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23.6.2025

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PROVISIONAL AGREEMENT RESULTING FROM INTERINSTITUTIONAL NEGOTIATIONS

* Consultation procedure

Subject: Proposal for a regulation Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1806 as regards the revision of the suspension mechanism

*** Consent procedure

(COM(2023)0642 – C090392/2023 – 2023/0371(COD))

***I Ordinary legislative procedure (first reading)

The interinstitutional negotiations on the aforementioned proposal for a regulation have led to a compromise. In accordance with Rule 75(4) of the Rules of Procedure, the provisional agreement reproduced below is submitted to the Committee on Civil Liberties, Justice and Home Affairs for decision by way of a single vote.

***II Ordinary legislative procedure (second reading)

Proposal for a

***III Ordinary legislative procedure (third reading)

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

(The type of procedure depends on the legal basis proposed by the draft act.)

amending Regulation (EU) 2018/1806 as regards the revision of the suspension mechanism

Amendments to a draft act

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Amendments by Parliament set out in two columns

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2), point (a) thereof,

Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.

Having regard to the proposal from the European Commission,

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

After transmission of the draft legislative act to the national parliaments,

Amendments by Parliament in the form of a consolidated text

Acting in accordance with the ordinary legislative procedure,

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

Whereas:

By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.

(1) Regulation (EU) 2018/1806 of the European Parliament and of the Council lists the third countries whose nationals are to be in possession of visas when crossing the external borders of the Member States and those whose nationals are exempt from that requirement for stays of no more than 90 days in any 180-day period.

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

(1a) Visa-free travel brings significant benefits to the Union and third countries alike. Economic, social and cultural relations with third countries create prosperity and promote internationally the open and free nature of the Union as an Area of freedom, security and justice. The Union’s common visa policy, in that regard, is a cornerstone of its engagement with third countries. At the same time, the evolving geopolitical context has brought new challenges linked to visa-free travel. In order to address these new challenges and a wider range of irregular migration, public policy and security risks arising from the third countries listed in that Annex II, 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 and made more efficient.

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1806 as regards the revision of the suspension mechanism

▌

(COM(2023)0642 – C90392/2023 – 2023/0371(COD))

(3) In particular, the use of the suspension mechanism should be facilitated by broadening the possible grounds for suspension, adapting the relevant thresholds and procedures, and strengthening the Commission’s monitoring and reporting obligations.

(Ordinary legislative procedure: first reading)

(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, and might conclude further of those agreements in the future. Where the activation of the suspension mechanism concerns a third country with which the Union has concluded such an agreement, the mechanism should be applied without prejudice to the relevant provisions on grounds for suspension and procedures set out in that agreement. This includes the requirement that, for the suspension of the visa exemption under Union law to take effect in compliance with the Union’s international obligations, the application of the relevant agreement must be suspended in parallel by means of a Council decision.

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0642),

(5) Due to a need to ensure an immediate and appropriate response to hybrid threats in line with Union law and international obligations ▌, 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, as referred to in Regulation (EU) 2024/1359, which aim to destabilise or undermine society and key institutions.

– having regard to Article 294(2) and Article 77(2), point (a), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90392/2023),

(5a) It is essential that the travel, identity and breeder documents issued by countries listed in Annex II to Regulation (EU) 2018/1806 can be fully trusted and not easily falsified or counterfeited. Deficiencies of a systemic nature in document security legislation or procedures could lead to risks or threats to public policy or internal security of Member States. It should be possible to trigger the suspension mechanism on this ground.

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

(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. In addition, a lack of comprehensive security checks, vetting procedures and due diligence by such third countries with regard to investor citizenship schemes 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.

– having regard to Rule 59 of its Rules of Procedure,

(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 such non-alignment could lead to a substantial increase in the number of third-country nationals, other than nationals of that third country, who arrive legally in the territory of that third country and then irregularly enter the territory of the Member States.

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A90000/2024),

(7a) Regulation (EU) 2018/1806 determines the third countries whose nationals are subject to, or exempt from, the visa requirement. Some of the criteria used for the purpose of exemption from the visa requirement are reflected in the grounds for suspension in other provisions of that regulation, thereby ensuring a link between the criteria for granting visa exemption and the grounds for suspension. The revised suspension mechanism should therefore also provide for the possibility to suspend the visa-free regime in case of a deterioration in the Union’s external relations with a third country listed in Annex II caused by serious breaches of the principles set out in the Charter of the United Nations, grave violations of fundamental freedoms or of the obligations deriving from international human rights law or international humanitarian law, serious breaches of international law and international legal standards, non-compliance with international court decisions and rulings or hostile acts carried out against the Union or Member States with the aim of destabilising or undermining society or institutions which are key for the public policy and internal security of the Union or the Member States. Such hostile acts could result from foreign interference in political processes, economic coercion, cyber operations, economic espionage or the sabotage of critical infrastructure. Moreover, given that the external relations of the Union will be affected as a whole, the triggering of the suspension mechanism on that ground should be the exclusive prerogative of the Commission, after consultation of the Member States. Additionally, where the Commission considers suspending the visa exemption on that ground, its assessment should take into account the potential impact of the suspension on the nationals of the third country concerned.

1. Adopts its position at first reading hereinafter set out;

(7b) The short-stay visa waiver agreements concluded with countries listed in Annex II to Regulation (EU) 2018/1806 might include different grounds for suspension than the ones set out in the suspension mechanism. Consequently, it should be possible to trigger the suspension mechanism also on the basis of those grounds. However, the use of the grounds for suspension set out in short-stay visa waiver agreements should be limited to the scope of application of such agreements.

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

(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, 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. The Commission should thoroughly assess the necessity, proportionality and consequences of such a suspension before adopting the relevant act.

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(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, up to twelve months, that may justify the use of the visa suspension mechanism.

Amendment 1

(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, on the basis, inter alia, of data from EU information systems, such as the EES and ETIAS, and from Union agencies. The report should focus on those third countries which, according to the Commission’s analysis, no longer fulfil the criteria for granting exemption from the visa requirement under that Regulation that are relevant for the grounds for suspension, or which present specific problems that, if not addressed, could lead to a triggering of the suspension mechanism. In particular, the Commission should consider reporting on countries which have been newly listed in Annex II without undergoing a visa liberalisation dialogue, where it considers it necessary and in particular in the first years following the entry into force of the visa exemption for those countries.

Proposal for a regulation

(10a) Where the mechanism is triggered on the grounds that a third country whose nationals have been exempted from the visa requirement as a result of the successful conclusion of a visa liberalisation dialogue has not complied with specific requirements on external relations or fundamental rights which were used to assess the appropriateness of granting visa liberalisation or on the ground of a deterioration in the Union’s external relations with a third country, the Commission should favour a targeted approach, applying the suspension first and foremost to individuals holding positions of responsibility, such as members of that third country’s official delegations, members of local, regional and national governments, members of parliaments or high-ranking public or military officials, minimising adverse consequences to the general population of that third country. The Commission should continuously monitor whether the triggering of the suspension mechanism has achieved the intended result and regularly report thereon to the European Parliament and to the Council.

Recital 2

(10b) Where a decision to temporarily suspend the visa exemption has been taken on the grounds that a third country whose nationals have been exempted from the visa requirement as a result of the successful conclusion of a visa liberalisation dialogue has not complied with the specific requirements on external relations or fundamental rights which were used to assess the appropriateness of granting visa liberalisation or on the ground of a deterioration in the Union’s external relations with a third country, and such decision targeted categories of nationals of that third country in the positions of responsibility, the Member States should take all necessary steps not to provide for exceptions from the temporary visa requirement for the whole duration of temporary measures.

Text proposed by the Commission

(10c) Where the Commission considers suspending an exemption from the visa requirement based on its own analysis or following a notification by a Member State, it should take into account, in its assessment, the impact of the suspension on the civil society in the third country concerned, in particular where the human rights situation in that third country has deteriorated.

Amendment

(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 implementing act should be 12 months in a first phase, with a possibility to extend it by a further 24 months with a delegated act in a second phase. When adopting that delegated act, it is important that the Commission explain in detail 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. Where no solution is found before the end of the period of validity of the delegated act and the Commission presents a legislative proposal to transfer the concerned third country from Annex II to Annex I of Regulation (EU) 2018/1806, the Commission should adopt a delegated act extending the temporary suspension until the entry into force of the adopted proposal, but not longer than 24 months.

(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 a wider range of irregular migration, public policy and security risks arising from the third countries listed in that Annex II, as well as the abuse of the visa exemption through the operation of investor citizenship schemes by those third countries.

(11a) Where an implementing act temporarily suspending the exemption from the visa requirement for nationals of a third country is adopted based on the grounds that a third country whose nationals have been exempted from the visa requirement as a result of the successful conclusion of a visa liberalisation dialogue has not complied with the specific requirements on external relations or fundamental rights which were used to assess the appropriateness of granting visa liberalisation or on the ground of a deterioration in the Union’s external relations with a third country, and those circumstances persist, the Commission should be able to decide that a delegated act extending the suspension applies only to certain categories of nationals, taking into account the specific circumstances of the case and the principle of proportionality. Where no solution is found before the end of the period of validity of that delegated act, the Commission should reassess the situation and should be able to decide to further extend the suspension by way of a second delegated act concerning designated categories of nationals.

(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 a wider range of irregular migration, public policy and security risks arising from the third countries listed in that Annex II, as well as the abuse of the visa exemption through the operation of investor citizenship schemes by those third countries, and the non-compliance with the specific requirements, in particular those set out with respect to the Union's external relations with the relevant third country, including, considerations of human rights and fundamental freedoms.

(12) ▌In duly justified cases where the urgency of the matter requires it, for example to prevent ▌ a mass influx of third-country nationals arriving irregularly in the territory of the Member States or a serious damage to the public policy or internal security of Member States, the Commission should adopt implementing acts in accordance with Article 5 in conjunction with Article 3(3) and (5) of Regulation (EU) 182/2011. Such provisions allow, in particular, to impose shorter time limits to the competent committee to deliver its opinion.

Or. en

(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. To this end, the Commission should adopt, respectively, an implementing act before the end of the period of suspension set out in the relevant implementing act, and a delegated act before the end of the period of suspension set out in the relevant delegated act.

Amendment 2

(13a) This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC; Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

Proposal for a regulation

(14) As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, points B and C, of Council Decision 1999/437/EC.

Recital 6 a (new)

(15) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, points B and C, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC.

Text proposed by the Commission

(16) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, points B and C, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2011/350/EU.

Amendment

▌

(6a) It should be possible to trigger the suspension mechanism in cases related to the Union's external relations with the relevant third country, including, in particular, considerations of human rights and fundamental freedoms. Such considerations should include breach of bilateral or multilateral agreements between the Union or the Union and the Member States, on the one hand, and the relevant third country, on the other; serious breaches of international law and standards, including international human rights law, by the relevant third country, including non-compliance with international court decisions and rulings; hostile acts or aggression against one or more Member States or the Union by the relevant third country; serious human rights violations, including criminalisation of abortion and LGBTQ+ persons, and the introduction or the use of death penalty by the relevant third country; and non-compliance with relevant Union sanctions in relation to the relevant third country.

(18) As regards Cyprus, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession ▌,

Or. en

HAVE ADOPTED THIS REGULATION:

Amendment 3

Article 1

Proposal for a regulation

Regulation (EU) 2018/1806 is amended as follows:

Article 1 – paragraph 1 – point 2

(1) Article 8 is replaced by the following:

Regulation (EU) 2018/1806

“Article 8

Article 8a – paragraph 1 – point d – point ii

Suspension mechanism

Text proposed by the Commission

1. By way of derogation from Article 4, the exemption from the visa requirement for nationals of a third country listed in Annex II shall be temporarily suspended, based on relevant and objective data, in accordance with the conditions and procedure ▌ set out in Articles 8a to 8f (“suspension mechanism”).

Amendment

The suspension mechanism may be triggered by a notification of a Member State to the Commission in accordance with Article 8b, or on the basis of the Commission’s own analysis in accordance with Article 8c.

2. In cases where an agreement on the short-stay visa waiver between the Union and a third country listed in Annex II has been concluded, ▌ Articles 8a, 8e and 8f of this Regulation shall apply without prejudice to the relevant provisions on grounds for suspension and procedures set out in the agreement.”

(2) the following Articles are inserted:

“Article 8a

Grounds for suspension

1. The suspension mechanism may be triggered on any of the following grounds:

(a) a substantial increase in the number of nationals of a third country listed in Annex II refused entry or found to be staying in a Member State’s territory without a right to do so;

(b) a substantial increase in the number of asylum applications from the nationals of a third country listed in Annex II for which the recognition rate is low;

(c) a decrease in cooperation on readmission with a third country listed in Annex II, or other cases of non-cooperation on readmission;

(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, in particular deriving from any of the following:

(i) a substantial increase in serious criminal offences, linked to the nationals of that third country, substantiated by objective, concrete and relevant information and data provided by the competent authorities;

(ii) hybrid threats;

deleted

(iii) systemic deficiencies in document security legislation or procedures;

Or. en

(e) the operation, by a third country listed in Annex II, of 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;

Justification

(f) the non-alignment of the visa policy of a third country listed in Annex II which, where, in particular because of the geographic proximity of that third country to the Union, could lead to a substantial increase in the number of third-country nationals, other than nationals of that third country, who enter irregularly the territory of the Member States after having stayed on, or transited through, the territory of that third country;

The Rapporteur considers this ground should be part of the deliberation of the grounds under Union's external relations with the relevant third country as proposed in point (ga).

(g) with regard to the third countries whose nationals have been exempted from the visa requirement when travelling to the territory of the Member States as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country, the non-compliance with the specific requirements, which are based on Article 1 and which were used to assess the appropriateness of granting visa liberalisation.

Amendment 4

(h) a deterioration in the Union’s external relations with a third country listed in Annex II caused by:

Proposal for a regulation

(i) serious breaches by that third country of the principles set out in the Charter of the United Nations;

Article 1 – paragraph 1 – point 2

(ii) grave violations by that third country of fundamental freedoms or of the obligations deriving from international human rights law or international humanitarian law;

Regulation (EU) 2018/1806

(iii) serious breaches of international law and international legal standards;

Article 8a – paragraph 1 – point g a (new)

(iv) that third country carrying out hostile acts against the Union or Member States with the aim of destabilising or undermining society or institutions which are key for the public policy and internal security of the Union or the Member States; or

Text proposed by the Commission

(v) non-compliance with international court decisions and rulings;

Amendment

(i) 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.

(ga) the non-compliance with the specific requirements, which are based on Article 1, in particular the Union's external relations with the relevant third country, including, considerations of human rights and fundamental freedoms, deriving from any of the following:

2. For the purposes of paragraph 1, points (a), (b) and (d)(i), and paragraph 4 of this Article a substantial increase shall be understood to mean an increase exceeding a threshold of 30%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a different threshold increase is applicable in the particular case. The Commission shall duly justify any such conclusion.

(i) breach of bilateral and multilateral agreements between the Union or the Union and the Member States, on the one hand, and the relevant third country, on the other;

By ... [36 months after the entry into force of this amending act], the Commission shall assess how the threshold set out in the first subparagraph has been implemented and shall present the results of that assessment to the European Parliament and to the Council. The assessment shall focus, in particular, on whether the threshold is relevant for the purposes of the suspension mechanism.

(ii) serious breaches of international law and standards, including international human rights law, by the relevant third country, including non-compliance with international court decisions and rulings;

3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall be understood to mean a recognition rate of asylum applications of less than 20%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a different recognition rate is applicable in the particular case. The Commission shall duly justify any such conclusion.

(iii) hostile acts or aggression against one or more Member States or the Union by the relevant third country;

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 or, where a readmission agreement concluded between the Union or that Member State and that third country so provides, for third-country nationals having transited through that third country.

(iv) serious human rights violations, including criminalisation of abortion and LGBTQ+ persons, and the introduction or the use of death penalty by the relevant third country;

5. For the purposes of paragraph 1, point (c), the following may be considered as other cases of non-cooperation on readmission:

(v) the non-compliance with relevant Union sanctions in relation to the relevant third country;

(a) refusing or failing to process readmission applications in a timely manner, including failing to assist in identifying third-country nationals for whom a Member State has submitted readmission applications or otherwise creating persisting practical obstacles regarding the enforcement of returns.

Or. en

(b) failing to issue travel documents in a timely manner 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;

Justification

(c) terminating or suspending the readmission agreement concluded between a third country listed in Annex II and the Union.

Article 1 determines the basis for the exemption from visa requirements for the nationals of the third countries when travelling to the territory of the Member States, which are based on a case-by-case assessment of a variety of criteria, and article 8 provides grounds for the suspension of the said exemption. There is however, a gap between the conditions for visa exemption and the grounds for its suspension, in particular in relation to the Union's external relations with the relevant third country, including, in particular, considerations of human rights and fundamental freedoms. The Rapporteur wishes to close this gap by extending the grounds for suspension in Article 8 as set out.

Article 8b

Amendment 5

Notification by Member States and examination of the notification

Proposal for a regulation

1. A Member State may notify the Commission if it is confronted, over a period between two and 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), (c), and (d)(i).

Article 1 – paragraph 1 – point 2

1a. 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 (d)(ii), (d)(iii), (e), (f) and (i).

Regulation (EU) 2018/1806

2. The notification referred to in paragraphs 1 and 1a of this Article shall state the reasons on which it is based. Where applicable, that notification 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.

Article 8c – paragraph 1 – subparagraph 2 a (new)

3. The Commission shall inform the European Parliament and the Council immediately of such notification.

Text proposed by the Commission

4. The Commission shall examine without delay any notification made pursuant to paragraphs 1 and 1a of this Article, taking into account:

Amendment

(a) whether any of the circumstances amounting to the grounds referred to in Article 8a(1), points (a), (b), (c), (d), (e), (f) or (i) exist;

The Commission shall monitor the continuous compliance with the specific requirements, which are based on Article 1, in particular the Union's external relations with the relevant third country, and, with regard to the third countries listed in Annex II and which benefit from visa liberalisation, the grounds for suspension as referred to in Article 8a(1), point (ga).

(b) the number of Member States affected by any of those circumstances;

Or. en

(c) the overall impact of those circumstances on the migratory situation in the Union as it appears from the data provided by the Member States or available to the Commission;

Amendment 6

(d) The reports prepared by the European Border and Coast Guard established by Regulation (EU) 2019/1896 of the European Parliament and of the Council, the European Union Agency for Asylum established by Regulation (EU) 2021/2303 of the European Parliament and of the Council, the European Union Agency for Law Enforcement Cooperation (Europol) established by Regulation (EU) 2016/794 of the European Parliament and of the Council or any other relevant institution, body, office or agency of the Union or international organisation, if the circumstances so require in the specific case;

Proposal for a regulation

(e) the information which the Member State concerned may have given in its notification in relation to possible measures under Article 8e(1);

Article 1 – paragraph 1 – point 2

(f) the overall question of public policy and internal security, in consultation with the Member State concerned.

Regulation (EU) 2018/1806

(4a) As part of its examination pursuant to paragraph 4, the Commission shall also assess the necessity, proportionality and consequences of a suspension of the exemption from the visa requirement.

Article 8d – paragraph 1

5. The Commission shall inform the European Parliament and the Council of the results of its examination.

Text proposed by the Commission

Article 8c

Amendment

The Commission’s monitoring and own analysis

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 as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country, at least once a year and for a period of seven years after the date of entry into force of visa liberalisation for those third countries, and thereafter whenever the Commission considers it to be necessary, or upon request by the European Parliament or by the Council. The report shall focus 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.

1. The Commission shall monitor the existence of the grounds for suspension referred to in Article 8a(1) on a regular basis.

1. The Commission shall on an annualWith basisparticular reportregard to the European Parliament and to thethird Councilcountries onwhich thehave monitoringbeen conductedlisted in accordance with ArticleAnnex 8c(1),II andas ina particularresult wheneverof the Commission considers it to be necessary, orsuccessful uponconclusion requestof bya thevisa Europeanliberalisation Parliamentdialogue orconducted bybetween the Council. The report shall focusUnion onand thethat third countries whichcountry, the Commission considers, based on concrete and reliableshall information,also asmonitor nothe longercontinuous complyingcompliance with certainthe specific requirements, which are based on Article 1 and which were used to assess the appropriateness of granting visa liberalisation.

Or. en

2. Where the Commission, taking into account the relevant data, reports and statistics, including data, reports and statistics from any relevant Union institution, body, office or agency, 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.

EXPLANATORY STATEMENT

Article 8d

1. Background

Reporting

One of the basic pillars of the EU visa policy is the Regulation (EU) 2018/1806 of the European Parliament and of the Council 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 for stays of no more than 90 days in any 180-day period.

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 as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country, at least once a year and for a period of seven years after the date of entry into force of visa liberalisation for those third countries. After that period the Commission shall report whenever it considers ▌ to be necessary, or upon request by the European Parliament or by the Council. The report shall focus 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.

It determines the basic principles for granting visa liberalisation, sets the so-called “positive” or visa exempt third countries and “negative” or visa required third countries lists, and it provides for safeguards when visa free regime could be suspended via two basic mechanisms, namely the reciprocity mechanism and the suspension mechanism, as well as the procedures for their triggering.

2. The Commission shall also report, whenever it considers it to be necessary, or upon request by the European Parliament or by the Council, on third countries listed in Annex II other than the ones referred to in paragraph 1 of this Article.

Following the calls from both co-legislators on the need to revise the suspension mechanism in order to be more adapt to the emerging challenges, the European Commission presented in October 2023 targeted proposal for the revision of the suspension mechanism with the aim to strengthen and improve several elements of it. The proposed revision concerns the revision of Article 8 and includes several substantive amendments related to the possible grounds for suspension as well as to the procedures.

Article 8e

This suspension mechanism was first introduced in 2013 with the main purpose to enable a temporary suspension of the visa exemption in case of a sudden and substantial increase in irregular migration. The mechanism was subsequently revised in 2017 by making it easier for Member States to notify circumstances leading to a possible suspension and by enabling the Commission to trigger the suspension mechanism on its own initiative.

Implementing acts

2. The proposed amendments to the suspension mechanism

1. ▌The Commission shall adopt an implementing act ▌ suspending for a period of 12 months the exemption from the visa requirement for the nationals of a third country where:

In its latest proposal, the Commission makes several changes to the current mechanism. New suspension ground are proposed related to hybrid threats such as situations of state-sponsored instrumentalisation of migrants aimed at destabilising or undermining society and key institutions, as well as new grounds specifically addressing investor citizenship schemes, which are currently operated by number of visa exempt third countries.

(a) the Commission has decided, on the basis of the examination referred to in Article 8b(4) or of the analysis referred to in Article 8c(2), that such action is necessary; or

A new suspension ground is also added to cover 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.

(b) a simple majority of Member States has notified the Commission of the existence of the circumstances referred to in Article 8a(1), point (a), (b), (c), (d), (e), (f) or (i).

Also new with this proposal is the possibility for 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.

In coming to a decision as referred to in point (a) of the first subparagraph, the Commission shall work together in close cooperation with the third country concerned to find alternative long-term solutions in respect of the relevant ground or grounds referred to in Article 8a(1) and take into account the political context, the economic matters at stake and the consequences of a suspension of the exemption from the visa requirement for the overall external relations of the Union and the Member States with that third country. The Commission shall also take into account the consequences of such suspension on the civil society in the third country concerned, in particular where the human rights situation in that third country has deteriorated.

The proposal also makes changes to 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. It also modifies the reference period for identifying the existence of the circumstances which may lead to the suspension.

Where the Commission has adopted an implementing act under this paragraph on the grounds referred to in Article 8a(1) point (g) as regards non-compliance with specific requirements on external relations or fundamental rights, or point (h) which temporarily suspends the exemption from the visa requirement for nationals of the third country concerned who hold diplomatic passports, service/official passports or special passports, the Member States shall not provide for new exceptions under Article 6(1)(a). Member States that have bilateral agreements with the third country concerned, shall take the necessary steps not to apply the exceptions based on Article 6(1)(a).

The Commission will also have the 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.

The suspension shall apply to certain categories of nationals of the third country concerned, by reference to the relevant types of travel documents and, where appropriate, to additional criteria. When deciding to which categories the suspension is to apply, the Commission shall, based on the information available, include categories that are broad enough in order to efficiently contribute to remedying the circumstances that led to the suspension, while respecting the principle of proportionality and non- discrimination in line with Article 21 of the Charter of Fundamental Rights of the European Union. That implementing act shall fix the date on which the suspension of the exemption from the visa requirement is to take effect.

This procedure is further amended 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), as well as a new urgency procedure is introduced when the situation requires immediate action by the Commission.

The Commission shall submit the draft implementing act referred to in the first subparagraph to the Committee referred to in Article 11(1)

3. Position of the Rapporteur

(a) within one month of:

The expansion of the visa-free travel to several new third countries in recent years, as well as constantly new emerging challenges and crisis occurring around the world, the Rapporteur considers that the European Union needs effective and sufficient tools to respond to such challenges, including in the area of visa policy.

(a) receiving the notification referred to in Article 8b(1);

The Rapporteur in that respect therefore largely supports the aim of the Commission and the need to strengthen and improve the visa suspension mechanism. It is worth noting that since its introduction in 2013, the suspension mechanism has only been triggered once. Namely in the case of Vanuatu due to EU’s concerns of its operation of investor citizenship schemes, for which a partial suspension has been adopted by the Council in March 2022, following by a full suspension in October of 2022, which is still in place.

(b) informing the European Parliament and the Council of its analysis referred to in Article 8c(2); or

Due to ever changing world and evolution of the EU policies as well as the visa free regime, the Rapporteur believes that the revision of the suspension mechanism ought to look at the EU visa policy holistically considering all aspects.

(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), (d),(e), (f) or (i);

The Rapporteur therefore believes that there is an inherent gap between the conditions for the exemption from EU visa requirements, which are based on a case-by-case assessment of a variety of criteria, and the grounds allowing for the suspension from the said exemption. The Rapporteur considers as well that a discrepancy exists particular in relation to the Union's external relations with the relevant third countries, including considerations of human rights and fundamental freedoms.

(b) within two months of receiving the notification by a Member State referred to in Article 8b(1a).

In that regard, the Rapporteur is of the opinion that grounds for suspension of visa free regime with a third country must include considerations relating to Union’s or in certain cases Member States’ external relations with the relevant third country.

The implementing acts referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 11(2).

Those grounds for suspension should include, among others: a) breaches or suspension of bilateral and multilateral agreements between the European Union or the European Union and its Member States, on the one hand, and the relevant third countries, on the other; b) serious breaches of international law and standards, including international humanitarian law, by the relevant third country, including non-compliance with the international court decisions and rulings; c) hostile acts or aggression against one or more Member States or the Union by the relevant third country; d) serious human rights violations, including criminalisation of abortion, LGBTQ+ persons, as well as the introduction or the use of death penalty by the relevant third country; and e) the non-compliance with the relevant EU sanctions.

2. By derogation to paragraph 1, Article 8b and Article 8c(2), the following provision applies in duly justified cases where the urgency ▌ of the matter requires it.

The Rapporteur also believes that the regular evaluation is needed of the continue fulfilment of the basic grounds for third countries benefiting from visa liberalisation which was not a result of the successful conclusion of a visa liberalisation dialogue. In that respect, the Rapporteur supports the Commission’s proposal as regards the monitoring the existence of the grounds for suspension for all third countries, however their consideration must undoubtedly include considerations relating to Union’s or in certain cases Member States’ external relations with the relevant third country.

Where the Commission has concrete and reliable information on the existence of any of the grounds referred to in Article 8a(1) and decides that swift action is needed, the Commission shall adopt an implementing act temporarily suspending the exemption from the visa requirement for all or certain categories of nationals of the third country concerned for a period of 12 months. That implementing act shall fix the date on which the suspension of the exemption from the visa requirement is to take effect.

Since the current parliamentary term is quickly coming to an end, the Rapporteur wishes to quickly proceed with the adoption of the European Parliament’s negotiating mandate in order to secure a progressive text which should be reflected also in the EU visa policy going forward.

The implementing acts referred to in the second subparagraph shall be adopted in accordance with the examination procedure referred to in Article 11(2). The chair of the committee provided for in Article 11(1) shall consider shortening the time period for convening a meeting of the committee, as referred to in Article 3(3), second subparagraph of Regulation 182/2011 and making use of the written procedure referred to in Article 3(5) of that Regulation.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

2a. Without prejudice to the application of Article 6, during the period of suspension, the categories of nationals of the third country concerned covered by the implementing act shall be required to be in possession of a visa when crossing the external borders of the Member States.

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he has received input from the following entities or persons in the preparation of the draft report:

2b. Without prejudice to the application of Article 8e(1) subparagraph 3, a Member State which, in accordance with Article 6, provides for new exceptions from the visa requirement for a category of nationals of the third country covered by the implementing act suspending the exemption from the visa requirement shall communicate those measures in accordance with Article 12.

Entity and/or person

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. The Commission shall inform the European Parliament and the Council on the progress and outcome of the dialogue and on the effectiveness of the suspension.

College Green Group Ltd

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 implementing acts adopted pursuant to paragraphs 1 and 2, the Commission shall adopt an implementing act to lift the temporary suspension in accordance with the examination procedure referred to in Article 11(2).

The list above is drawn up under the exclusive responsibility of the rapporteur.

Article 8f

Delegated acts

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) and (2), 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. ▌

1a. Where the implementing act referred to in Article 8e(1) and (2) temporarily suspending the exemption from the visa requirement was based on the circumstances referred to in Article 8a(1) point (g) as regards non-compliance with specific requirements on external relations or fundamental rights, or point (h), the delegated act may apply to certain categories of nationals, designated in accordance with the principles laid out in Article 8e(1) subparagraph 2.

The amendment referred to in the first subparagraph 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 and, where applicable, the designated categories of nationals of that third country. The delegated act shall take effect from the date of expiry of the relevant implementing act referred to in Article 8e(1) and (2).

Article 8e(1) subparagraph 3 shall apply accordingly.

2. Without prejudice to the application of Article 6 and the third subparagraph of paragraph 1a of this Article, 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.

3. Without prejudice to Article 8e(1) subparagraph 3, a Member State which, in accordance with Article 6 ▌ provides for new exceptions from the visa requirement for a category of nationals of the third country covered by the act suspending the exemption from the visa requirement shall communicate those measures in accordance with Article 12.

4. Before the end of the period of validity of the delegated act adopted pursuant to paragraph 1 of this Article, the Commission shall submit a report to the European Parliament and to the Council on the temporary application of the visa suspension, on the dialogue between the Commission and the third country concerned and on the measures taken to remedy the circumstances having led to the temporary suspension of the visa exemption.

The report may be accompanied by a legislative proposal to amend this Regulation in order to transfer the reference to the third country concerned from Annex II to Annex I. In that case, the Commission shall adopt a further delegated act in accordance with Article 10, amending Annex II to extend the period of suspension of the exemption from the visa requirement set by the delegated act adopted pursuant to paragraph 1 of this Article until the entry into force of the amendment transferring the third country concerned to Annex I, for a maximum period of 24 months. The footnote shall be amended accordingly.

Where the delegated act adopted pursuant to paragraph 1 of this Article applied to nationals of the third country concerned who hold diplomatic passports, service/official passports or special passports, based on persistance of the circumstances referred to in Article 8a(1) point (g) as regards non-compliance with specific requirements on external relations or fundamental rights, or point (h), the report may indicate the need to further extend the regime by another period of 24 months by means of another delegated act. Subparagraph 1 and 2 of this paragraph shall apply accordingly.

5. 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 delegated acts adopted pursuant to paragraphs 1 and 4 of this Article, the Commission shall adopt a delegated act in accordance with Article 10 amending Annex II to lift the temporary suspension.”

(3) Article 10 is amended as follows:

(a) in paragraph 3, ‘point (b) of Article 8(6)’ is replaced by ‘Article 8f;

(b) in paragraph 4, ‘point (b) of Article 8(6)’ is replaced by ‘Article 8f;

(c) in paragraph 8, ‘point (b) of Article 8(6)’ is replaced by ‘Article 8f.

▌

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels,

For the European Parliament For the Council

The President The President