Proposal for a COUNCIL IMPLEMENTING DECISION suspending the application of certain provisions of Regulation (EC) 810/2009 of the European Parliament and of the Council with respect to Guinea
Date: 2025-07-15
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Guinea, Schengen Agreement, administrative cooperation, admission of aliens, application of EU law, external border of the EU, foreign national, illegal migration, return migration

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   EUROPEAN COMMISSION  Brussels, 15.7.2025  COM(2025) 413 final 2025/0228 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION suspending the application of certain provisions of Regulation (EC) 810/2009 of the European Parliament and of the Council with respect to Guinea  
 
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  must  at  least  once  a 
year, assess third countries' cooperation on readmission and report to the Council.  

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  EU’s  overall  relations 
with  the  third  country  concerned,  including  in  the  field  of  migration,  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,  is  to  submit  a  proposal  for  a  Council  implementing  decision  temporarily 
suspending  the  application  of  certain  provisions  of  the  Visa  Code  in  respect  of  nationals  of 
that  third  country.  At  all  times,  the  Commission  is  to  continue  its  efforts  to  improve 
cooperation with the third country concerned.   

• 

The case of Guinea 

In July 2017, the EU concluded a readmission arrangement with Guinea (“Good practices for 
the  efficient  operation  of  the  return  procedure”).  Since  then,  seven  Joint  Working  Group 
meetings  took  place  to  monitor  the  implementation  of  the  arrangement,  the  last  one  on  19 
December 2024. Due to the political situation in the country, engagement was put on hold in 
September  2021  and  resumed  in  December  2023.  Even  though  the  Guinean  authorities 
reaffirmed their intention to cooperate on readmission, they were not ready to commit to most 
of  the  concrete  actions  proposed  by  the  EU  to  address  the  challenges  in  the  operational 
cooperation. The issue of readmission cooperation was addressed at political level in Conakry 
during a meeting between the EU Ambassador in Guinea and the Minister of Foreign Affairs, 
the Minister of the Interior and the Prime Minister on 15 October 2024 as well as in Brussels 
during several high-level meetings, like the visit of the Guinean Minister of Foreign Affairs 
on  23  October  2023,  Commission/  EEAS  meetings  with  the  Guinean  Ambassador  and  the 
Minister of Foreign Affairs on 31 May and 26 June 2024, respectively.  

Despite  the  existing  readmission  arrangement  and  the  efforts  to  intensify  engagement  on 
readmission, cooperation has remained insufficient for most Member States and significantly 
deteriorated from the end of 2023 and throughout the 2024 assessment period. At the 6th and 
7th Joint Working Group Meetings in July and December 2024, the European Union conveyed 
to Guinea clear messages about the need to improve cooperation and to fully implement the 
readmission  arrangement, 
the 
identification  of  Guineans  with  no  right  to  stay  in  the  EU  and  to  swiftly  issue  emergency 
travel documents upon positive identification for both voluntary and forced returns within the 
deadlines  of  the  readmission  arrangement.  A  list  of  pending  readmission  requests  from  13 
Member  States  and  one  Schengen-associated  country  was  handed  over  to  the  Guinean 
authorities.  These  steps  did  not  lead  to  an  improvement  in  cooperation  during  the  reporting 
period.  

the  agreed  procedures  for 

to  effectively 

implement 

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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Guinea’s  cooperation  on  readmission  of  its  nationals  found  to  be  illegally  staying  on  the 
territory of the Member States is insufficient, as substantiated by a return rate2 of 3% in 2024 
which is a decrease from 5% in 2023, by the significantly decreasing quality of cooperation in 
the identification procedure, by a decline in the issuance rate of emergency travel documents3 
and by the clear deterioration of cooperation regarding return operations. During the reporting 
period, Member States faced persistent and increasing challenges in effectively implementing 
the readmission arrangement with Guinea, in particular as regards undocumented cases.  The 
insufficient level of cooperation of Guinea  often also infringes upon the readmission-related 
provisions of the Samoa Agreement4, provisionally applicable as of 1 January 2024, including 
to  Guinea,  notably  regarding  the  timeframe  for  issuance  of  emergency  travel  documents 
following the presentation of a request for identification.   

In the framework of continuous assessments carried out by the Commission since 2020 and 
based  on  data  and  information  provided  by  Member  States,  discussions  in  the  relevant 
Council  Working  Groups  and  expert  group  meetings,  as  well  as  assessments  by  other  EU 
institutions,  bodies,  offices  and  agencies,  Member  States  reported  a  number  of  persistent 
issues that hamper the different steps of the readmission process, including the identification 
of Guinean nationals, the issuance of travel documents and return operations. This has led to a 
very considerable backlog of cases for Member States.  

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,  it  is  considered  that  Guinea’s 
cooperation with the EU on readmission is not sufficient. 

• 

The Union’s overall relations with Guinea 

Guinea is one of the major countries of departure of irregular migrants to the EU. Despite a 
considerable  decrease  in  irregular  arrivals  to  the  EU  compared  to  2023,  in  2024  Guineans 
were  still  the  eigth-largest  identified  nationality  among  the  assessed  countries,  with  8 388 
irregular arrivals.  

The EU and Guinea maintain relations in the political, economic, trade and cooperation fields. 
These relations are now based on the Samoa Agreement between the European Union and its 
Member States and the Organisation of African, Caribbean and Pacific States. 

The EU is Guinea’s largest market and supplier and remains a major economic partner.   

In  the  area  of  trade,  cooperation  between  Guinea  and  the  EU  is  governed  by  the  EU’s 
Generalised Scheme of Preference (GSP)5. To note that the Economic Partnership Agreement 
(EPA), adopted with countries in West Africa in July 2014, has not yet entered into force.  

2 The  return  rate  is  the  number  of  third-country  nationals  effectively  returned  following  an  order  to  leave  the 
Union, as a percentage of the nunber of third-country nationas issued a return decision. 
3 The issuance rate of emergency travel documents is the number of travel document issued by third countries, as 
a percentage of the number of readmission requests submitted by Member States. 
4  Partnership Agreement between the European Union and its Member States, of the one part, and the Members 
of  the  Organization  of  the  African,  Caribbean  and  Pacific  States,  of  the  other  part,  OJ  L,  2023/2862, 
28.12.2023. 

5  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,  OJ  L  303, 
31.10.2012, p. 1. 

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The geopolitical  orientations  of Guinea should also  be considered with  a  view to  a possible 
impact on migration issues.   

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

• 

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 Guinean nationals. The suspension, however, should 
not  apply  to  Guinean  family  members  of  (mobile)  EU  citizens  covered  by  Directive 
2004/38/EC6  and  to  Guinean  family  members  of  third  country  nationals  enjoying  a  right  of 
free movement  equivalent  to  that of  EU citizens under  an  agreement between the  European 
Union and its Member States, on the one hand, and the third country concerned, on the other.  

Content of the visa measures   

Guinea’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 must 
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 
there  has  been  a  substantial  and  sustained  improvement  in  the  cooperation  with  the  third 
country concerned on readmission and, taking also account of the EU’s overall relations with 
that  third  country,  may  either  withdraw  proposals  not  adopted  by  the  Council  or  submit  a 
proposal  to  the  Council  to  repeal  or  amend  the  implementing  decision.  If,  by  contrast, 

6  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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readmission  cooperation  remains  insufficient,  the  Commission  will  consider  triggering  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.  

The EU promotes a comprehensive approach on migration and forced displacement, based on 
shared values and responsibilities. The Pact on Migration and Asylum of May 2024 offers a 
comprehensive  approach  that  aims  at  strengthening  and  integrating  key  EU  policies  on 
migration,  asylum,  border  management  and  integration,  and  one  of  its  pillars  is  embedding 
migration  in  international  partnerships  to  prevent  irregular  departures,  fight  migrant 
smuggling, cooperate on readmission and promote legal pathways. 

• 

Consistency with other Union policies 

The cooperation between Member States  and third countries on the readmission of illegally 
staying  third  country  nationals  is  an  important  element  of  the  EU’s  external  relations.  To 
reinforce such  comprehensive partnerships  and ensure full cooperation from  third countries, 
the  European  Council  has  consistently  called  for  the  EU  to  mobilise  all  available  tools, 
including  development  co-operation,  trade  or  visa  measures7.  In  considering  possible 
restrictive visa measures, Article 25a of the Visa Code requires the Commission to take into 
account the EU’s overall relations with the third country concerned, including in the field of 
migration. 

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  Guinea’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. 

7 

EUCO 22/21 (17) 

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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 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 Guinea 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. 

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Article 2 sets out that that the application of the following provisions of the Visa Code shall 
be  temporarily  suspended  for  nationals  of  Guinea  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  contains  the  list  of  addressees  of  the  proposed  decision,  i.e.  the  relevant  Member 
States. 

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2025/0228 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

suspending the application of certain provisions of Regulation (EC) 810/2009 of the 
European Parliament and of the Council with respect to Guinea 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having  regard  to  Regulation  (EC)  No  810/2009  of  the  European  Parliament  and  of  the 
Council  of  13  July  2009  establishing  a  Community  Code  on  Visas  (Visa  Code)8,  and  in 
particular Article 25a(5), point (a), thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  level  of  cooperation  of  Guinea  with  Member  States  on  the  readmission  of 
irregular migrants was assessed under Article 25a(2) of Regulation (EC) No 810/2009, 
and Guinea was considered not cooperating sufficiently. Significant improvements are 
needed  in  the  cooperation  on  all  the  steps  of  the  readmission  process,  including  to 
ensure  that  Guinea  effectively  cooperates  on  identification,  issuance  of  emergency 
travel documents and return operations in a timely and predictable manner, in line with 
the readmission arrangement.  

Persistent  challenges  are  present  as  regards  the  identification  and  return  of  Guinean 
nationals illegally staying on the territory of Member States, due to a lack of response 
and  follow  up  from  the  Guinean  authorities  to  readmission  requests  for  documented 
and undocumented cases as well as difficulties with the issuance of emergency travel 
documents  that  are  often  not  provided  even  in  cases  where  the  nationality  has  been 
previously confirmed and with the organisation of return operations on scheduled and 
charter  flights.  With  regard  to  those  challenges,  it  should  also  be  considered  that 
Guineans are the eigth-largest identified nationality in terms of irregular arrivals to the 
Union  among  the  countries  assessed  under  Article  25a(2)  of  Regulation  (EC)  No 
810/2009, and a considerable backlog of readmission cases has been formed. 

Taking into account the various steps taken so far by the Commission to improve the 
level  of  cooperation  of  Guinea  in  the  field  of  readmission  and  the  Union’s  overall 
relations  with  that  third  country,  the  Commission  considers  that  Guinea  is  not 
cooperating sufficiently and that action is therefore needed. 

The  application  of  certain  provisions  of  Regulation  (EC)  No  810/2009  should 
therefore be suspended for nationals of Guinea who are subject to the visa requirement 
pursuant  to  Regulation  (EU)  2018/1806  of  the  European  Parliament  and  of  the 

8 

OJ L 243, 15.9.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/810/oj. 

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(5) 

(6) 

(7) 

(8) 

Council9. The objective is to encourage Guinea to undertake the actions necessary to 
improve cooperation on readmission matters.  

In  accordance  with  Article  25a(5),  point  (a),  of  Regulation  (EC)  No  810/2009,  it  is 
appropriate  to  lay  down  a  suspension  of  the  possibility  of  waiving  the  requirements 
regarding the documentary evidence to be submitted by visa applicants referred to in 
Article 14(6), 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 an 
extension of that period up to a maximum of 45 days only in individual cases, meaning 
that 45 days should become the standard processing period), of the issuing of multiple-
entry  visas  in  accordance  with  Article  24(2)  and  (2c),  and  of  the  optional  visa  fee 
waiver  for  holders  of  diplomatic  and  service  passports  in  accordance  with  Article 
16(5), point (b). 

This  Decision  should  not  affect  the  application  of  Directive  2004/38/EC  of  the 
European Parliament and of the Council10, which extends the right of free movement 
to family members irrespective 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  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  suspension  should  not  apply  to  nationals  of 
Guinea 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.    

(9) 

This Decision constitutes a development of the provisions of the Schengen acquis in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC11; 

9 

10 

11 

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), ELI: http://data.europa.eu/eli/reg/2018/1806/oj. 
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, ELI: http://data.europa.eu/eli/dir/2004/38/oj). 
Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some 
20, 
of 
ELI: http://data.europa.eu/eli/dec/2002/192/oj). 

provisions 

Schengen 

7.3.2002, 

acquis 

(OJ 

64, 

the 

the 

of 

p. 

L 

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8 

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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 
development of the Schengen acquis12 which fall within the area referred to in Article 
1, point B, of Council Decision 1999/437/EC13. 

(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 acquis14  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/EC15 . 

(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  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 
development of the Schengen acquis16 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/EU17. 

the  Swiss  Confederation  and 

(13)  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, 

12 
13 

14 
15 

16 
17 

OJ L 176, 10.7.1999, p. 36, ELI: http://data.europa.eu/eli/agree_internation/1999/439(1)/oj. 
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 
(OJ  L  176,  10.7.1999,  p.  31, 
the  Schengen  acquis 
ELI: http://data.europa.eu/eli/dec/1999/437/oj). 
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 
1, 
ELI: http://data.europa.eu/eli/dec/2008/146/oj). 
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, ELI: http://data.europa.eu/eli/dec/2011/350/oj). 

27.2.2008, 

Schengen 

acquis 

(OJ 

53, 

the 

of 

p. 

L 

EN 

9 

  EN 

 
HAS ADOPTED THIS DECISION:  

1. 

2. 

3. 

4. 

Article 1 

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

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

This Decision shall not apply to nationals of Guinea applying for a visa and who are 
family  members  of  a  Union  citizen  to  whom  Directive  2004/38/EC  applies  or  of  a 
national  of  a  third  country  enjoying  a  right  of  free  movement  equivalent  to  that  of 
Union citizens under an agreement between the Union and 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. 

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). 

Article 3 

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, 

EN 

For the Council 
The President 

10 

  EN