Council Regulation (EC) No 574/1999 of 12 March 1999 determining the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States

COUNCIL REGULATION (EC) No 574/1999 of 12 March 1999 determining the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 100c thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
(1) Whereas Article 100c of the Treaty requires the Council to determine the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States;
(2) Whereas the drawing up of the common list annexed to this Regulation represents an important step towards the harmonisation of visa policy; whereas the second subparagraph of Article 7a of the Treaty stipulates in particular that the internal market shall comprise an area without internal frontiers in which the free movement of, inter alia, persons is ensured in accordance with the Treaty; whereas other aspects of the harmonisation of visa policy, including the conditions for the issue of visas, are matters to be determined within the appropriate framework;
(3) Whereas risks relating to security and illegal immigration should be given priority consideration when the said common list is drawn up; whereas, in addition, Member States' international relations with third countries also play a role;
(4) Whereas the principle that a Member State may not require a visa from a person wishing to cross its external borders if that person holds a visa issued by another Member State which meets the harmonised conditions governing the issue of visas and is valid throughout the Community or if that person holds an appropriate permit issued by a Member State is a matter that should be determined within the appropriate framework;
(5) Whereas this Regulation should not prevent a Member State from deciding under what conditions nationals of third countries lawfully resident within its territory may re-enter it after having left the territory of the Member States of the Union during the period of validity of their permits;
(6) Whereas, in special cases justifying an exemption where visa requirements would in principle exist, Member States may exempt certain categories of person in keeping with international law or custom;
(7) Whereas, since national rules differ on stateless persons, recognised refugees and persons who produce passports or travel documents issued by a territorial entity or authority which is not recognised as a State by all Member States, Member States may decide on visa requirements for that group of persons, where that territorial entity or authority is not on the said common list;
(8) Whereas it is necessary, when new entities are added to the list, to take account of diplomatic implications and guidelines adopted on the matter by the European Union; whereas, at all events, the inclusion of a third country on the common list is entirely without prejudice to its international status;
(9) Whereas the determination of third countries whose nationals must be in possession of visas when crossing the external borders of the Member States should be achieved gradually; whereas Member States will constantly endeavour to harmonise their visa policies with regard to third countries not on the common list; whereas the present provisions must not prejudice the achievement of free movement of persons as provided for in Article 7a of the Treaty; whereas the Commission should draw up a progress report on harmonisation in the first half of the year 2001;
(10) Whereas, with a view to ensuring that the system is administered openly and that the persons concerned are informed, Member States should communicate to the other Member States and to the Commission the measures which they take pursuant to this Regulation; whereas for the same reasons that information must also be published in the Official Journal of the European Communities,