Considerations on COM(2022)189 - Amending regulation 2018/1806, listing exemptions for third countries whose nationals must be in possession of visas when crossing the external borders (Kuwait, Qatar)

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dossier COM(2022)189 - Amending regulation 2018/1806, listing exemptions for third countries whose nationals must be in possession of visas when ...
document COM(2022)189 EN
date April 27, 2022
 
(1) Regulation (EU) 2018/1806 of the European Parliament and of the Council 6 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.

(2) The third countries whose nationals are exempt from the visa requirement are determined on the basis of a case-by-case assessment of a variety of criteria laid down in Article 1 of Regulation (EU) 2018/1806. Those criteria relate, inter alia, to “illegal immigration, public policy and security, economic benefit, in particular in terms of tourism and foreign trade, and the Union’s external relations with the relevant third countries, including in particular, considerations of human rights and fundamental freedoms, as well as the implications of regional coherence and reciprocity”.

(3) Kuwait and Qatar present low risks of irregular migration to the Union and issue biometric passports in line with standards of the International Civil Aviation Organisation. Security cooperation with those countries has intensified in recent years. As regards economic interests, Kuwait and Qatar are important economic partners for the Union, in particular in the area of energy. Although challenges remain in the area of human rights and fundamental freedoms, Kuwait and Qatar have undergone societal transformations and improvements regarding women’s rights, labour rights and freedom of religion and interfaith dialogue and are expected to continue making progress and reforms. The long-term benefits of visa-free travel to the EU can reinforce positive trends in these areas.

(4) Consequently, nationals of those countries should be exempt from the visa requirement for stays of no more than 90 days in any 180-day period, and references to those countries should be transferred to Annex II to Regulation (EU) 2018/1806.

(5) The exemption from the visa requirement for nationals of Kuwait and Qatar is without prejudice to the application of EU restrictive measures adopted on the basis of Article 29 TEU and Article 215 TFEU.

(6) The exemption from the visa requirement for nationals of Kuwait and Qatar should not apply until bilateral agreements on visa waiver between the Union and Kuwait and Qatar have been concluded, in order notably to ensure full reciprocity is maintained.

(7) Regulation (EU) 2018/1806 should therefore be amended accordingly,

(8) This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC 7 . Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(9) As regards Iceland and Norway, this Regulation constitutes a development of 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 association of those two States with the implementation, application and development of the Schengen acquis, which fall within the area referred to in point B of Article 1, of Council Decision 1999/437/EC 8 .

(10) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning 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, which fall within the area referred to in point B of Article 1, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC 9 .

(11) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol signed 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 point B of Article 1, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU 10 ,

(12) 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, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act of Accession.