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 States 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.