Proposal for a Decision of the European Parliament and of the Council amending Decision N° 896/2006/EC 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: 2007-09-11
Institutions: European Commission
Subjects: EU Member State, Liechtenstein, Switzerland, border control, external border of the EU, residence permit

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.9.2007 
COM(2007) 508 final 

2007/0185 (COD) 
2007/0186 (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 Bulgaria, the Czech Republic, Cyprus, Latvia, Hungary, 
Malta, Poland, Romania, Slovenia and 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 OF THE COUNCIL  

amending Decision N° 896/2006/EC 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 

On  June  14,  2006,  the  European  Parliament  and  the  Council  adopted  two  Decisions 
establishing a simplified regime for the control at the external borders of the Union of third 
country nationals who are subject to a visa obligation according to Council Regulation (EC) 
539/20011: 

•  Decision  N°  895/2006/EC2  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, and  

•  Decision  N°  896/2006/EC3  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.  

This  was  the  first  time  that  basic  common  rules  on  unilateral  recognition  of  visas  and 
residence permits were introduced into the Community acquis on visas.  

Decision N° 895/2006/EC takes into consideration the specific needs in the area of visa policy 
of  Member  States  that  acceded  to  the  European  Union  in  2004,  in  particular  their  visa 
requirements during the transitory period till their full integration into the Schengen area. In 
fact, the decision remedies the significant additional administrative burden accounted by the 
consular offices of these countries which had to issue national transit visas for persons who do 
not represent any risk for the Member States.  

Without creating any new obligations in addition to those listed in the 2003 Act of Accession, 
the Decision N° 895/2006/EC introduces an optional regime based on common rules allowing 
these Member States to simplify controls at their external borders of third country nationals 
who  hold  certain  documents  issued  by  Member  States  fully  implementing  the  Schengen 
acquis  as  well  as  similar  documents  issued  by  other  Member  States  not  yet  fully 
implementing  the  Schengen  acquis.  The  common  rules  are  applicable  till  the  end  of  the 
transitory period i.e. the full participation of these Member States in the area without internal 
borders, date from which the mutual recognition of such documents becomes compulsory. 

This unilateral recognition regime is limited to the purpose of transit, the duration of which 
can not exceed five days. Such a limitation has been considered necessary in order to avoid 
any risk of confusion or wrong implementation of the current Schengen rules on visa which 
define  the  state  responsible  for  processing  a  visa  application  (it  is  either  the  State  in  whose 
territory is located the main destination of the visit or the State of the first entry).  

1 

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3 

OJ  L  81,  21.3.2001,  p.1  as  last  amended  by  Regulation  (EC)  No  1932/2006  (OJ  L  405,  30.12.2006, 
p.23) 
OJ L 167, 20.6.2006, p1. 
OJ L 167, 20.6.2006, p. 8. 

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The  same  approach  has  been  followed  for  the  Decision  N°  896/2006/EC,  which  takes  into 
consideration the administrative difficulties that Member States face when they have to issue 
visas for third country nationals residing legally in Switzerland and Liechtenstein. Given the 
important  seasonal  mobility  (during  the  summer  holiday  period),  the  consular  offices  of 
certain Member States in Switzerland and Liechtenstein which were in particular concerned 
by  these  movements  because  of  their  geographical  location,  faced  a  heavy  administrative 
burden due to the need to issue the required visas in a timely manner during the said periods.  

The  Decision  N°  896/2006/EC  introduces  common  rules  for  the  unilateral  recognition  by 
Member  States  of  certain  residence  permits  issued  by  Switzerland  and  Liechtenstein  as 
equivalent  to  their  transit  visas.  The  new  rules  are  mandatory  for  Member  States  fully 
participating in the common area without internal borders and optional for Member States that 
joined  the  Union  in  2004.  This  distinction  has  been  considered  necessary  in  order  to  avoid 
imposing additional obligations upon new Member States during the transitory period till their 
full integration into the Schengen area.  

As  provided  in  Article 5  of the  Decision  N°  895/2006/EC and Article 4 of the Decision N° 
896/2006/EC4,  the  Czech  Republic,  Cyprus,  Hungary,  Latvia,  Malta,  Poland,  Slovenia  and 
Slovakia notified the Commission of their decision to implement the common regime for both 
Decisions. In particular, as regards Decision N° 895/2006/EC, these countries opted also for 
the  unilateral  recognition  of  all  the  documents  listed  in  the  annex  issued  by  other  Member 
States not yet fully implementing the whole of the Schengen acquis. 

The Commission published the notified information in the Official Journal5. The starting date 
for the implementation of the common rules varies from one Member State to another. In the 
absence  of  specific  provisions  in  the  text  of  the  Decisions,  some  Member  States  opted  for 
immediate  implementation  of  the  common  rules  (Slovenia  and  Cyprus)  whereas  others 
decided,  for  administrative  reasons,  to  start  the  implementation  from  a  later  date.  From 
December  1st,  2006,  the  common  rules  are  applicable  by  the  Czech  Republic,  Cyprus, 
Hungary, Latvia, Malta, Poland, Slovenia and Slovakia. 

In  order  to  ensure  an  effective  implementation  of  the  common  rules,  Member  States  raised 
questions  (within  the  framework  of  the  relevant  Council  Working  Party)  on  specific  issues 
related to Decision N° 895/2006/EC and requested the Commission services to provide advise 
and interpretation as regards the scope of certain provisions.  

Responding  to  these  questions  the  Commission  services  recalled  the  purpose  of  the 
introduction of the common rules, stressing the limitation of their scope to the transit purpose. 
This common regime is applicable during the transitory period till the full integration of the 
Member  States  concerned  into  the  Schengen  area  (first  Decision)  and  till  the  full 
implementation of the Schengen acquis by Switzerland and Liechtenstein (second Decision). 

The Commission services stressed that the purpose of the introduction of the common rules 
was  to  simplify  the  transit  of  certain  categories  of  persons  and  to  eliminate  any  unjustified 
administrative burdens on consular offices in relation to visa applicants presenting no risk for 
Member States. 

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5 

Member States acceded to the European Union in 2004 had to notify to the Commission by 1 August 
2006 their decision to apply the common rules.  
OJ C 251, 17.10.2006, p.20. 

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The introduction of these new rules has no effect on the implementation by Member States of 
all  the  other  provisions  of  the  Community  "acquis"  on  visas  and  external  borders  which 
remain applicable. In particular, these common rules do not affect provisions in the "acquis" 
related to visas with limited territorial validity, airport transit visas or checks of persons at the 
external borders.  

Regarding  this  last  point,  the  Commission  underlined  that  the  checks  on  persons  at  the 
external  borders  should  be  carried  out  in  compliance  with  Articles  5  to  13  and  18  to  19  of 
Regulation  (EC)  N°  562/20066.  Border  guards  must  proceed  with  checks  at  the  external 
borders  taking  into  consideration  the  simplification  introduced  by  the  common  rules  and 
avoiding  any  misuse  of  the  provisions  of  Decision  N°  895/2006/EC.  These  checks  shall, 
therefore, be balanced and proportionate to the objectives pursued. The border guards should 
assess in each individual case whether the third country nationals could be beneficiaries of the 
simplified  rules  and  whether  they  fulfil  the  entry  conditions  and  respect  the  time  limit 
provided for transit in Decision N° 895/2006/EC. Depending on the assessment carried out by 
the  border  guard,  in  case  of  violation  by  a  person  of  the  authorised  duration  of  transit,  this 
person could be refused entry. Other administrative measures, more appropriate to the specific 
case (e.g. fines), could also be imposed.  

Based  on  the  successful  experience  with  these  two  decisions,  the  EU  should  extend  the 
simplified  regime  to  Bulgaria  and  Romania  who  joined  the  European  Union  on  January  1st, 
2007,  and  are  not  yet  covered  by  the  current  common  rules.  Indeed,  the  reasons  underlying 
the two Decisions mentioned above are equally valid for Bulgaria and Romania. 

For these two Member States, as for the previous 2004 enlargement, the so-called "Schengen 
two-phase  implementation  process"  has  been  followed  in  matters  related  to  the  visa  acquis 
(Article 4 of the Act concerning the conditions of accession of the Republic of Bulgaria and 
Romania  and  the  adjustments  to  the  Treaties  on  which  the  European  Union  is  founded 
(hereinafter:  the  2005  Act  of  Accession)).  This  implies  that  Bulgaria  and  Romania  have  to 
apply, from the date of accession (1.1.2007), the provisions of Regulation (EC) 539/2001 and 
thus,  to  subject  third  country  nationals  listed  in  its  Annex  I  to  a  visa  requirement,  while 
continuing to issue their national visas until the date to be decided by the Council authorizing 
their  full  integration  into  the  Schengen  area.  As  the  Schengen  mutual  recognition  rules  for 
transit and short stay purposes do not apply to Bulgaria and Romania from the date of their 
accession, these Member States have the obligation from January 1st, 2007, to issue national 
visas for entry into and transit through their territory, to third country nationals subject to a 
visa  obligation  under  Regulation  (EC)  539/2001,  even  if  the  persons  concerned  hold  a 
Schengen visa or residence permit, or a national long term visa issued by a Schengen state. 
The  same  applies  for  similar  documents  issued  by  other  Member  States  which  joined  the 
Union in 2004 and which do not yet fully implement the Schengen acquis.  

In  addition,  the  Czech  Republic,  Cyprus,  Hungary,  Latvia,  Malta,  Poland,  Slovenia  and 
Slovakia, that implemented the common regime of Decision N° 895/2006/EC since December 
1st,  2006  and  which  are  not  yet  fully  integrated  into  the  Schengen  area,  did  not  have  the 
possibility  to  unilaterally  recognise  residence  permits  and  visas  issued  by  Bulgaria  and 
Romania for the purpose of transit through their territory. 

6 

Regulation  (EC)  No  562/2006  of  the  European  Parliament  and  of  the  Council  of  15  March  2006 
establishing  a  Community  Code  on  the  rules  governing  the  movement  of  persons  across  borders 
(Schengen Borders Code), OJ L 105, 13.4.2006, p. 1 

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The existing rules do not allow Bulgaria and Romania to recognise residence permits issued 
by Switzerland and Liechtenstein. 

2. 

TWO PROPOSALS 

In  the  absence  of  specific  provisions  providing  a  positive  response  to  the  administrative 
burden  faced  by  Bulgarian  and  Romanian  consulates  and  in  order  to  address  the  specific 
needs of other Member States after the accession of Bulgaria and Romania to the European 
Union,  the  Commission  considers  necessary  to  review  the  common  rules  established  by 
Decisions N° 895/2006/EC and 896/2006/EC.  

To this end, the Commission has taken into consideration:  

•  the  specific  needs  of  Bulgaria  and  Romania  in  the  area  of  visa  policy,  the  new 
problems for Member States after the last enlargement and during the period until 
the  full  integration  into  the  Schengen  area  of  Member  States  that  joined  the 
European Union in 2004 and 2007, and, 

•  the  strict  controls  and  screening  to  which  have  been  submitted  the  third  country 
nationals  concerned  by  the  Member  State  having  issued  a  short  stay  visa  or 
residence  permit  as  well  as  the  low  level  of  risk  that  this  category  of  persons 
represents for other Member States.  

Consequently two instruments are hereby proposed:  

2.1. 

An EP and Council Decision introducing a simplified regime for the control of 
persons at the external borders based on the unilateral recognition by Bulgaria, 
Czech  Republic,  Cyprus,  Latvia,  Hungary,  Malta,  Poland,  Romania,  Slovenia 
and 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 Bulgaria and Romania as well as to the Member States that 
decided to implement Decision N° 895/2006/EC.  

In  the  absence  of  any  provision  in  the  text  of  Decision  N°  895/2006/EC  allowing  the 
extension, after the last enlargement of the European Union, of the simplified regime for the 
controls  at  the  external  borders  of  certain  categories  of  persons  who  hold  certain  types  of 
documents, the revision of the common rules has been considered necessary to respond to the 
specific needs created by the accession in 1 January 2007 of Bulgaria and Romania.  

The  extension  of  the  unilateral  recognition  regime  by  a  Community  instrument  would  not 
impose any new obligations to Member States in addition to those listed in the 2003 Act of 
Accession and in the 2005 Act of Accession. It would thus not constitute a derogation from 
these two Accession Treaties. 

The  proposed  regime  will  be  implemented  on  an  optional  basis:  Member  States  concerned 
have  the  possibility  either  to  implement  the  new  instrument  or  to  continue  issuing  national 
visas as required by the Accession Treaties.  

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The new proposal should enable Bulgaria and Romania, which joined the European Union in 
2007,  to  unilaterally  recognise  as  equivalent  to  their  national  visas,  visas  and  residence 
permits issued by Schengen states, as well as similar documents issued by these two countries 
and by Member States which acceded to the Union in 2004 which are not yet fully integrated 
into the Schengen area. 

In  addition,  Member  States  that  decided  to  implement  the  Decision  N°  895/2006/EC  and 
which  are  not  yet  fully  integrated  in  the  area  without  internal  borders  should  be  allowed  to 
unilaterally recognise visas and residence permits issued by Bulgaria and Romania. Member 
States that did not decide to implement this Decision N° 895/2006/EC should not be allowed 
to implement the present decision as they believe that only residence permits and visas issued 
by Member States fully implementing the Schengen acquis can be deemed equivalent to their 
own national visa for the purpose of transit. 

The  simplified  regime  is  based  on  the  consideration  that  the  third  country  nationals  who 
would  benefit  from  the  system  have  already  passed  a  strict  screening  process  by  a  Member 
State and are not considered a threat to public policy or a risk in terms of illegal immigration.  

This regime will be applicable till the end of the transitory period and the full participation of 
the Member States concerned in the area without internal borders, date from which the mutual 
recognition of such documents becomes compulsory.  

As  in  Decision  N°  895/2006/EC,  the  recognition  regime  will  be  limited  to  the  purpose  of 
transit through the territory of the Member States concerned. The duration of the transit period 
may not exceed five days. The aim of this regime is not to replace the issuing of national visas 
by the Member States concerned for short stay. Furthermore, in compliance with the existing 
rules,  these  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  their 
territory. 

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 ; 

•  national  short  term  and  long  term  visas  as  well  as  residence  permits  issued  by 
Member  State  that  joined  the  European  Union  in  2004  as  listed  in  the  annex  of 
Decision N° 895/2006/EC;  

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

Bulgaria and Romania. 

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Should  they  opt  for  the  implementation  of  the  common  regime,  Bulgaria  and  Romania  will 
have  to  accept  all  documents  issued  by  Member  States  fully  implementing  the  Schengen 
acquis, thus avoiding any distinction as regards the issuing Authority.  

Member  States  concerned  have  to  communicate  their  decision  to  the  Commission.  The 
Commission will publish this information in the Official Journal of the European Union and 
ensure  in  this  way  that  the  whole  system  is  transparent.  Member  States  could  nevertheless 
refuse entry to third country nationals whose names figure on their national list of alerts.  

This instrument will be adopted by co-decision.  

2.2. 

EP  and  Council  Decision  amending  Decision  N°  896/2006/EC  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.  

The proposed Decision takes into consideration the accession of Bulgaria and Romania to the 
European  Union  in  January  2007  and  aims  to  amend  Decision  N°  896/2006/EC  in  order  to 
enable Bulgaria and Romania to apply a simplified regime for the control of persons at their 
external  borders  based  on  the  unilateral  recognition  regime  by  these  two  Member  States  of 
certain  residence  permits  issued  by  Switzerland  or  Liechtenstein  and  listed  in  the  Annex  to 
Decision  N°  896/2006/EC.  The  proposed  Decision  is  based  on  the  consideration  that  third 
country  nationals  who  are  in  possession  of  a  resident  permit  from  Switzerland  or 
Liechtenstein, would not be a threat to public policy for Member States or a risk in terms of 
illegal immigration. 

The recognition is limited to the transit purpose. If Bulgaria and Romania decide to participate 
in  the  EP  and  Council  Decision  allowing  the  unilateral  recognition  by  them  of  documents 
issued  by  Schengen  States  and  other  Member  States  as  equivalent  to  national  visas  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.  

Bulgaria  and  Romania  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 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 Bulgaria and 
Romania  to  issue  multi-entry  visas  for  short  stay,  valid  for  one  or  more  years  in  order  to 
facilitate  the  mobility  of  third  country  nationals,  holders  of  residence  permits  issued  by 
Switzerland and Liechtenstein. 

This instrument will be adopted by co-decision. 

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3. 

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, for the revision of the common rules for 
the unilateral recognition regime established by Decisions N° 895/2006/EC and 896/2006/EC, 
the proposed legal instruments chosen are:  

•  a  Decision  allowing  Bulgaria,  Czech  Republic,  Cyprus,  Hungary,  Latvia,  Malta, 
Poland,  Romania,  Slovenia  and  Slovakia  to  recognise  unilaterally  certain 
documents as equivalent to their national visas for the purposes of transit through 
their  territories  during  the  transitory  period  till  the  full  integration  of  these 
Member States into the common area without internal borders. Participation in the 
regime is optional; 

•  an Amendment of Decision N° 896/2006/EC 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  aim  of  the 
proposed amendment is to extend to Bulgaria and Romania the simplified regime 
for  transit via  their  territory by forgoing the need for transit visas for holders of 
such residence permits issued by these two countries. 

Participation  in  the  recognition  regime  is  optional  for  the  Member  States  that  joined  the 
European  Union  in  2004  and  2007  during  the  transitory  period  till  the  date  of  their  full 
integration  into  the  common  area  without  internal  borders,  date  from  which  the  mutual 
recognition regime becomes compulsory between the Member States fully participating in the 
area without internal borders. 

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 Bulgaria, 
Romania and by Member States already implementing Decision N° 895/2006/EC as well as 
the  extension  to  Bulgaria  and  Romania  of  a  common  regime  for  unilateral  recognition  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,  in  line  with  the  two 
Decisions  of  14  June  2006,  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 the Member States concerned 
of  common  unilateral  recognition  rules  which  constitute  a  temporary  derogation  from  the 
existing rules for mutual recognition. For the second proposal, the amendment of the Decision 
N°  896/2006/EC  by  a  new  EP  and  Council  Decision  is  chosen  in  view  of  extending  the 
common  rules  and  allowing  the  unilateral  recognition  by  Bulgaria  and  Romania  of  certain 
residence permits issued by Switzerland and Liechtenstein. 

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4. 

CONSEQUENCES  IN  RELATION  TO  THE  VARIOUS  PROTOCOLS 
ANNEXED TO THE TREATY 

The  first  proposed  EP  and  Council  Decision  is  addressed  exclusively  to  Bulgaria,  Czech 
Republic,  Cyprus,  Hungary,  Latvia,  Malta,  Poland,  Romania,  Slovenia  and  Slovakia 
introducing  a  specific  transitory  regime  allowing  them  to  unilaterally  recognise  certain 
documents  issued  by  the  Member  States  as  equivalent  to  their  national  transit  visas.  The 
proposed Decision is optional and would be applicable by the Member States concerned till 
the date to be decided by the Council in compliance with Article 3 paragraph 2 of the 2003 
Act of Accession and Article 4 paragraph 2 of the 2005 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.  

This Decision, addressed exclusively to Member States that are bound by the Schengen acquis 
without  being  fully  integrated  yet  into  the  common  area  without  internal  borders,  does  not 
constitute a development of the Schengen acquis within the meaning of the Agreement 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.7 
However,  for  the  coherence  and  proper  functioning  of  the  Schengen  system,  this  Decision 
also covers visas  and residence  permits  issued  by  Norway  and  Iceland,  countries  associated 
with  the  implementation,  application  and  development  of  the  Schengen  acquis  and  fully 
implementing the Schengen acquis. 

This Decision, addressed exclusively to Member States that are bound by the Schengen acquis 
without  being  fully  integrated  yet  into  the  common  area  without  internal  borders,  does  not 
constitute a development of the Schengen acquis within the meaning of the Agreement signed 
by the European Union, the European Community and the Swiss Confederation on the latter's 
association  with  the  implementation,  application  and  development  of  the  Schengen  acquis8 
which fall within the area referred to in Article 4 (1) of the Council decision on the signing, 
on behalf of the European Community, and on the provisional application. 

The proposed EP and Council Decision amending Decision N° 896/2006/EC is addressed to 
Bulgaria  and  Romania  to  enable  these  two  Member  States  to  unilaterally  recognise  certain 
residence permits issued by Switzerland and Liechtenstein as equivalent to their transit visas. 
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 decision does not constitute a development of the Schengen acquis within the meaning of 
the Agreement signed on May 18, 1999, between the Council, Norway and Iceland in order to 
associate  these  two  countries  with  the  implementation,  application  and  development  of  the 
Schengen acquis, since the new element introduced by this Decision refers to the extension to 
Bulgaria  and  Romania  of  the  simplified  regime  of  Decision  N°  896/2006/EC  without 
amending the basic rules and principles.  

7 
8 

OJ L 176, 10.7.99, p. 35. 
Council document 13054/04 

EN 

9 

   EN 

 
                                                 
2007/0185 (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 Bulgaria, the Czech Republic, Cyprus, Latvia, Hungary, 
Malta, Poland, Romania, 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, 

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

Having regard to the proposal from the Commission9, 

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

Whereas: 

(1) 

(2) 

(3) 

Pursuant  to  Article  4  (1)  of  the  Act  concerning  the  conditions  of  accession  of  the 
Republic of Bulgaria and Romania and the adjustments to the Treaties on which the 
European  Union  is  founded  (hereinafter:  the  2005  Act  of  Accession),  Bulgaria  and 
Romania which acceded to the Union on 1 January 2007 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  the  third  countries  whose 
nationals must be in possession of visas when crossing the external borders and those 
whose nationals who are exempt from that requirement10, to a visa obligation. 

According  to  Article  4  (2)  of  the  2005  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  Bulgaria  and  Romania  after 
adoption  of  a  Council  Decision  to  that  effect.  However,  they  are  binding  on  those 
Member States from the date of accession. 

Bulgaria  and  Romania  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 

9 
10 

OJ C […], […], p. […]. 
OJ  L  81,  21.3.2001,  p.1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1932/2006  (OJ  L  405, 
30.12.2006, p.23). 

EN 

10 

   EN 

 
                                                 
(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Schengen  acquis  or  similar  document  issued  by  Member  States  not  yet  fully 
implementing the Schengen acquis. 

The holders of documents issued by Member States fully implementing the Schengen 
acquis  and  similar  documents  issued  by  Member  States  not  yet  fully  implementing 
the  Schengen  acquis,  do  not  represent  any  risk  for  Bulgaria  and  Romania  as  they 
have  been  submitted  to  all  necessary  controls  by  other  Member  States.  In  order  to 
avoid  imposing  unjustified  additional  administrative  burdens  on  Bulgaria  and 
Romania,  the  common  rules  introduced  by  European  Parliament  and  Council 
Decision  N°  895/2006/EC  of  14  June  2006  introducing  a  simplified  regime  for  the 
control  of  persons  at  the  external  borders  based  on  the  unilateral  recognition  by 
Czech  Republic,  Cyprus,  Estonia,  Hungary,  Latvia,  Lithuania,  Malta,  Poland, 
Slovenia and Slovakia of certain documents as equivalent to their national visas for 
the  purposes  of  transit  through  their  territories11  should  be  extended  to  these 
countries. 

The  new  common  rules  should  authorize  Bulgaria  and  Romania  to  unilaterally 
recognise  certain  documents  issued  by  Member  States  fully  implementing  the 
Schengen  acquis,  similar  documents  issued  by  them  and  documents  listed  in  the 
annex  of  Decision  N°  895/2006/EC,  issued  by  Member  States  that  joined  the 
European  Union  in  2004,  as  equivalent  to  their  national  visas  and  to  establish  a 
simplified  regime  for  the  controls  of  persons  at  the  external  borders  based  on  this 
unilateral equivalence. 

Considering  that  the  Czech  Republic,  Cyprus,  Hungary,  Latvia,  Malta,  Poland, 
Slovenia  and  Slovakia  notified  the  Commission  of  their  decision  to  apply  the 
simplified  regime  introduced  by  Decision  N°  895/2006/EC,  the  new  common  rules 
should  also  enable  these  Member  States  to  recognise  visas  and  residence  permits 
issued by Bulgaria and Romania as equivalent to their national visas for the purpose 
of transit through their territory. 

The new common regime 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 and Article 4 (2) of the 2005 Act of Accession. 

The recognition of a document should be limited to the purpose of transit through the 
territory  of  Bulgaria,  the  Czech  Republic,  Cyprus,  Hungary,  Latvia,  Malta,  Poland, 
Romania, Slovenia and Slovakia. The participation in the common system should be 
optional, without imposing additional obligations  for the Member States as defined 
by the 2003 Act of Accession and the 2005 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, 
similar documents issued by Member States not yet fully implementing the Schengen 
acquis as well as to short term visas, long term visas and residence permits issued by 
Bulgaria and Romania. 

11 

OJ L 167, 20.6.2006, p.1. 

EN 

11 

   EN 

 
                                                 
(10) 

(11) 

(12) 

(13) 

(14) 

The entry conditions laid down in Article 5(1) of Regulation (EC) N°562/2006 of the 
European  Parliament  and  of  the  Council  of  15  March  2006  establishing  a 
Community  Code  on  the  rules  governing  the  movement  of  persons  across  borders 
(Schengen Borders Code)12 have to be fulfilled, with the exception of the condition 
laid down in Article5(1)(b) thereof, insofar as this Decision extending the common 
rules  provided  in  Decision  N°  895/2006/EC,  sets  up  a  regime  of  unilateral 
recognition by Bulgaria and Romania of certain documents issued by Member States 
fully implementing the Schengen acquis, similar documents issued by Member States 
not yet fully implementing the Schengen acquis as well as short term visas, long term 
visas  and  residence  permits  issued  by  Bulgaria  and  Romania  for  the  purpose  of 
transit and, in addition, enables the Czech Republic, Cyprus, Hungary, Latvia, Malta, 
Poland,  Slovenia  and  Slovakia,  which  apply  the  simplified  regime  introduced  by 
Decision  N°  895/2006/EC,  to  recognise  similar  documents  issued  by  Bulgaria  and 
Romania. 

Since  the  objective  of  this  Decision,  namely  the  introduction  of  a  unilateral 
recognition regime to be applied by Member states that joined the Union in 2004 and 
2007 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. 

This Decision does not constitute a development of the provisions of the Schengen 
acquis  within  the  meaning  of  the  Agreement  concluded  by  the  Council  of  the 
European  Union  and  the  Republic  of  Iceland  and  the  Kingdom  of  Norway 
concerning the association of these two States with the implementation, application 
and  development  of  the  Schengen  acquis,  as it is addressed only to Member States 
that joined the European Union in 2004 and 2007 that do not yet fully implement the 
Schengen  acquis.  However,  for  the  coherence  and  proper  functioning  of  the 
Schengen  system,  this  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. 

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 
establishing  the  European  Community,  those  Member  States  are  not  taking  part  in 
the adoption of this Decision. 

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. 

12 

OJ L 105, 13.4.2006, p.1. 

EN 

12 

   EN 

 
                                                 
HAVE ADOPTED THIS DECISION: 

Article 1 

This Decision introduces a simplified regime for the control of persons at the external borders 
whereby: 

•  Bulgaria  and  Romania  may  recognise  unilaterally  as  equivalent  to  their  national 
visas for the purpose of transit, the documents referred to in Articles 2 and 3, as 
well as those referred to in Article 4 issued by these two countries to third country 
nationals subject to a visa obligation pursuant to Regulation (EC) N° 539/2001. 

•  the  Czech  Republic,  Cyprus,  Hungary,  Latvia,  Malta,  Poland,  Slovenia  and 
Slovakia  which  have  notified  the  Commission  of  their  decision  to  apply  the 
simplified  regime  introduced  by  Decision  N°  895/2006/EC,  may  recognise 
unilaterally  as  equivalent  to  their  national  visas  for  the  purpose  of  transit  the 
documents  referred  to  in  Article  4,  issued  by  Bulgaria  and  Romania  to  third 
country  nationals  subject  to  a  visa  obligation  pursuant  to  Regulation  (EC) 
N° 539/2001. 

Article 2 

1. 

(i) 

(ii) 

Bulgaria  and  Romania  may  consider  as  equivalent  to  their  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: 

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

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 Bulgaria and Romania decide to apply this  Decision,  they  shall  recognise  all  the 
documents referred to in paragraph 1, regardless of which State issued the document. 

Article 3 

If Bulgaria and Romania decide to apply Article 2, they may, in addition, recognise national 
short term visas, long term visas and resident permits issued by one or more other Member 
States that joined the Union in 2004 and not yet fully implementing the Schengen acquis, as 
equivalent to their national visa for the purpose of transit.  

Documents issued by Member States not yet fully implementing the Schengen acquis, which 
may be recognised are listed in the Annex to Decision N° 895/2006/EC.  

EN 

13 

   EN 

 
Article 4 

Moreover,  Bulgaria  and  Romania  may,  also,  recognise  national  short  term  visas,  long  term 
visas and resident permits issued by them as equivalent to their national visa for the purpose 
of transit.  

Documents  issued  by  Bulgaria  and  Romania,  which  may  be  recognised  pursuant  to  this 
Decision are listed in the Annex.  

Article 5 

The  Czech  Republic,  Cyprus,  Latvia,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia  may 
also recognise Bulgarian and Romanian documents listed in the Annex to this Decision for the 
purpose of transit.  

Article 6 

Bulgaria,  the  Czech  Republic,  Cyprus,  Latvia,  Hungary,  Malta,  Poland,  Romania,  Slovenia 
and  Slovakia  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  their 
territory does not exceed five days.  

The  period  of  validity  of  the  documents  referred  to  in  Articles  2,  3  and  4  shall  cover  the 
duration of the transit.  

Article 7 

Bulgaria,  the  Czech  Republic,  Cyprus,  Latvia,  Hungary,  Malta,  Poland,  Romania,  Slovenia 
and Slovakia shall notify the Commission within 10 working days of the entry into force of 
this  Decision,  if  they  decide  to  apply  this  Decision.  The  Commission  shall  publish  the 
information  communicated  by  these  Member  States  in  the  Official  Journal  of  the  European 
Union.  

Article 8 

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 
Article 4(2) of the 2005 Act of Accession. 

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

Article 9 

EN 

14 

   EN 

 
Done at Brussels, […] 

For the European Parliament 

For the Council  

The President 

The President 
[…]

EN 

15 

   EN 

 
 
ANNEX 

List of documents issued by BULGARIA 

- Visas 

1. 

2. 

Виза за летищен транзит (виза вид "А") - Airport transit visa (type „A”) 

Визи за транзитно преминаване (виза вид "B") - Transit visas (type „B”) 

–  Еднократна транзитна виза - Single-transit visa 

–  Двукратна транзитна виза - Double-transit visa 

–  Многократна транзитна виза - Multiple- transit visa 

3. 

Визи за краткосрочно пребиваване (виза вид "C") - Short-stay visas (type „C”) 

–  Еднократна входна виза - Single-entry visa 

–  Многократна входна виза - Multiple-entry visa 

4. 

Виза за дългосрочно пребиваване (виза вид "D") - Long-stay visa (type „D”) 

- Residence permits 

1. 

2. 

3. 

4. 

Карта на продължително пребиваващ в Република България чужденец – Long-
stay Residence Permit 

Карта  на  постоянно  пребиваващ  в  Република  България  чужденец  -  Permanent 
Residence Permit 

Карта на бежанец – Refugee Residence Permit 

Удостоверение  за  пътуване  зад  граница  на  чужденец  с  хуманитарен  статут  - 
Residence Permit to a third country national granted a humanitarian protection status 
by the Republic of Bulgaria 

List of documents issued by ROMANIA 

- Visas 

–  viză de tranzit, identificată prin simbolul B (transit visa, identified by B symbol) 

–  viză de scurtă şedere, identificată prin simbolul C (short-stay visa, identified by C symbol) 

–  viză  de  lungă  şedere,  identificată  prin  unul  dintre  următoarele  simboluri,  în  funcţie  de 
activitatea pe care urmează să o desfăşoare în România străinul căruia i-a fost acordată: 

(i) 

(ii) 

EN 

desfăşurarea de activităţi economice, identificată prin simbolul D/AE 

desfăşurarea de activităţi profesionale, identificată prin simbolul D/AP 

16 

   EN 

 
(iii) 

desfăşurarea de activităţi comerciale, identificată prin simbolul D/AC 

(iv) 

angajare în munca, identificată prin simbolul D/AM 

(v) 

studii, identificată prin simbolul D/SD 

(vi) 

reîntregirea familiei, identificată prin simbolul D/VF 

(vii) 

intrarea  în  România  a  străinilor  căsătoriţi  cu  cetăţeni  români,  identificată  prin 
simbolul D/CR 

(viii) 

activităţi religioase sau umanitare, identificată prin simbolul D/RU 

(ix) 

viză diplomatică şi viză de serviciu, identificată prin simbolul DS 

(x) 

alte scopuri, identificată prin simbolul D/AS 

(long stay visa, identified by one of the following symbols, according to the activity that the 
alien receiving the visa is to perform in Romania: 

(i) 

(ii) 

economic activities, identified by D/AE symbol 

professional activities, identified by D/AP symbol 

(iii) 

commercial activities, identified by D/AC symbol 

(iv) 

employment, identified by D/AM symbol 

(v) 

studies, identified by D/SD symbol 

(vi) 

family reunification, identified by D/VF symbol 

(vii) 

entry on the Romanian territory of aliens married to Romanian citizens, identified by 
D/CR symbol 

(viii) 

religious or humanitarian activities, identified by D/RU symbol 

(ix) 

diplomatic visa and service visa, identified by DS symbol 

(x) 

other purposes, identified by D/AS symbol) 

EN 

17 

   EN 

 
- 

- 

- 

- 

- Residence permits 

Permis de şedere temporară (temporary residence permit) 

Permis de şedere permanentă (permanent residence permit) 

Carte de rezidenţă - pentru străinii membri de familie ai cetăţenilor români (residence 
card - for aliens who are family members of Romanian citizens) 

Carte  de  rezidenţă  permanentă  -  pentru  străinii  membri  de  familie  ai  cetăţenilor 
români (permanent residence card - for aliens who are family members of Romanian 
citizens) 

EN 

18 

   EN 

 
2007/0186 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

amending Decision N° 896/2006/EC 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) 

(4) 

(5) 

Decision  N°  896/2006/EC  establishes  common  rules  on  unilateral  recognition  by 
Member States of certain residence permits issued by Switzerland and Liechtenstein 
allowing a simplified regime for the control at the external borders of third countries 
nationals who hold these documents. 

As a result of the two step implementation of the Schengen acquis, Member States 
that joined the European Union on 1 May 2004 were 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.  This  obligation  created  additional  administrative 
burdens on the consulates of these Member States in Switzerland and Liechtenstein. 

It did 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, 

Considering that the same reasoning applies to Bulgaria and Romania, the simplified 
regime  introduced  by  Decision  N°  896/2006/EC14  should  be  extended  to  Bulgaria 
and Romania.  

Such amendment of Decision N° 896/2006/EC, should allow Bulgaria and Romania, 
if  they  decide  to  apply  Decision  No  …/2007/EC  to  unilaterally  recognise  the 

13 
14 

OJ C […], […], p. […] 
OJ L 167, 20.6.2006 

EN 

19 

   EN 

 
                                                 
(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

residence  permits  issued  by  Switzerland  and  Liechtenstein,  which  are  listed  in  the 
annex  of  the  Decision  N°  896/2006/EC  as  equivalent  to  their  national  visas  for  the 
purpose of transit. 

Recognition  should  be  limited  to  the  purpose  of  transit  through  the  territory  of 
Bulgaria  and  Romania  and  should  not  affect  the  possibility  of  these  two  Member 
States to issue visas for short term stay.  

The  possibility  for  Bulgaria  and  Romania  not  to  apply  this  Decision  should  be 
limited  to  the  transitional  period  until  the  date  to  be  determined  by  the  Council,  in 
accordance with Article 4(2) of the 2005 Act of Accession.  

The entry conditions laid down in Article 5(1) of Regulation (EC) N°562/2006 of the 
European  Parliament  and  of  the  Council  of  15  March  2006  establishing  a 
Community  Code  on  the  rules  governing  the  movement  of  persons  across  borders 
(Schengen Borders Code)15 have to be fulfilled, with the exception of the condition 
laid  down  in  Article5(1)(b)  thereof,  insofar  as  the  Decision  sets  up  an  equivalence 
regime between transit visas issued by Bulgaria and Romania and certain residence 
permits issued by Switzerland and Liechtenstein.  

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.  

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 
establishing  the  European  Community,  those  Member  States  are  not  taking  part  in 
the adoption of this Decision.  

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  Position  of  Denmark, 
annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty  establishing  the 
European  Community,  Denmark  is  not  taking  part  in  the  adoption  of  this  Decision 
and is not bound by it or subject to its application. 

HAVE ADOPTED THIS DECISION: 

Article 1 

The  following  subparagraph  shall  be  added  to  Article  2  of  Decision  N°  896/2006/EC  as  a 
third subparagraph: 

“If  Bulgaria  and  Romania  decide  to  apply  Decision  No  …./2007/EC,  they  may  unilaterally 
recognise  the  residence  permits  listed  in  the  Annex  to  this  Decision  as  equivalent  to  their 
national  transit  visa  until  the  date  to  be  determined  by  the  Council,  in  accordance  with  the 

15 

OJ L 105, 13.4.2006, p.1. 

EN 

20 

   EN 

 
                                                 
Article 4(2) of the Act concerning the conditions of accession of the Republic of Bulgaria and 
Romania and the adjustments to the Treaties on which the European Union is founded.”  

Article 2 

If  Bulgaria  and  Romania  decide  to  apply  this  Decision,  they  shall  notify  the  Commission 
thereof  within  10  working  days  of  the  date  of  entry  into  force  of  this  Decision..  The 
Commission  shall  publish  the information communicated by them 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 3 

Article 4 

This Decision is addressed to Bulgaria and Romania. 

Done at Brussels, […] 

For the European Parliament 

For the Council  

The President 

The President 
[…] 

EN 

21 

   EN