Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the list of travel documents entitling the holder to cross the external borders and which may be endorsed with a visa and on setting up a mechanism for establishing this list
Date: 2010-11-12
Institutions: European Commission
Subjects: EU visa policy, Schengen Agreement, border control, third country

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EUROPEAN COMMISSION 

Brussels, 12.11.2010 
COM(2010) 662 final 

2010/0325 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the list of travel documents entitling the holder to cross the external borders and 
which may be endorsed with a visa and on setting up a mechanism for establishing this 
list 

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EXPLANATORY MEMORANDUM 

1. 

Context of the proposal 

Article  17  (3)  (a)  of  the  Convention  Implementing  the  Schengen  Agreement  (CSA) 
established that "the Executive Committee shall also take the necessary decisions on … the 
travel  documents  to  which  a  visa  may  be  affixed.  In  accordance  with  that  Article,  two 
Executive  Committee  decisions  were  drawn  up  in  1998  and  in  1999  "concerning  the 
compilation of a manual of documents to which a visa may be affixed" (SCH/Com-ex (98)56 
and SCH/Com-ex (99) 14) and consequently the existing "Table of travel documents of third 
country nationals for the purpose of visa issuance and the crossing of borders" was drawn up. 
Annex 11 to the Common Consular Instructions (CCI) listed certain "criteria for determining 
whether a travel document may bear a visa." However, on 5 April 2010 Regulation 810/2009 
of the European Parliament and the Council establishing a Community Code on Visas ("the 
Visa  Code")  repealed  both  Article  17  (3)  of  the  CSA,  which  was  the  legal  basis  for 
SCH/Com-ex (98)56, SCH/Com-ex (99)14 and the CCI.  

Article  2(1)  of  Council  Regulation  (EC)  No  789/2001  established  that  "Each  Member  State 
shall communicate to the Secretary-General of the Council such amendments as it wishes to 
make to …… the manual of documents to which a visa may be affixed…". Article 3 of the 
same Regulation established that "The General Secretariat of the Council shall be responsible 
for the preparation of revised versions of ….. the manual of documents to which a visa may 
be affixed…". Also Regulation 789/2001 in turn was also repealed by the Visa Code.  

The  existing  "Table  of  travel  documents  of  third  country  nationals  for  the  purpose  of  visa 
issuance  and  the  crossing  of  borders"  (hereinafter  referred  to  "the  Table")  consists  of  five 
parts: 

I: 

II: 

III: 

IV: 

Travel  documents  to  which  a  visa  may  be  affixed  listing  documents  issued  by  all 
third  countries  whose  nationals are subject to visa requirements, the third countries 
whose  nationals  are  not  subject  to  such  requirements  and  Member  States  not  yet 
applying the Schengen acquis in full. 

Aliens'  passports  issued  by  the  Schengen  States  to  which  a  visa  may  be  affixed 
listing  the  aliens  travel  document  (or  alien's  passport  or  non-nationals  passport), 
refugees  travel  document  (Geneva  Convention  of  28  July  1951),  and  the  stateless 
persons travel document (New York Convention of 28 September 1954). 

A list of travel documents issued by international organisations listing 12 documents 
issued by international organisations. 

Gradual  compilation  of  a  documentary  register  containing  copies  of  originals  (this 
part was never drawn up). 

V: 

Information on known fictitious passports. 

The Table is periodically updated on the basis of Member States' notifications to the Council 
General Secretariat. Consolidated versions are published generally once a year. 

The purpose of the Table is twofold: on the one hand it allows border control authorities to 
verify  whether  a  given  document  is  recognised  for  the  purpose  of  crossing  the  external 
borders and on the other it allows consular staff to verify whether all Member States applying 

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the  common  visa  policy  recognise  a  given  document  for  the  purpose  of  affixing  the  visa 
sticker. The territorial validity of the visa issued and affixed must correspond to the territory 
of  the  Member  States  recognising  the  travel  document,  i.e.  if  a  Member  State  does  not 
recognise a given travel document, the holder of the travel document will not have access to 
the  territory  of  that  Member  State.  The  rules  for  issuing  visas  in  such  cases  are  set  out  in 
Article 25 (3) of the Visa Code. 

Under Article 5 (1) (a) of the Schengen Borders Code (SBC), "'third country nationals must 
possess a valid travel document or documents authorising them to cross the border".  

Grounds for and objectives of the proposal 

The existing "Table of Travel documents" which dates back to the intergovernmental period 
of the Schengen cooperation needs to be adapted to the institutional and legal framework of 
the European Union .The legal basis for the Schengen provisions on visa policy and on "the 
standards  and  procedures  to  be  followed  …  in  carrying  out  checks  on  persons  at  [external] 
borders" is Article 77 (2) (a) and (b) of the Treaty on the Functioning of the European Union 
(TFEU).  

Certain provisions of the Visa Code refer to Member States' recognition or non-recognition of 
travel  documents  issued  by  third  countries.  There  is  only  one  implicit  reference  in  the 
Schengen  Borders  Code  to  Member  States'  recognition  or  non-recognition  of  travel 
documents held by third country nationals wishing to cross the external borders. The existing 
Table also lists documents entitling their holder to cross the external borders. 

To  date  there  is  no  systematic  monitoring  of  the  lists  of  travel  documents  issued  by  third 
countries.  Consequently  Member  States  do  not  have  to  indicate  their  position  in  relation  to 
recognition or non-recognition of all the documents listed. This creates legal uncertainty for 
the holders of certain travel documents who risk refusal of entry or who are issued with a visa 
with  limited  territorial  validity  allowing  them  to  travel  only  to  the  Member  States  who 
recognise  their  travel  document.  Moreover,  the  "non-recognition"  indicated  in  the  Table  is 
often the result not of deliberate decision by the Member State concerned not to recognise the 
travel document but of a failure to take a position on the travel document in question.  

Given Member States exclusive powers over recognition of travel documents it is not possible 
to  set  out  rules  on  harmonisation  of  the  recognition  of  travel  documents.  This  proposal  is 
therefore limited to setting up a mechanism to ensure that the list of travel documents issued 
by third countries is constantly updated, to establish a centralised mechanism for the technical 
assessment of such travel documents and, finally, to ensure that Member States express their 
position  in  relation  to  recognition  or  non-recognition  of  all  the  listed  travel  documents. 
However,  the  proposal  also  allows  for  exchanges  of  information  within  an  advisory 
committee  with  the  aim  of  reaching  a  common  position  amongst  Member  States  on 
recognition or non-recognition of any given travel document.  

2. 

Legal elements of the proposal 

The  purpose  of  the  proposal  is  to  set  up  a  mechanism  to  ensure  that  the  list  of  travel 
documents  issued  by  third  countries  is  constantly  updated,  to  establish  a  centralised 
mechanism for the technical assessment of such travel documents and, finally, to ensure that 
Member States express their position in relation to the recognition or non-recognition of these 
documents. The structure of the list of travel documents has been modernised and linked to 
Regulation  539/2001,  listing  the  third  countries  whose  nationals  must  be  in  possession  of  a 

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visa  when  crossing  the  external  borders  and  those  whose  nationals  are  exempt  from  that 
requirement.  

The  Table  will  also  contain  information  on:  travel  documents  issued  by  Member  States  not 
applying the Schengen acquis on travel documents issued by Member States to third country 
nationals, to refugees under the Geneva Convention of 28 July 1951 and to stateless persons 
under  the  New  York  Convention  of  28  September  1954  and  on  travel  documents  issued  by 
international  organisations, e.g. the United Nations, the European Union, the North Atlantic 
Treaty Organisation and the International Committee of the Red Cross. 

A link has also been created to the provisions in the Visa Code on local Schengen cooperation 
(Article 48). Article 48 (1) (c) stipulates that "an exhaustive list of travel documents issued by 
the host country" should be established. This will contribute to keeping the data updated.  

The proposal does not include Part V of the existing Table - "Information on known fictitious 
passports". The list of "non-recognisable" fictitious travel documents cannot be considered as 
exhaustive and therefore offers little added value. 

The  legal  basis  of  the  proposal  is  Article  77  (2)  of  the  TFEU  as  this  is  the  EU  legal  basis 
given  to  Schengen  Executive  Committee  Decisions  SCH/Com-ex  (98)  56  and  SCH/Com-ex 
(99)  14  in  Council  Decision  No  1999/436/EC  of  20  May  1999  determining,  in  conformity 
with  the  relevant  provisions  of  the  Treaty  establishing  the  European  Community  and  the 
Treaty  on  European  Union,  the  legal  basis  for  each  of  the  provisions  or  decisions  which 
constitute the Schengen acquis (Annex C, Article 4)1. 

The  proposal  provides  for  simplification  of  administrative  procedures  for  public  authorities 
(EU or national). Creation of a centralised mechanism, in the form of an advisory committee 
which can carry out a technical assessment of travel documents issued by third countries and 
their level of security will share the burden, as the results of such assessments will be shared 
between all Member States thus preventing duplication of effort. 

Adoption of the proposal will lead to the repeal of existing legislation. 

3. 

Consultation of interested parties 

On 3rd October 2008 an experts' meeting on the revision of the Table of travel documents was 
organised by Commission staff. Experts from 23 Member States participated. 

Member States called for a legal instrument: 

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establishing a mechanism to ensure that the entries concerning the documents issued 
by third countries are constantly up to date; 

establishing  a  centralised  mechanism  for  Member  States  to  carry  out  a  technical 
assessment of travel documents issued by third countries in order to support Member 
States' decision-making process on recognition of travel documents; 

establishing  a  mechanism  placing  an  obligation  on  Member  States  to  express  their 
position on all travel documents listed; 

OJ L 176, 10.7.1999, p. 17. 

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o 

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possibly,  providing  for  a  harmonised  position  on  "traditional"  types  of  travel 
documents (ordinary, diplomatic and service/official/special passports); 

basing  the  Table  on  Lists  I  and  II  of  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; 

maintaining the current structure of the Table but deleting of Part V;  

ensuring  that  the  Table  is  "online"  and  maintained  by  the  Commission.  The 
electronic database should contain specimens of all travel documents listed. 

This  proposal  by  the  Commission  has  taken  into  account  all  the  suggestions  made  by  the 
experts,  except  for  the  wish  for  greater  harmonisation  of  recognition  given  the  above-
mentioned legal constraints and for establishment of an online database containing specimen 
of  all  travel  documents.  While  fully  supporting the latter, the Commission  is of  the opinion 
that  the  main  concerns  in  relation  to  the  current  Table  of  Travel  Documents  are  the 
unstructured updating of entries concerning the documents issued by third countries and the 
negative  effects  at  operational  level  (in  particular  in  terms  of  issuing  uniform  visas)  of 
Member States' failure to take a position on to the recognition or non-recognition. Therefore 
the first priority  should be to  establish  channels and  procedures for solving those problems. 
Establishment of such a database would take time and consume resources and would simply 
delay  the  adoption  of  the  legal  instrument  to  remedy  the  more  pressing  problems.  On  the 
long-term basis, synergies with the FADO (online system for exchanging information on false 
and  authentic  documents  set  up  under  the  Joint  Action  98/700/JHA  and  operated  by  the 
Council General Secretariat) could be obtained by basing an online Table of travel documents 
on  certain  elements  of  the  FADO  (e.g.  images  of  specimens  of  travel  documents)  and  thus 
avoiding  onerous  overlapping  of  efforts.  The  list  of  travel  documents  as  suggested  by  the 
Commission,  and  subsequent  updates,  will  be  available  in  electronic  form  in  the  Circa 
database. 

A meeting document drawn up by the Commission staff for the purpose of the expert meeting, 
held  in  October  2008  set  out  a  number  of  options  that  were  considered  by  Member  States' 
experts. 

The option of establishing a legal instrument providing for a mechanism to provide a list of 
Travel  documents  constantly  updated  in  terms  of  both  the  information  on  the  travel 
documents  issued  by  third  countries  and  of  the  indication  of  Member  States'  recognition  or 
non-recognition  of  these  documents  was  chosen  in  order  to  enhance  harmonisation  while 
preserving Member States' exclusive powers over recognition of travel documents. 

4. 

Impact assessment  

Given  that  the  objectives  of  the  proposal  are  to  adapt  the  already  existing  "Table  of  Travel 
documents"  to  the  institutional  and  legal  framework  of  the  European  Union,  to  make  the 
existing system more efficient, and to establish a framework for exchange of information on 
decisions taken by Member States at national level an impact assessment is not relevant. 

5. 

Proportionality and subsidiarity principles 

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The Table of Travel Documents is an indispensable part of the Schengen acquis on borders 
and  visas.  The  objectives  of  the  proposal  are  to  adapt  the  already  existing  "Table  of  Travel 
documents"  to  the  institutional  and  legal  framework  of  the  European  Union,  to  make  the 
existing system more efficient and to establish a framework for exchanges of information on 
decisions taken by Member States at national level.  

6. 

Choice of instrument 

Recognition  of  travel  documents  is  relevant  for  to  the  implementation  of  existing  Union 
legislation  (i.e.  the  Schengen  Borders  Code  and  the  Visa  Code):  it  is  intrinsically  linked  to 
application  of  the  provisions  of  the  Schengen  acquis  relating  to  checks  on  persons  at  the 
external borders and the issuing of short stay visas. However, given Member States' exclusive 
powers  over  the  recognition  of  travel  documents,  the  instrument  will  take  the  form  of  a 
Decision  of  the  European  Parliament  and  the  Council  as  it  is  limited  to  a  revision  and 
modernisation of the Table of travel documents.  

7. 

Budgetary implications  

The proposed Decision has no implication on the European Union budget. 

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2010/0325 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the list of travel documents entitling the holder to cross the external borders and which may 
be endorsed with a visa and on setting up a mechanism for establishing this list 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2) 
thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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On the basis of Article 17(3) (a) of the Convention implementing the Schengen Agreement of 
14  June  19852,  Decisions  SCH/Com-ex  (98)563  and  SCH/Com-ex  (99)144  established  the 
Manual of travel documents entitling the holder to cross the external borders and which may be 
endorsed  with  at  visa.  These  Decisions  should  be  adapted  to  the  institutional  and  legal 
framework of the European Union.  

The lists of travel documents issued by third states should be monitored systematically to ensure 
Member States' authorities dealing with the processing of visa applications and border control 
have  accurate  information  at  their  disposal  about  the  travel  documents  presented  by  third 
country nationals.  Exchanges of information between Member States on the travel documents 
issued and on Member States' recognition of these travel documents and making available of the 
entire compilation to the public should be modernised and made more efficient. 

Under  Article  48  (1)  (c)  of  Regulation  (EC)  810/2009  of  the  European  Parliament  and  of  the 
Council of 13 July 2009 establishing a Community Code on Visas5 an exhaustive list of travel 
documents issued by the host country should be drawn up within local Schengen cooperation.  

A  mechanism  should  be  established  to  ensure  that  the  list  of  travel  documents  is  constantly 
updated and to allow for a common technical assessment, where appropriate, of the listed travel 

OJ L 239, 22.9.2000, p. 19. 
OJ L 239, 22.9.2000, p. 207. 
OJ L 239, 22.9.2000, p. 298. 
OJ L 243, 15.9.2009, p.1. 

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documents  and  place  an  obligation  on  Member  States  to  express  their  position  on  the 
recognition and non-recognition of these documents.  

(5)  Member  States  are  and  should  remain  responsible  for  the  recognition  of  travel  documents  for 

the purpose of allowing the holder to cross the external borders and affixing a visa.  

(6)  Member States should notify their position in relation to all travel documents and endeavour to 

harmonise their positions on the different types of travel documents. 

(7) 

(8) 

(9) 

The  measures  necessary  for  the  implementation  of  this  Decision  should  be  adopted  in 
accordance  with  Council  Decision 1999/468/EC  of  28 June 1999  laying  down  the  procedures 
for the exercise of implementing powers conferred on the Commission 6. 

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  Council  of  the 
European  Union  and  the  Republic  of  Iceland  and  the  Kingdom of  Norway  concerning  the 
latters'  association  with  the  implementation,  application  and  development  of  the  Schengen 
acquis7, which falls within the area referred to in Article 1, points (A), (B) and (C) of Council 
Decision  1999/437/EC  of 17 May 1999  on  certain  arrangements  for  the  application  of  that 
Agreement8.  

As  regards  Switzerland,  this  Decision  constitutes  a  development  of  the  provisions  of  the 
Schengen acquis within the meaning of the Agreement concluded between the European Union, 
the European Community and the Swiss Confederation on the Swiss Confederation's association 
with  the  implementation,  application  and  development  of  the  Schengen  acquis9,  which  fall 
within  the  area  referred  to  in  Article  1,  points  (A),  (B)  and  (C),  of  Council  Decision 
1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC10. 

(10)  As  regards  Liechtenstein,  this  Decision  constitutes  a  development  of  the  provisions  of  the 
Schengen  acquis  within the  meaning  of  the  Protocol signed between the European Union, the 
European  Community,  the  Swiss  Confederation  and  the  Principality  of  Liechtenstein  on  the 
accession  of  the  Principality  of  Liechtenstein  to  the  Agreement  between  the  European  Union, 
the European Community and the Swiss Confederation on the Swiss Confederation's association 
with  the  implementation,  application  and  development  of  the  Schengen  acquis,  which  fall 
within 
in  Article  1,  points  (A),  (B)  and  (C)  of  Council 
Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/261/EC11.  

the  area  referred 

to 

(11)  As provided for in Articles 1 and 2 of the Protocol on the position of Denmark annexed to the 
Treaty on the Functioning of the European Union, Denmark is not participating in the adoption 
of this instrument and, accordingly, is neither bound by it nor subject to its application. Given 
that the present instrument is intended to build upon the Schengen acquis under the provisions 
of  Title  V  of  the  Treaty  on  the  Functioning  of  the  European  Union,  Denmark  shall,  in 

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OJ L 184, 17.7.1999, p. 23. 
OJ L 176, 10.7.1999, p. 36. 
OJ L176, 10.7.1999, p. 31. 
OJ L 53, 27.2.2008, p.52. 
OJ L 53, 27.2.2008, p. 1. 
OJ L 83, 26.3.2008, p. 3. 

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accordance with Article 5 of the Protocol, decide within a period of six months after the Council 
has adopted this instrument whether it will implement this decision in its national law. 

(12)  This  Decision  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in  which  the 
United  Kingdom  does  not  take  part,  in  accordance  with  Council  Decision 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 acquis12; 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  acquis13; 
Ireland  is  therefore  not  taking  part  in  its  adoption  and  is  not  bound  by  it  or  subject  to  its 
application. 

(14)  As  regards  Cyprus,  this  Decision  constitutes  an  act  building  upon  the  Schengen  acquis  or 
otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession.  

(15)  This  Decision  constitutes  an  act  building  upon  the  Schengen  acquis  or  otherwise  related  to  it 

within the meaning of Article 4(2) of the 2005 Act of Accession,  

HAVE ADOPTED THIS DECISION: 

Article 1 

Subject matter and Scope 

1. 

2. 

1. 

This Decision establishes the list of Travel Documents entitling the holder to cross the external 
borders and which may be endorsed with at visa (hereinafter referred to as "the list of travel 
documents") and a mechanism for compiling this list. 

This Decision applies to travel documents such as national passport (ordinary, diplomatic or 
service/official  or  special  passport),  an  emergency  travel  document,  a  refugee  or  stateless 
persons travel document, a travel document issued by international organisations or a laissez-
passer.  

Article 2 

Compilation of the list of travel documents  

The  Commission  shall  draw  up  the  list  of  travel  documents  with  the  assistance  of  Member 
States and on the basis of information gathered within local Schengen cooperation, as referred 
to in Article 48(1)(c) of Regulation (EC) No 810/2009 of the European Parliament and of the 
Council of 13 July 2009 establishing a Community Code on Visas. 

12 
13 

OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 

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2. 

The list of travel documents shall be drawn up in accordance with the procedure referred to in 
Article 7(2). 

Article 3 

Structure of the list 

1. 

2. 

3. 

4. 

5. 

6. 

1. 

2. 

The list shall be divided into three parts. 

Part I shall consist of travel documents issued by the third countries and territorial entities as 
listed in Annexes I and II to 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 requirement14 .  

Part  II  shall  consist  of  the  following  travel  documents  issued  by  Member  States  of  the 
European Union: 

(a) 

travel documents issued to third country nationals,  

(b) 

(c) 

travel  documents  issued  to  refugees  under  the  United  Nations  Convention  Relating  to 
the Status of Refugees of 28 July 1951 ,  

travel  documents  issued  to  stateless  persons  under  the  United  Nations  Convention 
relating to the Status of Stateless Persons of 28 September 1954 (d) 
documents issued by the United Kingdom to British citizens who are not nationals of the 
United Kingdom of Great Britain and Northern Ireland for the purposes of Union law. 

travel 

Part III shall consist of travel documents issued by international organisations. 

As  a  general  rule,  the  listing  of  a  given  travel  document  applies  to  all  series  of  that  travel

document that are still valid.  

If a third country does not issue a particular type of travel document, this shall be indicated by

entering "not issued" in the list.  

Article 4 

Notification of recognition or non recognition of listed travel documents 

Within  one  month  after  the  communication  of  the  list  referred  to  in  Article  2(1),  Member 
States shall notify to the Commission their position on recognition or non-recognition of the 
travel documents. 

In the framework of the Committee referred to in Article 7(1), Member States shall exchange 
information on the grounds for the recognition or non-recognition of specific travel documents 
with a view to reaching a harmonised position. 

14 

OJ L 81, 21.3.2001, p. 1. 

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3. 

Member  States  shall  notify  to  the  Commission  of  all  changes  to  previously  indicated 
recognition or non recognition of a given travel document. 

Article 5 

New travel documents issued 

Member States shall notify the Commission of new travel documents referred to in points (a) 
to (c) of Article 3(3). 

Member States shall inform the Commission of new travel documents issued by third states, 
Member  States  and  international  organisations  referred  to  in  Article  3(2),  in  Article  3(3)(d) 
and Article 3(4).  

The  Commission  shall  update  the  list  in  accordance  with  the  notifications  and  information 
received  and  shall  request  Member  States  to  notify  their  position  on  recognition  or  non 
recognition in accordance with Article 4. 

The  updated  list  shall  be  drawn  up  in  accordance  with  the  procedure  referred  to  in  Article
7(2). 

Article 6 

Assessment of the technical standards of travel documents 

In order to assist the Member States in their assessment of the technical standards of the travel 
documents,  the  Commission  may  in  accordance  with  the  procedure  set  out  in  Article  7(2), 
provide for a technical analysis of such travel documents.  

The  results  of  the  technical  assessment  of  a  travel  document  shall  be  communicated  to  the 
Member States. 

Article 7 

Committee procedure 

The Commission shall be assisted by a committee (the Travel Document Committee)  

Where  reference  is  made  to  this  paragraph,  Articles  3  and 7  of  Decision  1999/468/EC  shall 
apply, having regard to the provisions of Article 8 thereof.  

4. 

5. 

6. 

4. 

1. 

2. 

1. 

2. 

Article 8 

Publication of the list 

The Commission shall make the list, including the notifications pursuant to Article 4, available to the 
Member States and the public via a constantly updated electronic publication. 

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Article 9 

Repeals 

Decisions SCH/Com-ex (98) 56 and SCH/Com-ex (99) 14 shall be repealed.  

Article 10 

Entry into force 

1. 

2. 

This  Decision  shall  enter  into  force  on  the  […]  day  following  that  of  its  publication  in  the
Official Journal of the European Union. 

All provisions of this Decision shall apply at the date of its entry into force except for Article 9
that will  apply at the date of the first publication by the Commission of the  list  referred to in
Article 8. 

Article 11 

This Decision is addressed to the Member States in accordance with the Treaties. 

Done at […], 

For the European Parliament 
The President 

For the Council 
The President 

EN 

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   EN