42 Amendments of Tineke STRIK related to 2023/0371(COD)
Amendment 11 #
Proposal for a regulation
Recital 2
Recital 2
(2) 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 as the abuse of the visa exemption through the operation of investor citizenship schemes by those third countries.
Amendment 12 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) It should also be possible to trigger the suspension mechanism in the event of serious breaches by a third country of the principles of the United Nations Charter, or in case of grave violations of the obligations deriving from international human rights law or international humanitarian law, having regard to the principles that shall guide the EU external actions as enshrined in Article 21(1).
Amendment 14 #
Proposal for a regulation
Recital 3
Recital 3
(3) In particular, the use ofcriteria for triggering the suspension mechanism should be facilitated by broadening the possible grounds for suspension, adaptclarified, making the relevant thresholds and procedures more precise, and strengthening the Commission’s monitoring and reporting obligations.
Amendment 17 #
Proposal for a regulation
Recital 4
Recital 4
Amendment 21 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 28 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 31 #
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 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 Commissionshould be clearly set in order to avoid diverging interpretations and the risk of uneven practices. 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 inthe 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 situationAdditionally, taking into account the impact that a suspension of the exemption from the visa requirement might have on the relations with the third country concerned and on the rights of its nationals, the Commission should thoroughly assess the necessity, proportionality and consequences of that suspension before adopting the relevant act. In carrying out this assessment, the Commission should take into account the impact of the proposed suspension on the the overall external relations of the Union and its Member States with the third country concerned, on the rights of the nationals of the third country concerned, on the principles of visa reciprocity and on non-discrimination, and evaluate whether the proposed suspension would represent an appropriate measure to remedy the situation. Attention should also be given to the mobility needs of human rights defenders, especially in case of deterioration of the human rights’ situation in the third country concerned, and the potential risks that the suspension would entail on the continuity and effectiveness of their work.
Amendment 35 #
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 thanof two 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 39 #
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 reporting 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 40 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) In the light of the far reaching consequences that the temporary suspension of the exemption from the visa requirement might have on the nationals of the third country concerned, the Commission should privilege a targeted approach, applying the measure first and foremost to selected individuals holding positions of responsibility, such as members of third country’s official delegations, members of local, regional and national Governments, members of Parliaments, or high-ranking public or military officials, while making every effort to minimise the adverse consequences on the general population.
Amendment 41 #
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10 b) In light of the far reaching implications of the suspension for the nationals of the third countries concerned, and taking into account the requirement enshrined in Article 13 TEU for the Union institutional framework to ensure the effectiveness of its policies and actions, the Commission should permanently monitor whether the triggering of the suspension mechanism would achieve the intended result, and regularly report to the European Parliament and the Council.
Amendment 42 #
Proposal for a regulation
Recital 11
Recital 11
(11) Where a decision to temporarily suspend the visa exemption for a third country has been taken, there should be an adequate timeframe for the enhanced dialogue between the Commission and the concerned third country aimed at remedying the circumstances that led to the suspension. For this purpose, the duration of the temporary suspension decided by a Commission implementingdelegated act should be 12 months in a first phase, with a possibility to extend it by a further 24 months with a delegated act in a second phase. Where no solution is found before the end of the period of validity of the delegated act and the Commission presents a legislative proposal to transfer the concerned third country from Annex II to Annex I of Regulation (EU) 2018/1806, the Commission should adopt a delegated act extending the temporary suspension until the entry into force of the adopted proposal.
Amendment 43 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 46 #
Proposal for a regulation
Recital 13
Recital 13
(13) The temporary suspension should be lifted at any time where the circumstances that led to the suspension are remedied before the end of the period of the suspension. To this end, the Commission should adopt, respectively, an implementing act before, or where the suspension turns out to be ineffective to remedy the situation. To theis end of, the period of suspension set out in the relevant implementing act, and aCommission should adopt delegated acts before the end of the period of suspension set out in the relevant delegated acts.
Amendment 48 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/1806
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 56 #
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 d
Article 8a – paragraph 1 – point d
(d) a significant risk or imminent threat to the public policy or internal security of Member States related to a third country listed in Annex II deriving from any of the following: substantial increase in serious criminal offences, linked to the nationals of that third country, substantiated by objective, concrete and relevant information and data provided by the competent authorities;
Amendment 58 #
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 d – point i
Article 8a – paragraph 1 – point d – point i
Amendment 61 #
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 d – point ii
Article 8a – paragraph 1 – point d – point ii
Amendment 66 #
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
Amendment 69 #
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) serious breaches of the principles set in the United Nations Charter, or grave violations of the obligations deriving from international human rights law or international humanitarian law;
Amendment 73 #
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), 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 80 #
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 4%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a higher recognition rate is applicable in the particular case2%.
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 4
Article 8a – paragraph 4
4. For the purposes of paragraph 1, point (c), a decrease in cooperation on readmission with a third country listed in Annex II shall mean a substantial increase, substantiated by adequate data, in the refusal rate of readmission applications submitted by a Member State to that third country for its own nationals or, where a readmission agreement concluded between the Unionit can be clearly proven that the decrease in cooperation is the result orf that Member State ande actions or inaction of thate third country so provides, for third-country nationals having transited through that third countryconcerned and it is not attributable to the requesting Member State.
Amendment 90 #
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 a
Article 8a – paragraph 5 – point a
(a) refusing or failing to process readmission applications in due time;
Amendment 93 #
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 timeto its own nationals or persons having a right of residence in its territory 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;
Amendment 98 #
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 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 103 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 2
Article 8b – paragraph 2
2. The notification referred to in paragraph 1 of this Article shall state the reasons on which it is based and shall include relevant data and statistics as well as a detailed explanation of the preliminary measures that the Member State concerned has taken with a view to remedying the situation. In its notification, the Member State concerned may specify the categories of nationals of the third country concerned which are to be covered by an implementing delegated act under Article 8e(1), specifying the detailed reasons for doing so.
Amendment 107 #
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 111 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8b – paragraph 4a (new)
Article 8b – paragraph 4a (new)
4 a. The Commission shall also assess the necessity, proportionality and consequences of a suspension of the exemption from the visa requirement, taking into account in particular: (a) the overall external relations of the Union and its Member States with the third country concerned; (b) the appropriateness of a suspension of the exemption from the visa requirement to remedy the situation; (c) the impact of a suspension on the rights of the nationals of the third country concerned; (d) the principle of visa reciprocity and the principle of non-discrimination; (e) the potential risks faced by human rights defenders.
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8c – paragraph 2
Article 8c – paragraph 2
2. Where the Commission, taking into account the relevant data, reports and statistics, and after having carried out an assessment of the necessity, proportionality and consequences of a suspension of the exemption from the visa requirement as referred to in Article 8b(4a), has concrete and reliable information on the existence of any of the grounds referred to in Article 8a(1) it shall inform the European Parliament and the Council of its analysis, and Article 8e and Article 8f shall apply.
Amendment 120 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – Title
Article 8e – Title
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 1 – subparagraph 1
Article 8e – paragraph 1 – subparagraph 1
Where, on the basis of the examination referred to in Article 8b(4), or the analysis referred to in Article 8c(2), and taking into account the necessity, proportionality and consequences of a suspension of the exemption from the visa requirement for the overall external relations of the Union and its Member States with the third country concerned and for its nationals as provided for in Article 8b(4a), while working in close cooperation with that third country to find alternative long-term solutions, the Commission decides that action is needed, or where a simple majority of Member States have notified the Commission of the existence of circumstances referred to in Article 8a(1), points (a), (b), (c) or (d)(i), the Commission shall adopt an implementing delegated act temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned for a period of 12 months.
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 1 – subparagraph 2
Article 8e – paragraph 1 – subparagraph 2
The suspension shall apply to certain categories of nationals of the third country concerned or to selected individuals, by reference to the relevant types of travel documents andor, where appropriate, to additional criteria. When deciding to which categories or selected individuals the suspension is to apply, the Commission shall, based on the information available, include categories that are broad enough in order and on the assessment of the impact and consequences of that suspension, only include categories or individuals that are able to efficiently contribute to remedying the circumstances that led to the suspension, while respecting the principle of proportionality and non- discrimination in line with Article 21 of the Charter of Fundamental Rights of the European Union. That implementingdelegated act shall fix the date on which the suspension of the exemption from the visa requirement is to take effect.
Amendment 123 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 1 – subparagraph 3
Article 8e – paragraph 1 – subparagraph 3
The Commission shall adopt the implementingdelegated act referred to in the first subparagraph within one month of:
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 1 – subparagraph 3 – point c
Article 8e – paragraph 1 – subparagraph 3 – point c
(c) receiving the notification from a simple majority of Member States of the existence of grounds referred to in Article 8a(1), points (a), (b), (c) or (d)(i).
Amendment 125 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 1 – subparagraph 4
Article 8e – paragraph 1 – subparagraph 4
The implementingdelegated acts referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 11(2)0.
Amendment 126 #
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
Amendment 130 #
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 and regularly report to the European Parliament and the Council on its progress and outcomes, as well as effectiveness of the applied suspension.
Amendment 131 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8e – paragraph 4
Article 8e – paragraph 4
4. Where the circumstances that led to the temporary suspension of the exemption from the visa requirement are remedied before the end of the period of validity of the implementingdelegated acts adopted pursuant to paragraphs 1 and 2, the Commission shall adopt an implementing new delegated act to lift the temporary suspension in accordance with the examination procedure referred to in Article 11(2)0.
Amendment 132 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8f – Title
Article 8f – Title
Amendment 133 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8f – paragraph 1
Article 8f – paragraph 1
1. Where the grounds referred to in Article 8a persist, the Commission shall adopt, at the latest two months before the expiry of the 12-month period referred to in Article 8e(1), a delegated act in accordance with Article 10, amending Annex II to temporarily suspend the application of that Annex for a period of 24 months for all nationals of the third country concerned. That amendment shall be made by inserting a footnote next to the name of the third country in question, indicating that the exemption from the visa requirement is suspended with regard to that third country and specifying the period of that suspension. The delegated act shall take effect from the date of expiry of the implementingdelegated act referred to in Article 8e(1).
Amendment 134 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8f – paragraph 1a new
Article 8f – paragraph 1a new
1 a. The delegated act shall be accompanied by a Report to the European Parliament and the Council detailing the outcome of the enhanced dialogue with the third country concerned, the measures adopted by that third country and by the Member States concerned, and the reasons for considering that the circumstances leading to the temporary suspension have not been remedied.