2004/574/CE: Council Decision of 29 April 2004 amending the Common Manual
Date: 2004-04-29
Institutions: Council of the European Union
Subjects: border control, customs document, customs formalities, foreign national, migration control

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Official Journal of the European Union

6.8.2004

COUNCIL DECISION

of 29 April 2004

amending the Common Manual

(2004/574/CE)

THE COUNCIL OF THE EUROPEAN UNION,

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 (1),

Having regard to the initiative of the Italian Republic,

Whereas:

(1)

(2)

Given the level of harmonisation reached on the criteria
for the refusal of entry at the external borders of the
Member States, it is desirable to be able to identify the
reasons for a previous decision to refuse the entry of an
alien. It is therefore necessary to use a standard form for
refusal of entry, which includes a categorisation of the
possible reasons for refusal, and to indicate in the pass-
port of the alien concerned the reason(s) for refusal. The
Common Manual (2)
amended
accordingly. The possibilities to appeal against the deci-
sion for refusal of entry are provided for in national law.

should therefore be

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
the Treaty establishing the European Com-
Three of
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 it
will implement it in its national law.

(3)

(4)

(5)

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 (3),
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
Agreement (4).

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 (5); 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 (6);
Ireland is therefore not taking part in its adoption and is
not bound by it or subject to its application.

(6)

This Decision constitutes an act building on the
Schengen acquis or otherwise related to it within the
meaning of Article 3(1) of the Act of Accession,

HAS ADOPTED THIS DECISION:

Article 1

Part II of the Common Manual is hereby amended as follows:

1. the following sentence shall be added at

the end of

Section 1.4.1:

‘To that end a standard form for refusal of entry at the
border as contained in Annex 16 shall be filled in and
handed to the alien concerned.’;

(1) OJ L 116, 26.4.2001, p. 5.
(2) OJ C 313, 16.12.2002, p. 97. Manual as last amended by Decision

2004/466/EC (OJ L 157, 30.4.2004, p. 136).

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

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2. Section 1.4.1a shall be replaced by the following:

Article 3

‘1.4.1a When refusing entry, the checking officer will affix
an entry stamp on the passport, cancelled by an
indelible cross in black ink, and enter on the right
hand side in indelible ink the letter(s) indicating the
reason(s) for refusal of entry as set out in the stand-
ard form for refusal of entry at
the border as
contained in Annex 16’.

This Decision shall apply from 1 June 2004.

Article 4

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

Article 2

Done at Luxembourg, 29 April 2004.

The standard form for refusal of entry at
the border, as
contained in the Annex to this Decision, shall be added as
Annex 16 to the Common Manual.

For the Council

The President

M. McDOWELL

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Official Journal of the European Union

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ANNEX

‘Annex [ ]

Standard form for refusal of entry at the

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