Visuminformasjonssystemet (VIS): tekniske spesifikasjoner om VIS Mail Communication Mechanism

Tittel

(Utkast) Kommisjonens gjennomføringsbeslutning om de tekniske spesifikasjonene for VIS Mail Communication Mechanism i forbindelse med europaparlaments- og rådsforordning (EF) nr. 767/2008 og om oppheving av kommisjonsvedtak 2009/377/EF og Kommisjonens gjennomføringsbeslutning C(2012) 1301

(Draft) Commission Implementing Decision on the technical specifications for the VIS Mail Communication Mechanism for the purposes of Regulation (EC) No 767/2008 of the European Parliament and of the Council and repealing Commission Decision 2009/377/EC and Commission Implementing Decision C(2012) 1301

Siste nytt

Utkast til kommisjonsbeslutning godkjent av komite 28.4.2015

Avtalegrunnlag:
Schengen-avtalen

Nærmere omtale

BAKGRUNN (fra kommisjonsbeslutningen, engelsk utgave)

(1) Pursuant to Article 16 of Regulation (EC) No 767/2008, VIS Mail was developed as a communication network for the transmission of information for consular cooperation, the transmission of supporting documents, the correction of data and for advance data deletion.
(2) Commission Implementing Decision C(2012) 1301 of 29 February 2012 laid down the technical specifications for the VIS Mail Communication Mechanism incorporating both the Schengen Consultation Network and the VIS Mail built upon Commission Decision 2009/377/EC . The VIS Mail Communication Mechanism should replace VIS Mail from the date referred to in Article 46 of Regulation (EC) No 767/2008.

(3) Member States identified additional interpretation issues of the VIS Mail Communication Mechanism which require subsequent changes to the technical specifications thereof. In the interest of legal certainty it is appropriate to replace Implementing Decision C(2012) 1301.

(4) Regulation (EC) No 45/2001 of the European Parliament and of the Council applies to the data processing via the VIS Mail Communication Mechanism.

(5) Given that Regulation (EC) No 767/2008 builds upon the Schengen acquis, on 13 October 2008 Denmark, in accordance with Article 5 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, decided to implement Regulation (EC) No 767/2008 in its national law. Denmark is therefore bound under international law to implement this Decision.

(6) In accordance with Council Decision 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, the United Kingdom has not taken part in the adoption of Regulation 767/2008/EC and is not bound by it or subject to its application as it constitutes a development of provisions of the Schengen acquis. The United Kingdom is therefore not an addressee of this Decision.

(7) In accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis, Ireland has not taken part in the adoption of Regulation 767/2008/EC and is not bound by it or subject to its application as it constitutes a development of provisions of the Schengen acquis. Ireland is therefore not an addressee of this Decision.

(8) As regards Cyprus, this Decision constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession.

(9) As regards Bulgaria and Romania this Decision constitutes an act building upon, or otherwise related to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession.

(10) As regards Croatia, this Decision constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 4(1) of the 2012 Act of Accession.

(11) As regards Iceland and Norway, this Decision constitutes a development of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC .

(12) As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, 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 2008/146/EC .

(13) As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, 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 .

(14) The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001.

(15) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 51 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council.

Nøkkelinformasjon

EU



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Dato
28.04.2015
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