Decision 2008/586 - Decision 586/2008/EC amending Decision No 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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official title
Decision No 586/2008/EC of the European Parliament and of the Council of 17 June 2008 amending Decision No 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| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2008/586 |
| Original proposal | COM(2007)508  |
| CELEX number i | 32008D0586 |
| Document | 17-06-2008 |
|---|---|
| Publication in Official Journal | 21-06-2008; Special edition in Croatian: Chapter 19 Volume 009,OJ L 162, 21.6.2008 |
| Effect | 11-07-2008; Entry into force Date pub. + 20 See Art 3 |
| End of validity | 31-12-9999 |
| Notification | 01-01-1001 |
21.6.2008 |
EN |
Official Journal of the European Union |
L 162/27 |
DECISION No 586/2008/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 June 2008
amending Decision No 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
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) |
Decision No 896/2006/EC (2) establishes common rules on unilateral recognition by the Member States of certain residence permits issued by Switzerland and Liechtenstein allowing a simplified regime for the control at the external borders of third country nationals who hold these documents. |
(2) |
As a result of the two-step implementation of the Schengen acquis, those Member States that joined the European Union on 1 May 2004 were required, as 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 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 whose nationals are exempt from that requirement (3). That requirement created additional administrative burdens on the consulates of those Member States in Switzerland and Liechtenstein. |
(3) |
However, it did not appear necessary for Member States to require that category of persons to hold a visa for the purpose of transit, as they represent a low illegal immigration risk for the Member States. |
(4) |
Considering that the same reasoning applies to Bulgaria and Romania, the simplified regime introduced by Decision No 896/2006/EC should be extended to Bulgaria and Romania. |
(5) |
Such amendment of Decision No 896/2006/EC should allow Bulgaria and Romania, if they decide to apply Decision No 582/2008/EC of the European Parliament and of the Council of 17 June 2008 introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by Bulgaria, Cyprus and Romania of certain documents as equivalent to their national visas for the purposes of transit through their territories (4), to recognise unilaterally the residence permits issued by Switzerland and Liechtenstein which are listed in the Annex to Decision No 896/2006/EC as equivalent to their national transit visas. |
(6) |
Recognition should be limited to the purpose of transit through the territory of Bulgaria and Romania and should not affect the possibility for those two Member States to issue visas for short-term stay. |
(7) |
The possibility for Bulgaria and Romania not to apply Decision No 896/2006/EC should be limited to the transitional period until the date to be determined by the Council in accordance with the second subparagraph of Article 4(2) of the 2005 Act of Accession. |
(8) |
The entry conditions laid down in Article 5(1) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (5) have to be fulfilled, with the exception of the condition laid down in Article 5(1)(b) thereof, insofar as this Decision sets up an equivalence regime between transit visas issued by Bulgaria and Romania and certain residence permits... |
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