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The Schengen territory & visit visas for the EU post Brexit

26 April 2019 Blog Grace McGill

 

On the 12th April 2019, the European Parliament and European Council approved an agreement to waive the visa requirements for UK citizens travelling to the EU after Brexit, whether the UK leaves the EU with a deal or not. Regulation (EU)  2019/592 of  the  European Parliament and  of  the  Council of  10  April 2019, amending Regulation (EU)  2018/1806, lists 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.

 

In brief, it adds the UK to the ‘white list’ of countries who do not need a visa to travel to the Schengen states. The Regulation will be applicable to all EU countries EXCEPT Ireland which has its own common travel area with the UK. Regulation 13

The Regulation will also apply to those non EU countries associated with EU policy i.e. Norway, Switzerland, Iceland & Liechtenstein.

The Regulation is based on the expectation that, in the interest of maintaining close relations, the United Kingdom will grant full visa reciprocity to the nationals of all Member States. In the event that the United Kingdom introduces a visa requirement for nationals of at least one Member State in the future, the reciprocity mechanism provided for in Article 7 of Regulation (EU) 2018/1806 should apply. The European Parliament, the Council, the Commission and the Member States should act without delay in applying the reciprocity mechanism. The Commission should monitor the respect of the principle of reciprocity on a continuous basis and immediately inform the European Parliament and the Council of any developments which could endanger the respect of that principle – Regulation 8 of  (EU) 2019/592.

The Regulation constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (11); the United Kingdom is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application- Regulation 12

It shall come into effect on the day after the UK leaves the EU.

 

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