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 Bangladesh
Date: 2021-07-15
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Bangladesh, EU visa policy, Schengen Agreement, 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) 412 final 2021/0232 (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 Bangladesh  
 
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.  

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

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. In this context, it should be noted 
that readmission of own nationals is an obligation under international law. 

In case of insufficient cooperation, 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 Bangladesh 

Bangladesh  is  an  important  stability  provider  in  the  region  hosting  1  million 
Rohingya  refugees.  The  EU  strongly  commends  Bangladesh  for  this  commitment 
and will continue to support Bangladesh to address this ongoing humanitarian crisis.  

On 20 September 2017 a readmission business routine was established between the EU and 
Bangladesh in the form of Standard Operating Procedures for the Identification and Return of 
Persons  without  an  Authorisation  to  Stay  (SOPs).  However,  the  Commission  noted  in  the 
above-mentioned report that two-thirds of the Member States that interacted with Bangladesh 
on  readmission  were  confronted  with  practices  deviating  from  the  provisions  in  the  SOPs, 
hampering all phases of the return process. Half of the Member States concerned experience 
that the identification processes, including through interviews  and the issuance of the travel 
documents,  are  delayed,  discontinued  or  not  performed.  Seven  Member  States  assessed  the 
cooperation in the identification procedure as poor or very poor. Seven Member States noted 
that  the  Bangladeshi  authorities  mostly  request  interviews  even  in  cases  where  sufficient 
evidence  to  establish  nationality  has  been  provided  (e.g.  valid  or  expired  travel  documents) 
which  effectively  delays  the  issuance  of  travel  documents.  The  same  seven  Member  States 
experienced  that  the  travel  documents  are  rarely  issued  in  a  timely  manner.  Two  Member 
States have not received any travel document at all despite requests for it. 

This  assessment  is  further  corroborated  by  developments  after  2019  when,  despite  repeated 
contacts with the Bangladeshi authorities, the cooperation did not improve. Despite the launch 
in  November  2020  of  the  electronic  platform  designed  to  support  the  readmission  process 
between EU Member States and Bangladesh (Returnee Case Management System - RCMS), 

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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the  Bangladeshi  response  to  readmission  requests  and  issuing  travel  documents  within  the 
agreed timeframe remain unsatisfactory. 

The  Commission  has  taken  steps  to  improve  readmission  cooperation  in  2020,  including  in 
meetings  with  the  Bangladeshi  Embassy  in  Brussels  in  October  2020,  to  stress  the  need  to 
improve the response time and address the significant backlog of pending cases, and in May 
2021,  to  present  the  mechanism  of  Article  25a  of  the  Visa  Code,  describe  the  possible 
consequences in case of insufficient cooperation and present the expected actions to be taken 
to  improve  cooperation  on  readmission.  The  last  Joint  Working  Group  (JWG)  established 
under the above-mentioned SOPs took place on 21 June 2021, during which the same issues 
were raised.  

The  EU  has  repeatedly  emphasised  to  the  Bangladeshi  authorities  the  increasing  level  of 
dissatisfaction  among  Member  States,  the  possible  consequences  of  failing  to  improve  the 
situation  and  the  specific  aspects  of  cooperation  that  needed  improvement  and  expected 
results.  

During  the  last  meeting  of  the  Joint  Working  Group  of  21  June  2021,  the  Bangladeshi 
authorities reconfirmed their commitment to the Standard Operating Procedures and assured 
to prioritise the backlog of cases (including those submitted in the RCMS) and to improve the 
timing  of  identification  and  the  delivery  of  travel  documents  and  cooperate  on  return 
operations.  

 

Bangladesh  has  recently  confirmed  its  commitment  to  implement  the  Standard 
Operating  Procedures  (SOPs)  on  the  returns  of  irregular  migrants.  The  5th Joint 
Working Group on SOPs on 21 June 2021 recognised that Bangladesh has started to 
make progress in addressing the backlog of readmission cases. The Commission will 
monitor this progress to assess whether it is substantial and sustained.  

The Bangladeshi commitments have concretely translated, over the months of May and June 
2021 into an identification mission to one Member State3 and the processing of a noticeable 
number of backlog cases in the RCMS, some of which were finalised with issuance of travel 
documents4.  These  steps  have  not  yet  been  consolidated  in  concrete  substantial  results  and 
sustained cooperation  according to  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.  

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 Bangladesh (see below), 
it is considered that Bangladesh’s cooperation with the EU on readmission matters is not yet 
sufficient and that action is therefore needed. 

 

The Union’s overall relations with Bangladesh  

The  Union’s  relations  with  Bangladesh  are  guided  by  the  EU-Bangladesh  Co-operation 
Agreement  that  was  concluded  in  2001.  The  EU  is  an  important  trading  partner  for 

3 

4 

An identification mission to Malta took place between 10 and 15 June 2021 to determine the nationality 
of roughly 160 potential Bangladesh nationals, including 91 that were submitted to the RCMS. 
The Bangladeshi authorities are currently addressing the backlog of cases: As of 13 July 2021, out of 
approximately  1500  cases  submitted  by  Member  States  in  the  RCMS,  the  identification  process  was 
finalised  for  195  cases  and  some  travel  documents  have  been  issued.  For  another  100  cases, 
identification  was  inconclusive  in  Bangladesh  and  will  require  identification  interviews  in  the 
Bangladeshi embassies to the EU Member States. For 200 additional cases, identification results are in 
the internal approval chain in Bangladesh. 

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Bangladesh.  Cooperation  on  migration  is  comprehensive  and  covers  support  for  protection-
related actions in  relation  to  the Rohingya refugees, capacity building laying the ground for 
improved  migration  management  in  Bangladesh,  anti-migrant  smuggling  actions  and 
providing  sustainable  reintegration.  In  2017,  the  EU-Bangladesh  Standard  Operating 
Procedures  for  the  Identification  and  Return  of  Persons  Without  an  Authorization  to  Stay 
(SOPs) started to apply with regular meetings of the Joint Working Group established under 
this  SOPs arrangement.   

 

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  Bangladeshi  nationals.  The  suspension,  however, 
does  not  apply  to  family  members  of  (mobile)  EU  citizens  covered  by  the  Directive 
2004/38/EC5 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   

Bangladesh’ 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)). 

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. 

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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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• 

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:  

– 

– 

– 

– 

– 

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

Building  economic  opportunities  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. 

2. 

• 

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  Bangladesh  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.  

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Stakeholder consultations 

3. 

• 

n.a. 

• 

n.a. 

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Collection and use of expertise 

Impact assessment 

Regulatory fitness and simplification 

• 

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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2021/0232 (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 Bangladesh 

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)6,  and  in 
particular Article 25a(5), point (a), thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

The Member States face unpredictable cooperation hampering all phases of the return 
process, despite arrangements having been agreed between the Union and Bangladeshi 
authorities. This has led to  a considerable backlog of readmission requests remaining 
without response. 

Since  2019,  the  Commission  has  taken  steps  to  improve  Bangladesh’s  level  of 
cooperation on the readmission of illegally staying third-country nationals. These steps 
consisted  of  several  meetings  organised  by  the  Commission  with  the  Bangladeshi 
authorities  at  both  technical  and  political  level  to  find  mutually  agreeable  solutions, 
while taking into account the overall relations between the EU and Bangladesh, and to 
agree  on  further  support  projects  to  the  benefit  of  Bangladesh.  The  issues  were  also 
raised as part of other meetings organised by the EEAS. 

(3)  While  initial  progress  has  been  made  by  Bangladesh,  taking  into  account  the  steps 
taken, so far by the Commission to improve the level of cooperation and the Union’s 
overall relations with Bangladesh, it is considered that Bangladesh’s cooperation with 
the Union on readmission matters is not sufficient and that action should be taken.  

(4) 

The  application  of  certain  provisions  of  Regulation  (EC)  No  810/2009  should 
therefore  be  temporarily  suspended  for  nationals  of  Bangladesh.    This  is  considered 
the most efficient action to take in view of stimulating the Bangladeshi authorities to 
undertake  the  necessary  actions  to  improve  cooperation  on  readmission  matters.  The 
temporary  suspension  does  not  apply  to  nationals  of  Bangladesh  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.  

(5) 

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), 

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OJ L 243, 15.9.2009, p. 1. 

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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  Council7  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  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. 

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/EC8; 
Ireland is therefore not taking part in the adoption of this Decision and is not bound by 
it or subject to its application. 

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/EC9. 

(6) 

(7) 

(8) 

(9) 

(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 

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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). 
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). 

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the  Schengen  acquis10  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/EC11. 

(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  Principality  of 
the  European  Community, 
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  acquis12  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/EU13. 

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.  

HAS ADOPTED THIS DECISION:  

1. 

2. 

3. 

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11 

12 
13 

14 

Article 1 
Scope 

This  Decision  shall  apply  to  nationals  of  Bangladesh  who  are  subject  to  the  visa 
requirement pursuant to Regulation (EU) 2018/1806 of the European Parliament and 
of the Council14.  

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

This Decision does not apply to nationals of Bangladesh 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. 

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). 
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 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). 

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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