Events
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.
Committee report tabled for plenary, 1st reading/single reading
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).
Legislative proposal
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).
Legislative proposal
Documents
- Committee report tabled for plenary, 1st reading: A9-0288/2022
- Document attached to the procedure: Go to the pageEur-Lex
- Document attached to the procedure: SWD(2022)0129
- Legislative proposal: COM(2022)0189
- Legislative proposal: Go to the pageEur-Lex
- Legislative proposal published: COM(2022)0189
- Legislative proposal published: Go to the page Eur-Lex
- Document attached to the procedure: Go to the pageEur-Lex SWD(2022)0129
- Legislative proposal: COM(2022)0189 Go to the pageEur-Lex
Amendments | Dossier |
44 |
2022/0135(COD)
2022/10/18
LIBE
44 amendments...
Amendment 10 #
Proposal for a regulation Recital 3 (3)
Amendment 11 #
Proposal for a regulation Recital 3 (3) Kuwait and Qatar present low risks of irregular migration to the Union and issue biometric passports in line with standards of the International Civil Aviation Organisation. Security cooperation with those countries has intensified in recent years. As regards economic interests, Kuwait and Qatar are
Amendment 12 #
Proposal for a regulation Recital 3 (3) While Kuwait and Qatar present low risks of irregular migration to the Union
Amendment 13 #
Proposal for a regulation Recital 3 a (new) (3 a) Furthermore, an official and encompassing human rights and security dialogue should be pursued with Kuwait and Qatar, which should take place at least on an annual basis. This dialogue should lead to significant and tangible improvements and achievements, in particular in the field of gender equality, LGBTQ+ rights, worker's and labour rights, freedom of religion, freedom of speech, media freedom, the abolishment of the death penalty, prohibition of torture and the right to assembly. The security aspect of the dialogue should in particular focus on cooperation on combatting terrorism. The bilateral agreements on visa waiver between the Union and Kuwait and between the Union and Qatar should include explicit and concrete commitments to these aims.
Amendment 14 #
Proposal for a regulation Recital 3 a (new) (3 a) according to the International Labour Organisation (ILO) and the International trade Union Confederation (ITUC) Qatar is the first country in the region to adopt a non-discriminatory minimum wage and other Gulf countries should follow Qatar’s lead in regularising their labour systems, including the freedom of movement of workers and the dismantling of the kafala; * Annual progress report on the technical cooperation programme agreed between the Governement of Qatar and the ILO - 7th October 2019
Amendment 15 #
Proposal for a regulation Recital 3 a (new) (2a) In view of all the above elements, it should be pointed out that, by facilitating people-to-people contacts and helping to strengthen political, economic, research, educational, cultural and social exchanges, visa-free travel is an important element of the EU’s opening up to the Gulf countries.
Amendment 16 #
Proposal for a regulation Recital 3 a (new) (3 a) Moreover the Kafala system migrant workers the basic human right to freedom of movement. The employer controls the mobility of the worker under the sponsorship system, through withholding their passport and legal control over their ability to change employment and exit from the country.
Amendment 17 #
Proposal for a regulation Recital 3 b (new) (3 b) The bilateral agreements on visa waiver between the Union and Kuwait and the Union and Qatar should also be evaluated on an annual basis by the Commission, with regards to the potential progress and achievements within the human rights and security dimension as referred to in paragraph 3a, as well as other relevant improvements linked to the reciprocal exemption of the visa requirement. The Commission shall also transmit this evaluation in a timely manner to the European Parliament and to the Council.
Amendment 18 #
Proposal for a regulation Recital 3 b (new) (3 b) Considering that this cruel system of modern day slavery is implemented among all Gulf Cooperation Countries.
Amendment 19 #
Proposal for a regulation Recital 3 c (new) (3 c) Notwithstanding some recent changes, both countries have some of the most repressive and rights-limiting political and social regimes in the world. The two countries do not therefore fulfil the Article 1 criteria for the extension of an exemption from the visa requirement. In addition, given the rampant and deadly abuse suffered by migrant workers building infrastructure for the 2022 World Cup in Qatar, the extension of a visa exemption to Qatar at the present moment, ahead of other countries with better human rights records, is not simply in breach of the human rights provisions of Article 1, it is anathema to them.
Amendment 20 #
Proposal for a regulation Recital 3 d (new) (3 d) A full-fledged, official human rights dialogue should be pursued with Kuwait and Qatar, leading to tangible and measurable improvements and achievements regarding, among others, labour rand workers’ rights, including the rights of migrant workers, women’s rights, LGBTQ+ people’s rights, freedom of religion, prohibition of torture, freedom of speech, right of assembly, and the prohibition of the death penalty. The bilateral agreements on visa waiver between the Union and Kuwait and the Union and Qatar should include explicit and concrete commitments in this regard. They should also include a clear statement of the intervals at which dialogue will take place, and the interval at which reports arising from the dialogues will be communicated to the European Parliament, an interval which should be no less than annual.
Amendment 21 #
Proposal for a regulation Recital 3 e (new) (3 e) In addition, in light of the paucity of independent civil society organisations in both states, a rights-monitoring mechanism should be established and its freedom to work unimpeded and unharrassed in both countries agreed to in the bilateral agreement. Rights monitoring through this mechanism should be carried out by an entity independent of both Qatar and Kuwait, and it should report regularly to the European institutions on its findings. The rights monitoring mechanism should be empowered to propose that the visa exemption be suspended on the basis of its findings, and that proposal must be considered by the institutions. The bilateral agreements should also include a clear provision to the effect that a failure to implement commitments agreed to in human rights dialogues will trigger a suspension of the visa exemption.
Amendment 22 #
Proposal for a regulation Recital 3 f (new) (3 f) In light of the extreme wealth of the Qatari state, and the extreme suffering experienced by migrant workers there, as documented by EU bodies and multiple NGOs, the bilateral agreement should include a commitment from Qatar to establish a comprehensive compensation program for workers who have suffered serious harms, including deaths, injuries, and wage theft, while working in Qatar, and this compensation programme should be made available to workers' families in circumstances where the worker is deceased.
Amendment 23 #
Proposal for a regulation Recital 4 Amendment 24 #
Proposal for a regulation Recital 4 (4) Consequently,
Amendment 25 #
Proposal for a regulation Recital 5 Amendment 26 #
Proposal for a regulation Recital 6 Amendment 27 #
Proposal for a regulation Recital 6 a (new) (6 a) Ecuador has made substantial progress in preparing for the visa-free status, notably with the introduction of the biometric passport and the Regulation to the Organic Law on Human Mobility. In addition, reasons of regional coherence, being a trading partner of the Union through the Multi-Party Treaty, support the opportunity to include Ecuador on the list of visa-free countries, without prejudice to the Commission carrying out the necessary technical assessment prior to the negotiation of the relevant bilateral agreement.
Amendment 28 #
Proposal for a regulation Recital 6 a (new) (6 a) Following the model of the current process covering Kuwait and Qatar as new generation agreements under Regulation (EU) 2018/1806, the Commission should swiftly assess the compliance of the criteria of Ecuador and Oman in order to allow the European Parliament to include them in the next review of the present regulation;
Amendment 29 #
Proposal for a regulation Recital 6 a (new) (6 a) Along the lines of the process involving Kuwait and Qatar, the Commission should immediately assess the situation of other third countries potentially eligible for visa exemption, particularly Ecuador, in separate procedures tailored to the regions concerned and taking into account the specific nature of those countries.
Amendment 30 #
Proposal for a regulation Recital 6 a (new) (6 a) Those agreements should not apply until the effective start of operation of the European Travel Information and Authorisation System (ETIAS)1a _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:3201 8R1240&from=EN
Amendment 31 #
Proposal for a regulation Recital 6 b (new) (6 b) The Commission should further assess within 3 months of the final adoption of this Regulation the situation of Ecuador with regard to the criteria set out in this Regulation before the opening of negotiations on bilateral agreement on visa waiver between the Union and that country
Amendment 32 #
Proposal for a regulation Recital 7 Amendment 33 #
Proposal for a regulation Recital 8 Amendment 34 #
Proposal for a regulation Recital 9 Amendment 35 #
Proposal for a regulation Recital 10 Amendment 36 #
Amendment 37 #
Proposal for a regulation Recital 12 Amendment 38 #
Proposal for a regulation Recital 12 a (new) (12 a) Ecuador has made substantial progress in preparing for the visa- free status, notably with the introduction of the biometric passport and the Regulation to the Organic Law on Human Mobility.
Amendment 39 #
Proposal for a regulation Recital 12 b (new) Amendment 40 #
Proposal for a regulation Article 1 Regulation (EU) 2018/1806 Article 1 Amendment 41 #
Proposal for a regulation Article 1 – paragraph 1 Regulation (EU) 2018/1806 Article 1 Amendment 42 #
Proposal for a regulation Article 1 – paragraph 1 – point a (a) in point 1 of Annex I, (“STATES”) the references to Kuwait
Amendment 43 #
Proposal for a regulation Article 1 – paragraph 1 – point a a (new) (a a) in point 1 of Annex I, (“STATES”) the reference to Ecuador is deleted.
Amendment 44 #
Proposal for a regulation Article 1 – paragraph 1 – point b – point i Regulation (EU) 2018/1806 Kuwait (*)(**)
Amendment 45 #
Proposal for a regulation Article 1 – paragraph 1 – point b – point i Regulation (EU) 2018/1806 Article 1 (***) The exemption from the visa requirement shall not enter into force before The European Travel Information and Authorisation System (ETIAS - Regulation (EU) 2018/1240) is operational. This shall be indicated by the Commission through a publication in the Official Journal of the European Union. (This amendment only applies to the proposal for a visa waiver with Kuwait and Qatar, and shall not be interpreted as an amendment to the visa waiver regulation ((EU) 2018/1806) in general.)
Amendment 46 #
Proposal for a regulation Article 1 – paragraph 1 – point b – point ii Regulation (EU) 2018/1806 Article 1 Qatar (*)(**)
Amendment 47 #
Proposal for a regulation Article 1 – paragraph 1 – point b – point ii Regulation (EU) 2018/1806 Article 1 (***) The exemption from the visa requirement shall not enter into force before The European Travel Information and Authorisation System (ETIAS - Regulation (EU) 2018/1240) is operational. This shall be indicated by the Commission through a publication in the Official Journal of the European Union. (This amendment only applies to the proposal for a visa waiver with Kuwait and Qatar, and shall not be interpreted as an amendment to the visa waiver regulation ((EU) 2018/1806) in general.)
Amendment 48 #
Proposal for a regulation Article 1 – paragraph 1 – point b – point ii a (new) Regulation (EU) 2018/1806 Annex II – point 1 (ii a) between the references to … and to …., the following reference is insered: “Ecuador (*)” (*) The exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union
Amendment 49 #
Proposal for a regulation Article 1 – paragraph 1 – point b a (new) Amendment 50 #
Proposal for a regulation Article 2 Amendment 7 #
Proposal for a regulation Recital 2 a (new) (2a) In recent times, both Kuwait and Qatar have proven to be important partners for the EU in dealing with various crises: providing assistance, including during the COVID-19 pandemic, with repatriation of EU citizens and vaccinations, following the takeover of Afghanistan by the Taliban, and in countering the recent hybrid threats against Europe. Also worth noting in this context are the support provided by these countries for humanitarian assistance in Syria, their stance – consistent with the EU – towards Russian aggression against Ukraine and the global mobilisation for the proper implementation of the provisions of the UN Charter.
Amendment 8 #
Proposal for a regulation Recital 2 a (new) (2 a) according to Regulation (EU) 2018/1806, the Commission should monitor and report regularly to the European Parliament regarding the human rights situation in the third countries beneficiary of the visa waiver and should suspend the visa exemption in case of violations in the country concerned; such provision should apply also to the third countries whose nationals are already exempted from the visa requirement;
Amendment 9 #
Proposal for a regulation Recital 2 a (new) (2 a) according to Regulation (EU) 2018/1806, the Commission should monitor and report regularly to the European Parliament regarding the human rights situation in the third countries beneficiary of the visa waiver and should suspend the visa exemption in case of violations in the country concerned; such provision should apply also to the third countries whose nationals are already exempted from the visa requirement;
source: 737.242
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