8.4.2014 Official Journal of the European Union L 105/9 REGULATION (EU) No 259/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 3 April 2014 amending Council 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 EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(a) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Acting in accordance with the ordinary legislative procedure (1), Whereas: (1) The composition of the lists of third countries in Annexes I and II to Council Regulation (EC) No 539/2001 (?) should be, and should remain, consistent with the criteria laid down therein. Third countries for which the situation has changed as regards these criteria should be transferred from one Annex to the other. (2)  In line with the Joint Declaration approved at the Prague Eastern Partnership Summit on 7 May 2009, and the completion by the Republic of Moldova of its Visa Liberalisation Action Plan, the Commission considers that the Republic of Moldova meets all the benchmarks set out in the Visa Liberalisation Action Plan. (3)  Meeting all the benchmarks, the Republic of Moldova should be transferred to Annex II to Regulation (EC) No 539/2001. That visa waiver should apply to holders of biometric passports issued by the Republic of Moldova in line with standards of the International Civil Aviation Organisation (ICAO). (4)  As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (*), which falls within the area referred to in Article 1, point (B) of Council Decision 1999/437EC (*). (5)  As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confed- eration on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (°), which fall within the area referred to in Article 1, points (B) and (C) of Decision 1999/437EC read in conjunction with Article 3 of Council Decision 2008/146/EC (°). (1) Position of the European Parliament of 27 February 2014 (not yet published in the Official Journal) and decision of the Council of 14 March 2014. (%) 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 (O] L 81, 21.3.2001, p. 1). () O] L 176, 10.7.1999, p. 36. (*) Council 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 (O] L 176, 10.7.1999, p. 31). () OJ L 53, 27.2.2008, p. 52. (%) Council Decision 2008/146EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (O] L 53, 27.2.2008, p. 1).