# 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, Article 2: Scope

Extent: E+W+S+N.I.

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 539/2001 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;
(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:
(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
(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 Council 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/EU or (EU) 2016/801 of the European Parliament and of the Council.

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Source: https://www.legislation.gov.uk/eur/2018/1240/article/2 (the official version)
Page: https://openlegislation.uk/eu-regulation-2018-1240/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.