ON THE EFFECTIVENESS OF THE VISA SUSPENSION MECHANISM AND ON THE DELEGATION OF POWER UNDER SUCH MECHANISM

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

I. INTRODUCTION

The present report stems from the obligation of the Commission to report to the European Parliament and to the Council on the effectiveness of the visa suspension mechanism and on the use of delegated acts under such mechanism. The Visa Regulation requires the Commission to submit, if necessary, a legislative proposal to amend the visa suspension mechanism.

The timing of adoption of the present reports has been adjusted to take account of the findings of the Fourth Report under the Visa Suspension Mechanism.

II. REPORT ON THE EFFECTIVENESS OF THE VISA SUSPENSION MECHANISM

1. Purpose and functioning of the visa suspension mechanism

The Visa Regulation provides for a mechanism that allows for the temporary reintroduction of a visa requirement in emergency situations, where an urgent response is needed to solve the difficulties faced by at least one Member State, taking into account the overall impact of that situation on the Union as a whole.

The suspension mechanism can be triggered if one or more Member States notify the Commission that at least one of the following circumstances are met:

a)a substantial increase (more than 50%) of irregular stays or refusals of entry;

b)a substantial increase (more than 50%) of applications for international protection with a low recognition rate (around 3-4%);

c)a decrease of cooperation on readmission, notably in case of an increasing refusal rate for readmission applications; or

d)an increased risk or imminent threat to the public policy or internal security of Member States, in particular a substantial increase (more than 50%) in serious criminal offences linked to the nationals of a particular third country.

The Commission can also trigger the mechanism on its own initiative if the above-mentioned conditions are met, or if the report under the visa suspension mechanism concludes that certain visa liberalisation benchmarks are no longer fulfilled.

2. Use of the visa suspension mechanisms

Although the visa suspension mechanism has been triggered once, it has not resulted in the suspension of any visa exemption. The existence of the suspension mechanism has effectively contributed to the compliance of visa-free third countries with the criteria set out in Article 1 of the Visa Regulation, which were used to assess the appropriateness of granting visa exemptions.

On 2 June 2019, the Netherlands notified the Commission that it faced circumstances that could lead to suspending the short-stay visa exemption with regards to Albania. The concerns expressed in the notification were predominantly linked to public order and security, but also to irregular migration and unfounded asylum applications lodged by Albanian nationals.

In accordance with the Visa Regulation, the Commission examined carefully the content of the notification. Based on the available information and the relevant data, the Commission considered that the conditions for suspending the visa exemption laid down by the Visa Regulation were not met. On 1 July 2019 the Commission replied to the Netherlands and on 5 July 2019 informed the European Parliament and the Council of the results of its examination.

The notification of June 2019 provided a first test of the initial procedural steps of the mechanism, including as regards the substantive test, the fact-finding methodology and the legal deadlines. The Commission examined the notification, replied to the Netherlands and informed the European Parliament and the Council of the results of its examination within one month of receiving the notification.

This procedure showed that the deadline of one month as laid down in the Visa Regulation is very tight, taking into account the thorough examination required and the possibility of the adoption of an implementing act within the same period. However, this time limit is justified by the nature and the purpose of the mechanism, which aims at addressing emergency situations.

3. The impact of the visa suspension mechanism on visa-free regimes