Annexes to COM(2023)138 - Communication to the EP concerning the Council's position on the proposal for a Regulation on amending Regulation (EC) No 539/2001 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

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agreement reached in the first and only trilogue between the European Parliament, the Council and the Commission held on 14 December 2022. The main points of this agreement reflected in the recitals of the Regulation are the following:

- Kosovo has met the requirements of its roadmap towards a visa-free regime. The exemption from the visa requirement will ensure that the whole Western Balkan region is subject to the same visa regime.

- The exemption from the visa requirement will apply only to holders of biometric passports issued by Kosovo in line with the standards of the International Civil Aviation Organisation (ICAO), and will apply on the date on which the European Travel Information and Authorisation System (ETIAS) starts operations , or from 1 January 2024, whichever date comes first.

- Before the application of the exemption from the visa requirement, it is important that readmission agreements or arrangements, as applicable, be concluded with the Member States that do not yet have such an agreement or arrangement. Once concluded, Kosovo is to fully implement those, while respecting the principle of non-refoulement.

- Kosovo should seek to further align its visa policy with the EU’s list of visa-required third countries, in particular those third countries presenting irregular migration or security risks to the EU.

- The Commission is to actively monitor the implementation of the requirements of the roadmap towards a visa-free regime with Kosovo, and the alignment of visa policy, through the visa suspension mechansim.

The Commission supported the agreement reached at the trilogue, which allowed to move forward on a long-standing proposal of the Commission to include Kosovo in the list of visa free-travel and would therefore result in having the whole Western Balkan region covered by a visa-free regime when travelling to the EU.

4. Conclusion

The Commission accepts the position taken by the Council.


**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.

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