2002/352/EC: Council Decision of 25 April 2002 on the revision of the Common Manual
Date: 2002-04-25
Institutions: Council of the European Union
Subjects: Schengen Agreement, border control, customs regulations

9.5.2002

EN

Official Journal of the European Communities

L 123/47

COUNCIL

COUNCIL DECISION

of 25 April 2002

on the revision of the Common Manual

(2002/352/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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 (1),

Having regard to the initiative of the Kingdom of Belgium and
the Kingdom of Sweden,

(5)

Whereas:

(1)

(2)

(3)

It
the
is necessary to repeal certain provisions of
Common Manual (2) which are superfluous for border
control activities and to amend certain other provisions
in order to take account of that repeal.

Member States have indicated to the General Secretariat
of the Council that certain Annexes to the Common
Manual consisting of lists of factual information, which
must be provided by them in accordance with the rules
that they currently apply, also no longer need to form
part of the Common Manual.

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 not bound by it or subject to
its application. Since this Decision aims to build upon
the Schengen acquis under the provisions of Title IV of
Part Three of
the Treaty establishing the European
in accordance with Article 5 of the said
Community,
Protocol, Denmark will decide within a period of six
months after the Council has adopted this Decision
whether it will transpose it into its national

law.

(4)

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

(1) OJ L 116, 26.4.2001, p. 5.
(2) Referred to in Annex A to Council Decision 1999/435/EC, under
SCH/Com-ex (99) 13 (OJ L 176, 10.7.1999, p. 1), declassified in
part by Council Decision 2000/751/EC of 30 November 2000 (OJ
L 303, 2.12.2000, p. 29) and last amended by Council Regulation
(EC) No 334/2002 of 18 February 2002 (OJ L 53, 23.2.2002, p.
7).

referred to in Article 1, point A, 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
association of those two States with the implementation,
application and development of the Schengen acquis (3).

Pursuant to 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 estab-
lishing the European Community, the abovementioned
Member States are not participating in the adoption of
this Decision and are therefore not bound by it or
subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

Part I of the Common Manual

1.
follows:

is hereby amended as

(a) in point 1.2, the second sentence shall be replaced by the

following:

‘The unauthorised crossing of external borders at places
other than border crossing points or at times other than
the fixed opening hours is punishable by the penalties
law.’;
provided for by national

(b) point 1.3 shall be replaced by the following:

‘By way of exception, the following may cross external
borders at places other than authorised crossing points and
outside the fixed hours:

— persons in respect of whom provision is made for the
appropriate permits under bilateral agreements on local
border traffic, known in Italy as “local border traffic” or
“excursion traffic”,

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

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EN

Official Journal of the European Communities

9.5.2002

— seamen who go ashore in accordance with point 6.5.2.’;

Article 2

(c) in point 1.3.1, the last sentence shall be repealed;

(d) point 1.3.3 shall be replaced by the following:

‘Derogations from the provisions of point 1.2 in connec-
tion with local border traffic — known in Italy as “local
border traffic” or “excursion traffic” — are granted in
accordance with the bilateral agreements concluded by the
Member States with bordering third States.’

Annexes 2 and 3 of

2.
deleted.

the Common Manual shall be

This Decision shall apply from 1 June 2002.

Article 3

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

Done at Luxembourg, 25 April 2002.

For the Council

The President

M. RAJOY BREY