REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1806, 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 (Kuwait, Qatar)

5.12.2022 - (COM(2022)0189 – C9‑0160/2022 – 2022/0135(COD)) - ***I

Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Erik Marquardt

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1806, 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 (Kuwait, Qatar)

(COM(2022)0189 – C9‑0160/2022 – 2022/0135(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0189),

– 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 (C9‑0160/2022),

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

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0288/2022),

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 3

Text proposed by the Commission	Amendment
(3) Kuwait and Qatar present low risks of irregular migration to the Union and issue biometric passports in line with standards of the International Civil Aviation Organisation. Security cooperation with those countries has intensified in recent years. As regards economic interests, Kuwait and Qatar are important economic partners for the Union, in particular in the area of energy. Although challenges remain in the area of human rights and fundamental freedoms, Kuwait and Qatar have undergone societal transformations and improvements regarding women’s rights, labour rights and freedom of religion and interfaith dialogue and are expected to continue making progress and reforms. The long-term benefits of visa-free travel to the EU can reinforce positive trends in these areas.	(3) Based on the Commission’s assessment, Kuwait and Qatar fulfil the criteria set out in Regulation (EU) 2018/1806, allowing their inclusion on the list of third countries whose nationals are exempt from the visa requirement. Both countries have  proven to be important partners for the Union in recent times. Taking into account regional coherence and considering the criteria set out in Regulation (EU) 2018/1806, it would also be appropriate to include Oman on  the list of third countries whose nationals are exempt from the visa requirement, without prejudice to the further assessment made by the Commission in accordance to Regulation (EU) 2018/1806. Kuwait, Qatar and Oman also issue biometric passports in line with standards of the International Civil Aviation Organisation. However, there is a key obligation to take into consideration human rights and fundamental freedoms as part of the case-by-case assessment of criteria in Article 1 of Regulation (EU) 2018/1806, leading to a determination of the third countries whose nationals are exempt from the visa requirement.

Amendment  2

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission	Amendment
	(3a) As outlined in the Commission’s assessment (Commission’s Staff Working Document on the fulfilment by Kuwait and Qatar of the criteria listed in Article 1 of Regulation (EU) 2018/1806), in the EEAS 2021 EU Annual Report on Human Rights and Democracy in the World (Country Reports) and in various NGOs’ reports, serious concerns and many challenges remain in the area of human rights and fundamental freedoms in Kuwait, Qatar and Oman despite the recent and ongoing societal transformations and legislative changes, as also recorded by the International Labour Organisation (ILO) and the International Trade Union Confederation (ITUC). In order to guarantee the effectiveness of the visa exemption and its full reciprocity, the bilateral agreements on visa exemption should ensure that any obstacle preventing the enjoyment of the benefits of visa-free travel when crossing the external borders of the Member States be removed by allowing access for the beneficiaries on a non-discriminatory basis, in particular independent access to travel for women, members of the LGBTQ+ community and stateless persons. Such conditions should be reflected in the bilateral agreements on visa exemption that should be concluded between the Union and those countries.

Amendment  3

Proposal for a regulation

Recital 3 b (new)

Text proposed by the Commission	Amendment
	(3b) A fully-fledged, official human rights dialogue should be pursued with Kuwait, Qatar and Oman, which should take place at least on an annual basis and the outcome of that dialogue should be reported to the European Parliament. That dialogue should lead to tangible improvements and achievements with regard to, among others, labour and workers’ rights, including the rights of migrant workers and their access to compensation programmes and schemes, women’s rights, LGBTQ+ people’s rights, gender equality, freedom of religion, prohibition of torture, freedom of speech, media freedom, right of assembly, and the prohibition of the death penalty and should involve input from independent civil society actors. The bilateral agreements on visa exemption that should be concluded with the Union should include explicit and concrete commitments to this aim.

Amendment  4

 

Proposal for a regulation

Recital 3 c (new)

Text proposed by the Commission	Amendment
	(3c) Ecuador has made substantial progress and has introduced legislative changes in preparation for inclusion on the list of third countries whose nationals are exempt from the visa requirement, including the introduction of the biometric passport. Bilateral relations between Ecuador and the Union have intensified in recent years including by holding a yearly High Level Political Dialogue. There is also a large community of Ecuadorians in the Union.

Amendment  5

 

Proposal for a regulation

Recital 3 d (new)

Text proposed by the Commission	Amendment
	(3d) Ecuador has consistently demonstrated its commitment to respect human rights, but concerns remain in various fields. The Human Rights dialogue established with the Union should continue, and should lead to further improvements and achievements regarding, in particular, prison conditions, the rights of women and girls, the rights of indigenous people and of human rights defenders, as well as refugee protection in the country.

Amendment  6

Proposal for a regulation

Recital 4

Text proposed by the Commission	Amendment
(4) Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than 90 days in any 180-day period, and references to those countries should be transferred to Annex II to Regulation (EU) 2018/1806.	(4) Considering that, by facilitating people-to-people contact and helping to strengthen political, economic, research, educational, cultural and social exchanges, the long-term benefits of visa-free travel can reinforce positive trends also in the areas of human rights and fundamental freedoms, nationals of Ecuador, Kuwait, Oman and Qatar should be exempt from the visa requirement for stays of no more than 90 days in any 180-day period, and references to those countries should be transferred to Annex II to Regulation (EU) 2018/1806.

Amendment  7

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission	Amendment
	(4a) According to Regulation (EU) 2018/1806, the Commission should monitor and report regularly to the European Parliament on the human rights situation in the third countries whose nationals are exempt from the visa requirement. In order to assess the benefits, achievements and the potential improvements linked to the reciprocal exemption from the visa requirement, the bilateral agreements on visa exemption that should be concluded with the Union should provide for the annual evaluation by the Commission of the implementation of their provisions, with particular attention to their human rights and security dimensions. The Commission should transmit that annual evaluation in a timely manner to the European Parliament and to the Council.

Amendment  8

 

Proposal for a regulation

Recital 4 b (new)

Text proposed by the Commission	Amendment
	(4b) The bilateral agreements on visa exemption should also include a clear provision to the effect that a failure to implement commitments agreed to in human rights dialogues, or violations of human rights in the country concerned, could result in a suspension of the visa exemption. Use of the death penalty should result in automatic suspension of the visa exemption.

Amendment  9

 

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) The exemption from the visa requirement for nationals of Kuwait and Qatar is without prejudice to the application of EU restrictive measures adopted on the basis of Article 29 TEU and Article 215 TFEU.	(5) The exemption from the visa requirement for nationals of Ecuador, Kuwait, Oman and Qatar is without prejudice to the application of EU restrictive measures adopted on the basis of Article 29 TEU and Article 215 TFEU.

Amendment  10

Proposal for a regulation

Recital 6

Text proposed by the Commission	Amendment
(6) The exemption from the visa requirement for nationals of Kuwait and Qatar should not apply until bilateral agreements on visa waiver between the Union and Kuwait and Qatar have been concluded, in order notably to ensure full reciprocity is maintained.	(6) The exemption from the visa requirement for nationals of Ecuador, Kuwait, Oman and Qatar should not apply until bilateral agreements on visa waiver between the European Union and those countries have been concluded, in order notably to ensure full reciprocity is maintained.

Amendment  11

 

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission	Amendment
	(6a) Negotiations on the bilateral agreement on visa exemption between the European Union and Kuwait should only start once a moratorium on the death penalty is introduced in Kuwait.

Amendment  12

 

Proposal for a regulation

Recital 6 b (new)

Text proposed by the Commission	Amendment
	(6b) The Commission should assess the compliance of Oman and Ecuador with the criteria set out in this Regulation, within 3 months of this amending Regulation entering into force, before opening negotiations on bilateral agreements on visa exemption with both Oman and Ecuador.

Amendment  13

 

Proposal for a regulation

Recital 6 c (new)

Text proposed by the Commission	Amendment
	(6c) Before the conclusion of the bilateral agreement on visa exemption between the Union and Kuwait, the Commission should re-assess whether  Kuwait fulfils the criteria set out in Article 1 of Regulation (EU) 2018/1806. The European Parliament would not give its consent to the conclusion of the agreement on visa exemption between the European Union and Kuwait in the absence of such Commission’s reassessment.

Amendment  14

Proposal for a regulation

Recital 6 d (new)

Text proposed by the Commission	Amendment
	(6d) Following the model of the current process as new generation agreements under Regulation (EU) 2018/1806, the Commission should promptly assess the situation of other third countries potentially eligible for visa exemption.

Amendment  15

 

Proposal for a regulation

Article 1 – point a

Regulation (EU) 2018/1806

Annex II – point 1

Text proposed by the Commission	Amendment
(a) in point 1 of Annex I, (“STATES”) the references to Kuwait and Qatar are deleted.	(a) in point 1 of Annex I, (“STATES”) the references to Ecuador, Kuwait, Oman and Qatar are deleted.

Amendment  16

 

Proposal for a regulation

Article 1– point b – point i

Regulation (EU) 2018/1806

Annex II – point 1

Text proposed by the Commission	Amendment
“Kuwait (*)(**)”	“Kuwait (*)(**)(***)”

Amendment  17

 

Proposal for a regulation

Article 1 – point b – point i

Regulation (EU) 2018/1806

Annex II – point 1

Text proposed by the Commission	Amendment
	(***) Negotiations on the bilateral agreement on visa exemption shall only start once a moratorium on the death penalty is introduced in Kuwait.

Amendment  18

 

Proposal for a regulation

Article 1 – point b – point ii a (new)

Regulation (EU) 2018/1806

Annex II – point 1

Text proposed by the Commission	Amendment
	(iia) between the references to … and to …, the following reference is inserted:
	“Oman (*)(**)(***)”
	(*) The exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the Union.
	(**) The exemption from the visa requirement shall only apply to holders of biometric passports issued in line with the standards of the International Civil Aviation Organisation (ICAO).
	(***) Negotiations on the bilateral agreement on visa exemption shall only start as of three months from the entry into force of this amending Regulation following the positive assessment made by the European Commission of a variety of criteria laid down in Article 1 of Regulation (EU) 2018/1806.

Amendment  19

 

Proposal for a regulation

Article 1 – point b – point ii b (new)

Regulation (EU) 2018/1806

Annex II – point 1

Text proposed by the Commission	Amendment
	(iib) between the references to … and to …, the following reference is inserted:
	“Ecuador (*)(**)(***)”
	(*) The exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the  Union.
	(**) The exemption from the visa requirement shall only apply to holders of biometric passports issued in line with the standards of the International Civil Aviation Organisation (ICAO).
	(***) Negotiations on the bilateral agreement on visa exemption shall only start as of three months from the entry into force of this amending Regulation following the positive assessment made by the European Commission of a variety of criteria laid down in Article 1 of Regulation (EU) 2018/1806.

 

EXPLANATORY STATEMENT

The proposal of the European Commission aims to amend Regulation (EC) 2018/1806 to exempt nationals of Kuwait and Qatar from the requirement to be in possession of a visa when crossing the external borders of the Member States for stays of no more than 90 days in any 180-day period. The legal basis for the proposal is point (a) of Article 77(2) of the Treaty on the Functioning of the European Union (TFEU). The proposed regulation will constitute a development of the Schengen acquis.

The third countries whose nationals are exempt from the visa requirement are to be determined on the basis of a case-by-case assessment of a variety of criteria laid down in Article 1 of Regulation (EU) 2018/1806. The criteria relate inter alia to “illegal immigration, public policy and security, economic benefit, in particular in terms of tourism and foreign trade, and the Union’s external relations with the relevant third countries, including in particular, considerations of human rights and fundamental freedoms, as well as the implications of regional coherence and reciprocity”.

A visa waiver agreement, which will include safeguards in relation to the criteria of Regulation (EU) 2018/1806 having justified the visa exemption, will have to be concluded between each of the two countries and the EU to make the exemption effective. Following the application of the proposed exemption from the visa requirement, the reciprocity and suspension mechanisms of Regulation (EU) 2018/1806 can be applied in case full visa reciprocity is not ensured or if the visa-free regime is abused or in case of abuse resulting from the exemption from the visa requirement.

Visa-free travellers will continue to be checked at the EU’s external borders whether they fulfil the entry requirements, including by checking the Schengen Information System and Member States' national databases. In addition, visa-exempt travellers visiting the Schengen area will be subject to the EU Entry/Exit System (EES) and to the European Travel Information and Authorisation System (ETIAS) as soon as they are fully operational.

Both Kuwait and Qatar are important economic partners for the Union, in particular in the area of energy and in view of the EU’s objectives to diversify its energy supplies. Cooperation between the EU and Kuwait and Qatar has also intensified in the recent years in several policy fields, such as in the field of security both at bilateral level and through the Golf Cooperation Council (GCC). Additionally, Kuwait and Qatar both issue biometric passports.

Serious concerns and shortcomings remain however in the area of human rights and fundamental freedoms. Notwithstanding recent legislative reforms and political initiatives, many challenges still persist in several areas as well as in the enforcement of newly adopted legislation as pointed out, among others, in the Commission’s own assessessment, in the EEAS 2021 EU Annual Human Rights, and in the annual reports of Amnesty International and Human Rights Watch. In this context, particular attention has been devoted to the labour conditions of migrant workers in the wake of the upcoming FIFA World Cup. However, other areas of concern include women’s rights, LGBTQ+ people’s rights, freedom of religion, prohibition of torture, freedom of speech, right of assembly, and the prohibition of the death penalty.

Visa-free status can play a key role in promoting the partnership between both regions and in strengthening political dialogue, and economic, research, educational, cultural and societal exchanges. The pursuing of official human rights dialogues shall be an integral part of the commitments undertaken under the bilateral agreements to be concluded between the Union and Qatar and Kuwait, and the continuos evaluation of such dialogues shall also be foreseen. Considering that those bilateral agreement will be the first ones adopted under the new regime provided for by Regulation (EU) 2018/1806, the Rapporteur believes that the introduction of such clauses will represent a positive role model with beneficial trickle-down effects on future agreements of this kind.

The introduction of the visa free regime is of significant importance for Qatar and Kuwait citizens as well as for EU citizens, it will contribute to the deepening of people-to-people contacts and exchanges, and the strengthening of the social and cultural relations. In this regard, it will be essential to ensure equal and non-discriminatory access to all citizens of both parties to the benefits related to the visa free regime.

In order to assess the actual benefits and achievements deriving from the visa free regime and the potential need for improvements, the Rapporteur deems it appropriate to have a periodic evaluation of such regime, by incorporating in all future bilateral agreements on visa waiver an explicit provision on the evaluation and reporting by the Commission.

In view of the benefits that the visa free regime could bring to the parties involved, the EU should step up its efforts to engage with other third countries that are interested in visa-free travel to the EU. The proposed exemptions from the visa requirement for nationals of Qatar and Kuwait should give impetus to the Commission to start a concrete dialogue with other countries based on the criteria and the procedure established in Regulation (EU) 2018/1806 and to evaluate those countries potentially eligible and interested in a timely fashion.

Finally, the Rapporteur believes, that with the adoption of this proposal of the European Commission, the European Parliament confirms its commitment to strengthen people-to-people relations and societal exchanges with Kuwait and Qatar. Therefore and taking into consideration the significance of visa liberalisation for the citizens of all parties involved, the Rapporteur recommends that the members of the Committee on Civil Liberties, Justice and Home Affairs support this report.

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Amending Regulation (EU) 2018/1806, 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 (Kuwait, Qatar)
References	COM(2022)0189 – C9-0160/2022 – 2022/0135(COD)
Date submitted to Parliament	27.4.2022
Committee responsible  Date announced in plenary	LIBE 18.5.2022
Rapporteurs  Date appointed	Erik Marquardt 13.7.2022
Discussed in committee	10.10.2022
Date adopted	1.12.2022
Result of final vote	+: –: 0:	42 16 0
Members present for the final vote	Abir Al-Sahlani, Konstantinos Arvanitis, Malik Azmani, Pietro Bartolo, Vladimír Bilčík, Karolin Braunsberger-Reinhold, Patrick Breyer, Saskia Bricmont, Joachim Stanisław Brudziński, Patricia Chagnon, Caterina Chinnici, Clare Daly, Lucia Ďuriš Nicholsonová, Cornelia Ernst, Laura Ferrara, Nicolaus Fest, Andrzej Halicki, Evin Incir, Sophia in ‘t Veld, Patryk Jaki, Marina Kaljurand, Moritz Körner, Alice Kuhnke, Jeroen Lenaers, Juan Fernando López Aguilar, Erik Marquardt, Nadine Morano, Javier Moreno Sánchez, Theresa Muigg, Maite Pagazaurtundúa, Paulo Rangel, Isabel Santos, Vincenzo Sofo, Ramona Strugariu, Yana Toom, Milan Uhrík, Tom Vandendriessche, Jadwiga Wiśniewska, Javier Zarzalejos
Substitutes present for the final vote	Daniel Freund, Alessandra Mussolini, Róża Thun und Hohenstein, Romana Tomc, Dragoş Tudorache, Tom Vandenkendelaere, Loránt Vincze
Substitutes under Rule 209(7) present for the final vote	Pablo Arias Echeverría, Jarosław Duda, Emmanouil Fragkos, Krzysztof Hetman, Eva Kaili, Ska Keller, Alessandra Moretti, Ljudmila Novak, Andrey Novakov, Christine Schneider, Annie Schreijer-Pierik, Marc Tarabella
Date tabled	5.12.2022

 

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

42	+
ECR	Joachim Stanisław Brudziński, Emmanouil Fragkos, Patryk Jaki, Vincenzo Sofo, Jadwiga Wiśniewska
NI	Laura Ferrara
PPE	Pablo Arias Echeverría, Vladimír Bilčík, Karolin Braunsberger-Reinhold, Jarosław Duda, Andrzej Halicki, Krzysztof Hetman, Jeroen Lenaers, Nadine Morano, Alessandra Mussolini, Ljudmila Novak, Andrey Novakov, Paulo Rangel, Christine Schneider, Annie Schreijer-Pierik, Romana Tomc, Tom Vandenkendelaere, Loránt Vincze, Javier Zarzalejos
RENEW	Maite Pagazaurtundúa
S&D	Pietro Bartolo, Caterina Chinnici, Evin Incir, Eva Kaili, Marina Kaljurand, Juan Fernando López Aguilar, Javier Moreno Sánchez, Alessandra Moretti, Theresa Muigg, Isabel Santos, Marc Tarabella
VERTS/ALE	Patrick Breyer, Saskia Bricmont, Daniel Freund, Ska Keller, Alice Kuhnke, Erik Marquardt

 

16	-
ID	Patricia Chagnon, Nicolaus Fest, Tom Vandendriessche
NI	Milan Uhrík
RENEW	Abir Al-Sahlani, Malik Azmani, Lucia Ďuriš Nicholsonová, Sophia in 't Veld, Moritz Körner, Ramona Strugariu, Róża Thun und Hohenstein, Yana Toom, Dragoş Tudorache
THE LEFT	Konstantinos Arvanitis, Clare Daly, Cornelia Ernst

 

0	0

 

Key to symbols:

+ : in favour

- : against

0 : abstention