Considerations on COM(2023)733 - Amendment of Regulation (EU) 2018/1806 as regards holders of Serbian passports issued by the Serbian Coordination Directorate (Koordinaciona uprava)

Please note

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

 
dossier COM(2023)733 - Amendment of Regulation (EU) 2018/1806 as regards holders of Serbian passports issued by the Serbian Coordination ...
document COM(2023)733
date November 16, 2023
 
(1) Regulation (EU) 2018/1806 of the European Parliament and of the Council7 lists the third countries whose nationals are to be in possession of visas when crossing the external borders of the Member States and those whose nationals are exempt from that requirement for stays of no more than 90 days in any 180-day period.

(2) Serbia was transferred to the list of countries whose nationals are exempted from the visa requirement by Council Regulation (EC) No 1244/20098. That Regulation included an exclusion to the visa exemption concerning Kosovo Serbs holders of Serbian passports issued by the Serbian Coordination Directorate (in Serbian: Koordinaciona uprava).

(3) Following the adoption of Regulation (EU) 2023/850 of the European Parliament and of the Council9 transferring Kosovo to Part 4 of Annex II to Regulation (EU) 2018/1806, holders of Serbian passports issued by the Serbian Coordination Directorate would remain the only citizens of the Western Balkan region required to be in possession of a visa for the crossing of Member States’ external borders.

(4) In order to ensure that the whole Western Balkan region is subject to the same visa regime, holders of Serbian passports issued by the Serbian Coordination Directorate should thus be included in the reference to Serbia in Annex II to Regulation (EU) 2018/1806.

(5) 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 latters’ association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point B, of Council Decision 1999/437/EC10.

(6) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed 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 acquis11, which fall within the area referred to in Article 1, points B and C, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC12.

(7) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol 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 acquis13, which fall within the area referred to in Article 1, points B and C, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2011/350/EU14.

(8) This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC15; Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(9) As regards Cyprus, and Bulgaria and Romania, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession and Article 4(1) of the 2005 Act of Accession.