Considerations on COM(2016)277 - Amendment of the regulation listing third countries whose nationals require visa and those whose nationals are exempt from that requirement (Kosovo)

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dossier COM(2016)277 - Amendment of the regulation listing third countries whose nationals require visa and those whose nationals are exempt from ...
document COM(2016)277 EN
date April 19, 2023
 
(1)       Council Regulation (EC) No 539/200119 lists the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States and those whose nationals are exempt from that requirement. The composition of the lists of third countries in Annexes I and II should be, and should remain, consistent with the criteria set out therein. References to third countries in respect of which the situation has changed as regards those criteria should be transferred from one annex to the other, as appropriate.

(2)       The criteria which should be taken into account when determining – based on a case-by-case assessment – the third countries whose nationals are subject to, or exempt from, the visa requirement are laid down in Article -1 of Regulation (EC) No 539/2001. They include “illegal immigration, public policy and security, economic benefit, in particular in terms of tourism and foreign trade, and the Union’s external relations with the relevant third countries, including in particular, considerations of human rights and fundamental freedoms, as well as the implications of regional coherence and reciprocity”.

(3)       [Kosovo has met the requirements of its visa liberalisation roadmap. On the basis of this assessment and taking account of all the criteria listed in Article -1 of Regulation

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.

Council Regulation (EC) No 539/2001 of 15 March 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 81, 21.03.2001, p. 1.


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(EC) No 539/2001, it is appropriate to exempt persons from Kosovo from the visa requirement when travelling to the territory of the Member States.]

(4)       Kosovo should thus be transferred from Annex I, Part 2 to Regulation (EC) No 539/2001 to Annex II, Part 4 thereof. This visa waiver should apply only to holders of biometric passports issued in line with the standards of International Civil Aviation Organisation (ICAO) and Council Regulation (EC) No 2252/200420.

(5)       The visa exemption is dependent upon the continued implementation of the requirements of the visa liberalisation roadmap. The Commission will actively monitor the implementation of these requirements through the post-visa liberalisation mechanism. The visa exemption may be suspended by the EU in line with the suspension mechanism established by Article 1a of Regulation (EC) No 539/2001, as amended by Regulation xxx should the conditions set out therein be met.

(6)       This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC21. The United Kingdom is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(7)       This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC22. Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(8)       As regards Iceland and Norway, this Regulation constitutes a development of 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 association of those two States with the implementation, application and development of the Schengen acquis, which fall within the area referred to in point B of Article 1, of Council Decision 1999/437/EC23.

(9)       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, which fall within the area referred to in point B of Article 1, of

Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC24.

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Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and

biometrics in passports and travel documents issued by Member States, OJ L 385, 29.12.2004, p. 1.

Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great

Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis, OJ L 131,

1.6.2000, p. 43.

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.

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.

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.

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(10)     As regards Liechtenstein, this Regulation constitutes a development of the provisions

of the Schengen acquis within the meaning of the Protocol signed 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, which fall within the area referred to in point B of Article 1, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU25.