Regulation (EU) 2018/1806 is amended as follows:
(1)
Article 8 is replaced by the following:
‘Article 8
1. By way of derogation from Article 4, the exemption from the visa requirement for nationals of a third country listed in Annex II may be temporarily suspended, based on relevant and objective data, in accordance with the conditions and procedures set out in Articles 8a to 8f (the “suspension mechanism”).
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. Where a short-stay visa waiver agreement 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 that agreement.’
;
(2)
the following articles are inserted:
‘Article 8a
1. The suspension mechanism may be triggered on the basis of any of the following grounds:
(a)
a substantial increase in the number of nationals of a third country listed in Annex II refused entry to a Member State’s territory 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 where it derives 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;
(iii)
systemic deficiencies in document security law or procedures;
(e)
the operation, by a third country listed in Annex II, of an investor citizenship scheme under which citizenship is granted to a person, in exchange for pre-determined payments or investments, without that person having any genuine link to that third country;
(f)
the non-alignment of the visa policy of a third country listed in Annex II with the visa policy of the Union which, in particular because of the geographic proximity of that third country to the Union, could lead to a substantial increase in the number of nationals of other third countries irregularly entering the territory of the Member States after having stayed on, or transited through, the territory of that third country;
(g)
in relation to third countries listed in Annex II as a result of the successful conclusion of a visa liberalisation dialogue with the Union, non-compliance by such a third country with the specific requirements, based on Article 1, which were used to assess the appropriateness of granting its nationals an exemption from the visa requirement;
(h)
a deterioration in the Union’s external relations with a third country listed in Annex II caused by:
(i)
serious breaches by that third country of the principles set out in the Charter of the United Nations;
(ii)
grave violations by that third country of fundamental freedoms or of the obligations deriving from international human rights law or international humanitarian law;
(iii)
serious breaches by that third country of international law and international legal standards;
(iv)
non-compliance by that third country with international court decisions and rulings; or
(v)
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 Member States;
(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 the agreement concerned.
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 concludes, on the basis of its examination pursuant to Article 8b(5) or of its analysis as referred to in Article 8c(2), that a different threshold is applicable in the particular case. The Commission shall duly justify any such conclusion.
By 31 December 2028, 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.
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 concludes, on the basis of its examination pursuant to Article 8b(5) or its analysis as referred to in Article 8c(2), that a different recognition rate is applicable in the particular case. The Commission shall duly justify any such conclusion.
4. For the purposes of paragraph 1, point (c), a decrease in cooperation on readmission with a third country listed in Annex II shall be understood to 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.
5. For the purposes of paragraph 1, point (c), the following may be considered as other cases of non-cooperation on readmission:
(a)
refusing or failing to process readmission applications in a timely manner, including by 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;
(b)
failing to issue travel documents in a timely manner for the purpose of returning third-country nationals within the deadlines set out in a readmission agreement with a third country listed in Annex II or refusing to accept European travel documents issued following the expiry of the deadlines set out in such a readmission agreement;
(c)
terminating or suspending a readmission agreement concluded between the Union and a third country listed in Annex II.
Article 8b
1. A Member State may notify the Commission where, over a period of between 2 and 12 months, compared with either the same period in the preceding year or the last two months prior to the date of application of the exemption from the visa requirement for nationals of a third country listed in Annex II, one or more of the circumstances amounting to the grounds for suspension set out in Article 8a(1), points (a), (b), (c) and (d)(i), exist in relation to that Member State.
2. A Member State may notify the Commission of the existence of one or more of the circumstances amounting to the grounds for suspension set out in Article 8a(1), points (d)(ii) and (iii), (e), (f) and (i).
3. Notifications as referred to in paragraphs 1 and 2 of this Article shall state the reasons on which they are based. Where applicable, such notifications 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 circumstances giving rise to the notification. A Member State may specify in its notification the categories of nationals of the third country concerned which are to be covered by an implementing act adopted pursuant to Article 8e(1), setting out the detailed reasons for doing so.
4. The Commission shall immediately inform the European Parliament and the Council of any notification received pursuant to paragraph 1 or 2.
5. The Commission shall examine, without delay, any notification made pursuant to paragraph 1 or 2 of this Article, taking into account:
(a)
whether any of the circumstances amounting to the grounds for suspension set out in Article 8a(1), point (a), (b), (c), (d), (e), (f) or (i), exist;
(b)
the number of Member States affected by any of those circumstances;
(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;
(d)
reports prepared by the European Border and Coast Guard, established by Regulation (EU) 2019/1896 of the European Parliament and of the Council ( *1 ) , the European Union Agency for Asylum, established by Regulation (EU) 2021/2303 of the European Parliament and of the Council ( *2 ) , the European Union Agency for Law Enforcement Cooperation (Europol), established by Regulation (EU) 2016/794 of the European Parliament and of the Council ( *3 ) , or any other relevant institution, body, office or agency of the Union or international organisation, if the circumstances so require in the specific case;
(e)
any information which a Member State has provided in its notification in relation to possible measures under Article 8e(1);
(f)
the overall question of public policy and internal security, in consultation with the Member State concerned.
6. As part of its examination pursuant to paragraph 5, the Commission shall assess the necessity, proportionality and consequences of a suspension of the exemption from the visa requirement.
7. The Commission shall inform the European Parliament and the Council of the results of its examination pursuant to paragraph 5.
Article 8c
1. The Commission shall monitor, on a regular basis, whether the circumstances amounting to the grounds for suspension set out in Article 8a(1) exist.
In particular, the Commission shall also monitor whether the third countries listed in Annex II as a result of the successful conclusion of a visa liberalisation dialogue with the Union continue to comply with the specific requirements, based on Article 1, which were used to assess the appropriateness of granting their nationals an exemption from the visa requirement.
2. The Commission shall inform the European Parliament and the Council where, after having analysed relevant data, reports and statistics, including data, reports and statistics from any relevant Union institution, body, office or agency, it has concrete and reliable information on the existence of any of the circumstances amounting to the grounds for suspension set out in Article 8a(1). The Commission shall then take the necessary measures in accordance with Articles 8e and 8f.
Article 8d
1. The Commission shall report to the European Parliament and to the Council on the monitoring conducted pursuant to Article 8c(1) in relation to the third countries listed in Annex II as a result of the successful conclusion of a visa liberalisation dialogue with the Union. That reporting shall take place at least once a year and for a period of seven years from the date of entry into force of the legal act exempting the nationals of the third country concerned from the visa requirement. After that period, the Commission shall report to the European Parliament and to the Council on the monitoring whenever it considers it necessary or at the request of the European Parliament or the Council. Such reports shall focus on the third countries which the Commission considers, based on concrete and reliable information, as no longer complying with certain specific requirements, based on Article 1, which were used to assess the appropriateness of granting their nationals an exemption from the visa requirement.
2. In addition to the reporting obligations provided for in paragraph 1 of this Article, whenever it considers it necessary or at the request of the European Parliament or the Council, the Commission shall report to the European Parliament and to the Council on the monitoring conducted pursuant to Article 8c(1) in relation to other third countries listed in Annex II.
Article 8e
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:
(a)
it has decided, on the basis of its examination pursuant to Article 8b(5) or of its analysis as referred to in Article 8c(2), that such action is necessary; or
(b)
a simple majority of Member States has notified the Commission of the existence of the circumstances amounting to the grounds for suspension set out in Article 8a(1), point (a), (b), (c), (d), (e), (f) or (i).
2. In coming to a decision as referred to in point (a) of paragraph 1, the Commission shall:
(a)
work together in close cooperation with the third country concerned to find alternative long-term solutions in respect of the relevant circumstance or circumstances amounting to the grounds for suspension set out in Article 8a(1);
(b)
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 the third country concerned; and
(c)
take into account the consequences of a suspension of the exemption from the visa requirement on civil society in the third country concerned, in particular where the human rights situation in that third country has deteriorated.
3. The suspension provided for in an implementing act adopted pursuant to paragraph 1 of this Article 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. Implementing acts adopted pursuant to paragraph 1 of this Article shall fix the date on which the suspension of the exemption from the visa requirement is to take effect.
4. The Commission shall submit a draft of an implementing act as referred to in paragraph 1 of this Article to the committee referred to in Article 11(1):
(a)
within one month of:
(i)
receiving a notification by a Member State pursuant to Article 8b(1);
(ii)
informing the European Parliament and the Council of its analysis as referred to in Article 8c(2); or
(iii)
receiving a notification from a simple majority of Member States of the existence of the circumstances amounting to the grounds set out in Article 8a(1), point (a), (b), (c), (d),(e), (f) or (i);
(b)
within two months of receiving a notification by a Member State pursuant to Article 8b(2).
Implementing acts as referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 11(2).
5. By way of derogation from paragraphs 1 to 4 of this Article, Article 8b and Article 8c(2), where justified by the urgency of the matter, the Commission shall, where it has concrete and reliable information on the existence of any of the circumstances amounting to the grounds for suspension set out in Article 8a(1) and decides that swift action is needed, 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. Such implementing acts shall fix the date on which the suspension of the exemption from the visa requirement is to take effect.
Implementing acts as referred to in the first subparagraph of this paragraph 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 to convene a meeting of the committee as referred to in Article 3(3), second subparagraph, of Regulation (EU) No 182/2011 and making use of the written procedure referred to in Article 3(5) of that Regulation.
6. Without prejudice to Article 6, during the period of suspension, the categories of nationals of the third country covered by an implementing act adopted pursuant to paragraph 1 or 5 of this Article shall be required to be in possession of a visa when crossing the external borders of the Member States.
7. Where the Commission has adopted an implementing act under paragraph 1 or 5 of this Article on the ground for suspension set out in Article 8a(1), point (g), as regards non-compliance with specific requirements on external relations or fundamental rights, or on the ground set out in Article 8a(1), point (h), temporarily suspending the exemption from the visa requirement for nationals of a third country who hold diplomatic passports, service/official passports or special passports, the Member States shall not provide for new exceptions from the visa requirement pursuant to Article 6(1), point (a). Member States that have bilateral agreements with the third country concerned shall take the necessary steps not to apply exceptions adopted pursuant to Article 6(1), point (a).
8. Without prejudice to paragraph 7 of this Article, a Member State which, pursuant to Article 6, takes measures providing for new exceptions from the visa requirement for a category of nationals of the third country covered by an implementing act adopted pursuant to paragraph 1 or 5 of this Article shall communicate those measures in accordance with Article 12.
9. 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 of the progress and outcome of the dialogue and of the effectiveness of the suspension.
10. 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 application of the implementing act adopted pursuant to paragraph 1 or 5 of this Article, the Commission shall adopt an implementing act to lift the temporary suspension in accordance with the examination procedure referred to in Article 11(2).
Article 8f
1. Where the circumstances amounting to the relevant grounds for suspension set out in Article 8a(1) persist with regard to a third country whose nationals are covered by an implementing act adopted pursuant to Article 8e(1) or (5), the Commission shall adopt, at the latest two months before the expiry of the 12-month suspension period provided for by the implementing act, a delegated act in accordance with Article 10 in order to amend Annex II to temporarily suspend the application of that Annex for a period of 24 months for all nationals of that third country.
2. By way of derogation from paragraph 1 of this Article, where the implementing act referred to in Article 8e(1) or (5) covering the nationals of the third country concerned was adopted on the ground set out in Article 8a(1), point (g), as regards non-compliance with specific requirements on external relations or fundamental rights, or on the ground set out in Article 8a(1), point (h), the Commission may, by means of a delegated act as referred to in paragraph 1 of this Article, temporarily suspend the application of Annex II for a period of 24 months for certain categories of nationals of that third country, designated in accordance with the principles laid down in Article 8e(3).
3. The amendment referred to in paragraph 1 shall be made by inserting a footnote next to the name of the third country concerned indicating that the exemption from the visa requirement is suspended with regard to that third country and specifying the period of the suspension and, where applicable, the designated categories of nationals of that third country to whom the suspension applies. The delegated act shall take effect from the end of the period of application of the relevant implementing act referred to in Article 8e(1) or (5).
Article 8e(7) shall apply mutatis mutandis .
4. Without prejudice to Article 6 and the second subparagraph of paragraph 3 of this Article, during the period of suspension, the nationals of the third country covered by a delegated act adopted pursuant to paragraph 1 of this Article shall be required to be in possession of a visa when crossing the external borders of the Member States.
5. Without prejudice to Article 8e(7), a Member State which, pursuant to Article 6, takes measures providing for new exceptions to the visa requirement for a category of nationals of the third country covered by a delegated act adopted pursuant to paragraph 1 of this Article shall communicate those measures in accordance with Article 12.
6. Before the end of the period of application of a delegated act adopted pursuant to paragraph 1, the Commission shall submit a report to the European Parliament and to the Council on the temporary application of the suspension of the exemption from the visa requirement, on the dialogue between the Commission and the third country concerned and on the measures taken to remedy the circumstances that led to the temporary suspension of the visa exemption.
Reports as referred to in the first subparagraph 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 delegated act in accordance with Article 10 in order to amend 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 reference to the third country concerned to Annex I. That extension shall not exceed a period of 24 months. The footnote accompanying the reference shall be amended accordingly.
Where, on the grounds of the persisting nature of the circumstances amounting to grounds for suspension set out in Article 8a(1), point (g), as regards non-compliance with specific requirements on external relations or fundamental rights, or of the circumstances amounting to grounds for suspension set out in Article 8a(1), point (h), a delegated act adopted pursuant to paragraph 1 of this Article was applied pursuant to paragraph 2 of this Article to nationals of a third country who hold diplomatic passports, service/official passports or special passports, the Commission may indicate in the report related to that delegated act that there is a need to adopt a further delegated act in order to extend the period of suspension by another period of 24 months. In that case, the first and second subparagraphs of this paragraph shall apply mutatis mutandis .
7. 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 application of a delegated act adopted pursuant to paragraph 1 or 5 of this Article, the Commission shall adopt a delegated act in accordance with Article 10 in order to amend Annex II to lift the temporary suspension.
( *1 ) 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 , ELI: http://data.europa.eu/eli/reg/2019/1896/oj )."
( *2 ) 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 , ELI: http://data.europa.eu/eli/reg/2021/2303/oj )."
( *3 ) 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 , ELI: http://data.europa.eu/eli/reg/2016/794/oj ).’;"
(3)
Article 10 is amended as follows:
(a)
paragraph 3 is replaced by the following:
‘3. The power to adopt delegated acts referred to in Article 8f shall be conferred on the Commission for a period of five years from 28 March 2017. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.’
;
(b)
paragraph 4 is replaced by the following:
‘4. The delegation of power referred to in Article 7, point (f), and in Article 8f may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.’
;
(c)
paragraph 8 is replaced by the following:
‘8. A delegated act adopted pursuant to Article 8f shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.’.