2003/586/EC: Council Decision of 28 July 2003 on the amendment of Annex 3, Part I, of the Common Consular Instructions and Annex 5a, Part I, of the Common Manual on third country nationals subject to airport visa requirements
Date: 2003-07-28
Institutions: Council of the European Union
Subjects: EU visa policy, Schengen Agreement, admission of aliens, foreign national

6.8.2003

EN

Official Journal of the European Union

L 198/15

COUNCIL DECISION

of 28 July 2003

on the amendment of Annex 3, Part I, of the Common Consular Instructions and Annex 5a, Part I,
of the Common Manual on third country nationals subject to airport visa requirements

THE COUNCIL OF THE EUROPEAN UNION,

(2003/586/EC)

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 Italian Republic,

Whereas:

(1)

(2)

Annex 3, Part I, of the Common Consular Instructions
and Annex 5a, Part I, of the Common Manual contain
third countries whose nationals are
the joint
subject to airport visa requirements (ATV) by all Member
States.

list of

The Italian Republic wishes to limit this air transit visa
requirement to Eritrean nationals who do not hold a
valid visa or residence permit issued by Member States
of the European Union or for a State party to the Agree-
ment on the European Economic Area of 2 May 1992,
Canada, Switzerland or the United States of America.
The Common Consular Instructions and the Common
Manual should therefore be amended accordingly.

the adoption of this Decision, and is not bound by it or
subject to its application. Given that this Decision builds
upon the Schengen acquis under the provisions of Title
IV of Part Three 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 implement it in its national law.

(4)

(5)

(6)

As regards Iceland and Norway, this Decision constitutes
a development of provisions of the Schengen acquis
within the meaning 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),
which fall within the area referred to in Article 1, point
A of Council Decision 1999/437/EC (4) on certain
arrangements for the application of that Agreement.

take part,

This Decision constitutes a development of provisions of
the Schengen acquis in which the United Kingdom does
in accordance with Council Decision
not
2000/365/EC of 19 May 2000 concerning the request of
the United Kingdom of Great Britain and Northern
Ireland to take part in some of the provisions of the
Schengen acquis (5); the United Kingdom is therefore not
taking part in its adoption and is not bound by it or
subject to its application.

This Decision constitutes a development of provisions of
the Schengen acquis in which Ireland does not take part,
in accordance with Council Decision 2002/192/EC of
28 February 2002 concerning Ireland's request to take
part in some of the provisions of the Schengen acquis (6);
Ireland is therefore not taking part in its adoption and is
not bound by it or subject to its application.

(3)

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark annexed to the Treaty on
European Union and to the Treaty establishing the
European Community, Denmark is not taking part in

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

(7)

This Decision constitutes an act building upon the
Schengen acquis or otherwise related to it within the
meaning of Article 3(2) of the 2003 Act of Accession,

(3) OJ L 176, 10.7.1999, p. 36.
(4) OJ L 176, 10.7.1999, p. 31.
(5) OJ L 131, 1.6.2000, p. 43.
(6) OJ L 64, 7.3.2002, p. 20.

L 198/16

EN

Official Journal of the European Union

6.8.2003

HAS ADOPTED THIS DECISION:

Article 3

Article 1

Footnote (4) relating to Eritrea in Annex 3, Part I, of the
Common Consular Instructions and in Annex 5a, Part I, of the
Common Manual should read as follows:

‘(4) For Germany and Italy

Only where the nationals are not in possession of a
valid visa or residence permit for a Member State of
the European Union or for a State party to the Agree-
ment on the European Economic Area of 2 May 1992,
Canada, Switzerland or the United States of America.’

This Decision shall apply from 1 September 2003.

Article 2

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

Done at Brussels, 28 July 2003.

For the Council

The President

F. FRATTINI