Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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, as regards the withdrawal of the United Kingdom from the Union
Date: 2018-11-13
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Schengen Agreement, United Kingdom, external border of the EU, foreign national, third country, withdrawal from the EU

EN 

  EN 

   EUROPEAN COMMISSION  Strasbourg, 13.11.2018  COM(2018) 745 final 2018/0390 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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, as regards the withdrawal of the United Kingdom from the Union   
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  United  Kingdom  of  Great  Britain  and  Northern  Ireland  ("the  United  Kingdom")  will 
withdraw from the European Union on 30 March 2019 (date of withdrawal) and will become 
a  third  country.  Currently,  British  citizens  are  also  Union  citizens.  They  enjoy  the 
fundamental right to move and reside freely within the Union and the right to enter any other 
Member  State  without  any  entry  visa  or  equivalent  formality.  Nationals  of  the  United 
Kingdom who are British citizens1 will enjoy this right until the moment when Union law on 
free  movement  of  Union  citizens  will  cease  to  apply  to  them.  This  will occur  on  30  March 
2019,  unless  a  ratified  Withdrawal  Agreement  pursuant  to  Article  50  of  the  Treaty  on 
European  Union  establishes  another  date  or  the  European  Council,  in  agreement  with  the 
United Kingdom, unanimously establishes another date.. 

Therefore, it will be necessary to determine whether the nationals of the United Kingdom who 
are British citizens will be subject to a visa requirement when crossing the external borders of 
the Member States or whether they will be exempt from that requirement. The determination 
as to whether a third country national is subject to or exempt from a visa requirement is laid 
down in Council Regulation (EC) No 539/20012. Annex I to the Regulation lists the countries 
whose nationals are subject to the visa requirement, and Annex II lists those countries whose 
nationals  are  exempt  from  that  requirement.  For  this  determination,  a  legislative  action  is 
necessary  to  include  the  United  Kingdom  in  one  of  the  Annexes  to  Regulation  (EC)  No 
539/2001 as of the date when Union law ceases to apply to the United Kingdom. 

• 

Consistency with existing policy provisions in the policy area 

Regulation (EC) No 539/2001 is applied by all Member States – with the exception of Ireland 
–  and  by  the  Schengen  Associated  Countries  (Iceland,  Liechtenstein,  Norway  and 
Switzerland). The Regulation is part of the Union's common visa policy for short stays of 90 
days in any 180-day period. The United Kingdom has never been bound by this Regulation. 

As  Ireland  does  not  participate  in  the  Schengen  acquis  on  visas,  the  specific  bilateral 
arrangement  (the  “Common  Travel  Area”)  it  has  with  the  United  Kingdom  and  which 
provides for visa-free travel between Ireland and the United Kingdom by nationals of either 
country, is not affected by Regulation (EC) No 539/2001 or this proposal for an amendment. 

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”. It is also important to pay particular 
attention to the security of travel documents issued by the third country concerned. 

1 

2 

British  nationality  law  distinguishes  six  categories  of  United  Kingdom  (British)  nationals.  British 
citizens are one of these categories and they are currently Union citizens. The other five categories are 
not affected by the current proposal (see section 5). 
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, 21.3.2001, p. 1). 

EN 

1 

  EN 

 
                                                 
The Annexes to Regulation (EC) No 539/2001 were last amended in 2017 by Regulation (EU) 
2017/372 and Regulation (EU) 2017/850, which transferred Georgia and Ukraine from Annex 
I  (visa-required)  to  Annex  II  (visa-free).  The  Commission  also  tabled  two  further  proposals 
regarding Kosovo*3 and Turkey4. Regulation (EC) No 539/2001 is currently being codified5; 
therefore  any  references  to  this  Regulation  in  the  proposal  will  need  to  be  replaced  by 
references  to  the  codified  Regulation  once  it  has  entered  into  force,  which  will  likely  take 
place before the end of 2018. 

• 

Consistency with other Union policies 

Keeping the lists of third countries annexed to Regulation (EC) No 539/2001 complete and up 
to date is a key element to facilitate the crossing of the external borders of the Member States. 
In  its  Communication  on  adapting  the  common  visa  policy  to  new  challenges6,  the 
Commission  underscored that it is  an essential element  for ensuring the  security  and proper 
functioning  of  the  area  without  internal  border  control.  The  same  objectives  are  pursued  by 
the Commission’s proposals to amend the Visa Code (Regulation (EC) No 810/2009)7 and the 
VIS Regulation (Regulation (EC) No 767/2008)8 that are currently being discussed by the co-
legislators. Similarly, the proposed regulation on establishing a framework for interoperability 
between  Union  information  systems9  aims  to  join  up  and  strengthen  in  a  comprehensive 
manner the Union's information tools for border management, migration and security. 
Regulation  (EU)  2017/222610  establishing  an  Entry/Exit  system  (EES)  further  improves  the 
security  and  management  of  the  Union’s  external  borders.  The  main  objectives  of  this 
regulation  are  to  improve  the  quality  of  border  checks  for  third-country  nationals  and  to 
ensure  a  systematic  and  reliable  identification  of  overstayers.  The  future  Entry/Exit  system 
(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. 
Regulation (EU) 2018/124011 establishing a European Travel  Information and Authorisation 
System  (ETIAS)  will  close  the  information  gap  regarding  travellers  exempt  from  the 
requirement of being in possession of a visa when crossing the external borders. The system 
will determine the eligibility of visa-exempt third-country nationals prior to their travel to the 
Schengen area, and whether such travel poses a security, illegal immigration or high epidemic 
risk. 

* 

3 
4 
5 
6 
7 
8 
9 
10 

11 

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. 
COM(2016) 277 final of 4.5.2016. 
COM(2016) 279 final of 4.5.2016. 
COM(2018) 139 final of 14.3.2018. 
COM(2018) 251 final of 14.3.2018. 
COM(2018) 252 final of 14.3.2018. 
COM(2018) 302 final of 16.5.2018. 
COM(2017) 794 final of 12.12.2017. 
Regulation  (EU)  2017/2226  of  the  European  Parliament  and  of  the  Council  of  30  November  2017 
establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-
country nationals crossing the external borders of the Member States and determining the conditions for 
access  to  the  EES  for  law  enforcement  purposes,  and  amending  the  Convention  implementing  the 
Schengen  Agreement  and  Regulations  (EC)  No  767/2008  and  (EU)  No  1077/2011  (OJ  L  327, 
9.12.2017, p. 20). 
Regulation  (EU)  2018/1240  of  the  European  Parliament  and  of  the  Council  of  12  September  2018 
establishing  a  European  Travel  Information  and  Authorisation  System  (ETIAS)  and  amending 
Regulations  (EU)  No  1077/2011,  (EU)  No  515/2014,  (EU)  2016/399,  (EU)  2016/1624  and  (EU) 
2017/2226 (OJ L 236, 19.9.2018, p. 1). 

EN 

2 

  EN 

 
                                                 
2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal  basis is  Article 77(2)(a) of the Treaty  on the Functioning of the European  Union, 
which provides for measures concerning the common policy on visas. 

• 

Subsidiarity, proportionality and choice of instrument 

As the Union has established  a common  visa policy  including  a Regulation listing the visa-
free and the visa-required countries (Regulation (EC) No 539/2001), defining or changing the 
visa status of third countries' nationals can only be achieved by means of a Union legislative 
act  amending  that  Regulation.  Member  States  cannot  act  individually.  No  other  (non-
legislative) options are available to achieve the policy objective. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable. 

• 

Collection and use of expertise 

In assessing the criteria enshrined in Regulation (EC) No 539/2001 for determining whether 
United  Kingdom  nationals  who  are  British  citizens  should  be  visa-required  or  visa-free,  the 
Commission has used a range of data sources. This includes Eurostat data on immigration by 
citizenship, United Nations and United Kingdom Office for National Statistics (ONS) data on 
the number of United Kingdom nationals living in the other 27 Member States of the Union 
(EU-27), passenger surveys on the number of trips made by United Kingdom nationals to the 
EU-2712, industry estimates regarding the spending by travelers from the United Kingdom13, 
and  figures  on  trade  between  the  Union  and  the  United  Kingdom14.  The  close  relationship 
between  the  EU-27  and  the  United  Kingdom  following  the  latter’s  46  years  of  Union 
membership have also been a factor in assessing the criteria. 

• 

Impact assessment 

The  amendment  of  Regulation  (EC)  No  539/2001  is  necessary  as  a  consequence  of  the 
withdrawal  of  the  United  Kingdom  from  the  Union.  Given  the  need  for  timely  action  and 
taking into account  the  conclusions of the analysis below, a full impact assessment was not 
carried out. There are only two policy options: including United Kingdom nationals who are 
British citizens in Annex I (visa-required) of Regulation (EC) No 539/2001, or including them 
in Annex II (visa-free) of the Regulation. 

The Commission has come to the conclusion that United Kingdom nationals who are British 
citizens should be  exempt  from the visa requirement  when  travelling  to  the Union for short 
stays. As Union citizens, United Kingdom nationals who are British citizens currently enjoy 
freedom  of  movement  under  the  Treaties  and  Directive  2004/38/EC15.    They  can  move  and 

12 
13 

14 
15 

ONS, Travelpac: travel to and from the UK. September 2018. 
Centre for Economics and Business Research, The economic importance of UK outbound tourism to the 
EU27 economies. September 2017. 
House of Commons Briefing Paper 7851, Statistics on UK-EU trade. July 2018. 
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of 
citizens  of  the  Union  and  their  family  members  to  move  and  reside  freely  within  the  territory  of  the 
Member  States  amending  Regulation  (EEC)  No  1612/68  and  repealing  Directives  64/221/EEC, 

EN 

3 

  EN 

 
                                                 
 
reside  across  the  Union  without  being  required  to  hold  a  visa.  While  United  Kingdom 
nationals  who  are  British  citizens  will  no  longer  be  Union  citizens  as  of  the  date  of 
withdrawal of the United Kingdom and would not enjoy the free movement of persons once 
Union  law  ceases  to  apply,  it  would  be  beneficial  to  maintain  close  links  between  British 
citizens  and  those  of  the  Union,  as  well  as  to  facilitate  travel  for  business  and  tourism 
purposes. As the United Kingdom is classified as a high-income economy by the World Bank 
and  is  a  member  of  the  OECD,  it  fits  the  profile  of  a  country,  which  would,  in  principle, 
present low risks of irregular migration to the Union. 

The checks on third-country nationals carried out at the external borders, which will apply to 
nationals of the United Kingdom who are British citizens once Union law on free movement 
of  Union  citizens  ceases  to  apply  to  them,  seem  sufficient  to  manage  security  risks. 
Furthermore,  the  United  Kingdom  issues  biometric  passports  that  conform  to  International 
Civil  Aviation  Organisation  standards.  In  addition,    should  any  migratory  or  security  risks 
related to United Kingdom nationals who are British citizens arise that require urgent action 
to suspend visa-free  travel, this  situation can be addressed under the suspension mechanism 
provided for in Article 1a of Regulation (EC) No  539/2001. 

The EU-27 is the United Kingdom's largest trading partner, accounting for 44% of all United 
Kingdom exports  and  54% of United Kingdom imports in 2017.  While the volume of trade 
could decline following the United Kingdom's withdrawal from the Union, the Union and the 
United  Kingdom  are  likely  to  maintain  important  trade  relations  due  to  the  geographical 
proximity  and  the  historically  close  interlinkages  in  their  economies.  Moreover,  there  are 
currently about 800 000 United Kingdom nationals living in the  EU-27 (excluding Ireland)16 
and roughly 50 000 United Kingdom nationals move to the EU-27 every year17. These aspects 
contribute  to  the  high  volume  of  travel  from  the  United  Kingdom  to  the  EU-27:  Overall, 
residents in the United Kingdom undertook 53 million trips to the EU-27 in 2016, whether for 
business, leisure or other purposes, spending about EUR 28 billion while in the other Member 
States.  Imposing  a  visa  requirement  on  United  Kingdom  nationals  who  are  British  citizens 
could diminish the economic benefit for the Union that results from these trips, reduce trade 
relations and harm the economic interest of the Union. 

The  United  Kingdom  is  member  of  the  Council  of  Europe.  The  Union  and  the  United 
Kingdom  attach  similar  importance  to  considerations  of  human  rights  and  fundamental 
freedoms,  as  shown  by  the  United  Kingdom’s  adherence  to  the  European  Convention  on 
Human Rights. The shared values stemming from the joint commitment to democracy and the 
rule of law will continue beyond the withdrawal of the United Kingdom from the Union.  This 
should also be reflected by facilitating travel between the Union and the United Kingdom by 
providing for visa-free status for United Kingdom nationals. 

The United Kingdom government has declared its intention not to require a visa from citizens 
of  the  EU-27  Member  States  for  short  stays  for  purposes  of  tourism  and  business18.  This 

16 
17 
18 

68/360/EEC,  72/194/EEC,  73/148/EEC,  75/34/EEC,  75/35/EEC,  90/364/EEC,  90/365/EEC  and 
93/96/EEC (OJ L 158 30.4.2004, p. 77). 
ONS, Living abroad: British residents living in the EU. April 2018. 
Eurostat, Immigration by age group, sex and citizenship. April 2018. 
HM Government, The future relationship between the United Kingdom and the European Union. July 
2018,  paragraphs  76-78.  The  report  of  the  United  Kingdom's  Migration  Advisory  Committee  did  not 
recommend  introducing  a  visa  requirement  for  short  stays  in  the  United  Kingdom  of  Union  citizens, 
either (Migration Advisory Committee, EEA migration in the UK: Final report. September 2018, policy 
recommendation 30, p. 4). 

EN 

4 

  EN 

 
                                                                                                                                                         
intention will now have to be formalised so that citizens can rely upon it and the colegislators 
should take account of progress on this during the legislative process on the present proposal. 
Should the United Kingdom decide in the future to unilaterally impose a visa requirement on 
all or some Union citizens19, the reciprocity mechanism under Article 1(4) of Regulation (EC) 
No  539/2001  shall  be  activated.  This  would  then  lead  to  the  introduction  of  a  visa 
requirement. 

Citizens  of  most  European  countries  which  are  not  members  of  the  Union  as  well  as  those 
British  nationals  who  are  not  British  citizens  can  currently  travel  visa-free  to  the  Schengen 
area.  Due  to  the  close  proximity  of  the  United  Kingdom  to  the  Union,  considerations  of 
regional coherence also speak in favour of including the United Kingdom on the list of visa-
free countries. 

Any  remaining  risks  related  to  the  visa-free  travel  of  United  Kingdom  nationals  who  are 
British citizens to the Union should be mitigated by the recently adopted measures to improve 
the  Union's  external  border  management,  notably  the  Entry/Exit  system  (EES)  and  the 
European Travel Information and Authorisation System (ETIAS), which will apply to United 
Kingdom  nationals  once  Union  law  on  free  movement  of  Union  citizens  ceases  to  apply  to 
them, as to other visa-free third country nationals.. 

• 

Regulatory fitness and simplification 

Not applicable. 

• 

Fundamental rights 

This  proposal  has  no  negative  consequences  for  the  protection  of  fundamental  rights  in  the 
European  Union.  Enabling  visa-free  travel  by  United  Kingdom  nationals  who  are  British 
citizens to the Union will facilitate travel, for example in the context of the right to family life. 

4. 

BUDGETARY IMPLICATIONS 

Not applicable.  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The amended Regulation will be applicable from the day following that on which Union law 
will cease to apply to the United Kingdom. This will be 30 March 2019, unless the European 
Council, in agreement with the United Kingdom, unanimously establishes another date, or the 
date provided for by a ratified Withdrawal Agreement pursuant to Article 50 of the Treaty on 
European  Union.  The  Regulation  will  be  implemented  directly  by  the  Member  States; 
therefore, no implementation plan is necessary. 

• 

Detailed explanation of the specific provisions of the proposal 

Article 1 amends Regulation (EC) No 539/2001 in three respects: 

– 

19  

EN 

The reference to the United Kingdom will be deleted from point (d) of Article 4(2), 
as this point only applies to Member States that  do not apply the Schengen  acquis. 

In any event, as long as Union law on free movement of Union citizens applies to the United Kingdom, 
the introduction of a visa obligation would be a breach thereof 

5 

  EN 

 
                                                 
– 

– 

Member  States  will  continue  to  be  able  to  exempt  from  the  visa  requirement 
recognised  refugees  and  stateless  persons  and  other  persons  who  do  not  hold  the 
nationality  of  any  country  that  reside  in  the  United  Kingdom  under  point  (b)  of 
Article 4(2). 

The  United  Kingdom  as  regards  British  citizens will  be  inserted  into  Annex  II,  i.e. 
the list of visa-free third countries. 

The title of part 3 of Annex II will be replaced by  “BRITISH NATIONALS WHO 
ARE NOT BRITISH CITIZENS” in order to remove the current reference to Union 
law. The full list of British nationals who are not British citizens will be retained to 
ensure legal certainty. The visa status of these British nationals was first determined 
by Regulation (EC) No 1932/2006, which listed some categories of these nationals in 
Annex I (visa-required) and others in Annex II (visa-free) based on an assessment of 
the criteria listed in Regulation (EC) No 539/200120. Regulation (EU) No 509/2014 
of 15 May 2014 transferred them all to Annex II (visa-free)21. The withdrawal of the 
United  Kingdom  from  the  Union  does  not  affect  the  visa  status  of  these  British 
nationals who are not British citizens. 

Article 3 ensures that the amendments to Regulation (EC) No 539/2001 apply from the day 
following that on which Union law ceases to apply to the United Kingdom, avoiding any legal 
uncertainty  regarding  the  visa-free  status  of  United  Kingdom  nationals  who  are  British 
citizens. 

20 
21 

See COM(2006) 84 final of 13.7.2006 for the full assessment leading to this determination. 
See COM(2012) 650 final of 7.11.2012 for the full assessment leading to this determination. 

EN 

6 

  EN 

 
                                                 
2018/0390 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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, as regards the withdrawal of the 
United Kingdom from the Union 

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 
Article 77(2)(a) 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) 

(3) 

22 

23 

On 29 March 2017, the United Kingdom notified the European Council of its intention 
to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. 
Consequently,  the  United  Kingdom  will  become  a  third  country  and  Union  law  will 
cease  to  apply  to  it  from  30  March  2019,  unless  another  date  is  established  in  a 
withdrawal  agreement,  or  the  European  Council,  in  agreement  with  the  United 
Kingdom, unanimously establishes another date. 

Under  Article  21  of  the  Treaty  on  the  Functioning  of  the  European  Union  and 
Directive 2004/38/EC of the European Parliament and of the Council22 citizens of the 
Union  have  the  right  to  move  and  reside  freely  within  the  territory  of  the  Member 
States,  including  the  right  to  enter  the  Member  States  without  a  visa  or  equivalent 
formalities. 

As  a  consequence  of  the  United  Kingdom’s  withdrawal  from  the  Union,  the  Treaty 
and Directive 2004/38/EC will cease to apply to nationals of the United Kingdom who 
are British citizens and with these also their right to enter the Member States without a 
visa. It is therefore necessary to include the United Kingdom in one of the annexes to 
[Council  Regulation  (EC)  No  539/2001]23.  Annex  I  lists  the  third  countries  whose 

Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of 
citizens  of  the  Union  and  their  family  members  to  move  and  reside  freely  within  the  territory  of  the 
Member  States  amending  Regulation  (EEC)  No  1612/68  and  repealing  Directives  64/221/EEC, 
68/360/EEC,  72/194/EEC,  73/148/EEC,  75/34/EEC,  75/35/EEC,  90/364/EEC,  90/365/EEC  and 
93/96/EEC (OJ L 158, 30.4.2004, p. 77). 
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, 21.3.2001, p. 1), currently subject to codification (see COM(2018) 139 
final of 14.3.2018). Reference to be updated following entry into force of the codified Regulation. 

EN 

7 

  EN 

 
 
                                                 
(4) 

(5) 

(6) 

(7) 

(8) 

nationals must be in possession of visas when crossing the external borders and Annex 
II lists those third countries whose nationals are exempt from that requirement. 

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]24.  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. 

Taking  account  of  all  the  criteria  listed  in  [Article  -1  of  Regulation  (EC)  No 
539/2001]25,  it  is  appropriate  to  exempt  nationals  of  the  United  Kingdom  who  are 
British  citizens  from  the  visa  requirement  when  travelling  to  the  territory  of  the 
Member States. Considering the geographical proximity, the link between economies, 
the  level  of  trade  and  the  extent  of  short-term  movements  of  persons  between  the 
United Kingdom and the Union for business, leisure or other purposes, visa-free travel 
should  facilitate  tourism  and  economic  activity,  thereby  bringing  benefits  to  the 
Union. 

The  United  Kingdom  government  has  stated  its  intention  not  to  require  a  visa  from 
citizens  of  the  EU-27  when  travelling  to  the  United  Kingdom  for  short  stays  for 
business or tourism as from the date on which Union law ceases to apply to the United 
Kingdom. In case the United Kingdom introduces a visa requirement for nationals of 
at  least  one  Member  State  in  the  future,  the  reciprocity  mechanism  provided  for  in 
[Article  1(4)  of  Regulation  (EC)  No  539/2001]26  should  apply.  The  European 
Parliament,  the  Council,  the  Commission  and  the  Member  States  should  act  without 
delay in applying the mechanism. 

The  United  Kingdom  should  thus  be  included  in  Annex  II  to  [Regulation  (EC)  No 
539/2001]27 as regards British citizens. 

As  regards  Iceland  and  the  Kingdom  of  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  acquis28, 
which  fall  within  the  area  referred  to  in  point  B  of  Article  1  of  Council  Decision 
1999/437/EC29. 

(9) 

As regards the Swiss Confederation, 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 Swiss 

24 
25 
26 
27 
28 
29 

See footnote 23. 
See footnote 23. 
See footnote 23. 
See footnote 23. 
OJ L 176, 10.7.1999, p. 36. 
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). 

EN 

8 

  EN 

 
                                                 
Confederation’s association with the implementation, application and development of 
the Schengen acquis30, which fall within the area referred to in points (B) and (C) of 
Article  1  of  Decision  1999/437/EC,  read  in  conjunction  with  Article  3  of  Council 
Decision 2008/146/EC31. 

(10)  As regards the Principality of Liechtenstein, this Regulation constitutes a development 
of the provisions of the Schengen acquis within the meaning 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  acquis32,  which  fall  within  the  area 
referred  to  in  points  (B)  and  (C)  of  Article  1  of  Decision  1999/437/EC,  read  in 
conjunction with Article 3 of Council Decision 2011/350/EU33. 

(11)  This Regulation constitutes a development of the provisions of the Schengen acquis in 
which  the  United  Kingdom  does  not  take  part,  in  accordance  with  Council  Decision 
2000/365/EC34; the United Kingdom is therefore not taking part in its adoption. 

(12)  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/EC35. 
Ireland is therefore not taking part in the adoption of this Regulation and is not bound 
by it or subject to its application. 

(13)  This  Regulation  constitutes  an  act  building  upon,  or  otherwise  relating  to,  the 
Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of 
Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act 
of Accession. 

(14)  This  Regulation  should  enter  into  force  on  30  March  2019,  the  day  of  the  United 

Kingdom’s withdrawal from the Union. 

(15)  This Regulation should apply from the day on which Union law ceases to apply to the 

United Kingdom. 
[Regulation (EC) No 539/2001]36 should therefore be amended, 

(16) 

30 
31 

32 
33 

34 

35 

36 

OJ L 53, 27.2.2008, p. 52. 
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). 
OJ L 160, 18.6.2011, p. 21. 
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). 
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). 
See footnote 23. 

EN 

9 

  EN 

 
                                                 
HAVE ADOPTED THIS REGULATION: 

[Regulation (EC) No 539/2001]37 is amended as follows: 

1. 

In [Article 4(2)] 38, point (d) is replaced by the following: 

Article 1 

“(d) 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  and  other  persons  who  do  not  hold  the 
nationality of any country who reside in Ireland and are holders of a travel document 
issued by Ireland, which is recognised by the Member State concerned.”; 

2. 

3. 

in Part 1 of Annex II,  the following is inserted: 

“United Kingdom (excluding British nationals referred to in Part 3)”; 

the title of Part 3 of Annex II is replaced by the following: 

“BRITISH NATIONALS WHO ARE NOT BRITISH CITIZENS”. 

Article 2 

In  case  the  United  Kingdom  introduces  a  visa  requirement  for  nationals  of  at  least  one 
Member  State  ,  the  reciprocity  mechanism  provided  for  in  [Article  1(4) of  Regulation  (EC) 
No 539/2001]39 shall apply. The European Parliament, the Council, the Commission and the 
Member States shall act without delay in applying the mechanism. 

Article 3 

1. 

This Regulation shall enter into force on 30 March 2019. 

It shall apply from the day following that on which Union law ceases to apply to the 
United Kingdom. 

2. 

This Regulation shall be binding in its entirety and directly applicable in the Member 
States in accordance with the Treaties. 

Done at Strasbourg, 

For the European Parliament 
The President 

For the Council 
The President 

37 
38 
39  

See footnote 23. 
See footnote 23. 
See footnote 23. 

EN 

10 

  EN