2023/0371(COD) Revision of the Visa Suspension Mechanism
Lead committee dossier:
Progress: Awaiting committee decision
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
NEMEC Matjaž ( S&D)
|
MELO Nuno ( EPP),
AZMANI Malik ( Renew),
STRIK Tineke ( Verts/ALE),
MADISON Jaak ( ID),
WEIMERS Charlie ( ECR),
URBÁN CRESPO Miguel ( GUE/NGL)
|
| Committee Opinion | AFET |
Lead committee dossier:
Legal Basis:
TFEU 077-p2
Legal Basis:
TFEU 077-p2Events
2024/03/18
EP - Amendments tabled in committee
Documents
2024/02/19
EP - Committee draft report
Documents
2024/01/22
EP - NEMEC Matjaž (S&D) appointed as rapporteur in LIBE
2023/11/20
EP - Committee referral announced in Parliament, 1st reading
2023/10/18
EC - Legislative proposal published
Details
PURPOSE: to amend the visa suspension mechanism.
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: visa-free travel brings key benefits for citizens on both sides, strengthening further the EU relations with its partners. It also promotes cultural and academic exchanges.
The number of travellers between the EU and visa-free non-EU countries in 2019 was 364.8 million. This represents a 7% increase from 2018.
At the same time, the Commission’s monitoring of the EU’s visa-free regimes, including its reports under the Visa Suspension Mechanism, has shown that visa-free travel can also be the source of significant migration and security challenges .
The suspension mechanism, established in Regulation (EU) 2018/1806, is a safeguard against the abuse of visa-free travel. This mechanism enables the temporary suspension of the visa exemption in case of a sudden and substantial increase in irregular migration or security risks. However, with increasing challenges resulting from irregular migration, and threats to the security of the EU, it became clear that this mechanism needed to be further strengthened and improved.
CONTENT: in order to effectively address the multitude of challenges resulting from visa-free travel in a constantly evolving geopolitical context and taking into account the consultation with the European Parliament, Member States and other stakeholders, this proposal aims to adapt the suspension mechanism to such challenges , by amending the relevant provisions set out in Article 8 of Regulation (EU) 2018/1806.
The revision includes several substantive amendments. In particular, the proposal:
- defines the temporary suspension mechanism. It provides that the suspension mechanism may be triggered by a notification by a Member State to the Commission or by the Commission based on its own analysis;
- clarifies that, in cases where an agreement on the short-stay visa waiver between the Union and a third country listed in Annex II includes provisions on different grounds for suspension or different procedures, those provisions should be applied instead of the relevant provisions of the Regulation;
- establishes the conditions and procedure for suspension: the proposal sets out and amends all the grounds and thresholds for the suspension of the exemption from the visa requirement. The grounds for suspension of the visa exemption include the ones concerning an increase in irregular migration, an increase in the number of unfounded asylum applications, a decrease in cooperation on readmission and other cases of non-cooperation on readmission and the lack of fulfilment of the visa liberalisation benchmarks;
- expands the public policy and security ground for suspension to cover explicitly threats to the public policy and security of the Member States arising from hybrid threats, such as situations of state-sponsored instrumentalisation of migrants aimed at destabilising or undermining society and key institutions;
- introduces a new suspension ground specifically addressing investor citizenship schemes , which are currently operated by a number of third countries (golden passports). To address this issue, the EU should have the possibility, based on a Commission’s analysis, to suspend the visa exemption for a third country that chooses to operate an investor citizenship scheme whereby citizenship is granted without any genuine link to the third country concerned, in exchange for pre-determined payments or investments;
- adds a new suspension ground to cover those cases where the lack of visa policy alignment of a third country listed in Annex II with the visa policy of the Union, could lead to situations where third-country nationals, other than nationals of that third country, arrive legally in the territory of that third country and then enter irregularly the territory of the Member States;;
- introduces the possibility of the Commission to consider different thresholds when deciding whether to suspend a visa exemption in cases of a substantial increase in irregular migration, unfounded asylum applications or serious criminal offences linked to the nationals of that third country, following a case-by-case assessment;
- lays down the procedure and conditions for a Member State’s notification to the Commission when it is confronted by one or more circumstances amounting to a ground for suspension, and the procedure for the Commission’s examination of such a notification;
- modifies the reference period for identifying the existence of the circumstances which may lead to the suspension. The reference period is amended to cover at least a two-month period;
- sets out the Commission’s obligation to monitor on a regular basis the existence of the grounds for suspension with regard to all third countries listed in Annex II, and the procedure to trigger the suspension mechanism based on the Commission’s own analysis of the existence of such grounds;
- introduces the possibility for the Commission to report on any of the visa-free countries listed in Annex II, either on its own initiative or at the request of the European Parliament or the Council;
- amends the suspension procedure by means of implementing and delegated acts, by increasing the duration of the temporary suspension of the visa exemption from nine months to 12 months (for the first phase) and from 18 months to 24 months (for the second phase);
- introduces an urgency procedure , which would allow the Commission to suspend a visa exemption through an immediately applicable implementing act, when it considers that imperative grounds of urgency exist, which require expedited action that could not be ensured under the ordinary procedure.
Documents
Documents
| Amendments | Dossier |
| 128 |
2023/0371(COD)
2024/03/18
LIBE
128 amendments...
Amendment 10 #
Proposal for a regulation Recital 2 (2)
Amendment 100 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 1 – point 1b (new) 1 b. The European parliament may also notify the Commission of the existence of circumstances that amount to the grounds for suspension as referred to in Article 8a(1), (e), (f), (ga) and (gb).
Amendment 101 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 2 2. The notification referred to in paragraph 1 of this Article shall state the reasons on which it is based and shall include relevant data and statistics as well as a detailed explanation of the preliminary measures that the Member State concerned has taken with a view to remedying the situation. In its notification, the Member State concerned may specify the categories of nationals of the third country concerned which are to be covered by an implementing act under Article 8e(1), specifying the detailed reasons for doing so. In exceptional circumstances that require immediate action, Member States may notify the Commission concerning the circumstances in Article 8a(1) covering a period shorter than two months, provided that a detailed justification of the acute response needed is stated by those Member States concerned.
Amendment 102 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 2 2. The notification referred to in paragraph 1, 1a and 1b of this Article shall state the reasons on which it is based
Amendment 103 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 2 2. The notification referred to in paragraph 1 of this Article shall state the reasons on which it is based and shall include relevant data and statistics as well as a detailed explanation of the preliminary measures that the Member State concerned has taken with a view to remedying the situation. In its notification, the Member State concerned may specify the categories of nationals of the third country concerned which are to be covered by a
Amendment 104 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 4 4. The Commission shall examine any notification made pursuant to paragraph 1, 1a and 1b of this Article, taking into account:
Amendment 105 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 4 – point a (a) whether any of the circumstances amounting to the grounds referred to in Article 8a(1)
Amendment 106 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 4 – point a (a) whether any of the circumstances amounting to the grounds referred to in Article 8a(1)
Amendment 107 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 4 – point a (a) whether any of the circumstances amounting to the grounds referred to in Article 8a(1), points (a), (b), (c), or (d)
Amendment 108 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 4 – point a (a) whether any of the circumstances amounting to the grounds referred to in Article 8a(1), points (a), (b),
Amendment 109 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 4 – point f (f) the overall question of public policy
Amendment 11 #
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 to Regulation (EU) 2018/1806 (‘the suspension mechanism’) should be strengthened for the Union to have at its disposal a more efficient safeguard aimed at preventing
Amendment 110 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 4 – point fa (new) (f a) the impact on the visa reciprocity
Amendment 111 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 4a (new) 4 a. The Commission shall also assess the necessity, proportionality and consequences of a suspension of the exemption from the visa requirement, taking into account in particular: (a) the overall external relations of the Union and its Member States with the third country concerned; (b) the appropriateness of a suspension of the exemption from the visa requirement to remedy the situation; (c) the impact of a suspension on the rights of the nationals of the third country concerned; (d) the principle of visa reciprocity and the principle of non-discrimination; (e) the potential risks faced by human rights defenders.
Amendment 112 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 5a (new) 5 a. The Commission shall, before taking any decision to temporarily suspend a visa exemption for nationals of a third country, have a thorough examination of the situation of human rights in that third country and take into account all the possible consequences of a suspension of the visa exemption for that situation and the country.
Amendment 113 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8c – paragraph 1a (new) 1 a. In its monitoring and analysis, the Commission shall be informed by the European Border and Coast Guard, the European Union Agency for Asylum, the European Union Agency for Law Enforcement Cooperation (Europol) or any other relevant institution, body, office or agency of the Union. It shall also take into account data stored in the Visa Information System (VIS), Schengen Information System (SIS II), Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS), and European Criminal Records Information System for Third- Country Nationals (ECRIS-TCN).
Amendment 114 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8c – paragraph 2 2. Where the Commission, taking into account the relevant data, reports and statistics, and after having carried out an assessment of the necessity, proportionality and consequences of a suspension of the exemption from the visa requirement as referred to in Article 8b(4a), has concrete and reliable information on the existence of any of the grounds referred to in Article 8a(1) it shall inform the European Parliament and the Council of its analysis, and Article 8e and Article 8f shall apply.
Amendment 115 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8d – paragraph 1 1. The Commission shall report to the European Parliament and to the Council on the monitoring conducted in accordance with Article 8c(1) with regard to the third countries which have been listed in Annex II
Amendment 116 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8d – paragraph 1a (new) 1 a. The Commission shall conduct this reporting periodically, thereby ensuring that each third country shall be reported on at least once within a four- year period.
Amendment 117 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8d – paragraph 1b (new) 1 b. For those third countries which have been listed as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country, the Commission shall report on an annual basis for a period of seven years after the date of entry into force of visa liberalisation for those third countries.
Amendment 118 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8d – paragraph 1c (new) 1 c. Whenever the Commission considers it necessary, it shall report on the third countries which the Commission considers, based on concrete and reliable information, as no longer complying with certain specific requirements, which are based on Article 1 and which were used to assess the appropriateness of granting visa liberalisation.
Amendment 119 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8d – paragraph 2 2. The Commission shall also report
Amendment 12 #
Proposal for a regulation Recital 2 a (new) (2 a) It should also be possible to trigger the suspension mechanism in the event of serious breaches by a third country of the principles of the United Nations Charter, or in case of grave violations of the obligations deriving from international human rights law or international humanitarian law, having regard to the principles that shall guide the EU external actions as enshrined in Article 21(1).
Amendment 120 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8e – Title Amendment 121 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8e – paragraph 1 – subparagraph 1 Where, on the basis of the examination referred to in Article 8b(4), or the analysis referred to in Article 8c(2), and taking into account the necessity, proportionality and consequences of a suspension of the exemption from the visa requirement for the overall external relations of the Union and its Member States with the third country concerned and for its nationals as provided for in Article 8b(4a), while working in close cooperation with that third country to find alternative long-term solutions, the Commission decides that action is needed, or where a simple majority of Member States have notified the Commission of the existence of circumstances referred to in Article 8a(1), points (a), (b), (c) or (d)
Amendment 122 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8e – paragraph 1 – subparagraph 2 The suspension shall apply to certain categories of nationals of the third country concerned or to selected individuals, by reference to the relevant types of travel documents
Amendment 123 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8e – paragraph 1 – subparagraph 3 The Commission shall adopt the
Amendment 124 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8e – paragraph 1 – subparagraph 3 – point c (c) receiving the notification from a simple majority of Member States of the existence of grounds referred to in Article 8a(1), points (a), (b), (c) or (d)
Amendment 125 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8e – paragraph 1 – subparagraph 4 The
Amendment 126 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8e – paragraph 2 Amendment 127 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8e – paragraph 2 2. On duly justified imperative grounds of urgency, where a serious threat to public policy or internal security in a Member State according to Article 8a(d) is unforeseeable and requires immediate action, the Commission
Amendment 128 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8e – paragraph 2 2. On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 11(4), temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned for a period of 12 months. In such cases, the Commission shall inform the Council and Parliament openly, comprehensively, and consistently throughout the procedure.
Amendment 129 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8e – paragraph 3 3. During the period of suspension, the Commission shall establish an enhanced dialogue with the third country concerned with a view to remedying the circumstances in question. Without prejudice to the application of Article 6, during the period of suspension, the nationals of the third country concerned shall be required to be in possession of a visa when crossing the external borders of the Member States.
Amendment 13 #
Proposal for a regulation Recital 3 (3) In particular, the use of the suspension mechanism should be facilitated by broadening the possible grounds for suspension,
Amendment 130 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8e – paragraph 3 3. During the period of suspension, the Commission shall establish an enhanced dialogue with the third country concerned with a view to remedying the circumstances in question and regularly report to the European Parliament and the Council on its progress and outcomes, as well as effectiveness of the applied suspension.
Amendment 131 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8e – paragraph 4 4. Where the circumstances that led to the temporary suspension of the exemption from the visa requirement are remedied before the end of the period of validity of the
Amendment 132 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8f – Title Amendment 133 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8f – paragraph 1 1. Where the grounds referred to in Article 8a persist, the Commission shall adopt, at the latest two months before the expiry of the 12-month period referred to in Article 8e(1), a delegated act in accordance with Article 10, amending Annex II to temporarily suspend the application of that Annex for a period of 24 months for all nationals of the third country concerned. That amendment shall be made by inserting a footnote next to the name of the third country in question, indicating that the exemption from the visa requirement is suspended with regard to that third country and specifying the period of that suspension. The delegated act shall take effect from the date of expiry of the
Amendment 134 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8f – paragraph 1a new 1 a. The delegated act shall be accompanied by a Report to the European Parliament and the Council detailing the outcome of the enhanced dialogue with the third country concerned, the measures adopted by that third country and by the Member States concerned, and the reasons for considering that the circumstances leading to the temporary suspension have not been remedied.
Amendment 14 #
Proposal for a regulation Recital 3 (3) In particular, the
Amendment 15 #
Proposal for a regulation Recital 3 (3) In particular, the use of the suspension mechanism should be facilitated by broadening the possible grounds for suspension, adapting the relevant
Amendment 16 #
Proposal for a regulation Recital 3 a (new) (3 a) Where the Commission considers suspending the visa exemption or in cases pursuant to notification by a Member State, its assessment should take into account the potential impact of the suspension on the nationals of the third country concerned.
Amendment 17 #
Proposal for a regulation Recital 4 Amendment 18 #
Proposal for a regulation Recital 4 (4) The Union has concluded a number of agreements on the short-stay visa waiver with countries listed in Annex II to Regulation (EU) 2018/1806 which may include different grounds for suspension or different procedures than the ones set out in the suspension mechanism
Amendment 19 #
Proposal for a regulation Recital 4 a (new) (4 a) The suspension mechanism should ensure a safeguard against threats to public order and security. This includes immediate risks to the Union’s internal security, such as terrorism, organised crime, cyber-attacks and trafficking in humans, drugs and arms. In regards to the external dimension of internal security, priorities identified by the European Multidisciplinary Platform against Criminal Threats (EMPACT) should be taken into account.
Amendment 20 #
Proposal for a regulation Recital 5 Amendment 21 #
Proposal for a regulation Recital 5 Amendment 22 #
Proposal for a regulation Recital 5 (5) In its conclusions of 22 October 2021, the European Council invited the Commission to propose any necessary changes to the Union’s legal framework and concrete measures to ensure an immediate and appropriate response to hybrid threats in line with Union law and international obligations. Therefore, it should be possible to trigger the suspension mechanism in case of risks or threats to the public policy or internal security of the Member States arising from hybrid threats such as situations of state-sponsored instrumentalisation of migrants aimed at destabilising or undermining society and key institutions, as referred to in Article 1(4)(b), first subparagraph, of the Crisis Regulation. Such threats to the public policy or internal security of the Member States arising from hybrid threats may also relate to clandestine foreign interference in political processes, cyber operations, and economic espionage.
Amendment 23 #
Proposal for a regulation Recital 5 (5) In its conclusions of 22 October 2021, the European Council invited the Commission to propose any necessary changes to the Union’s legal framework and concrete measures to ensure an immediate and appropriate response to
Amendment 24 #
Proposal for a regulation Recital 5 a (new) (5 a) It is also important that the security of documents is upheld according to European Union standards. The Union has put in place advanced security features and biometric requirements for travel documents. Such measures prevent the falsification and counterfeiting of travel documents and establish a reliable link between the document and its holder. To ensure valid and trustworthy travel documents, countries listed in Annex II should issue documents accordingly.
Amendment 25 #
Proposal for a regulation Recital 6 (6) Investor citizenship schemes operated by third countries listed in Annex II to Regulation (EU) 2018/1806 allow visa-free travel to the Union to third- country nationals that would otherwise be visa required. Under an investor citizenship scheme, citizenship is granted in return for pre-determined payments or investments without any genuine link to the third country concerned. While the Union respects the right of sovereign countries to decide on their own naturalisation procedures, visa-free third countries should be deterred from using visa-free access to the Union as a tool for leveraging individual investment in return for their citizenship. A lack of comprehensive security checks, vetting procedures and due diligence pose several serious security risks for Union citizens, such as those stemming from money laundering and corruption. To prevent visa-free access to the Union being used for this purpose, it should be possible to suspend the visa exemption for a third country which chooses to operate such investor citizenship schemes, whereby citizenship is granted without any genuine link to the third country concerned.
Amendment 26 #
Proposal for a regulation Recital 6 a (new) (6 a) The triggering of the suspension mechanism should be considered in the wider context of the Union’s relations with the relevant third country. Specific consideration should be paid to the Union's diplomatic and external relations with third countries. This includes considerations of human rights and fundamental freedoms, violations of bilateral agreements between the Union and third countries, hostile acts towards the Union or Member States and non- compliance or non-alignment with relevant Union sanctions.
Amendment 27 #
Proposal for a regulation Recital 7 Amendment 28 #
Proposal for a regulation Recital 7 Amendment 29 #
Proposal for a regulation Recital 7 (7) Where the visa policy of a third country listed in Annex II to Regulation (EU) 2018/1806 is not aligned with the visa policy of the Union as regards the list of third countries whose nationals are required to be in possession of a visa when crossing the external borders of the Member States, this could result in irregular migration to the Union, in particular where the concerned third country is in close geographic proximity to the Union. Therefore, it should be possible to trigger the suspension mechanism where, following an assessment, the Commission concludes that there is a
Amendment 30 #
Proposal for a regulation Recital 8 (8) The thresholds to trigger the suspension mechanism in case of a substantial increase in the number of nationals of a third country refused entry or found to be staying in the Member State’s territory without a right to do so, or in the number of
Amendment 31 #
Proposal for a regulation Recital 8 (8) The thresholds to trigger the suspension mechanism in case of a substantial increase in the number of nationals of a third country refused entry or found to be staying in the Member State’s territory without a right to do so, or in the number of asylum applications from the nationals of that third country for which the recognition rate is low,
Amendment 32 #
Proposal for a regulation Recital 8 (8) The thresholds to trigger the suspension mechanism in case of a substantial increase in the number of nationals of a third country refused entry or found to be staying in the Member State’s territory without a right to do so, or overstaying the visa-free period, or in the number of asylum applications from the nationals of that third country for which the recognition rate is low, or in the number of serious criminal offences linked to the nationals of that third country, should be subject to a case-by-case assessment by the Commission. In particular, the Commission should be able to assess whether there are specific circumstances, in the cases notified by Member States or under its own analysis, which would justify the application of lower or higher thresholds than those indicated in relevant provisions of Regulation (EU) 2018/1806. The Commission’s assessment should take into account, for example, the number of unauthorised crossings of the external borders of the Member States, unfounded asylum applications or criminal offences in proportion to the number and size of Member States affected and the impact of those numbers on the overall migratory situation, functioning of the asylum systems or internal security of the Member States affected, as well as actions taken by the third country concerned to remedy the situation.
Amendment 33 #
Proposal for a regulation Recital 9 (9) For the purpose of notifying to the Commission the circumstances that may amount to a ground for suspension, Member States should be able to take into account reference periods longer than two months in order to identify not only sudden changes in the relevant situation, but also longer-term trends that may justify the use of the visa suspension mechanism. In exceptional circumstances that require immediate action, the Commission should accept a reference period shorter than two months when notifications are made by more than one Member State. The reasons for triggering the mechanism in relation to the grounds set out in this regulation should be complete and clear. The Commission shall inform the Council and Parliament about notifications and consequent decisions immediately and comprehensively.
Amendment 34 #
Proposal for a regulation Recital 9 (9) For the purpose of notifying to the Commission the circumstances that may amount to a ground for suspension, Member States should be able to take into account reference periods longer than two months but no longer than twelve months in order to identify not only sudden changes in the relevant situation, but also longer-term trends that may justify the use of the visa suspension mechanism.
Amendment 35 #
Proposal for a regulation Recital 9 (9) For the purpose of notifying to the Commission the circumstances that may amount to a ground for suspension, Member States should
Amendment 36 #
Proposal for a regulation Recital 9 a (new) (9 a) It should be possible for the European Parliament to notifying to the Commission of its view of the existance of the circumstances that may amount to a ground for suspension, in particular in cases of an investor citizenship schemes operated by third countries listed in Annex II to Regulation (EU) 2018/1806, or in cases where visa policy of a third country listed in Annex II to Regulation (EU) 2018/1806 is not aligned with the visa policy of the Union, or in case of a significant and abrupt deterioration in the Union’s external relations with a third country listed in Annex II, or in cases of the existance of the grounds for suspension set out in short-stay visa waiver agreements.
Amendment 37 #
Proposal for a regulation Recital 9 a (new) (9 a) The Commission’s systematic monitoring of the specific requirements, which are based on Article 1 and were used to assess the appropriateness of granting visa liberalisation, should pay particular attention to the security dimension to ensure that countries in Annex II are upholding the initial requirements for law and immigration enforcement, passport security, counterterrorism and border control capabilities.
Amendment 38 #
Proposal for a regulation Recital 10 (10) Whenever it considers it necessary, or upon request by the European Parliament or by the Council, the Commission should report on the outcome of its systematic monitoring of the visa- free regimes with all the third countries listed in Annex II to Regulation (EU) 2018/1806
Amendment 39 #
Proposal for a regulation Recital 10 (10) Whenever it considers it necessary, or upon request by the European Parliament or by the Council, the Commission should report on the outcome of its systematic monitoring of the visa- free regimes with all the third countries listed in Annex II to Regulation (EU) 2018/1806. The report should focus on those third countries which, according to the Commission’s analysis, present specific problems that, if not addressed, may lead to trigger the suspension mechanism. In particular, the Commission should
Amendment 40 #
Proposal for a regulation Recital 10 a (new) (10 a) In the light of the far reaching consequences that the temporary suspension of the exemption from the visa requirement might have on the nationals of the third country concerned, the Commission should privilege a targeted approach, applying the measure first and foremost to selected individuals holding positions of responsibility, such as members of third country’s official delegations, members of local, regional and national Governments, members of Parliaments, or high-ranking public or military officials, while making every effort to minimise the adverse consequences on the general population.
Amendment 41 #
Proposal for a regulation Recital 10 b (new) (10 b) In light of the far reaching implications of the suspension for the nationals of the third countries concerned, and taking into account the requirement enshrined in Article 13 TEU for the Union institutional framework to ensure the effectiveness of its policies and actions, the Commission should permanently monitor whether the triggering of the suspension mechanism would achieve the intended result, and regularly report to the European Parliament and the Council.
Amendment 42 #
Proposal for a regulation Recital 11 (11) Where a decision to temporarily suspend the visa exemption for a third country has been taken, there should be an adequate timeframe for the enhanced dialogue between the Commission and the concerned third country aimed at remedying the circumstances that led to the suspension. For this purpose, the duration of the temporary suspension decided by a Commission
Amendment 43 #
Proposal for a regulation Recital 12 Amendment 44 #
Proposal for a regulation Recital 12 Amendment 45 #
Proposal for a regulation Recital 12 (12) The Commission should adopt immediately applicable implementing acts where, in duly justified cases related to the triggering of the suspension mechanism,
Amendment 46 #
Proposal for a regulation Recital 13 (13) The temporary suspension should be lifted at any time where the circumstances that led to the suspension are remedied before the end of the period of the suspension
Amendment 47 #
Proposal for a regulation Article 1 – paragraph 1 – point -1 (new) (-1) Article 7 point (d) is replaced by the following: (d) the Commission shall, when considering further steps in accordance with point (e) or (h), take into account the outcome of the measures taken by the Member State concerned with a view to ensuring visa-free travel with the third country in question, the steps taken in accordance with point (b), and the consequences of the suspension of the exemption from the visa requirement for the external relations of the Union and its Member States with the third country in question;
Amendment 48 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2018/1806 Article 8 – paragraph 2 Amendment 49 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EU) 2018/1806 Article 8 – paragraph 2 2. In cases where an agreement on the short-stay visa waiver between the Union and a third country listed in Annex II
Amendment 50 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 1. The suspension mechanism may be triggered on one or more of the following grounds:
Amendment 51 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point a (a) a substantial increase in the number of nationals of a third country listed in Annex II refused entry
Amendment 52 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point b Amendment 53 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point b Amendment 54 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point b a (new) (b a) a substantial increase in the number of asylum applications from the nationals of a third country listed in Annex II;
Amendment 55 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point c Amendment 56 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point d (d) a significant risk or imminent threat to the public policy or internal security of Member States related to a third country listed in Annex II deriving from a
Amendment 57 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point d (d) a
Amendment 58 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point d – point i Amendment 59 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point d – point i (i) a
Amendment 60 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point d – point ii Amendment 61 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point d – point ii Amendment 62 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point d – point ii (ii) hybrid threats and instrumentalization of migrants;
Amendment 63 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point d – point iia (new) (ii a) inadequate legal standards concerning the security of travel and identity documents;
Amendment 64 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 point da (new) (d a) terrorist threats;
Amendment 65 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 point db (new) (d b) deficiencies in document security legislation or procedure;
Amendment 66 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point f Amendment 67 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point f Amendment 68 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point f (f) the non-alignment of the visa policy of a third country listed in Annex II, where, in particular because of the geographic proximity of that third country to the Union, there is a
Amendment 69 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point fa (new) (f a) serious breaches of the principles set in the United Nations Charter, or grave violations of the obligations deriving from international human rights law or international humanitarian law;
Amendment 7 #
Proposal for a regulation Recital 1 a (new) (1 a) Visa-free travel brings significant benefits to both the Union and third countries alike. The economic, social and cultural relations with third countries create prosperity and establish the Union as an open and free bloc. The Union’s common visa policy, in this regard, is a cornerstone of its engagement with third countries.
Amendment 70 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point fa (new) (f a) a severe deterioration in the Union’s external relations with a third country listed in Annex II, exampled by the non-alignment of the criteria listed in Article 1 of this Regulation;
Amendment 71 #
Proposal for a regulation Article 1.º – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point g a (new) (ga) a significant and abrupt deterioration in the Union’s external relations with a third country listed in Annex II, particularly with regard to human rights and fundamental freedoms, resulting from one of the following situations: (i) serious violations and abuses of human rights; (ii) serious breaches of international law and standards, including international human rights law and non-compliance with international court decisions and rulings;
Amendment 72 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 1 – point ga (new) (g a) any other ground for suspension set out in a short-stay visa waiver agreement between the Union and a third country listed in Annex II, limited to the scope of application of such agreement.
Amendment 73 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 2 2. For the purposes of paragraph 1, points (a), (b) and (d)
Amendment 74 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 2 2. For the purposes of paragraph 1, points (a), (b) and (d)(i), of this Article a substantial increase shall mean an increase exceeding a threshold of 50%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a lower or higher increase is applicable in the particular case, by providing duly justified reasons for this decision.
Amendment 75 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 2 2. For the purposes of paragraph 1, points (a), (b) and (d)(i), and paragraph 4 of this Article a substantial increase shall mean an increase exceeding a threshold of 50%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a lower or higher increase is applicable in the particular case.
Amendment 76 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 2 2. For the purposes of paragraph 1, points (a), (b) and (d)(i), of this Article a substantial increase shall mean an increase exceeding a threshold of 15
Amendment 77 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 2 2. For the purposes of paragraph 1, points (a), (b) and (d)(i), of this Article a substantial increase shall mean an increase exceeding a threshold of
Amendment 78 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 2 2. For the purposes of paragraph 1, points (a), (b) and (d)(i), of this Article a substantial increase shall mean an increase exceeding a threshold of
Amendment 79 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 3 Amendment 8 #
Proposal for a regulation Recital 1 b (new) (1 b) At the same time, the evolving geopolitical context has brought new challenges linked to visa-free travel. Abuse of and security risks following from visa-free travel to the EU require a swift and adequate response. It is imperative that the Union is equipped to deal with these challenges accordingly.
Amendment 80 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 3 3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than
Amendment 81 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 3 3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than 4%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a higher recognition rate is applicable in the particular case, by providing duly justified reasons for this decision.
Amendment 82 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 3 3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than
Amendment 83 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 3 3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than
Amendment 84 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 3 3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than
Amendment 85 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 3 3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than
Amendment 86 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 4 4. For the purposes of paragraph 1, point (c), a decrease in cooperation on readmission with a third country listed in Annex II shall mean a substantial increase, substantiated by adequate data, in the refusal rate of readmission applications submitted by a Member State to that third country for its own nationals
Amendment 87 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 4 4. For the purposes of paragraph 1, point (c), a decrease in cooperation on readmission with a third country listed in Annex II shall mean a
Amendment 88 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 5 – point a (a) refusing or failing to process readmission applications in due time, failing to assist timely in identification of third country nationals staying in a Member State’s territory without a right to do so;
Amendment 89 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 5 – point a (a) refusing or failing to process readmission applications
Amendment 9 #
Proposal for a regulation Recital 2 Amendment 90 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 5 – point a (a) refusing or failing to process readmission applications
Amendment 91 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 5 – point b (b) failing to issue travel documents in due time for the purposes of returning within the deadlines set out in the readmission agreement or refusing to accept European travel documents issued following the expiry of the deadlines set out in the readmission agreement, or otherwise creating persisting practical obstacles regarding the execution of readmission decisions;
Amendment 92 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 5 – point b (b) failing to issue travel documents to persons it recognizes as having a right of residence in its territory, in due time for the purposes of returning within the deadlines set out in the readmission agreement or refusing to accept European travel documents issued following the expiry of the deadlines set out in the readmission agreement;
Amendment 93 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8a – paragraph 5 – point b (b) failing to issue travel documents
Amendment 94 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation 2018/1806 Article 8a – paragraph 5 – point c (c) terminating
Amendment 95 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – title Notification
Amendment 96 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 1 1. A Member State may notify the Commission if it is confronted, over a period of at least two but no longer than twelve months, compared with either the same period in the preceding year or the last two months prior to the implementation of the exemption from the visa requirement for nationals of a third country listed in Annex II, with one or more of the circumstances amounting to the grounds for suspension referred to in Article 8a(1), points (a), (b),
Amendment 97 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 1 1. A Member State may notify the Commission if it is confronted, over a period of at least two months, compared with either the same period in the preceding year or the last two months prior to the implementation of the exemption from the visa requirement for nationals of a third country listed in Annex II, with one or more of the circumstances amounting to the grounds for suspension referred to in Article 8a(1)
Amendment 98 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 1 1. A Member State may notify the Commission if it is confronted, over a period of
Amendment 99 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EU) 2018/1806 Article 8b – paragraph 1 – point 1a (new) 1 a. A Member State may also notify the Commission of the existence of circumstances that amount to the grounds for suspension as referred to in Article 8a(1), points (e), (f), (g) and (ga).
source: 759.969
|
History
(these mark the time of scraping, not the official date of the change)
2024-04-17Show (1) Changes | Timetravel
| committees/0/shadows/3 |
|
2024-04-16Show (1) Changes | Timetravel
| committees/0/shadows/3 |
|
2024-04-15Show (1) Changes | Timetravel
| committees/0/shadows/3 |
|
2024-04-13Show (1) Changes | Timetravel
| committees/0/shadows/3 |
|
2024-04-12Show (1) Changes | Timetravel
| committees/0/shadows/3 |
|
2024-04-11Show (1) Changes | Timetravel
| committees/0/shadows/3 |
|
2024-04-10Show (1) Changes | Timetravel
| committees/0/shadows/3 |
|
2024-04-09Show (1) Changes | Timetravel
| committees/0/shadows/3 |
|
2024-04-08Show (1) Changes | Timetravel
| committees/0/shadows/3 |
|
2024-04-07Show (1) Changes | Timetravel
| committees/0/shadows/3 |
|
2024-04-06Show (1) Changes | Timetravel
| committees/0/shadows/3 |
|
2024-03-27Show (1) Changes | Timetravel
| docs/1 |
|
2024-02-29Show (1) Changes | Timetravel
| docs |
|
2024-02-09Show (2) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
2024-02-08Show (1) Changes | Timetravel
| committees/0/shadows/2 |
|
2024-02-03Show (1) Changes | Timetravel
| committees/0/shadows |
|
2024-01-25Show (1) Changes | Timetravel
| committees/0/rapporteur |
|
2024-01-24Show (1) Changes | Timetravel
| commission |
|
2023-12-08Show (1) Changes | Timetravel
| committees/1/opinion |
False
|
2023-11-23Show (3) Changes
| events/1 |
|
| procedure/dossier_of_the_committee |
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |