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 Somalia
Date: 2024-07-23
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Schengen Agreement, Somalia, 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, 23.7.2024  COM(2024) 324 final/2      DOWNGRADED on 23.7.2024 2024/0188 (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 Somalia  
 
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  needed.  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 Somalia 

Somalia’s  cooperation  on  the  readmission  of  its  nationals  who  are  illegally  staying  on  the 
territory  of  the  EU  Member  States  remains insufficient,  as  reported  by  Member  States  and 
substantiated by the low return rate (i.e. the number of returns enforced in comparison  with 
the number of return decisions issued to nationals of the third country2, 4% in 2023) and the 
decreasing  issuance  rate  (i.e.  the  number  of  travel  documents  issued  by  third  countries  in 
comparison to the number of readmission requests submitted by Member States).   

Almost  all  Member  States  face  persistent  challenges  in  establishing  a  meaningful  dialogue 
and engagement with Somalia on readmission, in particular as regards forced returns.  

In the framework of the continuous assessments carried out by the Commission based on data 
and  information  provided  by  Member  States,  discussions  in  the  relevant  Council  Working 
Groups  and  experts  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 related to the identification of Somali nationals, the issuance 
of  emergency  travel  documents  and  the  organisation  of  return  operations.  Long  delays  in 
Somalia’s responses to Member States’ readmission requests, or the lack of responses, make 
the identification process very cumbersome, meaning it very rarely results in the issuance of 
travel documents or in the organisation of return operations. In 2023, a low number of return 
operations were attempted by Member States due to Somalia’s lack of cooperation throughout 
the whole process. 

As a follow up to the previous assessments under Article 25a of the Visa Code, the EU sought 
a  strengthened  engagement  with  Somalia  to  address  obstacles  in  the  cooperation  on 
readmission.  The  EU  has  repeatedly  conveyed  the  need  to  improve  cooperation  on 
readmission to the relevant authorities, both orally and in writing and at political and technical 

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. 
According to Directive  2008/115/EC  of the European Parliament and of the Council  of 16 December 
2008  on  common  standards  and  procedures  in  Member  States  for  returning  illegally  staying  third-
country nationals. 

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levels in Brussels and in Mogadishu. This engagement, however, has not led to the necessary 
improvement in cooperation. 

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

• 

The Union’s overall relations with Somalia 

Somalia is an important partner for the EU in the Horn of Africa region. The EU’s integrated 
partnership with Somalia is framed within the EU’s Horn of Africa Strategy3, which is based 
on social and human development, trade, regional integration, peace and security. According 
to UNHCR, Somalia hosts 30 000 refugees and nearly 3 million internally displaced persons.  

The EU has invested heavily and comprehensively in the stability of Somalia with more than 
EUR 3.5 billion of support for the period 2014-2022. The Government has agreed to a Joint 
Operational  Roadmap4  in  May  2023,  which  lays  down  the  priority  areas  and  serves  as  the 
foundation for engagement between Somalia and the EU. It consists of three pillars, namely, 
Inclusive  Politics  and  Democratisation,  Security  and  Stabilisation,  and  Socio-Economic 
Growth.  

The budget support programme Somalia State and Resilience Building Contract (SRBC) has 
been  instrumental  for  Somalia  to  reach  the  Heavily  Indebted  Poor  Countries  (HIPC) 
Completion Point in December 2023, by addressing the implementation of key reforms, such 
as  improved  cash  management,  public  financial  management  (PFM),  modernisation  of 
customs  and  tax  administration,  and  facilitating  the  clearance  of  Somalia’s  arrears  with  the 
international financial institutions (IFIs).  

The  country  enjoys  duty-free  and  quota-free  access  to  the  European  market  under  the 
Everything But Arms scheme5.   

The  Multiannual  Indicative  Programme  (MIP)  for  Somalia  under  the  Neighbourhood, 
Development  and  International  Cooperation  Instrument6  (NDICI)  for  the  period  2021-2024 
amounts  to  EUR  257  million  and  is  designed  to  address  the  root  causes  of  instability  and 
fragility and advance the state building processes, support inclusive and sustainable economic 
development  and  mitigate  the  impact  of  natural  disasters  and  displacement  on  the  most 
vulnerable groups.  

Somalia  is  a  member  of  the  Intergovernmental  Authority  on  Development  (IGAD)  and  is 
currently  replacing  Sudan  in  the  Steering  Committee  of  the  Khartoum  Process.  On  6  June 
2023,  Somalia  was  elected  as  a  non-permanent  member  of  the  United  Nations  Security 
Council for the period 2025-2026.   

• 

The visa measures 

Scope of measures 

3 
4 
5 

6 

The Horn of Africa: a geo-strategic priority for the EU, Council conclusions 
Priorities for EU-Somalia cooperation (Joint Operational Roadmap), May 2023. 
Regulation  (EU)  No  978/2012  of  the  European  Parliament  and  of  the  Council  of  25  October  2012 
applying  a  scheme  of  generalised  tariff  preferences  and  repealing  Council  Regulation  (EC)  No 
732/2008. 
Multi-annual Indicative Programme (2021-2027), Federal Republic of Somalia.  

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The  Council  Implementing  Decision  should  temporarily  suspend  the  application  of  certain 
provisions of the Visa Code in respect of Somali nationals. The suspension, however, should 
not  apply  to  Somali  family  members  of  (mobile)  EU  citizens  covered  by  Directive 
2004/38/EC7 and to Somali 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.  In  the  same 
vein,  the  suspension  should  not  apply  to  family  members  of  UK  nationals  who  are 
Withdrawal Agreement beneficiaries, provided the family members are entitled to make a visa 
application  under  the  Withdrawal  Agreement  for  joining  the  beneficiary  in  the  Withdrawal 
Agreement host State. 

There is no Member State present or represented in Somalia for the purpose of issuing visas. 
Currently six Member States do not recognise any travel document issued by Somalia, and a 
further seven only recognise diplomatic or service passports. A visa cannot be affixed to non-
recognised passports for travel to the respective Member State(s). If a Member State affixes a 
visa to a Somali travel document that it recognises, that visa is valid only for the territory of 
the  Member  States  recognising  the  travel  document  and  not  for  the  entire  Schengen  area. 
Somali  nationals  holding  non-recognised  travel  documents  would  therefore  need  to  obtain 
travel  documents  issued  by  another  country  if  they  plan  to  travel  to  (a)  non-recognising 
Member  State(s).  Non-recognising  Member  States  may  also  affix  a  visa  with  limited 
territorial  validity  to  a  separate  sheet,  but  this  solution  is  rarely  used  in  practice  as  visa 
applications based on a non-recognised travel document are usually considered inadmissible, 
unless there are exceptional circumstances justifying travel (e.g., humanitarian reasons). 

In 2022, Somali nationals lodged 1600 visa applications and 2600 in 2023, resulting in 1000 
and 1600 visas being issued in the two years, respectively.  

Content of the visa measures   

Somalia’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 (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  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 

7   

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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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. 

• 

Consistency with other Union policies 

The EU promotes a comprehensive approach on migration and forced displacement, based on 
shared values and responsibilities, ensuring respect of all fundamental rights and obligations 
in line with the EU Charter of Fundamental Rights. One of the pillars of the Pact on Migration 
and  Asylum  adopted  in  May  2024,  offering  a  comprehensive  approach  that  aims  at 
strengthening and integrating key EU policies on migration, asylum, border management and 
integration,  is  embedding  migration  in  international  partnerships  to  prevent  irregular 
departures, fight migrant smuggling, cooperate on readmission and promote legal pathways.  

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 measures8. 

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). 

Subsidiarity (for non-exclusive competence)  

• 

n.a 

8 

EUCO 22/21 (17). 

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• 

Proportionality 

The  proposed  measures,  the  purpose  of  which  is  to  improve  Somalia’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 

Stakeholder consultations 

Collection and use of expertise 

Impact assessment 

Regulatory fitness and simplification 

3. 

• 

n.a. 

• 

n.a.  

• 

n.a. 

• 

n.a. 

• 

n.a. 

• 

Fundamental rights 

The  proposed  measures  do  not  affect  the  possibility  to  apply  for  and  be  granted  visas  and 
respect all 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 Somalia 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. 

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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 
the relevant third country, on the other. Family members of UK nationals who are Withdrawal 
Agreement beneficiaries are also exempted from the scope of the proposed decision, provided 
the family members are entitled to make a visa application under the Withdrawal Agreement 
for joining the beneficiary in the Withdrawal Agreement host. 

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

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

– 

– 

– 

– 

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 90 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 specifies that the measures enter into force on the date of notification of the Decision 
to Member States. 

Article  4  contains  the  list  of  addressees  of  the  proposed  decision,  i.e.  the  relevant  Member 
States. 

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2024/0188 (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 Somalia 

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

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

Cooperation  on  readmission  with  Somalia  was  assessed  as  insufficient  under  Article 
25a(2) of Regulation (EC) No 810/2009. Significant improvements are needed in the 
cooperation  on  all  the  steps  of  the  readmission  process,  including  to  ensure  that 
Somalia  effectively  cooperates  on  identification,  issuance  of  emergency  travel 
documents  and  return  operations  in  a  timely  and  predicable  manner,  for  both  forced 
and voluntary returns.  

(2)  With very few exceptions, Member States face persistent challenges, due to the lack of 
clear interlocutors and the lack of responses to requests for readmission and issuance 
of emergency travel documents, in particular as regards forced returns.   

(3) 

(4) 

(5) 

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10 

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

The  application  of  certain  provisions  of  Regulation  (EC)  No  810/2009  should 
therefore  be  temporarily  suspended  for  nationals  of  Somalia  who  are  subject  to  the 
visa requirement pursuant to Regulation (EU) 2018/1806 of the European Parliament 
and  of  the  Council10.  The  objective  is  to  encourage  Somalia  to  undertake  the  actions 
necessary to improve cooperation on readmission matters. 

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 

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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(6) 

(7) 

(8) 

(9) 

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,  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  same  applies  with  regard  to  family  members  of  UK  nationals  who  are 
beneficiaries  of  the  Agreement  on  the  withdrawal  of  the  United  Kingdom  of  Great 
Britain  and  Northern  Ireland  from  the  European  Union  and  the  European  Atomic 
Energy  Community11  (Withdrawal  Agreement),  provided  the  family  member  is 
entitled to join the Withdrawal Agreement beneficiary in the host State and applies for 
a visa for this purpose. 

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 Somalia  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.  

This  Decision  should  not  affect  the  possibility  of  applicants  to  apply  for  and  be 
granted  visas  in  full  respect  of  the  Charter  of  Fundamental  Rights  of  the  European 
Union. 

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.    

(10)  This Decision does not constitute a development of provisions of the Schengen acquis 
in  which  Ireland  takes  part  in  accordance  with  Council  Decision  2002/192/EC12; 
Ireland is therefore not taking part in the adoption of this Decision and is not bound by 
it or subject to its application. 

(11)  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  letters’  association  with  the  implementation,  application  and 

11 

12 

Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the 
European Union and the European Atomic Energy Community (OJ L 29, 31.1.2020, p. 7). 
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 acquis13 which fall within the area referred to in Article 
1, point B, of Council Decision 1999/437/EC14. 

(12)  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 acquis15  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/EC16 . 

(13)  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 acquis17  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/EU18. 

the  Swiss  Confederation  and 

(14)  As regards Cyprus, this decision constitutes an act building upon, or otherwise relating 
to,  the  Schengen  acquis  within  the  meaning  of  Article  3(2)  of  the  2003  Act  of 
Accession, 

HAS ADOPTED THIS DECISION:  

1. 

2. 

13 
14 

15 
16 

17 
18 

Article 1 

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

This Decision shall not apply to nationals of Somalia who are exempt from the visa 
requirement under Article 4(2) of Regulation (EU) 2018/1806 or for whom Member 
States  have  provided  for  exceptions  from  the  visa  requirement  in  accordance  with 
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. 

This Decision shall not apply to nationals of Somalia and who are:  

(a) 

(b) 

(c) 

family  members  of  a  Union  citizen  to  whom  Directive  2004/38/EC  applies 
when accompanying or joining the Union citizen 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 or  

family members of a UK national who is a Withdrawal Agreement beneficiary, 
provided  the  family  members  are  entitled  to  join  the  Withdrawal  Agreement 
beneficiary in the host State and applies for a visa for this purpose. 

4. 

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. 

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

Article 2 

(a) 

(b) 

(c) 

(d) 

Article 14(6); 

Article 16(5), point (b); 

Article 23(1);  

Article 24(2) and (2c). 

This Decision shall take effect on the date of its notification. 

Article 3 

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Article 4 

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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