Regulation (EC) No 810/2009 of the European Parliament and of the CouncilShow full title

Article 54 U.K. Amendments to Regulation (EC) No 767/2008

Regulation (EC) No 767/2008 is hereby amended as follows:

1.

Article 4(1) shall be amended as follows:

(a)

point (a) shall be replaced by the following:

‘(a)

“uniform visa” as defined in Article 2(3) 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)(1);’;

(b)

point (b) shall be deleted;

(c)

point (c) shall be replaced by the following:

‘(c)

“airport transit visa” as defined in Article 2(5) of Regulation (EC) No 810/2009;’;

(d)

point (d) shall be replaced by the following:

‘(d)

“visa with limited territorial validity” as defined in Article 2(4) of Regulation (EC) No 810/2009;’;

(e)

point (e) shall be deleted;

2.

in Article 8(1), the words ‘On receipt of an application’, shall be replaced by the following:

‘When the application is admissible according to Article 19 of Regulation (EC) No 810/2009’;

3.

Article 9 shall be amended as follows:

(a)

the heading shall be replaced by the following:

‘Data to be entered on application’;

(b)

[X1 point 4 shall be amended as follows:]

(i)

point (a) shall be replaced by the following:

‘(a)

surname (family name), surname at birth (former family name(s)), first name(s) (given name(s)); date of birth, place of birth, country of birth, sex;’;

(ii)

point (e) shall be deleted;

(iii)

point (g) shall be replaced by the following:

‘(g)

Member State(s) of destination and duration of the intended stay or transit;’;

(iv)

point (h) shall be replaced by the following:

‘(h)

main purpose(s) of the journey;’;

(v)

point (i) shall be replaced by the following:

‘(i)

intended date of arrival in the Schengen area and intended date of departure from the Schengen area;’;

(vi)

point (j) shall be replaced by the following:

‘(j)

Member State of first entry;’;

(vii)

point (k) shall be replaced by the following:

‘(k)

the applicant’s home address;’;

(viii)

in point (l), the word ‘school’ shall be replaced by: ‘educational establishment’;

(ix)

in point (m), the words ‘father and mother’ shall be replaced by ‘parental authority or legal guardian’;

4.

the following point shall be added to Article 10(1):

‘(k)

if applicable, the information indicating that the visa sticker has been filled in manually.’;

5.

in Article 11, the introductory paragraph shall be replaced by the following:

‘Where the visa authority representing another Member State discontinues the examination of the application, it shall add the following data to the application file:’;

6.

Article 12 shall be amended as follows:

(a)

in paragraph 1, point (a) shall be replaced by the following:

‘(a)

status information indicating that the visa has been refused and whether that authority refused it on behalf of another Member State;’;

(b)

paragraph 2 shall be replaced by the following:

‘2. The application file shall also indicate the ground(s) for refusal of the visa, which shall be one or more of the following:

(a) the applicant:

(i)

presents a travel document which is false, counterfeit or forged;

(ii)

does not provide justification for the purpose and conditions of the intended stay;

(iii)

does not provide proof of sufficient means of subsistence, both for the duration of the intended stay and for the return to his country of origin or residence, or for the transit to a third country into which he is certain to be admitted, or is not in a position to acquire such means lawfully;

(iv)

has already stayed for three months during the current six-month period on the territory of the Member States on a basis of a uniform visa or a visa with limited territorial validity;

(v)

is a person for whom an alert has been issued in the SIS for the purpose of refusing entry;

(vi)

is considered to be a threat to public policy, internal security or public health as defined in Article 2(19) of the Schengen Borders Code or to the international relations of any of the Member States, in particular where an alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds;

(vii)

does not provide proof of holding adequate and valid travel medical insurance, where applicable;

(b) the information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable;

(c) the applicant’s intention to leave the territory of the Member States before the expiry of the visa could not be ascertained;

(d) sufficient proof that the applicant has not been in a position to apply for a visa in advance justifying application for a visa at the border was not provided.’;

7.

Article 13 shall be replaced by the following:

‘Article 13 Data to be added for a visa annulled or revoked

1. Where a decision has been taken to annul or to revoke a visa, the visa authority that has taken the decision shall add the following data to the application file:

(a) status information indicating that the visa has been annulled or revoked;

(b) authority that annulled or revoked the visa, including its location;

(c) place and date of the decision.

2. The application file shall also indicate the ground(s) for annulment or revocation, which shall be:

(a) one or more of the ground(s) listed in Article 12(2);

(b) the request of the visa holder to revoke the visa.’;

8.

Article 14 shall be amended as follows:

(a)

paragraph 1 shall be amended as follows:

(i)

the introductory paragraph shall be replaced by the following:

‘1. Where a decision has been taken to extend the period of validity and/or the duration of stay of an issued visa, the visa authority which extended the visa shall add the following data to the application file:’;

(ii)

point (d) shall be replaced by the following:

‘(d)

the number of the visa sticker of the extended visa;’;

(iii)

point (g) shall be replaced by the following:

‘(g)

the territory in which the visa holder is entitled to travel, if the territorial validity of the extended visa differs from that of the original visa;’;

(b)

in paragraph 2, point (c) shall be deleted;

9.

in Article 15(1), the words ‘extend or shorten the validity of the visa’ shall be replaced by ‘or extend the visa’;

10.

Article 17 shall be amended as follows:

(a)

point 4 shall be replaced by the following:

‘4.

Member State of first entry;’;

(b)

point 6 shall be replaced by the following:

‘6.

the type of visa issued;’;

(c)

point 11 shall be replaced by the following:

‘11.

main purpose(s) of the journey;’;

11.

in Article 18(4)(c), Article 19(2)(c), Article 20(2)(d), Article 22(2)(d), the words ‘or shortened’ shall be deleted;

12.

in Article 23(1)(d), the word ‘shortened’ shall be deleted.

Editorial Information

X1 Substituted by Corrigendum to 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) (Official Journal of the European Union L 243 of 15 September 2009).

(1)

OJ L 243, 15.9.2009, p. 1.’;