4.6.2005 Official Journal of the European Union L 141/3 COUNCIL REGULATION (EC) No 851/2005 of 2 June 2005 amending Regulation (EC) No 539/2001 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 as regards the reciprocity mechanism THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(b)(i) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (%), Whereas: (1) The mechanism provided for in Article 1(4) of Council Regulation (EC) No 539/2001 () has proved unsuitable for dealing with situations of non-reciprocity in which a third country on the list in Annex II to that Regulation, i.e. a third country whose nationals are exempt from the visa requirement, maintains or introduces a visa requirement for nationals from one or more Member States. Solidarity with the Member States experiencing situations of non-reciprocity requires that the existing mechanism be adapted so as to make it effective. (2)  Given the seriousness of such situations of non-reci- procity, it is essential that they should be notified without fail by the Member State(s) concerned. To ensure that the third country in question again applies visa-free travel to nationals of the Member States concerned, a mechanism should be provided which will combine measures at variable levels and intensities that can be rapidly carried out. Thus the Commission should take steps with the third country without delay, report to the Council and be able at any moment to propose that the Council adopt a provisional decision restoring the visa requirement for nationals of the third country in question. Resorting to such a provisional decision should not make it impossible to transfer the third country in question to Annex [ of Regulation (EC) No 539/2001. A temporal link should also be provided between the entry into force of the provisional measure and any proposal to transfer the country to Annex L. (3) A decision by a third country to introduce or reintroduce visa-free travel for nationals of one or more Member (*) Opinion delivered on 28 April 2005 (not yet published in the Official Journal). (@ OJ L 81, 21.3.2001, p. 1. States should automatically terminate the provisional restoration of a visa requirement decided by the Council. (4)  The amended solidarity mechanism aims at achieving full reciprocity in respect of all Member States and creating an effective and accountable mechanism in order to ensure it. (5)  Regulation (EC) No 539/2001 should be amended accordingly. (6)  Transitional arrangements should be provided for where, when this Regulation comes into force, Member States are subject to a visa requirement by third countries listed in Annex II to Regulation (EC) No 539/2001. (7)  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 association of those two States with the implementation, application and development of the Schengen acquis (}), which fall within the area referred to in Article 1(B) of Council Decision 1999/437EC of 17 May 1999 on certain arrangements for the appli- cation of that Agreement (%). (8)  The United Kingdom and Ireland are not bound by Regu- lation (EC) No 539/2001. They are therefore not taking part in the adoption of this Regulation and are not bound by it or subject to its application. (9)  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 asso- ciation with the implementation, application and devel- opment of the Schengen acquis (°), which fall in the area referred to in Article 1(B) of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/849[EC (°) and Article 4(1) of Council Decision 2004/860[EC (), () O] L 176, 10.7.1999, p. 36. % OJ L 176, 10.7.1999, p. 31. (®) Council doc. 13054/04 accessible on http:/[register.consilium.eu.int (¢} 0o ) 6 O] L 368, 15.12.2004, p. 26. ) J 7) O] L 370, 17.12.2004, p. 78.