2001R0539 — EN — 02.04.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No539/2001
of15March2001
listing the third countries whose nationals must be in possession of visas when crossing the
externalbordersandthosewhosenationalsareexemptfromthatrequirement
(OJ L 81, 21.3.2001, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 2414/2001 of 7 December 2001 L 327 1 12.12.2001
►M2Council Regulation (EC) No 453/2003 of 6 March 2003 L 69 10 13.3.2003
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COUNCILREGULATION(EC)No539/2001
of15March2001
listing the third countries whose nationalsmustbein possessionof
visaswhencrossingtheexternalbordersandthosewhosenationals
areexemptfromthatrequirement
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 62, point (2)(b)(i) thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parliament (2),
Whereas:
(1)Under Article 62, point (2)(b) of the Treaty, the Council isto
adopt rules relating to visas for intended stays of no more thanthree months, and in that context it is required to determine thelist of those third countries whose nationals must be in posses-
sion of visas when crossing the external borders and those
whose nationals are exempt from that requirement. Article 61cites those lists among the flanking measures which are directlylinked to the free movement of persons in an area of freedom,security and justice.
(2)ThisRegulation followson from the Schengen acquisin accor-dance with the Protocol integrating it into the framework of theEuropean Union, hereinafter referred to asthe ‘SchengenProtocol’. It doesnot affect Member States ' obligationsderivingfrom the acquisasdefined in Annex A to Decis ion 1999/435/ECof 20 May 1999 concerning the definition of the Schengen
acquisfor the purpos e of determining, in conformity with the
relevant provisions of the Treaty establishing the EuropeanCommunity and the Treaty on European Union, the legal basisfor each of the provisions or decisions which constitute theacquis(
3).
(3)This Regulation constitutes the further development of thoseprovisions in respect of which closer cooperation has beenauthorised under the Schengen Protocol and falls within thearea referred to in Article 1, point B, of Decision 1999/437/ECof 17 May 1999 on certain arrangementsfor the application of
the Agreement concluded by the Council of the European Union
and the Republic of Iceland and the Kingdom of Norwayconcerning the association of those two States with the imple-mentation, application and development of the Schengenacquis(
4).
(4)Pursuant to Article 1 of the Protocol on the position of theUnited Kingdom and Ireland annexed to the Treaty on EuropeanUnion and to the Treaty establishing the European Community,Ireland and the United Kingdom are not participating in theadoption of thisRegulation. Cons equently and without prejudiceto Article 4 of the aforementioned Protocol, the provisions of
thisRegulation apply neither to Ireland nor to the United
Kingdom.
(5)The determination of those third countries whose nationals aresubject to the visa requirement, and those exempt from it, isgoverned by a considered, case-by-case assessment of a variety
of criteria relating inter alia to illegal immigration, public policy
and security, and to the European Union's external relations withthird countries, consideration also being given to the implica-2001R0539 — EN — 02.04.2003 — 002.001 — 2
(1) OJ C 177 E, 27.6.2000, p. 66.
(2) Opinion of 5 July 2000 (not yet published in the Official Journal).
(3) OJ L 176, 10.7.1999, p. 1.
(4) OJ L 176, 10.7.1999, p. 31.
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tions of regional coherence and reciprocity. Provision should be
made for a Community mechanism enabling this principle ofreciprocity to be implemented if one of the third countries
included in Annex II to thisRegulation decidesto make the
nationals of one or more Member States subject to the visa obli-gation.
(6)Asthe Agreement on the European Economic Area exemptsnationals of Iceland, Liechtenstein and Norway from the visarequirement, these countries are not included in the list in AnnexII hereto.
(7)As regards stateless persons and recognised refugees, withoutprejudice to obligationsunder international agreementss igned
by the Member Statesand in particular the European Agreement
on the Abolition of Visas for Refugees, signed at Strasbourg on20 April 1959, the decision as to the visa requirement or exemp-tion should be based on the third country in which these personsreside and which issued their travel documents. However, giventhe differences in the national legislation applicable to stateless
persons and to recognised refugees, Member States may decide
whether these categories of persons shall be subject to the visarequirement, where the third country in which these personsreside and which issued their travel documents is a third countrywhose nationals are exempt from the visa requirement.
(8)In specific cases where special visa rules are warranted, MemberStates may exempt certain categories of persons from the visa
requirement or impose it on them in accordance with public
international law or custom.
(9)With a view to ensuring that the system is administered openlyand that the persons concerned are informed, Member Statesshould communicate to the other Member States and to theCommission the measures which they take pursuant to thisRegulation. For the same reasons, that information should alsobe published in the Official Journal of the European Commu-
nities.
(10)The conditionsgoverning entry into the territory of the Member
States or the issue of visas do not affect the rules currently
governing recognition of the validity of travel documents.
(11)In accordance with the principle of proportionality stated inArticle 5 of the Treaty, enacting a Regulation listing the thirdcountries whose nationals must be in possession of visas whencrossing the external borders, and those whose nationals areexempt from that requirement, is both a necessary and an appro-
priate means of ensuring that the common visa rules operate
efficiently.
(12)ThisRegulation providesfor full harmonis ation asregardsthethird countries whose nationals are subject to the visa require-ment for the crossing of Member States' external borders and
those whose nationals are exempt from that requirement,
HAS ADOPTED THIS REGULATION:
Article 1
1. Nationals of third countries on the list in Annex I shall be
required to be in possession of a visa when crossing the externalbordersof the Member States .
2.►
M1Nationals of third countries on the list in Annex II shall be
exempt from the requirement set out in paragraph 1 for stays of nomore than three monthsin all. ◄
3. Nationalsof new third countriesformerly part of countrieson the
lists in Annexes I and II shall be subject respectively to the provisions2001R0539 — EN — 02.04.2003 — 002.001 — 3
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of paragraphs 1 and 2 unless and until the Council decides otherwise
under the procedure laid down in the relevant provision of the Treaty.
4. The establishment by a third country on the list in Annex II of the
visa requirement for nationals of a Member State shall give rise to theapplication of the following provisions, without prejudice to the provi-sions of any agreement which the Community may have concluded
with that third country granting exemption from the visa requirement:
(a) the Member State may notify the Commission and the Council in
writing of the fact that the third country has established the visarequirement;
(b) in the case of such notification, Member States' obligation to
subject the nationals of the third country concerned to the visa
requirement shall be established provisionally 30 days after notifi-
cation unless the Council, acting by qualified majority beforehand,decidesotherwis e;
(c) provisional introduction of the visa requirement shall be published
by the Council in the Official Journal of the European Commu-
nitiesbefore it takeseffect;
(d) the Commission shall examine any request made by the Council or
by a Member State that it submit a proposal to the Council
amending the Annexesto thisRegulation to include the third
country concerned in Annex I and remove it from Annex II;
(e) if, prior to the adoption by the Council of such an amendment to
the Annexesto thisRegulation, the third country repealsitsdeci-sion to establish the visa requirement, the Member Stateconcerned shall immediately notify the Commission and theCouncil in writing accordingly;
(f) such notification shall be published by the Council in the Official
Journal of the European Communities . The provisional introduction
of the visa requirement for nationals of the third country concerned
shall be repealed 7 days after the date of publication.
Article 2
For the purposes of this Regulation, ‘visa’ shall mean an authorisation
issued by a Member State or a decision taken by such State which isrequired with a view to:
— entry for an intended stay in that Member State or in several
Member Statesof no more than three monthsin total,
— entry for transit through the territory of that Member State or
several Member States, except for transit at an airport.
Article 3
Without prejudice to obligationsunder the European Agreement on the
Abolition of Visas for Refugees, signed at Strasbourg on 20 April
1959, recognised refugees and stateless persons:
— shall be subject to the visa requirement if the third country where
they reside and which issued their travel document is one of thethird countrieslis ted in Annex I;
— may be exempted from the visa requirement if the third country
where they reside and which issued their travel document is one of
the third countrieslis ted in Annex II.
Article 4
1. A Member State may provide for exceptionsfrom the vis a
requirement provided for by Article 1(1) or from the exemption from
the visa requirement provided for by Article 1(2) as regards:
(a) holders of diplomatic passports, official-duty passports and other
official passports;
(b) civilian air and sea crew;
(c) the flight crew and attendantson emergency or res cue flightsand
other helpers in the event of disaster or accident;2001R0539 — EN — 02.04.2003 — 002.001 — 4
▼B
(d) the civilian crew of ships navigating in international waters;
(e) the holders of laissez-passer issued by some intergovernmental
international organisations to their officials.
2. A Member State may exempt from the visa requirement a school
pupil having the nationality of a third country listed in Annex I who
resides in a third country listed in Annex II and is travelling in the
context of a school excursion as a member of a group of school pupilsaccompanied by a teacher from the school in question.
3. A Member State may provide for exceptionsfrom the exemption
from the visa requirement provided for in Article 1(2) as regards
persons carrying out a paid activity during their stay.
Article 5
1. Within 10 working daysof the entry into force of thisRegulation,
Member Statess hall communicate to the other Member Statesand theCommission the measures they have taken pursuant to Article 3,
second indent and Article 4. Any further changes to those measures
shall be similarly communicated within five working days.
2. The Commission shall publish the measures communicated
pursuant to paragraph 1 in the Official Journal of the European
Communities for information.
Article 6
ThisRegulation s hall not affect the competence of Member Stateswith
regard to the recognition of States and territorial units and passports,travel and identity documents issued by their authorities.
Article 7
1. Council Regulation (EC) No 574/1999 (
1) shall be replaced by
thisRegulation.
2. The final versions of the Common Consular Instruction (CCI) and
of the Common Manual (CM), as they result from the Decision of the
Schengen Executive Committee of 28 April 1999 (SCH/Com-ex(99)
13) shall be amended as follows:
1. the heading of Annex 1, part I of the CCI and of Annex 5, part I of
the CM, shall be replaced by the following:
‘Common list of third countries the nationals of which are subject to
the visa requirement imposed by Regulation (EC) No 539/2001’;
2. the list in Annex 1, part I of the CCI and in Annex 5, part I of the
CM shall be replaced by the list in Annex I to this Regulation;
3. the heading of Annex 1, part II of the CCI and of Annex 5, part II
of the CM shall be replaced by the following:
‘Common list of third countries the nationals of which are exempted
from the visa requirement by Regulation (EC) No 539/2001’;
4. the list in Annex 1, part II of the CCI and in Annex 5, part II of the
CM shall be replaced by the list in Annex II to this Regulation;
5. part III of Annex 1 to the CCI and part III of Annex 5 of the CM
shall be deleted.
3. The decisions of the Schengen Executive Committee of 15
December 1997 (SCH/Com-ex(97)32) and of 16 December 1998(SCH/Com-ex(98)53, rev.2) shall be repealed.
Article 8
ThisRegulation s hall enter into force on the 20th day following that of
itspublication in the Official Journal of the European Communities .2001R0539 — EN — 02.04.2003 — 002.001 — 5
(1) OJ L 72, 18.3.1999, p. 2.▼M1
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ThisRegulation s hall be binding in itsentirety and directly applicable
in the Member States in accordance with the Treaty establishing theEuropean Community.2001R0539 — EN — 02.04.2003 — 002.001 — 6
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ANNEX I
Commonlistreferred toinArticle1(1)
1. STATES
Afghanistan
Albania
Algeria
AngolaAntigua and BarbudaArmeniaAzerbaijan
Bahamas
BahrainBangladeshBarbadosBelarus
Belize
BeninBhutanBosnia and HerzegovinaBotswana
Burkina Faso
Burma/MyanmarBurundiCambodiaCameroon
Cape Verde
Central African RepublicChadChinaColombia
Congo
Côte d'IvoireCubaDemocratic Republic of the CongoDjijbouti
Dominica
Dominican Republic
East Timor
Ecuador
Egypt
Equatorial Guinea
Eritrea
EthiopiaFederal Republic of Yugoslavia (Serbia-Montenegro)FijiFormer Yugoslav Republic of Macedonia
Gabon
GambiaGeorgiaGhana2001R0539 — EN — 02.04.2003 — 002.001 — 7
▼M2
▼B
▼B
Grenada
GuineaGuinea-BissauGuyana
Haiti
IndiaIndonesiaIranIraq
Jamaica
JordanKazakhstanKenya
Kiribati
KuwaitKyrgyzstanLaosLebanon
Lesotho
LiberiaLibyaMadagascar
Malawi
MaldivesMaliMarshall IslandsMauritania
Mauritius
MicronesiaMoldovaMongolia
Morocco
MozambiqueNamibiaNauru
Nepal
NigerNigeriaNorth KoreaNorthern Marianas
Oman
PakistanPalauPapua New Guinea
Peru
PhilippinesQatarRussiaRwanda
Saint Kittsand Nevis
Saint LuciaSaint Vincent and the GrenadinesSão Tomé and Príncipe
Saudi Arabia2001R0539 — EN — 02.04.2003 — 002.001 — 8
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Senegal
SeychellesSierra LeoneSolomon Islands
Somalia
South AfricaSri Lanka
Sudan
SurinamSwazilandSyria
Tajikistan
TanzaniaThailand
The Comoros
TogoTongaTrinidad and Tobago
Tunisia
TurkeyTurkmenistan
Tuvalu
UgandaUkraineUnited Arab Emirates
Uzbekistan
VanuatuVietnamWestern Samoa
Yemen
ZambiaZimbabwe
2. ENTITIES AND TERRITORIAL AUTHORITIES THAT ARE NOT
RECOGNISED AS STATES BY AT LEAST ONE MEMBER STATE
Palestinian Authority
Taiwan2001R0539 — EN — 02.04.2003 — 002.001 — 9
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▼B
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ANNEX II
Commonlistreferred toinArticle1(2)
1. STATES
Andorra
Argentina
AustraliaBoliviaBrazil
Brunei
BulgariaCanada
Chile
Costa RicaCroatiaCyprus
Czech Republic
Estonia
Guatemala
Holy See
HondurasHungaryIsrael
Japan
LatviaLithuaniaMalaysia
Malta
MexicoMonaco
New Zealand
NicaraguaPanamaParaguay
Poland
Romania ►
M1 ◄
SalvadorSan Marino
Singapore
SlovakiaSlovenia
South Korea
United Statesof America
UruguayVenezuela2001R0539 — EN — 02.04.2003 — 002.001 — 10
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2. SPECIAL ADMINISTRATIVE REGIONS OF THE PEOPLE'S REPUBLIC
OF CHINA
Hong Kong SAR (1)
Macao SAR (2)2001R0539 — EN — 02.04.2003 — 002.001 — 11
(1) The visa requirement exemption applies only to holders of a ‘Hong Kong Special
Administrative Region’ passport.
(2) The visa requirement exemption applies only to holders of a ‘Região Administrativa
Especial de Macau’ passport.