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 ( 2 ) 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 ( 3 ) 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 ( 4 ) or (EU) 2016/801 ( 5 ) of the European Parliament and of the Council.