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Information pursuant to 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 (1)

(2006/C 311/06)

This publication is based on information communicated by the Member States to the Commission in conformity with Article 5 of the Regulation as at 16.10.2006 (2)

In addition to the publication in the OJ, a monthly up date is available on the website of Directorate General Justice, Freedom and Security.

1.   Exceptions by virtue of Article 4(1) and (2), to the visa requirement envisaged by Article 1(1)

1.1.   The visa requirement is waived for the categories of persons originating in the countries in the column on the left corresponding to the following key:

1.2.   Visa exemption for other categories mentioned in Article 4

—   Civilian air crew members:

They are in principle exempted from the visa requirement by the Member States when holding licences and certificates within the meaning of Annexes 1 to 9 of the Convention of Chicago on International Civil Aviation.

However, the visa requirement is maintained:

—   Civilian sea crew members:

They can be exempted from the visa requirement by the Member States when holding Seafarer's Identity Documents, issued according to the International Labour Organisation Conventions (No 108 of 1958 — No 185 of 2003)/the IMO Convention of London of 9 April 1965 (FAL) on the facilitation of international maritime traffic.

In practice:

Comment by Norway: exempt from the visa requirement are the holders of a Philippine ‘Seafarer's Identification and Record Book’ and/or a Philippine national passport (see the shipping agreement of October 1999 between the Philippines and Norway). The holder must produce written confirmation from the ship owner or the ship owner's representative that the holder is to take up an engagement on a ship in a Norwegian port.

Comment by Slovakia: In the case of transit, the visa requirement is maintained for crew members with exception of citizens of Serbia and Montenegro (Agreement on visa facilitation between Slovakia and Serbia and Montenegro). The holders must produce: travel document, seaman's book and engagement on ship.

—   Civilian ships crew members (on international internal waterways):

—   The Rhine:

Belgium, Germany, France, Luxembourg and the Netherlands exempt these crew members from the visa requirement provided that they are holders of a travel document containing a trilingual stamp or mention identifying them as a Rhine boatman in accordance with the resolutions of the Central Commission for the navigation of the Rhine.

—   The Danube:

Germany and Austria exempt these crew members from the visa requirement provided that they are holders of a document identifying them as a Danube boatman and they figure on the crew list.

—   Laissez-passer issued by international organisations to their officials:

General observation:

Portugal: the holders of such laissez-passer do not benefit from a visa exemption;

Austria: the beneficiaries of privileges and immunities who have been issued with a specific identity document are exempt from visa.

Observations relating to particular organisations:

United Nations:

The exemption from the visa requirement, as indicated in the table by Member States, applies to holders of UN laissez-passer.

In addition, the holders of Identification Card SHIRBRIG, Planning Element Official, issued by the Chief of Defence Denmark are exempt from the visa requirement by Denmark.

North Atlantic Treaty Organisation:

The holders of a Travel Order issued by NATO Headquarters are exempt from the visa requirement irrespective of their nationality in accordance with Article 3 of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed at London on 19.6.1951, where they are members of a NATO force.

Customs Cooperation Council:

The exemption from the visa requirement, as indicated in the table by Benelux, applies to holders of laissez-passer issued by the Secretary General of the Customs Cooperation Council.

2.   Exceptions by virtue of Article 4 to the visa exemption envisaged by Article 1(2)

A visa obligation is applied to the categories of persons originating in the countries in the column on the left corresponding to the following key:

3.   Measures of exception by virtue of Article 4(3) to the exemption from visa provided for in Article 1(2)

Persons originating in the countries figuring in the column on the left are subject to the visa requirement when carrying out a paid activity during their stay

4.   Measures by virtue of Article 3, second indent of the regulation

Recognised refugees and stateless persons are exempt from the visa requirement provided that they are legally resident in one of the countries or entities in the left-hand column and are in possession of a travel document issued by the competent authorities of that country or entity.

Data whose publication is not required by Article 5 of Council Regulation (EC) No 539/2001 but published for information purposes only

(Status of additional information communicated to the Commission)

Situation specific to persons deriving their nationality status by virtue of a connection with British Overseas Territories who are subject to a visa requirement by one or more States (21)

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(1)OJ L 81, 21.3.2001, p. 1.

(2)  In accordance with Article 1 of the protocol on the position of Ireland and the United Kingdom annexed to the Treaty on the European Union and to the European Community Treaty, and without prejudice to its Article 4, the provisions of Council Regulation (EC) No 539/2001 are not applied by Ireland or the United Kingdom.

(3)  The exemption of the visa requirement for holders of diplomatic passports, as indicated in the table, refers to diplomats travelling on official business for short stays. The table is without prejudice to rules applying to diplomats travelling to the Member States where they are or will be accredited.

Holders of Vatican passports, irrespective of their nationality are exempted from the visa requirement by Germany, Sweden, Czech Republic, Latvia, Denmark, Slovakia, Poland and France.

Holders of valid identity cards issued by the authorities of the Vatican City State are exempted from the visa requirement by Denmark and Slovakia.

Holders of valid ordinary, diplomatic or service passports issued by the competent authorities of the Vatican City can enter the Benelux countries without a visa.

Holders of diplomatic and service passports of the Sovereign Military Order of Malta are exempted from the visa requirement by Poland.

(4)  Benelux: In application of the Convention of 11 April 1960, and in particular Article 3, the countries of the Benelux have a harmonised policy in relation to short stay visas for third countries.

(5)  Poland: Up to 30 days stay.

(6)  Sweden: The exemption from the visa requirement for United Nations applies to employees of the UN when on duty and who hold a certificate issued by the UN to certify this.

(7)  France: although the United States and Israel are signatories to the Chicago Convention, the visa requirement is nevertheless maintained for crew members who are nationals of those two countries.

(8)  France: although the United States and Israel are signatories to the 1965 London Convention, the visa requirement is nevertheless maintained for crew members who are nationals of those two countries.

(9)  Spain: for the United States of America, holders of diplomatic or service/official passports on official missions or official visits are subject to the visa requirement. The visa is not necessary when the entrance is in application of the Hispanic-North American Convention of 1 May 1988.

(10)  France and Portugal: only when the holders of diplomatic or official duty passports are on mission.

(11)  If travelling on official business

(12)  Poland: for the holders of D/S passports on mission

(13)  Poland: for the holders of D/S passports on mission (validity of visas not longer than 4 years)

(14)  Comment by Spain: Andorran nationals are exempt from the visa requirement when carrying out an economic activity during their stay, except where they exercise an independent profession.

(15)  Comment by France: for Canada, the visa requirement applies only to professional trainees who come over for a traineeship under the agreement between France and Canada of 4 October 1956.

(16)  Comment by Estonia: In order to work in Estonia an alien must hold a work permit/residence permit for employment. Registration of short-term employment is needed for aliens who arrive/stay in Estonia either on the basis of a visa (D-type) or on a visa-free basis (unless any international agreement stipulates otherwise) and it cannot exceed a period of 6 months a year.

(17)  Remarks of Germany: The following groups of employees are not considered as carrying out a paid activity and are therefore visa-free under the specified conditions::

As paid activity is also understood the self employed profession. Some special activities are not regarded as paid activity: (§17. 2 of the ordinance on residence in connection with § 16 of the ordinance on employment, for example special drivers). These persons may enter visa free under the conditions especially set out.

(18)  It is a general requirement that the person holds a valid travel document issued in accordance with the rules of the Agreement of 15 October 1946 regarding the issue of travel documents to refugees, the Convention relating to the Status of Refugees of 28 July 1951 or the Convention relating to the Status of Stateless Persons of 28 September 1954. The travel document must contain an authorisation to return which has a sufficiently long period of validity.

(19)  For Germany: applies in each case from the date of entry into force of the agreements and conventions referred to in footnote (*) on the issue of travel documents to refugees and stateless persons.

(20)  Poland: for visits up to 3 months and not for paid activity.

(21)  The British Overseas Territories Act 2002, which entered into force on 21 May 2002, has introduced major changes to the status of the Overseas Territories and the rules governing the nationality under the law of persons who are dependent on that status in the United Kingdom.

(22)Estonia: All British Overseas Territories are subject to a visa requirement unless in travel document ‘citizen of European Community’ is marked

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