Initiative of the Portuguese Republic with a view to adopting a Council Regulation reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for carrying out border checks and surveillance
Date: 2001-03-06
Institutions: Portugal
Subjects: Council of the European Union, Schengen Agreement, border control, legal basis, power of implementation, transitional period (EU)

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Official Journal of the European Communities

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II

(Preparatory Acts)

COUNCIL

Initiative of the Portuguese Republic with a view to adopting a Council Regulation reserving to
the Council implementing powers with regard to certain detailed provisions and practical
procedures for carrying out border checks and surveillance

(2001/C 73/05)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 62(2)(a) and (b) and Article
67(1) thereof,

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

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

Whereas:

(1)

The Common Manual (3) has been established with a
view to implementing the provisions of Title II, Chapter
2, of the Convention, signed in Schengen on 19 June
1990,
implementing the Schengen Agreement of
14 June 1985 on the gradual abolition of checks at
the common borders, hereinafter referred to as ‘the
Convention’.

(2)

The crossing by persons of the external borders of those
States which have decided to abolish checks at their
internal borders, including the rules and arrangements
with which those States must comply when carrying out

checks on persons at external borders, surveillance
of border areas and cooperation with the services
responsible for border control, is a matter covered by
Article 1 of the Council Decision of 17 May 1999
on certain arrangements for the application of the
Agreement concluded by the Council of the European
Union and the Republic of Iceland and the Kingdom of
Norway concerning the association of those two States
with the implementation, application and development
of the Schengen acquis (4) and in respect of which closer
cooperation has been authorised.

Certain detailed provisions and practical procedures for
carrying out border checks and surveillance at
the
external borders of Member States participating in the
closer cooperation referred to in Article 1 of
the
Schengen Protocol, contained in the Common Manual
and the Annexes thereto, must be adopted and regularly
amended and updated to meet the operational require-
ments of the relevant border authorities.

Various provisions of Title II, Chapter 2, of the Conven-
tion, and in particular Article 8 thereof, 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 Proto-
col, cooperation in the context of the Schengen acquis is
to be conducted within the institutional and legal

(3)

(4)

(1) OJ C ...
(2) OJ C ...
(3) Listed under reference SCH/Com-ex (99) 13 in Annex A to
Council Decision 1999/435/EC of 20 May 1999 (OJ L 176,
10.7.1999, p. 1).

(4) OJ L 176, 10.7.1999, p. 31.

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framework of the European Union and with respect for
the relevant provisions of the Treaty on European Union
and of the Treaty establishing the European Community.

provisions of Title IV of the Treaty establishing the
European Community,
and in particular Articles
62(2)(a), and 67 thereof,

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

HAS ADOPTED THIS REGULATION:

(5)

(6)

this area,

Since the Member States have an enhanced role in
respect of the development of border policy, reflecting
in particular involving
the sensitivity of
the Council
political relations with third countries,
reserves the right, during the transitional period of five
years referred to in Article 67(1) of the Treaty estab-
lishing the European Community, to adopt, amend and
update the detailed provisions and practical procedures
referred to above by unanimity, pending a review by the
Council
such
implementing powers would be conferred on the Com-
mission after the end of this transitional period.

under which

conditions

the

of

(7)

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

(8)

(9)

It is also necessary to provide for a procedure whereby
the members of the Council and the Commission are
informed without delay of all amendments to those
Annexes of the Common Manual 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.

Those elements of
the Common Manual and the
Annexes thereto which are not subject to amendment
by either of the procedures provided in this Regulation
and which do not correspond to any elements of
the Common Consular Instructions on Visas for the
Diplomatic Missions and Consular Posts (hereinafter
‘Common Consular Instructions’) (1) which may be
amended pursuant to the provisions of Regulation (EC)
.../2001 (2) shall be amended in accordance with the

(1) Listed under reference SCH/Com-ex (99) 13 in Annex A to

Decision 1999/435/EC.

(2) Council Regulation (EC) No .../2001 of ... reserving to the Council
implementing powers with regard to certain detailed provisions
and practical procedures for examining visa applications (OJ L ...).

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, Part I, points 1.2, 1.3, 1.3.1, 1.3.3, 2.1,
3.1.2, 3.1.3, 3.1.4, 3.2.4, 4.1, 4.1.1, 4.1.2, and Part II, points
1.1, 1.3, 1.4.1, 1.4.1a, 1.4.4, 1.4.5, 1.4.6, 1.4.7, 1.4.8, 2.1,
2.2.2, 2.2.3, 2.2.4, 2.3, 3.1, 3.2, 3.3.1, 3.3.2, 3.3.3, 3.3.4,
3.3.5, 3.3.6, 3.3.7, 3.3.8, 3.4, 3.5, 4.1, 4.2, 5.2, 5.3, 5.4, 5.5,
5.6, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10 and 6.11 of the Common
Manual as well as Annexes 8 and 9 thereto.

2.
To the extent that such amendments concern confiden-
tial provisions and procedures, the information contained
therein shall be made available only to authorities designated
by the Member States and to persons duly authorised by each
Member State or by the institutions of the European Union, or
otherwise entitled to obtain access to such information.

Article 2

Each Member State shall communicate to the Secretary-
1.
General of the Council such amendments as it wishes to make
to point 1.3.2 of Part I and to Annexes 1, 2, 3, 12 and 13 of
the Common Manual.

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

Article 3

The Secretariat-General of the Council shall be responsible for
the preparation of revised versions of the Common Manual
and the Annexes thereto, in order to incorporate amendments
made pursuant to the provisions of Articles 1 and 2 of this
Regulation and pursuant to Regulation (EC) No .../2001, in
respect of those elements of the Common Consular Instruc-
tions which correspond to certain Annexes to the Common
Manual. It shall transmit these versions to the Member States
as necessary.

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Article 4

Amendments to Annexes 4, 5, 5a, 6, 6a, 6b, 6c, 8a, 10, 11,
14a and 14b of the Common Manual shall be made in
accordance with the provisions of Regulation (EC) No .../2001.

Article 5

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

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

Done at ...

For the Council

The President