Proposal for a COUNCIL IMPLEMENTING DECISION on the suspension of certain provisions of Regulation (EC) 810/2009 of the European Parliament and of the Council with respect to The Gambia
Date: 2021-07-15
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Schengen Agreement, The Gambia, administrative cooperation, admission of aliens, application of EU law, external border of the EU, foreign national, illegal migration, return migration

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   EUROPEAN COMMISSION  Brussels, 15.7.2021  COM(2021) 413 final 2021/0233 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION on the suspension of certain provisions of Regulation (EC) 810/2009 of the European Parliament and of the Council with respect to The Gambia  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
Under Article 25a(2) of the Visa Code1, the Commission shall regularly assess third countries' 
cooperation on readmission and report to the Council at least once a year.  

Under Article 25a(3) of the Visa Code, a Member State may also notify the Commission that 
it  is  confronted  with  substantial  and  persisting  practical  problems  in  the  cooperation  on 
readmission with a third country. In this context, it should be noted that readmission of own 
nationals is an obligation under international law. 

On  10  February  2021,  the  Commission  adopted  its  assessment,  based  on  2019  data  and 
information  provided  by  EU  Member  States  and  Schengen  Associated  Countries,  and 
transmitted the report2 to the Council. 

Following  a  notification  by  Germany,  the  Commission  completed  its  examination  and 
informed  the  European  Parliament  and  the  Council  of  the  results  on  7  May  2021  that  it 
assessed  Germany  is  confronted  with  substantial  and  persisting  practical  problems  in 
cooperation  with  The  Gambia  in  the  readmission  of  irregular  migrants,  in  line  with  the 
procedure set out in Article 25a(4) of the Visa Code. 

Based  on  the  above  analysis,  and  taking  into  account  the  Union’s  overall  relations  with  the 
third country concerned, the Commission may conclude that the given third country does not 
cooperate sufficiently and that action is therefore necessary. If this is so, the Commission, in 
accordance  with  Article  25a(5),  point  (a),  of  the  Visa  Code,  shall  submit  proposal  for  a 
Council  implementing  decision  suspending  the  application  of  certain  provisions  of  the  Visa 
Code in respect of nationals of that third country. At all times, the Commission shall continue 
its efforts to improve cooperation with the third country concerned.   

 

The case of The Gambia 

The  Commission  noted  in  the  above-mentioned  report  that  at  the  end  of  February  2019  the 
Gambian  authorities  unilaterally  decided  to  impose  a  moratorium  on  all  forced  return 
operations  and  this  prevented  effective  returns  throughout  most  of  2019  (by  charter  and 
commercial  flights).  In  addition,  Member  States  were  also  confronted  with  uneven 
cooperation  hampering  all  phases  of  the  return  process,  including  when  applying  the  Good 
Practices  on  identification  and  return  procedure  that  have  been  in  place  with  The  Gambia 
since 2018. The EU readmission arrangement and the equivalent bilateral arrangements that 
three Member States have are rarely respected. For two-thirds of the Member States that have 
issued  almost  half  of  the  return  decisions,  identification  processes  (including  through 
interviews) are not conducted satisfactorily and travel documents are not issued timely.  

Developments  after  2019  further  corroborate  this  assessment,  in  particular  by  the  recurring 
obstacles  imposed  by  The  Gambia  on  the  organisation  and  implementation  of  return 
operations  when  the  moratorium  was  officially  lifted  in  January  2020,  and  despite  the 
agreement in February 2020 on the modalities for return flights. Those setbacks were attested 

1 

2 

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), OJ L 243, 15.9.2009, p. 1. 
COM(2021) 55 final (EU Restricted). 

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by the latest Gambian communication (on 6 April 2021), arguing that the country was not in a 
position  to  receive  returnees  until  further  notice.  The  Commission’s  examination  of 
Germany’s notification also confirmed that this Member State faces substantial and persisting 
practical problems in the cooperation with The Gambia. 

Over  the  last  two  years  the  EU  and  the  Member  States  have  continuously  and  proactively 
engaged  with  The  Gambia  to  establish  a  more  predictable  and  reliable  cooperation  on 
readmission. In particular, the Commission and Member States have since 2019 engaged with 
the  Gambian  authorities  to  move  towards  a  resumption  of  return  flights  and  improving 
cooperation  on  readmission,  taking  account  both  of  the  Gambian  capacity  concerns  and  of 
Member States’ needs to return Gambian nationals illegally staying in the EU. 

The  EU  has  consistently  reaffirmed  its  will  to  find  mutually  agreeable  solutions  and  to 
continue  supporting  The  Gambia  in  the  field  of  migration,  including  on  return  and 
readmission  by  various  means  :  through  training  and  projects  covering  handover  procedure 
for immigration and police staff; capacity building of the Gambian administration regarding 
readmission  procedures;  strengthening  of  communication  on  migration  management  and 
returns; support of EU and Gambian authorities on the coordination of return operations from 
the  EU;  deployment  of  an  EU  Return  Liaison  Officer  (EURLO);  reinforcement  of  the 
operational capacities of the Gambia Police Force’ and other law enforcement agencies in the 
fight  against  migrant  smuggling  and  trafficking  in  human  beings  (Common  Operational 
Partnership). 

On numerous occasions, the EU side has  also  emphasised the increasing dissatisfaction and 
the  possible  consequences  of  failing  to  improve  the  situation,  in  line  with  the  modalities 
agreed  between  the  EU  and  The  Gambia.  The  Commission  and  the  Member  States  have 
carried out several joint or separate visits to The Gambia and conducted targeted discussions 
at  both  technical  and  political  level.  Verbal  Notes  were  regularly  exchanged.  Finally,  high 
level exchanges between the Commission services and the Head of Mission of the Gambia to 
the EU and dedicated meetings between the EU Delegation and relevant Gambian authorities 
in Banjul have taken place – the latest of which on 14 April 2021 in Brussels and on 22 April 
2021  in  Banjul.  As  a  follow-up  to  these  meetings  and  in  response  to  the  Gambian  Note 
Verbale  (received  6  April),  the  EEAS  formally  informed  the  Gambian  authorities  by  Note 
Verbale (11 June 2021) of the implications of the revised Visa Code.  

The Gambia’s replies  and reassurances have so far not  led to  sustained changes or concrete 
improvements  in  the  cooperation  on  the  basis  of  the  indicators  set  out  in  Article  25a(2), 
including  in  the  timely  identification  of  persons  illegally  staying  on  the  territory  of  the 
Member States, the issuance of travel documents and the organisation of return operations. In 
its exchanges with a Member State, in June, the Mission of the Gambia to the EU confirmed 
the  existence  of  “a  moratorium  on  forced  return  or  repatriation  until  after  the  elections  in 
December”. 

On that basis, considering the steps taken  so far by the Commission to improve the level of 
cooperation, and taking into account the EU’s overall relations with the Gambia (see below), 
it  is  considered  that  The  Gambia’s  cooperation  with  the  EU  on  readmission  matters  is  not 
sufficient and that action is needed. 

 

The Union’s overall relations with The Gambia 

The  EU’s  overall  relations  with  The  Gambia  are  guided  by  the  objective  of  supporting  a 
peaceful  transition  to  a  democratic,  pluralist  and  inclusive  political  system.  Since  2016,  the 

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EU  has  focused  on  supporting  democratic  governance,  regional  stability  and  security,  and 
economic recovery and development. The EU will continue in the future on promoting good 
governance,  human  development,  and  the  green  economy  for  sustainable  growth  and  job 
creation. 

The  Cotonou  Agreement  and  the  National  Indicative  Programme  2017-2020  guide  the 
partnership  with  The  Gambia.  Since  2017  the  EU  and  its  Member  States  are  the  country’s 
main  donor.  The  EU  is  the  second  trading  partner.  The  cooperation  on  migration  is 
comprehensive,  focusing  in  particular  on  the  creation  of  job  opportunities,  protection, 
reintegration  of  returnees,  border  management,  fight  against  smuggling  of  migrants  and 
trafficking in human beings.   

 

The visa measures 

Scope of measures 

The  Council  implementing  decision  should  temporarily  suspend  the  application  of  certain 
provisions of the Visa Code in respect of Gambian nationals. The suspension, however, does 
not apply to family members of (mobile) EU citizens covered by the Directive 2004/38/EC3 
and of third country nationals enjoying a right of free movement equivalent to that of Union 
citizens under an agreement between the Union and its Member States on the one hand and 
the third countries concerned on the other.  

Content of the visa measures   

The Gambia’s failure to cooperate on readmission justifies the activation of all the  measures 
set out in point(a) of Article 25a(5) of the Visa Code: suspension of the possibility of waiving 
requirements  with  regard  to  the  documentary  evidence  to  be  submitted  by  visa  applicants 
referred  to  in  Article  14(6),  suspension  of  the  general  15  calendar  days  processing  period 
referred to in Article 23(1) (which as a consequence also excludes the application of the rule  
on the extension of this period up to a maximum of 45 days in individual cases), suspension 
of the issuing of multiple entry visas (MEVs) in accordance with Article 24(2) and (2c) and, 
suspension of the optional visa fee waiver for holders of diplomatic and service passports in 
accordance with point (b) of Article 16(5).  

Period of application of the visa measures 

The  Visa  Code  stipulates  that  the  visa  measures  shall  apply  temporarily  but  there  is  no 
obligation to indicate a specific period of application of those measures in the implementing 
decision. However, under Article 25a(6)  the Commission  shall continuously  assess progress 
in readmission cooperation on the basis of the indicators set out in Article 25a(2), including in 
the timely identification of persons illegally staying on the territory of the Member States, the 
issuance of travel documents and the organisation of return operations. The Commission shall 
report  whether  substantial  and  sustained  improvement  in  the  cooperation  with  the  third 
country concerned on readmission can be established and, taking also account of the Union's 
overall  relations  with  that  third  country,  may  submit  a  proposal  to  the  Council  to  repeal  or 
amend  the  implementing  decision.  If  by  contrast,  the  visa  measures  in  accordance  with  the 
implementing decision  have proven ineffective, it should be considered to trigger the second 
stage of the mechanism (provided for by Article 25a(5), point (b)). 

3 

Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of 
citizens  of  the  Union  and  their  family  members  to  move  and  reside  freely  within  the  territory  of  the 
Member  States  amending  Regulation  (EEC)  No  1612/68  and  repealing  Directives  64/221/EEC, 
68/360/EEC,  72/194/EEC,  73/148/EEC,  75/34/EEC,  75/35/EEC,  90/364/EEC,  90/365/EEC  and 
93/96/EEC (OJ L 158, 30.4.2004, p. 77). 

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In addition, pursuant to Article 25a(7), the Commission shall  - at the latest six months after 
the entry into force of the implementing decision - report to the European Parliament and to 
the Council on the progress achieved in the given third country’s cooperation on readmission. 

• 

Consistency with existing policy provisions in the policy area 

The  proposed  decision  is  consistent  with  the  set  of  harmonised  rules  of  the  common  visa 
policy  governing  the  procedures  and  conditions  for  issuing  visas  for  intended  stays  on  the 
territory of the Member States not exceeding 90 days in any 180-day  period. 

• 

Consistency with other Union policies 

The EU promotes a comprehensive approach on migration and forced displacement, based on 
shared  values  and  responsibilities.  The  New  Pact  on  Migration  and  Asylum  foresees 
developing and deepening tailor-made comprehensive and balanced partnerships to foster co-
operation on all relevant aspects:  

– 

– 

– 

– 

– 

– 

2. 

• 

Providing protection to those in need of protection and support to host countries and 
communities; 

Building economic opportunity and addressing the root causes of irregular migration 
and forced displacement;  

Supporting partners to strengthen migration governance and management;  

Fostering co-operation on return and readmission;  

Developing legal pathways to Europe. 

The  cooperation  between  Member  States  and  third  countries  on  the  readmission  of 
illegally  staying  third  country  nationals  is  an  important  element  of  this  policy.  To 
reinforce  such  comprehensive  partnerships  and  ensure  full  cooperation  from  third 
countries,  the  EU  needs  to  mobilise  all  available  tools,  including  development  co-
operation, trade or visa. 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

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), Article 25a(5), point (a).  

• 

n.a. 

• 

Subsidiarity (for non-exclusive competence)  

Proportionality 

The  proposed  measures  the  purpose  of  which  is  to  stimulate  The  Gambia  to  improve  its 
cooperation on the readmission of illegally staying third country nationals are proportionate to 
the objective pursued. These  measures do not affect the possibility for the applicant to apply 
for  and  be  granted  visas,  as  such,  but  cover  certain  aspects  of  the  procedure  for  issuing  the 
visa or the level of the visa fee.  

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RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Stakeholder consultations 

Collection and use of expertise 

Impact assessment 

Regulatory fitness and simplification 

3. 

• 

n.a. 

• 

n.a. 

• 

n.a. 

• 

n.a. 

• 

n.a. 

• 

Fundamental rights 

The  proposed  measures  do  not  affect  the  possibility  to  apply  for  and  be  granted  visas  and 
respect the fundamental rights of applicants, in particular the respect for family life.    

BUDGETARY IMPLICATIONS 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Explanatory documents (for directives) 

Detailed explanation of the specific provisions of the proposal 

4. 

n.a. 

5. 

• 

n.a. 

• 

n.a. 

• 

n.a. 

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2021/0233 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

on the suspension of certain provisions of Regulation (EC) 810/2009 of the European 
Parliament and of the Council with respect to The Gambia 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having  regard  to  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)4,  and  in 
particular Article 25a(5), point (a), thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

At  the  end  of  February  2019,  Gambian  authorities  unilaterally  decided  to  impose  a 
moratorium on all forced return operations, which prevented effective returns for most 
of 2019. After the lifting of the moratorium in January 2020, Member States have been 
confronted  with  recurring  obstacles  imposed  by  The  Gambia  to  the  organisation  and 
implementation of return operations and fluctuating cooperation hampering all phases 
of the return process, including when applying the existing Good Practices and further 
operational  arrangements agreed between the Union and The Gambia. Such setbacks 
are  also  attested by the latest  Gambian  communication on 6 April 2021,  announcing 
that  the  country  was  not  in  a  position  to  receive  returnees  until  further  notice.  Since 
then,  Gambian  authorities  confirmed,  in  June,  the  existence  of  “a  moratorium  on 
forced return or repatriation until after the elections in December”. 

Since  2019  the  Commission  has  taken  steps  to  improve  The  Gambia’s  level  of 
cooperation in the readmission of illegally staying third country nationals. Those steps 
consisted of  several  meetings  to  find  mutually agreeable solutions  with the Gambian 
authorities at both technical and political level and to agree on further support projects 
to  the  benefit  of  The  Gambia.  In  parallel,  high-level  exchanges  between  the 
Commission  and  the  Gambian  counterparts  have  taken  place.  The  issues  were  also 
raised as a part of other meeting organised by the EEAS.  

Taking into account the steps taken so far by the Commission to improve the level of 
cooperation  and the Union’s overall  relations with  The Gambia, it is  considered that 
The Gambia’s cooperation with the Union on readmission matters is not sufficient and 
that action is therefore needed. 

The  application  of  certain  provisions  of  Regulation  (EC)  No  810/2009  should 
therefore be temporarily suspended for nationals of The Gambia who are subject to the 
visa requirement pursuant to Regulation (EU) 2018/1806 of the European Parliament 

4 

OJ L 243, 15.9.2009, p. 1. 

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and  of  the  Council.5  This  is  considered  the  most  efficient  action  to  take  in  view  of 
stimulating  the  Gambian  authorities  to  undertake  the  necessary  actions  to  improve 
cooperation  on  readmission  matters.  The  temporary  suspension  does  not  apply  to 
nationals of The Gambia applying for a visa and who are family members of a Union 
citizen  to  whom  Directive  2004/38/EC  applies  or  of  a  national  of  a  third  country 
enjoying  a  right  of  free  movement  equivalent  to  that  of  Union  citizens  under  an 
agreement  between  the  Union  and  its  Member  States  on  the  one  hand  and  a  third 
country on the other.  

The  measures  temporarily  suspended  are  set  out  in  point(a)  of  Article  25a(5)  of  the 
Visa  Code:  suspension  of  the  possibility  of  waiving  requirements  with  regard  to  the 
documentary evidence to be submitted by visa applicants referred to in Article 14(6), 
suspension  of  the  general  15  calendar  days  processing  period  referred  to  in  Article 
23(1)  (which  as  a  consequence  also  excludes  the  application  of  the  rule    on  the 
extension of this period up to a maximum of 45 days in individual cases), suspension 
of  the  issuing  of  multiple  entry  visas  (MEVs)  in  accordance  with  Article  24(2)  and 
(2c)  and,  suspension  of  the  optional  visa  fee  waiver  for  holders  of  diplomatic  and 
service passports in accordance with point (b) of Article 16(5). 

Article  21(1)  of  the  Treaty  on  the  Functioning  of  the  European  Union  provides  that 
every citizen of the Union has the right to move and reside freely within the territory 
of  the  Member  States,  subject  to  the  limitations  and  conditions  laid  down  in  the 
Treaties and by the measures adopted to give them effect. Directive 2004/38/EC of the 
European  Parliament  and  of  the  Council6  gives  effect  to  those  limitations  and 
conditions.  This  Decision  does  not  affect  the  application  of  that  Directive,  which 
extends the right of free movement to family members independent of their nationality 
when joining or accompanying the Union citizen. This Decision thus does not apply to 
family  members  of  a  Union  citizen  to  whom  Directive  2004/38/EC  applies  or  of  a 
national  of  a  third  country  enjoying  a  right  of  free  movement  equivalent  to  that  of 
Union citizens under an agreement between the Union and its Member States on the 
one hand and a third country on the other.  

Given that Denmark decided to implement Regulation (EC) No 810/2009 which builds 
on the Schengen acquis in its national law, in accordance with Article 5 of the Protocol 
on  the  position  of  Denmark  annexed  to  the  Treaty  on  European  Union  and  to  the 
Treaty establishing the European Community and Article 4 of Protocol (No 22) on the 
position of Denmark, annexed to the Treaty on the European Union and to the Treaty 
on the Functioning of the European Union, Denmark is bound under international law 
to implement this Decision. 

(5) 

(6) 

(7) 

(8) 

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/EC7; 

5 

6 

7 

Regulation  (EU)  2018/1806  of  the  European  Parliament  and  of  the  Council  of  14  November  2018 
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  (codification)  (OJ  L  303, 
28.11.2018, p. 39). 
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of 
citizens  of  the  Union  and  their  family  members  to  move  and  reside  freely  within  the  territory  of  the 
Member  States  amending  Regulation  (EEC)  No  1612/68  and  repealing  Directives  64/221/EEC, 
68/360/EEC,  72/194/EEC,  73/148/EEC,  75/34/EEC,  75/35/EEC,  90/364/EEC,  90/365/EEC  and 
93/96/EEC (OJ L 158, 30.4.2004, p. 77). 
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 (OJ L 64, 7.3.2002, p. 20). 

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Ireland is therefore not taking part in the adoption of this Decision and is not bound by 
it or subject to its application. 

(9) 

As regards Iceland and Norway, this Decision constitutes a development of 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 acquis which fall within the area referred to in Article 1, 
point B of Council Decision 1999/437/EC8. 

(10)  As regards Switzerland,  this Decision constitutes 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  acquis9  which  fall  within  the  area  referred  to  in  Article 1,  point  B  of 
Decision 1999/437/EC read in conjunction with Article 3 of Decision 2008/146/EC10. 

(11)  As regards Liechtenstein, this Decision constitutes a development of the provisions of 
the Schengen acquis within the meaning of the Protocol between the European Union, 
the  European  Community, 
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  acquis11  which  fall  within  the  area  referred  to  in 
Article 1,  point  B  of  Decision  1999/437/EC  read  in  conjunction  with  Article 3  of 
Decision 2011/350/EU12. 

the  Swiss  Confederation  and 

(12)  This Decision constitutes an act building upon, or otherwise relating to, the Schengen 
acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, 
Article  4(2)  of  the  2005  Act  of  Accession  and  Article  4(2)  of  the  2011  Act  of 
Accession.  

8 

9 
10 

11 
12 

Council  Decision  1999/437/EC  of  17 May  1999  on  certain  arrangements  for  the  application  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, 
application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31). 
OJ L 53, 27.2.2008, p. 52. 
Council  Decision  2008/146/EC  of  28 January  2008  on  the  conclusion,  on  behalf  of  the  European 
Community, 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 (OJ L 53, 27.2.2008, p. 1). 
OJ L 160, 18.6.2011, p. 21. 
Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 
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,  relating  to  the  abolition  of  checks  at  internal  borders  and  movement  of  persons  (OJ  L  160, 
18.6.2011, p. 19). 

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HAS ADOPTED THIS DECISION:  

Article 1 
Scope 

1. 

2. 

3. 

This  Decision  shall  apply  to  nationals  of  The  Gambia  who  are  subject  to  the  visa 
requirement pursuant to Regulation (EU) 2018/1806 of the European Parliament and 
of the Council.13  

It  does  not  apply  to  nationals  of  The  Gambia  who  are  exempt  from  the  visa 
requirement under Article 4 or Article 6 of that Regulation. 

This Decision does not apply to nationals of The Gambia applying for a visa and who 
are family members of a Union citizen to whom Directive 2004/38/EC applies or of a 
national  of  a  third  country  enjoying  a  right  of  free  movement  equivalent  to  that  of 
Union citizens under an agreement between the Union and its Member States on the 
one hand and a third country on the other. 

Article 2  
Temporary suspension of the application of certain provisions of Regulation (EC) No 
810/2009 

The  application  of  the  following  provisions  of  Regulation  (EC)  No  810/2009  shall  be 
temporarily suspended:    

(a) 

(b) 

(c) 

(d) 

Article 14(6); 

Article 16(5), point (b); 

Article 23(1);  

Article 24(2) and (2c). 

13 

Regulation  (EU)  2018/1806  of  the  European  Parliament  and  of  the  Council  of  14  November  2018 
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  (codification)  (OJ  L  303, 
28.11.2018, p. 39). 

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Article 3 

Addressees 

This Decision is addressed to the Kingdom of Belgium, the Republic of Bulgaria, the Czech 
Republic, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, 
the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the 
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of 
Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic 
of  Austria,  the  Republic  of  Poland,  the  Portuguese  Republic,  Romania,  the  Republic  of 
Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden.  

Done at Brussels, 

For the Council 
The President 

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