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29.2.2012 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
Regulation does not go beyond what is necessary in
EUROPEAN UNION,
order to achieve that objective.
Having regard to the Treaty on the Functioning of the European
(5) As
regards
Iceland
and
Norway,
this
Regulation
Union, and in particular Article 77(2)(a) thereof,
constitutes a development of the provisions of the
Schengen acquis within the meaning of the Agreement
Having regard to the proposal from the European Commission,
concluded by the Council of the European Union and
the Republic of Iceland and the Kingdom of Norway
concerning the latters’ association with the implemen
After transmission of the draft legislative act to the national
tation, application and development of the Schengen
parliaments,
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 appli
Acting in accordance with the ordinary legislative procedure ( 1 ),
cation of that Agreement ( 4 ).
Whereas:
(6) As
regards
Switzerland,
this
Regulation
constitutes
a
development of the provisions of the Schengen acquis
(1) It
is
necessary
to
clarify
the
rules
on
transit
through
within the meaning of the Agreement between the
international areas of airports to ensure legal certainty
European Union, the European Community and the
and transparency.
Swiss Confederation on the Swiss Confederation’s
association with the implementation, application and
development of the Schengen acquis ( 5 ) which fall
(2) Third-country
nationals
subject
to
the
airport
transit
visa
within the area referred to in Article 1, point B of
requirement pursuant to Article 3(1) and (2) of Regu
Decision 1999/437/EC read in conjunction with
lation (EC) No 810/2009 of the European Parliament
Article 3 of Council Decision 2008/146/EC ( 6 ).
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
(7) As
regards
Liechtenstein,
this
Regulation
constitutes
a
United States of America or who hold a valid residence
development of the provisions of the Schengen acquis
permit issued by a Member State, Andorra, Canada,
within the meaning of the Protocol between the
Japan, San Marino or the United States of America, are
European Union, the European Community, the Swiss
exempt from the airport transit visa requirement. It
Confederation and the Principality of Liechtenstein on
should be clarified that this exemption also applies to
the accession of the Principality of Liechtenstein to the
holders of valid visas or residence permits issued by
Agreement between the European Union, the European
Member States which did not take part in the adoption
Community and the Swiss Confederation on the Swiss
of Regulation (EC) No 810/2009 and by the Member
Confederation’s association with the implementation,
States which do not yet apply the provisions of the
application and development of the Schengen acquis ( 7 )
Schengen acquis in full.
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 2011/350/EU ( 8 ).
(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
(8)
In accordance with Articles 1 and 2 of the Protocol (No
when they return from the issuing country after having
22) on the position of Denmark, annexed to the Treaty
used the visa.
on European Union and to the Treaty on the Functioning
of the European Union, Denmark is not taking part in
the adoption of this Regulation and is not bound by it or
(4) Since
the
objective
of
this
Regulation,
namely
to
clarify
subject to its application. Given that this Regulation
the rules on transit through international areas of
builds upon the Schengen acquis, Denmark shall, in
airports, cannot be sufficiently achieved by the Member
accordance with Article 4 of that Protocol, decide
States and can therefore be better achieved at Union
within a period of 6 months after the Council has
level, the Union may adopt measures, in accordance
decided on this Regulation whether it will implement it
with the principle of subsidiarity as set out in Article 5
in its national law.
of the Treaty on European Union. In accordance with the
principle of proportionality, as set out in that Article, this
( 3 ) OJ L 176, 10.7.1999, p. 36.
( 4 ) OJ L 176, 10.7.1999, p. 31.
( 1 ) Position of the European Parliament of 19 January 2012 (not yet
( 5 ) OJ L 53, 27.2.2008, p. 52.
published in the Official Journal) and decision of the Council of
( 6 ) OJ L 53, 27.2.2008, p. 1.
10 February 2012.
( 7 ) OJ L 160, 18.6.2011, p. 21.
( 2 ) OJ L 243, 15.9.2009, p. 1.
( 8 ) OJ L 160, 18.6.2011, p. 19.

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L 58/4
EN
Official Journal of the European Union
29.2.2012
(9) This
Regulation
constitutes
a
development
of
the HAVE ADOPTED THIS REGULATION:
provisions of the Schengen acquis in which the United
Kingdom does not take part, in accordance with Council
Article 1
Decision 2000/365/EC of 29 May 2000 concerning the
request of the United Kingdom of Great Britain and
In Article 3(5) of Regulation (EC) No 810/2009, points (b) and
Northern Ireland to take part in some of the provisions
(c) are replaced by the following:
of the Schengen acquis ( 1 ); the United Kingdom is
therefore not taking part in its adoption and is not
bound by it or subject to its application.
‘(b) third-country nationals holding a valid residence permit
issued by a Member State which does not take part in
the adoption of this Regulation or by a Member State
(10) This Regulation constitutes a development of the
which does not yet apply the provisions of the Schengen
provisions of the Schengen acquis in which Ireland does
acquis in full, or third-country nationals holding one of
not take part, in accordance with Council Decision
the valid residence permits listed in Annex V issued by
2002/192/EC of 28 February 2002 concerning Ireland’s
Andorra, Canada, Japan, San Marino or the United States
request to take part in some of the provisions of the
of America guaranteeing the holder’s unconditional read
Schengen acquis ( 2 ); Ireland is therefore not taking part
mission;
in its adoption and is not bound by it or subject to its
application.
(c) third-country nationals holding a valid visa for a Member
State which does not take part in the adoption of this
Regulation, for a Member State which does not yet apply
(11) As
regards
Cyprus,
this
Regulation
constitutes
an
act
the provisions of the Schengen acquis in full, or for
building upon or otherwise related to the Schengen
Canada, Japan or the United States of America, when
acquis within the meaning of Article 3(1) of the 2003
travelling to the issuing country or to any other third
Act of Accession.
country, or when, having used the visa, returning from
the issuing country;’.
(12) As regards Bulgaria and Romania, this Regulation
Article 2
constitutes an act building upon or otherwise related to
the Schengen acquis within the meaning of Article 4(1) of
This Regulation shall enter into force on the 20th day following
the 2005 Act of Accession,
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Strassbourg, 15 February 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
N. WAMMEN
( 1 ) OJ L 131, 1.6.2000, p. 43.
( 2 ) OJ L 64, 7.3.2002, p. 20.

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