Legal provisions of COM(2013)441 - Simplified regime for the external border control of persons based on the unilateral recognition by Croatia and Cyprus of certain documents - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)441 - Simplified regime for the external border control of persons based on the unilateral recognition by Croatia and Cyprus of ... |
|---|---|
| document | COM(2013)441  |
| date | May 15, 2014 |
Article 1
This Decision introduces a simplified regime for the control of persons at the external borders whereby Bulgaria, Croatia, Cyprus and Romania 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 Article 3 of this Decision issued 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 18 and 19 of Regulation (EC) No 562/2006.
Article 2
1. Bulgaria, Croatia, Cyprus and Romania 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 fully implementing the Schengen acquis, irrespective of the nationality of the holders:
| (a) | a ‘uniform visa’ as defined in point (3) of Article 2 of the Visa Code, valid for two or multiple entries; |
| (b) | a ‘long-stay visa’ as referred to in Article 18 of the Convention implementing the Schengen Agreement (15); |
| (c) | a ‘residence permit’ as defined in point (15) of Article 2 of Regulation (EC) No 562/2006. |
2. Bulgaria, Croatia, Cyprus and Romania 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 the first sentence of Article 25(3) of the Visa Code.
3. If Bulgaria, Croatia, Cyprus or Romania decide to apply this Decision, they shall recognise all the documents referred to in paragraphs 1 and 2, regardless of which Member State issued the document, unless they are affixed to travel documents that they do not recognise or to travel documents issued by a third country with which they do not have diplomatic relations.
Article 3
1. If Bulgaria, Croatia, Cyprus or Romania decide to apply Article 2, they may, in addition to the documents referred to in that Article, 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:
| (a) | national short-stay visas and national long-stay visas issued by Bulgaria, Croatia, Cyprus, or Romania in the uniform format laid down by Council Regulation (EC) No 1683/95 (16); |
| (b) | residence permits issued by Bulgaria, Croatia, Cyprus or Romania in accordance with the uniform format laid down by Council Regulation (EC) No 1030/2002 (17), |
unless such visas and residence permits are affixed to travel documents that those Member States do not recognise or to travel documents issued by a third country with which they do not have diplomatic relations.
2. Documents issued by Bulgaria which may be recognised are listed in Annex I.
Documents issued by Croatia which may be recognised are listed in Annex II.
Documents issued by Cyprus which may be recognised are listed in Annex III.
Documents issued by Romania which may be recognised are listed in Annex IV.
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
Bulgaria, Croatia, Cyprus and Romania shall notify the Commission within 20 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.
Those notifications shall, where relevant, specify the third countries with regard to which Bulgaria, Croatia, Cyprus and Romania do not, in the absence of diplomatic relations, apply this Decision pursuant to Article 2(3) and Article 3(1).
Article 6
Decisions No 895/2006/EC and No 582/2008/EC 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, to the first subparagraph of Article 4(2) of the 2005 Act of Accession in respect of Bulgaria and Romania and to the first subparagraph of Article 4(2) of the 2011 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 Bulgaria, Croatia, Cyprus and Romania.