Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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 (Kosovo*)
Date: 2016-06-01
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Kosovo, Schengen Agreement, external border of the EU, foreign national

*This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion 
on the Kosovo declaration of independence. 

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   EUROPEAN COMMISSION  Brussels, 1.6.2016  COM(2016) 277 final/2 2016/0139 (COD)   Corrigendum Annule et remplace le document COM(2016) 277 final du 4 mai 2016. Concerne la version anglaise: page 7, ajout d'une note de bas de page.  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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 (Kosovo*)   
 
 
 
 
 
 
 
 
 
 
 
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The European Commission launched a visa liberalisation dialogue with Kosovo on 19 January 
2012. On 14 June 2012, it presented to Kosovo a roadmap, which identified all the legislation 
and  other  measures  that  Kosovo  needed  to  adopt  and  implement  to  advance  towards  visa 
liberalisation.  The  Commission  committed  to  propose  visa-free  travel  for  persons  from 
Kosovo for short stays (i.e. up to 90 days in any 180-day period) in the European Union once 
Kosovo  had  met  all  the  requirements  and  other  measures  set  out  in  the  visa  liberalisation 
roadmap. 

The Commission insisted on sufficient progress in readmission and reintegration as necessary 
elements to be put in place before launching a visa liberalisation dialogue with Kosovo. With 
a  set  of  important  reforms  implemented  since  2011,  Kosovo  made  satisfactory  progress  in 
establishing a functional policy framework for the reintegration of returnees in Kosovo, as it 
had  already  done  in  the  case  of  readmission.  The  Commission  continued  to  monitor  and 
assess, in its regular reports, Kosovo’s progress in enhancing its readmission framework and 
the effective reintegration of returnees. 

The visa liberalisation roadmap contained two sections: Section I addressed readmission and 
reintegration;  Section  II,  four  separate  ‘blocks’  of  the  visa  dialogue.  The  four  blocks  of  the 
visa  roadmap  comprised  specified  requirements  in  document  security;  border/boundary  and 
migration management, including asylum; public order and security; and fundamental rights 
related  to  the  freedom  of  movement.  Kosovo  was  first  requested  to  adopt  or  amend  in  line 
with the EU acquis the legislation set out in the roadmap and then fully implement it. 

The Commission conducted the visa dialogue with Kosovo in reinforced consultation with the 
Council, notably by involving the Council in developing the visa roadmap and with the full 
participation  of  Member  States'  experts  in  assessing  Kosovo’s  progress  in  fulfilling  the 
requirements of the roadmap. 

The  visa  dialogue  with  Kosovo  has  been  conducted  without  prejudice  to  Member  States’ 
position on status.1 

The European  Union Rule of  Law Mission in  Kosovo (EULEX KOSOVO), in  line  with  its 
mandate,2  has  played  an  important  role  in  monitoring,  mentoring  and  advising  Kosovo  on 
adopting and implementing the reforms and fulfilling the requirements set out in the roadmap. 
Effective  cooperation  by  Kosovo  with  EULEX,  including  in  discharging  its  executive 
mandate, has been essential. 

Since  launching  the  visa  dialogue,  the  Commission  has  presented  regular  reports  to  the 
European  Parliament  and  to  the  Council  on  its  assessment  of  Kosovo’s  fulfilment  of  the 
requirements  of  the  roadmap.  These  reports  addressed  requirements  related  both  to 
readmission and reintegration and the different blocks of the visa roadmap. Each report drew 
upon information  provided by Kosovo; assessment  missions undertaken by the Commission 

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2 

The decision on amending Regulation 539/2001 and lifting the EU visa requirement for the persons of 
Kosovo does not affect the individual positions of the Member States on status.  
Council  Decision  2014/349/CFSP  of  12  June  2014  amending  Joint  Action  2008/124/CFSP  on  the 
European Union Rule of Law Mission in Kosovo (), EULEX Kosovo, OJ L 174, 13.6.2014, p. 42. 

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and  Member  States'  experts  to  assess  Kosovo’s  progress  in  the  different  blocks  of  the  visa 
dialogue and data provided by EUROPOL, FRONTEX, EASO and EULEX. 

The  Commission  has  adopted  until  now  three  reports  on  Kosovo’s  progress  in  the  visa 
dialogue — the first one on 8 February 2013,3 the second on 24 July 2014;4 the third on 18 
December 20155, complemented by the fourth one adopted today.6 These reports contained an 
assessment  of  progress  by  Kosovo  in  fulfilling  the  requirements  of  the  visa  roadmap, 
recommendations  addressed  to  Kosovo  and  an  assessment  of  the  potential  migratory  and 
security impacts of visa liberalisation. 

In  its  third  report,  the  Commission  set  out  eight  recommendations  corresponding  to  eight 
outstanding  requirements  of  the  visa  roadmap,  including  four  key  priorities.  It  noted  the 
border/boundary delineation agreement with Montenegro should be ratified by Kosovo before 
visa free status is granted to persons from Kosovo.  

In its report accompanying the present proposal,  the Commission observed that Kosovo had 
taken  important  steps  towards  fulfilling  the  requirement  of  ratifying  its  border/boundary 
agreement with Montenegro and fulfilled sufficient elements of building up its track record in 
the fight against organised crime and corruption. 

Based on this assessment and given the outcome of the continuous monitoring and reporting 
that had been carried out since the launch of the visa liberalisation dialogue with Kosovo, the 
Commission  confirms  that  Kosovo  has  met  the  requirements  of  its  visa  liberalisation 
roadmap  on  the  understanding  that  by  the  day  of  the  adoption  of  this  proposal  by  the 
European  Parliament  and  the  Council,  Kosovo  will  have  ratified  the  border/boundary 
agreement  with  Montenegro  and  strengthened  its  track  record  in  the  fight  against  organised 
crime and corruption.  

Taking account of all the criteria which should be considered when determining on a case-by-
case  basis  the  third  countries  whose  nationals  are  subject  to,  or  exempt  from,  the  visa 
requirement  as  laid  down  in  Article  -1  of  Regulation  (EC)  No  539/2001  (as  introduced  by 
Regulation (EU) No 509/2014), the Commission has decided to present a legislative proposal 
to amend Regulation (EC) No 539/2001, transferring Kosovo from Annex I, Part 2 to Annex 
II,  Part  4  of  this  Regulation.  As  indicated  in  the  roadmap,  this  amendment  only  covers  the 
individuals from Kosovo who are holders of a biometric passport issued in compliance with 
International  Civil  Aviation  Organisation  (ICAO)  standards  and  EU  standards  for  security 
features and biometrics in travel documents7. 

• 

Consistency with existing policy provisions in the policy area 

Council  Regulation  (EC)  No 539/2001  lists  the  third  countries  whose  nationals  must  be  in 
possession of a visa when crossing the external borders of the Member States and those whose 
nationals  are  exempt  from  that  requirement.  Regulation  (EC)  No 539/2001  is  applied  by  all 
Member States – with the exception of Ireland and the United Kingdom – and also by Iceland, 

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7 

COM (2013) 66 final. 
COM(2014) 488 final. 
COM(2015) 906 final, accompanied by SWD(2015) 706 final. 
COM(2016) 276 final. 
In  particular  Council  Regulation  (EC)  No  2252/2004  of  13  December  2004  on  standards  for  security 
features  and  biometrics  in  passports  and  travel  documents  issued  by  Member  States,  OJ  L  385, 
29.12.2004, p. 1.  

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Liechtenstein,  Norway  and  Switzerland.  The  Regulation  is  part  of  the  EU’s  common  visa 
policy for short stays of 90 days in any 180-day period. 

Kosovo  is  currently  listed  in  Annex  I,  Part  2  of  Regulation  (EC)  No 539/2001,  i.e.  among 
those  entities  and  territorial  authorities  that  are  not  recognised  as  states  by  at  least  one 
Member State. Persons from those entities are required to hold a visa when travelling to the 
territory of EU Member States.  
Regulation  (EC)  No  539/2001  was  last  amended  by  Regulation  (EU)  No  259/20148  when 
Moldova  was  transferred  to  the  visa-free  list  after  successfully  implementing  its  Visa 
Liberalisation Action Plan; and by Regulation (EU) No 509/20149 when five Caribbean10 and 
eleven  Pacific  countries11,  as  well  as  Colombia,  Peru  and  the  United  Arab  Emirates  were 
exempted  from  the  visa  requirement  –  subject  to  the  conclusion  of  visa  waiver  agreements 
between the EU and the respective third countries – following a periodical review of the visa 
lists.  On  9  March  2016  and  20  April  2016,  the  Commission  made  proposals  to  amend 
Regulation  (EC)  No  539/2001,  transferring  –  respectively  -  Georgia12  and  Ukraine13  to  the 
visa-free list. 

The criteria which should be taken into account when determining – based on a case-by-case 
assessment  –  the  third  countries  whose  nationals  are  subject  to,  or  exempt  from,  the  visa 
requirement  are  laid  down  in  Article  -1  of  Regulation  (EC)  No 539/2001.  They  include 
“illegal  immigration,  public  policy  and  security,  economic  benefit,  in  particular  in  terms  of 
tourism and foreign trade, and the Union’s external relations with the relevant third countries, 
including in particular, considerations of human rights and fundamental freedoms, as well as 
the implications of regional coherence and reciprocity”14. Particular attention should be paid 
to the security of travel documents issued by the third countries concerned. 

Kosovo has already exempted all EU citizens from the visa requirement for stays of up to 90 
days  within  6  months.  Should  this  decision  be  revoked  or  should  the  visa-free  regime  be 
abused,  the  reciprocity  and  suspension  mechanisms  of  Regulation  (EC)  No  539/2001,  as 
amended by Regulation xxx can be activated. 

• 

Consistency with other Union policies 

On  6  April  2016,  the  Commission  proposed  setting  up  an  EU  Entry/Exit  System  (EES)  to 
strengthen the Schengen area’s external borders15. The main objectives of this proposal are to 

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Regulation (EU) No 259/2014 of the European Parliament and of the Council of 3 April 2014 amending 
Council 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 105, 8.4.2014, p. 9. 
Regulation  (EU)  No  509/2014  of  the  European  Parliament  and  of  the  Council  of  15  May  2014 
amending Council 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 149, 20.5.2014, p. 67. 
Dominica, Grenada, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago. 
Kiribati,  Marshall  Islands,  Micronesia,  Nauru,  Palau,  Samoa,  Solomon  Islands,  Timor-Leste,  Tonga, 
Tuvalu, Vanuatu. 
COM(2016) 142 final. 
COM(2016) 236 final. 
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 requirement. 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  establishing  an  Entry/Exit 
System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing 

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improve  the  quality  of  border  checks  for  third  country  nationals  and  to  ensure  a  systematic 
and reliable identification of overstayers. The future EES will thus be an important element to 
ensure lawful use of the visa-free stays in the Schengen area by third country nationals and to 
contribute to preventing irregular migration of nationals from visa-free countries.  

Furthermore, in its Communication of 6 April 201616, the Commission announced that it will 
assess  the  need,  feasibility  and  proportionality  of  the  establishment  of  an  EU  Travel 
Information and Authorisation System (ETIAS). The Commission has committed to explore 
still in 2016 whether such an alternative layer of control for visa-free nationals is feasible and 
proportional, and will effectively contribute to maintaining and strengthening the security of 
the Schengen area. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

As the proposal will amend the EU's common visa policy, the legal basis for the proposal is 
point  (a)  of  Article  77(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU). 
The proposed regulation will constitute a development of the Schengen acquis. 

• 

Subsidiarity, proportionality and choice of the instrument 

As Regulation (EC) No 539/2001 is a legal act of the EU, it can only be amended by way of 
an equivalent legal act. Member States cannot act individually to achieve the policy objective. 
No other (non-legislative) options to achieve the policy objective are available. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

Regular  discussions  with  Member  States  in  the  Council  Working  Party  on  the  Western 
Balkans  (COWEB),  as  well  as  regular  exchanges  with  the  European  Parliament  on  the  visa 
liberalisation process have taken place. 

• 

Collection and use of expertise 

The  Commission  has  collected  comprehensive  data  on  Kosovo’s  implementation  of  all 
requirements  of  the  visa  liberalisation  roadmap.  The  Commission’s  fourth  report  is 
accompanied  by  a  Commission  staff  working  document  setting  out  the  potential  migratory 
and  security  impacts  of  visa  liberalisation  for  Kosovo,  as  well  as  the  set  of  measures  that 
Kosovo has implemented since December 2015 to prevent an irregular migration crisis.17 

• 

Impact assessment 

In  the  above  staff  working  document,  the  Commission  provided  an  updated  analysis  and 
statistical information on the possible migratory and security impacts of visa liberalisation for 
persons  from  Kosovo,  as  well  as  the  set  of  measures  that  Kosovo  has  implemented  since 

the  external borders of the Member States of the European Union and determining the conditions for 
access to the EES for law enforcement purposes, COM(2016) 194 final. 
Communication from the Commission to the European Parliament and Council, "Stronger and Smarter 
Information Systems for Borders and Security", COM(2016) 205 final. 
SWD(2016) 160 final. 

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December 2015 to prevent an irregular migration crisis, based on input provided by relevant 
EU agencies and other stakeholders. No further impact assessment is necessary. 

• 

Fundamental rights 

This  proposal  has  no  negative  consequences  for  the  protection  of  fundamental  rights  in  the 
European  Union.  The  fulfilment  of  the  benchmarks  of  the  visa  liberalisation  roadmap  will 
improve the protection of human rights in Kosovo.  

4. 

n/a 

5. 

• 

BUDGETARY IMPLICATIONS 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The amended Regulation will be directly applicable from the date of its entry into force and 
will be implemented immediately by Member States. No implementation plan is necessary.  

The  Commission  will  continue  to  actively  monitor  Kosovo’s  process  of  ratifying  its 
border/boundary agreement with  Montenegro and the development  of its track record in  the 
fight against organised crime and corruption.  

The ongoing implementation by Kosovo of all requirements set out in the four blocks of the 
visa  roadmap,  as  well  as  reintegration  and  readmission,  will  be  monitored  in  the  post-visa 
liberalisation  monitoring  mechanism,18  the  Stabilisation  and  Association  Process  and,  if 
necessary,  through  ad  hoc  follow-up  mechanisms.  Kosovo  should  ensure  that  effective 
measures  remain  in  place  to  prevent  abuse  of  the  visa-free  scheme.  Among  others,  Kosovo 
should organise targeted information campaigns aiming to clarify the rights and obligations of 
visa-free travel to the Schengen area and the rules regulating access to the EU labour market. 
The  Commission  will  continue  to  monitor  and  do  its  utmost  to  support  Kosovo  in  the 
continuous fulfilment of the requirements of the visa roadmap. 

• 

Detailed explanation of the specific provisions of the proposal 

Regulation  (EC)  No  539/2001  will  be  amended,  transferring  Kosovo  from  Annex  I,  Part  2 
(visa-required list) to Annex II, Part 4 (visa-free list). A footnote will be added specifying that 
the  visa  exemption  will  be  limited  to  holders  of  biometric  passports  issued  in  line  with  the 
standards of International Civil Aviation Organisation (ICAO) and EU standards for security 
features and biometrics in travel documents (Council Regulation (EC) No 2252/2004).  

18 

Commission Statement on a Monitoring Mechanism of 8 November 2010, 2010/0137 (COD). 

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2016/0139 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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 

(Kosovo*) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular point 
(a) of Article 77(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Council Regulation (EC) No 539/200119 lists the third countries whose nationals must 
be  in  possession  of  a  visa  when  crossing  the  external  borders  of  the  Member States 
and those whose nationals are exempt from that requirement. The composition of the 
lists  of  third  countries  in  Annexes  I  and  II  should  be,  and  should  remain,  consistent 
with the criteria set out therein. References to third countries in respect of which the 
situation has changed as regards those criteria should be transferred from one annex to 
the other, as appropriate. 

The criteria which should be taken into account when determining – based on a case-
by-case  assessment  –  the  third  countries  whose  nationals  are  subject  to,  or  exempt 
from,  the  visa  requirement  are  laid  down  in  Article  -1  of  Regulation  (EC) 
No 539/2001. They include “illegal immigration, public policy and security, economic 
benefit,  in  particular  in  terms  of  tourism  and  foreign  trade,  and  the  Union’s  external 
relations  with  the  relevant  third  countries,  including  in  particular,  considerations  of 
human  rights  and  fundamental  freedoms,  as  well  as  the  implications  of  regional 
coherence and reciprocity”. 

(3) 

[Kosovo has  met the requirements of its visa  liberalisation roadmap. On the basis of 
this assessment and taking account of all the criteria listed in Article -1 of Regulation 

* 

19 

This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and 
the ICJ Opinion on the Kosovo declaration of independence. 
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 requirement, OJ L 81, 21.03.2001, p. 1. 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

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24 

(EC)  No  539/2001,  it  is  appropriate  to  exempt  persons  from  Kosovo  from  the  visa 
requirement when travelling to the territory of the Member States.]  

Kosovo  should  thus  be  transferred  from  Annex  I,  Part  2  to  Regulation  (EC) 
No 539/2001 to Annex II, Part 4 thereof. This visa waiver should apply only to holders 
of biometric passports issued in line with the standards of International Civil Aviation 
Organisation (ICAO) and Council Regulation (EC) No 2252/200420. 

The  visa  exemption  is  dependent  upon  the  continued  implementation  of  the 
requirements  of  the  visa  liberalisation  roadmap.  The  Commission  will  actively 
monitor the implementation of these requirements through the post-visa liberalisation 
mechanism.  The  visa  exemption  may  be  suspended  by  the  EU  in  line  with  the 
suspension mechanism established by Article 1a of Regulation (EC) No 539/2001, as 
amended by Regulation xxx should the conditions set out therein be met. 

This  Regulation  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which  the  United  Kingdom  does  not  take  part,  in  accordance  with  Council  Decision 
2000/365/EC21.  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.  

This  Regulation  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC22. 
Ireland is therefore not taking part in the adoption of this Regulation and is not bound 
by it or subject to its application.  

As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of 
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  acquis,  which  fall  within  the  area 
referred to in point B of Article 1, of Council Decision 1999/437/EC23. 

As regards Switzerland, this Regulation constitutes a development of the provisions of 
the  Schengen  acquis  within  the  meaning  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 acquis, which fall within the area referred to in point B of Article 1, of 
Decision  1999/437/EC,  read  in  conjunction  with  Article  3  of  Council  Decision 
2008/146/EC24. 

Council  Regulation  (EC)  No  2252/2004  of  13  December  2004  on  standards  for  security  features  and 
biometrics in passports and travel documents issued by Member States, OJ L 385, 29.12.2004, p. 1. 
Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great 
Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis, OJ L 131, 
1.6.2000, p. 43. 
Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some 
of the provisions of the Schengen acquis, OJ L 64, 7.3.2002, p. 20. 
Council  Decision  1999/437/EC  of  17  May  1999  on  certain  arrangements  for  the  application  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 acquis, OJ L 176, 10.7.1999, p. 31. 
Council  Decision  2008/146/EC  of  28  January  2008  on  the  conclusion,  on  behalf  of  the  European 
Community, 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 acquis, OJ L 53, 27.2.2008, p. 1. 

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(10)  As regards Liechtenstein, this Regulation constitutes a development of the 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 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 point B of Article 1, of Decision 1999/437/EC read in conjunction with 
Article 3 of Council Decision 2011/350/EU25, 

HAVE ADOPTED THIS REGULATION: 

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

Article 1 

(a) 
in Annex I, Part 2 ("ENTITIES AND TERRITORIAL AUTHORITIES THAT 
ARE NOT RECOGNISED AS STATES BY AT LEAST ONE MEMBER STATE"), 
the  reference  to  Kosovo  as  defined  by  the  United  Nations  Security  Council 
Resolution 1244 of 10 June 1999 is deleted.  

in  Annex  II,  Part  4  ("ENTITIES  AND  TERRITORIAL  AUTHORITIES 
(b) 
THAT  ARE  NOT  RECOGNISED  AS  STATES  BY  AT  LEAST  ONE  MEMBER 
STATE "), the following reference is inserted: 

“Kosovo* (**)” 

______________ 

* 
This designation is without prejudice to positions on status, and is in line with 
UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence  

**  The exemption from the visa requirement is limited to the holders of biometric 
passports issued in line with Council Regulation (EC) No 2252/2004 of 13 December 
2004  on  standards  for  security  features  and  biometrics  in  passports  and  travel 
documents issued by Member States, OJ L 385, 29.12.2004, p. 1. 

This Regulation shall enter into force on the twentieth 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 Treaties. 

25 

Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 
of the Protocol 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 
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,  relating  to  the  abolition  of  checks  at  internal  borders  and  movement  of  persons,  OJ  L  160, 
18.6.2011, p. 19. 

EN 

9 

   EN 

 
 
                                                 
Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

10 

   EN