42000X0922(04)

The Schengen acquis - Declaration of the Executive Committee of 18 April 1996 defining the concept of alien (SCH/Com-ex (96) decl. 5)

Official Journal L 239 , 22/09/2000 P. 0458 - 0458

DECLARATION OF THE EXECUTIVE COMMITTEE

of 18 April 1996

defining the concept of alien

(SCH/Com-ex (96) decl. 5)

Having regard to the Schengen Convention of 19 June 1990, in particular Article 134 thereof,

Having regard to the progress made within the European Union on placing persons, who are covered by Community law, on the joint list,

In the context of Article 96 of the aforementioned Convention,

Persons who are covered by Community law should not in principle be placed on the joint list of persons to be refused entry.

However, the following categories of persons who are covered by Community law may be placed on the joint list if the conditions governing such placing are compatible with Community law:

(a) family members of European Union citizens who have third-country nationality and are entitled to enter and reside in a Member State, pursuant to a decision made in accordance with the Treaty establishing the European Community;

(b) nationals of Iceland, Liechtenstein and Norway and members of their families who fall within the scope of the provisions of Community law on entry and residence.

If it emerges that Community law covers a person included on the joint list of persons to be refused entry, that person may only remain on the list if it is compatible with Community law. If this is not the case, the Member State which placed the person on the list shall take the necessary steps to delete his or her name from the list.