Comment on the draft proposal for a Regulation concerning the Visa Information System (VIS), COM (2004) 835
The Standing Committee repeats its general concerns with regard to the establishment of the Visa Information System (VIS) as expressed during the consultation. The present proposal for a Regulation on VIS should not be adopted on the following grounds:
– The necessity of a new large scale database with risk and an extensive impact on the privacy and human rights of individuals has not been justified.
– Before the establishment of VIS, Member States should adopt clearly harmonized rules on procedures for visa applications by revising first the Common Consular Instructions (CCI).
– The actual decision-making with regard to VIS lacks democratic accountability.
– The draft proposal of the Commission includes only a partial regulation of the future functioning of VIS. Important issues on the future use and impact of VIS have not been provided for in this proposal. Therefore, a complete and transparent assessment of the value or effects of VIS cannot be made by the European Parliament nor by the national parliaments.
– The proposal does not provide for a legal framework with regard to the powers of national authorities, the consequences of a VIS registration for the legal position of the persons concerned, nor the possible access by other authorities to VIS.
– The role given to (EU and national) data protection authorities, neglects their difficult and overburdened position. At this moment these organizations lack sufficient financial means and powers to protect effectively the rights of the individuals concerned. The VIS Regulation should only be adopted after sufficient means and effective control powers to control the use of VIS have been granted to the data protection authorities.
– The present proposal does not provide for effective legal protection for the individuals whose information will be stored into VIS.
Comment on the draft proposal for a Regulation concerning the Visa Information System (VIS), COM (2004) 835
The Standing Committee repeats its general concerns with regard to the establishment of the Visa Information System (VIS) as expressed during the consultation. The present proposal for a Regulation on VIS should not be adopted on the following grounds:
Download comment– The necessity of a new large scale database with risk and an extensive impact on the privacy and human rights of individuals has not been justified.
– Before the establishment of VIS, Member States should adopt clearly harmonized rules on procedures for visa applications by revising first the Common Consular Instructions (CCI).
– The actual decision-making with regard to VIS lacks democratic accountability.
– The draft proposal of the Commission includes only a partial regulation of the future functioning of VIS. Important issues on the future use and impact of VIS have not been provided for in this proposal. Therefore, a complete and transparent assessment of the value or effects of VIS cannot be made by the European Parliament nor by the national parliaments.
– The proposal does not provide for a legal framework with regard to the powers of national authorities, the consequences of a VIS registration for the legal position of the persons concerned, nor the possible access by other authorities to VIS.
– The role given to (EU and national) data protection authorities, neglects their difficult and overburdened position. At this moment these organizations lack sufficient financial means and powers to protect effectively the rights of the individuals concerned. The VIS Regulation should only be adopted after sufficient means and effective control powers to control the use of VIS have been granted to the data protection authorities.
– The present proposal does not provide for effective legal protection for the individuals whose information will be stored into VIS.
Published on
2 April 2005