COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93)684 final 
Brussels, 10 December 1993 
fin"Mtlf^Klttffn frtffl tttt frMWlIftion to the Council 
arm the European Parliament 
(I) Proposal for a decision, based on Article K3 of the Treaty on 
European Union establishing the Convention on the crossing of 
the external frontiers of the Member States. 
(fi) Proposa» for a regulation, based on Article 1QPÇ of the Treaty 
establishing the European Community, determining the third 
countries whose nationals must be In possession of a visa when 
crossing the external borders of the Member states. 
COMMISSION OF THE EUROPEAN COMMUNITIES 
Communication from the Commission to the Council 
and the European Parliament 
( I ) Proposal for a decision, based on Article K3 of the Treaty on 
European Union establishing the Convention on the crossing of 
the external frontiers of the Member States. 
(II) Proposal for a regulation, based on Article 100C of the Treaty 
establishing the European Community, determining the third 
countries whose nationals must be in possession of a visa when 
crossing the external borders of the Member States. 
1. The Commission herewith transmits to the Council and the Parliament 
two proposals which are closely linked and need to be examined 
together. 
2. The need for a revised draft of the Convention on the crossing of 
the external frontiers of the Member States results from a number of 
relevant developments which have taken place since negotiations on the 
earlier draft, conducted by Ministers responsible for immigration 
policy, were broken off in June 1991 when it proved impossible to find 
a solution to the sole outstanding question (the territorial 
application article) which was preventing the signature of the 
Convention. The text proposed by the Commission does not attempt to 
solve this question which will therefore require sustained further 
bilateral negotiations between the two Member States principally 
concerned. 
3. The most significant such development was the entry into force on 
1 November 1993 of the Treaty on European Union itself, particularly 
its Article 100C. This article provides that certain aspects of visa 
policy, hitherto covered by articles in the draft Convention, should 
pass to Community competence and be adopted on the basis of Community 
instruments. 
4. Together these draft proposals cover all the substantive elements 
previously brought together in the single instrument represented by the 
draft Convention. The explanation of why each of the changes to the 
Convention is necessary is set out in the explanatory memorandum. 
5. These proposals, once adopted, will provide the legislative base 
for establishing the agreed rules for crossing the external borders in 
which all Member States can have confidence. As the European Council 
has often stated, most recently at its meeting in Edinburgh in 
December 1992, this is an essential element in the creation of an area 
without internal frontiers, as provided for in Article 7A of the Treaty 
on European Union. 
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PROPOSAL FOR A COUNCIL DECISION 
ESTABLISHING A CONVENTION 
ON CONTROLS ON PERSONS 
CROSSING EXTERNAL FRONTIERS 
(presented by the Commission to the Council 
in accordance with Article K.3(2) 
of the Treaty on European Union) 
Ak 
CONTENTS 
Explanatory memorandum page 3 
Proposal for a Council Decision page 13 
Proposed Convention on Controls 
on Persons Crossing External Frontiers page 17 
EXPLANATORY MEMORANDUM 
1. The efforts of the Ministers responsible for immigration, working through 
intergovernmental cooperation, to conclude a Convention on crossings at the external 
frontiers of the Member States of the European Community - something which they 
regard as vital for the establishment of an area without internal frontiers as required by 
Article 7a of the Treaty establishing the European Community - have been overtaken by 
events in the shape of the European Union. For the Treaty on European Union 
introduces a specific procedure for the conclusion of conventions in the fields of justice 
and home affairs. 
On the formal side, the work done in the past cannot have any formal status since the 
Convention, not having been signed, does not exist legally. As regards the substance, 
however, there is^îttll the political outcome of the negotiations conducted between 1989 
and 1991, in the course of which a consensus had emerged between the Member States 
on the basic rules that should govern crossings at external frontiers, even though that 
agreement never took concrete shape because of the difference between the United 
Kingdom and Spain over Gibraltar. 
2. The aim of this proposal is to preserve that political consensus by adapting 
the text in line with the legal requirements of the Union Treaty - in particular Title VI 
- and of the future European Economic Area. 
I. ORIGIN OF THE DRAFT CONVENTION 
Earlier work 
3. Following the programme approved by the Madrid European Council for the 
establishment of an area without internal frontiers as required by Article 7a ("Palma 
document"), the Member States started work at intergovernmental level on drawing up 
a Convention on crossings at the external frontiers of the Member States. Supported by 
successive European Councils, this work, conducted under the authority of the Ministers 
responsible for immigration, resulted in the Member States reaching agreement in June 
1991 on a set of principles that were to be given formal shape in a Convention, which 
the Ministers were due to sign at the end of the Luxembourg Presidency. 
4. In the final stages of the negotiations, however, a difference arose between the 
United Kingdom and Spain over the territorial extent of the Convention with regard to 
Gibraltar. Despite two years of attempts by successive presidencies to find a 
compromise, the Convention was never signed. Nevertheless, in the absence of a formal 
conclusion by the Ministers, it was decided that all the other provisions of the 
Convention would be deemed to have been accepted tie facto by the Member States. 
5. There matters stood until the entry into force of the Union Treaty on 1 November 
1993. Title VI of the Treaty provides for cooperation between the Member States in the 
fields of justice and home affairs. 
As regards the substance, Article K. 1 states that inter alia "rules governing the crossing 
by persons of the external borders of the Member States and the exercise of controls 
thereon" (point (2)) shall be regarded as matters of common interest "[fjoi* the purposes 
of achieving the objectives of the Union, in particular the free movement of persons, and 
without prejudice to the powers of the European Community". As far as the means are 
concerned, Article K.3(2) spells out three courses open to the Council, including the 
option of "draw[ing] up conventions, which it shall recommend to the Member States 
for adoption in accordance with their respective constitutional requirements" (point (c)). 
The special procedure applicable is laid down in Title VI. 
Need for adoption of the Convention 
6. The Ministers responsible for immigration, recognizing the need to abide by this 
new legal framework, are concerned to preserve the political consensus arrived at in the 
earlier negotiations. Thus at their meeting in Copenhagen on 1 and 2 June 1993: 
"Ministers took note of the possible impact of the Treaty on European 
Union and the Agreement on the European Economic Area on the draft 
Convention on the crossing of external frontiers. Ministers agreed that: 
any changes made to the draft Convention to bring it into line with 
the Treaty on European Union should be technical in character and 
confined to what is strictly necessary; there is no question of 
reopening negotiations on any other articles than those which need 
to be revised for that purpose; 
this is a purely technical matter and must not be allowed to cause 
an impasse on legal grounds; 
there must be no legal vacuum." 
7. The main developments since 1991 requiring amendments to the text are as 
follows: 
(a) Changes in the Community framework 
Firstly, in July 1991 the full range of Community legislation to remove 
controls on goods at internal frontiers had not yet been adopted. This is 
now fully in place and controls have effectively been removed since 1 
January 1993. 
Secondly, on 2 May 1992 the Community concluded the Agreement 
establishing the European Economic Area, which - once it enters into 
force - will give nationals of the EFTA countries covered by that 
Agreement the same rights of entry and residence as nationals of the 
Member States. 
(b) Procedure introduced by Title VI of the Union Treaty 
Article K.3 of the Treaty lays down a special procedure for the adoption of legal 
instruments in the context of cooperation in the fields specified in Title VI, 
including in particular the right of initiative for the Commission as well as the 
Member States, consultation of Parliament (by the Presidency), and the option of 
granting jurisdiction to the Court of Justice. Now that the Treaty has entered into 
force, the Member States can therefore no longer conclude conventions between 
one another in the areas listed in Article K. 1 in the traditional manner prescribed 
by public international law. 
(c) Community competence regarding visas 
Under the new Article 100c of the EC Treaty, the tasks of determining "the third 
countries whose nationals must be in possession of a visa when crossing the 
external borders of the Member States" and preparing "measures relating to a 
uniform format for visas" are matters of Community competence. They must, 
then, be dealt with through decisions taken under the procedures laid down in the 
EC Treaty rather than in Title VI of the Union Treaty. 
II. AMENDMENTS REQUIRED 
Grounds for the Commission initiative 
8. Under the intergovernmental approach followed in preparing the 1991 draft, the 
Commission enjoyed no right of initiative. Now that the Union Treaty has entered into 
force, it does have a legal right of initiative, a right also enjoyed by the Member States 
(first indent of Article K.3(2)). As guardian of the Treaty, it must act to prevent any 
danger of further delay in ensuring the free movement of persons in accordance with 
Article 7a of the EC Treaty that might result from failure to adopt the Convention. The 
Edinburgh European Council clearly stated that one of the essential instruments was 
implementation of the Convention. The issue should therefore be referred to the Council 
as soon as possible. 
Form of the proposal 
9. Article K.3 defines the Council's role in the following terms: "The Council may 
... draw up conventions which it shall recommend ... for adoption". Article 220 of the 
EEC Treaty simply provided that: "The Member States shall ... enter into negotiations 
with each other with a view to securing ...". Consequently the Convention should no 
longer take the form of a traditional instrument of public international law concluded by 
the plenipotentiaries of the Heads of State. 
The Council, then, is now entitled to draw up conventions. It has a specific power to 
recommend their adoption by the Member States in accordance with their respective 
constitutional requirements. These two functions will be reflected in a specific act of the 
Council, signed solely by its President and distinct from the Convention itself. 
10. Since the Treaty gives no indication as to the legal nature of the act by which the 
Council is to exercise this specific power and Article 189 of the EC Treaty does not 
apply to Title VI, the act must necessarily be a decision sui generis. Thus the present 
proposal comprises two separate parts: a "Council Decision" and, annexed to it, the text 
of the Convention. 
Proposed Council Decision1 
11. The preamble comprises the normal citations (legal basis, reference to the 
Commission's proposal, Parliament's involvement as prescribed by Article K.6) plus a 
series of recitals giving the grounds not only for the Decision itself but also for the 
Convention annexed to it. The recitals originally preceding the body of the Convention 
are now included with the Decision. Their wording has been altered in line with the 
Treaty to include references to closer cooperation on visa policies (fourth recital) and to 
the European Convention on Human Rights (eighth recital). 
A further recital has been added, referring to Article K. 1 and in particular to the fact that 
the Convention is without prejudice to the powers of the Community. This replaces the 
former Article 27(2), which is not now needed as the Convention comes under the 
institutional arrangements of the Union. 
12. The substantive provisions embody the Council's exercise of its powers. Besides 
formally establishing the text of the Convention annexed to the Decision, Article 1(1) 
spells out the recommendation to the Member States to adopt it in accordance with their 
respective constitutional requirements. For this provision to be effective, a time limit 
needs to be specified. Since the Convention serves an objective for which the deadline 
was 1 January 1993, the time limit must needs be short and is therefore set at 
31 December 1994. The Convention will, then, enter into force by 1 January 1995, 
which was the date specified in Article 6 laying down a derogation applicable to airports; 
this reference is thus superfluous and can be deleted in paragraphs 1 and 4 of that 
Article. This does not affect the timing. 
13. Since the Decision is the operative instrument, it should include the provisions 
governing the Convention's entry into force that were contained in the former Article 32 
of the Convention. These comprise the obligation on Member States to give notice of 
their adoption of the Convention within the time limit laid down (Article 1(2)) and the 
rules governing the Convention's entry into force (Article 2). 
Furthermore, as the Convention is being concluded under the European Union, the 
instruments of ratification now have to be deposited with the Secretary-General of the 
Council, as for conventions concluded under Article 220 of the EC Treaty. 
Comparisons and references (former Article ...) are to the July 1991 proposal. 
Amendments to the text of the Convention itself 
14. The main element behind the amendments made to the July 1991 text is the entry 
into force of the Union Treaty. There is also the need to ensure that the Convention will 
be compatible with the Agreement on the European Economic Area once that comes into 
force. To make the structure clearer, the Convention has been divided into titles and 
articles, each of them carrying a heading. 
(a) Amendments required by the Treaty on European Union 
(i) Purely formal 
15. Being concluded in the framework of the Union, the Convention is necessarily 
between the Member States. It is, then, unnecessary to mention this explicitly every 
time: this change has been made in the title and throughout the body of the Convention. 
The former Articles 33 and 34 on the accession of future Member States and the revision 
of the Convention should also be deleted, these matters now being governed by Articles 
O and K.3 of the Union Treaty. 
With the recitals incorporated in the Decision, there is no need to repeat them in the 
Convention. Furthermore, since the Convention is annexed to the Decision, no provision 
needs to be made for its signature by the plenipotentiaries of the Heads of State. These 
deletions do not affect the substance in any way. 
16. The Convention falls under the Union Treaty, which must be applied without 
prejudice to the powers of the Community, and so it cannot include a definition of 
internal frontiers, since that is a matter which falls under the EC Treaty. Consequently 
reference should be made to the relevant Community instruments. The new Article 1(h), 
replacing the former Article 1(0 and (g), no longer gives a substantive definition but 
merely refers to the Community instruments defining intra-Community flights and sea 
crossings.2 This change does not affect the substance. 
The same is true of Article 13(2): work to prepare the computerized system is 
proceeding under the Convention establishing a European Information System. This is 
simply a clarification. 
At present these are paragraphs 3 and 5 of Article 2 of Council Regulation (EEC) 
N° 3925/91 of 19 December 1991. 
(ii) Formal amendments with practical consequences 
17. The Treaty now contains rules on the procedures for the application of 
conventions, and so the relevant provisions of the Convention must be amended 
accordingly. The Committee set up in the former Article 26 as a decision-making body 
need no longer be defined at all. This power now rests with the Council, but that need 
not be spelled out because the second subparagraph of Article K.3(2)(c) does so. It is 
sufficient to refer to the measures adopted in implementation of the Convention. This 
change is reflected in the many articles which referred to the Committee. 
These rules must conform to the principle laid down in Title VI of the Treaty: a 
two-thirds majority is the rule, while unanimity is the exception. The scope of such 
exceptions must be expressly stated in the Convention. Consequently except where 
provision is made for some other procedure, reference to "measures in implementation" 
implies recourse to the procedure laid down in the second subparagraph of Article 
K.3(2)(c) (which applies unless a convention provides otherwise). This involves adoption 
within the Council by a majority of two thirds. For practicality's sake, the same rule 
should apply for all implementing measures provided for under the Convention. 
Realistically, to safeguard the interests of the Member States it is reasonable to make 
provision for recourse to unanimity for measures not expressly provided for in the 
Convention. Article 26 is now worded accordingly. 
18. As regards the territorial extent of the Convention, the Gibraltar issue that 
blocked progress in 1991 remains unresolved, so the Commission feels unable to take 
a position. A solution can only come from the bilateral negotiations that have been 
under way since 1991. The Commission therefore proposes that the relevant article be 
left blank for the time being so that negotiations can proceed undisturbed. This will 
enable the Council to go ahead with considering the text straight away and to incorporate 
whatever emerges from the parties' efforts when the time comes. 
19. The Convention is now established by the Union and should not therefore include 
a Final Act. The Member States could, however, submit declarations to be recorded in 
the Council minutes. 
10 
(iii) Substantive amendments reflecting transfers of powers and secondary 
legislation 
20. Under Article 100c of the EC Treaty the Community is now responsible for 
certain aspects of visa policy: determining which countries' nationals are subject to visa 
requirements and deciding on a uniform format for visas. This transfer of powers means 
that the Council will have to adopt Community legislation. To ensure consistency with 
the Treaty and any future Community decisions, the provisions in the old text of the 
Convention that now fall within the scope of Article 100c have to be deleted. The 
relevant passages in Articles 17, 18, 19(3) and 21 have therefore been removed and the 
rest of the text amended accordingly. Likewise there needs to be a definition of "uniform 
visa"; this is added by the new Article 1(f). 
21. Article K.l clearly states that Title VI applies "without prejudice to the powers 
of the European Community",, and therefore allowance has to be made for the fact that 
Community law already deals to some extent with the crossing of frontiers, although no 
distinction is made between internal and external frontiers. The Convention cannot 
undermine this division of responsibilities and therefore applies primarily to persons not 
entitled under Community law. This is spelled out in the new paragraph 2 of Article 1, 
making it possible thereafter to refer simply to "persons". Nevertheless common rules 
applicable to all travellers are still necessary. It is essential to be able to distinguish 
between persons entitled under Community law and other travellers. These are the only 
controls that apply to all travellers regardless of their situation. The Convention can 
make this distinction because these provisions are not contrary to Community law. The 
principle is stated in the second recital. The arrangements governing such controls are 
laid down in Article 2. 
22. The July 1991 version of the Convention was drawn up before the adoption of 
the legislation on goods transport and so does not reflect those provisions. Firstly, the 
title of the Convention itself needs to be amended to make clear that it relates only to 
controls on persons. Secondly, since Articles 5(5) and 6(2) deal inter alia with controls 
on baggage, they now also state that such controls are to be effected without prejudice 
to Community provisions.3 
In particular this means Council Regulation N° 3925/91 of 19 December 1991 
concerning the elimination of controls and formalities applicable to the cabin and 
hold baggage of persons taking an intra-Community flight and the baggage of 
persons making an intra-Community sea crossing and Com mission Regulation N° 
1823/92 of 3 July 1992 implementing the Council Regulation. 
11 
(iv) Substantive amendments reflecting the new legal framework laid down by 
Title VI 
23. Article K.3 of the Treaty states that M[s]uch conventions may stipulate that the 
Court of Justice shall have jurisdiction to interpret their provisions and to rule on any 
disputes regarding their application, in accordance with such arrangements as they may 
lay down." The Commission considers that recourse to this provision is warranted both 
to ensure the uniform interpretation of the Convention, given the link between the subject 
of the Convention and matters falling under the EC Treaty, and to resolve any 
differences that may arise over its implementation. Such a provision also serves to meet 
the concerns of the European Parliament and non-governmental organizations. 
Provision for uniform interpretation is made through the preliminary ruling procedure 
in accordance with Article 177 of the EC Treaty. The Court of Justice will also be able 
to rule on any dispute regarding the implementation of the Convention on application by 
a Member State or the Commission. That is the purpose of the new Article 29. 
(b) Amendments required by the future European Economic Area 
24. Once it enters into force the Agreement of 2 May 1992 establishing the European 
Economic Area will allow nationals of the EFTA member countries covered by the 
Agreement to be treated in the same way as nationals of Community countries for the 
purposes of entry controls and residence. The Commission considers that this 
development can best be catered for by replacing the term "national of a Member State" 
by "person entitled under Community law", newly defined at (a) of Article 1 to include 
not only Union citizens but also third-country nationals who, by agreement between the 
European Community and such countries, have identical rights of entry and residence. 
This approach also makes it possible to stipulate that the family members, as defined in 
Article 10 of Council Regulation N° 1612/68 of 15 October 1968, of a national of a 
Member State who have third-country nationality may not be subjected, under the terms 
of Directives 68/360, 73/148, 90/364, 90/365 and 93/... on entry and residence, to 
controls beyond those applied to nationals of Member States, with the sole exception of 
an entry visa requirement (this exception is contained in the second sentence of Article 
5(2)). 
25. These, then, are the amendments to the draft Convention required by legal 
developments since July 1991. The resulting text reflects the endeavour to conform to 
the conclusions adopted by the Ministers responsible for immigration on 1 June 1993 
and, above all, not to reopen negotiations on a text already agreed in substance, the swift 
adoption of which is a top political priority in order to secure the free movement of 
persons. 
12 
PROPOSAL FOR A COUNCIL DECISION 
ESTABLISHING A CONVENTION ON 
CONTROLS ON PERSONS CROSSING 
EXTERNAL FRONTIERS 
13 
PROPOSAL FOR COUNCIL DECISION N° 
of 
establishing a Convention 
on Controls on Persons Crossing 
External Frontiers 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on European Union, and in particular Article K.3(2) thereof, 
Having regard to the proposal from the Commission,' 
Having regard to the opinion of the European Parliament, 
Whereas the rules governing crossings by persons at the external frontiers of the Member 
States and the exercise of controls on such crossings are, by virtue of Article K. 1 of the 
Treaty on European Union and without prejudice to the powers of the European 
Community, matters of common interest which may be the subject of cooperation under 
Title VI; 
Whereas the rules governing crossings at the external frontiers of the Member States by 
citizens of the Union and other persons entitled under Community law fall within the 
scope of the Treaty establishing the European Community; whereas this Convention 
primarily defines the rules applicable to persons not entitled under Community law; 
whereas controls on crossings at external frontiers must cover all persons arriving at a 
frontier to the extent necessary to distinguish those entitled under Community law from 
other persons; 
Whereas Article 7a of the Treaty establishing the European Community sets the common 
objective of an area without internal frontiers in which the free movement of persons is 
ensured; 
OJ 
14 
Whereas attainment of this objective requires effective controls, in line with common 
criteria, on persons at the external frontiers of those States and closer cooperation on 
implementing a common visa policy; 
Whereas the controls on persons conducted by each Member State at its external frontiers 
must be carried out according to rules which should be adopted in common, with due 
regard for the interests of all Member States; 
Whereas the aim of such controls is to enable threats to public policy and public security 
to be eliminated in the Member States of the European Union and to combat illegal 
immigration, while preserving the openness of those States to the rest of the world and 
their intensive exchanges with other countries, particularly in the cultural, scientific and 
economic spheres; 
Whereas the introduction of a system of controls at external frontiers requires that 
particular attention be paid to the questions of infrastructure and frontier surveillance on 
the part of countries which, because of their geographical position and configuration, are 
exposed to increased migratory pressure; 
Whereas the Member States intend to conduct these controls in compliance with their 
common international commitments, in particular the European Convention for the 
Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and the 
Geneva Convention of 28 July 1951, as amended by the New York Protocol of 31 
January 1967, relating to the Status of Refugees as well as with more favourable 
constitutional provisions on asylum, 
HAS DECIDED AS FOLLOWS: 
15 
Article J 
1. It is recommended that the Member States adopt the Convention on Controls on 
Persons Crossing External Frontiers established by this Decision, the text of 
which is annexed hereto, in accordance with their respective constitutional 
requirements by 31 December 1994. 
2. The Member States shall notify the General Secretariat of the Council of the 
instruments attesting completion of the procedures for the adoption of the 
Convention in accordance with their respective constitutional requirements, and 
deposit them with it. 
Article 2 
1. The Convention shall enter into force on the first day of the second month 
following the deposit of the instrument of adoption with the General Secretariat 
of the Council by the last Member State to take that step. 
The provisions concerning the adoption of measures in implementation of the 
Convention shall apply from the date of its entry into force. The other provisions 
shall apply from the first day of the third month following that date. 
2. The Secretary-General of the Council shall inform the Member States of the date 
of entry into force of this Convention. 
Article 3 
This Decision shall enter into force on the day of its publication in the Official Journal 
of the European Communities. 
Done at Brussels, 
For the Council 
The President 
16 
CONVENTION 
ON CONTROLS ON PERSONS 
CROSSING EXTERNAL FRONTIERS 
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TITLE I 
GENERAL 
ARTICLE 1 
Definitions 
1. For the purposes of this Convention: 
(a) 'persons entitled under Community law' means: 
(i) citizens of the Union within the meaning of Article 8(1) of 
the Treaty establishing the European Community; 
(ii) members of the family of such citizens who are nationals of 
a third State and have the right of entry and residence in 
a Member State by virtue of an instrument enacted under the 
Treaty establishing the European Community; 
(iii) nationals of third States who, by agreement between the 
European Community and its Member States and such 
countries, have rights of entry and residence in a Member 
State which are identical with those enjoyed by citizens of 
the Union, and members of the family of such persons who 
are nationals of a third State and have the right of entry 
and residence in a Member State under any such agreement. 
(b) 'residence permit' means any authorization issued by the 
authorities of a Member State authorizing a person not entitled 
under Community law to stay in its territory, with the exception 
of visas and the provisional residence permit referred to in 
Articles 8 and 15; 
(c) 'entry visa' means authorization or decision by a Member State, 
given in accordance with decisions adopted under Article 100c of 
the Treaty establishing the European Community, to enable a 
person to enter its territory who is required to hold a visa to 
do so, subject to other entry conditions being fulfilled; 
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(d) 'transit visa' means authorization or decision by a Member State, 
given in accordance with decisions adopted under Article 100c of 
the Treaty establishing the European Community, to enable a 
person to transit through its territory or through the transit 
zone of a port or airport who is required to hold a visa to do 
so, subject to other transit conditions being fulfilled; the time 
taken to transit shall not exceed five days; 
(e) 're-entry visa' means authorization by a State enabling a person 
who is not a national of that State and who is present in the 
territory of that State to re-enter within a specified period 
without re-obtaining an entry visa to that State; 
(f) 'uniform visa' means entry, transit or re-entry visa of the 
uniform format provided for in Article 100c(3) of the Treaty 
establishing the European Community, issued under the rules 
specified in Articles 19 to 22 of this Convention; 
(g) 'short stay' means an uninterrupted stay or successive stays in 
the territories of the Member States the length of which does not 
exceed three months, calculated over six months from the date of 
first entry; 
(h) 'external frontiers' means: 
(i) a Member State's land frontier which is not contiguous with 
a frontier of another Member State, and maritime frontiers; 
(ii) airports and seaports, except where they are considered to 
be internal frontiers for purposes of instruments enacted 
under the Treaty establishing the European Community; 
(i) 'local frontier traffic' means the movement, within a limited 
geographical area defined in a convention concluded by a Member 
State with a contiguous State which is not a member of the 
European Communities, of persons who come within the scope of 
that convention and are thereby entitled to cross the external 
land frontier of the Member State concerned under special 
conditions. 
2. This Convention applies, except where there is an express statement to 
the contrary, to all persons other than those entitled under Community 
law. 
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TITLE II 
GENERAL PRINCIPLES 
ARTICLE 2 
Crossing external frontiers 
1. All persons crossing the external frontiers shall do so at authorized 
crossing points permanently controlled by the Member States. 
2. Persons crossing external frontiers at any point other than authorized 
crossing points shall be liable to penalties as determined by each 
Member State. 
3., Each Member State shall determine the location and opening conditions 
of authorized crossing points on its external frontiers and shall 
communicate this information and any changes thereto to the General 
Secretariat of the Council, which shall inform the other Member States 
accordingly. Crossing at crossing points outside their opening hours 
shall not be permitted. 
4. By way of exception, as provided in Article 1(2), this Article also 
applies to persons entitled under Community law who cross the external 
frontiers, unless otherwise stipulated in the law of the Member State 
concerned. 
5. The exceptions and specific rules applying to particular categories of 
maritime traffic for the crossing of external frontiers, and the 
arrangements for local frontier traffic, shall be determined by 
measures to give effect to this Convention. 
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ARTICLE 3 j 
Surveillance of external frontiers 
External frontier stretches other than authorized crossing points shall be 
kept under effective surveillance by mobile units or by other appropriate 
means. Member States undertake to provide surveillance yielding similarly 
effective results along all their external frontiers; their surveillance 
agencies shall consult and cooperate to that end. 
ARTICLE 4 
Controls at external frontiers 
The crossing of external frontiers shall be subject to control by the 
competent authorities of the Member State concerned. Controls shall be carried 
out in accordance with national law, with due regard for the provisions of 
this Convention. 
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ARTICLE 5 
Nature of controls at external frontiers , 
1. When crossing an external frontier upon entering or leaving the 
territories of the Member States, all persons shall be subject to a 
visual control under conditions which permit their identity to be 
established by examination of their travel documents. 
2. Upon entry, persons shall also be subject to a control to ensure that 
they fulfil the conditions set out in Article 7. By way of exception, 
as provided in Article 1(2), persons entitled under Community law who 
are third-country nationals shall be subject to the condition in 
Article 7(1) (b) if they are required to hold a visa by virtue of 
instruments enacted under Article 100c of the Treaty establishing the 
European Community. 
3. Detailed rules for applying the controls shall be determined by 
measures to give effect to this Convention. 
4. Certain controls may, exceptionally, be relaxed, due regard being had 
for any conditions that may be laid down by measures to give effect to 
this Convention. Controls upon entry shall take precedence over 
controls upon departure. 
5. Without prejudice to Community provisions regulating controls on 
baggage carried by travellers and on their vehicles, controls on 
persons and their vehicles and baggage may be performed where necessary 
for the purposes of: 
detecting and preventing threats to national security and public 
policy; or 
combating illegal immigration. 
6. When effecting these controls, Member States shall take account of the 
interests of the other Member States. 
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ARTICLE 6 
Specific arrangements for airports 
1. Member States shall ensure that passengers on flights from third States 
who transfer onto internal flights will be subject to an entry control 
at the airport at which the external flight arrives. Passengers on 
internal flights who transfer onto flights bound for third States will 
be subject to a departure control at the airport from which the 
external flight departs. 
2. Paragraph 1 is without prejudice to Community baggage inspection 
measures. 
3. Member States shall also take any measures necessary to ensure that: 
passengers who embark in a Member State on a flight coming from 
a third State which is bound for a destination in a Member State 
are subject at the airport of destination to the controls 
specified for passengers coming from third countries; 
passengers who embark in a Member State on a flight bound for a 
destination in a third State and who disembark in another Member 
State are subject at the airport of embarkation to the controls 
specified for passengers going to third countries; 
passengers who embark in a Member State to go to another Member 
State on a flight coming from and bound for one or more third 
States are subject at the airports of the Member States to the 
controls specified for passengers coming from or bound for third 
countries, depending on whether they are departing from or 
arriving in a Member State. 
-23-
TITLE III 
CONTROL ARRANGEMENTS AT EXTERNAL FRONTIERS 
ARTICLE 7 
Controls on persons not entitled under Community law 
Any person may be authorized to enter the territories of the Member 
States for a short stay provided that he meets the following 
requirements : 
(a) that he present a valid travel document which authorizes the 
crossing of frontiers; a list and description of luch documents 
shall be drawn up by measures to give effect to this Convention; 
(b) where applicable, that he be in possession of a visa valid for 
the length of stay envisaged; 
(c) that he does not represent a threat to the public policy, 
national security or international relations of Member States 
and, in particular, that his name does not appear on the joint 
list provided for in Article 10; 
(d) that he produce, if necessary, documents justifying the purpose 
and conditions of the intended stay or transit, in particular the 
required work permits if there is reason to believe that he 
intends to work; 
(e) that he have sufficient means of subsistence, both for the period 
of the intended stay or transit and for him to return to his 
country of origin or travel to a third State into which he is 
certain to be admitted, or be in a position to acquire such means 
lawfully. 
Any person may also be refused entry: 
(a) if his name appears on the national list of persons who are not 
to be admitted to the Member State to which he seeks entry; 
(b) in all the circumstances in which a national of a Member State 
may be refused entry to another Member State. 
-24-
ARTICLE 8 
Crossing of external frontiers by third-country nationals 
residing in a Member State 
1. A Member State shall not require a visa of a person who wishes to enter 
its territory for a short stay or to transit through it, provided that 
that person: 
(a) fulfils the conditions in Article 7, except that in 
paragraph 1(b); and 
(b) holds a residence permit issued by another Member State 
permitting him to reside in that State, the period of validity of 
which, at the time of entry, still has more than four months to 
run. 
2. In exceptional cases, paragraph 1 may also apply to persons who hold a 
provisional residence permit issued by a Member State and a travel 
document issued by that Member State. 
3. Member States shall, under conditions determined by measures to give 
effect to this Convention, take back any person to whom they have 
issued a residence permit or provisional residence permit within the 
meaning of paragraphs 1 and 2 and who is illegally resident in the 
territory of another Member State. 
4. In exceptional cases, a Member State may depart from the provisions of 
paragraphs 1 and 2 for urgent reasons of national security, but must 
take into consideration the interests of the other Member States. 
The Member State concerned shall inform the other Member States in an 
appropriate manner, determined by measures to give effect to this 
Convention. 
Such measures shall be used only to the extent that and for as long as 
is strictly necessary to achieve the purposes referred to in the first 
subparagraph. 
5. For the purposes of implementing this Article, 
a list of the residence permits and provisional residence permits 
referred to in paragraphs 1 and 2 which shall be accepted as 
equivalent to visas; and 
an indicative list of the exceptional circumstances in which 
Member States' authorities shall accept the provisional residence 
permits and the travel documents referred to in paragraph 2 as 
equivalent to visas 
shall be drawn up by measures to give effect to this Convention. 
-25-
ARTICLE 9 
Stays other than for a short time 
Persons who propose to stay in a Member State other than for a short time 
shall enter that State under the conditions laid down in its national law. In 
that case access shall be restricted to the territory of that State. 
-26-
TITLE IV 
NOTIFICATIONS FOR REFUSING ENTRY 
ARTICLE 10 
List of persons to be refused entry 
1. A joint list of persons to whom the Member States shall refuse entry to 
their territories shall be drawn up on the basis of national 
notifications by measures to give effect to this Convention. 
2. The list, which shall be continually updated, shall contain the names 
submitted for this purpose by each Member State. 
3. The decision to put a person on the joint list shall be based on the 
threat which that person may represent to the public policy or national 
security of a Member State. It shall be based on a decision taken with 
due regard for the rules of procedure laid down by national law by the 
administrative or competent judicial authorities of the Member States 
on account of: 
a custodial sentence of one year or more in the Member State 
concerned; or 
information to the effect that the person concerned has committed 
a serious crime; or 
serious grounds for believing that he is planning to commit a 
serious crime or that he represents a threat to the public policy 
or national security of a Member State; or 
a serious offence or repeated offences against the law relating 
to the entry and residence of foreigners. 
4. Detailed rules for applying the criteria set out in paragraph 3 shall 
be determined by measures to give effect to this Convention. 
-27-
ARTICLE 11 
Issue of residence permit 
1. Where a person whose name is on the joint list provided for in 
Article 10 applies for a residence permit, the Member State to which 
application is made shall first consult the Member State which entered 
the name on the list and shall take into account the interests of that 
State; the residence permit shall be issued for substantive reasons 
only, notably on humanitarian grounds or by reason of international 
commitments. 
If the residence permit is issued, the Member State which entered the 
name on the joint list shall delete the entry. 
2. If it becomes apparent that the name of a person who is in possession 
of a valid residence permit issued by one of the Member States is on 
the joint list, the Member State which entered the name and the Member 
State which issued the residence permit shall consult each other in 
order to determine whether there are sufficient grounds for withdrawing 
the residence permit. 
If the residence permit is not withdrawn, the Member State which made 
the entry shall delete it. 
3. Detailed rules for the application of this Article shall be determined 
by measures to give effect to this Convention. 
ARTICLE 12 
Refusal of entry to a Member State 
1. Entry into the territories of the Member States shall be refused to 
persons who fail to fulfil one or more of the conditions set out in 
Article 7(1) and Article 9. 
2. A Member State may, however, on humanitarian grounds or in the national 
interest or by reason of international commitments, allow persons who 
fail to fulfil those conditions to enter its territory. In such a case, 
permission to enter shall be restricted to the territory of the Member 
State concerned, which, if the person concerned is on the joint list, 
shall inform the other Member States in an appropriate manner, 
determined by measures to give effect to this Convention. 
•28-
ARTICLE 13 
Exchange of information 
The exchange of information on data contained in the joint list shall 
be computerized. 
The creation, organization and operation of this computerized system 
will be the subject of the Convention on the European Information 
System. The Convention will include guarantees for the protection of 
individuals with regard to the processing of personal data. 
The joint list may be consulted by the competent authorities of the 
Member States which, in accordance with their national laws, are 
concerned with: 
processing visa applications; 
frontier controls; 
police checks; 
the admission and regulation of the stay of persons who are not 
nationals of a Member State. 
Each Member State shall inform the Commission and the other Member 
States of the agencies authorized, in pursuance of this Article, to 
consult the joint list. 
-29-
TITLE V 
ACCOMPANYING MEASURES 
ARTICLE 14 
Responsibilities of carriers 
1. Without prejudice to Article 27 and instruments enacted under the 
Treaty establishing the European Community, the Member States undertake 
to incorporate in their national legislation measures relating to 
airlines and shipping companies and to public-service international 
carriers transporting groups overland by coach, with the exception of 
local frontier traffic. 
2. The purpose of such measures will be: 
to oblige the carrier to take all necessary measures to ensure 
that persons coming from third countries are in possession of 
valid travel documents and of the necessary visas, and to impose 
appropriate penalties on carriers failing to fulfil this 
obligation; 
to oblige the carrier, where required by the control authorities, 
to assume responsibility without delay (this may include covering 
the costs of accommodation until departure), and to return to the 
State from which he was transported or to the State which issued 
his passport or to any State to which he is certain to be 
admitted, a person coming from a third country who is refused 
admission at the first control on entry into Community territory. 
-30-
ARTICLE 15 
Illegal crossing of an external frontier 
1. A person who illegally crosses an external frontier without a residence 
permit or who does not fulfil, or no longer fulfils, the conditions of 
residence in a Member State shall normally be required to leave the 
territory of the Member State without delay, unless his stay is 
regularized. 
If such a person holds a valid residence permit or provisional 
residence permit issued by another Member State, he shall go to the 
territory of that Member State without delay, unless he is authorized 
to go to another country to which he is certain to be admitted. 
2. Where such a person has not left voluntarily or where it may be assumed 
that he will not so leave or if his immediate departure is required for 
reasons of national security or public policy, he shall be expelled as 
laid down in the legislation of the Member State in which he was found. 
He shall be expelled from the territory of that Member State to his 
country of origin. He may equally be expelled to any other country to 
which he may be admitted, notably under the relevant provisions of 
readmission agreements between Member States. 
3. A list of the residence permits or provisional residence permits issued 
by the Member State shall be drawn up by measures to give effect to 
this Convention. 
4. Should one of them so request, Member States shall conclude bilateral 
agreements between themselves on the readmission of persons who are not 
entitled under Community law. 
ARTICLE 16 
Compensation for financial imbalances 
Subject to determination of the appropriate criteria and practical 
arrangements by measures to give effect to this Convention, Member States 
shall compensate each other for any financial imbalances which may result from 
the obligation to expel provided in Article 15 where such expulsion cannot be 
effected at the expense of the person concerned or of a third party. 
-31-
TITLE VI 
VISAS 
ARTICLE 17 
Common visa policy 
Member States undertake to harmonize their visa policies progressively, 
without prejudice to decisions adopted under Article 100c of the Treaty 
establishing the European Community. 
ARTICLE 18 
Uniform visa 
A Member State shall not require a visa issued by its own authorities of a 
person applying to stay for a short time within its territory who holds a 
uniform visa. 
-32-
ARTICLE 19 
Conditions for issue of uniform visa 
A uniform visa may be issued only where a person fulfils the conditions 
for entry laid down in Article 7(1), except that in subparagraph (b). 
Uniform visas shall be issued on the basis of the following common 
conditions and criteria: 
travel documents presented upon application for a visa must be 
checked to ensure that they are in order and authentic; 
the expiry date of the travel document must be at least three 
months later than the final date for stays stated on the visa, 
account being taken of the time within which the visa must be 
used; 
the travel document must be recognized by all Member States; 
the travel document must be valid in all Member States; 
the travel document must allow for the return of the traveller to 
his country of origin or his entry into a third country; 
the existence and validity of an authorization or a re-entry visa 
for the traveller to return to the country of departure must be 
checked if such formalities are required by the authorities of 
that country. The same shall apply to any authorization required 
for entry to a third country. 
-33-
ARTICLE 20 
Prior consultation of centrai authorities 
Where in certain cases a Member State makes the issue of visas subject 
to prior consultation of its central authorities and where it wishes to 
be consulted on the issue, in such cases, of a uniform visa by another 
Member State, this visa shall not be issued unless the central 
authorities of the Member State concerned have been consulted in 
advance and have expressed no objection. 
The absence of a reply from these authorities within a period to be 
determined by measures to give effect to this Convention shall be 
regarded as indicating that there is no objection to the issue of a 
visa. The period shall be fourteen days at most. 
If there is an objection, or if the consultation procedure referred to 
in the first subparagraph has not been implemented for reasons of 
urgency, only a national visa with restricted territorial validity 
shall be issued. 
Rules for implementing this Article shall be determined by measures to 
give effect to this Convention, having particular regard for Member 
States' security; they may specify cases in which the issue of a 
uniform visa must be made subject to prior consultation of the central 
authorities of the Member State or States requiring such consultation, 
but this shall be without prejudice to Member States' option to hold 
prior consultations with their own central authorities in other cases. 
ARTICLE 21 
Multiple-entry uniform visa 
1. The uniform visa may be a visa valid for one or more entries. Neither 
the length of any continuous stay nor the total length of successive 
stays may exceed three months in a six-month period starting on the 
date of entry. 
2. The conditions and criteria for issuing multiple-entry uniform visas 
shall be determined by measures to give effect to this Convention. 
-34-
ARTICLE 22 
Issue of uniform visa 
1. The uniform visa shall be issued by the diplomatic and consular 
authorities of the Member States or, in exceptional cases, by other 
authorities determined in accordance with national legislation. 
2. The Member State which is the main destination shall normally be 
responsible for issuing the visa. If it is not possible to determine 
that destination, the Member State of first entry shall be responsible. 
3. The principles stated in this Article shall be implemented by measures 
to give effect to this Convention. 
ARTICLE 23 
Extension of stay 
A Member State may, if necessary, issue a visa the validity of which is 
restricted to its own territory to the holder of a uniform visa in the course 
of any one six-month period. 
A Member State may also authorize a person holding a uniform visa to remain 
in its territory for more than three months. 
-35-
ARTICLE 24 
National visas 
1. Member States may issue visas valid only in their respective 
territories in the cases provided for in Articles 20, 23 and 25. 
2. In addition, a Member State may, on humanitarian grounds or in the 
national interest or by reason of international commitments, issue a 
person who does not meet any or some of the conditions laid down in 
Article 7(1) (a), (c), (d) and (e) with a visa valid only in its own 
territory. 
3. A Member State which has issued a person with a visa pursuant to 
paragraph 2 shall so inform the other Member States if that person is 
on the joint list or if the State consulted pursuant to Article 20 has 
objected. This information shall be supplied in accordance with the 
procedures established under Article 12(2) in accordance with the 
measures to give effect to this Convention. 
4. Visas issued in accordance with paragraphs 1 and 2 shall indicate their 
distinct nature and be different in appearance from the uniform visa. 
ARTICLE 25 
Long-stay visas 
Visas for stays of more than three months shall be national visas issued by 
each Member State in accordance with its national law. 
The issue of such visas shall be subject to consultation of the joint list. 
-36-
TITLE VII 
IMPLEMENTATION 
ARTICLE 26 
Implementing measures 
Decisions needed to give effect to this Convention, other than those expressly 
provided therein, shall be adopted by the Council, acting unanimously on a 
proposal from the Commission or on the initiative of a Member State. 
ARTICLE 27 
Primacy of instruments 
1. This Convention shall be subject to the European Convention for the 
Protection of Human Rights and Fundamental Freedoms of 4 November 1950 
and to the Geneva Convention of 28 July 1951, as amended by the New 
York Protocol of 31 January 1967, relating to the Status of Refugees 
and without prejudice to more favourable constitutional provisions of 
Member States on asylum. 
2. This Convention shall not affect bilateral conventions on local 
frontier traffic. 
-37-
ARTICLE 28 
Relations with third States 
1. A Member State which envisages conducting negotiations on frontier 
controls with a third State shall inform the other Member States and 
the Commission accordingly in good time. 
2. No Member State shall conclude with one or more third States agreements 
simplifying or removing frontier controls without the prior agreement 
of the Council. 
This paragraph does not apply to agreements on local frontier traffic 
where such agreements conform to the arrangements laid down pursuant to 
Article 2 and is without prejudice to Article 27(2). 
ARTICLE 29 
Jurisdiction of the Court of Justice 
The Court of Justice of the European Communities shall have jurisdiction: 
to give preliminary rulings concerning the interpretation of this 
Convention; references shall be made as provided in the second 
and third paragraphs of Article 177 of the Treaty establishing 
the European Community; 
in disputes concerning the implementation of this Convention, on 
application by a Member State or the Commission. 
-38-
TITLE VIII 
FINAL PROVISIONS 
ARTICLE 30 
Extent 
[text to be inserted later] 
-39-
EXPLANATORY MEMORANDUM 
1. General 
The new Article 100C of the Treaty of Rome requires the Council to determine the third 
countries whose nationals must be in possession of a visa when crossing the external 
frontiers of the Community. This provision has been placed squarely amongst the internal 
market provisions of the Treaty. The necessary inference from this is that it is designed to 
contribute towards achieving the free movement of persons within the internal market, as 
specified in Article 7A EC (formerly Article 8A EEC). 
In October 1986 the Twelve set up inter-governmental cooperation in the field of justice 
and internal affairs. One of the first results of the gradual coordination of their policies 
with respect to visas was the adoption by the Ministers responsible for immigration at 
Copenhagen in December 1987 of a list of 50 third countries whose nationals were subject 
to a visa requirement in all the Member States. This means that a national of one of those 
countries wishing to visit the twelve Memeber States must hold 10 different visas (for the 
Benelux countries, a visa issued by one of those 3 countries is enough). Starting with their 
meeting in Munich in June 1988, the Ministers followed developments relating to the 
harmonisation of visas and took note at each of their successive meetings of the number of 
third countries whose nationals were required by all Member States to hold a visa to enter 
their territory. Thus at their meeting held in Copenhagen in June 1993 the Ministers 
responsible for immigration took note of the fact that 73 countries fell into this category. 
Furthermore, the information supplied by the Member States shows that there are 19 
countries whose nationals are not subject to a visa requirement by any Member State and 
92 third countries whose nationals are required to hold a visa by between one and 11 
Member States. 
The accompanying measures regarded as essential and desirable for the achievement of 
the free movement of persons are set out in the Palma Document adopted at the European 
Council held in Madrid in June 1989. One of the measures considered to be essential is a 
convention between the Member States on the crossing of external frontiers. The 
harmonisation of Member States' policies concerning visas constitutes an important part 
of the envisaged convention. Apart from creating the legal framework for the 
U o 
determination of the third countries whose nationals are or are not to be subject to visa 
requirements, the unsigned drall Iixternal Frontiers Convention of 1991 provides for a 
uniform visa (including the conditions for the issue of such a visa) and contains provisions 
on visas having limited territorial validity and the right of movement of certain categories 
of third country nationals. 
The Convention of 1990 applying the Schengen Agreement, which is now expected to 
come into force shortly, also contains provisions on visas. Article 9 of the former text 
declares that the Contracting Parties undertake to adopt a common visa régime and to 
harmonise their policies in this regard. The nine Schengen States have drawn up three lists 
of third countries pursuant to this article: a relatively long list of third countries whose 
nationals will require visas to enter all the Schengen States; a relatively short non-binding 
"inventory" of third countries whose nationals are to be exempted from this requirement in 
all the Schengen States; and a further non-binding "inventory" of countries whose 
nationals are subject to visa requirements in some Schengen States only. 
The Commission has naturally had regard to all these texts when drafting this proposal, 
and has drawn on them where appropriate. 
Moreover, this proposal is not to be read in isolation, but as part of the Commission's 
overall approach to achieving the free movement of persons, comprising: the revised 
External Frontiers Convention, proposed jointly with the present Regulation; a proposal 
on the uniform format for visas based on Article 100C(3) to be made as soon as various 
technical problems, relating notably to confidentiality, have been overcome; and any other 
Community instruments which may appear necessary. 
The language of Article 100C(1) makes it plain that the Community is under an obligation 
to take the action referred to in paragraph 1, and that any such action on the part of 
Member States is precluded as from the entry into force of the Treaty on European Union. 
At the same time, the opening words of paragraph 3 necessarily suggest that such action is 
to be taken before 1996. Hence the need to propose this measure as soon as possible after 
the Treaty of Maastricht has entered into force, particularly as that event has itself been 
delayed by almost a year. 
This proposed Regulation is not expressed to be limited to the period prior to 1 January 
1996, when the Council will act by qualified majority pursuant to Article 100C(3). There 
is no need to adopt a new Regulation merely because the voting procedure in the Council 
changes. Thus the Regulation will continue in force after that date subject to any 
amendments which may be made under the new procedure. 
-2 
Li> 
2. Subsidiarity and proportionality 
Article 100C confers an exclusive power on the Community in this matter. 
In theory, this provision could be implemented by a regulation or by a directive. The 
Commission has opted for a regulation rather than a directive, for two reasons: by 
definition, the drawing up of a list of countries whose nationals are to be subject to a visa 
requirement gives Member States no discretion, and indeed "implementing" such a list 
would be a pointless exercise; and in certain cases urgent action may be necessary, so that 
the delays involved in implementing directives would give rise to severe practical 
difficulties. 
3.Commentary on the articles 
Article 1 
The very purpose of Article 100C is to establish a uniform list of third countries whose 
nationals are to be subject to visa requirements, which inevitably means that disparities 
between the practices of Member States in this regard must be removed. By providing 
that the Council is to "determine the third countries whose nationals must be in possession 
of a visa when crossing the external borders of the Member States" Article 100C 
necessarily implies that the Council must also determine which third countries are to be 
exempt from a visa requirement. The contrary view cannot be reconciled either with the 
letter or with the spirit of this provision. 
Article 1(1) refers to the Annex, which sets out the countries whose nationals are subject 
to a visa requirement. For ease of reference the Annex will be called the "negative list". 
Ideally the Commission would have wished at this stage to place every third country either 
on the negative list or on a "positive list" of countries whose nationals are to be exempted 
from visa requirements. Manifestly, this is what is contemplated by Article 100C. 
However, this proved impossible in view of the very large number of third countries for 
which the practices of Member States diverge and the sensitive nature of the decision to 
be taken with respect to many of those countries. Accordingly, the Commission accepts 
that Member States may decide whether or not to impose visa requirements on nationals 
4i 
of third countries not listed in the Annex, subject to the two conditions set out in the 
preamble, namely: that it does not give rise to any controls contrary to Article 7A EC 
(formerly Article 8A EEC); and that it is only applicable for a strictly limited period of 
time, whereupon each third country must be governed either by the positive or the 
negative list. This situation can only be compatible with the Treaty if these two conditions 
are met. These principles are enshrined in Article 1(2). 
Article 1(3) is designed to ensure the observance of the principle of open government: any 
measures taken by Member States pursuant to paragraph 2 are to be published in Part C 
of the Official Journal. 
Article 2 
This Article, which lays down the principle of mutual recognition by Member States of 
visas granted by each other, is in a sense the corner-stone of this proposal. As stated at the 
outset, Article 100C is an internal market provision. Its purpose is thus inter alia to 
contribute towards the realisation of the internal market provided for in Article 7 A of the 
Treaty. It necessarily follows from this that the mere drawing up of common lists of third 
countries without more would fall well short of the objective set by Article 100C. Rather, 
the purpose is to hasten the end of controls on persons at the Community's internal 
borders. This can only be achieved by the principle of mutual recognition. 
However, this Article applies only to visas which are valid throughout the Community. 
This matter is governed by the External Frontiers Convention. This condition was judged 
necessary because Member States could not be expected to recognise visas granted by 
each other without a minimum of harmonisation. Otherwise the Member States would lay 
themselves open to the abusive practice of "visa shopping". 
Moreover, the External Frontiers Convention provides that persons holding a residence 
permit granted by a Member State are to be exempt from visa requirements. 
Article 3 
The term "visa" is used in Article 100C, so that the Council must be taken to have power 
to define this term pursuant to that provision. Some definition is indispensable if the other 
provisions of the Regulation are to be fully effective, as work in the Schengen Group and 
the Ad hoc Immigration Group has clearly shown. At the same time, the Commission does 
lii 
not seek to innovate in this regard. Consequently, the definition in Article 3 broadly 
corresponds to that in Article 1 of the draft External Frontiers Convention. 
In the overwhelming majority of Member States a short stay is considered to be one 
lasting no more than three months. This explains why this criterion was used in Article 21 
of the External Frontiers Convention as drafted in 1991. Thus the first indent is closely 
modelled on the latter provision. 
Article 4 
The first paragraph is a standard provision. 
The object of the second paragraph is merely to ensure that all the information referred to 
in Article 1(3) is published in the OfficialJoumal before the other operative provisions of 
the Regulation are applied. 
-5-
Proposal for a 
Regulation determining the third countries whose nationals must be in possession of a 
visa when crossing the external frontiers of the Member States 
THE COUNCIL OF THE EUROPEAN UNION 
Having regard to the Treaty establishing the European Community, in particular 
Article 100C thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Whereas Article 100C of the Treaty requires the Community to determine the third 
countries whose nationals must be in possession of a visa when crossing the external 
borders of the Member States; whereas its place in the Treaty shows that this article 
forms an integral part of the provisions relating to the internal market; 
Whereas, according to the third paragraph of Article 3B of the Treaty, action taken by 
the Community shall not go beyond what is necessary to achieve the objectives of the 
Treaty; whereas the mutual recognition by Member States of visas issued by each 
other, which is necessary to give full effect to Article 100C, is an essential 
accompanying measure for the achievement of the objective set out in Article 7A as 
regards the free movement of persons; 
Whereas third countries should be classified according to their political and economic 
situation and according to their relations with the Community and the Member States, 
taking into account the degree of harmonisation achieved at Member State level, 
Whereas the purpose of Article 100C is to harmonise the regulations and practices of 
the Member States in this regard; whereas divergences between the regulations and 
practices of Member States should be authorised for a limited period as a transitional 
measure, on the understanding that they may not give rise to controls contrary to 
Article 7A; whereas it should be stipulated that this transitional regime shall expire on 
30 June 1996 and that prior to that date the Council shall decide with respect to each 
third country whether its nationals are to be subject to a visa requirement or are to be 
exempted from that requirement; 
Whereas, with a view to ensuring that the system is administered openly and that the 
persons concerned are informed, measures taken by Member States pursuant to this 
V 
transitional and exceptional regime must be notified to the other Member States and to 
the Commission; whereas for the same reasons this information must also be published 
in the Official Journal of the European Communities; 
Whereas the information provided for in Article 1(3) of this Regulation must be 
published before Article 1(1) and 2 and Article 2 become applicable; whereas it is 
therefore necessary to defer the application of those provisions until one month after 
the Regulation has come into force; 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. Nationals of third countries listed in the Annex to this Regulation shall be required 
to be in possession of a visa when crossing the external frontiers of the Member States. 
2. Until 30 June 1996 Member States shall decide whether to require visas of nationals 
of third countries not listed in the Annex. Prior to that date the Council shall decide 
according to the procedure laid down in Article 100C either to add each of those 
countries to that list or or to exempt its nationals from visa requirements. 
3. Within 10 working days of the entry into force of this Regulation, Member States 
shall notify the other Member States and the Commission of their measures taken 
pursuant to paragraph 2. Any fresh measures taken pursuant to paragraph 2 shall be 
similarly notified within 5 working days. The Commission shall publish the information 
notified pursuant to this paragraph in the Official Journal of the European 
Communities. 
Article 2 
A Member State shall not be entitled to require a visa of a person who seeks to cross 
its external frontiers and who holds a visa issued by another Member State, where that 
visa is valid throughout the Community. 
Article 3 
For the purposes of this Regulation, the following definition shall apply: 
Uf> 
visa: any authorisation granted by a Member State which either 
~ entitles a person to enter its territory, subject to other entry conditions being 
fulfilled, and is valid for a stay of no more than three months, or a number stays 
not exceeding a total of three months in any six month period commencing on 
the date of the first entry, or 
-- entitles a person to transit through its territory or through the transit zone of 
a port or airport, subject to other transit conditions being fulfilled; or 
— entitles a person who is present on its territory to re-enter within a specified 
period; 
Article 4 
This Regulation shall enter into force on the day following its publication in the 
Official Journal of the European Communities. 
However, Article 1(1) and (2) and Article 2 shall become applicable one month 
thereafter. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
hi 
Annex * 
Afghanistan 
Albania 
Algeria 
Angola 
Antigua and Barbuda 
Armenia 
Azerbaïdjan 
Bahamas 
Bahrain 
Bangladesh 
Barbados 
Belarus 
Belize 
Benin 
Bhutan 
Botswana 
Bulgaria 
Burkina Faso 
Burundi 
Cambodia 
Cameroon 
CapeVerde 
Central African Republic 
Chad 
China 
Comores 
Congo 
Cuba 
Djibouti 
Dominica 
Domenican Republic 
Egypt 
Eritrea 
Ethiopia 
Fiji 
Gabon 
Gambia 
Georgia 
Ghana Grenada 
Guinea 
Guinea Bissau 
Guinea (Equitorial) 
Guyana 
Haïti 
India 
Indonesia 
Iran 
Iraq 
Ivory Coast 
Jordan 
Kazakhstan 
Kirghizstan 
Kiribati 
Korea (North) 
Kuwait 
Laos 
Lesotho 
Lebanon 
Liberia 
Libya 
Madagascar 
Maldives 
Mali 
Morocco 
Marshall Islands 
Mauritius 
Mauritania 
Micronesia 
Moldavia 
Mongolia 
Mozambique 
Myanmar 
Namibia 
Nauru 
Nepal 
Niger 
Nigeria Northern Mariana Islands 
Oman 
Pakistan 
Papua New-Guinea 
Philippines 
Qatar 
Roumania 
Russia 
Rwanda 
Saint Christopher and 
Nevis 
Saint Vincent and 
Grenadines 
Santa Lucia 
Samoa (Western) 
Sao Tome and Principe 
Saudi Arabia 
Senegal 
Seychelles 
Sierra Leone 
Solomon Islands 
Somalia 
South Africa 
Sudan 
Sri Lanka 
Surinam 
Swaziland 
Syria 
Taiwan 
Tadjikistan 
Tanzania 
Thailand 
Togo 
Tonga 
Trinidad and Tobago 
Trust Territory of the 
Pacific Islands (Palau) 
Tunisia 
Turkmenistan Turkey 
Tuvalu 
Uganda 
Ukraine 
United Arab 
Emirates 
Uzbekistan 
Vanuatu 
Vietnam 
Yemen 
Zaïre 
Zambia 
Zimbabwe 
* The present list does not prejudge the position of the European Community or its 
Member States with respect to the international status of the countries mentioned 
above, nor with respect to the relations which they maintain with them. 
Jj2 
ISSN 0254-1475 
COM(93) 684 final 
DOCUMENTS 
EN oi 06 il 
Catalogue number : CB-CO-93-737-EN-C 
ISBN 92-77-63031-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg