Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2018/1806 as regards holders of Serbian passports issued by the Serbian Coordination Directorate (Koordinaciona uprava)
Date: 2023-11-16
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Schengen Agreement, Serbia, external border of the EU, foreign national, passport

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   EUROPEAN COMMISSION  Brussels, 16.11.2023  COM(2023) 733 final 2023/0418 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2018/1806 as regards holders of Serbian passports issued by the Serbian Coordination Directorate (Koordinaciona uprava)  
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
Regulation  (EC)  No  1244/2009  of  30  November  20091  amended  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  requirement2. 
The  change  consisted  in  the  transfer  of  the  former  Yugoslav  Republic  of  Macedonia 
(currently  North  Macedonia),  Montenegro  and  Serbia  from  Annex  I  (countries  whose 
nationals are required to be in possession of a visa) to Annex II (countries whose nationals are 
exempt from that visa requirement for stays of no more than 90 days in a 180-day period) to 
Regulation  (EC)  No  539/2001.  The  exemption  from  visa  requirement  applied  (and  still 
applies) only to holders of biometric passports. 

In view of concerns at the time about risks of irregular migration movements originating from  
Kosovo* and the fact that no visa liberalisation dialogue was then in place with Kosovo, one 
category of holders of Serbian passports was excluded from the visa requirement exemption, 
namely the holders of passports issued by the Serbian Coordination Directorate in Belgrade. 
This  directorate  processes  all  passport  applications  received  from  Kosovo  Serbs  residing  in 
Kosovo and the Kosovo Serb diaspora living outside Kosovo.  

The Serbian Coordination Directorate was established during the visa liberalisation dialogue 
with Serbia. The aim was to replace the seven regional Police Directorates scattered over the 
Serbian territory, which had been responsible for issuing passports to Kosovo Serbs until then. 
The  passports  issued  by  the  Serbian  Coordination  Directorate  are  biometric  and  have  been 
used  by  their  holders  as  travel  documents  for  the  purpose  of  traveling  to  the  EU  since  the 
Directorate was established. 

In 2009, Kosovo was included in part 2 of Annex I to Regulation (EC) No 539/2001, entailing 
that holders of passports issued by Kosovo were required to be in possession of a visa when 
crossing the external borders of the Member States. Since then, the situation has evolved. The 
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. 
This dialogue was successfully concluded, and on that basis, on 4 May 2016, the Commission 
presented a proposal3 to transfer Kosovo to Annex II of Regulation (EC) No 539/2001. 

This proposal was finally agreed and adopted on 19 April 2023. Regulation (EU) 2023/8504 
amended Regulation (EU) 2018/18065 (that in the meantime had replaced Regulation (EC) No 

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Council Regulation (EC) No 1244/2009 of 30 November 2009 amending Regulation (EC) No 539/2001 
listing  the  third  countries  whose  nationals  must  be  in  possession  of  visas  when  crossing  the  external 
borders and those whose nationals are exempt from that requirement (OJ L 336, 18.12.2009, p. 1–3). 
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. 1–7). 
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/2016/0277 final. 
Regulation (EU) 2023/850 of the European Parliament and of the Council of 19 April 2023 amending 
Regulation (EU) 2018/1806 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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539/2001),  by  transferring  Kosovo  from  Part  2  of  Annex  I  to  Part  4  of  Annex  II  to  that 
Regulation. As in the case of all previous successfully concluded visa liberalisation dialogues, 
it was decided that the exemption from the visa requirement should apply only to holders of 
biometric passports. Furthermore, it was decided that the exemption should not apply until the 
date  from  which  the  European  Travel  Information  and  Authorisation  System  (ETIAS), 
established by Regulation (EU) 2018/1240  of the European Parliament  and of the Council6, 
starts  operations  or  until  1  January  2024,  whichever  date  comes  first.  Due  to  the  fact  that 
ETIAS  will  not  enter  into  operation  before  1  January  2024,  the  visa  exemption  for  Kosovo 
passport holders will apply as from 1 January 2024.   

Following the adoption of Regulation (EU) 2023/850, holders of Serbian passports issued by 
the Serbian  Coordination Directorate  would  remain  the only  citizens  in the Western Balkan 
region required to be in possession of a visa when travelling to the EU for short stays.  

With the entry into force of the visa exemption for Kosovo passport holders, the Commission 
considers that the reasons behind the exclusion of holders of Serbian passports issued by the 
Serbian  Coordination  Directorate  from  that  visa  exemption  no  longer  exist,  and  that  all 
citizens  of  the  Western  Balkan  region  should  benefit  from  visa-free  travel  to  the  Schengen 
area.  For  this  reason,  the  Commission  proposes  to  amend  Regulation  (EU)  2018/1806  to 
exempt holders of Serbian passports issued by the Serbian Coordination Directorate from the 
requirement to be in possession of a visa when crossing the external borders of the Member 
States for stays of no more than 90 days in any 180-day period. 

• 

Consistency with existing policy provisions in the policy area 

Regulation (EU) 2018/1806 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 (EU) 2018/1806 is applied by all Member States – 
with  the  exception  of  Ireland.  It  is  also  applied  by  Iceland,  Liechtenstein,  Norway  and 
Switzerland. The Regulation is part of the EU’s common visa policy for short stays of up to 
90 days in any 180-day period.  

Since the launching of the first visa liberalisation dialogues in 2008, there has been an overall 
objective  to  grant  the  whole  Western  Balkan  region  visa-free  access  to  the  Schengen  area. 
Visa requirements for Montenegro, North Macedonia and Serbia were abolished in 2009, for  
Albania  and  Bosnia  and  Herzegovina  in  2010  and  for  Kosovo  in  2023.  In  this  context, 
removing the exclusion from the visa exemption concerning the holders of Serbian passports 
issued by the Serbian Coordination Directorate would ensure that the whole Western Balkan 
region is subject to the same visa regime. 

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(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.)) (OJ L 110, 25.4.2023, p. 
1–4). 
Regulation  (EU)  2018/1806  of  the  European  Parliament  and  of  the  Council  of  14  November  2018 
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 303 28.11.2018, p. 39). 
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. 1–71). 

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• 

Consistency with other Union policies 

The  proposed  inclusion  of  holders  of  Serbian  passports  issued  by  the  Serbian  Coordination 
Directorate  within  the  exemption  from  the  visa  requirement  concerning  Serbia  is  consistent 
with the EU efforts to accelerate the integration of the Western Balkan region into the EU. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

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  

The  necessary  amendment  to  Regulation  (EU)  No  2018/1806  is  to  be  done  by  means  of  a 
regulation.  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 

The  current  situation  of  exclusion  of  Kosovo  Serbs  from  the  visa-free  regime  has  been 
discussed with Serbia and Kosovo. 

• 

Impact assessment 

No impact assessment was deemed necessary for this proposal.     

• 

Fundamental rights 

This  proposal  has  no  negative  consequences  for  the  protection  of  fundamental  rights  in  the 
European Union. 

4. 

BUDGETARY IMPLICATIONS 

This proposal has no budgetary implications. 

5. 

• 

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. 

• 

Detailed explanation of the specific provisions of the proposal 

Annex II to the Regulation 2018/1806 will be amended, by including the holders of Serbian 
passports issued by the Serbian Coordination Directorate (in Serbian: Koordinaciona uprava)’ 
within the reference to Serbia.  

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2023/0418 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2018/1806 as regards holders of Serbian passports issued by 
the Serbian Coordination Directorate (Koordinaciona uprava) 

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), point (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) 

(4) 

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Regulation (EU) 2018/1806 of the European Parliament and of the Council7 lists the 
third  countries  whose  nationals  are  to  be  in  possession  of  visas  when  crossing  the 
external borders of the Member States and those whose nationals are exempt from that 
requirement for stays of no more than 90 days in any 180-day period. 

Serbia was transferred to the list of countries whose nationals are exempted from the 
visa  requirement  by  Council  Regulation  (EC)  No  1244/20098.  That  Regulation 
included  an  exclusion  to  the  visa  exemption  concerning  Kosovo  Serbs  holders  of 
Serbian  passports  issued  by  the  Serbian  Coordination  Directorate  (in  Serbian: 
Koordinaciona uprava). 

Following the adoption of Regulation (EU) 2023/850 of the European Parliament and 
of  the  Council9  transferring  Kosovo  to  Part  4  of  Annex  II  to  Regulation  (EU) 
2018/1806,  holders  of  Serbian  passports  issued  by  the  Serbian  Coordination 
Directorate  would remain the only citizens of the Western Balkan region required to 
be in possession of a visa for the crossing of Member States’ external borders.  

In  order  to  ensure  that  the  whole  Western  Balkan  region  is  subject  to  the  same  visa 
regime,  holders  of  Serbian  passports  issued  by  the  Serbian  Coordination  Directorate 
should  thus  be  included  in  the  reference  to  Serbia  in  Annex  II  to  Regulation  (EU) 
2018/1806. 

Regulation  (EU)  2018/1806  of  the  European  Parliament  and  of  the  Council  of  14  November  2018 
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 303 28.11.2018, p. 39). 
Council Regulation (EC) No 1244/2009 of 30 November 2009 amending Regulation (EC) No 539/2001 
listing  the  third  countries  whose  nationals  must  be  in  possession  of  visas  when  crossing  the  external 
borders and those whose nationals are exempt from that requirement (OJ L 336, 18.12.2009, p. 1–3). 
Regulation (EU) 2023/850 of the European Parliament and of the Council of 19 April 2023 amending 
Regulation (EU) 2018/1806 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  (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.)) (OJ L 110, 25.4.2023, p. 
1–4). 

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(5) 

(6) 

(7) 

(8) 

(9) 

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As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of  the 
provisions of the Schengen acquis within the meaning of the Agreement concluded by 
the Council of the European Union and the Republic of Iceland and the Kingdom of 
Norway  concerning  the  latters’  association  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/EC10. 

As regards Switzerland, this Regulation constitutes a development of the provisions of 
the  Schengen  acquis  within  the  meaning  of  the  Agreement  signed  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 acquis11, which fall within the area referred to in Article 1, points B and 
C, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 
2008/146/EC12. 

As regards 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 acquis13, which fall within the area referred to in Article 
1,  points  B  and  C,  of  Decision  1999/437/EC,  read  in  conjunction  with  Article  3  of 
Council Decision 2011/350/EU14. 

This Regulation constitutes a development of the provisions of the Schengen acquis in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC15; 
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  Cyprus,  and  Bulgaria  and  Romania,  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 and Article 4(1) of the 2005 Act 
of Accession, 

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). 
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 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). 

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HAVE ADOPTED THIS REGULATION: 

In part 1 of Annex II to Regulation (EU) 2018/1806: 

Article 1 

‘Serbia  (excluding  holders  of  Serbian  passports  issued  by  the  Serbian  Coordination 
Directorate (in Serbian: Koordinaciona uprava)) (7)’ 

is replaced by 

‘Serbia  (including  holders  of  Serbian  passports  issued  by  the  Serbian  Coordination 
Directorate (in Serbian: Koordinaciona uprava)) (*)’ 

(*)  The  exemption  from  the  visa  requirement  shall  only  apply  to  holders  of  biometric 
passports  issued  in  line  with  the  standards  of  the  International  Civil  Aviation  Organisation 
(ICAO). 

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. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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