Proposal for a regulation
Article 2 – paragraph 1
In casBy way of derogation from [Article 1(4) of Regulation (EC) No 539/2001]40, where the United Kingdom introduces a visa requirement for nationals of at least one Member State , the reciprocity mechanism provided for in [, the following provisions shall apply: (a) following the implementation of the visa requirement, the Member State concerned shall without delay notify the Commission and inform the European Parliament and the Council thereof in writing; that notification shall specify the date of implementation of the visa requirement and the types of travel documents and visas concerned; (b) within 72 hours of receipt of the notification referred to in point (a) of this paragraph, the Commission shall adopt a delegated act in accordance with Article 4c amending Regulation (EC) No 539/2001 in order to temporarily suspend the application of Annex II to that Regulation for a period of 12 months for all nationals of the United Kingdom. The delegated act shall set out a date, within 120 days of its entry into force, on which the suspension of the application of Annex II is to take effect, taking into account the available resources in the consulates of the Member States. The delegated act shall insert a footnote next to the name of the United Kingdom indicating that the exemption from the visa requirement is suspended with regard to all nationals of the United Kingdom and specifying the period of that suspension. Unless the Commission submits a legislative proposal as referred to in point (e), in which case the period of suspension referred to in the first sentence of this point shall be prolonged automatically until the entry into force of such proposal and the transfer of the reference to the United Kingdom from Annex II to Annex I takes effect, the period of suspension from the visa requirement provided for in the delegated act adopted in accordance with the first sentence of this point shall be prolonged automatically until the United Kingdom lifts the visa requirement for the nationals of the Member State or the Member States concerned and visa-free travel for nationals of all Member States is restored. The footnote referred to in the third sentence of this point shall be amended accordingly. Without prejudice to the application of Article 1(4)4 of Regulation (EC) No 539/2001]40 shall apply. The European Parliament, the Council, the Commission and the Member States shall act without delay in applying the mechanism. _________________ 40, during the periods of that suspension all nationals of the United Kingdom shall be required to be in possession of a visa when crossing the external borders of the Member States; (c) the Commission shall, immediately following the adoption of a delegated act as referred to in point (b) and in consultation with the European Parliament and the Council, take steps with the authorities of the United Kingdom in order to restore visa-free travel and shall inform the European Parliament and the Council of those steps without delay; (d) any subsequent notification made by another Member State pursuant to point (a) during the period of application of measures adopted pursuant to point (b) shall be merged into the ongoing procedures without the deadlines or periods set out in those points being extended; (e) where, within six months of the entry into force of a delegated act as referred to in point (b), the United Kingdom has not lifted the visa requirement, the Commission may submit a legislative proposal amending Regulation (EC) No 539/2001 in order to transfer the reference to the United Kingdom from Annex II to Annex I to that Regulation; (f) where the United Kingdom lifts the visa requirement, the Member State or Member States concerned shall immediately notify the Commission and inform the European Parliament and the Council thereof. A delegated act adopted pursuant to point (b) shall expire seven days after the publication referred to in the first sentence of this point. Where the United Kingdom has introduced a visa requirement for nationals of two or more Member States, the delegated act shall expire seven days after the publication of the notification concerning the last Member State whose nationals were subject to visa requirement. The footnote referred to in the third sentence of point (b) shall be deleted upon expiry of the delegated act concerned. The Commission shall publish information on such expiry without delay in the Official Journal of the European Union. Where the United Kingdom lifts the visa requirement but the Commission has not been notified by the Member State or Member States in accordance with the first sentence of this point, the Commission shall, on its own initiative, proceed without delay with the publication referred to in that fifth sentence of this point, and the second sentence of this point shall apply. The European Parliament, the Council and the Commission shall act without delay in applying this mechanism. A delegated act adopted pursuant to this Article shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. _________________ 40 See footnote 23. See footnote 23.