Council Decision (EU) 2022/2451 of 8 December 2022 on the full application of the provisions of the Schengen acquis in the Republic of Croatia
Date: 2022-12-08
Institutions: Council of the European Union
Subjects: Community acquis, Croatia, Schengen Agreement, application of EU law, border control, external border of the EU, internal border of the EU




L_2022320EN.01004101.xml










14.12.2022   


EN


Official Journal of the European Union


L 320/41








            COUNCIL DECISION (EU) 2022/2451
of 8 December 2022
         
on the full application of the provisions of the Schengen acquis in the Republic of Croatia


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the 2011 Act of Accession, and in particular Article 4(2) thereof,


Having regard to the opinion of the European Parliament (1),

Whereas:







(1)


Article 4(2) of the 2011 Act of Accession provides that the provisions of the Schengen acquis not referred to in Article 4(1) of that Act are to only apply in Croatia pursuant to a Council decision to that effect, after verification, in accordance with the applicable Schengen evaluation procedures, that the necessary conditions for the application of all parts of the relevant acquis have been met in Croatia, including the effective application of all Schengen rules in accordance with the agreed common standards and with fundamental principles.












(2)


By its Decision (EU) 2017/733 (2), the Council, after verification that the necessary conditions for the application of the data protection part of the Schengen acquis concerned had been met by Croatia, rendered the provisions of the Schengen acquis relating to the Schengen Information System (SIS) applicable to Croatia from 27 June 2017.












(3)


Evaluations were carried out to verify that the necessary conditions for the application of the Schengen acquis had been met in all the remaining areas of the Schengen acquis, namely management of the external border, police cooperation, the SIS, return, visas, judicial cooperation in criminal matters and firearms, in Croatia, in accordance with the Schengen evaluation procedures applicable at the time as set out in Council Regulation (EU) No 1053/2013 (3).












(4)


In its communication of 22 October 2019 on the verification of the full application of the Schengen acquis by Croatia, the Commission concluded that it considered that Croatia had taken the measures needed to ensure that the necessary conditions for the application of all relevant parts of the Schengen acquis were met. Furthermore, it noted that Croatia would need to continue working consistently on the implementation of all the ongoing actions, in particular in the field of management of the external borders, to ensure that those conditions continue to be met. The Commission also confirmed that Croatia continued to fulfil the commitments linked to the Schengen acquis as undertaken in its accession negotiations.












(5)


On 9 December 2021, the Council concluded that the necessary conditions for the application of all parts of the Schengen acquis had been fulfilled by Croatia.












(6)


It is therefore possible to set the dates for the application of the Schengen acquis in full by Croatia, from which checks on persons at the internal borders with Croatia should be lifted.












(7)


The restrictions on the use of the SIS, provided for in Decision (EU) 2017/733, should be lifted from the earliest date set for the application of the Schengen acquis in full by Croatia.












(8)


The simplified regime for third-country nationals holding a national short-stay visa issued by Croatia for transit through or intended stays on its territory not exceeding 90 days in any 180-day period, introduced by Decision No 565/2014/EU of the European Parliament and of the Council (4), should be maintained in order to avoid travel becoming more difficult for certain categories of persons. Consequently, certain provisions of that Decision should continue to apply for a limited transitional period.












(9)


As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (5) which fall within the area referred to in Article 1, points B, C, D and F, of Council Decision 1999/437/EC (6).












(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 acquis (7) which fall within the area referred to in Article 1, points B, C, D and F, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (8).












(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 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 (9) which fall within the area referred to in Article 1, points B, C, D and F, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (10),





HAS ADOPTED THIS DECISION:



Article 1

1.   From 1 January 2023, checks on persons at internal land and sea borders with Croatia shall be lifted and the provisions of the Schengen acquis referred to in the Annex shall apply to Croatia in its relations with the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden, as well as Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation.


2.   As regards checks on persons at internal air borders, they shall be lifted from 26 March 2023 and the provisions referred to in paragraph 1, to the extent that they regulate the abolition of checks on persons at internal air borders, shall apply as of that date.


3.   All restrictions on the use of the Schengen Information System by Croatia shall be lifted from 1 January 2023.



Article 2
National short-stay visas issued by Croatia before 1 January 2023 shall remain valid during their period of validity, for the purpose of transit through the territory of other Member States or intended stays on their territories not exceeding 90 days in any 180-day period, insofar as they have recognised such short-stay visas for those purposes, in accordance with Decision No 565/2014/EU. The conditions set out in that Decision shall apply.


Article 3
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.




Done at Brussels, 8 December 2022.


For the Council


The President

V. RAKUŠAN
            





(1)  Opinion of 10 November 2022 (not yet published in the Official Journal).

(2)  Council Decision (EU) 2017/733 of 25 April 2017 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Croatia (OJ L 108, 26.4.2017, p. 31).

(3)  Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).

(4)  Decision No 565/2014/EU of the European Parliament and of the Council of 15 May 2014 introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by Bulgaria, Croatia, Cyprus and Romania 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 Decisions No 895/2006/EC and No 582/2008/EC (OJ L 157, 27.5.2014, p. 23).

(5)  
            OJ L 176, 10.7.1999, p. 36.

(6)  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).

(7)  
            OJ L 53, 27.2.2008, p. 52.

(8)  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).

(9)  
            OJ L 160, 18.6.2011, p. 21.

(10)  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).




ANNEX
List of the provisions of the Schengen acquis within the meaning of Article 4(2) of the 2011 Act of Accession to be rendered applicable to Croatia in its relations with the Member States applying the Schengen acquis in full, as well as Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation






A.


The following provisions of the Convention signed in Schengen on 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, p. 19):
Article 1 to the extent that it relates to other provisions referred to in this point, Article 18, Article 19(1), (3) and (4), Articles 20, 21 and 22, Articles 40 to 43, and Articles 126 to 130 to the extent that they relate to other provisions referred to in this point.










B.


The following other legal acts of the Union, together with acts implementing them:






1.


Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals (OJ L 149, 2.6.2001, p. 34);










2.


Council Decision 2004/191/EC of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals (OJ L 60, 27.2.2004, p. 55);










3.


Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p. 5);










4.


Article 4, point (b), and Article 9, point (c), of Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (OJ L 405, 30.12.2006, p. 1);










5.


Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60);










6.


Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ L 218, 13.8.2008, p. 129), with the exception of Article 6;










7.


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), with the exception of Article 3;










8.


Regulation (EU) No 265/2010 of the European Parliament and of the Council of 25 March 2010 amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa (OJ L 85, 31.3.2010, p. 1);










9.


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);










10.


Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council (OJ L 182, 29.6.2013, p. 1), to the extent that it relates to other provisions referred to in this Annex;










11.


Article 1, Article 6(5), point (a), Title III, and the provisions of Title II and the annexes thereto referring to the Schengen Information System and to the Visa Information System, of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1);










12.


Regulation (EU) 2017/2225 of the European Parliament and of the Council of 30 November 2017 amending Regulation (EU) 2016/399 as regards the use of the Entry/Exit System (OJ L 327, 9.12.2017, p. 1), to the extent that it is not yet applicable in accordance with Article 66(2) of Regulation (EU) 2017/2226;










13.


Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20), to the extent that it relates to the Visa Information System as laid down in Regulation (EC) No 767/2008 and that it is not yet applicable in accordance with Article 66(2) of Regulation (EU) 2017/2226;










14.


Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99), to the extent that it relates to the Visa Information System as laid down in Regulation (EC) No 767/2008 and the Entry/Exit System as established by Regulation (EU) 2017/2226 and referred to in this Annex;










15.


Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27), to the extent that it relates to the Visa Information System as laid down in Regulation (EC) No 767/2008 and the Entry/Exit System as established by Regulation (EU) 2017/2226 and referred to in this Annex;










16.


Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, p. 85), to the extent that it relates to the Visa Information System as laid down in Regulation (EC) No 767/2008 and the Entry/Exit System as established by Regulation (EU) 2017/2226 and referred to in this Annex;










17.


Regulation (EU) 2019/1155 of the European Parliament and of the Council of 20 June 2019 amending Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code) (OJ L 188, 12.7.2019, p. 25);










18.


Regulation (EU) 2021/1133 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EU) No 603/2013, (EU) 2016/794, (EU) 2018/1862, (EU) 2019/816 and (EU) 2019/818 as regards the establishment of the conditions for accessing other EU information systems for the purposes of the Visa Information System (OJ L 248, 13.7.2021, p. 1);










19.


Regulation (EU) 2021/1134 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EC) No 767/2008, (EC) No 810/2009, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1860, (EU) 2018/1861, (EU) 2019/817 and (EU) 2019/1896 of the European Parliament and of the Council and repealing Council Decisions 2004/512/EC and 2008/633/JHA, for the purpose of reforming the Visa Information System (OJ L 248, 13.7.2021, p. 11);










20.


Regulation (EU) 2021/1150 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EU) 2018/1862 and (EU) 2019/818 as regards the establishment of the conditions for accessing other EU information systems for the purposes of the European Travel Information and Authorisation System (OJ L 249, 14.7.2021, p. 1);










21.


Regulation (EU) 2021/1152 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1860, (EU) 2018/1861 and (EU) 2019/817 as regards the establishment of the conditions for accessing other EU information systems for the purposes of the European Travel Information and Authorisation System (OJ L 249, 14.7.2021, p. 15).