(29) The suspension of the exemption from the visa requirement by an implementing act should cover certain
categories of nationals of the third country concerned, by reference to the relevant types of travel documents
and, where appropriate, to additional criteria, such as persons travelling for the first time to the territory of the
Member States. The implementing act should determine the categories of nationals to which the suspension
should apply, taking into account the specific circumstances notified by one or several Member States or reported
by the Commission and the principle of proportionality.
(30) In order to ensure the appropriate involvement of the European Parliament and of the Council in the implemen
tation of the suspension mechanism, given the politically sensitive nature of a suspension of an exemption from
the visa requirement for all nationals of a third country included in the list in Annex II to this Regulation and its
horizontal implications for the Member States and the Union itself, in particular for their external relations and
for the overall functioning of the Schengen area, the power to adopt acts in accordance with Article 290 TFEU
should be delegated to the Commission in respect of the temporary suspension of the exemption from the visa
requirement for the nationals of the third countries concerned. It is of particular importance that the
Commission carry out appropriate consultations during its preparatory work, including at expert level, and that
those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement
of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of
delegated acts, the European Parliament and the Council receive all documents at the same time as Member States'
experts, and their experts systematically have access to meetings of Commission expert groups dealing with the
preparation of delegated acts.
(31) With a view to ensuring that the visa regime is administered openly and that the persons concerned are
informed, Member States should communicate to the Commission and to the other Member States the measures
which they take pursuant to this Regulation. For the same reasons, that information should also be published in
the Official Journal of the European Union.
(32) The conditions governing entry into the territory of the Member States or the issue of visas should not affect the
rules governing the recognition of the validity of travel documents.
(33) In accordance with the principle of proportionality as set out in Article 5 of the Treaty on European Union, the
recourse to a Regulation 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 is both a necessary and an
appropriate means of ensuring that the common policy on visas operates efficiently.
(34) This Regulation should be without prejudice to the application of international agreements concluded by the
European Community before the entry into force of Regulation (EC) No 539/2001 which give rise to the need to
derogate from the common policy on visas, while taking into account the case-law of the Court of Justice of the
European Union.
(35) 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 (
1
), which fall within the area referred to in point B of Article 1 of
Council Decision 1999/437/EC (
2
).
(36) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within
the meaning of the Agreement signed 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 (
3
), which fall within the area referred to in points B and C of Article 1 of
Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (
4
).
(37) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis
within the meaning of the Protocol between the European Union, the European Community, the Swiss Confed
eration and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement
28.11.2018 L 303/42 Official Journal of the European Union
EN
1
) OJ L 176, 10.7.1999, p. 36.
(
2
) 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 (OJ L 176, 10.7.1999, p. 31).
(
3
) OJ L 53, 27.2.2008, p. 52.
(
4
) Council Decision 2008/146/EC 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 (OJ L 53, 27.2.2008, p. 1).