2002/44/EC: Council Decision of 20 December 2001 amending Part VII and Annex 12 to the Common Consular Instructions and Annex 14a to the Common Manual
Date: 2001-12-20
Institutions: Council of the European Union
Subjects: EU visa policy, Schengen Agreement, admission of aliens, operating cost, prices

23.1.2002

EN

Official Journal of the European Communities

L 20/5

COUNCIL

COUNCIL DECISION

of 20 December 2001

amending Part VII and Annex 12 to the Common Consular Instructions and Annex 14a to the
Common Manual

(2002/44/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),

(4)

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),

association of those two States with the implementation,
application and development of the Schengen acquis (3).

In accordance with Articles 1 and 2 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 and are not
therefore bound by it or
subject to its application,

Having regard to the initiative of the Kingdom of Belgium,

HAS ADOPTED THIS DECISION:

Whereas:

Article 1

(1)

(2)

(3)

The fees to be levied in connection with an application
for a visa correspond to the administrative costs
incurred. The Common Consular Instructions and the
Common Manual should therefore be amended accord-
ingly.

Section 4 of Part VII of the Common Consular Instructions
shall be replaced by the following:

‘4. Fees to be charged corresponding to the administrative costs of

processing visa applications

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 Decision, and is therefore not bound by it or
subject to its application. Given that this Decision aims
to build upon the Schengen acquis under the provisions
of the third part of Title IV of the Treaty establishing the
European Community, Denmark will,
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
provisions of the Schengen acquis falling within the area
referred to in Article 1, point B, of Council Decision
1999/437/EC 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

The fees to be levied corresponding to the adminis-
trative costs of processing the visa application are listed
in Annex 12.

However, no fees are to be levied for administrative
costs for visa applications by nationals of third coun-
tries who are members of the family of a Union citizen
or of a national of a State party to the EEA Agreement,
exercising their right to free movement.’

Article 2

In Annex 12 of the Common Consular Instructions and Annex
14a of the Common Manual:
— the title and the sentence ‘Fees, in euro, to be charged when
issuing uniform visas’ shall be replaced by ‘Fees to be
charged, in euro, corresponding to the administrative costs
of processing the visa application’;

— the following sentence shall be added after the table:

‘These fees are to be charged in euro, in US dollars or in the
national currency of the third country where the applica-
tion is made.’

(1) OJ L 116, 26.4.2001, p. 2.
(2) OJ L 116, 26.4.2001, p. 5.

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

L 20/6

EN

Official Journal of the European Communities

23.1.2002

Article 3

Article 4

This Decision shall apply as from 1 July 2004 at the

1.
latest.

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

2. Member States may apply this Decision before 1 July
2004, provided that they notify the General Secretariat of the
Council of the date from which they are in a position to do so.

3.
If all the Member States apply this Decision before 1 July
2004, the General Secretariat of the Council shall publish in
the Official Journal of the European Communities the date from
which the last Member State applied the Decision.

Done at Brussels, 20 December 2001.

For the Council

The President

C. PICQUÉ