2004/16/EC: Council Decision of 22 December 2003 on downgrading Annex 5 to the Common Consular Instructions and the corresponding Annex 14b to the Common Manual and on declassifying Annexes 9 and 10 to the Common Consular Instructions and the corresponding Annexes 6b and 6c to the Common Manual
Date: 2003-12-22
Institutions: Council of the European Union
Subjects: Schengen Agreement, consulate, information

L 5/78

EN

Official Journal of the European Union

9.1.2004

COUNCIL DECISION

of 22 December 2003

on downgrading Annex 5 to the Common Consular Instructions and the corresponding Annex
14b to the Common Manual and on declassifying Annexes 9 and 10 to the Common Consular
Instructions and the corresponding Annexes 6b and 6c to the Common Manual

(2004/16/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 207 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Pursuant to its Decisions of 14 December 1993 (SCH/
Com-ex (93)22 rev) and of 23 June 1998 (SCH/Com-ex
the Executive Committee established by the
(98)17),
Convention implementing the Schengen Agreement of
14 June 1985, classified as ‘Confidential’ Annexes 5, 9
and 10 to the Common Consular Instructions and all
Annexes of the Common Manual (1), a new version of
which was adopted by the Decision of the said Executive
Committee on 28 April 1999 (SCH/Com-ex (99)13).

The Common Consular Instructions and the Common
Manual and the Decisions of the Executive Committee
on their classification form part of the Schengen acquis
as defined by the Council
in its Decision 1999/435/
EC (2).

Part I and several Annexes to the Common Manual have
been declassified in accordance with Council Decision
2000/751/EC (3) and Part II to the Common Manual has
been declassified in accordance with Council Decision
2002/353/EC (4).

Annex 5 to the Common Consular Instructions and the
corresponding Annex 14b to the Common Manual
should be downgraded and Annexes 9 and 10 to the
Common Consular Instructions and the corresponding
Annexes 6b and 6c to the Common Manual should be
declassified.

(SCH/Com-ex (93)22 rev)

It is appropriate to repeal the Executive Committee deci-
sions
and (SCH/Com-ex
(98)17), and to take future decisions on classification of
documents constituting part of the Schengen acquis in
accordance with the rules on the classification of docu-
ments set out in Council Decision 2001/264/EC of 19
March 2001 adopting the Council's security regula-
tions (5),

Article 1

Annex 5 to the Common Consular Instructions and the corre-
sponding Annex 14b to the Common Manual shall be down-
graded to ‘RESTREINT EU’ and Annexes 9 and 10 to the
Common Consular Instructions, as well as the corresponding
Annexes 6b and 6c to the Common Manual, shall be declassi-
fied.

Article 2

Annexes 9 and 10 to the Common Consular Instructions and
the corresponding Annexes 6b and 6c to the Common Manual
shall be published in the Official Journal of the European Union.

Article 3

The decisions of the Schengen Executive Committee of 14
December 1993 (SCH/Com-ex (93)22 rev) and of 23 June
1998 (SCH/Com-ex (98)17) are repealed.

Article 4

This Decision shall take effect on the day of its publication in
the Official Journal of the European Union.

Done at Brussels, 22 December 2003.

For the Council

The President

A. MATTEOLI

(1) OJ C 313, 16.12.2002, p. 97. The Common Manual as amended by
Council Regulation (EC) No 693/2003 (OJ L 99, 17.4.2003, p. 8).

(2) OJ L 176, 10.7.1999, p. 1.
(3) OJ L 303, 2.12.2000, p. 29.
(4) OJ L 123, 9.5.2002, p. 49.
(5) OJ L 101, 11.4.2001, p. 1.