2004/15/EC: Council Decision of 22 December 2003 amending point 1.2 of Part II of the Common Consular Instructions and drawing up a new Annex thereto
Date: 2003-12-22
Institutions: Council of the European Union
Subjects: EU visa policy, Schengen Agreement, consulate, diplomatic representation

L 5/76

EN

Official Journal of the European Union

9.1.2004

COUNCIL DECISION

of 22 December 2003

amending point 1.2 of Part II of the Common Consular Instructions and drawing up a new Annex
thereto

(2004/15/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 the initiative of the French Republic,

Whereas:

(1)

(2)

(3)

(4)

The possibility of a Member State being represented by
another Member State in a third country, as provided for
in point 1.2 of Part II of the Common Consular Instruc-
tions (CCI), is currently confined to situations where the
Member State asking to be represented has no represen-
tation in that third country.

Owing to the large increase in applications for entry
visas into the Schengen area there is now a need, with
regard to the issuing of uniform visas in third countries,
for synergy in the means deployed by the Member States
and for coordination and rationalisation of the location
of services whose task it is to examine visa applications.
It would thus appear necessary to provide for the possi-
bility of a Member State to be represented in a third
country by another Member State even when it already
has representation in that third country, subject to fair
distribution between the Member States.

It is appropriate moreover, for reasons of transparency,
to draw up a new Annex to these CCI, concerning a
table of representations for issuing uniform visas.

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 taking part in the adoption
of this Decision, and is not bound by it or subject to its
application. As 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 or not it will
transpose it in into its national law.

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

(5)

(6)

(7)

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 (2),
which fall within the area referred to in Article 1, point
A of Council Decision 1999/437/EC on certain arrange-
ments for the application of that Agreement (3).

take part,

This Decision constitutes a development of provisions of
the Schengen acquis in which the United Kingdom does
not
in accordance with Council Decision
2000/365/EC of 29 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 (4). 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 (5).
Ireland is therefore not taking part in its adoption and is
not bound by it or subject to its application.

(8)

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,

HAS ADOPTED THIS DECISION:

Article 1

Point 1.2 of Part II of the Common Consular Instructions shall
be amended as follows:

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

9.1.2004

EN

Official Journal of the European Union

L 5/77

1. Points (a) to (d) shall be replaced by the following:

‘(a) If the State responsible has no diplomatic mission or
consular post in a given State, the uniform visa may be
issued by the mission or post of the State representing
the State responsible. The visa is issued on behalf of the
to its prior
is being represented, subject
State that
authorisation, and where necessary,
to consultation
between the central authorities. If one of the Benelux
States has a diplomatic mission or consular post, it shall
in principle automatically represent the other Benelux
States, unless the Benelux State concerned is in practice
unable to represent the other Benelux States, in which
case the latter may call upon another partner State to
represent them on visa matters in the third country in
question.

(b) Even if a State has a diplomatic mission or consular
post in a third country, it may ask another State having
a consular post in that third country to represent it. The
uniform visa is issued on behalf of the State that is
being represented, subject to its prior authorisation, and
where necessary, to consultation between the central
authorities.

(c) When uniform visas are issued pursuant to (a) and (b),
the form of representation shall be agreed between the
State or States being represented and the State repre-
senting that or those State(s), and shall specify:
— the duration of such representation and the condi-

tions for its termination;

for

such

implementing

— and, for the application of point (b), the arrange-
ments
representation,
including the conditions governing the provision of
premises by the representing State or the provision
of staff by the representing State and the State being
represented, and the possible financial contribution
of the State being represented to the costs involved
in issuing visas incurred by the representing State.

2. In point (e), the words ‘in non-member countries in which
not all Schengen States are represented’ shall be replaced by
‘in the event of representation pursuant to (a) and (b).’

indent of point

(e) shall be replaced by the

3. The last
following:
‘— at local

level, diplomatic missions or consular posts
shall, in the framework of local consular cooperation,
ensure that appropriate information on the responsibil-
ities arising from the use of representation pursuant to
(a) and (b) is made available to visa applicants.’

Article 2

An Annex, numbered 18 and entitled ‘Table of representations
for issuing uniform visas’, shall be added to the CCI. This
Annex shall be drawn up and updated on the basis of informa-
tion communicated to the General Secretariat of the Council
pursuant to the procedure referred to in Article 2 of Regulation
(EC) No 789/2001 for amendments to the manual concerning
the issuance of Schengen visas in third States in which not all
the Schengen States are represented and shall replace the
manual.

Article 3

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

Article 4

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

Done at Brussels, 22 December 2003.

(d) When uniform visas are issued pursuant to (a) and (b),
the representation shall be reflected in the table of
representation for the issuing of uniform visas set out
in Annex 18.’

For the Council

The President

A. MATTEOLI