EUROPEAN COMMISSION Brussels, 18.10.2023 COM(2023) 642

EN EN

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

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EXPLANATORY MEMORANDUM

1. 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 countries

. 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 2019

and contributed around 4.4%

of GDP of OECD countries.

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.

At the same time, the Commission’s monitoring of the EU’s visa-free regimes, including its

reports under the Visa Suspension Mechanism

, 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.

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 regimes

. 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 conclusions

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) 2018/1806

, 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 regimes

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

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 2013

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 2017

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:

• 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) 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.

(2) 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.

• 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:

– The recently revised Visa Information System (VIS) Regulation

, 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)

, 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)

, 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 environment

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.

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), 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.

• 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.

• 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.

• 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. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER

CONSULTATIONS AND IMPACT ASSESSMENTS

• 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 mechanism

. 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 country

. 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.

• 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

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 schemes

. 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 evidence

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.

• 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.

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. 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 institutions

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 terrorism

. 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

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) Regulation (EU) 2018/1806 of the European Parliament and of the Council

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.

(2) 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.

(3) 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.

(4) 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.

(5) 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).

EN 12 EN

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.

(6) 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.

(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 concerned third country aimed at remedying 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/EC

(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

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).

EN 14 EN

the Schengen acquis

, 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/EC

(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 acquis

, 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/EU

(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/EC

;

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:

Article 1

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

(1) Article 8 is replaced by the following:

“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.

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).

EN 15 EN

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;

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.

EN 16 EN

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;

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;

appears from the data provided by the Member States or available to the Commission;

(d) the reports prepared by the European Border and Coast Guard

, the European Union

Agency for Asylum

, the European Union Agency for Law Enforcement Cooperation

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).

EN 17 EN

(Europol)

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.

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).

EN 18 EN

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);

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

EN 19 EN

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’;

(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.”

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in

the Official Journal of the European Union.

EN 20 EN

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