Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EC) No 789/2001 of 24 April 2001 reserving the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications^f1,

Having regard to Council Regulation (EC) No 790/2001 of 24 April 2001 reserving the Council implementing powers with regard to certain detailed provisions and practical procedures for carrying out border checks and surveillance^f2,

Having regard to the initiative of the French Republic,

Whereas:

Council Decision 2002/44/EC of 20 December 2001 amending Part VII and Annex 12 to the Common Consular Instructions and Annex 14a to the Common Manual^f3 established that the fees to be levied in connection with an application for a visa correspond to the administrative costs incurred. The Common Consular Instructions and the Common Manual should therefore be amended accordingly.

Council Decision 2003/454/EC of 13 June 2003 amending Annex 12 to the Common Consular Instructions and Annex 14a to the Common Manual on visa fees^f4 fixed the amount to be charged corresponding to the administrative costs of processing visa applications at EUR 35.

Recital 2 of Decision 2003/454/EC established that the amount to be charged should be revised at regular intervals.

The amount of EUR 35 no longer covers current visa application processing costs. Moreover, the consequences of the introduction of the European Visa Information System (VIS) and the biometrics required to introduce the VIS in the visa application examining process should be taken into account.

The current amount of EUR 35 should be readjusted accordingly in order to cover the additional costs of processing the visa application corresponding to the introduction of biometrics and the VIS.

Regulation (EC) No …/2006 of the European Parliament and of the Council laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention^f5 allows for the local border traffic permit to be issued free of charge.

Recommendation 2005/761/EC of the European Parliament and of the Council of 28 September 2005 to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the Community for the purpose of carrying out scientific research^f6 encourages the issue of visas without administrative fees for researchers.

Waiving or reducing the fees to be charged for nationals of certain third countries in addition to the exceptions mentioned in Article 2 of this Decision may be the subject of agreements between the European Community and the third countries concerned consistent with the Community's overall approach to visa facilitation agreements.

Member States should make maximum use of the possibilities offered by the Schengen acquis for the purpose of developing people-to-people contact with the neighbouring countries consistent with overall EU policy objectives.

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 in its national law.

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 ^f7, 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^f8.

As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation, concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point A of Decision 1999/437/EC in connection with Article 4(1) of the Council Decisions of 25 October 2004 on the signing on behalf of the European Union, and on behalf of the European Community, and on the provisional application of certain provisions of that Agreement.

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 ^f9; 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 ^f10; Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

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,

HAS ADOPTED THIS DECISION: