EU ambassadors have agreed on a new law that updates the mechanism to suspend visa-free travel for third countries in the Schengen area. The law aims to counter the abuse of visa-free travel that goes against the EU’s interests.
New grounds to suspend visa-free regime:
1. If a third country has a visa-free policy that contradicts the EU’s visa policy, and this leads to an increase in the number of people coming to the EU, particularly because of the country’s proximity to the EU, it can create a lack of alignment.
2. The investor citizenship scheme is a program that grants citizenship to individuals without any real connection to the third country, in exchange for predetermined payments or investments.
3. Hybrid threats and issues with document security legislation or procedures can result in deficiencies.
Member states have agreed to the suspension of the visa-free regime in case of a significant deterioration in relations with a third country, especially concerning human rights. Existing grounds include a rise in refused entry or overstaying, unfounded asylum applications, decreased cooperation in readmission, and threats to public policy or security. Failure to meet visa liberalisation benchmarks is now more clearly defined.
Suspension thresholds
The Council’s negotiating mandate sets thresholds for triggering the mechanism, such as increases in refused entry, overstay, unfounded asylum applications, and serious criminal offenses. The member states have set the number at 30%, while the asylum recognition rate threshold has been fixed at 20%.
Duration of the temporary suspension
Visa exemption temporary suspension duration extended from 9 to 12 months, with an option to extend for another 24 months. The European Commission will engage in dialogue to resolve the issue; if no solution is found, the EU may permanently revoke the visa-free travel regime.
Reference period
The reference period for identifying suspension circumstances now covers at least two months. This allows for longer reference periods to be considered instead of just sudden changes.
Next steps
The agreement reached today will enable the Council to negotiate with the European Parliament for a final legal text.
Background
Visa-free travel has benefits for economies and tourism, but can also bring migration and security challenges. Overstays and unfounded asylum applications can lead to irregular migration. The EU has a visa-free regime with 61 countries, allowing short stays up to 90 days in any 180-day period without a visa. To prevent misuse of visa-free travel, the EU has a suspension mechanism in place.
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