Legal provisions of COM(2022)662 - Non-recognition of Russian travel documents issued in occupied foreign regions

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Article 1

Travel documents of the Russian Federation (Russian travel documents) 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 at the time of the entry into force of this Decision are not under the control of the Georgian government shall not be accepted as valid travel documents for the following purposes:

(a)the issuing of a visa in accordance with Regulation (EC) No 810/2009;

(b)the crossing of the external borders in accordance with Regulation (EU) 2016/399.

Article 2

By way of derogation from Article 1, a Russian travel document referred to in Article 1 may be accepted:

(a)if its holder was a Russian citizen before the relevant date indicated in the implementing act referred to in Article 3 or if the holder is a descendant of such Russian citizen;

(b)if its holder was a minor or legally incapacitated person at the time of the issuance of such travel document.

Member States may allow holders of travel documents covered by this Decision to enter the territory of the Member States in individual cases, as provided for in Articles 25 and 29 of Regulation (EC) No 810/2009 and in Article 6(5) of Regulation (EU) 2016/399.

This Decision shall not affect the Union asylum acquis and in particular the right to apply for international protection.

Article 3

The Commission shall draw up, with the assistance of Member States, a list of the travel documents referred to in Article 1, including the dates from which those travel documents started being issued.

The Commission shall adopt an implementing act containing the list referred to in the first paragraph. That implementing act shall be published in the Official Journal of the European Union and the list shall be incorporated in the list of travel documents established under Decision No 1105/2011/EU.

Article 4

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Article 5

This Decision is addressed to the Member States in accordance with the Treaties.