Activites

• 2016/12/15 Vote in plenary scheduled
• 2016/12/14 Debate in plenary scheduled
• 2016/07/18 Committee report tabled for plenary, 1st reading/single reading
  • A8-0235/2016 summary

    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.

• 2016/07/07 Committee decision to open interinstitutional negotiations with report adopted in committee
• 2016/07/07 Vote in committee, 1st reading/single reading
• #3465
• 2016/05/20 Council Meeting
  • 3465
• 2016/05/12 Committee referral announced in Parliament, 1st reading/single reading
• 2016/05/04 Legislative proposal published
  • 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

Documents

• Legislative proposal published: COM(2016)0290
• Debate in Council: 3465
• Committee report tabled for plenary, 1st reading/single reading: A8-0235/2016

History

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