Annexes to COM(2023)642 - Amendment of Regulation (EU) 2018/1806 as regards the revision of the suspension mechanism - Main contents

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dossier	COM(2023)642 - Amendment of Regulation (EU) 2018/1806 as regards the revision of the suspension mechanism.
document	COM(2023)642
date	October 18, 2023

Annex II of Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, OJ L 303 28.11.2018, p. 39. In addition, nationals from two special administrative regions of China (Hong Kong and Macao) and one territorial authority that is not recognised as a state by at least one EU member state (Taiwan) and, at the latest by 1 January 2024, Kosovo*, are also visa exempted.
(2) The year 2019 is the last representative reference year before the travel restrictions due to Covid-19.
(3) Safe-and-seamless-travel-and-improved-traveller-experience-OECDReport-for-the-G20-TWG_merged.pdf
(4) The top 5 EU destinations for travellers from visa-free non-EU countries in 2019 were: Spain (61.1 million), France (54.7 million), Italy (51.1 million), Germany (49.2 million), Greece (25.8 million).
(5) Article 8(4) of Regulation (EU) 2018/1806 requires the Commission to monitor the continuous compliance with the specific requirements, which are based on Article 1 and which were used to assess the appropriateness of granting visa liberalisation, by the third countries whose nationals have been exempted from the visa requirement when travelling to the territory of Member States as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country. To this end, since 2017 the Commission has adopted five reports under the Visa Suspension Mechanism, covering the visa-free partners in the Western Balkans (Albania, Bosnia and Herzegovina, Montenegro, North Macedonia and Serbia) and in the Eastern Partnership (Georgia, Moldova, and Ukraine). Furthermore, the Commission regularly monitors visa-free regimes with other third countries, in the context of the possibility to trigger the suspension mechanism on its own initiative, as per Article 8(3) of Regulation (EU) 2018/1806.
(6) Report From the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Investor Citizenship and Residence Schemes in the European Union, COM(2019) 12 final.
(7) European Council meeting (21 and 22 October 2021) – Conclusions.
(8) Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, OJ L 303 28.11.2018, p. 39.
(9) COM/2023/297 final.
(10) Regulation (EU) No 1289/2013 of the European Parliament and of the Council of 11 December 2013 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, OJ L 347, 20.12.2013, p. 74–80.
(11) Regulation (EU) 2017/371 of the European Parliament and of the Council of 1 March 2017 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (revision of the suspension mechanism), OJ L 61, 8.3.2017, p. 1–6.
(12) Regulation (EC) No 767/2008 concerning the visa information system and the exchange of data between Member States on short-stay visas (VIS regulation).
(13) Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226.
(14) Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011.
(15) Regulation (EU) 2018/1860 on the use of the Schengen Information System (SIS) for the return of illegally staying third-country nationals; Regulation (EU) 2018/1861 on the establishment, operation and use of the SIS in the field of border checks, and amending the Convention implementing the Schengen Agreement; Regulation (EU) 2018/1862 on the establishment, operation and use of the SIS in the field of police cooperation and judicial cooperation in criminal matters.
(16) Report from the Commission to the European Parliament and the Council on the effectiveness of the visa suspension mechanism and on the delegation of power under such mechanism, COM/2021/603 final.
(17) Commission Implementing Regulation (EU) 2022/693 of 27 April 2022 on the temporary suspension of the visa exemption for nationals of Vanuatu, C/2022/2309, OJ L 129, 3.5.2022, p. 18–21.
(18) European Parliament resolution of 9 March 2022 with proposals to the Commission on citizenship and residence by investment schemes (2021/2026(INL)).
(19) https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13910-EU-visa-policy-revision-of-the-visa-suspension-mechanism_en
(20) As defined in the Joint Communication to the European Parliament and the Council: Joint Framework on countering hybrid threats a European Union response, JOIN(2016) 18 final; and Joint Communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Responding to state-sponsored instrumentalisation of migrants at the EU external border, JOIN(2021) 32 final.
(21) Report From the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Investor Citizenship and Residence Schemes in the European Union, COM (2019) 12 final, page 23.
(22) Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 303 28.11.2018, p. 39).
(23) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application 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 (OJ L 176, 10.7.1999, p. 31).
(24) OJ L 53, 27.2.2008, p. 52.
(25) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, 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 (OJ L 53, 27.2.2008, p. 1).
(26) OJ L 160, 18.6.2011, p. 21.
(27) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 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, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).
(28) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p.20).
(29) Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
(30) Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (OJ L 468, 30.12.2021, p. 1).
(31) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
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