Address https://gelex.eu/eli/EU/decision/2026/1733@2026-07-10/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
   3. Article 3
   4. Article 4

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), and in particular Article 25a(5), point (a), thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Following an assessment pursuant to Article 25a(2) of Regulation (EC) No 810/2009, the Commission considers that cooperation with Guinea on readmission of irregular migrants is insufficient. Significant improvements in cooperation throughout the readmission process are needed, including ensuring that Guinea cooperates effectively in the identification of irregular migrants, the issuance of emergency travel documents and the organisation of return operations in a timely and predictable manner, in line with the readmission arrangement.

(2) Persistent challenges remain as regards the identification and return of nationals of Guinea illegally staying on the territory of the Member States. Those challenges are due to the lack of response from, and follow up by, the Guinean authorities to readmission requests in both documented and undocumented cases, difficulties in the issuance of emergency travel documents that are often not provided even where the nationality has already been confirmed and the organisation of return operations on scheduled or charter flights. Furthermore, Guineans constitute the eighth 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 accumulated.

(3) Taking into account the various steps taken so far by the Commission to improve Guinea’s cooperation in the field of readmission and the Union’s overall relations with that third country, the Commission considers that such cooperation remains insufficient and that further 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. The objective of that suspension is to encourage Guinea to take the actions necessary to improve cooperation on readmission.

(5) The provisions temporarily suspended should be those referred to in Article 25a(5), point (a), of Regulation (EC) No 810/2009, namely: the possibility to waive the requirements regarding the documentary evidence to be submitted by visa applicants as referred to in Article 14(6); the general processing period of 15 calendar days referred to in Article 23(1), the suspension of which would, as a consequence, also exclude the application of the rule allowing an extension of that period up to a maximum of 45 days only in individual cases, meaning that the standard processing period would be 45 days; the issuing of multiple-entry visas in accordance with Article 24(2) and (2c); and 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, which extends the right of free movement to family members of Union citizens, 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 that Directive applies or to family members 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 that third country. This Decision should not apply to family members of UK nationals who are beneficiaries of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the Withdrawal Agreement), provided that the family members concerned are entitled to join the beneficiary of the Withdrawal Agreement in the host State and apply for a visa for this purpose.

(7) This Decision should be without prejudice to the obligations of the Member States under international law, including their obligations as host countries of international intergovernmental organisations or of international conferences convened by the United Nations or other international intergovernmental organisations and hosted by Member States. Thus, the temporary suspension should not apply to nationals of Guinea applying for a visa where this is necessary for Member States to comply with those obligations.

(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; 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 which fall within the area referred to in Article 1, point B, of Council Decision 1999/437/EC.

(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 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.

(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 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.

(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,

HAS ADOPTED THIS DECISION:

Article 1

1. This Decision shall apply to nationals of Guinea who are subject to the visa requirement pursuant to Regulation (EU) 2018/1806.

2. This Decision shall not apply to nationals of Guinea who are exempt from the visa requirement under Article 4 or Article 6 of Regulation (EU) 2018/1806.

3. This Decision shall not apply to nationals of Guinea applying for a visa who are: (a) family members of a Union citizen to whom Directive 2004/38/EC applies when accompanying or joining the Union citizen; (b) family members of a national of a third country who enjoys a right of free movement equivalent to that of Union citizens under an agreement between the Union and that third country; or (c) family members of a UK national who is a Withdrawal Agreement beneficiary, provided that the family members concerned are entitled to join the Withdrawal Agreement beneficiary in the host State and apply for a visa for this purpose.

(a) family members of a Union citizen to whom Directive 2004/38/EC applies when accompanying or joining the Union citizen;

(b) family members of a national of a third country who enjoys a right of free movement equivalent to that of Union citizens under an agreement between the Union and that third country; or

(c) family members of a UK national who is a Withdrawal Agreement beneficiary, provided that the family members concerned are entitled to join the Withdrawal Agreement beneficiary in the host State and apply for a visa for this purpose.

4. This Decision shall be without prejudice to cases where a Member State is bound by an obligation of international law, in particular where it acts: (a) as a host country of an international intergovernmental organisation; (b) as a host country of an international conference convened by, or under the auspices of, the United Nations or other international intergovernmental organisations hosted by a Member State; (c) under a multilateral agreement conferring privileges and immunities; or (d) pursuant to the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (Vatican City State) and Italy, as last amended.

(a) as a host country of an international intergovernmental organisation;

(b) as a host country of an international conference convened by, or under the auspices of, the United Nations or other international intergovernmental organisations hosted by a Member State;

(c) under a multilateral agreement conferring privileges and immunities; or

(d) pursuant to the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (Vatican City State) and Italy, as last amended.

Article 2

The application of the following provisions of Regulation (EC) No 810/2009 shall be temporarily suspended in respect of Guinea: (a) Article 14(6); (b) Article 16(5), point (b); (c) Article 23(1); and (d) Article 24(2) and (2c).

(a) Article 14(6);

(b) Article 16(5), point (b);

(c) Article 23(1); and

(d) Article 24(2) and (2c).

Article 3

This Decision shall take effect on the date of its notification.

Article 4

This Decision is addressed to the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden.

Done at Brussels, 10 July 2026. For the Council The President S. Harris

Versions

1. 2026-07-10