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Europaudvalget 2002-03
EUU Alm.del Bilag 115
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Europaudvalget

(Alm. del - bilag 115)

rådsmødereferater

(Offentligt)

Medlemmerne af Folketingets Europaudvalg

og deres stedfortrædere

Bilag

Journalnummer

400.C.2-0

Kontor

EU-sekr.

23. oktober 2002

Til underretning for Folketingets Europaudvalg vedlægges konklusioner vedrørende Kaliningrad fra rådsmødet

(almindelige anliggender og eksterne forbindelser) den 21.- 22. oktober 2002.

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22.10.2002

Council Conclusions

Kaliningrad

Further to its Conclusions of 30 September, the Council takes note of the information provided by the

Presidency and the Commission concerning the discussions with Lithuania and the Russian Federation.

The Council concludes that the following elements should allow a solution to be reached at the EU-Russia

Summit on 11 November, provided that all the points in this package are acceptable to the parties involved:

1. According to agreement with the EU concerning chapter 24 in the Accession Treaty Lithuania will from

1 January 2003 implement national regulations for border control. This will be done in a flexible manner

which will not disrupt the traditional flow of transit passengers by train. The Lithuanian authorities will

carry out necessary controls and maintain its sovereign right to refuse entry into Lithuania.

2. In accordance with the Commission Communication of 18 September 2002 the FTD should be available

as from 1 July 2003 for all forms of direct transit between Kaliningrad and the rest of Russia. The EU

and Lithuania should seek to ensure that the operation of the system, which shall be in accordance with

the Schengen-acquis, should be as simple and unbureaucratic as possible, in particular for rail passengers,

including as appropriate through the use of machine-readable documentation.

3. The use of internal Russian passports together with FTDs or other valid travel documentation will be

sanctioned by Lithuania until 31/12/2004 for transit by train.

4. A decision to launch a feasibility study in 2003 by independent consultants will be taken by the EU with

the agreement of Lithuania when there is agreement with Lithuania on the Terms of Reference for the

study. The Commission will as soon as possible after the meeting of the European Council in

Copenhagen initiate the process of developing Terms of Reference to be worked out by the Commission

in cooperation with Lithuania. The recommendations of the feasibility study must be i n accordance with

the Schengen acquis. The feasibility study should be completed as soon as possible.

5. At the EU-Russia summit on 11 November detailed plans will be agreed concerning intensified

discussions in the PCA structures on related but separate matters concerning border management and

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cooperation on justice and home affairs questions, including the negotiation of an EU-Russia

Readmission Agreement, the opening of additional consulates and cooperation between the Russian

authorities, the EU and the candidate countries on migration and combating trans-border crime.

6. Russia will conclude readmission agreements covering all nationalities with the candidate countries and

notably Lithuania, as soon as possible.

7. T

he Council agreed that the Russian proposal to open discussions on defining the necessary conditions for the eventual

establishment of a visa-free regime is separate from the discussions on Kaliningrad, and will be considered a long-term issue.

Discussions on this subject should take place in the PCA structures.

•

he EU will meet Lithuania's concerns regarding the timely lifting of internal border controls, by confirming its

intention to include in the Accession Treaty binding guarantees that

1. the EU would provide assistance to Lithuania for additional costs of the implementation of the measures

in a Kaliningrad "package".

2. a decision on the non-stop trains option will be taken only after Lithuania's accession to the EU.

The EU will assist Lithuania in fulfilling the conditions for full participation in the Schengen regime as soon as

possible in order to secure that Lithuania will be among the first group of candidate countries to participate

fully in Schengen. Full participation will depend on an objective evaluation concluding that Lithuania fulfils all

necessary conditions according to the Schengen acquis. Any development of the Schengen acquis to take

account of the specific situation of Kaliningrad w ould not, in itself, delay or prevent the full participation of

Lithuania in the Schengen regime, including the lifting of internal border controls.

In this context, the Commission is invited to explore further means of reducing the administrative procedures

through which Russian rail travellers will obtain FTDs in accordance with the Schengen acquis.

The Council invites the Presidency and the Commission to continue discussion with the Russian Federation in

order to reach a common understanding on the modalities of a solution along the above lines, in full respect of

Lithuania's sovereignty and of the principles of the acquis, before the EU-Russia Summit.