2004/17/EC: Council Decision of 22 December 2003 amending Part V, point 1.4, of the Common Consular Instructions and Part I, point 4.1.2 of the Common Manual as regards inclusion of the requirement to be in possession of travel medical insurance as one of the supporting documents for the grant of a uniform entry visa
Date: 2003-12-22
Institutions: Council of the European Union
Subjects: EU visa policy, Schengen Agreement, consulate, diplomatic representation, health insurance, travel

9.1.2004

EN

Official Journal of the European Union

L 5/79

COUNCIL DECISION

of 22 December 2003

amending Part V, point 1.4, of the Common Consular Instructions and Part I, point 4.1.2 of the
Common Manual as regards inclusion of the requirement to be in possession of travel medical
insurance as one of the supporting documents for the grant of a uniform entry visa

(2004/17/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 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 Hellenic Republic,

Whereas:

(1)

(2)

(3)

(4)

(5)

Point 22 of the Tampere European Council conclusions
stressed that ‘a common active policy on visas and false
documents should be further developed, including closer
cooperation between EU consulates in third countries
…’.

An essential condition for the application of a common
policy on the issuing of visas is the greatest possible
harmonisation of the conditions for the issuing of visas,
in particular as
the supporting documents
relating to means of subsistence which are submitted in
support of applications.

regards

It is necessary for visa applicants to be in possession,
among the supporting documents they are required to
produce, of evidence of individual or group travel insur-
ance to cover any expenses which might arise in connec-
tion with repatriation for medical
reasons, urgent
medical attention and/or emergency hospital treatment
during their stay in the territory of the Member States
applying in full the provisions of the Schengen acquis.

Applicants should in principle underwrite insurance in
their State of residence. Where this is not possible, they
should seek to obtain insurance in any other country.

It is advisable to provide for the possibility of exceptions
to the requirement to be in possession of travel insur-
ance in the case of holders of diplomatic, official duty

and other official passports and to provide for the possi-
bility of establishing, in the framework of local consular
cooperation, that nationals of certain third States should
not have to comply with this requirement. In addition, it
should be possible for the diplomatic or consular post
examining the application to waive this requirement in
specific cases where it considers it appropriate to do so.

It is advisable for a comment to be made in the national
entries section of the visa sticker in order to make it
clear whether the holder of the visa has been exempted
from the requirement to possess travel
insurance. The
Common Manual should be amended to provide that
where the holder cannot produce evidence of such insur-
ance at the border crossing point, the responsible officer
must check whether such a comment has been made.

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. Given that this Decision builds upon the
Schengen acquis under the provisions of Title IV of Part
Three of
the Treaty establishing the European Com-
munity, 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 implement it in its national law.

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

(6)

(7)

(8)

(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. 36.
(4) OJ L 176, 10.7.1999, p. 31.

L 5/80

EN

Official Journal of the European Union

9.1.2004

(9)

(10)

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 (1); 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 (2),
Ireland is therefore not taking part in its adoption and is
not bound by it or subject to its application.

(11)

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

The following shall be added to the third indent, after the
words ‘(see Annex 7) (1);’, of the second subparagraph of point
1.4 of Part V of the Common Consular Instructions:

‘In addition, in support of an application for a short-term
or travel visa, applicants must show that they are in posses-
sion of adequate and valid individual or group travel insur-
ance to cover any expenses which might arise in connec-
tion with repatriation for medical reasons, urgent medical
attention and/or emergency hospital treatment.

Applicants should in principle underwrite insurance in
their State of residence. Where this is not possible, they
should seek to obtain insurance in any other country. If the
host underwrites insurance for the applicant, he should do
this in his own place of residence.

The insurance must be valid throughout the territory of the
Member States applying in full
the
Schengen acquis and cover the entire period of the person's
stay. The minimum coverage shall be EUR 30 000.

the provisions of

In principle, the proof of this insurance shall be submitted
when the visa is issued.

to
The diplomatic mission or consular post competent
examine a visa application may decide that this require-
ment has been met where it is established that an adequate
level of insurance may be assumed in the light of the appli-
cant's professional situation.

Diplomatic missions or consular posts may, on a case by
case basis, decide to make an exception from this require-
ment for holders of diplomatic, official duty and other offi-
cial passports, or when this protects national interests in
the field of foreign policy, development policy or other
areas of vital public interest.

Exceptions from the requirement to produce evidence of
travel insurance may also be made when, in the framework
of local consular cooperation,
it is established that it is
impossible for nationals of certain third States to acquire
such insurance.

When assessing whether an insurance is adequate, Member
States may ascertain whether claims against the insurance
company would be recoverable in a Member State, Switzer-
land or Liechtenstein;’.

Article 2

The following subparagraphs shall be added at the end of point
4.1.2 of Part I of the Common Manual:

‘In accordance with Part V, point 1.4, second paragraph,
third indent of the Common Consular Instructions appli-
cants must show, in support of an application for a short-
term or travel visa, that they are in possession of adequate
and valid individual or group travel insurance to cover any
expenses which might arise in connection with repatriation
for medical reasons, urgent medical attention and/or emer-
gency hospital treatment.

However, a third-country national subject
to the visa
requirement may have been exempted from the abovemen-
tioned requirement. In such cases, the diplomatic mission,
consular representation or border control authority will
affix a comment — “NO INSURANCE REQUIRED” — to
that effect in the national entries section of the visa sticker.’

Article 3

This Decision shall apply from 1 June 2004.

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

Done at Brussels, 22 December 2003.

For the Council

The President

A. MATTEOLI

(1) OJ L 131, 1.6.2000, p. 43.
(2) OJ L 64, 7.3.2002, p. 20.