Initiative of the Republic of Finland with a view to the adoption of a Regulation reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications
Date: 2000-06-14
Institutions: Finland
Subjects: EU Member State, EU visa policy, Finland, Schengen Agreement, confidentiality

14.6.2000

EN

Official Journal of the European Communities

C 164/7

Initiative of the Republic of Finland with a view to the adoption of a Regulation reserving to the
Council implementing powers with regard to certain detailed provisions and practical procedures
for examining visa applications

(2000/C 164/07)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 62(2) and (3) thereof,

Having regard to the initiative of the Republic of Finland (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1) The Common Consular Instructions (CCI) on Visas for the
Diplomatic Missions and Consular Posts,
listed under
reference SCH/Com-ex (99) 13 in Annex A to Decision
1999/435/EC (3), have been established with a view to
implementing the provisions of Title II, Chapter 3 of
the Convention, signed in Schengen on 19 June 1990,
implementing the Schengen Agreement of 14 June 1985
between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and
the French Republic on the gradual aboltion of checks at
their common borders, hereinafter referred to as (cid:145)the
Convention(cid:146).

(2) Certain detailed provisions and practical procedures for
examining visa applications in the diplomatic missions
and consular posts of Member States participating in
the
the closer cooperation referred to in Article 1 of
Schengen Protocol,
and the
Annexes
adopted and regularly
to be
amended and updated in order to meet the operational
requirements of the relevant consular authorities.

contained in the CCI

thereto,

are

(3) In addition, a manual of documents to which a visa may
be affixed, listed under reference SCH/Com-ex (98) 56 and
SCH/Com-ex
(99) 14 in Annex A to Decision
to Annex
1999/435/EC has been established pursuant
11 of the CCI. It is necessary that the provisions of this
manual be adopted and regularly amended and updated in
order to meet the operational requirements of the relevant
consular authorities.

(4) Furthermore, a manual

concerning the

issuance of
Schengen visas in third States where all the Schengen
represented has been estabilshed as
States are not
Document SCH/II
listed under
reference SCH/Com-ex (99) 13 in Annex A to Decision
1999/435/EC. It is also necessary that the provisions of
this manual be adopted and regularly amended and
updated.

(95) 16, 19th revision,

(1) OJ C . . .
(2) OJ C . . .
(3) OJ L 176, 10.7.1999, p. 1.

(5) Various provisions of Title

II, Chapter 3 of

the
Convention, and in particular Article 17 thereof, and of
the CCI, provide for implementing decisions to be taken
by the Executive Committee, established by the Schengen
agreements adopted before 1 May 1999, for which the
Council has now been substituted, pursuant to Article 2
of the Schengen Protocol. Pursuant to Article 1 of that
Protocol, cooperation in the context of
the Schengen
acquis is to be condcted within the instituitional and
the European Union and in
legal
compliance with the relevant provisions of
the Treaty
on European Union and of the Treaty establishing the
European Community.

framework of

(6) It is therefore appropriate to set out in a Community act
the procedure by which such implementing decisions
should be taken.

the Council

(7) Since the Member States have an enhanced role in respect
of the development of visa policy, reflecting the sensitivity
of this area, in particular involving the political relations
with third countries,
the right,
during the transitional period of five years referred to in
Article 67(1) of the Treaty, to adopt, amend and update
the detailed provisions and practical procedures referred
to above by unanimity, pending a review by the Council
of the conditions under which such implementing powers
would be conferred on the Commission after the end of
this transitional period.

reserves

(8) Some of those provisions and procedures require confi-
dential treatment in order to prevent risk of abuse.

(9) It is also necessary to provide for a procedure whereby
the Council and the Commission are
the members of
informed without delay of all amendments
to the
manual of documents to which a visa may be affixed,
to the manual concerning the issuance of Schengen
visas in third States where all the Schengen States are
not represented, and to those Annexes of the CCI which
consist, in whole or in part, of lists of factual information
which must be provided by each Member State in
accordance with the rules which it currently applies,
and which therefore do not fall to be adopted, amended
or updated by an act of the Council.

(10) Those elements of the CCI and the Annexes thereto which
are not subject to amendment by either of the procedures
provided for in this Regulation should be amended in
accordance with the provisions of Title IV of the Treaty
establishing the European Community, and in particular
Article 62(2), and (3) and Article 67 thereof,

C 164/8

EN

Official Journal of the European Communities

14.6.2000

first submit a proposal

to the other
shall
Member Sates and afford them an opportunity to comment
on the proposal.

for amendment

Amendments made pursuant to paragraphs 1 and 2 shall
3.
be deemed to take effect as from the date on which the
Secretary-General communicates
to the
members of the Council and to the Commission.

such amendments

Article 3

The General Secretariat of the Council shall be responsible for
the preparation of revised versions of the CCI and the Annexes
thereto, in order to incorporate amendments made pursuant to
Articles 1 and 2. It shall transmit these versions to the Member
States as necessary.

Article 4

This Regulation shall enter into force on the day follwing its
publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

Done at . . .

For the Council

The President

. . .

HAS ADOPTED THIS REGULATION:

Article 1

1.
The Council acting, unanimously, at the initiative of one
of its members or on a proposal from the Commission, shall
amend, as necessary, Parts II, III, V, VI, VII and VIII of the CCI,
as well as Annex 2 (with the exception of Schedule B and
excepting the visa requirements relating to those countries
mentioned in Schedule A which do not need to be the
subject of prior consultation) and Parts I and III of Annex 3
as well as Annexes 6, 10, 11, 12, 13, 14 and 15 thereto.

2.
To the extent that such amendments concern confidential
provisions and procedures, the information contained therein
shall be made available only to authorities desingated by the
Member States and to persons duly authorised by each Member
State or by the instituitions of the European Communities, or
otherwise entitled to obtain access to such information.

Article 2

1.
Each Member State shall communicate to the Secretary-
General of the Council such amendments as it wishes to make
to Part III of Annex 1, Schedule A of Annex 2 (with the
exception of the visa requirements relating to the countries
mentioned in that Schedule which must be the subject of
prior consultation) and Schedule B of Annex 2, Part II of
Annex 3, and to Annexes 4, 5, 7 and 9 to the CCI, to the
manual of documents to which a visa may be affixed, and to
the manual concerning the issuance of Schengen visas in third
States where all the Schengen States are not represented (1).

(2) Where any Member State wishes to make an amendment
to Annexes 4, 5B, 5C, 7 or 9 to the CCI, that Member State

(1) Once this manual is updated pursuant to the procedure provided
for in this Regulation, it should be renamed (cid:145)Manual concerning the
issue of uniform visas in third States where the Member States
concerned are not represented(cid:146).