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4.11.2011 Official
Journal
of
the
European
Union L
287/9
DECISION No 1105/2011/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2011
on the list of travel documents which entitle the holder to cross the external borders and which
may be endorsed with a visa and on setting up a mechanism for establishing this list
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
it allows consular staff to verify whether Member States
EUROPEAN UNION,
recognise a given travel document for the purpose of
affixing a visa sticker.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 77(2) thereof,
(4)
Under point (c) of Article 48(1) of Regulation (EC) No
810/2009 of the European Parliament and of the Council
of 13 July 2009 establishing a Community Code on
Having regard to the proposal from the European Commission,
Visas (Visa Code)
( 6 ) an exhaustive list of travel
documents issued by the host country should be drawn
up within local Schengen cooperation.
After transmission of the draft legislative act to the national
parliaments,
(5) A
mechanism
should
be
established
to
ensure
that
the
list of travel documents is constantly updated.
Acting in accordance with the ordinary legislative procedure ( 1 ),
(6)
Considering the relevance of the security of the travel
documents with regard to their possible recognition,
Whereas:
the Commission, assisted by experts of the Member
States, should provide a technical assessment, where
appropriate.
(1)
On the basis of Article 17(3)(a) of the Convention imple
menting the Schengen Agreement of 14 June 1985 ( 2 ),
Decisions SCH/Com-ex (98)56
(
(7) Member
States
are
and
should
remain
competent
for
the

3 ) and SCH/Com-ex
(99)14 (
recognition of travel documents for the purpose of

4 ) established the Manual of travel documents
entitling the holder to cross the external borders and
allowing the holder to cross the external borders and
which may be endorsed with a visa. Those Decisions
affixing a visa sticker.
should be adapted to the institutional and legal
framework of the Union.
(8) Member
States
should
notify
their
position
in
relation
to
all travel documents and endeavour to harmonise their
positions on the different types of travel documents.
(2) The
list
of
travel
documents
issued
by
third
countries
Since a Member State's failure to notify its position
should be monitored systematically to ensure that
with regard to a travel document may cause problems
Member States' authorities dealing with the processing
to holders of that travel document, a mechanism should
of visa applications and with border controls have
be established to place an obligation on Member States
accurate information at their disposal about the travel
to state their position on the recognition and non-recog
documents presented by third-country nationals.
nition of such documents. That mechanism should not
Exchanges of information between Member States on
preclude Member States from notifying a change in their
the travel documents issued and on Member States'
position at any given moment.
recognition of those travel documents, and making the
entire compilation available to the public, should be
modernised and made more efficient.
(9) An
online
database
containing
specimens
of
all
travel
documents should be established in the long term to
facilitate the examination of a given travel document
(3)
The purpose of the list of travel documents is twofold:
by border control authorities and consular staff. That
on the one hand, it allows border control authorities to
database should be kept up to date in line with any
verify whether a given travel document is recognised for
changes to previously indicated recognition or non-
the purpose of crossing the external borders as set out in
recognition of a given travel document by Member
point (a) of Article 5(1) of Regulation (EC) No 562/2006
States.
of the European Parliament and of the Council of
15 March 2006 establishing a Community Code on
(10) For
information
purposes,
the
Commission
should
draw
the rules governing the movement of persons across
up a non-exhaustive list of known fantasy and
borders (Schengen Borders Code) ( 5 ); on the other hand,
camouflage passports brought to its attention by the
Member States. The fantasy and camouflage passports
( 1 ) Position of the European Parliament of 6 July 2011 (not yet
which are on the list should not be subject to recognition
published in the Official Journal) and Decision of the Council of
or non-recognition. They should not entitle their holders
23 September 2011.
to cross the external borders and should not be endorsed
( 2 ) OJ L 239, 22.9.2000, p. 19.
with a visa.
( 3 ) OJ L 239, 22.9.2000, p. 207.
( 4 ) OJ L 239, 22.9.2000, p. 298.
( 5 ) OJ L 105, 13.4.2006, p. 1.
( 6 ) OJ L 243, 15.9.2009, p. 1.

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L 287/10
EN
Official Journal of the European Union
4.11.2011
(11) In
order
to
ensure
uniform
conditions
for
compiling
and
on European Union and to the Treaty on the Functioning
updating the list of travel documents, implementing
of the European Union, Denmark is not taking part in
powers should be conferred on the Commission. Those
the adoption of this Decision and is not bound by it or
powers should be exercised in accordance with Regu
subject to its application. Given that this Decision builds
lation (EU) No 182/2011 of the European Parliament
upon the Schengen acquis, Denmark shall, in accordance
and of the Council of 16 February 2011 laying down
with Article 4 of that Protocol, decide within a period of
the rules and general principles concerning mechanisms
6 months after the Council has decided on this Decision
for control by Member States of the Commission's
whether it will implement it in its national law.
exercise of implementing powers ( 1 ).
(17) This Decision constitutes a development of the
(12) The
advisory
procedure
should
be
used
for
drawing
up
provisions of the Schengen acquis in which the United
and updating the list of travel documents, given that
Kingdom does not take part, in accordance with Council
those acts merely constitute the compilation of issued
Decision 2000/365/EC of 29 May 2000 concerning the
travel documents.
request of the United Kingdom of Great Britain and
Northern Ireland to take part in some of the provisions
of the Schengen acquis ( 7 ); the United Kingdom is
(13) As
regards
Iceland
and
Norway,
this
Decision
constitutes
therefore not taking part in its adoption and is not
a development of the provisions of the Schengen acquis
bound by it or subject to its application.
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
(18) This Decision constitutes a development of the
latters' association with the implementation, application
provisions of the Schengen acquis in which Ireland does
and development of the Schengen acquis ( 2 ), which fall
not take part, in accordance with Council Decision
within the area referred to in Article 1, points A, B
2002/192/EC of 28 February 2002 concerning Ireland's
and C, of Council Decision 1999/437/EC of 17 May
request to take part in some of the provisions of the
1999 on certain arrangements for the application of
Schengen acquis ( 8 ); Ireland is therefore not taking part
that Agreement ( 3 ).
in its adoption and is not bound by it or subject to its
application.
(14) As
regards
Switzerland,
this
Decision
constitutes
a
devel
opment of the provisions of the Schengen acquis within
(19) As
regards Cyprus, this Decision constitutes an act
the meaning of the Agreement between the European
building upon, or otherwise related to, the Schengen
Union, the European Community and the Swiss Confed
acquis within the meaning of Article 3(2) of the 2003
eration on the Swiss Confederation's association with the
Act of Accession.
implementation, application and development of the
Schengen acquis ( 4 ), which fall within the area referred
to in Article 1, points A, B and C, of Decision
(20) This Decision constitutes an act building upon, or
1999/437/EC read in conjunction with Article 3 of
otherwise related to, the Schengen acquis within the
Council Decision 2008/146/EC ( 5 ).
meaning of Article 4(2) of the 2005 Act of Accession,
(15) As
regards Liechtenstein, this Decision constitutes a
HAVE ADOPTED THIS DECISION:
development of the provisions of the Schengen acquis
within the meaning of the Protocol signed between the
European Union, the European Community, the Swiss
Article 1
Confederation and the Principality of Liechtenstein on
the accession of the Principality of Liechtenstein to the
Subject matter and scope
Agreement between the European Union, the European
1. This
Decision
establishes
the
list
of
travel
documents
Community and the Swiss Confederation on the Swiss
which entitle the holder to cross the external borders and
Confederation's association with the implementation,
which may be endorsed with a visa (the list of travel
application and development of the Schengen acquis,
documents) and a mechanism for compiling it.
which fall within the area referred to in Article 1,
points A, B and C, of Decision 1999/437/EC read in
conjunction with Article 3 of Council Decision
2. This
Decision
applies
to
travel
documents
such
as
a
2011/350/EU ( 6 ).
national passport (ordinary, diplomatic, service/official or
special passport), an emergency travel document, a refugee or
stateless person's travel document, a travel document issued by
(16) In
accordance
with
Articles
1
and
2
of
the
Protocol
(No
international organisations, or a laissez-passer.
22) on the position of Denmark, annexed to the Treaty
( 1 ) OJ L 55, 28.2.2011, p. 13.
3. This
Decision
does
not
affect
Member
States'
competence
( 2 ) OJ L 176, 10.7.1999, p. 36.
for the recognition of travel documents.
( 3 ) OJ L 176, 10.7.1999, p. 31.
( 4 ) OJ L 53, 27.2.2008, p. 52.
( 5 ) OJ L 53, 27.2.2008, p. 1.
( 7 ) OJ L 131, 1.6.2000, p. 43.
( 6 ) OJ L 160, 18.6.2011, p. 19.
( 8 ) OJ L 64, 7.3.2002, p. 20.

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EN
4.11.2011 Official
Journal
of
the
European
Union L
287/11
Article 2
Article 4
Compilation of the list of travel documents
Notification of recognition or non-recognition of listed
travel documents
1. The
Commission
shall
draw
up
the
list
of
travel
documents with the assistance of Member States on the basis
1. Within 3 months after the communication of the list of
of information gathered within local Schengen cooperation, as
travel documents, Member States shall notify to the
referred to in point (c) of Article 48(1) of Regulation (EC) No
Commission their position on recognition or non-recognition
810/2009.
of the listed travel documents.
2. The list of travel documents shall be drawn up in
2. If a Member State fails to notify its position within the
accordance with the advisory procedure referred to in
period referred to in paragraph 1, the travel document
Article 8(2).
concerned shall be deemed to be recognised until that
Member State's notification of its non-recognition.
Article 3
Structure of the list of travel documents
3. Within the framework of the committee referred to in
Article 8(1), Member States shall exchange information on the
1. The
list
of
travel
documents
shall
be
divided
into
three grounds for the recognition or non-recognition of specific travel
parts.
documents with a view to reaching a harmonised position.
2. Part
I
shall
consist
of
travel
documents
issued
by
the
third 4. Member
States
shall
notify
the
Commission
of
all
changes
countries and territorial entities listed in Annexes I and II to
to previously indicated recognition or non-recognition of a
Council Regulation (EC) No 539/2001 of 15 March 2001
given travel document.
listing the third countries whose nationals must be in
possession of visas when crossing the external borders and
those whose nationals are exempt from that requirement (
Article 5

1 ).
New travel documents issued
3. Part
II
shall
consist
of
the
following
travel
documents
issued by Member States, including those issued by the
1. Member
States
shall
notify
the
Commission
of
new
travel
Member States of the European Union which are not taking
documents referred to in points (a) to (d) of Article 3(3).
part in the adoption of this Decision and by the Member
States of the European Union which do not yet apply the
2. Member
States
shall
inform
the
Commission
of
new
travel
provisions of the Schengen acquis in full:
documents issued by third countries, Member States and inter
national organisations referred to in Article 3(2), in point (e) of
(a) travel documents issued to third-country nationals;
Article 3(3) and in Article 3(4). The Commission shall, in coop
eration with the Member States, endeavour to collect specimens
(b) travel documents issued to refugees under the United
of new travel documents in order to share them.
Nations Convention Relating to the Status of Refugees of
28 July 1951;
3. The
Commission
shall
update
the
list
of
travel
documents
in accordance with the notifications and information received
(c) travel documents issued to stateless persons under the
and shall request Member States to notify their position on
United Nations Convention relating to the Status of
recognition or non-recognition in accordance with Article 4.
Stateless Persons of 28 September 1954;
4. The
updated
list
of
travel
documents
shall
be
drawn
up
in
(d) travel documents issued to persons who do not hold the
accordance with the advisory procedure referred to in
nationality of any country and who reside in a Member
Article 8(2).
State;
Article 6
(e) travel documents issued by the United Kingdom to British
citizens who are not nationals of the United Kingdom of
Information concerning known fantasy and camouflage
Great Britain and Northern Ireland for the purposes of
passports
Union law.
The Commission shall also draw up and update a non-
exhaustive list of known fantasy and camouflage passports on
4. Part
III
shall
consist
of
travel
documents
issued
by
inter
the basis of information received from the Member States.
national organisations.
Article 7
5. As a general rule, the listing of a given travel document
applies to all series of that travel document that are still valid.
Assessment of travel documents
1. In
order
to
assist
the
Member
States
in
their
technical
6. If a third country does not issue a particular type of travel
assessment of travel documents, the Commission, assisted by
document, this shall be indicated by entering 'not issued' in the
experts of the Member States, may provide for a technical
list of travel documents.
analysis of the travel documents, taking into account in
particular the relevant International Civil Aviation Organization
( 1 ) OJ L 81, 21.3.2001, p. 1.
standards and recommendations.

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L 287/12
EN
Official Journal of the European Union
4.11.2011
2. Where
relevant,
the
conditions
and
procedures
for
issuing
Article 11
travel documents may also be analysed within this framework.
Entry into force
3. The
results
of
the
assessments
referred
to
in
paragraphs
1
1. This
Decision
shall
enter
into
force
on
the
20th
day
and 2 shall be communicated to the Member States.
following its publication in the Official Journal of the European
Union.
Article 8
Committee procedure
2. This
Decision
shall
apply
with
effect
from
the
date
of
its
1. The
Commission
shall
be
assisted
by
a
committee
(the entry into force, except for Article 10, which shall apply with
Travel Document Committee). That committee shall be a
effect from the date of the first publication by the Commission
committee within the meaning of Regulation (EU) No
of the list of travel documents.
182/2011.
2. Where
reference
is
made
to
this
paragraph,
Article
4
of
Article 12
Regulation (EU) No 182/2011 shall apply.
Addressees
Article 9
This Decision is addressed to the Member States in accordance
with the Treaties.
Publication of the lists
The Commission shall make the list of travel documents,
including the notifications pursuant to Article 4, and the list
referred to in Article 6, available to the Member States and the
Done at Strasbourg, 25 October 2011.
public via a constantly updated electronic publication.
Article 10
Repeals
For the European Parliament
For the Council
Decisions SCH/Com-ex (98)56 and SCH/Com-ex (99)14 shall be
The President
The President
repealed.
J. BUZEK
M. DOWGIELEWICZ

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