Date: 2021-06-21Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2021/995 of 18 June 2021 determining the date on which Council Decision (EU) 2017/1908 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 shall start to apply
Issued by European Commission
· Directorate-General for Migration and Home Affairs
Executive Summary:
This Commission Implementing Decision (EU) 2021/995 determines that Council Decision (EU) 2017/1908, regarding the implementation of certain Schengen acquis provisions related to the Visa Information System (VIS) in Bulgaria and Romania, will start to apply on 25 July 2021. This decision follows successful completion of comprehensive tests by eu-LISA, Bulgaria, and Romania. Bulgaria and Romania have notified the Commission of the successful completion of the tests.
Key Points / Main Content:
* **Applicability of Council Decision (EU) 2017/1908:**
* Council Decision (EU) 2017/1908, concerning the Schengen acquis relating to the Visa Information System, will apply to Bulgaria and Romania.
* The provisions referred to in the Annex to that Decision apply to Bulgaria and Romania.
* **Date of Application:**
* Decision (EU) 2017/1908 shall apply from 25 July 2021.
* **Notifications and Testing:**
* Bulgaria and Romania successfully completed comprehensive tests, as verified by eu-LISA.
* Romania notified the Commission of successful test completion on 15 December 2020.
* Bulgaria notified the Commission of successful test completion on 19 January 2021.
* **Schengen Acquis Development:**
* The Decision constitutes a development of the provisions of the Schengen acquis for Iceland, Norway, Switzerland and Liechtenstein.
* **Entry Into Force:**
* This Decision enters into force on the twentieth day following its publication in the Official Journal of the European Union.
Impact Analysis:
* European Commission:
* Impact: Responsible for determining the date of application based on notifications from Bulgaria and Romania.
* Action Required: Ensure the decision is implemented and monitor its effects.
* Republic of Bulgaria and Romania:
* Impact: Implementation of the Schengen acquis provisions relating to the Visa Information System.
* Action Required: Apply the provisions of the Schengen acquis related to VIS from 25 July 2021.
* eu-LISA:
* Impact: Already verified the readiness of Bulgarian and Romanian VIS national systems.
* Action Required: Monitor and maintain the integrated Visa Information System.
* Iceland, Norway, Switzerland and Liechtenstein:
* Impact: This decision constitutes a development of the provisions of the Schengen acquis.
* Action Required: Incorporate the development of the provisions of the Schengen acquis into their national laws.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Republic of Bulgaria: One of the countries to which the Schengen acquis relating to the Visa Information System shall start to apply.
Romania: One of the countries to which the Schengen acquis relating to the Visa Information System shall start to apply.
Schengen acquis: The body of law which regulates the abolition of border controls between many European countries.
Visa Information System: A system for the exchange of data on visas between Schengen States.
European Union Agency for the Operational Management of LargeScale IT Systems in the Area of Freedom, Security and Justice euLISA: The EU agency responsible for the operational management of large-scale IT systems in the area of freedom, security and justice.
Council Decision EU 2017/1908: 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.
Ursula VON DER LEYEN: The President of the European Commission.
21.6.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 219/37
DECISIONS
COMMISSION IMPLEMENTING DECISION (EU) 2021/995
of 18 June 2021
determining the date on which Council Decision (EU) 2017/1908 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 shall start to apply
THE EUROPEAN COMMISSION,
Having regard to the Act of Accession of the Republic of Bulgaria and Romania,
Having regard to Council Decision (EU) 2017/1908 of 12 October 2017on the putting into effect of certain provisions of
the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania(1), and in particular
Article 2, second paragraph, thereof,
Whereas:
(1) Pursuant to Decision (EU) 2017/1908 the provisions of the Schengen acquis relating to the Visa Information System
referred to in the Annex to that Decision are to apply to Bulgaria and Romania following the successful completion
of all related comprehensive tests carried out by the European Union Agency for the Operational Management of
Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), Bulgaria and Romania and the
Commission being notified that those tests have been successfully completed.
(2) Decision (EU) 2017/1908 is to apply from a date, to be determined by the Commission, when Bulgaria and Romania
notify the Commission that the comprehensive tests have been successfully completed.
(3) In accordance with Article 1(1) of Decision (EU) 2017/1908, eu-LISA has verified that, from a technical point of
view, the Bulgarian and Romanian VIS national systems are ready to integrate into the Visa Information System.
(4) By letter of 15 December 2020, Romania notified the Commission that the comprehensive tests referred to in
Article 1(1) of Decision (EU) 2017/1908, with regard to the provisions listed in the Annex to that Decision, have
been successfully completed.
(5) By letter of 19 January 2021, Bulgaria notified the Commission that the comprehensive tests referred to in Article
1(1) of Decision (EU) 2017/1908, with regard to the provisions listed in the Annex to that Decision, have been
successfully completed.
(6) Bulgaria and Romania thus having completed the necessary technical arrangements and duly notified the
Commission thereof, the date on which Decision (EU) 2017/1908 is to start to apply should be determined.
(7) 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 two latter States’ association with the implementation, application and
development of the Schengen acquis(2)which fall within the area referred to in Article 1, points B and G of Council
Decision 1999/437/EC(3).
(8) 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(4) which fall within the area referred to in Article 1, points B and G of Decision 1999/437/EC, read in
conjunction with Article 3 of Council Decision 2008/146/EC(5).
(1) OJ L 269, 19.10.2017, p. 39.
(2) OJ L 176, 10.7.1999, p. 36.
(3) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application 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 (OJ L 176, 10.7.1999, p. 31).
(4) OJ L 53, 27.2.2008, p. 52.
(5) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, 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 (OJ L 53, 27.2.2008, p. 1).L 219/38 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 21.6.2021
(9) 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(6)which fall within the area referred
to in Article 1, points B and G of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision
2011/350/EU(7),
HAS ADOPTED THIS DECISION:
Article 1
Decision (EU) 2017/1908 shall apply from 25 July 2021.
Article 2
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union.
Done at Brussels, 18 June 2021.
For the Commission
The President
Ursula VON DER LEYEN
(6) OJ L 160, 18.6.2011, p. 21.
(7) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 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, relating to the
abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).