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.