Proposal for a Council Decision conferring upon the Agency established by Regulation XX tasks regarding the operational management of SIS II and VIS in application of Title VI of the EU Treaty {COM(2009) 292 final} {COM(2009) 293 final}
Date: 2009-06-24
Institutions: European Commission
Subjects: EU visa policy, Schengen Information System, biometrics, border control, disclosure of information, information processing, information system, internal border of the EU

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.6.2009 
COM(2009) 294 final 

2009/0090 (CNS) 

Proposal for a 

COUNCIL DECISION 

conferring upon the Agency established by Regulation XX tasks regarding the 
operational management of SIS II and VIS in application of Title VI of the EU Treaty  

{COM(2009) 292 final} 
{COM(2009) 293 final}

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Grounds for and objectives of the proposal 

The objective of this proposal for a Council Decision is to confer upon the Agency established 
by Regulation XX Management Authority tasks regarding the operational management of the 
second-generation  Schengen  Information  System  (SIS  II)  and  the  Visa  Information  System 
(VIS) in application of Title VI of the EU Treaty.  

This  proposal  for  a  Council  Decision,  together  with  Regulation  XX  of  the  European 
Parliament  and  of  the  Council  establishing  the  Agency  for  the  operational  management  of 
large-scale  IT  systems  in  the  area  of  freedom,  security  and  justice  constitute  a  legislative 
package. 

In  accordance  with  Council  Decision  2007/533/JHA  of  12  June  2007  on  the  establishment, 
operation  and  use  of  the  second-generation  Schengen  Information  System  (SIS  II)1,  the 
Commission is entrusted with the operational management of Central SIS II and parts of the 
communication infrastructure during the transitional period. According to Regulation (EC) No 
767/2008  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  (VIS 
Regulation),  the  Commission  is  entrusted  with  the  operational  management  of  Central  VIS, 
the  national  interfaces  and  parts  of  the  communication  infrastructure  during  a  transitional 
period.  

In order to identify the best solution for the long-term operational management of SIS II, VIS 
and  also  EURODAC,  the  Commission  has  conducted  an  Impact  Assessment.2  In  joint 
statements accompanying the SIS II and VIS legal instruments3, the Council and the European 
Parliament invited the Commission to present, following an Impact Assessment containing a 
substantive  analysis  of  alternatives,  from  the  financial,  operational  and  organisational 

1 
2 

3 

OJ L 205, 7.8.2007, p. 63. 
Commission  Staff  Working  Document,  Accompanying  document  to  the  Proposal  for  a  Regulation  of 
the European Parliament and of the Council establishing an Agency for the operational management of 
large-scale IT systems in the area of freedom, security and justice and Proposal for a Council Decision 
conferring upon the Agency established by Regulation XX tasks regarding the operational management 
of SIS II and VIS in application of Title VI of the EU Treaty, COM (2009) XX final 
Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on 
the establishment, operation and use of the Second Generation Schengen Information System (SIS II), 
OJ L 381, 28.12.2006, p. 4; 

Regulation (EC) No 1986/2006 of the European Parliament and of the Council of 20 December 2006 regarding 
the  access  to  the  Second  Generation  Schengen  Information  System  (SIS  II)  by  the  services  in  the 
Member States responsible for issuing vehicle registration certificates, OJ L 381, 28.12.2006, p. 1.;  

Council  Decision  2007/533/JHA  of  12  June  2007  on  the  establishment,  operation  and  use  of  the  second 

generation Schengen Information System (SIS II), OJ L 205, 7.8.2007, p. 63;  

Regulation (EC) No 767/2008 of the European Parliament and the Council of 9 July 2008 concerning the Visa 
Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS 
Regulation), OJ L 218, 13.8.2008, p. 60;  

Council  Decision  2008/633/JHA  of  23  June  2008  concerning  access  for  consultation  of  the  Visa  Information 
System  (VIS)  by  designated  authorities  of  Member  States  and  by  Europol  for  the  purposes  of  the 
prevention, detection and investigation of terrorist offences and of other serious criminal offences, OJ L 
218, 13.8.2008, p. 129. 

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perspective,  the  necessary  legislative  proposals  entrusting  an  agency  with  the  long  term 
operational  management  of  SIS  II  and  VIS.  After  the  analysis  of  different  options,  a  new 
Regulatory Agency was found to be the most feasible alternative for carrying out the tasks of 
a "Management Authority" for these systems in the long term. 

SIS  II  is  a  first  pillar  instrument  established  on  the  basis  of  Title  IV  of  the  EC  Treaty.  In 
addition,  Council  Decision  2007/533/JHA  was  adopted  on  the  basis  of  Title  VI  of  the  EU 
Treaty.  This  Decision  contains  a  reference  to  the  Management  Authority  in  the  context  of 
operational  management  and  evaluation.  A  third  pillar  legal  instrument  for  the  Agency  to 
cover these tasks is therefore necessary. 

The VIS is a first pillar instrument established on the basis of Title IV of the EC Treaty. In 
addition,  Council  Decision  2008/633/JHA  concerning  access  for  consultation  of  the  VIS  by 
designated authorities of Member States and by Europol for the purposes of the prevention, 
detection  and  investigation  of  terrorist  offences  and  of  other  serious  criminal  offences  was 
adopted  on  the  basis  of  Title  VI  of  the  EU  Treaty.  This  Decision  entrusts  the  Management 
Authority  referred  to  in  the  VIS  Regulation  with  certain  tasks  as  regards  monitoring  and 
evaluation.  A  third  pillar  legal  instrument  is  therefore  necessary,  in  order  to  confer  to  the 
Agency the tasks according to Council Decision 2008/633/JHA. 

1.2. 

General context 

Article 61 of the Treaty establishing the European Community (referred to hereinafter as "EC 
Treaty") requires the adoption of measures aimed at ensuring the free movement of persons, 
in accordance with Article 14 of the EC Treaty, in conjunction with directly related flanking 
measures  with  respect  to  external  border  controls,  asylum  and  immigration  as  well  as 
measures to prevent and combat crime. 

In this context, on the basis of the Schengen Convention4 the Schengen Information System 
(SIS)  was  established  to  reinforce  cooperation  between  customs  and  police  authorities  in 
order to maintain public policy and public security including national security. It constitutes 
an instrument designed to compensate for the abolition of internal border controls between the 
participating  countries  by  reinforcing  security  at  the  Union's  external  borders.  The  second-
generation Schengen Information System (SIS II) will replace the first generation of SIS that 
began operating in 1995.  

The Visa Information System (VIS) was established as a system for the exchange of visa data 
between Member States. As laid down in the VIS Regulation, VIS will enable consulates and 
other  competent  authorities  of  the  Member  States  to  exchange  visa  information  for  the 
purposes  of  assisting  in  the  identification  of  third  country  nationals,  facilitating  the  visa 
application  procedure,  preventing  'visa  shopping',  facilitating  the  fight  against  fraud, 
facilitating  checks  at  external  border  crossing  points  and  within  the  Member  States, 
facilitating  the  application  of  the  Dublin  Regulation,  and  contributing  to  the  prevention  of 
threats to the internal security of any of the Member States. The national systems which will 
be connected to VIS will be developed and/or adapted and operated by each Member State.  

4 

Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the 
States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on 
the gradual abolition of checks at their common borders, OJ L 239, 22.9.2000, p. 19.  

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Council  Decision  2008/633/JHA  complements  the  VIS  Regulation  as  regards  access  for 
consultation  of  VIS  by  designated  authorities  of  Member  States  and  by  Europol  for  the 
purposes  of  the  prevention,  detection  and  investigation  of  terrorist  offences  and  of  other 
serious criminal offences. 

1.3. 

Existing provisions in the area covered by the proposal 

•  Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development 

of the second-generation Schengen Information System (SIS II)5; 

•  Council Decision 2001/886/JHA of 6 December 2001 on the development of the 

second-generation Schengen Information System (SIS II)6; 

•  Regulation (EC) No 1987/2006 of the European Parliament and the Council of 20 
December 2006 on the establishment, operation and use of the second-generation 
Schengen Information System (SIS II)7;  

•  Regulation (EC) No 1986/2006 of the European Parliament and of the Council of 
20  December  2006  regarding  the  access  to  the  second-generation  Schengen 
Information System (SIS II) by the services in the Member States responsible for 
issuing vehicle registration certificates8; 

•  Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation 

and use of the second-generation Schengen Information System (SIS II)9; 

•  Commission Decisions 2007/170/EC and 2007/171/EC of 16 March 2007 laying 

down the network requirements for the Schengen Information System II10; 

•  Council  Regulation  (EC)  No 189/2008  of  18  February  2008  on  the  tests  of  the 

second-generation Schengen Information System (SIS II)11; 

•  Council  Decision  2008/173/EC  of  18  February  2008  on  the  tests  of  the  second-

generation Schengen Information System (SIS II)12; 

•  Commission  Decisions  2008/333/EC  and  334/2008/JHA  of  4  March  2008 
adopting  the  SIRENE  Manual  and  other  implementing  measures  for  the  second-
generation Schengen Information System (SIS II)13; 

•  Council  Regulation  (EC)  No  1104/2008  of  24  October  2008  on  migration  from 
the  Schengen  Information  System  (SIS  1+)  to  the  second-generation  Schengen 
Information System (SIS II)14; 

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14 

OJ L 328, 13.12.2001, p. 4.  
OJ L 328, 13.12.2001, p. 1.  
OJ L 381, 28.12.2006, p. 4. 
OJ L 381, 28.12.2006, p. 1. 
OJ L 205, 7.8.2007, p. 63.  
OJ L 79, 20.3.2007, p. 20. 
OJ L 57, 1.3.2008, p. 1. 
OJ L 57, 1.3.2008, p. 14. 
OJ L 123, 8.5.2008, p. 1. 
OJ L 299, 8.11.2008, p. 1. 

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•  Council  Decision  2008/839/JHA  of  24  October  2008  on  migration  from  the 
Schengen  Information  System  (SIS  1+)  to  the  second-generation  Schengen 
Information System (SIS II)15;  

•  Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information 

System (VIS)16;  

•  Commission Decision 2006/752/EC of 3 November 2006 establishing the sites for 

the Visa Information System during the development phase17; 

•  Commission  Decision  2006/648/EC  of  22  September  2006  laying  down  the 
technical  specifications  on  the  standards  for  biometric  features  related  to  the 
development of the Visa Information System18; 

•  Commission  Decision  2008/602/EC  of  17  June  2008  laying  down  the  physical 
architecture and requirements of the national interfaces and of the communication 
infrastructure  between  the  central  VIS  and  the  national  interfaces  for  the 
development phase;19  

•  Regulation  (EC)  No  767/2008  of  the  European  Parliament  and  the  Council  of  9 
July  2008  concerning  the  Visa  Information  System  (VIS)  and  the  exchange  of 
data between Member States on short-stay visas (VIS Regulation)20; 

•  Council  Decision  2008/633/JHA  of  23  June  2008  concerning  access  for 
consultation  of  the  Visa  Information  System  (VIS)  by  designated  authorities  of 
Member States and by Europol for the purposes of the prevention, detection and 
investigation of terrorist offences and of other serious criminal offences.21 

1.4. 

Consistency with other policies and objectives of the Union 

The  proposal  is  consistent  with  existing  policies  and  objectives  of  the  European  Union,  in 
particular the objective to create an area of freedom, security and justice.  

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

2.1. 

Collection and use of expertise, consultation of interested parties 

The  Impact  Assessment  report  is  based  on  a  preparatory  study,  carried  out  by  an  external 
contractor.22  Twenty-seven  interviews  were  conducted  in  the  framework  of  the  study, 
involving representatives from the EU Member States, Norway, the European Parliament, the 

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OJ L 299, 8.11.2008, p. 43. 
OJ L 213, 15.6.2004, p. 5. 
OJ L 305, 4.11.2006, p. 13. 
OJ L 267, 27.9.2006, p. 41. 
OJ L 194, 23.7.2008, p. 3. 
OJ L 218, 13.8.2008, p. 60. 
OJ L 218, 13.8.2008, p. 129. 
Assessment of options for the long-term management of the second- generation Schengen Information 
System (SIS II), the Visa Information System (VIS) and EURODAC and other large-scale IT systems 
in the area of Justice, Freedom and Security, Final report, 15 October 2007, RAND Europe 

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Commission,  the  European  Data  Protection  Supervisor,  the  Schengen  Joint  Supervisory 
Authority,  the  European  Environmental  Agency,  the  European  Agency  for  the  Management 
of  Operational  Cooperation  at  the  External  Borders  (FRONTEX),  Europol,  the  Strasbourg 
C.SIS  site  responsible  for  the  operational  management  of  SIS  1+  and  industry  experts. 
Furthermore,  an  Inter-Service  Steering  Group,  composed  of  the  relevant  Commission 
Directorates General was set up to support the impact assessment process. 

2.2. 

Impact assessment 

Following a pre-screening process, five possible options to achieve the objective of long-term 
operational management of SIS II, VIS and EURODAC were retained and further analysed.  

– 

– 

– 

– 

– 

Option  1  -  baseline:  the  operational  management  solution  for  SIS  II  and  VIS 
identified  for  the  transitional  period  (the  Commission  entrusting  the  operational 
management tasks to Member States' authorities) would be continued as a permanent 
solution.  Currently,  the  Commission  manages  EURODAC  and  this  solution  would 
also be maintained.  

Option  2  -  Baseline+  under  which  the  Commission  would  entrust  the  operational 
management  tasks  related  to  SIS  II,  VIS  and  EURODAC  to  Member  States' 
authorities.  

Option 3 - a new Regulatory Agency that would assume responsibility for the long-
term operational management of SIS II, VIS and EURODAC.  

Option 4 - FRONTEX would manage the three systems, which would entail changes 
to both its basic act and its operational management structure.  

Option  5  -  EUROPOL  would  manage  SIS  II,  whereas  the  Commission  would 
manage VIS and EURODAC. This option was considered while negotiations on the 
conversion  of  the  current  Europol  Convention  into  a  Community  act  were  still 
ongoing.  

As  a  result  of  a  comparative  analysis,  the  new  Regulatory  Agency  option,  which  aims  to 
create a joint management structure for SIS II, VIS and EURODAC scored highest. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

This  proposal  for  a  Council  Decision  aims  to  confer  upon  the  Agency  established  by 
Regulation  XX  tasks  related  to  the  operational  management  of  the  second-generation 
Schengen Information System (SIS II) and the Visa Information System (VIS) in application 
of Title VI of the EU Treaty.  

Entrusting an Agency with the operational management of large-scale IT systems in the area 
of  freedom,  security  and  justice  does  not  affect  the  specific  rules  governing  the  purpose, 
access rights, security measures and further data protection requirements applicable to those 
systems. 

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3.2. 

Legal basis 

As far as SIS II is concerned, the legal basis for this proposal for a Council Decision follows 
the legal basis of Council Decision 2007/533/JHA and is thus founded on Article 30(1)(a) and 
Article 34(2)(c) of the EU Treaty. As far as VIS is concerned, the legal basis for this proposal 
follows  the  legal  basis  of  Council  Decision  2008/633/JHA  and  is,  thus,  founded  on  Article 
30(1)(b) and Article 34(2)(c) of the EU Treaty. Since the monitoring and evaluation tasks of 
the Management Authority, as laid down in Article 17 of Council Decision 2008/633/JHA are 
inextricably connected to its core subject, the exchange of information, the same legal basis 
applies.  

3.3. 

Variable geometry 

This  proposal  for  a  Council  Decision  has  its  legal  basis  in  Title  VI  of  the  EU  Treaty  and 
constitutes a development of the Schengen acquis. The following consequences in relation to 
the various protocols and association agreements have to be considered. 

United Kingdom and Ireland: 

To the extent that it applies to VIS, this proposal constitutes a development of provisions of 
the Schengen acquis in which the United Kingdom and Ireland do not take part, in accordance 
with  Council  Decision  2000/365/EC  of  29  May  2000  concerning  the  request  of  the  United 
Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the 
Schengen  acquis  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 are therefore not taking part in its adoption and are not bound by it or 
subject to its  application to the extent that its measures develop provisions of the Schengen 
acquis insofar as they relate to VIS.  

However, the United Kingdom and Ireland would be taking part in this Decision insofar as its 
provisions  relate  to  SIS  II,  in  accordance  with  Council  Decision  2000/365/EC  of  29  May 
2000, concerning the request of the United Kingdom of Great Britain and Northern Ireland to 
take  part  in  some  of  the  provisions  of  the  Schengen  acquis  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.  

Norway and Iceland:  

As regards Norway and Iceland, this proposal constitutes a development of provisions of the 
Schengen  acquis  within  the  meaning  of  the  Agreement  concluded  by  the  Council  of  the 
European  Union  and  the  Republic  of  Iceland  and  the  Kingdom  of  Norway  concerning  the 
association of those two States with the implementation, application and development of the 
Schengen acquis 23. 

Switzerland: 

As regards Switzerland, this proposal constitutes a development of provisions of the Schengen 
acquis within the meaning of the Agreement concluded 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 acquis24. 

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OJ L 176, 10.7.1999, p. 36. 
OJ L 53, 27.2.2008, p. 52. 

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Liechtenstein: 

As  regards  Liechtenstein,  this  proposal  constitutes  a  development  of  provisions  of  the 
Schengen  acquis  within  the  meaning  of  the  Protocol  between  the  European  Union,  the 
European  Community,  the  Swiss  Confederation  and  the  Principality  of  Liechtenstein  on  the 
accession of the Principality of Liechtenstein to the Agreement between the European Union, 
the  European  Community  and  the  Swiss  Confederation  on  the  Swiss  Confederation's 
association with the implementation, application and development of the Schengen acquis25. 

3.4. 

Subsidiarity principle  

The proposal respects the principle of subsidiarity in that the objective of the proposed action, 
the  conferring  of  the  operational  management  of  Central  SIS  II,  of  Central  VIS  and  the 
national  interfaces  as  well  as  parts  of  the  communication  infrastructure  upon  an  Agency, 
cannot be achieved by the Member States individually.  

3.5. 

Proportionality principle 

This proposal does not go beyond what is necessary to achieve its objective. It complies with 
the proportionality principle in that the Agency's activities are kept to the minimum necessary 
for the fulfilment of the tasks set for the Management Authority. The Management Authority's 
activities,  including  the  tasks  concerned  by  this  proposal,  are  limited  to  the  operational 
management of the Central SIS II and Central VIS and the national interfaces as well as parts 
of the communication infrastructure, whereas Member States are competent for their national 
systems. 

3.6. 

Choice of instruments 

A Council Decision based on Article 30(1)(a) and (b) and Article 34(2)(c) of the EU Treaty is 
the most appropriate instrument for the proposed action. The use of a Decision as the act is 
warranted by the need to apply common rules. 

4. 

BUDGETARY IMPLICATION 

The  Agency  will  be  funded  by  the  general  budget  of  the  European  Union.  A  common 
financial statement has been annexed to Regulation XX. 

5. 

ADDITIONAL INFORMATION 

5.1. 

Simplification 

The  proposal  provides  for  simplification  of  legislation  by  establishing  a  single  management 
structure for several IT-systems in the area of freedom, security and justice. 

5.2. 

Evaluation  

Regulation  XX 

lays 

down 

the 

evaluation  mechanisms 

for 

the  Agency.

25 

Council document 16462/06, accessible on http://register.consilium.europa.eu 

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2009/0090 (CNS) 

Proposal for a 

COUNCIL DECISION 

conferring upon the Agency established by Regulation XX tasks regarding the 
operational management of SIS II and VIS in application of Title VI of the EU Treaty  

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission26, 

Having regard to the opinion of the European Parliament27, 

Whereas: 

(1) 

(2) 

The  second-generation  Schengen  Information  System  (SIS  II)  was  established  by 
Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 
December  2006  on  the  establishment,  operation  and  use  of  the  second-generation 
Schengen Information System (SIS II)28 and by Council Decision 2007/533/JHA of 12 
June 2007 on the establishment, operation and use of the second-generation Schengen 
Information System (SIS II)29. In accordance with Regulation (EC) No 1987/2006 and 
Council  Decision  2007/533/JHA  the  Commission  is  to  be  responsible  during  a 
transitional  period  for  the  operational  management  of  Central  SIS  II.  After  that 
transitional  period,  a  Management  Authority  is  to  be  responsible  for  the  operational 
management of Central SIS II and certain aspects of the communication infrastructure. 

The  Visa  Information  System  (VIS)  was  established  by  Council  Decision 
2004/512/EC  of  8  June  2004  establishing  the  Visa  Information  System  (VIS).  In 
accordance with Regulation (EC) No 767/2008 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 (VIS Regulation) the Commission is to be 
responsible during a transitional period for the operational management of VIS. After 
that  transitional  period  a  Management  Authority  is  to  be  responsible  for  the 
operational management of the Central VIS, the national interfaces and certain aspects 
of the communication infrastructure. 

(3) 

Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation 
of the Visa Information System (VIS) by designated authorities of Member States and 

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27 
28 
29 

OJ … 
OJ … 
OJ L 381, 28. 12. 2006, p. 4.  
OJ L 205, 7. 8. 2007, p. 63.  

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(4) 

(5) 

(6) 

(7) 

(8) 

by Europol for the purposes of the prevention, detection and investigation of terrorist 
offences and of other serious criminal offences30 entrusted the Management Authority 
with certain tasks related to the monitoring and evaluation of the VIS. 

An  Agency  has  been  set  up  by  a  Regulation  of  the  European  Parliament  and  of  the 
Council  (EC)  XX  establishing  an  Agency  for  the  operational  management  of  large-
scale  IT  systems  in  the  area  of  freedom,  security  and  justice31.  Regulation  (EC)  XX 
conferred upon the Management Authority the tasks provided for by Regulation (EC) 
No 1987/2006 and Regulation (EC) No 767/2008. By this Decision the Agency should 
be  made  responsible  for  tasks  conferred  upon  it  by  Decisions  2007/533/JHA  and 
2008/633/JHA. 

As regards SIS II, the European Police Office (Europol) and Eurojust, both having the 
right to access and search directly data entered into SIS II in application of Decision 
2007/533/JHA, should have observer status at the meetings of the Management Board 
when  a  question  in  relation  to  the  application  of  Decision  2007/533/JHA  is  on  the 
agenda.  Europol  and  Eurojust  should  each  be  able  to  appoint  a  representative  to  the 
SIS II Advisory Group established under Article 16(1)(a) of Regulation XX. 

As  regards  VIS,  Europol  should  be  granted  observer  status  at  the  meetings  of  the 
Management  Board,  when  a  question  in  relation  to  the  application  of  Decision 
2008/633/JHA, is on the agenda. Europol should be able to appoint a representative to 
the VIS Advisory Group established under Article 16(1)(b) of Regulation XX. 

This Decision respects the fundamental rights and observes the principles recognised 
by  Article  6(2)  of  the  Treaty  on  European  Union  and  reflected  in  the  Charter  of 
Fundamental Rights of the European Union. 

To  the  extent  that  it  applies  to  VIS,  this  Decision  constitutes  a  development  of 
provisions of the Schengen acquis in which the United Kingdom does not take part, in 
accordance  with  Council  Decision  2000/365/EC  of  29  May  2000  concerning  the 
request  of  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  to  take  part  in 
some of the provisions of the Schengen acquis32. The United Kingdom is therefore not 
taking  part  in  its  adoption  and  is  not  bound  by  it  or  subject  to  its  application  to  the 
extent  that  its  measures  develop  provisions  of  the  Schengen  acquis  insofar  as  they 
relate to VIS. However, the United Kingdom is taking part in this Decision insofar as 
its  provisions  relate  to  SIS  II,  in  accordance  with  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 
acquis. 

(9) 

To  the  extent  that  it  applies  to  VIS,  this  Decision  constitutes  a  development  of 
provisions of the Schengen acquis in which Ireland does not take part, in accordance 
with  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  acquis33. 
Ireland is therefore not taking part in its adoption and is not bound by it or subject to 

30 
31 
32 
33 

OJ L 218, 13.8.2008, p. 129. 
OJ … 
OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 

EN 

10 

   EN 

                                                 
its  application  to  the  extent  that  its  measures  develop  provisions  of  the  Schengen 
acquis insofar as they relate to VIS. However, Ireland is taking part in this Decision 
insofar  as  its  provisions  relate  to  SIS  II,  in  accordance  with  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 acquis. 

(10)  This Decision is without prejudice to the arrangements for the United Kingdom's and 
Ireland's  partial  participation  in  the  Schengen  acquis  as  defined  by  the  Council 
Decision  2000/365/EC  of  29  May  200034  and  Council  Decision  2002/192/EC  of  28 
February 200235 respectively. 

(11)  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  latter's  association  with  the  implementation,  application  and 
development  of  the  Schengen  acquis36,  which  falls,  insofar  as  SIS  II  is  concerned, 
within  the  area  referred  to  in  Article  1,  point  G,  and,  insofar  as  VIS  is  concerned, 
within the area referred to in Article 1, point B of Council Decision 1999/437/EC of 
17 May 199937 on certain arrangements for the application of that Agreement. 

(12)  As  regards Switzerland, this Decision constitutes a development of provisions of the 
Schengen acquis within the meaning of the Agreement between the European Union, 
the European Community and the Swiss Confederation on the Swiss Confederation's 
association  with  the  implementation,  application  and  development  of  the  Schengen 
acquis38,  which  falls,  insofar  as  SIS  II  is  concerned,  within  the  area  referred  to  in 
Article  1,  point  G,  and,  insofar  as  VIS  is  concerned,  within  the  area  referred  to  in 
Article 1, point B of Council Decision 1999/437/EC read in conjunction with Article 3 
of Council Decision 2008/149/JHA39 on the conclusion of that Agreement on behalf of 
the European Union. 

(13)  As regards Liechtenstein, this Decision constitutes a development of provisions of the 
Schengen  acquis  within  the  meaning  of  the  Protocol  signed  between  the  European 
Union,  the  European  Community,  the  Swiss  Confederation  and  the  Principality  of 
Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement 
between the European Union, the European Community and the Swiss Confederation 
on  the  Swiss  Confederation’s  association  with  the  implementation,  application  and 
development  of  the  Schengen  acquis,  which  falls,  insofar  as  SIS  II  is  concerned, 
within  the  area  referred  to  in  Article  1,  point  G,  and,  insofar  as  VIS  is  concerned, 
within the area referred to in Article 1, point B of Council Decision 1999/437/EC read 
in conjunction with Article 3 of Council Decision 2008/262/EC.40 

34 
35 
36 
37 
38
39 
40 

OJ L 131, 01.6.2000, p. 43. 
OJ L 64, 07.3.2002, p. 20. 
OJ L 176, 10.7.1999, p. 36. 
OJ L 176, 10.7.1999, p. 31. 
OJ L 53, 27.2.2008, p. 52. 
OJ L 53, 27.2.2008, p 50. 
OJ L 83, 26.3.2008, p. 5. 

EN 

11 

   EN 

                                                 
 
HAS DECIDED AS FOLLOWS: 

Article 1 

Subject matter 

This Decision confers upon the Agency established by Regulation XX the tasks entrusted to 
the  Management  Authority  by  Council  Decision  2007/533/JHA  and  Council  Decision 
2008/633/JHA.  

Article 2 

Composition of the Management Board and Advisory Groups 

1. 

2. 

3. 

4. 

Europol  and  Eurojust  shall  be  granted  observer  status  at  the  meetings  of  the 
Management Board of the Agency, when a question concerning SIS II, in relation to 
the application of Decision 2007/533/JHA, is on the agenda.  

Europol  and  Eurojust  may  each  appoint  a  representative  to  the  SIS  II  Advisory 
Group established under Article 16(1)(a) of Regulation XX. 

Europol shall be granted observer status at the meetings of the Management Board, 
when a question concerning VIS, in relation to the application of Council Decision 
2008/633/JHA, is on the agenda.  

Europol may appoint a representative to the VIS Advisory Group established under 
Article 16(1)(b) of Regulation XX. 

Article 3 

Entry into force and applicability 

This  Decision  shall  enter  into  force  on  the  20th  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

EN 

12 

   EN