Revision of the Visa Suspension Mechanism

Amendments tabled for the plenary sitting on this text, in their own numbering series. This is a different set from the committee amendments tracked elsewhere on AmendEU, and is not counted in any of the site’s amendment totals.

1. Amendment 1Proposal for a regulation · Recital 1 a (new)
   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.

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2. Amendment 2Proposal for a regulation · Recital 2
   Current text

   (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.

   Amendment

   (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.

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3. Amendment 3Proposal for a regulation · Recital 3
   Current text

   (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.

   Amendment

   (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.

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4. Amendment 4Proposal for a regulation · Recital 4
   Current text

   (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.

   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. 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…

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5. Amendment 5Proposal for a regulation · Recital 5
   Current text

   (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.

   Amendment

   (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.

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6. Amendment 6Proposal for a regulation · Recital 6
   Current text

   (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 bei…

   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. In addition, a lack of comprehensive securit…

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7. Amendment 7Proposal for a regulation · Recital 7
   Current text

   (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 cou…

   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 substantial increase in the number of third-country nationals, other than nationals of that third country, who…

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8. Amendment 8Proposal for a regulation · Recital 7 a (new)
   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.

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9. Amendment 9Proposal for a regulation · Recital 8
   Current text

   (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 appl…

   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, 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) 2018/1…

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10. Amendment 10Proposal for a regulation · Recital 8 a (new)
    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.

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11. Amendment 11Proposal for a regulation · Recital 8 b (new)
    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 inter…

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12. Amendment 12Proposal for a regulation · Recital 8 c (new)
    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.

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13. Amendment 13Proposal for a regulation · Recital 9
    Current text

    (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.

    Amendment

    (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.

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14. Amendment 14Proposal for a regulation · Recital 10
    Current text

    (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…

    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 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 t…

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15. Amendment 15Proposal for a regulation · Recital 10 a (new)
    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 t…

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16. Amendment 16Proposal for a regulation · Recital 11
    Current text

    (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 fro…

    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 fro…

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17. Amendment 17Proposal for a regulation · Recital 12
    Current text

    (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.

    Amendment

    (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.

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18. Amendment 18Proposal for a regulation · Recital 13
    Current text

    (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.

    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 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.

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19. Amendment 19Proposal for a regulation · Recital 14
    Current text

    (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. __________________ 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 conce…

    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 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…

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20. Amendment 20Proposal for a regulation · Article 1 – paragraph 1 – point -1 (new) · Regulation (EU) 2018/1806 · Article 7 – paragraph 1 – subparagraph 1 – point d
    Current text

    (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;

    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) 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;”

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21. Amendment 21Proposal for a regulation · Article 1 – paragraph 1 – point 1 · Regulation (EU) 2018/1806 · Article 8 – paragraph 2
    Current text

    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.

    Amendment

    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.

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22. Amendment 22Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8a – paragraph 1 – introductory part
    Current text

    The suspension mechanism may be triggered on the following grounds:

    Amendment

    The suspension mechanism may be triggered by any of the following grounds:

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23. Amendment 23Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8a – paragraph 1 – point d – point i
    Current text

    (i) a substantial increase in serious criminal offences, linked to the nationals of that third country, substantiated by objective, concrete and relevant information and data provided by the competent authorities;

    Amendment

    (i) a substantial increase in serious criminal offences, linked to the nationals of that third country, substantiated by objective, concrete and relevant information and data provided by the competent authorities; or

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24. Amendment 24Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8a – paragraph 1 – point f
    Current text

    (f) the non-alignment of the visa policy of a third country listed in Annex II, where, in particular because of the geographic proximity of that third country to the Union, there is a risk of a substantial increase in the number of third-country nationals, other than nationals of that third country, who enter irregularly the territory of the Member States after having stayed on, or transited through, the territory of that third country;

    Amendment

    (f) the non-alignment of the visa policy of a third country listed in Annex II, where, in particular because of the geographic proximity of that third country to the Union, there is a substantial increase in the number of third-country nationals, other than nationals of that third country, who enter irregularly the territory of the Member States after having stayed on, or transited through, the territory of that third country;

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25. Amendment 25Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8a – paragraph 1 – point g a (new)
    Amendment

    (ga) a deterioration in the Union’s external relations with a third country listed in Annex II caused by: (i) serious breaches by that third country of the principles set out in the Charter of the United Nations; (ii) grave violations by that third country of the obligations deriving from international human rights law or international humanitarian law; (iii) violations by that third country of bilateral agreements between it and the Union; (iv) that third country carrying out hostile acts against the Union or Member States with the aim of destabilising or undermining society or institutions which are key for the public policy and internal security of the Union or the Member States; (v) non-…

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26. Amendment 26Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8a – paragraph 2
    Current text

    2. For the purposes of paragraph 1, points (a), (b) and (d)(i), of this Article a substantial increase shall mean an increase exceeding a threshold of 50%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a lower or higher increase is applicable in the particular case.

    Amendment

    2. For the purposes of paragraph 1, points (a), (b) and (d)(i), and paragraph 4 of this Article a substantial increase shall mean an increase exceeding a threshold of 40 %, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a lower or higher increase is applicable in the particular case. The Commission shall duly justify any such conclusion.

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27. Amendment 27Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8a – paragraph 3
    Current text

    3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than 4%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a higher recognition rate is applicable in the particular case.

    Amendment

    deleted

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28. Amendment 28Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8a – paragraph 4
    Current text

    4. For the purposes of paragraph 1, point (c), a decrease in cooperation on readmission with a third country listed in Annex II shall mean a substantial increase, substantiated by adequate data, in the refusal rate of readmission applications submitted by a Member State to that third country for its own nationals or, where a readmission agreement concluded between the Union or that Member State and that third country so provides, for third-country nationals having transited through that third country.

    Amendment

    4. For the purposes of paragraph 1, point (c), a decrease in cooperation on readmission with a third country listed in Annex II shall mean a substantial increase, substantiated by adequate data, in the refusal rate of readmission applications submitted by a Member State to that third country for its own nationals, or, where a readmission agreement concluded between the Union or that Member State and that third country so provides, for third-country nationals having transited through that third country, provided that it can be duly justified that the decrease in cooperation is the result of the action or inaction of that third country and is not attributable to the Member State that submitted…

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29. Amendment 29Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8a – paragraph 5 – point a
    Current text

    (a) refusing or failing to process readmission applications in due time;

    Amendment

    (a) refusing or failing to process readmission applications;

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30. Amendment 30Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8a – paragraph 5 – point b
    Current text

    (b) failing to issue travel documents in due time for the purposes of returning within the deadlines set out in the readmission agreement or refusing to accept European travel documents issued following the expiry of the deadlines set out in the readmission agreement;

    Amendment

    (b) failing to issue travel documents to its own nationals or persons recognised by the third country as having a right of residence in its territory for the purposes of returning within the deadlines set out in the readmission agreement or refusing to accept European travel documents issued following the expiry of the deadlines set out in the readmission agreement;

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31. Amendment 31Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8b – paragraph 1
    Current text

    1. A Member State may notify the Commission if it is confronted, over a period of at least two months, compared with either the same period in the preceding year or the last two months prior to the implementation of the exemption from the visa requirement for nationals of a third country listed in Annex II, with one or more of the circumstances amounting to the grounds for suspension referred to in Article 8a(1), points (a), (b), (c), and (d)(i).

    Amendment

    1. A Member State may notify the Commission if it is confronted, over a period between two and twelve months, compared with either the same period in the preceding year or the last two months prior to the implementation of the exemption from the visa requirement for nationals of a third country listed in Annex II, with one or more of the circumstances amounting to the grounds for suspension referred to in Article 8a(1), points (a), (b), (c), and (d)(i).

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32. Amendment 32Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8b – paragraph 1 a (new)
    Amendment

    1a. A Member State may notify the Commission of the existence of any of the grounds for suspension referred to in Article 8a(1), points (d)(ii), (e), (f), (g) and (ga).

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33. Amendment 33Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8b – paragraph 2
    Current text

    2. The notification referred to in paragraph 1 of this Article shall state the reasons on which it is based and shall include relevant data and statistics as well as a detailed explanation of the preliminary measures that the Member State concerned has taken with a view to remedying the situation. In its notification, the Member State concerned may specify the categories of nationals of the third country concerned which are to be covered by an implementing act under Article 8e(1), specifying the detailed reasons for doing so.

    Amendment

    2. The notification referred to in paragraphs 1 and 1a of this Article shall state the reasons on which it is based. Where relevant, that notification shall include relevant data and statistics as well as a detailed explanation of the preliminary measures that the Member State concerned has taken with a view to remedying the situation. In its notification, the Member State concerned may specify the categories of nationals of the third country concerned which are to be covered by an implementing act under Article 8e(1), specifying the detailed reasons for doing so.

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34. Amendment 34Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8b – paragraph 4 – introductory part
    Current text

    4. The Commission shall examine any notification made pursuant to paragraph 1 of this Article, taking into account:

    Amendment

    4. The Commission shall examine any notification made pursuant to paragraphs 1 and 1a of this Article, taking into account:

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35. Amendment 35Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8b – paragraph 4 – point a
    Current text

    (a) whether any of the circumstances amounting to the grounds referred to in Article 8a(1), points (a), (b), (c), or (d)(i) exist;

    Amendment

    (a) whether any of the circumstances amounting to the grounds referred to in Article 8a(1) exist;

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36. Amendment 36Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8b – paragraph 4 a (new)
    Amendment

    4a. As part of its examination pursuant to paragraph 4, the Commission shall also assess the necessity, proportionality and consequences of a suspension of the exemption from the visa requirement.

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37. Amendment 37Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8c – paragraph 2
    Current text

    2. Where the Commission, taking into account the relevant data, reports and statistics, has concrete and reliable information on the existence of any of the grounds referred to in Article 8a(1) it shall inform the European Parliament and the Council of its analysis, and Article 8e and Article 8f shall apply.

    Amendment

    2. Where the Commission, taking into account the relevant data, reports and statistics, including data, reports and statistics from any relevant Union institution, body, office or agency, and after having carried out an assessment as referred to in Article 8b(4a), has concrete and reliable information on the existence of any of the grounds referred to in Article 8a(1) it shall inform the European Parliament and the Council of its analysis, and Article 8e and Article 8f shall apply.

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38. Amendment 38Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8d – paragraph 1
    Current text

    1. The Commission shall report to the European Parliament and to the Council on the monitoring conducted in accordance with Article 8c(1) with regard to the third countries which have been listed in Annex II as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country, at least once a year and for a period of seven years after the date of entry into force of visa liberalisation for those third countries, and thereafter whenever the Commission considers it to be necessary, or upon request by the European Parliament or by the Council. The report shall focus on the third countries which the Commission considers, based on concrete…

    Amendment

    1. The Commission shall periodically report to the European Parliament and to the Council on the monitoring conducted in accordance with Article 8c(1) with regard to the third countries which have been listed in Annex II, ensuring that each of those third countries is reported on at least once within a four-year period. 1a. The Commission shall report on an annual basis for a period of seven years after the date of entry into force of visa liberalisation for those third countries which have been listed as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country. 1b. Whenever the Commission considers it necessary, it shall repo…

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39. Amendment 39Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8e – paragraph 1 – subparagraph 1
    Current text

    Where, on the basis of the examination referred to in Article 8b(4), or the analysis referred to in Article 8c(2), and taking into account the consequences of a suspension of the exemption from the visa requirement for the overall external relations of the Union and its Member States with the third country concerned, while working in close cooperation with that third country to find alternative long-term solutions, the Commission decides that action is needed, or where a simple majority of Member States have notified the Commission of the existence of circumstances referred to in Article 8a(1), points (a), (b), (c) or (d)(i), the Commission shall adopt an implementing act temporarily suspend…

    Amendment

    Where, on the basis of the examination referred to in Article 8b(4), or the analysis referred to in Article 8c(2), and taking into account the consequences of a suspension of the exemption from the visa requirement for the overall external relations of the Union and its Member States with the third country concerned, while working in close cooperation with that third country to find alternative long-term solutions, the Commission decides that action is needed, or where a simple majority of Member States have notified the Commission of the existence of circumstances referred to in Article 8a(1), points (a), (b), (c) or (d), the Commission shall adopt an implementing act temporarily suspending…

    Excerpt — full text in the official PDF.
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40. Amendment 40Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8e – paragraph 1 – subparagraph 1 a (new)
    Amendment

    Notwithstanding Article 6(1), point (a), where the Commission has adopted an implementing act under this paragraph which temporarily suspends the exemption from the visa requirement for nationals of the third country concerned who hold diplomatic passports, service/official passports or special passports, the Member States shall not provide for exceptions therefrom.

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41. Amendment 41Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8e – paragraph 1 – subparagraph 3 – point c
    Current text

    (c) receiving the notification from a simple majority of Member States of the existence of grounds referred to in Article 8a(1), points (a), (b), (c) or (d)(i).

    Amendment

    (c) receiving the notification from a simple majority of Member States of the existence of grounds referred to in Article 8a(1), points (a), (b), (c) or (d).

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42. Amendment 42Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8e – paragraph 2
    Current text

    2. On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 11(4), temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned for a period of 12 months.

    Amendment

    2. On duly justified imperative grounds of urgency, where a significant risk or imminent threat to public policy or internal security of a Member State as set out in Article 8a(1), point (d), requires immediate action, the Commission may adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 11(4), temporarily suspending the exemption from the visa requirement for the nationals of the third country concerned for a maximum period of 12 months.

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43. Amendment 43Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8e – paragraph 2 – subparagraph 1 a (new)
    Amendment

    In cases as referred to in the first subparagraph, the Commission shall comprehensively and consistently inform the European Parliament and the Council throughout the procedure.

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44. Amendment 44Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8e – paragraph 3
    Current text

    3. During the period of suspension, the Commission shall establish an enhanced dialogue with the third country concerned with a view to remedying the circumstances in question.

    Amendment

    3. During the period of suspension, the Commission shall establish an enhanced dialogue with the third country concerned with a view to remedying the circumstances in question and shall regularly report to the European Parliament and to the Council on the progress and outcome of the dialogue and on the effectiveness of the suspension.

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45. Amendment 45Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8f – paragraph 1 a new
    Amendment

    1a. The delegated act referred to in paragraph 1 shall be accompanied by a report to the European Parliament and to the Council detailing the outcome of the enhanced dialogue with the third country concerned, the measures adopted by that third country and by the Member States concerned, and the reasons for considering that the circumstances leading to the temporary suspension have not been remedied.

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46. Amendment 46Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8f – paragraph 1 b new
    Amendment

    1b. Notwithstanding Article 6(1), point (a), where the Commission has adopted a delegated act under paragraph 1 of this Article the Member States shall not provide for exemptions as regards nationals of the third country concerned who hold diplomatic passports, service/official passports or special passports.

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47. Amendment 47Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8f – paragraph 2
    Current text

    2. Without prejudice to the application of Article 6, during the period of suspension, the nationals of the third country concerned shall be required to be in possession of a visa when crossing the external borders of the Member States.

    Amendment

    2. Without prejudice to the application of Article 6 and paragraph 1b of this Article, during the period of suspension, the nationals of the third country concerned shall be required to be in possession of a visa when crossing the external borders of the Member States.

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48. Amendment 48Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8f – paragraph 3
    Current text

    3. A Member State which, in accordance with Article 6, provides for new exemptions from the visa requirement for a category of nationals of the third country covered by the act suspending the exemption from the visa requirement shall communicate those measures in accordance with Article 12.

    Amendment

    3. A Member State which, in accordance with Article 6(1), points (b) to (f), Article 6(2) or Article 6(3), provides for new exemptions from the visa requirement for a category of nationals of the third country covered by the act suspending the exemption from the visa requirement shall communicate those measures in accordance with Article 12.

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49. Amendment 49Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8f – paragraph 4 – subparagraph 1
    Current text

    Before the end of the period of validity of the delegated act adopted pursuant to paragraph 1 of this Article, the Commission shall submit a report to the European Parliament and to the Council.

    Amendment

    Before the end of the period of validity of the delegated act adopted pursuant to paragraph 1 of this Article, the Commission shall submit a report to the European Parliament and to the Council on the temporary application of the visa suspension, on the dialogue between the Commission and the third country concerned and on the measures taken to remedy the circumstances having led to the temporary suspension of the visa exemption.

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50. Amendment 50Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8f – paragraph 4 – subparagraph 2
    Current text

    The report may be accompanied by a legislative proposal to amend this Regulation in order to transfer the reference to the third country concerned from Annex II to Annex I. In that case, the Commission shall adopt a further delegated act in accordance with Article 10, amending Annex II to extend the period of suspension of the exemption from the visa requirement from the end of the period of validity of the delegated act adopted pursuant to paragraph 1 of this Article until the entry into force of the amendment transferring the third country concerned to Annex I. The footnote shall be amended accordingly.

    Amendment

    The report may be accompanied by a legislative proposal to amend this Regulation in order to transfer the reference to the third country concerned from Annex II to Annex I. In that case, the Commission shall adopt a further delegated act in accordance with Article 10, amending Annex II to extend the period of suspension of the exemption from the visa requirement set by the delegated act adopted pursuant to paragraph 1 of this Article by a period of six months or until the entry into force of the amendment transferring the third country concerned to Annex I, whichever comes first. The footnote shall be amended accordingly.

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51. Amendment 51Proposal for a regulation · Article 1 – paragraph 1 – point 2 · Regulation (EU) 2018/1806 · Article 8f a (new)
    Amendment

    Article 8fa Suspension of the possibility to provide for exceptions from the visa requirement as regards countries listed in Annex I 1. In the event of a deterioration in the Union's external relations of the kind referred to in Article 8a(1), point (ga), of this Regulation with a third country listed in Annex I to this Regulation[, and provided that that deterioration is of a significant and abrupt nature], or following the adoption of an implementing decision pursuant to Article 25a(5) of Regulation (EC) No 810/2009, the Commission may adopt an implementing act to suspend any exceptions from the visa requirement provided for by Member States pursuant to Article 6(1) of this Regulation as r…

    Excerpt — full text in the official PDF.
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52. Amendment 52LIBEProposal for a regulation

    Replaces or inserts a longer passage — full text in the official document.

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