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2012/0309(COD) Third countries whose nationals are subject to or exempt from a visa requirement
Next event: Commission response to text adopted in plenary 2014/05/20 more...

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE GABRIEL Mariya (icon: PPE PPE) FAJON Tanja (icon: S&D S&D), MICHEL Louis (icon: ALDE ALDE), ŽDANOKA Tatjana (icon: Verts/ALE Verts/ALE), KIRKHOPE Timothy (icon: ECR ECR), ERNST Cornelia (icon: GUE/NGL GUE/NGL)
Committee Opinion JURI
Committee Opinion AFET
Lead committee dossier:
Legal Basis:
TFEU 077-p2

Events

2014/05/20
   Commission response to text adopted in plenary
Documents
2014/05/20
   Final act published in Official Journal
Details

PURPOSE: to amend Regulation (EC) No 539/2001 to include some small Pacific islands on the positive list under the Regulation (Regulation, Annex II, list of nationals exempt from the obligation to be in possession of visas when crossing the external borders of Member States).

LEGISLATIVE ACT: Regulation (EU) No 509/2014 of the European Parliament and of the Council amending Council 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.

CONTENT: the purpose of this Regulation is to amend 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.

The main amendments concern the following issues:

Case-by-case evaluation of third countries : the determination of the third countries whose nationals are subject to, or exempt from, the visa requirement has since 2001 been made on the basis of the criteria included in recital 5 of Council Regulation (EC) No 539/2001. The evolving nature of the EU's visa policy and the increased need to ensure more coherence between visa policy and other EU policies justify that some additional criteria be taken into account when reviewing the lists of countries in Annexes I and II to Regulation (EC) No 539/2001.

The determination of the third countries whose nationals are subject to, or exempt from, the visa requirement should be governed by a considered, case-by-case assessment of a variety of criteria relating, inter alia, to 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 .

This assessment should be made periodically and could lead to legislative proposals to amend the Annexes to Regulation (EC) No 539/2001, notwithstanding the possibility of having country-specific amendments to those Annexes in particular circumstances, for instance as a result of a visa liberalisation process or as the ultimate consequence of a temporary suspension of the visa exemption.

The United Arab Emirates and other island States : the imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu is no longer justified. Those countries do not present any risk of illegal immigration or a threat to public policy and security for the Union in accordance with the criteria set out in this Regulation. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than 90 days in any 180-day period.

Peru – Colombia : the Commission should further assess the situation of Colombia and Peru with regard to the criteria set out in this Regulation before the opening of negotiations on bilateral agreements on visa waiver between the Union and those countries. Exemption from the visa requirement for nationals of Colombia, Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Peru, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor- Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.

South Sudan : this country is included in the list of countries in Annex I of the Regulation (list of countries that nationals should be in possession of a visa).

Specific provisions have also been added for British citizens living in islands of the Caribbean region who do not pose a risk in terms of irregular migration to the Schengen Area ( British overseas ).

ENTRY INTO FORCE: 09.06.2014.

2014/05/15
   CSL - Draft final act
Documents
2014/05/15
   CSL - Final act signed
2014/05/15
   EP - End of procedure in Parliament
2014/05/06
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2014/05/06
   CSL - Council Meeting
2014/03/03
   CSL - Council Meeting
2014/02/27
   EP - Results of vote in Parliament
2014/02/27
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 523 votes to 41, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement.

Parliament adopted its position at first reading under the ordinary legislative procedure. The amendments adopted in plenary were the result of an agreement negotiated between the European Parliament and the Council. They amended the Commission proposal as follows:

Case-by-case evaluation of third countries : the determination of the third countries whose nationals are subject to, or exempt from, the visa requirement has since 2001 been made on the basis of the criteria included in recital 5 of Council Regulation (EC) No 539/2001. The evolving nature of the EU's visa policy and the increased need to ensure more coherence between visa policy and other EU policies justify that some additional criteria be taken into account when reviewing the lists of countries in Annexes I and II to Regulation (EC) No 539/2001. The determination of the third countries whose nationals are subject to, or exempt from, the visa requirement should be governed by a considered, case-by-case assessment.

Applicable evaluation criteria : the determination of those third countries whose nationals are subject to or exempt from the visa requirement, should be based on a case-by-case assessment of a variety of criteria relating, inter alia, to illegal immigration, public policy and security, the economic benefits , in particular in terms of tourism and foreign trade, and the Union's external relations with the relevant third countries including, in particular, human rights and fundamental freedoms considerations, as well as the implications of regional coherence and reciprocity.

The United Arab Emirates : given that the UAE meet the criteria for visa exemption established by the regulation in question, this country is therefore included in the list in Annex II of the Regulation - the "positive" list.

Peru – Colombia : exemption from the visa requirement for nationals of Colombia and Peru (as well as a number other countries laid down in the proposal) should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity. The Commission should further assess the situation of Colombia and Peru with regard to the criteria set out in Article X before the opening of negotiations on bilateral agreements on visa waiver between the Union and those countries.

It should be noted that the legislative resolution is accompanied by several statements:

European Parliament, Council and Commission statement on the further assessment of Colombia and Peru : the European Parliament and the Council recognise the need for a further assessment of the fulfilment by Colombia and Peru of the relevant criteria before the Commission presents recommendations to the Council for decisions authorising the opening of negotiations on visa waiver agreements with those countries. The Commission commits to proceed with those assessments without delay and to transmit them to the European Parliament and to the Council as soon as possible after the entry into force of this Regulation. Commission statement on informing the European Parliament : in accordance with the Framework Agreement of 20 October 2010 on relations between the European Parliament and the European Commission, and in particular point 23 thereof, the Commission reiterates its commitment to i nform the European Parliament regularly about the conduct of negotiations on visa waiver agreements arising from the transfer of certain countries to Annex II to Regulation (EC) No 539/2001. The Commission will present updates to the relevant bodies in the European Parliament at least twice a year .

Documents
2014/02/20
   EP - Amendments tabled in committee
Documents
2014/02/20
   EP - Amendments tabled in committee
Documents
2014/02/19
   EP - Amendments tabled in committee
Documents
2013/11/08
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Mariya GABRIEL (EPP, BG) the proposal for a regulation of the European Parliament and of the Council amending regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement.

The committee recommended that the European Parliament’s position adopted at first reading, following the ordinary legislative procedure should amend the Commission proposal as follows:

United Arab Emirates (UAE) : given that the UAE fulfil the conditions laid down in the regulation for visa waiver to the same extent as the countries which are already mentioned in the text of the regulation, Members called for this country to be added to the list laid down in Annex II of the Regulation – the positive list; Peru and Colombia : to ensure regional coherence with other countries in this geographical area, Members called for the positive list to include Peru and Colombia; Determining criteria for the composition of the lists : a new Article has been added stipulating that the determination of the third countries whose nationals are subject to, or exempt from, the visa requirement shall be made on the basis of a considered, case-by-case assessment of a variety of criteria relating, inter alia, to irregular immigration, public policy and security, and the Union's external relations with the relevant third countries , including, in particular, respect of human rights and fundamental freedoms. Consideration shall also be given to the implications of regional coherence and reciprocity . Information to the European Parliament : Members requested the Commission to inform it on a regular basis about the situation with regard to the negotiations of bilateral agreements for visa exemptions, as well as about whether third countries whose nationals benefit from an exemption from the visa requirement continue to meet the criteria which led to that exemption. The Commission shall present, at least annually, a report to the European Parliament and to the Council summarising its activities and findings in that regard.

Documents
2013/10/21
   EP - Vote in committee, 1st reading/single reading
2013/07/15
   EP - Amendments tabled in committee
Documents
2013/06/11
   EP - Committee draft report
Documents
2013/01/11
   PT_PARLIAMENT - Contribution
Documents
2012/12/17
   EP - Responsible Committee
2012/11/19
   EP - Committee referral announced in Parliament, 1st reading/single reading
2012/11/07
   EC - Legislative proposal published
Details

PURPOSE: to amend Regulation (EC) No 539/2001 to include some small Pacific islands on the positive list under the Regulation (Regulation, Annex II, list of nationals exempt from the obligation to be in possession of visas when crossing the external borders of Member States).

PROPOSED ACT: Regulation of the European Parliament and of the Council.

CONTEXT: Regulation (EC) No 539/2001 lists the third countries whose nationals must be in possession of visas when crossing the external borders (the so-called negative list) and those whose nationals are exempt from that requirement (the so-called positive list).

The determination of those third countries whose nationals are subject to the visa requirement, and those exempt from it, is governed by a considered, case-by-case assessment of a variety of criteria relating inter alia to illegal immigration, public policy and security, and to the European Union's external relations with third countries or territories. Consideration is also given to the implications of regional coherence and reciprocity. In view of the criteria of public order and illegal immigration, particular attention should also be paid to the security of travel documents issued by the third countries or territories concerned.

As the criteria set out in Regulation (EC) No 539/2001 can evolve over time in relation to third countries, the composition of the negative and positive lists should be reviewed at regular intervals.

This review aims in particular to:

· ensure that the composition of the lists of third countries complies with the criteria set out in Recital 5 of the Regulation, in particular the illegal immigration and public policy criteria and the transfer of countries from one annex to another as appropriate;

· ensure that in accordance with Article 77 (2) (a) of the TFEU, the Regulation determines exhaustively whether a third-country national is to be subject to, or exempt from, the visa requirement.

As a result, a new amended version of Regulation (EC) No 539/2001 is proposed to add a certain number of States to the positive or negative list of the Regulation.

IMPACT ASSESSMENT: no impact assessment has been carried out.

LEGAL BASE: article 77, par. 2, point a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: in line with the approach taken within the framework of previous amendments to Regulation (EC) No 539/2001, it is proposed to:

· transfer some countries onto the positive list : t he imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati , Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu and Vanuatu is no longer justified . These countries do not present any risk of illegal immigration or a threat to public policy for the Union in accordance with the criteria set out in recital 5 of Regulation (EC) N° 539/2001. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to Annex II. Exemption from the visa requirement should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity .

· transfer the groups of “ British nationals ” onto the positive list : statistical data show that the groups of British nationals currently listed in point 3 of Annex I do not pose a risk in terms of irregular migration to the Schengen Area and that most of them live in islands of the Caribbean region which have strong links and similarities with neighbouring countries which are exempt from the visa obligation. These groups of British nationals should therefore be exempt from the visa requirement for stays of no more than three months in all and references to those groups should be transferred to Annex II.

· update the negative list (Annex I) by the inclusion of South Sudan: on 9 July 2011, South Sudan declared its independence from Sudan, which is on the negative list. On 14 July 2011, the country was granted membership of the United Nations. Annex I should therefore be amended so as to include South Sudan.

BUDGETARY IMPLICATIONS: the proposed amendment has no implications for the Union budget.

Documents

Activities

AmendmentsDossier
8 2012/0309(COD)
2013/07/12 LIBE 8 amendments...
source: PE-514.815

History

(these mark the time of scraping, not the official date of the change)

activities
  • date: 2012-11-07T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0650/COM_COM(2012)0650_EN.pdf title: COM(2012)0650 type: Legislative proposal published celexid: CELEX:52012PC0650:EN body: EC commission: DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs Commissioner: MALMSTRÖM Cecilia type: Legislative proposal published
  • date: 2012-11-19T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP shadows: group: S&D name: FAJON Tanja group: ALDE name: MICHEL Louis group: Verts/ALE name: ŽDANOKA Tatjana group: ECR name: KIRKHOPE Timothy group: GUE/NGL name: ERNST Cornelia responsible: True committee: LIBE date: 2012-12-17T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: GABRIEL Mariya
  • date: 2013-10-21T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP shadows: group: S&D name: FAJON Tanja group: ALDE name: MICHEL Louis group: Verts/ALE name: ŽDANOKA Tatjana group: ECR name: KIRKHOPE Timothy group: GUE/NGL name: ERNST Cornelia responsible: True committee: LIBE date: 2012-12-17T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: GABRIEL Mariya
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-0373&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0373/2013 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP shadows: group: S&D name: FAJON Tanja group: ALDE name: MICHEL Louis group: Verts/ALE name: ŽDANOKA Tatjana group: ECR name: KIRKHOPE Timothy group: GUE/NGL name: ERNST Cornelia responsible: True committee: LIBE date: 2012-12-17T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: GABRIEL Mariya date: 2013-11-08T00:00:00
  • date: 2014-02-27T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=23657&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0169 type: Decision by Parliament, 1st reading/single reading title: T7-0169/2014 body: EP type: Results of vote in Parliament
  • date: 2014-03-03T00:00:00 body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 3298
  • date: 2014-05-06T00:00:00 body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 3310
  • date: 2014-05-06T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2014-05-15T00:00:00 body: CSL type: Final act signed
  • date: 2014-05-15T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2014-05-20T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014R0509 title: Regulation 2014/509 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:149:TOC title: OJ L 149 20.05.2014, p. 0067
commission
  • body: EC dg: Migration and Home Affairs commissioner: MALMSTRÖM Cecilia
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2012-12-17T00:00:00
rapporteur
name: GABRIEL Mariya group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/0
body
EP
responsible
False
committee_full
Foreign Affairs
committee
AFET
committees/1
type
Committee Opinion
body
EP
associated
False
committee_full
Foreign Affairs
committee
AFET
opinion
False
committees/1
body
EP
responsible
False
committee_full
Legal Affairs
committee
JURI
committees/2
type
Committee Opinion
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
opinion
False
committees/2
body
EP
shadows
responsible
True
committee
LIBE
date
2012-12-17T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: PPE name: GABRIEL Mariya
council
  • body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 3310 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3310*&MEET_DATE=06/05/2014 date: 2014-05-06T00:00:00
  • body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 3298 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3298*&MEET_DATE=03/03/2014 date: 2014-03-03T00:00:00
docs
  • date: 2013-06-11T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE504.389 title: PE504.389 type: Committee draft report body: EP
  • date: 2013-07-15T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE514.815 title: PE514.815 type: Amendments tabled in committee body: EP
  • date: 2014-02-19T00:00:00 docs: title: PE529.810 type: Amendments tabled in committee body: EP
  • date: 2014-02-20T00:00:00 docs: title: PE529.824 type: Amendments tabled in committee body: EP
  • date: 2014-02-20T00:00:00 docs: title: PE529.825 type: Amendments tabled in committee body: EP
  • date: 2014-05-15T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F14&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00029/2014/LEX type: Draft final act body: CSL
  • date: 2014-05-20T00:00:00 docs: url: /oeil/spdoc.do?i=23657&j=0&l=en title: SP(2014)446 type: Commission response to text adopted in plenary
  • date: 2013-01-11T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2012)0650 title: COM(2012)0650 type: Contribution body: PT_PARLIAMENT
events
  • date: 2012-11-07T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2012/0650/COM_COM(2012)0650_EN.pdf title: COM(2012)0650 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=650 title: EUR-Lex summary: PURPOSE: to amend Regulation (EC) No 539/2001 to include some small Pacific islands on the positive list under the Regulation (Regulation, Annex II, list of nationals exempt from the obligation to be in possession of visas when crossing the external borders of Member States). PROPOSED ACT: Regulation of the European Parliament and of the Council. CONTEXT: Regulation (EC) No 539/2001 lists the third countries whose nationals must be in possession of visas when crossing the external borders (the so-called negative list) and those whose nationals are exempt from that requirement (the so-called positive list). The determination of those third countries whose nationals are subject to the visa requirement, and those exempt from it, is governed by a considered, case-by-case assessment of a variety of criteria relating inter alia to illegal immigration, public policy and security, and to the European Union's external relations with third countries or territories. Consideration is also given to the implications of regional coherence and reciprocity. In view of the criteria of public order and illegal immigration, particular attention should also be paid to the security of travel documents issued by the third countries or territories concerned. As the criteria set out in Regulation (EC) No 539/2001 can evolve over time in relation to third countries, the composition of the negative and positive lists should be reviewed at regular intervals. This review aims in particular to: · ensure that the composition of the lists of third countries complies with the criteria set out in Recital 5 of the Regulation, in particular the illegal immigration and public policy criteria and the transfer of countries from one annex to another as appropriate; · ensure that in accordance with Article 77 (2) (a) of the TFEU, the Regulation determines exhaustively whether a third-country national is to be subject to, or exempt from, the visa requirement. As a result, a new amended version of Regulation (EC) No 539/2001 is proposed to add a certain number of States to the positive or negative list of the Regulation. IMPACT ASSESSMENT: no impact assessment has been carried out. LEGAL BASE: article 77, par. 2, point a) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: in line with the approach taken within the framework of previous amendments to Regulation (EC) No 539/2001, it is proposed to: · transfer some countries onto the positive list : t he imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati , Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu and Vanuatu is no longer justified . These countries do not present any risk of illegal immigration or a threat to public policy for the Union in accordance with the criteria set out in recital 5 of Regulation (EC) N° 539/2001. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to Annex II. Exemption from the visa requirement should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity . · transfer the groups of “ British nationals ” onto the positive list : statistical data show that the groups of British nationals currently listed in point 3 of Annex I do not pose a risk in terms of irregular migration to the Schengen Area and that most of them live in islands of the Caribbean region which have strong links and similarities with neighbouring countries which are exempt from the visa obligation. These groups of British nationals should therefore be exempt from the visa requirement for stays of no more than three months in all and references to those groups should be transferred to Annex II. · update the negative list (Annex I) by the inclusion of South Sudan: on 9 July 2011, South Sudan declared its independence from Sudan, which is on the negative list. On 14 July 2011, the country was granted membership of the United Nations. Annex I should therefore be amended so as to include South Sudan. BUDGETARY IMPLICATIONS: the proposed amendment has no implications for the Union budget.
  • date: 2012-11-19T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2013-10-21T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2013-11-08T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-0373&language=EN title: A7-0373/2013 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Mariya GABRIEL (EPP, BG) the proposal for a regulation of the European Parliament and of the Council amending regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement. The committee recommended that the European Parliament’s position adopted at first reading, following the ordinary legislative procedure should amend the Commission proposal as follows: United Arab Emirates (UAE) : given that the UAE fulfil the conditions laid down in the regulation for visa waiver to the same extent as the countries which are already mentioned in the text of the regulation, Members called for this country to be added to the list laid down in Annex II of the Regulation – the positive list; Peru and Colombia : to ensure regional coherence with other countries in this geographical area, Members called for the positive list to include Peru and Colombia; Determining criteria for the composition of the lists : a new Article has been added stipulating that the determination of the third countries whose nationals are subject to, or exempt from, the visa requirement shall be made on the basis of a considered, case-by-case assessment of a variety of criteria relating, inter alia, to irregular immigration, public policy and security, and the Union's external relations with the relevant third countries , including, in particular, respect of human rights and fundamental freedoms. Consideration shall also be given to the implications of regional coherence and reciprocity . Information to the European Parliament : Members requested the Commission to inform it on a regular basis about the situation with regard to the negotiations of bilateral agreements for visa exemptions, as well as about whether third countries whose nationals benefit from an exemption from the visa requirement continue to meet the criteria which led to that exemption. The Commission shall present, at least annually, a report to the European Parliament and to the Council summarising its activities and findings in that regard.
  • date: 2014-02-27T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=23657&l=en title: Results of vote in Parliament
  • date: 2014-02-27T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0169 title: T7-0169/2014 summary: The European Parliament adopted by 523 votes to 41, with 13 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement. Parliament adopted its position at first reading under the ordinary legislative procedure. The amendments adopted in plenary were the result of an agreement negotiated between the European Parliament and the Council. They amended the Commission proposal as follows: Case-by-case evaluation of third countries : the determination of the third countries whose nationals are subject to, or exempt from, the visa requirement has since 2001 been made on the basis of the criteria included in recital 5 of Council Regulation (EC) No 539/2001. The evolving nature of the EU's visa policy and the increased need to ensure more coherence between visa policy and other EU policies justify that some additional criteria be taken into account when reviewing the lists of countries in Annexes I and II to Regulation (EC) No 539/2001. The determination of the third countries whose nationals are subject to, or exempt from, the visa requirement should be governed by a considered, case-by-case assessment. Applicable evaluation criteria : the determination of those third countries whose nationals are subject to or exempt from the visa requirement, should be based on a case-by-case assessment of a variety of criteria relating, inter alia, to illegal immigration, public policy and security, the economic benefits , in particular in terms of tourism and foreign trade, and the Union's external relations with the relevant third countries including, in particular, human rights and fundamental freedoms considerations, as well as the implications of regional coherence and reciprocity. The United Arab Emirates : given that the UAE meet the criteria for visa exemption established by the regulation in question, this country is therefore included in the list in Annex II of the Regulation - the "positive" list. Peru – Colombia : exemption from the visa requirement for nationals of Colombia and Peru (as well as a number other countries laid down in the proposal) should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity. The Commission should further assess the situation of Colombia and Peru with regard to the criteria set out in Article X before the opening of negotiations on bilateral agreements on visa waiver between the Union and those countries. It should be noted that the legislative resolution is accompanied by several statements: European Parliament, Council and Commission statement on the further assessment of Colombia and Peru : the European Parliament and the Council recognise the need for a further assessment of the fulfilment by Colombia and Peru of the relevant criteria before the Commission presents recommendations to the Council for decisions authorising the opening of negotiations on visa waiver agreements with those countries. The Commission commits to proceed with those assessments without delay and to transmit them to the European Parliament and to the Council as soon as possible after the entry into force of this Regulation. Commission statement on informing the European Parliament : in accordance with the Framework Agreement of 20 October 2010 on relations between the European Parliament and the European Commission, and in particular point 23 thereof, the Commission reiterates its commitment to i nform the European Parliament regularly about the conduct of negotiations on visa waiver agreements arising from the transfer of certain countries to Annex II to Regulation (EC) No 539/2001. The Commission will present updates to the relevant bodies in the European Parliament at least twice a year .
  • date: 2014-05-06T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2014-05-15T00:00:00 type: Final act signed body: CSL
  • date: 2014-05-15T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2014-05-20T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to amend Regulation (EC) No 539/2001 to include some small Pacific islands on the positive list under the Regulation (Regulation, Annex II, list of nationals exempt from the obligation to be in possession of visas when crossing the external borders of Member States). LEGISLATIVE ACT: Regulation (EU) No 509/2014 of the European Parliament and of the Council amending Council 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. CONTENT: the purpose of this Regulation is to amend 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. The main amendments concern the following issues: Case-by-case evaluation of third countries : the determination of the third countries whose nationals are subject to, or exempt from, the visa requirement has since 2001 been made on the basis of the criteria included in recital 5 of Council Regulation (EC) No 539/2001. The evolving nature of the EU's visa policy and the increased need to ensure more coherence between visa policy and other EU policies justify that some additional criteria be taken into account when reviewing the lists of countries in Annexes I and II to Regulation (EC) No 539/2001. The determination of the third countries whose nationals are subject to, or exempt from, the visa requirement should be governed by a considered, case-by-case assessment of a variety of criteria relating, inter alia, to 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 . This assessment should be made periodically and could lead to legislative proposals to amend the Annexes to Regulation (EC) No 539/2001, notwithstanding the possibility of having country-specific amendments to those Annexes in particular circumstances, for instance as a result of a visa liberalisation process or as the ultimate consequence of a temporary suspension of the visa exemption. The United Arab Emirates and other island States : the imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu is no longer justified. Those countries do not present any risk of illegal immigration or a threat to public policy and security for the Union in accordance with the criteria set out in this Regulation. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than 90 days in any 180-day period. Peru – Colombia : the Commission should further assess the situation of Colombia and Peru with regard to the criteria set out in this Regulation before the opening of negotiations on bilateral agreements on visa waiver between the Union and those countries. Exemption from the visa requirement for nationals of Colombia, Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Peru, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor- Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity. South Sudan : this country is included in the list of countries in Annex I of the Regulation (list of countries that nationals should be in possession of a visa). Specific provisions have also been added for British citizens living in islands of the Caribbean region who do not pose a risk in terms of irregular migration to the Schengen Area ( British overseas ). ENTRY INTO FORCE: 09.06.2014. docs: title: Regulation 2014/509 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014R0509 title: OJ L 149 20.05.2014, p. 0067 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:149:TOC
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  • body: EC dg: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs commissioner: MALMSTRÖM Cecilia
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activities/10/text
  • PURPOSE: to amend Regulation (EC) No 539/2001 to include some small Pacific islands on the positive list under the Regulation (Regulation, Annex II, list of nationals exempt from the obligation to be in possession of visas when crossing the external borders of Member States).

    LEGISLATIVE ACT: Regulation (EU) No 509/2014 of the European Parliament and of the Council amending Council 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.

    CONTENT: the purpose of this Regulation is to amend 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.

    The main amendments concern the following issues:

    Case-by-case evaluation of third countries: the determination of the third countries whose nationals are subject to, or exempt from, the visa requirement has since 2001 been made on the basis of the criteria included in recital 5 of Council Regulation (EC) No 539/2001. The evolving nature of the EU's visa policy and the increased need to ensure more coherence between visa policy and other EU policies justify that some additional criteria be taken into account when reviewing the lists of countries in Annexes I and II to Regulation (EC) No 539/2001.

    The determination of the third countries whose nationals are subject to, or exempt from, the visa requirement should be governed by a considered, case-by-case assessment of a variety of criteria relating, inter alia, to 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.

    This assessment should be made periodically and could lead to legislative proposals to amend the Annexes to Regulation (EC) No 539/2001, notwithstanding the possibility of having country-specific amendments to those Annexes in particular circumstances, for instance as a result of a visa liberalisation process or as the ultimate consequence of a temporary suspension of the visa exemption.

    The United Arab Emirates and other island States: the imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu is no longer justified. Those countries do not present any risk of illegal immigration or a threat to public policy and security for the Union in accordance with the criteria set out in this Regulation. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than 90 days in any 180-day period.

    Peru – Colombia: the Commission should further assess the situation of Colombia and Peru with regard to the criteria set out in this Regulation before the opening of negotiations on bilateral agreements on visa waiver between the Union and those countries. Exemption from the visa requirement for nationals of Colombia, Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Peru, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor- Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.

    South Sudan: this country is included in the list of countries in Annex I of the Regulation (list of countries that nationals should be in possession of a visa).

    Specific provisions have also been added for British citizens living in islands of the Caribbean region who do not pose a risk in terms of irregular migration to the Schengen Area (British overseas).

    ENTRY INTO FORCE: 09.06.2014.

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2012-12-17T00:00:00
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  • group: GUE/NGL name: ERNST Cornelia
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  • group: GUE/NGL name: ERNST Cornelia
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2014-03-11T00:00:00
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2012-11-07T00:00:00
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  • PURPOSE: to amend Regulation (EC) No 539/2001 to include some small Pacific islands on the positive list under the Regulation (Regulation, Annex II, list of nationals exempt from the obligation to be in possession of visas when crossing the external borders of Member States).

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    CONTEXT: Regulation (EC) No 539/2001 lists the third countries whose nationals must be in possession of visas when crossing the external borders (the so-called negative list) and those whose nationals are exempt from that requirement (the so-called positive list).

    The determination of those third countries whose nationals are subject to the visa requirement, and those exempt from it, is governed by a considered, case-by-case assessment of a variety of criteria relating inter alia to illegal immigration, public policy and security, and to the European Union's external relations with third countries or territories. Consideration is also given to the implications of regional coherence and reciprocity. In view of the criteria of public order and illegal immigration, particular attention should also be paid to the security of travel documents issued by the third countries or territories concerned.

    As the criteria set out in Regulation (EC) No 539/2001 can evolve over time in relation to third countries, the composition of the negative and positive lists should be reviewed at regular intervals.

    This review aims in particular to:

    ·        ensure that the composition of the lists of third countries complies with the criteria set out in Recital 5 of the Regulation, in particular the illegal immigration and public policy criteria and the transfer of countries from one annex to another as appropriate;

    ·        ensure that in accordance with Article 77 (2) (a) of the TFEU, the Regulation determines exhaustively whether a third-country national is to be subject to, or exempt from, the visa requirement.

    As a result, a new amended version of Regulation (EC) No 539/2001 is proposed to add a certain number of States to the positive or negative list of the Regulation.

    IMPACT ASSESSMENT: no impact assessment has been carried out.

    LEGAL BASE: article 77, par. 2, point a) of the Treaty on the Functioning of the European Union (TFEU).

    CONTENT: in line with the approach taken within the framework of previous amendments to Regulation (EC) No 539/2001, it is proposed to:

    ·        transfer some countries onto the positive list: the imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu and Vanuatu is no longer justified. These countries do not present any risk of illegal immigration or a threat to public policy for the Union in accordance with the criteria set out in recital 5 of Regulation (EC) N° 539/2001. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to Annex II. Exemption from the visa requirement should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.

    ·        transfer the groups of British nationals onto the positive list: statistical data show that the groups of British nationals currently listed in point 3 of Annex I do not pose a risk in terms of irregular migration to the Schengen Area and that most of them live in islands of the Caribbean region which have strong links and similarities with neighbouring countries which are exempt from the visa obligation. These groups of British nationals should therefore be exempt from the visa requirement for stays of no more than three months in all and references to those groups should be transferred to Annex II.

    ·        update the negative list (Annex I) by the inclusion of South Sudan: on 9 July 2011, South Sudan declared its independence from Sudan, which is on the negative list. On 14 July 2011, the country was granted membership of the United Nations. Annex I should therefore be amended so as to include South Sudan.

    BUDGETARY IMPLICATIONS: the proposed amendment has no implications for the Union budget.

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PE504.389
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COM(2012)0650
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  • The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Mariya GABRIEL (EPP, BG) the proposal for a regulation of the European Parliament and of the Council amending regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement.

    The committee recommended that the European Parliament’s position adopted at first reading, following the ordinary legislative procedure should amend the Commission proposal as follows:

    • United Arab Emirates (UAE): given that the UAE fulfil the conditions laid down in the regulation for visa waiver to the same extent as the countries which are already mentioned in the text of the regulation, Members called for this country to be added to the list laid down in Annex II of the Regulation – the positive list;
    • Peru and Colombia: to ensure regional coherence with other countries in this geographical area, Members called for the positive list to include Peru and Colombia;
    • Determining criteria for the composition of the lists: a new Article has been added stipulating that the determination of the third countries whose nationals are subject to, or exempt from, the visa requirement shall be made on the basis of a considered, case-by-case assessment of a variety of criteria relating, inter alia, to irregular immigration, public policy and security, and the Union's external relations with the relevant third countries, including, in particular, respect of human rights and fundamental freedoms. Consideration shall also be given to the implications of regional coherence and reciprocity.
    • Information to the European Parliament: Members requested the Commission to inform it on a regular basis about the situation with regard to the negotiations of bilateral agreements for visa exemptions, as well as about whether third countries whose nationals benefit from an exemption from the visa requirement continue to meet the criteria which led to that exemption. The Commission shall present, at least annually, a report to the European Parliament and to the Council summarising its activities and findings in that regard.
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  • type: Committee report tabled for plenary, 1st reading/single reading title: A7-0373/2013
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  • group: S&D name: FAJON Tanja
  • group: ALDE name: MICHEL Louis
  • group: Verts/ALE name: ŽDANOKA Tatjana
  • group: ECR name: KIRKHOPE Timothy
  • group: GUE/NGL name: ERNST Cornelia
committees/2/shadows
  • group: S&D name: FAJON Tanja
  • group: ALDE name: MICHEL Louis
  • group: Verts/ALE name: ŽDANOKA Tatjana
  • group: ECR name: KIRKHOPE Timothy
  • group: GUE/NGL name: ERNST Cornelia
activities/0/docs/0/text/0
Old

PURPOSE: to amend Regulation (EC) No 539/2001 to include some small Pacific islands on the positive list under the Regulation (Regulation, Annex II, list of nationals exempt from the obligation to be in possession of visas when crossing the external borders of Member States).

PROPOSED ACT: Regulation of the European Parliament and of the Council.

CONTEXT: Regulation (EC) No 539/2001 lists the third countries whose nationals must be in possession of visas when crossing the external borders (the so-called negative list) and those whose nationals are exempt from that requirement (the so-called positive list).

The determination of those third countries whose nationals are subject to the visa requirement, and those exempt from it, is governed by a considered, case-by-case assessment of a variety of criteria relating inter alia to illegal immigration, public policy and security, and to the European Union's external relations with third countries or territories. Consideration is also given to the implications of regional coherence and reciprocity. In view of the criteria of public order and illegal immigration, particular attention should also be paid to the security of travel documents issued by the third countries or territories concerned.

As the criteria set out in Regulation (EC) No 539/2001 can evolve over time in relation to third countries, the composition of the negative and positive lists should be reviewed at regular intervals.

This review aims in particular to:

·        ensure that the composition of the lists of third countries complies with the criteria set out in Recital 5 of the Regulation, in particular the illegal immigration and public policy criteria and the transfer of countries from one annex to another as appropriate;

·        ensure that in accordance with Article 77 (2) (a) of the TFEU, the Regulation determines exhaustively whether a third-country national is to be subject to, or exempt from, the visa requirement.

As a result, a new amended version of Regulation (EC) No 539/2001 is proposed to add a certain number of States to the positive or negative list of the Regulation.

IMPACT ASSESSMENT: no impact assessment has been carried out.

LEGAL BASE: article 77, par. 2, point a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: in line with the approach taken within the framework of previous amendments to Regulation (EC) No 539/2001, it is proposed to:

·        transfer some countries onto the positive list: the imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu and Vanuatu is no longer justified. These countries do not present any risk of illegal immigration or a threat to public policy for the Union in accordance with the criteria set out in recital 5 of Regulation (EC) N° 539/2001. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to Annex II. Exemption from the visa requirement should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.

·        transfer the groups of British nationals onto the positive list: statistical data show that the groups of British nationals currently listed in point 3 of Annex I do not pose a risk in terms of irregular migration to the Schengen Area and that most of them live in islands of the Caribbean region which have strong links and similarities with neighbouring countries which are exempt from the visa obligation. These groups of British nationals should therefore be exempt from the visa requirement for stays of no more than three months in all and references to those groups should be transferred to Annex II.

·        update the negative list (Annex I) by the inclusion of South Sudan: on 9 July 2011, South Sudan declared its independence from Sudan, which is on the negative list. On 14 July 2011, the country was granted membership of the United Nations. Annex I should therefore be amended so as to include South Sudan.

BUDGETARY IMPLICATIONS: the proposed amendment has no implications for the Union budget.

New

PURPOSE: to amend Regulation (EC) No 539/2001 to include some small Pacific islands on the positive list under the Regulation (Regulation, Annex II, list of nationals exempt from the obligation to be in possession of visas when crossing the external borders of Member States).

PROPOSED ACT: Regulation of the European Parliament and of the Council.

CONTEXT: Regulation (EC) No 539/2001 lists the third countries whose nationals must be in possession of visas when crossing the external borders (the so-called negative list) and those whose nationals are exempt from that requirement (the so-called positive list).

The determination of those third countries whose nationals are subject to the visa requirement, and those exempt from it, is governed by a considered, case-by-case assessment of a variety of criteria relating inter alia to illegal immigration, public policy and security, and to the European Union's external relations with third countries or territories. Consideration is also given to the implications of regional coherence and reciprocity. In view of the criteria of public order and illegal immigration, particular attention should also be paid to the security of travel documents issued by the third countries or territories concerned.

As the criteria set out in Regulation (EC) No 539/2001 can evolve over time in relation to third countries, the composition of the negative and positive lists should be reviewed at regular intervals.

This review aims in particular to:

·        ensure that the composition of the lists of third countries complies with the criteria set out in Recital 5 of the Regulation, in particular the illegal immigration and public policy criteria and the transfer of countries from one annex to another as appropriate;

·        ensure that in accordance with Article 77 (2) (a) of the TFEU, the Regulation determines exhaustively whether a third-country national is to be subject to, or exempt from, the visa requirement.

As a result, a new amended version of Regulation (EC) No 539/2001 is proposed to add a certain number of States to the positive or negative list of the Regulation.

IMPACT ASSESSMENT: no impact assessment has been carried out.

LEGAL BASE: article 77, par. 2, point a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: in line with the approach taken within the framework of previous amendments to Regulation (EC) No 539/2001, it is proposed to:

·        transfer some countries onto the positive list: the imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu and Vanuatu is no longer justified. These countries do not present any risk of illegal immigration or a threat to public policy for the Union in accordance with the criteria set out in recital 5 of Regulation (EC) N° 539/2001. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to Annex II. Exemption from the visa requirement should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.

·        transfer the groups of British nationals onto the positive list: statistical data show that the groups of British nationals currently listed in point 3 of Annex I do not pose a risk in terms of irregular migration to the Schengen Area and that most of them live in islands of the Caribbean region which have strong links and similarities with neighbouring countries which are exempt from the visa obligation. These groups of British nationals should therefore be exempt from the visa requirement for stays of no more than three months in all and references to those groups should be transferred to Annex II.

·        update the negative list (Annex I) by the inclusion of South Sudan: on 9 July 2011, South Sudan declared its independence from Sudan, which is on the negative list. On 14 July 2011, the country was granted membership of the United Nations. Annex I should therefore be amended so as to include South Sudan.

BUDGETARY IMPLICATIONS: the proposed amendment has no implications for the Union budget.

procedure/type
Old
COD - Ordinary legislative procedure (ex-codecision)
New
COD - Ordinary legislative procedure (ex-codecision procedure)
activities/1/committees/2/date
2012-12-17T00:00:00
activities/1/committees/2/rapporteur
  • group: EPP name: GABRIEL Mariya
committees/2/date
2012-12-17T00:00:00
committees/2/rapporteur
  • group: EPP name: GABRIEL Mariya
activities/0/docs/0/text
  • PURPOSE: to amend Regulation (EC) No 539/2001 to include some small Pacific islands on the positive list under the Regulation (Regulation, Annex II, list of nationals exempt from the obligation to be in possession of visas when crossing the external borders of Member States).

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    CONTEXT: Regulation (EC) No 539/2001 lists the third countries whose nationals must be in possession of visas when crossing the external borders (the so-called negative list) and those whose nationals are exempt from that requirement (the so-called positive list).

    The determination of those third countries whose nationals are subject to the visa requirement, and those exempt from it, is governed by a considered, case-by-case assessment of a variety of criteria relating inter alia to illegal immigration, public policy and security, and to the European Union's external relations with third countries or territories. Consideration is also given to the implications of regional coherence and reciprocity. In view of the criteria of public order and illegal immigration, particular attention should also be paid to the security of travel documents issued by the third countries or territories concerned.

    As the criteria set out in Regulation (EC) No 539/2001 can evolve over time in relation to third countries, the composition of the negative and positive lists should be reviewed at regular intervals.

    This review aims in particular to:

    ·        ensure that the composition of the lists of third countries complies with the criteria set out in Recital 5 of the Regulation, in particular the illegal immigration and public policy criteria and the transfer of countries from one annex to another as appropriate;

    ·        ensure that in accordance with Article 77 (2) (a) of the TFEU, the Regulation determines exhaustively whether a third-country national is to be subject to, or exempt from, the visa requirement.

    As a result, a new amended version of Regulation (EC) No 539/2001 is proposed to add a certain number of States to the positive or negative list of the Regulation.

    IMPACT ASSESSMENT: no impact assessment has been carried out.

    LEGAL BASE: article 77, par. 2, point a) of the Treaty on the Functioning of the European Union (TFEU).

    CONTENT: in line with the approach taken within the framework of previous amendments to Regulation (EC) No 539/2001, it is proposed to:

    ·        transfer some countries onto the positive list: the imposition of the visa requirement on the nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu and Vanuatu is no longer justified. These countries do not present any risk of illegal immigration or a threat to public policy for the Union in accordance with the criteria set out in recital 5 of Regulation (EC) N° 539/2001. Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than three months in all and references to those countries should be transferred to Annex II. Exemption from the visa requirement should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.

    ·        transfer the groups of British nationals onto the positive list: statistical data show that the groups of British nationals currently listed in point 3 of Annex I do not pose a risk in terms of irregular migration to the Schengen Area and that most of them live in islands of the Caribbean region which have strong links and similarities with neighbouring countries which are exempt from the visa obligation. These groups of British nationals should therefore be exempt from the visa requirement for stays of no more than three months in all and references to those groups should be transferred to Annex II.

    ·        update the negative list (Annex I) by the inclusion of South Sudan: on 9 July 2011, South Sudan declared its independence from Sudan, which is on the negative list. On 14 July 2011, the country was granted membership of the United Nations. Annex I should therefore be amended so as to include South Sudan.

    BUDGETARY IMPLICATIONS: the proposed amendment has no implications for the Union budget.

activities/0/body
Old
EP
New
EC
activities/0/commission
  • DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Home Affairs Commissioner: MALMSTRÖM Cecilia
activities/0/docs
  • url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0650/COM_COM(2012)0650_EN.pdf celexid: CELEX:52012PC0650:EN type: Legislative proposal published title: COM(2012)0650
activities/0/type
Old
EP officialisation
New
Legislative proposal
activities/1
date
2012-11-07T00:00:00
docs
url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0650/COM_COM(2012)0650_EN.pdf title: COM(2012)0650 type: Legislative proposal published celexid: CELEX:52012PC0650:EN
type
Legislative proposal
body
EC
commission
DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Home Affairs Commissioner: MALMSTRÖM Cecilia
activities
  • body: EP date: 2012-11-07T00:00:00 type: EP officialisation
  • date: 2012-11-07T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0650/COM_COM(2012)0650_EN.pdf title: COM(2012)0650 type: Legislative proposal published celexid: CELEX:52012PC0650:EN body: EC commission: DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Home Affairs Commissioner: MALMSTRÖM Cecilia type: Legislative proposal
  • date: 2012-11-19T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
National parliaments
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/dgs/home-affairs/ title: Home Affairs commissioner: MALMSTRÖM Cecilia
procedure
dossier_of_the_committee
LIBE/7/11156
reference
2012/0309(COD)
instrument
Regulation
legal_basis
Treaty on the Functioning of the EU TFEU 077-p2
stage_reached
Awaiting Parliament 1st reading / single reading / budget 1st stage
summary
Amending Regulation (EC) No 539/2001
subtype
Legislation
title
Visas: third countries whose nationals are subject to or exempt from a visa requirement
type
COD - Ordinary legislative procedure (ex-codecision)
subject
7.10.04 External borders crossing and controls, visas