The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Erik MARQUARDT (Greens/EFA, DE) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1806, 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 (Kuwait, Qatar).

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Exemption from the visa requirement

Members consider that nationals of Ecuador, Kuwait, Oman and Qatar should be exempted from the visa requirement for stays of up to 90 days in a period of 180 days and that references to these countries should be transferred to Annex II of Regulation (EU) 2018/1806.

Negotiations on the bilateral visa waiver agreement should only start once a moratorium on the death penalty has been introduced in Kuwait.

As regards Oman and Ecuador , the visa waiver :

- would apply from the date of entry into force of a visa waiver agreement to be concluded with the EU;

- apply only to holders of biometric passports issued in accordance with International Civil Aviation Organisation (ICAO) standards.

Negotiations on the bilateral visa waiver agreement should only start three months after the entry into force of the amending regulation, following the positive assessment by the Commission of a set of criteria set out in Article 1 of Regulation (EU) 2018/1806.

Human rights dialogue

The amended text stresses that a genuine official human rights dialogue with Kuwait, Qatar and Oman should take place at least on an annual basis, the outcome of which should be reported to Parliament.

This dialogue should lead to tangible improvements and achievements in areas such as labour and workers' rights, including the rights of migrant workers and their access to compensation schemes and programmes, women's rights, LGBTQ+ rights, gender equality, freedom of religion, prohibition of torture, freedom of expression, freedom of the media, right of assembly and prohibition of the death penalty, and should include input from independent civil society actors.

The bilateral visa waiver agreements concluded with the EU should include explicit and concrete commitments to this effect.

With regard to Ecuador , the human rights dialogue established with the EU should continue and lead to further improvements and achievements, in particular with regard to prison conditions, the rights of women and girls, the rights of indigenous peoples and human rights defenders, as well as refugee protection in the country.

According to the report, the Commission should monitor the human rights situation in third countries whose nationals are exempt from the visa requirement and report regularly to Parliament. Bilateral visa waiver agreements to be concluded with the EU should provide for annual evaluation by the Commission of the implementation of their provisions, in particular as regards human rights and security.

Following the model of the current process as new generation agreements under Regulation (EU) 2018/1806, the Commission should promptly assess the situation of other third countries potentially eligible for visa exemption.

PURPOSE: to amend Regulation (EU) 2018/1806 listing the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States and those whose nationals are exempt from that requirement (Kuwait, Qatar).

PROPOSED ACT: Regulation of the 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: Regulation (EU) 2018/1806 lists the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States and those whose nationals are exempt from that requirement. It is applied by all Member States except Ireland, as well as by Iceland, Liechtenstein, Norway and Switzerland. The Regulation is part of the EU's common visa policy for short stays of 90 days in any 180-day period.

Kuwait and Qatar present low risks for irregular migration to the EU and issue biometric passports in line with the standards of the International Civil Aviation Organisation. In recent years, security cooperation with these countries has intensified. As regards economic interests, Kuwait and Qatar are important economic partners for the EU, particularly in the field of energy.

Although challenges remain in the area of human rights and fundamental freedoms, Kuwait and Qatar have undergone societal transformations and improvements regarding women’s rights, labour rights and freedom of religion and interfaith dialogue and are expected to continue making progress and reforms. The long-term benefits of visa-free travel to the EU can reinforce positive trends in these areas.

In the context of the strengthening of overall relations between the EU and the Gulf, the EU should pursue a more strategic orientation with this region by developing a stronger, comprehensive and multi-sector partnership. Visa-free status plays a key role in promoting the partnership between both regions.

CONTENT: the Commission proposes to amend Regulation (EU) 2018/1806 by transferring the reference to Kuwait and Qatar from Annex I (list of third countries whose nationals must be in possession of visas when crossing the external borders of the Member States) to Annex II (list of third countries whose nationals are exempt from the visa requirement when crossing the external borders of the Member States for stays of no more than 90 days in any given 180-day period).