Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the non-recognition of Russian travel documents issued in occupied foreign regions
Date: 2022-09-06
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU restrictive measure, EU visa policy, Russia, Ukraine, external border of the EU, foreign national, military occupation, occupied territory, passport, territorial dispute

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 6.9.2022  COM(2022) 662 final 2022/0274 (COD)  Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the non-recognition of Russian travel documents issued in occupied foreign regions  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

In  reaction to  the illegal  annexation of the Autonomous Republic or Crimea and the  city of 
Sevastopol  by  the  Russian  Federation  in  2014  and  the  continued  destabilising  actions  in 
eastern Ukraine, the European Union has already introduced (i) economic sanctions in view of 
incomplete 
Russia's  actions  destabilising 
implementation of the Minsk agreements; (ii) sanctions in respect of actions undermining or 
threatening the territorial integrity, sovereignty and independence of  Ukraine; (iii) sanctions 
in response to the illegal annexation of the Autonomous Republic of Crimea and the city of 
Sevastopol by the Russian Federation.  

the  situation 

in  Ukraine, 

linked 

the 

to 

The decision of the Russian Federation to recognise the non-government-controlled areas of 
Donetsk  and  Luhansk  oblast  of  Ukraine  as  independent  entities  and  the  decision  to  send 
Russian  troops  into  Ukraine,  an  unprecedented  military  aggression  against  its  territorial 
integrity,  sovereignty  and  independence,  is  a  severe  breach  of  international  law  and 
international agreements, including the UN Charter, Helsinki Final Act, Paris Charter and the 
Budapest Memorandum.  

As a signatory of the Minsk agreements, Russia has a clear and direct responsibility to work 
to  find a peaceful settlement. With the decision to  recognise the non-government-controlled 
regions  of  eastern  Ukraine  as  independent  entities,  Russia  has  clearly  violated  the  Minsk 
agreements,  which  stipulate  the  full  return  of  these  areas  to  the  control  of  the  Ukrainian 
government. 

On  23  February  2022,  the  EU  agreed  unanimously  on  a  first  package  of  sanctions,  which 
inflicted  an  additional  cost  on  Russia  in  response  to  its  actions.  They  included  individual 
sanctions,  financial  restrictions,  and  restrictions  on  economic  relations  between  the  EU  and 
the non-government-controlled areas of Donetsk and Luhansk oblasts. 

On  24  February  2022,  the  European  Council  condemned  in  the  strongest  possible  terms 
Russia's  unprovoked  and  unjustified  military  aggression  against  Ukraine  and  expressed  full 
solidarity  with  Ukraine  and  its  people  together  with  its  international  partners.  By  its  illegal 
military  actions,  Russia has since continued to  grossly violate international  law, committing 
atrocities  towards  the  Ukrainian  population  and  undermining  European  and  global  security 
and stability. Furthermore, the European Council demanded that Russia immediately cease its 
military actions, unconditionally withdraw all forces and military equipment from the entire 
territory  of  Ukraine  and  fully  respect  Ukraine’s  territorial  integrity,  sovereignty  and 
independence within its internationally recognised borders. 1 

Following  this,  the  Union  has  responded  with  further  packages  of  sanctions  including  the 
freezing  of  assets  and  travel  bans  for  individuals.  The  Union  has  also  adopted  restrictive 
measures concerning the financial, energy, transport and technology sectors. It has also taken 
additional  measures,  notably  suspending  partially  the  application  of  the  Visa  Facilitation 
Agreement.2 This partial suspension targeted certain categories of Russian citizens, including 
members of Russian official delegations, members of national and regional Governments and 
Parliaments and business people. 

1 
2 

European Council conclusions 24 February 2022. 
Council Decision (EU) 2022/333. 

EN 

1 

  EN 

                                                 
Since  the  beginning  of  the  Russian  aggression  against  Ukraine,  the  situation  has  worsened 
with  tragic  humanitarian  consequences  for  the  civilian  population  and  infrastructure  and 
Russia has further illegally expanded its full or partial occupation in the eastern and southern 
regions of Ukraine. 

The  negative  evolution  of  Russia's  internal  policy,  characterised  by  growing  political 
repression  by  the  government  to  preserve  the  current  political  and  economic  order,  has 
increasingly affected the EU-Russia relations. In response, the Commission, in parallel to the 
present  proposal,  has  also  proposed  to  fully  suspend  the  EU-Russia  Visa  Facilitation 
Agreement3. 

Since  the  Member  States  have  not  recognised  the  illegal  annexation  of  the  Autonomous 
Republic of Crimea and the city of Sevastopol by the Russian Federation or of other Russian-
occupied  regions  in  Ukraine,  travel  documents  issued  by  the  Russian  authorities  in  these 
territories have generally not been recognised by Member States for the purposes of issuing of 
a visa and of crossing the external borders. The same applies to the travel documents issued in 
the Russian-occupied Georgian territories of Abkhazia and South Ossetia. These positions are 
reflected  in  the  table  of  recognised  travel  documents  issued  by  third  countries4,  which  the 
Commission frequently updates, based on Member States’ notifications.  

The  Commission  issued  guidelines  to  Member  States’  consulates  in  Ukraine  and  in  the 
Russian  Federation  on  lodging  Schengen  visa  applications  by  the  residents  of  Crimea 
following  the  illegal  annexation  of  Crimea  by  Russia  in  2014.  Further  guidelines  were 
developed in 2016 as a common approach to the issue of non-recognition of certain categories 
of  ordinary  Russian  international  passports  issued  by  the  Russian  administrative  authorities 
established  by  Russia  in  Crimea  and  Sevastopol.  In  2019,  the  Commission  services  and  the 
European  External  Action  Service  prepared  guidance  on  how  to  handle  visa  applications 
lodged  by  residents  of  Ukraine’s  Donetsk  and  Luhansk  regions  holding  ordinary  Russian 
international passports. The Russian Federation is currently extending the practice of handing 
out  ordinary  Russian  international  passports  to  other  non-government-controlled  areas  of 
Ukraine, in particular the Kherson and Zaporizhzhia regions. In May 2022, Russia introduced 
a simplified Russian naturalisation procedure for orphan children from the so-called Donetsk 
People’s  Republic  and  the  so-called  Luhansk  People’s  Republic,  as  well  as  Ukraine.  The 
decree  also  applies  to  children  without  parental  care  and  legally  incapable  persons  who  are 
inhabitants of these two occupied regions.  

This proposal aims to ensure that Russian travel documents issued in or to persons resident in 
the occupied foreign regions, irrespective of the geographical location, are not recognised by 
the Member States for the purposes of issuing of a visa and of crossing the external borders. 
The  measure  establishes  a  common  approach  on  the  non-recognition  of  such  travel 
documents. 

• 

Consistency with existing policy provisions in the policy area 

This  initiative  is  in  line  with  the  actions  set  out  in  European  Council  conclusions  on 
24 February  2022  and  further  develops  the  Guidance  to  the  Member  States  and  Schengen 
Associated  Countries’  consulates  in  the  Russian  Federation  and  Ukraine  on  how  to  handle 
visa  applications  lodged  by  residents  of  Ukraine’s  Donetsk  and  Luhansk  regions  holding 
ordinary  Russian  international  passports  issued  after  24  April  2019.  This  proposal 

3 

4 

Proposal  for  a  Council  Decision  on  the  suspension  in  whole  of  the  application  of  the  Agreement 
between  the  European  Community  and  the  Russian  Federation  on  the  facilitation  of  the  issuance  of 
visas to the citizens of the European Union and the Russian Federation (COM(2022) 661). 
Travel documents issued by third countries and territorial  entities (Part I), available at  <https://home-
affairs.ec.europa.eu/travel-documents-issued-third-countries-and-territorial-entities-part-i_en>. 

EN 

2 

  EN 

                                                 
complements  the  partial  suspension  of  the  EU-Russia  Visa  Facilitation  Agreement  and  the 
proposal of the Commission to fully suspend the Agreement that is presented in parallel. 

This Decision does not affect the application of Decision 1105/2011/EU or the obligations of 
Member States under that Decision with regard to travel documents on which the Union has 
not taken a position.  

• 

Consistency with other Union policies 

The  proposal  constitutes  a  further  response  of  the  Union  to  the  Russian  military  aggression 
against Ukraine and the Russian ‘passportisation’ in occupied foreign regions. The proposal is 
fully consistent with the statement of the High Representative on behalf of the EU on attempts 
of  the  Russian  Federation  to  forcefully  integrate  parts  of  Ukrainian  territory5.  Moreover, 
including the travel  documents  issued in the Russian-occupied Georgian territories of South 
Ossetia and Abkhazia is in line with the calls of the European Council6 strongly condemning 
Russia’s unilateral decision to recognise the independence of Abkhazia and South Ossetia and 
urging other countries not to recognise their independence. 

This  proposal  is  without  prejudice  to  the  right  of  freedom  of  movement  of  Union  citizens 
within  the  meaning  of  Article  20(1)  TFEU  and  third-country  nationals  who  enjoy  rights  of 
free  movement  equivalent  to  those  of  Union  citizens,  as  well  as  of  their  respective  family 
members.  Directive  2004/38/EC7  lays  down  rules  on  the  entry  of  third-country  nationals 
enjoying the right of free movement. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The proposal is based on Articles 77(2)(a) and (b) TFEU. 

The proposal establishes an obligation for Member States not to recognise travel documents 
issued by the Russian authorities in or to persons resident in occupied foreign regions for the 
purposes of visa issuance and the crossing of external borders.  

• 

Subsidiarity (for non-exclusive competence)  

Action in the area of freedom, security and justice falls within an area of competence shared 
between the EU and the Member States in accordance with Article 4(2) TFEU. Therefore, the 
principle of subsidiarity is applicable by virtue of Article 5(3) TEU, according to  which the 
Union  shall  act  only  if  and  in  so  far  as  the  objectives  of  the  proposed  action  cannot  be 
sufficiently  achieved  by  the  Member  States,  either  at  central  level  or  at  regional  and  local 
level,  but  can  rather,  by  reason  of  the  scale  or  effects  of  the  proposed  action,  be  better 
achieved at Union level.  

5 

6 
7 

Press release, “Ukraine: Declaration by the High Representative on behalf of the EU on attempts of the 
Russian  Federation  to  forcefully  integrate  parts  of  Ukrainian  territory”,  3  June  2022,  available  at 
<Ukraine:  Declaration  by  the  High  Representative  on  behalf  of  the  EU  on  attempts  of  the  Russian 
Federation to forcefully integrate parts of Ukrainian territory - Consilium (europa.eu)>. 
Presidency conclusions of the Extraordinary European Council, 1 September 2008 (12594/2/08 REV2). 
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the rights of 
members 
citizens 
to  move 
States 
64/221/EEC, 
amending  Regulation 
68/360/EEC, 
75/35/EEC, 
90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77). 

repealing  Directives 
75/34/EEC, 

Union 
freely  within 

family 
the  Member 

and 
73/148/EEC, 

the 
reside 

(EEC)  No 

72/194/EEC, 

and 
the 

of 
and 

1612/68 

territory 

their 

of 

EN 

3 

  EN 

                                                 
The recognition of travel documents has so far been a Member State competence as the Union 
has  not  previously  exercised  its  shared  competence  pursuant  to  Articles  77(2)(a)  and  (b) 
TFEU as regards the recognition of travel documents in the domain of the common policy on 
visas and the checks to which persons crossing the external borders are subject.  

The objectives of this proposal cannot be sufficiently achieved by the Member States acting 
alone,  and  can  be  better  achieved  at  the  level  of  the  Union.  This  is  because  the  objectives 
concern the invalidation of travel documents that are required in the context of submitting an 
application for a visa or for crossing the external borders of the Member States. The integrity 
of  the  Schengen  area  and  the  need  to  ensure  a  uniform  response  to  the  Russian 
‘passportisation’  in  occupied  foreign  regions  require  a  coherent  approach  across  the  entire 
Schengen  area.  Without  this  proposal,  the  recognition  or  non-recognition  of  such  travel 
documents  would be subject  to  individual  Member State decisions  and could  lead to  severe 
discrepancies  on  the  issuance  of  visas  to  persons  habitually  resident  in  regions  occupied  by 
Russia and their ability to cross the external borders. This measure will bring legal certainty 
on the issue and be directly applicable in the Member States.  

The  Union  may  therefore  adopt  the  proposed  measure,  in  accordance  with  the  principle  of 
subsidiarity.  

• 

Proportionality 

According to the principle of proportionality laid down in Article 5(4) TEU, there is a need to 
match the nature and intensity of a given measure to the identified problem.  

The  aim  of  the  measure  is  to  ensure  a  well-functioning  common  visa  policy  and  policy  on 
external  border  checks  as  well  as  to  safeguard  the  security  of  the  Union  and  its  Member 
States.  The proposed measure is  a response to  Russia’s unprovoked and  unjustified military 
aggression  against  Ukraine.  This  proposal  fully  respects  Member  States’  sovereign  right 
under  public  international  law  on  state  recognition.  The  proposed  non-recognition  of  travel 
documents does not affect the right of States to adopt any decision concerning the recognition 
of  any  territorial  entity  as  an  international  personality  of  the  international  community. 
Moreover,  the  proposed  measure  does  not  affect  the  possible  validity  of  these  travel 
documents  in  the  context  of  proving  identity  in  national  proceedings  or  interactions. 
Therefore, it would continue to be up to individual Member States to decide which kinds of 
documents may be furnished to prove one’s identity. 

Since  the  EU  has  not  recognised  the  illegal  annexation  of  the  Crimean  peninsula  by  the 
Russian Federation or of other Russian-occupied regions in Ukraine, travel documents issued 
by the Russian  authorities in  these territories should  be unequivocally invalidated by  Union 
law for the purposes of travel.  The same  applies to  travel  documents issued in  the Russian-
occupied Georgian territories of Abkhazia and South Ossetia. Similarly, this measure of non-
recognition would apply to all travel documents issued by Russian authorities in any foreign 
regions Russia possibly and illegally invades or occupies in the future.  

• 

Choice of the instrument 

The  proposal  concerns  the  Schengen-wide  non-recognition  of  travel  documents  issued  by 
Russian authorities in occupied foreign regions in the context of the common visa policy and 
the checks to which persons crossing the external borders are subject. Taking into account the 
fact  that  the  ordinary  legislative  procedure  applies  and  the  targeted  scope  of  the  proposed 
measure, a Decision of the European Parliament and of the Council is appropriate. 

EN 

4 

  EN 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

The  issue  of  non-recognition  of  Russian  travel  documents  issued  in  the  occupied  foreign 
regions  was  discussed  in  the  Council  Visa  Working  Party  on  13  July  2022.  Following  the 
informal  meeting  of  foreign  affairs  ministers  (Gymnich)  on  31  August  2022,  the  High 
Representative  reported  that  Member  States  agreed  politically  on  the  non-recognition  of 
Russian travel documents issued in the occupied foreign regions. 

• 

Fundamental rights 

The proposed measure respects the fundamental rights and principles set out in the Charter of 
Fundamental  Rights  of  the  European  Union,  in  particular  the  freedom  of  movement  and 
residence,  the  right  to  asylum,  the  rights  of  the  child  and  the  principles  of  non-refoulement 
and of non-discrimination. 

While  the  proposed  measure  will  essentially  have  the  effect  of  impeding  travel  of  certain 
categories  of  third-country  nationals  to  the  EU  by  virtue  of  not  recognising  their  travel 
documents as valid for the purposes of issuing of a visa and of crossing the external borders, 
the measure will not equal a travel ban against those persons. Member States retain the right 
to issue a visa with limited territorial validity and affixing the visa sticker on a separate sheet 
in accordance with Articles 25 and 29 of Regulation (EC) No 810/2009 and/or derogate from 
the entry conditions provided for in Article 6 of Regulation (EU) No 2016/399. In particular, 
Member States should make use of this right  in order to  ensure respect  for  the rights  of the 
child and the principle of non-refoulement. 

The right to asylum and the Union asylum acquis are not affected by the proposed measure.  

Finally, although the travel documents issued by Russia in the occupied foreign regions would 
not  be  recognised  for  purposes  of  entry  into  the  Schengen  area,  the  validity  of  those 
documents as identity documents in a domestic context is not affected. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no implications for the EU budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The  Commission  will  monitor  and  evaluate  the  implementation  of  the  proposed  measure  in 
the  context  of  local  Schengen  cooperation  and  in  the  framework  of  the  Travel  Document 
Committee, established under Article 8 of Decision 1105/2011/EU. 

• 

Detailed explanation of the specific provisions of the proposal 

The  proposal  provides  for  the  non-recognition  of  Russian  travel  documents  that  have  been 
issued in or to persons resident in the occupied foreign regions for the purposes of issuing a 
visa  and  of  crossing  the  external  borders.  For  reasons  of  legal  certainty,  clarity  and 
transparency, the Commission should establish a list of those Russian travel documents that 
should not be recognised for the purposes of travel into the Schengen area.  This list will be 
publicly  available  on  the  Commission  website  as  part  of  the  table  of  recognition  of  travel 
documents and list of travel documents issued by third countries, as established by Decision 
1105/2011/EU. 

EN 

5 

  EN 

2022/0274 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the non-recognition of Russian travel documents issued in occupied foreign regions 

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 
Articles 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) 

(5) 

In  reaction  to  the  illegal  annexation  of  the  Autonomous  Republic  of  Crimea  and  the 
city of Sevastopol by the Russian Federation in 2014 and to its continued destabilising 
actions  in  eastern  Ukraine,  the  European  Union  has  already  introduced  economic 
sanctions in response to Russia's actions destabilising the situation in Ukraine, linked 
to  the  incomplete  implementation  of  the  Minsk  Agreements;  sanctions  in  respect  of 
actions  undermining  or 
integrity,  sovereignty  and 
the 
independence  of  Ukraine;  and  sanctions  in  response  to  the  illegal  annexation  of  the 
Autonomous  Republic  of  Crimea  and  the  city  of  Sevastopol  by  the  Russian 
Federation.  

threatening 

territorial 

As a signatory of the Minsk  agreements, the Russian Federation has  had a clear  and 
direct  responsibility  to  work  towards  finding  a  peaceful  settlement  of  the  conflict  in 
line  with  these  principles.  With  the  decision  to  recognise  the  non-government 
controlled regions of eastern Ukraine as independent entities, the Russian Federation 
has  clearly  violated  the  Minsk  agreements,  which  stipulate  the  full  return  of  these 
areas to the control of the Ukrainian government. 

The  decision  of  the  Russian  Federation  to  recognise  the  non-government-controlled 
areas  of  Donetsk  and  Luhansk  oblast  of  Ukraine  as  independent  entities  and  the 
ensuing decision to send Russian troops into these areas further undermines Ukraine’s 
sovereignty  and  independence,  constitute  a  severe  breach  of  international  law  and 
international agreements, including the UN Charter, Helsinki Final Act, Paris Charter 
and the Budapest Memorandum.  

Such  military  aggression  which  takes  place  in  a  country  bordering  the  European 
Union,  such  as  that  which  has  occurred  in  Ukraine  and  which  has  given  rise  to  the 
restrictive  measures,  justifies  measures  designed  to  protect  the  essential  security 
interests of the European Union and its Member States. 

Since  the  illegal  annexation  of  the  Crimean  peninsula,  Russia  has  issued  Russian 
international  passports  to  residents  of  Crimea.  In  May  2022,  the  Russian  Federation 
introduced a simplified Russian naturalisation procedure for orphan children from the 
so-called Donetsk People’s Republic and the so-called Luhansk People’s Republic, as 

EN 

6 

  EN 

well as Ukraine. The decree also applies to children without parental care and legally 
incapable persons who are inhabitants of these two occupied regions. The systematic 
issuance  of  Russian  passports  in  these  occupied  regions  constitutes  a  further 
infringement  of  international  law  and  Ukraine’s  territorial  integrity,  sovereignty  and 
independence.  

(6) 

Therefore, in view of the breaches of international law and military aggression against 
Ukraine  by  Russia,  and  in  order  to  ensure  a  common  visa  policy  and  a  common 
approach  to  checks  to  which  persons  crossing  the  external  borders  are  subject,  all 
Russian travel documents issued in or to persons resident in occupied foreign regions 
should  not  be  recognised  as  valid  travel  documents  for  the  purposes  of  issuing  of  a 
visa and of crossing the external borders. 

(7)  Member  States  are  and  should  remain  competent  for  the  recognition  of  travel 
documents for the purpose of issuing of a visa and of allowing the holder to cross the 
external borders where the Union has not taken a position thereon.  

(8) 

(9) 

The  non-recognition  of  Russian  travel  documents  issued  in  or  to  persons  resident  in 
occupied  foreign  regions  for  the  purposes  of  issuing  of  a  visa  and  of  crossing  the 
external  borders  should  extend  to  all  geographical  regions,  including  the  Russian-
occupied  Georgian  territories  of  Abkhazia  and  South  Ossetia.  The  non-recognition 
does not affect the validity of such documents for other purposes, including as proof of 
identity in a national context. 

For reasons of legal certainty and transparency, the Commission should make publicly 
available a list of Russian travel documents that are issued in or to persons resident in 
occupied  foreign  regions  and  which  should  not  be  recognised.  This  list  should  be 
incorporated  in  the  list  of  travel  documents  established  under  Decision  No 
1105/2011/EU of the European Parliament and of the Council8, and the accompanying 
table of recognition that includes information on recognised and non-recognised travel 
documents and which is publicly available online.  

(10)  This Decision does not  affect the right to free movement of Union citizens and their 
respective family members, including the possibility for such family members to enter 
the territory of the Member States without a valid travel document within the meaning 
in  particular  of  Directive  2004/38/EC  and  the  agreements  on  free  movement  of 
persons concluded by the Union and the Member States, of the one part, and certain 
third countries, of the other part. Directive 2004/38/EC permits, under the conditions 
specified  therein,  restrictions  to  free  movement  on  grounds  of  public  policy,  public 
security and public health.  

(11)  This  Decision  respects  fundamental  rights  and  observes  the  principles  recognised  in 
particular by the Charter of Fundamental Rights of the European Union. This Decision 
should not affect the right to asylum.  

(12)  Member States retain the possibility to allow holders of travel documents targeted by 
this Decision who have not exercised their right to apply for international protection to 
enter the territory of the Member States in individual cases, as provided for in Articles 
25 and 29 of Regulation (EC) No 810/2009  and  Article 6(5) of Regulation (EU) No 
2016/399. 

8 

Decision No 1105/2011/EU of the European Parliament and of the Council of 25 October 2011 on the 
list  of  travel  documents  which  entitle  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 (OJ L 287, 4.11.2011, p. 
9). 

EN 

7 

  EN 

                                                 
(13)  The  objective  of  this  Decision  is  to  strengthen  the  functioning  of  the  common  visa 
policy and the Schengen area. Those objectives cannot be achieved by Member States 
acting  alone.  Therefore,  introducing  an  obligation  to  not  recognise  certain  travel 
documents for the purposes of issuing of a visa and of crossing the external borders at 
Union level is necessary. The Union may therefore 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  set  out  in  that  Article,  this 
Decision does not go beyond that what is necessary in order to achieve the objectives. 

(14) 

In accordance with Articles 1 and 2 of the 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 and is not 
bound  by  it  or  subject  to  its  application.  Given  that  this  Decision  builds  upon  the 
Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide 
within a period of six months after the Council has decided on this Decision whether it 
will implement it in its national law. 

(15)  This Decision constitutes a development of the provisions of the Schengen  acquis in 
which Ireland does not take part9; Ireland is therefore not taking part in the adoption of 
this Decision and is not bound by it or subject to its application. 

(16)  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  association  of  those  two  States  with  the  implementation, 
application  and  development  of  the  Schengen  acquis10  which  fall  within  the  area 
referred to in Article 1, points A and B of Council Decision 1999/437/EC11. 

(17)  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 acquis12 which fall within the area referred to in Article 1, points A and 
B,  of  Decision  1999/437/EC  read  in  conjunction  with  Article  3  of  Council  Decision 
2008/146/EC13. 

(18)  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 

the  Swiss  Confederation  and 

9 

10 
11 

12 
13 

This Decision falls outside the scope of the measures provided for in 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). 
OJ L 176, 10.7.1999, p. 36. 
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). 

EN 

8 

  EN 

                                                 
development of the Schengen acquis14 which fall within the area referred to in Article 
1,  points  A  and  B,  of  Decision  1999/437/EC  read  in  conjunction  with  Article  3  of 
Council Decision 2011/350/EU15. 

(19)  Article  1,  point  (a)  of  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, whereas Article 1, point (b) constitutes an act building 
upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning 
of  Article 3(1)  of  the 2003  Act  of  Accession,  Article 4(1)  of  the 2005  Act  of 
Accession and Article 4(1) of the 2011 Act of Accession.  

(20)  Due to the urgency of the situation and the ongoing illegal Russian presence in foreign 
regions,  this  Decision  should  enter  into  force  on  the  first  day  following  that  of  its 
publication, 

HAVE ADOPTED THIS DECISION:  

Article 1 

Russian travel documents issued in or to persons resident in occupied foreign regions shall not 
be recognised as valid travel documents for the following purposes: 

(a) 

(b) 

the issuing of a visa in accordance with Regulation (EC) No 810/2009; 

the crossing of the external borders in accordance with Regulation (EU) 2016/399. 

Article 2 

The Commission shall establish a list of Russian travel documents referred to in Article 1.  

That  list  shall  be  made  available  to  the  public  as  part  of  the  list  of  travel  documents 
established by Decision No 1105/2011/EU. 

Article 3 

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

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

14 
15 

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). 

EN 

9 

  EN