CELEX: 52013PC0441
Language: en
Date: 2013-06-21
Title: Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by Croatia and Cyprus of certain documents as equivalent to their national visas for transit through or intended stays on their territories not exceeding 90 days in any 180-day period and repealing Decision No 895/2006/EC and Decision No 582/2008/EC of the European Parliament and the Council

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		52013PC0441
		
			Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by Croatia and Cyprus of certain documents as equivalent to their national visas for transit through or intended stays on their territories not exceeding 90 days in any 180-day period and repealing Decision No 895/2006/EC and Decision No 582/2008/EC of the European Parliament and the Council /* COM/2013/0441 final - 2013/0210 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
On 1 July 2013 Croatia will accede to the
European Union. For Croatia, as for the previous 2004 and 2007 enlargements,
the so-called "Schengen two-phase implementation process" has been
followed in matters related to the Schengen acquis (Article 4 of the Act
concerning the conditions of accession of the Republic of Croatia and the
adjustments to the Treaties on which the European Union is founded
(hereinafter: the 2012 Act of Accession)). This implies that Croatia, as previous accession countries, has to apply, from the date of accession the
provisions of Regulation (EC) 539/2001[1]
and thus, to subject third-country nationals listed in its Annex I to a visa
requirement.
Croatia, as the countries who acceded to the
European Union in 2004 and 2007, has this obligation even if the persons
concerned hold a uniform visa, a long-stay visa or a residence permit issued by
a Schengen Member State, as indeed, other Schengen provisions will not apply to
Croatia from the date of its accession, such as:
-the Schengen mutual recognition rules laid
down in Articles 18 and 21 of the Schengen Implementing Convention[2] and in Article 5(4)(a) of
Regulation (EC) No 562/2006
(Schengen Borders Code)[3], according to which aliens who hold valid
residence permits or valid long-stay visas issued by one of the Schengen Member
States may move freely for short stays within the territories of the other
Member States,
- the provisions on
uniform visas issued laid down in Article 2(3) of Regulation (EC) No 810/2009
(Visa Code)[4],
according to which uniform visas are valid for the entire territory of the Schengen
Member States.
In addition, the national visas issued by
other EU Member States, who are not Schengen Member States yet (Cyprus), are also not valid for the territory of Croatia.
To avoid imposing
unnecessary administrative burdens on the countries who acceded to the European
Union in 2004 and 2007, by way of derogation from Regulation 539/2001, Decisions
No 895/2006/EC[5] and No 582/2008/EC[6] authorised the optional
unilateral recognition by the new Member States not yet fully implementing the
Schengen acquis of uniform visas, long-stay visas and residence permits issued
by Schengen Member States as well as of national short-stay
visas, long-stay visas and residence permits issued by other Member States not
yet fully implementing the Schengen acquis for the
purpose of transit not exceeding five days. In addition,
Decision No 896/2006/EC[7]
authorised new Member States to recognise residence permits issued by Switzerland and Liechtenstein who were not yet part of the Schengen area without internal borders for the purpose of transit not exceeding five days. 
Persons holding such
documents have already passed a strict screening process by the issuing Schengen State and are not considered a threat to public policy or a risk in terms of
illegal immigration by that State. Such a regime of unilateral recognition does
not affect the acceding countries’ obligation to refuse entry of a person for
whom an alert has been issued in its national data base
for the purposes of refusing entry in accordance with
Article 5(1) of the Schengen Borders Code.
Similarly, by way of derogation from
Regulation 539/2001, this proposal aims at introducing an optional regime based
on common rules authorising Croatia on a transitional basis until its full
application of the Schengen acquis to unilaterally recognise as
equivalent to their national visas, uniform visas, long-stay visas and
residence permits issued by Schengen Member States, as well as similar
documents issued by Member States not yet fully implementing the Schengen acquis
(Cyprus). However this authorisation is not limited to the purpose of transit
not exceeding five days as in Decisions 895/2006 and 582/2008, but is valid for
both transit through or intended stays on its territory
not exceeding 90 days in any 180-day period. In fact, at
the time of the adoption of the aforementioned Decisions the then applicable
Common consular instructions on visas for the diplomatic missions and consular
posts still foresaw the distinction between "transit visas" and
"short-stay" visas. This distinction was abolished by 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), so that the aforementioned limitation is
not appropriate anymore.
The above-mentioned previous transit
decisions adopted at the occasion of the last two EU enlargements dealt only
with uniform Schengen visas, i.e. visa allowing to circulate within the
Schengen area. The visas with limited territorial validity (LTVs) were excluded
from the scope of these previous decisions. However, currently the issue of
Kosovo* (as defined by the UN Security Council Resolution 1244 of 10.06.1999.) not
recognised by all the Schengen States must be addressed. 
There is an essential difference between visas
with limited territorial validity which in principle are only valid for the
territory of the issuing Member State, and such visas issued for the citizens
of Kosovo (in accordance with Article 25 (3) first sentence of the Visa Code)
which allow to circulate in all Schengen Member States except those few Member
States that do not recognise Kosovo. This specific characteristic justifies
bringing these LTVs within the application of the regime of unilateral
recognition, also because in this case there is no real threat of irregular
migration or security risks for the Schengen area. 
The extension of the unilateral recognition
regime by a Union instrument would not impose any new obligations on Croatia in addition to those listed in the 2012 Act of Accession. It would thus not
constitute a derogation from this Accession Treaty. The proposed regime would
be implemented on an optional basis: Croatia would have the possibility either
to implement the proposed regime or to continue issuing national visas as required
by the Accession Treaty. Should Croatia opt for the implementation of the
common regime, Croatia would have to accept the documents issued by any Schengen Member  State, thus avoiding any distinction as regards the issuing Member State.
In this context, it should be recalled that
until the date of accession, on the basis of its national legislation, Croatia accepts valid Schengen visas, long stay visas and residence permits issued by
Schengen States for entry and stay or transit through its territory.
The current proposal repeals No 895/2006/EC
and No 582/2008/EC. With regard to those Member States to whom these decisions
were addressed who have meanwhile become Schengen Member States these Decisions
have become obsolete (all but Cyprus)[8].
With regard to Cyprus, which fully implements the common regime established by
Decision No 895/2006/EC since 10 July 2006 and that established by Decision No
582/2008/EC since 18 July 2008, the current proposal foresees that this regime
shall be replaced by a regime that authorises Cyprus, like Croatia, to
unilaterally recognise the short-stay visas, long-stay visas and residence
permits issued by Schengen Member States as well as of national
short-term visas, long-term visas and resident permits issued by Member States
not yet fully implementing the Schengen acquis (Croatia) for transit through or intended stays on their territories not exceeding
90 days in any 180-day period[9].
The current proposal foresees that Cyprus, like Croatia, is authorised to recognise visas and residence permits by the countries
associated with the implementation, application and development of the Schengen
acquis.
This regime will be applicable until the end
of the transitional period and the full participation of the Member States
concerned in the area without internal borders, date from which the mutual
recognition of such documents becomes compulsory under Articles 18 and 21 of
the Schengen Implementing Convention, Article 5(2) of the Schengen Borders Code
and the Visa Code.
3.           LEGAL ELEMENTS OF THE PROPOSAL
Summary
The main elements of this proposal can be
summarised as follows:
-          common
rules authorising Croatia and
Cyprus on a transitional basis to unilaterally recognise uniform visas,
long-stay visas, visas with limited territorial validity issued to citizens of
Kosovo in accordance with Article 25 (3) first sentence of the Visa Code and
residence permits issued by Schengen Member States as well as similar documents
issued by each other as equivalent to its national visas for transit through or intended stays on its territory not exceeding 90
days in any 180-day period;
-          The
unilateral recognition regime introduced by the current proposal must be
limited to documents whose validity would cover the whole duration of the short
stay in Croatia and Cyprus. In this context and having in mind the problems faced in the past (Decisions
895/2006 and 582/2008) by third country nationals, holders of one entry uniform
visa when travelling back from their stay into the Schengen area with a visa
which was not valid anymore, the current proposal should limit the unilateral
recognition regime to uniform visas authorising two or multiple entries into the Schengen area.
-          Member
States addressed by this Decision have to communicate their decision on the use
of the authorisation to the Commission. The Commission will publish this information in the Official
Journal of the European Union and ensure in this way that the whole system
is transparent;
-          repeal of
Decision No 895/2006/EC and Decision No 582/2008/EC.
* This designation
is without prejudice to positions on status, and is in line with UNSCR
1244/1999 and the ICJ Opinion on the Kosovo Declaration of Independence"
Legal basis
The proposed Decision is based on Article 77(2)(a)
and (b) of the Treaty on the Functioning of the European Union, as it
constitutes a measure concerning the common policy on visas and other
short-stay residence permits as well as the checks to which persons crossing
external borders are subject. This instrument will be adopted under the
ordinary legislative procedure.
Insofar as the proposed decision should be
addressed to Croatia, this proposal is subject to the entry into force of the
Treaty between the Member States of the European Union and the Republic of Croatia concerning the Accession of the Republic of Croatia to the European Union[10].
Subsidiarity principle
Article 5(3) of the Treaty on European Union
states that, in areas which do not fall within its exclusive competence, the
Union shall act only if and in so far as the objective of the proposed action
cannot be sufficiently achieved by the Member States, but can rather, by reason
of the scale or effects of the proposed action, be better achieved at Union
level. As the objective pursued by this proposal requires derogation from
existing Union law it can only be attained through action at Union level.
Proportionality principle
Article 5(4) of the Treaty on European
Union states that the content and form of Union action must not exceed what is
necessary to achieve the objectives of the Treaties. The form chosen for this
action must enable the proposal to achieve its objective and be implemented as
effectively as possible. As to the content, this initiative temporarily
authorises the Member States concerned to derogate from
their obligations under Council Regulation (EC) No 539/2001 by unilaterally recognising visas and residence permits issued
by states fully implementing the Schengen acquis, during their period of
validity, for transit through or intended stays on its
territory not exceeding 90 days in any 180-day period. The
entry and stay on the territories of the Member States concerned of persons
holding visas or residence permits issued by states fully implementing the
Schengen acquis or Croatia or Cyprus do not represent any risk as they
have been subject to the applicable controls by the state that issued the visa
or residence permit. The proposed unilateral derogation from Regulation (EC) No
539/2001 is therefore justified in order to avoid imposing unnecessary
administrative burdens on the Member States concerned. Also, it applies only
during a transitional period until the date of the Member States' concerned
full integration into the common area without internal borders, date from which
the mutual recognition regime becomes compulsory. Furthermore, the derogation
is optional, thus not imposing on the Member States concerned any obligations
additional to those laid down by the applicable Acts of Accession. The proposal therefore complies with the proportionality principle.
It takes the form of a Decision, likewise the similar instruments adopted for
the Member States acceding to the EU in 2004 and 2007.
5.           CONSEQUENCES OF THE VARIOUS PROTOCOLS
ANNEXED TO THE TREATIES AND OF THE ASSOCIATION AGREEMENTS CONCLUDED WITH THIRD
COUNTRIES
The legal basis for this proposal is to be
found in Title V of Part Three of the Treaty on the Functioning of the European
Union, with the result that the system of ‘variable geometry’, provided for in
the Protocol on the position of Denmark, the Protocol on the position of the
United Kingdom and Ireland in respect of the area of freedom, security and
justice, and the Protocol on the Schengen acquis integrated into the
framework of the European Union, annexed to the Treaty on European Union and to
the Treaty on the Functioning of the European Union, applies. It follows that Denmark, the United Kingdom and Ireland are not taking part in its adoption, bound by it or subject
to its application. The latter also follows from the fact that the proposed
decision is addressed exclusively to Member States that are bound by the
Schengen acquis without yet applying it.
Because the proposed decision is addressed exclusively
to Member States that are bound by the Schengen acquis without yet
applying it, this proposal does not constitute a development of the provisions
of the Schengen acquis within the meaning of the respective association
agreements with Norway, Iceland, Switzerland and Liechtenstein. It therefore
does not bind the aforementioned countries. However, for
the coherence and proper functioning of the Schengen system, this Decision also
covers visas and residence permits issued by the countries associated with the
implementation, application and development of the Schengen acquis.
2013/0210 (COD)
Proposal for a
DECISION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
introducing a simplified regime for the
control of persons at the external borders based on the unilateral recognition
by Croatia and Cyprus of certain documents as equivalent to their national
visas for transit through or intended stays on their territories not exceeding
90 days in any 180-day period
 and 
repealing Decision No 895/2006/EC and Decision No 582/2008/EC of the European
Parliament and the Council 
THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 77 (2) (a) and (b)
thereof,
Having regard to the proposal from the
European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)       Pursuant
to Article 4(1) of the 2012 Act of Accession, Croatia, which acceded to the
Union on 1 July 2013, is required from that date to subject nationals of third
countries, which are listed in Annex I to Council Regulation (EC) No 539/2001
of 15 March 2001 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[11],
to a visa obligation.
(2)       According
to Article 4(2) of the 2012 Act of Accession, the provisions of the Schengen acquis
on the conditions and criteria for issuing uniform visas, as well as the
provisions on mutual recognition of visas and on the equivalence between
residence permits/long stay visas and short stay visas, apply in Croatia only
pursuant to a Council decision to that effect. However, they are binding on that
  Member State from the date of accession.
(3)       Croatia is therefore required to issue national
visas for entry into or transit through their territory to third country
nationals holding a uniform visa or long-stay visa or residence permit issued
by a Member State fully implementing the Schengen acquis as well as
similar documents issued by Cyprus.
(4)       The
holders of documents issued by those Member States as well as documents issued by
 Cyprus do not represent any risk for Croatia as they have been subjected to
all necessary controls by those States. In order to avoid imposing unjustified
additional administrative burdens on Croatia, common rules should be adopted authorising Croatia to recognise unilaterally certain documents issued by those Member States as
equivalent to its national visas and to establish a simplified regime for the
control of persons at the external borders based on that unilateral
equivalence.
(5)       The
common rules introduced by Decision No 895/2006/EC and by Decision No 582/2008/EC should be repealed .
With regard to Cyprus, which implements the common regime established by
Decision No 895/2006/EC since 10 July 2006 and that established by Decision No
582/2008/EC since 18 July 2008, common rules should be adopted authorising Cyprus,
like Croatia, to recognise
unilaterally certain documents issued by Member States fully implementing the
Schengen acquis as well as similar documents issued by Croatia, as
equivalent to its national visas and to establish a simplified regime for the
control of persons at the external borders based on that unilateral equivalence.
(6)       The
simplified regime laid down in this Decision should apply for a transitional
period, until the date to be determined in a Council decision as referred to in
the first subparagraph of Article 3(2) of the 2003 Act of Accession in respect
of Cyprus and the first subparagraph of Article 4(2) of the 2012 Act of
Accession in respect of Croatia.
(7)       Participation
in the simplified regime should be optional, without imposing on the Member
States obligations additional to those laid down by the 2003 Act of Accession and
the 2012 Act of Accession.
(8)       The
common rules should apply to short-term uniform visas, long-stay visas and
residence permits issued by Member States fully implementing the Schengen acquis,
visas with limited territorial validity issued in accordance with Article
25 (3) first sentence of the Visa Code and by the countries associated with the
implementation, application and development of the Schengen acquis as
well as to short-term visas, long-term visas and residence permits issued by
Croatia and Cyprus. The recognition of a document should be limited to the
period of validity of the document. 
(9)       The
entry conditions laid down in Article 5(1) of Regulation (EC) No 562/2006 of
the European Parliament and of the Council of 15 March 2006 establishing a
Community Code on the rules governing the movement of persons across borders
(Schengen Borders Code)[12]
have to be fulfilled, with the exception of the condition laid down in Article
5(1)(b) thereof, insofar as this Decision sets up a regime of unilateral
recognition by Croatia and Cyprus of certain documents issued by Member States
fully implementing the Schengen acquis as well as similar documents
issued by Croatia and Cyprus for transit through or
intended stays on their territories not exceeding 90 days in any 180-day period.
(10)     Since
the objective of this Decision, namely the introduction of a regime of
unilateral recognition by Croatia and Cyprus of certain documents issued by
other States, cannot be sufficiently achieved by Member States and can,
therefore be better achieved at Union level, the Union may adopt measures, in
accordance with the principle of subsidiarity as set out in Article 5 of the
Treaty on European Union. In accordance with the principle of proportionality,
as also set out in that Article, this Decision does not go beyond what is necessary
in order to achieve that objective.
(11)     As regards Iceland and
Norway, this Decision does not constitute a development of the Schengen acquis
within the meaning of the Agreement concluded by the Council of the European
Union and by the Republic of Iceland and the Kingdom of Norway concerning the
latters’ association with the
implementation, application and development of the Schengen acquis,[13] as it is
addressed only to Croatia and Cyprus, which are not yet fully implementing the
Schengen acquis. 
(12)     As regards Switzerland,
this Decision does not constitute a development of the provisions of the
Schengen acquis within the meaning of the Agreement between the European
Union, the European Community and the Swiss Confederation on the Swiss
Confederation's association with the implementation, application and
development of the Schengen acquis,[14]
as it is addressed only to Croatia and Cyprus, which are not yet fully
implementing the Schengen acquis.
(13)     As regards Liechtenstein,
this Decision does not constitute a development of the Schengen acquis within
the meaning of the Protocol between the European Union, the European Community,
the Swiss Confederation and the Principality of Liechtenstein on the accession
of the Principality of Liechtenstein to the Agreement between the European
Union, the European Community and the Swiss Confederation on the Swiss
Confederation’s association with the implementation, application and
development of the Schengen acquis,[15]
as it is addressed only to Croatia and Cyprus, which are
not yet fully implementing the Schengen acquis.
(14)     However,
for the coherence and proper functioning of the Schengen system, this Decision
also covers visas and residence permits issued by third countries associated
with the implementation,
application and development of the Schengen acquis and fully implementing
the Schengen acquis, such as Iceland, Liechtenstein, Norway and Switzerland.
(15)     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.
(16)     This Decision constitutes a
development of the provisions of the Schengen acquis in which the United
Kingdom does not take part, in accordance with Council Decision 2000/365/EC
of 29 May 2000 concerning the request of the United Kingdom of
Great Britain and Northern Ireland to take part in some of the provisions of
the Schengen acqui;s[16]
the United Kingdom is therefore not taking part in its adoption.
(17)     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/EC
of 28 February 2002 concerning Ireland's request to take part in some
of the provisions of the Schengen acquis[17] ;Ireland is therefore not
taking part in its adoption,
HAVE ADOPTED THIS DECISION:
Article 1
This Decision introduces a simplified
regime for the control of persons at the external borders whereby Croatia and
Cyprus may recognise unilaterally as equivalent to their national visas for
transit through or intended stays on their territory not exceeding 90 days in
any 180-day period the documents referred to in Article 2(1) and those referred
to in Article 3 issued by Member States and countries
associated with the implementation, application and development of the Schengen
acquis and fully implementing the Schengen acquis and by Cyprus and Croatia to third country
nationals subject to a visa obligation pursuant to Regulation (EC) No 539/2001.

The implementation of this Decision shall
not affect the checks to be carried out on persons at the external borders in
accordance with Articles 5 to 13 and Articles 18 to 19 of Regulation (EC) No
562/2006.
Article 2
1. Croatia and Cyprus may consider as
equivalent to their national visas, for transit through or intended stays on their
territory not exceeding 90 days in any 180-day period, the following documents
issued by the Member States and associated countries fully implementing the
Schengen acquis, irrespective of the nationality of the holders:
(i) a ‘uniform visa’ as defined in Article 2
(3) of Regulation (EC) No 810/2009, valid for 2 or multiple entries;
(ii) a ‘long-stay visa’ as referred to in
Article 18 of the Convention implementing the Schengen Agreement;
(iii) a ‘residence permit’ as defined in
Article 2(15) of Regulation (EC) 562/2006.
2. Croatia and Cyprus may also consider as
equivalent to their national visas, for transit through or intended stays on their
territory not exceeding 90 days in any 180-day period visas with limited territorial
validity issued in accordance with Article 25 (3) first sentence of the Visa
Code.
3. If Croatia or Cyprus decides to apply
this Decision, it shall recognise all the documents referred to in paragraphs 1
and 2, regardless of which State issued the document.
Article 3
1.         If Croatia or Cyprus decides to apply Article
2, they may, in addition, recognise
as equivalent to their national visas for transit through or intended stays on their
territory not exceeding 90 days in any 180-day period:
(i) national
short-stay visas and national long-stay visas issued by Cyprus or Croatia in the uniform format
laid down by Council Regulation (EC) No 1683/95[18];
(ii) residence
permits issued by Cyprus or
  Croatia according to the uniform format laid down by Council Regulation (EC)
No 1030/2002[19].
2.         Documents issued by Croatia which may be recognised are listed in Annex I.
Documents issued
by Cyprus which may be
recognised are listed in Annex II.
Article 4
The period of validity of the documents
referred to in Articles 2 and 3 shall cover the duration of the transit or
stay.
Article 5
Croatia and Cyprus shall notify the Commission within 10 working days of the entry into force of this
Decision, if they decide to apply this Decision. The Commission shall publish
the information communicated by those Member States in the Official Journal
of the European Union.
Article 6
Decision No 895/2006/EC of the European
Parliament and of the Council and Decision No 582/2008/EC of the European
Parliament and of the Council are repealed. 
Article 7
This Decision shall enter into force on the
twentieth day following that of its publication in the Official
Journal of the European Union.
It shall apply until the date determined by a
Council decision adopted pursuant to the first subparagraph of Article 3(2) of
the 2003 Act of Accession in respect of Cyprus, and to the first subparagraph
of Article 4(2) of the 2012 Act of Accession in respect of Croatia, on which
all the provisions of the Schengen acquis in the field of the common
visa policy and the movement of third country nationals legally residing within
the territory of the Member States shall apply to the Member State concerned.
Article 8
This Decision is addressed to Croatia and Cyprus.
Done at Brussels, 
For the European Parliament                       For
the Council
The President                                                 The
President
ANNEX I
List of documents issued by CROATIA
V i s a s
–                        
Kratkotrajna viza (C) - Short-stay visa (C) 
R e s i d e n c e p e r m i t s
–                        
Odobrenje boravka – Approval of Stay
–                        
Osobna iskaznica za stranca – Identity Card for
Foreign Nationals
ANNEX II
List of documents issued by CYPRUS
Θ ε
ω ρ ή σ ε ι ς ( V i s a s )
— Θεώρηση
διέλευσης —
Κατηγορία Β (transit visa —
type B)
— Θεώρηση
για παραμονή
βραχείας
διάρκειας —
Κατηγορία Γ (short-stay visa
— type C)
— Ομαδική
θεώρηση —
Κατηγορίες Β
και Γ (group visa — type B and C)
Ά δ ε ι ε ς π α ρ α μ ο ν ή ς ( R e s i d e n c e p e r m i t s )
—
Προσωρινή
άδεια
παραμονής
(απασχόληση,
επισκέπτης,
φοιτητής) Temporary residence permit
(employment, visitor, student)
— Άδεια
εισόδου
(απασχόληση,
φοιτητής) Entry permit (employment,
student)
— Άδεια
μετανάστευσης
(μόνιμη άδεια)
Immigration permit (permanent permit)
[1]               OJ L 81, 21.3.2001, p.1.
[2]               OJ L 239, 22.9.2000, p. 19.
[3]               OJ L 105, 13.4.2006, p. 1.
[4]               OJ L 243, 15.9.2009, p.1.
[5]               OJ L 167, 20.6.2006, p. 1.
[6]               OJ L 161, 20.6.2008, p.30.
[7]               OJ L 167, 20.6.2006, p.8.
[8]               When presenting this proposal, the Commission starts
from the understanding that by 1 July 2013, Bulgaria and Romania will fully apply the Schengen acquis.
[9]               According to its Article 5, Decision
No 896/2006/EC has become inapplicable as of the Schengen accession of Switzerland and Liechtenstein.
[10]             OJ L 112, 24.4.2012, p. 10.
[11]             OJ L 81, 21.3.2001, p. 1.
[12]             OJ L 105, 13.4.2006, p. 1.
[13]             OJ L 176, 10.7.1999, p. 36.
[14]             OJ L 53, 27.2.2008, p. 1.
[15]             OJ L 83, 26.3.2008, p. 5.
[16]             OJ L 131, 1.6.2000, p. 43.
[17]             OJ L 64, 7.3.2002, p. 20.
[18]             OJ L 164, 14.7.1995, p. 1.
[19]             OJ L 157 15.6.2002, p.
1.