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
Date: 2001-04-24
Institutions: Council of the European Union
Subjects: EU visa policy, Schengen Agreement, admission of aliens, application of EU law, information system

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I

(Acts whose publication is obligatory)

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

THE COUNCIL OF THE EUROPEAN UNION,

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

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

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

Whereas:

(1)

(2)

The Common Consular Instructions (CCI) on Visas for
the Diplomatic Missions and Consular Posts, listed under
reference SCH/Com-ex (99) 13 in Article 1 of Annex A
to Council Decision 1999/435/EC of 20 May 1999
concerning the definition of the Schengen acquis for the
purpose of determining, in conformity with the relevant
provisions of
the Treaty establishing the European
Community and the Treaty on European Union, the
legal basis for each of the provisions or decisions which
constitute the acquis (3), were 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 abolition of checks
at their common borders, hereinafter referred to as ‘the
Convention’.

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
Protocol integrating the Schengen acquis into the frame-
work of the European Union, hereinafter referred to as
the ‘Protocol’, contained in the CCI and the Annexes
thereto, are to be adopted and regularly amended and
updated in order to meet the operational requirements
of the relevant consular authorities.

(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 1999/

(1) OJ C 164, 14.6.2000, p. 7.
(2) Opinion delivered on 13 March 2001 (not yet published in the

Official Journal).

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

(4)

(5)

(6)

It

is necessary that

435/EC, has been established pursuant to Annex 11 of
the CCI.
this
manual be adopted and regularly amended and updated
in order to meet the operational requirements of the
relevant consular authorities.

the provisions of

Furthermore, a manual concerning the issuance of
Schengen visas in third States where all the Schengen
States are not represented has been established as Docu-
ment SCH/II (95) 16, 19th revision, listed under refer-
ence 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.

in

Executive

Schengen

Finally, pursuant to Council Decision 2000/645/EC of
17 October 2000 correcting the Schengen acquis as
Committee
contained
SCH/Com-ex (94) 15 rev. (4), document SCH/II-Vision
(99) 5 (hereinafter referred to as ‘Schengen Consultation
Network (Technical Specifications)’) which,
inter alia,
lays down the principles pursuant to which the compu-
terised procedure for consultation, for the purposes of
issuing visas, of the central authorities referred to in
Article 17(2) of
the Convention must be applied is
attached to Schengen Executive Committee decision
SCH/Com-ex (94) 15 rev. It is also necessary that the
provisions of the Schengen Consultation Network (Tech-
nical Specifications) be adopted and regularly amended
and updated.

Various provisions of Title II, Chapter 3, of the Conven-
tion, 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 agree-
ments adopted before 1 May 1999,
for which the
Council has substituted itself, pursuant to Article 2 of
the Protocol. Pursuant
the Protocol,
cooperation in the context of the Schengen acquis is to
be conducted within the institutional and legal frame-
work 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 1 of

(4) OJ L 272, 25.10.2000, p. 24.

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(7)

(8)

(9)

(10)

(11)

(12)

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 visa policy, reflecting the
sensitivity of this area, in particular involving political
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, 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 imple-
menting powers would be conferred on the Commission
after the end of that transitional period.

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

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 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 repre-
sented, to Annexes 6 and 9 of the Schengen Consulta-
tion Network (Technical Specifications), and to those
Annexes to 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.

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 points 2 and 3 of Article 62 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,

HAS ADOPTED THIS REGULATION:

Article 1

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.
The Council, acting unanimously, at the initiative of one
of its members or on a proposal from the Commission, shall
amend, as necessary, the introduction and Parts I, II and III of
the Schengen Consultation Network (Technical Specifications),
as well as Annexes 2, 2A, 3, 4, 5, 7 and 8 thereto.

3.
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 Communities, 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 the CCI concerning Part III of Annex 1 thereto, Schedule A
of Annex 2 thereto (with the exception of the visa require-
ments 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
thereto, 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 Annexes 6 and 9 of the Schengen Consul-
tation Network (Technical Specifications).

2.
Any Member State wishing to make an amendment to
Annex 4, 5B, 5C, 7 or 9 to the CCI shall first submit a
proposal
to the other Member States 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, of the manual of documents to which a visa may be
affixed, of the manual concerning the issuance of Schengen
visas in third States where all the Schengen States are not
represented, and of the Schengen Consultation Network (Tech-
nical Specifications), in order to incorporate amendments made
pursuant to Articles 1 and 2. It shall transmit these versions to
the Member States as necessary.

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,

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

its

Article 4

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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