Legal provisions of COM(2004)99 - Visa Information System (VIS)

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dossier COM(2004)99 - Visa Information System (VIS).
document COM(2004)99 EN
date June  8, 2004

Contents

Article 1

1. A system for the exchange of visa data between Member States, hereinafter referred to as ‘the Visa Information System’ (VIS), is hereby established, which shall enable authorised national authorities to enter and update visa data and to consult these data electronically.

2. The Visa Information System shall be based on a centralised architecture and consist of a central information system, hereinafter referred to as ‘the Central Visa Information System’ (CS-VIS), an interface in each Member State, hereinafter referred to as ‘the National Interface’ (NI-VIS) which shall provide the connection to the relevant central national authority of the respective Member State, and the communication infrastructure between the Central Visa Information System and the National Interfaces.

Article 2

1. The Central Visa Information System, the National Interface in each Member State, and the communication infrastructure between the Central Visa Information System and the National Interfaces shall be developed by the Commission.

2. The national infrastructures shall be adapted and/or developed by the Member States.

Article 3

The measures necessary for the development of the Central Visa Information System, the National Interface in each Member State, and the communication infrastructure between the Central Visa Information System and the National Interfaces shall be adopted in accordance with the procedure referred to in Article 5(2) where they concern matters other than those listed in Article 4.

Article 4

The measures necessary for the development of the Central Visa Information System, the National Interface in each Member State, and the communication infrastructure between the Central Visa Information System and the National Interfaces concerning the following matters shall be adopted in accordance with the procedure referred to in Article 5(3):

(a)the design of the physical architecture of the system including its communication network;

(b)technical aspects which have a bearing on the protection of personal data;

(c)technical aspects which have serious financial implications for the budgets of the Member States or which have serious technical implications for the national systems of the Member States;

(d)the development of security requirements, including biometric aspects.

Article 5

1. The Commission shall be assisted by the committee set up by Article 5(1) of Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (7).

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.

3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.

4. The Committee shall adopt its Rules of Procedure.

Article 6

The Commission shall submit a yearly progress report to the European Parliament and the Council concerning the development of the Central Visa Information System, the National Interface in each Member State, and the communication infrastructure between the Central Visa Information System and the National Interfaces, and for the first time by the end of the year after signing the contract for the development of the VIS.

Article 7

This Decision shall apply from the twentieth day following that of its publication in the Official Journal of the European Union.

Article 8

This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.