The Polish Presidency of the Council of the EU and the European Parliament are expected to conclude negotiations on Tuesday 17 June on the reform of the mechanism for suspending visa liberalisation schemes (see EUROPE 13630/4) granted to third countries for short stays.
The aim is to define new criteria for suspending the visa-free regimes (see EUROPE 13603/22) currently enjoyed by 61 third countries.
Negotiations began on 7 April. The additional grounds for suspension of visa-free regimes included, for example, hybrid threats, changes to the thresholds for unfounded asylum applications at which suspension can be decided, and the issue of targeted suspension in certain situations for diplomatic/service passports.
While the co-legislators were able to settle the vast majority of issues at a technical level, the points still outstanding concerned the thresholds applicable to the criteria linked to the increase in asylum applications deemed unfounded or irregular migration, or the percentage of “low recognition rates” (of asylum applications), which the Council of the EU wanted to increase here. According to some sources, the two parties were expected to agree on percentages on Tuesday.
Given the reform, it makes sense that the thresholds will be stricter than at present, in order to send a message to the third countries concerned. The agreement should cover 30% and 20% respectively in paragraph 3 (of Article 8a) for “low recognition rates”.
Diplomatic and civil servant passports may also, in principle, be targeted, for the duration of the suspension applied to a third country. More specifically, during an extension of the suspension, it will be possible to target only diplomats and public representatives. Under the current rules, this distinction is not possible during this second phase of the suspension, says a source.
Parliament should also win the argument that serious violations of international law and human rights can now justify suspension of the visa waiver regime. The Commission will be responsible for taking a decision on this, but a group of MEPs is expected to call on the Commission to activate the mechanism against Israel, according to sources.
The S&D Group and Slovenian rapporteur Matjaž Nemec should be delighted with this agreement, which they had certainly hoped would be more ambitious. “Blocking access to the European Union for diplomats and government officials from third countries who violate international human rights law will be facilitated and, for the first time, serious violations of international law and standards, including international humanitarian law, serious violations of human rights and hostile acts of aggression against one or more Member States or the Union will be included in the grounds for suspension. This will strengthen respect for human rights in third countries”.
Under the new rules, when the temporary suspension of the visa waiver with a third country is envisaged, the European Commission must also assess its impact on civil society in the third country. (Original version in French by Solenn Paulic)