{
  "url": "https://openlegislation.uk/eu-regulation-2018-1240/article-2",
  "json_url": "https://openlegislation.uk/eu-regulation-2018-1240/article-2.json",
  "legislation": "eur/2018/1240",
  "legislation_title": "Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2018-1240",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Scope",
  "text": "1. This Regulation applies to the following categories of third-country nationals:\n(a) nationals of third countries listed in Annex II to Council Regulation (EC) No 539/2001 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;\n(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;\n(c) third-country nationals who are exempt from the visa requirement and who fulfil the following conditions:\n(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\n(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.\n2. This Regulation does not apply to:\n(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;\n(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;\n(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;\n(d) holders of residence permits referred to in point 16 of Article 2 of Regulation (EU) 2016/399;\n(e) holders of uniform visas;\n(f) holders of national long-stay visas;\n(g) nationals of Andorra, Monaco and San Marino and holders of a passport issued by the Vatican City State or the Holy See;\n(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 Council when such holders exercise their right within the context of the Local Border Traffic regime;\n(i) persons or categories of persons referred to in points (a) to (f) of Article 4(1) of Regulation (EC) No 539/2001;\n(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;\n(k) persons who are subject to a visa requirement pursuant to Article 4(3) of Regulation (EC) No 539/2001;\n(l) third-country nationals exercising their right to mobility in accordance with Directive 2014/66/EU or (EU) 2016/801 of the European Parliament and of the Council.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Council Regulation (EC) No 539/2001 of 15 March 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 (OJ L 81, 21.3.2001, p. 1)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (OJ L 405, 30.12.2006, p. 1)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (OJ L 157, 27.5.2014, p. 1)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2018/1240/article/2",
    "retrieved_at": "2026-11-01T14:43:58.012378+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}