HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
22.9.2012 Official
Journal
of
the
European
Union L
256/21
DECISIONS
COMMISSION IMPLEMENTING DECISION
of 21 September 2012
determining the date from which the Visa Information System (VIS) is to start operations in a third
region
(2012/512/EU)
THE EUROPEAN COMMISSION,
(5) Given
that
the
VIS
Regulation
builds
upon
the
Schengen
acquis, Denmark notified the implementation of the VIS
Regulation in its national law in accordance with
Article 5 of the Protocol on the position of Denmark
Having regard to the Treaty on the Functioning of the European
annexed to the Treaty on European Union and to the
Union,
Treaty establishing the European Community. Denmark
is therefore bound under international law to implement
this Decision.
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 48(3) thereof,
(6) This
Decision
constitutes
a
development
of
provisions
of
the Schengen acquis in which the United Kingdom does
not take part, in accordance with Council Decision
Whereas:
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 (
(1) According
to
Commission
Decision
2010/49/EC
of

3 ). The United Kingdom is therefore
30 November 2009 determining the first regions for
not bound by it or subject to its application.
the start of operations of the Visa Information System
(VIS) ( 2 ), the third region where the collection and trans
mission of data to the VIS for all applications should
start comprises Afghanistan, Bahrain, Iran, Iraq, Kuwait,
Oman, Qatar, Saudi Arabia, United Arab Emirates and
(7) This
Decision
constitutes
a
development
of
provisions
of
Yemen.
the Schengen acquis in which Ireland does not take part,
in accordance with Council Decision 2002/192/EC of
28 February 2002 concerning Ireland’s request to take
(2) The
Member
States
have
notified
the
Commission
that
part in some of the provisions of the Schengen acquis ( 4 ).
they have made the necessary technical and legal
Ireland is therefore not bound by it or subject to its
arrangements to collect and transmit the data referred
application.
to in Article 5(1) of the VIS Regulation to the VIS for
all applications in that region, including arrangements for
the collection and/or transmission of the data on behalf
of another Member State.
(8) As
regards
Iceland
and
Norway,
this
Decision
constitutes
a development of the provisions of the Schengen acquis
(3) The
condition
laid
down
by
the
first
sentence
of
within the meaning of the Agreement concluded by the
Article 48(3) of the VIS Regulation thus being fulfilled,
Council of the European Union and the Republic of
it is therefore necessary to determine the date from
Iceland and the Kingdom of Norway concerning the
which the VIS is to start operations in a third region.
latters’ association with the implementation, application
and development of the Schengen acquis ( 5 ), which fall
within the area referred to in Article 1, point B of
Council Decision 1999/437/EC of 17 May 1999 on
(4)
In view of the need to set the date for the start of the VIS
certain arrangements for the application of that Agree
in the very near future this Decision should enter into
ment ( 6 ).
force on the day of its publication in the Official Journal
of the European Union.
( 3 ) OJ L 131, 1.6.2000, p. 43.
( 4 ) OJ L 64, 7.3.2002, p. 20.
( 1 ) OJ L 218, 13.8.2008, p. 60.
( 5 ) OJ L 176, 10.7.1999, p. 36.
( 2 ) OJ L 23, 27.1.2010, p. 62.
( 6 ) OJ L 176, 10.7.1999, p. 31.

---

L 256/22
EN
Official Journal of the European Union
22.9.2012
(9) As
regards
Switzerland,
this
Decision
constitutes
a
devel
(12) As regards Bulgaria and Romania, this Decision
opment of the provisions of the Schengen acquis within
constitutes an act building upon, or otherwise related
the meaning of the Agreement between the European
to, the Schengen acquis within the meaning of Article 4(2)
Union, the European Community and the Swiss Confed
of the 2005 Act of Accession,
eration on the Swiss Confederation’s association with the
implementation, application and development of the
HAS ADOPTED THIS DECISION:
Schengen acquis ( 1 ), which fall within the area referred
to in Article 1, point B of Decision 1999/437/EC read
Article 1
in conjunction with Article 3 of Council Decision
2008/146/EC (
The Visa Information System shall start operations in the third

2 ).
region determined by Decision 2010/49/EC on 2 October
(10) As
regards Liechtenstein, this Decision constitutes a
2012.
development of the provisions of the Schengen acquis
within the meaning of the Protocol between the
Article 2
European Union, the European Community, the Swiss
This Decision shall enter into force on the day of its publication
Confederation and the Principality of Liechtenstein on
in the Official Journal of the European Union.
the accession of the Principality of Liechtenstein to the
Agreement between the European Union, the European
Community and the Swiss Confederation on the Swiss
Article 3
Confederation’s association with the implementation,
This Decision shall apply in accordance with the Treaties.
application and development of the Schengen acquis,
which fall within the area referred to in Article 1,
point B of Decision 1999/437/EC read in conjunction
with Article 3 of Council Decision 2011/350/EU (
Done at Brussels, 21 September 2012.

3 ).
(11) As
regards Cyprus, this Decision constitutes an act
For the Commission
building upon, or otherwise related to, the Schengen
acquis within the meaning of Article 3(2) of the 2003
The President
Act of Accession.
José Manuel BARROSO
( 1 ) OJ L 53, 27.2.2008, p. 52.
( 2 ) OJ L 53, 27.2.2008, p. 1.
( 3 ) OJ L 160, 18.6.2011, p. 19.

---

Document Outline

• �

---