Explanatory Memorandum to COM(2023)733 - Amendment of Regulation (EU) 2018/1806 as regards holders of Serbian passports issued by the Serbian Coordination Directorate (Koordinaciona uprava) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)733 - Amendment of Regulation (EU) 2018/1806 as regards holders of Serbian passports issued by the Serbian Coordination ... |
|---|---|
| source | COM(2023)733 |
| date | 16-11-2023 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Regulation (EC) No 1244/2009 of 30 November 20091 amended 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 requirement2. The change consisted in the transfer of the former Yugoslav Republic of Macedonia (currently North Macedonia), Montenegro and Serbia from Annex I (countries whose nationals are required to be in possession of a visa) to Annex II (countries whose nationals are exempt from that visa requirement for stays of no more than 90 days in a 180-day period) to Regulation (EC) No 539/2001. The exemption from visa requirement applied (and still applies) only to holders of biometric passports.
In view of concerns at the time about risks of irregular migration movements originating from Kosovo* and the fact that no visa liberalisation dialogue was then in place with Kosovo, one category of holders of Serbian passports was excluded from the visa requirement exemption, namely the holders of passports issued by the Serbian Coordination Directorate in Belgrade. This directorate processes all passport applications received from Kosovo Serbs residing in Kosovo and the Kosovo Serb diaspora living outside Kosovo.
The Serbian Coordination Directorate was established during the visa liberalisation dialogue with Serbia. The aim was to replace the seven regional Police Directorates scattered over the Serbian territory, which had been responsible for issuing passports to Kosovo Serbs until then. The passports issued by the Serbian Coordination Directorate are biometric and have been used by their holders as travel documents for the purpose of traveling to the EU since the Directorate was established.
In 2009, Kosovo was included in part 2 of Annex I to Regulation (EC) No 539/2001, entailing that holders of passports issued by Kosovo were required to be in possession of a visa when crossing the external borders of the Member States. Since then, the situation has evolved. The Commission launched a visa liberalisation dialogue with Kosovo on 19 January 2012. On 14 June 2012, it presented to Kosovo a roadmap, which identified all the legislation and other measures that Kosovo needed to adopt and implement to advance towards visa liberalisation. This dialogue was successfully concluded, and on that basis, on 4 May 2016, the Commission presented a proposal3 to transfer Kosovo to Annex II of Regulation (EC) No 539/2001.
This proposal was finally agreed and adopted on 19 April 2023. Regulation (EU) 2023/8504 amended Regulation (EU) 2018/18065 (that in the meantime had replaced Regulation (EC) No 539/2001), by transferring Kosovo from Part 2 of Annex I to Part 4 of Annex II to that Regulation. As in the case of all previous successfully concluded visa liberalisation dialogues, it was decided that the exemption from the visa requirement should apply only to holders of biometric passports. Furthermore, it was decided that the exemption should not apply until the date from which the European Travel Information and Authorisation System (ETIAS), established by Regulation (EU) 2018/1240 of the European Parliament and of the Council6, starts operations or until 1 January 2024, whichever date comes first. Due to the fact that ETIAS will not enter into operation before 1 January 2024, the visa exemption for Kosovo passport holders will apply as from 1 January 2024.
Following the adoption of Regulation (EU) 2023/850, holders of Serbian passports issued by the Serbian Coordination Directorate would remain the only citizens in the Western Balkan region required to be in possession of a visa when travelling to the EU for short stays.
With the entry into force of the visa exemption for Kosovo passport holders, the Commission considers that the reasons behind the exclusion of holders of Serbian passports issued by the Serbian Coordination Directorate from that visa exemption no longer exist, and that all citizens of the Western Balkan region should benefit from visa-free travel to the Schengen area. For this reason, the Commission proposes to amend Regulation (EU) 2018/1806 to exempt holders of Serbian passports issued by the Serbian Coordination Directorate from the requirement to be in possession of a visa when crossing the external borders of the Member States for stays of no more than 90 days in any 180-day period.
• 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.
Since the launching of the first visa liberalisation dialogues in 2008, there has been an overall objective to grant the whole Western Balkan region visa-free access to the Schengen area. Visa requirements for Montenegro, North Macedonia and Serbia were abolished in 2009, for Albania and Bosnia and Herzegovina in 2010 and for Kosovo in 2023. In this context, removing the exclusion from the visa exemption concerning the holders of Serbian passports issued by the Serbian Coordination Directorate would ensure that the whole Western Balkan region is subject to the same visa regime.
• Consistency with other Union policies
The proposed inclusion of holders of Serbian passports issued by the Serbian Coordination Directorate within the exemption from the visa requirement concerning Serbia is consistent with the EU efforts to accelerate the integration of the Western Balkan region into the EU.
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). The proposed regulation will constitute a development of the Schengen acquis.
• Subsidiarity, proportionality and choice of the instrument
The necessary amendment to Regulation (EU) No 2018/1806 is to be done by means of a regulation. Member States cannot act individually to achieve the policy objective. No other (non-legislative) options to achieve the policy objective are available.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Stakeholder consultations
The current situation of exclusion of Kosovo Serbs from the visa-free regime has been discussed with Serbia and Kosovo.
• Impact assessment
No impact assessment was deemed necessary for this proposal.
• Fundamental rights
This proposal has no negative consequences for the protection of fundamental rights in the European Union.
4. BUDGETARY IMPLICATIONS
This proposal has no budgetary implications.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The amended Regulation will be directly applicable from the date of its entry into force and will be implemented immediately by Member States. No implementation plan is necessary.
• Detailed explanation of the specific provisions of the proposal
Annex II to the Regulation 2018/1806 will be amended, by including the holders of Serbian passports issued by the Serbian Coordination Directorate (in Serbian: Koordinaciona uprava)’ within the reference to Serbia.