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- Regulation (EC) of the European Parliament and of the Council No. 810/2009 of 13 July 2009 Establishing a Community Code on Visas (Visa Code) (with Amendments and Additions)
- TITLE II AIRPORT TRANSIT VISA
- Article 3 Third-country nationals required to hold an airport transit visa
Article 3 Third-country nationals required to hold an airport transit visa
Article 3
Third-country nationals required to hold an airport transit visa
1. Nationals of the third countries listed in Annex IV shall be required to hold an airport transit visa when passing through the international transit areas of airports situated on the territory of the Member States.
2. In urgent cases of mass influx of illegal immigrants, individual Member States may require nationals of third countries other than those referred to in paragraph 1 to hold an airport transit visa when passing through the international transit areas of airports situated on their territory. Member States shall notify the Commission of such decisions before their entry into force and of withdrawals of such an airport transit visa requirement.
3. Within the framework of the Committee referred to in Article 52(1), those notifications shall be reviewed on an annual basis for the purpose of transferring the third country concerned to the list set out in Annex IV.
4. If the third country is not transferred to the list set out in Annex IV, the Member State concerned may maintain, provided that the conditions in paragraph 2 are met, or withdraw the airport transit visa requirement.
5. The following categories of persons shall be exempt from the requirement to hold an airport transit visa provided for in paragraphs 1 and 2:
(a) holders of a valid uniform visa, national long-stay visa or residence permit issued by a Member State;
(b) third-country nationals holding the valid residence permits listed in Annex V issued by Andorra, Canada, Japan, San Marino or the United States of America guaranteeing the holder's unconditional readmission;
(c) third-country nationals holding a valid visa for a Member State or for a State party to the Agreement on the European Economic Area of 2 May 1992, Canada, Japan or the United States of America, or when they return from those countries after having used the visa;
(d) family members of citizens of the Union as referred to in Article 1(2)(a);
(e) holders of diplomatic passports;
(f) flight crew members who are nationals of a contracting Party to the Chicago Convention on International Civil Aviation.