18.12.2009 Official Journal of the European Union L 336/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 1244/2009 of 30 November 2009 amending Regulation (EC) No 539/2001 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(2)(b)(i) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament ('), Whereas: 1 The composition of the lists of third countries in Annexes 1 and II to Regulation (EC) No 539/2001 (%) should be, and should remain, consistent with the criteria laid down in recital 5 thereto. Some third countries, for which the situation has changed as regards these criteria, should be transferred from one Annex to the other. With five Western Balkan countries — Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro and Serbia — Visa Facilitation Agreements entered into force on 1 January 2008, as a first concrete step forward along the path set out by the Thessaloniki agenda towards a visa-free travel regime for the citizens of Western Balkan countries. With each of these countries, a visa liberalisation dialogue was opened in 2008 and roadmaps for visa liberalisation have been established. In its assessment of the implementation of the roadmaps of May 2009, the Commission considered that the former Yugoslav Republic of Macedonia had met all the benchmarks set out in its roadmap and, in its assessment of November 2009, that Montenegro and Serbia also meet all the benchmarks set out in their respective roadmaps. (") Opinion of 12 November 2009 (not yet published in the Official Journal). () O] L 81, 21.3.2001, p. 1. (3) () ) O] O] Therefore the former Yugoslav Republic of Macedonia, Montenegro and Serbia should be transferred to Annex II to Regulation (EC) No 539/2001. The visa requirement exemption should only apply to holders of biometric passports issued by each of the three countries concerned. For persons residing in Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999 (referred to as Kosovo (UNSCR 1244)) and persons whose citizenship certificate has been issued for the territory of Kosovo (UNSCR 1244), a specific Coordination Directorate in Belgrade will be in charge of collecting their passport applications and the issuance of passports. However, in view of security concerns regarding in particular the potential for illegal migration, the holders of Serbian passports issued by that specific Coordination Directorate should be excluded from the visa-free regime for Serbia. For reasons of legal clarity and security, and in accordance with Article 1(3) of Regulation (EC) No 539/2001, Kosovo (UNSCR 1244) should be added to Annex [ to that Regulation. This is without prejudice to the status of Kosovo (UNSCR 1244). As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded between the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implemen- tation, application and development of the Schengen acquis () 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- cation of that Agreement (¥). L 176, 10.7.1999, p. 36. L 176, 10.7.1999, p. 31.