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I. INTRODUCTION
Council Regulation (EC) No 539/2001 of 15 March 2001 is at the heart of the common EU
visa policy, listing the third countries whose nationals must be in possession of visas when
crossing the external borders (Annex I to the Regulation) and those whose nationals are
exempt from that requirement
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(Annex II to the Regulation).
The United Kingdom and Ireland are not bound by Council Regulation (EC) No 539/2001.
The reciprocity mechanism and consequently this report covers all other Member States
including those who acceded in 2004 plus Iceland and Norway that are bound by Regulation
(EC) No 539/2001 because of their association with the Schengen acquis.
Council Regulation (EC) No 851/2005 of 2 June 2005 amending Regulation (EC) No
539/2001 includes a new reciprocity mechanism
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aiming at establishing reciprocity through
appropriate measures towards third countries still requiring a visa from Member States
citizens for stays of less than 90 days while the EU Member States concerned do not apply
such visa requirements towards the citizens of these third countries. This new reciprocity
mechanism is being implemented as follows:
– Member States had to notify by 24 July 2005 all existing non reciprocity situations
and these notifications have been published on 11 October in the Official Journal;
– Following this publication, the Commission, in consultation with the Member States,
had to take immediately the necessary steps with the authorities of the third countries
not applying reciprocity, in order to restore visa-free travel;
– Within three months from the publication of the notifications in the Official Journal,
the Commission has to present a report to the Council, possibly accompanied by a
proposal providing for the temporary restoration of the visa requirement for nationals
of the third countries concerned. This report is the subject of this communication.
In addition, a Council and Commission joint declaration (OJ C 172, 12.7.2005, p. 1) refers to
the possibility of taking other provisional measures towards the countries concerned,
particularly in political, economic and commercial fields.
II.
IMPLEMENTATION OF THE NEW RECIPROCITY MECHANISM:
Notifications of non-reciprocity situations existing at the time of entry into force of the new
Regulation (24 June 2005) were made by 18 Member States, namely Austria, Cyprus, Czech
Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Italy, Latvia, Lithuania,
Malta, Poland, Portugal, Slovakia, Slovenia and Sweden. Iceland and Norway also submitted
notifications.
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1
OJ L 81 of 21.3.2001, p.1
2
On the former reciprocity mechanism, see the Commission Staff Working Paper on the reciprocity in
visas (Document JAI-B-1 (2004) 1372, 18.2.2004).
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They informed the Council in accordance with Art (2a) of the Agreement concluded by the Council of
the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s
association with the implementation, application and development of the Schengen acquis that they