Report from the Commission on the functioning of the facilitated transit for persons between the Kaliningrad region and the rest of the Russian Federation
Date: 2006-12-22
Institutions: European Commission
Subjects: Lithuania, Russia, carriage of goods, carriage of passengers, external border of the EU, rail transport, report, transit

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.12.2006 
COM(2006) 840 final 

REPORT FROM THE COMMISSION 

on the functioning of the facilitated transit for persons between the Kaliningrad region 
and the rest of the Russian Federation 

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I 

INTRODUCTION 

Kaliningrad is a unique part of Russia, separated geographically from the rest of the country 
and  surrounded  by  the  EU.  In  the  framework  of  enlargement,  increasing  attention  has  been 
focused on the region. The introduction of the acquis by new Member States had an impact on 
third countries in terms of visa requirements and border controls. While the consequences of 
the  acquis  will  be  no  different  for  Kaliningrad  than  for  any  other  part  of  Russia  or  other 
neighbouring  third  countries,  it  appeared  that  the  impact  on  the  population  may  be  greater 
there than in other parts of Russia, given the geographic situation of Kaliningrad. 

Without pre-empting the accession negotiations with Poland or Lithuania, it was suggested in 
the  Communication  from  the  Commission  to  the  Council  of  17.1.20011  that  "practical 
measures  should  continue  to  conduct  proper  and  efficient  border  control,  facilitating  the 
movement of persons and goods across the future external border".  

It was recommended to look into the possibility to take advantage of any special arrangements 
permitted  by  the  acquis,  using  examples  offered  by  existing  arrangements,  including  in 
candidate  countries.  Furthermore,  “the  cost  of  passports  (the  responsibility  of  Russia)  could 
also be examined, as well as the cost of visas (responsibility of current and future EU Member 
States), in the wider context of the Community policies. Both new and current Member States 
could  consider  opening  consulates  (or  sharing  facilities  to  reduce  costs)  in  Kaliningrad,  to 
facilitate visa issuance and manage migration flows efficiently”. 

In  addition,  the  common  declaration  made  in  the  context  of  the  EU  –  Russia  Summit  on  3 
October 2001 called for examination of the special situation of Kaliningrad in the context of 
the enlargement. 

Following  the  discussion  on  Kaliningrad  at  the  Moscow  EU-Russia  Summit,  the  Seville 
European  Council  on  21/22  June  2002  invited  the  Commission  to  “submit,  in  time  for  its 
Brussels meeting, an additional study on the possibilities for an effective and flexible solution 
of  the  transit  of  persons  and  goods  to  and  from  Kaliningrad  oblast,  in  compliance  with  the 
acquis and in agreement with the candidate countries concerned”. In the Communication from 
the Commission to the Council on Kaliningrad transit2 of 18.09.2002 several possibilities for 
a facilitated transit were suggested. However, one of the preconditions for the solution to be 
found  was  that  the  full  participation  of  Lithuania  in  the  Schengen  acquis  should  not  be 
endangered.  Finally,  the  Facilitated  Transit  Document/Facilitated  Rail  Transit  Document 
(FTD/FRTD) system has been created. 

In the Joint Statement on transit of the EU/Russia Summit in Brussels on 11 November 2002 
"the Russian Federation took note of the European Union’s intention to review the operation 
of the FTD scheme no later than 2005". Reference to a report to the Council and the European 
Parliament on the functioning of the system has also been made in Article 13 of the Council 
Regulation (EC) No 693/2003: "The Commission shall report to the European Parliament and 
the Council on the functioning of the facilitated transit scheme at the latest three years after 
the entry into force of the first decision as set out in Article 12(1)". Lithuania communicated 

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COMMUNICATION  FROM  THE  COMMISSION  TO  THE  COUNCIL  "The  EU  and  Kaliningrad" 
COM (2001) 26 final 
COMMUNICATION  FROM  THE  COMMISSION  TO  THE  COUNCIL  “Kaliningrad:  transit” 
COM(2002) 510 final 

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to  the  Council  and  to  the  Commission  its  decision  to  apply  the  FTD/FRTD  scheme  from  1 
July 2003. The Commission has, therefore, to present its report by 1 July 2006. 

The  present  report  is  based  on  replies  from  the  Russian  Federation  and  Lithuania  to  a 
questionnaire  established  by  the  Commission  services,  which  also  undertook  an  in-site 
examination of the FTD/FRTD scheme from 22 to 24 March 2006. 

II 

THE  FTD/FRTD  SYSTEM  AS  ESTABLISHED  BY  THE  REGULATION  AND  THE 
BILATERAL AGREEMENT BETWEEN LITHUANIA AND THE RUSSIAN FEDERATION. 

Following  the  discussion  on  Kaliningrad  at  the  Moscow  EU-Russia  Summit3  in  November 
2002, on the basis of the Communication of the Commission on Kaliningrad Transit (COM 
(2002) 510 final) the Council adopted the following two regulations on 14 April 2003: 

–  Council  Regulation  (EC)  No  693/2003  establishing  a  specific  Facilitated  Transit 
Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the 
Common Consular Instructions and the Common Manual, and 

–  Council Regulation (EC) No 694/2003 on uniform formats for FTD and FRTD. 

Both Regulations are not drawn up only for "Kaliningrad" and Lithuania but for all possible 
cases  of  "special  transit"  related  to  Member  States.  Member  States  can  choose  to  apply 
Regulation (EC) 693/2003 in such cases. 

Basic elements: 

a) How does the FTD/FRTD scheme work? 

Regulation  (EC)  No  693/2003  sets  out  the  basic  principles  for  the  functioning  of  the 
FTD/FRTD scheme.  The practical details have  been established by a  bilateral agreement  on 
the procedure of issuance of FRTDs between the Russian Federation and Lithuania of 20 June 
2003  and  Regulation  N361,  adopted  by  the  Russian  Federation,  on  measures  aimed  at 
fulfilment of engagements taken by the Russian Federation under the Joint Statement of the 
Russian Federation and the EU on transit between the Kaliningrad oblast and the rest of the 
territory of the Russian Federation. 

The FTD is issued to Russian citizens travelling frequently by land from Kaliningrad region 
to the mainland and vice versa. It allows for multiple-entry transit and can be valid for up to 
several years. The application procedure at the consular office is similar (quasi identical) to 
the visa issuing procedure. The FTD would be affixed in the passport of the Russian national. 
The price of the FTD is fixed at 5 EUR. 

The  FRTD  has  been  created  for  rail  passengers  and  is  valid  exclusively  for  direct  transit 
between Kaliningrad and the Russian mainland for a single return transit (entry-return). The 
issuing procedure is facilitated and it is given for free.  

3 

Joint Statement of the European Union and the Russian Federation on transit between the Kaliningrad 
region and the rest of the Russian Federation of 11 November 2002. 

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For those Russian citizens intending to make single return trips by train through the territory 
of the Republic of Lithuania, a Facilitated Rail Travel Document (FRTD) can be obtained on 
the  basis  of  personal  data  submitted  at  the  time  of  ticket  purchase.  This  information  is 
forwarded in electronic form to the Lithuanian authorities, who will respond within 24 hours. 
Tickets are not issued by the Russian authorities to those Russian citizens where the Republic 
of Lithuania has objections to their transit via Lithuanian territory. An FRTD is then delivered 
by  the  Lithuanian  consular  authorities  to  the  passenger  at,  or  before,  the  Lithuanian  border 
once  the  Republic  of  Lithuania  has  checked  that  the  travel  documentation  carried  by  the 
passenger was in order. 

In  accordance  with  Regulation  (EC)  693/2003  a  Russian  citizen  wishing  to  travel  by  train 
with an international passport should receive an FRTD affixed in his passport. The bearer of 
Russian internal passports would however receive an FRTD affixed on a separate sheet as set 
out  in  Regulation  (EC)  333/2002.  From  1.1.2005  Russian  nationals  are  required  to  have  an 
international passport to which the FRTD sticker can be affixed. Bearers of an FRTD would 
not alight in Lithuania and the duration for each transit would be limited in time to 6 hours per 
transit.  

b) Financial support for the FTD/FRTD scheme4 

In the context of political priorities related to the accession of the Republic of Lithuania to the 
European  Union  in  2004,  the  European  Council  has  agreed  that  it  is  essential  to  support 
Lithuania in delivery of a transit solution, in order to enable a facilitated visa regime between 
the Russian mainland and the Kaliningrad Region. Therefore it was laid down in the accession 
treaty  in  Protocol  5  "Kaliningrad"  that  Lithuania  will  get  financial  support  covering  the 
additional costs for the FTD/FRTD system. 

Two  Kaliningrad  support  programs  have  been  set  up  by  the  EU  to  provide  assistance  to 
Lithuania in implementing the FTD/FRTD scheme:  

•  The first program was implemented under the PHARE program, providing EUR 

12 million for the time period December 2003 till April 2006. 

•  The second program is providing EUR 40 million for the time period May 2004 
till  December  2006  to  cover  foregone  (visa)  fees  and  additional  costs  for 
investments, training and operational costs (e.g. salaries).  

•  With  regard  to  the  New  Financial  Perspective  2007-2013,  the  Commission 
proposed  a  separate  mechanism  (“Kaliningrad  Transit  Scheme”)  in  Article  6  of 
the (draft) Decision of the European Parliament and the Council establishing the 
External Borders Fund for the period 2007-2013 as part of the general programme 
‘Solidarity and Management of Migration Flows'. In Article 15(9), for 2007-2013 
a maximum amount of € 108 million has been proposed to support foregone fees 
from  transit  visas  and  additional  costs  incurred  in  implementing  the  FTD/FRTD 
scheme.  However,  the  decision  on  the  final  amount  is  now  to  be  taken  by  the 
Council and the Parliament. 

4 

This point is only for information purpose as it is not subject of the evaluation. 

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III 

IMPLEMENTATION OF THE FTD/FRTD SYSTEM 

The implementation of the FTD/FRTD system started (on a national basis) on 1st of July 2003 
and under Community regime on 1 May 2004. 

a) Statistics 

The most popular means of transport from Kaliningrad to mainland Russia and back is train 
(70%)  followed  by  car  (20%)  and  plane  (10%).  On  average  1.5  million  persons  travel 
annually to/from Kaliningrad using all means of transport, a vast number considering that the 
population  of  the  Oblast  is  around  one  million.  The  number  of  travellers  rises  during  the 
summer  season  and  decreases  between  February  and  March.  According  to  the  reply  of  the 
Lithuanian  authorities  the  number  of  travellers  has  been  as  set  out  in  the  following  table. 

2003 (1.7.-31.12.) 

2004 

of 

293.719 

613.101 

2005 

412.711 

Number 
passengers; 
1.078.459 
them 
FRTD 

of 
using 

Number  of  FTD 
issued 

1.836 

3.095 

3.149 

The FTDs are mainly used by Russian nationals from mainland Russia. The majority of the 
Kaliningrad Russian citizens travel with FRTDs. However, it is more convenient for them to 
obtain a Lithuanian visa that grants the possibility not only to travel in transit but also to visit 
Lithuania. The procedures to obtain these visas and the FTD are very similar but the FTD has 
a  5  €  fee  while  the  Lithuanian  visas  for  the  Kaliningrad  residents  are  free  of  charge.  This 
explains why the number of Lithuanian visas issued to the Kaliningrad residents is two-three 
times higher than the FTDs. On the other hand, the requirement introduced in April 2005 to 
have compulsory health insurance in order to receive a Lithuanian visa (this is not required for 
obtaining an FTD) will also contribute to an increase in the demand for FTDs. 

b) The FTD/FRTD system in practice 

As  mentioned  before,  the  implementation  of  the  FTD/FRTD  system  started  (on  a  national 
basis) on 1st of July 2003 and under Community regime on 1 May 2004.  

Already  during  the  first  visit  in  the  framework  of  the  Kaliningrad  Facility  in  June  2004  as 
well as during the second in March 2006, it has been noticed that the system runs smoothly 
and  that  no  major  problems  occurred.  It  was  noticed  that  the  FRTDs  are  not  affixed  in  the 
Russian passport but always on a separate sheet. With this procedure the FRTD can be thrown 
away  and  requested  again  several  times,  without  filling  up  the  passport.  However  a 
disadvantage  is  that  frequent  travelling,  where  an  FTD  would  be  more  appropriate,  is  less 
identifiable. This may happen frequently as the FRTD is easier to obtain (at the station) and it 

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is  free  of  charge  whereas  the  FTD  is  for  multiple  trips  and  should  be  applied  for  at  the 
consular office at a cost of 5 EUR. It also explains why the number of issued FTDs is so low. 

The Lithuanian authorities argued that it is difficult in a running train to affix the FRTD in a 
passport.  Therefore  they  prepare  the  sheets  in  advance  and  only  hand  out  the  sheets  in  the 
train when controlling the list of passengers and the passports. 

The second more detailed visit was carried out from 22-24 March 2006. The purpose of the 
mission  was  an  assessment  field  visit,  in  cooperation  with  the  Lithuanian  and  Russian 
authorities.  

As  a  preparatory  step,  the  Commission  had  sent  letters  to  the  Lithuanian  and  Russian 
authorities  with  a  questionnaire  on  different  aspects  of  the  implementation  of  the  transit 
regime.  The  replies  received  were  very  positive  as  regards  the  FTD/FRTD  system.  They 
reflected  what  had  been  voiced  before,  that  the  transit  system  is  working  smoothly  and  no 
major changes should be introduced. Some statistics were also given. 

IV 

GENERAL REMARKS: 

Already  in  June  2004,  Commission  experts  visited  Lithuania  and  were  informed  about  the 
procedures which could be seen on the trains. Apparently the system runs smoothly and it has 
only produced one incident on the train, which was not directly linked to the FRTD scheme. 

During both visits, the Lithuanian and Russian sides acknowledged the good functioning of 
the  facilitated  transit  regime  and  voiced  appreciation  for  the  efforts  undertaken  by  their 
respective authorities in its implementation. No major problems were noticed, also no delays 
in  delivering  FRTDs  and  FTDs.  Russia  pointed  out  that  (i)  the  facilitated  transit  regime  as 
well as (ii) the visa regime provided by the Lithuanian-Russian Agreement of 30 December 
2002 concerning mutual travel should continue after Lithuania joins the Schengen area of free 
movement  without  internal  borders.  It  appears  there  is  a  real  cooperation  and  commitment 
between  the  relevant  services  of  both  Lithuania  and  Russia  in  implementing  the  transit 
regime. 

However,  Russia  said  that  since  the  coming  into  force  of  the  facilitated  transit  regime  they 
noticed a passenger drop of about 30 %, which leads to a loss of 122 million Rubel for the 
national  train  company.  Neither  Lithuanian  nor  Russian  authorities  have  clearly  defined  the 
reasons for this reported decrease in the number of passengers travelling by trains. It could be 
related to the increase of passengers travelling by air (air transport is subsidised). Furthermore 
the requirement for an international passport since 1 January 2005 could cause a significant 
drop  in  passengers  as  military  personal  stationed  in  Kaliningrad  are  not  in  a  position  to  get 
such passports and consequently have to travel by plane. This situation can only be changed 
by Russia as this is a national matter. 

V 

EVALUATION 

The  transit  regime  is  an  integral  part  of the  Schengen  acquis  and,  therefore,  fully  Schengen 
compatible. In principle, there are no major reasons to change the FTD/FRTD scheme.  

Some issues had to be clarified:  

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•  There  seemed  to  be  misunderstandings  in  relation  to  the  fees  which  will  be  raised  for 
Schengen visas but not for FRTD/FTD, as the FTD/FRTD are not considered as a visa. 

•  It  was  clarified  that  the  Regulation  does  not  request  personal  appearance  at  the  train 
station, so that e.g. a group of children does not have to come to the train station if their 
passports are shown when purchasing the ticket. 

Other issues were noticed and discussed with both parties: 

•  The  possible  introduction  of  the  photograph  into  the  FRTD/FTD  in  order  to  bring  these 
documents in line with the other harmonised formats (visa, residence permits) for security 
reasons: from the Russian side there is no possibility to introduce the photograph for the 
FRTD as the whole computer system "Express" would have to be adapted which would be 
totally  disproportionate  to  the  gain  of  security  achieved.  Until  now  no  forged  FRTD  has 
been detected. Only one passenger during the three year period covered by this report tried 
to disembark from the train in Lithuania. Therefore, the Commission will not insist on the 
introduction  of  the  photograph  in  the  FRTD  as  this  would  not  be  proportionate.  For  the 
FTD, however, it would be possible as it is issued in the consular office, which is already 
equipped. 

•  The  filling  of  the  FRTD  personal  data  form  on  board  the  train  only  by  those  passengers 
who, for technical reasons, are not on the passengers list. At the moment of purchasing the 
ticket, there is only a limited number of 64 characters available in the "Express" system for 
the transmission of personal data to the Lithuanian authorities. Therefore the form has been 
introduced in order to give more data to Lithuania for a detailed search in specific cases. It 
would not be reasonable to abolish this form as it also confirms by the signature that the 
passenger has taken note of all conditions of transit. 

•  The possibility to reduce the length of the procedure for issuing the FRTD: decrease of the 
response time for Lithuania from 24h to about 10h or 15h; the Lithuanian authorities have 
stressed  that  this  is  not  possible  in  general.  However,  the  replies  are  sent  as  soon  as 
possible  so  that  the  24  hours  are  not  the  regular  response  time,  but  as  provided  by  the 
Regulation, a maximum response time. 

•  As it could be seen again in the Lithuanian consular office and in the train, the FRTDs are 
currently affixed on a separate form (in accordance with Regulation (EC) 333/2002). The 
FRTD  is  printed  in  the  consular  office  in  accordance  with  the  data  transmitted  by  the 
Russian "Express" system and affixed on the separate sheet as Lithuania considers that it is 
too  difficult  to  affix  the  FRTD  in  the  passport  of  Russian  citizens  on  the  running  train. 
Also, the passport would be quickly filled with FRTDs as it is not only used by travellers 
for single return trips, but also by Russian citizens who travel frequently by train between 
Kaliningrad and mainland Russia. However, in the view of the Commission, for frequent 
travelling the FTD should be used and advantage should not be taken of the fact that the 
FRTD is free of cost. Therefore the affixing of FRTDs in the passport would –in line with 
Regulation (EC) 693/2003- make it more obvious, if a person is frequently travelling. 

Some issues for improvement lay outside the scope of Regulation (EC) 693/2003: 

•  To shorten the time required for border control formalities and, to that end, to reduce the 
duration of train stops at the Russian-Lithuanian and Lithuanian-Belarusian borders, or at 
least at one of these borders: (Currently there are four border controls, two at each side of 

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the borders, which last 50 minutes at the Russian side and 40 min at the Lithuanian side, in 
all approx. 2h 45 min on a railway journey of around 22h from Kaliningrad to Moscow). 
This  time  period  could  be  reduced  to  a  significant  degree  by  carrying  out  border  checks 
during  the  trip  and  before  the  train  stops  at  border  crossing  points.  Another  possibility 
could  be  that  the  border  guard  services  of  both  countries  concerned  carry  out  their 
respective border controls at one stop at each border. However, this is an issue to be settled 
by the Lithuanian and Russian and Belorussian authorities at a bilateral level. 

VI 

CONCLUSIONS 

The Commission is pleased that 3 years after its entry into force the facilitated transit system 
is  running  smoothly  and  both  partners  are  satisfied  with  the  implementation.  As  noticed 
during  the  visits,  minor  issues  could  be  improved,  however  mostly  related  to  bilateral 
arrangements between Lithuania and Russia. The FTD/FRTD system seems also to fulfil the 
requirements  of  the  Schengen  acquis  as  no  illegal  immigration  under  this  scheme  has  been 
noted. 

Therefore the Commission sees no need to change the system. In a long term perspective, the 
facilitated transit regime would depend on the future development of visa policy arrangements 
between EU and Russia. 

The  Commission  will  continue  to  support  the  transit  scheme  financially  by  the  External 
Borders Fund. 

Two points remain to be further examined. However they do not affect the efficiency of the 
FTD/FRTD scheme as a tool to manage the Kaliningrad transit. 

(1) 

(2) 

The  FRTD  is  affixed  on  a  separate  form  and  not  as  required  by  Regulation  (EC) 
693/2003  in  the  passport  of  the  person  travelling.  As  a  consequence  it  cannot  be 
identified  whether  the  FRTD  is  used  for  a  single  return  trips  or  frequent  trips.  The 
correct application would also enhance the requests for FTDs as they can be obtained 
for multiple trips at the costs of 5 EUR (frequent traveller). 

The question of shortening border control formalities could be discussed further on a 
bilateral basis if Lithuanian, Russian and Byelorussian authorities are interested. This 
would be possible without reopening the discussion on the transit scheme or changes 
to  the  Regulation.  Two  possibilities  appear  feasible:  (i)  instead  of  two  stops  (one  on 
each  side  of  the  border)  to  have  only  one  stop  at  each  border.  Border  authorities  of 
both countries would carry out their controls simultaneously, or (ii) to provide for an 
arrangement where both sides carry out their controls while the train is travelling. 

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