32 Amendments of Moritz KÖRNER related to 2023/0371(COD)
Amendment 7 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) Visa-free travel brings significant benefits to both the Union and third countries alike. The economic, social and cultural relations with third countries create prosperity and establish the Union as an open and free bloc. The Union’s common visa policy, in this regard, is a cornerstone of its engagement with third countries.
Amendment 8 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1 b) At the same time, the evolving geopolitical context has brought new challenges linked to visa-free travel. Abuse of and security risks following from visa-free travel to the EU require a swift and adequate response. It is imperative that the Union is equipped to deal with these challenges accordingly.
Amendment 10 #
Proposal for a regulation
Recital 2
Recital 2
(2) TFor this reason, the mechanism for the temporary suspension of the exemption from the visa requirement for the nationals of a third country listed in Annex II to Regulation (EU) 2018/1806 (‘the suspension mechanism’) should be strengthened for the Union to have at its disposal a more efficient safeguard aimed at preventing a wider range of irregular migration, public policy and security risks arising from the third countries listed in that Annex II, as well asor the abuse of the visa exemption through the operation of investor citizenship schemes by those third countries, and as a diplomatic tool following stark deterioration of external relations with relevant third countries.
Amendment 19 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The suspension mechanism should ensure a safeguard against threats to public order and security. This includes immediate risks to the Union’s internal security, such as terrorism, organised crime, cyber-attacks and trafficking in humans, drugs and arms. In regards to the external dimension of internal security, priorities identified by the European Multidisciplinary Platform against Criminal Threats (EMPACT) should be taken into account.
Amendment 22 #
Proposal for a regulation
Recital 5
Recital 5
(5) In its conclusions of 22 October 2021, the European Council invited the Commission to propose any necessary changes to the Union’s legal framework and concrete measures to ensure an immediate and appropriate response to hybrid threats in line with Union law and international obligations. Therefore, it should be possible to trigger the suspension mechanism in case of risks or threats to the public policy or internal security of the Member States arising from hybrid threats such as situations of state-sponsored instrumentalisation of migrants aimed at destabilising or undermining society and key institutions, as referred to in Article 1(4)(b), first subparagraph, of the Crisis Regulation. Such threats to the public policy or internal security of the Member States arising from hybrid threats may also relate to clandestine foreign interference in political processes, cyber operations, and economic espionage.
Amendment 25 #
Proposal for a regulation
Recital 6
Recital 6
(6) Investor citizenship schemes operated by third countries listed in Annex II to Regulation (EU) 2018/1806 allow visa-free travel to the Union to third- country nationals that would otherwise be visa required. Under an investor citizenship scheme, citizenship is granted in return for pre-determined payments or investments without any genuine link to the third country concerned. While the Union respects the right of sovereign countries to decide on their own naturalisation procedures, visa-free third countries should be deterred from using visa-free access to the Union as a tool for leveraging individual investment in return for their citizenship. A lack of comprehensive security checks, vetting procedures and due diligence pose several serious security risks for Union citizens, such as those stemming from money laundering and corruption. To prevent visa-free access to the Union being used for this purpose, it should be possible to suspend the visa exemption for a third country which chooses to operate such investor citizenship schemes, whereby citizenship is granted without any genuine link to the third country concerned.
Amendment 26 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) The triggering of the suspension mechanism should be considered in the wider context of the Union’s relations with the relevant third country. Specific consideration should be paid to the Union's diplomatic and external relations with third countries. This includes considerations of human rights and fundamental freedoms, violations of bilateral agreements between the Union and third countries, hostile acts towards the Union or Member States and non- compliance or non-alignment with relevant Union sanctions.
Amendment 29 #
Proposal for a regulation
Recital 7
Recital 7
(7) Where the visa policy of a third country listed in Annex II to Regulation (EU) 2018/1806 is not aligned with the visa policy of the Union as regards the list of third countries whose nationals are required to be in possession of a visa when crossing the external borders of the Member States, this could result in irregular migration to the Union, in particular where the concerned third country is in close geographic proximity to the Union. Therefore, it should be possible to trigger the suspension mechanism where, following an assessment, the Commission concludes that there is a risk of a substantial increase in the number of third- country nationals, other than nationals of that third country, who arrive legally in the territory of that third country and then irregularly enter the territory of the Member States.
Amendment 32 #
Proposal for a regulation
Recital 8
Recital 8
(8) The thresholds to trigger the suspension mechanism in case of a substantial increase in the number of nationals of a third country refused entry or found to be staying in the Member State’s territory without a right to do so, or overstaying the visa-free period, or in the number of asylum applications from the nationals of that third country for which the recognition rate is low, or in the number of serious criminal offences linked to the nationals of that third country, should be subject to a case-by-case assessment by the Commission. In particular, the Commission should be able to assess whether there are specific circumstances, in the cases notified by Member States or under its own analysis, which would justify the application of lower or higher thresholds than those indicated in relevant provisions of Regulation (EU) 2018/1806. The Commission’s assessment should take into account, for example, the number of unauthorised crossings of the external borders of the Member States, unfounded asylum applications or criminal offences in proportion to the number and size of Member States affected and the impact of those numbers on the overall migratory situation, functioning of the asylum systems or internal security of the Member States affected, as well as actions taken by the third country concerned to remedy the situation.
Amendment 34 #
Proposal for a regulation
Recital 9
Recital 9
(9) For the purpose of notifying to the Commission the circumstances that may amount to a ground for suspension, Member States should be able to take into account reference periods longer than two months but no longer than twelve months in order to identify not only sudden changes in the relevant situation, but also longer-term trends that may justify the use of the visa suspension mechanism.
Amendment 38 #
Proposal for a regulation
Recital 10
Recital 10
(10) Whenever it considers it necessary, or upon request by the European Parliament or by the Council, the Commission should report on the outcome of its systematic monitoring of the visa- free regimes with all the third countries listed in Annex II to Regulation (EU) 2018/1806., The report should focus on those third countries which, according to the Commission’s analysis, present specific problems that, if not addressed, may lead to trigger the suspension mechanism. In particular, the Commission should consider reportingSystemic monitoring and reporting shall be done on the basis of data provided by EU Agencies as data stored in the Visa Information System (VIS), Schengen Information System (SIS II), Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS), and European Criminal Records Information System for Third- Country Nationals (ECRIS-TCN). The Commission should ensure that each third country listed in Annex II is monitored and reported on at least every four years. Furthermore, the Commission should report on countries which have been newly listed in Annex II without undergoing a visa liberalisation dialogue, where it considers it necessary and in particular in the first years following the entry into force of the visa exemption for those countries.
Amendment 45 #
Proposal for a regulation
Recital 12
Recital 12
(12) The Commission should adopt immediately applicable implementing acts where, in duly justified cases related to the triggering of the suspension mechanism, imperative grounds of urgencywhere a serious threat to public policy or internal security in a Member State according to Article 8a(d) is unforeseeable and require exps immediated action, in particular to prevent any abuse of visa-free travel causing a mass influx of third-country nationals arriving irregularly in the territory of the Member States or a serious damage to the public policy or internal security of Member States.
Amendment 47 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
(-1) Article 7 point (d) is replaced by the following: (d) the Commission shall, when considering further steps in accordance with point (e) or (h), take into account the outcome of the measures taken by the Member State concerned with a view to ensuring visa-free travel with the third country in question, the steps taken in accordance with point (b), and the consequences of the suspension of the exemption from the visa requirement for the external relations of the Union and its Member States with the third country in question;
Amendment 50 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1
Article 8a – paragraph 1
1. The suspension mechanism may be triggered on one or more of the following grounds:
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point a
Article 8a – paragraph 1 – point a
(a) a substantial increase in the number of nationals of a third country listed in Annex II refused entry or ,found to be staying in a Member State’s territory without a right to do so, or overstaying the visa-free period;
Amendment 68 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point f
Article 8a – paragraph 1 – point f
(f) the non-alignment of the visa policy of a third country listed in Annex II, where, in particular because of the geographic proximity of that third country to the Union, there is a risk of a substantial increase in the number of third-country nationals, other than nationals of that third country, who enter irregularly the territory of the Member States after having stayed on, or transited through, the territory of that third country;
Amendment 70 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point fa (new)
Article 8a – paragraph 1 – point fa (new)
(f a) a severe deterioration in the Union’s external relations with a third country listed in Annex II, exampled by the non-alignment of the criteria listed in Article 1 of this Regulation;
Amendment 75 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 2
Article 8a – paragraph 2
2. For the purposes of paragraph 1, points (a), (b) and (d)(i), and paragraph 4 of this Article a substantial increase shall mean an increase exceeding a threshold of 50%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a lower or higher increase is applicable in the particular case.
Amendment 85 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 3
Article 8a – paragraph 3
3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than 43%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a higher recognition rate is applicable in the particular case.
Amendment 91 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 5 – point b
Article 8a – paragraph 5 – point b
(b) failing to issue travel documents in due time for the purposes of returning within the deadlines set out in the readmission agreement or refusing to accept European travel documents issued following the expiry of the deadlines set out in the readmission agreement, or otherwise creating persisting practical obstacles regarding the execution of readmission decisions;
Amendment 94 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation 2018/1806
Article 8a – paragraph 5 – point c
Article 8a – paragraph 5 – point c
(c) terminating or suspend, suspending or otherwise undermining the readmission agreement concluded between a third country listed in Annex II and the Union.
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 1
Article 8b – paragraph 1
1. A Member State may notify the Commission if it is confronted, over a period of at least two but no longer than twelve months, compared with either the same period in the preceding year or the last two months prior to the implementation of the exemption from the visa requirement for nationals of a third country listed in Annex II, with one or more of the circumstances amounting to the grounds for suspension referred to in Article 8a(1), points (a), (b), (c), and (d)(i).
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 4 – point a
Article 8b – paragraph 4 – point a
(a) whether any of the circumstances amounting to the grounds referred to in Article 8a(1), points (a), (b), (c), or (d)(i) exist;
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8c – paragraph 1a (new)
Article 8c – paragraph 1a (new)
1 a. In its monitoring and analysis, the Commission shall be informed by the European Border and Coast Guard, the European Union Agency for Asylum, the European Union Agency for Law Enforcement Cooperation (Europol) or any other relevant institution, body, office or agency of the Union. It shall also take into account data stored in the Visa Information System (VIS), Schengen Information System (SIS II), Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS), and European Criminal Records Information System for Third- Country Nationals (ECRIS-TCN).
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1
Article 8d – paragraph 1
1. The Commission shall report to the European Parliament and to the Council on the monitoring conducted in accordance with Article 8c(1) with regard to the third countries which have been listed in Annex II as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country, at least once a year and for a period of seven years after the date of entry into force of visa liberalisation for those third countries, and thereafter whenever the Commission considers it to be necessary, or upon request by the European Parliament or by the Council. The report shall focus on the third countries which the Commission considers, based on concrete and reliable information, as no longer complying with certain specific requirements, which are based on Article 1 and which were used to assess the appropriateness of granting visa liberalisation.
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1a (new)
Article 8d – paragraph 1a (new)
1 a. The Commission shall conduct this reporting periodically, thereby ensuring that each third country shall be reported on at least once within a four- year period.
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1b (new)
Article 8d – paragraph 1b (new)
1 b. For those third countries which have been listed as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country, the Commission shall report on an annual basis for a period of seven years after the date of entry into force of visa liberalisation for those third countries.
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 1c (new)
Article 8d – paragraph 1c (new)
1 c. Whenever the Commission considers it necessary, it shall report on the third countries which the Commission considers, based on concrete and reliable information, as no longer complying with certain specific requirements, which are based on Article 1 and which were used to assess the appropriateness of granting visa liberalisation.
Amendment 119 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8d – paragraph 2
Article 8d – paragraph 2
2. The Commission shall also report, whenever it considers it to be necessary, or upon request by the European Parliament or by the Council, on third countries listed in Annex II other than the ones referred to in paragraph 1 of this Article.
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 2
Article 8e – paragraph 2
2. On duly justified imperative grounds of urgency, where a serious threat to public policy or internal security in a Member State according to Article 8a(d) is unforeseeable and requires immediate action, the Commission shallmay adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 11(4), temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned for a period of maximum three months. If within this period, the Commission decides on the basis of the examination referred to in Article 8c, that further action is needed, it may adopt an implementing act in accordance with the procedure referred to in Article 8e(1), at the latest one month before the expiry of the three-month period. The total duration of the period of visa suspension of the immediately applicable implementing act and the implementing act shall not exceed 12 months.
Amendment 128 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 2
Article 8e – paragraph 2
2. On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 11(4), temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned for a period of 12 months. In such cases, the Commission shall inform the Council and Parliament openly, comprehensively, and consistently throughout the procedure.
Amendment 129 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 3
Article 8e – paragraph 3
3. During the period of suspension, the Commission shall establish an enhanced dialogue with the third country concerned with a view to remedying the circumstances in question. Without prejudice to the application of Article 6, during the period of suspension, the nationals of the third country concerned shall be required to be in possession of a visa when crossing the external borders of the Member States.