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1.5.2012 Official
Journal
of
the
European
Union L
117/9
COMMISSION IMPLEMENTING DECISION
of 27 April 2012
determining the date from which the Visa Information System (VIS) is to start operations in a
second region
(2012/233/EU)
THE EUROPEAN COMMISSION,
of the United Kingdom of Great Britain and Northern
Ireland to take part in some of the provisions of the
Having regard to the Treaty on the Functioning of the European
Schengen acquis ( 3 ). The United Kingdom is therefore
Union,
not bound by it or subject to its application.
Having regard to Regulation (EC) No 767/2008 of the European
(7) This
Decision
constitutes
a
development
of
provisions
of
Parliament and of the Council of 9 July 2008 concerning the
the Schengen acquis in which Ireland does not take part,
Visa Information System (VIS) and the exchange of data
in accordance with Council Decision 2002/192/EC of
between Member States on short-stay visas (VIS Regulation) ( 1 ),
28 February 2002 concerning Ireland’s request to take
and in particular Article 48(3) thereof,
part in some of the provisions of the Schengen acquis ( 4 ).
Ireland is therefore not bound by it or subject to its
Whereas:
application.
(1) According
to
Commission
Decision
2010/49/EC
of (8) As
regards
Iceland
and
Norway,
this
Decision
constitutes
30 November 2009 determining the first regions for
a development of the provisions of the Schengen acquis
the start of operations of the Visa Information System
within the meaning of the Agreement concluded by the
(VIS) ( 2 ), the second region where the collection and
Council of the European Union and the Republic of
transmission of data to the VIS for all applications
Iceland and the Kingdom of Norway concerning the
should start comprises Israel, Jordan, the Lebanon and
latters’ association with the implementation, application
Syria.
and development of the Schengen acquis ( 5 ), which fall
within the area referred to in Article 1, point B of
(2) The
Member
States
have
notified
the
Commission
that
Council Decision 1999/437/EC
( 6 ) on certain
they have made the necessary technical and legal
arrangements for the application of that Agreement.
arrangements to collect and transmit the data referred
to in Article 5(1) of the VIS Regulation to the VIS for
(9) As
regards
Switzerland,
this
Decision
constitutes
a
devel
all applications in that region, including arrangements for
opment of the provisions of the Schengen acquis within
the collection and/or transmission of the data on behalf
the meaning of the Agreement between the European
of another Member State.
Union, the European Community and the Swiss Confed
eration on the Swiss Confederation’s association with the
(3) The
condition
laid
down
by
the
first
sentence
of
implementation, application and development of the
Article 48(3) of the VIS Regulation thus being fulfilled,
Schengen acquis ( 7 ), which fall within the area referred
it is therefore necessary to determine the date from
to in Article 1, point B of Decision 1999/437/EC read
which the VIS is to start operations in a second region.
in conjunction with Article 3 of Council Decision
2008/146/EC ( 8 ).
(4)
In view of the need to set the date for the start of the VIS
in the very near future this Decision should enter into
(10) As regards
Liechtenstein, this Decision constitutes a
force on the day of its publication in the Official Journal
development of the provisions of the Schengen acquis
of the European Union.
within the meaning of the Protocol between the
European Union, the European Community, the Swiss
(5)
Given that the VIS Regulation builds upon the Schengen
Confederation and the Principality of Liechtenstein on
acquis, Denmark notified the implementation of the VIS
the accession of the Principality of Liechtenstein to the
Regulation in its national law in accordance with
Agreement between the European Union, the European
Article 5 of the Protocol on the position of Denmark
Community and the Swiss Confederation on the Swiss
annexed to the Treaty on European Union and to the
Confederation’s association with the implementation,
Treaty establishing the European Community. Denmark
application and development of the Schengen acquis,
is therefore bound under international law to implement
which fall within the area referred to in Article 1,
this Decision.
point B of Decision 1999/437/EC read in conjunction
with Article 3 of Council Decision 2011/350/EU ( 9 ).
(6) This
Decision
constitutes
a
development
of
provisions
of
the Schengen acquis in which the United Kingdom does
( 3 ) OJ L 131, 1.6.2000, p. 43.
not take part, in accordance with Council Decision
( 4 ) OJ L 64, 7.3.2002, p. 20.
2000/365/EC of 29 May 2000 concerning the request
( 5 ) OJ L 176, 10.7.1999, p. 36.
( 6 ) OJ L 176, 10.7.1999, p. 31.
( 7 ) OJ L 53, 27.2.2008, p. 52.
( 1 ) OJ L 218, 13.8.2008, p. 60.
( 8 ) OJ L 53, 27.2.2008, p. 1.
( 2 ) OJ L 23, 27.1.2010, p. 62.
( 9 ) OJ L 160, 18.6.2011, p. 19.

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L 117/10
EN
Official Journal of the European Union
1.5.2012
(11) As
regards Cyprus, this Decision constitutes an act
Article 2
building upon, or otherwise related to, the Schengen
acquis within the meaning of Article 3(2) of the 2003
This Decision shall enter into force on the day of its publication
Act of Accession.
in the Official Journal of the European Union.
(12) As regards Bulgaria and Romania, this Decision
Article 3
constitutes an act building upon, or otherwise related
This Decision shall apply in accordance with the Treaties.
to, the Schengen acquis within the meaning of Article 4(2)
of the 2005 Act of Accession,
HAS ADOPTED THIS DECISION:
Done at Brussels, 27 April 2012.
Article 1
For the Commission
The Visa Information System shall start operations in the
second region determined by Decision 2010/49/EC on
The President
10 May 2012.
José Manuel BARROSO

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Document Outline

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