Considerations on COM(2016)279 - Amendment of the regulation listing third countries whose nationals require visa and those whose nationals are exempt from that requirement (Turkey)

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dossier COM(2016)279 - Amendment of the regulation listing third countries whose nationals require visa and those whose nationals are exempt from ...
document COM(2016)279 EN
date May  4, 2016
 
(1) Council Regulation (EC) No 539/2001 18 lists the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States and those whose nationals are exempt from that requirement. The composition of the lists of third countries in Annexes I and II should be, and should remain, consistent with the criteria set out therein. References to third countries in respect of which the situation has changed as regards those criteria should be transferred from one annex to the other, as appropriate.

(2) The criteria which should be taken into account when determining – based on a case-by-case assessment – the third countries whose nationals are subject to, or exempt from, the visa requirement are laid down in Article -1 of Regulation (EC) No  539/2001. They include “illegal immigration, public policy and security, economic benefit, in particular in terms of tourism and foreign trade, and the Union’s external relations with the relevant third countries, including in particular, considerations of human rights and fundamental freedoms, as well as the implications of regional coherence and reciprocity”.

(3) Following the EU-Turkey Summits on 29 November 2015 and on 18 March 2016 it was agreed that the fulfilment of the visa liberalisation roadmap presented by the Commission to the Turkish Government on 16 December 2013 will be accelerated vis-à-vis all participating Member States with a view to lifting the visa requirements for Turkish nationals at the latest by the end of June 2016.

(4) Visa liberalisation for Turkey is a key component of the EU-Turkey Statement of 18 March 2016. The Statement stipulates that the visa requirement for Turkish citizens should be lifted at the latest by the end of June 2016. Presenting the proposal for visa liberalisation at the beginning of May enables the eight-week period provided to national Parliaments by Article 4 of Protocol No 1 to the Treaties on the role of national Parliaments in the European Union to elapse before its adoption at the end of June.

(5) [Turkey has met the requirements of its visa liberalisation roadmap. On the basis of this assessment and taking account of all the criteria listed in Article -1 of Regulation (EC) No 539/2001, it is appropriate to exempt Turkish nationals from the visa requirement when travelling to the territory of the Member States.]

(6) Turkey should thus be transferred from Annex I to Regulation (EC) No 539/2001 to Annex II thereof.

(7) The visa exemption is dependent upon the continued implementation of the requirements of the visa liberalisation roadmap and of the European Union-Turkey Statement of 18 March 2016. The Commission will actively monitor the implementation of the requirements and of the Statement. The visa exemption may be suspended by the EU in line with the suspension mechanism established by Article 1a of Regulation (EC) No 539/2001, as amended by Regulation xxx, should the conditions set out therein be met.

(8) This visa exemption should apply only to holders of biometric passports issued in line with the standards of Council Regulation (EC) No 2252/2004 19  Exceptionally the exemption should also apply to holders of biometric passports that include the passport holders' fingerprints, issued in line with standards of the International Civil Aviation Organisation (ICAO), and provided that such passports were issued between 1 June 2016 and 31 December 2016. This exception will expire on 31 December 2017.

(9) This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC 20 . The United Kingdom is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(10) This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC 21 . Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(11) As regards Iceland and Norway, this Regulation constitutes a development of 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 association of those two States with the implementation, application and development of the Schengen acquis, which fall within the area referred to in point B of Article 1, of Council Decision 1999/437/EC 22 .

(12) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of 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 point B of Article 1, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC 23 .

(13) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol signed 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 point B of Article 1, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU 24 .