PURPOSE: to allow Ukrainian nationals to be exempt from the requirement to hold a visa when travelling in EU Member States.

LEGISLATIVE ACT: Regulation (EU) 2017/850 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 and those whose nationals are exempt from that requirement (Ukraine).

CONTENT: the Regulation amends Council Regulation No 539/2001 , transferring Ukraine from Annex I (country whose nationals must be in possession of a visa to enter the Schengen area) to Annex II (countries whose nationals are exempt from visa). It therefore provides for a visa waiver for Ukrainian nationals travelling to the EU for short stays of 90 days within any 180-day period.

That visa waiver should apply only to holders of biometric passports issued by Ukraine in line with the standards of the International Civil Aviation Organisation (ICAO).

The Regulation stated that Ukraine has met all the benchmarks set out in the visa liberalisation action plan presented to the Ukrainian Government in November 2010, and therefore fulfils the relevant criteria for its citizens to be exempted from the visa requirement when travelling to the territory of Member States.

The Commission will monitor Ukraine's continuous fulfilment of these criteria , particularly with regard to the fight against organised crime and corruption.

The Regulation constitutes a development of the provisions of the Schengen acquis. It will not apply in the case of Ireland and the United Kingdom.

ENTRY INTO FORCE: 11.6.2017

The European Parliament adopted by 251 votes to 75, with 36 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 and those whose nationals are exempt from that requirement (Ukraine).

A proposal to reject the Council proposal, submitted by the EFDD group, was rejected in plenary by 85 votes to 520, with 23 abstentions.

The European Parliament adopted its position at first reading following the ordinary legislative procedure, taking over the Commission proposal.

This proposal seeks to amend Regulation (EC) No 539/2001 in order to allow Ukrainian nationals to be exempt from the requirement to hold a visa when travelling in EU Member States.

A recital stated that Ukraine has met all the benchmarks set out in the Visa Liberalisation Action Plan presented to the Ukrainian Government in November 2010, and therefore fulfils the relevant criteria for its citizens to be exempted from the visa requirement when travelling to the territory of Member States.

It is also stated that the continuous fulfilment by Ukraine of such criteria, especially on the fight against organised crime and corruption, will be duly monitored by the Commission.

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Mariya GABRIEL (EPP, BG) 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 and those whose nationals are exempt from that requirement (Ukraine).

The committee recommended the European Parliament to adopt its position at first reading, taking over the Commission proposal .

In the explanatory memorandum attached to the draft legislative resolution, the rapporteur welcomed the Commission proposal and stressed the need for close monitoring of the visa liberalisation dialogue.

The rapporteur pointed out that the current refusal rate for EU visas for Ukrainian citizens is below 2%. Moreover, the EU-Ukraine readmission agreement on the return of irregular migrants is one of the most effective readmission agreements with a return rate of over 80%, demonstrating an excellent degree of cooperation in this area that makes it possible to mitigate migration risks.

The rapporteur stated that, by voting in favour of this Commission proposal, the European Parliament will be confirming the principle whereby every country that meets all the benchmarks can benefit from visa liberalisation, while pointing out that the criteria which led to this liberalisation must continue to be met after the decision has entered into force. The European Union’s credibility and reliability as a partner for third countries, and particularly for neighbouring countries that have embarked on a European course, depend on compliance with this method. This method reflects the respect given to the rule of law and the pre-eminence of law and international law as a fundamental principle of the European Union, including in the context of the illegal annexation of the Autonomous Republic of Crimea and the city of Sebastopol by the Russian Federation.

In conclusion, taking into account the consideration of the criteria set out in the visa liberalisation action plan and the significance of visa liberalisation for European and Ukrainian citizens, the rapporteur recommended the Parliament to support this proposal.

PURPOSE: to amend Council Regulation (EC) n° 539/2001 in order to allow Ukrainian nationals to be exempt from the requirement to hold a visa when travelling in EU Member States.

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

ROLE OF THE EUROPEAN PARLIAMENT: Parliament decides in accordance with the ordinary legislative procedure on an equal footing with Council.

BACKGROUND: Council Regulation (EC) n° 539/2001 lists the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States and those whose nationals are exempt from that requirement. It is applied by all Member States – with the exception of Ireland and the United Kingdom – and also by Iceland, Liechtenstein, Norway and Switzerland. The Regulation is part of the EU's common visa policy for short stays of 90 days within any 180-day period.

Ukraine is currently listed on Annex I to Regulation (EC) No 539/2001 , i.e. among those countries whose nationals are required to hold a visa when travelling to the territory of EU Member States.

The EU-Ukraine Visa Liberalisation Dialogue was launched in October 2008. In November 2010, the European Commission presented the Ukrainian Government with an action plan on visa liberalisation . The plan is structured around four 'blocks': document security, including biometrics (block I), migration and integrated border management, including asylum (block II), public order and security (block III), and external relations and fundamental rights (block IV).

Before the start of the Visa Liberalisation Dialogue, the EU and Ukraine had concluded in parallel a visa facilitation agreement and a readmission agreement , which entered into force on 1 January 2008.

Since the launch of the EU-Ukraine Visa Liberalisation Dialogue, the Commission has reported regularly to the European Parliament and to the Council on Ukraine's progress towards fulfilling the benchmarks identified under the four blocks under the action plan’s first and second phases. Based on regular assessments, the Commission confirmed that Ukraine had met all the benchmarks for each of the four blocks of the second phase of the action plan. It also took note of the progress made by the Ukrainian authorities to implement the required reforms under the action plan.

Furthermore, the Commission has taken note that the implementation of the Visa Facilitation and Readmission Agreements was overall very satisfactory.

CONTENT: the Commission proposes to amend Regulation (EC) No 539/2001 by transferring Ukraine from Annex I (list of visa-required countries) to Annex II (list of visa-free countries). A footnote will be added specifying that the visa waiver will be limited to holders of biometric passports issued in line with standards of the International Civil Aviation Organisation (ICAO). The proposed regulation will constitute a development of the Schengen acquis. Accordingly, the United Kingdom and Ireland are not taking part in the adoption of this Regulation and are not bound by it or subject to its application.

The amended Regulation will be directly applicable from its entry into force and will be implemented immediately by Member States. No implementation plan is necessary.

The Commission will continue to actively monitor Ukraine's continuous implementation of all benchmarks under the four blocks of the VLAP through the existing association structures and dialogues, and, if necessary, through ad hoc follow-up mechanisms.