amending Regulation (EC) No 539/2001 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

The European Commission launched a visa liberalisation dialogue with Kosovo on 19 January 2012. On 14 June 2012, it presented to Kosovo a roadmap, which identified all the legislation and other measures that Kosovo needed to adopt and implement to advance towards visa liberalisation. The Commission committed to propose visa-free travel for persons from Kosovo for short stays (i.e. up to 90 days in any 180-day period) in the European Union once Kosovo had met all the requirements and other measures set out in the visa liberalisation roadmap.

*This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

The Commission insisted on sufficient progress in readmission and reintegration as necessary elements to be put in place before launching a visa liberalisation dialogue with Kosovo. With a set of important reforms implemented since 2011, Kosovo made satisfactory progress in establishing a functional policy framework for the reintegration of returnees in Kosovo, as it had already done in the case of readmission. The Commission continued to monitor and assess, in its regular reports, Kosovo’s progress in enhancing its readmission framework and the effective reintegration of returnees.

The visa liberalisation roadmap contained two sections: Section I addressed readmission and reintegration; Section II, four separate ‘blocks’ of the visa dialogue. The four blocks of the visa roadmap comprised specified requirements in document security; border/boundary and migration management, including asylum; public order and security; and fundamental rights related to the freedom of movement. Kosovo was first requested to adopt or amend in line with the EU acquis the legislation set out in the roadmap and then fully implement it.

The Commission conducted the visa dialogue with Kosovo in reinforced consultation with the Council, notably by involving the Council in developing the visa roadmap and with the full participation of Member States' experts in assessing Kosovo’s progress in fulfilling the requirements of the roadmap.

The visa dialogue with Kosovo has been conducted without prejudice to Member States’ position on status.

The European Union Rule of Law Mission in Kosovo (EULEX KOSOVO), in line with its mandate, has played an important role in monitoring, mentoring and advising Kosovo on adopting and implementing the reforms and fulfilling the requirements set out in the roadmap. Effective cooperation by Kosovo with EULEX, including in discharging its executive mandate, has been essential.

Since launching the visa dialogue, the Commission has presented regular reports to the European Parliament and to the Council on its assessment of Kosovo’s fulfilment of the requirements of the roadmap. These reports addressed requirements related both to readmission and reintegration and the different blocks of the visa roadmap. Each report drew upon information provided by Kosovo; assessment missions undertaken by the Commission and Member States' experts to assess Kosovo’s progress in the different blocks of the visa dialogue and data provided by EUROPOL, FRONTEX, EASO and EULEX.

The Commission has adopted until now three reports on Kosovo’s progress in the visa dialogue — the first one on 8 February 2013, the second on 24 July 2014; the third on 18 December 2015, complemented by the fourth one adopted today. These reports contained an assessment of progress by Kosovo in fulfilling the requirements of the visa roadmap, recommendations addressed to Kosovo and an assessment of the potential migratory and security impacts of visa liberalisation.

In its third report, the Commission set out eight recommendations corresponding to eight outstanding requirements of the visa roadmap, including four key priorities. It noted the border/boundary delineation agreement with Montenegro should be ratified by Kosovo before visa free status is granted to persons from Kosovo.

In its report accompanying the present proposal, the Commission observed that Kosovo had taken important steps towards fulfilling the requirement of ratifying its border/boundary agreement with Montenegro and fulfilled sufficient elements of building up its track record in the fight against organised crime and corruption.

Based on this assessment and given the outcome of the continuous monitoring and reporting that had been carried out since the launch of the visa liberalisation dialogue with Kosovo, the Commission confirms that Kosovo has met the requirements of its visa liberalisation roadmap on the understanding that by the day of the adoption of this proposal by the European Parliament and the Council, Kosovo will have ratified the border/boundary agreement with Montenegro and strengthened its track record in the fight against organised crime and corruption.

Taking account of all the criteria which should be considered when determining on a case-by-case basis the third countries whose nationals are subject to, or exempt from, the visa requirement as laid down in Article -1 of Regulation (EC) No 539/2001 (as introduced by Regulation (EU) No 509/2014), the Commission has decided to present a legislative proposal to amend Regulation (EC) No 539/2001, transferring Kosovo from Annex I, Part 2 to Annex II, Part 4 of this Regulation. As indicated in the roadmap, this amendment only covers the individuals from Kosovo who are holders of a biometric passport issued in compliance with International Civil Aviation Organisation (ICAO) standards and EU standards for security features and biometrics in travel documents.

•Consistency with existing policy provisions in the policy area

Council Regulation (EC) No 539/2001 lists the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States and those whose nationals are exempt from that requirement. Regulation (EC) No 539/2001 is applied by all Member States – with the exception of Ireland and the United Kingdom – and also by Iceland, Liechtenstein, Norway and Switzerland. The Regulation is part of the EU’s common visa policy for short stays of 90 days in any 180-day period.

Kosovo is currently listed in Annex I, Part 2 of Regulation (EC) No 539/2001, i.e. among those entities and territorial authorities that are not recognised as states by at least one Member State. Persons from those entities are required to hold a visa when travelling to the territory of EU Member States.

Regulation (EC) No 539/2001 was last amended by Regulation (EU) No 259/2014 when Moldova was transferred to the visa-free list after successfully implementing its Visa Liberalisation Action Plan; and by Regulation (EU) No 509/2014 when five Caribbean and eleven Pacific countries, as well as Colombia, Peru and the United Arab Emirates were exempted from the visa requirement – subject to the conclusion of visa waiver agreements between the EU and the respective third countries – following a periodical review of the visa lists. On 9 March 2016 and 20 April 2016, the Commission made proposals to amend Regulation (EC) No 539/2001, transferring – respectively - Georgia and Ukraine to the visa-free list.

The criteria which should be taken into account when determining – based on a case-by-case assessment – the third countries whose nationals are subject to, or exempt from, the visa requirement are laid down in Article -1 of Regulation (EC) No 539/2001. They include “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”. Particular attention should be paid to the security of travel documents issued by the third countries concerned.

Kosovo has already exempted all EU citizens from the visa requirement for stays of up to 90 days within 6 months. Should this decision be revoked or should the visa-free regime be abused, the reciprocity and suspension mechanisms of Regulation (EC) No 539/2001, as amended by Regulation xxx can be activated.

•Consistency with other Union policies