Commission communication in pursuance of Council Regulation (EC) No 574/1999 of 12 March 1999 determining the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States(1)

(1999/C 133/11)

(Update and revision of information published 3 April 1998 (Official Journal C 101, page 4 pursuant to Articles 2 and 4 of Regulation (EC) No 2317/95(2)) - Information provided by the Member States as at 1 May 1999)

A.1. Inventory of visa regimes applied to countries not featured on the common list annexed to Council Regulation (EC) No 574/1999

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A.2. Inventory of countries whose nationals are exempted from the visa requirement by all Member States

Note: This information is not specifically required by the Regulation.

Andorra

Argentina

Canada

Chile

Czech Republic

Cyprus

Hungary

Iceland

Japan

Liechtenstein

Malta

Mexico(3)

Monaco

New Zealand

Norway

San Marino

Singapore

Slovenia

South Korea

Switzerland

Uruguay

A.3. List of dependant territories of the Member States whose nationals are subject to the visa requirement by one or more Member States

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A.4. Specific situation pertaining to territorial entities in China

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B. Territorial entities and authorities which are not recognised (Article 2(3))

The nationals of territorial entities and authorities which are not recognised as States by any Member State are subject to the visa requirement by all Member States.

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C. Situation of stateless persons and recognised refugees and the visa requirement for first entry into the territory (Article 2 paragraph 2)

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D. Categories of nationals of third countries on the common list who are exempt from the visa requirement within the meaning of Article 4(1) of the Regulation

I. GENERAL COMMENTS:

Article 4(1) refers to the following categories:

1= holders of diplomatic passports

2= holders of official duty passports and other official passports

3= civilian air and sea crew, etc.

4= flight crew and attendants on emergency or rescue flights and other helpers in the event of disaster or accident

5= other

For the categories referred to in 1, 2 and 3 the Member States have entered into international commitments which provide for general or specific exemption from the visa requirement. Examples of these agreements include the Vienna Convention of 18 April 1961 on Diplomatic Relations, or relating to transport, the Chicago Convention of 7 December 1944 on International Civil Aviation, and particularly its Annex 9 or the International Labour Organization's Seafarers' Identity Documents Convention, 1958 (No 108).

Under point 5, it should be noted that there is an exemption for third country school children resident in a Member State of the union travelling as part of a school trip in accordance with the joint action 94/795/JHA (OJ L 327, 19.12.1994) with the exception of Portugal.

II. SPECIFIC INFORMATION:

The information given below is more specific to the Member States, and varies depending on the agreements they have signed with the third countries concerned with a view to dispensing with the visa requirement for the categories of nationals of third countries listed under Article 4(1) of the Regulation.

Benelux:

1 and 2: - Holders of diplomatic passports or official duty passports: Côte d'Ivoire, Morocco, Pakistan, Senegal, Thailand, Tunisia, Turkey

- Holders of diplomatic passports: Romania and Chad

- Holders of United Nations passes

- Holders of a NATO Mission Order

3: - Exemption for civilian air and sea crew

- Special conditions for the internal navigation of the Rhine

Denmark:

1 and 2: - Holders of diplomatic passports: Bulgaria, Romania

- Holders of diplomatic passports and official duty passports: India, Pakistan, Philippines, Thailand and Turkey

- Holders of United Nations passes

- Holders of a NATO Mission Order

3: - Exemption for civilian air and sea crew

Germany:

1 and 2: - Holders of diplomatic passports: Bulgaria, India and Morocco

- Holders of diplomatic passports and official duty passports: Chad, Ghana, Pakistan, Philippines, Senegal, Thailand and Turkey. These are exempt for a maximum of 90 days (on condition that do not exercise an economic activity)

3: - Exemption for civilian air and sea crew

- Special conditions for the internal navigation of the Rhine and Danube

4: - Flight crew and attendants on emergency or rescue flights and other helpers in the event of disaster or accident

Greece:

1 and 2: - Holders of diplomatic passports and official duty passports: Albania, Bulgaria, Morocco, Peru, Philippines, Tunisia, Turkey and Federal Republic of Yugoslavia (FRY) (Montenegro and Serbia)

- Holders of diplomatic passports: Romania

Spain:

1 and 2: - For the Bulgaria, Morocco, Romania and Tunisia: exemption for holders of diplomatic passports for a maximum of 90 days

- For the Philippines and Turkey: exemption for holders of diplomatic passports and official duty passports for a maximum of 90 days

3: - Exemption for civilian air and sea crew

France:

1 and 2: - Holders of diplomatic passports, official duty or special passports: Turkey

- Holders of diplomatic passports and official duty passports: Côte d'Ivoire

- Holders of diplomatic passports: Bulgaria, Former Yugoslav Republic of Macedonia (FYROM), Gabon, Morocco, Romania, Senegal, Tunisia

3: - Exemption for civilian air crew within the meaning of Annex 9 of the Chicago Convention of 7 December 1944 on International Civil Aviation

- Exemption for civilian sea crew holding certificates Convention No 108 of the International Labour Organization (ILO) of 13 May 1958, in accordance with the International Convention of 9 May 1965.

5: - Holders of French residence documents (with the exception of documents issued by New Caledonia, Wallis and Fortuna, French Polenysia, Saint-Pierre and Miquelon), or by Monaco.

- Holders of residence documents issued by: Benelux, Germany, Greece, Spain, Italy, Austria or Portugal.

Ireland:

3: - Exemption for civilian air and sea crew members

Italy:

1 and 2: - Holders of diplomatic passports: Peru

- Holders of diplomatic passports: Albania, Romania; exempted for a maximum of 90 days

- Holders of official duty passports: Peru; exempted for a maximum of 90 days

- Holders of diplomatic passports and official duty passports: Algeria, Egypt, Kuwait, Morocco, Mauritania, Philippines, Thailand, Tunisia, Turkey

- Holders of diplomatic passports and official duty passports exempted for a maximum of 90 days: Benin, Burkina Faso, Côte d'Ivoire, Dominican Republic, Fiji, Gambia, Guyana, Former Yugoslav Republic of Macedonia (FYROM), Niger, Senegal, Togo, Uganda, Federal Republic of Yugoslavia (FRY) (Montenegro and Serbia)

5: - For Turkey: exemption for holders of special passports

Austria:

1 and 2: - Holders of diplomatic passports and official duty passports: Côte d'Ivoire, Maldives, Morocco, Pakistan, Peru, Philippines, Senegal, Thailand, Turkey

- Holders of diplomatic passports: Romania, Bulgaria and FYROM

- Holders of United Nations passes

- Persons benefiting from privileges and immunities holding special identity cards

- Customs and immigration officials working in co-operation with the Austrian authorities

- Members of Implementation Force (IFOR) and Stabilisation Force (SFOR) in transit

3: - For Bulgaria: exemption for sea crew (Danube)

4: - Flight crew and attendants on emergency or rescue flights and other helpers in the event of disaster or accident

5: - sports teams in transit, political guests

- train crews in transit

Portugal:

1 and 2: - Holders of diplomatic passports: Bulgaria, Romania

- Holders of diplomatic passports and official duty passports: Angola, Cape Verde, Morocco, Mozambique, Sao Tomé and Principe and Tunisia

3: - Exemption for civilian sea crew holding certificates issued by signatories to Convention No 108 of the International Labour Organization (ILO), and for civilian air crew holding licences and certificates within the meaning of Annexes 1 to 9 of the Chicago Convention of 7 December 1944 on International Civil Aviation

Finland:

1 and 2: - Holders of diplomatic passports: Bulgaria

- Holders of diplomatic passports and official duty passports: Pakistan, Philippines, Thailand and Turkey

Sweden:

1 and 2: - Holders of diplomatic passports: Bulgaria

- Holders of diplomatic passports and official duty passports: Philippines, Thailand and Turkey

- Holders of United Nations or European Union passes.

United Kingdom:

1 and 2: - Accredited members of diplomatic missions in London and their families (unless the person was recruited locally while in the United Kingdom and is not a diplomatic agent). In the case of nationals from countries who are subject to a visa requirement a gratis exempt visa should be obtained prior to travel to facilitate entry into the United Kingdom

- Persons exempted by the Secretary of State (in effect, persons employed by international organizations)

- Members of the Home (Armed) Forces, and members of Commonwealth or NATO forces serving in the United Kingdom or attending training courses

3: - Exemption for civilian air and sea crew members who are arriving in or departing from the United Kingdom as crew members

5: - Persons with the right of abode in the United Kingdom

(1) OJ L 72, 18.3.1999, p. 2.

(2) OJ L 234, 3.10.1995, p. 1.

It should be noted that in its judgement of 10 June 1997 in Case C-392/95 (Reports I-3213) the Court of Justice annulled this Regulation while provisionally maintaining its effects. The new Regulation was adopted on 12 March 1999 and published in OJ L 72 on 18.3.1999.

(3) Austria: For Mexico, holders of diplomatic or official duty passports are subject to the visa requirement.