A/HRC/23/46 56. Council Decision 2010/252/EU supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by Frontex at the external borders of the Member States of the EU (the external sea borders rule) provides rules on, inter alia, the seizing of ships and apprehending persons on board; and conducting the ship or persons on board to a third country or otherwise handing over the ship or persons on board to the authorities of a third country. 57. In a judgment of 5 September 2012, the European Court of Justice decided that the Council Decision must be annulled in its entirety because it contains essential elements of the surveillance of the sea external borders of the Member States which go beyond the scope of the additional rules governing surveillance which may be adopted in accordance with article 12.5 of the Schengen Borders Code, and only the EU legislature was entitled to adopt such a decision. The Court stated, inter alia, that “the fundamen tal rights of the persons concerned may be interfered with to such an extent that the involvement of the European Union legislature is required.” The Commission intends to present a legislative proposal in early 2013 to replace the external sea borders rule due to its annulment by the Court. 58. The Schengen Information System (SIS) was created as a shared database used by authorities of the Schengen States to exchange data on certain categories of people and goods, and provides information on migrants who are refused entry. If a person has been registered in SIS, they may be refused entry upon attempting to re-enter the Schengen territory, even if in possession of the required documents. Work on a new, more advanced version of SIS, known as the second generation Schengen Information System (SIS II), is ongoing. 59. The Visa Information System (VIS) is a Schengen instrument which allows Schengen States to exchange data on visa information. It consists of a central IT system and of a communication infrastructure that links this central system to national systems. It connects consulates in non-EU countries and all external border crossing points of Schengen States, and processes data and decisions relating to applications for short -stay visas to visit, or to transit through, the Schengen Area. 2. Frontex 60. Frontex was established in 2005 to strengthen and coordinate the surveillance and control of the EU’s external borders and promote integrated border management by coordinating the operational cooperation of EU Member States and Schengen Associated Countries. Its activities were complemented in 2006 by the adoption of the Schengen Borders Code, and in 2007 by the adoption of the External Borders Fund. 61. Established by Council Regulation (EC) 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, Frontex is charged with coordinating operational cooperation between Member States in the field of management of external borders; assisting Member States on training of national border guards, including the establishment of common training standards; carrying out risk analyses; following up on the development of research relevant for the control and surveillance of external borders; assisting Member States in circumstances requiring increased technical and operational assistance at external borders; and providing Member States with the necessary support in organizing joint return operations. Frontex may upon request from a Member State deploy a pool of national border guards employed by Member States, called European Border Guard Teams (EBGT), for possible deployment during joint operations and pilot projects. 62. On 31 March 2011, the Frontex Management Board endorsed a Fundamental Rights Strategy, which considers that respect and promotion of fundamental rights are 33