Awaiting Parliament 1st reading / single reading / budget 1st stage
Role | Committee | Rapporteur | Shadows |
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Opinion | AFET | ||
Lead | LIBE | DÍAZ DE MERA GARCÍA CONSUEGRA Agustín (EPP) |
Legal Basis TFEU 077-p2
Activites
- 2016/07/18 Committee report tabled for plenary, 1st reading/single reading
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2016/07/07
Committee decision to open interinstitutional negotiations with report adopted in committee
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2016/07/07
Vote in committee, 1st reading/single reading
- #3465
- 2016/05/20 Council Meeting
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2016/05/12
Committee referral announced in Parliament, 1st reading/single reading
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2016/05/04
Legislative proposal published
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COM(2016)0290
summary
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.
- DG {'url': 'http://ec.europa.eu/dgs/home-affairs/', 'title': 'Migration and Home Affairs'}, AVRAMOPOULOS Dimitris
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COM(2016)0290
summary
Documents
- Legislative proposal published: COM(2016)0290
- Debate in Council: 3465
- Committee report tabled for plenary, 1st reading/single reading: A8-0235/2016
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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History
(these mark the time of scraping, not the official date of the change)
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