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Europe Daily Bulletin No. 9172
Contents Publication in full By article 31 / 43
GENERAL NEWS / (eu) ep/jha/visas

EP decides to facilitate transit of third country nationals requiring a visa

Strasbourg, 11/04/2006 (Agence Europe) - On 6 April, the European Parliament adopted two proposals for a decision opening the road to the establishment of a simplified regime for external border control of third country nationals. Giving its opinion at first reading (codecision) on the reports by Michael Cashman (PES, UK), the EP thus paves the way for rapid adoption of this mechanism by the JHA Council to facilitate transit of third country nationals requiring a visa, via the new Member States or from Switzerland and Lichtenstein. The proposals, made by the Commission in 2005 (EUROPE 9029), are based on the principle of “unilateral recognition” and are “transitional”, Mr Cashman states in his report, as these decisions will become obsolete once these countries are part of the Schengen Area.

The first proposal is aimed at third country nationals carrying a visa issued by a Schengen country and wishing to travel through a new Member State. Third country nationals remain under the obligation to hold a national visa to transit through a new Member State, until that State becomes part of the Schengen Area. Travellers concerned are therefore required to carry as many transit visas as countries crossed. Under the new regime, third country nationals who are holders of visas issued by a Schengen Member State or similar papers issued by the other new Member States, will be exempt from the requirement to hold national transit visas. For example, a Russian citizen who holds a French permit to stay and wishing to travel by overland means to his country of origin will no longer need to obtain national visas for each of the new Member States that must be crossed. The proposal restricts the transit duration to five days and targets nationals of 33 third countries under the visa obligation in line with Regulation 539/2001/EC. Application is optional for the new Member States which may either implement the new instrument (in which case they should inform the Commission within ten days after entry into force of the decision), or continue to issue national visas in compliance with the Accession Act of 2003. “This decision will not only be useful for the ten new Member States but will also apply to Romania and Bulgaria once they have joined the EU”, Mr Cashman stressed.

The second decision, addressed to all Member States, proposes the establishment of a simplified regime for the control at the external borders of third country nationals, holders of certain residence permits issued by Switzerland and Liechtenstein, dispensing them from the obligation to have a visa for the transit through their territory. Over half a million foreigners (i.e. non-EU) in Switzerland may be able to benefit from the lifting of compulsory transit visas within the Schengen Area. As for the first proposal, the duration of transit is limited to five days. All third country nationals subject to the visa obligation under Regulation 539/2001 may benefit from the simplified regime. The implementation of these rules is compulsory for the Member States fully participating in the Schengen Area, as well as for Norway and Iceland. It is optional for the new Member States.

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