Decision 2009/377 - 2009/377/EC: Commission Decision of 5 May 2009 adopting implementing measures for the consultation mechanism and the other procedures referred to in Article 16 of Regulation 767/2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (notified under document number C(2009) 2359) - Main contents
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official title
2009/377/EC: Commission Decision 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 of the Council concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (notified under document number C(2009) 2359)| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2009/377 |
| CELEX number i | 32009D0377 |
| Document | 05-05-2009 |
|---|---|
| Publication in Official Journal | 12-05-2009; Special edition in Croatian: Chapter 19 Volume 008,OJ L 117, 12.5.2009 |
| Effect | 06-05-2009; Takes effect Date notif. |
| End of validity | 31-12-9999 |
| Notification | 06-05-2009 |
12.5.2009 |
EN |
Official Journal of the European Union |
L 117/3 |
COMMISSION DECISION
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 of the Council concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation)
(notified under document number C(2009) 2359)
(Only the Bulgarian, Czech, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic)
(2009/377/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to 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) (1), and in particular Article 45(2)(e) thereof,
Whereas:
(1) |
Article 16 of Regulation (EC) No 767/2008 provides rules on the use of the VIS for consultation and requests for documents. In implementation of Article 16 of the VIS Regulation, measures should be adopted to set out rules for the exchange of the messages transmitted by the infrastructure of the VIS (VIS Mail Specifications). These messages shall not be recorded in the VIS and the personal data transmitted shall be used solely for the consultation of central visa authorities and consular cooperation. |
(2) |
Subject to further measures adopted by the date referred to in Article 46 of the VIS Regulation concerning the integration of the technical functionalities of the Schengen Consultation Network, the VIS Mail Specifications should define four types of messages which may be used from the start of operations of VIS until the date referred to in Article 46 of the VIS Regulation. These should include messages related to consular cooperation (Article 16(3) of the VIS Regulation), messages related to the transmission of requests to the competent visa authority to forward copies of travel documents and other documents supporting the application and to the transmission of electronic copies of those documents (Article 16(3) of the VIS Regulation), messages that data processed in the VIS are inaccurate or that data were processed in the VIS contrary to the provisions of the VIS Regulation (Article 24(2) of the VIS Regulation) and messages that an applicant has acquired the nationality of a Member State (Article 25(2) of the VIS Regulation). |
(3) |
In accordance with Article 5 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, on 13 October 2008 Denmark decided to implement Regulation (EC) No 767/2008 in Danish law. Regulation (EC) No 767/2008 is thus binding upon Denmark in international law. Denmark has therefore an obligation under international law to implement this Decision. |
(4) |
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 (2), the United Kingdom has not taken part in the adoption of Regulation (EC) No 767/2008 and is not bound by it or subject to its application as it constitutes a development of provisions of the Schengen acquis. The United Kingdom is therefore not an addressee of this Commission Decision. |
(5) |
In accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (3), Ireland has not taken part in the adoption of Regulation (EC) No 767/2008 and is... |
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