Brexit: Council adopts Regulation on reciprocal visa-free travel following UK’s withdrawal

The General Affairs Council on 9 April 2019 formally adopted the proposed Regulation of the European Parliament and of the Council amending Council Regulation (EC) 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, as regards the withdrawal of the UK from the EU.

On 9 April 2019, the General Affairs Council formally adopted the proposed Regulation of the European Parliament and of the Council amending Council Regulation (EC) 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, as regards the withdrawal of the UK from the EU. The European Commission adopted the proposal for this Regulation on 13 November 2018.

The new Regulation aims to add the UK to the list of third countries whose nationals do not need a visa to enter the EU for business or leisure trips of up to 90 days in any 180-day period. This visa-waiver would be granted as long as the UK also grants the equivalent access to EU citizens once it becomes a third country.

The text adopted by the Council reflects the informal trialogue agreement reached on 3 April 2019, and the European Parliament’s first-reading position of 4 April 2019. As it has been formally adopted by both co-legislators under the ordinary legislative procedure, the Regulation will now be published in the Official Journal. It would apply from the day following the UK’s withdrawal from the EU.

The Regulation would apply to all EU member states (except Ireland, which has its own visa policy) and in the Schengen associated countries (Iceland, Liechtenstein, Norway and Switzerland).

This article has been produced for general information purposes and further advice should be sought from a professional advisor. Immigration is a complex area of law for both corporates and individuals. Please contact our Business Immigration Team at Cleaver Fulton Rankin for further advice or information.

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