Proposal for a Council Regulation 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 (Codified version)
Date: 2008-11-28
Institutions: European Commission
Subjects: EU visa policy, external border of the EU, foreign national, member country, third country

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.11.2008 
COM(2008) 761 final 

2008/0225 (CNS) 

Proposal for a 

COUNCIL REGULATION 

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 

(Codified version) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Regulation (EC)  No  539/2001  of  15  March  2001  listing  the  third  countries  whose 
nationals must be in possession of visas when crossing the external borders and those 
whose  nationals  are  exempt  from  that  requirement3.  The  new  Regulation  will 
supersede  the  various  acts  incorporated  in  it4;  this  proposal  fully  preserves  the 
content  of  the  acts  being  codified  and  hence  does  no  more  than  bringing  them 
together  with  only  such  formal  amendments  as  are  required  by  the  codification 
exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex III to this proposal. 

1. 

2. 

3. 

4. 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Regulation  (EC)  No  539/2001  and  the  instruments 
amending  it,  carried  out  by  the  Office  for  Official  Publications  of  the  European 
Communities, by means of a data-processing system. Where the Articles have been 
given new numbers, the correlation between the old and the new numbers is shown 
in a table contained in Annex IV to the codified Regulation. 

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(cid:208) 539/2001 
2008/0225 (CNS) 

Proposal for a 

COUNCIL REGULATION 

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 
(codified version) 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Whereas: 

(cid:208)  

(1) 

Council  Regulation  (EC)  No  539/2001  of  15  March  2001  listing  the  third  countries 
whose nationals must be in possession of visas when crossing the external borders and 
those  whose  nationals  are  exempt  from  that  requirement3  has  been  substantially 
amended several times4. In the interests of clarity and rationality the said Regulation 
should be codified. 

(2) 

This  Regulation  ⌦ should  provide ⌫  for  full  harmonisation  as  regards  the  third 
countries  whose  nationals  are  subject  to  the  visa  requirement  for  the  crossing  of 
Member  States'  external  borders  and  those  whose  nationals  are  exempt  from  that 
requirement. 

(cid:208) 2414/2001 Art. 1 pt. 1 (adapted) 

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2 
3 
4 

OJ C […], […], p.. […]. 
OJ C […], […], p.. […]. 
OJ L 81, 21.3.2001, p. 1. 
See Annex III. 

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(cid:208) 539/2001 Recital 5 first 
sentence (adapted) 

(3) 

(4) 

(5) 

The  determination  of  those  third  countries  whose  nationals  are  subject  to  the  visa 
requirement,  and  those  exempt  from  it,  is  governed  by  a  considered,  case-by-case 
assessment  of  a  variety  of  criteria  relating  inter  alia  to  illegal  immigration,  public 
policy  and  security,  and  to  the  European  Union's  external  relations  with  third 
countries, consideration also being given to the implications of regional coherence and 
reciprocity. 

(cid:208) 539/2001 Recital 6 (adapted) 

As  the  Agreement  on  the  European  Economic  Area  exempts  nationals  of  Iceland, 
Liechtenstein  and  Norway  from  the  visa  requirement,  these  countries  ⌦ should ⌫ 
not  ⌦ be ⌫  included  in  the  list  ⌦ of  third  countries  whose  nationals  are  exempt 
from the visa requirement ⌫ . 

(cid:208) 453/2003 Recital 3 (adapted) 

Since the Agreement between the European Community and its Member States, of the 
one  part,  and  the  Swiss  Confederation,  of  the  other  part,  on  the  free  movement  of 
persons provides for free movement without visas for nationals of Switzerland and of 
the Member States, Switzerland should ⌦ not ⌫ be ⌦ included in the list of third 
countries whose nationals are exempt from the visa requirement ⌫ . 

(6) 

In specific cases where special visa rules are warranted, Member States ⌦ should be 
able to ⌫ exempt certain categories of persons from the visa requirement or impose it 
on them in accordance with public international law or custom. 

(cid:208) 539/2001 Recital 8 (adapted) 

(cid:208) 539/2001 Recital 7 (adapted) 

(7) 

As regards stateless persons and recognised refugees, without prejudice to obligations 
under  international  agreements  signed  by  the  Member  States  and  in  particular  the 
European Agreement on the Abolition of Visas for Refugees, signed at Strasbourg on 
20 April 1959, the decision as to the visa requirement or exemption should be based 
on  the  third  country  in  which  these  persons  reside  and  which  issued  their  travel 
documents.  However,  given  the  differences  in  the  national  legislation  applicable  to 
stateless persons and to recognised refugees, Member States ⌦ should be able to ⌫ 
decide whether these categories of persons ⌦ should ⌫ be ⌦ exempted ⌫ , where 
the  third  country  in  which  these  persons  reside  and  which  issued  their  travel 
documents is a third country whose nationals are exempt from the visa requirement. 

(8)  ⌦ In accordance with ⌫ 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 

(cid:208) 1932/2006 Recital 7 (adapted) 

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the  external  land  borders  of  the  Member  States  and  amending  the  provisions  of  the 
Schengen Convention5, ⌦ an ⌫ exemption from the visa requirement ⌦ should be 
laid down ⌫ for holders of a local border traffic ⌦ permit ⌫ . 

(9)  Member  States  ⌦ should  be  able  to ⌫  provide  for  exemptions  from  the  visa 

requirement for holders of certain passports other than ordinary passports. 

(cid:208) 1932/2006 Recital 5 (adapted) 

(cid:208) 1932/2006 Recital 6 (adapted) 

(10)  Member States ⌦ should be able to ⌫ exempt from the visa requirement recognised 
refugees, all stateless persons, both those ⌦ covered by ⌫ 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 
⌦ in ⌫  these  categories  reside  in  a  third  country  ⌦ the  national  of  which  are 
exempt from the visa requirement for stays of no more than three months in all ⌫ as 
listed in ⌦ this ⌫ Regulation. 

(11)  A ⌦ general ⌫ exemption from the visa requirement should ⌦ also ⌫ be ⌦ laid 
down ⌫ for persons ⌦ in ⌫ 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. 

(cid:208) 1932/2006 Recital 8 (adapted) 

(12)  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 ⌦ included in the list of third countries whose nationals 
are  required  to  be  in  possession  of  a  visa  when  crossing  the  external  borders  of  the 
Member  States ⌫  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 ⌦ this ⌫ Regulation. 

(cid:208) 539/2001 Recital 9 (adapted) 

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

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OJ L 405, 30.12.2006, p. 1. 

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(cid:208) 539/2001 Recital 5 second 
sentence (adapted) 

(14)  A Community mechanism ⌦ should be provided for ⌫enabling ⌦ the ⌫ principle 
of reciprocity to be implemented if one of the third countries included in ⌦ the list of 
third  countries  whose  nationals  are  exempt  from  the  visa  requirement ⌫  decides  to 
make the nationals of one or more Member States subject to the visa obligation. 

(cid:208) 851/2005 Recital 2 (adapted) 

(15)  Given the seriousness of situations of non-reciprocity, it is essential that they should 
be  notified  without  fail  by  the  Member  State(s)  concerned.  To  ensure  that  the  third 
country  in  question  again  applies  visa-free  travel  to  nationals  of  the  Member  States 
concerned,  a  mechanism  should  be  provided  ⌦ for  that  combines  ⌫  measures  at 
variable  levels  and  intensities  that  can  be  rapidly  carried  out.  Thus  the  Commission 
should  take  steps  with  the  third  country  without  delay,  report  to  the  Council  and  be 
able  at  any  moment  to  propose  that  the  Council  adopt  a  ⌦ temporary  measure ⌫ 
restoring the visa requirement for nationals of the third country in question. Resorting 
to such a ⌦ temporary measure ⌫ should not make it impossible to transfer the third 
country in question to ⌦ the list of third countries the national of which are required 
to be in possession of a visa when crossing the external borders of the Member States, 
as set out in Annex I to ⌫ this Regulation . A temporal link should also be provided 
between  the  entry  into  force  of  the  ⌦ temporary ⌫  measure  and  any  proposal  to 
transfer the ⌦ third ⌫ country to ⌦ the list in that ⌫ Annex.  

(16)  The conditions governing entry into the territory of the Member States or the issue of 
visas ⌦ should ⌫ not affect the rules currently governing recognition of the validity 
of travel documents. 

(cid:208) 539/2001 Recital 10 (adapted) 

(cid:208) 539/2001 Recitals 2 and 3 
(adapted) 

(17)  This Regulation follows on from the Schengen acquis in accordance with the Protocol 
integrating it into the framework of the European Union, hereinafter referred to as the 
‘Schengen Protocol’. It ⌦ should ⌫ not affect Member States' obligations deriving 
from the acquis as defined in Annex A to Council Decision 1999/435/EC of 20 May 
1999 concerning the definition of the Schengen acquis for the purpose of determining, 
in  conformity  with  the  relevant  provisions  of  the  Treaty  establishing  the  European 
Community  and  the  Treaty  on  European  Union,  the  legal  basis  for  each  of  the 
provisions  or  decisions  which  constitute  the  acquis6.  This  Regulation  constitutes  the 
further  development  of  those  provisions  in  respect  of  which  closer  cooperation  has 
been authorised under the Schengen Protocol . 

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OJ L 176, 10.7.1999, p. 1. 

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(cid:208) 851/2005 Recital 7 

(18)  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  association  of  those  two  States  with  the  implementation, 
application  and  development  of  the  Schengen  acquis7,  which  fall  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 Agreement8. 

(cid:208) 1932/2006 Recital 12 

(19)  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  Decision 
1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC of 
28 January 2008 on the conclusion of the Agreement between the European Union, the 
European  Community  and  the  Swiss  Confederation,  on  the  Swiss  Confederation's 
association  with  the  implementation,  application  and  development  of  the  Schengen 
acquis9. 

(cid:208) 2414/2001 Recital 4 (adapted) 

(20)  Pursuant  to  Article  1  of  the  Protocol  on  the  position  of  the  United  Kingdom  and 
Ireland, annexed to the Treaty on European Union and to the Treaty establishing the 
European  Community,  Ireland  and  the  United  Kingdom  are  not  participating  in  the 
adoption  of  this  Regulation.  Consequently,  without  prejudice  to  Article  4  of  that 
Protocol, the provisions of this Regulation ⌦ should ⌫ not apply to Ireland or to the 
United Kingdom, 

HAS ADOPTED THIS REGULATION: 

(cid:208) 539/2001 (adapted) 

Article 1 

For the purposes of this Regulation, ‘visa’ shall mean an authorisation issued by a Member 
State or a decision taken by such ⌦ Member ⌫ State which is required with a view to: 

(a) 

entry  for  an  intended  stay  in  that  Member  State  or  in  several  Member  States  of  no 
more than three months in total; 

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OJ L 176, 10.7.1999, p. 36. 
OJ L 176, 10.7.1999, p. 31. 
OJ L 53 , 27.2.2008 p. 1 . 

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(b) 

entry for transit through the territory of that Member State or several Member States, 
except for transit at an airport. 

1. Nationals of third countries ⌦ listed ⌫ in Annex I shall be required to be in possession of 
a visa when crossing the external borders of the Member States. 

Article 2 

(cid:208) 1932/2006 Art. 1(1)(a) 

2.  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. 

(cid:208) 539/2001 (adapted) 
(cid:206)1 2414/2001 Art. 1 pt. 2 

Article 3 

(cid:206)1 Nationals  of  third  countries  ⌦ listed ⌫  in  Annex  II  shall  be  exempt  from  the 
requirement set out in Article 2(1) for stays of no more than three months in all.  

(cid:208) 1932/2006 Art.1(1)(b) (adapted) 

The following shall also be exempt from the visa requirement: 

(a) 

(b) 

(c) 

the nationals of third countries listed in Annex I to this Regulation who are holders of 
a  local  border  traffic  ⌦ permit ⌫  issued  by  the  Member  States  pursuant  to 
Regulation (EC) No 1931/2006 l 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  ⌦ to  this 
Regulation ⌫  and  who 
in  a  Member  State  applying  Council 
Decision 94/795/JHA  10  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; 

reside 

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. 

10 

OJ L 327, 19.12.1994, p. 1. 

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(cid:208) 539/2001 (adapted) 

Article 4 

Nationals of new third countries formerly part of countries ⌦ listed ⌫ in Annexes I and II 
shall be subject respectively to the provisions of Articles 2 and 3 unless and until the Council 
decides otherwise under the procedure laid down in the relevant provision of the Treaty. 

Article 5 

1.  A  Member  State  may  provide  for  exceptions  from  the  visa  requirement  ⌦ referred  to 
in ⌫ Article 2 or from the exemption from the visa requirement ⌦ referred to in ⌫ Article 
3 as regards: 

(a) 

(b) 

(c) 

(d) 

(e) 

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 Council 
Regulation (EC) No 789/2001 11. 

(cid:208) 1932/2006 Art. 1(3)(a) 

civilian air and sea crew; 

(cid:208) 539/2001 

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

the civilian crew of ships navigating in international waters; 

the  holders  of  laissez-passer  issued  by  some  intergovernmental  international 
organisations to their officials. 

(cid:208) 1932/2006 Art. 1(3)(b) 
(adapted) 

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 
⌦ who ⌫ 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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OJ L 116, 26.4.2001, p. 2.  

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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. 

3. A Member State may provide for exceptions from the exemption from the visa requirement 
provided for in Article 3 as regards persons carrying out a paid activity during their stay. 

(cid:208) 539/2001 

(cid:208) 539/2001 (adapted) 

Article 6 

1. Member States shall communicate to the Commission and to the other Member States the 
measures  they  take  pursuant  to  Article  5,  ⌦ within  five  working  days  of  the  adoption  of 
those measures ⌫ . 

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

(cid:208) 539/2001 

(cid:208) 851/2005 Art. 1(1) (adapted) 

Article 7 

1. Where a third  country  listed in  Annex II introduces a  visa requirement for  nationals of a 
Member State, the provisions ⌦ set out in the second to fifth subparagraphs of this paragraph 
and in paragraphs 2 to 5 ⌫ shall apply. 

.Within 90 days of such introduction, or its announcement, the Member State concerned shall 
notify the Council and the Commission in writing; the notification shall be published in the C 
series of the Official Journal of the European Union. The notification shall specify the date of 
implementation of the measure and the type of travel documents and visas concerned.  

If the third country decides to lift the visa obligation before the expiry of ⌦ that ⌫ deadline, 
the notification ⌦ shall become ⌫ superfluous. 

The  Commission  shall,  immediately  ⌦ following  the  date  of  publication ⌫  of  that 
notification  and  in  consultation  with  the  Member  State  concerned,  take  steps  with  the 
authorities of the third country in order to restore visa-free travel. 

.Within  90  days  after  publication  of  that  notification,  the  Commission,  in  consultation  with 
the Member State concerned, shall report to the Council. The report may be accompanied by a 
proposal providing for the temporary restoration of the visa requirement for nationals of the 
third country in question. The Commission may also present this proposal after deliberations 

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in Council on its report. The Council shall act on such proposal by a qualified majority within 
three months. 

2.  If  it  considers  it  necessary,  the  Commission  may  present  a  proposal  for  the  temporary 
restoration  of  the  visa  requirement  for  nationals  of  the  third  country  referred  to  in  ⌦ the 
fifth ⌫ subparagraph ⌦ of paragraph 1 ⌫ without a prior report. The procedure provided 
for in that subparagraph shall apply to that proposal. The Member State concerned may state 
whether  it  wishes  the  Commission  to  refrain  from  the  temporary  restoration  of  such  visa 
requirement without a prior report. 

3.  The  procedure  referred  to  in  ⌦ the  fifth  subparagraph  of  paragraph  1 ⌫and  ⌦ in 
paragraph  2 ⌫  ⌦ shall ⌫  not  affect  the  Commission’s  right  to  present  a  proposal 
amending this Regulation in order to transfer the third country concerned to ⌦ the list set out 
in ⌫ Annex I.  

Where a temporary measure as referred to in ⌦ the fifth subparagraph of paragraph 1 ⌫ and 
⌦ in  paragraph  2 ⌫  has  been  decided,  the  proposal  amending  this  Regulation  shall  be 
presented  by  the  Commission  at  the  latest  nine  months  after  the  entry  into  force  of  the 
temporary measure.  

Such  a  proposal  shall  also  include  provisions  for  lifting  of  temporary  measures,  which  may 
have been introduced pursuant to the procedures referred to in ⌦ the fifth subparagraph of 
paragraph  1 ⌫  and  ⌦ in  paragraph  2 ⌫  .  In  the  meantime  the  Commission  ⌦ shall ⌫ 
continue  its  efforts  in  order  to  induce  the  authorities  of  the  third  country  in  question  to 
reinstall visa-free travel for the nationals of the Member State concerned. 

4.  Where  ⌦ a ⌫  third  country  ⌦listed  in  Annex  II  requiring  a  visa  for  nationals  of  a 
Member State ⌫ abolishes the visa requirement, the Member State shall immediately notify 
the Council and the Commission to that effect.  

The  notification  shall  be  published  in  the  C  series  of  the  Official  Journal  of  the  European 
Union. Any temporary measure decided upon under ⌦ paragraph 2 ⌫ shall terminate seven 
days  after  the  publication  in  the  Official  Journal  of  the  European  Union.  In  case  the  third 
country in question has introduced a visa requirement for nationals of two or more Member 
States  the  termination  of  the  temporary  measure  ⌦ shall ⌫  only  terminate  after  the  last 
publication. 

5. As long as visa exemption reciprocity continues not to exist with any third country listed in 
Annex  II  in  relation  to  any  of  the  Member  States,  the  Commission  shall  report  to  the 
European Parliament and the Council before the 1 July of every even-numbered year on the 
situation of non-reciprocity and shall, if necessary, submit appropriate proposals. 

(cid:208) 851/2005 Art. 1(2) 

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(cid:208) 539/2001 (adapted) 

Article 8 

This  Regulation  shall  not  affect  the  competence  of  Member  States  with  regard  to  the 
recognition of States and territorial units and passports, travel and identity documents issued 
by their authorities. 

(cid:208) 1932/2006 Art. 2, second 
paragraph (adapted) 

Article 9 

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 
Community with the third country in question. 

(cid:208)  

Article 10 

Regulation (EC) No 539/2001 is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex IV. 

(cid:208) 2414/2001 Art. 1 pt. 3 

Article 11 

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

(cid:208) 539/2001 (adapted) 

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

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Done at Brussels, […] 

For the Council 
The President 
[…] 

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(cid:208) 539/2001 (adapted) 

ANNEX I 

⌦ List of third countries whose nationals must be in possession of a visa when crossing 
the external borders of the Member States ⌫  

1. 

STATES 

Afghanistan 

Albania 

Algeria 

Angola 

Armenia 

Azerbaijan 

Bahrain 

Bangladesh 

Belarus 

Belize 

Benin 

Bhutan 

Bolivia 

Bosnia and Herzegovina 

Botswana 

Burkina Faso 

Burundi 

Cambodia 

(cid:208) 1932/2006 Art. 1(4)(a)(i) 

(cid:208) 539/2001 (adapted) 

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Cameroon 

Cape Verde 

Central African Republic 

Chad 

China 

Colombia 

⌦ Comoros ⌫ 

Congo 

Côte d'Ivoire ⌦ Ivory Coast ⌫ 

Cuba 

Democratic Republic of the Congo 

 ⌦ Djibouti ⌫ 

Dominica 

Dominican Republic 

⌦ East Timor ⌫ 

Ecuador 

Egypt 

Equatorial Guinea 

Eritrea 

Ethiopia 

Fiji 

(cid:208) 1932/2006 Art. 1(4)(a)(iii) 
(adapted) 

(cid:208) 453/2003 Art. 1 pt. 1(b) 

(cid:208) 539/2001 

the former Yugoslav Republic of Macedonia 

Gabon 

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Gambia 

Georgia 

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 

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(cid:208) 539/2001 (adapted) 

(cid:208) 539/2001 

(cid:208) 1932/2006 Art. 1(4)(a)(iv) 

(cid:208) 539/2001 (adapted) 

Mali 

Marshall Islands 

Mauritania 

Micronesia 

⌦ Republic of ⌫ Moldova 

Mongolia 

Montenegro 

Morocco 

Mozambique 

⌦ Myanmar ⌫ 

Namibia 

Nauru 

Nepal 

Niger 

Nigeria 

North Korea 

Northern Marianas 

Oman 

Pakistan 

Palau 

Papua New Guinea 

Peru 

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(cid:208) 1932/2006 Art. 1(4)(a)(v) 

(cid:208) 539/2001 

(cid:208) 1932/2006 Art. 1(4)(a)(iv) 

(cid:208) 539/2001 (adapted) 

Philippines 

Qatar 

Russia 

Rwanda 

Saint Lucia 

Saint Vincent and the Grenadines 

Samoa 

São Tomé and Príncipe 

Saudi Arabia 

Senegal 

Serbia 

Sierra Leone 

Solomon Islands 

Somalia 

South Africa 

Sri Lanka 

Sudan 

Surinam 

Swaziland 

Syria 

Tajikistan 

Tanzania 

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(cid:208) 539/2001 

Thailand 

Togo 

Tonga 

Trinidad and Tobago 

Tunisia 

Turkey 

Turkmenistan 

Tuvalu 

Uganda 

Ukraine 

United Arab Emirates 

Uzbekistan 

Vanuatu 

Vietnam 

Yemen 

Zambia 

Zimbabwe 

2. 

ENTITIES  AND  TERRITORIAL  AUTHORITIES  THAT  ARE  NOT 
RECOGNISED AS STATES BY AT LEAST ONE MEMBER STATE 

Palestinian Authority 

Taiwan 

(cid:208) 1932/2006 Art. 1(4)(b) 

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 

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British Overseas Citizens 

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

British Protected Persons 

__________________ 

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(cid:208) 539/2001 (adapted) 

ANNEX II 

⌦ List of third countries whose nationals are exempt from the visa requirement for 
stays of no more than three months in all ⌫ 

1. 

STATES 

Andorra 

Antigua and Barbuda ⌦ 1 ⌫ 

Argentina 

Australia 

The Bahamas2 

Barbados3 

Brazil 

Brunei Darussalam 

Canada 

(cid:208) 1932/2006 Art. 1(5)(a)(ii) and 
(iii) (adapted) 

(cid:208) 539/2001 

(cid:208) 1932/2006 Art. 1(5)(a)(ii) and 
(iii) (adapted) 

(cid:208) 539/2001 

(cid:208) 1932/2006 Art. 1(5)(a)(iv) 
(adapted) 

(cid:208) 539/2001 (adapted) 

1 

2 

3 

The  exemption  from  the  visa  requirement  ⌦ shall ⌫  apply  from  the  date  of  entry  into  force  of  an 
agreement on visa exemption to be concluded with the Community. 
The  exemption  from  the  visa  requirement  ⌦ shall ⌫  apply  from  the  date  of  entry  into  force  of  an 
agreement on visa exemption to be concluded with the Community. 
The  exemption  from  the  visa  requirement  ⌦ shall ⌫  apply  from  the  date  of  entry  into  force  of  an 
agreement on visa exemption to be concluded with the Community. 

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Chile 

Costa Rica 

Croatia 

⌦ El Salvador ⌫ 

Guatemala 

the Holy See 

Honduras 

Israel 

Japan 

Malaysia 

Mauritius4 

Mexico 

Monaco 

New Zealand 

Nicaragua 

Panama 

Paraguay 

(cid:208) 1932/2006 Art. 1(5)(a)(ii) and 
(iii) (adapted) 

(cid:208) 539/2001 

Saint Kitts and Nevis5 

(cid:208) 1932/2006 Art. 1(5)(a)(ii) and 
(iii) (adapted) 

4 

5 

The  exemption  from  the  visa  requirement  ⌦ shall ⌫  apply  from  the  date  of  entry  into  force  of  an 
agreement on visa exemption to be concluded with the Community. 
The  exemption  from  the  visa  requirement  ⌦ shall ⌫  apply  from  the  date  of  entry  into  force  of  an 
agreement on visa exemption to be concluded with the Community. 

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(cid:208) 539/2001 (adapted) 

(cid:208) 1932/2006 Art. 1(5)(a)(ii) and 
(iii) (adapted) 

(cid:208) 539/2001 (adapted) 

San Marino 

Seychelles6 

Singapore 

South Korea 

United States  

Uruguay 

Venezuela 

2. 

SPECIAL ADMINISTRATIVE REGIONS OF THE PEOPLE'S REPUBLIC OF 
CHINA 

Hong Kong SAR ⌦ 7 ⌫ 

⌦ Macau ⌫ SAR ⌦ 8 ⌫ 

3. 

BRITISH  CITIZENS  WHO  ARE  NOT  NATIONALS  OF  THE  UNITED 
KINGDOM  OF  GREAT  BRITAIN  AND  NORTHERN  IRELAND  FOR  THE 
PURPOSES OF COMMUNITY LAW: 

(cid:208) 1932/2006 Art. 1(5)(b) 

British Nationals (Overseas) 

__________________ 

6 

7 

8 

The  exemption  from  the  visa  requirement  ⌦ shall ⌫  apply  from  the  date  of  entry  into  force  of  an 
agreement on visa exemption to be concluded with the Community. 
The  visa  requirement  exemption ⌦ shall ⌫  only  ⌦ apply ⌫  to  holders  of  a  ‘Hong  Kong  Special 
Administrative Region’ passport. 
The visa requirement exemption ⌦ shall ⌫ only ⌦ apply ⌫ to holders of a ‘Região Administrativa 
Especial de Macau’ passport. 

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(cid:207) 

ANNEX III 

Repealed Regulation with list of its successive amendments 

Council Regulation (EC) No 539/2001 
(OJ L 81, 21.3.2001, p. 1) 

Council Regulation (EC) No 2414/2001 
(OJ L 327, 12.12.2001, p. 1) 

Council Regulation (EC) No 453/2003 
(OJ L 69, 13.3.2003, p. 10) 

Act of Accession of 2003, Annex II, point 18(B) 
(OJ L 236, 23.9.2003, p. 718) 

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

Council Regulation (EC) No 1791/2006 
(OJ L 363, 20.12.2006, p. 1) 

Council Regulation (EC) No 1932/2006 
(OJ L 405, 30.12.2006, p. 23) 

_____________ 

Only the eleventh indent of 
Article 1(1) as regards 
Regulation (EC) No 539/2001, and 
point 11(B)(3) of the Annex 

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ANNEX IV 

CORRELATION TABLE 

Regulation (EC) No 539/2001 

This Regulation 

Article 1(1), first subparagraph 

Article 2(1) 

Article 1(1), second subparagraph 

Article 2(2) 

Article 1(2), first subparagraph 

Article 3(1) 

Article 
introductory wording 

1(2), 

second 

subparagraph, 

Article 3(2), introductory wording 

Article 1(2), second subparagraph, first indent  Article 3(2)(a) 

Article  1(2),  second  subparagraph,  second 
indent 

Article 3(2)(b) 

Article  1(2),  second  subparagraph, 
indent 

third 

Article 3(2)(c) 

Article 1(3) 

Article 4 

Article 1(4), introductory wording 

Article 7(1), first subparagraph 

Article 1(4)(a), first and second sentence 

Article 7(1), second subparagraph  

Article 1(4)(a), third sentence 

Article 7(1), third subparagraph  

Article 1(4)(b) 

Article 1(4)(c) 

Article 1(4)(d) 

Article 7(1), fourth subparagraph 

Article 7(1), fifth subparagraph 

Article 7(2) 

Article 1(4)(e), first sentence 

Article 7(3), first subparagraph 

Article 1(4)(e), second sentence 

Article 7(3), second subparagraph 

Article 1(4)(e), third and fourth sentences 

Article 7(3), third subparagraph 

Article 1(4)(f), first sentence 

Article 7(4), first subparagraph 

Article 1(4)(f), second and third sentences 

Article 7(4), second subparagraph 

Article 1(5) 

Article 7(5) 

Article 2, introductory wording 

Article 1, introductory wording 

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Article 2, first indent 

Article 2, second indent 

Article 4 

Article 5 

Article 6 

Article 7 

- 

- 

Article 8 

Annex I 

Annex II 

- 

- 

Article 1(a) 

Article 1(b) 

Article 5 

Article 6 

Article 8 

- 

Article 9 

Article 10 

Article 11 

Annex I 

Annex II 

Annex III 

Annex IV 

_____________ 

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