CELEX: 32006R1932
Language: en
Date: 2006-12-21 00:00:00
Title: Council Regulation (EC) No 1932/2006 of 21 December 2006 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

30.12.2006       EN                 Official Journal of the European Union         L 405/23
                          COUNCIL REGULATION (EC) No 1932/2006
                                          of 21 December 2006
                               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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 62(2)(b)(i) thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament,
 ---pagebreak--- L 405/24         EN                 Official Journal of the European Union                   30.12.2006
Whereas:
(1)      The composition of the lists of third countries in Annexes I and II to Regulation (EC)
         No 539/2001 of 15 March 20011 should be, and should remain, consistent with the criteria
         laid down in recital (5) thereto. Some third countries should be transferred from one Annex
         to the other, particularly with regard to illegal immigration and public policy.
(2)      Bolivia should be transferred to Annex I to Regulation (EC) No 539/2001. The date of
         application of the visa requirement for Bolivian nationals should be such as to allow
         Member States to rescind in good time the bilateral agreements with Bolivia and to take all
         the necessary administrative and organisational measures for introducing the visa
         requirement in question.
(3)      Antigua and Barbuda, the Bahamas, Barbados, Mauritius, Saint Kitts and Nevis, and the
         Seychelles should be transferred to Annex II to Regulation (EC) No 539/2001.
         Exemption from the visa requirement for nationals of those countries should not come into
         force before a bilateral agreement on exemption from the visa requirement between the
         European Community and the country in question has been concluded.
1
        OJ L 81, 21.3.2001, p. 1.
 ---pagebreak--- 30.12.2006       EN                Official Journal of the European Union                       L 405/25
(4)      The two Annexes to Regulation (EC) No 539/2001 should be exhaustive. To that end, a
         heading making it possible to determine the visa arrangements to be applied by the
         Member States to categories of persons made subject to the visa requirement by certain
         Member States and exempted therefrom by others should be added to each of the Annexes
         to Regulation (EC) No 539/2001. Various categories of "British" persons who are not
         nationals of the United Kingdom within the meaning of Community law should be added
         to Annex I to Regulation (EC) No 539/2001 and British Nationals (Overseas) should be
         added to Annex II thereto.
(5)       Member States may provide for exemptions from the visa requirement for holders of
         certain passports other than ordinary passports. The designations of these passports require
         clarification. Reference needs also to be made in Regulation (EC) No 539/2001 to the
         procedures applicable where recourse is had to such exemptions.
(6)       Member States may exempt from the visa requirement recognised refugees, all stateless
         persons, both those under the Convention relating to the Status of Stateless Persons of
         28 September 1954 and those outside of the scope of that Convention, and school pupils
         travelling on school excursions where the persons of these categories reside in a
         third country listed in Annex II to Regulation (EC) No 539/2001.
         A full exemption from the visa requirement exists already for these three categories of
         persons residing within the Schengen area when they enter or re-enter that area; a general
         exemption should be introduced for persons of those categories residing in a Member State
         which has not or not yet joined the Schengen area, as far as their entry or re-entry into the
         territory of any other Member State bound by the Schengen acquis is concerned.
 ---pagebreak--- L 405/26         EN                Official Journal of the European Union                     30.12.2006
(7)      Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20
         December 2006 laying down rules on local border traffic at the external land borders of the
         Member States and amending the provisions of the Schengen Convention 1 makes it
         necessary to provide for a new exemption from the visa requirement for holders of a local
         border traffic card.
(8)      The arrangements governing exemptions from the visa requirement should fully reflect
         actual practices. Certain Member States grant exemption from the visa requirement for
         nationals of third countries listed in Annex I to Regulation (EC) No 539/2001 who are
         members of the armed forces travelling on NATO or Partnership for Peace business. For
         reasons of legal certainty, these exemptions, which are based on international obligations
         external to Community law, should nevertheless be referred to in that Regulation.
(9)      Because of the successive amendments to Regulation (EC) No 539/2001, it is necessary to
         improve its structure and make it easier to read, to which end it should be recast at a later
         date.
1
        See this Official Journal.
 ---pagebreak--- 30.12.2006       EN                Official Journal of the European Union                      L 405/27
(10)      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 latter's association with the implementation, application and development
         of the Schengen acquis1, which falls within the area referred to in Article 1(B) of Council
         Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that
         Agreement2.
(11)     The United Kingdom and Ireland are not bound by Regulation (EC) No 539/2001. They
         are therefore not taking part in the adoption of this Regulation and are not bound by or
         subject to the application thereof.
(12)      As regards Switzerland, 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 association of the Swiss
         Confederation with the implementation, application and development of the Schengen
         acquis, which falls within the area referred to in Article 1(B) of Council
         Decision 1999/437/EC, read in conjunction with Article 4(1) of Council
         Decision 2004/860/EC of 25 October 2004 on the signing, on behalf of the European
         Community, and on the provisional application of certain provisions of the Agreement
         between the European Union, the European Community and the Swiss Confederation,
         concerning the Swiss Confederation's association with the implementation, application and
         development of the Schengen acquis3,
1
        OJ L 176, 10.7.1999, p. 36.
2
        OJ L 368, 15.12.2004, p. 26.
3
        OJ L 370, 17.12.2004, p. 78.
 ---pagebreak--- L 405/28         EN                Official Journal of the European Union                    30.12.2006
HAS ADOPTED THIS REGULATION:
                                                 Article 1
Regulation (EC) No 539/2001 is hereby amended as follows:
1)       Article 1 shall be amended as follows:
         (a)   the following subparagraph shall be added to paragraph 1:
               "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 shall be required to be in possession of a
               visa when crossing the external borders of the Member States if the third country in
               which they are resident and which has issued them with their travel document is a
               third country listed in Annex I to this Regulation.";
 ---pagebreak--- 30.12.2006     EN                 Official Journal of the European Union                     L 405/29
         (b) the following subparagraph is added to paragraph 2:
             "The following shall also be exempt from the visa requirement:
             –     the nationals of third countries listed in Annex I to this Regulation who are
                   holders of a local border traffic card issued by the Member States pursuant to
                   Regulation (EC) No 1931/2006 of the European Parliament and of the Council
                   of 20 December 2006 laying down rules on local border traffic at the external
                   land borders of the Member States and amending the provisions of the
                   Schengen Convention* when these holders exercise their right within the
                   context of the Local Border Traffic regime;
             –     school pupils who are nationals of a third country listed in Annex I and who
                   reside in a Member State applying Council Decision 94/795/JHA of
                   30 November 1994 on a joint action adopted by the Council on the basis of
                   Article K.3.2.b of the Treaty on European Union concerning travel facilities for
                   school pupils from third countries resident in a Member State** and are
                   travelling in the context of a school excursion as members of a group of school
                   pupils accompanied by a teacher from the school in question;
             –     recognised refugees and stateless persons and other persons who do not hold
                   the nationality of any country who reside in a Member State and are holders of
                   a travel document issued by that Member State.
             ______________
             *
                   OJ L 405, 20.12.2006.
             **
                   OJ L 327, 19.12.1994, p. 1.";
 ---pagebreak--- L 405/30         EN                 Official Journal of the European Union                     30.12.2006
2)       Article 3 of Regulation (EC) No 539/2001 shall be repealed.
3)       Article 4 shall be amended as follows:
         (a)   paragraph (1)(a) shall be replaced by the following:
               "(a) holders of diplomatic passports, service/official passports or special passports
                     in accordance with one of the procedures laid down in Articles 1(1) and 2(1) of
                     Regulation (EC) No 789/2001 of 24 April 2001 reserving to the Council
                     implementing powers with regard to certain detailed provisions and practical
                     procedures for examining visa applications*.
               ____________
               *
                     OJ L 116, 26.4.2001, p. 2. Regulation as amended by Decision 2004/927/EC
                     (OJ L 396, 31.12.2004, p. 45).";
         (b)   paragraph 2 shall be replaced by the following:
               "2.   A Member State may exempt from the visa requirement:
                     (a)    a school pupil having the nationality of a third country listed in Annex I
                            who resides in a third country listed in Annex II or in Switzerland and
                            Liechtenstein and is travelling in the context of a school excursion as a
                            member of a group of school pupils accompanied by a teacher from the
                            school in question;
                     (b)    recognised refugees and stateless persons if the third country where they
                            reside and which issued their travel document is one of the third
                            countries listed in Annex II;
 ---pagebreak--- 30.12.2006     EN                  Official Journal of the European Union                     L 405/31
                    (c)    members of the armed forces travelling on NATO or Partnership for
                           Peace business and holders of identification and movement orders
                           provided for by the Agreement of 19 June 1951 between the Parties to
                           the North Atlantic Treaty Organisation regarding the status of their
                           forces.";
4)       Annex I shall be amended as follows:
         (a) in Part 1:
             (i)    a reference to Bolivia shall be inserted;
             (ii)   the references to Antigua and Barbuda, the Bahamas, Barbados, Mauritius,
                    Saint Kitts and Nevis, and the Seychelles shall be deleted;
             (iii) the reference to "East Timor" shall be replaced by a reference to
                    "Timor-Leste";
             (iv) the reference to "Federal Republic of Yugoslavia (Serbia-Montenegro)" shall
                    be replaced by references to "Serbia" and to "Montenegro";
             (v)    the reference to "Western Samoa" shall be replaced by a reference to "Samoa";
 ---pagebreak--- L 405/32       EN                Official Journal of the European Union                   30.12.2006
         (b) the following Part shall be added:
             "3.    BRITISH CITIZENS WHO ARE NOT NATIONALS OF THE
                    UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
                    FOR THE PURPOSES OF COMMUNITY LAW:
                    British Overseas Territories Citizens who do not have the right of abode in the
                    United Kingdom
                    British Overseas Citizens
                    British Subjects who do not have the right of abode in the United Kingdom
                    British Protected Persons";
5)       Annex II shall be amended as follows:
         (a) in Part 1:
             (i)    the reference to Bolivia shall be deleted;
 ---pagebreak--- 30.12.2006     EN                Official Journal of the European Union                   L 405/33
             (ii)  the following references shall be inserted:
                   "Antigua and Barbuda*
                   Bahamas*
                   Barbados*
                   Mauritius*
                   Saint Kitts and Nevis*
                   Seychelles*";
             (iii) the following footnote shall be inserted:
                   "*    The exemption from the visa requirement will apply from the date of
                         entry into force of an agreement on visa exemption to be concluded with
                         the European Community.";
             (iv) the reference to "Brunei" shall be replaced by a reference to
                   "Brunei Darussalam";
         (b) the following Part shall be added:
             "3.   BRITISH CITIZENS WHO ARE NOT NATIONALS OF THE UNITED
                   KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE
                   PURPOSES OF COMMUNITY LAW:
                   British Nationals (Overseas)".
 ---pagebreak--- L 405/34         EN                Official Journal of the European Union                     30.12.2006
                                                  Article 2
Member States shall apply the visa requirement for Bolivian nationals with effect from
1 April 2007.
Member States shall apply the exemption from the visa requirement for nationals of Antigua and
Barbuda, the Bahamas, Barbados, Mauritius, Saint Kitts and Nevis and the Seychelles from the date
of entry into force of an agreement on visa exemptions to be concluded by the European
Community with the third country in question.
                                                  Article 3
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 Treaty establishing the European Community.
Done at Brussels, 21 December 2006.
                                                For the Council
                                                The President
                                                J. KORKEAOJA