Proposal for a Decision of the European Parliament and the Council establishing a simplified regime for the control of persons at the external borders based on the unilateral recognition by the Member States of certain residence permits issued by Switzerland and Liechtenstein for the purpose of transit through their territory
Date: 2005-08-22
Institutions: European Commission
Subjects: EU visa policy, Liechtenstein, Switzerland, border control, external border of the EU, simplification of formalities, transit

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.8.2005 
COM(2005) 381 final 

2005/0158 (COD) 
2005/0159 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Introducing a simplified regime for the control of persons at the external borders based 
on the unilateral recognition by Czech Republic, Estonia, Cyprus, Latvia, Lithuania, 
Hungary, Malta, Poland, Slovenia, Slovakia of certain documents as equivalent to their 
national visas for the purposes of transit through their territories  

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL  

establishing a simplified regime for the control of persons at the external borders based 
on the unilateral recognition by the Member States of certain residence permits issued 
by Switzerland and Liechtenstein for the purpose of transit through their territory.  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. INTRODUCTION 

Mutual  recognition  of  travel  documents  issued  by  other  Member  States  is  one  of  the  basic 
principles  underpinning  the  creation  of  an  area  without  internal  borders.  The  objective 
pursued  by  this  principle  is  to  enable  a  third  country  national  holder  of  certain  documents 
issued  by  a  Member  State  fully  participating  in  the  common  area  to  enter  and/or  circulate 
freely  within  the  common  space  without  being  subjected  to  any  additional  requirement. 
Preconditions for the successful implementation of this principle is the existence of trust and 
confidence  between  partners  concerning  document  security  and  an  adequate  screening  of 
persons  based  on  common  criteria  and  procedures  in  order  to  avoid  any  risk  related  to  the 
mobility of this category of persons. 

The current Schengen “acquis” establishes the principle of mutual recognition of uniform visa 
(Art.10 of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 
1985  between  the  governments  of  the  States  of  the  Benelux  economic  union,  the  Federal 
Republic  of  Germany  and  the  French  Republic  on  the  gradual  abolition  of  checks  at  their 
common  borders  (hereinafter  referred  to  as  the  “Schengen  Convention”)1,  confirmed  by 
Article 2 of Regulation (EC) No 539/20012 stating that a visa issued by a Schengen Member 
State  is  also  valid  for  crossing  the  external  borders  of  another  Schengen  Member  State  for 
short  stay  or  transit  purposes.  The  current  Schengen  provisions  (Articles  18  and  21  of  the 
Schengen  Convention)  also  foresee  a  system  of  mutual  recognition  of  long  term  visas  and 
residence  permits  issued  by  Member  States  fully  implementing  the  Schengen  acquis.  This 
mutual recognition system covers transit (Article 18) and short stay (Article 21) purposes. 

As  far  as  new  Member  States  are  concerned,  the  so-called  “Schengen  two–phase 
implementation process” provided for in Article 3 of the Act of Accession, implies as regards 
the  visa  provisions  that  although  they  have  to  apply,  from  accession,  the  provisions  of 
Regulation (EC) 539/2001 and thus to submit third country nationals listed in its Annex 1 to a 
visa  requirement,  they  must  continue  to  issue  their  national  visas  until  the  adoption  of  the 
Council Decision authorizing their full integration into the Schengen area. 

The  definition  of  the  Schengen  visa  in  Article  2  of  Regulation  No  539/2001excludes  the 
possibility  that  a  short  term  visa  issued  by  a  State  fully  implementing  the  Schengen  acquis 
could be recognized as equivalent to a national visa issued by another Member State not fully 
integrated into the common area so that the latter Member State may not, on the basis of this 
lack  of  equivalence,  authorize  the  transit  and  the  stay  in  its  territory  of  citizens  of  third 
country  nationals  submitted  to  a  visa  obligation  without  requiring  its  own  national  visa.  In 
addition,  the  Regulation  does  not  foresee  the  equivalence  between  residence  permits  and 
visas. 

Further, the Schengen recognition rules applicable for transit and short stay purposes do not 
apply  upon  accession  as  between  old  and  new  Member  States.  Consequently,  new  Member 

1 
2 

OJ L 239, 22.09.2000, p.19. 
Regulation  (EC)  539/2001  of  15  March  2001  listing  the  third  countries  whose  nationals  must  be  in 
possession  of  visas  when  crossing  the  external  borders  and  the  countries  whose  nationals  are  exempt 
from  that  requirement,  OJ  L  81,21.3.2001,  p.1  Regulation  as  last  modified  by  Regulation  (EC)  No 
851/2005, OJ L141, 04.06.2005, p.3. 

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States  have  the  obligation  upon  accession  to  issue  national  visas  for  entry  into  and  transit 
through  their  territory,  to  third  country  nationals  submitted  to  a  visa  obligation  under 
Regulation  (EC)  No  539/2001,  even  if  the  persons  concerned  are  holders  of  a  Schengen 
residence permit or visa or are holders of national long term visas issued by a Schengen state.  

Although  all  the  provisions  of  the  “Schengen  acquis”  on  external  borders  including  Article 
5(3) of the Schengen Convention have been put in the category of Schengen provisions to be 
applied  from  accession  onwards  by  new  Member  States  in  their  mutual  relations  and  in  the 
relations  between  new  and  old  Member  States3  this  does  not  imply  per  se  a  regime  of 
mandatory mutual recognition of residence permits for the crossing of external borders given 
that  an  indispensable  basic  element  for  such  mutual  recognition  regime  -  i.e.  the  list  of 
residence  permits  concerned  and  provided  by  Annex  XI  of  the  Common  Manual-  has 
deliberately  and  explicitly  been  excluded  from  category  I  (the  provisions  applicable  upon 
accession).  This  is  fully  in  line  with  the  fact  that  all  provisions  of  the  Schengen  acquis 
establishing  a  regime  of  mutual  recognition  of  documents  (visa,  residence  permits…)  have 
been put in category II (provisions to be applied from a date to be determined by the Council). 
Article 5(3) only defines and limits the conditions for entry that need to be controlled. 

In the same way, Article 5(1) deals with the conditions for entry for third country nationals 
requiring  a  visa,  without  establishing  the  mutual  recognition  of  short  stay  visa.  Article  5(1) 
builds on the system of mandatory mutual recognition of short stay visa established by Article 
10  of  the  Schengen  Convention.  This  Article  5(1)  which  is  also  applicable  to  new  Member 
States from the date of accession does not oblige old Schengen Member States to recognise 
visa  issued  by  new  Member  States;  nor  does  it  oblige  new  Member  States  to  recognise 
Schengen visas. 

Moreover,  Article  5(3)  only  applies  to  third  country  national  holders  of  a  residence  permit 
who want to transit through the territory of another Member State in order to return to their 
residence;  it  does  not  apply  to  such  persons  who  want  to  transit  through  the  territory  of  a 
Member State in order to travel from the Member State of residence to a third country. Nor 
does  the  facilitation  provided  by  Article  5(3)  apply  to  holders  of  short  stay  visa.  Thus,  this 
provision does not constitute an appropriate solution to most of the problems described above. 

Before  their  accession  to  the  European  Union,  some  new  Member  States,  due  to  their 
geographical location on main transit roads, recognised in practice short term uniform visas, 
long stay visas and residence permits issued by the Schengen states for transit and/or for short 
term  purpose  as  equivalent  to  their  national  visas.  The  recognition  of  such  documents  was 
based on bilateral agreements concluded between new Member States and third countries or 
on unilateral national decisions4. New Member States pointed to the administrative difficulties 
they  are  facing  since  accession  to  the  European  Union  when  they  replaced  their  current 

3 

4 

According  to  this  Article  5(3),  “aliens  who  hold  residence  permits  issued  by  one  of  the  Contracting 
Parties…shall be authorised entry for transit purposes, unless their names are on the list of alerts of the 
Contracting Party, whose external borders they are seeking to cross.” 
For  instance,  in  the  bilateral  agreements  signed  successively  by  Poland  with  Ukraine,  Belarus  and 
Russia, there is a provision allowing nationals of these countries, holders of Schengen visa or residence 
permits to transit via Poland without the requirement of possessing a Polish transit visa. For Slovenia, 
the legal basis for the recognition of such a document for transit and short stay purposes took the form 
of  a  government  decision  based  on  informal  bilateral  agreements  with  Turkey,  the  former  Yugoslav 
Republic  of  Macedonia,  Bosnia-Herzegovina,  Serbia-Montenegro  and  Russia.  Hungary  has  signed 
bilateral agreements with Serbia-Montenegro and Ukraine containing similar provisions. 

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recognition  practice  with  a  new  regime  requiring  them  to  issue  national  visas  for  transit  or 
short  stay  purposes  to  third  country  nationals  who  are  holders  of  a  Schengen  visa  or  a 
residence permit or a national long stay visa issued by a Schengen State. In particular, they 
highlight  a  significant  additional  administrative  burden  for  their  Embassies  and  Consular 
offices in the Member States. They stressed also that the persons concerned by these facilities 
do not represent any risk for new Member States as they have been submitted to several strict 
controls  and  screening  by  the  Schengen  States  before  the  issuing  of  the  Schengen  visas, 
residence permits or the national visas.  

In  addition,  the  existing  rules  do  not  allow  Schengen  countries  to  recognise  third  country 
residence permits, such  as the residence  permits issued by Switzerland or Liechtenstein, for 
transit  or  short  stay  purposes  into  the  Schengen  territory.  This  implies  that  third  country 
nationals,  holders  of  a  residence  permit  issued  by  Switzerland  or  Liechtenstein,  who  are 
subject to the visa obligation, must apply for a visa when in transit via the common area on 
return  to  their  country  of  origin.  Given  the  important  seasonal  mobility  (i.e.  during  the 
summer  holiday  period)  the  Consular  offices  of  certain  Member  States  in  Switzerland  and 
Liechtenstein,  which  are  particularly  concerned  by  these  movements  because  of  their 
geographical location, face a heavy administrative burden due to the need to issue the required 
visas  in  a  timely  manner  during  the  said  periods.  According  to  a  survey  by  Switzerland’s 
Central Register of Foreign Nationals in April 2003, 514.250 persons would be concerned by 
this  seasonal  transit.  The  same  concerns  are  also  valid  as  regards  the  transit  of  holders  of 
residence permits issued by Liechtenstein although the figures are smaller5.  

As regards the Swiss authorities, they are currently exempting from visa (by means of a law 
that entered into force in July 2000) holders of residence permits issued by a European Union 
Member  State.  This  unilateral  recognition  by  Switzerland  of  resident  permits  issued  by  the 
European Union Member States as equivalent to their national visa covers the transit and the 
short stay purposes. In the long run, the question of recognition of the Swiss residence permit 
will  be  resolved  via  the  Agreement  signed  on  25/10/2004  in  view  of  the  association  of 
Switzerland  with  the  Schengen  acquis.  However,  signature  and  -  consequently  -  ratification 
will  still  take  some  time.  In  addition,  an  evaluation  of  all  necessary  preconditions  for  the 
implementation  of  the  Agreement  needs  to  be  carried  out,  before  Switzerland  can  fully 
participate in the Schengen acquis. The current problem nevertheless needs a rapid solution in 
order to serve the Member States interests. 

In the absence of specific provisions  in the “acquis” allowing  for a positive  response  to the 
questions raised, and in order to address the need of Member States for a suitable solution, the 

5 

After a first round of discussions on this issue in the relevant Council working group, Member States 
tried to resolve the problem within the framework of the existing provisions on transit visa (Common 
Consular Instructions point 1.2.1.2), using the possibility of issuing transit visas with a long period of 
validity (one or two years) and allowing more than one transit. However, this practical arrangement did 
not  result  in  an  adequate  solution.  In  particular  it  has  not  been  implemented  in  a  systematic  and 
coherent way by the Member States concerned and its effect towards decreasing the overall number visa 
applications was limited. In fact, the persons concerned move in principle once a year, so that a multi 
entry transit visa valid for a year is not the most appropriate instrument for facilitating their movement. 
Due  to  the  duration  of  Swiss  resident  permits,  the  validity  of  which  is  limited  to  one  year  with  the 
possibility of renewal, the Consular offices in place could not issue transit visas with longer period of 
validity.  In  line  with  the  experience  gained,  Member  States  took  position  in  favour  of  a  long  term 
solution for this issue, taking into account the fact that the persons concerned by the facilitation do not 
represent a risk as they are legally living and working in Switzerland and Liechtenstein. 

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Commission  examined  the  possibility  of  adopting  a  specific  system  based  on  a  unilateral 
recognition approach.  

2.  TWO PROPOSALS  

In order to address the situations described above, Commission considered the necessity for a 
suitable  solution  ensuring  a  high  level  of  security  and  avoiding  undermining  the  essential 
principles and the smooth operation of the Schengen area.  

Consequently, two instruments are hereby proposed:  

As  concerns  new  Member  States,  an  EP  and  Council  Decision  establishing  a  simplified 
regime for the control  of persons  at the  external borders based on the  unilateral recognition 
during the transitory period by new Member States of certain documents issued by Schengen 
States  and  also  foreseeing  the  possibility  to  extend  the  recognition  regime  to  include 
documents issued by other new Member State(s) (point 2.1). 

To this end, the Commission has taken into account: 

- 
the specific needs of new Member States in the area of visa during the transitory period 
till their full integration into the Schengen area when the rules of mutual recognition foreseen 
in the acquis will be applicable to them; 

the strict controls and screening to which the third country nationals have been submitted 
- 
before the issuing of the Schengen or national documents by the competent authorities of the 
Member States; 

- 

the low risk that this category of persons represents for the new Member States 

As  concerns  the  residence  permits  issued  by  Switzerland  and  Liechtenstein,  an  EP  and 
Council  Decision  establishing  a  simplified  regime  for  the  control  of  persons  at  the  external 
borders based on the unilateral recognition of certain residence permits issued by Switzerland 
and Liechtenstein as equivalent to the visa issued by Member States for the purpose of transit 
through their territory (point2.2). 

In order to define the specific regime the Commission has considered:  

- 
the chronic administrative difficulties put forward by some Consular offices of Members 
States  in  Switzerland  and  Liechtenstein  related  to  the  issuing  of  visas  to  third  country 
nationals legally living and working in these countries; 

the  low  level  of  risk  for  Member  States  from  transit  via  their  territory  of  holders  of 

- 
residence permits issued by Switzerland and Liechtenstein. 

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2005/0158 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Introducing a simplified regime for the control of persons at the external borders based 
on the unilateral recognition by Czech Republic, Estonia, Cyprus, Latvia, Lithuania, 
Hungary, Malta, Poland, Slovenia, Slovakia of certain documents as equivalent to their 
national visas for the purposes of transit through their territories  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
62(2) thereof, 

Having regard to the proposal from the Commission6, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty 

Whereas: 

(1) 

(2) 

(3) 

Pursuant  to  Article  3(1)  of  the  2003  Act  of  Accession  the  Member  States  which 
acceded to the Union on 1 May 2004 are required from that date to submit nationals of 
third  countries,  which  are  listed  in  Annex  I  of  the  Council  Regulation  (EC)  No 
539/2001  of  15  March  2001  listing  third  countries  whose  nationals  must  be  in 
possession  of  visas  when  crossing  the  external  borders  and  those  nationals  who  are 
exempt from that requirement7, to a visa obligation.  

According  to  Article  3  (2)  of  the  2003  Act  of  Accession,  the  provisions  of  the 
Schengen acquis on the conditions and criteria for issuing short term uniform visas, as 
well as the provisions on mutual recognition of visas and on the equivalence between 
residence permits and visas only apply in the New Member States after adoption of the 
Council  Decision  to  that  effect.  However,  they  are  binding  on  those  Member  States 
from the date of accession. 

New Member States are therefore required to issue national visas for entry or transit 
through  their  territory  to  third  country  nationals  holding  a  uniform  visa  or  long  stay 
visa or residence permit issued by a Member State fully implementing the Schengen 
acquis or similar document issued by other new Member States.  

(4) 

The holders of documents issued by Member States fully implementing the Schengen 
acquis and new Member States do not represent any risk for the new Member States as 

6 
7 

OJ C , , p. . 
OJ  L  81,  21.3.2001,  p.1  Regulation  as  last  amended  by  Regulation  (EC)  No  851/2005  (OJ  L  141, 
04.06.2005, p.3) 

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they have been subject to all necessary controls by other Member States. In order to 
avoid  imposing  unjustified  additional  administrative  burdens  on  the  new  Member 
States,  common  rules  should  be  adopted  authorizing  the  new  Member  States  to 
unilaterally  recognise  those  documents  as  equivalent  to  their  national  visa  and  to 
establish a simplified regime for the controls of person at the external borders based on 
this unilateral equivalence  

The  common  rules  should  apply  for  a  transitional  period,  until  the  date  to  be 
determined in a Council Decision as referred to in the first subparagraph of Article 3 
(2) of the 2003 Act of Accession. 

The recognition of a document should be limited to the purpose of transit through the 
territory of one or more new Member State(s), without affecting the possibility of new 
Member  States  to  issue  national  visas  for  short  term  stay.  The  participation  in  the 
common  system  should  be  optional,  without  imposing  additional  obligations  for  the 
new Member States as defined by the 2003 Act of Accession. 

The  common  rules  should  apply  to  short  term  uniform  visas,  long  stay  visas  and 
residence permits issued by Member States fully implementing the Schengen acquis as 
well as to short term visas, long term visas and residence permits issued by other new 
Member States.  

The  entry  conditions  laid  down  in  Article  5(1)  of  the  Convention  of  19  June  1990 
implementing the Schengen Agreement of 14 June 1985 between the governments of 
the States of the Benelux economic union, the Federal Republic of Germany and the 
French  Republic  on  the  gradual  abolition  of  checks  at  their  common  borders8 
(hereinafter referred to as the “Schengen Convention”), have to be fulfilled, with the 
exemption of 5(1)(b), insofar as this Decision sets up a unilateral recognition regime 
between  national  transit  visas  issued  by  a  new  Member  State  and  certain  documents 
issued  by  Member  States  fully  implementing  the  Schengen  acquis  as  well  as  similar 
documents issued by other new Member States.  

Since  the  objective  of  the  proposed  action  to  be  taken,  namely  the  introduction  of  a 
unilateral recognition regime to be applied by new Member states cannot be achieved 
sufficiently by Member States and can therefore, by reason of the scale and effects of 
the  action,  be  better  achieved  at  Community  level,  the  Community  may  adopt 
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 
Treaty. In accordance with the principle of proportionality, as set out in that Article, 
this Decision does not go beyond what is necessary in order to achieve this objective, 

(5) 

(6) 

(7) 

(8) 

(9) 

HAVE ADOPTED THIS DECISION: 

Article 1 

This Decision introduces a simplified regime for the control of persons at the external borders 
based on allowing the Czech Republic, Estonia, Cyprus, Latvia,  Lithuania,  Hungary, Malta, 
Poland,  Slovenia,  Slovakia,  (hereinafter  new  Member  States)  to  recognise  unilaterally  as 
equivalent to their national visas for  the purpose of transit, certain documents  issued by  the 

8 

OJL 239 22/09/00, p.19. 

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Member States fully implementing the Schengen acquis and documents issued by other new 
Member States to third country nationals subject to a visa obligation pursuant to Regulation 
(EC) 539/2001  

Article 2 

1.  A  new  Member  State  may  consider  as  equivalent  to  its  national  visa  for  the  purpose  of 
transit  the  following  documents  issued  by  the  Member  States  fully  implementing  the 
Schengen acquis, irrespective of the nationality of the holders: 

(i)  a  “uniform  visa”  as  referred  to  in  Article  10  of  the  Convention  implementing  the 
Schengen Agreement ; 

(ii)  a  “long  stay  visa”  as  referred  to  in  Article  18  of  the  Convention  implementing  the 
Schengen Agreement ;  

(iii) a “residence permit” as included in Annex IV of the Common Consular Instructions.  

2.  If  a  new  Member  State  decides  to  apply  this  Decision,  it  shall  recognise  all  documents 
referred  to  in  paragraph  2  issued  by  the  Member  States  fully  implementing  the  Schengen 
acquis independently of the State issuing the document.  

Article 3 

A  new  Member  State  that  applies  Article  2  may,  in  addition,  recognise  national  short  term 
visas, long term visas and resident permits issued by one or more other new Member States as 
equivalent to its national visa for the purpose of transit.  

Documents issued by new Member States, which may be recognised pursuant to this Decision 
are listed in the Annex.  

Article 4 

Member  States  may  only  recognise  documents  as  equivalent  to  their  national  visas  for  the 
purpose  of  transit  if  the  duration  of  the  transit  by  the  third  country  national  through  the 
territory of the new Member State(s) shall not exceed five days.  

The period of validity of the documents referred to in Articles 2 and 3 shall cover the duration 
of the transit.  

A uniform visa allowing one entry which has been used for entry into a Member State fully 
implementing  the  Schengen acquis shall  be  valid on the holder’s return trip for transit back 
through the territory of a same one new Member State.  

New  Member  States  shall  notify  the  Commission  within  10  working  days  of  the  entry  into 
force of this Decision if they decide to apply this Decision. 

Article 5 

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The  Commission  shall  publish  the  publication  communicated  by  new  Member  States  in  the 
Official Journal of the European Union.  

Article 6 

This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

It  shall  apply  until  the  date  to  be  defined  by  the  Council  in  a  Decision  adopted  pursuant  to 
Article 3(2) of the 2003 Act of Accession.  

This Decision is addressed to Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, 
Malta, Poland, Slovenia, Slovakia.  

Article 7 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX 

List of documents issued by new Member States 

CZECH REPUBLIC 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Vízum k pobytu do 90 dnů – (Short-stay visa)  

Visas 

Vízum za účelem převzetí povolení k pobytu VR – (visa with the aim of collecting 
a residence permit) 

Vízum k pobytu nad 90 dnů – (Long-stay visa) 

Diplomatické vízum – (diplomatic visa) 

Zvláštní vízum – (special visa) 

Vízum za účelem strpění VS – (Visa to allow exceptional leave to remain) 

Vstupní vízum VV – (entry visa) 

Vízum  za  účelem  dočasné  ochrany  VG  –  (Visa  for  the  purpose  of  temporary 
protection) 

Resident Permits 

Prukaz  o  povoleki  k  pobytu  pro  statniko  prislusnika  (residence  permit  for 
foreigners)9 

– 

– 

Long-term residence permit (valid – till the expiration day – maximum 1 year, 
extension is possible) 

Permanent residence permit (Issued to foreigners staying on the territory of the 
Czech Republic for more than 10 years. The time condition is not applicable if 
the  foreigner  is  a  close  family  member  of  the  Czech  citizen  (family 
unification), or if the foreigner stayed on the territory of the Czech Republic for 
more than 8 years and additional conditions stipulated by law are fulfilled (par. 
66 of the Czech Alien act- no. 326/1999 Col.) 

CYPRUS 

– 

Airport transit visas 

Visas 

9 

Same type of document for all variants with the validity indicated on the sticker 

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– 

– 

– 

– 

– 

Transit visas 

Travel visas (single entry, double entry, multiple entry) 

Residence permits 

Temporary residence permit (employment, visitor, student) 

Entry permit (employment, student) 

Immigration permit (permanent permit) 

REPUBLIC OF LATVIA 

– 

– 

– 

– 

– 

Visas 

Latvijas vīza - Kategorija C (short-stay visa) 

Latvijas vīza - Kategorija D (long-stay visa) 

Residence permits 

Pastāvīgās uzturēšanās atļauja (permanent residence permit) 10 

Termiņuzturēšanās atļauja (temporary residence permit; validity ranging from six 
months to ten years) 

Uzturēšanās atļauja (residence permit)11 

– 

Termiņa (temporary residence permit; validity ranging from six months to ten 
years) 

– 

Atļaujas veids – pastāvīgās (permanent residence permit) 

REPUBLIC OF LITHUANIA 

Visas 

Trumpalaikė viza (Short-stay visa) 

Ilgalaikė viza (Long-stay visa) 

Residence Permits 

Leidimas  laikinai  gyventi  Lietuvos  Respublikoje  (temporary  residence  permit; 
validity ranging from one to five years) 

Issued before first of May 2004 
Issued after first of May 2004 

– 

– 

– 

10 
11 

EN 

11 

   EN 

 
                                                 
– 

Leidimas nuolat gyventi Lietuvos Respublikoje (permanent residence permit) 

HUNGARY 

Visas 

Rövid időtartamú beutazóvízum (Short-stay visa) 

Tartózkodási vízum (Long-stay visa) 

Residence permits 

Tartózkodási engedély (Residence permit; validity ranging from one to four years, 
extension is possible) 

Letelepedési engedély (Settlement permit; Entitles the holder to reside in Hungary 
for an indefinite period, the validity of the document is 5 years) 

Bevándorlási engedély (Immigration permit)12 

– 

– 

– 

– 

– 

MALTA 

Visas 

Airport transit visas 

Transit visas (does not exceed 5 days) 

Short-stay or Travel visas (one or multiple-entry visas) 

Long-Stay  Visas  (entitles  Third  Country  Nationals  who  seek  to  enter  the  national 
territory of Malta, for reasons other than immigration, to pay a visit which exceeds 
90 days)  

Group visas (stay up to 30 days) 

– 

– 

– 

– 

– 

POLAND 

Visas 

– 

– 

12 

Wiza wjazdowa (Entry visa, stay till two weeks usually, valid for up to one year) 

Wiza pobytowa krotkoterminowa (Short-stay visa, stay up till three months, valid 
for up to five year, but usually for one) 

This permit is no longer issued after 1st of January 2002, however permits issued earlier are still valid, 
these foreigners have identity cards 

EN 

12 

   EN 

 
                                                 
– 

– 

– 

– 

– 

– 

– 

– 

– 

Wiza  pobytowa  dlugoterminowa  (Long-stay  visa,  stay  till  one  year,  valid  up  till 
five year, but usually for one year) 

Wiza dyplomatyczna (Diplomatic visa, stay up till three months within six months, 
valid up till five years, but usually for six months) 

Wiza sluzbowa (Service visa, stay up till three months within six months, valid up 
till five years, but usually for six months) 

Wiza kurierska (Diplomatic Courier visa, valid up till six months) 

Residence Permits 

Karta  pobytu  (Permanent  residence  card,  ‘PL’  series,  issued  since  first  July  2001, 
valid up to ten years, for an alien who has obtained a temporary residence permit, a 
permanent residence permit, a refugee status, a consent for tolerated stay) 

Karta stalego pobytu (Permanent residence card, ‘XS’ series, issued before 30 June 
2001,  for  an  alien  who  has  obtained  a  permanent  residence  permit ;  valid  for  ten 
years ; the last card of this edition is valid until 29 June 2011) 

Legitymacja  dyplomatyczna  (Diplomatic  card-  beige, 
ambassadors and members of the diplomatic staff of the missions) 

issued 

to  accredited 

Legitymacja  konsularna  (zielona)  (Consular  card  –  green,  issued  to  heads  of 
consular posts and members of consular staff) 

Legitymacja  sluzbowa  (Service  card,  issued  to  members  of  the  administrative, 
technical and service staff of the missions) 

SLOVENIA 

– 

Vizum za vstop (entry visas) 

Visas 

– 

– 

Vizum za kratkoročno bivanje C – (short-stay visa) 

Vizum za daljše bivanje D – (long-stay visa) 

Residence permits 

Dovoljenje za stalno prebivanje (Permanent residence permit) 

Dovoljenje  za  začasno  prebivanje  (Temporary  residence  permit;  validity  of 
maximum one year unless it is stipulated otherwise by the Slovenian Aliens Act) 

– 

– 

EN 

13 

   EN 

 
SLOVAK REPUBLIC 

– 

– 

– 

– 

Visas 

Krátkodobé vízum (short-stay visa) 

Dlhodobé vízum (long-stay visa)  

Residence permits 

Prechodný  pobyt  (temporary  residence  permit;  issued  to  foreigners  staying  in  the 
Slovak  Republic,  valid  for  maximum  one  year  and  possible  to  renew  for  up  to 
maximum five years) 

Trvalý  pobyt  (permanent  residence  permit;  initially  valid  for  three  years  and  then 
permanently) 

EN 

14 

   EN 

 
2005/0159 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL  

establishing a simplified regime for the control of persons at the external borders based 
on the unilateral recognition by the Member States of certain residence permits issued 
by Switzerland and Liechtenstein for the purpose of transit through their territory.  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
62(2) (a) thereof, 

Having regard to the proposal from the Commission13, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty 

Whereas: 

(1) 

(2) 

(3) 

Article  21  of  the  the  Convention  of  19  June  1990  implementing  the  Schengen 
Agreement  of  14  June  1985  between  the  governments  of  the  States  of  the  Benelux 
economic  union,  the  Federal  Republic  of  Germany  and  the  French  Republic  on  the 
gradual  abolition  of  checks  at  their  common  borders14  (hereinafter  referred  to  as  the 
“Schengen  Convention”)  foresees  that  residence  permits  issued  by  Member  States 
fully  implementing  the  Schengen  acquis  are  mutually  recognised  as  equivalent  to 
uniform visa.  

The  current  Community  rules  do  not,  however,  foresee  a  simplified  regime  for  the 
control of persons at the external borders whereby of the residence permits issued by 
third countries would be recognised as equivalent to the uniform visa for the purpose 
of transit through or short stay in the common area.  

Third country nationals who hold a resident permit issued by Switzerland and who are 
subject to a visa obligation under Council Regulation (EC) No 539/2001 of 15 March 
2001  listing  third  countries  whose  nationals  must  be  in  possession  of  visas  when 
crossing  the  external  borders  and  those  nationals  who  are  exempt  from  that 
requirement15  must  apply  for  a  visa  when  they  transit  the  common  area  on  return  to 
their country of origin. The consular offices of the Member States in Switzerland have, 
in  consequence,  to  deal  with  large  numbers  of  visa  applications  submitted  by  such 

13 
14 
15 

OJ C , , p.  
OJL 239 22/09/00, p.19. 
OJ  L  81,  21.3.2001,  p.1  Regulation  as  last  amended  by  Regulation  (EC)  No  851/2005  (OJ  L  141, 
04.06.2005, p.3) 

EN 

15 

   EN 

 
                                                 
(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

third  country  nationals  Similar  difficulties  have  occurred  as  regards  applications  for 
visas by holders of residence permits issued by Liechtenstein.  

As  a  result  of  the  two  step  implementation  of  the  Schengen  acquis,  new  Member 
States that acceded to the European Union on 1 May 2004 are required from that date 
to issue national visas to third country nationals, holders of a residence permit issued 
by Switzerland and Liechtenstein, who are subject to a visa obligation under Council 
Regulation (EC) No 539/2001. Some of the new Member States have voiced concerns 
as  to  the  additional  administrative  burden  this  will  cause  for  their  consulates  in 
Switzerland and Liechtenstein.  

It does not appear necessary for Member States to require this category of persons to 
hold a visa, as they represent a low illegal immigration risk for the Member States. 

In  order  to  address  the  situation  in  the  consular  offices  in  Switzerland  and 
Liechtenstein both of Member States fully implementing the Schengen acquis and of 
new  Member  States,  a  simplified  regime  should  be  introduced  for  the  control  of 
persons at the external borders based on the unilateral recognition of certain residence 
permits  issued  by  the  authorities  of  Switzerland  and  Liechtenstein  as  equivalent  to 
uniform or national visas.  

The recognition should be limited to transit purpose, without affecting the possibility 
of Member States to issue visas for short term stay.  

The  application  of  the  recognition  regime  should  be  compulsory  for  Member  States 
fully  implementing  the  Schengen  acquis  and  optional  for  new  Member  States  that 
apply the Decision …. during the transitional period until the date to be determined by 
the Council, in accordance with the first subparagraph of Article 3 ( 2) of the 2003 Act 
of Accession.  

The entry conditions laid down in Article 5(1) of the Schengen Convention have to be 
fulfilled, with the exception of 5(1)b, insofar as this Decision sets up an equivalence 
regime  between  transit  visa  and  residence  permits  issued  by  Switzerland  and 
Liechtenstein.  

(10)  Since the objective of the action to be taken directly affects the Community “acquis” 
on  visas  and  cannot  be  achieved  sufficiently  by  the  Member  States  acting  alone  and 
can  therefore,  by  reason  of  the  scale  and  effects  of  the  action,  be  better  achieved  at 
Community  level,  the  Community  may  adopt  measures,  in  accordance  with  the 
principle of subsidiarity  as  set out  in Article 5 of the Treaty.  In accordance with the 
principle of proportionality, as set out in that Article, this Decision does not go beyond 
what is necessary in order to achieve that objective.  

(11)  As  regards  the  Republic  of  Iceland  and  the  Kingdom  of  Norway,  this  Decision 
constitutes  a  development  of  the  provisions  of  the  Schengen  acquis  and  thus  falls 
within the area defined in Article 1(A) of Council Decision 1999/437/EC of 17 May 
1999 on certain arrangements for the application of the Agreement concluded by the 
Council  of  the  European  Union  and  the  Republic  of  Iceland  and  the  Kingdom  of 

EN 

16 

   EN 

 
Norway  concerning  the  association  of  these  two  States  to  the  implementation, 
application and development of the Schengen acquis16. 

(12) 

In  accordance  with  Article  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  by  the  Council  of  this 
Decision and is therefore not bound by it or subject to its application. However, since 
this  Decision  builds  upon  the  Schengen  acquis  under  Title  IV  of  Part  Three  of  the 
Treaty  establishing  the  European  Community,  Denmark  will,  in  accordance  with 
Article  5 of  the  Protocol, decide within a period of six months after the Council has 
adopted this Decision whether or not it will implement it in its national law.  

(13)  This Decision constitutes a development of the Schengen acquis, in which the United 
Kingdom  does  not  take  part  in  accordance  with  Articles  4  and  5  of  the  Protocol 
integrating the Schengen acquis into the framework of the European Union, annexed 
to  the  Treaty  on  European  Union  and  to  the  Treaty  establishing  the  European 
Community,  so  that  the  United  Kingdom  is  not  taking  part  in  the  adoption  of  this 
Decision and is not bound by it or subject to its application.  

(14)  This  Decision  constitutes  a  development  of  the  Schengen  acquis,  in  which  Ireland 
does not take part in accordance with Articles 4 and 5 of the Protocol integrating the 
Schengen acquis into the framework of the European Union, annexed to the Treaty on 
European  Union  and  to  the  Treaty  establishing  the  European  Community,  so  that 
Ireland  is  not  taking  part  in  the  adoption  of  this  Decision  and  is  not  bound  by  it  or 
subject to its application, 

HAVE ADOPTED THIS DECISION: 

Article 1 

This Decision establishes a simplified regime for the control of persons at the external borders 
based  on  the  unilateral  recognition  by  Member  States  of  residence  permits  issued  by 
Switzerland and Liechtenstein to third country nationals subject to a visa obligation pursuant 
to Regulation (EC) 539/2001 as equivalent to their uniform or national visa for the purpose of 
transit. 

Article 2 

Member  States  fully  implementing  the  Schengen  acquis  shall  unilaterally  recognise  the 
residence permits issued by Switzerland and Liechtenstein which are listed in the Annex. 

New  Member  States  which  apply  the  Decision  …,  introducing  a  simplified  regime  for  the 
control  of  persons  at  the  external  borders  based  on  the  unilateral  recognition  by  Czech 
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia of 
certain documents as equivalent to their national visas for the purposes of transit through their 
territories,  may  unilaterally  recognise  the  residence  permits  listed  in  the  Annex  to  this 

16 

OJL 176, 10.7.1999, p.31. 

EN 

17 

   EN 

 
                                                 
Decision  as  equivalent  to  their  national  transit  visa  until  the  date  to  be  determined  by  the 
Council, in accordance with Article 3( 2) of the 2003 Act of Accession.  

Article 3 

The duration of the transit of the third country national through the territory of the Member 
State(s) shall not exceed five days.  

The  period  of  validity  of  the  documents  listed  in  the  Annex  must  cover  the  duration  of  the 
transit.  

Article 4 

New Member States shall notify the Commission within 10 working days of the date of entry 
into  force  of  this  Decision  if  they  decide  to  apply  this  Decision.  The  Commission  shall 
publish the information communicated by the new Member States in the Official Journal of 
the European Union.  

This Decision shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 5 

This Decision is addressed to Member States. 

Article 6 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

18 

   EN 

 
 
 
ANNEX 1 

List of residence permits issued by the Swiss Confederation and Liechtenstein referred 
to in Article 2 

A. RESIDENCE PERMITS ISSUED BY SWITZERLAND  

– 

– 

– 

Ausländerausweis  B  /  Livret  pour  étrangers  B  /  Libretto  per  stranieri  B  / 
Legitimaziun d’esters B 

(Temporary residence permit type B. Issued in versions of three or four languages) 

(Gray) 

Ausländerausweis C / Livret pour étrangers C / Libretto per stranieri C 

(Permanent residence permit type C) (Green) 

Ausländerausweis Ci / Livret pour étrangers Ci / Libretto per stranieri Ci 

(Residence permit type Ci for family members of officials at intergovernmental organisations 
and foreign representations to the Federation of Switzerland. Concerns accompanying partner 
and children under 21 years of age) (Red) 

B. RESIDENCE PERMITS ISSUED BY LIECHENSTEIN 

– 

– 

Jahresaufenthaltsbewilligung (Temporary residence permit ) 

Niederlassungs  bewilligung  (Establishment  permit  which  validity  is  unlimited  in 
time). 

EN 

19 

   EN 

 
 
 
 
GENERAL ANNEX 

1. 

LEGAL ANALYSIS:  

1.1 EP and Council Decision introducing a simplified regime for the control of persons 
at the external borders based on the unilateral recognition by Czech Republic, Estonia, 
Cyprus,  Latvia,  Lithuania,  Hungary,  Malta,  Poland,  Slovenia,  Slovakia  of  certain 
documents as equivalent to their national visas for the purposes of transit through their 
territories. 

The  proposed  Decision  is  based  on  Article  62(2)  of  the  Treaty  establishing  the  European 
Community  and  is  addressed  to  the  new  Member  States.  According  to  Article  62  (2),  the 
Community can adopt measures on the crossing of the external borders of the Member States: 
first  of  all  (point  2a),  measures  establishing  “standards  and  procedures  to  be  followed  by 
Member  States  in  carrying  out  checks  on  persons  at  such  borders”;  these  measures  deal  in 
particular with the conditions for entry in view of a short stay in or transit through the area 
without internal borders; secondly (point 2b), measures on rules on visas for intended stays of 
no  more  than  three  months  –  including  transit  –  in  the  Schengen  area,  i.e.  on  the  prior 
authorisation required or not for crossing the external borders. 

Article 62 (2) (a) deals with the procedures for the carrying out of checks on persons crossing 
the external borders. This includes the control on required visas and authorisations; Article 62 
(2) (b) deals with the matter of the uniform visa. One of the basic principles underlying the 
creation  of  an  area  without  internal  borders  is  that  an  authorisation  given  by  one  Member 
State being part of this area is also valid for crossing the external borders of the other Member 
States that are part of that area without internal borders. In an area without internal frontiers, 
such  a  mutual  recognition  of  visa  is  compulsory.  This  is  also  true  for  the  principle  of  the 
equivalence between a residence permit issued by another Member State and a visa issued by 
national authorities.  

As  long  as  some  Member  States  are  applying  the  Schengen  provisions  on  the  crossing  of 
external borders (point 2a) and on the visa lists (point 2b(i)), without being part of the  area 
without internal borders, the compulsory mutual recognition cannot be imposed. However, it 
can  be  envisaged  that  a  simplified  regime  can  be  established  as  regards  the  controls  by  the 
new  Member  States  on  certain  persons  crossing  the  external  borders.  This  is  the  case  as 
regards  those  third  country  nationals  who  hold  visas  and  residence  permits  issued  by 
Schengen Member States or another new Member State. These third country nationals having 
gone through strict screening either by a Schengen Member State or by another new Member 
State  are  not  considered  to  present  a  threat  to  public  policy  or  to  represent  a  risk  of  illegal 
immigration. This being so, Member States not yet participating in the area without internal 
borders  should  be  allowed  to  unilaterally  recognise  visa  and  residence  permits  issued  by 
Schengen states or by another new Member State. - 

The regime will thus allow new Member States to simplify the control at the external borders 
by  unilaterally  recognising  certain  documents  issued  by  Member  States  fully  implementing 
the  Schengen  acquis  as  well  as  similar  national  documents  issued  by  other  new  Member 
States.  The  regime  will  be  applicable  till  the  end  of  the  transitory  period  and  the  full 

EN 

20 

   EN 

 
participation of the new Member States in the area without internal borders, date from which 
the mutual recognition of such documents becomes compulsory.  

The recognition regime would be limited to the purpose of transit through the territory of new 
Member States. Such a limitation is necessary in order to avoid any risk of confusion or bad 
implementation of the current Schengen rules on visa which define the state responsible for a 
visa application (it is the State in whose territory is located the main destination of the visit or 
the  State  of  the  first  entry).  In  fact,  the  correct  implementation  of  the  Schengen  rules 
regarding the State responsible for issuing a visa could be challenged if, on the basis of a visa 
issued by a Schengen State, a third country national was authorized to enter the territory of a 
new Member State for a short stay of up to 90 days. 

The documents selected for the recognition regime are: 

the  uniform  visa  issued  by  a  Schengen  State  in  compliance  with  the  common  rules  laid 

- 
down in the Common Consular instructions (transit, short term or travel, group visa); 

- 

national long stay visas issued by a Schengen State according to their national legislation; 

residence permits issued by a Schengen State and which are included in Annex IV of the 
- 
Common Consular Instructions which lists the documents entitling their holders to enter the 
Schengen area without a visa ; 

the  national  short  term  and  long  term  visas  as  well  as  the  residence  permits  issued  by 

- 
another new Member State.  

Taking into account the existing rules on transit visas in the Common Consular Instructions as 
well  as  the  geographical  situation  of  new  Member  States,  the  duration  of  the  transit  period 
may  not  exceed  five  days.  The  introduction  of  a  unilateral  recognition  regime  by  a 
Community  instrument  would  not  impose  any  new  obligations  to  new  Member  States  in 
addition  to  those  listed  in  the  2003  Act  of  Accession  and  would  thus  not  constitute  a 
derogation  from  the  2003  Act  of  Accession.  The  purpose  of  the  proposed  rules  is  to  allow 
unilateral recognition of certain documents (issued by Member States fully implementing the 
Schengen acquis or new Member States) by new Member States keen to avoid administrative 
difficulties  that  would  accompany  the  issue  of  national  visas  for  third  country  nationals, 
holders of such documents. The proposed regime will be implemented on an optional basis: 
new Member States have the possibility either to implement the new instrument or to continue 
issuing national visas as required by the Accession Act.  

Should they opt for the implementation of the common regime, new Member States will have 
to  accept  all  documents  issued  by  Member  States  fully  implementing  the  Schengen  acquis, 
thus  avoiding  any  distinction  as  regards  the  issuing  Authority.  The  extension  of  the 
recognition  rules  to  the  documents  issued  by  other  new  Member  States  is  possible  for  new 
Member States participating in the unilateral recognition regime of Schengen documents. 

New Member States have to communicate their decision to the Commission. The Commission 
will publish this information and ensure in this way that the whole system is transparent. A 
new Member State could nevertheless refuse entry to third country nationals whose names are 
on its national list of alerts.  

EN 

21 

   EN 

 
The proposed system is limited to the transit purpose. Thus, it is not aimed at replacing the 
issuing of national visas by new Member States for short stay. Consequently, in compliance 
with the existing rules, new Member States have the possibility to issue multi-entry national 
visas  for  short  stay  which  could  be  valid  for  one  or  more  years  in  order  to  facilitate  the 
mobility  of  third  country  nationals,  holders  of  Schengen  documents,  who  need  to  travel 
frequently to a new Member State. 

This instrument will be adopted by co-decision.  

1.2. EP and Council Decision establishing a simplified regime for the control of persons 
at  the  external  borders  based  on  the  unilateral  recognition  by  the  Member  States  of 
certain  residence  permits  issued  by  Switzerland  and  Liechtenstein  for  the  purpose  of 
transit through their territory. 

The Decision proposed is based on Article 62(2) (a) of the Treaty establishing the European 
Community. As stated above, Article 62 (2) (a) deals with measures establishing “standards 
and procedures to be followed by Member States in carrying out checks on persons at such 
borders.  The  introduction  of  a  simplified  regime  for  the  control  of  persons  at  the  external 
borders  is  based  on  the  compulsory  unilateral  recognition  of  residence  permits  issued  by  a 
third  country  as  a  valid  authorisation  to  cross  the  external  borders  of  the  Member  States. 
Again  as  regards  a  third  country  national  who  is  in  possession  of  a  resident  permit  from 
Switzerland or Liechtenstein, it is to be considered that such a person would not be a threat to 
public policy or would not represent a risk of illegal immigration.  

The  proposed  Decision  thus  foreseeing  the  establishment  of  a  simplified  regime  for  the 
control  of  persons  at  the  external  borders  based  on  the  unilateral  recognition  regime  by 
Member States fully participating in the common area and by new Member States for which 
the Schengen acquis is legally binding upon accession. The recognition is limited to the transit 
purpose. The implementation of the recognition regime is mandatory for Member States fully 
participating in the common area. For new Member States participating in the EP and Council 
Decision allowing the unilateral recognition by them of documents issued by Schengen States 
and  other  new  Member  States  as  equivalent  to  national  visa  for  the  transit  purpose,  the 
implementation of the present instrument is optional during the transitory period till the date 
to be decided by the Council for their full integration into the Schengen area. This distinction 
is  necessary  in  order  to  avoid  imposing  upon  new  Member  States  additional  obligations 
during this period.  

Prior to their full integration within the common area, new Member States have the possibility 
to decide whether they will participate in the recognition regime and they have to notify their 
decision  to  the  European  Commission.  The  Commission  will  ensure  the  publication  of  the 
relevant information. The recognition regime will be applicable to all third country nationals, 
submitted to a visa obligation according to Annex 1 of Regulation 539/2001, who are holders 
of  certain  residence  permits  issued  by  Switzerland  and  Liechtenstein.  A  list  of  these 
documents is annexed to the Decision. The system proposed does not in any way affect the 
rules of the Schengen acquis as regards procedures and verifications required for crossing the 
external borders.  

As the proposed system is limited to transit, it does not affect the possibility of Member States 
to issue multi-entry visas for short stay, valid for one or more years in order to facilitate the 

EN 

22 

   EN 

 
mobility  of  third  country  nationals,  holders  of  residence  permits  issued  by  Switzerland  and 
Liechtenstein. 

Pursuant to Council Decision (EC) 2004/927 this instrument will be adopted by co-decision. 

2. SUBSIDIARITY AND PROPORTIONALITY 

Article 5 of the EC Treaty provides that “action by the Community shall not go beyond what 
is necessary to achieve the objectives of this Treaty”. Action taken by the Community must be 
the simplest form of action possible that enables the proposal to attain its objective and to be 
implemented as efficiently as possible. In this spirit the proposed legal instruments chosen to 
establish common principles for the introduction of a unilateral recognition regime are:  

-  A  Decision  allowing  new  Member  States  to  recognise  unilaterally  certain  documents 
issued by Member States fully implementing the Schengen acquis as well as similar national 
documents  issued  by  other  new  Member  States  during  the  transitory  period  till  the  full 
integration  of  new  Member  States  into  the  common  area.  Participation  in  the  regime  is 
optional.  

-  A  Decision  on  the  unilateral  recognition  by  Member  States  of  the  certain  residence 
permits issued by Switzerland and Liechtenstein as equivalent to visa for the transit purpose. 
The aim is to facilitate transit via the territory of the Member States by forgoing the need for 
transit  visas  for  the  holders  of  such  residence  permits  issued  by  these  two  countries.  The 
proposed  regime  is  mandatory  for  Member  States  fully  implementing  the  Schengen  acquis. 
Participation  in  the  recognition  regime  is  optional  for  new  Member  States  during  the 
transitory period till the date of their full integration into the common area, date from which 
the recognition regime becomes compulsory.  

The  objective  pursued  by  the  above  mentioned  proposals,  that  is  the  introduction  on  a 
temporary  basis  of  common  rules  on  unilateral  recognition  of  certain  documents  by  new 
Member States as well as the introduction of a common regime for unilateral recognition by 
Member States of certain residence permits issued by Switzerland and Liechtenstein, can only 
be  attained  through  action  at  the  Community  level,  as  no  Member  State  would  have  the 
possibility to adopt purely national measures achieving the desired effect. 

The  Community  action  has  opted  for  measures  that  would  allow  the  proposal  to  attain  its 
objective  and  be  implemented  as  efficiently  as  possible.  In  this  spirit,  two  different  legal 
instruments  have  been  chosen  taking  into  account  the  objectives  foreseen.  For  the  first 
proposal,  an  EP  and  Council  Decision  is  the  appropriate  legal  instrument  for  the  optional 
implementation  by  new  Member  States  of  common  unilateral  recognition  rules  which 
constitute a temporary derogation of the existing rules for mutual recognition. For the second 
proposal,  an  EP  and  Council  Decision  is  chosen  in  view  of  the  fact  that  the  proposed 
provisions foresee the setting up of a permanent regime of derogation from the current mutual 
recognition rules, allowing the unilateral recognition by all Member States fully implementing 
the Schengen acquis of certain residence permits issued by Switzerland and Liechtenstein. 

3.  CONSEQUENCES  IN  RELATION  TO  THE  VARIOUS  PROTOCOLS  ANNEXED 
TO THE TREATY 

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The first proposed EP and Council Decision is addressed exclusively to new Member States 
introducing  a  specific  transitory  regime  allowing  them  to  unilaterally  recognise  certain 
documents  issued  by  Member  States  fully  implementing  the  Schengen  acquis  and  similar 
documents  issued  by  other  new  Member  State(s).  The  proposed  Decision  is  optional  and 
would  be  applicable  by  a  new  Member  State  till  the  date  to  be  decided  by  the  Council  in 
compliance with Article 3 paragraph 2 of the 2003 Act of Accession. By its own nature, the 
regime established by this proposal can not imply the variable situation as laid down by the 
protocols on the position of the United Kingdom, Ireland and Denmark.  

The  proposed  EP  and  Council  Decision  concerning  the  unilateral  recognition  by  Member 
States of certain  residence permits  issued by Switzerland and  Liechtenstein as  equivalent to 
the  transit  visa  falls  within  Title  IV  of  the  Treaty  and  is  therefore  affected  by  the  “variable 
geometry”  arising  from  the  Protocols  on  the  positions  of  the  United  Kingdom,  Ireland  and 
Denmark. The proposal for a Decision builds upon the Schengen acquis. Consideration must 
therefore be given to certain consequences arising from the various Protocols: 

United Kingdom and Ireland 

Pursuant  to  Articles  4  and  5  of  the  Protocol  integrating  the  Schengen  acquis  into  the 
framework  of  the  European  Union,  Ireland  and  the  United  Kingdom  of  Great  Britain  and 
Northern Ireland, which are not bound by the Schengen acquis, “may at any time request to 
take  part  in  some  or  all  of  the  provisions  of  the  acquis”.  The  proposal  for  a  Decision 
constitutes a development of a part of the Schengen acquis, in which the United Kingdom and 
Ireland do 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,  and 
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.  The  United Kingdom  and  Ireland  are 
therefore not taking part in its adoption and are not bound by it or subject to its application. 

Denmark 

Under the Protocol on the position of Denmark annexed to the EC Treaty, Denmark does not 
take part in the adoption by the Council of measures pursuant to Title IV of the EC Treaty, 
with the exception of “measures determining the third countries whose nationals must be in 
possession of a visa when crossing the external borders of the Member States” or “measures 
relating to a uniform format for visas” (former Article 100c). Where, however, as in this case, 
the proposals constitute a development of the Schengen acquis, Article 5 of the Protocol states 
that, “Denmark shall decide within a period of six months after the Council has decided on a 
proposal or initiative to build upon the Schengen acquis under the provisions of Title IV of 
the Treaty establishing the European Community, whether it will implement this decision in 
its national law”. 

Norway and Iceland 

Pursuant to the first paragraph of Article 6 of the Protocol integrating the Schengen acquis, an 
Agreement was signed on 18 May 1999 between the Council, Norway and Iceland in order to 
associate  these  two  countries  with  the  implementation,  application  and  development  of  the 
Schengen acquis.17 Article 1 of this Agreement states that Norway and Iceland are associated 

17 

OJ L 176, 10.7.99, p. 35. 

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with the activities of the EC and the EU in the fields covered by the provisions referred to in 
Annexes A  (provisions  of  the  Schengen  acquis)  and  B  (provisions  of  European  Community 
acts which have replaced corresponding provisions of — or were adopted pursuant to — the 
Schengen  Convention) to the  Agreement, and their further development. Under Article 2 of 
the  Agreement,  Norway  and  Iceland  implement  and  apply  the  provisions  of  all  acts  or 
measures taken by the European Union amending or building upon the integrated Schengen 
acquis (Annexes A and B). 

The  present  proposal  builds  upon  the  Schengen  acquis  as  defined  in  Annex  A  to  the 
Agreement. The matter must therefore be discussed in the "Mixed Committee" provided for in 
Article  4  of  the  Agreement  to  allow  Norway  and  Iceland  "to  explain  the  problems  they 
encounter in respect of" the measure and "to express themselves on any questions concerning 
the development of provisions of concern to them or the implementation thereof". 

4.  ARTICLE-BY-ARTICLE COMMENTARY 

4.1  EP  and  Council  Decision  (EU)  No  …..  introducing  a  simplified  regime  for  the 
control of persons at the external borders based on the unilateral recognition by Czech 
Republic,  Estonia,  Cyprus,  Latvia,  Lithuania,  Hungary,  Malta,  Poland,  Slovenia, 
Slovakia  of  certain  documents  as  equivalent  to  their  national  visas  for  the  purposes  of 
transit through their territories  

Article 1 

The Article specifies the purpose of the Decision, which is to introduce a simplified regime 
for the control of persons at the external borders based on allowing the new Member States to 
recognise  unilaterally,  as  equivalent  to  their  national  visas,  documents  issued  by  Member 
States  fully  participating  in  the  common  area  and  documents  issued  by  other  new  Member 
States.  This  derogation  from  the  current  recognition  rules  in  the  acquis  is  limited  to  transit 
through the territory of the new Member States. The regime is applicable to all third country 
nationals  submitted  to  the  visa  requirement  according  to  Regulation  539/2001.  Family 
Members of citizens of the Union who have exercised their right to free movement within the 
EU are also beneficiaries of the common rules. 

Article 2 

The  proposal  follows  an  optional  approach  allowing  the  new  Member  States  to  decide 
whether  they  use  the  derogation  regime  or  continue  implementing  the  current  rules.  New 
Member  States  opting  for  the  implementation  of  the  common  rules  unilaterally  recognize 
certain documents issued by Member States fully implementing the Schengen acquis. The list 
of  documents  issued  by  Member  States  fully  implementing  the  Schengen  acquis  covers  the 
uniform  visa  and  the  long  term  national  visa  as  described  in  the  Articles  10  and  18  of  the 
Schengen  Implementation  Convention  respectively,  and  all  the  residence  permits  issued  by 
these countries listed in the Annex IV of the Common Consular Instructions. All documents 
issued by all Member States fully implementing the Schengen acquis without any distinction 
as  regards  the  issuing  Member  State  are  covered  by  the  recognition  regime.  The  objective 
pursued is to preserve the equal value of all documents issued by the Schengen States. 

Article 3 

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New  Member  States  that  have  decided  to  implement  the  common  rules  recognizing  the 
documents  issued  by  the  Schengen  States  may,  in  addition,  opt  for  the  recognition  of 
documents issued by other new Member State(s). In an Annex to this Decision there is a list 
of  the  documents  issued  by  the  new  Member  States  which  could  be  subject  of  such 
recognition.  

Article 4 

Inspired  by  the  duration  of  the  transit  mentioned  in  the  Common  Consular  Instructions,  the 
proposed  duration  of  the  transit  period  has  been  set  at  five  days.  This  period  should  be 
sufficient for covering any transit requirement through the territory of a new Member State. 
Since  the  recognition  regime  concerns  different  categories  of  Schengen  and  national 
documents of varying lengths of validity, the proposed system opts for a general framework 
defining  the  minimum  acceptable  length  of  validity  of  the  documents  concerned. 
Consequently,  the  period  of  validity  has  to  exceed  five  days  from  the  day  of  entry  into  the 
territory  of  the  new  Member  State.  As  concerns  the  uniform  visa  allowing  one  entry  (and 
short stay), it is foreseen that once used for entry to the common area, it can be used again as 
valid authorisation for purposes of transit through the territory of a new Member State on the 
return-trip of the holder back to the country of origin.  

Article 5 

New Member States have the obligation to communicate to the Commission, within a specific 
time period, their position concerning their eventual participation in the common recognition 
regime. All relevant information submitted by the new Member States, will be published by 
the Commission in the Official Journal of the European Union.  

Article 6 

Standard provision 

Taking  account  of  the  “two  step  Schengen  implementation  procedure”,  the  proposed 
recognition  regime  will  cover  the  whole  transitory  period  until  the  date  specified  in  the 
Council Decision which will be adopted in conformity with Article 3(2) of the 2003 Act of 
Accession.  

Article 7 

Standard provision. 

4.2. EP  and  Council  Decision  (EU)  No  …..  establishing  a  simplified  regime  for  the 
control  of  persons  at  the  external  borders  based  on  the  unilateral  recognition  by  the 
Member States of certain residence permits issued by Switzerland and Liechtenstein for 
the purpose of transit through their territory 

Article 1 

The Article specifies the purpose of the Decision, which is to establish a simplified regime for 
the control of persons at the external borders based on the unilateral recognition of residence 
permits  issued  by  Switzerland  and  Liechtenstein  as  equivalent  to  their  visa.  The  purpose  of 

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this recognition is limited to the transit through the Schengen territory or the territory of the 
new Member States.  

Article 2 

The proposal follows two different implementation mechanisms: 

(a)  Member  States  that  have  fully  implemented  the  Schengen  acquis  are  obliged  to 
unilaterally recognise all residence permits issued by Switzerland and Liechtenstein which are 
listed in the Annex; 

(b) New Member States that have decided to implement the Decision … and recognised 
unilaterally the documents issued by Member States fully implementing the Schengen acquis, 
may  chose  to  participate  during  the  transitory  period  till  their  full  integration  into  the 
Schengen area (“optional participation”). In particular, new Member States that have already 
opted  for  the  unilateral  recognition  of  the  documents  issued  by  Member  States  fully 
implementing  the  Schengen  acquis  and  documents  issued  by  other  new  Member  State(s), 
could  in  addition  decide  to  recognise  all  the  residence  permits  issued  by  Switzerland  and 
Liechtenstein  which  are  listed  in  the  Annex.  The  common  recognition  rules  will  become 
mandatory for them after their full integration into the common area.  

Article 3 

Inspired  by  the  duration  of  the  transit  mentioned  in  the  Common  Consular  Instructions,  the 
proposed  duration  of  the  transit  period  has  been  set  at  five  days.  This  period  should  be 
sufficient for covering any transit requirement through the territory of Member State(s). The 
validity  of  the  documents  listed  in  the  annex  has  to  exceed  five  days  from  the  moment  of 
entry, thus covering the whole period afforded for transit.  

Article 4 

New Member States have the obligation to communicate to the Commission, within a specific 
time period, their position concerning their eventual participation in the common recognition 
regime. All relevant  information submitted by  the new  Member  States will  be  published  by 
the Commission in the Official Journal of the European Community.  

Articles 5 and 6 

Standard provision 

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