In accordance with Article 48(1) and (3) of Regulation (EC) No 767/2008, the Commission is to determine the date from which the VIS starts operations in the first region and the date from which it becomes mandatory in each subsequent region to transfer to the VIS all data: alphanumeric data, photographs and fingerprints. Before the transfer of all data has become mandatory in a region, Member States can already collect and transmit to the VIS alphanumeric data and photographs, and optionally also the fingerprints, in any location as soon as they have notified the Commission that they have made the necessary technical and legal arrangements to do so. As a consequence, three situations can coexist as regards the registration in the VIS.

In the regions where the collection and transmission of visa data to the VIS has become mandatory following a decision by the Commission, all data referred to in Article 5(1) of the VIS Regulation, including the fingerprints for each applicant, will be registered in the VIS, except in the cases where the applicant is exempted from the requirement to provide fingerprints in accordance with Article 13(7) of the Visa Code. In locations where the use of the VIS is not yet mandatory, Member States may similarly decide to collect and register in the VIS all data referred to in Article 5(1) of the VIS Regulation, including the fingerprints, of each visa applicant.

However, in these locations where the use of the VIS has not yet become mandatory, one or more Member States may not register visa applicants in the VIS yet; while other Member States may register only alphanumeric data and photographs of visa applicants.

To facilitate controls at the external borders, a specific code should be added on the visa sticker to indicate that the visa holder is registered in the VIS. The absence of such code should be without prejudice to Member States’ obligation to run searches on entry at the external borders of the Schengen area against the VIS for all visa holders, as laid down in Article 7(3) of the Schengen Borders Code. In situations where no data has been registered and where border authorities consequently receive a negative answer from the VIS, the fact that no code appears on the visa sticker will confirm to the border authorities that such a negative answer is not due to a technical problem (false negative identification) or fraud.

A specific code should also be added on the visa sticker to indicate situations where the visa holder is registered in the VIS but his fingerprints were not collected because the collection of fingerprints was not yet mandatory in the region concerned. The presence of such a code should be without prejudice to the obligation to run searches in the VIS by using the visa sticker number in combination with the verification of the fingerprints from 3 years after the start of operations in the first region.

Annex VII to Regulation (EC) No 810/2009 should be amended to ensure the harmonised application by Member States of the codes relating to the registration of visa holders and their fingerprints in the VIS.

Given that Regulation (EC) No 810/2009 builds upon the Schengen acquis in accordance with Article 5 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community and Article 4 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on the European Union and the Treaty on the Functioning of the European Union, Denmark notified the implementation of this acquis in its national law. It is therefore bound under international law to implement this Regulation.

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

This Regulation 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.

The measures provided for in this Regulation are in accordance with the opinion of the Visa Committee,