Decision 2007/801 - 2007/801/EC: Council Decision of 6 December 2007 on the full application of the provisions of the Schengen acquis in the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

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1.

Current status

This decision has been published on December  8, 2007 and should have been implemented in national regulation on the same day at the latest.

2.

Key information

official title

2007/801/EC: Council Decision of 6 December 2007 on the full application of the provisions of the Schengen acquis in the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic
 
Legal instrument Decision
Number legal act Decision 2007/801
CELEX number i 32007D0801

3.

Key dates

Document 06-12-2007
Publication in Official Journal 08-12-2007; Special edition in Croatian: Chapter 19 Volume 009,OJ L 323, 8.12.2007
Effect 08-12-2007; Takes effect Date pub. See Art 3
End of validity 31-12-9999

4.

Legislative text

8.12.2007   

EN

Official Journal of the European Union

L 323/34

 

COUNCIL DECISION

of 6 December 2007

on the full application of the provisions of the Schengen acquis in the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic

(2007/801/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the 2003 Act of Accession, and in particular Article 3(2) thereof,

Having regard to the Opinion of the European Parliament (1),

Whereas:

 

(1)

Article 3(2) of the 2003 Act of Accession provides that the provisions of the Schengen acquis other than those mentioned in Annex I to the said Act shall only apply in a new Member State within the meaning of that instrument pursuant to a Council Decision to that effect after verification that the necessary conditions for the application of that acquis have been met.

 

(2)

The Council, having verified that the necessary conditions for the application of the data protection part of the Schengen acquis concerned had been met by the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (hereinafter the Member States concerned), rendered the provisions of the Schengen acquis related to the Schengen Information System applicable to the Member States concerned from 1 September 2007.

 

(3)

The Council has now verified, in accordance with the applicable Schengen evaluation procedures as set out in the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (SCH/Com-ex (98) 26 def.) (2), that the necessary conditions for the application of the Schengen acquis have been met in all other areas of the Schengen acquis — Air Borders, Land Borders, Police Cooperation, the Schengen Information System, Sea Borders and Visas — in the Member States concerned.

 

(4)

On 8 November 2007, the Council concluded that the conditions in each of the areas mentioned had been fulfilled by the Member States concerned.

 

(5)

It is possible to set dates for the application of the Schengen acquis in full by those Member States, i.e. dates from which checks on persons at the internal borders with those Member States should be lifted.

 

(6)

From the earliest such dates, the restrictions on the use of the Schengen Information System, provided for in Council Decision 2007/471/EC of 12 June 2007 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (3), should be lifted.

 

(7)

In order to avoid the enlargement of the Schengen area causing travel within the area to become more difficult for certain categories of persons, the facilitation provided by Decision No 895/2006/EC (4) for third-country nationals holding a national short-term visa issued by one of the Member States concerned for transit through the territory of other Member States concerned, should be maintained. Consequently, certain provisions of that Decision should continue to apply for a limited, transitional period.

 

(8)

In accordance with the second subparagraph of Article 3(2) of the 2003 Act of Accession and as a result of the partial application of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland provided for in Council Decision 2004/926/EC of 22 December 2004 on...


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