Legal provisions of COM(2018)745 - Amending regulation 539/2001 listing the third countries whose nationals need visas and those that do not, as regards the withdrawal of the United Kingdom from the Union

Please note

This page contains a limited version of this dossier in the EU Monitor.


Article 1

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

(1)In Article 6(2), point (d) is replaced by the following:

‘(d)without prejudice to the requirements stemming from the European Agreement on the Abolition of Visas for Refugees of the Council of Europe signed at Strasbourg on 20 April 1959, recognised refugees and stateless persons and other persons who do not hold the nationality of any country who reside in Ireland and are holders of a travel document issued by Ireland, which is recognised by the Member State concerned.’;

(2)in Part 1 of Annex II, the following is inserted:

‘United Kingdom (excluding British nationals as referred to in Part 3)’;

(3)the title of Part 3 of Annex II is replaced by the following:

‘BRITISH NATIONALS WHO ARE NOT BRITISH CITIZENS’;

(4)in Part 3 of Annex II, the following is added after the words ‘British overseas territories citizens (BOTC)’:

‘Those territories include Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar (*1), Montserrat, Pitcairn, Saint Helena, Ascension and Tristan da Cunha, South Georgia and South Sandwich Islands and Turks and Caicos Islands.

(*1)  Gibraltar is a colony of the British Crown. There is a controversy between Spain and the United Kingdom concerning the sovereignty over Gibraltar, a territory for which a solution has to be reached in light of the relevant resolutions and decisions of the General Assembly of the United Nations.’"

Article 2

Where the United Kingdom introduces a visa requirement for nationals of at least one Member State, the reciprocity mechanism provided for in Article 7 of Regulation (EU) 2018/1806 shall apply. The European Parliament, the Council, the Commission and the Member States shall act without delay in applying the reciprocity mechanism.

Article 3

This Regulation shall enter into force on the day following that on which Union law ceases to apply to the United Kingdom.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.