Decision 2006/896 - Decision 896/2006/EC establishing a 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 - Main contents
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Decision No 896/2006/EC of the European Parliament and of the Council of 14 June 2006 establishing a 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| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2006/896 |
| Original proposal | COM(2005)381  |
| CELEX number i | 32006D0896 |
| Document | 14-06-2006 |
|---|---|
| Publication in Official Journal | 20-06-2006; Special edition in Bulgarian: Chapter 19 Volume 008,OJ L 170M , 23.6.2006,Special edition in Romanian: Chapter 19 Volume 008,Special edition in Croatian: Chapter 19 Volume 012,OJ L 167, 20.6.2006 |
| Effect | 01-01-1001; Application See Art 5 10-07-2006; Entry into force Date pub. + 20 See Art 5 |
| End of validity | 31-12-9999 |
20.6.2006 |
EN |
Official Journal of the European Union |
L 167/8 |
DECISION No 896/2006/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 14 June 2006
establishing a 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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) thereof,
Having regard to the proposal from the Commission,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),
Whereas:
(1) |
Pursuant to Article 21 of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (2) (hereinafter referred to as the Schengen Convention) residence permits issued by Member States fully implementing the Schengen acquis are to be mutually recognised as equivalent to the uniform visa. |
(2) |
The current Community rules do not, however, provide for a simplified regime for the control of persons at the external borders whereby the residence permits issued by third countries would be recognised as equivalent to the uniform visa for the purpose of transit through, or a short stay in, the common area. |
(3) |
Third-country nationals who hold a resident permit issued by Switzerland and who are subject to a visa obligation under 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 who are nationals are exempt from that requirement (3) must apply for a visa when they transit the common area on return to their country of origin. As a result, the consular offices of the Member States in Switzerland have to deal with large numbers of visa applications submitted by such third-country nationals. Similar difficulties have occurred as regards applications for visas by holders of residence permits issued by Liechtenstein. |
(4) |
As a result of the two-step implementation of the Schengen acquis, new Member States that acceded to the European Union on 1 May 2004 are required, from that date, to issue national visas to third-country nationals who hold a residence permit issued by Switzerland and Liechtenstein and who are subject to a visa obligation pursuant to Regulation (EC) No 539/2001. Some of the new Member States have voiced concerns as to the additional administrative burden this will place on their consulates in Switzerland and Liechtenstein. |
(5) |
It does not appear necessary for Member States to require this category of persons to hold a visa, as they represent a low risk of illegal immigration for the Member States. |
(6) |
In order to address the situation in the consular offices in Switzerland and Liechtenstein both of Member States fully implementing the Schengen acquis and of new Member States, a simplified regime should be introduced for the control of persons at the external borders based on the unilateral recognition of certain residence permits issued by the authorities of Switzerland and Liechtenstein as equivalent to uniform or national visas. |
(7) |
Such recognition should be limited to the purpose of transit and should not affect the possibility of Member States to issue visas for a short-term stay. |
(8) |
Application of the recognition regime should be compulsory for Member States fully implementing the Schengen acquis and optional for new Member States that apply... |
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