Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | DÍAZ DE MERA GARCÍA CONSUEGRA Agustín ( PPE) | SIPPEL Birgit ( S&D), MACOVEI Monica ( ECR), JEŽEK Petr ( ALDE), VALERO Bodil ( Verts/ALE), VON STORCH Beatrix ( EFDD) |
Committee Opinion | AFET |
Lead committee dossier:
Legal Basis:
TFEU 077-p2
Legal Basis:
TFEU 077-p2Events
The Commission submitted its first report under the mechanism for the visa suspension mechanism.
This report follows up on the Commission's duty to monitor the continuous fulfilment of visa liberalisation requirements by third countries and to report on those matters to the European Parliament and the Council, at least once a year in accordance with Regulation (EC) No 539/2001 .
The assessment of the visa liberalisation benchmarks applies to countries which have successfully concluded visa liberalisation dialogues according to relevant action plans and roadmaps, i.e. the countries of the Western Balkans (Albania, Former Yugoslav Republic of Macedonia, Bosnia - Herzegovina, Montenegro, Serbia) and the Eastern Partnership (Moldova, Georgia, Ukraine).
The Commission considers that the visa liberalisation requirements for the concerned countries continue to be fulfilled :
the Western Balkan and Eastern Partnership countries continued to take measures to address the still persisting irregular migration challenges, in particular Albania. Cooperation on readmission continues smoothly for all Western Balkan and Eastern Partnership visa-free countries with overall high return rates; on the other hand, as regards the prevention and fight against organised crime , despite continuous efforts, organised crime groups from these countries are still active in trafficking in illicit fire arms, property crime and trafficking of various illicit commodities (in particular drugs and tobacco), money laundering, trafficking in human beings, smuggling of migrants and cybercrime in EU Member States. Efforts in this respect need to be strengthened; as regards the prevention and fight against corruption and money laundering , Moldova needs to take immediate actions to ensure the continuous implementation of the benchmark and the sustainability of the reforms and Ukraine also needs to take immediate actions to safeguard anti-corruption measures introduced with previous reforms and to allow further progress to be made.
Implementation of the visa liberalisation benchmarks is a continuous ongoing process. The Commission will report again to the European Parliament and the Council on the continuous fulfilment of visa liberalisation requirements by third countries in 2018.
PURPOSE: to revise the suspension mechanism of 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.
LEGISLATIVE ACT: Regulation (EU) 2017/371 of the European Parliament and of the Council of 1 March 2017 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 (revision of the suspension mechanism).
CONTENT: Regulation (EC) No 539/2001 lists the third countries whose citizens are required to be in possession of visas when crossing the external borders of the Member States and the list of countries whose nationals are exempt from this requirement.
With this regulation, it is planned to strengthen the mechanism allowing the temporary suspension of the exemption from the visa requirement in regard to citizens of third countries on the list in Annex II of Regulation (EC) No 539/2001, by making it easier for the Member States to notify circumstances leading to a possible suspension and empowering the Commission to initiate the suspension mechanism on its own initiative.
Suspension of the exemption from the visa requirement: by way of derogation from Article 1(2) of Regulation (EC) No 539/2001, the exemption from the visa requirement for nationals of a third country listed in Annex II of the regulation shall be temporarily suspended as a last resort , based on strict and objective data, such as the following:
a substantial increase , i.e. exceeding a threshold of 50% (or even less, if the Commission considers it necessary) in the number of nationals of that third country refused entry or found to be staying in the Member State's territory without a right thereto; a substantial increase in the number of asylum applications from the nationals of that third country for which the recognition rate is low (around 3 or 4% maximum or less if the Commission considers this applicable); a decrease of cooperation on readmission with that third country , substantiated by adequate data, in particular a substantial increase in the refusal rate of readmission applications submitted by the Member State to that third country for its own nationals; an increase of risks or imminent threat to public policy or internal security of Member States , in particular a substantial increase of serious criminal offences, related to nationals of that third country, substantiated by objective, concrete and relevant information and data provided by competent authorities.
Before taking any decision on suspension, the Commission should take into account the human rights situation in that third country and the possible consequences of a suspension of the visa exemption for that situation.
Notification: the notification of suspension 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. The Member State concerned may in its notification specify which categories of nationals of the third country should be covered, indicating the detailed reasons therefor. The Commission shall inform the European Parliament and the Council.
Justifying decisions: there are provisions allowing the Commission to take the necessary measures once it has concrete and reliable information taking into account relevant data, reports and statistics, of circumstances justifying the decision on exemption (e.g. (i) refusal or lack of timely processing of readmission requests, (ii) failure to issue travel documents for return, etc.).
The Commission shall inform the European Parliament and the Council promptly, of its analysis.
Monitoring the criteria used in the visa liberalisation with third countries scheme: the Commission shall monitor the continuous fulfilment of the specific requirements that were used to assess the appropriateness of a visa liberalisation by the third countries whose nationals are exempt from the visa requirement when travelling to the territory of Member States.
The Commission shall report regularly to the European Parliament and the Council at least once a year, for a period of seven years after the entry into force of visa liberalisation for that third country , or thereafter when the Commission considers it necessary or upon request by the European Parliament or the Council. The report shall focus on third countries for which the Commission considers, based on concrete and reliable information, that certain requirements are no longer fulfilled. Where a report of the Commission shows that one or more of the specific requirements is no longer fulfilled in relation to a particular third country, certain measures shall apply.
Mechanism for the application of the suspension of visa exemption: the Commission, on the basis of examination and analysis, and taking into account the consequences of a suspension of the exemption from the visa requirement for the external relations of the Union and its Member States with the third country concerned, may take the prescribed measures while working in close cooperation with that third country to find alternative long-term solutions .
These measures may also be taken where a simple majority of Member States have notified the Commission of circumstances referred to above.
Implementing act: the Commission shall adopt an implementing act temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned for a period of nine months . The suspension shall apply to certain categories of nationals of the third country concerned, by reference to the information available, and the Commission will try to efficiently contribute to addressing the circumstances justifying the suspension, while respecting the principle of proportionality. It shall adopt the implementing act within one month of being made aware of the relevant information and in accordance with the criteria set out in the Regulation.
That implementing act shall be adopted in accordance with the examination procedure and shall determine the date on which the suspension of the exemption from the visa requirement is to take effect.
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.
Delegated act: to ensure the adequate involvement of the European Parliament and of the Council in the application of the suspension mechanism, given the particularly sensitive political nature of the suspension of the exemption from the visa requirement for all the nationals of a third country listed in Annex II to Regulation (EC) No 539/2001 and its horizontal implications for the Member States, the Schengen associated countries and the Union itself, in particular for their external relations and for the overall functioning of the Schengen area, the power to adopt acts in accordance with Article 290 of the Treaty of the Functioning of the European Union is delegated to the Commission in respect of the temporary suspension of the exemption of the visa requirement for the nationals of the third countries concerned. The Commission should carry out appropriate consultations during its preparatory work, including at expert level, and the European Parliament and the Council should receive all documents at the same time and be informed before the decision is taken.
Accordingly, if the circumstances justifying the first suspension of nine months persist, the Commission may adopt a delegated act at the latest two months prior to the expiry of the nine-month period, temporarily suspending the application of Annex II for a period of 18 months for all the nationals of the third country concerned .
This may be extended by 6 months in the particular circumstances set out in the Regulation.
During the periods of the suspension the nationals of the third country concerned shall be required to be in possession of a visa when crossing the external borders of the Member States.
The Commission’s power to adopt a delegated act will depend on:
- either the reciprocity mechanism provided for in Regulation (EC) No 539/2001 and will be conferred on the Commission until 9.1.2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of this period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period;
- or the suspension mechanism : the power to adopt delegated acts shall be conferred on the Commission for a period of five years from 28.3.2017. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
The Council or the European Parliament may revoke the delegation of power at any time.
Specific provisions are envisaged for the entry into force of the various delegated acts.
Implementation reports:
- by 10 January 2018, the Commission shall submit a report to the European Parliament and to the Council assessing the effectiveness of the reciprocity mechanism provided for in the regulation and shall, if necessary, submit a legislative proposal for amending this Regulation which will be adopted according to the ordinary legislative procedure.
- by 29 March 2021, the Commission shall submit a report to the European Parliament and to the Council assessing the effectiveness of the suspension mechanism provided for and shall, if necessary, submit a legislative proposal for amending this Regulation. The European Parliament and the Council shall act on such a proposal by the ordinary legislative procedure.
ENTRY INTO FORCE: 28.3.2017. The regulation is directly applicable in all Member States concerned by the measure.
The European Parliament adopted by 485 votes to 132 with 21 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 (revision of the suspension mechanism).
The European Parliament’s position adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows:
Suspension of the exemption from the visa requirement : it is proposed that, by way of derogation from Article 1(2) of Regulation (EC) No 539/2001, the exemption from the visa requirement for nationals of a third country listed in Annex II of the Regulation shall be temporarily suspended as a last resort , based on strict and objective data, such as the following:
a substantial increase in the number of nationals of that third country refused entry or found to be staying in the Member State's territory without a right thereto; a substantial increase in the number of asylum applications from the nationals of that third country for which the recognition rate is low (around 3 or 4% maximum or less if the Commission considers this applicable); a decrease of cooperation on readmission with that third country , substantiated by adequate data, in particular a substantial increase in the refusal rate of readmission applications submitted by the Member State to that third country for its own nationals; an increase of risks or imminent threat to public policy or internal security of Member States , in particular a substantial increase of serious criminal offences, related to nationals of that third country, substantiated by objective, concrete and relevant information and data provided by competent authorities.
A ‘substantial increase’ indicates an increase exceeding a threshold of 50 %, or a lower increase if the Commission deems it applicable.
Before taking any decision on suspension, the Commission should take into account the situation of human rights in that third country and the possible consequences of a suspension of the visa exemption for that situation.
Notification: the notification of suspension 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. The Member State concerned may in its notification specify which categories of nationals of the third country should be covered, indicating the detailed reasons therefor. The Commission shall inform the European Parliament and the Council.
Justifying decisions : there are provisions allowing the Commission to take the necessary measures once it has concrete and reliable information taking into account relevant data, reports and statistics, of circumstances justifying the decision on exemption.
The Commission shall inform the European Parliament and the Council promptly, of its analysis.
Monitoring the criteria used in the visa liberalisation with third countries scheme : it is provided that the Commission shall monitor the continuous fulfilment of the specific requirements that were used to assess the appropriateness of a visa liberalisation by the third countries whose nationals are exempt from the visa requirement when travelling to the territory of Member States.
The Commission shall report regularly to the European Parliament and the Council at least once a year, for a period of seven years after the entry into force of visa liberalisation for that third country , or thereafter when the Commission considers it necessary or upon request by the European Parliament or the Council. The report shall focus on third countries for which the Commission considers, based on concrete and reliable information, that certain requirements are no longer fulfilled. Where a report of the Commission shows that one or more of the specific requirements is no longer fulfilled in relation to a particular third country, certain measures shall apply.
Mechanism for the application of the suspension of visa exemption : the Commission, on the basis of examination and analysis, and taking into account the consequences of a suspension of the exemption from the visa requirement for the external relations of the Union and its Member States with the third country concerned, may take the prescribed measures while working in close cooperation with that third country to find alternative long-term solutions .
These measures may also be taken where a simple majority of Member States have notified the Commission of circumstances referred to above.
Implementing act : the Commission shall adopt an implementing act temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned for a period of nine months. The suspension shall apply to certain categories of nationals of the third country concerned, by reference to the information available, and the Commission will try to efficiently contribute to addressing the circumstances justifying the suspension, while respecting the principle of proportionality. It shall adopt the implementing act within one month of being made aware of the relevant information and in accordance with the criteria set out in the Regulation.
That implementing act shall be adopted in accordance with the examination procedure and shall determine the date on which the suspension of the exemption from the visa requirement is to take effect.
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.
Delegated act : in order to ensure the adequate involvement of the European Parliament and of the Council in the application of the suspension mechanism, given the particularly sensitive political nature of the suspension of the exemption from the visa requirement for all the nationals of a third country listed in Annex II to Regulation (EC) No 539/2001 and its horizontal implications for the Member States, the Schengen associated countries and the Union itself, in particular for their external relations and for the overall functioning of the Schengen area, the power to adopt acts in accordance with Article 290 of the Treaty of the Functioning of the European Union is delegated to the Commission in respect of the temporary suspension of the exemption of the visa requirement for the nationals of the third countries concerned. The Commission should carry out appropriate consultations during its preparatory work, including at expert level, and the European Parliament and the Council should receive all documents at the same time and be informed before the decision is taken.
Accordingly, if the circumstances justifying the first suspension of nine months persist, the Commission may adopt a delegated act at the latest two months prior to the expiry of the nine-month period, temporarily suspending the application of Annex II for a period of 18 months for all the nationals of the third country concerned.
This may be extended by 6 months in the particular circumstances set out in the Regulation.
During the periods of the suspension the nationals of the third country concerned shall be required to be in possession of a visa when crossing the external borders of the Member States.
The power to adopt delegated acts shall be conferred on the Commission for a period of five years from entry into force of the Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
The Council or the European Parliament may revoke the delegation of power at any time. A delegated act shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.
Information for Parliament : before the end of the period of validity of the delegated act, the Commission, shall submit a report to the European Parliament and to the Council, accompanied by a legislative proposal for amending the Regulation in order to transfer the reference to the third country concerned from Annex II to Annex I (third country under a visa obligation).
Implementation report : 4 years after the entry into force of the Regulation, the Commission shall submit a report to the European Parliament and to the Council assessing the effectiveness of the suspension mechanism and shall, if necessary, submit a legislative proposal for amending this Regulation. The European Parliament and the Council shall act on such a proposal by the ordinary legislative procedure.
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Agustín DÍAZ DE MERA GARCÍA CONSUEGRA (EPP, ES) 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 (revision of the suspension mechanism).
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:
Suspend the exemption from the visa requirement : it is proposed that, by way of derogation from Article 1(2) of Regulation (EC) No 539/2001, the exemption from the visa requirement for nationals of a third country listed in Annex II of the Regulation shall be temporarily suspended as a last resort, based on strict and objective data, for instance in cases where there is an increased risk or imminent threat to the public policy or internal security of Member States.
Examine the situation of human rights in the country concerned : the Commission should, before taking any decision to temporarily suspend a visa exemption for nationals of a third country, examine the situation of human rights in that third country. A robust set of guarantees and measures are needed to protect human rights, along with reports and statistics supplied by the European agencies and the competent law enforcement authorities.
Delegation of power : in order to ensure the adequate involvement of the European Parliament and of the Council in the application of the suspension mechanism, given the particularly sensitive political nature of the suspension of the exemption from the visa requirement for all the nationals of a third country listed in Annex II to Regulation (EC) No 539/2001 and its horizontal implications for the Member States, it is proposed that power should be delegated to the Commission to adopt acts in accordance with Article 290 of the Treaty of the Functioning of the European Union in respect of the decision temporarily suspending the application of Annex II to Regulation (EC) No 539/2001 in relation to the third country concerned.
Conferring such power on the Commission takes into account the need for political discussion on the Union policy on visas in the Schengen area . It should also reflect also the need to ensure adequate transparency and legal certainty in the application of the suspension mechanism to all the nationals of the third country concerned.
Against this background, the Commission should carry out appropriate consultations during its preparatory work, including at expert level and keep the European Parliament and the Council duly informed.
The delegated act shall determine a date on which the suspension of the application is to take effect. That amendment shall be made through inserting next to the name of the third country in question a footnote indicating that the exemption from the visa requirement is suspended.
Monitoring of the evaluation criteria used to assess visa liberalisation by third countries : the Commission shall monitor the continuous fulfilment of the specific criteria which were used to assess the appropriateness of a visa liberalisation by the third countries whose nationals are exempt from the visa requirement when travelling to the territory of Member States as a result of a successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country. The report shall focus on third countries for which the Commission considers, based on concrete and reliable information, that certain criteria are no longer fulfilled.
PURPOSE: to revise the suspension mechanism of 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.
PROPOSED ACT: Regulation of European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Council Regulation (EC) No 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.
The Regulation is part of the EU's common visa policy for short stays of up to 90 days in any 180-day period.
Suspension mechanism : the suspension mechanism in Article 1a of Regulation (EC) No 539/2001 allows the temporary suspension of the visa exemption for nationals of a third country in certain emergency situations, as a last resort . It can be triggered by any Member State by notifying the Commission that it is confronted, over a six-month period, in comparison with the same period in the previous year or with the last six months prior to the visa liberalisation of that country, with circumstances leading to an emergency situation which the Member State in question cannot remedy on its own. These circumstances are namely a substantial and sudden increase in the number of:
nationals of that third country found to be illegally overstaying in the Member State in question; unfounded asylum applications from the nationals of that third country, where such increase is leading to specific pressures on the Member State’s asylum system; rejected readmission applications submitted by the Member State to that third country for its own nationals.
The Commission may decide that action is needed, taking into account the consequences of the suspension of the visa exemption for the external relations of the Union and its Member States with the third country concerned, while working in close cooperation with that third country to find alternative long-term solutions.
In that case, the Commission has three months from the receipt of the notification to adopt an implementing act temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned, for a period of six months.
Before the expiry of this six-month period, the Commission must submit a report to the European Parliament and the Council. This report may be accompanied by a legislative proposal to amend Regulation (EC) No 539/2001 to transfer the third country in question to the list of visa-required countries (Annex I), and thus to put its citizens permanently under the visa requirement. In such case, the temporary suspension of the visa waiver may be extended by a maximum period of 12 months .
Migration crisis : in the context of the current migratory situation in the European Union and of the successful conclusion of several visa liberalisation dialogues with neighbouring countries ( Georgia , Ukraine , Kosovo , Turkey ), several Member States have questioned whether the existing visa suspension mechanism provides for the necessary flexibility to act in certain situations of urgency.
In particular they have argued that:
the possible grounds for suspension are too limited, and for instance do not include the failure of a third country to cooperate on readmission of third-country nationals having transited through that third country, where a readmission agreement concluded between the Union or a Member State and the third country concerned provides for such a readmission obligation; the initiative to trigger the suspension mechanism by means of a notification, which in the Regulation lies solely with Member States, should be extended to Commission; the reference periods and the deadlines are too long , which does not allow for a fast reaction in emergency situations. Taking into account the Commission's recent proposals for visa liberalisation of Georgia, Ukraine, Turkey and Kosovo and the recent discussions with Member States, the Commission has decided to present a proposal to amend Regulation (EC) No 539/2001 to revise the current suspension mechanism.
This is the aim of this proposal.
CONTENT: the main objective is to strengthen the suspension mechanism by making it easier for Member States to notify circumstances leading to a possible suspension and by enabling the Commission to trigger the mechanism on its own initiative.
This proposal for the revision of the suspension mechanism includes the following elements:
The definition of the circumstances which Member States can notify to the Commission has been amended to clarify that the suspension mechanism cannot only be used in "emergency situations, as a last resort", but more generally in case the visa liberalisation leads to a serious increase of irregular migration , unfounded asylum applications or rejected readmission applications .
The reference period for comparing this situation with the situation of the previous year or before visa liberalisation, is shortened from six to two months . It is sufficient for the increase of irregular migration, unfounded asylum applications or rejected readmission applications to be "substantial", whereas the increase must currently be "sudden and substantial".
The grounds for possible suspension which can be notified should include rejected readmission applications for nationals of another third country having transited through that third country , where a readmission agreement concluded between the Union or a Member State and the third country concerned provides for such a readmission obligation.
Other salient issues :
- the limitation in time (to seven years) of the possibility to compare the current situation with the situation before visa liberalisation is abolished;
- the Commission is given the possibility to trigger the suspension mechanism on its own initiative if it has concrete and reliable information of any of the circumstances which Member States can notify or that the third country is – in a more general manner – not cooperating on readmission, in particular where an EU-level readmission agreement has been concluded with that third country. This failure to cooperate can, for instance, consist in: (i) rejecting or not replying to readmission applications, (ii) failing to issue travel documents for the purposes of return within deadlines specified in the agreement or not accepting European travel documents issued following the lapse of deadlines specified in the agreement, (iii) terminating or suspending the agreement. – Where the Commission, after having examined the circumstances notified (or of which it has received concrete and reliable information), decides that action is needed, the deadline for the adoption of the implementing act temporarily suspending the visa exemption for the third country concerned is reduced from three to one month .
Territorial provisions : the proposed Regulation constitutes a development of provisions of the Schengen acquis. Therefore, the United Kingdom and Ireland shall not participate in the adoption of the Regulation, nor shall it be bound or subject to its application.
The amended Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
PURPOSE: to revise the suspension mechanism of 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.
PROPOSED ACT: Regulation of European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: Council Regulation (EC) No 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.
The Regulation is part of the EU's common visa policy for short stays of up to 90 days in any 180-day period.
Suspension mechanism : the suspension mechanism in Article 1a of Regulation (EC) No 539/2001 allows the temporary suspension of the visa exemption for nationals of a third country in certain emergency situations, as a last resort . It can be triggered by any Member State by notifying the Commission that it is confronted, over a six-month period, in comparison with the same period in the previous year or with the last six months prior to the visa liberalisation of that country, with circumstances leading to an emergency situation which the Member State in question cannot remedy on its own. These circumstances are namely a substantial and sudden increase in the number of:
nationals of that third country found to be illegally overstaying in the Member State in question; unfounded asylum applications from the nationals of that third country, where such increase is leading to specific pressures on the Member State’s asylum system; rejected readmission applications submitted by the Member State to that third country for its own nationals.
The Commission may decide that action is needed, taking into account the consequences of the suspension of the visa exemption for the external relations of the Union and its Member States with the third country concerned, while working in close cooperation with that third country to find alternative long-term solutions.
In that case, the Commission has three months from the receipt of the notification to adopt an implementing act temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned, for a period of six months.
Before the expiry of this six-month period, the Commission must submit a report to the European Parliament and the Council. This report may be accompanied by a legislative proposal to amend Regulation (EC) No 539/2001 to transfer the third country in question to the list of visa-required countries (Annex I), and thus to put its citizens permanently under the visa requirement. In such case, the temporary suspension of the visa waiver may be extended by a maximum period of 12 months .
Migration crisis : in the context of the current migratory situation in the European Union and of the successful conclusion of several visa liberalisation dialogues with neighbouring countries ( Georgia , Ukraine , Kosovo , Turkey ), several Member States have questioned whether the existing visa suspension mechanism provides for the necessary flexibility to act in certain situations of urgency.
In particular they have argued that:
the possible grounds for suspension are too limited, and for instance do not include the failure of a third country to cooperate on readmission of third-country nationals having transited through that third country, where a readmission agreement concluded between the Union or a Member State and the third country concerned provides for such a readmission obligation; the initiative to trigger the suspension mechanism by means of a notification, which in the Regulation lies solely with Member States, should be extended to Commission; the reference periods and the deadlines are too long , which does not allow for a fast reaction in emergency situations. Taking into account the Commission's recent proposals for visa liberalisation of Georgia, Ukraine, Turkey and Kosovo and the recent discussions with Member States, the Commission has decided to present a proposal to amend Regulation (EC) No 539/2001 to revise the current suspension mechanism.
This is the aim of this proposal.
CONTENT: the main objective is to strengthen the suspension mechanism by making it easier for Member States to notify circumstances leading to a possible suspension and by enabling the Commission to trigger the mechanism on its own initiative.
This proposal for the revision of the suspension mechanism includes the following elements:
The definition of the circumstances which Member States can notify to the Commission has been amended to clarify that the suspension mechanism cannot only be used in "emergency situations, as a last resort", but more generally in case the visa liberalisation leads to a serious increase of irregular migration , unfounded asylum applications or rejected readmission applications .
The reference period for comparing this situation with the situation of the previous year or before visa liberalisation, is shortened from six to two months . It is sufficient for the increase of irregular migration, unfounded asylum applications or rejected readmission applications to be "substantial", whereas the increase must currently be "sudden and substantial".
The grounds for possible suspension which can be notified should include rejected readmission applications for nationals of another third country having transited through that third country , where a readmission agreement concluded between the Union or a Member State and the third country concerned provides for such a readmission obligation.
Other salient issues :
- the limitation in time (to seven years) of the possibility to compare the current situation with the situation before visa liberalisation is abolished;
- the Commission is given the possibility to trigger the suspension mechanism on its own initiative if it has concrete and reliable information of any of the circumstances which Member States can notify or that the third country is – in a more general manner – not cooperating on readmission, in particular where an EU-level readmission agreement has been concluded with that third country. This failure to cooperate can, for instance, consist in: (i) rejecting or not replying to readmission applications, (ii) failing to issue travel documents for the purposes of return within deadlines specified in the agreement or not accepting European travel documents issued following the lapse of deadlines specified in the agreement, (iii) terminating or suspending the agreement. – Where the Commission, after having examined the circumstances notified (or of which it has received concrete and reliable information), decides that action is needed, the deadline for the adoption of the implementing act temporarily suspending the visa exemption for the third country concerned is reduced from three to one month .
Territorial provisions : the proposed Regulation constitutes a development of provisions of the Schengen acquis. Therefore, the United Kingdom and Ireland shall not participate in the adoption of the Regulation, nor shall it be bound or subject to its application.
The amended Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Documents
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2017)0480
- Follow-up document: COM(2017)0815
- Follow-up document: EUR-Lex
- Commission response to text adopted in plenary: SP(2017)131
- Final act published in Official Journal: Regulation 2017/371
- Final act published in Official Journal: OJ L 061 08.03.2017, p. 0001
- Draft final act: 00058/2016/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0508/2016
- Debate in Parliament: Debate in Parliament
- Contribution: COM(2016)0290
- Committee report tabled for plenary, 1st reading: A8-0235/2016
- Amendments tabled in committee: PE585.487
- Contribution: COM(2016)0290
- Contribution: COM(2016)0290
- Contribution: COM(2016)0290
- Committee draft report: PE584.091
- Debate in Council: 3465
- Legislative proposal: COM(2016)0290
- Legislative proposal: EUR-Lex
- Legislative proposal published: COM(2016)0290
- Legislative proposal published: EUR-Lex
- Legislative proposal: COM(2016)0290 EUR-Lex
- Committee draft report: PE584.091
- Amendments tabled in committee: PE585.487
- Draft final act: 00058/2016/LEX
- Commission response to text adopted in plenary: SP(2017)131
- Follow-up document: COM(2017)0815 EUR-Lex
- Follow-up document: EUR-Lex SWD(2017)0480
- Contribution: COM(2016)0290
- Contribution: COM(2016)0290
- Contribution: COM(2016)0290
- Contribution: COM(2016)0290
Activities
- Agustín DÍAZ DE MERA GARCÍA CONSUEGRA
Plenary Speeches (2)
- Petr JEŽEK
Plenary Speeches (2)
- 2016/11/22 Third countries whose nationals are subject to or exempt from a visa requirement: revision of the suspension mechanism (A8-0235/2016 - Agustín Díaz de Mera García Consuegra)
- 2016/11/22 Third countries whose nationals are subject to or exempt from a visa requirement: revision of the suspension mechanism (debate)
- Monica MACOVEI
Plenary Speeches (2)
- 2016/11/22 Third countries whose nationals are subject to or exempt from a visa requirement: revision of the suspension mechanism (A8-0235/2016 - Agustín Díaz de Mera García Consuegra) RO
- 2016/11/22 Third countries whose nationals are subject to or exempt from a visa requirement: revision of the suspension mechanism (debate) RO
- Andrejs MAMIKINS
Plenary Speeches (2)
- 2016/11/22 Third countries whose nationals are subject to or exempt from a visa requirement: revision of the suspension mechanism (A8-0235/2016 - Agustín Díaz de Mera García Consuegra)
- 2016/11/22 Third countries whose nationals are subject to or exempt from a visa requirement: revision of the suspension mechanism (debate)
- Notis MARIAS
Plenary Speeches (2)
- 2016/11/22 Third countries whose nationals are subject to or exempt from a visa requirement: revision of the suspension mechanism (A8-0235/2016 - Agustín Díaz de Mera García Consuegra) EL
- 2016/11/22 Third countries whose nationals are subject to or exempt from a visa requirement: revision of the suspension mechanism (debate) EL
- Ioan Mircea PAŞCU
Plenary Speeches (2)
- Claudia ȚAPARDEL
Plenary Speeches (2)
- 2016/11/22 Third countries whose nationals are subject to or exempt from a visa requirement: revision of the suspension mechanism (A8-0235/2016 - Agustín Díaz de Mera García Consuegra) RO
- 2016/11/22 Third countries whose nationals are subject to or exempt from a visa requirement: revision of the suspension mechanism (debate) RO
- Marina ALBIOL GUZMÁN
- Jean ARTHUIS
- Marie-Christine ARNAUTU
- Jonathan ARNOTT
- Hugues BAYET
- Xabier BENITO ZILUAGA
- José BLANCO LÓPEZ
- Marie-Christine BOUTONNET
- Renata BRIANO
- Enrique CALVET CHAMBON
- Alain CADEC
- Nicola CAPUTO
- Anna Maria CORAZZA BILDT
- Andi CRISTEA
- Pál CSÁKY
- Javier COUSO PERMUY
- Edward CZESAK
- Michel DANTIN
- Rachida DATI
- Angélique DELAHAYE
- Isabella DE MONTE
- Gérard DEPREZ
- Mireille D'ORNANO
- Georgios EPITIDEIOS
- Edouard FERRAND
- Mariya GABRIEL
- Doru-Claudian FRUNZULICĂ
- Elena GENTILE
- Ana GOMES
- Bruno GOLLNISCH
- Tania GONZÁLEZ PEÑAS
- Nathalie GRIESBECK
- Marian HARKIN
- Ivan JAKOVČIĆ
- Philippe JUVIN
- Barbara KAPPEL
- Bernd KÖLMEL
- Béla KOVÁCS
- Constance LE GRIP
- Giovanni LA VIA
- Bernd LUCKE
- Paloma LÓPEZ BERMEJO
- Vladimír MAŇKA
- Ivana MALETIĆ
- Dominique MARTIN
- Valentinas MAZURONIS
- Louis MICHEL
- Bernard MONOT
- Marlene MIZZI
- Sophie MONTEL
- Franz OBERMAYR
- Marijana PETIR
- Miroslav POCHE
- Franck PROUST
- Claude ROLIN
- Tokia SAÏFI
- Jill SEYMOUR
- Maria Lidia SENRA RODRÍGUEZ
- Siôn SIMON
- Monika SMOLKOVÁ
- Davor ŠKRLEC
- Joachim STARBATTY
- Helga STEVENS
- Patricija ŠULIN
- Eleftherios SYNADINOS
- Tibor SZANYI
- Dubravka ŠUICA
- Timothy Charles Ayrton TANNOCK
Plenary Speeches (1)
- Pavel TELIČKA
- Ivica TOLIĆ
- Ulrike TREBESIUS
- Mylène TROSZCZYNSKI
- Kazimierz Michał UJAZDOWSKI
- Ángela VALLINA
- Marie-Christine VERGIAT
- Daniele VIOTTI
- Miguel VIEGAS
- Cecilia WIKSTRÖM
- Anna ZÁBORSKÁ
- Jana ŽITŇANSKÁ
Votes
A8-0235/2016 - Agustín Díaz de Mera García Consuegra - Résolution législative #
Amendments | Dossier |
51 |
2016/0142(COD)
2016/07/04
LIBE
51 amendments...
Amendment 10 #
Proposal for a regulation Citation 1 a (new) – having regard to the Protocol (No. 1) of the Treaty on the Functioning of the European Union on the role of national Parliaments in the European Union,
Amendment 11 #
Proposal for a regulation Citation 1 a (new) – having regard to Article 290 of the TFEU on delegated acts,
Amendment 12 #
Proposal for a regulation Citation 1 b (new) – whereas any modification of 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 must be made under the ordinary legislative procedure (codecision) involving Parliament,
Amendment 13 #
Proposal for a regulation Citation 1 b (new) – having regard to Protocol (No 2) of the Treaty on the Functioning of the European Union (TFEU) on the application of the principles of subsidiarity and proportionality,
Amendment 14 #
Proposal for a regulation Recital 2 Amendment 15 #
Proposal for a regulation 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 of that regulation ("the suspension mechanism") should be strengthened by making it easier for Member States to notify circumstances leading to a possible suspension and by enabling the Commission and/or the European Parliament to trigger the mechanism on its own initiative. The active involvement of the European Parliament and of the Council must be guaranteed throughout the procedure, including during the preparation of the delegated acts.
Amendment 16 #
Proposal for a regulation Recital 3 Amendment 17 #
Proposal for a regulation Recital 3 (3) In particular, the use of the mechanism should be facilitated by shortening reference periods and deadlines allowing for a faster procedure and by extending the possible grounds of suspension, which should include a substantial increase in the number of rejected readmission applications for third- country nationals having transited through the third country concerned, where a readmission agreement concluded between the Union or a Member State and that third country provides for such a readmission obligation. The Commission should also be able to trigger the mechanism in case the third country fails to cooperate on readmission, in particular where a readmission agreement has been concluded between the third country concerned and the Union, as well as in the situation if the Commission, following its evaluation, considers that a third country has stepped away from the accomplished benchmarks which were fulfilled in the framework of the visa liberalization dialogue, upon which the visa-free regime was granted.
Amendment 18 #
Proposal for a regulation Recital 3 (3) In particular, the use of the mechanism should be facilitated by shortening reference periods and deadlines allowing for a faster procedure and by extending the possible grounds of suspension, which should include a substantial increase in the number of
Amendment 19 #
Proposal for a regulation Recital 3 (3) In particular, the use of the mechanism should be facilitated by shortening reference periods and deadlines allowing for a faster procedure and by
Amendment 20 #
Proposal for a regulation Recital 3 a (new) (3a) Considering that it is essential that the criteria used to grant visa exemption continued to be fulfilled after the exemption is granted and over time , the European Commission shall closely monitor the third countries’ compliance with these benchmarks, in particular the respect of fundamental rights and regularly report to the Council and the European Parliament.
Amendment 21 #
Proposal for a regulation Recital 3 a (new) (3a) The circumstances mentioned in this Regulation for which the EU would be enabled to respond must nevertheless be accompanied by a robust set of guarantees and measures to protect human rights, along with reports and statistics supplied by the European agencies and the competent law enforcement authorities.
Amendment 22 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EC) No 539/2001 Article 1a – paragraph 1 (1)
Amendment 23 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 (1) in paragraph 1 the following is
Amendment 24 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 539/2001 Article 1a – paragraph 2 – introductory part ‘2. A Member State may notify the Commission if it is confronted, over a
Amendment 25 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 539/2001 Article 1a – paragraph 2 – introductory part « 2. A Member State may notify the Commission if it is confronted, over a
Amendment 26 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 539/2001 Article 1a – paragraph 2 – introductory part “2. A Member State may notify the Commission if it is confronted, over a
Amendment 27 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 (a) a substantial increase in the number of nationals of that third country
Amendment 28 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 539/2001 Article 1a – paragraph 2 – point b Amendment 29 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 539/2001 Article 1a – paragraph 2 – point b Amendment 30 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 539/2001 Article 1a – paragraph 2 – point c Amendment 31 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 539/2001 Article 1a – paragraph 2 – point c (c) a substantial increase in the number of rejected readmission applications submitted by the Member State to that third country for its own nationals
Amendment 32 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 539/2001 Article 1a – paragraph 2 – point c (c) a decrease of cooperation on readmission with that third country, in particular a substantial increase in the
Amendment 33 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 539/2001 Article 1a – paragraph 2 – point c (c) a substantial increase in the number of
Amendment 34 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 539/2001 Article 1a – paragraph 2 – point c a (new) (ca) a substantial increase in the number of nationals of that third country who are found not to meet the conditions governing entry into the Schengen area as set out in Article 5 of Regulation (EC) No 562/2006 (Schengen Code).
Amendment 35 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 539/2001 Article 1a – paragraph 2 – point c a (new) Amendment 36 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 539/2001 Article 1a – paragraph 2 – point c a (new) (ca) an increase of risks to the internal security of Member States, in particular a substantial increase of terrorist offences related to that third country.
Amendment 37 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 539/2001 Article 1a – paragraph 2 – point c a (new) (ca) the presence of nationals of the third country concerned who pose a threat to the internal security and public order of the Member State in question.
Amendment 38 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 (cb) a substantial increase in the number of forged, false or invalid passports or identity or travel documents issued or supposedly issued by that third country.
Amendment 39 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 539/2001 Article 1a – paragraph 2 – subparagraph 2 The notification
Amendment 40 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 539/2001 Article 1a – paragraph 2 a (new) Amendment 41 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 539/2001 Article 1a – paragraph 2 a 2a.
Amendment 42 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 539/2001 Article 1a – paragraph 2 a – introductory part “2a. Where the Commission has concrete and reliable information of circumstances referred to in points (a), (b) or (c) of paragraph 2, or that the third country is not cooperating on readmission, in particular where a readmission agreement has been concluded between that third country and a Member State, or that third country and the Union, for instance:
Amendment 43 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 539/2001 Article 1a – paragraph 2 a – introductory part « 2a. Where the Commission has concrete and reliable information of circumstances referred to in points (a), (b), (c) or (
Amendment 44 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 539/2001 Article 1a – paragraph 2 a – introductory part « 2a. Where the Commission has concrete and reliable information of circumstances referred to in point
Amendment 45 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 539/2001 Article 1a – paragraph 2 a – indent 1 Amendment 46 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 539/2001 Article 1a – paragraph 2 a – indent 2 Amendment 47 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 539/2001 Article 1a – paragraph 2 a – indent 3 Amendment 48 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 539/2001 Article 1a – paragraph 2 a – concluding part the Commission
Amendment 49 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EC) No 539/2001 Article 1a – paragraph 2 a – concluding part the Commission
Amendment 50 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 a (new) Regulation (EC) No 539/2001 Article 1a – paragraph 2 b (new) (3a) The following paragraph is inserted: ‘(2b) By way of derogation from paragraph 3 and the first subparagraph of paragraph 4, where the Commission has been notified by a simple majority of Member States, the Commission shall, within one month from the notification, adopt an implementing act temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned for a period of six months. The implementing act shall be adopted in accordance with the examination procedure referred to in Article 4a(2). The implementing act shall determine the date on which the suspension of the exemption from the visa requirement is to take effect.’
Amendment 51 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 539/2001 Article 1a – paragraph 3 – point b (b) the number of Member States affected by any of the situations described in paragraphs 2 and 2a, taking account of the disparities in the situation in the Member States of the Union as regards, in particular, the implementation of the common European asylum system and the consequences of applying Article 10 of Regulation (EC) No 343/2003;
Amendment 52 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 539/2001 Article 1a – paragraph 3 – point b (b) the
Amendment 53 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 539/2001 Article 1a – paragraph 3 – point c (c) the overall impact of the increases referred to in paragraph 2 on the migratory situation in the Union as it appears from the data provided by the Member States, Eurostat and competent international organisations or available to the Commission;
Amendment 54 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 539/2001 Article 1a – paragraph 3 – point d (d) the reports prepared by the
Amendment 55 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 539/2001 Article 1a – paragraph 3 – point e (e) the
Amendment 56 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 a (new) Regulation (EC) No 539/2001 Article 1a – paragraph 3 a (new) Amendment 57 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 539/2001 Article 1a – paragraph 4 Amendment 58 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 539/2001 Article 1a – paragraph 4 (5) in paragraph 4,
Amendment 59 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 a (new) Regulation (EC) No 539/2001 Article 1a – paragraph 4 (i) The circumstances mentioned in this Regulation for which the EU would be enabled to respond must nevertheless be accompanied by a robust set of guarantees and measures to protect human rights, along with reports and statistics supplied by the European agencies and the competent law enforcement authorities.
Amendment 60 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 a (new) Regulation (EC) No 539/2001 Article 1a – paragraph 4 (5a) The following is added in the second subparagraph of paragraph 4: ‘A Member State which, in accordance with Article 4 of this Regulation, wishes to introduce new exceptions to the visa requirement for a category of nationals of the third country covered by the delegated act suspending the exemption from the visa requirement shall notify the Commission in advance.’
source: 585.487
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