2007/801/EC: Council Decision of 6 December 2007 on the full application of the provisions of the Schengen acquis in the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic
Date: 2007-12-06
Institutions: Council of the European Union
Subjects: Schengen Agreement, Schengen Information System, accession to the European Union, application of EU law, free movement of persons, public international law

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COUNCIL DECISION

of 6 December 2007
on the full application of the provisions of the Schengen acquis in the Czech Republic, the Republic
of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic
of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic

(2007/801/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the 2003 Act of Accession, and in particular
Article 3(2) thereof,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

Article 3(2) of the 2003 Act of Accession provides that
the provisions of the Schengen acquis other than those
mentioned in Annex I to the said Act shall only apply in
a new Member State within the meaning of
that
to a Council Decision to that
instrument pursuant
effect after verification that the necessary conditions for
the application of that acquis have been met.

The Council, having verified that the necessary conditions
for the application of the data protection part of the
Schengen acquis concerned had been met by the Czech
Republic, the Republic of Estonia, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary, the
Republic of Malta, the Republic of Poland, the Republic
of Slovenia and the Slovak Republic (hereinafter the
Member States concerned), rendered the provisions of
the Schengen acquis related to the Schengen Information
System applicable to the Member States concerned from
1 September 2007.

evaluation

in accordance with the
The Council has now verified,
applicable Schengen evaluation procedures as set out in
the Decision of
the Executive Committee of 16
September 1998 setting up a Standing Committee on
of
the
Schengen
implementation
(SCH/Com-ex (98) 26 def.) (2),
the necessary
that
the Schengen acquis
conditions for the application of
have been met in all other areas of the Schengen acquis
— Air Borders, Land Borders, Police Cooperation, the
Schengen Information System, Sea Borders and Visas
— in the Member States concerned.

and

(5)

(6)

(7)

(8)

is possible to set dates for the application of
in full by those Member States,

It
Schengen acquis
dates from which checks on persons at
borders with those Member States should be lifted.

the
i.e.
the internal

From the earliest such dates, the restrictions on the use
of the Schengen Information System, provided for in
Council Decision 2007/471/EC of 12 June 2007 on
the application of the provisions of the Schengen acquis
relating to the Schengen Information System in the
Czech Republic, the Republic of Estonia, the Republic
the Republic of
of Latvia,
the Republic of
Hungary,
Poland,
and the Slovak
Republic (3), should be lifted.

the Republic of Lithuania,
the Republic of Malta,
the Republic of Slovenia

In order to avoid the enlargement of the Schengen area
causing travel within the area to become more difficult
for certain categories of persons, the facilitation provided
by Decision No 895/2006/EC (4)
third-country
nationals holding a national short-term visa issued by
transit
one of
through
States
of
concerned, should be maintained. Consequently, certain
provisions of that Decision should continue to apply for
a limited, transitional period.

the Member States
territory
the

concerned for
other Member

for

In accordance with the second subparagraph of Article
3(2) of the 2003 Act of Accession and as a result of the
partial application of the Schengen acquis by the United
Kingdom of Great Britain and Northern Ireland provided
for in Council Decision 2004/926/EC of 22 December
2004 on the putting into effect of parts of the Schengen
acquis by the United Kingdom of Great Britain and
Northern Ireland (5), and in particular the first subpara-
graph of Article 1 thereof, only part of the provisions of
the Schengen acquis applicable to the Member States
concerned in their
States
applying the Schengen acquis in full should apply in
the relations of the Member States concerned with the
United Kingdom of Great Britain and Northern Ireland.

relations with Member

(4)

On 8 November 2007, the Council concluded that the
the areas mentioned had been
conditions in each of
fulfilled by the Member States concerned.

(1) Opinion delivered on 15 November 2007 (not yet published in the

Official Journal).

(2) OJ L 239, 22.9.2000, p. 138.

(3) OJ L 179, 7.7.2007, p. 46.
(4) 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 (OJ L 167, 20.6.2006, p. 1).

(5) OJ L 395, 31.12.2004, p. 70.

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(9)

As regards Iceland and Norway, this Decision constitutes
the Schengen acquis
a development of provisions of
within the meaning of the Agreement concluded by the
Council of
the European Union and the Republic of
Iceland and the Kingdom of Norway concerning the
association of those two States with the implementation,
the Schengen acquis,
application and development of
which fall within the area referred to in Article 1,
points B, C, D,
and H of Council Decision
1999/437/EC (1), on certain arrangements for the appli-
cation of that Agreement,

F

HAS DECIDED AS FOLLOWS:

Article 1

The provisions of

the Schengen acquis referred to in
1.
Annex I shall apply to the Member States concerned amongst
themselves and in their relations with the Kingdom of Belgium,
the Kingdom of Denmark, the Federal Republic of Germany, the
Hellenic Republic,
the Republic of
the Kingdom of Spain,
France, the Italian Republic, the Grand Duchy of Luxembourg,
the Kingdom of the Netherlands, the Republic of Austria, the
Portuguese Republic, the Republic of Finland and the Kingdom
of Sweden, as well as with the Republic of Iceland and the
Kingdom of Norway as from 21 December 2007.

To the extent that those provisions regulate the abolition of
they shall apply as
internal borders,
checks on persons at
from 30 March 2008 to air borders.

All restrictions on the use of the Schengen Information System
by the Member States concerned shall be lifted as from 21
December 2007.

The provisions of

the Schengen acquis referred to in
2.
Annex II shall apply to the Member States concerned in their
relations with the United Kingdom of Great Britain and
Northern Ireland as from 21 December 2007.

Article 2

Until 30 June 2008, and during their period of validity, national
short-term visas issued before 21 December 2007 shall remain
valid for the purpose of transit through the territory of the
other Member States concerned in so far as they recognised
such short-term visas for the purpose of transit in accordance
with Decision No 895/2006/EC. The conditions set out in that
Decision shall apply.

Article 3

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

Done at Brussels, 6 December 2007.

For the Council
The President

A. COSTA

(1) OJ L 176, 10.7.1999, p. 31.

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ANNEX I

List of the provisions of the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession to
be rendered applicable to the Member States concerned in their relations with the Member States applying the
Schengen acquis in full as well as Iceland and Norway

1. In respect of the provisions of the Schengen Convention:

Article 1 to the extent that it relates to the provisions of this paragraph, Articles 9-12, Articles 14-25 excluding Article
19(2), Articles 40-43, and Articles 126-130 to the extent that they relate to the provisions of this paragraph, of the
Schengen Convention, as amended by certain of the acts listed in point (2)(c) below;

2. Other provisions:

(a) The following provisions of the Agreements on Accession to the Convention signed in Schengen on 19 June 1990
implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common
borders, their Final Acts and the related Declarations:

— the Agreement signed on 27 November 1990 on the Accession of the Italian Republic: Article 2, Article 3 and
Joint Declaration on Articles 2 and 3 of the Agreement on the Accession of the Italian Republic to the
Convention Implementing the Schengen Agreement of 14 June 1985,

— the Agreement signed on 25 June 1991 on the Accession of the Kingdom of Spain: Article 2 and Article 3,

— the Agreement signed on 25 June 1991 on the Accession of the Portuguese Republic: Article 2, Article 3, and

Declaration 1 in Part III of the Final Act,

— the Agreement signed on 6 November 1992 on the Accession of the Hellenic Republic: Article 2,

— the Agreement signed on 28 April 1995 on the Accession of the Republic of Austria: Article 2 and Article 3,

— the Agreement signed on 19 December 1996 on the Accession of the Kingdom of Denmark: Article 2 and

Article 3,

— the Agreement signed on 19 December 1996 on the Accession of the Republic of Finland: Article 2 and

Article 3,

— the Agreement signed on 19 December 1996 on the Accession of the Kingdom of Sweden: Article 2 and

Article 3;

(b) The following Decisions of the Executive Committee established by the Schengen Convention:

— Decision of the Executive Committee of 14 December 1993 extending the uniform visa (SCH/Com-ex (93) 21);

— Decision of the Executive Committee of 14 December 1993 on the common principles for cancelling,

rescinding or shortening the length of validity of the uniform visa (SCH/Com-ex (93) 24);

— Decision of the Executive Committee of 21 November 1994 introducing a computerised procedure for
consulting the central authorities referred to in Article 17(2) of the Convention (SCH/Com-ex (94) 15 rev.);

— Decision of the Executive Committee of 22 December 1994 on the exchange of statistical information on the

issuing of uniform visas (SCH/Com-ex (94) 25);

— Decision of the Executive Committee of 5 May 1995 on common visa policy. Decision contained in the
minutes of the meeting of the Executive Committee held in Brussels on 28 April 1995 (SCH/Com-ex (95)
PV 1 rev.);

— Decision of the Executive Committee of 27 June 1996 on the principles for issuing Schengen visas in
accordance with Article 30(1)(a) of the Convention implementing the Schengen Agreement (SCH/Com-ex
(96) 13 rev. 1);

— Decision of the Executive Committee of 15 December 1997 on the guiding principles for means of proof and
indicative evidence within the framework of readmission agreements between Schengen States (SCH/Com-ex
(97) 39 rev.);

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— Decision of the Executive Committee of 21 April 1998 on the exchange of statistics on issued visas (SCH/Com-

ex (98) 12);

— Decision of the Executive Committee of 23 June 1998 on measures to be taken in respect of countries posing
problems with regard to the issue of documents required for expulsion from the Schengen territory (SCH/Com-
ex (98) 18 rev.);

— Decision of the Executive Committee of 23 June 1998 on Monegasque residence permits (SCH/Com-ex (98)

19);

— Decision of the Executive Committee of 23 June 1998 on the stamping of passports of visa applicants

(SCH/Com-ex (98) 21);

— Decision of the Executive Committee of 23 June 1998 on a catch-all clause to cover the whole technical

Schengen acquis (SCH/Com-ex (98) 29 rev.);

— Decision of the Executive Committee of 16 December 1998 on the Handbook on cross-border police coop-

eration (SCH/Com-ex (98) 52);

— Decision of the Executive Committee of 16 December 1998 concerning the compilation of a manual of

documents to which a visa may be affixed (SCH/Com-ex (98) 56);

— Decision of the Executive Committee of 28 April 1999 on the definitive versions of the Common Manual and
the Common Consular Instructions (SCH/Com-ex (99) 13) insofar as it relates to provisions of the Common
Consular Instructions that have not already been rendered applicable by virtue of the 2003 Act of Accession;

— Decision of the Executive Committee of 28 April 1999 on the compilation of a manual of documents to

which a visa may be affixed (SCH/Com-ex (99) 14);

(c) The following other instruments:

— Council Decision 2000/645/EC of 17 October 2000 correcting the Schengen acquis as contained in Schengen
Executive Committee SCH/Com-ex (94) 15 Rev (OJ L 272, 25.10.2000, p. 24. Decision as amended by
Decision 2003/330/EC (OJ L 116, 13.5.2003, p. 22));

— Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa

(OJ L 150, 6.6.2001, p. 4);

— Council Decision 2001/420/EC of 28 May 2001 on the adaptation of Parts V and VI and Annex 13 of the
Common Consular Instructions on Visas and Annex 6a to the Common Manual with regard to long-stay visas
valid concurrently as short-stay visas (OJ L 150, 6.6.2001, p. 47) insofar as it relates to the Common Consular
Instructions;

— Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of
third country nationals (OJ L 149, 2.6.2001, p. 34) and Council Decision No 2004/191/EC of 23 February
imbalances
2004 setting out the criteria and practical arrangements for the compensation of the financial
resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the
expulsion of third country nationals (OJ L 60, 27.2.2004, p. 55);

— Council Decision 2002/44/EC of 20 December 2001 amending Part VII and Annex 12 to the Common
insofar as it

(OJ L 20, 23.1.2002, p. 5)

Consular Instructions and Annex 14a to the Common Manual
relates to the Common Consular Instructions;

— Council Decision 2002/354/EC of 25 April 2002 on the adaptation of Part III of, and the creation of an

Annex 16 to, the Common Consular Instructions (OJ L 123, 9.5.2002, p. 50);

— Council Decision 2002/585/EC of 12 July 2002 on the adaptation of Parts III and VIII of the Common

Consular Instructions (OJ L 187, 16.7.2002, p. 44);

— Council Decision 2002/586/EC of 12 July 2002 on the amendment of Part VI of the Common Consular

Instructions (OJ L 187, 16.7.2002, p. 48);

— Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the

issue of such visas to seamen in transit (OJ L 64, 7.3.2003, p. 1);

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— Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document
(FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the
Common Manual (OJ L 99, 17.4.2003, p. 8) insofar as it relates to the Common Consular Instructions;

— Council Decision 2003/454/EC of 13 June 2003 amending Annex 12 to the Common Consular Instructions
and Annex 14a to the Common Manual on visa fees (OJ L 152, 20.6.2003, p. 82) insofar as it relates to the
Common Consular Instructions;

— Council Decision 2003/585/EC of 28 July 2003 amending Annex 2, Schedule A, of the Common Consular
Instructions and Annex 5, Schedule A, to the Common Manual on the visa requirements for holders of
Pakistani diplomatic passports (OJ L 198, 6.8.2003, p. 13) insofar as it relates to the Common Consular
Instructions;

— Council Decision 2003/586/EC of 28 July 2003 on the amendment of Annex 3, Part I, of the Common
Consular Instructions and Annex 5a, Part I, to the Common Manual on third country nationals subject to
insofar as it relates to the Common Consular
airport visa requirements (OJ L 198, 6.8.2003, p. 15)
Instructions;

— Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40 (1) and (7) of the
Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at
common borders (OJ L 260, 11.10.2003, p. 37);

— Council Decision 2004/14/EC of 22 December 2003 amending the third subparagraph (basic criteria for

examining applications) of Part V of the Common Consular Instructions (OJ L 5, 9.1.2004, p. 74);

— Council Decision 2004/15/EC of 22 December 2003 amending point 1.2 of Part II of the Common Consular

Instructions and drawing up a new Annex thereto (OJ L 5, 9.1.2004, p. 76);

— Council Decision 2004/17/EC of 22 December 2003 amending Part V, point 1.4, of the Common Consular
Instructions and Part I, point 4.1.2 of the Common Manual as regards inclusion of the requirement to be in
possession of travel medical insurance as one of the supporting documents for the grant of a uniform entry
visa (OJ L 5, 9.1.2004, p. 79) insofar as it relates to the Common Consular Instructions;

— Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for the removal, from the
territory of two or more Member States, of third-country nationals who are the subjects of individual removal
orders (OJ L 261, 6.8.2004, p. 28);

— Recommendation 2005/761/EC of the European Parliament and of the Council of 28 September 2005 to
facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries
travelling within the Community for the purpose of carrying out scientific research (OJ L 289, 3.11.2005,
p. 23);

— The first sentence of Article 1 and Title III of 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);

— Council Decision 2006/440/EC of 1 June 2006 amending Annex 12 to the Common Consular Instructions
and Annex 14a to the Common Manual on the fees to be charged corresponding to the administrative costs of
processing visa applications (OJ L 175, 29.6.2006, p. 77) insofar as it relates to the Common Consular
Instructions;

— Articles 4(b) and 9(c) of Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20
December 2006 laying down rules on local border traffic at the external land borders of the Member States
and amending the provisions of the Schengen Convention (OJ L 405, 30.12.2006, p. 1);

— Council Decision 2006/684/EC of 5 October 2006 amending Annex 2, Schedule A, to the Common Consular
Instructions on the visa requirements for holders of Indonesian diplomatic and service passports (OJ L 280,
12.10.2006, p. 29);

— Council Decision 2007/519/EC of 16 July 2007 amending Part 2 of the Schengen consultation network

(technical specifications) (OJ L 192, 24.7.2007, p. 26).

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ANNEX II

List of the provisions of the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession to
be rendered applicable to the Member States concerned in their relations with the United Kingdom of great
Britain and Northern Ireland

1. In respect of the provisions of the Schengen Convention:

Article 40 and Articles 42 and 43 to the extent that they relate to Article 40.

2. Other provisions:

(a) The following Decisions of the Executive Committee established by the Schengen Convention:

Decision of the Executive Committee of 16 December 1998 on the Handbook on cross-border police cooperation
(SCH/Com-ex (98) 52).

(b) The following other instruments:

Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the
Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at
common borders (OJ L 260, 11.10.2003, p. 37).