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B 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, p. 1)
Amended by:
Official Journal
No page date

M1
Council Regulation (EC) No 2414/2001 of 7 December 2001 L 327 1 12.12.2001

M2
Council Regulation (EC) No 453/2003 of 6 March 2003 L 69 10 13.3.2003

M3
Council Regulation (EC) No 851/2005 of 2 June 2005 L 141 3 4.6.2005

M4
Council Regulation (EC) No 1791/2006 of 20 November 2006 L 363 1 20.12.2006

M5
Council Regulation (EC) No 1932/2006 of 21 December 2006 L 405 23 30.12.2006

M6
Council Regulation (EC) No 1244/2009 of 30 November 2009 L 336 1 18.12.2009
Amended by:

A1
Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the European
Union is founded
L 236 33 23.9.2003
Corrected by:

C1
Corrigendum, OJ L 29, 3.2.2007, p. 10 (1932/2006)
2001R0539

EN

19.12.2009

006.001

1
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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 62, point (2)(b)(i) thereof,
Having regard to the proposal from the Commission (
1
),
Having regard to the opinion of the European Parliament (
2
),
Whereas:
(1)
Under Article 62, point (2)(b) of the Treaty, the Council is to
adopt rules relating to visas for intended stays of no more than
three months, and in that context it is required to determine the
list of those third countries whose nationals must be in possession
of visas when crossing the external borders and those whose
nationals are exempt from that requirement. Article 61 cites
those lists among the flanking measures which are directly
linked to the free movement of persons in an area of freedom,
security and justice.
(2)
This Regulation follows on from the Schengen acquis in
accordance with the Protocol integrating it into the framework
of the European Union, hereinafter referred to as the

Schengen
Protocol

. It does not affect Member States' obligations deriving
from the acquis as defined in Annex A to Decision 1999/435/EC
of 20 May 1999 concerning the definition of the Schengen acquis
for the purpose of determining, in conformity with the relevant
provisions of the Treaty establishing the European Community
and the Treaty on European Union, the legal basis for each of the
provisions or decisions which constitute the acquis (
3
).
(3)
This Regulation constitutes the further development of those
provisions in respect of which closer cooperation has been
authorised under the Schengen Protocol and falls within the
area referred to in Article 1, point B, of 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 imple­
mentation, application and development of the Schengen
acquis (
4
).
(4)
Pursuant to Article 1 of the Protocol on the position of the United
Kingdom and Ireland annexed to the Treaty on European Union
and to the Treaty establishing the European Community, Ireland
and the United Kingdom are not participating in the adoption of
this Regulation. Consequently and without prejudice to Article 4
of the aforementioned Protocol, the provisions of this Regulation
apply neither to Ireland nor to the United Kingdom.
(5)
The determination of those third countries whose nationals are
subject to the visa requirement, and those exempt from it, is

B
2001R0539

EN

19.12.2009

006.001

2
(
1
) OJ C 177 E, 27.6.2000, p. 66.
(
2
) Opinion of 5 July 2000 (not yet published in the Official Journal).
(
3
) OJ L 176, 10.7.1999, p. 1.
(
4
) OJ L 176, 10.7.1999, p. 31.
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