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Document 32009D1024
Council Decision of 22 December 2009 amending the Schengen consultation network (technical specifications)
Council Decision of 22 December 2009 amending the Schengen consultation network (technical specifications)
Council Decision of 22 December 2009 amending the Schengen consultation network (technical specifications)
IO L 353, 31.12.2009, p. 49–67
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) Foilsíodh an doiciméad seo in eagrán speisialta
(HR)
In force
31.12.2009 |
EN |
Official Journal of the European Union |
L 353/49 |
COUNCIL DECISION
of 22 December 2009
amending the Schengen consultation network (technical specifications)
(2009/1024/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EC) No 789/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications (1), and in particular Article 1(2) thereof,
Having regard to the initiative by the Czech Republic,
Whereas:
(1) |
The Schengen consultation network has been established to allow consultation between the central authorities of the Member States in relation to visa applications submitted by nationals from certain third countries. |
(2) |
Article 22 of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (2) modifies the current rules applicable where a Member State has required the central authorities of other Member States to consult its central authorities during the examination of applications lodged by nationals of specific third countries or specific categories of such nationals. The technical specifications of the Schengen consultation network should be amended accordingly. |
(3) |
Article 31 of the Visa Code allows a Member State to require that its central authorities be informed of visas issued by other Member States to nationals of specific third countries or to specific categories of such nationals, except in the case of airport transit visas. |
(4) |
The transmission of such information requires the creation of a new form in the Schengen consultation network. |
(5) |
The long-stay visa, concurrently valid as a short-stay visa (type ‘D + C’), will be abolished and the transit visa (type ‘B’) will be merged with the short-stay visa (type ‘C’) from the date of application of the Visa Code. |
(6) |
The technical specifications of the Schengen consultation network should be amended accordingly and should apply from the date of application of the Visa Code. |
(7) |
In accordance with Articles 1 and 2 of the Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of the said Protocol, decide within a period of six months after the Council has decided on this Decision, whether it will implement it in its national law. |
(8) |
As regards Iceland and Norway, this Decision constitutes a development of 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 (3), which fall within the area referred to in Article 1, point A, of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement (4). |
(9) |
As regards Switzerland, this Decision constitutes a development of 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 (5), which fall within the area referred to in Article 1, point A, of Council Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (6) on the conclusion, on behalf of the European Community, of that Agreement. |
(10) |
As regards Liechtenstein, this Decision constitutes a development of provisions of the Schengen acquis, within the meaning of the Protocol signed 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, which fall within the area referred to in Article 1, point A, of Council Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/261/EC (7) on the signature, on behalf of the European Community, and on the provisional application of certain provisions of that Protocol. |
(11) |
This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (8); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application. |
(12) |
This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (9). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application. |
(13) |
As regards Cyprus, this Decision constitutes an act building upon the Schengen acquis or otherwise related to it, within the meaning of Article 3(2) of the 2003 Act of Accession. |
(14) |
This Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 4(2) of the 2005 Act of Accession, |
HAS ADOPTED THIS DECISION:
Article 1
Parts 1, 2, 3 and 4 of the Schengen consultation network (technical specifications) are hereby amended as set out in Annexes I, II, III and IV respectively.
Article 2
This Decision shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
It shall apply from 5 April 2010.
Article 3
This Decision is addressed to the Member States in accordance with the Treaties.
Article 4
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 22 December 2009.
For the Council
The President
A. CARLGREN
(1) OJ L 116, 26.4.2001, p. 2.
(2) OJ L 243, 15.9.2009, p. 1.
(3) OJ L 176, 10.7.1999, p. 36.
(4) OJ L 176, 10.7.1999, p. 31.
(5) OJ L 53, 27.2.2008, p. 52.
ANNEX I
Part 1 of the Schengen consultation network (technical specifications) is amended as follows:
1. |
in point 1.1.2., the last subparagraph shall be deleted; |
2. |
in point 1.1.3., the first subparagraph shall be replaced by the following: ‘The application developed by each Member State reads delivery notifications from the inbox — on the basis of FORM R — and checks whether there is a corresponding delivery notification (FORM R) for every sent A, B, C, E, F, G or H form, which contained the “Document unifier”. The “Document unifier” is a unique context string — which identifies the mail — in the line beginning with the numbers “000”.’; |
3. |
in point 1.3., the fourth subparagraph shall be replaced by the following: ‘The “Subject” item of the message contains “file number” and a full stop (“.”) followed by the form-type identifier (Letter: “A”, “B”, “C”, “E”, “F”, “G”, “H” or “R”). For the respective forms, the “file number” equals the content of its heading: “001” in FORM “A”, “B”, “C”, “F”, “G”, “H” and the content of heading “048” in an FORM E. For heading definitions see 2.1.2. Examples: Subject: AUT0000010106AJKT00.B Subject: FRA2007022457471104.E’. |
ANNEX II
Part 2 of the Schengen consultation network (technical specifications) is amended as follows:
1. |
point 2.1.1 shall be replaced by the following: ‘The general process flow of documents may be described shortly as follows. Detailed information can be found in 3.1 “LIST OF FUNCTIONALITIES”. The following messages can be exchanged via the Schengen Consultation Network:
The receipt of any form A, B, C, F, G, E or H has to be acknowledged by replying with a form R, if the original message contained a ‘Document unifier’. The ‘Document unifier’ is labelled by ‘000’ on the form (the individual headings are documented below.). For the sake of clarity, the notification of the delivery is not stated explicitly in the following flow samples.’; |
2. |
in point 2.1.1.1, the following changes shall be introduced:
|
3. |
point 2.1.1.2 shall be replaced by the following: ‘If and only if a State intends to represent another State or to be represented by another State, the consultation procedure shall meet the requirements referred to in Article 8 of the Visa Code and in the representation arrangements concerned, as described in the below sample process pictures (pictures 1 and 2). Consultation when processing a visa application in the context of representation shall be subject to the following rules, in accordance with Article 22 of the Visa Code, and can be carried out in the framework of one or both of the following scenarios: Picture 1 — Norway representing Sweden Norway’s central authorities are to ensure that necessary consultations of the other States take place. The absence of a reply within seven (7) days shall mean that the consulted State(s) has(have) no grounds for objecting to the issuing of the visa. If the represented State (Sweden) wants to be involved this has to be laid down in a bilateral representation arrangement between the States involved (Norway and Sweden). In that case, the represented State must always reply to the representing State's FORM F using a FORM G (obligation to reply). A visa cannot be issued if no reply indicating consent is received. The represented State may specify on the FORM G reply, that a Visa of Limited Territorial Validity (VLTV) should be issued in the framework of representation. In this case, all other Schengen States are duly notified (by means of a FORM C) of the VLTV's issued by the representing State. It is not necessary to state the territory to which the visa is limited. Picture 2 — Norway representing Sweden Sweden’s central authorities are to ensure that necessary consultations of the other State(s) take place. The absence of a reply within seven (7) days shall mean that the consulted State(s) has(have) no grounds for objecting to the issuing of the visa. The represented State must always reply to the representing State's FORM F using a FORM G (obligation to reply). A visa cannot be issued if no reply indicating consent is received. The represented State may specify on the FORM G reply, that a Visa of Limited Territorial Validity (VLTV) should be issued in the framework of representation. In this case, all other Schengen States are duly notified (by means of a FORM C) of the VLTV's issued by the representing State. It is not necessary to state the territory to which the visa is limited. The consultation procedure (7 calendar days) and any further communication between the represented State and representing State in relation to the decision process (e.g. exchange of forms F and G) has to be done within 15 calendar days in accordance with Article 23(1) of the Visa Code.’; |
4. |
in point 2.1.2, the first subparagraph shall be replaced by the following: ‘Each heading is identified by a number ranging from 001 to 999, followed by the separation sign “.”, the value of the heading and <CR><LF> (=Hexa: 0X0D resp. 0X0A) or <LF> (=Hexa:0X0A). The leading numbers refer to the headings in a form (A, B, C, F, G, H, E, R).’; |
5. |
in point 2.1.4, the following changes shall be introduced:
|
6. |
point 2.1.5 shall be replaced by the following: ‘2.1.5. FORM B: “REPLY TO CONSULTATION REQUEST”
Heading No. 000 & Heading No. 001: See FORM A: “CONSULTATION REQUEST REGARDING VISA APPLICATION”.
Identifier of a reply to a consultation. The heading’s structure is as follows:
Consultation can result in the following replies:
This is the date the consulted central authority formulates its reply. Heading No. 099: See FORM A: “CONSULTATION REQUEST REGARDING VISA APPLICATION”.’; |
7. |
in Point 2.1.6, the following changes shall be introduced:
|
8. |
in point 2.1.7, the following changes shall be introduced:
|
9. |
point 2.1.8 shall be replaced by the following: ‘2.1.8. FORM G: “RESPONSE TO A VISA APPLICATION WITHIN THE FRAMEWORK OF REPRESENTATION”
In addition to the codes mentioned in heading 041. of FORM B: “REPLY TO CONSULTATION REQUEST” the following code is also allowed: “5” approval for LTV
This optional space enables the represented State to transmit additional information to the representing State for the purpose of issuing the visa. Other headings: See FORM B: ‘REPLY TO CONSULTATION REQUEST”.’; |
10. |
point 2.1.9 shall be replaced by the following: ‘2.1.9 FORM E: “ERROR MESSAGE”
The purpose of this heading is to identify the error message:
This identifies the document the error refers to. It contains one of the following headings of a referred form:
Possible indications:. “A”, “B”, “C”, “F”, “G” or “H”.
This heading indicates the error causing an E Form to be sent. The following codes can be used:
If error code 1 appears under heading No. 050, the number of the heading of the document which contains the first error must compulsorily be entered under heading No. 051.
If error code 2 appears under heading No. 050, the reason for the error shall be entered, according to the following codes:
The national applications shall be adapted in such a way that the statistics generated on Form E enable distinction of the number of error messages caused by technical errors (code = “1” under Heading No. 050) and logical errors (code = “2” under Heading No. 050). Additional rule for form E: It is prohibited to scan a form E itself for logical or technical failures and to reply to a malformed E by another form E to prevent a cumulative process – “Snowball Effect”.’; |
11. |
In point 2.1.10. under ‘Additional rules for form R’, the second bullet point shall be replaced by the following: ‘If a Member State receives an alleged erroneous form R, it has to discard this form R without processing it. This means that the Member State should ignore forms R that seem to be invalid. Consequently an application which had to discard potentially malformed forms R will have remaining, unacknowledged forms A,....., H which will have to be resent until a valid form R arrives. If the problem persists it has to be solved bilaterally by technical staff.’; |
12. |
After point 2.1.10, the following point shall be added: ‘2.1.11. FORM H: “NOTIFICATION OF ISSUE OF A VISA”
|
13. |
Point 2.2.3 shall be replaced by the following:
|
14. |
Point 2.2.4 shall be replaced by the following:
|
(1) OJ L 243, 15.9.2009, p. 1.’;
(2) See Annex to Council Regulation (EC) No 856/2008 of 24 July 2008 amending Regulation (EC) No 1683/95 laying down a uniform format for visas as regards the numbering of visas (OJ L 235, 2.9.2008, p. 1).’;”
ANNEX III
Part 3 of the Schengen consultation network (technical specifications) is amended as follows:
1. |
Point 3.1. shall be replaced by the following: ‘3.1. LIST OF FUNCTIONALITIES For every form of type …:
The schemes below illustrate the position of the functions and the sequence of the different stages. Send form types A, B, C, E, G, F or H:
|
2. |
In point 3.2.1., the title shall be replaced by the following: ‘Preparing Form “A, B, C, E, G, F or H” ’; |
3. |
In point 3.2.2., the title shall be replaced by the following: ‘Sending Form “A, B, C, E, G, F or H” via the Network’; |
4. |
In point 3.2.3., the title shall be replaced by the following: ‘Retrieving Form “A, B, C, E, G, F or H” ’; |
5. |
In point 3.2.4., the following changes shall be introduced:
|
ANNEX IV
Part 4 of the Schengen consultation network (technical specifications) is amended as follows:
1. |
Point 4.2.1. shall be replaced by the following:
|
2. |
Point 4.2.2. shall be replaced by the following:
|