Communication from the Commission 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) as amended by Regulation (EC) No 2414/2001 of 7 December 2001(2)

(2003/C 68/02)

Additional information communicated to the Commission in conformity with Article 5 of the Regulation as at 31 December 2002(3)

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:

D= diplomatic passports

S= official duty passports and other official passports

SP= special passports.

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1.2. Visa exemption for other categories mentioned in Article 4

- Civilian air crew members:

they are in principle exempt from visa 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:

- by France for crew members who are nationals of countries who are non-signatories of the Chicago Convention;

- Civilian sea crew members:

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

In practice:

- in the case of shore leave: the exemption is applied for crew members, in conformity, with the above, and with point 6.5.2 of the Common Frontiers Manual, with the exception of Sweden and Germany,

- in the case of transit: the visa requirement is maintained for crew members by all States with the exception of Norway and Portugal.

Comment by Norway: exempted 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 shipowner or the shipowner's representative that the holder is to take up an engagement on a ship in a Norwegian port.

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

The Rhine:

they may be exempted from the visa requirement by Belgium, Germany, France, Luxembourg and the Netherlands 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:

they are in principle exempted from the visa requirement by Germany and Austria 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 exempted from visa.

Observations relating to particular organisations:

United Nations: the holders of the laissez-passer are exempted from the visa requirement except by France, Italy and Portugal.

Observation by Norway: any judge of the International Court of Justice or any official of the secretariat of this court.

North Atlantic Treaty Organisation: the holders of an official identity document or travel order are exempt from the visa requirement.

Observation by Italy: 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.

Observation by Norway: the spouse, cohabitant or any dependent children of the abovementioned categories are also exempted from the visa requirement.

Other international organisations:

Denmark exempts from visa the holders of Identification Card SHIRBRIG, Planning Element Official, issued by the Chief of Defence Denmark;

Benelux: exempts from visa holders of a 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:

D= diplomatic passports

ACR= civilian aircrew

S= official duty passports and other official passports

SCR= civilian sea crew

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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

ECO= paid activity

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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.

R= refugees

A= stateless

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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((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.))

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

(2) OJ L 327, 12.12.2001, p. 1.

(3) In application of 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.