Legal provisions of COM(2004)437 - Amendment of Regulation (EC) No 539/2001 as regards the reciprocity mechanism

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dossier COM(2004)437 - Amendment of Regulation (EC) No 539/2001 as regards the reciprocity mechanism.
document COM(2004)437 EN
date June  2, 2005

Contents

Article 1

Article 1 of Regulation (EC) No 539/2001 is amended as follows:

1.Paragraph 4 shall be replaced by the following:

‘4.   Where a third country listed in Annex II introduces a visa requirement for nationals of a Member State, the following provisions shall apply:

(a)within 90 days of such introduction, or its announcement, the Member State concerned shall notify the Council and the Commission in writing; the notification shall be published in the C series of the Official Journal of the European Union. The notification shall specify the date of implementation of the measure and the type of travel documents and visas concerned.

If the third country decides to lift the visa obligation before the expiry of this deadline, the notification becomes superfluous;

(b)the Commission shall immediately after publication of that notification and in consultation with the Member State concerned, take steps with the authorities of the third country in order to restore visa-free travel;

(c)within 90 days after publication of that notification, the Commission, in consultation with the Member State concerned, shall report to the Council. The report may be accompanied by a proposal providing for the temporary restoration of the visa requirement for nationals of the third country in question. The Commission may also present this proposal after deliberations in Council on its report. The Council shall act on such proposal by a qualified majority within three months;

(d)if it considers it necessary, the Commission may present a proposal for the temporary restoration of the visa requirement for nationals of the third country referred to in subparagraph (c) without a prior report. The procedure provided for in subparagraph (c) shall apply to that proposal. The Member State concerned may state whether it wishes the Commission to refrain from the temporary restoration of such visa requirement without a prior report;

(e)the procedure referred to in subparagraphs (c) and (d) does not affect the Commission’s right to present a proposal amending this Regulation in order to transfer the third country concerned to Annex I. Where a temporary measure as referred to in subparagraphs (c) and (d) has been decided, the proposal amending this Regulation shall be presented by the Commission at the latest nine months after the entry into force of the temporary measure. Such a proposal shall also include provisions for lifting of temporary measures, which may have been introduced pursuant to the procedures referred to in subparagraphs (c) and (d). In the meantime the Commission will continue its efforts in order to induce the authorities of the third country in question to reinstall visa-free travel for the nationals of the Member State concerned;

(f)where the third country in question abolishes the visa requirement, the Member State shall immediately notify the Council and the Commission to that effect. The notification shall be published in the C series of the Official Journal of the European Union. Any temporary measure decided upon under subparagraph (d) shall terminate seven days after the publication in the Official Journal. In case the third country in question has introduced a visa requirement for nationals of two or more Member States the termination of the temporary measure will only terminate after the last publication.’

2.The following paragraph shall be added:

‘5.   As long as visa exemption reciprocity continues not to exist with any third country listed in Annex II in relation to any of the Member States, the Commission shall report to the European Parliament and the Council before the 1 July of every even-numbered year on the situation of non-reciprocity and shall, if necessary, submit appropriate proposals.’

Article 2

Member States whose nationals on 24 June 2005 are subject to a visa requirement by a third country listed in Annex II to Regulation (EC) No 539/2001 shall notify the Council and the Commission in writing by 24 July 2005. The notification shall be published in the C series of the Official Journal of the European Union.

The provisions of Article 1(4)(b) to (f) of Regulation (EC) No 539/2001 shall apply.

Article 3

This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.