Council Regulation (EC) No 790/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for carrying out border checks and surveillance
Date: 2001-04-24
Institutions: Council of the European Union
Subjects: Council of the European Union, Schengen Agreement, border control, power of implementation

26.4.2001

EN

Official Journal of the European Communities

L 116/5

COUNCIL REGULATION (EC) No 790/2001

of 24 April 2001

reserving to the Council implementing powers with regard to certain detailed provisions and
practical procedures for carrying out border checks and surveillance

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, 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)

(2)

(3)

(4)

(5)

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
‘the
Convention’.

referred to as

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
the
now been substituted, pursuant
Schengen Protocol. Pursuant
that
Protocol, cooperation in the context of the Schengen
acquis is to be conducted within the institutional and
legal 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.

to Article 2 of
to Article 1 of

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

Since the Member States have an enhanced role in
respect of the development of border policy, reflecting
the sensitivity of this area, in particular involving polit-

ical relations with third countries, the Council reserves
the right, during the transitional period of five years
referred to in Article 67(1) of the Treaty establishing 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 of
the conditions under which such implementing powers
would be conferred on the Commission after the end of
this transitional period.

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

the Common Manual which consist,

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
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 Diplo-
matic Missions
(hereinafter
and Consular
Posts
Instructions’) (4) which may be
‘Common Consular
amended pursuant to the provisions of Regulation (EC)
No 789/2001 (5) shall be amended in accordance with
the provisions of Title IV of the Treaty establishing the
European Community, and in particular Article 62(2)(a)
and Article 67 thereof.

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark annexed to the Treaty on Euro-
pean Union and to the Treaty establishing the European
Community, Denmark is not participating in the adop-
tion of this instrument, and is therefore not bound by it
or subject to its application. Given the fact that this
instrument is an act which aims to build upon the
Schengen acquis under the provisions of Title IV of the
Treaty establishing the European Community, Article 5
of the abovementioned Protocol applies,

(6)

(7)

(8)

(9)

(1) OJ C 73, 6.3.2001, p. 8.
(2) Opinion delivered on 13 March 2001 (not yet published in the

Official Journal).

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

Decision 1999/435/EC (OJ L 176, 10.7.1999, p. 1).

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

1999/435/EC.

(5) Council Regulation (EC) No 789/2001 of 24 April 2001 reserving
to the Council implementing powers with regard to certain detailed
provisions and practical procedures for examining visa applications
(see p. 2 of this Official Journal).

L 116/6

EN

Official Journal of the European Communities

26.4.2001

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, 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 Annex 9 thereto.

2.
To the extent that such amendments concern confidential
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 other-
wise entitled to obtain access to such information.

Article 2

Amendments made pursuant to paragraph 1 shall be
2.
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 789/2001, in
respect of those elements of the Common Consular Instruc-
tions which correspond to certain Annexes of the Common
Manual. It shall transmit these versions to the Member States as
necessary.

Article 4

Amendments to Annexes 4, 5, 5a, 6, 6a, 6b, 6c, 8, 8a, 10, 11,
14a and 14b of the Common Manual shall be made in accord-
ance with the provisions of Regulation (EC) No 789/2001.

1.
Each Member State shall communicate to the Secretary-
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, 7, 12 and 13 of
the Common Manual.

Article 5

This Regulation shall enter into force on the day of
adoption.

its

This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaty establishing the European Community.

Done at Luxembourg, 24 April 2001.

For the Council

The President

M. WINBERG