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Regulation (EU) 2019/1155 of the European Parliament and of the Council of 20 June 2019 amending Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code)
ANNEX III

ANNEX III

‘ANNEX VI

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(1)

STANDARD FORM FOR NOTIFYING REASONS FOR REFUSAL, ANNULMENT OR REVOCATION OF A VISA

REFUSAL/ANNULMENT/REVOCATION OF VISA

Ms/Mr …,

The … embassy/consulate-general/consulate/[other competent authority] in … [on behalf of (name of represented Member State)];
[Other competent authority] of …;
The authorities responsible for checks on persons at …

has/have

examined your application;
examined your visa, number: …, issued: … [date/month/year].
  • The visa has been refused
  • The visa has been annulled
  • The visa has been revoked

This decision is based on the following reason(s):

  1. a false/counterfeit/forged travel document was presented
  2. justification for the purpose and conditions of the intended stay was not provided
  3. you have not provided proof of sufficient means of subsistence, for the duration of the intended stay or for the return to the country of origin or residence, or for the transit to a third country into which you are certain to be admitted
  4. you have not provided proof that you are in a position to lawfully acquire sufficient means of subsistence, for the duration of the intended stay or for the return to the country of origin or residence, or for the transit to a third country into which you are certain to be admitted
  5. you have already stayed for 90 days during the current 180-day period on the territory of the Member States on the basis of a uniform visa or a visa with limited territorial validity
  6. an alert has been issued in the Schengen Information System (SIS) for the purpose of refusing entry by … (indication of Member State)
  7. one or more Member States consider you to be a threat to public policy or internal security
  8. one or more Member States consider you to be a threat to public health as defined in point (21) of Article 2 of Regulation (EU) No 2016/399 (Schengen Borders Code)
  9. one or more Member States consider you to be a threat to their international relations
  10. the information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable
  11. there are reasonable doubts as to the reliability of the statements made as regards … (please specify)
  12. there are reasonable doubts as to the reliability, as to the authenticity of the supporting documents submitted or as to the veracity of their contents
  13. there are reasonable doubts as to your intention to leave the territory of the Member States before the expiry of the visa
  14. sufficient proof that you have not been in a position to apply for a visa in advance, justifying application for a visa at the border, was not provided
  15. justification for the purpose and conditions of the intended airport transit was not provided
  16. you have not provided proof of possession of adequate and valid travel medical insurance
  17. revocation of the visa was requested by the visa holder (2).

Additional remarks:

You may appeal against the decision to refuse/annul/revoke a visa.

The rules on appeal against decisions on refusal/annulment/revocation of a visa are set out in (reference to national law):

Competent authority with which an appeal may be lodged (contact details):

Information on the procedure to follow can be found at (contact details):

An appeal must be lodged within (indication of time-limit):

Date and stamp of embassy/consulate-general/consulate/of the authorities responsible for checks on persons/of other competent authorities:

Signature of person concerned (3): …

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ANNEX IV

‘ANNEX X

LIST OF MINIMUM REQUIREMENTS TO BE INCLUDED IN THE LEGAL INSTRUMENT IN THE CASE OF COOPERATION WITH EXTERNAL SERVICE PROVIDERS

A. The legal instrument shall:
  1. enumerate the tasks to be carried out by the external service provider, in accordance with Article 43(6) of this Regulation;
  2. indicate the locations where the external service provider is to operate and which consulate the individual application centre refers to;
  3. list the services covered by the mandatory service fee;
  4. instruct the external service provider to clearly inform the public that other charges cover optional services.
B. In relation to the performance of its activities, the external service provider shall, with regard to data protection:
  1. prevent at all times any unauthorised reading, copying, modification or deletion of data, in particular during their transmission to the consulate of the Member State(s) competent for processing an application;
  2. in accordance with the instructions given by the Member State(s) concerned, transmit the data:
    • electronically, in encrypted form, or
    • physically, in a secured way;
  3. transmit the data as soon as possible:
    • in the case of physically transferred data, at least once a week,
    • in the case of electronically transferred encrypted data, at the latest at the end of the day of their collection,
  4. ensure appropriate means of tracking individual application files to and from the consulate;
  5. delete the data at the latest seven days after their transmission and ensure that only the name and contact details of the applicant for the purposes of the appointment arrangements, as well as the passport number, are kept until the return of the passport to the applicant and deleted five days thereafter;
  6. ensure all the technical and organisational security measures required to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the cooperation involves the transmission of files and data to the consulate of the Member State(s) concerned, and all other unlawful forms of processing personal data;
  7. process the data only for the purposes of processing the personal data of applicants on behalf of the Member State(s) concerned;
  8. apply data protection standards at least equivalent to those set out in Regulation (EU) 2016/679;
  9. provide applicants with the information required pursuant to Article 37 of the VIS Regulation.
C. In relation to the performance of its activities, the external service provider shall, with regard to the conduct of staff:
  1. ensure that its staff are appropriately trained;
  2. ensure that its staff in the performance of their duties:
    • receive applicants courteously,
    • respect the human dignity and integrity of applicants, do not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and
    • respect the rules of confidentiality; those rules shall also apply once members of staff have left their job or after suspension or termination of the legal instrument;
  3. provide identification of the staff working for the external service provider at all times;
  4. prove that its staff do not have criminal records and have the requisite expertise.
D. In relation to the verification of the performance of its activities, the external service provider shall:
  1. provide for access by staff entitled by the Member State(s) concerned to its premises at all times without prior notice, in particular for inspection purposes;
  2. ensure the possibility of remote access to its appointment system for inspection purposes;
  3. ensure the use of relevant monitoring methods (e.g. test applicants; webcam);
  4. ensure access, by the Member State's national data protection supervisory authority, to proof of data protection compliance, including reporting obligations, external audits and regular spot checks;
  5. report in writing to the Member State(s) concerned without delay any security breaches or any complaints from applicants on data misuse or unauthorised access, and coordinate with the Member State(s) concerned in order to find a solution and give explanatory responses promptly to the complaining applicants.
E. In relation to general requirements, the external service provider shall:
  1. act under the instructions of the Member State(s) competent for processing the application;
  2. adopt appropriate anti-corruption measures (e.g. adequate staff remuneration; cooperation in the selection of staff members employed on the task; two-man-rule; rotation principle);
  3. respect fully the provisions of the legal instrument, which shall contain a suspension or termination clause, in particular in the event of breach of the rules established, as well as a revision clause with a view to ensuring that the legal instrument reflects best practice.
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