Legal provisions of COM(2010)662 - List of travel documents entitling the holder to cross the external borders and which may be endorsed with a visa and on setting up a mechanism for establishing this list

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dossier COM(2010)662 - List of travel documents entitling the holder to cross the external borders and which may be endorsed with a visa and on ...
document COM(2010)662 EN
date October 25, 2011

Contents

Article 1 - Subject matter and scope

1. This Decision establishes the list of travel documents which entitle the holder to cross the external borders and which may be endorsed with a visa (the list of travel documents) and a mechanism for compiling it.

2. This Decision applies to travel documents such as a national passport (ordinary, diplomatic, service/official or special passport), an emergency travel document, a refugee or stateless person's travel document, a travel document issued by international organisations, or a laissez-passer.

3. This Decision does not affect Member States' competence for the recognition of travel documents.

Article 2 - Compilation of the list of travel documents

1. The Commission shall draw up the list of travel documents with the assistance of Member States on the basis of information gathered within local Schengen cooperation, as referred to in point (c) of Article 48(1) of Regulation (EC) No 810/2009.

2. The list of travel documents shall be drawn up in accordance with the advisory procedure referred to in Article 8(2).

Article 3 - Structure of the list of travel documents

1. The list of travel documents shall be divided into three parts.

2. Part I shall consist of travel documents issued by the third countries and territorial entities listed in Annexes I and II 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 (15).

3. Part II shall consist of the following travel documents issued by Member States, including those issued by the Member States of the European Union which are not taking part in the adoption of this Decision and by the Member States of the European Union which do not yet apply the provisions of the Schengen acquis in full:

(a)travel documents issued to third-country nationals;

(b)travel documents issued to refugees under the United Nations Convention Relating to the Status of Refugees of 28 July 1951;

(c)travel documents issued to stateless persons under the United Nations Convention relating to the Status of Stateless Persons of 28 September 1954;

(d)travel documents issued to persons who do not hold the nationality of any country and who reside in a Member State;

(e)travel documents issued by the United Kingdom to British citizens who are not nationals of the United Kingdom of Great Britain and Northern Ireland for the purposes of Union law.

4. Part III shall consist of travel documents issued by international organisations.

5. As a general rule, the listing of a given travel document applies to all series of that travel document that are still valid.

6. If a third country does not issue a particular type of travel document, this shall be indicated by entering ‧not issued‧ in the list of travel documents.

Article 4 - Notification of recognition or non-recognition of listed travel documents

1. Within 3 months after the communication of the list of travel documents, Member States shall notify to the Commission their position on recognition or non-recognition of the listed travel documents.

2. If a Member State fails to notify its position within the period referred to in paragraph 1, the travel document concerned shall be deemed to be recognised until that Member State's notification of its non-recognition.

3. Within the framework of the committee referred to in Article 8(1), Member States shall exchange information on the grounds for the recognition or non-recognition of specific travel documents with a view to reaching a harmonised position.

4. Member States shall notify the Commission of all changes to previously indicated recognition or non-recognition of a given travel document.

Article 5 - New travel documents issued

1. Member States shall notify the Commission of new travel documents referred to in points (a) to (d) of Article 3(3).

2. Member States shall inform the Commission of new travel documents issued by third countries, Member States and international organisations referred to in Article 3(2), in point (e) of Article 3(3) and in Article 3(4). The Commission shall, in cooperation with the Member States, endeavour to collect specimens of new travel documents in order to share them.

3. The Commission shall update the list of travel documents in accordance with the notifications and information received and shall request Member States to notify their position on recognition or non-recognition in accordance with Article 4.

4. The updated list of travel documents shall be drawn up in accordance with the advisory procedure referred to in Article 8(2).

Article 6 - Information concerning known fantasy and camouflage passports

The Commission shall also draw up and update a non-exhaustive list of known fantasy and camouflage passports on the basis of information received from the Member States.

Article 7 - Assessment of travel documents

1. In order to assist the Member States in their technical assessment of travel documents, the Commission, assisted by experts of the Member States, may provide for a technical analysis of the travel documents, taking into account in particular the relevant International Civil Aviation Organization standards and recommendations.

2. Where relevant, the conditions and procedures for issuing travel documents may also be analysed within this framework.

3. The results of the assessments referred to in paragraphs 1 and 2 shall be communicated to the Member States.

Article 8 - Committee procedure

1. The Commission shall be assisted by a committee (the Travel Document Committee). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Article 9 - Publication of the lists

The Commission shall make the list of travel documents, including the notifications pursuant to Article 4, and the list referred to in Article 6, available to the Member States and the public via a constantly updated electronic publication.

Article 10 - Repeals

Decisions SCH/Com-ex (98)56 and SCH/Com-ex (99)14 shall be repealed.

Article 11 - Entry into force

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

2. This Decision shall apply with effect from the date of its entry into force, except for Article 10, which shall apply with effect from the date of the first publication by the Commission of the list of travel documents.

Article 12 - Addressees

This Decision is addressed to the Member States in accordance with the Treaties.