Visa reciprocity

11.7.2018

Question for written answer E-003842-18
to the Commission
Rule 130
Wolf Klinz (ALDE) , Nadja Hirsch (ALDE) , Gesine Meissner (ALDE)

In line with 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, the Commission was legally obliged to propose by 12 April 2016, a delegated act temporarily suspending the visa waiver for US citizens because the US has not lifted its visa requirements for citizens of Croatia, Poland, Bulgaria, Romania and Cyprus.

This obligation of the Commission was confirmed by the Court of Justice of the European Union (CJEU) on 16 July 2015 with its decision regarding Case C-88/14. The Commission has failed to act since 12 April 2016.

Does the Commission agree that in light of the decision by the CJEU on 16 July 2015 regarding Case C-88/14, the Commission, according to EC law, has been obliged since 12 April 2016 to propose a delegated act temporarily suspending the visa waiver for US citizens?