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 Ethiopia
Date: 2023-09-27
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Ethiopia, 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, 27.9.2023  COM(2023) 568 final 2023/0344 (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 Ethiopia  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

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

Based  on  these  assessments  and  taking  into  account  the  steps  taken  by  the  Commission  to 
improve the level of cooperation in the field of readmission and 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  a 
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 Ethiopia 

In  February  2018  the  EU  concluded  a  non-binding  readmission  arrangement  with  Ethiopia 
(“Admission procedure for the return of Ethiopians from European Union  Member States”). 
Since  then,  two  Joint  Working  Group  meetings  to  monitor  the  implementation  of  the 
arrangement  took  place  on  13  May  2019  and  on  28  November  2019.  Engagement  on 
readmission, including on the outcome of the yearly assessment under article 25a of the Visa 
Code, continued at local level, including during the nation-wide state of emergency that was 
declared  in  November  2021  following  the  conflict  in  northern  Ethiopia,  and  that  ended  in 
February 2022.  

Despite  the  existing  readmission  arrangement,  the  efforts  to  intensify  engagement  on 
readmission and the provision of technical assistance by the EU, cooperation on readmission 
with Ethiopia has not improved. The EU conveyed to Ethiopia clear messages about the need 
for Ethiopia to improve cooperation in readmitting its nationals who have no right to stay in 
the  EU  Member  States  and  to  fully  implement  the  readmission  arrangement,  including 
through the swift identification of Ethiopians with no right to stay in the EU and the issuance 
of  emergency  travel  documents  for  all  returns,  including  forced  ones.  These  messages, 
delivered  at  technical  meetings,  during  bilateral  meetings  with  Member  States  and  to  the 
Ethiopian Ambassador to the EU in April 2023, and engagement with Ethiopia’s authorities 
have not produced the expected results and have not led to an improvement in cooperation. 

Cooperation with  Ethiopia  on the readmission of its nationals  found illegally staying  on the 
territory of the EU Member States remains insufficient, as substantiated by the low return rate 
(the number of return decisions enforced in comparison with the number of return decisions 
issued), which was 10% in 2021 and in 2022, and by the overall decreasing issuance rate (i.e. 
the  number  of  travel  document  issued  by  third  countries  in  comparison  to  the  number  of 
readmission requests submitted by Member States). Member States face persistent challenges 
in  establishing  a  meaningful  dialogue  and  engagement  on  readmission  with  Ethiopia,  in 
particular as regards forced returns.  

1 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. 

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In the framework of continuous assessments carried out by the Commission based on data and 
information provided by Member States, discussions in the relevant Council Working Groups 
and  expert  groups  meetings,  as  well  as  by  Union  institutions,  bodies,  offices  and  agencies, 
Member States reported a number of issues that hamper the different steps of the readmission 
process, including the identification of Ethiopian nationals, the issuance of travel documents 
and the organisation of return operations. The lack of responses of the Ethiopian authorities to 
Member  States’  requests  for  identification  results  in  practice  in  the  impossibility  to  return 
undocumented  persons.  The  issuance  of  travel  documents  to  persons  whose  Ethiopian 
nationality has been confirmed, for example through identification missions carried out in the 
past years, remains problematic. In 2022 a very limited number of returns took place, with no 
returns via charter flight.  

On the basis of the above, the lack of improvement despite continuous steps taken so far by 
the  Commission  to  improve  readmission  cooperation,  and  taking  into  account  the  EU’s 
overall  relations  with  Ethiopia,  it  is  considered  that  Ethiopia’s  cooperation  with  the  EU  on 
readmission is not sufficient and that further action is needed. 

• 

The Union’s overall relations with Ethiopia 

Ethiopia is a key country for stability in the Horn of Africa. It is the second most populated 
country  in  Africa  (110  million  inhabitants)  and  a  host  of  nearly  900,000  refugees  from  the 
region.  There  has  been  internal  conflict  in  Ethiopia  since  November  2020,  which  led  to  the 
signing  of  the  Permanent  Cessation  of  Hostilities  Agreement  in  Ethiopia.  The  situation 
remains  fragile  and  internal  tensions  continue.  Transitional  justice  and  rehabilitation 
processeses are being monitored. Normalisation of relations with Ethiopia and the restart of a 
meaningful political dialogue with authorities are in progress. During the critical stage of the 
conflict in Sudan, the Ethiopian authorities provided substantial assistance with visa issuance 
and facilities at the border during the evacuation of the EU nationals from Sudan.   

The  country  enjoys  duty-free  and  quota-free  access  to  the  European  market  under  the 
“Everything but Arms” scheme.  

Ethiopia is a member of the Intergovernmental Authority on Development and a member of 
the  Steering  Committee  of  the  Khartoum  Process.  Ethiopia  is  a  party  to  the  Cotonou 
Agreement.  Ethiopia  has  been  an  important  partner  for  the  European  Union,  with  a  long-
standing  partnership  dating  back  over  40  years.  In  2016,  the  EU  and  Ethiopia  signed  a 
“Strategic  Engagement”,  committing  both  sides  to  close  cooperation  in  areas  ranging  from 
regional  peace  and  security,  to  trade  and  investment,  and  including  migration  and  forced 
displacement.  The  EU  proposes  to  assist  Ethiopia  through  the  NDICI-GE  with  a  National 
Multiannual  Indicative  programme  for  the  period  2024-2027  (adoption  foreseen  end  of 
September).  It  will  cover  3  priority  areas:  Green  Deal,  Human  Development  (including 
migration and forced displacement) and Governance/ Peacebuilding.  

• 

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  Ethiopian  nationals.  The  suspension,  however, 
should  not  apply  to  Ethiopian  family  members  of  (mobile)  EU  citizens  covered  by  the 

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Directive 2004/38/EC2 and to Ethiopian family members 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 country concerned on the other.  

Content of the visa measures   

Ethiopia’s failure to cooperate sufficiently on readmission justifies the temporary suspension 
of all the articles referred to in point (a) of Article 25a(5) of the Visa Code: suspension of the 
possibility  of  waiving  the  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 allowing the extension of this period up to a maximum of 
45  days  only  in  individual  cases,  hence  45  days  becomes  the  standard  processing  period); 
suspension  of  the  issuing  of  multiple  entry  visas  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  provides  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,  in  accordance  with  Article  25a(6)  of  the  Visa  Code,  the  Commission 
should continuously assess progress in readmission cooperation on the basis of the indicators 
set  out  in  Article  25a(2)  of  the  Visa  Code,  including  in  the  assistance  provided  for  the 
identification  of  persons  illegally  staying  on  the  territory  of  the  Member  States,  the  timely 
issuance of travel documents and the organisation of return operations. The Commission will 
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, as provided for by Article 25a(5), point (b) of the Visa Code. 

Pursuant  to  Article 25a(7) of the Visa Code, the Commission  will  - 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  Visa  Code  setting  the  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. 

2  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 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  it  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  European 
Council  has  called  for  the  EU  to  mobilise  all  available  tools,  including  development  co-
operation, trade or visa measures3. 

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  improve  Ethiopia’s  cooperation  on  the 
readmission  of  illegally  staying  third  country  nationals,  are  proportionate  to  the  objective 
pursued.  These  measures  do  not  affect  the  possibility  for  applicants  to  apply  for  and  be 
granted  visas,  as  such,  but  cover  certain  aspects  of  the  procedure  for  issuing  the  visa. 
Additionally, certain categories of persons are excluded from the scope of this decision. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

3. 

• 

n.a. 

3 

EUCO 22/21 (17) 

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Stakeholder consultations 

Collection and use of expertise 

Impact assessment 

Regulatory fitness and simplification 

• 

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 of family life.    

BUDGETARY IMPLICATIONS 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Explanatory documents (for directives) 

4. 

n.a. 

5. 

• 

n.a. 

• 

n.a. 

• 

Detailed explanation of the specific provisions of the proposal 

Article 1 defines the scope of the proposed implementing decision. 

Paragraphs 1 and 2 specify that it only applies to nationals of Ethiopia who are subject to the 
visa requirement, and not to those that are exempt on the basis of Articles 4 or 6 of Regulation 
(EU) 2018/1806. 

Paragraph 3 exempts from the scope of the proposed decision visa applicants who are family 
members of a Union citizen to whom Directive 2004/38/EC applies, and family members 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. 

Paragraph  4  specifies  that  the  proposed  decision  is  without  prejudice  to  Member  States’ 
international obligations. 

Article 2 sets out that that the application of the following provisions of the Visa Code shall 
be  temporarily  suspended  for  nationals  of  Ethiopia  falling  within  the  scope  of  the  proposed 
decision: 

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– 

– 

– 

– 

The possibility for Member States to waive the requirement to present a full set 
of  supporting  documents.  This  means  that  a  full  set  of  supporting  documents 
proving fulfilment of the entry  conditions  as  set  out  in  the Schengen Borders 
Code will have to be submitted at every application by all applicants. 

The  possibility  for  Member  States  to  waive  the  visa  fee  for  holders  of 
diplomatic and service passports. The standard visa fee of 80 EUR  will apply 
to this category of applicants. 

The  standard  processing  time  of  15  days  for  taking  a  decision  on  an 
application.  This  means  that  Member  States  will  have  45  days  to  decide  on 
applications. 

The  rules  on  issuing  multiple-entry  visa.  This  means  that,  in  principle,  only 
single-entry visas will be issued. 

Article  3  contains  the  list  of  addressees  of  the  proposed  decision,  i.e.  the  relevant  Member 
States. 

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2023/0344 (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 Ethiopia 

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  the  of 
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) 

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Cooperation on readmission with  Ethiopia  was assessed as insufficient under Article 
25a(2) of Regulation (EC) No 810/2009. Significant improvements in the cooperation 
on  all  the  steps  of  the  readmission  process  are  needed,  including  to  ensure  that 
Ethiopia effectively cooperates on identification and issuance of travel documents, as 
well  as  on  return  operations,  with  all  Member  States  in  a  timely  and  predictable 
manner. 

There  are  persistent  challenges  in  the  identification  of  Ethiopian  nationals  illegally 
staying  on  the  territory  of  the  Member  States,  due  to  the  lack  of  responses  from  the 
Ethiopian  authorities  to  the  readmission  requests,  difficulties  with  the  issuance  of 
emergency travel documents that are not provided even when the nationality has been 
previously  confirmed,  and  the  organisation  of  return  operations  for  voluntary  and 
forced returns on scheduled and charter flights.  

Taking into account the various steps taken so far by the Commission to improve the 
level  of  cooperation  and  the  Union’s  overall  relations  with  Ethiopia,  Ethiopia’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  Ethiopia  who  are  subject  to  the 
visa requirement pursuant to Regulation (EU) 2018/1806 of the European Parliament 
and of the Council5. The objective is to encourage Ethiopia to undertake the necessary 
actions to improve cooperation on readmission matters.  

OJ L 243, 15.9.2009, p. 1. 
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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(5) 

(6) 

(7) 

(8) 

(9) 

The  provisions  temporarily  suspended  should  be  those  referred  to  in  Article  25a(5), 
point  (a),  of  Regulation  (EC)  No  810/2009:  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 allowing the extension of this period up to a maximum of 45 
days only in individual cases, meaning that 45 days becomes the standard processing 
period,  suspension  of  the  issuing  of  multiple-entry  visas  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 of Article 16(5), point (b). 

This  Decision  should  not  affect  the  application  of  Directive  2004/38/EC  of  the 
European Parliament and of the Council6, which extends the right of free movement to 
family  members  independent  of  their  nationality  when  joining  or  accompanying  the 
Union  citizen.  This  Decision  should  thus  not  apply  to  family  members  of  a  Union 
citizen to whom Directive 2004/38/EC applies or to family members 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 a third country. 

The  measures  provided  for  in  this  Decision  should  be  without  prejudice  to  the 
obligations of the Member States under international law, including as host countries 
of  international  intergovernmental  organisations  or  of  international  conferences 
convened by the United Nations or other international intergovernmental organisations 
hosted  by  Member  States.  Thus,  the  temporary  suspension  should  not  apply  to 
nationals of Ethiopia applying for a visa in so far as necessary for Member States to 
comply  with  their  obligations  as  host  countries  of  such  organisations  or  of  such 
conferences. 

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

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

(10)  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 

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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 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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development of the Schengen acquis8 which fall within the area referred to in Article 
1, point B, of Council Decision 1999/437/EC9. 

(11)  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 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  Council  Decision 
2008/146/EC11 . 

(12)  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  Council 
Decision 2011/350/EU13. 

the  Swiss  Confederation  and 

(13)  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, 
and Article 4(2) of the 2005 Act of Accession, 

HAS ADOPTED THIS DECISION:  

1. 

2. 

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10 
11 

12 
13 

Article 1 

Scope 

This  Decision  shall  apply  to  nationals  of  Ethiopia  who  are  subject  to  the  visa 
requirement pursuant to Regulation (EU) 2018/1806. 

This Decision shall not apply to nationals of Ethiopia who are exempt from the visa 
requirement under Article 4 or Article 6 of Regulation (EU) 2018/1806. 

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). 
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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3. 

4. 

This Decision shall not apply to nationals of Ethiopia applying for a visa and who are 
family members of a Union citizen to whom Directive 2004/38/EC applies or family 
members  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  a 
third country. 

This Decision shall be without prejudice to the cases where a Member State is bound 
by an obligation of international law, namely:  

(a) 

(b) 

as a host country of an international intergovernmental organisation; 

as  a  host  country  to  an  international  conference  convened  by,  or  under  the 
auspices  of,  the  United  Nations  or  other  international  intergovernmental 
organisations hosted by a Member State; 

(c) 

under a multilateral agreement conferring privileges and immunities;  

(d)  pursuant  to  the  1929  Treaty  of  Conciliation  (Lateran  Pact)  concluded  by  the 

Holy See (Vatican City State) and Italy, as last amended. 

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 

EN 

10 

  EN