Overwegingen bij COM(2025)413 - Suspension of the application of certain provisions of Regulation 810/2009 with respect to Guinea - Hoofdinhoud
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| dossier | COM(2025)413 - Suspension of the application of certain provisions of Regulation 810/2009 with respect to Guinea. |
|---|---|
| document | COM(2025)413  |
| datum | 15 juli 2025 |
(2) Persistent challenges are present as regards the identification and return of Guinean nationals illegally staying on the territory of Member States, due to a lack of response and follow up from the Guinean authorities to readmission requests for documented and undocumented cases as well as difficulties with the issuance of emergency travel documents that are often not provided even in cases where the nationality has been previously confirmed and with the organisation of return operations on scheduled and charter flights. With regard to those challenges, it should also be considered that Guineans are the eigth-largest identified nationality in terms of irregular arrivals to the Union among the countries assessed under Article 25a(2) of Regulation (EC) No 810/2009, and a considerable backlog of readmission cases has been formed.
(3) Taking into account the various steps taken so far by the Commission to improve the level of cooperation of Guinea in the field of readmission and the Union’s overall relations with that third country, the Commission considers that Guinea is not cooperating sufficiently and that action is therefore needed.
(4) The application of certain provisions of Regulation (EC) No 810/2009 should therefore be suspended for nationals of Guinea who are subject to the visa requirement pursuant to Regulation (EU) 2018/1806 of the European Parliament and of the Council 9 . The objective is to encourage Guinea to undertake the actions necessary to improve cooperation on readmission matters.
(5) In accordance with Article 25a(5), point (a), of Regulation (EC) No 810/2009, it is appropriate to lay down a suspension of the possibility of waiving the requirements regarding the documentary evidence to be submitted by visa applicants referred to in Article 14(6), of the general 15 calendar days processing period referred to in Article 23(1) (which, as a consequence, also excludes the application of the rule allowing an extension of that period up to a maximum of 45 days only in individual cases, meaning that 45 days should become the standard processing period), of the issuing of multiple-entry visas in accordance with Article 24(2) and (2c), and of the optional visa fee waiver for holders of diplomatic and service passports in accordance with Article 16(5), point (b).
(6) This Decision should not affect the application of Directive 2004/38/EC of the European Parliament and of the Council 10 , which extends the right of free movement to family members irrespective of their nationality when joining or accompanying the Union citizen. This Decision should thus not apply to family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying a right of free movement equivalent to that of Union citizens under an agreement between the Union and a third country.
(7) The measures provided for in this Decision should be without prejudice to the obligations of the Member States under international law, including as host countries of international intergovernmental organisations or of international conferences convened by the United Nations or other international intergovernmental organisations hosted by Member States. Thus, the suspension should not apply to nationals of Guinea applying for a visa in so far as necessary for Member States to comply with their obligations as host countries of such organisations or of such conferences.
(8) In accordance with Articles 1 and 2 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 is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Decision whether it will implement it in its national law.
(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 11 ; 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 the 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 latters’ association with the implementation, application and development of the Schengen acquis 12 which fall within the area referred to in Article 1, point B, of Council Decision 1999/437/EC 13 .
(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 14 which fall within the area referred to in Article 1, point B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC 15 .
(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 16 which fall within the area referred to in Article 1, point B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU 17 .
(13) As regards Cyprus, this decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession.