Regulation 2012/154 - Amendment of Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code) - Main contents
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Regulation (EU) No 154/2012 of the European Parliament and of the Council of 15 February 2012 amending Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code)| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2012/154 |
| Original proposal | COM(2011)516  |
| CELEX number i | 32012R0154 |
| Document | 15-02-2012 |
|---|---|
| Publication in Official Journal | 29-02-2012; Special edition in Croatian: Chapter 19 Volume 011,OJ L 58, 29.2.2012 |
| Effect | 20-03-2012; Entry into force Date pub. +20 See Art 2 |
| End of validity | 31-12-9999 |
29.2.2012 |
EN |
Official Journal of the European Union |
L 58/3 |
REGULATION (EU) No 154/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 February 2012
amending Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(a) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
It is necessary to clarify the rules on transit through international areas of airports to ensure legal certainty and transparency. |
(2) |
Third-country nationals subject to the airport transit visa requirement pursuant to Article 3(1) and (2) 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) (2), who hold a valid visa issued by a Member State, Canada, Japan or the United States of America or who hold a valid residence permit issued by a Member State, Andorra, Canada, Japan, San Marino or the United States of America, are exempt from the airport transit visa requirement. It should be clarified that this exemption also applies to holders of valid visas or residence permits issued by Member States which did not take part in the adoption of Regulation (EC) No 810/2009 and by the Member States which do not yet apply the provisions of the Schengen acquis in full. |
(3) |
As regards third-country nationals holding a valid visa, the exemption should apply when they travel to the issuing country or to any other third country and when they return from the issuing country after having used the visa. |
(4) |
Since the objective of this Regulation, namely to clarify the rules on transit through international areas of airports, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
(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 (3) which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement (4). |
(6) |
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 (5) which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (6). |
(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... |
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