Article 1 
1. Nationals of third countries on the list in Annex I shall be required to be in possession of a visa when crossing the external borders of the Member States. 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. 2. Nationals of third countries on the list in Annex II shall be exempt from the requirement set out in paragraph 1 for stays of no more than three months in all. 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 ( 5 ) 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 ( 6 ) 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. 3. Nationals of new third countries formerly part of countries on the lists in Annexes I and II shall be subject respectively to the provisions of paragraphs 1 and 2 unless and until the Council decides otherwise under the procedure laid down in the relevant provision of the Treaty. 4. Where a third country listed in Annex II introduces a visa requirement for nationals of a Member State, the following provisions shall apply: (a) within 90 days of such introduction, or its announcement, the Member State concerned shall notify the Council and the Commission in writing; the notification shall be published in the C series of the Official Journal of the European Union . The notification shall specify the date of implementation of the measure and the type of travel documents and visas concerned. If the third country decides to lift the visa obligation before the expiry of this deadline, the notification becomes superfluous; (a) within 90 days of such introduction, or its announcement, the Member State concerned shall notify the Council and the Commission in writing; the notification shall be published in the C series of the Official Journal of the European Union . The notification shall specify the date of implementation of the measure and the type of travel documents and visas concerned. If the third country decides to lift the visa obligation before the expiry of this deadline, the notification becomes superfluous; (b) the Commission shall immediately after publication of that notification and in consultation with the Member State concerned, take steps with the authorities of the third country in order to restore visa-free travel; (c) within 90 days after publication of that notification, the Commission, in consultation with the Member State concerned, shall report to the Council. The report may be accompanied by a proposal providing for the temporary restoration of the visa requirement for nationals of the third country in question. The Commission may also present this proposal after deliberations in Council on its report. The Council shall act on such proposal by a qualified majority within three months; (d) if it considers it necessary, the Commission may present a proposal for the temporary restoration of the visa requirement for nationals of the third country referred to in subparagraph (c) without a prior report. The procedure provided for in subparagraph (c) shall apply to that proposal. The Member State concerned may state whether it wishes the Commission to refrain from the temporary restoration of such visa requirement without a prior report; (e) the procedure referred to in subparagraphs (c) and (d) does not affect the Commission’s right to present a proposal amending this Regulation in order to transfer the third country concerned to Annex I. Where a temporary measure as referred to in subparagraphs (c) and (d) has been decided, the proposal amending this Regulation shall be presented by the Commission at the latest nine months after the entry into force of the temporary measure. Such a proposal shall also include provisions for lifting of temporary measures, which may have been introduced pursuant to the procedures referred to in subparagraphs (c) and (d). In the meantime the Commission will continue its efforts in order to induce the authorities of the third country in question to reinstall visa-free travel for the nationals of the Member State concerned; (f) where the third country in question abolishes the visa requirement, the Member State shall immediately notify the Council and the Commission to that effect. The notification shall be published in the C series of the Official Journal of the European Union . Any temporary measure decided upon under subparagraph (d) shall terminate seven days after the publication in the Official Journal. In case the third country in question has introduced a visa requirement for nationals of two or more Member States the termination of the temporary measure will only terminate after the last publication. 5. As long as visa exemption reciprocity continues not to exist with any third country listed in Annex II in relation to any of the Member States, the Commission shall report to the European Parliament and the Council before the 1 July of every even-numbered year on the situation of non-reciprocity and shall, if necessary, submit appropriate proposals.
Amendment rationale: EXPLANATORY MEMORANDUM 1. General context and grounds for the proposal In accordance with Article 62 (2) (b) (i) of the Treaty Establishing the European Community, the Council adopted Council Regulation (EC) No 539/2001[1] listing the third countries whose nationals must be in possession of visas when crossing the external borders (the so-called negative list, Annex I) and those whose nationals are exempt from that requirement (the so-called positive list, Annex II). Article 61 of the EC Treaty cited those lists among the flanking measures which are directly linked to the free movement of persons in an area of freedom, security and justice. The relevant legal basis is now Article 77 (2) (a) of the Treaty on the Functioning of the European Union (TFEU). The determination of those third countries whose nationals are subject to the visa requirement, and those exempt from it, is governed by a considered, case-by-case assessment of a variety of criteria relating inter alia to illegal immigration, public policy and security, and to the European Union's external relations with third countries, consideration also being given to the implications of regional coherence and reciprocity. In view of the criteria of public order and illegal immigration, particular attention should also be paid to the security of travel documents issued by the third countries concerned. As the criteria set out in Regulation (EC) No 539/2001 can evolve over time in relation to third countries, the composition of the negative and positive lists should be reviewed at regular intervals. In the Stockholm Programme adopted in December 2009 the European Council specifically requested the Commission to keep the lists of third countries whose nationals are or are not subject to a visa requirement under regular review in accordance with appropriate criteria relating to illegal immigration, public policy and security, while taking account of the Unions internal and external policy objectives. Hence, Regulation (EC) No 539/2001 has been amended eight times[2], since it was adopted, most recently in 2010 with regard to the transfer of Taiwan to the positive list and also to the outcome of visa liberalisation dialogues by transferring Albania and Bosnia and Herzegovina to the positive visa list. The European Parliament and the Council are negotiating a number of amendments to the provisions of Regulation (EC) No 539/2001 proposed by the Commission[3]: to introduce a visa safeguard clause temporarily suspending the visa waiver for a third country on the positive list in the event of an emergency situation; to strengthen legal certainty by providing rules for certain situations not yet covered by the Regulation; and to adjust provisions in the light of the recent changes brought by the Lisbon Treaty and secondary legislation, for instance the Visa Code (Council Regulation (EC) No 810/2009).[4] The lists annexed to Regulation (EC) No 539/2001 need to be regularly reassessed in general in the light of the appropriate, above mentioned criteria defined in the Regulation. This review of the lists annexed to the Regulation therefore aims to ensure that: · the composition of the lists of third countries complies with the criteria set out in recital 5 of the Regulation, in particular the illegal immigration and public policy criteria and the transfer of countries from one annex to another as appropriate; · in accordance with Article 77 (2) (a) of the TFEU, the Regulation determines exhaustively whether a third-country national is to be subject to, or exempt from, the visa requirement.
Revised version (Article 1 ):
1. Nationals of third countries on the list in Annex I shall be required to be in possession of a visa when crossing the external borders of the Member States. 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. Nationals of third countries on the list in Annex II shall be exempt from the requirement set out in paragraph 1 for stays of no more than 90 days in any 180-day period. 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 ( 5 ) 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 ( 6 ) 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. 3. Nationals of new third countries formerly part of countries on the lists in Annexes I and II shall be subject respectively to the provisions of paragraphs 1 and 2 unless and until the Council decides otherwise under the procedure laid down in the relevant provision of the Treaty. 4. Where a third country listed in Annex II introduces a visa requirement for nationals of a Member State, the following provisions shall apply: (a) within 90 days of such introduction, or its announcement, the Member State concerned shall notify the Council and the Commission in writing; the notification shall be published in the C series of the Official Journal of the European Union . The notification shall specify the date of implementation of the measure and the type of travel documents and visas concerned. If the third country decides to lift the visa obligation before the expiry of this deadline, the notification becomes superfluous; (a) within 90 days of such introduction, or its announcement, the Member State concerned shall notify the Council and the Commission in writing; the notification shall be published in the C series of the Official Journal of the European Union . The notification shall specify the date of implementation of the measure and the type of travel documents and visas concerned. If the third country decides to lift the visa obligation before the expiry of this deadline, the notification becomes superfluous; (b) the Commission shall immediately after publication of that notification and in consultation with the Member State concerned, take steps with the authorities of the third country in order to restore visa-free travel; (c) within 90 days after publication of that notification, the Commission, in consultation with the Member State concerned, shall report to the Council. The report may be accompanied by a proposal providing for the temporary restoration of the visa requirement for nationals of the third country in question. The Commission may also present this proposal after deliberations in Council on its report. The Council shall act on such proposal by a qualified majority within three months; (d) if it considers it necessary, the Commission may present a proposal for the temporary restoration of the visa requirement for nationals of the third country referred to in subparagraph (c) without a prior report. The procedure provided for in subparagraph (c) shall apply to that proposal. The Member State concerned may state whether it wishes the Commission to refrain from the temporary restoration of such visa requirement without a prior report; (e) the procedure referred to in subparagraphs (c) and (d) does not affect the Commission’s right to present a proposal amending this Regulation in order to transfer the third country concerned to Annex I. Where a temporary measure as referred to in subparagraphs (c) and (d) has been decided, the proposal amending this Regulation shall be presented by the Commission at the latest nine months after the entry into force of the temporary measure. Such a proposal shall also include provisions for lifting of temporary measures, which may have been introduced pursuant to the procedures referred to in subparagraphs (c) and (d). In the meantime the Commission will continue its efforts in order to induce the authorities of the third country in question to reinstall visa-free travel for the nationals of the Member State concerned; (f) where the third country in question abolishes the visa requirement, the Member State shall immediately notify the Council and the Commission to that effect. The notification shall be published in the C series of the Official Journal of the European Union . Any temporary measure decided upon under subparagraph (d) shall terminate seven days after the publication in the Official Journal. In case the third country in question has introduced a visa requirement for nationals of two or more Member States the termination of the temporary measure will only terminate after the last publication. 5. As long as visa exemption reciprocity continues not to exist with any third country listed in Annex II in relation to any of the Member States, the Commission shall report to the European Parliament and the Council before the 1 July of every even-numbered year on the situation of non-reciprocity and shall, if necessary, submit appropriate proposals.
Article 2 
For the purposes of this Regulation, ‘visa’ shall mean an authorisation issued by a Member State or a decision taken by such State which is required with a view to: — entry for an intended stay in that Member State or in several Member States of no more than three months in total, — entry for transit through the territory of that Member State or several Member States, except for transit at an airport.
Amendment rationale: EXPLANATORY MEMORANDUM 1. General context and grounds for the proposal In accordance with Article 62 (2) (b) (i) of the Treaty Establishing the European Community, the Council adopted Council Regulation (EC) No 539/2001[1] listing the third countries whose nationals must be in possession of visas when crossing the external borders (the so-called negative list, Annex I) and those whose nationals are exempt from that requirement (the so-called positive list, Annex II). Article 61 of the EC Treaty cited those lists among the flanking measures which are directly linked to the free movement of persons in an area of freedom, security and justice. The relevant legal basis is now Article 77 (2) (a) of the Treaty on the Functioning of the European Union (TFEU). The determination of those third countries whose nationals are subject to the visa requirement, and those exempt from it, is governed by a considered, case-by-case assessment of a variety of criteria relating inter alia to illegal immigration, public policy and security, and to the European Union's external relations with third countries, consideration also being given to the implications of regional coherence and reciprocity. In view of the criteria of public order and illegal immigration, particular attention should also be paid to the security of travel documents issued by the third countries concerned. As the criteria set out in Regulation (EC) No 539/2001 can evolve over time in relation to third countries, the composition of the negative and positive lists should be reviewed at regular intervals. In the Stockholm Programme adopted in December 2009 the European Council specifically requested the Commission to keep the lists of third countries whose nationals are or are not subject to a visa requirement under regular review in accordance with appropriate criteria relating to illegal immigration, public policy and security, while taking account of the Unions internal and external policy objectives. Hence, Regulation (EC) No 539/2001 has been amended eight times[2], since it was adopted, most recently in 2010 with regard to the transfer of Taiwan to the positive list and also to the outcome of visa liberalisation dialogues by transferring Albania and Bosnia and Herzegovina to the positive visa list. The European Parliament and the Council are negotiating a number of amendments to the provisions of Regulation (EC) No 539/2001 proposed by the Commission[3]: to introduce a visa safeguard clause temporarily suspending the visa waiver for a third country on the positive list in the event of an emergency situation; to strengthen legal certainty by providing rules for certain situations not yet covered by the Regulation; and to adjust provisions in the light of the recent changes brought by the Lisbon Treaty and secondary legislation, for instance the Visa Code (Council Regulation (EC) No 810/2009).[4] The lists annexed to Regulation (EC) No 539/2001 need to be regularly reassessed in general in the light of the appropriate, above mentioned criteria defined in the Regulation. This review of the lists annexed to the Regulation therefore aims to ensure that: · the composition of the lists of third countries complies with the criteria set out in recital 5 of the Regulation, in particular the illegal immigration and public policy criteria and the transfer of countries from one annex to another as appropriate; · in accordance with Article 77 (2) (a) of the TFEU, the Regulation determines exhaustively whether a third-country national is to be subject to, or exempt from, the visa requirement.
Revised version (Article 2 ):
For the purposes of this Regulation, ‘visa’ means a visa as defined in Article 2(2)(a) of 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) ( 7 ).
Article 4 
1. A Member State may provide for exceptions from the visa requirement provided for by Article 1(1) or from the exemption from the visa requirement provided for by Article 1(2) as regards: (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 ( 7 ). (b) civilian air and sea crew; (c) the flight crew and attendants on emergency or rescue flights and other helpers in the event of disaster or accident; (d) the civilian crew of ships navigating in international waters; (e) the holders of laissez-passer issued by some intergovernmental international organisations to their officials. 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; (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. 3. A Member State may provide for exceptions from the exemption from the visa requirement provided for in Article 1(2) as regards persons carrying out a paid activity during their stay.
Article 5 
1. Within 10 working days of the entry into force of this Regulation, Member States shall communicate to the other Member States and the Commission the measures they have taken pursuant to Article 3, second indent and Article 4. Any further changes to those measures shall be similarly communicated within five working days. 2. The Commission shall publish the measures communicated pursuant to paragraph 1 in the Official Journal of the European Communities for information.
Article 6 
This Regulation shall not affect the competence of Member States with regard to the recognition of States and territorial units and passports, travel and identity documents issued by their authorities.
Article 7 
1. Council Regulation (EC) No 574/1999 ( 8 ) shall be replaced by this Regulation. 2. The final versions of the Common Consular Instruction (CCI) and of the Common Manual (CM), as they result from the Decision of the Schengen Executive Committee of 28 April 1999 (SCH/Com-ex(99) 13) shall be amended as follows: 1. the heading of Annex 1, part I of the CCI and of Annex 5, part I of the CM, shall be replaced by the following: ‘Common list of third countries the nationals of which are subject to the visa requirement imposed by Regulation (EC) No 539/2001’ 2. the list in Annex 1, part I of the CCI and in Annex 5, part I of the CM shall be replaced by the list in Annex I to this Regulation; 3. the heading of Annex 1, part II of the CCI and of Annex 5, part II of the CM shall be replaced by the following: ‘Common list of third countries the nationals of which are exempted from the visa requirement by Regulation (EC) No 539/2001’; 4. the list in Annex 1, part II of the CCI and in Annex 5, part II of the CM shall be replaced by the list in Annex II to this Regulation; 5. part III of Annex 1 to the CCI and part III of Annex 5 of the CM shall be deleted. 3. The decisions of the Schengen Executive Committee of 15 December 1997 (SCH/Com-ex(97)32) and of 16 December 1998 (SCH/Com-ex(98)53, rev.2) shall be repealed.
Article 8 
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities . This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.