2004/581/EC: Council Decision of 29 April 2004 determining the minimum indications to be used on signs at external border crossing points
Date: 2004-04-29
Institutions: Council of the European Union
Subjects: airport, border control, external border of the EU, traffic signs

6.8.2004

EN

Official Journal of the European Union

L 261/119

COUNCIL DECISION

of 29 April 2004

determining the minimum indications to be used on signs at external border crossing points

(2004/581/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 62(2)(a) thereof

Having regard to the initiative of the Hellenic Republic (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

It is necessary to update the existing indications on signs
at external air border crossing points marking the chan-
nels for persons entering the territory of the Member
States contained in Schengen Executive Committee Deci-
sion SCH/COM-EX (94) 17, rev 4 of 22 December 1994
introducing and applying the Schengen arrangements in
airports and aerodromes (3) in order to take account of
the Agreement on the European Economic Area and of
the Agreement between the European Community and
its Member States, of
the one part, and the Swiss
Confederation, of the other part, on the free movement
of persons.

It is also necessary to determine, in a uniform manner,
the indications for new signs marking the passenger
channels at external land and sea borders, where such
channels are used.

In order to avoid a disproportionate financial burden on
Member States, it is appropriate to provide for a transi-
tional period of five years during which the provisions
of this Decision only apply where Member States set up
new signs or replace existing ones.

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
III 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 imple-
ment it in its national law.

(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 (4),
which fall within the area referred to in Article 1, point
A of Council Decision 1999/437/EC of 17 May 1999 on
certain arrangements for the application of that Agree-
ment (5).

This Decision constitutes a development of provisions of
the Schengen acquis in which the United Kingdom does
not take part, 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 (6); 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 (7);
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 on 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

Member States shall provide separate lanes at authorised air
border crossing points at their external borders in order to
carry out the necessary border checks on persons entering their
territory. The lanes shall be differentiated by means of the signs
referred to in Article 2.

(1) OJ C 125, 27.3.2003, p. 6.
(2) Opinion delivered on 18 November 2003 (not yet published in the

Official Journal).

(3) OJ L 239, 22.9.2000, p. 168.

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

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Official Journal of the European Union

6.8.2004

The same signs shall be used if Member States provide separate
lanes at land and sea border crossing points at their external
borders.

Member States may vary the indications on these signs where
appropriate in the light of local circumstances.

Article 2

Article 5

The indications on the signs, which may be displayed electroni-
cally, shall be set out in the Annexes.

These indications may be displayed in such language or
languages as each Member State considers appropriate.

Article 3

1.

The following persons:

(a) citizens of the EU;

(b) nationals of States parties to the Agreement on the Euro-

pean Economic Area;

(c) nationals of the Swiss Confederation; and

(d) members of the families of persons mentioned in (a), (b)
and (c) above who are not nationals of one of those States,
and who benefit from the provisions of Community law on
the free movement of citizens of the European Union

are entitled to use the lane indicated by the sign in Annex I.
They may also use the lane indicated by the sign in Annex II.

All other third-country nationals shall use the lane indi-

2.
cated by the sign in Annex II.

3.
However, in the event of a temporary imbalance in the
traffic flows at a particular border crossing point, the rules
relating to the use of the different lanes may be waived by the
competent authorities for the time necessary to eliminate such
imbalance.

Article 4

At land and seaport border crossing points, Member States may
separate vehicle traffic into different lanes for light and heavy
vehicles and buses, by using signs as shown in Annex III.

Point 2 of the Annex (SCH/I-Front (94) 39 rev. 9) to Schengen
Executive Committee Decision SCH/COM-EX(94) 17, rev 4 of
22 December 1994, together with point 2 of the Decision
attached to that Annex on introducing and applying the
Schengen arrangements in airports and aerodromes (secondary
airports), shall be repealed.

Article 6

This Decision shall apply from 1 June 2004 in so far as
Member States set up new signs or replace existing signs at
border crossing points covered by this Decision. In all other
cases, this Decision shall apply from 1 June 2009.

Article 7

This Decision shall not apply to borders between Member
States governed by Article 3(2) of the 2003 Act of Accession.

Article 8

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

Done at Luxembourg, 29 April 2004.

For the Council

The President

M. McDOWELL

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ANNEX I

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ANNEX II

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ANNEX III

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Official Journal of the European Union

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