Visas

Visa Code

This regulation establishes the procedures and conditions for issuing visas for short stays in and transit through the territories of EU countries. It also lists the non-EU countries whose nationals are required to hold an airport transit visa when passing through the international transit areas of EU airports and establishes the procedures and conditions for issuing such visas.

Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code).

SUMMARY

The aim of the regulation is to establish the conditions and procedures for issuing visas for short stays in (maximum of 90 days in any 180-day period) and transit through the European Union (EU) countries and the associated states applying the Schengen Agreement in full. It applies to nationals of non-EU countries who must be in possession of a visa when crossing the external border of the EU, as listed in Regulation (EC) No 539/2001.

In addition, the regulation lists the non-EU countries whose nationals must hold an airport transit visa for passing through the international transit areas of EU airports (Annex IV). In urgent cases of mass influx of illegal immigrants, any EU country may extend this requirement to nationals of other non-EU countries.

Procedures and conditions for issuing visas

The EU country that is the sole or the main destination of the visit is responsible for examining the visa application. If the main destination cannot be determined, the country of entry into the EU is competent. In the case of transit, the EU country through which the transit takes place or, in case of multiple transits, the country of first transit is responsible. Generally, the visa application must be submitted to the consulate of the EU country concerned.

EU countries may establish bilateral arrangements for representing each other for the purpose of collecting visa applications or issuing visas. They may also cooperate through co-location or a common application centre.

A visa application may be lodged by the applicant or an accredited commercial intermediary at the earliest 3 months before the intended visit. When lodging an application, the applicant must appear in person, unless this requirement has been waived.

When lodging an application, the following must be presented:

an application form, as set out in Annex I;
a valid travel document;
a photograph;
supporting documents as set out in Annex II, as well as proof of sponsorship and/or accommodation if requested by the EU country;
proof of possession of travel medical insurance, if applicable.
Apart from certain exceptions, the applicant must allow the collection of his/her fingerprints and pay a visa fee. The visa fee may be waived or reduced in individual cases, for example for cultural, foreign and development policy reasons. An external service provider (e.g. travel agency) may charge an additional service fee.

After verifying the admissibility of the application, the competent authority must create an application file in the Visa Information System (VIS), following the procedures set out in the VIS Regulation. It carries out a further examination of the application to check that the applicant fulfils the entry conditions as set out in the Schengen Borders Code, does not pose a risk of illegal immigration or a threat to the security of the country and intends to leave before the visa expires.

A decision on an admissible application must be taken within 15 calendar days from the date on which it was lodged. In exceptional cases, this time limit may be extended. A decision is taken on whether to issue or refuse a uniform visa (valid for the entire area covered by the Schengen Agreement) or a visa with limited territorial validity. In the case of an EU country representing another, it may decide to discontinue the examination in order to transfer the application to the latter’s relevant authorities.

A uniform visa may be issued for 1, 2 or multiple entries with a maximum validity of 5 years. For a transit visa (including airport transit visa), the period of validity must correspond to the time needed for the transit. A 15-day period of grace is usually added. In certain cases, the period of validity of a visa may be extended. Under certain circumstances, the visa may also be annulled or revoked.

A uniform visa or visa with territorial validity does not automatically provide a right of entry to the visa holder.

A visa is refused if the applicant:

presents a false travel document;
gives no justification for the purpose and conditions of the intended stay;
provides no proof of sufficient means of subsistence for the duration of the stay nor for the return to his/her country of origin/residence;
has already exhausted the 3 months of the current 6-month period;
has been issued an alert in the Schengen Information System (SIS) for the purpose of refusing entry;
is considered to be a threat to the public policy, internal security or public health of one of the Member States;
provides no proof of travel medical insurance, if applicable;
presents supporting documents or statements whose authenticity or reliability is doubtful.
The applicant must be notified of a decision to refuse, annul or revoke a visa with the standard form set out in Annex VI. Such a decision may be appealed in the country that took it, in accordance with its national law.

Exceptionally, a visa application may be submitted to the authority responsible for checks on persons at the external border of the EU country of destination. A visa issued at a border crossing point may allow for a stay of maximum 15 days or cover the time needed for transit.

Application

This regulation amends the VIS Regulation and the Schengen Borders Code. It also repeals Articles 9-17 of the Convention implementing the Schengen Agreement and the Common Consular Instructions.

The regulation applies from 5 April 2010. Articles 32(2) and (3), 34(6) and (7), and 35(7) apply from 5 April 2011.

REFERENCES

Regulation (EC) No 810/2009

Report from the European Commission to the European Parliament and the Council: A smarter visa policy for economic growth ( COM(2014)165 final of 1.4.2014 – not published in the Official Journal).

This report examined the extent to which the initial overall goal of the Visa Code in facilitating legitimate travel and ensuring equal treatment in similar cases has been achieved, without specifically assessing its effectiveness in terms of contributing to economic growth.

The conclusions of the report are addressed in the Commission’s proposal to amend the Visa Code (see below).

Proposal for a regulation of the European Parliament and of the Council on the Union Code on Visas (Visa Code) ( COM(2014) 164 final of 1.4.2014 – not published in the Official Journal).

Uniform format for visas issued to non-EU nationals

Regulation (EC) No 1683/95 — rules on the EU’s uniform format for visas

In 1995, the EU created a uniform format for an EU visa taking the form of a sticker to be affixed to the travel document of non-EU nationals under visa obligation.

This regulation lays down the rules for the uniform format for visas, not only for the Schengen countries* but also for Ireland and the United Kingdom (1).

KEY POINTS

The uniform format applies to:

an intended stay in one or more countries of the Schengen area of no more than 3 months in total;
a transit through the international transit areas of airports of the Schengen countries (‘airport transit visa’).
In the case of the Schengen countries, for example, a short-stay visa issued by one of them entitles its holder to travel throughout the 26 countries for up to 90 days within a 180-day period.

Visas for visits exceeding that period remain subject to national procedures (i.e. to allow its holder to take up employment or establish a business, trade or profession).

Information on the visa sticker

The uniform visa sticker specifies the number of days that a non-national of an EU country may stay in the Schengen area and in Ireland and the United Kingdom (1). In the case of a Schengen visa, the days should be counted from the date he or she enters the Schengen area (the entry stamp) to the date they exit the Schengen area (the exit stamp), both days included.

The precise length of validity of the visa is indicated on the visa sticker under the heading ‘Duration of stay’.

Regulation (EU) 2017/1370 introduces a new design for the visa sticker with additional safety features to prevent forgery. Ireland and the United Kingdom (1) are not subject to the application of the new measures which came into force on 17 August 2017. Nevertheless, these countries may request the European Commission to enter into agreements in order to exchange technical information in the model of their national visas.

Technical specifications

The uniform visa must conform to:

a list of technical specifications concerning universally recognisable security features clearly visible to the naked eye including:
an integrated photograph produced to high security standards,
the logo consisting of a letter or letters indicating the issuing country – or group of countries, in the case of the Benelux;
other technical specifications which aim to prevent counterfeiting and falsification of the visa and provide methods to fill in the visa.
Each EU country must designate only one authority for printing visas. It must communicate the name of this body to the Commission and the other EU countries.

Technical specifications for the new visa sticker will be set out in a Commission implementing decision. The regulation will apply no later than 15 months after the adoption of the additional technical specifications referred to in Regulation (EC) No 1683/95.

It has applied since 3 August 1995.

KEY TERMS

Schengen countries: Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland.

DOCUMENTS

Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995, pp. 1-4)

Subsequent amendments to Regulation (EC) No 1683/95 have been incorporated into the basic text. This consolidated version is of documentary value only.

Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, pp. 1-58).

Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form (OJ L 53, 23.2.2002, pp. 4-6)

(1) The United Kingdom withdraws from the European Union and becomes a third country (non-EU country) as of 1 February 2020.

Visa requirements for non-EU nationals

Regulation (EU) 2018/1806 — list of non-EU countries whose nationals must be in possession of visas when entering the EU and those whose nationals are exempt from that requirement

It lists the countries covered by this legislation and those that are exempt. The regulation repeals and codifies the much-amended Regulation (EC) No 539/2001.

KEY POINTS

The regulation develops from the Schengen Agreement and Convention in which neither the United Kingdom (1) nor Ireland take part, and are therefore not bound by it or subject to its application.

The regulation lists, in its annex:

the non-EU countries and territories whose nationals must hold a visa; and
those countries and territories whose nationals are exempt from the visa requirements when entering the EU for stays of up to 90 days in any 180-day period.

The regulation also allows for:

exceptions: the possibility for EU countries to grant exceptions to the visa requirement for certain categories of persons such as holders of diplomatic or service passports, civilian air and sea crews, school pupils in groups, holders of local traffic permits, and exemptions for recognised refugees and stateless persons who live in the EU and hold a travel document issued by their country of residence;
reciprocity: a mechanism allowing reciprocity if any visa-exempt non-EU country decides to impose a visa requirement on any EU country;
temporary suspension: a mechanism for the temporary suspension of visa exemptions in an emergency situation such as a substantial increase of migratory or security risk.

Decisions to amend the lists are on a case-by-case basis considering criteria including:

illegal immigration, public policy and security;
economic benefit, in particular in terms of tourism and foreign trade;
the EU’s external relations with the relevant non-EU country, in particular relating to human rights and fundamental freedoms, regional coherence and reciprocity.

It has applied since 18 December 2018. The Regulation (EU) 2018/1806 codifies and replaces Regulation (EC) No 539/2001 and its subsequent amendments.

DOCUMENTS

Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (codification) (OJ L 303, 28.11.2018, pp. 39-58)

Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 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 acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, pp. 19-20)

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 acquis (OJ L 160, 18.6.2011, pp. 21-36)

Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, pp. 1-58)

Successive amendments to Regulation (EC) No 810/2009 have been incorporated into the original document. This consolidated version is of documentary value only.

Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, 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 acquis (OJ L 53, 27.2.2008, pp. 1-2)

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 (OJ L 64, 7.3.2002, pp. 20-23)

Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, pp.1-7)

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 (OJ L 131, 1.6.2000, pp. 43-47)

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 acquis (OJ L 176, 10.7.1999, pp. 31-33)

VIS Regulation

The VIS Regulation defines the purpose and functionalities of, as well as the responsibilities for, the Visa Information System (VIS). It provides the conditions and procedures for the exchange of visa data between the European Union (EU) countries and associated countries applying the common visa policy. Thus, the examination of applications for short stay visas and decisions on extending, revoking and annulling visas, as well as the checks on visas and the verifications and identifications of visa applicants and holders are facilitated.

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)

SUMMARY

The purpose of the Visa Information System (VIS) is to improve the implementation of the common visa policy, consular cooperation and consultations between the central visa authorities by:

facilitating the visa application procedure;
preventing visa shopping;
facilitating the fight against fraud;
facilitating checks at external border crossing points and in the national territories;
assisting in the identification of persons that do not meet the requirements for entering, staying or residing in the national territories;
facilitating the application of the Dublin II Regulation for determining the EU country that is responsible for the examination of a non EU-country national’s asylum application and for examining said application;
contributing to the prevention of threats to EU countries’ internal security.

In specific cases, the national authorities and Europol may request access to data entered into the VIS for the purpose of preventing, detecting and investigating terrorist and criminal offences. The procedures for consultations under such circumstances are laid down in Council Decision 2008/633/JHA. These consultations are carried out via central access points in the participating countries and by Europol, who verify the requests and ensure conformity with the above decision.

Only the following categories of data are recorded in the VIS:

alphanumeric data on the applicant and on the visas requested, issued, refused, annulled, revoked or extended;
photographs;
fingerprint data;
links to previous visa applications and to the application files of persons travelling together.

Access to the VIS:

for entering, amending or deleting data, is reserved exclusively to duly authorised staff of the visa authorities;
for consulting data, is reserved exclusively to duly authorised staff of the visa authorities and authorities competent for checks at the external border crossing points, immigration checks and asylum, and is limited to the extent the data is required for the performance of their tasks.

The authorities with access to VIS must ensure that its use is limited to that which is necessary, appropriate and proportionate for carrying out their tasks. Furthermore, they must ensure that in using VIS, the visa applicants and holders are not discriminated against and that their human dignity and integrity are respected.

Entering of data by the visa authorities

Once an application is found admissible as set out in the Visa Code, the visa authority creates the application file by entering into the VIS a set of data listed in this regulation, such as the applicant’s personal and travel details provided in the application form, photograph and fingerprints.

Where a decision has been taken to issue a visa, the visa authority adds other relevant data, including the type of visa, the territory in which the visa holder is entitled to travel, the period of validity, the number of entries allowed in the territory and the duration of the authorised stay.

Additional data must also be entered if the visa authority representing another EU country discontinues the examination of an application as well as when a decision has been taken to refuse, annul or revoke a visa, or to extend the validity period of a visa.

Use of the data by the visa and other competent authorities

The competent visa authority may consult the VIS for the purpose of examining applications and decisions to issue, refuse, extend, annul or revoke a visa, or to shorten a visa’s validity period. It is authorised to carry out searches with some of the data included in the application form and the application file. If the search indicates that data on the applicant is recorded in the VIS, the visa authority will be given access to the application file and linked application files.

For prior consultation, the country responsible for examining the application must transmit any consultation requests with the application number to the VIS, indicating the country or countries to be consulted. The VIS will forward the request to the country concerned, which will, in turn, send the response to the VIS, which will then forward the response to the requesting country.

For statistical and reporting purposes, the visa authorities are authorised to consult data that does not allow for the identification of the applicant.

The authorities responsible for carrying out checks at external borders and within the national territories have access to search the VIS with the number of the visa sticker together with fingerprints. They may search the VIS for the purpose of verifying the identity of the person and/or the authenticity of the visa and/or whether the person meets the requirements for entering, staying in or residing within the national territories. If, based on this search, data on the visa holder is found in the VIS, the relevant authorities may consult certain data in the application file.

For identifying a person who may not or may no longer fulfil the required conditions, the competent authorities have access to search with fingerprint data. If that person’s fingerprints cannot be used or the search with the fingerprints fails, the relevant authorities may search the VIS with the name, sex, date and place of birth and/or information taken from the travel document. These may be used in combination with the nationality of the person.

Asylum authorities have access to search the VIS with fingerprint data, but solely for the purposes of determining the EU country responsible for the examination of an asylum application and of examining an asylum application. However, if the fingerprints of the asylum seeker cannot be used or the search fails, the authorities may carry out the search with the data set out above.

Each application file is stored in the VIS for a maximum of five years. Only the country responsible has the right to amend or delete data it has transmitted to the VIS.

Operation and responsibilities

After a transitional period, when the Commission was in charge, the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (euLISA) has been responsible, since 1 December 2012, for the operational management of the Central VIS and the national interfaces. In addition, ensuring a communication infrastructure between these two, euLISA is in charge of the supervision, security and the coordination of relations between the participating countries and the service provider. euLISA also ensures that the VIS is operated in accordance with the VIS Regulation and that only duly authorised staff has access to data processed in the VIS.

The VIS is connected to the national system of each country via the country’s national interface. Participating countries designate a national authority that is connected to the national interfaces and that provides access to VIS by the relevant authorities.

Each country is responsible for:

the development, organisation, management, operation and maintenance of its national system;
ensuring the security of data before and during transmission to its national interface and, to this end, adopting a security plan;
the management and arrangements for access by duly authorised staff of its competent national authorities to the VIS in accordance with this regulation;
bearing the costs incurred by its national system.
Data in the VIS is not to be communicated to third countries or international organisations unless indispensable for attesting a third-country national’s identity in individual cases. The communication may be made when a set of conditions are met, with due respect to the rights of refugees and persons requesting international protection.

Data protection

The responsible country provides the persons concerned with information on the identity and contact details of the controller responsible for the processing of the data, the purposes for which the data is processed within the VIS, the categories of the recipients of the data, the period of retention of the data and the right to access, correct and delete the data. In addition, the country must inform the persons concerned of its obligation to collect the data. Any person is entitled to receive information on how to bring an action or a complaint before the competent authorities or courts of the country concerned if he/she is refused the right of access to, or the right of correction or deletion of, data relating to him/her.

Each EU country must require a National Supervisory Authority, established in accordance with Directive 95/46/EC, to monitor the lawfulness of the processing of personal data by that country. The European Data Protection Supervisor monitors the activities of euLISA.

Start of operations

The VIS became operational since the technical implementation of the Central VIS, the national interfaces and the communication infrastructure were completed and a comprehensive test of the VIS was carried out. The countries also had to take certain required steps for the collection and transmission of data in a first region, followed by a gradual roll-out in other regions.

As a Schengen instrument, this regulation applies to EU countries with the exception of the United Kingdom and Ireland. Denmark has decided to implement the regulation which also applies to Iceland, Norway and Switzerland.

REFERENCES

Regulation (EC) No 767/2008

Regulation (EC) No 810/2009

Commission Implementing Decision 2013/642/EU determining the date from which the Visa Information System (VIS) is to start operations in a ninth, a tenth and an eleventh region (Official Journal L 299 of 9.11.2013).

Commission Decision 2010/260/EU of 4 May 2010 on the Security Plan for the operation of the Visa Information System (Official Journal L 112 of 5.5.2010).

Commission Decision 2010/49/EC of 30 November 2009 determining the first regions for the start of operations of the Visa Information System (VIS) (Official Journal L 23 of 27.1.2010).

Commission Decision 2009/876/EC of 30 November 2009 adopting technical implementing measures for entering the data and linking applications, for accessing the data, for amending, deleting and advance deleting of data and for keeping and accessing the records of data processing operation in the Visa Information System (Official Journal L 315 of 2.12.2009).

Commission Decision 2009/756/EC of 9 October 2009 laying down specifications for the resolution and use of fingerprints for biometric identification and verification in the Visa Information System (Official Journal L 270 of 15.10.2009).

Commission Decision 2009/377/EC of 5 May 2009 adopting implementing measures for the consultation mechanism and the other procedures referred to in Article 16 of Regulation (EC) No 767/2008 of the European Parliament and the Council concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (Official Journal L 117 of 12.5.2009).

The implementing measures for consultations and requests for documents via the VIS are set out in the annex to this decision. Currently, the Schengen Consultation Network (VISION) is used as the communication network for consultations on visas. Once the VIS becomes operational, the VIS Mail mechanism may be used in parallel to transmit messages:

relating to consular cooperation;
relating to requests for any supporting documents linked to an application;
indicating that inaccurate data has been processed in the VIS;
indicating that the applicant has acquired the nationality of an EU country.
Once all Schengen visa issuing posts are connected to the VIS, the VIS Mail mechanism shall be the sole communication network for exchanging messages via the VIS.

1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (Official Journal L 286 of 1.11.2011).

Establishment of the Visa Information System (VIS) – Stage 1

This Decision constitutes the required legal basis allowing for the inclusion in the general budget of the European Union (EU) of the necessary appropriations for the development of the Visa Information System (VIS). The VIS is based on a centralised architecture and consists of a central information system on visas and an interface in each Member State . It is the Commission’s responsibility, through the comitology procedures, to develop the central information system and the national interfaces.

Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS).

SUMMARY

The Visa Information System (VIS) is based on a centralised architecture. It consists of a central information system, the Central Visa Information System (CS-VIS), of an interface in each Member State, the National Interfaces (NI-VIS) that provide the connection to the relevant central national authorities of the respective Member States, and of a communication infrastructure between the Central Visa Information System and the National Interfaces.

The Commission is responsible for developing the:

Central Visa Information System;
National Interface in each Member State ;
communication infrastructure between the Central Visa Information System and the National Interfaces.
The national infrastructures are adapted by the Member States.

The measures to be developed by the Commission are adopted in accordance with the advisory procedure of the comitology Decision 1999/468/EC for matters relating to the:

design of the physical architecture of the system;
technical aspects that have a bearing on the protection of personal data;
technical aspects that have serious financial implications for the budgets of the Member States or that have serious technical implications for the national systems of the Member States;
development of security requirements, including biometric aspects.
Other necessary measures are adopted using the management procedure of the comitology Decision.

The Commission will submit a yearly progress report to the European Parliament and the Council, starting in the year following the signing of the contract for the development of the VIS.

Context

The Seville European Council on 21 and 22 June 2002 considered the establishment of a common identification system for visa data a top priority and called for its introduction as soon as possible. In response to this request, the Commission presented a feasibility study in May 2003. The Council welcomed the study in June 2003 and invited the Commission to continue its preparatory work on the development of the VIS.

This Decision constitutes the required legal basis to allow for the inclusion of the necessary appropriations for the development of the VIS in the general budget of the EU. The Decision follows from the European Council in Thessaloniki on 19 and 20 June 2003, which deemed that orientations should be determined with regard to the planning for the development of the VIS, together with the appropriate legal basis permitting its establishment and the engagement of the necessary financial means.

REFERENCES

Decision 2004/512/EC

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 [Official Journal L 194 of 23.7.2008].

The Annex to this Decision establishes the design of the physical architecture and the network requirements for the NI-VIS and for the communication infrastructure between the NI-VIS and the CS-VIS.

Report from the Commission to the European Parliament and the Council on the development of the Visa Information System (VIS) in 2012. [ COM(2013)232 final – not published in the Official Journal].

This report covers the work carried out by the Commission in 2012 and is the ninth and final report foreseen under Article 6 of Council Decision 2004/512/EC.

The main points covered in the report are:

The Final System Acceptance (FSA) was granted in August 2012 when the contractor was considered to have completed the development of the system and released from its contractual obligations in the project development. This important step marked the end of the development of the system in the sense of Council Decision 2004/512/EC and therefore the end of the yearly progress reports referred to in its Article 6.

The VIS was successfully deployed in two more geographical regions: the Near East and the Gulf region. The successful and incident-free deployment of VIS in these regions covering 14 countries indicates that the system has matured to a very satisfactory level and that it can sustain operations in subsequent regions.

The VIS Mail Communication Mechanism allows for the transmission of messages between Member States using the VIS network infrastructure. During the reporting period, work was focused on preparing the so-called Phase 2 of the VIS Mail, which will replace the Schengen consultation network (VISION system, under Council management) once the worldwide deployment of the VIS is completed.

The Biometric Matching System (BMS) became operational together with the VIS, on 11 October 2011. The BMS, which provides fingerprint matching services to the VIS, was granted Final System Acceptance in March 2012 after 5 months of operations without incident.

A contract was awarded in 2012 to cater for the technical maintenance of the VIS under working conditions and to improve the performance of the system over time, taking into account the increasing amount of data that will be inserted in the VIS in the coming years.

The EU IT Agency eu-LISA took over the operational responsibility of VIS from the Commission on 1 December 2012.

As of 22 November 2012, the VIS had successfully processed close to 1.9 million visa applications, of which 1.5 million resulted in Schengen visas issued, while close to 235 000 visas were refused. The central system had dealt with almost 40 million operations received from consulates around the world and border crossing points.

Rules for access to the EU’s Visa Information System (VIS)

Decision 2008/633/JHA: access to the Visa Information System by EU countries’ authorities and Europol

The Visa Information System (VIS) is a tool that supports the implementation of the common EU visa policy. It allows Schengen States to exchange visa data. It consists of a central IT system and a communication infrastructure that links this central system to national systems.

The decision allows the VIS to be used to prevent, detect and investigate terrorist offences and other serious criminal offences.

It enables designated law enforcement authorities (such as authorities responsible for tackling terrorism or serious criminal offences e.g. drug trafficking or trafficking in human beings) in the countries of the Schengen Area and Europol to access the VIS.

The national designated authorities must follow a procedure to access the VIS once all conditions for access are fulfilled.

The decision also lays down rules to protect the personal data of visa holders.

KEY POINTS

VIS connects consulates in non-EU countries and all external border crossing points of Schengen States. It processes data and decisions relating to applications for short-stay visas to visit, or to transit through, the Schengen Area. The VIS prevents fraudulent visa document abuses by assisting border guards when verifying that the bearer of a visa is its rightful holder.

Access to the VIS data applies on a case-by-case basis with reasoned written or electronic requests.

The designated authorities may only consult the VIS if it is necessary or if there are reasonable grounds for believing that such a search would substantially help in preventing, detecting or investigating serious crime. This may happen, for example, in cases of terrorism or with persons linked directly or indirectly to terrorist or other serious criminal offences.

Europol may only access VIS within the limits of its mandate and when it is necessary for the performance of its tasks.

Type of searches in the VIS

Searches in the VIS are limited to specific data, for example:

—surname, first names, sex and date, place and country of birth;
—current nationality and nationality at birth of the visa applicant;
—type and number of the travel document;
—purpose of travel, and intended date of arrival and departure;
—intended border of first entry or transit route;
—fingerprints;
—type of visa and number of the visa sticker;
—details of the person who has issued an invitation for the visa applicant, etc.
If the search using any of the above data is successful, the authorities may in addition access other data, such as photographs.

Protection of personal data and data security

When processing personal data in line with this decision, each EU country has to ensure an adequate level of data protection.

Only in urgent cases and for the purpose of preventing and detecting serious offences, personal data may be transferred to non-EU countries or to international organisations. However, in such cases, the consent of the EU countries that entered the data must be obtained.

EU countries must also ensure the security of the data accessed in VIS during their transmission to the designated authorities.

Council Decision (EU) 2015/1956 set 1 September 2013 as the date on which Decision 2008/633/JHA was to take effect.

BACKGROUND

The VIS was established by Council Decision 2004/512/EC of 8 June 2004. On 7 March 2005, the Council adopted conclusions stating that EU countries authorities should be guaranteed access to the VIS in order to fight against terrorism and other criminal offences.

Visa Information System.

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, pp. 129–136)

Successive amendments and corrections to Regulation (EC) No 767/2008 have been incorporated into the original text. This consolidated version is for reference only.

Visa waiver agreements

SUMMARY OF:

EU short-term visa waiver legislation as follows.

Agreement and Decisions 2009/478/EC and 2009/896/EC between the EU and Antigua and Barbuda
Agreement and Decisions 2009/479/EC and 2009/898/EC between the EU and Barbados
Agreement and Decisions 2009/480/EC and 2009/899/EC between the EU and the Republic of Mauritius
Agreement and Decisions 2009/481/EC and 2009/897/EC between the EU and the Commonwealth of the Bahamas
Agreement and Decisions (EU) 2016/431 and (EU) 2016/2044 between the EU and the People’s Republic of China (holders of diplomatic passports)
Agreement and Decisions 2009/482/EC and 2009/900/EC between the EU and the Republic of Seychelles
Agreement and Decisions 2009/483/EC and 2009/901/EC between the EU and the Federation of Saint Kitts and Nevis
Agreement and Decisions 2010/622/EU and 2012/508/EU between the EU and the Federative Republic of Brazil
Agreement and Decisions 2011/157/EU and 2010/621/EU between the EU and the Federative Republic of Brazil (holders of diplomatic passports)
Agreement and Decisions (EU) 2015/2399 and (EU) 2016/1743 between the EU and the Republic of Colombia
Agreement and Decisions (EU) 2016/1888 and (EU) 2017/235 between the EU and the Solomon Islands
Agreement and Decisions (EU) 2016/1363 and (EU) 2017/233 between the EU and the Republic of the Marshall Islands
Agreement and Decisions (EU) 2016/1342 and (EU) 2017/225 between the EU and Tuvalu
Agreement and Decisions (EU) 2016/1197 and (EU) 2017/232 between the EU and the Republic of Kiribati
Agreement and Decisions (EU) 2016/1879 and (EU) 2017/234 between the EU and the Federated States of Micronesia
Agreement and Decisions (EU) 2016/437 and (EU) 2016/1744 between the EU and the Republic of Peru
Agreement and Decisions (EU) 2015/2377 and (EU) 2016/1741 between the EU and the Republic of Palau
Agreement and Decisions (EU) 2015/2226 and (EU) 2016/1742 between the EU and the Kingdom of Tonga
Agreement and Decisions (EU) 2015/1033 and (EU) 2016/270 between the EU and Grenada
Agreement and Decisions (EU) 2015/1030 and (EU) 2016/273 between the EU and the Democratic Republic of Timor-Leste
Agreement and Decisions (EU) 2015/1037 and (EU) 2016/275 between the EU and the Republic of Trinidad and Tobago
Agreement and Decisions (EU) 2015/1031 and (EU) 2016/268 between the EU and Saint Lucia
Agreement and Decisions (EU) 2015/1032 and (EU) 2016/269 between the EU and the Commonwealth of Dominica
Agreement and Decisions (EU) 2015/1035 and (EU) 2016/272 between the EU and the Republic of Vanuatu
Agreement and Decisions (EU) 2015/1036 and (EU) 2016/274 between the EU and the Independent State of Samoa
Agreement and Decisions (EU) 2015/1034 and (EU) 2016/271 between the EU and Saint Vincent and the Grenadines
Agreement and Decisions (EU) 2015/785 and (EU) 2016/267 between the EU and the United Arab Emirates

WHAT IS THE AIM OF THESE AGREEMENTS?

They form part of the common EU visa policy and aim to facilitate travel of legitimate travellers between the EU and certain non-EU countries, on a reciprocal basis.
The agreements provide for visa-free travel for the citizens of the EU and for the citizens of a non-EU country when travelling to the territory of the other party for a maximum period of 90 days in any 180-day period.

The Schengen area

The agreements apply only to travel to and from Schengen-area countries. 22 of the 28 EU countries (1) participate in the Schengen area. Bulgaria, Croatia, Cyprus and Romania are legally obliged to join the area in due course, while Ireland and the United Kingdom (1) maintain opt-outs. Iceland, Liechtenstein, Norway and Switzerland are not members of the EU but are part of the Schengen area.

Visa waiver agreements

The visa waiver agreements referred to are agreements between the EU and non-EU countries that allow visa-free travel for their passport-holding citizens when travelling to the territory of the other party, for up to 90 days during a 180-day period.

Principal conditions

The 90-day period is calculated independently of any stay in a non-Schengen EU country.
The agreements do not normally affect the possibility for the parties to extend the period of stay beyond 90 days in accordance with their respective national laws and EU law.

The agreements do not normally apply to the non-European territories of France or of the Netherlands.

The visa waiver does not apply to persons travelling for the purpose of carrying out a paid activity, unless decided otherwise on a country-by-country basis by the parties.
The countries involved reserve the right to refuse entry if the conditions for entry or short stay are not met.

A joint committee of experts monitors the implementation of the agreement, with the EU being represented by the European Commission.

The parties may suspend or terminate the agreement only in respect of all EU countries.
Separate agreements apply to visa waivers for diplomatic or official passport holders travelling to or from Brazil or China.

In the visa waiver agreements between the EU and Brazil the allowed stay is defined as ‘3 months during a 6-month period’. It is currently being aligned with the definition used in the rest of the agreements: ’90 days during a 180-day period’.

Regulation (EU) 2018/1806 on visa requirements for non-EU nationals contains a list of countries whose nationals do not require visas to travel to the EU and a list of countries whose nationals must be in possession of a visa when travelling to the EU.

The EU Visa Code establishes the procedures and conditions for issuing visas for short stays in and transit through the territories of EU countries. It also lists the non-EU countries whose nationals are required to hold an airport transit visa when passing through the international transit areas of EU airports and establishes the procedures and conditions for issuing such visas.

DATE OF ENTRY INTO FORCE

Country

Date of entry into force

Antigua and Barbuda

28 May 2009 (provisional application)

Barbados

1 March 2010

Republic of Mauritius

1 March 2010

Commonwealth of the Bahamas

1 April 2010

People’s Republic of China (holders of diplomatic passports)

1 January 2017

Republic of Seychelles

1 January 2010

Federation of Saint Kitts and Nevis

1 August 2015

Federative Republic of Brazil

1 October 2012

Federative Republic of Brazil (holders of diplomatic passports)

1 April 2011

Republic of Colombia

1 January 2017

Solomon Islands

1 May 2017

Republic of the Marshall Islands

28 June 2016 (provisional application)

Tuvalu

1 February 2019

Republic of Kiribati

24 June 2016 (provisional application)

Federated States of Micronesia

Not yet in force

Republic of Peru

15 March 2016 (provisional application)

Republic of Palau

8 December 2015 (provisional application)

Kingdom of Tonga

21 November 2015 (provisional application)

Grenada

1 February 2019

Democratic Republic of Timor-Leste