Legal provisions of COM(2005)381-2 - Simplified regime for the control of persons at the external borders based on the unilateral recognition by the Member States of certain residence permits issued by Switzerland and Liechtenstein for the purpose of transit through their territory

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dossier COM(2005)381-2 - Simplified regime for the control of persons at the external borders based on the unilateral recognition by the Member ...
document COM(2005)381 EN
date June 14, 2006

Contents

Article 1

This Decision establishes a simplified regime for the control of persons at the external borders based on the unilateral recognition by Member States of residence permits issued by Switzerland and Liechtenstein to third-country nationals subject to a visa obligation pursuant to Regulation (EC) No 539/2001 as equivalent to their uniform or national visas for the purpose of transit.

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 562/2006.

Article 2

Member States fully implementing the Schengen acquis shall unilaterally recognise the residence permits issued by Switzerland and Liechtenstein which are listed in the Annex.

New Member States which apply Decision No 895/2006/EC may unilaterally recognise the residence permits listed in the Annex to this Decision as equivalent to their national transit visas until the date to be determined by the Council, in accordance with the first subparagraph of Article 3(2) of the 2003 Act of Accession.

Article 3

The duration of the transit of the third-country national through the territory of the Member State(s) shall not exceed five days.

The period of validity of the documents listed in the Annex shall cover the duration of the transit.

Article 4

Any new Member State that decides to apply this Decision shall notify the Commission thereof by 1 August 2006. The Commission shall publish the information communicated by the new Member States in the Official Journal of the European Union.

Article 5

This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply until the date on which the provisions of Article 21 of the Schengen Convention take 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.

Article 6

This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.