2004/14/EC: Council Decision of 22 December 2003 amending the third subparagraph (Basic criteria for examining applications) of Part V of the Common Consular Instructions
Date: 2003-12-22
Institutions: Council of the European Union
Subjects: EU visa policy, Schengen Agreement, consulate, diplomatic representation

L 5/74

EN

Official Journal of the European Union

9.1.2004

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 22 December 2003

amending the third subparagraph (Basic criteria for examining applications) of Part V of the
Common Consular Instructions

(2004/14/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(6)

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 Italian Republic,

Whereas:

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 Euro-
pean 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 Com-
munity, 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)

(2)

(3)

(4)

(5)

The European Councils of Tampere, Laeken, Seville and
Thessaloniki have called on the Member States
to
develop their common visa policy further and to step up
local consular cooperation between their representations
in third countries.

An analysis of the data concerning illegal immigration
has shown that short-term visas (tourism, business,
study, work or family visits) are the ones most often
used for the purpose of regularly entering the territory
of the Contracting Parties to the Schengen Convention
and then going underground when the visa expires.

In order to assess an immigration risk, it appears neces-
sary further to step up local consular cooperation in
determining what
additional
supplementary
documents should be required for issuing visas and as
regards
for
detecting false or falsified documents more effectively.

the adoption of common mechanisms

and/or

Among the various factors on which the assessment of
an immigration risk must be based, the outcome of the
interview to which the visa applicant is subjected by the
diplomatic mission or consular post is also of funda-
mental importance.

Diplomatic missions and consular posts should therefore
be in a position to exercise more effectively the powers
they possess to assess an immigration risk.

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

(7)

(8)

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 falls within the area referred to in Article 1, point
A of Council Decision 1999/437/EC (3) 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
not
in accordance with Council Decision
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 (4); the United Kingdom is therefore not
taking part in its adoption and is not bound by it or
subject to its application.

(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.

9.1.2004

EN

Official Journal of the European Union

L 5/75

(9)

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

(10)

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,

tional supporting documentation, agreed through local
consular cooperation if possible, may also be required. The
diplomatic mission or consular post must also draw on
local consular cooperation to enhance its capacity to detect
false or falsified documents submitted in support of some
visa applications. If there is any doubt as to the authenticity
of
submitted,
including doubt as to the veracity of their contents, or over
the reliability of statements collected during interview, the
diplomatic mission or consular post shall refrain from
issuing the visa.’

the papers and supporting documents

HAS ADOPTED THIS DECISION:

Article 2

Article 1

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

The third subparagraph (Basic criteria for examining applica-
tions) of Part V of the Common Consular Instructions shall be
replaced by the following:

‘The diplomatic mission or consular post shall assume full
responsibility in assessing whether there is an immigration
risk. The purpose of examining applications is to detect
those applicants who are seeking to immigrate to the
Member States and set themselves up there, using grounds
such as tourism, business, study, work or family visits as a
pretext. Therefore, it is necessary to be particularly vigilant
when dealing with “risk categories”, unemployed persons,
those with no regular income, etc. To the same end, funda-
mental importance attaches to the interview held with the
applicant to determine the purpose of the journey. Addi-

Article 3

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 64, 7.3.2002, p. 20.