natgillin/translations-raw huggingface dataset:
Protože však toto rozhodnutí vychází ze schengenského acquis podle ustanovení hlavy IV třetí části Smlouvy o založení Evropského společenství, rozhodne Dánsko v souladu s článkem 5 citovaného protokolu do šesti měsíců po přijetí tohoto rozhodnutí Radou, zda jej bude uplatňovat ve svých vnitrostátních právních předpisech.
Given that this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall , in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Decision whether it will implement it in its national law.
(13) Toto rozhodnutí představuje rozvoj schengenského acquis , kterého se Spojené království v souladu s články 4 a 5 Protokolu začleňujícím schengenské acquis do rámce Evropské unie, připojeného ke Smlouvě o Evropské unii a Smlouvě o založení Evropského společenství , neúčastní, a nepodílí se tudíž na přijetí tohoto rozhodnutí , není jím vázáno ani nepodléhá jeho uplatňování.
(13) This Decision constitutes a development of the Schengen acquis, in which the United Kingdom does not take part in accordance with Articles 4 and 5 of the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty establishing the European Community, so that the United Kingdom is not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(13) Toto rozhodnutí představuje rozvoj schengenského acquis , kterého se Spojené království v souladu s rozhodnutím Rady 2000/365/ES ze dne 29. května 2000 o žádosti Spojeného království Velké Británie a Severního Irska, aby se na ně vztahovala některá ustanovení schengenského acquis 1 , neúčastní .
(13) This Decision constitutes a development 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 acquis 1 .
Spojené království se tedy nepodílí na jeho přijetí, není jím vázáno ani nepodléhá jeho uplatňování.
The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.
1 Úř. věst.
1 OJ L 131, 1.6.2000, p.
(14) Toto rozhodnutí představuje rozvoj schengenského acquis , kterého se Irsko v souladu s články 4 a 5 Protokolu začleňujícím schengenském acquis do rámce Evropské unie, připojeného ke Smlouvě o Evropské unii a Smlouvě o založení Evropského společenství, neúčastní , a nepodílí se tudíž na přijetí tohoto rozhodnutí , není jím vázáno ani nepodléhá jeho uplatňování,
(14) This Decision constitutes a development of the Schengen acquis, in which Ireland does not take part in accordance with Articles 4 and 5 of the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty establishing the European Community, so that Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application,
(14) Toto rozhodnutí představuje rozvoj schengenského acquis , kterého se Irsko v souladu s rozhodnutím Rady 2002/192/ES ze dne 28. února 2002 o žádosti Irska, aby se na ně vztahovala některá ustanovení schengenského acquis 1 , neúčastní ; Irsko se tedy nepodílí na jeho přijetí, není jím vázáno ani nepodléhá jeho uplatňování,
(14) This Decision constitutes a development 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 1 ; Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application,
1 Úř. věst.
1 OJ L 64, 7.3.2002., p.
Provádění tohoto rozhodnutí nemá ovlivnit kontroly osob prováděné na vnějších hranicích v souladu s články 5–13 a 18–19 nařízení (ES) č. .../2006, kterým se stanoví kodex Společenství o pravidlech upravujících přeshraniční pohyb osob (Schengenský hraniční kodex).
The implementation of this Decision shall not affect the checks to be carried out on persons at the external borders in compliance with Articles 5 to 13 and 18 to 19 of Regulation (EC) No .../2006 [establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)].
Právní služba doporučila zahrnout článek 5 Schengenského hraničního kodexu týkající se vstupních podmínek, aby byla zahrnuta všechna ustanovení o kontrolách na vnějších hranicích.
It has been suggested by the legal service to include Article 5 of the Schengen Borders Code referring to the entry conditions in order to cover all the provisions related to the checks at the external borders.
Bude platit do doby, než pro Švýcarsko a Lichtenštejnsko vstoupí v platnost ustanovení článku 21 Schengenské úmluvy podle článku 15 dohody mezi Evropskou unií, Evropským společenstvím a Švýcarskou konfederací o přidružení Švýcarské konfederace k provádění, uplatňování a rozvoji schengenského acquis 1 .
It shall apply until the date on which the provisions of Article 21 of the Schengen Convention are put into effect for Switzerland and Liechtenstein pursuant to Article 15 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 1 .
Tento nový odstavec má poukázat na přechodný charakter návrhu.
This new paragraph aims at reflecting the transitional character of the proposal.
Context of the proposal
Context of the proposal
The current Schengen “ acquis ”
The current Schengen “ acquis ”
This is a basic principle underpinning the creation of the area without internal borders.
This is a basic principle underpinning the creation of the area without internal borders.
It enables a third country national holder of certain documents issued by a Member State fully participating in the Schengen area to enter and/or circulate freely within the common space without being subject to any additional requirement.
It enables a third country national holder of certain documents issued by a Member State fully participating in the Schengen area to enter and/or circulate freely within the common space without being subject to any additional requirement.
As regards residence permits issued by Switzerland and Liechtenstein, the existing Schengen acquis does not allow Member States fully implementing the Schengen acquis to recognise these for transit purposes into the Schengen territory.
As regards residence permits issued by Switzerland and Liechtenstein, the existing Schengen acquis does not allow Member States fully implementing the Schengen acquis to recognise these for transit purposes into the Schengen territory.
Additionally, the new Member States have the obligation to apply the EC Regulation 539/2001
Additionally, the new Member States have the obligation to apply the EC Regulation 539/2001
Practical example: an Albanian from Kosovo holder of a Swiss residence permit wants to return to his country for the holidays period.
Practical example: an Albanian from Kosovo holder of a Swiss residence permit wants to return to his country for the holidays period.
He has to pass through Italy and Slovenia , so he needs a Schengen transit visa and also a Slovenian visa.
He has to pass through Italy and Slovenia , so he needs a Schengen transit visa and also a Slovenian visa.
Switzerland, however, has been unilaterally recognising residence permits from old Schengen Member States for transit and short-term purposes since 2000 and is currently preparing the necessary legislation to extend this to all 25 Member States.
Switzerland, however, has been unilaterally recognising residence permits from old Schengen Member States for transit and short-term purposes since 2000 and is currently preparing the necessary legislation to extend this to all 25 Member States.
The present proposal will allow Member States fully implementing the Schengen acquis , including the third countries associated to the Schengen acquis and fully implementing it (such as Norway and Iceland) and new Member States to simplify the control at the external borders by unilaterally recognising residence permits issued by Switzerland and Liechtenstein for the purpose of transit through their territory.
The present proposal will allow Member States fully implementing the Schengen acquis , including the third countries associated to the Schengen acquis and fully implementing it (such as Norway and Iceland) and new Member States to simplify the control at the external borders by unilaterally recognising residence permits issued by Switzerland and Liechtenstein for the purpose of transit through their territory.
The proposed system is limited to transit ; it does not affect the possibility of Member States to issue multi-entry visas for short stay.
The proposed system is limited to transit ; it does not affect the possibility of Member States to issue multi-entry visas for short stay.
The duration of the transit period may not exceed five days - this rule takes into account the existing rules on transit visas in the Common Consular Instructions as well as the geographical situation of new Member States.
The duration of the transit period may not exceed five days - this rule takes into account the existing rules on transit visas in the Common Consular Instructions as well as the geographical situation of new Member States.
The proposed regime is compulsory for Member States fully implementing the Schengen acquis , for Norway and Iceland and optional for new Member States during the transitory period till the date of their full integration into the common area, date from which the recognition regime becomes compulsory.
The proposed regime is compulsory for Member States fully implementing the Schengen acquis , for Norway and Iceland and optional for new Member States during the transitory period till the date of their full integration into the common area, date from which the recognition regime becomes compulsory.
This distinction is necessary in order to avoid imposing upon new Member States additional obligations during this period.
This distinction is necessary in order to avoid imposing upon new Member States additional obligations during this period.
Until then, new Member States have the possibility either to implement the new instrument or to continue issuing national visas as required by the Accession Act.
Until then, new Member States have the possibility either to implement the new instrument or to continue issuing national visas as required by the Accession Act.
Once a new Member State decides to apply the decision, there will not be any possibility to suspend it in order not to complicate the regime.
Once a new Member State decides to apply the decision, there will not be any possibility to suspend it in order not to complicate the regime.
The new Member States shall notify the Commission within 10 working days of the entry into force of this Decision if they decide to opt in.
The new Member States shall notify the Commission within 10 working days of the entry into force of this Decision if they decide to opt in.
There will not be any possibility to opt in at a later stage.
There will not be any possibility to opt in at a later stage.
The proposed system answers an urgent need but is only transitory as Switzerland will soon become part of the Schengen area.
The proposed system answers an urgent need but is only transitory as Switzerland will soon become part of the Schengen area.
Indeed, the Swiss have approved the bilateral agreements concerning Schengen and Dublin by referendum in June 2005 and confirmed it in September 2005.
Indeed, the Swiss have approved the bilateral agreements concerning Schengen and Dublin by referendum in June 2005 and confirmed it in September 2005.
As regards Liechtenstein, it has an open border with Switzerland since a customs agreement of 1923.
As regards Liechtenstein, it has an open border with Switzerland since a customs agreement of 1923.
In order to avoid the establishment of controls at that common border, the Principality is also currently negotiating with the EU on its participation to the Schengen acquis .
In order to avoid the establishment of controls at that common border, the Principality is also currently negotiating with the EU on its participation to the Schengen acquis .
Consequences in relation to the various protocols annexed to the Treaty
Consequences in relation to the various protocols annexed to the Treaty
The proposed EP and Council Decision concerning the unilateral recognition by Member States of certain residence permits issued by Switzerland and Liechtenstein as equivalent to the transit visa falls within Title IV of the Treaty and is therefore affected by the “variable geometry” arising from the Protocols on the positions of the United Kingdom, Ireland and Denmark.
The proposed EP and Council Decision concerning the unilateral recognition by Member States of certain residence permits issued by Switzerland and Liechtenstein as equivalent to the transit visa falls within Title IV of the Treaty and is therefore affected by the “variable geometry” arising from the Protocols on the positions of the United Kingdom, Ireland and Denmark.
United Kingdom and Ireland are not taking part in the adoption of this Decision and are not bound by it or subject to its application, since they do not take part in the development of the Schengen acquis.
United Kingdom and Ireland are not taking part in the adoption of this Decision and are not bound by it or subject to its application, since they do not take part in the development of the Schengen acquis.
Since this Decision constitutes a development of the Schengen acquis , Denmark shall decide within a period of six months whether it will implement it in its national law”.
Since this Decision constitutes a development of the Schengen acquis , Denmark shall decide within a period of six months whether it will implement it in its national law”.
Article 5 of the Protocol on the position of Denmark annexed to the EC Treaty
Article 5 of the Protocol on the position of Denmark annexed to the EC Treaty
Norway and Iceland
Norway and Iceland
According to the Agreement
According to the Agreement
Norway and Iceland have also the possibility "to explain the problems they encounter in respect of" the measure and "to express themselves on any questions concerning the development of provisions of concern to them or the implementation thereof" in the "Mixed Committee" provided for in Article 4 of the Agreement.
Norway and Iceland have also the possibility "to explain the problems they encounter in respect of" the measure and "to express themselves on any questions concerning the development of provisions of concern to them or the implementation thereof" in the "Mixed Committee" provided for in Article 4 of the Agreement.
Opinion of the Rapporteur
Opinion of the Rapporteur
The EU acquis relating to the internal and external borders is currently being extensively developed.
The EU acquis relating to the internal and external borders is currently being extensively developed.
The present proposal is the latest contribution in an on-going development of the acquis .
The present proposal is the latest contribution in an on-going development of the acquis .
Other developments include: the Directive of 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, the Schengen Borders Control Code approved by the Parliament and the Council in June 2005, the External Border Agency formally inaugurated in June 2005, the very recent Regulation concerning the local border traffic at the external land borders of the Member States.
Other developments include: the Directive of 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, the Schengen Borders Control Code approved by the Parliament and the Council in June 2005, the External Border Agency formally inaugurated in June 2005, the very recent Regulation concerning the local border traffic at the external land borders of the Member States.
The Rapporteur welcomes the present proposal which aims at solving very serious difficulties which have arisen from the situation whereby the Member States cannot recognise Swiss / Lichtenstein residence permits issued to third country nationals listed in the Annex 1 of the EC Regulation 539/2001
The Rapporteur welcomes the present proposal which aims at solving very serious difficulties which have arisen from the situation whereby the Member States cannot recognise Swiss / Lichtenstein residence permits issued to third country nationals listed in the Annex 1 of the EC Regulation 539/2001
Council Regulation 539/2001 of 15 March 2001 listing the countries whose nationals must be in possession of visas when crossing the external borders and whose nationals are exempt from that requirement, OJ L 81, 21.3.2001, page 1, Regulation as last amended by Regulation (EC) No 851/2005 (OJ L 141, 04.06.2005, page 3) .
Council Regulation 539/2001 of 15 March 2001 listing the countries whose nationals must be in possession of visas when crossing the external borders and whose nationals are exempt from that requirement, OJ L 81, 21.3.2001, page 1, Regulation as last amended by Regulation (EC) No 851/2005 (OJ L 141, 04.06.2005, page 3) .
A large number of third country nationals listed in the Annex 1 of the EC Regulation 539/2001 live in Switzerland and Lichtenstein holding valid residence permits.
A large number of third country nationals listed in the Annex 1 of the EC Regulation 539/2001 live in Switzerland and Lichtenstein holding valid residence permits.
For example, in Switzerland there are roughly 1.5 million foreigners with legal residence status
For example, in Switzerland there are roughly 1.5 million foreigners with legal residence status
Federal Office for Migration - FOM, December 2005 and according to a survey by Switzerland’s Central Register of Foreign Nationals in April 2003, 514.250 persons would be affected by seasonal transit.
Federal Office for Migration - FOM, December 2005 and according to a survey by Switzerland’s Central Register of Foreign Nationals in April 2003, 514.250 persons would be affected by seasonal transit.
The present situation implies a huge administrative burden for the Member States’ Consular offices in Switzerland and Lichtenstein.
The present situation implies a huge administrative burden for the Member States’ Consular offices in Switzerland and Lichtenstein.
Before the holiday periods, these Consulates have to deal with thousands of applications for visas that they have to treat in a timely manner.
Before the holiday periods, these Consulates have to deal with thousands of applications for visas that they have to treat in a timely manner.
For example, in the past, the Italian Consulates have had sometimes to treat 300,000 applications.
For example, in the past, the Italian Consulates have had sometimes to treat 300,000 applications.
Other overburdened consulates are the Austrian, French, Hungarian and Slovenian ones.
Other overburdened consulates are the Austrian, French, Hungarian and Slovenian ones.
This implies huge costs, modern services and a lot of personnel, which is particularly demanding for geographically small countries of transit.
This implies huge costs, modern services and a lot of personnel, which is particularly demanding for geographically small countries of transit.
Furthermore, the current regime implies unjustified administrative procedures and costs for third countries citizens which is translated into efforts to build a whole dossier of application, very long queues at the embassies, high costs because of the price of the visa itself and associated costs (telephone, travel to the city where the consulates is located, etc.)
Furthermore, the current regime implies unjustified administrative procedures and costs for third countries citizens which is translated into efforts to build a whole dossier of application, very long queues at the embassies, high costs because of the price of the visa itself and associated costs (telephone, travel to the city where the consulates is located, etc.)
All these formalities can take weeks and even months and can force people to take time of work, abandon their travel plans and even stop people from going abroad to see their family in case of urgency.
All these formalities can take weeks and even months and can force people to take time of work, abandon their travel plans and even stop people from going abroad to see their family in case of urgency.
This regime clearly has a negative effect on family and cultural ties, since it can restrict the access to their homeland to third country nationals residing in Switzerland and Lichtenstein.
This regime clearly has a negative effect on family and cultural ties, since it can restrict the access to their homeland to third country nationals residing in Switzerland and Lichtenstein.
This situation is even more difficult to comprehend since the persons concerned do not represent any risk of illegal immigration or any threat to public policy as they have been submitted to controls and screening by the Swiss / Lichtenstein authorities before the issuing of the residence permit .
This situation is even more difficult to comprehend since the persons concerned do not represent any risk of illegal immigration or any threat to public policy as they have been submitted to controls and screening by the Swiss / Lichtenstein authorities before the issuing of the residence permit .
Moreover, the checks at the external borders are still to be carried out in compliance with Articles 6 to 13 and 18 to 19 of the European Parliament and Council Regulation (…) establishing a Community Code on the rules governing the movement of persons and according to the art 5 (1) of same regulation the following entry conditions still have to be fulfilled:
Moreover, the checks at the external borders are still to be carried out in compliance with Articles 6 to 13 and 18 to 19 of the European Parliament and Council Regulation (…) establishing a Community Code on the rules governing the movement of persons and according to the art 5 (1) of same regulation the following entry conditions still have to be fulfilled:
- possession of valid travel documents allowing to cross the border,
- possession of valid travel documents allowing to cross the border,
- documents justifying the purpose and conditions of the intended stay and the sufficiency of the means of subsistence,
- documents justifying the purpose and conditions of the intended stay and the sufficiency of the means of subsistence,
- absence of an alert in the SIS for the purposes of refusing entry,
- absence of an alert in the SIS for the purposes of refusing entry,
- lack of being considered to be a threat to public policy, internal security, public health or the international relations of any of the Schengen Member States.
- lack of being considered to be a threat to public policy, internal security, public health or the international relations of any of the Schengen Member States.
For all these reasons, it is now imperative to adopt this Decision allowing the Member States fully implementing the Schengen acquis and new Member States to unilaterally recognise residence permits issued by Switzerland and Liechtenstein for the purpose of transit through their territory.
For all these reasons, it is now imperative to adopt this Decision allowing the Member States fully implementing the Schengen acquis and new Member States to unilaterally recognise residence permits issued by Switzerland and Liechtenstein for the purpose of transit through their territory.