Decision 2011/1105 - Decision 1105/2011/EU on the list of travel documents which entitle 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 - Main contents
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Decision No 1105/2011/EU of the European Parliament and of the Council of 25 October 2011 on the list of travel documents which entitle 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| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2011/1105 |
| Original proposal | COM(2010)662  |
| CELEX number i | 32011D1105 |
| Document | 25-10-2011 |
|---|---|
| Publication in Official Journal | 04-11-2011; Special edition in Croatian: Chapter 19 Volume 010,OJ L 287, 4.11.2011 |
| Effect | 01-01-1001; Application Partial application See Art 11.2 24-11-2011; Entry into force Date pub. +20 See Art 11.1 24-11-2011; Application See Art 11.2 |
| End of validity | 31-12-9999 |
4.11.2011 |
EN |
Official Journal of the European Union |
L 287/9 |
DECISION No 1105/2011/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2011
on the list of travel documents which entitle 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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
On the basis of Article 17(3)(a) of the Convention implementing the Schengen Agreement of 14 June 1985 (2), Decisions SCH/Com-ex (98)56 (3) and SCH/Com-ex (99)14 (4) established the Manual of travel documents entitling the holder to cross the external borders and which may be endorsed with a visa. Those Decisions should be adapted to the institutional and legal framework of the Union. |
(2) |
The list of travel documents issued by third countries should be monitored systematically to ensure that Member States' authorities dealing with the processing of visa applications and with border controls have accurate information at their disposal about the travel documents presented by third-country nationals. Exchanges of information between Member States on the travel documents issued and on Member States' recognition of those travel documents, and making the entire compilation available to the public, should be modernised and made more efficient. |
(3) |
The purpose of the list of travel documents is twofold: on the one hand, it allows border control authorities to verify whether a given travel document is recognised for the purpose of crossing the external borders as set out in point (a) of 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); on the other hand, it allows consular staff to verify whether Member States recognise a given travel document for the purpose of affixing a visa sticker. |
(4) |
Under point (c) of Article 48(1) of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (6) an exhaustive list of travel documents issued by the host country should be drawn up within local Schengen cooperation. |
(5) |
A mechanism should be established to ensure that the list of travel documents is constantly updated. |
(6) |
Considering the relevance of the security of the travel documents with regard to their possible recognition, the Commission, assisted by experts of the Member States, should provide a technical assessment, where appropriate. |
(7) |
Member States are and should remain competent for the recognition of travel documents for the purpose of allowing the holder to cross the external borders and affixing a visa sticker. |
(8) |
Member States should notify their position in relation to all travel documents and endeavour to harmonise their positions on the different types of travel documents. Since a Member State's failure to notify its position with regard to a travel document may cause problems to holders of that travel document, a mechanism should be established to place an obligation on Member States to state their position on the recognition and non-recognition of such documents. That mechanism should not preclude Member States from notifying a change in their position at any given moment. |
(9) |
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