Questions and answers - Fourth Report on THE EU visa-free regime with the Western Balkans and Eastern Partnership countries
What is the Commission proposing today?
Today, the Commission reports on the results of monitoring THE EU visa-free regime with Albania, Bosnia and Herzegovina, Montenegro, North Macedonia and Serbia, as well as Georgia, Moldova and Ukraine. This annual report shall include a more detailed and systematic review of the activities carried out with a view to meeting the Commission's recommendations in the published July 2020 in the Third Report. For countries with less than seven years of visa-free treatment (Georgia, Moldova and Ukraine), the report also provides a more detailed assessment of other activities aimed at ensuring continuity of the criteria.
What is the overall assessment?
Overall, the visa-free movement continues to provide positive economic, social and cultural benefits FOR EU Member States and partner countries. The Commission considers that all the countries concerned have taken action in the implementation of the recommendations of the previous annual report and continue to comply with the visa liberalisation requirements. However, all eight countries should continue to take further steps to address the concerns of the fight against organised crime, financial fraud and money laundering, as well as high-level corruption and irregular migration. The countries concerned should also act to effectively stop investors' citizenship programmes or refrain from granting systematic citizenship for investment.
It is absolutely necessary that the reform process launched in the course of the visa liberalisation negotiations is strengthened and that the countries do not deviate from their achievements.
What is the visa liberalisation requirement (criterion)?
While 61 State throughout the world, visa-free travel to THE EU is enjoying, in some cases visa-free access can be decided after bilateral negotiations called visa liberalisation dialogues. They are based on the progress made by the countries concerned in implementing key reforms in areas such as strengthening the rule of law, combating organised crime and corruption, managing migration and improving administrative capacity in border control and improving the security of documents.
The visa liberalisation dialogues took place successfully between THE EU and eight countries included in the report presented today. On this basis, THE EU granted visa-free treatment to nationals of these countries: Montenegro, Serbia and Northern Macedonia in December 2009, Albania and Bosnia and Herzegovina in late 2010, Moldova – April 2014, Georgia – March 2017 and Ukraine in June 2017.
These dialogues were based on “visa liberalisation roadmaps” for the Western Balkans and “visa liberalisation action plans” for Eastern Partnership countries.
During the visa liberalisation dialogue, the Commission closely monitored the implementation of roadmaps and action plans through regular progress reports. These progress reports were sent to the European Parliament and the Council and are publicly available (see here on the Western Balkan countries and here on Eastern Partnership countries).
Why does the report assess only eight countries from all countries with visa-free treatment with THE EU?
The report addresses only those countries which have successfully completed the visa liberalisation dialogue: Albania, Bosnia and Herzegovina, Montenegro, North Macedonia, Serbia, Georgia, Moldova and Ukraine.
In accordance with EU rules, the Commission is responsible for delivering a report to the European Parliament and the Council on the continuous implementation of visa liberalisation requirements by non-eu countries which have successfully completed the dialogue on visa liberalisation less than seven years ago. For the Eastern Partnership countries, the visa-free regime is less than seven years, so the Commission is required to report on the continued fulfilment of the criteria. As regards visa-free countries in the Western Balkans which have been exempted from the visa requirement since 2009-2010, the report focuses on the implementation of the Commission's recommendations, which it provided in the third report adopted in July 2020, and assesses the measures taken for this purpose. The assessment of the aspects relating to the visa liberalisation criteria for the Western Balkans is contained in the European Commission's annual report on enlargement.
What does the Commission do to help partner countries combat organised crime and irregular migration, including taking into account coronavir?
The Commission, THE EU agencies and the Member States are reinforcing operational cooperation with the countries assessed in the report aimed at addressing both organised crime and irregular migration.
Partner countries are encouraged to play an active part in the relevant EU policy cycle / EMPACT operational action plans implemented in the fight against serious and organised crime. Joint eu-western Balkans Action Plan to combat terrorism there is an important roadmap and proof of our enhanced cooperation with a view to implementing key priority actions in the field of security, including the prevention of all forms of radicalisation and violent extremism, and to address the challenges posed by the return of foreign fighters to terrorists and their families.
THE EU has signed a number of status agreements with the Western Balkan countries on border management cooperation. Agreements allow the European Border and Coast Guard Agency (Frontex) to carry out the deployment of forces and joint operations in the territory of non-eu neighbouring countries. Several agreements have been successfully implemented and the remaining agreements should be completed quickly.
Cooperation between Frontex and partner countries are engaged in working arrangements at different levels and include cooperation in the field of return operations as well as exchange of information, exchange of best practice and the conduct of joint risk analysis.
The Commission also provides substantial financial support to partner countries with a view to supporting capacity building and reforms in law enforcement. The Commission, in response to a broader response to coronavir, redirects the assistance provided in the framework of the Instrument for Pre-Accession and the European Neighbourhood Instrument to the Western Balkan partner countries and Eastern Partnership countries respectively, deviating to their urgent needs and the elimination of socio-economic consequences. Since the start of the pandemic, the Western Balkan partner countries and Eastern Partnership countries have implemented many and different measures and repatriated their nationals, including from THE EU and the Schengen area.
What are the next steps?
The report sets out the actions to be taken by partner countries to ensure the sustainability of reforms. Close monitoring will also be continued as a continuous and permanent process, inter alia at the meetings of senior officials, regular meetings of the Justice, Freedom and Security Sub-Committee, THE EU and visa-free dialogues, as well as the Western Balkan countries, in the regular reports on enlargement and, where appropriate, the negotiations on accession to the European Union.
What is the revised suspension mechanism for visa waiver?
The visa waiver suspension mechanism was initially introduced as part of THE EU visa policy in 2013. The mechanism makes it possible to temporarily suspend visa-free treatment for non-eu countries in the event of a significant increase in irregular migration from partner countries.
The European Parliament and the Council adopted a revised mechanism that entered into force in 2017. In accordance with the revised mechanism, the Commission may start a suspension mechanism which could only be done by the Member States so far. In addition, the revised mechanism laid down the following obligations for the Commission:
- monitor the continued fulfilment of visa liberalisation requirements, which were used in the assessment of the granting of visa-free travel arrangements to a non-eu country as a result of a successful dialogue on visa liberalisation;
- report regularly to the European Parliament and the Council within seven years, at least once a year from the date of entry into force of the visa liberalisation for that non-eu country.
The new measures allow the European Union to respond faster and more flexibly, faced with an increase in the risk of sudden irregular migration or internal security in relation to nationals of a particular non-eu country.
When can i start the stop mechanism?
The stop mechanism may be activated in the following conditions:
- the number of persons coming from visa-free countries has increased significantly (more than 50 %), including open persons who are ineligible and persons who have received a refusal on the border;
- the number of asylum applications from countries with low recognition rates (approximately 3-4 %) has increased significantly (more than 50 %);
- there is a reduction in readmission;
- the risk of Member States' security has increased.
The Commission may also trigger a mechanism where non-eu countries which have completed the visa liberalisation dialogue no longer fulfil certain requirements concerning the criteria for visa liberalisation.
Is the suspension mechanism of the visa waiver effective?
Although no visa-free regime has been suspended as a result of the suspension mechanism of the visa waiver, its presence in non-eu countries has led to important reforms in the area of migration management, security, justice and human rights.
The report on the effectiveness of the visa waiver mechanism presented today and the delegation of powers under such a mechanism conclude that this impact has been particularly important in the Western Balkans and Eastern Partnership countries, where progress has continued to be made in line with the criteria for visa liberalisation and the implementation of the Commission's recommendations after the successful completion of the visa liberalisation dialogues and long after the visa exemption.
Positive results are reforms and cooperation in the area of migration and security, such as cooperation in the fight against terrorism, stricter checks at border crossing points, the organisation of awareness campaigns on rights and obligations in the context of visa-free treatment, in order to prevent the abuse of the visa-free regime.
Although this progress cannot be attributed solely to the suspension mechanism of the visa waiver, it has given further impetus.
The possibility of temporary and partial renewal of the visa requirement is likely to have prevented non-eu countries from continuing the implementation of policies which could negatively affect visa-free treatment with THE EU. The result is seen in respect of investor citizenship programmes as Moldova ceased its investor citizenship programme in 2020 and Montenegro has decided not to extend its programme after the end of 2021.
More details
Press release: visa liberalisation. The Commission provides a report on how the Western Balkan countries and Eastern Partnership countries continue to fulfil their requirements