Council Decision (EU) 2017/1908 of 12 October 2017 on the putting into effect of certain provisions of the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania

• CELEX: Decision (EU) 2017/1908
• Articles: 4

Article 1

1.   The provisions of the Schengen acquis relating to the VIS referred to in the Annex shall apply to Bulgaria and Romania, amongst themselves and in their relations with the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden as well as with the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation. These provisions shall apply following the successful completion of all related comprehensive tests with regard to the provisions listed in the Annex to be carried out by eu-LISA, Bulgaria and Romania and the Commission being notified that those tests have been successfully completed. In addition, Bulgaria and Romania may invite experts from Member States and the Commission to perform reviews of the application of those provisions.

2.   Until the adoption of the Council decision lifting the checks at internal borders of the Member States, the competent visa authorities of Bulgaria and Romania may access the VIS for consultation in read-only format, for the purposes of:

(a)

the examination of applications for short-stay visas to be issued by Bulgaria and Romania under their national law;

(b)

deciding upon those applications, including the decision whether to annul, revoke, extend or shorten the validity of the visa issued in accordance with their relevant national provisions.

Article 2

This Decision shall enter into force on the date of its adoption.

It shall apply from the date, to be determined by the Commission, when Bulgaria and Romania notify the Commission that the comprehensive tests referred to in Article 1(1) have been successfully completed.

Article 3

This Decision shall apply in accordance with the Treaties.

Schedules & Appendices

ANNEX

ANNEX

List of the provisions of the Schengen acquis related to VIS to be rendered applicable to Bulgaria and Romania

1.

Articles 1 and 126 to 130 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (‘the Schengen Convention’) ( OJ L 239, 22.9.2000, p. 19 ) to the extent that they relate to other provisions referred to in this Annex;

2.

Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) ( OJ L 213, 15.6.2004, p. 5 );

3.

The following provisions 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) ( OJ L 218, 13.8.2008, p. 60 ):

—

Chapter I with the exception of Article 6(1)

—

Article 15, which shall apply mutatis mutandis to the examination of applications for short-stay visas to be issued by Bulgaria and Romania under their national law, including decisions regarding those applications

—

Chapter III

—

Chapter V, with the exclusion of Article 31(2) and (3)

—

Chapter VI and VII with the exception of Article 50(6)

4.

Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences ( OJ L 218, 13.8.2008, p. 129 );

5.

Article 21(2), Article 37(1) and 43(5) of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) ( OJ L 243, 15.9.2009, p. 1 );

6.

Commission Decision 2009/756/EC of 9 October 2009 laying down specifications for the resolution and use of fingerprints for biometric identification and verification in the Visa Information System ( OJ L 270, 15.10.2009, p. 14 );

7.

Commission Decision 2009/876/EC of 30 November 2009 adopting technical implementing measures for entering the data and linking applications, for accessing the data, for amending, deleting and advance deleting of data and for keeping and accessing the records of data processing operations in the Visa Information System ( OJ L 315, 2.12.2009, p. 30 ), to the extent that this Decision relates to the examination of visa applications;

8.

Title II and the Annexes to Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) ( OJ L 77, 23.3.2016, p. 1 ) to the extent that they relate to VIS.