Third Report from the Commission to the European Parliament and the Council on certain third countries' maintenance of visa requirements in breach of the principle of reciprocity in accordance with Article 1(5) of Council 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, as amended by Regulation (EC) No 851/2005 as regards the reciprocity mechanism
Date: 2007-09-13
Institutions: European Commission
Subjects: EU visa policy, admission of aliens, external border of the EU, foreign national, residence permit, rights of aliens, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.9.2007 
COM(2007) 533 final 

THIRD REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT 
AND THE COUNCIL 

on certain third countries' maintenance of visa requirements in breach of the principle 
of reciprocity 

in accordance with Article 1(5) of Council 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, as amended by 
Regulation (EC) No 851/2005 as regards the reciprocity mechanism 

EN 

   EN 

 
 
 
  
 
TABLE OF CONTENTS 

I. 

II. 

Introduction ................................................................................................................ 3 

Notifications by Bulgaria and Romania of non-reciprocity situations.................. 4 

III. 

Results achieved since the Commission’s second report on reciprocity ............... 4 

1. 

1.1 

1.2 

2. 

2.1. 

2.2. 

3. 

3.1. 

3.2. 

3.3. 

3.4. 

3.5. 

3.6. 

3.7. 

3.8. 

4. 

Cases in which it has been assessed that no reciprocity issue is involved ............. 4 

Bolivia .......................................................................................................................... 4 

Costa Rica .................................................................................................................... 4 

Full reciprocity now in place..................................................................................... 4 

Mexico ......................................................................................................................... 4 

New Zealand ................................................................................................................ 5 

Ongoing steps to achieve reciprocity ........................................................................ 5 

Brazil ............................................................................................................................ 5 

Brunei Darussalam ....................................................................................................... 5 

Israel............................................................................................................................. 6 

Japan............................................................................................................................. 6 

Malaysia ....................................................................................................................... 6 

Panama ......................................................................................................................... 7 

Paraguay....................................................................................................................... 7 

Singapore ..................................................................................................................... 7 

Further progress on reciprocity since the report of 3 October 2006..................... 8 

4.1. 

Australia ....................................................................................................................... 8 

5. 

5.1. 

5.2. 

IV. 

No progress on reciprocity since the report of 3 October 2006 ............................. 9 

Canada.......................................................................................................................... 9 

United States of America ........................................................................................... 10 

Conclusion................................................................................................................. 11 

EN 

2 

   EN 

 
I. 

INTRODUCTION 

Council  Regulation  (EC)  No  539/2001  of  15  March  2001,  listing  the  third  countries  whose 
nationals  must  be  in  possession  of  visas  when  crossing  the  external  borders  of  the  Member 
States (Annex I to the Regulation, the “negative list”) and those whose nationals are exempt 
from  that  requirement  (Annex  II  to  the  Regulation,  the  “positive  list”)1,  as  amended  by 
Council Regulation (EC) No 851/2005  of 2 June  20052, is the basic instrument for our visa 
policy  and  reciprocity  mechanism.  The  first3  and  second  visa  reciprocity  reports4  provide  a 
full description of this mechanism. 

In its second report the Commission concluded: 

"The Commission considers that the dialogue with third countries under the new reciprocity 
mechanism  has  already  proven  effective.  The  steady  and  significant  fall  in  the  number  of 
“non-reciprocity  situations”  (cases  where  a  third  country  maintains  a  visa  requirement  for 
nationals of a Member State) is a remarkable success in the Commission's opinion5. 

However, progress remains stalled with one third country (United States) while the situation 
is evolving with regard to Australia, Canada and Brunei. The future developments with these 
countries  will  determine  the  reflection  on  the  appropriate  approach  that  would  allow  for 
further and concrete progress towards the realisation of reciprocity.  

In view of the importance of achieving full reciprocity, the Commission hereby announces its 
intention to report to the European Parliament and Council again by not later than 31 March 
2007  and  to  make,  where  appropriate,  concrete  proposals  if  the  non-reciprocity  situations 
persist, although formally, under Article 1(5) of the EC Regulation, it is not obliged to present 
such a report until 30 June 2008." 

In  its  conclusions  of  5-6  October  2006,  the  Council  endorsed  the  Community's  need  to 
continue to work towards achieving full visa reciprocity with those third countries for which it 
had not yet been completed. 

In  June  2007  the  Commission  confirmed  that  the  presentation  of  its  third  visa  reciprocity 
report was postponed owing to developments in some of these third countries. 

The  present,  third  report  takes  stock  of  the  approaches  made  by  the  Commission  since  the 
adoption  of  the  Council  conclusions  of  5-6  October  2006,  vis-à-vis  third  countries  on  the 
positive list which continue to require visas from nationals of the Member States. 

1 
2 
3 
4 
5 

OJ L 81, 21.3.2001, p. 1. 
OJ L 141, 4.6.2005, p. 3. 
COM (2006) 3 final. 
COM (2006) 568 final. 
See Annexes 1A and 1B of the report on reciprocity of 10.1.2006. 

EN 

3 

   EN 

 
                                                 
II. 

NOTIFICATIONS BY BULGARIA AND ROMANIA OF NON-RECIPROCITY SITUATIONS 

As  a  follow-up  to  their  accession  to  the  European  Union  as  from  1  January  2007,  Bulgaria 
and Romania had to declare their situations of non-reciprocity, in accordance with Article 2 of 
Council Regulation (EC) No 851/2005. 

On  13  February  20076,  Bulgaria  declared  a  situation  of  non-reciprocity  for  the  following 
countries:  Australia,  Bolivia,  Brunei,  Canada,  Costa  Rica,  Malaysia,  Mexico,  New  Zealand, 
Panama,  Singapore  and  the  United  States  of  America.  Bulgaria  also  indicated  that  it  has 
signed  non-visa  agreements  with  Israel  and  Paraguay  which  have  not  entered  into  force, 
owing  to  on-going  ratification  procedures.  For  the  moment,  Bulgarian  nationals  are  still 
subject to visa requirements for these two countries. 

On  21  February  20077,  Romania  declared  a  situation  of  non-reciprocity  for  the  following 
countries: Australia, Brazil, Brunei Darussalam, Canada, Israel, Japan, New Zealand, Panama, 
Paraguay and the United States of America. 

III. 

RESULTS ACHIEVED SINCE THE COMMISSION’S SECOND REPORT ON RECIPROCITY 

Following the Council’s endorsement on 5-6 October 2006 on the need to continue to work 
towards full visa reciprocity, the Commission actively resumed its efforts. 

1. 

Cases in which it has been assessed that no reciprocity issue is involved 

1.1. 

Bolivia 

Notification: Bulgaria 

Pursuant to Council Regulation (EC) No. 1932/2006 amending Council Regulation (EC) No. 
539/20018,  Bolivia  has  been  transferred  to  Annex  I  with  the  consequence  that  a  visa 
requirement has been introduced for Bolivian citizens from 1 April 2007 onwards. Due to this 
transfer, the reciprocity mechanism no longer applies in the case of Bolivia. 

1.2. 

Costa Rica 

Notification: Bulgaria 

The Circular of the General Director of Migration and Aliens of 14 July 2006, which has been 
submitted to the Commission by the authorities of Costa Rica on 20 July 2006, indicates that 
Bulgaria appears in the First Group of Countries whose citizens may visit Costa Rica without 
a visa for a maximum stay of up to 90 days.  

6 
7 
8 

OJ C 75, 3.4.2007, p. 5. 
OJ C 75, 3.4.2007, p. 6. 
OJ L 29, 3.2.2007, p. 10. 

EN 

4 

   EN 

 
                                                 
2. 

Full reciprocity now in place 

2.1. 

Mexico 

Notification: Bulgaria 

On  26  February  20079,  Bulgaria  informed  the  Commission  that,  as  from  11  March  2007, 
Bulgaria is exempt from visa requirements concerning transit and short-term stays in Mexico 
for a period of up to 90 days, within six months of the date of first entry. 

Assessment 

Full visa waiver  reciprocity has now been achieved vis-à-vis all the Member States and the 
associated Schengen countries. 

2.2. 

New Zealand 

Notification: Bulgaria and Romania 

On 13 March 2007, New Zealand informed the Commission that it has decided to waive the 
requirement for citizens of Bulgaria and Romania to obtain visitor visas to enter New Zealand 
for stays of up to three months. The decision is operational as from 30 July 2007. 

Assessment 

Full visa waiver  reciprocity has now  been achieved vis-à-vis all the Member States and the 
associated Schengen countries. 

3. 

Ongoing steps to achieve reciprocity 

3.1. 

Brazil 

Steps taken to achieve reciprocity 

On  9  July  2007,  the  Commission  adopted  a  Recommendation  to  the  Council  to  open 
negotiations with Brazil on a visa waiver agreement between the European Community and 
Brazil.  This  would  be  the  first  time  that  a  bilateral  visa  waiver  agreement  to  be  negotiated 
between the Community and a third country. 

3.2. 

Brunei Darussalam 

Notification: Bulgaria and Romania. 

Steps taken to achieve reciprocity 

On 6 October 2006, Brunei Darussalam informed the Commission of the decision taken by its 
Government to grant 30 day visa waiver arrangements to all EU Schengen Member States as 
from  1  October  2006.  However,  information  provided  in  some  of  Brunei  Darussalam's 
governmental  websites  does  not  announce  the  visa  waiver  for  all  Schengen  Member  States 
and associated countries for  30  days.  Clarification from  the Brunei  Darussalam's authorities 

9 

OJ C 75, 3.4.2007, p. 5. 

EN 

5 

   EN 

 
                                                 
on  the  current  situation  has  been  requested.  In  respect  of  the  notification  made  by  Bulgaria 
and  Romania,  the  Commission  requested  Brunei  Darussalam's  authorities  to  take  the 
necessary  measures  to  grant  equal  treatment  regarding  visas  to  the  citizens  of  Bulgaria  and 
Romania.  

Assessment 

The assessment can only be made once the reaction from Brunei Darussalam's authorities has 
been received. 

3.3. 

Israel 

Notification: Bulgaria and Romania 

Steps taken to achieve reciprocity 

On 27 April 2007, Bulgaria informed the Commission that the Agreement between Bulgaria 
and Israel for abolition of visa requirements had entered into force. Consequently, as from 15 
July  2007,  Bulgarian  nationals  are  exempt  from  the  visa  requirement  for  transits  and  short-
stay visits not exceeding three months in any half-year. 

On  17  July  2007,  the  Commission  requested  the  Israeli  authorities  to  take  the  necessary 
measures to grant a three month visa free stay to the citizens of Romania. 

Assessment 

For  Bulgaria  visa  waiver  reciprocity  is  already  in  place.  With  regard  to  Romania,  the 
assessment can be made once the reaction from the authorities of Israel has been received. 

3.4. 

Japan 

Notifications: Romania 

Steps taken to achieve reciprocity 

On  6  July  2007,  the  Commission  requested  the  Japanese  authorities  to  take  the  necessary 
measures to grant a three months visa-free stay to the citizens of Romania.  

Assessment 

The  assessment  can  only  be  made  once  the  reaction  from  the  Japanese  authorities  has  been 
received. 

3.5. 

Malaysia 

Notification: Bulgaria 

Steps taken to achieve reciprocity 

On  14  January  2007,  the  Malaysian  authorities  informed  the  Commission  that  they  have 
extended the visa free stay visits of the citizens of Estonia, Latvia and Slovenia to 90 days on 
the basis of reciprocity.  

EN 

6 

   EN 

 
In the case of Bulgaria, the Commission asked the Malaysian authorities for a clarification on 
the length of the period of visa free stay that the Bulgarian citizens are enjoying and for an 
extension of the visa free stay up to three months, in case the current period of time allowed is 
shorter. 

Assessment 

The  Commission  welcomes  the  progress  of  Malaysia  to  restore  full  visa  reciprocity  by 
granting a visa free stay of three months to the citizens of all Member States and is expecting 
that,  at  the  earliest  possibility,  this  progress  will  also  be  extended  to  the  latest  request  for 
achieving full reciprocity vis-à-vis the citizens of Bulgaria. 

3.6. 

Panama 

Notifications: Bulgaria and Romania 

Steps taken to achieve reciprocity 

On 5 July 2007, the Commission requested the Panamanian authorities to take the necessary 
measures to grant a three months visa-free stay to the citizens of Bulgaria and Romania.  

Assessment 

The assessment can only be made once the reaction from the Panamanian authorities has been 
received. 

3.7. 

Paraguay 

Notifications: Bulgaria and Romania 

Steps taken to achieve reciprocity 

On  9  July  2007,  the  Commission  asked  the  Paraguayan  authorities  to  take  the  necessary 
measures to grant a three months visa-free stay to the citizens of Bulgaria and Romania.  

Assessment 

The assessment can only be made once the reaction from the Paraguayan authorities has been 
received. 

3.8. 

Singapore 

Current situation 

Visa waiver limited to stays of 30 days, but the stay may be extended locally by two periods 
of 30 days. 

Steps taken to achieve reciprocity 

In September 2006, the Singapore authorities confirmed that nationals of three countries are 
granted  a  visa  exemption  for  a  period  of  90  days,  based  on  different  legal  instruments:  the 
Visa  Waiver  Program  for  Americans  and  Free  Trade  Agreements  for  Australian  and  South 
Korean nationals. 

EN 

7 

   EN 

 
Assessment 

Since  nationals  of  three  countries  benefit  from  an  entry  and  stay  regime  which  is  more 
favourable  than  the  regime  applied  to  EU-citizens,  the  reciprocity  approach  towards 
Singapore should be reviewed. 

The  Commission  suggests  that  discussions  take  place  on  the  most  appropriate  means  of 
bringing about an alignment consistent with the regime granted to the nationals of the three 
countries  mentioned.  It  should  be  assessed  whether  this  goal  can  be  legally  and  politically 
achieved via a unilateral decision of the Singapore authorities. Alternatively, a bilateral visa 
exemption agreement between the European Community and Singapore should be considered. 

4. 

Further progress on reciprocity since the report of 3 October 2006 

4.1. 

Australia 

Current situation 

Australia requires an Electronic Travel Authority (ETA) from nationals of 14 Member States 
(Belgium,  Denmark,  Germany,  Greece,  Spain,  France,  Italy,  Luxembourg,  Malta,  the 
Netherlands, Austria, Portugal, Finland and Sweden), as well as of Iceland and Norway. 

An  eVisa  (e676)  is  required  from  the  nationals  of  11  Member  States  (Bulgaria,  the  Czech 
Republic,  Estonia,  Cyprus,  Latvia,  Lithuania,  Hungary,  Poland,  Romania,  Slovenia  and 
Slovakia). Nationals of seven of the above, i.e. the Czech Republic, Estonia, Cyprus, Latvia, 
Lithuania, Hungary and Slovenia, are granted a so-called “autogrant facility”. 

As from 1 July 2007, e676 visas for stays for up to three months and business visitor visas, 
which can only be granted for a maximum period of three months, are free of charge. 

Steps taken to achieve reciprocity 

Since the report of 3 October 2006, Australia has provided the "autogrant facility" status to 
three more Member States: Lithuania as from 1 December 2006, Hungary as from 15 January 
2007 and Cyprus as from 1 July 2007. 

On 28 March 2007, Bulgaria and Romania received access to the e676 Tourist visa service. 

Furthermore,  clarification  has  been  provided  by  the  Australian  authorities  on  the  four 
benchmarks used to assess the inclusion of a country in the e676 and thereafter the "autogrant 
facility". These four benchmarks are: 

–  Approval of grant rates; 

–  Modified non-return rates (Mod NRR): visitors overstaying their visas; 

–  Protection visa rates (PV): visitors arriving on a tourist visa and subsequently applying for 

a protection visa; 

–  Cancellation rates. 

EN 

8 

   EN 

 
In addition, the Australian authorities indicated that Bulgaria, Poland, Romania and Slovakia 
could  not  yet  move  to  the  "autogrant  facility",  but  this  would  be  reviewed  again  in 
July/August  2007.  They  also  indicated  that  although  65-70%  of  autogrant  applications  are 
processed  "automatically",  some  groups  of  persons  (e.g.  under-18s  and  over-70s)  cannot  be 
treated automatically due to the need for proof of parental consent or good health respectively. 
Furthermore,  they  indicated  that  the  eVisitors  system  would  be  in  place  in  mid-2008.  All 
Member States, being the first countries to benefit from this system, would join the eVisitors 
system regardless of their status. 

Assessment 

The Commission welcomes the progress achieved by the movement of Bulgaria and Romania 
to the e676-status, the movement of Cyprus, Lithuania and Hungary to the "autogrant facility" 
and the abolishment of the visa fee for e676 visas for stays not longer than three months as 
from 1 July 2007. 

Furthermore, it is encouraging that the technical improvements to install the eVisitors system 
are on track, which would result by mid 2008 in equal treatment of the citizens of all Member 
States. In the meantime, the Commission will continue to closely monitor the development of 
the conditions for the granting of visas, in particular coverage of the ETA system and of the 
e676 autogrant facility. 

5. 

No progress on reciprocity since the report of 3 October 2006 

5.1. 

Canada 

Current situation 

The  visa  requirement  is  maintained  vis-à-vis  nationals  of  Bulgaria,  the  Czech  Republic, 
Latvia, Lithuania, Hungary, Poland, Romania and Slovakia. 

Steps taken to achieve reciprocity 

In  November  2006,  the  Canadian  authorities  provided  explanations  of  the  main  thresholds 
used  with  regard  to  the  possibility  of  lifting  the  visa  requirement:  visa  refusal  rates, 
immigration  violations  rates,  passport  security,  passport  issuing  system,  information  on  lost 
and stolen passports, security and refugee claims. They indicated that clarifications on these 
thresholds and their implementation would be presented to the Member States concerned and 
the Commission, once formally approved. 

A  new  framework  for  cooperation  has  been  established  between  the  Commission  and 
Canadian services by means of an exchange of letters. As part of this "Joint Consultation on 
Immigration and Asylum Issues", a Joint Visa Working Group of senior officials was set up to 
address visa issues and conditions. After a regrettable delay in presenting the clarifications on 
the thresholds, the first "Joint Consultation on Immigration and Asylum Issues" took place on 
20 July 2007. At this meeting, the Canadian authorities outlined their review of visa waiver 
criteria and declared that they would engage in technical visits to each of the Member States 
concerned in the coming months. They intend to travel to four Member States in November 
2007  and  to  four  others  in  February  2008  for  technical  talks.  In  relation  to  removals  of 
nationals the Commission had indicated that if Canada would like to engage into readmission 

EN 

9 

   EN 

 
agreements,  an  EC-Canada  readmission  agreement  should  be  concluded,  as  the  issue  of 
readmission is an EC competence. 

The Canadian Prime Minister announced at the EU-Canada Summit in Berlin on 4 June 2007 
that  he  understood  the  importance  for  the  EU  of  visa  free  travel.  He  indicated  that  Canada 
based its decisions on assessment of each country's circumstances, and not on reciprocity, and 
that,  in  this  respect,  cross-border  travel  between  the  USA  and  Canada  is  a  very  important 
consideration. Nevertheless, he also indicated that all remaining Member States are moving in 
the  right  direction  and  that  it  might  be  possible  to  waive  the  visa  obligation  for  one  or  two 
Member States later this year. 

Assessment 

Canada has made its visa review process more transparent and provided more information on 
the  thresholds  and  their  implementation,  albeit  after  a  considerable  delay.  The  visa 
requirement has not been lifted for any Member State since Estonia in September 2006. 

In  light  of  the  statements  of  the  Canadian  Prime  Minister  and  explanations  provided  in 
technical  talks,  the  Commission  expects  that  the  review  process  with  the  remaining  EU 
Member  States  will  be  taken  forward  without  delay,  now  that  the  visa  review  assessment 
criteria have been clarified. The Commission would propose that, in order to demonstrate its 
commitment to resolution of the issue, Canada be urged to lift the visa requirement for one or 
more EU Member States by the end of the year and to show further tangible progress towards 
reciprocity  in  the  first  half  year  of  2008.  Failing  such  progress,  appropriate  steps  could  be 
considered against Canada. 

5.2. 

United States of America (USA) 

Current situation 

Visa requirement maintained for nationals of Bulgaria, the Czech Republic, Estonia, Greece, 
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania and Slovakia.  

Steps taken to achieve reciprocity 

Immediately  after  the  adoption  of  the  second  report  by  the  Commission,  Vice-President 
Frattini sent a letter to Mr Chertoff, Secretary of the U.S. Department of Homeland Security 
(DHS), in which Mr Frattini stated that no tangible progress could be reported with the USA 
and  stressed  that  the  differentiation  among  Member  States'  citizens  with  regards  to  the  visa 
obligation  is  neither  understandable  nor  acceptable.  He  asked  for  the  establishment  of  clear 
and  transparent  criteria  resulting  in  a  series  of  benchmarks  in  the  road  maps  clarifying  the 
different phases. The Commission continued to raise the issue at technical and political levels, 
notably  at  the  EU-US  JLS  Ministerial  Troika  on  6  November  2006.  On  that  occasion,  Mr 
Chertoff  indicated  that  the  US  government  was  preparing  proposals  for  possible  legislative 
changes  to  the  Visa  Waiver  Program  (VWP),  putting  greater  emphasis  on  security  than 
previously. 

During his visit to Estonia on 28 November 2006, President Bush announced his intention to 
seek modifications to the VWP that would strengthen the security of VWP travel and allow 
the  USA  to  accelerate  the  entry  of  new  countries  into  the  programme.  His  administration 

EN 

10 

   EN 

 
would work closely with the Congress and the USA's international partners to strengthen the 
programme's security components. 

On  8  February  2007,  the  US  Administration  submitted  draft  legislation  on  modernizing  the 
VWP.  Subsequently,  several  alternative  bills  were  submitted  by  individual  members  of  the 
US Congress.  

As  a  follow-up  to  the  JHA  Council  of  12-13  June  2007,  the  Commission  and  the  German 
Presidency  sent  a  letter  to  Mr  Chertoff  on  29  June  2007.  Further  joint  letters  from  the 
Commission  and  the  Portuguese  Presidency  were  sent  to  key  Members  of  Congress  on  23 
July 2007. They recalled that visa reciprocity is part of the EU common visa policy and set 
out considerations on several elements of the draft amendments to the VWP under discussion. 
With regard to readmission it was offered that in case the obligations under international law 
would not be sufficient, an EC-US readmission agreement could be considered, as the issue of 
readmission is an EC competence. 

law 

into 

the  "H.R.  1  Implementing 
On  3  August  2007  President  Bush  signed 
Recommendations of the 9/11 Commission Act of 2007". Section 711 of this Act covers the 
"Modernization  of  the  Visa  Waiver  Program".  Its  key  elements  are:  the  introduction  of  an 
Electronic Travel Authorization (ETA) system for which a fee may be charged; flexibility on 
the non-immigrant visa refusal rate by waiving the three percent rate up to ten percent under 
certain  conditions  or  using  a  maximum  overstay  rate,  still  to  be  determined;  setting  up  a 
biometric air exit system, that can verify the departure of not less than 97 percent of foreign 
nationals that exit through US airports; the eligibility of travelling to the USA under the VWP 
is not a determination that the person is admissible to the USA; reporting on lost and stolen 
passports either through Interpol or other means; third countries should accept repatriation of 
any  citizen,  former  citizen  or  national  against  whom  is  issued  a  final  executable  order  of 
removal; and bilateral agreements on passenger information exchange. 

Assessment 

Although  no  tangible  progress  has  been  achieved  with  the  USA  on  visa  reciprocity,  the 
Commission is encouraged that the USA had committed itself to reforming its VWP and has 
effectively done so. There should be full respect of, on the one hand, the USA's protection of 
its  national  security  and  on  the  other  hand,  observance  of  the  law  and  policy  of  the  EU, 
serving the interest of Member States wanting to join the VWP and not creating a burden for 
the citizens of those Member States already enjoying the right of travelling under the VWP. 
The implementation of the amended legislation including all consequences for the EU and the 
Member States, will be monitored closely, in particular the introduction of an electronic travel 
authorisation system. The Commission considers that it would not be appropriate to introduce 
retaliatory measures against the USA at this stage as the new legislation has just been adopted 
and will be implemented. The Commission expects that assessment missions to the aspirant 
Member  States  will  start  during  the  implementation  period  and  that  the  USA  will  make  all 
efforts  to  fulfil  the  announced  intention  of  President  Bush  that  reform  of  the  VWP  should 
enable its accelerated expansion to include the EU Member States not yet covered. 

IV.  Conclusion 

The  Commission  considers  that  the  dialogue  with  third  countries  under  the  new  reciprocity 
mechanism  has  proven  effective.  Since  its  establishment  in  June  2005  –  in  little  more  than 
two  years  –  full  visa  reciprocity  has  been  achieved  or  is  on  the  way  to  be  achieved  with  a 

EN 

11 

   EN 

 
number  of  important  third  countries.  This  is  the  case  also  despite  a  new  challenge  with  the 
notifications  by  Bulgaria  and  Romania  of  their  cases  of  non-reciprocity.  For  example  New 
Zealand and Mexico have abolished visa requirements for Bulgaria and Romania in less than 
six months from the entry of these two Member States in the EU. The Commission has also 
achieved significant progress in dialogue with Australia, which is expected to treat equally all 
Member  States'  citizens  starting  from  mid-2008.  A  comprehensive  visa  waiver  agreement 
should soon be negotiated with Brazil. 

As regards the USA, the adoption of new legislation modifying the VWP should pave the way 
for its extension to all Member States. Now the new legislation is adopted, its conditions and 
the  timeline  for  their  implementation  will  be  carefully  examined.  The  Commission  reserves 
the  right  to  propose  retaliatory  measures  if  expected  progress  towards  full  visa  reciprocity 
fails to materialise in good time. 

Canada  had  undertaken  to  make  its  visa  review  process  more  transparent  and  provide  more 
information  on  the  thresholds.  However,  for  the  moment,  no  progress  has  been  achieved  in 
lifting  visa  requirements.  The  Commission  would  propose  that,  in  order  to  demonstrate  its 
commitment to resolution of the issue, Canada be urged to lift the visa requirement for one or 
more EU Member States by the end of the year and to show further tangible progress towards 
reciprocity  in  the  first  half  year  of  2008.  Failing  such  progress,  appropriate  steps  could  be 
considered against Canada. 

In accordance with Article 1(5) of Regulation (EC) No 851/2005 the Commission will report 
to the European Parliament and Council again by not later than 30 June 2008. 

EN 

12 

   EN