CHAPTER IGENERAL PROVISIONS

Article 2Scope

1.

This Regulation applies to the following categories of third-country nationals:

(a)

nationals of third countries listed in Annex II to Council Regulation (EC) No 539/200134 who are exempt from the visa requirement for intended stays in the territory of the Member States of a duration of no more than 90 days in any 180-day period;

(b)

persons who, pursuant to Article 4(2) of Regulation (EC) No 539/2001, are exempt from the visa requirement for intended stays in the territory of the Member States of a duration of no more than 90 days in any 180-day period;

(c)

third-country nationals who are exempt from the visa requirement and who fulfil the following conditions:

  1. (i)

    they are family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States on the one hand and a third country on the other; and

  2. (ii)

    they do not hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002.

2.

This Regulation does not apply to:

(a)

refugees or stateless persons or other persons who do not hold the nationality of any country who reside in a Member State and who are holders of a travel document issued by that Member State;

(b)

third-country nationals who are family members of a Union citizen to whom Directive 2004/38/EC applies and who hold a residence card pursuant to that Directive;

(c)

third-country nationals who are family members of a third-country national enjoying a right of free movement equivalent to that of Union citizens, under an agreement between the Union and its Member States on the one hand and a third country on the other, and who hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002;

(d)

holders of residence permits referred to in point 16 of Article 2 of Regulation (EU) 2016/399;

(e)

holders of uniform visas;

(f)

holders of national long-stay visas;

(g)

nationals of Andorra, Monaco and San Marino and holders of a passport issued by the Vatican City State or the Holy See;

(h)

nationals of third countries who are holders of a local border traffic permit issued by the Member States pursuant to Regulation (EC) No 1931/2006 of the European Parliament and of the Council35 when such holders exercise their right within the context of the Local Border Traffic regime;

(i)

persons or categories of persons referred to in points (a) to (f) of Article 4(1) of Regulation (EC) No 539/2001;

(j)

third-country nationals holding diplomatic or service passports who have been exempted from the visa requirement pursuant to an international agreement concluded by the Union and a third country;

(k)

persons who are subject to a visa requirement pursuant to Article 4(3) of Regulation (EC) No 539/2001;

(l)

third-country nationals exercising their right to mobility in accordance with Directive 2014/66/EU36 or (EU) 2016/80137 of the European Parliament and of the Council.