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 Croatia and Cyprus of certain documents as equivalent to their national visas for transit through or intended stays on their territories not exceeding 90 days in any 180-day period and repealing Decision No 895/2006/EC and Decision No 582/2008/EC of the European Parliament and the Council
Date: 2013-06-21
Institutions: European Commission
Subjects: Croatia, Cyprus, EU visa policy, Schengen Agreement, accession to the European Union, administrative formalities, border control, external border of the EU, residence permit

EUROPEAN 
COMMISSION 

Brussels, 21.6.2013  
COM(2013) 441 final 

2013/0210 (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 Croatia and Cyprus of certain documents as equivalent 
to their national visas for transit through or intended stays on their territories not 
exceeding 90 days in any 180-day period 
 and  
repealing Decision No 895/2006/EC and Decision No 582/2008/EC of the European 
Parliament and the Council  

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

On 1 July 2013 Croatia will accede to the European Union. For Croatia, as for the previous 
2004 and 2007 enlargements, the so-called "Schengen two-phase implementation process" has 
been followed in matters related to the Schengen acquis (Article 4 of the Act concerning the 
conditions  of  accession  of  the  Republic  of  Croatia  and  the  adjustments  to  the  Treaties  on 
which the European Union is founded (hereinafter: the 2012 Act of Accession)). This implies 
that  Croatia,  as  previous  accession  countries,  has  to  apply,  from  the  date  of  accession  the 
provisions of Regulation (EC) 539/20011 and thus, to subject third-country nationals listed in 
its Annex I to a visa requirement. 

Croatia,  as  the  countries  who  acceded  to  the  European  Union  in  2004  and  2007,  has  this 
obligation even if the persons concerned hold a uniform visa, a long-stay visa or a residence 
permit  issued  by  a  Schengen  Member  State,  as  indeed,  other  Schengen  provisions  will  not 
apply to Croatia from the date of its accession, such as: 

-the  Schengen  mutual  recognition  rules  laid  down  in  Articles  18  and  21  of  the  Schengen 
Implementing Convention2 and in Article 5(4)(a) of Regulation (EC) No 562/2006 (Schengen 
Borders Code)3, according to which aliens who hold valid residence permits or valid long-stay 
visas issued by one of the Schengen Member States may move freely for short stays within 
the territories of the other Member States, 

-  the  provisions  on  uniform  visas  issued  laid  down  in  Article  2(3)  of  Regulation  (EC)  No 
810/2009 (Visa Code)4, according to which uniform visas are valid for the entire territory of 
the Schengen Member States. 

In  addition,  the  national  visas  issued  by  other  EU  Member  States,  who  are  not  Schengen 
Member States yet (Cyprus), are also not valid for the territory of Croatia. 

To avoid imposing unnecessary administrative burdens on the countries who acceded to the 
European  Union  in  2004  and  2007,  by  way  of  derogation  from  Regulation  539/2001, 
Decisions  No  895/2006/EC5  and  No  582/2008/EC6  authorised  the  optional  unilateral 
recognition  by  the  new  Member  States  not  yet  fully  implementing  the  Schengen  acquis  of 
uniform  visas,  long-stay  visas  and  residence  permits  issued  by  Schengen  Member  States  as 
well  as  of  national  short-stay  visas,  long-stay  visas  and  residence  permits  issued  by  other 
Member States not yet fully implementing the Schengen acquis for the purpose of transit not 
exceeding five days. In addition, Decision No 896/2006/EC7 authorised new Member States 
to recognise residence permits issued by Switzerland and Liechtenstein who were not yet part 
of  the  Schengen  area  without  internal  borders  for  the  purpose  of  transit  not  exceeding  five 
days.  

Persons holding such documents have already passed a strict screening process by the issuing 
Schengen  State  and  are  not  considered  a  threat  to  public  policy  or  a  risk  in  terms  of  illegal 
immigration by that State. Such a regime of unilateral recognition does not affect the acceding 
countries’  obligation  to  refuse  entry  of  a  person  for  whom  an  alert  has  been  issued  in  its 

1 
2 
3 
4 
5 
6 
7 

OJ L 81, 21.3.2001, p.1. 
OJ L 239, 22.9.2000, p. 19. 
OJ L 105, 13.4.2006, p. 1. 
OJ L 243, 15.9.2009, p.1. 
OJ L 167, 20.6.2006, p. 1. 
OJ L 161, 20.6.2008, p.30. 
OJ L 167, 20.6.2006, p.8. 

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national  data  base  for  the  purposes  of  refusing  entry  in  accordance  with  Article  5(1)  of  the 
Schengen Borders Code. 

Similarly, by way of derogation from Regulation 539/2001, this proposal aims at introducing 
an optional regime based on common rules authorising Croatia on a transitional basis until its 
full application of the Schengen acquis to unilaterally recognise as equivalent to their national 
visas,  uniform  visas,  long-stay  visas  and  residence  permits  issued  by  Schengen  Member 
States, as well as similar documents issued by Member States not yet fully implementing the 
Schengen acquis (Cyprus). However this authorisation is not limited to the purpose of transit 
not exceeding five days as in Decisions 895/2006 and 582/2008, but is valid for both transit 
through or intended stays on its territory not exceeding 90 days in any 180-day period. In fact, 
at  the  time  of  the  adoption  of  the  aforementioned  Decisions  the  then  applicable  Common 
consular instructions on visas for the diplomatic missions and consular posts still foresaw the 
distinction  between  "transit  visas"  and  "short-stay"  visas.  This  distinction  was  abolished  by 
Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 
establishing a Community Code on Visas (Visa Code), so that the aforementioned limitation 
is not appropriate anymore. 

The  above-mentioned  previous  transit  decisions  adopted  at  the  occasion  of  the  last  two  EU 
enlargements dealt only with uniform Schengen visas, i.e. visa allowing to circulate within the 
Schengen  area.  The  visas  with  limited  territorial  validity  (LTVs)  were  excluded  from  the 
scope of these previous decisions. However, currently the issue of Kosovo* (as defined by the 
UN  Security  Council  Resolution  1244  of  10.06.1999.)  not  recognised  by  all  the  Schengen 
States must be addressed.  

There  is  an  essential  difference  between  visas  with  limited  territorial  validity  which  in 
principle are only valid for the territory of the issuing Member State, and such visas issued for 
the  citizens  of  Kosovo  (in  accordance  with  Article  25  (3)  first  sentence  of  the  Visa  Code) 
which allow to circulate in all Schengen Member States except those few Member States that 
do not recognise Kosovo. This specific characteristic justifies bringing these LTVs within the 
application of the regime of unilateral  recognition, also because in this case there is no real 
threat of irregular migration or security risks for the Schengen area.  

The extension of the unilateral recognition regime by a Union instrument would not impose 
any  new  obligations  on  Croatia  in  addition  to  those  listed  in  the  2012  Act  of  Accession.  It 
would  thus  not  constitute  a  derogation  from  this  Accession  Treaty.  The  proposed  regime 
would  be  implemented  on  an  optional  basis:  Croatia  would  have  the  possibility  either  to 
implement  the  proposed  regime  or  to  continue  issuing  national  visas  as  required  by  the 
Accession Treaty. Should Croatia opt for the implementation of the common regime, Croatia 
would  have  to  accept  the  documents  issued  by  any  Schengen  Member  State,  thus  avoiding 
any distinction as regards the issuing Member State. 

In this context, it should be recalled that until the date of accession, on the basis of its national 
legislation, Croatia accepts valid Schengen visas, long stay visas and residence permits issued 
by Schengen States for entry and stay or transit through its territory. 

The  current  proposal  repeals  No  895/2006/EC  and  No  582/2008/EC.  With  regard  to  those 
Member  States  to  whom  these  decisions  were  addressed  who  have  meanwhile  become 
Schengen  Member  States  these  Decisions  have  become  obsolete  (all  but  Cyprus)8.  With 
regard  to  Cyprus,  which  fully  implements  the  common  regime  established  by  Decision  No 
895/2006/EC since 10 July 2006 and that established by Decision No 582/2008/EC since 18 

8 

When  presenting  this  proposal,  the  Commission  starts  from  the  understanding  that  by  1  July  2013, 
Bulgaria and Romania will fully apply the Schengen acquis. 

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July  2008,  the  current  proposal  foresees  that  this  regime  shall  be  replaced  by  a  regime  that 
authorises Cyprus, like Croatia, to unilaterally recognise the short-stay visas, long-stay visas 
and  residence  permits  issued  by  Schengen  Member  States  as  well  as  of  national  short-term 
visas,  long-term  visas  and  resident  permits  issued  by  Member  States  not  yet  fully 
implementing  the  Schengen  acquis  (Croatia)  for  transit  through  or  intended  stays  on  their 
territories not exceeding 90 days in any 180-day period9. The current proposal foresees that 
Cyprus, like Croatia, is authorised to recognise visas and residence permits by the countries 
associated with the implementation, application and development of the Schengen acquis. 

This regime will be applicable until the end of the transitional 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 under Articles 18 and 21 of the 
Schengen Implementing Convention, Article 5(2) of the Schengen Borders Code and the Visa 
Code. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary 

The main elements of this proposal can be summarised as follows: 

- 

- 

- 

common  rules  authorising  Croatia  and  Cyprus  on  a  transitional  basis  to  unilaterally 
recognise uniform visas, long-stay visas, visas with limited territorial validity issued to 
citizens of Kosovo in accordance with Article 25 (3) first sentence of the Visa Code 
and  residence  permits  issued  by  Schengen  Member  States  as  well  as  similar 
documents issued by each other as equivalent to its national visas for transit through or 
intended stays on its territory not exceeding 90 days in any 180-day period; 

The unilateral recognition regime introduced by the current proposal must be limited 
to  documents  whose  validity  would  cover  the  whole  duration  of  the  short  stay  in 
Croatia and Cyprus. In this context and having in mind the problems faced in the past 
(Decisions  895/2006  and  582/2008)  by  third  country  nationals,  holders  of  one  entry 
uniform visa when travelling back from their stay into the Schengen area with a visa 
which  was  not  valid  anymore,  the  current  proposal  should  limit  the  unilateral 
recognition  regime  to  uniform  visas  authorising  two  or  multiple  entries  into  the 
Schengen area. 

Member States addressed by this Decision have to communicate their decision on the 
use  of  the  authorisation  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; 

- 

repeal of Decision No 895/2006/EC and Decision No 582/2008/EC. 

* This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ 
Opinion on the Kosovo Declaration of Independence" 

Legal basis 

The proposed Decision is based on Article 77(2)(a) and (b) of the Treaty on the Functioning 
of  the  European  Union,  as  it  constitutes  a  measure  concerning  the  common  policy  on  visas 
and  other  short-stay  residence  permits  as  well  as  the  checks  to  which  persons  crossing 
external  borders  are  subject.  This  instrument  will  be  adopted  under  the  ordinary  legislative 
procedure. 

9 

According  to  its  Article  5,  Decision  No  896/2006/EC  has  become  inapplicable  as  of  the  Schengen 
accession of Switzerland and Liechtenstein. 

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Insofar as the proposed decision should be addressed to Croatia, this proposal is subject to the 
entry  into  force  of  the  Treaty  between  the  Member  States  of  the  European  Union  and  the 
Republic  of  Croatia  concerning  the  Accession  of  the  Republic  of  Croatia  to  the  European 
Union10. 

Subsidiarity principle 

Article 5(3) of the Treaty on European Union states that, in areas which do not fall within its 
exclusive  competence,  the  Union  shall  act  only  if  and  in  so  far  as  the  objective  of  the 
proposed  action  cannot  be  sufficiently  achieved  by  the  Member  States,  but  can  rather,  by 
reason of the scale or effects of the proposed action, be better achieved at Union level. As the 
objective pursued by this proposal requires derogation from existing Union law it can only be 
attained through action at Union level. 

Proportionality principle 

Article 5(4) of the Treaty on European Union states that the content and form of Union action 
must not exceed what is necessary to achieve the objectives of the Treaties. The form chosen 
for  this  action  must  enable  the  proposal  to  achieve  its  objective  and  be  implemented  as 
effectively  as  possible.  As  to  the  content,  this  initiative  temporarily  authorises  the  Member 
States  concerned  to  derogate  from  their  obligations  under  Council  Regulation  (EC)  No 
539/2001  by  unilaterally  recognising  visas  and  residence  permits  issued  by  states  fully 
implementing  the  Schengen  acquis,  during  their  period  of  validity,  for  transit  through  or 
intended stays on its territory not exceeding 90 days in any 180-day period. The entry and stay 
on  the  territories  of  the  Member  States  concerned  of  persons  holding  visas  or  residence 
permits issued by states fully implementing the Schengen acquis or Croatia or Cyprus do not 
represent any risk as they have been subject to the applicable controls by the state that issued 
the  visa  or  residence  permit.  The  proposed  unilateral  derogation  from  Regulation  (EC)  No 
539/2001 is therefore justified in order to avoid imposing unnecessary administrative burdens 
on  the  Member  States  concerned.  Also,  it  applies  only  during  a  transitional  period  until  the 
date of the Member States' concerned full integration into the common area without internal 
borders, date from which the mutual recognition regime becomes compulsory. Furthermore, 
the derogation is optional, thus not imposing on the Member States concerned any obligations 
additional  to  those  laid  down  by  the  applicable  Acts  of  Accession.  The  proposal  therefore 
complies  with  the  proportionality  principle.  It  takes  the  form  of  a  Decision,  likewise  the 
similar instruments adopted for the Member States acceding to the EU in 2004 and 2007. 

5. 

CONSEQUENCES  OF  THE  VARIOUS  PROTOCOLS  ANNEXED  TO  THE 
TREATIES  AND  OF  THE  ASSOCIATION  AGREEMENTS  CONCLUDED 
WITH THIRD COUNTRIES 

The legal basis for this proposal is to be found in Title V of Part Three of the Treaty on the 
Functioning  of  the  European  Union,  with  the  result  that  the  system  of  ‘variable  geometry’, 
provided for in the Protocol on the position of Denmark, the Protocol on the position of the 
United Kingdom and Ireland in respect of the area of freedom, security and justice, and the 
Protocol  on  the  Schengen  acquis  integrated  into  the  framework  of  the  European  Union, 
annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty  on  the  Functioning  of  the 
European Union,  applies. It follows  that Denmark,  the United Kingdom  and Ireland are not 
taking  part  in  its  adoption,  bound  by  it  or  subject  to  its  application.  The  latter  also  follows 
from  the  fact  that  the  proposed  decision  is  addressed  exclusively  to  Member  States  that  are 
bound by the Schengen acquis without yet applying it. 

10 

OJ L 112, 24.4.2012, p. 10. 

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Because the proposed decision is addressed exclusively to Member States that are bound by 
the Schengen acquis without yet applying it, this proposal does not constitute a development 
of  the  provisions  of  the  Schengen  acquis  within  the  meaning  of  the  respective  association 
agreements with  Norway,  Iceland, Switzerland and Liechtenstein. It therefore does not bind 
the  aforementioned  countries.  However,  for  the  coherence  and  proper  functioning  of  the 
Schengen  system,  this  Decision  also  covers  visas  and  residence  permits  issued  by  the 
countries associated with  the implementation, application and development of the Schengen 
acquis. 

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2013/0210 (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 Croatia and Cyprus of certain documents as equivalent 
to their national visas for transit through or intended stays on their territories not 
exceeding 90 days in any 180-day period 
 and  
repealing Decision No 895/2006/EC and Decision No 582/2008/EC of the European 
Parliament and the Council  

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) (a) and (b) 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) 

Pursuant to Article 4(1) of the 2012 Act of Accession, Croatia, which acceded to the 
Union on 1 July 2013, is required from that date to subject nationals of third countries, 
which  are  listed  in  Annex  I  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 
requirement11, to a visa obligation. 

According  to  Article  4(2)  of  the  2012  Act  of  Accession,  the  provisions  of  the 
Schengen acquis on the conditions and criteria for issuing uniform visas, as well as the 
provisions  on  mutual  recognition  of  visas  and  on  the  equivalence  between  residence 
permits/long  stay  visas  and  short  stay  visas,  apply  in  Croatia  only  pursuant  to  a 
Council decision to that effect. However, they are binding on that Member State from 
the date of accession. 

Croatia  is  therefore  required  to  issue  national  visas  for  entry  into  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 Schengen acquis as 
well as similar documents issued by Cyprus. 

The holders of documents issued by those Member States as well as documents issued 
by  Cyprus  do  not  represent  any  risk  for  Croatia  as  they  have  been  subjected  to  all 
necessary  controls  by  those  States.  In  order  to  avoid  imposing  unjustified  additional 
administrative  burdens  on  Croatia,  common  rules  should  be  adopted  authorising 
Croatia to recognise unilaterally certain documents issued by those Member States as 

11 

OJ L 81, 21.3.2001, p. 1. 

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(5) 

(6) 

(7) 

(8) 

(9) 

equivalent to its national visas and to establish a simplified regime for the control of 
persons at the external borders based on that unilateral equivalence. 

The  common  rules  introduced  by  Decision  No  895/2006/EC  and  by  Decision  No 
582/2008/EC  should  be  repealed  .  With  regard  to  Cyprus,  which  implements  the 
common regime established by Decision No 895/2006/EC since 10 July 2006 and that 
established by Decision No 582/2008/EC since 18 July 2008, common rules should be 
adopted authorising Cyprus, like Croatia, to recognise  unilaterally certain documents 
issued  by  Member  States  fully  implementing  the  Schengen acquis  as  well  as  similar 
documents  issued  by  Croatia,  as  equivalent  to  its  national  visas  and  to  establish  a 
simplified  regime  for  the  control  of  persons  at  the  external  borders  based  on  that 
unilateral equivalence. 

The  simplified  regime  laid  down  in  this  Decision  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  in  respect  of  Cyprus  and 
the  first  subparagraph  of  Article  4(2)  of  the  2012  Act  of  Accession  in  respect  of 
Croatia. 

Participation  in  the  simplified  regime  should  be  optional,  without  imposing  on  the 
Member States obligations additional to those laid down by the 2003 Act of Accession 
and the 2012 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, 
visas  with  limited  territorial  validity  issued  in  accordance  with  Article  25  (3)  first 
sentence  of  the  Visa  Code  and  by  the  countries  associated  with  the  implementation, 
application  and  development  of  the  Schengen  acquis  as  well  as  to  short-term  visas, 
long-term visas and residence permits issued by Croatia and Cyprus. The recognition 
of a document should be limited to the period of validity of the document.  

The entry conditions laid down in Article 5(1) 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)12 have to be fulfilled, with the exception of the condition laid down in 
Article  5(1)(b)  thereof,  insofar  as  this  Decision  sets  up  a  regime  of  unilateral 
recognition  by  Croatia  and  Cyprus  of  certain  documents  issued  by  Member  States 
fully  implementing  the  Schengen  acquis  as  well  as  similar  documents  issued  by 
Croatia  and  Cyprus  for  transit  through  or  intended  stays  on  their  territories  not 
exceeding 90 days in any 180-day period. 

(10)  Since the objective of this Decision, namely the introduction of a regime of unilateral 
recognition by Croatia and Cyprus of certain documents issued by other States, cannot 
be  sufficiently  achieved  by  Member  States  and  can,  therefore  be  better  achieved  at 
Union  level,  the  Union  may  adopt  measures,  in  accordance  with  the  principle  of 
subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on  European  Union.  In  accordance 
with the principle of proportionality, as also set out in that Article, this Decision does 
not go beyond what is necessary in order to achieve that objective. 

(11)  As regards Iceland and Norway, this Decision does not constitute a development of the 
Schengen  acquis  within  the  meaning  of  the  Agreement  concluded  by  the  Council  of 
the  European  Union  and  by  the  Republic  of  Iceland  and  the  Kingdom  of  Norway 
implementation,  application  and 
concerning 

latters’  association  with 

the 

the 

12 

OJ L 105, 13.4.2006, p. 1. 

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development of the Schengen acquis,13 as it is addressed only to Croatia and Cyprus, 
which are not yet fully implementing the Schengen acquis.  

(12)  As  regards  Switzerland,  this  Decision  does  not  constitute  a  development  of  the 
provisions of the Schengen acquis within the meaning of 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,14 as it is addressed only to Croatia and Cyprus, which are not yet 
fully implementing the Schengen acquis. 

(13)  As  regards  Liechtenstein,  this  Decision  does  not  constitute  a  development  of  the 
Schengen acquis within the meaning of the Protocol 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,15 as it is addressed only to Croatia and Cyprus, which are not yet 
fully implementing the Schengen acquis. 

(14)  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, Liechtenstein, Norway and 
Switzerland. 

(15) 

In  accordance  with  Articles  1  and  2  of  Protocol  No  22  on  the  position  of  Denmark, 
annexed to the Treaty on European Union and to the Treaty on the Functioning of the 
European Union, Denmark is not taking part in the adoption of this Decision. 

(16)  This Decision constitutes a development of the 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 
acqui;s16 the United Kingdom is therefore not taking part in its adoption. 

(17)  This Decision constitutes a development of the 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 acquis17 ;Ireland is therefore not taking part in its adoption, 

HAVE ADOPTED THIS DECISION: 

Article 1 

This Decision introduces a simplified regime for the control of persons at the external borders 
whereby Croatia and Cyprus may recognise unilaterally as equivalent to their national visas 
for transit through or intended stays on their territory not exceeding 90 days in any 180-day 
period the documents referred to in Article 2(1) and those referred to in Article 3 issued by 
Member  States  and  countries  associated  with 
implementation,  application  and 
development  of  the  Schengen  acquis  and  fully  implementing  the  Schengen  acquis  and  by 

the 

13 
14 
15 
16 
17 

OJ L 176, 10.7.1999, p. 36. 
OJ L 53, 27.2.2008, p. 1. 
OJ L 83, 26.3.2008, p. 5. 
OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 

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Cyprus  and  Croatia  to  third  country  nationals  subject  to  a  visa  obligation  pursuant  to 
Regulation (EC) No 539/2001.  

The implementation of this Decision shall not affect the checks to be carried out on persons at 
the external borders in accordance with Articles 5 to 13 and Articles 18 to 19 of Regulation 
(EC) No 562/2006. 

Article 2 

1. Croatia and Cyprus may consider as equivalent to their national visas, for transit through or 
intended stays on their territory not exceeding 90 days in any 180-day period, the following 
documents  issued  by  the  Member  States  and  associated  countries  fully  implementing  the 
Schengen acquis, irrespective of the nationality of the holders: 

(i) a ‘uniform visa’ as defined in Article 2 (3) of Regulation (EC) No 810/2009, valid for 2 or 
multiple entries; 

(ii)  a  ‘long-stay  visa’  as  referred  to  in  Article  18  of  the  Convention  implementing  the 
Schengen Agreement; 

(iii) a ‘residence permit’ as defined in Article 2(15) of Regulation (EC) 562/2006. 

2.  Croatia  and  Cyprus  may  also  consider  as  equivalent  to  their  national  visas,  for  transit 
through or intended stays on their territory not exceeding 90 days in any 180-day period visas 
with limited territorial validity issued in accordance with Article 25 (3) first sentence of the 
Visa Code. 

3.  If  Croatia  or  Cyprus  decides  to  apply  this  Decision,  it  shall  recognise  all  the  documents 
referred to in paragraphs 1 and 2, regardless of which State issued the document. 

Article 3 

1. 

If  Croatia  or  Cyprus  decides  to  apply  Article  2,  they  may,  in  addition,  recognise  as 
equivalent to their national visas for transit through or intended stays on their territory 
not exceeding 90 days in any 180-day period: 

(i) national short-stay visas and national long-stay visas issued by Cyprus or Croatia in 
the uniform format laid down by Council Regulation (EC) No 1683/9518; 

(ii) residence permits issued by Cyprus or Croatia according to the uniform format laid 
down by Council Regulation (EC) No 1030/200219. 

2. 

Documents issued by Croatia which may be recognised are listed in Annex I. 

Documents issued by Cyprus which may be recognised are listed in Annex II. 

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

Article 4 

Croatia  and  Cyprus  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 

Article 5 

18 
19 

OJ L 164, 14.7.1995, p. 1. 
OJ L 157 15.6.2002, p. 1. 

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information communicated by those Member States in the Official Journal of the European 
Union. 

Decision  No  895/2006/EC  of  the  European  Parliament  and  of  the  Council  and  Decision  No 
582/2008/EC of the European Parliament and of the Council are repealed.  

Article 6 

Article 7 
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  determined  by  a  Council  decision  adopted  pursuant  to  the  first 
subparagraph  of  Article  3(2)  of  the  2003  Act  of  Accession  in  respect  of  Cyprus,  and  to  the 
first subparagraph of Article 4(2) of the 2012 Act of Accession in respect of Croatia, on which 
all  the  provisions  of  the  Schengen  acquis  in  the  field  of  the  common  visa  policy  and  the 
movement of third country nationals legally residing within the territory of the Member States 
shall apply to the Member State concerned. 

This Decision is addressed to Croatia and Cyprus. 

Done at Brussels,  

Article 8 

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 
List of documents issued by CROATIA 

V i s a s 

– 

Kratkotrajna viza (C) - Short-stay visa (C)  

R e s i d e n c e p e r m i t s 

– 

– 

Odobrenje boravka – Approval of Stay 

Osobna iskaznica za stranca – Identity Card for Foreign Nationals 

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ANNEX II 
List of documents issued by CYPRUS 

Θ ε ω ρ ή σ ε ι ς ( V i s a s ) 

— Θεώρηση διέλευσης — Κατηγορία Β (transit visa — type B) 

— Θεώρηση για παραμονή βραχείας διάρκειας — Κατηγορία Γ (short-stay visa — type C) 

— Ομαδική θεώρηση — Κατηγορίες Β και Γ (group visa — type B and C) 

Ά δ ε ι ε ς π α ρ α μ ο ν ή ς ( R e s i d e n c e p e r m i t s ) 

—  Προσωρινή  άδεια  παραμονής  (απασχόληση,  επισκέπτης,  φοιτητής)  Temporary  residence 
permit (employment, visitor, student) 

— Άδεια εισόδου (απασχόληση, φοιτητής) Entry permit (employment, student) 

— Άδεια μετανάστευσης (μόνιμη άδεια) Immigration permit (permanent permit) 

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