Decision No 586/2008/EC of the European Parliament and of the Council of 17 June 2008 amending Decision No 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: 2008-06-17
Institutions: Council of the European Union, European Parliament
Subjects: Liechtenstein, Switzerland, border control, external border of the EU, residence permit

21.6.2008

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Official Journal of the European Union

L 162/27

DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE
COUNCIL

DECISION No 586/2008/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 June 2008

amending Decision No 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,

(3)

However, it did not appear necessary for Member States
to require that category of persons to hold a visa for the
purpose of transit, as they represent a low illegal immi-
gration risk for the Member States.

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

establishing the European

Having regard to the proposal from the Commission,

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

laid down in

Whereas:

(1)

(2)

Decision No 896/2006/EC (2) establishes common rules
on unilateral recognition by the Member States of certain
residence permits issued by Switzerland and Liechtenstein
allowing a simplified regime for
the
external borders of third country nationals who hold
these documents.

the control at

residence permit

the two-step implementation of

As a result of
the
Schengen acquis, those Member States that joined the
European Union on 1 May 2004 were required, as
from that date, to issue national visas to third country
nationals who hold a
issued by
Switzerland and Liechtenstein and who are subject to a
visa obligation under 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
are exempt from that requirement (3). That requirement
created
the
administrative
consulates of those Member States in Switzerland and
Liechtenstein.

additional

burdens

on

(1) Opinion of the European Parliament of 31 January 2008 (not yet
published in the Official Journal) and Council Decision of 5 June
2008.

(2) OJ L 167, 20.6.2006, p. 8.
(3) 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).

(4)

(5)

(6)

(7)

Considering that the same reasoning applies to Bulgaria
the simplified regime introduced by
and Romania,
Decision No 896/2006/EC should be
extended to
Bulgaria and Romania.

if

the control of persons at

Such amendment of Decision No 896/2006/EC should
allow Bulgaria and Romania,
they decide to apply
Decision No 582/2008/EC of the European Parliament
the Council of 17 June 2008 introducing a
and of
simplified regime for
the
external borders based on the unilateral recognition by
Bulgaria, Cyprus and Romania of certain documents as
equivalent to their national visas for the purposes of
transit through their territories (4), to recognise unilat-
erally the residence permits issued by Switzerland and
Liechtenstein which are listed in the Annex to Decision
No 896/2006/EC as equivalent to their national transit
visas.

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

The possibility for Bulgaria and Romania not to apply
Decision No 896/2006/EC should be limited to the tran-
sitional period until the date to be determined by the
Council in accordance with the second subparagraph of
Article 4(2) of the 2005 Act of Accession.

(4) OJ L 161, 20.6.2008, p. 30.

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Official Journal of the European Union

21.6.2008

(8)

(9)

on

The entry conditions laid down in Article 5(1) of Regu-
lation (EC) No 562/2006 of the European Parliament and
the Council of 15 March 2006 establishing a
of
Community Code
the
the
movement of persons across borders (Schengen Borders
Code) (1) have to be fulfilled, with the exception of the
condition laid down in Article 5(1)(b) thereof, insofar as
this Decision sets up an equivalence regime between
issued by Bulgaria and Romania and
transit visas
issued by Switzerland and
certain residence permits
Liechtenstein.

governing

rules

Since the objective of this Decision cannot be sufficiently
achieved by the Member States as it directly affects the
Community acquis on external borders 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.

(10) As regards Iceland and Norway, this Decision constitutes
a development of the provisions of the Schengen acquis
within the meaning of the Agreement concluded by the
the European Union and the Republic of
Council of
Iceland and the Kingdom of Norway concerning the
association of those two States with the implementation,
application and development of the Schengen acquis (2),
which fall within the area referred to in Article 1, point
(A) of Council Decision 1999/437/EC of 17 May
1999 (3) on certain arrangements for the application of
that Agreement

(11)

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. Given that this Decision
builds upon the Schengen acquis under the provisions
of Title IV of Part Three of the Treaty establishing the
European Community, Denmark shall,
in accordance
with Article 5 of
the said Protocol, decide within a
period of six months after the date of adoption of this
Decision whether it will implement it in its national law.

take part,

in accordance with Council Decision
not
2000/365/EC of 29 May 2000 concerning the request
of the United Kingdom of Great Britain and Northern
Ireland to take part in some of the provisions of the
Schengen acquis (4);
the United Kingdom is therefore
not taking part in its adoption and is not bound by it
or subject to its application.

(13)

This Decision constitutes a development of provisions of
the Schengen acquis in which Ireland does not take part,
in accordance with Council Decision 2002/192/EC of
28 February 2002 concerning Ireland’s request to take
part in some of the provisions of the Schengen acquis (5).
Ireland is therefore not taking part in its adoption 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 No 896/2006/EC:

the European Parliament and of

‘If Bulgaria and Romania decide to apply Decision No
582/2008/EC of
the
Council of 17 June 2008 introducing a simplified regime
for the control of persons at the external borders based on
the unilateral recognition by Bulgaria, Cyprus and Romania
of certain documents as equivalent to their national visas for
the purposes of transit through their territories (*), 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 second subparagraph of Article 4(2)
of the 2005 Act of Accession.

___________
(*) OJ L 161, 20.6.2008, p. 30.’

Article 2

and Romania decide

If Bulgaria
to apply Decision No
they shall notify the Commission thereof
896/2006/EC,
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.

(12)

This Decision constitutes a development of provisions of
the Schengen acquis in which the United Kingdom does

Article 3

This Decision shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

(1) OJ L 105, 13.4.2006, p. 1.
(2) OJ L 176, 10.7.1999, p. 36.
(3) OJ L 176, 10.7.1999, p. 31.

(4) OJ L 131, 1.6.2000, p. 43.
(5) OJ L 64, 7.3.2002, p. 20.

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This Decision is addressed to the Member States in accordance with the Treaty establishing the European
Community.

Article 4

Done at Strasbourg, 17 June 2008.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

J. LENARČIČ