Council Regulation (EC) No 1932/2006 of 21 December 2006 amending Regulation (EC) No 539/2001 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
Date: 2006-12-21
Institutions: Council of the European Union
Subjects: EU visa policy, Schengen Agreement, external border of the EU, foreign national, residence permit

30.12.2006 

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COUNCIL REGULATION (EC) No 1932/2006 

of 21 December 2006 

amending Regulation (EC) No 539/2001 

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 

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, 

Having regard to the Opinion of the European Parliament, 

 
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Whereas: 

(1) 

The composition of the lists of third countries in Annexes I and II to Regulation (EC) 
No 539/2001 of 15 March 20011 should be, and should remain, consistent with the criteria 

laid down in recital (5) thereto. Some third countries should be transferred from one Annex 

to the other, particularly with regard to illegal immigration and public policy. 

(2) 

Bolivia should be transferred to Annex I to Regulation (EC) No 539/2001. The date of 

application of the visa requirement for Bolivian nationals should be such as to allow 

Member States to rescind in good time the bilateral agreements with Bolivia and to take all 

the necessary administrative and organisational measures for introducing the visa 

requirement in question. 

(3) 

Antigua and Barbuda, the Bahamas, Barbados, Mauritius, Saint Kitts and Nevis, and the 

Seychelles should be transferred to Annex II to Regulation (EC) No 539/2001. 

Exemption from the visa requirement for nationals of those countries should not come into 

force before a bilateral agreement on exemption from the visa requirement between the 

European Community and the country in question has been concluded. 

1 

OJ L 81, 21.3.2001, p. 1. 

 
                                                 
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(4) 

The two Annexes to Regulation (EC) No 539/2001 should be exhaustive. To that end, a 

heading making it possible to determine the visa arrangements to be applied by the 

Member States to categories of persons made subject to the visa requirement by certain 

Member States and exempted therefrom by others should be added to each of the Annexes 

to Regulation (EC) No 539/2001. Various categories of "British" persons who are not 

nationals of the United Kingdom within the meaning of Community law should be added 

to Annex I to Regulation (EC) No 539/2001 and British Nationals (Overseas) should be 

added to Annex II thereto. 

(5) 

Member States may provide for exemptions from the visa requirement for holders of 

certain passports other than ordinary passports. The designations of these passports require 

clarification. Reference needs also to be made in Regulation (EC) No 539/2001 to the 

procedures applicable where recourse is had to such exemptions. 

(6) 

Member States may exempt from the visa requirement recognised refugees, all stateless 

persons, both those under the Convention relating to the Status of Stateless Persons of 

28 September 1954 and those outside of the scope of that Convention, and school pupils 

travelling on school excursions where the persons of these categories reside in a 

third country listed in Annex II to Regulation (EC) No 539/2001. 

A full exemption from the visa requirement exists already for these three categories of 

persons residing within the Schengen area when they enter or re-enter that area; a general 

exemption should be introduced for persons of those categories residing in a Member State 

which has not or not yet joined the Schengen area, as far as their entry or re-entry into the 

territory of any other Member State bound by the Schengen acquis is concerned. 

 
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(7) 

Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 

December 2006 laying down rules on local border traffic at the external land borders of the 
Member States and amending the provisions of the Schengen Convention 1 makes it 

necessary to provide for a new exemption from the visa requirement for holders of a local 

border traffic card. 

(8) 

The arrangements governing exemptions from the visa requirement should fully reflect 

actual practices. Certain Member States grant exemption from the visa requirement for 

nationals of third countries listed in Annex I to Regulation (EC) No 539/2001 who are 

members of the armed forces travelling on NATO or Partnership for Peace business. For 

reasons of legal certainty, these exemptions, which are based on international obligations 

external to Community law, should nevertheless be referred to in that Regulation. 

(9) 

Because of the successive amendments to Regulation (EC) No 539/2001, it is necessary to 

improve its structure and make it easier to read, to which end it should be recast at a later 

date. 

1 

See this Official Journal.  

 
                                                 
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(10) 

As regards Iceland and Norway, this Regulation constitutes a development of the 

provisions of the Schengen acquis, within the meaning of the Agreement concluded by the 

Council of the European Union and the Republic of Iceland and the Kingdom of Norway 

concerning the latter's association with the implementation, application and development 
of the Schengen acquis1, which falls within the area referred to in Article 1(B) of Council 

Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that 
Agreement2. 

(11) 

The United Kingdom and Ireland are not bound by Regulation (EC) No 539/2001. They 

are therefore not taking part in the adoption of this Regulation and are not bound by or 

subject to the application thereof. 

(12) 

As regards Switzerland, this Regulation constitutes a development of the provisions of the 

Schengen acquis, within the meaning of the Agreement signed by the European Union, the 

European Community and the Swiss Confederation on the association of the Swiss 

Confederation with the implementation, application and development of the Schengen 

acquis, which falls within the area referred to in Article 1(B) of Council 

Decision 1999/437/EC, read in conjunction with Article 4(1) of Council 

Decision 2004/860/EC of 25 October 2004 on the signing, on behalf of the European 

Community, and on the provisional application of certain provisions of the Agreement 

between the European Union, the European Community and the Swiss Confederation, 

concerning the Swiss Confederation's association with the implementation, application and 
development of the Schengen acquis3, 

1 
2 
3 

OJ L 176, 10.7.1999, p. 36. 
OJ L 368, 15.12.2004, p. 26. 
OJ L 370, 17.12.2004, p. 78. 

 
                                                 
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HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 539/2001 is hereby amended as follows: 

1) 

Article 1 shall be amended as follows: 

(a) 

the following subparagraph shall be added to paragraph 1: 

"Without prejudice to the requirements stemming from the European Agreement on 

the Abolition of Visas for Refugees signed at Strasbourg on 20 April 1959, 

recognised refugees and stateless persons shall be required to be in possession of a 

visa when crossing the external borders of the Member States if the third country in 

which they are resident and which has issued them with their travel document is a 

third country listed in Annex I to this Regulation."; 

 
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(b) 

the following subparagraph is added to paragraph 2:  

"The following shall also be exempt from the visa requirement: 

– 

the nationals of third countries listed in Annex I to this Regulation who are 

holders of a local border traffic card issued by the Member States pursuant to 

Regulation (EC) No 1931/2006 of the European Parliament and of the Council 

of 20 December 2006 laying down rules on local border traffic at the external 

land borders of the Member States and amending the provisions of the 
Schengen Convention* when these holders exercise their right within the 

context of the Local Border Traffic regime; 

– 

school pupils who are nationals of a third country listed in Annex I and who 

reside in a Member State applying Council Decision 94/795/JHA of 

30 November 1994 on a joint action adopted by the Council on the basis of 

Article K.3.2.b of the Treaty on European Union concerning travel facilities for 
school pupils from third countries resident in a Member State** and are 

travelling in the context of a school excursion as members of a group of school 

pupils accompanied by a teacher from the school in question; 

– 

recognised refugees and stateless persons and other persons who do not hold 

the nationality of any country who reside in a Member State and are holders of 

a travel document issued by that Member State. 

______________ 

* 

** 

OJ L 405, 20.12.2006. 

OJ L 327, 19.12.1994, p. 1."; 

 
 
 
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2) 

3) 

Article 3 of Regulation (EC) No 539/2001 shall be repealed. 

Article 4 shall be amended as follows: 

(a) 

paragraph (1)(a) shall be replaced by the following: 

"(a)  holders of diplomatic passports, service/official passports or special passports 

in accordance with one of the procedures laid down in Articles 1(1) and 2(1) of 

Regulation (EC) No 789/2001 of 24 April 2001 reserving to the Council 

implementing powers with regard to certain detailed provisions and practical 
procedures for examining visa applications*. 

____________ 

* 

OJ L 116, 26.4.2001, p. 2. Regulation as amended by Decision 2004/927/EC 
(OJ L 396, 31.12.2004, p. 45)."; 

(b)  paragraph 2 shall be replaced by the following: 

"2.  A Member State may exempt from the visa requirement: 

(a) 

a school pupil having the nationality of a third country listed in Annex I 

who resides in a third country listed in Annex II or in Switzerland and 

Liechtenstein and is travelling in the context of a school excursion as a 

member of a group of school pupils accompanied by a teacher from the 

school in question; 

(b) 

recognised refugees and stateless persons if the third country where they 

reside and which issued their travel document is one of the third 

countries listed in Annex II; 

 
 
 
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(c)  members of the armed forces travelling on NATO or Partnership for 

Peace business and holders of identification and movement orders 

provided for by the Agreement of 19 June 1951 between the Parties to 

the North Atlantic Treaty Organisation regarding the status of their 

forces."; 

4) 

Annex I shall be amended as follows: 

(a) 

in Part 1: 

(i) 

a reference to Bolivia shall be inserted; 

(ii) 

the references to Antigua and Barbuda, the Bahamas, Barbados, Mauritius, 

Saint Kitts and Nevis, and the Seychelles shall be deleted; 

(iii) 

the reference to "East Timor" shall be replaced by a reference to 

"Timor-Leste"; 

(iv) 

the reference to "Federal Republic of Yugoslavia (Serbia-Montenegro)" shall 

be replaced by references to "Serbia" and to "Montenegro"; 

(v) 

the reference to "Western Samoa" shall be replaced by a reference to "Samoa"; 

 
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(b) 

the following Part shall be added: 

"3.  BRITISH CITIZENS WHO ARE NOT NATIONALS OF THE 

UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND 

FOR THE PURPOSES OF COMMUNITY LAW: 

British Overseas Territories Citizens who do not have the right of abode in the 

United Kingdom 

British Overseas Citizens  

British Subjects who do not have the right of abode in the United Kingdom 

British Protected Persons"; 

5) 

Annex II shall be amended as follows: 

(a) 

in Part 1: 

(i) 

the reference to Bolivia shall be deleted; 

 
 
 
 
 
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(ii) 

the following references shall be inserted: 

"Antigua and Barbuda* 

Bahamas* 

Barbados* 

Mauritius* 

Saint Kitts and Nevis* 

Seychelles*"; 

(iii) 

the following footnote shall be inserted: 

"*  The exemption from the visa requirement will apply from the date of 

entry into force of an agreement on visa exemption to be concluded with 

the European Community."; 

(iv) 

the reference to "Brunei" shall be replaced by a reference to 

"Brunei Darussalam"; 

(b) 

the following Part shall be added: 

"3.  BRITISH CITIZENS WHO ARE NOT NATIONALS OF THE UNITED 

KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE 

PURPOSES OF COMMUNITY LAW: 

British Nationals (Overseas)". 

 
 
 
 
 
 
 
 
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Article 2 

Member States shall apply the visa requirement for Bolivian nationals with effect from 

1 April 2007. 

Member States shall apply the exemption from the visa requirement for nationals of Antigua and 

Barbuda, the Bahamas, Barbados, Mauritius, Saint Kitts and Nevis and the Seychelles from the date 

of entry into force of an agreement on visa exemptions to be concluded by the European 

Community with the third country in question.  

Article 3 

This Regulation shall enter into force on the twentieth day following that of its publication in the 

Official Journal of the European Union. 

This Regulation shall be binding in its entirety and directly applicable in the Member States in 

accordance with the Treaty establishing the European Community. 

Done at Brussels, 21 December 2006.  

For the Council 

The President 

J. KORKEAOJA