2008/374/EC: Council Decision of 29 April 2008 amending Annex 3, Part I, to the Common Consular Instructions on third-country nationals subject to airport visa requirements
Date: 2008-04-29
Institutions: Council of the European Union
Subjects: EU visa policy, Schengen Agreement, admission of aliens, airport, foreign national, transit

L 129/46

EN

Official Journal of the European Union

17.5.2008

COUNCIL DECISION

of 29 April 2008

amending Annex 3, Part I, to the Common Consular Instructions on third-country nationals subject
to airport visa requirements

(2008/374/EC)

THE COUNCIL OF THE EUROPEAN UNION,

of six months after the Council has adopted this Decision
whether it will
implement the Decision in its national
law.

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 Kingdom of Belgium, the
Grand Duchy of Luxembourg and the Kingdom of
the
Netherlands,

Whereas:

(1)

(2)

(3)

Annex 3, Part I, to the Common Consular Instructions
contains the joint list of third countries whose nationals
are subject to airport transit visa (ATV) requirements by
all Member States.

the ATV requirement

The countries of the Benelux, Germany, Spain and Italy
to
wish, as regards Ghanaian and Nigerian nationals,
to persons who do not
limit
hold a valid visa issued by Member States of
the
European Union or for a State party to the Agreement
on the European Economic Area of 2 May 1992, Canada,
Japan, Switzerland or the United States of America. The
Common Consular
should therefore be
Instructions
amended accordingly.

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
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 Community, Denmark shall,
in accordance
with Article 5 of that Protocol, decide within a period

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

(4)

(5)

(6)

As regards Iceland and Norway, this Decision constitutes
the Schengen acquis
a development of provisions of
within the meaning of the Agreement concluded by the
the European Union and the Republic of
Council 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 fall within the area referred to in Article 1, point
A, of Council Decision 1999/437/EC of 17 May 1999 (3)
on certain arrangements for
that
Agreement.

the application of

As regards Switzerland, this Decision constitutes a deve-
lopment of provisions of the Schengen acquis within the
meaning of
the Agreement concluded between the
the European Community and the
European Union,
Swiss Confederation concerning the association of the
Swiss Confederation with the implementation, appli-
the Schengen acquis (4),
cation and development of
which fall within the area referred to in Article 1,
point A, of Decision 1999/437/EC read in conjunction
with Article 3 of Council Decisions 2008/146/EC (5) and
2008/149/JHA (6).

the European Community,

As regards Liechtenstein, this Decision constitutes a deve-
lopment of provisions of the Schengen acquis within the
meaning of the Protocol signed between the European
Union,
the Swiss Confe-
deration and the Principality of Liechtenstein on the
accession of
the Principality of Liechtenstein to the
Agreement between the European Union, the European
Community and the Swiss Confederation on the Swiss
Confederation’s association with the implementation,
application and development of the Schengen acquis (7),
which fall within the area referred to in Article 1, point
A, of Decision 1999/437/EC read in conjunction with
Article 3 of Council Decisions 2008/261/EC (8) and
2008/262/EC (9).

(2) OJ L 176, 10.7.1999, p. 36.
(3) OJ L 176, 10.7.1999, p. 31.
(4) OJ L 53, 27.2.2008, p. 52.
(5) OJ L 53, 27.2.2008, p. 1.
(6) OJ L 53, 27.2.2008, p. 50.
(7) OJ L 83, 26.3.2008, p. 3.
(8) OJ L 83, 26.3.2008, p. 3.
(9) OJ L 83, 26.3.2008, p. 5.

17.5.2008

EN

Official Journal of the European Union

L 129/47

(7)

(8)

(9)

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.

regards Cyprus,

As
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.

2. In the entry regarding Nigeria, the following footnote shall

be added:

‘For the Benelux countries, Germany, Italy and Spain:

The following persons shall be exempted from the ATV
requirement:

— Nationals in possession of a valid visa for a Member
State of the EU or for a State party to the Agreement
on the European Economic Area of 2 May 1992, Canada,
Japan, Switzerland or the United States of America, or
when they return from these countries after having used
the visa.’

3. In the entry regarding Eritrea, footnote (3) shall be replaced

by the following:

‘(3) For Italy:

(10) As

and Romania,

regards Bulgaria

this Decision
constitutes an act building on the Schengen acquis or
otherwise
of
to
Article 4(2) of the 2005 Act of Accession,

it within the meaning

related

HAS ADOPTED THIS DECISION:

Article 1

Annex 3, Part I, to the Common Consular Instructions is hereby
amended as follows:

The following persons shall be exempted from the ATV
requirement:

the EU or

— Nationals in possession of a valid visa for a Member
State of
for a State party to the
Agreement on the European Economic Area of
2 May 1992, Canada,
Japan, Switzerland or the
United States of America, or when they return
from these countries after having used the visa.’

Article 2

1. In the entry regarding Ghana, the following footnote shall be

This Decision shall apply from 1 May 2008.

added:

‘For the Benelux countries, Germany, Italy and Spain:

The following persons shall be exempted from the ATV
requirement:

— Nationals in possession of a valid visa for a Member
State of the EU or for a State party to the Agreement
on the European Economic Area of 2 May 1992, Canada,
Switzerland, Japan or the United States of America, or
when they return from these countries after having used
the visa.’

Article 3

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

Done at Brussels, 29 April 2008.

For the Council
The President

D. RUPEL

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