Amended proposal for a Council Regulation determining the list of third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (presented by the Commission pursuant to Article 250(2) of the EC Treaty) Corrigendum
Date: 2000-09-21
Institutions: European Commission
Subjects: EU visa policy, Schengen Agreement, admission of aliens, external border of the EU, foreign national

29.12.2000

EN

Official Journal of the European Communities

C 376 E/1

II

(Preparatory Acts)

COMMISSION

Amended proposal for a Council Regulation determining the list of third countries whose
nationals must be in possession of visas when crossing the external borders and those whose
nationals are exempt from that requirement

(2000/C 376 E/01)

COM(2000) 577 final (cid:151) 2000/0030(CNS)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 21 September 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 62(2)(b)(i) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the European Parliament,

Whereas:

(1) Article 62(2)(b) empowers the Council

to adopt rules
relating to visas for intended stays of no more than
three months, and in that context it must determine the
list of
third countries whose nationals must be in
possession of visas when crossing the external borders
from that
and those whose nationals
requirement (2). These lists are among the
flanking
the
measures which are
free
movement of persons in an area of
freedom, security
and justice for the purposes of Article 61.

directly

exempt

linked

are

to

its

for

(2) Determining the lists of third countries referred to above
is an element of visa policy, which requires a range of
provisions
implementation. These provisions,
which may be part of national law, public international
including the elements of the
law, EU law or EC law,
Schengen acquis incorporated into the EU framework, lie
outside the scope of this Regulation. Consequently this
Regulation does not affect any such provisions, which
relate principally to:

(cid:151) authorisations, other than visas, that may be required
before a person crosses the external borders of the
Member States in view of the purpose of their short
stay, such as authorisations for access to employment,
an occupation or a study course;

(1) COM(2000) 27 final (OJ C 177, E/66, 27.6.2000).
(2) Under Article 1 of the Agreement concluded by the Council of the
European Union,
Iceland and the Kingdom of
Norway concerning the latters’ association with the implementation,
application and development of the Schengen acquis and Annex B
to it (which refers to Regulation (EC) No 574/1999), this proposal
for a Regulation will have to be considered by the Joint Committee
in accordance with Article 4 of the Agreement.

the Republic of

(cid:151) the procedures and conditions governing the issue of

visas and the territorial validity of visas;

(cid:151) the controls to which nationals of third countries are
subject when crossing external borders of the Member
States;

(cid:151) recognition of States and territorial entities and of the
identity and travel documents issued by

passports,
their authorities.

Any decisions which the Council might adopt under the
common foreign and security policy that have an impact
on Member States’ decisions in issuing visas are not
affected by this Regulation.

(3) The countries that are subject to or exempt from the visa
requirement are determined individually on the basis of a
variety of criteria relating principally to illegal
immi-
gration, public policy and public security and to the
European Union’s external relations with third countries,
consideration also being given to the implications of
regional coherence and reciprocity. The arrangements
for exemption from the visa requirement must also be
based on the principle of
reciprocity. This principle
should in future be applied for any suspension of
exemption from the visa requirement for nationals of a
third country listed in Annex II by means of agreements
to be concluded by the Community with those countries.
However, pending those agreements,
the Regulation
should itself lay down a Community mechanism for this
purpose to be applied in the meantime.

(4) Nationals of Iceland, Liechtenstein and Norway, which are
from the visa

not
listed in Annex II, are exempt
requirement under the EEA Agreement.

(5) As regards stateless persons, who have no connecting
factor with a particular State, and recognised refugees,
who are unable to enjoy the protection of the State of
which they have the nationality, the decision as to the visa
requirement or exemption should be based on a simple
criterion reflecting the fact that the State where these
persons reside affords them its protection and issues
them with travel documents.

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Official Journal of the European Communities

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(6) In specific cases where special visa rules are warranted,
Member States may release certain categories of persons
from the visa requirement or impose it on them in
accordance with public international law or custom.

(7) With a view to ensuring that the system is administered
the persons concerned are informed,
openly and that
Member
to the other
should communicate
States
Member States and to the Commission the measures
which they take pursuant
to this Regulation. For the
same reasons that information must also be published
in the Official Journal of the European Communities.

(8) In accordance with the principal of proportionality stated
by Article 5 of the Treaty, enacting a Regulation deter-
mining the list of third countries whose nationals must be
in possession of visas when crossing the external borders
and those whose nationals
from that
requirement
is both a necessary and an appropriate
means of ensuring that the common visa rules operate
efficiently.

exempt

are

(9) This Regulation provides for full harmonisation as regards
the countries whose nationals require a visa to cross
external borders and those whose nationals are exempt
from this
existing
requirement. Consequently
Community legislation on this matter should be replaced.

the

(10) As regards the Republic of Iceland and the Kingdom of
Norway, this Regulation represents an extension of the
the Agreement
Schengen acquis under
concluded on 17 May 1999 by the Council of
the
European Union and those two States. On completion
of
the
the procedures laid down in the Agreement,
rights and obligations flowing from this Regulation will
also apply to those two States,

the terms of

HAS ADOPTED THIS REGULATION:

Article 1

(cid:151) the Member

State

concerned may

the
Commission and the Council
the
measure by which the third country imposed the visa
requirement;

notify
in writing of

(cid:151) no later

than two months after notification the
Commission shall publish in the (cid:145)L(cid:146)
the
Official Journal of the European Communities a notice on
the measure taken by the third country. Exemption
from the visa requirement for nationals of that third
country shall be suspended five days after publication
of the notice.

series of

(b) if the third country revokes the measure imposing the visa

requirement for nationals of a Member State:

immediately notify
(cid:151) the Member State concerned shall
the
in writing of
the Commission and the Council
the
notification
revoking measure;
on receiving
Commission shall publish in the (cid:145)L(cid:146)
the
series of
Official Journal of the European Communities a notice on
the measure;

(cid:151) exemption from the visa requirement for nationals of
the third country shall be restored five days after publi-
cation of the notice.

The publications provided for by points (a) and (b) shall specify,
inter alia, the date on which measures suspending or restoring
visa requirements take effect.

Nationals of new third countries on these lists shall be
3.
subject to the requirements of paragraphs 1 and 2 unless and
until the Council decides otherwise under the procedure laid
down in the relevant provision of the Treaty.

Article 2

For the purposes of this Regulation, (cid:145)visa(cid:146) shall mean an auth-
orisation issued or a decision taken by a Member State which is
required with a view to:

1.
Nationals of third countries on the common list in Annex
1 shall be required to be in possession of visas when crossing
the external borders of the Member States.

(cid:151) entry for an intended stay in that Member State or in
several Member States of no more than three months in all;

2.
Nationals of third countries on the common list in Annex
2 shall be exempt from this requirement for stays of no more
than three months.

(cid:151) entry for transit through the territory of that Member State

or several Member States, except for airport transit.

Pending the conclusion of agreements on exemption from the
visa requirement between the Community and the third
countries listed in Annex II:

(a) if one of those third countries imposes a visa requirement

on nationals of a Member State:

Article 3

Stateless persons within the meaning of
the New York
Convention of 28 September 1954 and recognised refugees
within the meaning of
the Geneva Convention of 28 July
1951 shall be subject to the visa requirement or exempted
from it on the same terms as nationals of the non-member
State in which they reside and which issued their
travel
document.

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Official Journal of the European Communities

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Article 4

Article 5

Without prejudice to agreements on exemption from the visa
requirement to be concluded by the Community with the third
countries listed in Annex II, a Member State may maintain or
provide for exceptions from the visa requirement provided for
by Article 1(1) or for exemption from the visa requirement
provided for by Article 1(2) as regards:

Within 10 working days of the entry into force of this Regu-
lation, Member States shall communicate to the other Member
States and the Commission the exception measures they have
taken pursuant to Article 4. Any further changes to this list
and these measures shall be similarly communicated within five
working days.

(a) holders of diplomatic passports, official-duty passports and

other official passports;

The Commission shall publish the measures communicated
pursuant to paragraph 1 in the Official Journal of the European
Communities for information.

(b) civilian air and sea crew;

Article 6

(c) flight crew and attendants on emergency or rescue flights
and other helpers in the event of disaster or accident;

Regulation (EC) No 574/1999 (1) is replaced by this Regulation.

(d) civilian crew of ships navigating on international

inland

waterways;

(e) holders of laissez-passer issued by certain international inter-

governmental organisations to their officials,

Annex 1 to the Common Consular Instructions and Annex 5
to the Common Manual, excluding part IV thereof, as laid
down by the decision of
the Executive Committee of 28
April 1999 (SCH/Com-ex(99)13) concerning the final versions
of
and the Common Consular
Instructions, are replaced by Annexes 1 and 2 to this Regu-
lation.

the Common Manual

(f) persons entering its territory to pursue a gainful activity

during their stay.

Article 7

A Member State may exempt from the visa requirement a
school pupil having the nationality of a third country listed
in Annex 1 who resides in a third country listed in Annex 2
and is travelling in the framework of a school excursion as a
member of a group of school pupils accompanied by a teacher
from the school in question.

This Regulation shall enter into force on the twentieth day
following its publication in the Official Journal of the European
Communities.

This Regulation shall be binding in its entirety and directly
in accordance with the
applicable in the Member States
Treaty establishing the European Community.

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

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Official Journal of the European Communities

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ANNEX I

LIST REFERRED TO IN ARTICLE 1(1)

1. STATES

Afghanistan
Albania

Algeria

Angola
Antigua and Barbuda

Armenia

Azerbaijan
Bahamas

Bahrain

Bangladesh
Barbados

Belarus

Belize
Benin

Bhutan

Bosnia and Herzegovina
Botswana

Burkina Faso

Burma/Myanmar
Burundi

Cambodia

Cameroon
Cape Verde

Central African Republic

Chad
China

Colombia

Congo
C(cid:244)te d’Ivoire

Cuba

Democratic Republic of the Congo

Djibouti
Dominica

Dominican Republic

Egypt
Equatorial Guinea

Eritrea

Ethiopia
Federal Republic of Yugoslavia (Serbia-
Montenegro)

Fiji

Ghana

Grenada

Guinea

Guinea-Bissau

Guyana

Haiti

India

Indonesia

Iran

Iraq

Jamaica

Jordan

Kazakhstan

Kenya

Kiribati

Kuwait

Kyrgyzstan

Laos

Lebanon

Lesotho

Liberia

Libya

Madagascar

Malawi

Maldives

Mali

Marshall Islands

Mauritania

Mauritius

Micronesia

Moldova

Mongolia

Morocco

Mozambique

Namibia

Nauru

Nepal

Niger

Nigeria

North Korea

Former Yugoslav Republic of Macedonia

Northern Marianas

Gabon
Gambia

Georgia

Oman

Pakistan

Palau

Papua New Guinea

Peru

Philippines

Qatar

Russia

Rwanda

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Sªo TomØ and Pr(cid:237)ncipe

Saudi Arabia

Senegal

Seychelles

Sierra Leone

Solomon Islands

Somalia

South Africa

Sri Lanka

Sudan

Surinam

Swaziland

Syria

Tajikistan

Tanzania

Thailand

The Comoros

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turkmenistan

Tuvalu

Uganda

Ukraine

United Arab Emirates

Uzbekistan

Vanuatu

Vietnam

Western Samoa

Yemen

Zambia

Zimbabwe

2. ENTITIES AND TERRITORIAL AUTHORITIES NOT RECOGNISED AS STATES BY ALL THE MEMBER STATES

East Timor
Palestinian Authority

Taiwan

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ANNEX II

LIST REFERRED TO IN ARTICLE 1(2)

1. STATES

Andorra
Argentina

Australia

Bolivia

Brazil
Brunei

Bulgaria

Canada
Chile

Costa Rica

Croatia
Cyprus

Czech Republic

Ecuador
Estonia

Guatemala
Holy See

Honduras

Hungary

Israel
Japan

Latvia

Lithuania
Malaysia

Malta

Mexico
Monaco

New Zealand

Nicaragua
Panama

Paraguay

Poland

Romania

Salvador

San Marino

Singapore

Slovakia

Slovenia

South Korea

Switzerland

United States

Uruguay

Venezuela

2. SPECIAL ADMINISTRATIVE REGIONS OF CHINA

Hong Kong SAR (*)
Macao SAR (*)

___________
(*) Exemption from the visa requirement applies only to the holders of passports issued by these special administrative regions.