Commission Implementing Decision (EU) 2022/2413

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,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 information between Member States on short-stay visas, long-stay visas and residence permits (VIS Regulation)^note, and in particular Article 29(2a), second subparagraph, and Article 29a(3), second subparagraph thereof,Whereas:

(1)Regulation (EC) No 767/2008 established the Visa Information System (VIS) for the exchange of data between Member States on applications for short-stay visas, long-stay visas and residence permits, and on the decision taken to annul, revoke or extend the short-stay visas, long-stay visas and residence permits.

(2)The European Union Agency for the Operational Management of Large-Scale IT systems in the Area of Freedom, Security and Justice (‘eu-LISA’) should develop and maintain an automated mechanism and procedures for ensuring the quality of data stored in the VIS. The solution implemented by eu-LISA should contain rules preventing the users of the system from entering low quality data. The users of the system should further be assisted by guidance within the system to further increasing the quality of data entered into VIS.

(3)eu-LISA should regularly monitor the compliance with data quality rules set out in this Decision and take appropriate remedial measures where required. In particular, eu-LISA should verify if each data is complete, accurate, consistent, unique and conforms to data quality rules.

(4)Given that Regulation (EU) 2021/1134 of the European Parliament and of the Council^note builds upon the Schengen acquis, in accordance with Article 4 of Protocol No 22 on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark notified the implementation of Regulation (EU) 2021/1134 in its national law. Denmark is therefore, bound by this Decision.

(5)This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part^note. Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(6)As regards Iceland and Norway, this Decision constitutes a development of the provisions 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 association of those two States with the implementation, application and development of the Schengen acquis^note which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC^note.

(7)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^note 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^note.

(8)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^note 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^note.

(9)This Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis, within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2011 Act of Accession.

(10)The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council^note and delivered an opinion on 13 July 2022.

(11)The measures provided for in this Decision are in accordance with the opinion of the Smart Borders Committee,

HAS ADOPTED THIS DECISION: