COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL State of play as regards the situation of reciprocity with the United States in the area of visa policy
Date: 2021-12-21
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Bulgaria, Croatia, Cyprus, EU visa policy, Poland, Romania, United States, external border of the EU, foreign national, rights of aliens

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 21.12.2021  COM(2021) 827 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL State of play as regards the situation of reciprocity with the United States in the area of visa policy  
 
 
I. INTRODUCTION 

This  Communication  presents  the  main  developments  since  December  2020  with  regard  to 
the  situation  of  visa  reciprocity  with  the  U.S.  It  follows  up  on  the  political  commitment 
expressed  in  the  latest  Communication1,  in  which  the  Commission  committed  to  keep  the 
European  Parliament  and  the  Council  abreast  by  reporting  on  further  developments  in  this 
area by December 2021. 

Visa  waiver  reciprocity  is  a  principle  of  the  EU's  common  visa  policy  and  an  objective, 
which the Union should pursue in a proactive manner in its relations with third countries, thus  
contributing  to  improving  the  credibility  and  consistency  of  the  Union's  external  relations.  
Such a principle means that the EU, when deciding on lifting the visa requirement for citizens  
of a third country, takes into consideration whether that third country reciprocally grants visa  
waiver to nationals of all Member States. 

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 U.S., Australia, Brunei and Japan.  

On  12  April  2016,  the  Commission  presented  a  Communication  on  the  state  of  play  and 
possible ways forward as regard the situation of non-reciprocity with certain third countries 
in  the  area  of  visa  policy.2  The  Communication  noted  that,  with  the  active  support  of  the 
Commission, the vast majority of the non-reciprocity cases notified as regard third countries 
had  all  been  resolved.3  At  the  time  of  adoption  of  this  Communication,  a  situation  of  non-
reciprocity relates to the U.S., as citizens of Bulgaria, Cyprus and Romania are still required 
to be in possession of a visa when travelling to the U.S. 

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  seven  follow-up 
Communications: in July4 and December5 2016, in May6 and December7 2017, in December 
20188,  and  in  March9  and  December  202010,  providing  an  overview  of  the  outreach  by  the 
Commission and relevant  developments,  as well as an assessment of the consequences of  a 
potential suspension. The latest Communication also defined the position of the Commission 

1   COM(2020) 851 final of 22 December 2020. 
2   COM(2016) 221 final of 12 April 2016. 
3  The  situations  of  non-reciprocity  with  Canada,  Australia,  Brunei  and  Japan  have  all  been  resolved  by 

achieving full visa waiver reciprocity. 
4   COM(2016) 481 final of 12 July 2016. 
5   COM(2016) 816 final of 21 December 2016. 
6   COM(2017)  227  final  of  2  May  2017.  This  Communication  defined  the  position  of  the  Commission 
following  the  European  Parliament  resolution  of  2  March  2017  on  obligations  of  the  Commission  in  the 
field of visa reciprocity and reported on the progress achieved. 

7   COM(2017) 813 final of 20 December 2017. 
8   COM(2018) 855 final of 19 December 2018. 
9   COM(2020) 119 final of 23 March 2020. 
10   COM(2020) 851 final of 22 December 2020. 

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following  the  European  Parliament  resolution  of  22  October  2020  on  obligations  of  the 
Commission in the field of visa reciprocity related to the call presented in that resolution for 
the  Commission  to  adopt  a  delegated  act  pursuant  to  Article  7  of  Regulation  (EU) 
2018/180611  and  reported  on  the  progress  achieved.  The  European  Parliament  nevertheless 
referred the Commission to the Court of Justice of the EU by bringing an action for failure to 
act under Article 265 TFEU on 4 March 202112 and the procedure is pending. 

II. RECENT DEVELOPMENTS  

1.  Overview of contacts and their follow-up  

Since  the  last  Communication,  the  issue  of  visa  reciprocity  was  addressed  in  all  relevant 
meetings and videoconferences between the Union and the U.S. It was, most notably, on the 
agenda  of  the  regular  EU-U.S.  Justice  and  Home  Affairs  Ministerial  meetings,  which  were 
held on 21-22 June 2021 and 16 December 2021. It was also discussed at the EU-U.S. Justice 
and Home Affairs Senior Officials’ meetings on 14-15 April 2021 and 20 September 2021, 
and in the tripartite meetings (held between the Commission, the U.S. and the Member States 
concerned) on 9-10 June 2021 and 8 December 2021. 

High-level  contacts:  Vigorous  political  engagement  intensified  with  the  new  U.S. 
administration.  Commissioner 
first 
videoconference  meeting  with  the  then  newly  appointed  Secretary  of  the  Department  of 
Homeland Security, Alejandro Mayorkas, on 23 February 2021, to underline the importance 
of  achieving  full  visa-waiver  reciprocity  and  of  cooperating  closely  to  achieve  progress 
towards this goal. 

for  Home  Affairs  Ylva  Johansson  used  her 

Following that meeting, Commissioner Johansson organised a series of meetings, in February 
and March 2021, with ministers from the four Member States concerned (relevant Ministers 
of  Foreign  Affairs  and/or  Interior)  to  discuss  a  way  forward  towards  achieving  full  visa 
reciprocity  with  the  U.S.13  At  the  respective  meetings,  Ministers  reiterated  their  overall 
commitment  to  working  jointly  in  a  constructive  and  positive  spirit,  in  close  coordination 
with the Commission and the U.S., to achieve full visa reciprocity as soon as possible. 

The  importance  of  the  issue  of  visa-waived  travel  was  highlighted  at  the  highest  political 
level  at  the  first  EU-U.S.  summit  under  the  new  U.S.  administration  that  took  place  on  15 
June 2021, with the  participation of the  new  U.S.  President Joe Biden, the  President of the 
European  Council  Charles  Michel,  and  the  President  of  the  European  Commission  Ursula 
von der Leyen. In the joint summit statement, the two sides “welcome progress made by the 

11   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 

12   Case reference C-137/21. 
13   Meetings  took  place  as  follows:  with  Croatian  Minister  for  the  Interior  Davor  Bozinovic  on  18  February 
2021;  with  Bulgarian  Minister  for  the  Interior  Hristo  Terziyski  on  26  February  2021  and  with  Bulgarian 
Minister  of  Foreign  Affairs  Ekaterina  Zaharieva  on  1  March  2021;  with  Romanian  Minister  of  Foreign 
Afairs  Bogdan  Aurescu  on  26  February  2021;  with  Cyprus  Minister  for  the  Interior  Nicos  Nouris  on  1 
March 2021.  

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U.S. and the EU towards additional EU Member States meeting the requirements necessary 
for  visa  free  travel  to  the  U.S.  and  intend  to  continue  our  dialogue  towards  visa  waiver 
travel”.14 

Tripartite meeting (June 2021): A tripartite videoconference meeting, dedicated to the issue 
of visa reciprocity, took place on 9-10 June 2021. It brought together representatives from the 
U.S.,  the  Commission  and  the  Member  States  concerned  –  Bulgaria,  Croatia,  Cyprus  and 
Romania.  The  participants  discussed  progress  on  outstanding  U.S.  Visa  Waiver  Program 
security requirements and on visa refusal rates. During this meeting, all sides underlined their 
commitment to an active engagement to achieve visa-waiver reciprocity. 

Regarding  the  security  requirements,  during  the  tripartite  meeting  another  round  of 
discussions took place on the tailored work-plans provided by the U.S. authorities to each of 
the Member States concerned. All Member States were able to demonstrate further progress 
on  a  range  of  work-strands.  Nevertheless,  some  more  holistic  issues  remain  to  be  further 
addressed. The need to enhance the integrity of national passport issuing systems was raised 
again by the U.S. authorities, to a different degree, for each of the Member States concerned. 
Areas  of  particular  concern  included:  the  existence  of  investor  schemes  offering  expedited 
ways  to  citizenship,  cases  of  fraud  in  the  passport  offices,  various  issues  with  biometric 
management, and in cases of corruption in the public sector. 

As  part  of  the  tripartite  meeting,  the  Commission  services  delivered  a  presentation  on  the 
Schengen  evaluation  mechanism,  in  order  to  raise  the  U.S.  authorities’  awareness  of  the 
existence of EU rules and control mechanisms in that area. It was also an occasion to explain 
the  question  of  whether  a  Member  State  fully  applies  the  Schengen  acquis  and  why  the 
Schengen evaluations should be seen as separate from the visa-reciprocity debate. 

As  an  outcome  of  the  meeting,  all  Member  States  concerned  committed  to  continue 
addressing  the  suggested  actions  from  the  work-plans.  The  U.S.  committed  to  refining  the 
respective work-plans, if need be, in light of actions already taken.  

High-level  contacts  continued with  a visit  of Commissioner Johansson  to Washington  D.C. 
on  27  August  2021  and  2  September  2021,  where  a  series  of  meetings  were  held,  notably 
with the Secretary of Department of Homeland Security Alejandro Mayorkas and with Under 
Secretary  of  State  for  Civilian  Security,  Democracy,  and  Human  Rights  at  Department  of 
State Uzra Zeya. During the meetings, the need to achieve full visa reciprocity was reiterated 
and progress reviewed. 

EU-U.S.  Justice  and  Home  Affairs  Ministerial  meeting  (June  2021):  At  the  EU-U.S. 
Justice and Home Affairs Ministerial meeting held on 21-22 June 2021 in Lisbon, Portugal, 
both the Portuguese Presidency of the Council of the European Union and the Commission 
reiterated  the  importance  of  extending  the  U.S.  Visa  Waiver  Program  to  all  EU  Member 
States. While recalling the progress made, it was stressed that securing  visa waivers for the 

14   Link  to  the  summit  statementt:  https://www.consilium.europa.eu/en/press/press-releases/2021/06/15/eu-us-

summit-statement-towards-a-renewed-transatlantic-partnership/ 

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remaining  Member  States  remains  a  political  priority  for  both  sides.  The  joint  statement15 
issued  after  the  Ministerial  meeting  states  that  “the  United  States  and  the  European  Union 
welcomed  the  progress  made  by  the  four  EU  Member  States  that  have  not  yet  been 
designated  to  the  Visa  Waiver  Program  and  reiterated  their  willingness  to  pursue  ongoing 
efforts  in  the  context  of  the  tripartite  process  and  bilateral  discussions”.  In  addition,  Vice-
President  Schinas  and  Commissioner  Johansson  also  raised  the  issue  in  bilateral  meetings 
with Secretary of Department of Homeland Security Alejandro Mayorkas that took place in 
the margins of the Ministerial meeting. 

Tripartite  meeting  (December  2021):  Another  round  of  tripartite  meeting  took  place  on  8 
December  via  videoconference,  bringing  together  representatives  from  the  U.S.,  the 
Commission  and  the  Member  States  concerned.  Following  its  entry  into  the  Visa  Waiver 
Program, Croatia was invited to share lessons learned, underlining in particular the usefulness 
of  the  bespoke  work-plans  provided  by  the  U.S.  authorities  as  a  roadmap  for  progress. 
Regarding  the  outstanding  U.S.  Visa  Waiver  Program  security  requirements,  the  remaining 
three Member States were all able to demonstrate further progress on a range of work-strands 
from  their  respective  work-plans.  Nevertheless,  some  outstanding  more  holistic  issues 
remained.  In  order  to  reflect  progress  made,  the  U.S.  authorities  invited  the  three  Member 
States to provide updated replies to the U.S. questionnaire, as this will allow the U.S. to re-
evaluate the work-plans and identify targeted areas where progress is still needed in order to 
comply  with  the  U.S.  Visa  Waiver  Program  requirements.  On  visa  refusal  rates,  travel 
restrictions and low issuance numbers continue to negatively impact the figures. 

EU-U.S.  Justice  and  Home  Affairs  Ministerial  meeting  (December  2021):  Concluding  a 
year  of  continuous  diplomatic  contacts,  the  visa  reciprocity  issue  was  discussed  at  the  EU-
U.S.  Justice  and  Home  Affairs  Ministerial  meeting,  held  on  16  December  2021  in 
Washington D.C. The entry of Croatia into the U.S. Visa Waiver Program was welcomed as a 
demonstration that the tripartite process and close cooperation based on targeted work-plans 
can bring tangible results. All sides once again raised the importance of extending the U.S. 
Visa Waiver Program to all EU Member States. 

2.  U.S. Visa Waiver Program requirements and developments 

Visa refusal rate 

While the visa refusal rate for 2019 showed decreases for all four Member States concerned, 
visa  refusal  rates  for  the  2020  fiscal  year16  painted  a  different  picture.  Croatia’s  rate 
decreased from 4% to 2.69%, thus bringing it under the legally required 3% threshold. On the 
other  hand,  the  remaining  three  Member  States  recorded  increases.  After  consistently 
complying with the 3% refusal rate threshold for several years, Cyprus recorded an increase 
to 6.21%. For Bulgaria and Romania, which both recorded rates under 10% for the first time 
in  2019,  the  refusal  rates  for  2020  showed  increases:  10.14%  for  Romania  and  12.52%  for 

15   Link  to  the  joint  statement:  https://www.consilium.europa.eu/en/press/press-releases/2021/06/22/joint-eu-

us-statement-following-the-eu-us-justice-and-home-affairs-ministerial-meeting/ 

16   Refusal rates published by U.S. authorities are available here: 

https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY20.pdf 
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Bulgaria. This increase could be due to the statistical irregularities in a year characterised by 
widespread travel restrictions and low visa issuance numbers. 

Security requirements 

As  previously  reported,  Bulgaria,  Cyprus  and  Romania  have  signed  and  ratified  the 
Preventing and Combating Serious Crime Agreement (PCSC) with the U.S., and are working 
towards its full implementation. 

Work towards meeting the overall security requirements continues on the basis of the work 
plans which the U.S. authorities individually tailored for each Member State concerned (see 
section  II.1),  with  the  Commission  coordinating  and  exchanging  information  with  the 
Member States concerned in order to ensure appropriate follow up in the relevant areas. The 
next  tripartite  meeting,  planned  for  spring  2022  will  focus  on  assessing  progress  regarding 
actions identified in the work-plans. 

3.  Designation of Croatia into the U.S. Visa Waiver Program 

Following the numerous contacts with the U.S. on various levels both by the Commission and 
by Croatia, on 2 August 2021, the U.S. Secretary of State Antony Blinken nominated Croatia 
for entry into the Visa Waiver Program, and on 28 September 2021, after having certified that 
Croatia fulfils the necessary statutory and policy requirements, Homeland Security Secretary 
Mayorkas announced that Croatia was designated into the U.S. Visa Waiver Program. As of 
23 October 2021, Croatian nationals can travel to the U.S. for tourism or business purposes 
for up to 90 days without being required to obtain a U.S. visa for short stays.  

The Commission welcomes Croatia’s entry into the Visa Waiver Program, which is the result 
of an active diplomatic engagement and full cooperation from all sides that contributed to the 
fulfilment  by  Croatia  of  the  necessary  requirements  related  to  counterterrorism,  law 
enforcement, immigration enforcement, document security, border management as well as to 
achieving  a  rate  of  non-immigrant  visa  refusals  below  three  percent.  This  approach  was 
instrumental for resolving previous non-reciprocity cases, such as the case of Poland, whose 
nationals have been able to benefit from visa-free travel to the U.S. since 11 November 2019. 
The results achieved provide a clear demonstration that tangible progress in this regard can be 
achieved through continued engagement and diplomatic contacts. 

4.  Judicial action by the European Parliament against the Commission 

The  European  Parliament  referred  the  Commission  to  the  Court  of  Justice  of  the  EU  by 
bringing an action for failure to act on 4 March 2021.17 

According to the Parliament, the Commission is under an obligation to adopt a delegated act 
temporarily  suspending  the  exemption  from  the  visa  requirement  for  nationals  of  third 
countries  which  have  not  lifted  the  visa  requirement  for  citizens  of  certain  Member  States, 
pursuant  to  Article  7  of  Regulation  2018/1806.  By  resolution  of  22  October  202018,  the 

17   Case reference C-137/21. 
18   P9_TA(2020)0283. 

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Parliament called on the Commission to adopt the act in question by 22 December 2020 at the 
latest. The Commission responded to the Parliament’s call for action by defining its position 
in the Communication of 22 December 2020. Nevertheless, the Parliament decided to bring 
an action for failure to act under Article 265 TFEU. 

The  Commission  will  present  its  position  on  the  pending  case  in  Court  and  remains  fully 
committed  to  the  ongoing  results-oriented  process  with  the  U.S.,  in  coordination  with 
Bulgaria  Cyprus  and  Romania,  as  well  as  the  European  Parliament  and  the  Council,  to 
advance towards full visa reciprocity. 

5.  Current state of EU-U.S. bilateral relations 

The EU-U.S. summit of 15 June 2021 not only reaffirmed the importance of the issue of visa-
waived  travel  at  the  highest  political  level,  but  also  injected  new  momentum  into  the 
transatlantic  partnership,  endorsing  a  renewed  Transatlantic  Agenda  for  the  post-pandemic 
era and announcing a number of joint actions and new initiatives. These address notably, but 
not exclusively, the COVID-19 pandemic; trade and technology issues; climate, environment 
and energy; as well as foreign policy and security. Good progress has been made since then, 
in  particular  in  the  area  of  trade  and  technology,  climate,  as  well  as  in  terms  of  joined  up 
efforts to fight the pandemic and address pressing global issues and foreign policy challenges. 
This illustrates the general positive developments in a range of sectors with the U.S. People-
to-people  contacts  are  a  significant  part  of  the  EU-U.S.  strategic  partnership  and  current 
cooperation frameworks. In order to enable all EU citizens to benefit seamlessly from people-
to-people  contacts,  achieving  full  visa  reciprocity  with  the  U.S.  for  all  its  Member  States 
remains a priority for the European Union. 

III. NEXT STEPS AND CONCLUSIONS 

The  Commission  reiterates  its  intention  to  continue  supporting  actively  the  three  Member 
States  concerned  in  order  to  help  them  fulfil  the  requirements  of  the  U.S.  Visa  Waiver 
Program. Upcoming meetings, both technical and political (in tripartite and bilateral formats), 
will  provide  opportunities  to  maintain  the  momentum  following  not  only  the  admission  of 
Croatia to the U.S Visa Waiver Programme, but also the general positive developments in a 
range  of  sectors  with  the  U.S.  in  general.  The  next  regular  tripartite  meeting,  planned  for 
spring 2022, will take forward the technical  work based on the work-plans provided by the 
U.S. to each of the remaining Member States, allowing these States to reach compliance with 
the U.S. Visa Waiver Program security requirements. 

Considering the progress made with the U.S with regard to the  entry of Poland and Croatia 
into the U.S. Visa Waiver Program, as well as the continued progress made by the remaining 
three Member States, the Commission  remains of the view that  temporarily suspending the 
visa  waiver  for  U.S.  citizens  would  be  counterproductive.  Furthermore,  the  COVID-19 
pandemic  triggered  an  extraordinary  context  that  has  negatively  impacted  travel  and  the 
overall  implementation  of  visa  policies  worldwide.  Whilst  the  situation  is  improving,  the 
impact  on  travel  is  not  yet  over,  and  a  temporary  suspension  risks  being  particularly 
damaging for overall transatlantic economic activity. 

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Furthermore,  such  a  suspension  would  have  far-reaching  negative  political,  economic, 
financial,  social  and  other  impacts  for  the  Member  States,  as  well  as  for  citizens  and 
businesses on both sides of the Atlantic. It would not serve to achieve the objective of visa-
free travel for all EU citizens to the U.S., and may endanger visa-free travel to the U.S. for all 
other EU citizens, if the U.S. would follow up on indications repeatedly given that the mere 
adoption by the Commission of a delegated act on the suspension of the visa waiver for U.S. 
citizens would immediately result in the U.S. adopting retaliatory measures, reintroducing a 
visa requirement for all EU citizens. The results achieved with the recent inclusion of Croatia 
in  the  U.S.  Visa  Waiver  Programme  show  that  tangible  progress  towards  full  visa  waiver 
reciprocity can be achieved through continued engagement and joint diplomatic contacts. 

In implementing the visa reciprocity mechanism, the Commission must take into account the 
outcome of the measures taken by the Commission and the Member States and the possible 
consequences  for  the  external  relations  of  the  EU  and  its  Member  States.  The  Commission 
has  therefore  assessed  the  positive  results  of  the  actions  undertaken  at  EU  and  at  national 
level,  notably  the  fact  that  Croatia  and  Poland  achieved  visa-free  access  in  2021  and  2019 
respectively, as well as the continued progress made by the other Member States concerned. 

The Commission has also examined the expected negative consequences of visa suspension 
in  a  wide  range  of  policy  areas  and  sectors,  as  well  the  adverse  effect  on  transatlantic 
cooperation and the EU’s external relations with a key strategic partner, against the backdrop 
of  a  renewed  momentum  and  general  positive  developments  in  a  range  of  sectors  with  the 
U.S.,  as  explained  above.  As  long  as  the  Commission  continues  to  see  sustained  progress 
through  its  engagement  with  the  U.S.,  it  considers  that  full  visa  reciprocity  for  all  EU 
nationals can be best achieved through continued diplomatic cooperation with the U.S., and 
in  close  coordination  with  the  Member  States  concerned.  The  U.S.  remains  strongly 
committed  to  such  continued  engagement,  notably  in  the  context  of  bilateral  high-level 
contacts as well as dedicated tripartite meetings, to achieve mutually beneficial goals. 

It should be noted that the Member States concerned agree to continue dialogue with a view 
to  achieving  results  with  the  U.S.  through  constructive  engagement  with  the  U.S.  and  that 
none of them has contacted the Commission about an adoption of a delegated act temporarily 
suspending the visa exemption for U.S. nationals. 

Against  this  background,  the  Commission  considers  that  the  adoption  of  a  delegated  act 
temporarily  suspending  the  exemption  from  the  visa  requirement  for  nationals  of  the  U.S. 
would  be  counterproductive  at  this  point  in  time  and  would  not  serve  the  objective  of 
attaining visa-free travel to the U.S. for all EU citizens. It would also negatively impact the 
EU’s  external  relations  with  a  key  strategic  partner,  at  a  time  of  general  positive 
developments in a range of sectors with the U.S. 

In  2022,  the  EU-U.S.  Justice  and  Home  Affairs  Senior  Officials’  meeting  followed  by  the 
EU-U.S. Justice and Home Affairs’ Ministerial meeting will further assess progress made. 

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The Commission remains committed to achieving full visa reciprocity for all Member States 
as a matter of priority. It will continue working with the U.S. and concerned Member States 
to advance towards full visa reciprocity. 

To this effect, 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  abreast  of  further  developments.  The  Commission  will  continue  regularly 
reporting on further developments. 

8