REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the state of play of preparations for the full implementation of the VIS Regulation in accordance with Article 11(3) of Regulation (EU) 2021/1134
Date: 2023-02-09
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU migration policy, EU visa policy, Schengen Agreement, data protection, exchange of information, external border of the EU, foreign national, information system, personal data, residence permit

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 9.2.2023  COM(2023) 66 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the state of play of preparations for the full implementation of the VIS Regulation in accordance with Article 11(3) of Regulation (EU) 2021/1134     
 
 
Executive summary 

Regulation  (EU)  2021/11341,  amending  inter  alia  Regulation  (EC)  No  767/2008  of  the 
European  Parliament  and  of  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)2,  requires  the  Commission  to  submit  an  annual  report  to  the  European 
Parliament and to the Council on the state of play of preparations for the full implementation 
of the Regulation. This is the Commission’s first report. 

The implementation of the new IT architecture in the area of migration, borders and security 
is the cornerstone of establishing one of the most modern border management systems in the 
world. The Visa  Information System  is  an integral  part of this architecture.  To achieve full 
and  timely  implementation,  EU  Member  States  and  Schengen  associated  countries,  EU 
agencies and the Commission  have to  advance together.  A delay  by one will bring delays 
for everyone and is also likely to increase costs. 

Overall, the preparation of the implementation of the revised VIS is on track. Following the 
adoption of the amending Regulation on 7 July 2021, the Commission immediately started to 
discuss in the relevant committee and expert group a series of implementing and delegated 
acts necessary for the development  of the new  VIS components.  Currently, work on  all 12 
implementing  and  delegated  acts  has  commenced,  and  they  are  at  various  stages  in  the 
adoption procedure. Six implementing acts and three delegated acts are being discussed in the 
relevant  committee  and  expert  group,  while  three  implementing  acts  are  already  formally 
adopted.  

1 Regulation (EU) 2021/1134 of the European Parliament and of the Council of 7 July 2021 amending 
Regulations (EC) No 767/2008, (EC) No 810/2009, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 
2018/1860, (EU) 2018/1861, (EU) 2019/817 and (EU) 2019/1896 of the European Parliament and of the 
Council and repealing Council Decisions 2004/512/EC and 2008/633/JHA, for the purpose of reforming the 
Visa Information System (OJ L 248, 13.7.2021, p. 11–87) 
2 Regulation (EC) No 767/2008 of the European Parliament and of 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) 

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1.  Introduction 

The  VIS  was  established  by  Council  Decision  2004/512/EC3  to  serve  as  the  technological 
solution for exchanging visa data between Member States. Regulation (EC) No 767/2008 of 
the  European  Parliament  and  of  the  Council  (VIS  Regulation)4  laid  down  the  purpose, 
functionalities and responsibilities for the VIS, as  well as the conditions and procedures for 
the exchange of short-stay visa data between Member States to facilitate the examination of 
applications  for  short-stay  visas  and  related  decisions.  The  VIS  started  operating  on  11 
October 2011 and was gradually rolled out in all Member States’ consulates between October 
2011 and February 2016.  

The  objectives  of  the  VIS  are  to  improve  the  implementation  of  the  common  visa  policy, 
consular  cooperation  and  consultation  between  central  visa  authorities  by  facilitating  the 
exchange of data between Member States on applications and related decisions, in order to:  

facilitate the visa application procedure;  

 
  prevent ‘visa shopping’;  
 
 

facilitate the fight against identity fraud;  
facilitate  checks  at  external  border  crossing  points  and  within  the  Member  States’ 
territory;  

  assist  in  the  identification  of  any  person  who  does  not  or  no  longer  fulfils  the 

 

conditions for entry to, stay or residence in the territory of the Member States; 
facilitate  the  determination  of  the  Member  State  responsible  for  examining  an 
application  for  international  protection  under  Regulation  (EU)  No  604/2013  of  the 
European Parliament and of the Council5;  

  and  contribute  to  the  prevention  of  threats  to  the  internal  security  of  any  of  the 

Member States.  

On  2  August  2021,  Regulation  (EU)  2021/1134,  amending  inter  alia  the  VIS  Regulation 
entered into force. It provides visa-issuing authorities with key information on applicants for 
short-stay  Schengen  visas  while  allowing  border  guards  to  detect  travellers  that  may  pose 
security risks. The new rules also expand the scope of the VIS – notably by adding applicants 
and holders of long stay-visas and residence permits  – in full respect of  the data protection 
acquis, to ensure that the relevant authorities have the information they need, when they need 
it. The new rules agreed will allow for more thorough background checks on applicants for 
short-stay visas, long-stay visas and residence permits, better information exchange between 
Member  States  on  holders  of  such  documents,  and  full  interoperability  with  other  EU 
information systems. 

As per Article 11(1) of Regulation (EU) 2021/1134, the Commission shall adopt a decision 
by  31  December  2023  to  set  the  date  for  the  entry  into  operation  of  the  revised  VIS. 

3  Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 
15.6.2004, p. 5). 
4 Regulation (EC) No 767/2008 of the European Parliament and of 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). 
5 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the 
criteria and mechanisms for determining the Member State responsible for examining an application for 
international protection lodged in one of the Member States by a third-country national or a stateless person (OJ 
L 180, 29.6.2013, p. 31). 

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However, the article also lays out a number of conditions before this decision can be adopted, 
namely that the necessary implementing and delegated acts referred in this report will need to 
be adopted, the European Union Agency for the Operational Management of Large-Scale IT 
Systems  in  the  Area  of  Freedom,  Security  and  Justice  (eu-LISA)  will  have  to  notify  the 
Commission  of  the  successful  completion  of  all  testing  activities,  and  Member  States  will 
have  to  notify  the  Commission  that  they  have  made  the  necessary  technical  and  legal 
arrangements. 

The VIS will be part of the common interoperability  framework established by Regulations 
(EU) 2019/8176 and (EU) 2019/8187 of the European Parliament and of the Council, thus the 
development  of  its  new  features  and  processes  should  be  fully  coherent  with  those  in  the 
other EU information systems that are part of the framework. 

Under the terms of Article 11(3) of Regulation (EU) 2021/1134, the Commission is required 
to  submit  a  report  to  the  European  Parliament  and  to  the  Council  on  the  state  of  play  of 
preparations for the full implementation of the Regulation. The report should include detailed 
information  about  the  costs  incurred  and  information  as  to  any  risks  that  may  impact  the 
overall  costs.  Similar  reports  are  to  be  submitted  by  the  Commission  every  year  until  the 
Commission adopts the decision setting the date of the start of operations of the VIS pursuant 
to the above-mentioned Regulation. 

This  is  the  Commission’s  first  report,  and  it  covers  the  period  from  the  adoption  of  the 
amending Regulation on 7 July 2021 to the preparation of this report in December 2022. 

2.  Implementing legislation of the VIS Regulation 

Regulation  (EU)  2021/1134  provides  that  implementing  legislation  should  be  adopted  in 
order to supplement and implement certain detailed technical aspects of the Regulation. Some 
of these acts are necessary to fully enable eu-LISA to commence the design and development 
of the new functionalities in  the context of the overall  IT system  architecture, especially as 
this  requires  defining  technical  specifications.  Other  acts  are  needed  to  lay  down  technical 
rules to facilitate use of the VIS by the relevant Member State authorities and EU agencies. 

Since the adoption of the Regulation in 2021, the Commission  has organised 14 Committee 
meetings  and  6  Expert  Groups  on  the  VIS  to  discuss  a  series  of  draft  implementing  and 
delegated acts necessary for the development of the revised VIS. 

Currently, work on all 12 implementing and delegated acts has commenced, and they are at 
various stages of the adoption procedure. Six implementing acts and three delegated acts are 
being  discussed in the  relevant  committee and expert group,  while  three implementing  acts 
are already formally adopted. This is further illustrated in the table below: 

6 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a 
framework for interoperability between EU information systems in the field of borders and visa and amending 
Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 
2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 
2008/633/JHA (OJ L 135, 22.5.2019, p. 27). 
7 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a 
framework for interoperability between EU information systems in the field of police and judicial cooperation, 
asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 
135, 22.5.2019, p. 85). 

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Table 1 State of play of required implementing and delegated acts on 7 December 2022 

Regulation 

Type of act 

Adopted 

Under 
formal 
adoption 

In committee 
or group 

Not 
started 

yet 

VIS 

Delegated 

Implementing  3 

3 

6 

3.  Monitoring of implementation by Member States and EU agencies 
The  importance  of  timely  implementation  of  the  revised  VIS  is  well  recognised  at  EU  and 
Member  State  level,  as  are  the  interdependencies  between  the  VIS  and  the  development  of 
other  EU  information  systems  and  of  the  interoperability  components.  To  achieve  full  and 
timely implementation,  Member States, EU agencies and the Commission have to  advance 
together  to  avoid  that  the  lack  of  action  by  any  one  of  them  leads  to  a  delayed  entry  into 
operation for all. 

4.  Costs and risks 

The  Commission  proposal  for  the  Amending  Regulation  was  adopted  on  7  July  2021,  one 
year  later  than  originally  envisaged.  The  Legislative  Financial  Statement  annexed  to  the 
European Commission’s proposal for the Amending Regulation revising the VIS Regulation 
was  amended 
the  revised 
VIS implementation and to ensure the availability of sufficient financial and human resources 
for eu-LISA. 

in  July  2021  due 

time  schedule  of 

the  updated 

to 

The  amended  Legislative  Financial  Statement  indicated  that  the  proposal  requires  in  total 
EUR 178.6 million from the EU budget over the period 2021-2027. This amount includes the 
relevant  budget  for  the  Member  States  (EUR  45  million)  for  adaptation  of  their  national 
systems,  for  Europol  (EUR  29.8  million)  for  the  necessary  upgrade  of  the  agency’s  IT 
systems  and  staffing  needs,  for  the  European  Border  and  Coast  Guard  Agency  (EBCGA) 
(EUR 5.4 million) for setting up a new access to the VIS within the Agency, staffing needs 
and meetings, and for eu-LISA (EUR 98.2 million) for the development of all IT strands of 
the proposal and operation of the updated VIS, as well as for temporary staffing needs. 

Based  on  the  Commission  proposal  for  the  Amending  Regulation,  the  impact  on  the 
operational expenditure for eu-LISA for the development of the revised VIS is estimated at 
EUR 16.2 million for the year 2022 and EUR 28.9 million in 2023. 

The  implementation  of  VIS  within  the  common  interoperability  framework  and  its 
adaptations  to  interact  with  the  other  IT  systems  involve  a  succession  of  different 
modifications that result each time in a new version of the system. These different versions of 
VIS  have  to  be  implemented  in  a  sequence.  The  economic  consequences  of  the  Covid-19 
crisis have also had an impact on public procurements and implementation procedures in the 
Member States and Union agencies. The above-mentioned aspects may affect the duration of 
some parts of the project to implement the new architecture for EU information systems for 
borders, migration and security. 

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Following a decision of the eu-LISA Management Board of 23 June 2022 and further to the 
decision of the informal Justice and Home Affairs Council of 11-12 July 2022, the timeline 
for  the  implementation  of  the  new  IT  architecture  for  EU  information  systems  and  their 
interoperability has been revised. Following the delayed entry into operation of the Schengen 
Information System, the entry into operation timeline of the different EU information systems 
is  now  as  follows:  March  2023  for  SIS,  mid-May  2023  for  EES,  mid-November  2023  for 
ETIAS  and  for  ECRIS-TCN  and  a  progressive  start  of  operation  of  the  interoperability 
components by June 2024.  

The  potential  impact  of  the  revised  timeline  for  the  EU  information  systems  and 
interoperability  on  the  costs  of  implementation  of  VIS  is  not  measurable  at  this  stage.  
Nevertheless,  according  to  the  available  data  on  expenditure  incurred  in  2021  and  2022  by 
the  Member  States  and  the  relevant  EU  agencies,  no  risk  of  overspending  of  the  amounts 
estimated in the amended legislative financial statement has been identified to date. 

5.  Conclusion 

Member States, Schengen associated countries and EU agencies share a general commitment 
to  ensure  full  implementation  of  the  revised  VIS,  also  as  part  of  the  wider  interoperability 
framework of EU information systems. For its part, the Commission continues to coordinate 
and closely monitor the progress of all involved with a view to having full availability of the 
new  and  upgraded  IT  systems  and  the  interoperability  components  by  June  2024.  In  June 
2022, eu-LISA’s Management Board invited the agency to explore the possibility to integrate 
the timeline for the implementation of the revised VIS more closely into the overall revised 
Interoperability timeline, which was  confirmed by the Justice and Home Affairs Council of 
11-12 July 2022. 

Overall, work on the implementation of the revised VIS is on track. However, ensuring that 
this  remains  the  case  requires  all  involved  to  advance  together  on  the  development  and 
implementation of all EU information systems and interoperability components and risks for 
delays  to  be  continuously  monitored.  The  Commission  continues  to  engage  with  all 
concerned stakeholders to detect potential delays that could arise and to keep any such delays 
to a minimum in order to respect the agreed implementation timeline. 

5