Statewatch article: RefNo# 25031
Common visa list, Regulation, 25.9.95
Statewatch archive
Common visa list, Regulation, 25.9.95
actdoc November=1995

FULL TEXT:

COUNCIL REGULATION (EC) No 2317/95

of 25 September 1995

determining the third countries whose nationals must be in
possession of visas when crossing the external borders of the
Member States

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas Article 100c of the Treaty requires the Council to
determine the third countries whose nationals must be in
possession of a visa when crossing the external borders of the
Member States

Whereas the drawing up of the common list annexed to this
Regulation represents an important step towards the harmonization
of visa policy; whereas the second paragraph of Article 7a of the
Treaty stipulates in particular that the internal market shall
comprise an area without internal frontiers in which the free
movement of persons is ensured in accordance with the Treaty;
whereas other aspects of the harmonization of visa policy,
including the conditions for the issue of visas, are matters to
be determined under Title VI of the Treaty on European Union;

Whereas risks relating to security and illegal immigration should
be given priority consideration when the said common list annexed
hereto is drawn up; whereas, in addition, Member States'
international relations with third countries also play a role

Whereas the principle that a Member State may not require a visa
from a person wishing to cross its external borders if that
person holds a visa issued by another Member State which meets
the harmonized conditions governing the issue of visas and is
valid throughout the Community or if that person holds an
appropriate permit issued by a Member State is a matter that
should be deter-mined under Title VI of the Treaty on European
Union

Whereas this Regulation shall not prevent a Member State from
deciding under what conditions nationals of third countries
lawfully resident within its territory may re-enter it after
having left the territory of the Member .States of the Union
during the period of validity of their permits

Whereas, in special cases justifying an exemption where visa
requirements would in principle exist, Member States may exempt
certain categories of person in keeping with international law
or custom;

Whereas since national rules differ on stateless persons,
recognized refugees and persons who produce passports or travel
documents issued by a territorial entity or authority which is
not recognized as a State by all Member States, Member States may
decide on visa requirements for that group of persons, where that
territorial entity or authority is not on the said common list;

Whereas when adding new entities to the list it is necessary to
take account of diplomatic implications and guidelines adopted
on the matter by the European Union ; whereas, at all events the
inclusion of a third country on the common list is entirely
without prejudice to its international status

Whereas the determination of third countries whose nationals must
be in possession of visas when crossing the external borders of
the Member States should be achieved gradually; whereas Member
States will constantly endeavour to harmonize their visa policies
with regard to third countries not on the common list; whereas
the present provisions must not prejudice the achievement of free
movement for persons as provided for in Article 7a of the Treaty;
whereas the Commission should draw up a progress report on
harmonization after five years

Whereas, with a view to ensuring that the system is administered
openly and that the persons concerned are informed, Member States
must communicate to the other Member States and to the Commission
the measures which they take pursuant to this Regulation ;
wh

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