21.3.2001 Official Journal of the European Communities L 81/1 (Acts whose publication is obligatory) 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 ('), Having regard to the opinion of the European Parliament (%), 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. 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 (%). This Regulation constitutes the further development of those provisions in respect of which closer cooperation has been authorised under the Schengen Protocol and () O] C 177 E, 27.6.2000, p. 66. (}) Opinion of 5 July 2000 (not yet published in the Official Journal). ¢) Of L 176, 10.7.1999, p. 1. 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 implementation, application and development of the Schengen acquis (¥). 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 Regula- tion apply neither to Ireland nor to the United Kingdom. The determination of those third countries whose nationals are subject to the visa requirement, and those exempt from it, is governed by a considered, case-by- case assessment of a variety of criteria relating inter alia to illegal immigration, public policy and security, and to the European Union's external relations with third coun- tries, consideration also being given to the implications of regional coherence and reciprocity. Provision should be made for a Community mechanism enabling this principle of reciprocity to be implemented if one of the third countries included in Annex II to this Regulation decides to make the nationals of one or more Member States subject to the visa obligation. As the Agreement on the European Economic Area exempts nationals of Iceland, Liechtenstein and Norway from the visa requirement, these countries are not included in the list in Annex II hereto. % O] L 176, 10.7.1999, p. 31.