Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2018/1806 as regards the revision of the suspension mechanism
Date: 2023-10-18
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Schengen Agreement, external border of the EU, foreign national, third country

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   EUROPEAN COMMISSION  Brussels, 18.10.2023  COM(2023) 642 final 2023/0371 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2018/1806 as regards the revision of the suspension mechanism   
 
EXPLANATORY MEMORANDUM 

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CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Visa-free travel brings significant benefits for the EU and partners around the globe. It makes 
travel  more  convenient  and  is  an  important  tool  to  promote  people-to-people  contacts, 
tourism,  economic  development  and  cultural  exchange.  The  EU  currently  has  a  visa-free 
regime in place with 60 third countries1. Under this regime, nationals from these countries can 
enter the Schengen area for short stays of up to 90 days in any 180-day period without a visa. 
The EU’s visa-free policy is based on the principle of visa reciprocity. 

Visa-free  travel  brings  key  benefits  for  citizens  on  both  sides,  strengthening  further  the  EU 
relations with its partners. It boosts the travel and tourism sector, which, according to OECD 
estimates, accounted for around 7% of global exports in 20192 and contributed around 4.4% 
of GDP of OECD countries.3 Visa-free travel also promotes cultural and academic exchanges. 
It also fosters diplomatic relations and international cooperation, leading to increased political 
interactions  in  different  areas  ranging  from  trade  and  economic  cooperation,  security, 
innovation and technology. 

The number of travellers between the EU and visa-free non-EU countries in 2019 was 364.8 
million. This represents a 7% increase from 2018.4 

At the same time, the Commission’s monitoring of the EU’s visa-free regimes, including its 
reports under the Visa Suspension Mechanism5, has shown that visa-free travel can also be the 
source of significant migration and security challenges. 

Visa-free  travel  can  result  in  increased  irregular  migration  through  overstays  by  visa-free 
travellers or through asylum applications lodged in high numbers by nationals from visa-free 
third  countries  with  low  recognition  rates  (unfounded  asylum  applications).  Furthermore,  in 
some  cases  insufficient  visa  alignment  with  the EU  visa  policy  can  turn a  visa-free  country 
into a transit hub for irregular entry to the EU.  

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As listed in Annex II 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,  OJ  L  303 
28.11.2018, p. 39. In addition, nationals from two special administrative regions of China (Hong Kong 
and  Macao)  and  one  territorial  authority  that  is  not  recognised  as  a  state  by  at  least  one  EU  member 
state (Taiwan) and, at the latest by 1 January 2024, Kosovo*, are also visa exempted.  
The year 2019 is the last representative reference year before the travel restrictions due to Covid-19. 
Safe-and-seamless-travel-and-improved-traveller-experience-OECDReport-for-the-G20-
TWG_merged.pdf  
The  top  5  EU  destinations  for  travellers  from  visa-free  non-EU  countries  in  2019  were:  Spain  (61.1 
million), France (54.7 million), Italy (51.1 million), Germany (49.2 million), Greece (25.8 million). 
Article  8(4)  of  Regulation  (EU)  2018/1806  requires  the  Commission  to  monitor  the  continuous 
compliance with the specific requirements, which are based on Article 1 and which were used to assess 
the  appropriateness  of  granting  visa  liberalisation,  by  the  third  countries  whose  nationals  have  been 
exempted from the visa requirement when travelling to the territory of Member States as a result of the 
successful  conclusion  of  a  visa  liberalisation  dialogue  conducted  between  the  Union  and  that  third 
country. To this end, since 2017 the Commission has adopted five reports under the Visa Suspension 
Mechanism, covering the visa-free partners in the Western Balkans (Albania, Bosnia and Herzegovina, 
Montenegro,  North  Macedonia  and  Serbia)  and  in  the  Eastern  Partnership  (Georgia,  Moldova,  and 
Ukraine). Furthermore, the Commission regularly monitors visa-free regimes with other third countries, 
in the context of the possibility to trigger the suspension mechanism on its own initiative, as per Article 
8(3) of Regulation (EU) 2018/1806. 

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In addition, investor citizenship schemes operated by third countries with visa-free access to 
the EU can result in  risks or threats  to  the public policy or internal  security  of the Member 
States,  including  those  related  to  infiltration  of  organised  crime,  money-laundering,  tax 
evasion  and  corruption.  Investor  citizenship  schemes  aim  to  attract  investment  by  granting 
investors from third countries citizenship rights of the country concerned, under less stringent 
conditions  than  under  ordinary  naturalisation  regimes6.  Where  third-country  nationals  that 
would otherwise be visa-required for the EU acquire citizenship of a visa-free country thanks 
to  such  schemes,  they  can  use  them  to  bypass  the  regular  short-stay  visa  procedure  and  the 
assessment of migration and security risks it entails.  

The security and the external borders of the Member States have been profoundly impacted 
by recent geopolitical events, demonstrating that foreign interference may pose serious threats 
to the Member States’ security. In October 2021, the European Council adopted conclusions7 
inviting  the  Commission  to  propose  changes  to  the  EU  legal  framework  to  ensure  an 
appropriate response to hybrid attacks. The visa suspension mechanism would be part of the 
EU’s toolbox to respond to hybrid threats, such as the state-sponsored instrumentalisation of 
migrants. 
The suspension mechanism, established in Regulation (EU) 2018/18068, is a safeguard against 
the  abuse  of  visa-free  travel.  This  mechanism  enables  the  temporary  suspension  of  the  visa 
exemption in case of a sudden and substantial increase in irregular migration or security risks.  
However,  with  increasing  challenges  resulting  from  irregular  migration,  and  threats  to  the 
secruity of the EU, it became clear that this mechanism needed to be further strengthened and 
improved.  

Therefore, on 20 March 2023, in her letter to the European Council, President von der Leyen 
proposed that ‘the Commission will strengthen its monitoring of the visa policy alignment and 
will present a comprehensive report paving the way for a legislative proposal amending the 
visa  suspension  mechanism’.  Therefore,  on  30  May  2023,  the  Commission  adopted  a 
Communication  on  the  monitoring  of  the  EU’s  visa-free  travel  regimes9  setting  out  a 
consultation  process.  The  Communication  looked  at  the  functioning  of  the  EU’s  visa-free 
regimes and identified the main challenges in the areas of irregular migration and security.  

In order to effectively address the multitude of challenges resulting from visa-free travel in a 
constantly  evolving  geopolitical  context  and  taking  into  account  the  consultation  with  the 
European Parliament, Member States and other stakeholders, this proposal aims to adapt the 
suspension  mechanism  to  such  challenges,  by  amending  the  relevant  provisions  set  out  in 
Article 8 of Regulation (EU) 2018/1806.  

The mechanism for suspension of visa-free travel 

Regulation  (EU)  2018/1806  provides  for  full  harmonisation  as  regards  the  third  countries 
whose nationals are subject to a requirement to be in possession of a visa for the crossing of 
Member States’ external borders (also referred to herein as ‘the visa requirement’) and those 

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Report  From  the  Commission  to  the  European  Parliament,  the  Council,  the  European  Economic  and 
Social Committee and the Committee of the Regions on Investor Citizenship and Residence Schemes in 
the European Union, COM(2019) 12 final. 
European Council meeting (21 and 22 October 2021) – Conclusions. 
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. 
COM/2023/297 final. 

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whose  nationals  are  exempt  from  that  requirement.  It  also  provides  for  the  possibility  of 
suspending  temporarily  the  exemption  from  the  visa  requirement  (hereinafter  referred  to  as 
the ‘suspension mechanism’).  
This suspension mechanism was first introduced in 201310 with the main purpose to enable a 
temporary  suspension  of  the  visa  exemption  in  case  of  a  sudden  and  substantial  increase  in 
irregular migration. The mechanism was  subsequently revised in 201711 by making it easier 
for Member States to notify circumstances leading to a possible suspension and by enabling 
the Commission to trigger the suspension mechanism on its own initiative. 

At present, based on Article 8(2), (3) and (4) of Regulation (EU) 2018/1806, the suspension 
mechanism can be triggered in the event of: 

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A substantial increase (i.e. an increase exceeding a threshold of 50 %) in the number 
of nationals of the third country concerned refused entry or found to be staying in the 
Member State’s territory without the right to do so;  

A  substantial  increase  (i.e.  an  increase  exceeding  a  threshold  of  50  %)  of  asylum 
applications  from  the  nationals  of  the  third  country  concerned  for  which  the 
recognition rate is low;  

A decrease of cooperation on readmission with the third country concerned; 

An increased risk or imminent threat to the public policy or internal security of the 
Member States, in particular a substantial increase in serious criminal offences linked 
to the nationals of the third country concerned; 

With regard to the third countries that obtained visa exemption as a result of a visa 
liberalisation  dialogue,  the  non-compliance  with  the  specific  requirements  which 
were used to assess the appropriateness of granting visa liberalisation. 

To trigger the suspension procedure, the Commission  must inform  the European Parliament 
and  the  Council,  either  following  the  examination  of  a  notification  from  Member  States,  or 
following its own analysis, and subsequently may decide that action is needed and trigger the 
mechanism. The triggering of the suspension procedure is done automatically where a simple 
majority of Member States notifies the Commission regarding the existence of one or more of 
the above circumstances. 

The suspension procedure consists of three phases:  

(1) 

(2) 

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The suspension  of the visa exemption  has an initial duration of nine months  and is 
decided  by  a  Commission  implementing  act.  During  the  suspension  period,  the 
Commission should establish an enhanced dialogue with the third country concerned 
with a view to remedying the circumstances in question. 

Where the circumstances that led to the suspension persist, the suspension should be 
prolonged by an additional 18 months by a delegated act.  

Regulation (EU) No 1289/2013 of the European Parliament and of the Council of 11 December 2013 
amending 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, OJ L 347, 20.12.2013, p. 74–80. 
Regulation (EU) 2017/371 of the European Parliament and of the Council of 1 March 2017 amending 
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 
(revision of the suspension mechanism), OJ L 61, 8.3.2017, p. 1–6. 

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(3) 

Where no solution is found before the end of phase 2, the Commission can propose 
the permanent termination of the visa exemption and the transfer of the third country 
from  Annex  II  to  Annex  I  of  Regulation  (EU)  2018/1806,  by  ordinary  legislative 
procedure.  

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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.  It  is  also  applied  by  Iceland,  Liechtenstein,  Norway  and 
Switzerland. The Regulation is part of the EU’s common visa policy for short stays of up to 
90 days in any 180-day period. 

The amendment is consistent with the most recent major developments in the field of visa and 
border policy, the aim of which is to reinforce the security of the Schengen area: 

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The recently revised Visa Information System (VIS) Regulation12, which will allow 
more  thorough  background  checks  on  visa  applicants,  close  security  information 
gaps  through  better  information  exchange  between  Member  States,  and  better 
combatting abduction and trafficking of children by lowering the fingerprinting age 
for  minors.  It  will  also  broaden  the  Visa  Information  System  to  include  long-stay 
visas and residence permits. 
The European Travel Information and Authorisation System (ETIAS)13, which is part 
of the Smart Border and interoperability framework and introduces an online travel 
authorisation for third-country nationals who do not require a visa.  
The  Entry-Exit  System  (EES)14,  which  will  require  every  traveller  visiting  the 
Schengen  area  for  short  stays  to  record  their  entry  and  exit  at  the  external  border 
crossing points allowing for the detection of overstayers. 

The  second-generation  Schengen  Information  System  (SIS  II),  which  allows 
information  exchanges  between  national  border  control,  customs  and  police 
authorities, ensuring that the free movement of people within the EU can take place 
in a safe environment15.  

Regulation  (EC)  No  767/2008  concerning  the  visa  information  system  and  the  exchange  of  data 
between Member States on short-stay visas (VIS regulation). 
Regulation  (EU)  2018/1240  of  the  European  Parliament  and  of  the  Council  of  12  September  2018 
establishing  a  European  Travel  Information  and  Authorisation  System  (ETIAS)  and  amending 
Regulations  (EU)  No  1077/2011,  (EU)  No  515/2014,  (EU)  2016/399,  (EU)  2016/1624  and  (EU) 
2017/2226. 
Regulation  (EU)  2017/2226  of  the  European  Parliament  and  of  the  Council  of  30  November  2017 
establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-
country nationals crossing the external borders of the Member States and determining the conditions for 
access  to  the  EES  for  law  enforcement  purposes,  and  amending  the  Convention  implementing  the 
Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011. 
Regulation  (EU)  2018/1860  on  the  use  of  the  Schengen  Information  System  (SIS)  for  the  return  of 
illegally  staying  third-country  nationals;  Regulation  (EU)  2018/1861  on  the  establishment,  operation 
and  use  of  the  SIS  in  the  field  of  border  checks,  and  amending  the  Convention  implementing  the 
Schengen Agreement; Regulation (EU) 2018/1862 on the establishment, operation and use of the SIS in 
the field of police cooperation and judicial cooperation in criminal matters. 

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• 

Consistency with other Union policies 

This initiative is consistent with the EU migration, border management and security policies, 
as its main objective is to address security and irregular migration risks for the Schengen area.  

In particular, the proposed revision of the suspension mechanism will contribute to promoting 
the  EU’s  objectives  in  the  areas  of  migration  and  security  by  countering  possible  abuses 
linked  to  visa-free  travel,  which  pose  a  number  of  risks  for  the  Member  States,  in  terms  of 
irregular migration, public policy and security. 

This  initiative  is  consistent  with  the  EU’s  external  relations  (including  considerations  of 
human rights and fundamental freedoms) and in particular its enlargement policy, as regards 
visa-free third countries with accession prospects. 

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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), which empowers the Union to develop measures concerning 
the common policy on visas and other short-stay residence permits. The proposed amending 
regulation will constitute a development of the Schengen acquis. 

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Subsidiarity (for non-exclusive competence)  

The suspension mechanism laid down in Regulation (EU) 2018/1806 is an integral part of the 
EU’s  common  visa  policy.  The  objective  of  strengthening  that  mechanism  can  only  be 
achieved  by  action  at  Union  level,  namely  by  an  amendment  to  the  Regulation.  Member 
States cannot act individually to achieve the policy objective. 

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Proportionality 

According to the principle of proportionality laid down in Article 5(4) TEU, there is a need to 
match  the  nature  and  intensity  of  a  given  measure  to  the  identified  problem.  All  the  issues 
addressed  in  this  legislative  initiative  call  for  EU-level  legislative  action  enabling  Member 
States to tackle these problems effectively. 

The main purpose  of this proposal  is  to  make the suspension mechanism better equipped to 
respond swiftly and decisively to emerging challenges in the area of irregular migration and 
security arising from visa-free third countries, and to counter any abuses of visa-free travel.  

At  the  same  time,  the  suspension  mechanism  should  remain  a  mechanism  of  last  resort, 
without any automaticity, and any decision in this regard should continue to take due account 
of  the  overall  relations  between  the  EU  and  the  third  countries  concerned  as  well  as  the 
overall political context. 

The proposed amendments would not go beyond what is necessary to achieve the objectives 
explained in the previous sections. 

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Choice of the instrument 

The  objectives  of  this  proposal  can  only  be  achieved  by  a  legislative  act  that  modifies  the 
existing  suspension  mechanism.  Therefore,  a  regulation  amending  Regulation  (EU) 
2018/1806 is needed.  

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3. 

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RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

The  suspension  mechanism  established  in  Regulation  (EU)  2018/1806  has  been  triggered 
twice: the first time in May 2019, following a notification from a Member State reporting an 
increase in unfounded asylum applications and serious criminal offences by the nationals of a 
visa-free  third  country;  the  second  time  in  2022,  following  an  analysis  of  the  Commission, 
which  led  to  the  temporary  suspension  of  the  visa  exemption  for  a  third  country  due  to  the 
operation of an investor citizenship scheme, which constituted an increased risk to the internal 
security and public policy of the Member States. 

The notification to  the Commission made by a Member State in  May 2019 showed that the 
thresholds for triggering the suspension mechanism could not be reached despite the reported 
increase in unfounded asylum applications and serious criminal offences by the nationals of a 
visa-free  country  registered  in  that  Member  State.  While  the  Commission’s  assessment 
concluded  that  the  conditions  to  trigger  the  mechanism  were  not  met  in  that  circumstance, 
several Member States in the Council discussions considered that these thresholds should be 
set at a lower level. 

As  required  by  Articles  9(2)  and  10(3)  of  Regulation  (EU)  2018/1806,  in  2021  the 
Commission presented a report on the effectiveness of the suspension mechanism and on the 
delegation  of  power  under  such  mechanism16.  The  report  concluded  that,  even  though  the 
mechanism  had  not  resulted  in  the  suspension  of  any  visa  exemption,  its  existence  had 
prompted important reforms in visa-free third countries in the area of migration management, 
security, rule of law and human rights.  

In  2022,  the  triggering  of  the  mechanism  led  for  the  first  time  to  the  suspension  of  a  visa 
exemption  for  a  third  country17.  This  experience  highlighted  in  practice  the  difficulties  of 
triggering  the  mechanism  due  to  its  cumbersome  procedure  and  showed  again  that  meeting 
the  thresholds  requested  by  the  current  rules  can  prove  difficult,  at  the  expense  of  the 
objective  to  provide  urgent  responses  to  prevent  irregular  migration  and  security  risks 
stemming from visa-free travel.  

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Stakeholder consultations 

In the first months of 2023, on the initiative of the Swedish Presidency, the Justice and Home 
Affairs Council discussed a possible revision of Regulation (EU) 2018/1806, and in particular 
of  the  suspension  mechanism,  for  which  the  Member  States  expressed  broad  support.  This 
was prompted by the increase in numbers of detected irregular border crossings to the EU via 
the  Western  Balkans  route,  which  was  partly  linked  to  a  lack  of  visa  policy  alignment  by 
Western Balkan partners, and which spurred a reflection on the need to revise the suspension 
mechanism.  

Following  the  adoption  of  the  Commission  Communication  on  the  monitoring  of  the  EU's 
visa free regimes on 30 May 2023, the revision of the suspension mechanism was discussed in 
COREPER on 31 May 2023, at the Justice and Home Affairs Counsellors meeting of 1 June 

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Report  from  the  Commission  to  the  European  Parliament and  the  Council  on  the  effectiveness  of  the 
visa  suspension  mechanism  and  on  the  delegation  of  power  under  such  mechanism,  COM/2021/603 
final. 
Commission Implementing Regulation (EU) 2022/693 of 27 April 2022 on the temporary suspension of 
the visa exemption for nationals of Vanuatu, C/2022/2309, OJ L 129, 3.5.2022, p. 18–21. 

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2023 and at the Schengen Council of 8-9 June 2023. Member States expressed strong support 
for adapting the thresholds of the suspension mechanism as well as broadening the grounds of 
suspension, notably by including visa policy alignment – especially in cases where this could 
lead to migratory or security risks – and investor citizenship schemes as additional grounds. 
Member States also welcomed the revised approach to monitoring and reporting on visa-free 
third countries which is set out in the Communication. 

The Communication was also presented to the European Parliament (LIBE Committee) on 28 
June  2023.  During  the  discussion,  Members  of  the  LIBE  Committee  welcomed  the 
Commission  initiative  to  revise  the  suspension  mechanism,  in  particular  with  regard  to  the 
proposed inclusion of an explicit suspension ground on investor citizenship schemes operated 
by visa-free third countries, as a response to the call made by the European Parliament in its 
resolution of 9 March 2022 with proposals to the Commission on citizenship and residence by 
investment  schemes18.  Among  other  requests,  the  resolution  called  on  the  Commission  to 
exert as much pressure as possible to ensure that third countries that have investor citizenship 
schemes  in  place  and  that  benefit  from  visa-free  travel  under  Annex  II  to  Regulation  (EU) 
2018/1806 abolish those schemes, and to submit a proposal to amend Article 8 of Regulation 
(EU)  2018/1806  to  include  the  operation  of  investor  citizenship  schemes  as  a  ground  for 
suspension of visa exemptions.  

The  Commission  has  sought  to  take  into  account  the  main  suggestions  made  by  Member 
States and the Members of the LIBE Committee on how to revise the suspension mechanism 
and strengthen the monitoring and reporting obligations in the drafting of this proposal. 

Finally, in August 2023 the Commission published a call for evidence19 to consult the wider 
public  and  other  interested  stakeholders  on  possible  ways  of  improving  the  suspension 
mechanism,  to  inform  the  preparation  of  the  Commission’s  proposal.  The  call  received  15 
feedbacks from travel and transport associations, NGOs and citizens. Most of those feedbacks 
stressed the need for the suspension mechanism to remain a mechanism of last resort without 
any  automaticity  and  for  the  travelling  public  and  the  industry  to  be  well  in  advance  and 
clearly informed in case of activation of the suspension. 

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Impact assessment 

The revision of the suspension mechanism as such does not have any direct economic, social 
or environmental impacts. The impacts of the possible suspension of the visa exemption for 
nationals  of a certain  third country  will have to  be assessed in  detail  by  the Commission  in 
each individual case when it examines a notification by a Member State and before it decides 
whether action is needed. Therefore, no impact assessment is necessary for this proposal. 

• 

Fundamental rights 

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

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European Parliament resolution of 9 March 2022 with proposals to the Commission on citizenship and 
residence by investment schemes (2021/2026(INL)). 
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13910-EU-visa-policy-revision-
of-the-visa-suspension-mechanism_en   

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4. 

BUDGETARY IMPLICATIONS 

This proposal has no budgetary implications.  

5. 

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OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

As already required by the current Article 8(4) of Regulation (EU) 2018/1806, for those third 
countries which have been listed in Annex II as a result of the successful conclusion of a visa 
liberalisation  dialogue,  the  Commission  will  continue  to  fully  assess  and  report  on  the 
continuous  compliance  with  the  visa  liberalisation  requirements  for  a  period  of  seven  years 
after the entry into force of visa liberalisation for that third country.  

Following  this  seven-year  period,  the  reporting  on  those  countries  will  be  continued  but 
targeted to specific challenges and priorities.  The Commission may also decide to  report on 
visa-free  countries  in  other geographical  areas  beyond  the  EU  neighbourhood, focusing  on 
countries  where  issues  may  arise  and  where  further  cooperation  may  be  needed  to  address 
specific  migration  and/or  security  challenges  that  could  be  assessed  under  the  suspension 
mechanism. 

• 

Detailed explanation of the specific provisions of the proposal 

This  proposal  strengthens  and  improves  several  elements  of  the  suspension  mechanism 
currently  governed  by  Article  8  of  Regulation  (EU)  2018/1806.  The  proposed  amendment 
replaces Article 8 by a set of new Articles (8 to 8f). The revision includes several substantive 
amendments.  

First, the new Article 8(1) defines the temporary suspension mechanism. It provides that 
the  suspension  mechanism  may  be  triggered  by  a  notification  by  a  Member  State  to  the 
Commission or by the Commission based on its own analysis. The procedure for the Member 
States’  notification  is  laid  down  in  Article  8b  (replacing  the  provisions  currently  set  out  in 
Article 8(2)), while the procedure for the Commission to trigger the suspension mechanism is 
laid down in Article 8c, (replacing the provisions currently set out in Articles 8(3) and 8(4)). 

The new Article 8(2) clarifies that, in cases where an agreement on the short-stay visa waiver 
between  the  Union  and  a  third  country  listed  in  Annex  II  includes  provisions  on  different 
grounds for suspension or different procedures, those provisions should be applied instead of 
the relevant provisions of the Regulation. 

Second,  the proposal  establishes  the conditions and procedure for suspension in Articles 
8a to 8f. Article 8a sets out and amends all the grounds and thresholds for the suspension of 
the exemption from the visa requirement. The grounds for suspension of the visa exemption 
include the ones concerning an increase in irregular migration, an increase in the number of 
unfounded asylum applications, a decrease in cooperation on readmission and other cases of 
non-cooperation on readmission, currently listed separately  under Article  8(2) and 8(3), and 
the lack of fulfilment of the visa liberalisation benchmarks, currently under Article 8(4). 

In addition to existing grounds, with this proposal, the public policy and security ground for 
suspension  in  Article  8a(1)(d)  is  expanded  to  cover  explicitly  threats  to  the  public  policy 
and security of the Member States arising from hybrid threats, such as situations of state-

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sponsored instrumentalisation of migrants aimed at destabilising or undermining society and 
key institutions20.  

A  new  suspension  ground  is  introduced  in  Article  8a(1)(e)  specifically  addressing  investor 
citizenship  schemes,  which  are  currently  operated  by  a  number  of  third  countries  listed  in 
Annex II. The third countries concerned often advertise those schemes as ‘golden passports’ 
with the express purpose of allowing visa-free travel to the Union to third-country nationals 
that would otherwise be visa required. Such schemes can allow their beneficiaries to bypass 
the regular Schengen visa procedure and the in-depth assessment of individual migratory and 
security risks it entails, including a possible evasion of measures to prevent money laundering 
and  financing  of  terrorism21.  While  the  Union  respects  the  right  of  sovereign  countries  to 
decide  on  their  own  naturalisation  procedures,  visa-free  access  to  the  Union  should  not  be 
used as a tool for leveraging  individual investment  in  return for citizenship. To address  this 
issue, the EU should have the possibility, based on a Commission’s analysis,  to suspend the 
visa  exemption  for  a  third  country  that  chooses  to  operate  an  investor  citizenship  scheme 
whereby  citizenship  is  granted  without  any  genuine  link  to  the  third  country  concerned,  in 
exchange for pre-determined payments or investments. 

A new suspension ground is added in Article 8a(1)(f) to cover those cases where the lack of 
visa policy alignment of a third country listed in Annex II with the visa policy of the Union, 
could  lead  to  situations  where  third-country  nationals,  other  than  nationals  of  that  third 
country,  arrive  legally  in  the  territory  of  that  third  country  and  then  enter  irregularly    the 
territory of the Member States. It should be possible to trigger the suspension mechanism to 
prevent such risks of irregular migration, in particular where the concerned third country is in 
close geographic proximity to the EU. 

New with this proposal is the possibility, introduced in Article 8a(2) for the Commission to 
consider different thresholds when deciding whether to suspend a visa exemption in cases 
of  a  substantial  increase  in  irregular  migration,  unfounded  asylum  applications  or  serious 
criminal  offences  linked  to  the  nationals  of  that  third  country,  following  a  case-by-case 
assessment.  In  particular,  the  Commission  should  assess  whether  there  are  specific 
circumstances, in the cases notified by Member States or under its own analysis, that would 
justify the application of lower or higher thresholds than those indicated in the regulation. In 
its  assessment,  the  Commission  should  take  into  account  the  actual  numbers  of  irregular 
crossing  of  the  external  borders  of  a  Member  State,  unfounded  asylum  applications  or 
criminal  offences,  the  number  and  size  of  the  Member  State(s)  affected,  and  the  impact  on 
their overall migratory situation, functioning of their asylum systems, or internal security, as 
well as actions taken by the third country in question to remedy the situation.  

Article 8b lays down the procedure and conditions for a Member State’s notification to 
the Commission when it is confronted by one or more circumstances amounting to a ground 
for  suspension,  and  the  procedure  for  the  Commission’s  examination  of  such  a 

20 

21 

As defined in the Joint Communication to the European Parliament and the Council: Joint Framework 
on  countering  hybrid  threats  a  European  Union  response,  JOIN(2016)  18  final;  and  Joint 
Communication  to  the  European  Parliament,  the  Council,  the  European  Economic  and  Social 
Committee  and  the  Committee  of  the  Regions:  Responding  to  state-sponsored  instrumentalisation  of 
migrants at the EU external border, JOIN(2021) 32 final. 
Report  From  the  Commission  to  the  European  Parliament,  the  Council,  the  European  Economic  and 
Social Committee and the Committee of the Regions on Investor Citizenship and Residence Schemes in 
the European Union, COM (2019) 12 final,  page 23. 

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notification.  This  is  currently  regulated  in  Article  8(2)  and  8(5)  of  Regulation  (EU) 
2018/1806, respectively. The scope of the Member States’ notification is not amended, as it 
continues  to  cover  the  existing  suspension  grounds  on  increases  in  irregular  migration, 
unfounded  asylum  applications,  decreases  in  cooperation  on  readmission,  and  increases  in 
serious criminal offences. While the new proposed grounds for suspension are reserved to the 
analysis of the Commission regulated in Article 8c, the Member States will be able to provide 
relevant information to the Commission also on these additional grounds, though outside the 
formal notification procedure set out in Article 8b. 

Article  8b  also  modifies  the  reference  period  for  identifying  the  existence  of  the 
circumstances  which  may  lead  to  the  suspension  (currently  included  in  Article  8(2)).  The 
reference period is amended to cover at least a two-month period. This would allow to take 
into  consideration  also  longer  reference  periods  (e.g.,  annual  trends)  and  not  only  sudden 
changes in the relevant circumstances. 

Article 8c sets out the Commission’s obligation to monitor on a regular basis the existence 
of the grounds for suspension  with regard to all third countries listed in Annex II, and the 
procedure to  trigger the suspension mechanism based on  the Commission’s own analysis  of 
the existence of such grounds.  

Article  8d  outlines  the  Commission’s  reporting  obligations  with  regard  to  countries  that 
have  completed  a  visa  liberalisation  dialogue  (currently  in  Article  8(4))  and  introduces  the 
possibility for the Commission to report on any of the visa-free countries listed in Annex II, 
either on its own initiative or at the request of the European Parliament or the Council.  

Article 8e and 8f concern the suspension procedure by means of implementing and delegated 
acts,  respectively,  currently  laid  down  in  Article  8(6).  This  procedure  is  amended  by 
increasing  the  duration  of  the  temporary  suspension  of  the  visa  exemption  from  nine 
months to 12 months (for the first phase) and from 18 months to 24 months (for the second 
phase). This aims to make the suspension procedure more efficient and allow appropriate time 
for  dialogue  with  the  third  country  in  question  and  for  it  to  take  steps  to  remedy  the 
circumstances that led to the suspension.  

Article  8e  also  introduces  an  urgency  procedure,  which  would  allow  the  Commission  to 
suspend  a  visa  exemption  through  an  immediately  applicable  implementing  act,  when  it 
considers that imperative grounds of urgency exist, which require expedited action that could 
not be ensured under the ordinary procedure, in particular to prevent a mass influx of third-
country nationals arriving irregularly in a Member State  from the territory of a third country 
that  is  visa-free  for  the  EU  or  a  serious  damage  to  the  public  policy  or  internal  security  of 
Member States. 

In either phase, the suspension may be lifted as soon as the circumstances that led to the 
suspension are remedied. The procedure for lifting the suspension of the visa exemption in 
case  the  circumstances  which  led  to  the  suspension  cease  to  exist  before  the  end  of  the 
temporary suspension phase in question is laid down in Articles 8e(4) and 8f(5).  

Given  that  Article  8e  provides  for  an  urgency  procedure,  Article  11  is  also  amended  to 
reference  the  corresponding  procedure  in  Article  8  of  Regulation  (EU)  No  182/2011  of  the 
European  Parliament  and  of  the  Council  laying  down  the  rules  and  general  principles 
concerning  mechanisms  for  control  by  Member  States  of  the  Commission’s  exercise  of 
implementing powers. 

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2023/0371 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU) 2018/1806 as regards the revision of the suspension 
mechanism 

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) 

(4) 

(5) 

22 

Regulation (EU) 2018/1806 of the European Parliament and of the Council22 lists the 
third  countries  whose  nationals  are  to  be  in  possession  of  visas  when  crossing  the 
external borders of the Member States and those whose nationals are exempt from that 
requirement for stays of no more than 90 days in any 180-day period.  

The  mechanism  for  the  temporary  suspension  of  the  exemption  from  the  visa 
requirement for the nationals of a third country listed in Annex II to Regulation (EU) 
2018/1806 (‘the suspension mechanism’) should be strengthened for the Union to have 
at its disposal a more efficient safeguard aimed at preventing a wider range of irregular 
migration, public policy and security risks arising from the third countries listed in that 
Annex II, as well as the abuse of the visa exemption through the operation of investor 
citizenship schemes by those third countries.  

In particular, the use of the suspension mechanism should be facilitated by broadening 
the possible grounds for suspension, adapting the relevant thresholds and procedures, 
and strengthening the Commission’s monitoring and reporting obligations. 

The Union has concluded a number of agreements on the short-stay visa waiver with 
countries  listed  in  Annex  II  to  Regulation  (EU)  2018/1806  which  may  include 
different  grounds  for  suspension  or  different  procedures  than  the  ones  set  out  in  the 
suspension  mechanism,  and  may  conclude  further  of  those  agreements  in  the  future. 
As  the  Union  respects  international  agreements  and,  thus,  is  bound  by  these 
agreements,  the  relevant  different  provisions  set  out  in  those  agreements  should  be 
applied instead of the relevant provisions of the suspension mechanism.  

In its conclusions of 22 October 2021, the European Council invited the Commission 
to  propose  any  necessary  changes  to  the  Union’s  legal  framework  and  concrete 

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). 

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(6) 

measures  to  ensure  an  immediate  and  appropriate  response  to  hybrid  threats  in  line 
with  Union  law  and  international  obligations.  Therefore,  it  should  be  possible  to 
trigger  the  suspension  mechanism  in  case  of  risks  or  threats  to  the  public  policy  or 
internal security of the Member States arising from hybrid threats such as situations of 
state-sponsored instrumentalisation of migrants aimed at destabilising or undermining 
society and key institutions.  

Investor  citizenship  schemes  operated  by  third  countries  listed  in  Annex  II  to 
Regulation  (EU)  2018/1806  allow  visa-free  travel  to  the  Union  to  third-country 
nationals that would otherwise be visa required. Under an investor citizenship scheme, 
citizenship  is  granted  in  return  for  pre-determined  payments  or  investments  without 
any genuine link to the third country concerned. While the Union respects the right of 
sovereign  countries  to  decide  on  their  own  naturalisation  procedures,  visa-free  third 
countries  should  be  deterred  from  using  visa-free  access  to  the  Union  as  a  tool  for 
leveraging  individual  investment  in  return  for  their  citizenship.  To  prevent  visa-free 
access to the Union being used for this purpose, it should be possible to suspend the 
visa exemption for a third country which chooses to operate such investor citizenship 
schemes, whereby citizenship is granted without any genuine link to the third country 
concerned. 

(7)  Where  the  visa  policy  of  a  third  country  listed  in  Annex  II  to  Regulation  (EU) 
2018/1806 is not aligned with the visa policy of the Union as regards the list of third 
countries whose nationals are required to be in possession of a visa when crossing the 
external  borders of the  Member States, this  could result in  irregular migration to  the 
Union,  in  particular  where  the  concerned  third  country  is  in  close  geographic 
proximity  to  the  Union.  Therefore,  it  should  be  possible  to  trigger  the  suspension 
mechanism where, following an assessment, the Commission concludes that there is a 
risk  of  a  substantial  increase  in  the  number  of  third-country  nationals,  other  than 
nationals of that third country, who arrive legally in the territory of that third country 
and then irregularly enter the territory of the Member States.  

(8) 

The thresholds to trigger the suspension mechanism in case of a substantial increase in 
the number of nationals of a third country refused entry or found to be staying in the 
Member  State’s  territory  without  a  right  to  do  so,  or  in  the  number  of  asylum 
applications from the nationals of that third country for which the recognition rate is 
low, or in the number of serious criminal offences linked to the nationals of that third 
country,  should  be  subject  to  a  case-by-case  assessment  by  the  Commission.  In 
particular,  the  Commission  should  be  able  to  assess  whether  there  are  specific 
circumstances,  in  the  cases  notified  by  Member  States  or  under  its  own  analysis, 
which would justify the application of lower or higher thresholds than those indicated 
in  relevant  provisions of  Regulation  (EU) 2018/1806.  The Commission’s assessment 
should  take  into  account,  for  example,  the  number  of  unauthorised  crossings  of  the 
external  borders  of  the  Member  States,  unfounded  asylum  applications  or  criminal 
offences  in  proportion  to  the  number  and  size  of  Member  States  affected  and  the 
impact of those numbers on the overall migratory situation, functioning of the asylum 
systems or internal security of the Member States affected, as well as actions taken by 
the third country concerned to remedy the situation.    

(9) 

For the purpose of notifying to the Commission the circumstances that may amount to 
a ground for suspension, Member States should be able to take into account reference 
periods  longer  than  two  months  in  order  to  identify  not  only  sudden  changes  in  the 
relevant  situation,  but  also  longer-term  trends  that  may  justify  the  use  of  the  visa 
suspension mechanism.  

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(10)  Whenever it considers it necessary, or upon request by the European Parliament or by 
the  Council,  the  Commission  should  report  on  the  outcome  of  its  systematic 
monitoring  of  the  visa-free  regimes  with  all  the  third  countries  listed  in  Annex  II  to 
Regulation  (EU) 2018/1806. The report  should focus on those third  countries  which, 
according  to  the  Commission’s  analysis,  present  specific  problems  that,  if  not 
addressed,  may  lead  to  trigger  the  suspension  mechanism.  In  particular,  the 
Commission should  consider  reporting on countries which  have been  newly listed in 
Annex  II  without  undergoing  a  visa  liberalisation  dialogue,  where  it  considers  it 
necessary and in particular in the first years following the entry into force of the visa 
exemption for those countries.   

the  concerned 

third  country  aimed  at  remedying 

(11)  Where  a  decision  to  temporarily  suspend  the  visa  exemption  for  a  third  country  has 
been taken, there should be an adequate timeframe for the enhanced dialogue between 
the  Commission  and 
the 
circumstances  that  led  to  the  suspension.  For  this  purpose,  the  duration  of  the 
temporary  suspension  decided  by  a  Commission  implementing  act  should  be  12 
months in a first phase,  with a possibility to extend it by a further 24 months with a 
delegated  act  in  a  second  phase.  Where  no  solution  is  found  before  the  end  of  the 
period  of  validity  of  the  delegated  act  and  the  Commission  presents  a  legislative 
proposal  to  transfer  the  concerned  third  country  from  Annex  II  to  Annex  I  of 
Regulation (EU) 2018/1806, the Commission should adopt a delegated act extending 
the temporary suspension until the entry into force of the adopted proposal.  

(12)  The  Commission  should  adopt  immediately  applicable  implementing  acts  where,  in 
duly justified cases related to the triggering of the suspension mechanism, imperative 
grounds of urgency require expedited action, in particular to prevent any abuse of visa-
free travel causing a mass influx of third-country nationals arriving irregularly in the 
territory  of  the  Member  States  or  a  serious  damage  to  the  public  policy  or  internal 
security of Member States. 

(13)  The  temporary  suspension  should  be  lifted  at  any  time  where  the  circumstances  that 
led to the suspension are remedied before the end of the period of the suspension. To 
this end, the Commission should adopt, respectively, an implementing act before the 
end  of  the  period  of  suspension  set  out  in  the  relevant  implementing  act,  and  a 
delegated  act  before  the  end  of  the  period  of  suspension  set  out  in  the  relevant 
delegated act.   

(14)  As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of  the 
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  latters’  association  with  the  implementation,  application  and 
development of the Schengen acquis, which fall within the area referred to in Article 
1, point B, of Council Decision 1999/437/EC23. 

(15)  As regards Switzerland, this Regulation constitutes a development of the provisions of 
the  Schengen  acquis  within  the  meaning  of  the  Agreement  signed  between  the 
European Union, the European Community and the Swiss Confederation on the Swiss 
Confederation’s association with the implementation, application and development of 

23 

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). 

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the Schengen acquis24, which fall within the area referred to in Article 1, points B and 
C, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 
2008/146/EC25. 

(16)  As regards Liechtenstein, this Regulation constitutes a development of the provisions 
of  the  Schengen  acquis  within  the  meaning  of  the  Protocol  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 acquis26, which fall within the area referred to in Article 
1,  points  B  and  C,  of  Decision  1999/437/EC,  read  in  conjunction  with  Article  3  of 
Council Decision 2011/350/EU27. 

(17)  This Regulation constitutes a development of the provisions of the Schengen acquis in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC28; 
Ireland is therefore not taking part in the adoption of this Regulation and is not bound 
by it or subject to its application. 

(18)  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 and Article 4(1) of the 2005 Act of Accession, 

HAVE ADOPTED THIS REGULATION: 

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

(1) Article 8 is replaced by the following: 

Article 1 

 “Article 8 

Suspension mechanism 

1. By way of derogation from Article 4, the exemption from the visa requirement for nationals 
of  a  third  country  listed  in  Annex  II  shall  be  temporarily  suspended,  based  on  relevant  and 
objective data, in accordance with the conditions and procedure set out in Articles 8a to 8f.  

24 
25 

26 
27 

28 

OJ L 53, 27.2.2008, p. 52. 
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). 
OJ L 160, 18.6.2011, p. 21. 
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 
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). 
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). 

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The  suspension  mechanism  may  be  triggered  by  a  notification  of  a  Member  State  to  the 
Commission in accordance with Article 8b, or on the basis of the Commission’s own analysis 
in accordance with Article 8c. 

2. In cases where an agreement on the short-stay visa waiver between the Union and a third 
country  listed  in  Annex  II  includes  provisions  on  different  grounds  or  procedures  for 
suspension,  those  provisions  shall  be  applied  instead  of  Articles  8a,  8e  and  8f  of  this 
Regulation.” 

(2) the following Articles are inserted: 

“Article 8a 

Grounds for suspension 

1.   The suspension mechanism may be triggered on the following grounds: 

(a)  a  substantial  increase  in  the  number  of  nationals  of  a  third  country  listed  in  Annex  II 
refused entry or found to be staying in a Member State’s territory without a right to do so; 

(b) a substantial increase in the number of asylum applications from the nationals of a third 
country listed in Annex II for which the recognition rate is low; 

(c) a decrease in cooperation on readmission with a third country listed in Annex II, or other 
cases of non-cooperation on readmission; 

(d) a significant  risk or imminent threat  to  the public policy or internal  security of Member 
States related to a third country listed in Annex II deriving from any of the following: 

(i) a substantial increase in serious criminal offences, linked to the nationals of that 
third country, substantiated by objective, concrete and relevant information and data 
provided by the competent authorities; 

(ii) hybrid threats; 

(e)  the  operation,  by  a  third  country  listed  in  Annex  II,  of  an  investor  citizenship  scheme, 
whereby  citizenship  is  granted  without  any  genuine  link  to  the  third  country  concerned,  in 
exchange for pre-determined payments or investments;  

(f)  the  non-alignment  of  the  visa  policy  of  a  third  country  listed  in  Annex  II,  where,  in 
particular because of the geographic proximity  of that third country to  the Union, there is  a 
risk of a substantial increase in the number of third-country nationals, other than nationals of 
that third country, who enter irregularly the territory of the Member States after having stayed 
on, or transited through, the territory of that third country;  

(g)  with  regard  to  the  third  countries  whose  nationals  have  been  exempted  from  the  visa 
requirement when travelling to the territory of the Member States as a result of the successful 
conclusion  of  a  visa  liberalisation  dialogue  conducted  between  the  Union  and  that  third 
country, the non-compliance with the specific requirements, which are based on Article 1 and 
which were used to assess the appropriateness of granting visa liberalisation. 

2.  For  the  purposes  of  paragraph  1,  points  (a),  (b)  and  (d)(i),  of  this  Article  a  substantial 
increase  shall  mean  an  increase  exceeding  a  threshold  of  50%,  unless  the  Commission  in 
accordance  with  Article  8b(4)  or  Article  8c(2)  concludes  that  a  lower  or  higher  increase  is 
applicable in the particular case.  

3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean 
a  recognition  rate  of  asylum  applications  of  less  than  4%,  unless  the  Commission  in 
accordance  with  Article  8b(4)  or  Article  8c(2)  concludes  that  a  higher  recognition  rate  is 
applicable in the particular case. 

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4. For the purposes of paragraph 1, point (c), a decrease in cooperation on readmission with a 
third country listed in  Annex  II shall  mean  a substantial  increase, substantiated by adequate 
data,  in the refusal rate of readmission applications submitted by a Member State to that third 
country  for  its  own  nationals  or,  where  a  readmission  agreement  concluded  between  the 
Union  or  that  Member  State  and  that  third  country  so  provides,  for  third-country  nationals 
having transited through that third country. 

5. For the purposes of paragraph 1, point (c), the following may be considered as other cases 
of non-cooperation on readmission: 

(a) 

refusing or failing to process readmission applications in due time; 

(b) 
failing to issue travel documents in due time for the purposes of returning within the 
deadlines  set  out  in  the  readmission  agreement  or  refusing  to  accept  European  travel 
documents issued following the expiry of the deadlines set out in the readmission agreement; 

terminating  or  suspending  the  readmission  agreement  concluded  between  a  third 

(c) 
country listed in Annex II and the Union. 

Article 8b  

Notification by Member States and examination of the notification 

1.  A  Member State  may  notify  the  Commission if  it  is  confronted,  over  a  period  of  at  least 
two  months,  compared  with  either  the  same  period  in  the  preceding  year  or  the  last  two 
months prior to the implementation of the exemption from the visa requirement for nationals 
of a third country listed in Annex II, with one or more of the circumstances amounting to the 
grounds for suspension referred to in Article 8a(1), points (a), (b), (c), and (d)(i).  

2. The notification referred to in paragraph 1 of this Article shall state the reasons on which it 
is based and shall include relevant data and statistics as well as a detailed explanation of the 
preliminary measures  that  the Member State concerned has taken with  a  view to  remedying 
the  situation.  In  its  notification,  the  Member State  concerned  may  specify  the  categories  of 
nationals  of  the  third  country  concerned  which  are  to  be  covered  by  an  implementing  act 
under Article 8e(1), specifying the detailed reasons for doing so.  

3.  The  Commission  shall  inform  the  European Parliament  and  the  Council  immediately  of 
such notification. 

4.  The  Commission  shall  examine  any  notification  made  pursuant  to  paragraph 1  of  this 
Article, taking into account: 

(a)  whether any of  the circumstances  amounting  to  the grounds  referred to in  Article 8a(1), 
points (a), (b), (c), or (d)(i) exist; 

(b) the number of Member States affected by any of those circumstances; 

(c)  the  overall  impact  of  those  circumstances  on  the  migratory  situation  in  the  Union  as  it 
appears from the data provided by the Member States or available to the Commission; 
(d)  the  reports  prepared  by  the  European  Border  and  Coast  Guard29,  the  European  Union 
Agency  for  Asylum30,  the  European Union  Agency  for  Law  Enforcement  Cooperation 

29 

Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on 
the  European  Border  and  Coast  Guard  and  repealing  Regulations  (EU)  No  1052/2013  and  (EU) 
2016/1624 (OJ L 295, 14.11.2019, p. 1). 

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(Europol)31  or  any  other  relevant  institution,  body,  office  or  agency  of  the  Union  or 
international organisation, if the circumstances so require in the specific case; 

(e) the information which the Member State concerned may have given in its notification in 
relation to possible measures under Article 8e(1); 

(f)  the  overall  question  of  public  policy  and  internal  security,  in  consultation  with  the 
Member State concerned. 

5. The Commission shall inform the European Parliament and the Council of the results of its 
examination. 

Article 8c  

The Commission’s monitoring and own analysis 

1. The Commission  shall  monitor the existence  of the grounds for suspension referred to  in 
Article 8a(1) on a regular basis.  

With particular regard to the third countries which have been listed in Annex II as a result of 
the successful conclusion of a visa liberalisation dialogue conducted between the Union and 
that third country, the Commission shall monitor the continuous compliance with the specific 
requirements, which are based on Article 1 and which were used to assess the appropriateness 
of granting visa liberalisation. 

2.  Where  the  Commission,  taking  into  account  the  relevant  data,  reports  and  statistics,  has 
concrete and reliable information on the existence of any of the grounds referred to in Article 
8a(1) it shall inform the European Parliament and the Council of its analysis, and Article 8e 
and Article 8f shall apply. 

Article 8d  

Reporting 

1.  The  Commission  shall  report  to  the  European Parliament  and  to  the  Council  on  the 
monitoring  conducted  in  accordance  with  Article  8c(1)  with  regard  to  the  third  countries 
which  have  been  listed  in  Annex  II  as  a  result  of  the  successful  conclusion  of  a  visa 
liberalisation  dialogue  conducted  between  the  Union  and  that  third  country,  at  least  once  a 
year and for a period of seven years after the date of entry into force of visa liberalisation for 
those third countries, and thereafter whenever the Commission considers it to be necessary, or 
upon  request  by  the  European Parliament  or  by  the  Council.  The  report  shall  focus  on  the 
third countries which the Commission considers, based on concrete and reliable information, 
as no longer complying with certain specific requirements, which are based on Article 1 and 
which were used to assess the appropriateness of granting visa liberalisation. 

2. The Commission shall also report, whenever it considers it to be necessary, or upon request 
by the European Parliament or by the Council, on third countries listed in Annex II other than 
the ones referred to in paragraph 1 of this Article.  

30 

31 

Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the 
European  Union  Agency  for  Asylum  and  repealing  Regulation  (EU)  No  439/2010  (OJ  L  468, 
30.12.2021, p. 1). 
Regulation  (EU)  2016/794  of  the  European  Parliament  and  of  the  Council  of  11  May  2016  on  the 
European  Union  Agency  for  Law  Enforcement  Cooperation  (Europol)  and  replacing  and  repealing 
Council  Decisions  2009/371/JHA,  2009/934/JHA,  2009/935/JHA,  2009/936/JHA  and  2009/968/JHA 
(OJ L 135, 24.5.2016, p. 53). 

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Article 8e  

Implementing acts 

1.   Where, on the basis of the examination referred to in Article 8b(4), or the analysis referred 
to in Article 8c(2), and taking into account the consequences of a suspension of the exemption 
from  the  visa  requirement  for  the  overall  external  relations  of  the  Union  and  its 
Member States with the third country concerned, while working in close cooperation with that 
third  country  to  find  alternative  long-term  solutions,  the  Commission  decides  that  action  is 
needed,  or  where  a  simple  majority  of  Member States  have  notified  the  Commission  of  the 
existence  of  circumstances  referred  to  in  Article  8a(1),  points  (a),  (b),  (c)  or  (d)(i),  the 
Commission shall adopt an implementing act temporarily suspending the exemption from the 
visa requirement for the nationals of the third country concerned for a period of 12 months.  

The suspension shall apply to certain categories of nationals of the third country concerned, 
by reference to  the  relevant  types of travel  documents and, where appropriate,  to  additional 
criteria. When deciding to which categories the suspension is to apply, the Commission shall, 
based  on  the  information  available,  include  categories  that  are  broad  enough  in  order  to 
efficiently  contribute  to  remedying  the  circumstances  that  led  to  the  suspension,  while 
respecting the principle of proportionality and non- discrimination in line with  Article 21 of 
the Charter of Fundamental Rights of the European Union. That implementing act shall fix the 
date on which the suspension of the exemption from the visa requirement is to take effect. 

The Commission shall adopt the implementing act referred to in the first subparagraph within 
one month of: 

(a) receiving the notification referred to in Article 8b; 

(b) informing the European Parliament and the Council of its analysis referred to in 
Article 8c(2); 

(c)  receiving  the  notification  from  a  simple  majority  of  Member  States  of  the 
existence of grounds referred to in Article 8a(1), points (a), (b), (c) or (d)(i). 

The  implementing  acts  referred  to  in  the  first  subparagraph  shall  be  adopted  in  accordance 
with the examination procedure referred to in Article 11(2).  

2. On duly justified imperative grounds of urgency, the Commission shall adopt immediately 
applicable  implementing  acts  in  accordance  with  the  procedure  referred  to  in  Article  11(4), 
temporarily suspending the exemption from the visa requirement for the nationals of the third 
country concerned for a period of 12 months. 

3. During the period of suspension, the Commission shall establish an enhanced dialogue with 
the third country concerned with a view to remedying the circumstances in question. 

4. Where the circumstances that led to  the temporary suspension of the exemption  from  the 
visa  requirement  are  remedied  before  the  end  of  the  period  of  validity  of  the  implementing 
acts adopted pursuant to paragraphs 1 and 2, the Commission shall adopt an implementing act 
to lift the temporary suspension in accordance with the examination procedure referred to in 
Article 11(2). 

Article 8f  

Delegated acts 

1.  Where  the  grounds  referred  to  in  Article  8a  persist,  the  Commission  shall  adopt,  at  the 
latest  two  months  before  the  expiry  of  the  12-month  period  referred  to  in  Article  8e(1),  a 

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delegated  act  in  accordance  with  Article 10,  amending  Annex  II  to  temporarily  suspend  the 
application  of  that  Annex  for  a  period  of  24 months  for  all  nationals  of  the  third  country 
concerned.  That  amendment  shall  be  made  by  inserting  a  footnote  next  to  the  name  of  the 
third  country  in  question,  indicating  that  the  exemption  from  the  visa  requirement  is 
suspended with regard to that third country and specifying the period of that suspension. The 
delegated act shall take effect from the date of expiry of the implementing act referred to  in 
Article 8e(1). 

2.  Without  prejudice  to  the  application  of  Article 6,  during  the  period  of  suspension,  the 
nationals of the third country concerned shall be required to be in possession of a visa when 
crossing the external borders of the Member States. 

3.  A  Member State  which,  in  accordance  with  Article 6,  provides  for  new  exemptions  from 
the  visa  requirement  for  a  category  of  nationals  of  the  third  country  covered  by  the  act 
suspending  the  exemption  from  the  visa  requirement  shall  communicate  those  measures  in 
accordance with Article 12. 

4.   Before  the  end  of  the  period  of  validity  of  the  delegated  act  adopted  pursuant  to 
paragraph 1 of this Article, the Commission shall submit a report to the European Parliament 
and to the Council.  

The report may be accompanied by a legislative proposal to amend this Regulation in order to 
transfer the reference to the third country concerned from Annex II to Annex I. In that case, 
the Commission shall adopt a further delegated act in accordance with Article 10, amending 
Annex II to extend the period of suspension of the exemption from the visa requirement from 
the end of the period of validity of the delegated act adopted pursuant to paragraph 1 of this 
Article until the entry into force of the amendment transferring the third country concerned to 
Annex I. The footnote shall be amended accordingly. 

5. Where the circumstances that led to  the temporary suspension of the exemption  from  the 
visa requirement  are remedied before the  end of the period of validity of the delegated acts 
adopted  pursuant  to  paragraphs  1  and  4  of  this  Article,  the  Commission  shall  adopt  a 
delegated  act  in  accordance  with  Article 10  amending  Annex  II  to  lift  the  temporary 
suspension.” 

(4) 

Article 10 is amended as follows: 

(a) 

 in paragraph 3, ‘point (b) of Article 8(6)’ is replaced by ‘Article 8f’; 

(b) 

 in paragraph 4, ‘point (b) of Article 8(6)’ is replaced by ‘Article 8f’; 

(c) 

in paragraph 8, ‘point (b) of Article 8(6)’ is replaced by ‘Article 8f’. 

(5) 

in Article 11, the following paragraph 4 is added: 

“4. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in 
conjunction with Article 5 thereof, shall apply.” 

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 

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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 
The President 

For the Council 
The President 

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