Changes from report parliamentary committee draft to plenary report

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8a – paragraph 5 – point b: (b) failing to issue travel documents to its own nationals or persons recognised by the third country as having a right of residence in its territory 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;

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8b – paragraph 1: 1. A Member State may notify the Commission if it is confronted, over a period between two and twelve 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).

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8b – paragraph 1 a (new): 1a. A Member State may notify the Commission of the existence of any of the grounds for suspension referred to in Article 8a(1), points (d)(ii), (e), (f), (g) and (ga).

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8b – paragraph 2: 2. The notification referred to in paragraphs 1 and 1a of this Article shall state the reasons on which it is based. Where relevant, that notification 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.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8b – paragraph 4 – introductory part: 4. The Commission shall examine any notification made pursuant to paragraphs 1 and 1a of this Article, taking into account:

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8b – paragraph 4 – point a: (a) whether any of the circumstances amounting to the grounds referred to in Article 8a(1) exist;

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8b – paragraph 4 a (new): 4a. As part of its examination pursuant to paragraph 4, the Commission shall also assess the necessity, proportionality and consequences of a suspension of the exemption from the visa requirement.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8c – paragraph 2: 2. Where the Commission, taking into account the relevant data, reports and statistics, including data, reports and statistics from any relevant Union institution, body, office or agency, and after having carried out an assessment as referred to in Article 8b(4a), 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.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8d – paragraph 1: 1. The Commission shall periodically 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, ensuring that each of those third countries is reported on at least once within a four-year period. / 1a. The Commission shall report on an annual basis for a period of seven years after the date of entry into force of visa liberalisation for those third countries which have been listed as a result of the successful conclusion of a visa liberalisation dialogue conducted between the Union and that third country. / 1b. Whenever the Commission considers it necessary, it shall report on the third countries which it 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.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8e – paragraph 1 – subparagraph 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), 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.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8e – paragraph 1 – subparagraph 1 a (new): Notwithstanding Article 6(1), point (a), where the Commission has adopted an implementing act under this paragraph which temporarily suspends the exemption from the visa requirement for nationals of the third country concerned who hold diplomatic passports, service/official passports or special passports, the Member States shall not provide for exceptions therefrom.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8e – paragraph 1 – subparagraph 3 – point c: (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).

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8e – paragraph 2: 2. On duly justified imperative grounds of urgency, where a significant risk or imminent threat to public policy or internal security of a Member State as set out in Article 8a(1), point (d), requires immediate action, the Commission may 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 maximum period of 12 months.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8e – paragraph 2 – subparagraph 1 a (new): In cases as referred to in the first subparagraph, the Commission shall comprehensively and consistently inform the European Parliament and the Council throughout the procedure.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8e – paragraph 3: 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 and shall regularly report to the European Parliament and to the Council on the progress and outcome of the dialogue and on the effectiveness of the suspension.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8f – paragraph 1 a new: 1a. The delegated act referred to in paragraph 1 shall be accompanied by a report to the European Parliament and to the Council detailing the outcome of the enhanced dialogue with the third country concerned, the measures adopted by that third country and by the Member States concerned, and the reasons for considering that the circumstances leading to the temporary suspension have not been remedied.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8f – paragraph 1 b new: 1b. Notwithstanding Article 6(1), point (a), where the Commission has adopted a delegated act under paragraph 1 of this Article the Member States shall not provide for exemptions as regards nationals of the third country concerned who hold diplomatic passports, service/official passports or special passports.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8f – paragraph 2: 2. Without prejudice to the application of Article 6 and paragraph 1b of this Article, 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.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8f – paragraph 3: 3. A Member State which, in accordance with Article 6(1), points (b) to (f), Article 6(2) or Article 6(3), 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.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8f – paragraph 4 – subparagraph 1: 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 on the temporary application of the visa suspension, on the dialogue between the Commission and the third country concerned and on the measures taken to remedy the circumstances having led to the temporary suspension of the visa exemption.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8f – paragraph 4 – subparagraph 2: 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 set by the delegated act adopted pursuant to paragraph 1 of this Article by a period of six months or until the entry into force of the amendment transferring the third country concerned to Annex I, whichever comes first. The footnote shall be amended accordingly.

AddedRegulation (EU) 2018/1806

AddedArticle 1 – paragraph 1 – point 2, Article 8f a (new): Article 8fa / Suspension of the possibility to provide for exceptions from the visa requirement as regards countries listed in Annex I / 1. In the event of a deterioration in the Union's external relations of the kind referred to in Article 8a(1), point (ga), of this Regulation with a third country listed in Annex I to this Regulation[, and provided that that deterioration is of a significant and abrupt nature], or following the adoption of an implementing decision pursuant to Article 25a(5) of Regulation (EC) No 810/2009, the Commission may adopt an implementing act to suspend any exceptions from the visa requirement provided for by Member States pursuant to Article 6(1) of this Regulation as regards holders of diplomatic passports, service/official passports or special passports. / 2. The Commission shall continuously assess whether it is possible to achieve a substantial and sustained improvement in the Union's external relations with the third country concerned or in the level of cooperation of the third country concerned as regards the readmission of irregular migrants. On the basis of that assessment, the Commission may adopt an implementing act to repeal or amend the implementing act referred to in the first paragraph. / 3. The implementing acts referred in paragraphs 1 and 2 of this Article shall be adopted in accordance with the examination procedure referred to in Article 11(2).