(4) Gibraltar is not part of the United Kingdom. Union law has been applicable to Gibraltar to the extent provided
for in the 1972 Act of Accession only by virtue of Article 355(3) TFEU. The addition of the United Kingdom to
Part 1 of Annex II to Regulation (EU) 2018/1806 will not cover British overseas territories citizens who have
acquired their citizenship from a connection with Gibraltar. Gibraltar should thus be listed along with other
British overseas territories in Part 3 of Annex II to Regulation (EU) 2018/1806.
(5) The criteria which should be taken into account when determining, on the basis of a case-by-case assessment, the
third countries whose nationals are subject to, or exempt from, the visa requirement are laid down in Article 1 of
Regulation (EU) 2018/1806. Those criteria include illegal immigration, public policy and security, economic
benefit, in particular in terms of tourism and foreign trade, and the Union's external relations with the relevant
third countries, including, in particular, considerations of human rights and fundamental freedoms, as well as the
implications of regional coherence and reciprocity.
(6) Taking account of all the criteria listed in Article 1 of Regulation (EU) 2018/1806, it is appropriate to exempt
nationals of the United Kingdom who are British citizens from the visa requirement when travelling to the
territory of the Member States. Considering the geographical proximity, the link between economies, the level of
trade and the extent of short-term movements of persons between the United Kingdom and the Union for
business, leisure or other purposes, visa-free travel should facilitate tourism and economic activity, thereby
bringing benefits to the Union.
(7) The United Kingdom should thus be included in Annex II to Regulation (EU) 2018/1806 as regards British
citizens.
(8) This Regulation is based on the expectation that, in the interest of maintaining close relations, the United
Kingdom will grant full visa reciprocity to the nationals of all Member States. In the event that the United
Kingdom introduces a visa requirement for nationals of at least one Member State in the future, the reciprocity
mechanism provided for in Article 7 of Regulation (EU) 2018/1806 should apply. The European Parliament, the
Council, the Commission and the Member States should act without delay in applying the reciprocity
mechanism. The Commission should monitor the respect of the principle of reciprocity on a continuous basis
and immediately inform the European Parliament and the Council of any developments which could endanger
the respect of that principle.
(9) 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 (
5
), which fall within the area referred to in point B of Article 1 of
Council Decision 1999/437/EC (
6
).
(10) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within
the meaning of the Agreement between the European Union, the European Community and the Swiss Confed
eration on the Swiss Confederation's association with the implementation, application and development of the
Schengen acquis (
7
) 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 (
8
).
(11) 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
12.4.2019 L 103 I/2 Official Journal of the European Union
EN
5
) OJ L 176, 10.7.1999, p. 36.
(
6
) 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).
(
7
) OJ L 53, 27.2.2008, p. 52.
(
8
) 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).