HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 134/20
EN
Official Journal of the European Union
24.5.2012
DECISIONS
COMMISSION IMPLEMENTING DECISION
of 24 April 2012
determining the second set of regions for the start of operations of the Visa Information System
(VIS)
(notified under document C(2012) 2505)
(2012/274/EU)
THE EUROPEAN COMMISSION,
(4) According
to
this
assessment,
the
subsequent
regions
where the collection and transmission of visa data to
the VIS should start for all visa applications should be:
Having regard to the Treaty on the Functioning of the European
West Africa, Central Africa, East Africa, Southern Africa,
Union,
South America, Central Asia, South East Asia.
Having regard to Regulation (EC) No 767/2008 of the European
(5) The
occupied
Palestinian
territory
was
excluded
from
the
Parliament and of the Council of 9 July 2008 concerning the
Near East region, which was covered by Decision
Visa Information System (VIS) and the exchange of data
2010/49/EC, due to the technical difficulties that could
between Member States on short-stay visas (VIS Regulation) ( 1 ),
be encountered in the equipping of the consular posts or
and in particular Article 48(4) thereof,
offices concerned. To avoid a gap when fighting irregular
immigration and protecting internal security and taking
into account the time left to Member States to solve the
Whereas:
technical difficulties, the occupied Palestinian territory
should be the 11th region where the collection and
transmission of visa data to the VIS should start for all
(1) Article
48
of
Regulation
(EC)
No
767/2008
provides
for
visa applications.
a progressive implementation of the VIS operations. The
Commission in its Decision 2010/49/EC ( 2 ) determined
the first regions for the start of operations of the VIS.
(6)
The starting date of the operations in each of these
Taking into account the start of operations of the VIS on
regions is to be determined by the Commission
11 October 2011, it is necessary to determine a second
pursuant to Article 48(3) of Regulation (EC) No
set of regions where the data to be processed in the VIS,
767/2008.
including photographs and fingerprint data, shall be
collected and transmitted to the VIS for all visa appli
cations in the region concerned.
(7)
For the determination of the further regions, subsequent
decisions should be taken at a later stage on the basis of
(2) Article
48(4)
of
Regulation
(EC)
No
767/2008
provides
an additional and updated assessment of these other
for the determination of the sequence of the regions for
regions in accordance with the relevant criteria and the
the VIS deployment based on the following criteria: the
experience with the implementation in the regions
risk of irregular immigration, threats to the internal
determined by Decision 2010/49/EC and by the
security of the Member States and the feasibility of
present Decision.
collecting biometrics from all locations in the region
concerned.
(8) Given
that
the
VIS
Regulation
builds
upon
the
Schengen
acquis, Denmark notified the implementation of the VIS
(3) The
Commission
has
made
an
assessment
for
the
Regulation in its national law in accordance with
different regions taking into account, for the first
Article 5 of the Protocol on the position of Denmark
criterion, elements such as the average visa refusal
annexed to the Treaty on European Union and to the
rates, the entry refusal rates and the rates of third
Treaty establishing the European Community. Denmark
country nationals detected as irregularly present in the
is therefore bound under international law to implement
territory of the Member States; for the second criterion, a
this Decision.
threat assessment performed by Europol; and for the
third criterion, the fact that the level of consular
presence or representation has increased in all regions
(9) This
Decision
constitutes
a
development
of
provisions
of
worldwide since the adoption of Decision 2010/49/EC.
the Schengen acquis in which the United Kingdom does
not take part, in accordance with Council Decision
( 1 ) OJ L 218, 13.8.2008, p. 60.
2000/365/EC of 29 May 2000 concerning the request
( 2 ) OJ L 23, 27.1.2010, p. 62.
of the United Kingdom of Great Britain and Northern

---

EN
24.5.2012 Official
Journal
of
the
European
Union L
134/21
Ireland to take part in some of the provisions of the
(16) The
measures provided for in this Decision are in
Schengen acquis ( 1 ). The United Kingdom is therefore
accordance with the opinion of the Committee set up
not bound by it or subject to its application.
by Article 51(1) of Regulation (EC) No 1987/2006 of the
European Parliament and of the Council of 20 December
(10) This
Decision
constitutes
a
development
of
provisions
of
2006 on the establishment, operation and use of
the Schengen acquis in which Ireland does not take part,
the second generation Schengen Information System
in accordance with Council Decision 2002/192/EC of
(SIS II) ( 8 ),
28 February 2002 concerning Ireland’s request to take
part in some of the provisions of the Schengen acquis (
HAS ADOPTED THIS DECISION:

2 ).
Ireland is therefore not bound by it or subject to its
Article 1
application.
The regions where the collection and transmission of data to
the Visa Information System (VIS) shall start, after the regions
(11) As
regards
Iceland
and
Norway,
this
Decision
constitutes
a development of the provisions of the Schengen acquis
determined by Decision 2010/49/EC, according to Article 48(3)
within the meaning of the Agreement concluded by the
of Regulation (EC) No 767/2008, are the following:
Council of the European Union and the Republic of
— The fourth region:
Iceland and the Kingdom of Norway concerning the
latters’ association with the implementation, application
Benin,
and development of the Schengen acquis ( 3 ), which
fall within the area referred to in Article 1, point B
Burkina Faso,
of Council Decision 1999/437/EC
( 4 ) on certain
arrangements for the application of that Agreement.
Cape Verde,
Cte d’Ivoire,
(12) As
regards
Switzerland,
this
Decision
constitutes
a
devel
opment of the provisions of the Schengen acquis within
The Gambia,
the meaning of the Agreement between the European
Union, the European Community and the Swiss Confed
Ghana,
eration on the Swiss Confederation’s association with the
implementation, application and development of the
Guinea,
Schengen acquis ( 5 ), which fall within the area referred
to in Article 1, point B of Decision 1999/437/EC read in
Guinea-Bissau,
conjunction with Article 3 of Council Decision
Liberia,
2008/146/EC ( 6 ).
Mali,
(13) As
regards Liechtenstein, this Decision constitutes a
development of the provisions of the Schengen acquis
Niger,
within the meaning of the Protocol between the
Nigeria,
European Union, the European Community, the Swiss
Confederation and the Principality of Liechtenstein on
Senegal,
the accession of the Principality of Liechtenstein to the
Agreement between the European Union, the European
Sierra Leone,
Community and the Swiss Confederation on the Swiss
Confederation’s association with the implementation,
Togo.
application and development of the Schengen acquis,
which fall within the area referred to in Article 1,
— The fifth region:
point B of Decision 1999/437/EC read in conjunction
with Article 3 of Council Decision 2011/350/EU (
Burundi,

7 ).
Cameroon,
(14) As
regards Cyprus, this Decision constitutes an act
building upon, or otherwise related to, the Schengen
Central African Republic,
acquis within the meaning of Article 3(2) of the 2003
Act of Accession.
Chad,
Congo,
(15) As regards Bulgaria and Romania, this Decision
constitutes an act building upon or otherwise related to
Democratic Republic of the Congo,
the Schengen acquis within the meaning of Article 4(2) of
the 2005 Act of Accession.
Equatorial Guinea,
Gabon,
( 1 ) OJ L 131, 1.6.2000, p. 43.
( 2 ) OJ L 64, 7.3.2002, p. 20.
Rwanda,
( 3 ) OJ L 176, 10.7.1999, p. 36.
( 4 ) OJ L 176, 10.7.1999, p. 31.
So Tomé and Príncipe.
( 5 ) OJ L 53, 27.2.2008, p. 52.
( 6 ) OJ L 53, 27.2.2008, p. 1.
( 7 ) OJ L 160, 18.6.2011, p. 19.
( 8 ) OJ L 381, 28.12.2006, p. 4.

---

L 134/22
EN
Official Journal of the European Union
24.5.2012
— The sixth region:
Uruguay,
Comoros,
Venezuela.
Djibouti,
— The ninth region:
Eritrea,
Kazakhstan,
Ethiopia,
Kyrgyzstan,
Kenya,
Tajikistan,
Madagascar,
Turkmenistan,
Mauritius,
Uzbekistan.
Seychelles,
— The 10th region:
Somalia,
Brunei,
South Sudan,
Burma/Myanmar,
Sudan,
Cambodia,
Tanzania,
Indonesia,
Uganda.
Laos,
— The seventh region:
Malaysia,
Angola,
Philippines,
Botswana,
Singapore,
Lesotho,
Thailand,
Malawi,
Vietnam.
Mozambique,
— The 11th region:
Namibia,
The occupied Palestinian territory.
South Africa,
Article 2
Swaziland,
This Decision is addressed to the Kingdom of Belgium, the
Zambia,
Republic of Bulgaria, the Czech Republic, the Federal Republic
of Germany, the Republic of Estonia, the Hellenic Republic, the
Zimbabwe.
Kingdom of Spain, the French Republic, the Italian Republic, the
— The eighth region:
Republic of Cyprus, the Republic of Latvia, the Republic of
Lithuania, the Grand Duchy of Luxembourg, Hungary, the
Argentina,
Republic of Malta, the Kingdom of the Netherlands, the
Republic of Austria, the Republic of Poland, the Portuguese
Bolivia,
Republic, Romania, the Republic of Slovenia, the Slovak
Brazil,
Republic, the Republic of Finland and the Kingdom of Sweden.
Chile,
Colombia,
Done at Brussels, 24 April 2012.
Ecuador,
For the Commission
Paraguay,
Cecilia MALMSTRM
Peru,
Member of the Commission

---

Document Outline

• �

---