Visa suspension mechanism: Revision of Regulation (EU) 2018/1806

European Union (EU) Regulation 2018/1806, the Visa Regulation, determines the non-EU countries whose nationals are subject to, or exempt from, the visa requirement. The EU currently has a visa exemption regime with 61 non-EU countries – including two special administrative regions of China (Hong Kong and Macao) and one territorial authority (Taiwan) that is not recognised as a state by at least one EU Member State. By 1 January 2024, Kosovo will join the list. Under this regime, nationals from these non-EU countries can enter the Schengen area for short stays of up to 90 days in any 180 day period without a visa. Article 8 of the Visa Regulation sets out the visa suspension mechanism (VSM). The VSM is a safeguard against the abuse of visa-free travel. The mechanism enables the temporary suspension of the visa exemption in cases of a sudden and substantial increase in irregular migration or security risks. Thus, the EU can suspend its visa waiver or visa facilitation when a non-EU country no longer satisfies the conditions of the agreement. Suspensions can be triggered by an EU Member State or by the European Commission. According to the Commission, the monitoring of the EU's visa-free regimes, including Commission reports under the VSM, has shown that migration and security challenges can result from visa-free travel. For example, visa-free entries into the Western Balkans by nationals of countries that would require a visa to enter the EU, have had an impact on the increased number of irregular arrivals to the EU in 2022. This, in turn, increased the burden on certain Member States asylum systems, at a time of an overall increase in asylum claims. In March 2023, at the initiative of the Swedish Presidency of the Council of the EU, the Justice and Home Affairs Council discussed a possible revision of the EU rules concerning the visa-free regimes with non-EU countries, and in particular of the VSM. During the discussions, it was agreed that the Commission would re-assess and improve the monitoring of visa-free regimes with non-EU countries, and re-examine the VSM itself. On 18 October 2023, the Commission presented a legislative proposal for the amendment of the VSM.