2007/519/EC: Council Decision of 16 July 2007 amending Part 2 of the Schengen consultation network (technical specifications)
Date: 2007-07-16
Institutions: Council of the European Union
Subjects: EU visa policy, European citizenship, Schengen Information System, foreign national, free movement of persons, residence permit

L 192/26

EN

Official Journal of the European Union

24.7.2007

COUNCIL DECISION

of 16 July 2007

amending Part 2 of the Schengen consultation network (technical specifications)

(2007/519/EC)

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
and practical
with regard to certain detailed provisions
procedures for examining visa applications (1),

Having regard to the initiative of
Germany,

the Federal Republic of

Whereas:

(1)

(2)

(3)

(4)

The present arrangements for the consultation procedure
do not provide scope for due allowance to be made for
the special legal position of members of Union citizens’
families.

In accordance with Article 30 of Directive 2004/38/EC
of the European Parliament and of the Council (2) on the
right of citizens of the Union and their family members
to move and reside freely within the territory of the
Member States, Member States are in principle required
to give reasons when rejecting visa applications from
people coming within the scope of that Directive.

If due allowance is to be made for
that privileged
position, with appropriate reasons being given in the
event of rejection, the authorities consulted also need
to be aware of the privileged position.

It is for the consulting authority to establish that such a
privileged position exists and give notice of it to the
authority consulted. For this purpose, a new optional
data field should be inserted in the request forms (form
A, form C and form F).

(5)

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on

(6)

(7)

(8)

European Union and to the Treaty establishing the
European Community, Denmark is not taking part in
the adoption of this Decision and is not bound by it
or subject
to its application. As this Decision builds
upon the Schengen acquis under the provisions of Title
IV of Part Three of the Treaty establishing the European
Community, Denmark is to decide, in accordance with
Article 5 of that Protocol, within a period of six months
after the Council has adopted this Decision, whether it
will implement the Decision in its national law.

As regards Iceland and Norway, this Decision constitutes
the Schengen acquis,
a development of provisions of
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(A) of
Council
certain
arrangements for the application of that Agreement.

1999/437/EC (4)

Decision

on

As regards Switzerland, this Decision constitutes a devel-
opment of provisions of the Schengen acquis, within the
meaning of the Agreement signed between the European
Union, the European Community and the Swiss Confed-
eration concerning 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(A) of Council Decision 1999/437/EC in
conjunction with Article 4(1) of Council Decision
2004/849/EC (5) and Council Decision 2004/860/EC (6)
on the signing, on behalf of the European Union and the
European Community respectively, and on the provi-
that
sional
Agreement.

application

provisions

certain

of

of

take part,

This Decision constitutes a development of provisions of
the Schengen acquis in which the United Kingdom does
not
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 (7). The United Kingdom is therefore
not taking part in its adoption and is not bound by it
or subject to its application.

(1) OJ L 116, 26.4.2001, p. 2. Regulation as amended by Decision

2004/927/EC (OJ L 396, 31.12.2004, p. 45).

(2) OJ L 158, 30.4.2004, p. 77. Corrected by OJ L 229, 29.6.2004,

p. 35.

(3) OJ L 176, 10.7.1999, p. 36.
(4) OJ L 176, 10.7.1999, p. 31.
(5) OJ L 368, 15.12.2004, p. 26.
(6) OJ L 370, 17.12.2004, p. 78.
(7) OJ L 131, 1.6.2000, p. 43.

24.7.2007

EN

Official Journal of the European Union

L 192/27

(9)

(10)

(11)

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
the Schengen acquis (1).
in some of
Ireland is therefore not taking part in its adoption and
is not bound by it or subject to its application.

the provisions of

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.

This Decision constitutes an act building upon 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

Part 2 of the Schengen consultation network (technical specifi-
cations) is hereby amended as follows:

1.

in the tables in respectively sections 2.1.4, 2.1.6 and 2.1.7
after No 32 the following number shall be added:

‘Heading No 033: Privileged member of a Union citizen’s
family format: code (1)

It can be indicated here whether the visa applicant is a
privileged member of a Union citizen’s
family, under
Directive 2004/38/EC (to be ascertained by the consulting
authority).

For the code to be used, see section 2.2.6.’;

3. after section 2.2.5 the following section shall be inserted:

‘2.2.6. Privileged member of a Union citizen’s

family

(Heading 33)

0. not a privileged member of a Union citizen’s

family

1. privileged member of a Union citizen’s family.

See footnote to field 033 (technical specifications 2.1.4)’.

Article 2

Heading

M/O (*)

Format

Examples/Comments

This Decision shall apply from 1 January 2008.

Article 3

This Decision is addressed to the Member States, in accordance
with the Treaty establishing the European Community.

Done at Brussels, 16 July 2007.

For the Council
The President

J. SILVA

No

‘033

Privileged member
of a Union
citizen’s family

O (*3)

code (1) 1 (see 2.2.6)

(*) M: Mandatory heading; O: Optional heading.

(*3): Each Member State specifies a central clearing point which is perma-
nently accessible by e-mail. The central clearing point communicates the
reasons for the refusal by secure means of communication – depending
on the content – to the central clearing point of the requesting Member
State where the visa application is pending.’;

2.

in the explanations following the table in section 2.1.4 the
following shall be added:

(1) OJ L 64, 7.3.2002, p. 20.