Corrigendum to 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 ( OJ L 405, 30.12.2006 )
Date: 2007-02-03
Institutions: Council of the European Union
Subjects: EU visa policy, Schengen Agreement, external border of the EU, foreign national, residence permit

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EN

Official Journal of the European Union

3.2.2007

Corrigendum to 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

(Official Journal of the European Union L 405 of 30 December 2006)

Regulation (EC) No 1932/2006 should read as follows:

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 Commu-
nity, 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,

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.

Whereas:

(1)

(2)

The composition of the lists of third countries in Annexes I
and II to Council Regulation (EC) No 539/2001 of 15
March 2001 (1) 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.

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.

(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

(1) OJ L 81, 21.3.2001, p. 1. Regulation as last amended by Regulation

(EC) No 851/2005 (OJ L 141, 4.6.2005, p. 3).

(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.

(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

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the
Member States and amending the provisions of
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)

third countries listed in Annex I

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
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.

(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 acquis (2), 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 Agreement (3).

(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

the provisions of

regards Switzerland,

this Regulation constitutes a
the Schengen acquis,
development of
within the meaning of
the Agreement signed by the
European Union, the European Community and the Swiss
Confederation on the association of the Swiss Confedera-
tion 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 applica-
tion of certain provisions of the Agreement between the
European Union, the European Community and the Swiss
Confederation, concerning the Swiss Confederation's asso-
ciation with the implementation, application and develop-
ment of the Schengen acquis (4),

HAS ADOPTED THIS REGULATION:

Article 1

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

(1) Article 1 shall be amended as follows:

(1) See page 3 of this Official Journal.
(2) OJ L 176, 10.7.1999, p. 31.
(3) OJ L 368, 15.12.2004, p. 26.
(4) OJ L 370, 17.12.2004, p. 78.

(a)

following subparagraph shall be

the
paragraph 1:

added to

‘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.’;

(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, p. 1.
(**) OJ L 327, 19.12.1994, p. 1.’;

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

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(3) 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
requirement:

from the visa

(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
the third
travel document
countries listed in Annex II;

is one of

(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
their
forces.’;

status of

(4) Annex I shall be amended as follows:

(a)

in Part 1:

(i)

(ii)

(iii)

(iv)

a reference to Bolivia shall be inserted;

the references to Antigua and Barbuda,
the
Bahamas, Barbados, Mauritius, Saint Kitts and
Nevis, and the Seychelles shall be deleted;

the reference to ‘East Timor’ shall be replaced by
a reference to ‘Timor-Leste’;

the reference to ‘Federal Republic of Yugoslavia
(Serbia-Montenegro)’ shall be replaced by refer-
ences to ‘Serbia’ and to ‘Montenegro’;

(v)

the reference to ‘Western Samoa’
replaced by a reference to ‘Samoa’;

shall be

(b)

the following Part shall be added:

‘3.

CITIZENS WHO ARE

BRITISH
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;

(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.

CITIZENS WHO ARE

BRITISH
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