2001/420/EC: Council Decision of 28 May 2001 on the adaptation of Parts V and VI and Annex 13 of the Common Consular Instructions on Visas and Annex 6a to the Common Manual with regard to long-stay visas valid concurrently as short-stay visas
Date: 2001-05-28
Institutions: Council of the European Union
Subjects: EU visa policy, admission of aliens, residence permit

6.6.2001

EN

Official Journal of the European Communities

L 150/47

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 28 May 2001

on the adaptation of Parts V and VI and Annex 13 of the Common Consular Instructions on Visas
and Annex 6a to the Common Manual with regard to long-stay visas valid concurrently as
short-stay visas

(2001/420/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to 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 (1),

Having regard to 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 (2),

Having regard to the initiative of the French Republic,

Whereas:

(1)

(2)

(3)

It is necessary to adapt the Common Consular Instruc-
tions on Visas and the Common Manual
in order to
facilitate the application of Council Regulation (EC) No
1091/2001 of 28 May 2001 on freedom of movement
with a long-stay visa (3).

This Decision builds on the Schengen acquis, in accord-
ance with the Protocol integrating it into the framework
of the European Union, as laid down by 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
the Treaty establishing the European
provisions of
Community and the Treaty on European Union, the
legal basis for each of the provisions or decisions which
constitute the acquis (4).

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 that this Decision

(1) OJ L 116, 26.4.2001, p. 2.
(2) OJ L 116, 26.4.2001, p. 5.
(3) See page 4 of this Official Journal.
(4) OJ L 176, 10.7.1999, p. 1.

(4)

(5)

aims to build upon the Schengen acquis under the provi-
sions of Title IV of the Treaty establishing the European
Community, Denmark shall, in accordance with Article
5 of the said Protocol, decide within a period of six
months after the Council has adopted this Decision
whether it will transpose it into its national

law.

As regards the Republic of Iceland and the Kingdom of
Norway, this Decision constitutes a development of the
Schengen acquis within the meaning of the Agreement
concluded on 18 May 1999 by the Council of
the
European Union and those two States (5).

Pursuant to Article 1 of the Protocol on the position of
the United Kingdom and Ireland annexed to the Treaty
on European Union and to the Treaty establishing the
European Community, Ireland and the United Kingdom
are not participating in the adoption of this Decision.
Consequently, and without prejudice to the provisions
referred to in Article 4 of the Protocol, the provisions of
this Decision apply neither to Ireland nor to the United
Kingdom,

HAS ADOPTED THIS DECISION:

Article 1

The third subparagraph of section 2.3 of Part V of
the
Common Consular Instructions on Visas shall be replaced by
the following:

‘In cases where the applicants come under the categories
listed in Annex 5B subject to consultation with a central
authority — of the Ministry of Foreign Affairs or of another
body — (Article 17(2) of the Convention), uniform visas
and long-stay visas valid concurrently as short-stay visas
shall be issued according to the procedure outlined below.’

(5) OJ L 176, 10.7.1999, p. 36.

L 150/48

EN

Official Journal of the European Communities

6.6.2001

Article 2

Part VI of the Common Consular Instructions on Visas is
hereby amended as follows:

1. In the second subparagraph of section 1.1,

‘valid for’

heading:

(a) the introductory wording shall be replaced by the

following:

‘This heading may only be completed in one of the
following four ways:’;

(b) the following shall be added:

‘(d) Schengen State (using the abbreviations in (b))
which issued the national long-stay visa + Schengen
States:’;

(c) The following shall be inserted as a third indent:

‘— When the sticker is used to issue a national long-
stay visa valid concurrently as a uniform short-stay
visa for a maximum period of three months from its
initial date of validity, this heading is to be filled in
with the Member State which issued the national
long-stay visa, followed by “Schengen States”’;

2. The following shall be added to the first subparagraph of

section 1.7,

‘type of visa’ heading:

‘D + C: national
short-stay visa’.

long-stay visa valid concurrently as a

Article 3

An example, as set out in the Annex to this Decision, of the
method of filling in a visa-sticker for the issue of a national
long-stay visa valid concurrently as a uniform short-stay visa
shall be added to Annex 13 to the Common Consular Instruc-
tions on Visas and to Annex 6a of the Common Manual.

This Decision shall apply from 15 June 2001.

Article 4

Article 5

This Decision is addressed to the Member States in accordance
with the Treaty establishing the European Community.

Done at Brussels, 28 May 2001.

For the Council

The President

T. BODSTRÖM

ANNEX

NATIONAL LONG-STAY VISA VALID CONCURRENTLY AS A SHORT-STAY VISA

EXAMPLE 15

— In this case, the ‘VALID FOR’ heading is to be filled in with the code of the country which issued the long-stay visa +

the words ‘Schengen States’.

— This example shows a national long-stay visa issued by France and valid concurrently as a uniform short-stay visa.
— A long-stay visa valid concurrently as a short-stay visa bears the identification code D + C.