Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2018/1806 as regards Vanuatu
Date: 2024-05-31
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Schengen Agreement, Vanuatu, admission of aliens, external border of the EU, foreign national

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   EUROPEAN COMMISSION  Brussels, 31.5.2024  COM(2024) 365 final 2024/0128 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2018/1806 as regards Vanuatu  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
The Republic of Vanuatu is listed in Annex II to Regulation (EU) 2018/18061 among the third 
countries whose nationals are exempt 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. 

The exemption from the visa requirement for nationals of Vanuatu is applicable since 28 May 
2015, when the Agreement between the European Union and the Republic of Vanuatu on the 
short-stay  visa  waiver  (‘the  Agreement’)2  was  signed  and  started  to  apply  on  a  provisional 
basis in accordance with Article 8(1) of the Agreement. The Agreement entered into force on 
1 April 2017. 

Since 25 May 2015, Vanuatu has been operating investor citizenship schemes allowing visa-
required  third-country  nationals  to  easily  obtain  the  nationality  of  a  visa-free  country,  thus 
enabling them to bypass the Schengen visa procedure and gain visa-free access to the EU. 

The  Commission  has  concluded,  based  on  concrete  information  and  data,  reports  and 
statistics, and its contacts with the authorities of Vanuatu that the investor citizenship schemes 
of Vanuatu, in their current form and operation, undermine the objectives of the Union’s visa 
policy, which provides for a screening of nationals from visa-required third countries against 
the criteria set out in Article 21 of Regulation (EC) No 810/20093 and in equivalent national 
legislation of those Member States where Regulation (EC) No 810/2009 does not yet apply in 
full. The manner in which the said schemes are being implemented risks the circumvention of 
the  Union  short-stay  visa  procedure  and  the  assessment  of  security  and  migratory  risks  it 
entails.  

Pursuant to Article 8(4) of the Agreement,  the Parties can suspend it in  whole or in part, in 
particular, for reasons of public policy or the protection of national security. On that basis, the 
Commission adopted, on 12 January 2022, a proposal  for a Council decision4  on the partial 
suspension of the application of the Agreement between the European Union and the Republic 
of  Vanuatu  on  the  short-stay  visa  waiver.  The  decision  was  adopted  by  the  Council  on  3 
March 20225. The suspension of the Agreement was limited to ordinary passports issued as of 
25 May 2015, when the number of successful applicants under Vanuatu’s investor citizenship 
schemes started to increase significantly. 

Whilst  Council  Decision  (EU)  2022/366  suspended  the  Agreement  between  the  European 
Union and the Republic of Vanuatu on the short-stay visa waiver, it was also necessary for the 

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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). 
Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver (OJ 
L173, 3.7.2015, p. 48). 
Regulation  (EC)  No  810/2009  of  the  European  Parliament  and  of  the  Council  of  13  July  2009 
establishing a Community Code on Visas (Visa Code) (OJ L 243 15.9.2009, p. 1). 
Proposal for a Council Decision on the partial suspension of the application of the Agreement between 
the European Union and the Republic of Vanuatu on the short-stay visa waiver, COM(2022) 6 final. 
Council Decision (EU) 2022/366 of 3 March 2022 on the partial suspension of the application of the 
Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver (OJ 
L 69, 4.3.2022, p. 105). 

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Commission  to  trigger  the  suspension  mechanism  set  out  in  Article  8  of  Regulation  (EU) 
2018/1806.  

Therefore,  in  accordance  with  Articles  8(2)(d),  8(3)  and  8(6)(a)  of  Regulation  (EU) 
2018/1806,  based  on  the  conclusion  that  the  granting  of  citizenship  by  Vanuatu  under  its 
investor citizenship schemes constitutes an increased risk to  the internal  security and public 
policy  of  the  Member  States,  the  Commission  adopted  Implementing  Regulation  (EU) 
2022/6936  on  the  temporary  suspension  of  the  visa  exemption  for  nationals  of  Vanuatu 
holding ordinary passports issued as of 25 May 2015 for a period of nine months, applicable 
from 4 May 2022 to 3 February 2023. 

Following the entry into force of the suspension, and in accordance with Article 8(6)(a), last 
sub-paragraph,  of  Regulation  (EU)  2018/1806,  the  Commission  launched  an  enhanced 
dialogue  with  Vanuatu  with  a  view  to  remedying  the  circumstances  which  gave  rise  to  the 
temporary suspension of the visa exemption. 

During  the  first  nine-month  suspension  period,  the  parties  had  only  one  meeting  of  the 
dialogue, on 12 May 2022. The Commission proposed to Vanuatu to appoint an interlocutor 
and  to  hold  monthly  technical  meetings.  During  that  period,  Vanuatu  did  not  provide  any 
follow-up contacts or information to the Commission.  

Given that the increased risk to the internal security and public policy of the Member States 
had not been remedied during the nine-month period laid down by Implementing Regulation 
(EU)  2022/693  and  in  accordance  with  Article  8(6)(b)  of  Regulation  (EU)  2018/1806,  on  1 
December 2022 the Commission adopted Delegated Regulation (EU) 2023/2227 extending the 
temporary suspension of the visa exemption for 18 months, and expanding its scope to cover 
all nationals of Vanuatu.  

The Delegated Regulation amended Annex II of Regulation (EU) 2018/1806 accordingly, by 
inserting a footnote next to  the  mention  of Vanuatu,  indicating that the exemption  from  the 
visa requirement is suspended for all nationals of Vanuatu from 4 February 2023 to 3 August 
2024. 
In parallel, following a proposal of the Commission8, the Council adopted a Decision on the 
suspension in whole of the application of the Agreement9.  

During this second suspension phase, the Commission continued the dialogue with Vanuatu, 
with  four meetings  held  between  February 2023  and April 2024, and numerous  information 
exchanges  in  writing.  However,  most  of  the  concerns  related  to  the  investor  citizenship 
schemes  operated  by  Vanuatu  that  were  highlighted  by  the  Commission  in  Implementing 
Regulation (EU) 2022/693 persist to date. While Vanuatu has adopted a number of legislative 
changes  in  2023 aimed to address  those concerns, it has failed to  provide satisfactory proof 
that these changes are being duly implemented and are sufficient to mitigate the security risks 
deriving from the operation of its investor citizenship schemes.  

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Commission Implementing Regulation (EU) 2022/693 of 27 April 2022 on the temporary suspension of 
the visa exemption for nationals of Vanuatu (OJ L 129, 3.5.2022, p. 18). 
Commission Delegated Regulation (EU) 2023/222 of 1 December 2022 on the temporary suspension of 
the visa exemption for all nationals of Vanuatu (OJ L 32, 3.2.2023, p. 1–4). 
Proposal  for  a  Council  Decision  on  the  suspension  in  whole  of  the  application  of  the  Agreement 
between  the  European  Union  and  the  Republic  of  Vanuatu  on  the  short-stay  visa  waiver, 
COM/2022/531 final. 
Council Decision (EU) 2022/2198 of 8 November 2022 on the suspension in whole of the application of 
the Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver 
(OJ L 292, 11.11.2022, p. 47–49). 

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In  accordance  with  Article  8(7)  of  Regulation  (EU)  2018/1806,  the  Commission  has 
submitted a report to  the European Parliament and to  the Council10, describing  in  detail  the 
dialogue with Vanuatu and concluding that Vanuatu has not remedied the circumstances that 
led to the suspension. Consequently, pursuant to Article 8(7) of Regulation (EU) 2018/1806, 
the  Commission  considers  that  Regulation  (EU)  2018/1806  should  be  amended  in  order  to 
transfer  the  reference  to  Vanuatu  from  Annex  II  to  Annex  I,  therefore  reintroducing 
permanently the visa requirement for nationals of Vanuatu.  

In accordance with Article 8(6), second sub-paragraph of Regulation (EU) 2018/1806, where 
the  Commission  has  submitted  such  legislative  proposal,  the  period  of  suspension  of  the 
exemption from the visa requirement concerning Vanuatu should be extended by six months, 
and the footnote should be amended accordingly by the adoption of a Commission delegated 
Regulation.  Such  extension  is  necessary  to  maintain  the  suspension  while  allowing  the 
necessary  time  for  the  European  Parliament  and  the  Council  to  examine  and  adopt  the 
Commission proposal11 . 

• 

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.  

• 

Consistency with other Union policies 

This initiative is consistent with the EU border management and security policies, as its main 
objective is to address security risks for the Schengen area. 

In  particular,  the  proposal  aims  to  prevent  possible  abuses  linked  to  visa-free  travel  from 
nationals of a country operating investor citizenship schemes that pose a number of risks for 
the Member States, in terms of public policy and security. 

This  proposal  takes  into  account  the  external  relations  of  the  Union  and  its  Member  States 
with the third country concerned. 

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), which empowers the Union to develop measures concerning 
the common policy on visas and other short-stay residence permits. The proposed amending 
regulation will constitute a development of the Schengen acquis. 

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Report from the Commission to the European Parliament and the Council on the suspension of the visa 
exemption for nationals of Vanuatu, COM(2024)366. 
Commission  Delegated  Regulation  (EU)  …/…  amending  Regulation  (EU)  2018/1806  as  regards  the 
extension of the temporary suspension of the visa exemption for nationals of Vanuatu, C(2024)3650. 

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• 

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  Commission  has  regularly  informed  and  consulted  the  Member  States  in  the  Visa 
Working Party on the dialogue with Vanuatu since the entry into force of the suspension of 
the  visa  exemption.  The  Commission  has  held  numerous  meetings  and  written  exchange  of 
information with the authorities of Vanuatu in the context of the enhanced dialogue during the 
suspension period. 

• 

Impact assessment 

The  analysis  and  supporting  evidence  for  the  policy  choice  of  reintroducing  the  visa 
requirement for nationals of Vanuatu are presented in the Report to the European Parliament 
and the Council accompanying this proposal. As explained above, in  light  of the risk to the 
internal security and public policy of the Member States represented by Vanuatu’s citizenship 
investment  schemes,  the  Commission  considers  that  pursuant  to  Article  8(7)  of  Regulation 
(EU) 2018/1806,  it is  necessary to  submit a proposal  to  transfer Vanuatu  to  the  list  of third 
countries whose nationals require a Schengen visa. Therefore, as there is no  choice between 
alternative  policy  options  and  the  proposal  is  not  likely  to  lead  to  significant  economic, 
environmental,  or  social  impacts  and  does  not  entail  significant  spending,  an  impact 
assessment is not required. 

• 

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 

It is proposed to amend Regulation (EU) 2018/1806 by transferring the reference to Vanuatu 
from Annex II (list of third countries whose nationals are exempt 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)  to  Annex  I  (list  of  third  countries  whose 
nationals are required to be in possession of a visa when crossing the external borders of the 
Member States). 

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2024/0128 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2018/1806 as regards Vanuatu 

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) 

Regulation (EU) 2018/1806 of the European Parliament and of the Council12 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. 

The Republic of Vanuatu is listed in Annex II to Regulation (EU) 2018/1806 among 
the  third  countries  whose  nationals  are  exempt  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.  The  exemption  from  the  visa 
requirement  for  nationals  of  Vanuatu  is  applicable  since  28  May  2015,  when  the 
Agreement  between  the  European  Union  and  the  Republic  of  Vanuatu  on  the  short-
stay visa waiver13 (‘the Agreement’) was signed and started to apply on a provisional 
basis in accordance with Article 8(1) of the  Agreement. The  Agreement entered into 
force on 1 April 2017. 

Since  25  May  2015,  Vanuatu  has  been  operating  investor  citizenship  schemes  by 
means  of  which  third-country  nationals  who  are  otherwise  visa-required  have  the 
possibility to obtain the citizenship of Vanuatu in exchange for investment, therefore 
obtaining visa-free access to the Union.  

As the granting of citizenship by Vanuatu under its investor citizenship schemes  was 
deemed to constitute a circumvention of the Union short-stay visa procedure and the 
assessment of security and migratory risks it entails, as well as an increased risk to the 
internal  security  and  public  policy  of  the  Member  States,  the  Council  adopted,  on  3 

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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, ELI: 
http://data.europa.eu/eli/reg/2018/1806/oj). 
OJ L 173, 3.7.2015, p. 48, ELI: http://data.europa.eu/eli/agree_internation/2015/1035/oj. 

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March  2022,  Decision  (EU)  2022/36614  partially  suspending  the  application  of  the 
Agreement, in accordance with Article 8(4) of that Agreement. The suspension of the 
application  of  the  Agreement  was  limited  to  ordinary  passports  issued  as  of  25  May 
2015, when the number of successful applicants under Vanuatu’s investor citizenship 
schemes started to increase significantly. 

On  27  April  2022,  the  Commission  adopted  Implementing  Regulation  (EU) 
2022/69315 temporary suspending the visa exemption for nationals of Vanuatu from 4 
May  2022  to  3  February  2023,  in  accordance  with  Article  8(6),  point  (a),  of 
Regulation (EU) 2018/1806.  

Following the start of application of the temporary suspension of the visa exemption 
on 4 May 2022, and in accordance with Article 8(6), point (a), third subparagraph, of 
Regulation  (EU)  2018/1806,  the  Commission  started  an  enhanced  dialogue  with 
Vanuatu,  with  a  view  to  remedying  the  circumstances  having  led  to  the  temporary 
suspension of the visa exemption. However, Vanuatu did not engage in a meaningful 
way during this phase of the dialogue.  

Due  to  the  persistence  of  those  circumstances  and  the  absence  of  engagement  of 
Vanuatu to remedy them, the Council as of 4 February 2023 repealed Decision (EU) 
2022/366 and suspended in whole the application of the Agreement by Decision (EU) 
2022/2198.16  

In  accordance  with  Article  8(6),  point  (b),  of  Regulation  (EU)  2018/1806,  on  1 
December  2022,  the  Commission  adopted  Delegated  Regulation  (EU)  2023/222 
temporarily  suspending  the  exemption  from  the  visa  requirement  from  4  February 
2023 to 3 August 2024.17 

Following  the  start  of  application  of  that  Delegated  Regulation,  the  Commission 
continued the dialogue with Vanuatu, with four meetings held between February 2023 
and April 2024, and numerous information exchanges in writing. 

(5) 

(6) 

(7) 

(8) 

(9) 

(10)  Most of the concerns related to the investor citizenship schemes operated by Vanuatu 
that  were  presented  by  the  Commission  in  Implementing  Regulation  (EU)  2022/693 
persist.  While  Vanuatu  adopted  a  number  of  legislative  changes  in  2023  aimed  to 
address  those  concerns,  it  has  failed  to  provide  satisfactory  proof  that  these  changes 
are being implemented and are sufficient to mitigate the security risks of its investor 
citizenship schemes.  

(11)  The  investor  citizenship  schemes  operated  by  Vanuatu  still  do  not  contain  any 
requirement of effective residence or physical presence in Vanuatu for the applicants. 
The  application  process  continues  to  be  managed  by  specialised  agencies  located 

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for  nationals  of  Vanuatu 

Council Decision (EU) 2022/366 of 3 March 2022 on the partial suspension of the application of the 
Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver (OJ 
L 69, 4.3.2022, p. 105, ELI: http://data.europa.eu/eli/dec/2022/366/oj). 
Commission Implementing Regulation (EU) 2022/693 of 27 April 2022 on the temporary suspension of 
the  visa  exemption 
(OJ  L  129,  3.5.2022,  p.  18,  ELI: 
http://data.europa.eu/eli/reg_impl/2022/693/oj). 
Council Decision (EU) 2022/2198 of 8 November 2022 on the suspension in whole of the application of 
the Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver 
(OJ L 292, 11.11.2022, p. 47, ELI: http://data.europa.eu/eli/dec/2022/2198/oj). 
Commission Delegated Regulation (EU) 2023/222 of 1 December 2022 on the temporary suspension of 
(OJ  L  32,  3.2.2023,  p.  1,  ELI: 
the  visa  exemption 
http://data.europa.eu/eli/reg_del/2023/222/oj). 

for  all  nationals  of  Vanuatu 

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outside Vanuatu whereby the applicant does not need to have any direct contact with 
Vanuatu’s authorities. No interviews with the applicant are held during the application 
process.  The  absence  of  a  requirement  for  a  physical  interview  reduces  the 
opportunities  for  the  authorities  of  Vanuatu  to  properly  assess  the  applicant  or  to 
corroborate  the  information  provided  in  the  application,  including  its  veracity  and 
credibility. 

(12)  The  applications  continue  to  be  processed  within  very  short  deadlines.  In  particular, 
the  screening  and  due  diligence  process  of  an  application  takes  maximum  14  days, 
extendable  to  30.  The  rejection  rate  has  continued  to  be  extremely  low,  thus 
corroborating  the  Commission’s  assessment  concerning  the  low  reliability  of  the 
screening process. According to information provided by Vanuatu, in 2022 and 2023, 
Vanuatu has received 1988 applications for citizenship in exchange of investment, out 
of which only 27 have been rejected. 

(13) 

In March 2023, Vanuatu amended its Citizenship Act by replacing the institutions and 
procedures  for  the  screening  and  due  diligence  checks  of  the  applications.  In 
particular, the previous Internal Screening Committee appointed by the Prime Minister 
has  been  replaced  by  three  institutions:  the  Vanuatu  Police  Force,  the  Financial 
Intelligence Unit and the Vanuatu Immigration Services. Those institutions carry out 
the checks, including on Interpol databases, and report to the Secretary General of the 
Citizenship  Commission.  While  on  the  one  hand  this  new  procedure  appears  to 
mitigate  the  risk  of  granting  the  citizenship  to  persons  who  are  listed  in  Interpol 
databases, on the other hand it does not include other necessary elements to properly 
assess the absence of security risks of the applicants. In particular, there is no adequate 
means for the authorities of Vanuatu to verify the veracity of the documents issued by 
the  applicant’s  country  of  origin  or  residence,  including  identity  documents  and 
criminal  records,  since  those  authorities  do  not  exchange  information  with  the 
applicants’ country of origin or residence.  

(14)  The  countries  of  origin  of  successful  applicants  in  2022  and  2023  include  mostly 
countries  whose  nationals  need  a  visa  for  short  stays  in  the  Union.  In  2023,  most 
applications were from  nationals  of China (519) and Russia (237). Contrary to  other 
third  countries  operating  investor  citizenship  schemes,  Vanuatu  has  continued 
accepting  and  processing  applications  from  Russian  nationals  following  Russia’s 
aggression against Ukraine. 

(15)  Before  2021,  persons  who  acquired  the  citizenship  of  Vanuatu  through  an  investor 
citizenship programme could also subsequently apply for a name change in Vanuatu. 
During  the  dialogue,  Vanuatu  informed  the  Commission  that  in  2021  the  relevant 
legislation  was  amended  providing  that  persons  holding  dual  citizenship  could  not 
have  a  change  of  name  registered  in  Vanuatu.  However,  Vanuatu  also  informed  the 
Commission that it does not hold any records of name changes since 2019, so it could 
not  provide  any  information  on  the  number  of  persons  who  acquired  the  citizenship 
through investment and subsequently changed their name, or on any follow-up checks 
on those persons. 

(16)  While Vanuatu informed the Commission that, based on its case law, it is possible to 
revoke  the  citizenship  where  this  has  been  obtained  with  fraud  or  against  the  law,  it 
has  not  provided  information  on  actual  cases  of  revocation  of  citizenship  acquired 
through  the  investor  schemes.  Furthermore,  Vanuatu  has  not  implemented  any 
structural ex-post monitoring mechanism to address the potential security loopholes of 
the more than 10 000 passports issued before the change of legislation and allegedly 

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more  robust  screening  procedure.  In  February  2023,  Vanuatu  established  a 
Commission of enquiry tasked with investigating any alleged wrongdoings committed 
during the operation of the schemes since their establishment. In April 2024, Vanuatu 
informed that the Commission of enquiry’s investigation were still ongoing and that it 
could not provide a certain date on the delivery of its findings. 

(17) 

In accordance with Article 8(7) of Regulation (EU) 2018/1806,  before the end of the 
period  of  validity  of  Delegated  Regulation  (EU)  2023/222,  the  Commission  has 
submitted  a  report  to  the  European  Parliament  and  to  the  Council18,  describing  in 
detail  the  dialogue  with  Vanuatu  and  concluding  that  Vanuatu  has  not  remedied  the 
circumstances that led to the suspension.  

(18)  Regulation (EU) 2018/1806 should therefore be amended by transferring the reference 
to  Vanuatu  from  Annex  II  to  Annex  I  and  reintroducing  permanently  the  visa 
requirement for nationals of Vanuatu. 

(19)  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 acquis19, which fall within the area referred to in Article 
1, point B, of Council Decision 1999/437/EC20. 

(20)  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 acquis21, 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/EC22. 

(21)  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 acquis23, which fall within the area referred to in Article 

18 

19 
20 

21 
22 

23 

Report from the Commission to the European Parliament and the Council on the suspension of the visa 
exemption for nationals of Vanuatu, COM(2024)366. 
OJ L 176, 10.7.1999, p. 36, ELI: http://data.europa.eu/eli/agree_internation/1999/439(1)/oj. 
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 
(OJ  L  176,  10.7.1999,  p.  31, 
the  Schengen  acquis 
ELI: http://data.europa.eu/eli/dec/1999/437/oj). 
OJ L 53, 27.2.2008, p. 52, ELI: http://data.europa.eu/eli/agree_internation/2008/178(1)/oj. 
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 
1, 
ELI: http://data.europa.eu/eli/dec/2008/146/oj). 
OJ L 160, 18.6.2011, p. 21, ELI: http://data.europa.eu/eli/prot/2011/350/oj. 

27.2.2008, 

Schengen 

acquis 

(OJ 

53, 

the 

of 

p. 

L 

EN 

8 

  EN 

 
1,  points  B  and  C,  of  Decision  1999/437/EC,  read  in  conjunction  with  Article  3  of 
Council Decision 2011/350/EU24. 

(22)  This Regulation does not constitute a development of the provisions of the Schengen 
acquis 
in  accordance  with  Council  Decision 
2002/192/EC25. Ireland is therefore not taking part in the adoption of this Regulation 
and is not bound by it or subject to its application. 

in  which  Ireland 

takes  part 

(23)  As  regards  Cyprus,  this  Regulation  constitutes  an  act  building  upon,  or  otherwise 
relating to, the Schengen acquis within the meaning of Article 3(1) of the 2003 Act of 
Accession, 

HAVE ADOPTED THIS REGULATION: 

Regulation (EU) 2018/1806 is amended as follows: 

Article 1 

(1) 

in Annex I, part 1, the following entry is inserted after the entry ‘Uzbekistan’: 

‘Vanuatu’ 

(2) 

in Annex II, part 1, the following entry is deleted:   

‘Vanuatu (*) 

_________ 

*The exemption from the visa requirement for all nationals of Vanuatu is suspended from 4 February 
2023 to 3 February 2025.’ 

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 

24 

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, ELI: http://data.europa.eu/eli/dec/2011/350/oj). 
Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some 
20, 
of 
ELI: http://data.europa.eu/eli/dec/2002/192/oj). 

provisions 

Schengen 

7.3.2002, 

acquis 

(OJ 

64, 

the 

the 

of 

p. 

L 

EN 

9 

  EN