2009/0104(CNS)
Visas: third countries whose nationals are subject to or exempt from a visa requirement (amend. Regulation (EC) No 539/2001)
| AFET | LIBE | |
| Lead Rapporteur | FAJON Tanja (S&D) | |
| Opinion Rapporteur(s) | LUDFORD Baroness Sarah (ALDE) |
Legal basis: TFEU TFEU 077-p2
Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | AFET | LUDFORD Baroness Sarah (ALDE) | |
| Lead | LIBE | FAJON Tanja (S&D) |
Legal Basis TFEU TFEU 077-p2
Activites
- 2009/12/18 Final act published in Official Journal
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2009/11/30
Act adopted by Council after consultation of Parliament
- #2979
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2009/11/30
Council Meeting
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2009/11/30
End of procedure in Parliament
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2009/11/12
Text adopted by Parliament, 1st reading/single reading
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T7-0062/2009
summary
The European Parliament adopted by 550 votes to 51 with 37 abstentions a legislative resolution amending, under the consultation procedure, the proposal for a Council regulation amending 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. Parliament points out that the exemption from the visa requirement should also apply to Albania and Bosnia and Herzegovina after an assessment by the Commission that each meets all the benchmarks set in the relevant roadmap for visa liberalisation and in accordance with the Treaty, since Albania and Bosnia and Herzegovina have made further progress with regard to the majority of the relevant benchmarks since the assessment of the Commission in May 2009. The main amendments were as follows: Including Albania and Bosnia in the proposed exemption regime: Parliament recalls that the Commission initiated the current visa liberalisation dialogue with a regional approach and a European perspective, involving countries of the Western Balkans on an equal footing and without any discrimination. In this context, Albania and Bosnia and Herzegovina, should be transferred from Annex I to Annex II (visa exemption) of Regulation (EC) No 539/2001, together with the former Yugoslav Republic of Macedonia, Montenegro, Serbia. Members stipulate that the same criteria laid down in the roadmaps for visa liberalisation should be applied to all countries concerned. Postponing visa exemption if criteria are not met: Parliament states that all the Western Balkan countries that have met the benchmarks should be admitted to the visa-free travel regime from the beginning of 2010. Those countries that, despite having made substantial progress, have not fully met the benchmarks should be granted the same privilege as soon as they meet the benchmarks as set out in the corresponding roadmaps for visa liberalisation. The exemption from the visa requirement should apply to Albania and Bosnia and Herzegovina after an assessment by the Commission that each meets all the benchmarks set in the relevant roadmap for visa liberalisation and after approval of that assessment by the Council. The Commission should, without delay and no later than in the early 2010, present a report on the achievements made by Albania and Bosnia and Herzegovina in meeting all the benchmarks set in the roadmap. Parliament asks the Commission to assist the relevant authorities of Albania and Bosnia and Herzegovina in this respect. Kosovo: lastly, with the aim of furthering the implementation of the Thessaloniki agenda and as part of its regional approach, the Commission, within the limits of its competence and in the light of UN Security Council Resolution 1244 (1999), should start a visa dialogue with Kosovo with a view to establishing a roadmap for visa facilitation and liberalisation similar to those established with Western Balkan countries.
- Results of vote in Parliament
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T7-0062/2009
summary
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2009/11/12
Commission response to text adopted in plenary
- SP(2010)484
- DG Justice, BARROT Jacques
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2009/11/11
Debate in Parliament
- 2009/10/27 Committee report tabled for plenary, 1st reading/single reading
- 2009/10/19 Vote in committee, 1st reading/single reading
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2009/10/07
Deadline Amendments
- 2009/09/18 Committee draft report
- 2009/09/14 Committee referral announced in Parliament, 1st reading/single reading
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2009/07/31
EP officialisation
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2009/07/15
Legislative proposal
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COM(2009)0366
summary
PURPOSE: to amend 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 so as to allow, under certain conditions, citizens from several Western Balkan countries (former Yugoslav Republic of Macedonia, Montenegro and Serbia) to enter the EU. PROPOSED ACT: Council Regulation. CONTENT: in proposing to amend Regulation (EC) No 539/2001 as last amended by Regulation (EC) No 1932/2006, the Commission is pursuing the following objectives: adjusting the two annexes to the Regulation, so as to fully reflect the new situation in the countries of the Western Balkan region, considering the political commitment taken by the European Union on the liberalisation of the short term visa requirement for the citizens of all Western Balkan countries as part of the Thessaloniki agenda and the progress made in the visa liberalisation dialogues started in 2008 with Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro and Serbia; ensuring that this adjustment for Western Balkan countries is in line with the need for periodic review of Regulation (EC) No 539/2001 and the composition of its annexes - which contain the list of third countries whose nationals must be in possession of visas when crossing the external borders of Member States (Annex I) and the list of those whose nationals are exempt from that requirement (Annex II) - and that it complies with the criteria set out in recital 5, in particular as regards the illegal immigration and public policy criteria for transferring countries from one annex to another as appropriate; transferring the former Yugoslav Republic of Macedonia, Montenegro and Serbia from the Annex I to the Annex II of the Regulation; introducing Kosovo under United Nations Security Council Resolution (UNSCR) 1244/99 into Annex I of Regulation (EC) No 539/2001 under "Entities and territorial authorities that are not recognised as states by at least one Member State". This is without prejudice to the status of Kosovo under UNSCR 1244/99 (no dialogue on visa liberalisation has been started with this territorial entity). Serbian and Montenegro should however meet all benchmarks of their respective roadmaps by the date of adoption of this proposal by the Council. Bearing in mind that the introduction of new biometric passports by the Western Balkan countries constitutes a fundamental element in the visa liberalisation dialogues, the visa waiver for the citizens of each of these countries should only apply to those who are holders of such biometric passports. It should be noted that the Commission considers that holders of Serbian passports issued by the specific Coordination Directorate (in Serbian: Koordinaciona uprava) should be excluded from the visa free regime for Serbia. IMPACT ASSESSMENT: not applicable. BUDGETARY IMPLICATION: the proposed amendment has no implication for the Community budget.
- DG Justice, BARROT Jacques
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COM(2009)0366
summary
Documents
- Legislative proposal published: COM(2009)0366
- Committee draft report: PE428.146
- Committee report tabled for plenary, 1st reading/single reading: A7-0042/2009
- Decision by Parliament, 1st reading/single reading: T7-0062/2009
- Results of vote in Parliament: Results of vote in Parliament
- Commission response to text adopted in plenary: SP(2010)484
- : Regulation 2009/1244
- : OJ L 336 18.12.2009, p. 0001
Votes
Report: FAJON A7-0042/2009 - legislative resolution
| Position | Total | ALDE | ECR | EFD | GUE/NGL | NI | PPE | S&D | Verts/ALE | correctional |
| For | 550 | 69 | 17 | 4 | 16 | 2 | 235 | 162 | 45 | 2 |
| Against | 51 | 0 | 0 | 21 | 11 | 18 | 1 | 0 | 0 | 1 |
| Abstain | 37 | 0 | 27 | 2 | 0 | 4 | 1 | 1 | 2 | 0 |
| Amendments | Dossier |
| 33 |
2009/0104(CNS) Visas: third countries whose nationals are subject to or exempt from a visa requirement (amend. Regulation (EC) No 539/2001)
2009/01/10
AFET
16 amendments...
Amendment 4 #
Proposal for a regulation – amending act Recital 1 (1) The visa liberalisation dialogue initiated by the Commission, with a regional approach and a European perspective, includes all the Western Balkan countries, namely Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro and Serbia, on an equal footing and without any discrimination. The composition of the list
Amendment 5 #
Proposal for a regulation – amending act Recital 2 a (new) (2a) With the aim of furthering the implementation of the Thessaloniki agenda, the Commission [within the limits of its competence] should start a visa liberalisation dialogue with Kosovo1 and establish a roadmap for visa liberalisation similar to those established with other Western Balkan countries. This is without prejudice to the status of Kosovo. ____________ 1 22 Member States have recognised Kosovo as an independent state while five have not.
Amendment 6 #
Proposal for a regulation – amending act Recital 3 (3) For persons residing in Kosovo under UNSCR 1244/99 and persons whose citizenship certificate has been issued for the territory of Kosovo under UNSCR 1244/99, a specific Coordination Directorate in Belgrade will be in charge of collecting their passport applications and the issuance of passports. However, in view of security concerns regarding in particular the potential for illegal migration, the holders of Serbian passports issued by this specific Coordination Directorate (in Serbian : Koordinaciona uprava) should be excluded from the visa free regime for Serbia. In view of the fact that the border between Serbia and Kosovo is regarded by the Belgrade authorities as an administrative boundary, which might negatively influence effective inter-state border controls, the Commission should request the Belgrade government to implement at that border/boundary the same measures and controls as it does with all the other internationally recognised borders.
Amendment 7 #
Proposal for a regulation – amending act Recital 3 a (new) (3a) With the aim of furthering the implementation of the Thessaloniki agenda, the Commission should start a visa dialogue with Kosovo so as to establish a roadmap for visa liberalisation similar to those established with other Western Balkan countries. This should be without prejudice to Member States' competence as regards the recognition of Kosovo as an independent state.
Amendment 8 #
Proposal for a regulation – amending act Recital 3 a (new) (3a) With the aim of furthering the implementation of the Thessaloniki agenda and as part of the regional approach, the Commission should start a visa dialogue with Kosovo and establish a tailor-made roadmap for visa facilitation and liberalisation similar to the roadmap established with other Western Balkan countries. This should be without prejudice to Member States' competence as regards the recognition of Kosovo as an independent state.
Amendment 9 #
Proposal for a regulation – amending act Recital 3 a (new) (3a) With the aim of strengthening the conditionality of the Stabilisation and Association Process, the contractual relations of the individual country concerned with the European Union represent a key factor affecting the decision to amend Regulation (EC) No 539/2001. Visa-free travel will improve participation in the common market that is gradually being established with Albania, Bosnia and Herzegovina, Montenegro and the former Yugoslav Republic of Macedonia, and will thereby contribute to trade, innovation and growth.
Amendment 10 #
Proposal for a regulation – amending act Recital 3 a (new) (3a) With the aim of furthering the implementation of the Thessaloniki agenda, the Commission should start a visa liberalisation dialogue with the Kosovar authorities and establish a roadmap for visa liberalisation similar to those established with the Western Balkan countries. This should be without prejudice to the status of Kosovo and with due respect for UNSC resolution 1244/99.
Amendment 11 #
Proposal for a regulation – amending act Recital 3 a (new) (3a) With the aim of furthering the implementation of the Thessaloniki agenda, the Commission should start a visa liberalisation dialogue with Kosovo and establish a roadmap for visa liberalisation similar to those established with other Western Balkan countries. This should be without prejudice to the status of Kosovo and with due respect for UNSC resolution 1244/99.
Amendment 12 #
Proposal for a regulation – amending act Recital 4 a (new) (4a) This Regulation shall not be adopted until a full assessment has been made of its potential impact on the extension into EU Member States of organised crime networks that focus on drug-trafficking, trafficking of stolen vehicles, smuggling of cigarettes and petrol and, in particular, human trafficking.
Amendment 13 #
Proposal for a regulation – amending act Recital 4 a (new) Amendment 14 #
Proposal for a regulation – amending act Recital 4 b (new) (4b) The Council, while commending the relevant recent progress achieved by Albania and Bosnia and Herzegovina towards meeting the benchmarks, calls on the relevant Albanian and Bosnia and Herzegovina authorities to adopt, without delay, the necessary reforms to fully meet the benchmarks.
Amendment 15 #
Proposal for a regulation – amending act Recital 4 c (new) (4c) The Council asks the Commission to assist the relevant Albanian and Bosnian and Herzegovina authorities in this respect.
Amendment 16 #
Proposal for a regulation – amending act Recital 5 a (new) (5a) This process of visa liberalisation should serve as a reference for defining relations with the Eastern partners of the European Union and particularly with Moldova, a country in which there has recently been a significant democratic shift.
Amendment 17 #
Proposal for a regulation – amending act Article 1 – point 1 – point -a (new) Regulation (EC) No 539/2001 Annex I – Part 1 (-a) in Part 1, the reference to Albania and Bosnia and Herzegovina shall be amended as follows: "Albania * Bosnia and Herzegovina * ------------------- * The name of the country shall be deemed deleted from this Annex without delay immediately after the assessment by the Commission that the country in question meets all the benchmarks set in the roadmap for visa liberalisation and a notice about the assessment is published in the Official Journal of the European Union."
Amendment 18 #
Proposal for a regulation – amending act Article 1 – point 1 – point -a (new) Regulation (EC) No 539/2001 Annex I – Part 1 (-a) in Part 1, double asterisks ** and a corresponding footnote should be added to the references to Albania and Bosnia and Herzegovina, as follows: "Albania **" "Bosnia and Herzegovina **" ------------------- "** The exemption from the visa requirement granted to holders of biometric passports will apply on the basis of a legislative act to be adopted following the presentation of a corresponding proposal by the European Commission."
Amendment 19 #
Proposal for a regulation – amending act Article 1 – point 2 Regulation (EC) No 539/2001 Annex II – Part 1 2) In Annex II, Part 1, the following references shall be inserted: "Albania * ** Bosnia and Herzegovina * ** the former Yugoslav Republic of Macedonia ** Montenegro ** Serbia [excluding holders of Serbian passports issued by the Serbian Coordination Directorate (in Serbian: Koordinaciona uprava)] ** ------------------- * The exemption from the visa requirement shall apply without delay immediately after the assessment by the Commission that the country in question meets all the benchmarks set in the roadmap for visa liberalisation and a notice about the assessment is published in the Official Journal of the European Union. ** The exemption from the visa requirement only applies to holders of biometric passports".
source: PE-428.324
2009/10/15
LIBE
17 amendments...
Amendment 7 #
Proposal for a regulation Recital 1 (1) The visa liberalisation dialogue initiated by the Commission with a regional approach and a European perspective, includes countries of the Western Balkans, namely Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro and Serbia on an equal footing and without any discrimination. The composition of the list
Amendment 8 #
Proposal for a regulation Recital 1 a (new) (1a) All of the Western Balkan countries that have met the benchmarks should be admitted to the visa-free travel regime from the beginning of 2010. Those countries that, despite having made substantial progress, have not fully met the benchmarks should be granted the same privilege as soon as they meet the benchmarks as set out in the corresponding roadmaps for visa liberalisation.
Amendment 9 #
Proposal for a regulation Recital 2 a (new) (2a) With the aim of furthering the implementation of the Thessaloniki agenda, the Commission should start a visa dialogue with Kosovo under UNSCR 1244/99 so as to establish a roadmap for visa liberalisation similar to those established with other Western Balkan countries. This should be without prejudice to Member States' competence as regards the recognition of Kosovo1, ____________ 1 22 Member States have, to date, recognised Kosovo as an independent state while five have not.
Amendment 10 #
Proposal for a regulation Recital 2 a (new) (2a) With the aim of furthering the implementation of the Thessaloniki agenda, the Commission should start a visa liberalisation dialogue with Kosovar authorities and establish a roadmap for visa liberalisation similar to those established with other Western Balkan countries. This should be without prejudice to the status of Kosovo and with due respect for UNSC resolution 1244/99.
Amendment 11 #
Proposal for a regulation Recital 2 a (new) (2a) With the aim of furthering the implementation of the Thessaloniki agenda and as part of its regional approach, the Commission should start a visa dialogue with Kosovo and establish a tailor-made roadmap for visa facilitation and liberalisation similar to those established with other Western Balkan countries. This should be without prejudice to Member States' competence as regards the recognition of Kosovo as an independent state.
Amendment 12 #
Proposal for a regulation Recital 3 (3) For persons residing in Kosovo under UNSCR 1244/99 and persons whose citizenship certificate has been issued for the territory of Kosovo under UNSCR 1244/99, a specific Coordination Directorate in Belgrade will be in charge of collecting their passport applications and the issuance of passports. However, in view of security concerns regarding in particular the potential for illegal migration, the holders of Serbian passports issued by this specific Coordination Directorate (in Serbian
Amendment 13 #
Proposal for a regulation Recital 4 (4) Therefore the former Yugoslav Republic of Macedonia, Montenegro and Serbia [
Amendment 14 #
Recital 4 (4) Therefore the former Yugoslav Republic of Macedonia, Montenegro and Serbia [
Amendment 15 #
Proposal for a regulation Recital 4 a (new) (4a) As regards Albania and Bosnia and Herzegovina, the Commission should, without delay and not later than in the spring of 2010, present its report on the achievements made by those two countries in meeting all the benchmarks set in the roadmap.
Amendment 16 #
Proposal for a regulation Recital 4 b (new) (4b) Thereafter and without delay, the Commission should present a proposal for the corresponding amending regulation. Without prejudice to the legal framework under which the European Union will be operating by the spring of 2010 and the role that the European Parliament, for its part, could play, the Council commits itself to immediately finalise the corresponding Council regulation extending the visa-free travel regime to Albania and Bosnia and Herzegovina. The Council calls upon Member States and the Commission to then take all necessary legal and technical measures to ensure immediate implementation of the visa-free travel regime.
Amendment 17 #
Proposal for a regulation Recital 4 c (new) (4c) The Council, while commending the relevant recent progress achieved by Albania and Bosnia and Herzegovina towards meeting the benchmarks, calls on the relevant Albanian and Bosnia and Herzegovina authorities to adopt, without delay, the necessary reforms to fully meet the benchmarks.
Amendment 18 #
Proposal for a regulation Recital 4 d (new) (4d) The Council asks the Commission to assist the relevant authorities of Albania and Bosnia and Herzegovina in this respect.
Amendment 19 #
Proposal for a regulation Recital 5 a (new) (5a) This process of visa liberalisation should serve as a reference for defining relations with the Eastern partners of the European Union and particularly with Moldova, a country in which there has recently been a significant democratic shift.
Amendment 20 #
Proposal for a regulation Article 1 - paragraph 1 - point -a (new) Regulation (EC) No 539/2001 Annex I - part 1 (-a) in Part 1, the references to Albania and Bosnia and Herzegovina are replaced by the following: "Albania * Bosnia and Herzegovina * ------------------- * The name of the country shall be deleted from this Annex after an assessment by the Commission that the country in question meets all the benchmarks set in the roadmap for visa liberalisation is approved by the Council and notice of the assessment and Council's decision is published in the Official Journal of the European Union."
Amendment 21 #
Proposal for a regulation Article 1 - paragraph 1 - point a a (new) Regulation (EC) No 539/2001 Annex I - part 1 (aa) in Part 1, the references to Albania and Bosnia and Herzegovina are replaced by the following: "Albania**, Bosnia and Herzegovina ** ------------------- ** The exemption from the visa requirement granted to holders of biometric passports will apply in accordance with Community law"
Amendment 22 #
Proposal for a regulation Article 1 - paragraph 2 Regulation (EC) No 539/2001 Annex II - part 1 2) In Annex II , Part 1, the following references shall be inserted: "Albania * ** Bosnia and Herzegovina * ** the former Yugoslav Republic of Macedonia ** Montenegro ** Serbia [excluding holders of Serbian passports issued by the Serbian Coordination Directorate (in Serbian: Koordinaciona uprava) ] ** ------------------- * The exemption from the visa requirement shall apply after an assessment by the Commission that the country in question meets all the benchmarks set in the roadmap for visa liberalisation is approved by the Council and notice of the assessment and Council's decision is published in the Official Journal of the European Union. ** The exemption from the visa requirement only applies to holders of biometric passports
Amendment 23 #
Proposal for a regulation Article 1 - paragraph 2 Regulation (EC) No 539/2001 Annex II - part 1 2) In Annex II , Part 1, the following references shall be inserted: "Albania * Bosnia and Herzegovina * the former Yugoslav Republic of Macedonia
source: PE-429.562
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