BRUSSELS – Ambassadors from European Union member states (Coreper) have reached a consensus on a draft regulation that proposes amendments to a mechanism enabling the EU to suspend visa-free travel for third countries whose nationals are exempt from the visa obligation when traveling to the Schengen area. This proposed legislation aims to bolster the EU’s capabilities to address situations where visa-free travel is being misused or runs counter to the EU’s interests.
The draft regulation includes several key provisions:
Lack of alignment with EU visa policy, particularly when it may result in increased arrivals to the EU due to geographical proximity.
Operation of an investor citizenship scheme, where citizenship is granted without genuine links to the third country, in exchange for predetermined payments or investments.
Hybrid threats and deficiencies in document security legislation or procedures.
Furthermore, the updated regulation introduces the possibility of suspending the visa-free regime in case of a significant and abrupt deterioration in the EU’s external relations with a third country, particularly concerning human rights and fundamental freedoms.
Existing grounds for suspension include:
Substantial increase in the number of third-country nationals refused entry or found overstaying.
Substantial increase in unfounded asylum applications from nationals of a third country with a low recognition rate.
Decrease in cooperation with the EU on readmission of individuals asked to leave EU territory.
Risk or imminent threat to public policy or internal security due to an increase in criminal offenses.
Additionally, the failure to meet visa liberalization benchmarks by partners who have undergone visa liberalization dialogues is emphasized more clearly in the new regulation.
The regulation also outlines thresholds to trigger the mechanism:
30% increase in refused entry and overstay cases, unfounded asylum applications, and serious criminal offenses.
Asylum recognition rate below 20%.
The duration of temporary suspension has been extended from 9 to 12 months, with the possibility of a 24-month extension. During this period, the European Commission will engage in dialogue with the third country to address the circumstances leading to the suspension. If no solution is found, the EU can permanently revoke the visa-free travel regime.
The reference period for identifying circumstances leading to suspension has been amended to cover at least two months, allowing for longer reference periods to be considered.
The agreement on a common position by member states will pave the way for negotiations with the European Parliament to finalize the legal text.
Background:
While visa-free travel offers economic benefits and promotes social and cultural exchanges, it also poses migration and security challenges. Overstays by visa-free travelers and high numbers of unfounded asylum applications are among the concerns addressed by the visa suspension mechanism. The current rules, in place since 2018, did not account for recent developments affecting the EU. Currently, the EU has a visa-free regime with 61 third countries, allowing nationals to enter the Schengen area for short stays without a visa.
