Regulation 2011/977 - Amendment of Regulation 810/2009 establishing a Community Code on Visas (Visa Code) - Main contents

EN

Official Journal of the European Union

L 258/9

In accordance with Article 48 of 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), the VIS will be rolled-out progressively region by region in the order defined by the Commission in decisions adopted in accordance with the comitology procedure.

In accordance with Article 48(1) and (3) of Regulation (EC) No 767/2008, the Commission is to determine the date from which the VIS starts operations in the first region and the date from which it becomes mandatory in each subsequent region to transfer to the VIS all data: alphanumeric data, photographs and fingerprints. Before the transfer of all data has become mandatory in a region, Member States can already collect and transmit to the VIS alphanumeric data and photographs, and optionally also the fingerprints, in any location as soon as they have notified the Commission that they have made the necessary technical and legal arrangements to do so. As a consequence, three situations can coexist as regards the registration in the VIS.

In the regions where the collection and transmission of visa data to the VIS has become mandatory following a decision by the Commission, all data referred to in Article 5(1) of the VIS Regulation, including the fingerprints for each applicant, will be registered in the VIS, except in the cases where the applicant is exempted from the requirement to provide fingerprints in accordance with Article 13(7) of the Visa Code. In locations where the use of the VIS is not yet mandatory, Member States may similarly decide to collect and register in the VIS all data referred to in Article 5(1) of the VIS Regulation, including the fingerprints, of each visa applicant.

However, in these locations where the use of the VIS has not yet become mandatory, one or more Member States may not register visa applicants in the VIS yet; while other Member States may register only alphanumeric data and photographs of visa applicants.

In accordance with Article 7(3) (aa) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (3), from the 20th day following the date of start of operations of the VIS in the first region, the thorough checks on entry are to comprise the verification of the identity of the visa holder and of the authenticity of the visa, by consulting the VIS. In accordance with Article 18 of the VIS Regulation, searches are to be carried out using the number of the visa sticker in combination with the verification of the fingerprints of the visa holder. However, for a maximum period of 3 years from the date of start of operations in the first region, the search in the VIS may be carried out using only the number of the visa sticker. At the expiry of that period, searches in the VIS are always to be carried out using the visa sticker number in combination with the fingerprints, except for visa holders whose fingerprints cannot be used. Besides, during an additional maximum period of 3 years, by way of derogation,...