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Visa requirements for non-EU nationals

Visa requirements for non-EU nationals

 

SUMMARY OF:

Regulation (EU) 2018/1806 — list of non-EU countries whose nationals must be in possession of visas when entering the EU and those whose nationals are exempt from that requirement

WHAT IS THE AIM OF THIS REGULATION?

It lists the countries covered by this legislation and those that are exempt. The regulation repeals and codifies the much-amended Regulation (EC) No 539/2001.

KEY POINTS

The regulation develops from the Schengen Agreement and Convention in which neither the United Kingdom (1) nor Ireland take part, and are therefore not bound by it or subject to its application.

The regulation lists, in its annex:

  • the non-EU countries and territories whose nationals must hold a visa; and
  • those countries and territories whose nationals are exempt from the visa requirements when entering the EU for stays of up to 90 days in any 180-day period.

The regulation also allows for:

  • exceptions: the possibility for EU countries to grant exceptions to the visa requirement for certain categories of persons such as holders of diplomatic or service passports, civilian air and sea crews, school pupils in groups, holders of local traffic permits, and exemptions for recognised refugees and stateless persons who live in the EU and hold a travel document issued by their country of residence;
  • reciprocity: a mechanism allowing reciprocity if any visa-exempt non-EU country decides to impose a visa requirement on any EU country;
  • temporary suspension: a mechanism for the temporary suspension of visa exemptions in an emergency situation such as a substantial increase of migratory or security risk.

Decisions to amend the lists are on a case-by-case basis considering criteria including:

  • illegal immigration, public policy and security;
  • economic benefit, in particular in terms of tourism and foreign trade;
  • the EU’s external relations with the relevant non-EU country, in particular relating to human rights and fundamental freedoms, regional coherence and reciprocity.

FROM WHEN DOES THIS REGULATION APPLY?

It has applied since 18 December 2018. The Regulation (EU) 2018/1806 codifies and replaces Regulation (EC) No 539/2001 and its subsequent amendments.

BACKGROUND

See also:

MAIN DOCUMENT

Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 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 (codification) (OJ L 303, 28.11.2018, pp. 39-58)

RELATED DOCUMENTS

Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 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 acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, pp. 19-20)

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 acquis (OJ L 160, 18.6.2011, pp. 21-36)

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) (OJ L 243, 15.9.2009, pp. 1-58)

Successive amendments to Regulation (EC) No 810/2009 have been incorporated into the original document. This consolidated version is of documentary value only.

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, pp. 1-2)

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, pp. 20-23)

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, 21.3.2001, pp.1-7)

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, pp. 43-47)

See consolidated version.

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, pp. 31-33)

last update 07.03.2019



(1) The United Kingdom withdraws from the European Union and becomes a third country (non-EU country) as of 1 February 2020.

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