2008/910/EC: Council Decision of 27 November 2008 amending Parts 1 and 2 of the Schengen consultation network (technical specifications)

6.12.2008 EN Official Journal of the European Union L 328/38
COUNCIL DECISION
of 27 November 2008
amending Parts 1 and 2 of the Schengen consultation network (technical specifications)
(2008/910/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 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 Republic of Slovenia,
Whereas:
(1) The Vision network has been established to allow consultation between the central authorities of the partner States for visa applications made by nationals from sensitive countries.
(2) In order to achieve a pragmatic approach and to avoid overburdening the Schengen consultation network by sending a high number of error messages when a Member State’s message transfer agent (MTA) seems to be temporarily unavailable, the resend procedure should be modified.
(3) In order to avoid inconsistent use of different visa type codes which could lead to misinterpretations in the Schengen consultation procedure, a common approach is needed when visas D + C are subject to the consultation procedure.
(4) Taking into account the inputs from different Member States and in order to simplify the Schengen consultation procedure, a single code for each visa type should be used.
(5) It is necessary to update the technical specifications of the Schengen consultation network to ensure that they reflect these changes.
(6) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on 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. Given that 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 the said Protocol, within a period of six months after the adoption of this Decision whether it will implement it in its national law.
(7) 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 latters’ association with the implementation, application and development of the Schengen acquis
 (2), which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC (3) on certain arrangements for the application of that Agreement.
(8) 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 concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis
 (4), which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (5) on the conclusion, on behalf of the European Community, of that Agreement.
(9) As regards Liechtenstein, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol 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 Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/261/EC (6) on the signature, on behalf of the European Community, and on the provisional application of certain provisions of that Protocol.
(10) 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
 (7); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.
(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 in some of the provisions of the Schengen acquis
 (8); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.
(12) As regards Cyprus, this Decision constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession.
(13) 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,