2008/859/EC: Council Decision of 4 November 2008 amending Annex 3, Part I, to the Common Consular Instructions on third-country nationals subject to airport visa requirements
Date: 2008-11-04
Institutions: Council of the European Union
Subjects: EU visa policy, Schengen Agreement, admission of aliens, airport, foreign national, transit

14.11.2008

EN

Official Journal of the European Union

L 303/11

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 4 November 2008

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

(2008/859/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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),

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
accordance with
shall,
Article 5 of that Protocol, decide within a period of six
months after the Council has adopted this Decision
implement the Decision in its national
whether it will
law.

in

Having regard to the initiative of France,

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.

as
to limit

regards Ghanaian and Nigerian
France wishes,
nationals,
to persons
the ATV requirement
who do not 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
Instructions should
America. The Common Consular
therefore be 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

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

(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 (2),
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
that
Agreement (3).

the application of

As regards Switzerland, this Decision constitutes a devel­
opment of provisions of the Schengen acquis within the
the Agreement concluded between the
meaning of
European Union,
the European Community and the
Swiss Confederation concerning the association of the
Swiss Confederation with the implementation, appli­
cation and development of the Schengen acquis, 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 (4) and
2008/149/JHA (5).

(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. 1.
(5) OJ L 53, 27.2.2008, p. 50.

L 303/12

EN

Official Journal of the European Union

14.11.2008

(6)

(7)

(8)

(9)

this Decision constitutes a
regards Liechtenstein,
As
development of provisions of
the Schengen acquis
within the meaning of the Protocol signed between the
European Union, the European Community, the Swiss
Confederation 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 (6),
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 (7) and
2008/262/EC (8).

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 (9). 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 (10).
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.

(10)

This Decision constitutes
an act building on the
Schengen acquis or otherwise related to it within the
meaning of Article 4(2) of the 2005 Act of Accession,

1.

in the entry regarding Ghana, the existing footnote shall be
replaced by the following:

‘For the Benelux countries, France, 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.’;

2.

in the entry regarding Nigeria, the existing footnote shall be
replaced by the following:

‘For the Benelux countries, France, 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.’

This Decision shall apply from 5 November 2008.

Article 2

Article 3

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

HAS ADOPTED THIS DECISION:

Done at Brussels, 4 November 2008.

Article 1

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

For the Council
The President

C. LAGARDE

(6) OJ L 83, 26.3.2008, p. 3.
(7) See footnote 6.
(8) OJ L 83, 26.3.2008, p. 5.
(9) OJ L 131, 1.6.2000, p. 43.
(10) OJ L 64, 7.3.2002, p. 20.