3. 10. 95 Official Journal of the European Communities No L 234/1 (Acts whose publication is obligatory) 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 ('), Having regard to the opinion of the European Parlia- ment (), 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 para- graph 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 deter- mined 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; whereras, 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 2 Member State is a matter that should be deter- mined under Title VI of the Treaty on European Union ; () OJ No C 11, 15. 1. 1994, p. 15. () OJ No C 128, 9. 5. 1994, p. 350. 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 autho- rity 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 neces- sary to take account of diplomatic implications and guide- lines 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 inter- national 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 endeav- our 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 admi- nistered 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 ; whereas for the same reasons that information must also be published in the Official Journal of the European Communities ;