Introductory text

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 62(2), points (a) and (b)(ii) thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article 251 of the Treaty^f1,

Whereas:

Council Regulation (EC) No 1295/2003 of 15 July 2003 relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the Olympic or Paralympic Games in Athens^f2 established a specific temporary system derogating from the normal procedures for issuing visas for the members of the Olympic family participating in the Athens 2004 Olympic and/or Paralympic Games, to enable Greece to host the first Olympic and Paralympic Games organised by a Member State which is part of the Schengen area without internal borders and in order to allow Greece to respect its obligation under the Olympic Charter.

Regulation (EC) No 1295/2003 laid down specific provisions facilitating the procedures for submitting applications for uniform visas and the form in which visas were issued for the members of the Olympic family, as well as specific provisions simplifying external border checks for that category of persons. Moreover, it provided for an evaluation report on the functioning of the Regulation to be submitted to the European Parliament and the Council.

In its evaluation, the Commission concluded that the implementation of Regulation (EC) No 1295/2003 was successful, and the derogation system has been considered effective, flexible and adequate for regulating the entry and short stay of members of the Olympic family participating in the Games, within the Schengen area without internal borders.

Therefore the European Union should adopt a similar derogation system for the 2006 Olympic and Paralympic Winter Games to allow Italy to honour, as host country, its Olympic Charter obligations, while ensuring a high level of security in the Schengen area without internal borders.

Although the visa obligation is maintained for members of the Olympic family who are nationals of third countries subject to the visa requirement under Council Regulation (EC) No 539/2001 of 15 March 2001 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^f3, a temporary derogation should be established for the duration of the 2006 Olympic and Paralympic Winter Games.

The scope of this derogation should be limited to the provisions of the acquis concerning the submission of visa applications, the issuing of visas and their format. Equally, the methods for carrying out checks at the external borders should be adapted within the limits necessary to take into account changes in the visa system.

Visa applications for members of the Olympic family taking part in the 2006 Olympic and/or Paralympic Winter Games should be submitted to the Organising Committee of the 2006 Olympic and Paralympic Winter Games via the organisations responsible at the same time as the application for accreditation. The application form for accreditation should contain basic data relating to the persons concerned, such as their full name, sex and date and place of birth, and the number, type and expiry date of their passport and an indication of possession of a residence permit issued by a Schengen State, together with the type and expiry date of that permit. Such applications should be forwarded to the Italian services responsible for issuing visas.

The Organising Committee of the 2006 Olympic and Paralympic Winter Games issues accreditation cards to members of the Olympic family, in accordance with the specific rules defined by Italian law. The accreditation card is a highly secure document, which gives access to the specific sites where competitions are held and to other events planned during the 2006 Olympic and Paralympic Games, in view of the fact that the Games may be the target of terrorist attacks. The visa issued is affixed by means of entering a number in the accreditation card.

Irrespective of the provisions of this Regulation, members of the Olympic family may still submit individual applications for visas in accordance with the relevant provisions of the Schengen acquis.

Where no specific provisions are laid down in this Regulation, the relevant provisions of the Schengen acquis on visas and checks at Member States’ external borders should apply. This Regulation does not apply to members of the Olympic family who are nationals of third countries subject to a visa requirement and holders of a residence permit or a provisional residence permit issued by one of the Member States fully implementing the Schengen acquis. For any stay within the Schengen area without internal borders whose duration is envisaged to exceed 90 days, a temporary residence permit may be issued to the member of the Olympic family in compliance with Italian law.

Provision should be made for an evaluation of the implementation of the derogation arrangements established by this Regulation after the closure of the 2006 Paralympic Winter Games.

The adoption of this temporary derogation from certain provisions of the Schengen acquis is necessary and appropriate for the achievement of the main objective of facilitating the issuing of visas to members of the Olympic family. In accordance with the principle of proportionality, as set out in the third paragraph of Article 5 of the Treaty establishing the European Community this Regulation does not go beyond what is necessary to achieve this objective.

As regards Iceland and Norway, this Regulation 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 latters’ association with the implementation, application and development of the Schengen acquis ^f4, which fall within the area referred to in Article 1, point B, of Council Decision 1999/437/EC of 17 May 1999^f5 on certain arrangements for the application of that Agreement.

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption by the Council of this Regulation, and is not bound by it or subject to its application. However, since this Regulation builds upon the Schengen acquis under Title IV of Part Three of the Treaty establishing the European Community, Denmark will, in accordance with Article 5 of that Protocol, decide within a period of six months after the date of adoption of this Regulation whether or not it will implement it in its national law.

This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis ^f6. The United Kingdom is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis ^f7. Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 4(1) of Council Decision 2004/860/EC of 25 October 2004^f8 on the signing, on behalf of the European Community, and on the provisional application of certain provisions of that Agreement.

All the provisions of this Regulation, with the exception of Article 9, constitute provisions building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession,

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