COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL State of play as regards the situation of non-reciprocity in the area of visa policy
Date: 2020-03-23
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Bulgaria, Croatia, Cyprus, EU visa policy, Poland, Romania, United States, epidemic, external border of the EU, foreign national, infectious disease

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 23.3.2020  COM(2020) 119 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL State of play as regards the situation of non-reciprocity in the area of visa policy  
 
 
I. INTRODUCTION 

On 12 April 2016, the Commission presented a Communication on the state of play and the 
possible ways forward as regards the situation of non-reciprocity with certain third countries 
in the area of visa policy.1 In that Communication it was noted that with the active support of 
the  Commission,  the  vast  majority  of  the  non-reciprocity  cases  notified  as  regards  third 
countries had  been solved.2 However, the Communication recalled that, if the third country 
concerned had not lifted the visa requirement by 12 April 2016, Council Regulation (EC) No 
539/2001  of  15  March  2001,  as  amended  by  the  European  Parliament  and  Council  by 
Regulation  (EU)  No  1289/2013  of  11  December  2013,  obliged  the  Commission  to  adopt  a 
delegated act suspending for 12 months the visa waiver for nationals of that third country.3 
The Regulation also required that the Commission take into account the consequences of the 
suspension of the visa waiver for the external relations of the EU and its Member States.4 

The April 2016 Communication assessed the consequences and impact of the suspension of 
the  visa  waiver  for  EU  citizens  and  businesses  as  well  as  nationals  of  the  third  countries 
concerned,  and  invited  the  European  Parliament  and  the  Council  to  discuss  the  most 
appropriate  way  forward.  The  Commission  subsequently  presented  five  follow-up 
Communications:  in  July5  and  December6  2016,  in  May7  and  December8  2017,  and  in 
December 20189. In its latest Communications on visa reciprocity from December 2017 and 
December  2018,  the  Commission  provided  an  overview  of  the  state  of  play  and  the  way 
forward  as  regards  the  situation  of  non-reciprocity  with  the  United  States  (notified  by 
Bulgaria,  Croatia,  Cyprus,  Poland  and  Romania),  as  the  only  remaining  case  of  non-
reciprocity. 

On  15  January  2019,  the  latest  Communication  was  presented  the  European  Parliament’s 
Committee on Civil Liberties, Justice and Home Affairs. 

This Communication takes stock of progress made towards visa reciprocity with the United 
States since December 2018, and in particular reports on progress achieved by Poland which 
joined the United States Visa Waiver Program in November 2019. 

This Communication comes at a time of proliferation of visa-related measures taken by many 
countries  to  fight  the  COVID-19  global  pandemic.  Measures  temporarily  restricting  non-

1   COM(2016) 221 final of 12 April 2016. 
2 

In  2014,  the  Commission  received  notifications  of  non-reciprocity  situations  from  five  Member  States: 
Bulgaria, Croatia,  Cyprus, Poland and Romania. These notifications related to Canada, the United States, 
Australia,  Brunei  and  Japan.  The  situations  of  non-reciprocity  with  Canada,  Australia,  Brunei  and  Japan 
have all been resolved by achieving full visa waiver reciprocity. 

3   See  Article  1(4)  of  that  Regulation.  The  same  obligation  is  now  provided  for  by  Article  7  of  Regulation 
(EU)  2018/1806  of  the  European  Parliament  and  of  the  Council  of  14  November  2018  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  (codification),  OJ  L  303,  28.11.2018,  p.  39,  which 
codified Regulation 539/2001. 
See now Article 7 of Regulation 2018/1806. 

4 
5   COM(2016) 481 final of 12 July 2016. 
6   COM(2016) 816 final of 21 December 2016. 
7   COM(2017) 227 final of 2 May 2017. 
8   COM(2017) 813 final of 20 December 2017. 
9   COM(2018) 855 final of 19 December 2018. 

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essential travel on a global level have become widespread. As of 13 March 2020, the United 
States  imposed  temporary  travel  restrictions  for  foreign  nationals,  regardless  of  their 
nationality,  who  have  been  physically  present  in  the  Schengen  area  or  who  have  visited  it 
during  the  previous  14  days10.  These  restrictions  were  extended  to  Ireland  and  the  United 
Kingdom on 16 March11. These measures are linked to entry restrictions to the United States 
based on the physical presence in the areas concerned, and not the nationality of the travellers 
and  are  therefore  not  linked  with  visa  reciprocity.  The  European  Union  has  taken  similar 
steps to restrict non-essential travel from third countries12. This Communication must be read 
taking into account this current rapidly evolving situation13. 

Extraordinary  as  the  times  may  be  in  terms  of  implementation  of  visa  policies  world-wide, 
the  Commission  considers  it  still  of  importance  to  report  in  the  present  Communication  on 
the  steps  taken  in  the  reporting  period,  especially  during  the  course  of  2019  before  the 
COVID-19  global pandemic erupted, to  achieve  full  visa reciprocity with the United States 
for  all  Member  States.  These  efforts  will  resume  once  the  present  exceptional  situation 
returns to normality. 

10   https://www.dhs.gov/news/2020/03/11/homeland-security-acting-secretary-chad-f-wolf-s-statement-

presidential-proclamation  

11   https://www.dhs.gov/news/2020/03/16/department-homeland-security-outlines-new-process-americans-

returning-schengen-area  

12   COM(2020) 115 final of 16 March 2020. 
13   As of 19 March, the United States issued a global health advisory for the entire world as level 4, its highest 
level, advising against travelling. As a consequence, routine U.S. visa services worldwide are temporarily 
suspended worldwide. 

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II. DEVELOPMENTS IN THE REPORTING PERIOD  

1.  Designation of Poland into the United States Visa Waiver Program 

When  a  country  appears  to  meet  all  the  Visa  Waiver  Program  requirements,  the  U.S. 
Department  of State can formally nominate it for entry into the  Visa Waiver Program.  The 
U.S.  Department  of  Homeland  Security  then  determines  whether  the  country  meets  the 
requirements and assesses that the country’s designation into the Visa Waiver Program would 
not detrimentally affect the United States interests, after which the Secretary of Department 
of Homeland Security can designate a country into the Visa Waiver Program.  

On 4 October 2019, the U.S. Department of State formally nominated Poland for entry into 
the Visa Waiver Program. On 6 November 2019, the U.S. Department of Homeland Security, 
after  having  certified  that  Poland  fulfils  the  necessary  statutory14  and  policy  requirements, 
designated  Poland  into  the  Visa  Waiver  Program.  As  of  11  November  2019,  citizens  of 
Poland are able to apply to travel to the United States for tourism or business purposes for up 
to 90 days without obtaining a U.S. visa. 

The Commission welcomes Poland’s entry into the Visa Waiver Program, which is the result 
of  active  diplomatic  engagement  and  full  cooperation  with  all  sides.  This  approach  was 
instrumental  for  resolving  previous  non-reciprocity  cases,  and  also  bore  fruit  in  the  case  of 
the  United  States.  The  results  achieved  show  that  tangible  progress  in  this  regard  can  be 
achieved through continued engagement and diplomatic contacts.  

2.  Overview of EU-United States contacts and their follow-up  

During the reporting period, political and technical contacts between the EU and the United 
States continued at a high pace. The Commission continued to urge the United States at all 
possible occasions to further cooperate with the Member States concerned and to accelerate 
progress towards full visa reciprocity. In coordination with the Member States concerned, the 
Commission renewed calls for these efforts to lead to intensified and concrete action on all 
sides, on the basis of objective criteria. 

In  this  context,  visa  reciprocity  was  discussed  at  all  relevant  official  meetings  between  the 
EU and the United States during the reporting period, particularly at high political level at the 
bi-annual EU-U.S. Justice and Home Affairs Ministerial meetings held in Bucharest in May 
2019 and in Washington D.C. in December 2019. The matter was also thoroughly discussed 
at technical levels, at the occasion of the bi-annual EU-U.S. Justice and Home Affairs Senior 
Officials’ meetings – held in Bucharest in February 2019, in Brussels in September 2019, and 
in  Rovinj  in  March  2020,  and  the  tripartite  meetings  (held  between  the  Commission,  the 
United  States  and  the  Member  States  concerned)  in  Washington  D.C.  in  May  2019  and  in 
Brussels in November 2019.  

14  Visa refusal rate for Poland for fiscal year 2019 dropped from 3.99% to 2.76%, bringing it under the legally 
required  3%  threshold.  Poland  and  United  States  signed  the  required  Preventing  and  Combating  Serious 
Crime Agreement on 12 June 2019, paving the way to increased cooperation in the area of public security 
and migration between the two countries. 

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Tripartite meeting in Washington D.C. (May 2019) 

The  tripartite  meeting  held  at  senior  management  level,  took  place  in  a  constructive 
atmosphere  in  Washington  D.C.  in  May  2019.  This  was  the  second  time  that  the  tripartite 
talks had taken place in Washington D.C., at the invitation of the United States side, a gesture 
which was welcomed by the EU side as it enabled further contacts with a wide range of U.S. 
counterparts and other key interlocutors. The Commission explained the political context of 
the  then  upcoming  European  Parliament  elections  and  the  urgent  need  to  make  further 
progress. The meeting addressed the technical requirements of the Visa Waiver Program, as 
well as the political significance of achieving full visa reciprocity. 

In  line  with  the  commitments  to  provide  more  concrete  guidance  to  the  Member  States 
concerned,  the  United  States  presented  a  detailed  questionnaire  (developed  by  the 
Department of Homeland Security)15 in order to map technical Visa Waiver Program security 
requirements in a more transparent way. Compared to the self-assessment matrix, provided in 
2018 to the Member States concerned to be able to track the fulfilment of basic Visa Waiver 
Program  requirements,  the  questionnaire  provides  a  much  more  in-depth  overview  of  those 
requirements. Acknowledging that the questionnaire provides further transparency and clarity 
on  all  the  aspects  of  Visa  Waiver  Program  security  requirements,  it  was  agreed  that  the 
Member  States  concerned  would  provide  replies  to  the  questionnaire  within  an  agreed 
deadline.  As  the  next  step,  the  United  States  would  then  assess  these  replies  in  order  to 
identify  possible  areas  where  work  remains  to  be  done  towards  meeting  the  Visa  Waiver 
Program requirements. A follow-up discussion would take place at the next tripartite meeting 
in November 2019, with the objective of taking action in those areas. 

The  participants  at  the  tripartite  meeting  acknowledged  that  the  visa  refusal  rate  is  not 
encompassed by the questionnaire, even though it is one of the main legal obstacles to join 
the Visa Waiver Program for the majority of the Member States concerned. The United States 
explained the United States is engaged with the Member States concerned through consular 
sections of the United States embassies in the respective capitals. The consular sections are 
cooperating with the local authorities with a view to bring the visa refusal rate down, while 
safeguarding  the  independence  of  United  States’  consular  officers  in  their  work  of 
adjudicating  visa  applications.  While  acknowledging  the  ongoing  consular  cooperation  and 
the need to safeguard the visa decision-taking independence of United States’ consular staff, 
the Commission and Member States concerned again called on the United States to provide a 
detailed breakdown of visa refusal rates. Such a breakdown, with figures on specific locations 
or trends in key consulates with a high refusal rate, would notably help the Member States to 
better target their outreach campaigns and in this way bring the visa refusal rate down further. 

Side meetings were held with various stakeholders, including with Congress staffers, to raise 
awareness of the visa reciprocity issue, regarding the measures taken by the EU to reinforce 
the  EU  external  borders  and  internal  security.  As  United  States  interlocutors  explained,  the 
United States sees the Visa Waiver Program not only as a travel facilitation program, but also 

15   The  questionnaire  will  also  be  a  tool  used  to  monitor  the  continued  fulfilment  of  Visa  Waiver  Program 
requirements by all current Visa Waiver Program members. Visa Waiver Program membership is regularly 
reviewed by the United States, and members need to continue fulfilling the requirements of the Program. 

4 

 
 
                                                           
as  a  security  program.  The  EU  side  pointed  to  the  security  benefits  for  the  United  States 
resulting from the extension of the Visa Waiver Program to all EU Member States.  

EU-U.S. Justice and Home Affairs Ministerial meeting in Bucharest (June 2019) 

At the EU-U.S. Justice and Home Affairs Ministerial meeting that was held in Bucharest on 
19 June 2019, both the Romanian Presidency of the Council of the EU and the Commission 
reiterated the urgency of extending the Visa Waiver Program to all EU Member States. The 
meeting recognised the progress made, took note of the process which was agreed at the May 
2019 tripartite meeting and approved the way forward, i.e. the United States’ assessment of 
the  Member  States’  replies  to  the  U.S.  questionnaire  would  serve  as  the  basis  for  future 
discussions, with the aim to lead to concrete actions. Both sides committed to work on this 
basis and to report back to the political level on progress made. 

It was also acknowledged that numerous Visa Waiver Program requirements fall within the 
remit of bilateral cooperation between the United States and individual Member States. Work 
will therefore continue in parallel – at bilateral level and in tripartite meetings involving the 
Commission. 

The joint  statement16 issued after the Ministerial  meeting states  that the EU and the United 
States agree on the importance of advancing further towards reciprocal visa-free travel under 
their  respective  legal  frameworks.  It  also  welcomes  the  progress  of  the  Member  States 
concerned towards meeting the requirements of the Visa Waiver Program, which will enable 
them to be considered for designation into the programme. 

Tripartite meeting in Brussels (November 2019) 

The tripartite meeting, which took place in Brussels on 13 November 2019, was the occasion 
to  report  on  the  entry  of  Poland  into  the  United  States  Visa  Waiver  Program.  Polish 
representatives were encouraged to share their experiences with the remaining Member States 
concerned  regarding  their  successful  approach  to  addressing  the  Visa  Waiver  Program 
requirements.  

Both  the  United  States  and  the  Commission  committed  to  continuing  the  work  with  the 
remaining  four  Member  States  concerned.  Discussions  focused  on  the  tailored  work-plans, 
which were provided by U.S. authorities to each of the four Member States concerned, based 
on their respective national replies to the detailed U.S. questionnaire. The work-plans contain 
actions for Visa Waiver Program compliance regarding security requirements. While all four 
Member  States  concerned  and  the  Commission  welcomed  the  delivery  of  the  work-plans, 
acknowledging the transparency they bring to the process, the Member States expressed their 
wish  for  the  actions  to  be  accompanied  by  time-lines.  All  four  Member  States  concerned 
committed to working on the basis of the work-plans, to providing further comments to the 
U.S.  and to  starting a  continuous dialogue on the actions suggested in  the respective work-
plans. The Commission  suggested that the next tripartite meeting should be the occasion to 
take stock of progress. 

16   https://www.consilium.europa.eu/en/press/press-releases/2019/06/19/joint-eu-u-s-statement-following-the-

eu-u-s-justice-and-home-affairs-ministerial-meeting/ 

5 

 
 
                                                           
EU-U.S.  Justice  and  Home  Affairs  Ministerial  meeting  in  Washington  D.C.  (December 
2019) 

At the EU-U.S.  Justice and Home Affairs Ministerial  meeting that was held  in  Washington 
D.C.  on  11  December  2019,  both  the  Finnish Presidency  of  the  Council  of  the  EU  and  the 
Commission  reiterated  the  importance  of  achieving  full  visa-waiver  reciprocity  with  the 
United  States.  While  welcoming  the  entry  of  Poland  into  the  Visa  Waiver  Program  as  a 
significant  matter  of  progress,  it  was  stressed  that  securing  waivers  for  the  four  remaining 
Member States remained a priority. 

It was acknowledged that the tailored work-plans elaborated by the U.S. for the four Member 
States  concerned  was  a  good  way  to  advance,  as  they  provide  much  needed  clarity  and 
concrete  guidance  towards  reaching  compliance  with  the  Visa  Waiver  Program  security 
requirements. 

The  next  tripartite  meeting  to  be  held  in  spring  202017  would  be  an  occasion  to  revisit 
progress made on the work-plans by each of the four remaining Member States, and the issue 
will be revisited, to monitor progress, at the next Ministerial meeting in Croatia in May 2020. 

In  the  joint  statement18  issued  after  the  Ministerial  meeting,  the  European  Union  and  the 
United States welcomed Poland's designation into the Visa Waiver Program, reminding that 
this underscores the usefulness of the tripartite process and the encouraging progress made by 
four  other  Member  States  towards  reciprocal  visa  free  travel  under  the  respective  legal 
frameworks.  Both  sides  committed  to  continue  working  together,  in  the  appropriate 
frameworks,  to  support  the  remaining  four  EU  Member  States  concerned  in  their  efforts 
towards designation into the Visa Waiver Program. 

3.  U.S. Visa Waiver Program – requirements and developments  

The  Communication  hereby  presents  developments  regarding  the  most  relevant  U.S.  Visa 
Waiver  Program  requirements  and  outlines  the  progress  made  by  the  Member  States 
concerned in the reporting period towards fulfilling U.S. Visa Waiver Program requirements. 

Visa refusal rate 

According  to  United  States  legislation,  as  stipulated  in  the  United  States  Immigration  and 
Nationality Act, the aspiring countries for the Visa Waiver Program must have a refusal rate 
for  non-immigrant  visas  of  less  than  3%  per  year  or  a  two-year  average  of  less  than  2%. 
According to visa refusal statistics for the fiscal year 2019, the visa refusal rates for three of 
the four Member States concerned remain above the required 3% threshold (Bulgaria 9.75%, 
Croatia 4.02% and Romania 9.11%). However, overall progress can be noted, with a general 
downward trend observed over the last years. 

Croatia registered a marked decrease from 5.92% in 2018 to 4.02% in 2019, bringing it close 
to the 3% legal threshold. 

17   Tentatively planned, bearing in mind the exceptional situation of global COVID-19 global pandemic. 
18   https://www.consilium.europa.eu/en/press/press-releases/2019/12/11/joint-eu-us-statement-following-the-

eu-us-justice-and-home-affairs-ministerial-meeting/  

6 

 
 
                                                           
Bulgaria  has  recorded  a  steady  decrease  of  the  visa  refusal  rate  over  the  last  years,  with 
refusals decreasing from 17.3% in 2015, 16.9% in 2016, 14.97% in 2017, 11.32% in 2018 to 
9.75% in 2019. Romania has also recorded a decrease, from 11.76% in 2017 and 10.44% in 
2018 to 9.11% in 2019. This brings both Bulgaria and Romania under 10% for the first time. 
Cyprus remained under the 3% threshold, with the refusal rate at 2.78%19. 

The  United  States  publishes  visa  refusal  rates  for  all  countries  worldwide  at  the  end  of  the 
fiscal year20. However, the non-immigrant visa refusal rate for countries with visa-free travel 
to the United States is not a comparable indicator. For countries that are already members of 
the  U.S.  Visa  Waiver  Program,  the  visa  requirement  applies  only  to  travellers  who  are  not 
eligible to apply through the Electronic System for Travel Authorization (ESTA). 

Visa Waiver Program security requirements  

As previously reported, in addition to signing the Preventing and Combating Serious Crime 
Agreement (PCSC), the targeted enhancements introduced by the United States Department 
of  Homeland  Security  in  2017  have  made  it  mandatory  for  this  Agreement  to  be  fully 
implemented  for  a  country  to  be  considered  for  Visa  Waiver  Program  designation.  All 
Member  States  concerned  have  advanced  their  work  on  the  fulfilment  of  this  criterion. 
Bulgaria, Croatia, Cyprus and Romania have already signed and ratified this agreement with 
the United States and have continued to work towards its full implementation21.  

Following  the  political  endorsement  of  the  way  forward  at  the  EU-U.S.  JHA  Ministerial 
meeting  in  June  2019,  work  on  security  requirements  continued  on  the  basis  of  the  United 
States questionnaire (see section II.2) and work-plans individually tailored for each Member 
State  concerned.  The  next  tripartite  meeting,  planned  for  the  spring  2020  circumstances 
allowing, will focus on the progress in actions identified in the work-plans. The Commission 
will continue to coordinate and assist in this process as appropriate, in close cooperation with 
the Member States concerned. 

Overall, the fact that one Member States recently joined the U.S. Visa Waiver Program and 
the ongoing results-oriented process underway for the remaining Member States shows there 
is a concrete perspective for all four Member States concerned to continue making progress 
based on objective requirements. Among the four Member States, some appear to be closer to 
fulfilling  these  requirements  and  to  be  considered  for  designation  into  the  Visa  Waiver 
Program,  however there  are concrete prospects  of progress  for  all of them, notwithstanding 
the current exceptional situation of COVID-19 global pandemic. 

III. NEXT STEPS AND CONCLUSIONS 

19   While Cyprus already complies with the 3% visa refusal rate requirement, the United States signalled that 
they are looking the totality of all relevant circumstances and the division of the island remains a particular 
challenge. 

20   Available at State Department website: https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-

Statistics/RefusalRates/FY18.pdf 

21   Poland and United States signed the required Preventing and Combating Serious Crime Agreement on 12 

June 2019 and successfully worked towards its full implementation. 

7 

 
 
 
                                                           
The Commission reiterates its intention to actively support the four Member States concerned 
and  to  work  closely  with  them  in  order  to  help  them  fulfil  the  requirements  for  U.S.  Visa 
Waiver  Program  designation.  Although  most  of  the  requirements  fall  under  bilateral 
cooperation between the United States and the Member State concerned, visa reciprocity is a 
fundamental  principle  of  EU  visa  policy,  which  warrants  the  Commission’s  ongoing 
involvement and engagement. 

After  they  are  resumed,  upcoming  contacts  at  all  levels,  including  technical  and  political  – 
both in tripartite and bilateral formats, will provide opportunities to maintain the momentum. 
The  next  tripartite  meeting  planned  for  spring  2020,  circumstances  allowing,  should  take 
forward the technical work based on the work-plans provided by the United States to each of 
the four remaining Member States,  and allow the Member States to  operationalise the Visa 
Waiver Program security requirements. 

The  next  EU-United  States  Justice  and  Home  Affairs  Ministerial  meeting,  planned  in  May 
2020, circumstances allowing, will be an opportunity to assess progress made on the political 
level. The Commission remains committed to achieving full visa reciprocity for all Member 
States as a matter of priority.  

As  soon  as  the  exceptional  situation  regarding  the  COVID-19  global  pandemic  returns  to 
normality, the Commission will continue its engagement with the United States and with the 
Member  States  concerned  to  accelerate  progress  towards  full  visa  reciprocity.  As  things 
stand,  especially  in  the  light  of  the  entry  of  Poland  into  the  United  States  Visa  Waiver 
Program,  and  the  continued  progress  made  by  the  other  Member  States  concerned,  the 
Commission maintains its position that cooperation and joint diplomatic engagement, where 
the Commission is in close coordination with the Member States concerned, continues to be 
the most appropriate way forward.  

Against this background, the Commission currently considers that the adoption of a delegated 
act  temporarily  suspending  the  exemption  from  the  visa  requirement  for  nationals  of  the 
United  States  would  be  counterproductive  at  this  point  in  time  and  it  would  not  serve  to 
achieve the objective of visa-free travel for all EU citizens.  

In this context, it is essential that the EU continues to speak with one voice on this important 
matter.  The  Commission  will  continue  to  work  closely  with  the  European  Parliament  and 
with the Council to achieve full visa reciprocity and will keep the European Parliament and 
the Council informed on the further developments. 

8