Regulation (EU) 2024/2495 of the European Parliament and of the Council of 18 September 2024 amending Regulation (EU) 2018/1806 as regards holders of Serbian passports issued by the Serbian Coordination Directorate (Koordinaciona uprava)
Date: 2024-09-18
Institutions: Council of the European Union, European Parliament
Subjects: EU visa policy, Schengen Agreement, Serbia, external border of the EU, foreign national, passport




L_202402495EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/2495


23.9.2024







            REGULATION (EU) 2024/2495 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         
of 18 September 2024
         
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 (1),

Whereas:







(1)


Regulation (EU) 2018/1806 of the European Parliament and of the Council (2) lists the third countries whose nationals are to be in possession of a visa when crossing the external borders of the Member States (the ‘visa requirement’) and those whose nationals are exempt from the visa requirement for stays of no more than 90 days in any 180-day period (the ‘visa exemption’).












(2)


By means of Council Regulation (EC) No 1244/2009 (3), Serbia was transferred to the list of countries whose nationals are exempt from the visa requirement. That Regulation excluded from the visa exemption holders of Serbian passports issued by the Serbian Coordination Directorate (in Serbian: Koordinaciona uprava).












(3)


Following the adoption of Regulation (EU) 2023/850 of the European Parliament and of the Council (4), which transferred Kosovo (*1) from Part 2 of Annex I to Part 4 of Annex II to Regulation (EU) 2018/1806, holders of Serbian passports issued by the Serbian Coordination Directorate remain the only citizens of the Western Balkan region subject to the visa requirement.












(4)


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 be included in the reference to Serbia in Part 1 of Annex II to Regulation (EU) 2018/1806.












(5)


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 (5) which fall within the area referred to in Article 1, point B, of Council Decision 1999/437/EC (6).












(6)


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 (7) 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/EC (8).












(7)


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 acquis (9) 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/EU (10).












(8)


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/EC (11); Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.












(9)


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:



Article 1
In Part 1 of Annex II to Regulation (EU) 2018/1806, the entry ‘Serbia (excluding holders of Serbian passports issued by the Serbian Coordination Directorate (in Serbian: Koordinaciona uprava)) (2)’ is replaced by the following:


                  ‘Serbia (including holders of Serbian passports issued by the Serbian Coordination Directorate (in Serbian: Koordinaciona uprava
 (*2)




Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Strasbourg, 18 September 2024.


For the European Parliament


The President

R. METSOLA
            



For the Council


The President


               BÓKA J.





(1)  Position of the European Parliament of 23 April 2024 (not yet published in the Official Journal) and decision of the Council of 22 July 2024.

(2)  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).

(3)  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).

(4)  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)(OJ L 110, 25.4.2023, p. 1).

(*1)  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.

(5)  
            OJ L 176, 10.7.1999, p. 36.

(6)  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).

(7)  
            OJ L 53, 27.2.2008, p. 52.

(8)  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).

(9)  
            OJ L 160, 18.6.2011, p. 21.

(10)  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).

(11)  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).


ELI: http://data.europa.eu/eli/reg/2024/2495/oj
ISSN 1977-0677 (electronic edition)