Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2018/1806, 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 (Kuwait, Qatar)
Date: 2022-04-27
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Kuwait, Qatar, Schengen Agreement, external border of the EU, foreign national

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   EUROPEAN COMMISSION  Brussels, 27.4.2022  COM(2022) 189 final 2022/0135 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2018/1806, 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  (Kuwait, Qatar) {SWD(2022) 129 final}  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

In the context of the strengthening of overall relations between the EU and the Gulf, the EU 
should  pursue  a  more  strategic  orientation  with  this  region  by  developing  a  stronger, 
comprehensive and multi-sector partnership.   Visa-free status  plays a key role in  promoting 
the  partnership  between  both  regions  by  facilitating  people-to-people  contacts  and 
strengthening  the  already  dense  political,  economic,  research,  educational,  cultural  and 
societal exchanges. In view of this, the EU will continue engaging with the Gulf countries that 
are interested in visa-free travel to the EU, in view of reaching full regional coherence in the 
future based on the criteria and the procedure established in Regulation (EU) 2018/18061. In 
light of the procedural steps taken thus far and a first assessment made, the presently proposed 
exemptions  from  the visa requirement  for nationals  of  Kuwait and Qatar are  a step towards 
stronger  regional  coherence  in  the  Gulf  region,  following  the  visa  exemption  granted  to  the 
United Arab Emirates in 2014 which has facilitated contacts with this country.  

Both Kuwait and Qatar have proven to be key partners for the EU in handling recent crises. 
Notable  examples  of  recent  cooperation  include  the  repatriation  of  EU  citizens  and 
vaccination efforts in the context of the COVID-19 pandemic, the evacuation of EU nationals 
via  Doha  following  the  Taliban’s  take-over  of  the  government  in  Afghanistan,  the  financial 
support and ‘good offices’ provided by Kuwait to facilitate humanitarian assistance during the 
war in Syria, as well as the efforts to tackle recent hybrid threats against Europe. In addition, 
Kuwait and Qatar are important economic partners for the Union, in particular in the area of 
energy and in view of the EU’s objectives to diversify its energy supplies2.   

The  third  countries  whose  nationals  are  exempt  from  the  visa  requirement  are  to  be 
determined  on  the  basis  of  a  case-by-case  assessment  of  a  variety  of  criteria  laid  down  in 
Article  1  of  Regulation  (EU)  2018/1806.  The  aforementioned  criteria  relate  inter  alia  to 
“illegal  immigration,  public  policy  and  security,  economic  benefit,  in  particular  in  terms  of 
tourism and foreign trade, and the Union’s external relations with the relevant third countries, 
including in particular, considerations of human rights and fundamental freedoms, as well as 
the implications of regional coherence and reciprocity”.  

Kuwait  and  Qatar  present  low  irregular  migration  risks,  are  increasing  cooperation  with  the 
EU on security matters and issue biometric passports, which is necessary for visa-free travel 
to  the  EU.  Kuwait  and  Qatar  are  important  economic  and  trading  partners  for  the  EU,  and 
vital partners for Europe in a post-COVID 19 context, as well as amid the Russian aggression 
against Ukraine and its consequences in the area of energy supplies and global mobilisation in 
support of the UN charter. A visa exemption for citizens from Kuwait and Qatar travelling to 
the  EU  would  benefit  the  EU  economy,  in  particular  the  tourism  industry.  Although 
challenges remain in the area of human rights and fundamental freedoms,  Kuwait and Qatar 

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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 (OJ L 303, 28.11.2018, p. 39) 
Communication from the Commission to the European Parliament, the European Council, the Council,  
the European Economic and Social Committee and the Committee of the Regions ‘Security of supply 
and affordable energy price’ of 23 March 2022 (COM/2022/138 final), 
https://energy.ec.europa.eu/communication-security-supply-and-affordable-energy-prices_en 

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have  been  undergoing  societal  transformation  processes  as  regards  women’s  rights,  labour 
rights, freedom of religion and interfaith dialogue. The prospect of sustainable visa-free travel 
is expected to reinforce positive trends in Kuwait and Qatar regarding progress and reforms in 
these areas.  

As  regards  regional  coherence,  the  continued  engagement  with  the  other  remaining  visa-
required  Gulf  countries  in  the  coming  months,  with  a  view  to  ultimately  achieving  visa 
exemption with the EU for all GCC countries, could also encourage similar positive reforms. 
In this regard, the Commission will  shortly  launch technical  discussions  with  these partners 
on  the  fulfilment  of  criteria  for  visa  exemption  under  the  Visa  Regulation.    In  addition,  the 
adoption of more favourable rules concerning the issuance of multiple-entry visas with a long 
validity (valid for up to  5 years)  with these partners will be pursued within local Schengen 
cooperation,  in  accordance  with  Article  24(2)  of  Regulation  810/2009  establishing  a 
Community  Code  on  Visas,  as  amended  by  Regulation  2019/1155.  The  proposal  on 
digitalising  the  procedure  for  issuing  Schengen  visas  will  make  the  visa  procedure  largely 
paperless and contactless, and thereby more timesaving and cost-efficient for applicants. 

The  Commission  is  proposing  to  amend  Regulation  (EC)  2018/1806  to  exempt  nationals  of 
Kuwait  and  Qatar  from  the  requirement  to  be  in  possession  of  a  visa  when  crossing  the 
external  borders  of  the  Member  States  for  stays  of  no  more  than  90  days  in  any  180-day 
period.  

• 

Consistency with existing policy provisions in the policy area 

Regulation (EU) 2018/1806 lists the third countries whose nationals must be in possession of 
a visa when crossing the external borders of the Member States and those whose nationals are 
exempt from that requirement. Regulation (EU) 2018/1806 is applied by all Member States – 
with the exception of Ireland – and also by Iceland, Liechtenstein, Norway and Switzerland. 
The Regulation is part of the EU’s common visa policy for short stays of 90 days in any 180-
day period. 

Kuwait  and  Qatar  are  currently  listed  in  Annex  I  of  Regulation  (EU)  2018/1806  among  the 
third countries whose nationals are required to be in possession of a visa when crossing the 
external  borders  of  the  Member  States.  Thorough  checks  of  all  travellers  against  relevant 
databases at the external borders should be carried out3. 

The composition of the lists of third countries in Annex I and II should be, and should remain, 
consistent  with  the  criteria  laid  down  in  Article  1  of  Regulation  (EU)  2018/18064,  which 
relate  inter  alia  to  ‘illegal  immigration,  public  policy  and  security,  economic  benefit,  in 
particular in  terms  of tourism  and foreign trade, and the Union’s  external  relations  with  the 
relevant  third  countries,  including  in  particular,  considerations  of  human  rights  and 
fundamental freedoms, as well as the implications of regional coherence and reciprocity’.  

Following  the  application  of  the  proposed  exemption  from  the  visa  requirement,  the 
reciprocity and suspension mechanisms of Regulation (EU) 2018/1806 can be applied in case 
full  visa  reciprocity  is  not  ensured  or  if  the  visa-free  regime  is  abused  or  in  case  of  abuse 

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Article 8 par.3 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 
2016  on  a  Union  Code  on  the  rules  governing  the  movement  of  persons  across  borders  (Schengen 
Borders Code) as amended by Regulation (EU) 2017/458 of the European Parliament and of the  
Council of 15 March 2017, OJ L 74 18.3.2017 p.1 
Recital 4 of Regulation (EU) 2018/1806. 

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resulting from the exemption from the visa requirement5. A visa waiver agreement, which will 
include  safeguards  in  relation  to  the  criteria  of  Regulation  (EU)  2018/1806  having  justified 
the visa exemption will have to be concluded between each of the two countries and the EU to 
make the exemption effective.  

• 

Consistency with other Union policies 

The proposed exemption  from  the visa requirement for Kuwait and Qatar is  consistent with 
the  EU  efforts  to  pursue  a  stronger,  more  strategic,  comprehensive  and  multi-sector 
partnership with the Gulf region. A Joint Communication on a strategic partnership with the 
Gulf is to be adopted to this aim. 

The  EU  Entry/Exit  System  (EES),  which  is  planned  to  enter  into  operation  in  September 
2022,  will  contribute  to  ensuring  a  lawful  use  of  the  visa  exemption  by  third  country 
nationals.  In addition,  the European Travel  Information  and Authorisation  System (ETIAS), 
which  is  planned  to  start  operating  in  May  2023,  will  allow  for  the  pre-travel  screening  for 
visa-free third country nationals, effectively contributing to maintaining and strengthening the 
security of the Schengen Area. 

.2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis for the proposal is point (a) of Article 77(2) of the Treaty on the Functioning 
of the European Union (TFEU). The proposed regulation will constitute a development of the 
Schengen acquis. 

• 

Subsidiarity, proportionality and choice of the instrument  

The  necessary  amendment  to  Regulation  (EU)  No 2018/1806  is  to  be  done  by  means  of  a 
regulation.  Member  States  cannot  act  individually  to  achieve  the  policy  objective.  No  other 
(non-legislative) options to achieve the policy objective are available. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

Discussions  with  Member States on the possibility of  a revision of the EU lists of visa-free 
and visa-required countries, as well as on the methodology and scope of such revision, have 
taken  place  at  the  Visa  Working  Party.  The  requirements  for  the  EU  visa  exemption  have 
been  discussed  with  the  countries  concerned  and  both  have  stated  their  interest  in  securing 
visa-free travel to the EU on various occasions. 

• 

Fundamental rights 

This  proposal  has  no  negative  consequences  for  the  protection  of  fundamental  rights  in  the 
European Union.  

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Articles 7 and 8 of Regulation (EU) 2018/1806, respectively. 

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4. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The proposed Regulation will be directly applicable from the date of its entry into force. The 
exemption  from  the  visa  requirement  will  apply  from  the  date  of  entry  into  force  of  an 
agreement on visa exemption to be concluded between the European Union and  Kuwait and 
Qatar. The Commission will continue to monitor closely the fulfilment of the requirements of 
Article  1  of  Regulation  (EU)  2018/1806  after  the  entry  into  force  of  the  visa  waiver 
agreements.  

• 

Detailed explanation of the specific provisions of the proposal 

It is proposed to amend Regulation (EU) 2018/1806 by, transferring  Kuwait and Qatar from 
Annex I (list of third countries whose nationals are required to be in possession of a visa when 
crossing the external borders of the member states) to Annex II (list of third countries whose 
nationals  are  exempt  from  the  requirement  to  be  in  possession  of  a  visa  when  crossing  the 
external  borders  of  the  member  states  for  stays  of  no  more  than  90  days  in  any  180-day 
period). 

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2022/0135 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2018/1806, 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 

(Kuwait, Qatar) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 77(2), point (a) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Regulation  (EU) 2018/1806 of the European Parliament and of the Council6 lists the 
third  countries  whose  nationals  must  be  in  possession  of  a  visa  when  crossing  the 
external borders of the Member States and those whose nationals are exempt from that 
requirement.  

The  third  countries  whose  nationals  are  exempt  from  the  visa  requirement  are 
determined on the basis of a case-by-case assessment of a variety of criteria laid down 
in Article 1 of Regulation (EU) 2018/1806. Those criteria relate, inter alia, to “illegal 
immigration,  public  policy  and  security,  economic  benefit,  in  particular  in  terms  of 
tourism  and  foreign  trade,  and  the  Union’s  external  relations  with  the  relevant  third 
countries,  including  in  particular,  considerations  of  human  rights  and  fundamental 
freedoms, as well as the implications of regional coherence and reciprocity”. 

Kuwait  and  Qatar  present  low  risks  of  irregular  migration  to  the  Union  and  issue 
biometric  passports  in  line  with  standards  of  the  International  Civil  Aviation 
Organisation. Security cooperation with those countries has intensified in recent years. 
As regards economic interests, Kuwait and Qatar are important economic partners for 
the Union, in particular in the area of energy. Although challenges remain in the area 
of human rights and fundamental freedoms, Kuwait and Qatar have undergone societal 
transformations  and  improvements  regarding  women’s  rights,  labour  rights  and 
freedom  of  religion  and  interfaith  dialogue  and  are  expected  to  continue  making 
progress  and  reforms.  The  long-term  benefits  of  visa-free  travel  to  the  EU  can 
reinforce positive trends in these areas. 

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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, OJ L 303, 28.11.2018, p. 39–58 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Consequently,  nationals  of  those  countries  should  be  exempt  from  the  visa 
requirement for stays of no more than 90 days in any 180-day period, and references to 
those countries should be transferred to Annex II to Regulation (EU) 2018/1806. 

The exemption from the visa requirement for nationals of Kuwait and Qatar is without 
prejudice to the application of EU restrictive measures adopted on the basis of Article 
29 TEU and Article 215 TFEU.  

The exemption from the visa requirement for nationals of Kuwait and Qatar should not 
apply  until  bilateral  agreements  on  visa  waiver  between  the  Union  and  Kuwait  and 
Qatar have been concluded, in order notably to ensure full reciprocity is maintained. 

Regulation (EU) 2018/1806 should therefore be amended accordingly, 

This  Regulation  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC7. 
Ireland is therefore not taking part in the adoption of this Regulation and is not bound 
by it or subject to its application.  

As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of 
provisions of the Schengen acquis within the meaning of the Agreement concluded by 
the Council of the European Union and the Republic of Iceland and the Kingdom of 
Norway  concerning  the  association  of  those  two  States  with  the  implementation, 
application  and  development  of  the  Schengen  acquis,  which  fall  within  the  area 
referred to in point B of Article 1, of Council Decision 1999/437/EC8. 

(10)  As regards Switzerland, this Regulation constitutes a development of the provisions of 
the  Schengen  acquis  within  the  meaning  of  the  Agreement  between  the  European 
Union,  the  European  Community  and  the  Swiss  Confederation  on  the  Swiss 
Confederation's association with the implementation, application and development of 
the Schengen acquis, which fall within the area referred to in point B of Article 1, of 
Decision  1999/437/EC,  read  in  conjunction  with  Article  3  of  Council  Decision 
2008/146/EC9. 

(11)  As regards Liechtenstein, this Regulation constitutes a development of the provisions 
of  the  Schengen  acquis  within  the  meaning  of  the  Protocol  signed  between  the 
European  Union,  the  European  Community,  the  Swiss  Confederation  and  the 
Principality  of  Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to 
the Agreement between the European Union, the European Community and the Swiss 
Confederation  on  the  Swiss  Confederation's  association  with  the  implementation, 
application  and  development  of  the  Schengen  acquis,  which  fall  within  the  area 
referred to in point B of Article 1, of Decision 1999/437/EC read in conjunction with 
Article 3 of Council Decision 2011/350/EU10, 

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Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to  take part in some 
of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20). 
Council  Decision  1999/437/EC  of  17  May  1999  on  certain  arrangements  for  the  application  of  the 
Agreement  concluded  by  the  Council  of  the  European  Union  and  the  Republic  of  Iceland  and  the 
Kingdom  of  Norway  concerning  the  association  of  those  two  States  with  the  implementation, 
application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31). 
Council  Decision  2008/146/EC  of  28  January  2008  on  the  conclusion,  on  behalf  of  the  European 
Community, of the Agreement between the European Union, the European Community and the Swiss 
Confederation  on  the  Swiss  Confederation's  association  with  the  implementation,  application  and 
development of the Schengen acquis, OJ L 53, 27.2.2008, p. 1. 
Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 
of the Protocol between the European Union, the European Community, the Swiss Confederation and 

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(12)  This  Regulation  constitutes  an  act  building  upon,  or  otherwise  relating  to,  the 
Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of 
Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act 
of Accession. 

HAVE ADOPTED THIS REGULATION: 

Regulation (EU) 2018/1806 is amended as follows: 

Article 1 

(a)  in  point  1  of  Annex  I,  (“STATES”)  the  references  to  Kuwait  and  Qatar  are 
deleted. 

(b) in Annex II, Point 1 (“STATES”),  is amended as follows: 

(i) 

between the references to … and to …., the following reference is inserted : 

 “Kuwait (*)(**)” 

(*) The exemption from the visa requirement shall apply from the date of entry into force of 
an agreement on visa exemption to be concluded with the European Union. 

(**)  The  exemption  from  the  visa  requirement  shall  only  apply  to  holders  of  biometric 
passports  issued  in  line  with  the  standards  of  the  International  Civil  Aviation  Organisation 
(ICAO).’ 

(ii)  between the references to … and to …., the following reference is inserted : 

“Qatar (*)(**)” 

(*) The exemption from the visa requirement shall apply from the date of entry into force of 
an agreement on visa exemption to be concluded with the European Union. 

(**)  The  exemption  from  the  visa  requirement  shall  only  apply  to  holders  of  biometric 
passports  issued  ’in  line  with  the  standards  of  the  International  Civil  Aviation  Organisation 
(ICAO). 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 2 

the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement 
between  the  European  Union,  the  European  Community  and  the  Swiss  Confederation  on  the  Swiss 
Confederation’s  association  with  the  implementation,  application  and  development  of  the  Schengen 
acquis,  relating  to  the  abolition  of  checks  at  internal  borders  and  movement  of  persons,  OJ  L  160, 
18.6.2011, p. 19. 

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This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaties. 

Done at Brussels, 

For the European Parliament 

For the Council 

The President 

The President 

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