2002/587/EC: Council Decision of 12 July 2002 on the revision of the Common Manual
Date: 2002-07-12
Institutions: Council of the European Union
Subjects: EU law, Schengen Agreement, border control, free movement of persons, power of implementation

L 187/50

EN

Official Journal of the European Communities

16.7.2002

COUNCIL DECISION

of 12 July 2002

on the revision of the Common Manual

(2002/587/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,

Whereas:

(1)

(2)

It is necessary to repeal certain outdated provisions of
the Common Manual (2) and update certain other provi-
sions in order to bring them into line with Community
provisions on the right to move freely, enjoyed by citi-
zens of the European Union, nationals of States parties
to the Agreement on the European Economic Area and
nationals of the Swiss Confederation.

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. Given that this Decision aims to build
upon the Schengen acquis under the provisions of Title
IV of Part Three of the Treaty establishing the European

Community,
in accordance with Article 5 of the said
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.

(3)

(4)

As regards the Republic of Iceland and the Kingdom of
Norway, this Decision aims to build upon the provisions
of the Schengen acquis falling within the area referred to
in Article 1(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 Euro-
pean 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).

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, the abovemen-
tioned Member States are not participating in the adop-
tion of this Decision and are therefore not bound by it
or subject to its application,

HAS ADOPTED THIS DECISION:

Part II of the Common Manual shall be amended as follows:

1. Point 1.4.7 shall read as follows:

Article 1

‘1.4.7. Specific arrangements for persons entitled under Community law (citizens of the European
Union, nationals of States parties to the Agreement on the European Economic Area and
nationals of the Swiss Confederation, and members of their families) are described in points 6.1.1
to 6.1.4.

The provisions of points 1.4.2, 1.4.5 and 1.4.6 shall also apply to citizens of the European
Union, nationals of States parties to the Agreement on the European Economic Area and
nationals of the Swiss Confederation.

In addition to the provisions mentioned in the second subparagraph, the provisions of points
1.4.1a, 1.4.3, 1.4.4, 1.4.8 (subject to the provisions of point 6.1.4) and 1.4.9 shall also apply to
members of the families of citizens of the European Union, nationals of States parties to the
Agreement on the European Economic Area and nationals of the Swiss Confederation, who are
not nationals of one of those States.’

2. Point 2.1.5, second indent, shall read as follows:

‘— on documents enabling nationals of Andorra, Malta, Monaco, San Marino and Switzerland to cross

the border;’.

3. Point 3.3.1 is repealed.

(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).

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

16.7.2002

EN

Official Journal of the European Communities

L 187/51

4. As a result, the numbering in point 3.3 shall be amended as follows:

The points currently numbered 3.3.2, 3.3.3, 3.3.4, 3.3.5, 3.3.6, 3.3.7 and 3.3.8 shall become points
3.3.1, 3.3.2, 3.3.3, 3.3.4, 3.3.5, 3.3.6, 3.3.7.

5. The second paragraph of the new point 3.3.1.3(c) shall read:

‘Checks on passengers…… shall be carried out in accordance with point 3.3.1.3(b)…’.

6. The new point 3.3.1 shall read as follows:

‘3.3.1. The place where persons and hand baggage are checked shall be determined in accordance with

the following procedure:’.

7. Points 6.8.2 and 6.8.3 are repealed.

Article 2

This Decision shall apply from the date of its publication in the Official Journal of the European Communities.

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

Article 3

Done at Brussels, 12 July 2002.

For the Council

The President

T. PEDERSEN