REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1806 as regards the revision of the suspension mechanism

21.3.2025 - (COM(2023)0642 – C9‑0392/2023 – 2023/0371(COD)) - ***I

Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Matjaž Nemec

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
EXPLANATORY STATEMENT
ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
PROCEDURE – COMMITTEE RESPONSIBLE
FINAL VOTE BY ROLL CALL BY THE COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1806 as regards the revision of the suspension mechanism

(COM(2023)0642 – C9‑0392/2023 – 2023/0371(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0642),

– having regard to Article 294(2) and Article 77(2), point (a), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0392/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to Rule 60 of its Rules of Procedure,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A10-0035/2025),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 1 a (new)


Text proposed by the Commission	Amendment
	(1a) Visa-free travel brings significant benefits to the Union and third countries alike. Economic, social and cultural relations with third countries create prosperity and establish the Union as an open and free bloc. The Union’s common visa policy, in that regard, is a cornerstone of its engagement with third countries. At the same time, the evolving geopolitical context has brought new challenges linked to visa-free travel. Abuse of, and security risks resulting from, visa-free travel to the Union require a swift and adequate response. It is imperative that the Union be equipped to deal with those challenges accordingly.

Amendment 2

Proposal for a regulation

Recital 2


Text proposed by the Commission	Amendment
(2) The mechanism for the temporary suspension of the exemption from the visa requirement for the nationals of a third country listed in Annex II to Regulation (EU) 2018/1806 (‘the suspension mechanism’) should be strengthened for the Union to have at its disposal a more efficient safeguard aimed at preventing a wider range of irregular migration, public policy and security risks arising from the third countries listed in that Annex II, as well as the abuse of the visa exemption through the operation of investor citizenship schemes by those third countries.	(2) In order to address the new challenges linked to visa-free travel, the mechanism for the temporary suspension of the exemption from the visa requirement for the nationals of a third country listed in Annex II to Regulation (EU) 2018/1806 (‘the suspension mechanism’) should be strengthened for the Union to have at its disposal a more efficient safeguard aimed at preventing a wider range of risks arising from the third countries listed in that Annex II, as well as the abuse of the visa exemption through the operation of investor citizenship schemes by those third countries.

Amendment 3

Proposal for a regulation

Recital 3


Text proposed by the Commission	Amendment
(3) In particular, the use of the suspension mechanism should be facilitated by broadening the possible grounds for suspension, adapting the relevant thresholds and procedures, and strengthening the Commission’s monitoring and reporting obligations.	(3) In particular, the use of the suspension mechanism should be facilitated by broadening the possible grounds for suspension, making the relevant procedures more precise and strengthening the Commission’s monitoring and reporting obligations. Furthermore, the Commission should assess the overall impact of visa suspensions, including on reciprocity.

Amendment 4

Proposal for a regulation

Recital 4


Text proposed by the Commission	Amendment
(4) The Union has concluded a number of agreements on the short-stay visa waiver with countries listed in Annex II to Regulation (EU) 2018/1806 which may include different grounds for suspension or different procedures than the ones set out in the suspension mechanism, and may conclude further of those agreements in the future. As the Union respects international agreements and, thus, is bound by these agreements, the relevant different provisions set out in those agreements should be applied instead of the relevant provisions of the suspension mechanism.	(4) The Union has concluded a number of agreements on the short-stay visa waiver with countries listed in Annex II to Regulation (EU) 2018/1806 which may include different grounds for suspension or different procedures than the ones set out in the suspension mechanism. It should be possible for the Union to suspend the visa-free regime established by those agreements by means of a generally applicable legal act of the Union. For that reason, the relevant grounds for suspension set out in those agreements should be included in the suspension mechanism. However, the use of the grounds for suspension set out in a short-stay visa waiver agreement should be limited to the scope of application of that agreement.

Amendment 5

Proposal for a regulation

Recital 5


Text proposed by the Commission	Amendment
(5) In its conclusions of 22 October 2021, the European Council invited the Commission to propose any necessary changes to the Union’s legal framework and concrete measures to ensure an immediate and appropriate response to hybrid threats in line with Union law and international obligations. Therefore, it should be possible to trigger the suspension mechanism in case of risks or threats to the public policy or internal security of the Member States arising from hybrid threats such as situations of state-sponsored instrumentalisation of migrants aimed at destabilising or undermining society and key institutions.	(5) Due to a need to ensure an immediate and appropriate response to hybrid threats in line with Union law and international obligations, it should be possible to trigger the suspension mechanism in case of risks or threats to the public policy or internal security of the Member States arising from hybrid threats such as situations of state-sponsored instrumentalisation of migrants, as referred to in Regulation (EU) 2024/1359, which aim to destabilise or undermine society and key institutions.

Amendment 6

Proposal for a regulation

Recital 6


Text proposed by the Commission	Amendment
(6) Investor citizenship schemes operated by third countries listed in Annex II to Regulation (EU) 2018/1806 allow visa-free travel to the Union to third-country nationals that would otherwise be visa required. Under an investor citizenship scheme, citizenship is granted in return for pre-determined payments or investments without any genuine link to the third country concerned. While the Union respects the right of sovereign countries to decide on their own naturalisation procedures, visa-free third countries should be deterred from using visa-free access to the Union as a tool for leveraging individual investment in return for their citizenship. To prevent visa-free access to the Union being used for this purpose, it should be possible to suspend the visa exemption for a third country which chooses to operate such investor citizenship schemes, whereby citizenship is granted without any genuine link to the third country concerned.	(6) Investor citizenship schemes operated by third countries listed in Annex II to Regulation (EU) 2018/1806 allow visa-free travel to the Union to third-country nationals that would otherwise be visa required. Under an investor citizenship scheme, citizenship is granted in return for pre-determined payments or investments without any genuine link to the third country concerned. While the Union respects the right of sovereign countries to decide on their own naturalisation procedures, visa-free third countries should be deterred from using visa-free access to the Union as a tool for leveraging individual investment in return for their citizenship. In addition, a lack of comprehensive security checks, vetting procedures and due diligence by such third countries with regard to investor citizenship schemes pose several serious security risks for Union citizens, such as those stemming from money laundering and corruption. To prevent visa-free access to the Union being used for this purpose, it should be possible to suspend the visa exemption for a third country which chooses to operate such investor citizenship schemes, whereby citizenship is granted without any genuine link to the third country concerned.

Amendment 7

Proposal for a regulation

Recital 7


Text proposed by the Commission	Amendment
(7) Where the visa policy of a third country listed in Annex II to Regulation (EU) 2018/1806 is not aligned with the visa policy of the Union as regards the list of third countries whose nationals are required to be in possession of a visa when crossing the external borders of the Member States, this could result in irregular migration to the Union, in particular where the concerned third country is in close geographic proximity to the Union. Therefore, it should be possible to trigger the suspension mechanism where, following an assessment, the Commission concludes that there is a risk of a substantial increase in the number of third-country nationals, other than nationals of that third country, who arrive legally in the territory of that third country and then irregularly enter the territory of the Member States.	(7) Where the visa policy of a third country listed in Annex II to Regulation (EU) 2018/1806 is not aligned with the visa policy of the Union as regards the list of third countries whose nationals are required to be in possession of a visa when crossing the external borders of the Member States, this could result in irregular migration to the Union, in particular where the concerned third country is in close geographic proximity to the Union. Therefore, it should be possible to trigger the suspension mechanism where, following an assessment, the Commission concludes that there is a substantial increase in the number of third-country nationals, other than nationals of that third country, who arrive legally in the territory of that third country and then irregularly enter the territory of the Member States.

Amendment 8

Proposal for a regulation

Recital 7 a (new)


Text proposed by the Commission	Amendment
	(7a) Refusing or failing to process readmission applications could include cases of a third country failing to assist, in a timely manner, in identifying third country nationals for whom a Member State has submitted readmission applications to that third country or otherwise creating persisting practical obstacles regarding the enforcement of readmission decisions.

Amendment 9

Proposal for a regulation

Recital 8


Text proposed by the Commission	Amendment
(8) The thresholds to trigger the suspension mechanism in case of a substantial increase in the number of nationals of a third country refused entry or found to be staying in the Member State’s territory without a right to do so, or in the number of asylum applications from the nationals of that third country for which the recognition rate is low, or in the number of serious criminal offences linked to the nationals of that third country, should be subject to a case-by-case assessment by the Commission. In particular, the Commission should be able to assess whether there are specific circumstances, in the cases notified by Member States or under its own analysis, which would justify the application of lower or higher thresholds than those indicated in relevant provisions of Regulation (EU) 2018/1806. The Commission’s assessment should take into account, for example, the number of unauthorised crossings of the external borders of the Member States, unfounded asylum applications or criminal offences in proportion to the number and size of Member States affected and the impact of those numbers on the overall migratory situation, functioning of the asylum systems or internal security of the Member States affected, as well as actions taken by the third country concerned to remedy the situation.	(8) The thresholds to trigger the suspension mechanism in case of a substantial increase in the number of nationals of a third country refused entry or found to be staying in the Member State’s territory without a right to do so, or in the number of asylum applications from the nationals of that third country for which the recognition rate is low, should be clearly set out in order to avoid diverging interpretations and the risk of inconsistent practices. In particular, the Commission should assess whether there are specific circumstances, in the cases notified by Member States or under its own analysis, which would justify the application of the relevant provisions of Regulation (EU) 2018/1806. Additionally, taking into account the impact that a suspension of the exemption from the visa requirement might have on relations with the third country concerned and on the rights of its nationals, the Commission should thoroughly assess the necessity, proportionality and consequences of such a suspension before adopting the relevant act.

Amendment 10

Proposal for a regulation

Recital 8 a (new)


Text proposed by the Commission	Amendment
	(8a) For the purpose of determining whether a recognition rate of asylum application is low, it is important that the Commission carry out a case-by-case assessment, taking into account the latest available yearly Union-wide average Eurostat data, the way in which relevant Union law on asylum is being implemented, and the specific circumstances of the third country concerned.

Amendment 11

Proposal for a regulation

Recital 8 b (new)


Text proposed by the Commission	Amendment
	(8b) It should be possible to trigger the suspension mechanism in the event of serious breaches by a third country of the principles set out in the Charter of the United Nations or in the event of grave violations of the obligations deriving from international human rights law or international humanitarian law, violations of bilateral agreements between the Union and that third country, non-compliance or non-alignment with relevant Union sanctions, or hostile acts towards the Union or Member States which aim to destabilise or undermine society and key institutions for the public policy and internal security of the Member states and the Union. Such hostile acts could result from foreign interference in political processes, economic coercion, cyber operations, economic espionage or the sabotage of critical infrastructure.

Amendment 12

Proposal for a regulation

Recital 8 c (new)


Text proposed by the Commission	Amendment
	(8c) Where the Commission considers suspending an exemption from the visa requirement on its own accord or following a notification by a Member State, the Commission should take into account, in its evaluation, the impact of the proposed suspension on the principles of visa reciprocity and non-discrimination and whether the proposed suspension represents an appropriate measure to remedy the situation. Special attention should be given to civil society, in particular where the human rights situation in the third country concerned has deteriorated.

Amendment 13

Proposal for a regulation

Recital 9


Text proposed by the Commission	Amendment
(9) For the purpose of notifying to the Commission the circumstances that may amount to a ground for suspension, Member States should be able to take into account reference periods longer than two months in order to identify not only sudden changes in the relevant situation, but also longer-term trends that may justify the use of the visa suspension mechanism.	(9) For the purpose of notifying to the Commission the circumstances that may amount to a ground for suspension, Member States should take into account reference periods between two and twelve months in order to identify sudden changes in the relevant situation that may justify the use of the visa suspension mechanism. The suspension mechanism should only be triggered where the reasons for relying on the relevant ground are sufficient and clear. The Commission should fully and immediately inform the European Parliament and the Council of notifications it receives and decisions it takes as a result.

Amendment 14

Proposal for a regulation

Recital 10


Text proposed by the Commission	Amendment
(10) Whenever it considers it necessary, or upon request by the European Parliament or by the Council, the Commission should report on the outcome of its systematic monitoring of the visa-free regimes with all the third countries listed in Annex II to Regulation (EU) 2018/1806. The report should focus on those third countries which, according to the Commission’s analysis, present specific problems that, if not addressed, may lead to trigger the suspension mechanism. In particular, the Commission should consider reporting on countries which have been newly listed in Annex II without undergoing a visa liberalisation dialogue, where it considers it necessary and in particular in the first years following the entry into force of the visa exemption for those countries.	(10) Whenever it considers it necessary, or upon request by the European Parliament or by the Council, the Commission should report on the outcome of its systematic monitoring of the visa-free regimes with all the third countries listed in Annex II to Regulation (EU) 2018/1806. The report should focus on those third countries which, according to the Commission’s analysis, present specific problems that, if not addressed, may lead to trigger the suspension mechanism. In particular, the Commission should report on countries which have been newly listed in Annex II without undergoing a visa liberalisation dialogue, where it considers it necessary and in particular in the first years following the entry into force of the visa exemption for those countries.

Amendment 15

Proposal for a regulation

Recital 10 a (new)


Text proposed by the Commission	Amendment
	(10a) In light of the far-reaching consequences that the temporary suspension of an exemption from the visa requirement might have on the nationals of the third country concerned, the Commission should favour a targeted approach, applying the suspension first and foremost to selected individuals holding positions of responsibility, such as members of that third country’s official delegations, members of local, regional and national governments, members of parliaments or high-ranking public or military officials, while making every effort to minimise the adverse consequences on the general population of that third country. The Commission should continuously monitor whether the triggering of the suspension mechanism has achieved the intended result and regularly report thereon to the European Parliament and to the Council.

Amendment 16

Proposal for a regulation

Recital 11


Text proposed by the Commission	Amendment
(11) Where a decision to temporarily suspend the visa exemption for a third country has been taken, there should be an adequate timeframe for the enhanced dialogue between the Commission and the concerned third country aimed at remedying the circumstances that led to the suspension. For this purpose, the duration of the temporary suspension decided by a Commission implementing act should be 12 months in a first phase, with a possibility to extend it by a further 24 months with a delegated act in a second phase. Where no solution is found before the end of the period of validity of the delegated act and the Commission presents a legislative proposal to transfer the concerned third country from Annex II to Annex I of Regulation (EU) 2018/1806, the Commission should adopt a delegated act extending the temporary suspension until the entry into force of the adopted proposal.	(11) Where a decision to temporarily suspend the visa exemption for a third country has been taken, there should be an adequate timeframe for the enhanced dialogue between the Commission and the concerned third country aimed at remedying the circumstances that led to the suspension. For this purpose, the duration of the temporary suspension decided by a Commission implementing act should be 12 months in a first phase, with a possibility to extend it by a further 24 months with a delegated act in a second phase. Where no solution is found before the end of the period of validity of the delegated act and the Commission presents a legislative proposal to transfer the concerned third country from Annex II to Annex I of Regulation (EU) 2018/1806, the Commission should adopt a delegated act extending the temporary suspension for a further six months or until the entry into force of the adopted proposal, whichever comes first.

Amendment 17

Proposal for a regulation

Recital 12


Text proposed by the Commission	Amendment
(12) The Commission should adopt immediately applicable implementing acts where, in duly justified cases related to the triggering of the suspension mechanism, imperative grounds of urgency require expedited action, in particular to prevent any abuse of visa-free travel causing a mass influx of third-country nationals arriving irregularly in the territory of the Member States or a serious damage to the public policy or internal security of Member States.	(12) The Commission should adopt immediately applicable implementing acts where, in duly justified cases related to the triggering of the suspension mechanism, a serious threat to public policy or internal security of a Member State requires immediate action, in particular to prevent any abuse of visa-free travel causing a mass influx of third-country nationals arriving irregularly in the territory of the Member States or a serious damage to the public policy or internal security of Member States.

Amendment 18

Proposal for a regulation

Recital 13


Text proposed by the Commission	Amendment
(13) The temporary suspension should be lifted at any time where the circumstances that led to the suspension are remedied before the end of the period of the suspension. To this end, the Commission should adopt, respectively, an implementing act before the end of the period of suspension set out in the relevant implementing act, and a delegated act before the end of the period of suspension set out in the relevant delegated act.	(13) The temporary suspension should be lifted at any time where the circumstances that led to the suspension are remedied before the end of the period of the suspension or where the suspension turns out to be ineffective for the purpose of remedying the situation. To this end, the Commission should adopt, respectively, an implementing act before the end of the period of suspension set out in the relevant implementing act, and a delegated act before the end of the period of suspension set out in the relevant delegated act.

Amendment 19

Proposal for a regulation

Recital 14


Text proposed by the Commission	Amendment
(14) As regards Iceland and Norway, this Regulation constitutes a development of the 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 latters’ association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, points B, of Council Decision 1999/437/EC23.	(14) As regards Iceland and Norway, this Regulation constitutes a development of the 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 latters’ association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, points B and C, of Council Decision 1999/437/EC23.
__________________	__________________
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).	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).

Amendment 20

Proposal for a regulation

Article 1 – paragraph 1 – point -1 (new)

Regulation (EU) 2018/1806

Article 7 – paragraph 1 – subparagraph 1 – point d


Present text	Amendment
	(-1) In Article 7 point (d) is replaced by the following:
(d) the Commission shall, when considering further steps in accordance with point (e), (f) or (h), take into account the outcome of the measures taken by the Member State concerned with a view to ensuring visa-free travel with the third country in question, the steps taken in accordance with point (b), and the consequences of the suspension of the exemption from the visa requirement for the external relations of the Union and its Member States with the third country in question;	“(d) the Commission shall, when considering further steps in accordance with point (e) or (h), take into account the outcome of the measures taken by the Member State concerned with a view to ensuring visa-free travel with the third country in question, the steps taken in accordance with point (b), and the consequences of the suspension of the exemption from the visa requirement for the external relations of the Union and its Member States with the third country in question;”

Amendment 21

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) 2018/1806

Article 8 – paragraph 2


Text proposed by the Commission	Amendment
2. In cases where an agreement on the short-stay visa waiver between the Union and a third country listed in Annex II includes provisions on different grounds or procedures for suspension, those provisions shall be applied instead of Articles 8a, 8e and 8f of this Regulation.	2. In cases where an agreement on the short-stay visa waiver 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 the agreement.

Amendment 22

Proposal for a regulation