Reisedokumenter utstedt av Russland
Kommisjonens gjennomføringsbeslutning (EU) 2023/1061 av 31. mai 2023 om listen over reisedokumenter fra Russland utstedt i eller til personer bosatt i regioner eller territorier i Ukraina som er okkupert av Russland eller utbryterterritorier i Georgia som ikke er under kontroll av den georgiske regjeringen, som ikke er akseptert som gyldige reisedokumenter med det formål å utstede visum eller krysse de ytre grensene
Commission Implementing Decision (EU) 2023/1061 of 31 May 2023 on the establishment of the list of travel documents of the Russian Federation issued in or to persons resident in regions or territories in Ukraine which are occupied by the Russian Federation or breakaway territories in Georgia which are not under the control of the Georgian government that are not accepted as valid travel documents for the purposes of issuing of a visa or of crossing the external borders
Avtalegrunnlag
Schengen-avtalen
Kommisjonsbeslutning publisert i EU-tidende 31.5.2023
Nærmere omtale
BAKGRUNN (fra kommisjonsbeslutningen)
(1) In accordance with Decision (EU) 2022/2512, it is necessary to draw up a list of the travel documents of the Russian Federation, issued in or to persons resident in regions or territories of Ukraine which are occupied by the Russian Federation or breakaway territories in Georgia which on 22 December 2022 were not under the control of the Georgian government, that should not be accepted as valid travel documents for the purposes of issuing a visa in accordance with Regulation (EC) No 810/2009 of the European Parliament and of the Council and of crossing the external borders in accordance with Regulation (EU) 2016/399 of the European Parliament and of the Council.
(2) The list should ensure that Member States’ authorities responsible for processing visa applications and for carrying out border checks have accurate and updated information at their disposal about the travel documents that should not be accepted in accordance with Decision (EU) 2022/2512. The purpose of the list is to ensure a uniform application of the EU acquis on visas and checks to which persons crossing the external borders are subject.
(3) On 18 March 2014, following the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation, President of the Russian Federation signed the Treaty of annexation. Therefore, the travel documents issued in or to residents of the Autonomous Republic of Crimea and the city of Sevastopol after 18 March 2014 should be on that list.
(4) On 24 April 2019, through Decree of the President of the Russian Federation No 183, the Russian Federation simplified the procedure for residents of the non-government-controlled regions of Ukraine’s Donetsk and Luhansk to obtain Russian citizenship, including the procedure for the issuance of Russian international passports to those residents. Therefore, the travel documents issued in or to residents of the Donetsk region and the Luhansk region after 24 April 2019 should be on that list.
(5) On 25 May 2022, the Russian Federation extended the simplified procedure for obtaining Russian citizenship to the Kherson and Zaporizhzhia regions. On 11 July 2022, Russia expanded its passportisation to the whole territory of Ukraine so that all citizens of Ukraine could claim Russian citizenship and obtain a Russian passport in the simplified procedure. Based on the 11 July 2022 decree, Russian travel documents have been issued in Kharkiv region since 1 August 2022. The majority of the Kharkiv region has been liberated by Ukraine on 9 September 2022. Russian travel documents issued in this region may be in circulation. Therefore, the travel documents issued in or to residents of the Kherson region and the Zaporizhzhia region after 25 May 2022 and the Kharkiv region after 1 August 2022 should be on that list.
(6) President of the Russian Federation decided on 26 August 2008 that Russia would formally recognise Abkhazia and South Ossetia as independent states. Therefore, the travel documents issued in or to residents of Abkhazia and South Ossetia after 26 August 2008 should be on that list.
(7) The fact that a country or entity appears on the list should not be taken to imply that it is recognised under international law by one or more Member States.
(8) Given that Decision (EU) 2022/2512 builds upon the Schengen acquis, in accordance with Article 4 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark notified the implementation of Decision (EU) 2022/2512 in its national law. Denmark is therefore bound under international law to implement this Decision.
(9) This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC; Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(10) As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point A and B of Council Decision 1999/437/EC.
(11) As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point A and B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC.
(12) As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, points A and B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU.
(13) As regards Cyprus, Bulgaria, and Romania, this Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2011 Act of Accession with respect to the issuing of visas in accordance with Regulation (EC) No 810/2009, as referred to in point (a) of Article 1 of Decision (EU) 2022/2512, whereas it constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession and Article 4(1) of the 2005 Act of Accession with respect to the crossing of the external borders in accordance with Regulation (EU) 2016/399 as referred to in point (b) of Article 1 of Decision (EU) 2022/2512.
(14) In order to allow for the prompt and uniform application of the measures provided for in Decision (EU) 2022/2512, and due to the emergency situation in regions and territories in Ukraine occupied by Russia as well as in breakaway territories in Georgia, this Decision should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union.
(1) In accordance with Decision (EU) 2022/2512, it is necessary to draw up a list of the travel documents of the Russian Federation, issued in or to persons resident in regions or territories of Ukraine which are occupied by the Russian Federation or breakaway territories in Georgia which on 22 December 2022 were not under the control of the Georgian government, that should not be accepted as valid travel documents for the purposes of issuing a visa in accordance with Regulation (EC) No 810/2009 of the European Parliament and of the Council and of crossing the external borders in accordance with Regulation (EU) 2016/399 of the European Parliament and of the Council.
(2) The list should ensure that Member States’ authorities responsible for processing visa applications and for carrying out border checks have accurate and updated information at their disposal about the travel documents that should not be accepted in accordance with Decision (EU) 2022/2512. The purpose of the list is to ensure a uniform application of the EU acquis on visas and checks to which persons crossing the external borders are subject.
(3) On 18 March 2014, following the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation, President of the Russian Federation signed the Treaty of annexation. Therefore, the travel documents issued in or to residents of the Autonomous Republic of Crimea and the city of Sevastopol after 18 March 2014 should be on that list.
(4) On 24 April 2019, through Decree of the President of the Russian Federation No 183, the Russian Federation simplified the procedure for residents of the non-government-controlled regions of Ukraine’s Donetsk and Luhansk to obtain Russian citizenship, including the procedure for the issuance of Russian international passports to those residents. Therefore, the travel documents issued in or to residents of the Donetsk region and the Luhansk region after 24 April 2019 should be on that list.
(5) On 25 May 2022, the Russian Federation extended the simplified procedure for obtaining Russian citizenship to the Kherson and Zaporizhzhia regions. On 11 July 2022, Russia expanded its passportisation to the whole territory of Ukraine so that all citizens of Ukraine could claim Russian citizenship and obtain a Russian passport in the simplified procedure. Based on the 11 July 2022 decree, Russian travel documents have been issued in Kharkiv region since 1 August 2022. The majority of the Kharkiv region has been liberated by Ukraine on 9 September 2022. Russian travel documents issued in this region may be in circulation. Therefore, the travel documents issued in or to residents of the Kherson region and the Zaporizhzhia region after 25 May 2022 and the Kharkiv region after 1 August 2022 should be on that list.
(6) President of the Russian Federation decided on 26 August 2008 that Russia would formally recognise Abkhazia and South Ossetia as independent states. Therefore, the travel documents issued in or to residents of Abkhazia and South Ossetia after 26 August 2008 should be on that list.
(7) The fact that a country or entity appears on the list should not be taken to imply that it is recognised under international law by one or more Member States.
(8) Given that Decision (EU) 2022/2512 builds upon the Schengen acquis, in accordance with Article 4 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark notified the implementation of Decision (EU) 2022/2512 in its national law. Denmark is therefore bound under international law to implement this Decision.
(9) This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC; Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(10) As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point A and B of Council Decision 1999/437/EC.
(11) As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point A and B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC.
(12) As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, points A and B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU.
(13) As regards Cyprus, Bulgaria, and Romania, this Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2011 Act of Accession with respect to the issuing of visas in accordance with Regulation (EC) No 810/2009, as referred to in point (a) of Article 1 of Decision (EU) 2022/2512, whereas it constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession and Article 4(1) of the 2005 Act of Accession with respect to the crossing of the external borders in accordance with Regulation (EU) 2016/399 as referred to in point (b) of Article 1 of Decision (EU) 2022/2512.
(14) In order to allow for the prompt and uniform application of the measures provided for in Decision (EU) 2022/2512, and due to the emergency situation in regions and territories in Ukraine occupied by Russia as well as in breakaway territories in Georgia, this Decision should enter into force as a matter of urgency on the day following that of its publication in the Official Journal of the European Union.
Avtalegrunnlag
Schengen-avtalen