, 15.12.2004, p. 26. 
OJ L 370, 17.12.2004, p. 78. 

EN 

11 

   EN 

                                                
 
(13) 

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

(14)  This  Regulation  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 acquis8. The United Kingdom is therefore not taking part in its adoption and 
is not bound by it or subject to its application. 

(15)  This  Regulation  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  acquis9.  Ireland  is  therefore  not  taking  part  in  its  adoption  and  is  not 
bound by it or subject to its application. 

(16)  This  Regulation  constitutes  an  act  building  upon  the  Schengen  acquis  or  otherwise 
related  to  it  within  the  meaning  of  Article  3(2)  of  the  2003  Act  of  Accession  and 
Article 4(2) of the 2005 Act of Accession, 

8 
9 

OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 

EN 

12 

   EN 

                                                
 
HAVE ADOPTED THIS REGULATION: 

Article 1 
Amendment 

In Regulation (EC) No 562/2006, Article 7(3) is amended as follows: 

(1) 

the following point (aa) is inserted: 

“(aa)  if  the  third  country  national  holds  a  visa  referred  to  in  Article  5(1)(b),  the 
thorough checks on entry shall also comprise verification of the identity of the 
holder  of  the  visa  and  of  the  authenticity  of  the  visa,  by  consulting  the  Visa 
Information  System  (VIS)  in  accordance  with  Article  18  of  Regulation  (EC) 
No xx/2008 of the European Parliament and of the Council(*); 

_______________________ 
(*) 

OJ […], […], p. […].” 

(2) 

the following sentence is added at the end of point (c)(i): 

“such  verification  may  comprise  consultation  of  the  VIS  in  accordance  with 
Article 18 of Regulation (EC) No xx/2008;” 

(3) 

the following point (d) is added: 

“(d)  for the purpose of identification of any person who may not fulfil, or who may 
no  longer  fulfil,  the  conditions  for  entry,  stay  or  residence  on  the  territory  of 
the Member States the VIS may be consulted in accordance with Article 20 of 
Regulation (EC) No xx/2008.” 

Article 2 
Entry into force 

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

It shall apply from [DD/MM/YY – to be the twentieth day following the date referred to in 
Article 48(1) of Regulation (EC) No xx/2008].  

This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaty establishing the European Community.  

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

13 

   EN