Proposal for a Council Regulation 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: 2009-07-15
Institutions: European Commission
Subjects: EU Member State, EU visa policy, external border of the EU, foreign national, third country

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.7.2009 
COM(2009) 366 final 

2009/0104 (CNS) 

Proposal for a 

COUNCIL REGULATION 

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 

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EXPLANATORY MEMORANDUM 

1. Context of the proposal  

In  proposing  this  amendment  to  Regulation  (EC)  No  539/20011  as  last  amended  by 
Regulation (EC) No 1932/20062, the Commission is pursuing the following objectives:  

–  adjusting the two annexes to the Regulation, so as to fully reflect the new situation in the 
countries of the Western Balkan region, considering the political commitment taken by the 
European Union on the liberalisation of the short term visa requirement for the citizens of 
all Western Balkan countries as part of the Thessaloniki agenda and the progress made in 
the visa liberalisation dialogues started in 2008 with Albania, Bosnia and Herzegovina, the 
former Yugoslav Republic of Macedonia, Montenegro and Serbia; 

–  ensuring  that  this  adjustment  for  Western  Balkan  countries  is  in  line  with  the  need  for 
periodic  review  of  Regulation  (EC)  No  539/2001  and  the  composition  of  its  annexes  – 
which  contain  the  list  of  third  countries  whose  nationals  must  be  in  possession  of  visas 
when crossing the external borders of Member States (Annex I) and the list of those whose 
nationals  are  exempt  from  that  requirement  (Annex  II)  –  and  that  it  complies  with  the 
criteria set out in recital 5, in particular as regards the illegal immigration and public policy 
criteria for transferring countries from one annex to another as appropriate; 

–  transferring the former Yugoslav Republic of Macedonia, Montenegro and Serbia from the 
Annex  I  to  the  Annex  II  of  the  Regulation;  introducing  Kosovo  under  United  Nations 
Security  Council  Resolution  (UNSCR)  1244/99  into  Annex  I  of  Regulation  (EC)  No 
539/2001 under "Entities and territorial authorities that are not recognised as states by at 
least one Member State". This is without prejudice to the status of Kosovo under UNSCR 
1244/99. 

° Background and existing provisions in the area of the proposal 

In accordance with Article 62(2)(b)(i) of the EC Treaty, the Council has adopted Regulation 
(EC) No 539/2001 listing the third countries whose nationals must be in possession of visas 
when crossing the external borders (the so-called 'negative list') and those whose nationals are 
exempt from that requirement (the so-called 'positive list')3. Article 61 of the EC Treaty cites 
those  lists  among  the  flanking  measures  which  are  directly  linked  to  the  free  movement  of 
persons in an area of freedom, security and justice. 

The determination of those third countries whose nationals are subject to the visa requirement, 
and  those  whose  nationals  are  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 (see recital 5 of the 
preamble of Regulation (EC) No 539/2001). As these criteria can evolve over time in relation 
to  third  countries,  the  composition  of  the  negative  and  positive  lists  should  be  reviewed 
regularly.  Hence,  since  its  adoption,  Regulation  (EC)  No  539/2001  has  been  amended  five 

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OJ L 81, 21.3.2001, p. 1. 
OJ L 405, 30.12.2006, p. 23. 
OJ L 81, 21.3.2001, p. 1. 

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times4. Taking into account the above-mentioned evolution of the situation in relation to some 
countries  of  the  Western  Balkans,  it  is  appropriate  to  review  the  lists  again  as  regards  the 
latter. 

° Short term visa policy for Western Balkan countries – Follow-up of the Thessaloniki 
agenda 

When adopting Regulation (EC) No 2317/955, the Council determined for the first time such a 
negative list: this list included Albania, the former Yugoslav Republic of Macedonia and the 
Federal Republic of  Yugoslavia (Serbia  and Montenegro). Bosnia and Herzegovina was not 
included  in  the  list,  leaving  Member  States  free  to  decide  on  the  visa  requirement  for  the 
nationals of this country: all Member States but one imposed a visa obligation6. 

When  after  the  entry  into  force  of  the  Amsterdam  Treaty,  the  Council  adopted  Regulation 
(EC) No 539/2001 determining for the first time a negative and a positive list, all the Western 
Balkan  countries  but  Croatia  were  included  in  the  negative  list:  Albania,  Bosnia  and 
Herzegovina,  the  Federal  Republic  of  Yugoslavia  (Serbia-Montenegro)  and  the  former 
Yugoslav  Republic  of  Macedonia.  After  the  independence  of  Montenegro,  Serbia  and 
Montenegro were both included in the negative list7. 

Heads of State and Government reaffirmed the importance of a dialogue on short term visas in 
the  conclusions  of  the  EU-Western  Balkans  Summit  held  in  Thessaloniki  on  21  June  2003, 
which also confirmed the European perspective of the countries of the Western Balkans. The 
“Thessaloniki  agenda”  confirmed  in  particular  that  the  perspective  of  visa  liberalisation  for 
the  Western  Balkan  countries  is  a  goal  linked  to  the  progress  of  the  countries  concerned  in 
implementing major reforms in areas such as the strengthening of the rule of law, combating 
organised crime, corruption and illegal migration and the strengthening of their administrative 
capacity in border control and security of documents.  

As a first concrete step towards the establishment of a visa free travel regime, and considering 
that  facilitating  people  to  people  contacts  was  as  an  important  condition  for  a  steady 
development  of  economic,  humanitarian,  cultural,  scientific  and  other  ties,  the  European 
Community  concluded  in  2007  Visa  Facilitation  Agreements  with  Albania,  Bosnia  and 
Herzegovina,  the  former  Yugoslav  Republic  of  Macedonia,  Montenegro  and  Serbia8  (in 
parallel with readmission agreements).  

The purpose of the agreements was to make it easier for citizens of Western Balkan countries, 
in  particular  for  those  who  travel  frequently  to  the  European  Union,  to  acquire  short  stay 

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Council Regulations (EC) No 2414/2001 of 7 December 2001 (OJ L 327, 12.12.2001, p. 1), (EC) No 
453/2003 of 6 March 2003 (OJ L 69 13.3.2003, p. 10), (EC) No 851/2005 of 2 June 2005 (OJ L 141 
4.6.2005,  p.  3),  (EC)  No  1791/2006  of  20  November  2006  (OJ  L  363  20.12.2006,  p.  1),  (EC)  No 
1932/2006 of 21 December 2006 (OJ L 405 30.12.2006, p. 23). 
Of 25 September 1995 (OJ L234, 3.10.1995, p. 1). 
See,  e.g.  the  Commission  Communication  pursuant  to  Council  Regulation  (EC)  No  2317/95  of  25 
September 1995 determining the third countries whose nationals must be in possession of visas when 
crossing the external borders of the Member States (OJ C 101, 3.4.1998, p. 4). 
Amendment  of  Regulation  (EC)  No  539/2001  by  Council  Regulation  (EC)  No  1932/2006  of  21 
December 2006 (OJ L 405, 30.12.2006), and corrigendum (OJ L29, 3.2.2007, p. 10). 
See  the  preamble  of  these  agreements  :  with  Albania  (OJ  L  334,  19.12.2007,  p.  85),  Bosnia  and 
Herzegovina  (OJ  L 334,  19.12.2007,  p. 97),  the former  Yugoslav  Republic of  Macedonia  (OJ  L 334, 
19.12.2007,  p.  125),  Montenegro  (OJ  L  334,  19.12.2007,  p.  169)  and  Serbia  (OJ  L  334,  19.12.2007, 
p. 109). 

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visas,  whilst  simultaneously  putting  in  place  clear  rules  for  combating  illegal  immigration 
through  Community  readmission  agreements.  These  agreements  entered  into  force  on  1 
January 2008. During 2008 and 2009 the Commission followed closely the implementation of 
the  Visa  Facilitation  Agreements  by  the  five  Western  Balkan  countries.  On  the  basis  of  the 
results of the first period of monitoring, the Commission considered this new legal instrument 
to have led to an improvement of the visa issuing procedure in Western Balkan countries.  

°  Visa  liberalisation  dialogue  with  Albania,  Bosnia  and  Herzegovina,  the  former 
Yugoslav Republic of Macedonia, Montenegro and Serbia – achievements of the process  

Opening the Visa Liberalisation Dialogues 

Within this dynamic context and in parallel with the implementation of the Visa Facilitation 
Agreements,  the  European  Commission  expressed  the  intention  to  start  dialogues  on  visa 
liberalisation  with  Albania,  Bosnia  and  Herzegovina,  the  former  Yugoslav  Republic  of 
Macedonia, Montenegro and Serbia. In this context, the Commission in its Communication on 
the  enlargement  strategy  of  6  November  20079  announced  its  intention  to  gradually  move 
towards visa liberalisation with the Western Balkan countries through further concrete steps. 
To that end, it proposed to open a dialogue with each of the countries concerned with a view 
to establishing a roadmap on the conditions to be met. 

The  General  Affairs  and  External  Relations  Council  in  its  conclusions  of  28  January  2008 
"welcomed the intention of the European Commission to launch soon a visa dialogue with all 
countries in the [Western Balkan] region and expressed its readiness to further discuss this 
issue… with a view to define detailed roadmaps setting clear benchmarks to be met by all the 
countries in the regions in order to gradually advance towards visa liberalisation. This would 
enable the Council and the Commission to closely monitor progress in necessary reforms".  

When  setting  up  the  methodology  for  a  structured  visa  liberalisation  process  with  the  clear 
commitment  for  a  result-oriented  dialogue,  the  European  Union  took  into  consideration  the 
European  perspective  of  Western  Balkan  countries,  the  political  commitment  made  on  the 
liberalisation  of  short  term  visas,  the  conclusion  by  all  five  countries  of  a  Community 
readmission  agreement  as  well  as  the  visa  exemption  granted  to  all  EU  citizens  by  the 
countries concerned.  

In  its  Communication  on  enhancing  the  European  perspective  for  the  Western  Balkan 
countries  of  5  March  200810,  the  Commission  outlined  the  process  it  proposed  for  moving 
towards visa liberalisation in the Western Balkans. It underlined the considerable importance 
visa  free  travel  to  the  EU  bears  for  the  people  of  the  Western  Balkans,  noted  that  moving 
towards a visa free regime is, for all the countries of the region, part of their preparations for 
EU  membership  and  stressed  its  intention  to  closely  monitor  the  implementation  of  the 
necessary reforms towards achieving this objective. 

The Commission formally launched the visa liberalisation dialogue in early 2008, respectively 
with: Serbia (30 January 200811), the former Yugoslav Republic of Macedonia (20 February 
2008),  Montenegro  (21  February  2008),  Albania  (3  March  2008),  Bosnia  and  Herzegovina 
(26 May 2009).  

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COM(2007) 663, 6.11.2007. 
COM(2008) 127, 5.3.2008. 
This visa liberalisation dialogue does not cover the territory of Kosovo under UNSCR 1244/99. 

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Roadmaps  for  each  of  the  five  countries  concerned  were  established  by  the  Commission  in 
agreement  with  the  Member  States  and  in  consultation  with  the  respective  country.  The 
roadmaps aimed at identifying all the measures to be adopted and implemented by each of the 
Western Balkan countries and to set up clear requirements to be achieved. The process aims at 
assisting  the  countries  concerned  to  meet  the  criteria  listed  in  recital  5  of  the  preamble  of 
Regulation  (EC)  No  539/2001.  In  particular,  the  roadmaps  were  divided  into  four  sets  of 
issues:  document  security,  illegal  immigration,  public  order  and  security  as  well  as  external 
relations items linked to the movement of persons. The dialogues and roadmaps were tailor-
made so as to allow each country to focus reform efforts and address the EU's requirements. 
The speed of movement towards visa liberalisation depends on the progress made by each of 
the countries in fulfilling the conditions set. 

Key Stages in the Process 

Based on detailed readiness reports provided by the five countries concerned, the Commission 
presented  in  November  2008  a  first  preliminary  assessment  to  the  Council  on  the  progress 
made  by  the  five  countries  concerned  for  the  implementation  of  the  roadmaps  for  visa 
liberalisation. 

On 25 May 2009, after a series of meetings and expert missions to the countries concerned (in 
which  Member  States  experts  were  actively  involved),  the  Commission  presented  to  the 
Council an updated version of the assessment reports The assessment reports were presented 
to the Western Balkan countries concerned on 11 and 12 June 2009.  

In particular, the updated version of the assessment reports concluded that: 

–  the  former  Yugoslav  Republic  of  Macedonia  has  met  all  the  benchmarks  set  in  the 

roadmap; 

–  for two countries, Montenegro and Serbia, important progress has also been achieved and 

only a very limited number of benchmarks remain open; 

–  for two others, Albania and Bosnia and Herzegovina, despite the important progress made, 

a series of benchmarks are still open.  

Following discussion of the assessment reports in the competent Council Working Parties, on 
15 June 2009 the Council (GAERC) concluded as follows: 

"The Council restates its support for the dialogue on visa liberalisation with Albania, Bosnia 
and  Herzegovina,  the  former  Yugoslav  Republic  of  Macedonia,  Montenegro  and  Serbia, 
based  on  the  roadmaps  containing  clear  and  realistic  benchmarks  and  on  a  country-by-
country assessment. The Council recalls that the countries concerned should continue to focus 
on full implementation of these benchmarks. 

In  this  regard,  the  Council  welcomes  the  updated  assessment  reports  presented  by  the 
European  Commission  on  the  progress  in  the  visa  liberalisation  dialogues  with  these 
countries.  The  reports  reflect  the  clear  progress  made  by  these  countries  in  meeting  the 
benchmarks  set  out  in  the  visa  liberalisation  roadmaps.  In  this  context,  the  Council 
encourages  the  European  Commission  to  present as  soon  as  possible  a  legislative  proposal 
amending  Regulation  (EC)  No  539/2001,  as  it  applies  to  the  Member  States,  in  order  to 
achieve a visa free regime ideally by the end of 2009 with those countries that will have met 
all the benchmarks. 

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Acknowledging  the  significance  of  visa  liberalisation  for  the  Western  Balkans  region,  the 
Council underlines the importance of all the countries concerned achieving a visa free regime 
by their own merits. Therefore, the Council welcomes the progress achieved so far and calls 
for the countries in the region to further accelerate and implement reforms to fulfil soon the 
necessary benchmarks." 

The  present  proposal  reflects  the  outcome  of  the  above-mentioned  process:  taking  into 
account  also,  on  the  one  hand,  that  the  Visa  Facilitation  and  Readmission  Agreements  with 
the  countries  concerned  are  implemented  in  a  satisfactory  way  and,  on  the  other  hand,  the 
respective visa and entry refusal rates for their citizens, the Commission proposes to transfer 
from  the  negative  to  the  positive  list  the  former  Yugoslav  Republic  of  Macedonia,  which 
already  meets  all  the  benchmarks,  and  Montenegro  and  Serbia,  which  are  very  close  to 
meeting all the benchmarks, it being understood that by the day of adoption of the proposal by 
the Council, also the latter two indeed should fulfil all benchmarks. 

Next Steps 

In parallel with the examination of its proposal in the EP and the  Council,  the  Commission 
will  continue  to  assess  the  implementation  of  the  open  benchmarks  for  Serbia  and 
Montenegro and it will share its assessment in a timely manner with the EP and the Council. 

For Montenegro, the remaining open benchmarks relate to: 

–  the effective implementation of the Law on foreigners, in force since January 2009; 

–  the  definition  of  a  sustainable  solution  regarding  the  status  of  displaced  persons  and 

internally displaced persons, including access to identity documents; 

–  the  strengthening  of  capacities  in  the  area  of  law  enforcement  and  the  effective 
implementation  of  the  legal  framework  for  the  fight  against  organised  crime  and 
corruption,  including  through  allocation  of  adequate  financial,  human  and  technical 
resources. 

For Serbia, the remaining open benchmarks relate to: 

–  the  improvement  of  cross-border/boundary  surveillance,  which  includes  in  particular  the 

exchange of information with EULEX/Kosovo police  

–  the effective implementation of the Law on Foreigners in force since April 2009 and the 

adoption of the Migration Management Strategy;  

–  the effective implementation of the legal framework for the fight against organised crime 
and corruption, including through allocation of adequate financial and human resources; 

–  the integrity and security of the procedures followed in issuing new biometric passports to 

persons residing in Kosovo. 

Since  1999  Serbia  has  not  had  the  possibility  to  make  on  the  spot  verifications  regarding 
persons residing in Kosovo under UNSCR 1244/99. Regarding the issuance by Serbia of the 
new  biometric  passports  to  persons  residing  in  Kosovo,  given  the  absence  of  a  visa 
liberalisation dialogue, the Commission and the Member States experts were not in a position 
to  verify  (in  particular  through  expert  missions)  the  issuing  of  breeder  documents  and  the 

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integrity and security of the procedures followed by the Serbian authorities for the verification 
of  the  correctness  of  data  submitted  by  persons  residing  in  Kosovo  when  applying  for  new 
Serbian  biometric  passports.  In  order  to  prevent  abuse  of  this  situation  in  applications  for 
biometric passports, the Serbian authorities announced the establishment in July in Belgrade 
of a specific Coordination Directorate (in Serbian: Koordinaciona uprava), solely in charge of 
processing  all  passport  applications  received  from  persons  residing  in  Kosovo  and  persons 
whose  citizenship  certificate  has  been  issued  for  the  territory  of  Kosovo  under  UNSCR 
1244/99. 

Therefore, in view of security concerns regarding in particular potential for illegal migration 
from persons residing in Kosovo and persons whose citizenship certificate has been issued for 
the territory of Kosovo under UNSCR 1244/99 and in the absence of any verification of the 
passport issuing procedures followed by the Serbian authorities for this category of persons, 
the  Commission  considers  that  holders  of  Serbian  passports  issued  by  the  specific 
Coordination  Directorate  (in  Serbian:  Koordinaciona  uprava)  should  be  excluded  from  the 
visa free regime for Serbia. 

For  Albania  and  Bosnia  and  Herzegovina,  the  visa  liberalisation  dialogue  will  continue  and 
the  Commission  will  intensify  its  efforts  to  help  these  countries  meet  the  benchmarks.  The 
Commission  intends  to  propose  transferring  them  to  the  positive  list  as  soon  as  they  have 
fulfilled the necessary benchmarks. 

°  Further  Clarifications  Regarding  Holders  of  Biometric  Passports  and  Visa  Waiver 
Agreements  

The introduction of biometric passports by the Western Balkan countries has been an element 
of fundamental importance for the successful completion of the visa liberalisation dialogues. 
In  this  context,  for  reasons  relating  to  security  and  prevention  of  illegal  migration,  the  visa 
waiver  for  the  citizens  of  the  former  Yugoslav  Republic  of  Macedonia,  Montenegro  and 
Serbia should only apply to those holding the new biometric passports issued by each of these 
countries. 

Taking into account the European vocation of the Western Balkan countries and the fact that 
they have already exempted all EU citizens from the visa requirement, there is no reason to 
condition the implementation of the visa waiver for these three countries on the conclusion of 
visa  waiver  agreements  with  the  EC  (as  was  the  case  for  the  Bahamas  and  the  5  other 
countries transferred from the negative to the positive list in December 2006). 

° Kosovo under UNSCR 1244/99. 

The European Council of 19 and 20 June 2008 emphasised the EU's 'willingness to assist the 
economic and political development of Kosovo through a clear European perspective, in line 
with  the  European  perspective  of  the  region'.  Following  the  declaration  of  independence  by 
the Kosovo Assembly on 17 February 2008, the Council declared Kosovo as constituting a sui 
generis  case  and  left  it  to  EU  Member  States  to  decide  on  their  relations  with  Kosovo  in 
accordance with international law and national practice. To date 22 EU Member States have 
recognised Kosovo as an independent state. 

The version of Council Regulation (EC) No 539/2001 currently in force contains no reference 
to  Kosovo.  At  present  the  Commission  has  not  opened  a  visa  liberalisation  dialogue  with 
Kosovo. Therefore, in line with Article 1(3) of the Regulation (EC) No 539/2001 a reference 
to Kosovo under UNSCR 1244/99 shall be added to Annex 1 of Regulation so that persons 

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residing  in  Kosovo  shall  be  submitted  to  the  visa  requirement.  This  proposal  is  motivated 
exclusively by objectively determined security concerns regarding in particular the potential 
for illegal migration stemming from and transiting through Kosovo under UNSCR 1244/99. 
This is without prejudice to the current status of Kosovo under UNSCR 1244/99. 

2. Legal elements of the proposal 

° Summary of the proposed action 

•  The  proposal  aims  at  transferring  the  former  Yugoslav  Republic  of  Macedonia, 
Montenegro and Serbia from the negative to the positive list, it being understood that the 
latter two should meet all benchmarks of their respective roadmaps by the date of adoption 
of this proposal by the Council. 

•  For  the  reasons  set  out  above,  holders  of  Serbian  passports  issued  by  the  Serbian 

Coordination Directorate shall be excluded from the visa free regime for Serbia.  

•  Bearing in mind that the introduction of new biometric passports  by  the  Western  Balkan 
countries  constitutes  a  fundamental  element  in  the  visa  liberalisation  dialogues,  the  visa 
waiver  for  the  citizens  of  each  of  these  countries  should  only  apply  to  those  who  are 
holders of such biometric passports.  

•  Reflecting  the  current  situation,  the  present  proposal  should  add  Kosovo  under  UNSCR 
1244/99 to the negative list as to date no visa dialogue has been opened with Kosovo.  

° Legal basis 

Regulation (EC) No 539/2001 is based on Article 62(2)(b)(i) of the EC Treaty. The proposal 
amending this Regulation should follow the same legal basis. 

° Proportionality and subsidiarity principles 

In accordance with Article 62(2)(b)(i), Regulation (EC) No 539/2001 lists the third countries 
whose  nationals  must  be  in  possession  of  visas  when  crossing  the  external  borders  (the 
negative list) and those whose national are exempt from that requirement (the positive list). 

The decision to change the lists, to transfer countries from the negative to the positive list or 
vice versa, falls within the exclusive competence of the EC. 

° Choice of instruments 

A Regulation as the instrument to be amended is Regulation (EC) No 539/2001. 

3. Budgetary implication 

The proposed amendment has no implication for the Community budget. 

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2009/0104 (CNS) 

Proposal for a 

COUNCIL REGULATION 

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 Commission12, 

Having regard to the opinion of the European Parliament13, 

Whereas: 

(1) 

The composition of the lists of third countries in Annexes I and II to Regulation (EC) 
No  539/2001  of  15  March  200114  should  be,  and  should  remain,  consistent  with  the 
criteria laid down in recital (5) thereto. Some third countries, for which the situation 
has  changed  as  regards  these  criteria,  should  be  transferred  from  one  Annex  to  the 
other. 

(2)  With  five  Western  Balkan  countries  –  Albania,  Bosnia  and  Herzegovina,  the  former 
Yugoslav  Republic  of  Macedonia,  Montenegro  and  Serbia  –  Visa  Facilitation 
Agreements  entered  into  force  on  1  January  2008,  as  a  first  concrete  step  forward 
along the path set out by the Thessaloniki agenda towards a visa free travel regime for 
the  citizens  of  Western  Balkan  countries.  With  each  of  these  countries,  a  visa 
liberalisation dialogue was opened in 2008 and roadmaps for visa liberalisation have 
been  established.  In  its  assessment  of  the  implementation  of  the  roadmaps  of  May 
2009,  the  Commission  considered  that  the  former  Yugoslav  Republic  of  Macedonia 
has met all the benchmarks set out in its roadmap. Montenegro and Serbia have met 
the large majority of the benchmarks of their respective roadmaps.  

(3) 

For persons residing in Kosovo under UNSCR 1244/99 and persons whose citizenship 
certificate  has  been  issued  for  the  territory  of  Kosovo  under  UNSCR  1244/99,  a 
specific  Coordination  Directorate  in  Belgrade  will  be  in  charge  of  collecting  their 
passport  applications  and  the  issuance  of  passports.  However,  in  view  of  security 
concerns  regarding  in  particular  the  potential  for  illegal  migration  ,  the  holders  of 

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OJ C , , p. . 
OJ C , , p. . 
OJ L 81, 21.3.2001, p. 1.  

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Serbian  passports  issued  by  this  specific  Coordination  Directorate  (in  Serbian  : 
Koordinaciona uprava) should be excluded from the visa free regime for Serbia. 

Therefore  the  former  Yugoslav  Republic  of  Macedonia,  Montenegro  and  Serbia  [the 
latter  two  meeting  all  the  benchmarks  by  the  date  of  adoption  of  the  present 
Regulation], should be transferred to Annex II to Regulation (EC) No 539/2001. This 
visa waiver should only apply to holders of biometric passports issued by each of the 
three countries concerned. 

For  reasons  of  legal  clarity  and  security,  and  in  accordance  with  Article  1(3)  of 
Regulation  (EC)  No  539/2001,  Kosovo  under  UNSCR  1244/99  should  be  added  to 
Annex  I  to  that  Regulation.  This  is  without  prejudice  to  the  status  of  Kosovo  under 
UNSCR 1244/99. 

As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of 
provisions  of  the  Schengen  acquis  within  the  meaning  of  the  Agreement  concluded 
between  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  acquis  which  fall 
within the area referred to in Article 1, point B of Council Decision 1999/437/EC of 
17 May 1999 on certain arrangements for the application of that Agreement15. 

As regards Switzerland, this Regulation constitutes a development of the provisions of 
the  Schengen  acquis  within  the  meaning  of  the  Agreement  concluded  between  the 
European Union,  the  European  Community  and  the  Swiss  Confederation  on  the 
Swiss Confederation's  association  with 
implementation,  application  and 
development  of  the  Schengen  acquis,  which  fall  within  the  area  referred  to  in 
Article 4(1) of Council Decision 2004/860/EC on the signing of the said Agreement16. 

the 

As  regards  Liechtenstein,  this  Regulation  constitutes  a  development  of  provisions  of 
the Schengen acquis within the meaning of the Protocol signed between the European 
Union,  the  European  Community,  the  Swiss  Confederation  and  the  Principality  of 
Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement 
concluded  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  acquis,  which  fall  within  the  area 
referred  to  in  Article  1,  point  B,  of  Decision 1999/437/EC  read  in  conjunction  with 
Article 3 of Council Decision 2008/261/EC of 28 February 2008 on the signing of the 
said Protocol17. 

This Regulation constitutes a development of the provisions of the Schengen acquis in 
which  the  United  Kingdom  is  not  participating,  in  accordance  with  Council 
Decision 2000/365/EC  of  29  May  2000  on  the  request  by  the  United  Kingdom  of 
Great  Britain  and  Northern  Ireland  to  take  part  in  some  of  the  provisions  of  the 
Schengen acquis18. The United Kingdom is therefore not taking part in the adoption of 
this Regulation and is not bound by it or subject to its application. 

15 
16 
17 
18 

OJ L 176, 10.7.1999, p. 31. 
OJ L 370, 17.12.2004, p. 78. 
OJ L 83, 26.3.2008, p. 3. 
OJ L 131, 1.6.2000, p. 43. 

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(10)  This Regulation constitutes a development of the provisions of the Schengen acquis in 
which Ireland is not participating, in accordance with Council Decision 2002/192/EC 
of 28 February 2002 concerning Ireland's request to take part in some of the provisions 
of  the  Schengen  acquis19.  Ireland  is  therefore  not  taking  part  in  the  adoption  of  the 
Regulation and is not bound by it or subject to its application. 

(11)  This Regulation  constitutes provisions building on the Schengen acquis or otherwise 
related  to  it  within  the  meaning  of  Article 3(1)  of  the  2003  Act  of  Accession  and 
within the meaning of Article 4(1) of the 2005 Act of Accession, 

HAS ADOPTED THIS REGULATION: 

Article 1 

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

1) 

Annex I shall be amended as follows: 

in Part 1, the reference to the former Yugoslav Republic of Macedonia, Montenegro 

(a) 
and Serbia shall be deleted; 

(b) 

in Part 2, the following reference shall be inserted:  

"Kosovo under UNSCR 1244/99". 

2) 

In Annex II , Part 1, the following references shall be inserted: 

"the former Yugoslav Republic of Macedonia (*) 

Montenegro (*) 

Serbia [excluding holders of Serbian passports issued by the Serbian Coordination Directorate 
(in Serbian: Koordinaciona uprava) ](*) 

------------------- 

(*) The exemption from the visa requirement only applies to holders of biometric passports". 

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

Article 2 

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

19 

OJ L 64, 7.3.2002, p. 20. 

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Done at Brussels,  

For the Council 
The President 

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