CELEX: 32004D0466
Language: en
Date: 2004-04-29 00:00:00
Title: 2004/466/EC:COUNCIL DECISION OF 29.4.2004 AMENDING THE COMMON MANUAL IN ORDER TO INCLUDE PROVISION FOR TARGETED BORDER CONTROLS ON ACCOMPANIED MINORS

30.4.2004        EN          Official Journal of the European Union                     L 157/ 136
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                                        COUNCIL DECISION
                                              of 29.4.2004
                    amending the Common Manual in order to include provision
                        for targeted border controls on accompanied minors
                                             (2004/466/EC)
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,
1
      OJ L 116, 26.4.2001, p. 5.
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Whereas:
(1)   It is necessary to adopt special procedures for entry and exit checks on persons crossing the
      external borders, including on accompanied minors, given especially that the persons
      accompanying or supposedly accompanying minors are in fact often traffickers in human
      beings, and provision should be made for border control authorities to pay particular attention
      to all travelling minors.
(2)   Point 5 of the Declaration of the Executive Committee of 9 February 1998 on the abduction of
      minors states that "it is equally imperative that the authorities responsible for border control
      systematically check the identity papers and the travel documents of minors. This is
      particularly important if minors are travelling in the company of just one adult".
(3)   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 the said Protocol, decide, within a period of
      six months after the Council has adopted this Decision, whether it will implement it into its
      national law.
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(4)   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, which fall within the area referred to in Article 1, point A of Council
      Decision 1999/437/EC of 17 May 1999 1 on certain arrangements for the application of that
      Agreement.
(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 2; the United Kingdom is
      therefore not taking part in its adoption and is not bound by it or subject to its application.
(6)   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 3; Ireland is therefore not taking part in its adoption and is not bound by it or
      subject to its application.
(7)   This Decision constitutes an act building upon the Schengen acquis or otherwise related to it,
      within the meaning of Article 3(1) of the Act of Accession,
1
      OJ L 176, 10.7.1999, p.31.
2
      OJ L 131, 1.6.2000, p.43.
3
      OJ L 64, 7.3.2002, p. 20.
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HAS ADOPTED THIS DECISION:
                                               Article 1
In the second paragraph of point 6.8.1 of Part II of the Common Manual, the sentence reading:
"Staff carrying out checks must pay particular attention to minors travelling unaccompanied" shall
be amended as follows: "Staff carrying out checks must pay particular attention to minors, whether
travelling accompanied or unaccompanied".
                                               Article 2
This Decision shall enter into force on the day following that of its publication in the Official
Journal of the European Union.
                                               Article 3
This Decision is addressed to the Member States in accordance with the Treaty establishing the
European Community.
Done at Luxembourg, 29.4.2004.
                                                                       For the Council
                                                                        The President
                                                                         M. McDOWELL