Fourth report from the Commission to the Council and the European Parliament 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: 2008-07-23
Institutions: European Commission
Subjects: EU visa policy, admission of aliens, external border of the EU, foreign national, residence permit, rights of aliens, third country

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.7.2008 
COM(2008) 486 final 

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

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 

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

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 

TABLE OF CONTENTS 

I. 

II. 

1. 

1.1. 

1.2. 

1.3. 

2. 

2.1. 

2.2. 

2.3. 

2.4. 

3. 

3.1. 

3.2. 

3.3. 

3.4. 

III. 

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

Results achieved since the Commission’s third report on reciprocity .................. 3 

Full reciprocity now in place..................................................................................... 3 

Israel............................................................................................................................. 3 

Malaysia ....................................................................................................................... 4 

Paraguay....................................................................................................................... 4 

Further progress on reciprocity since the report of 13 September 2007 .............. 4 

Australia ....................................................................................................................... 4 

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

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

Canada.......................................................................................................................... 6 

No progress on reciprocity since the report of 13 September 2007....................... 6 

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

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

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

United States of America ............................................................................................. 8 

Conclusion................................................................................................................. 10 

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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  of  our 
common visa policy, providing also a reciprocity mechanism for cases where a third country 
on the positive  list  maintains  or  introduces a visa obligation for the citizens of  one  or more 
Member  States.  The  first3  and  second  visa  reciprocity  reports4  provide  a  full  description  of 
this mechanism. 
In  its  third  report5  in  2007,  the  Commission  concluded  that  dialogue  with  third  countries 
under the new reciprocity mechanism has proven effective. Full reciprocity was achieved with 
New  Zealand  and  Mexico.  Significant  progress  was  achieved  in  dialogue  with  Australia. 
Furthermore, a comprehensive visa waiver agreement should soon be negotiated with Brazil. 
However, with regard to Canada and the United States of America (USA) it was concluded 
that  little  progress  had  been  made.  If  this  continued  to  be  the  case,  appropriate  retaliatory 
measures could be considered. 

In  its  conclusions  of  18  September  2007,  the  Council  took  note  of  the  Commission's  report 
and indicated that the competent Council bodies will continue the discussion. 

The  present,  fourth  report  takes  stock  of  the  approaches  made  by  the  Commission  since 
September 2007 vis-à-vis third countries on the positive list which continue to require visas 
from nationals of one or more Member States. 

II. 

RESULTS ACHIEVED SINCE THE COMMISSION’S THIRD REPORT ON RECIPROCITY 

Following  the  presentation  of  the  third  report  in  the  Council  on  18  September  2007,  the 
Commission actively resumed its efforts. 

1. 

Full reciprocity now in place 

1.1. 

Israel 

Notification: Romania 

On  1  March  2008,  the  "Entry  into  Israel  Order"  (visa  exemption)  (Amendment  5768-2008) 
entered  into  force  which  provides  that  all  Romanian  citizens  are  exempted  from  the  visa 
requirement when entering Israel for a short stay. 

Assessment 

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

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OJ L 81, 21.3.2001, p. 1. 
OJ L 141, 4.6.2005, p. 3. 
COM(2006) 3 final. 
COM(2006) 568 final. 
COM(2007) 533 final. 

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1.2. 

Malaysia 

Notification: Bulgaria 
On  21  January  20086,  Bulgaria  informed  the  Commission  that,  as  from  18  December  2007, 
Bulgarian citizens are exempted from the visa requirement when entering Malaysia for short-
stays. 

Assessment 

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

1.3. 

Paraguay 

Notifications: Bulgaria, Romania 

Bulgaria  informed  the  Commission  that  a  visa  waiver  agreement  between  Bulgaria  and 
Paraguay  signed  on  17  March  2006  has  entered  into  force  on  27  March  20087.  As  a  result, 
Bulgarian citizens are not required to be in possession of a visa when entering Paraguay for a 
short  stay.  On  10  August  2008,  the  authorities  of  Paraguay  informed  the  Commission  that 
pursuant  to  Decreto  No  1038  of  17  May  2007,  Romanian  citizens  are  not  required  to  be  in 
possession of a visa when entering Paraguay. 

Assessment 

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

2. 

Further progress on reciprocity since the report of 13 September 2007 

2.1. 

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 all these 11 Member States are granted a so-called “autogrant facility” 
(see Annex 2 of the first visa reciprocity report for further explanation of the eVisa and the 
"autogrant facility"8). 

Steps taken to achieve reciprocity 

Since the report of 13 September 2007, Australia has provided the "autogrant facility" status 
to the remaining four Member States: Slovakia as from 20 March 2008 and Bulgaria, Poland 
and Romania as from 16 June 2008. 

Australia postponed the introduction of the eVisitors system from mid-2008 to October 2008. 
All  Member  States  including  the  associated  Schengen  countries,  regardless  of  their  present 
status, will be the first countries to benefit from this eVisitors system. 

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OJ C 62, 7.3.2008, p. 2. 
We are waiting for the official notification of Bulgaria 
COM(2006) 3 final. 

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According  to  the  information  received  from  the  Australian  Department  of  Immigration  and 
Citizenship (DIAC), the eVisitors system provides that: 

–  The  eVisitor  is  an  authority  to  visit  Australia  for  tourism  or  business  purposes  for  a 

maximum period of three months on each entry. 

–  The eVisitor will be valid for 12 months from the date it is granted. 

–  The eVisitor applications are made online and are free of charge. 

Assessment 

The Commission welcomes the movement of Bulgaria, Poland, Romania and Slovakia to the 
"autogrant facility". This means that all Member States either enjoy the "autogrant facility" or 
need an ETA. 

The  Commission  is  looking  forward  to  the  implementation  of  the  eVisitors  system  as  this 
would  result  in  equal  treatment  of  all  Member  States.  Nevertheless,  the  Commission  will 
closely monitor the implementation of the eVisitors system in order to ensure that it provides 
equal treatment in practice as well. Once all information on the eVisitors system is available 
the Commission will prepare an assessment on whether or not this system is tantamount to the 
Schengen visa application process as defined in the Common Consular Instructions. 

2.2.  Brazil 

Current situation 

The citizens of five Member States, namely Cyprus, Estonia, Latvia, Lithuania and Malta, still 
require a visa when entering Brazil. 
By  Verbal  Note  No  9752  of  7  November  20079  Romania  informed  the  Commission  that, 
following the entry into force of the Agreement between the Government of Romania and the 
Government of the Federative Republic of Brazil concerning the abolition of the visa system, 
as of 11 November 2007, Romanian citizens are exempt from the visa obligation for transit 
and journeys of short duration. 

Steps taken to achieve reciprocity 

On  18  April  2008,  the  Council  adopted  a  decision  authorizing  the  Commission  to  open 
negotiations  on  the  conclusion  of  a  short-stay  visa-waiver  agreement  between  the  European 
Community and Brazil. On 2 July 2008 the Commission met the Brazilian Mission to the EU 
in order to open the negotiations for a short stay visa waiver agreement. During the meeting 
the  two  parties  agreed  on  an  agenda  on  pursuing  these  negotiations  with  the  purpose  of 
signing the agreement as soon as possible. 

Assessment 

The  Commission  welcomes  the  opening  for  the  negotiations  on  a  short-stay  visa  waiver 
agreement and will do its utmost to conclude the agreement as soon as possible. 

2.3. 

Brunei Darussalam 

Current situation 

All Member States and associated countries benefit from a 30 day visa waiver. 

Steps taken to achieve reciprocity 

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OJ C 19, 25.1.2008, p. 1. 

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By Verbal Note No 3668 of 22 April 2008 Romania informed the Commission that, following 
the  decision  of  the  Government  of  Brunei  Darussalam  concerning  the  abolition  of  the  visa 
obligation, as of 1 February 2008 Romanian citizens are exempt from the visa obligation for a 
stay of up to 30 days. The website of the Ministry of Foreign Affairs of Brunei Darussalam 
indicates that all Member States and associated countries benefit from visa waiver for stays up 
to 30 days. 

Assessment 

Brunei Darussalam grants a visa waiver for 30 days to most of the countries with which it has 
a visa waiver arrangement. According to information provided on the website of the Ministry 
of Foreign Affairs of Brunei Darussalam, a 90 day visa waiver arrangement is granted only to 
holders of ordinary U.S. machine readable passports. Since nationals from one third country 
benefit  a  more  favorable  regime,  the  Commission  will  seek  clarification  from  Brunei 
Darussalam's  authorities  on  this  differentiation  and  will  assess  the  situation  with  Brunei 
Darussalam once this clarification has been provided. 

2.4. 

Canada 

Current situation 

A visa requirement is maintained for nationals of Bulgaria and Romania. 

Steps taken to achieve reciprocity 

Since  the  2007  report,  Canada  has  lifted  the  visa  requirement  for  nationals  of  six  Member 
States:  for  the  Czech  Republic  and  Latvia  on 31  October  2007  and  for  Hungary,  Lithuania, 
Poland  and  Slovakia  on  29  February  2008.  With  regard  to  Lithuania  and  Poland,  as  from  1 
January 2009 only their nationals holding biometric passports will be able to travel without a 
visa to Canada. 

A Canadian delegation conducted technical visits to Romania on 14 to 16 April 2008 and to 
Bulgaria on 17 and 18 April 2008 to review the visa requirement. The final reports of these 
technical missions are expected to be completed in August 2008. 

Assessment 

The  Commission  welcomes  the  lifting  of  the  visa  requirement  for  nationals  of  the  Czech 
Republic, Hungary, Latvia, Lithuania, Poland and Slovakia. The Commission will continue to 
pursue  discussions  with  Canada  with  a  view  to  lifting  visa  requirements  for  Bulgaria  and 
Romania. The Commission will also work towards the objective of achieving the same rights 
for  all  nationals  of  EU  Member  States  as  regards  the  status  of  their  passports  in  order  to 
achieve full reciprocity with Canada. 

3. 

No progress on reciprocity since the report of 13 September 2007 

3.1. 

Japan 

Current situation 

The visa requirement is still maintained for the citizens of Romania. 

Steps taken to achieve reciprocity 

By  letter  of  10  April  2008,  the  Ambassador  of  Japan  to  the  European  Union  informed  the 
Commission  that  the  Japanese  authorities  are  currently  examining  the  possibility  of  taking 
measures  to  extend  visa  exemption  to  Romanian  nationals  for  short  stays  in  Japan.  The 
Japanese  authorities  invited  the  Commission  and  Romania  to  cooperate  in  the  collection  of 

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relevant  information  to  remove  some  of  the  concerns  of  the  Japanese  authorities  before 
extending the visa waiver. 

Assessment 

The Commission notes the Japanese answer sent on 10 April 2008 but looks forward to a full 
reply to its own note of July 2007. In line with the text agreed at the 2008 EU-Japan Summit, 
the  Commission  reiterates  its  request  for  full  visa  waiver  reciprocity  with  respect  to  the 
citizens of all EU Member States and underlines the importance both EU and Japanese leaders 
attached to resolving this issue. 

3.2. 

Panama 

Current situation 

The visa requirement is still maintained for the citizens of Bulgaria and Romania. 

Steps taken to achieve reciprocity 

Further  to  verbal  notes  of  5  July  2007  and  10  April  2008  by  which  they  were  requested  to 
waive  the  visa  requirement  for  Bulgarian  and  Romanian  citizens,  the  authorities  of  Panama 
replied on 7 May 2008 that the administrative procedures for waiving the visa requirement for 
the citizens of Romania and Bulgaria have been initiated. 

Assessment 

The  authorities  of  Panama  have  confirmed  their  intention  to  waive  the  visa  requirement  for 
citizens of Bulgaria and Romania and have initiated their internal procedures to that end. The 
Commission considers that a reasonable time should be given to the authorities of Panama to 
finalize these administrative procedures.  However, this process should  be closely monitored 
in order to encourage a fast resolution of this outstanding visa reciprocity issue. 

3.3. 

Singapore 

Current situation 

The visa waiver is limited to stays of 30 days if arriving by air and 14 days if arriving by sea 
or  land  which  can  be  extended  locally  for  two  periods  of  30  days  in  accordance  with  the 
general visa waiver scheme. However, the citizens of three countries (Australia, South Korea 
and the United States of America) enjoy a preferential 90 day stay in Singapore. 

Steps taken to achieve reciprocity 

On  13  February  2008,  the  Commission  invited  the  Singaporean  authorities  to  a  meeting  at 
technical level in order to discuss the possibilities for restoring full reciprocity in accordance 
with the line proposed in the third reciprocity report: either a unilateral waiver of three months 
or the signing of a visa waiver agreement.  
On  1  April  2008,  the  authorities  of  Singapore  informed  the  Commission  that  no  change  to 
their  visa  programme  would  be  introduced.  Furthermore,  they  pointed  out  that  visa  waiver 
agreements are being negotiated with the Czech Republic, Estonia and Bulgaria to allow the 
citizens of those Member States to enter Singapore for a period of 90 days without needing to 
apply for an extension. The Czech Republic and Bulgaria informed the Commission that no 
negotiations  are  currently  taking  place  with  Singapore.  Estonia  has  not  yet  provided  any 
information. 

Assessment 

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The Commission regrets that a three month visa free stay for the citizens of the EU has not 
been granted, while Singaporean citizens enjoy a "three months within six months" visa-free 
stay in the EU. Furthermore the Commission observes that there is no indication that the visa 
waiver for the EU citizens will reach the level of the three countries enjoying a preferential 
treatment. 

Therefore,  the  Commission  suggests  that,  while  analyzing  the  information  received  by 
Singapore and the Member States with respect to the negotiations of visa waiver agreements, 
consideration should be given to the introduction of retaliatory measures in accordance with 
Article 1 paragraph 4 of Council Regulation 539/2001. 

3.4. 

United States of America (USA) 

Current situation 

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

Steps taken to achieve reciprocity 

The  Commission  continued  to  raise  the  issue  of  non-reciprocity  energetically  with  U.S. 
authorities at technical and political levels, notably at the EU-US JLS Ministerial Troika on 
10-11  December  2007,  the  EU-US  Justice  and  Home  Affairs  Ministerial  Troika  meeting  on 
12-13 March 2008, and the EU-US Summit on 10 June 2008. 

On  30  January  2008,  the  U.S.  authorities  gave  the  Commission  two  draft  Memoranda  of 
Understanding (MoU) which the US intended to sign respectively with Visa Waiver Program 
(VWP) candidate countries and those countries already in the VWP. The draft MoU contained 
several  elements  of  EC  responsibility,  e.g.  the  Electronic  System  for  Travel  Authorization 
(ESTA), enhanced standards for travel documents and provisions of information generated by 
Schengen rules. 

On 12 March 2008, the Committee of Permanent Representatives (Coreper) agreed to pursue 
a  twin  track  approach:  "In  order  to  enable  the  designation  of  all  EU  Member  States  in  the 
U.S. VWP, there was common agreement that Member States may initiate or develop bilateral 
commitments  with  the  USA.  In  this  context,  it  is  being  understood  that  EC  law  will  be 
respected and that the Commission will be kept fully informed. The EC track to be negotiated 
by the Commission will follow the common approach agreed on 5 March 2008." At the EU-
US  JLS  Ministerial  Troika  meeting  on  12-13  March  2008,  the  EU  and  the  US  agreed  in  a 
statement  to  follow  such  a  twin  track  approach:  "Those  matters  that  fall  within  national 
responsibilities  will  be  discussed  with  national  authorities  while  those  that  fall  within  EU 
responsibility will be discussed with EU authorities." 

As  regards  the  EC-US  track  of  this  twin  track  approach,  on  18  April  2008,  the  Council 
adopted  a  mandate  for  the  Commission  to  negotiate  an  agreement  between  the  European 
Community  and  the  USA  regarding  certain  conditions  for  access  to  the  U.S.  VWP  in 
accordance  with  Section  711  of  the  "Implementing  Recommendations  of  the  9/11 
Commission  Act  of  2007".  In  line  with  this  mandate  the  Commission  drafted  an  EC-US 
agreement,  endorsed  by  Member  States.  The  purpose  of  this  agreement  is  to  record 
satisfaction of U.S. legal requirements which fall under EC competence for entry or continued 
participation  in  the  VWP.  This  draft  agreement  served  as  the  basis  for  the  first  meeting 
between  the  Commission  and  U.S.  authorities  on  the  conditions  of  the  U.S.  VWP  falling 
under EC competence on 29 April 2008. At that meeting the USA confirmed its commitment 
to cooperate on the development of the EC track. 

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Information exchange is of key concern for U.S. authorities within the EC track. However, the 
Commission and the Member States do not consider it possible to exchange information from 
EU  databases  (e.g.  Eurodac  and  SIS)  with  third  countries  due  to  legal  constraints. 
Nevertheless,  the  Commission  is  committed  to  exploring  further  in  parallel  the  possibilities 
for information sharing with U.S. authorities. This was reiterated in the letter Vice-President 
Barrot  sent  to  Secretary  Chertoff  on  25  June  2008  in  which  he  outlined  the  need  to  record 
satisfaction  of  U.S.  legal  requirements  which  fall  under  EC  responsibility  (repatriation, 
enhanced  travel  documents  and  airport  security)  for  entry  into  or  continued  participation  in 
the VWP. The USA has not yet responded to this letter. 

As part of the EC-track, the Commission also needs to assess whether the travel authorization 
under the ESTA is tantamount to a visa requirement or not. On 9 June 2008, the Interim Final 
Rule for the ESTA was published in the Federal Register. The Commission will provide its 
preliminary  assessment  on  the  basis  of  this  Interim  Final  Rule  as  to  whether  the  ESTA  is 
tantamount  to  the  Schengen  visa  application  process  as  defined  in  the  Common  Consular 
Instructions or not, together with an analysis of the implications of ESTA for the protection of 
personal data. However, the Commission will be able to give a final assessment, only once the 
Final Rule has been published in the Federal Register; i.e. 60 days before its entry into force. 

As regards bilateral arrangements, seven Member States have signed a MoU with the USA: 
the  Czech  Republic  on  27  February  2008,  Estonia  and  Latvia  on  12  March  2008,  Hungary, 
Lithuania  and  Slovakia  on  17  March  2008,  and  Malta  on  11  April  2008.  Furthermore, 
Bulgaria signed  an interim declaration  outlining the  security  requirements of the VWP  with 
the USA on 17 June 2008. In order to improve cooperation in combating terrorism, including 
cooperation  between  intelligence  communities  in  sharing  information  regarding  terrorist 
threats,  the  US  is  seeking  bilateral  arrangements  with  some  Member  States.  For  instance, 
Germany signed an agreement on enhancing cooperation in preventing and combating serious 
crime on 11 March 2008 and Hungary signed on 20 May 2008 an agreement with the USA on 
exchange of screening information concerning known or suspected terrorists. 

Assessment 

Since the report of 13 September 2007, the USA has signed seven MoU with Member States 
and an interim declaration with another Member State; it has engaged in negotiations on the 
EC-track and it has announced the Interim Final Rule for the ESTA. However, no additional 
Member  State  has  joined  the  VWP.  The  EU  and  the  USA  have  affirmed  repeatedly  their 
common  goal  to  achieve  secure  visa-free  travel,  in  full  compliance  with  applicable  laws, 
between  the  Member  States  and  the  USA  as  soon  as  possible.  This  was  reiterated  most 
recently  at  the  10  June  2008  EU-US  Summit  at  which  the  jointly  agreed  Summit  statement 
said: "We will work together to enhance the security of visa-free travel and the US remains 
committed to expand its Visa Waiver Program to all EU Member States as soon as possible, 
including bringing additional EU Member States into the Visa Waiver Program this year." 

In  the  light  of  the  above,  the  Commission  believes  that  if  the  USA  does  not  live  up  to  its 
promises  to  bring  additional  EU  Member  States  into  the  VWP  before  the  end  of  this  year, 
appropriate  steps  vis-à-vis  the  USA  should  be  considered  in  order  to  expedite  progress 
towards  full  reciprocity.  The  Commission  will  propose  retaliatory  measures,  e.g.  temporary 
restoration of the visa requirement for U.S. nationals holding diplomatic and service/official 
passports,  as  from  1  January  2009,  unless  additional  EU  Member  States  have  been  brought 
into  the  VWP  by  the  end  of  2008.  This  temporary  measure  would  be  lifted  once  tangible 
progress towards visa reciprocity with the USA has been achieved. With regard to the ESTA, 
the Commission will provide a preliminary assessment and a final assessment once the Final 
Rule is published in the Federal Register. 

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III.  Conclusion 

The Commission considers that since the last report of 13 September 2007 the dialogue with 
third countries under the new reciprocity mechanism has once again proven effective. Further 
full  visa  reciprocity  has  been  achieved  with  three  third  countries  (Israel,  Malaysia  and 
Paraguay).  Furthermore,  the  Commission  has  achieved  significant  progress  in  the  dialogue 
with Canada, for which only Bulgaria and Romania remain under the visa obligation. In the 
dialogue  with  Australia  the  Commission  has  achieved  access  for  all  Member  States  to  the 
"autogrant facility" and equal treatment for the nationals of all Member States from October 
2008. Nevertheless, the implementation of the Australian eVisitors system will be monitored 
carefully.  The  negotiations  for  a  short-stay  visa  waiver  agreement  between  the  European 
Community and Brazil have started, in order to achieve full visa reciprocity with Brazil. 

No progress has been achieved with Japan, Panama, Singapore and the USA. With regard to 
Singapore the Commission suggests that retaliatory measures should be introduced if within a 
reasonable time no full reciprocity has been achieved. 

Regarding the USA, despite all efforts of the Commission and individual Member States and 
the  promises  by  the  USA  to  bring  additional  EU  Member  States  in  the  VWP  this  year,  no 
tangible  progress  has  been  made.  Therefore,  the  Commission  will  propose  retaliatory 
measures  –e.g.  temporary  restoration  of  the  visa  requirement  for  U.S.  nationals  holding 
diplomatic  and  service/official  passports–  as  from  1  January  2009  if  no  progress  has  been 
achieved.  With  regard  to  the  U.S.  ESTA,  the  Commission  will  prepare  a  preliminary 
assessment and a final assessment once the Final Rule is published in the Federal Register. 

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  30  June 
2009, although formally, under Article 1(5) of Council Regulation (EC) No 851/2005, it is not 
obliged to present such a report until 30 June 2010. 

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