COUNCIL OF THE EUROPEAN UNION Brussels, 25 May 2004 (OR. en) 9564/04 VISA 93 FRONT 102 COMIX 342 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject : Council Decision amending Part V of the Common Consular Instructions and Part I of the Common Manual 9564/04 GA/ct
COUNCIL DECISION of amending Part V of the Common Consular Instructions and Part I of the Common Manual 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, 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 2, Having regard to the initiative of the French Republic, 1 2 OJ L 116, 26.4.2001, p 2. OJ L 116, 26.4.2001, p. 5. 9564/04 GA/ct 1
Whereas: (1) The Tampere, Laeken, Seville and Thessaloniki meetings of the European Council called on Member States to further develop a common policy on visas and to exercise great rigour in applying common visa-issuing procedures and in carrying our border checks. (2) In that connection, in order better to prevent abuses of the visa-issuing procedure, the application of the means of subsistence requirements under the Convention Implementing the Schengen Agreement 1 needs to be harmonised, by setting a reference amount applicable to all States implementing that Convention, taking into account the length and purpose of the stay and the cost of living in the Member State or States to be visited. Member States, when applying the reference amount, may take into account individual circumstances such as, whether persons travelling together are members of the same family, or visiting family/friends and for whom accommodation is being provided, or travelling on prepaid package holidays. (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. As 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 or not it will transpose it into its national law. 1 OJ L 239, 22.9.2000, p. 19. 9564/04 GA/ct 2
(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 1, which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC of 17 May 1999 2 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 3. 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 4. Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application. (7) Article 1 of this Decision constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession, 1 2 3 4 OJ L 176, 10.7.1999, p. 36. OJ L 176, 10.7.1999, p. 31. OJ L 131, 1.6.2000, p. 43. OJ L 64, 7.3.2002, p. 20. 9564/04 GA/ct 3
HAS ADOPTED THIS DECISION: Article 1 The wording of the paragraph headed " supporting documents regarding means of subsistence" in point 1.4 of Part V of the Common Consular Instructions shall be amended as follows: "The following may be accepted as proof of means of subsistence: cash in convertible currency, travellers cheques, cheque books for a foreign currency account, credit cards or any other means providing an equivalent guarantee of funds. The reference amount for the crossing of borders shall be determined each year by the national authorities of the Member States (see Annex 7). It shall be between EUR 40 and EUR 60 per day. The level of means of subsistence shall be proportionate to the length and purpose of the stay in the Member State or States to be visited. For the purposes of evaluating proof of means of subsistence, account shall be taken of individual circumstances, such as pre-paid package holidays or any sponsorship declaration presented by an alien in accordance with national rules and practices of the State to which the application is being made, and any other relevant elements related to the objective of the stay. In exceptional circumstances, such as humanitarian reasons, the amount can be reduced." 9564/04 GA/ct 4
Article 2 The wording of the Common Manual, Part I, point 4.1.2, first paragraph, last sentence shall be amended as follows: "The reference amounts, which are determined each year by the national authorities of the Member States, shall be between EUR 40 and EUR 60 per day and are set out in Annex 10. For the purposes of evaluating proof of means of subsistence, account shall be taken of individual circumstances, such as pre-paid package holidays or any sponsorship declaration presented by an alien in accordance with national rules and practices of the State to which the application is being made, and any other relevant elements related to the objective of the stay. In exceptional circumstances, such as humanitarian reasons, the amount can be reduced." 9564/04 GA/ct 5
Article 3 This Decision shall apply from 1 January 2005. This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community. Done at Brussels, For the Council The President 9564/04 GA/ct 6