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

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

A-10-2025-0035

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Matjaž Nemec

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Parliament's amended version of the proposed regulation strengthens the visa suspension mechanism by broadening grounds for suspension, adjusting procedures, and reinforcing Commission monitoring and reporting. It adds new suspension grounds for hybrid threats, investor citizenship schemes, visa policy misalignment, and deterioration in external relations due to serious breaches or hostile acts. It lowers the threshold for substantial increase to 40%, removes the fixed low recognition rate, and allows reference periods between two and twelve months. It extends suspension periods, allows targeted suspensions for certain passport holders, and adds reporting and dialogue requirements.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs proposes to amend the Commission proposal to strengthen the suspension mechanism, adding new grounds and adjusting procedures.

Key points

  1. The suspension mechanism may be triggered on grounds including hybrid threats, investor citizenship schemes, visa policy misalignment, and deterioration in external relations due to serious breaches or hostile acts.
  2. A substantial increase means an increase exceeding 40%, unless the Commission concludes a different threshold applies, with justification.
  3. The provision setting a low recognition rate of asylum applications at less than 4% is deleted.
  4. Member States may notify the Commission over a period between two and twelve months, and may notify grounds beyond those in Article 8a(1)(a)-(d)(i).
  5. The Commission must assess necessity, proportionality, and consequences of suspension, and consider impact on reciprocity and non-discrimination.
  6. The Commission must report periodically on monitoring of visa-free regimes, at least once within a four-year period for countries listed in Annex II, and annually for seven years for those listed after a visa liberalisation dialogue.
  7. The Commission may adopt implementing acts to suspend visa exemption for 12 months, extendable by delegated act for up to 24 months, with further extension of six months or until entry into force of a legislative proposal.
  8. Suspension may apply to holders of diplomatic, service/official, or special passports, and Member States shall not provide exceptions for them.
  9. The Commission may adopt immediately applicable implementing acts in cases of serious threat to public policy or internal security, and must inform Parliament and Council.
  10. The Commission must establish an enhanced dialogue with the third country and report regularly on progress and effectiveness.
  11. A new Article 8fa allows suspension of exceptions from visa requirements for holders of diplomatic, service/official, or special passports from Annex I countries in case of deterioration in external relations.

Who is affected

  • Third countries listed in Annex II to Regulation (EU) 2018/1806 whose nationals are exempt from visa requirements.
  • Holders of diplomatic, service/official, or special passports from third countries subject to suspension.
  • Member States, which may notify the Commission and must implement suspensions without exceptions for certain passport holders.
  • The Commission, which gains new monitoring, reporting, and decision-making duties.

Figures and deadlines

  • 40% threshold for substantial increase in cases of irregular migration, asylum applications, or criminal offences.
  • Reference period between two and twelve months for Member State notifications.
  • 12 months initial suspension period, extendable by 24 months, with possible further six-month extension.
  • Reporting at least once within a four-year period for Annex II countries, and annually for seven years after visa liberalisation.

Legal basis: Article 77(2)(a) of the Treaty on the Functioning of the European Union