Decision No 895/2006/EC of the European Parliament and of the Council of  14 June 2006  introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia of certain documents as equivalent to their national visas for the purposes of transit through their territories
Date: 2006-06-14
Institutions: Council of the European Union, European Parliament
Subjects: EU visa policy, accession to the European Union, border control, external border of the EU, foreign national, third country

20.6.2006

EN

Official Journal of the European Union

L 167/1

I

(Acts whose publication is obligatory)

DECISION No 895/2006/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 June 2006

introducing a simplified regime for the control of persons at the external borders based on the
unilateral recognition by the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and 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,

binding on those Member States from the date of
accession.

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

establishing the European

(3)

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (1),

Whereas:

(1)

(2)

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 subject to
a visa obligation nationals of the third countries listed in
Annex I to 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
requirement (2).

Pursuant 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 a
they are
Council decision to that effect. However,

(1) Opinion of

the European Parliament of 6 April 2006 (not yet
published in the Official Journal) and Council Decision of 1 June
2006.

(2) OJ L 81, 21.3.2001, p. 1. Regulation as last amended by Regulation

(EC) No 851/2005 (OJ L 141, 4.6.2005, p. 3).

(4)

(5)

(6)

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 a similar
document issued by other new Member States.

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 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
authorising the new Member States unilaterally to
to their
recognise
national visas and to establish a simplified regime for
the controls of persons at the external borders based
on that unilateral equivalence.

those documents

equivalent

as

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 States and should not affect the possibility
of new Member States to issue national visas for a short-
term stay. Participation in the common system should be
optional and should not entail the imposition of addi-
tional obligations on the new Member States as defined
by the 2003 Act of Accession.

L 167/2

EN

Official Journal of the European Union

20.6.2006

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
and to short-term visas,
long-term visas and residence
permits issued by other new Member States.

(12)

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,

(7)

(8)

(9)

(10)

(11)

on

rules

governing

The entry conditions laid down in Article 5(1) of Regu-
lation (EC) No 562/2006 of the European Parliament and
the Council of 15 March 2006 establishing a
of
Community Code
the
the
movement of persons across borders (Schengen Borders
Code) (1) have to be fulfilled, with the exception of the
condition laid down in Article 5(1)(b) thereof, insofar as
this Decision sets up a regime of unilateral recognition
by new Member States of certain documents issued by
Member States fully implementing the Schengen acquis
and similar documents issued by other new Member
States for the purpose of transit.

sufficiently

Since the objective of this Decision, namely the intro-
duction of a regime of unilateral recognition by new
Member States of certain documents issued by other
transit, cannot be
Member States for the purpose of
and
can
States
by Member
achieved
this
therefore, by reason of
the scale and effects of
Decision, 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 propor-
tionality, as set out in that Article, this Decision does not
go beyond what is necessary in order to achieve this
objective.

concluded by the Council of

This Decision does not constitute a development of the
provisions of the Schengen acquis within the meaning of
the
the Agreement
European Union and the Republic of Iceland and the
Kingdom of Norway concerning those two States' asso-
ciation with the implementation, application and devel-
opment of the Schengen acquis, as it is addressed only to
fully implement
the
Member States that do not yet
and
for
Schengen acquis. However,
coherence
the
proper
this
Schengen system,
the
Decision also covers visas and residence permits issued
by third countries associated with the implementation,
application and development of
the Schengen acquis
and fully implementing the Schengen acquis, such as
Iceland and Norway.

functioning of

In accordance with Articles 1 and 2 of the Protocol on
the Position of the United Kingdom and Ireland annexed
to the Treaty on European Union and to the Treaty
those Member
establishing the European Community,
States are not
this
Decision.

in the adoption of

taking part

(1) OJ L 105, 13.4.2006, p. 1.

HAVE ADOPTED THIS DECISION:

Article 1

This Decision introduces a simplified regime for the control of
persons at the external borders whereby the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
referred to as the new
Slovenia and Slovakia (hereinafter
Member States) may recognise unilaterally as equivalent
to
their national visas for the purpose of transit the documents
referred to in Article 2(1) and those referred to in Article 3
issued by other new Member States to third-country nationals
to Regulation (EC)
subject
No 539/2001.

to a visa obligation pursuant

The implementation of this Decision shall not affect the checks
to be carried out on persons at
the external borders in
compliance with Articles 5 to 13 and 18 to 19 of Regulation
(EC) No 562/2006.

Article 2

A new Member State may consider as equivalent to its
following

1.
national visa,
the purpose of
documents, irrespective of the nationality of the holders:

transit,

the

for

(i)

a ‘uniform visa’ as
Convention implementing the Schengen Agreement;

referred to in Article 10 of

the

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

the

(iii) a ‘residence permit’ as

included in Annex IV to the

Common Consular Instructions.

2.
If a new Member State decides to apply this Decision, it
shall recognise all the documents referred to in paragraph 1,
regardless of which State issued the document.

20.6.2006

EN

Official Journal of the European Union

L 167/3

Article 3

Any 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.

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

Article 4

as
New Member States may only recognise documents
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) does not exceed five
days.

The Commission shall publish the information communicated
by the 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 determined by the Council
decision adopted pursuant to the first subparagraph of Article
3(2) of the 2003 Act of Accession.

Article 7

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

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

Done at Strasbourg, 14 June 2006.

Article 5

Any new Member State that decides to apply this Decision shall
notify the Commission thereof by 1 August 2006.

For the European Parliament
The President

J. BORRELL FONTELLES

For the Council
The President

H. WINKLER

L 167/4

EN

Official Journal of the European Union

20.6.2006

ANNEX

List of documents issued by new Member States

V i s a s

CZECH REPUBLIC

— Vízum k pobytu do 90 dnů — (short-stay visa)

— Vízum k pobytu nad 90 dnů — (long-stay visa)

— Diplomatické vízum — (diplomatic visa)

— Zvláštní vízum — (special visa)

— Průkaz o povolení k přechodnému pobytu (temporary residence permit card) (1)

R e s i d e n c e P e r m i t s

— Průkaz o povolení k trvalému pobytu (permanent residence permit card)

CYPRUS

— Θεώρηση διέλευσης — Κατηγορία Β (transit visa — type B)

Θ ε ω ρ ή σ ε ι ς ( V i s a s )

— Θεώρηση για παραμονή βραχείας διάρκειας — Κατηγορία Γ (short-stay visa — type C)

— Ομαδική θεώρηση — Κατηγορίες Β και Γ (group visa — type B and C)

Ά δ ε ι ε ς π α ρ α μ ο ν ή ς ( R e s i d e n c e p e r m i t s )
— Προσωρινή άδεια παραμονής (απασχόληση, επισκέπτης, φοιτητής) Temporary residence permit (employment, visitor,

student)

— Άδεια εισόδου (απασχόληση, φοιτητής) Entry permit (employment, student)

— Άδεια μετανάστευσης (μόνιμη άδεια) Immigration permit (permanent permit)

ESTONIA

V i s a s

— Transiitviisa, liik B (transit visa, type B)

— Lühiajaline viisa, liik C (short-term visa, type C)

— Pikaajaline viisa, liik D (long-term visa, type D)

— Tähtajaline elamisluba (temporary residence permit — up to five years)

R e s i d e n c e p e r m i t s

— Alaline elamisluba (permanent residence permit)

(1) Same type of document for all variants with the validity indicated on the sticker.

20.6.2006

EN

Official Journal of the European Union

L 167/5

LATVIA

— Latvijas vīza — Kategorija B (transit visa)

— Latvijas vīza — Kategorija C (short-stay visa)

— Latvijas vīza — Kategorija D (long-stay visa)

V i s a s

— Pastāvīgās uzturēšanās atļauja (issued before 1 May 2004) (permanent residence permit)

R e s i d e n c e p e r m i t s

— Uzturēšanās atļauja (issued since 1 May 2004) (residence permit; for either temporary or permanent residence)

— Nepilsoņa pase (alien's passport)

LITHUANIA

— Tranzitinė viza (B) (transit visa (B))

— Trumpalaikė viza (short-stay visa)

— Ilgalaikė viza (long-stay visa)

V i s a s

R e s i d e n c e p e r m i t s
— Europos Bendrijų valstybės narės piliečio leidimas gyventi (residence permit for a national of an EC Member State)

— Leidimas nuolat gyventi Lietuvos Respublikoje (permanent residence permit in the Republic of Lithuania)

— Leidimas laikinai gyventi Lietuvos Respublikoje (temporary residence permit in the Republic of Lithuania; validity

ranging from one to five years)

HUNGARY

— Rövid időtartamú beutazóvízum (short-stay visa)

— Tartózkodási vízum (long-stay visa)

V i s a s

R e s i d e n c e p e r m i t s
— Humanitárius tartózkodási engedély (humanitarian residence permit (card form) — accompanied by a national

passport)

— Tartózkodási engedély (residence permit (card form) — accompanied by a national passport with the entry of the
competent authority in it entitling its holder to multiple entry and stay, valid for a maximum period of four years)

— Tartózkodási engedély (residence permit (sticker form) — affixed to a national passport, valid for a maximum period

of four years)

— Bevándoroltak részére kiadott személyazonosító igazolvány (identity card issued to immigrants — accompanied by a

national passport which indicates the issue of the identity card)

— Letelepedési engedély (permanent residence permit (card form) — accompanied by a national passport which indicates
issued for an indefinite period of time, validity of the document is five years)

the right of permanent residence,

— Letelepedettek részére kiadott tartózkodási engedély (residence permit issued to permanent residents (sticker form) —

affixed to a national passport, valid for a maximum period of five years)

L 167/6

EN

Official Journal of the European Union

20.6.2006

D o c u m e n t s

i s s u e d

t o m e m b e r s o f

e q u i v a l e n t

d i p l o m a t i c m i s s i o n s
t o r e s i d e n c e p e r m i t s

a n d

c o n s u l a r p o s t s

a n d

— Igazolvány diplomáciai képviselők és családtagjaik részére (special certificate for diplomats and members of their

family (diplomat's identity card))

— Igazolvány konzuli képviselet tagjai és családtagjaik részére (special certificate for members of consular posts and

members of their family (consular identity card))

— Igazolvány diplomáciai képviselet igazgatási és műszaki személyzete és családtagjaik részére (special certificate for

members of the administrative and technical staff of diplomatic missions and members of their family)

— Igazolvány diplomáciai képviselet kisegítő személyzete, háztartási alkalmazottak és családtagjaik részére (special certi-

ficate for the service staff of the diplomatic missions, private servants and members of their family)

MALTA

— Viżi ta' tranżitu (does not exceed five days)

V i s a s

— Viżi għal perjodu qasir jew viżi ta' l-ivvjaġġar (one or multiple-entry visas)

— Viżi għal perjodu twil (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)

— Viżi ta' Grupp (stay up to 30 days)

POLAND

— Wiza wjazdowa W (entry visa, valid for up to one year)

V i s a s

— Wiza pobytowa krótkoterminowa C (short-stay visa, stay up to three months, valid for up to five years, but usually for

one year)

— Wiza pobytowa długoterminowa D (long-stay visa, stay up to one year, valid for up to five years, but usually for one

year)

— Wiza dyplomatyczna D/8 (diplomatic visa, stay up to three months within a six-month period, valid for up to five

years, but usually for six months)

— Wiza służbowa D/9 (service visa, stay up to three months within a six-month period, valid for up to five years, but

usually for six months)

— Wiza kurierska D/10 (Diplomatic courier visa, stay up to 10 days unless regulated otherwise by international

agreements; valid up to six months)

R e s i d e n c e p e r m i t s

— Karta pobytu (residence card,

‘KP’ series issued from 1 July 2001 to 30 April 2004 and ‘PL’ series issued as from
1 May 2004; valid up to 10 years, issued to aliens who have obtained a residence permit for a fixed period, a permit
to settle, refugee status, a permit for tolerated stay; ‘PL’ series is also issued to aliens who have obtained a long-term
residence permit)

— Karta stałego pobytu (permit to settle, ‘XS’ series issued before 30 June 2001; valid for up to 10 years, issued to aliens

who have obtained a permit to settle; the last card of this edition will expire on 29 June 2011)

20.6.2006

EN

Official Journal of the European Union

L 167/7

SLOVENIA

— Vizum za vstop (entry visa)

V i s a s

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

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

— Dovoljenje za stalno prebivanje (permanent residence permit)

R e s i d e n c e p e r m i t s

— Dovoljenje za začasno prebivanje (temporary residence permit; validity of maximum one year unless otherwise

stipulated by the Slovenian Aliens Act)

— Diplomatska izkaznica (diplomatic identity card)

— Konzularna izkaznica (consular identity card)

— Konzularna izkaznica za častne konzularne funkcionarje (consular identity card for Honorary Consuls)

— Službena izkaznica (official identity card)

SLOVAKIA

— Krátkodobé vízum (short-stay visa)

— Dlhodobé vízum (long-stay visa)

— Diplomatické vízum (diplomatic visa)

— Osobitné vízum (special visa)

V i s a s

— Povolenie na prechodný pobyt (temporary residence permit)

R e s i d e n c e p e r m i t s

— Povolenie na trvalý pobyt (permanent residence permit)

— Cudzinecký pas (alien's passport)

C e s t o v n é d o k l a d y — T r a v e l d o c u m e n t s

— Cestovný doklad podľa Dohovoru z 28. júla 1951 (travel document — Convention of 28 July 1951)

— Cestovný doklad podľa Dohovoru z 28. septembra 1954 (travel document — Convention of 28 September 1954)