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.

LEGISLATIVE ACT: Regulation (EU) 2017/372 of the European Parliament and of the Council 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 (Georgia).

CONTENT: Council Regulation (EC) No 539/2001 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.

Georgia is currently included in Annex I to the Regulation, that is to say, among the countries whose nationals must be in possession of visas to enter the territory of the Member States of the Union.

However, it is considered that Georgia has met all the benchmarks set out in the visa liberalisation action plan presented to the Georgian Government, and therefore fulfils the relevant criteria for its citizens to be exempted from the visa requirement when travelling to the territory of Member States.

Accordingly, Regulation (EC) No 539/2001 is amended to transfer Georgia from Annex I (list of countries subject to the visa requirement) to Annex II (list of countries exempt from visa requirement) .

The visa waiver is limited to the holders of biometric passports issued by Georgia in line with standards of the International Civil Aviation Organisation (ICAO).

The Commission shall duly monitor the continuous fulfilment by Georgia of such criteria, especially on the fight against organised crime.

ENTRY INTO FORCE: 28.3.2017.

The European Parliament adopted by 553 votes to 66, with 28 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council 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 (Georgia).

The proposal aims to amend Regulation No 539/2001 and to transfer Georgia to Annex II, which establishes the list of third countries whose nationals are exempt from the requirement to obtain visas in order to cross the external borders of the Member States.

Parliament adopted its position at first reading, following the ordinary legislative proposal, taking over the Commission proposal. It was however stipulated in a recital that the continuous fulfilment by Georgia of the criteria for its citizens to be exempted from the visa requirement when travelling to the territory of Member States, especially on the fight against organised crime, will be duly monitored by the Commission .

The Committee on Civil Liberties, Justice and Home Affairs adopted a report by Mariya GABRIEL (EPP, BG) on the proposal for a regulation of the European Parliament and of the Council 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 (Georgia).

Parliament recommended the European Parliament to adopt its position at first reading, taking over the Commission proposal .

The proposal aims to amend Regulation No 539/2001 and to transfer Georgia to Annex II, which establishes the list of third countries whose nationals are exempt from the requirement to obtain visas in order to cross the external borders of the Member States.

In the explanatory statement accompanying the report, it is stressed that Georgia is a strategic partner for the EU in the framework of the European Neighbourhood Policy and in particular of the Eastern Partnership.

The Association Agreement between the EU and Georgia signed in 2014 has brought relations to a new level by enhancing the cooperation in wide range of fields. The Association Agreement constitutes an integral part of the EU policy of a sequenced engagement with Georgia and its commitment to a close relationship that encompasses political association and economic integration.

The Association Agreement intensified cooperation also by establishing a free trade area . As consequence trade with the EU has significantly increased and the EU became Georgia’s most important commercial partner, representing 30% of its exports.

As regards the political and institutional situation, Georgia is relatively stable democracy . It may also become a key partner in the fight against organised crime, including trafficking in human beings, terrorism and corruption.

In terms of mobility , the potential migratory and security challenges have to be considered given the fact that the EU remains an attractive destination for migrants from Georgia. According to the latest statistics by Eurostat in 2014 the number of entry refusals at the external borders of EU 28 decreased by 61% compared to 2013, and by 56.5% in 2015.

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

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Council Regulation (EC) No 539/2001 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. It is applied by all Member States for the exception of Ireland, the United Kingdom, as well as Iceland, Liechtenstein, Norway and Switzerland.

Georgia is currently listed in Annex I of the Regulation, i.e. among those countries whose nationals are required to hold a visa when travelling to the territory of EU Member States.

The EU-Georgia Visa Liberalisation Dialogue was launched in June 2012. In February 2013, the European Commission presented the Georgian Government with an action plan on visa liberalisation (VLAP). The VLAP is structured around four 'blocks': document security, including biometrics (block I), migration and integrated border management, including asylum (block II), public order and security (block III), and external relations and fundamental rights (block IV).

Before the start of the Visa Liberalisation Dialogue, the EU and Georgia had concluded in parallel a Visa Facilitation Agreement and a Readmission Agreement , which entered into force on 1 March 2011. Their full and effective implementation has been an underlying condition for the launch and the continuation of the visa dialogue.

It is considered that Georgia has met all the benchmarks set out in the Visa Liberalisation Action Plan presented to the Georgian Government and therefore fulfils the relevant criteria for its citizens to be exempted from the visa requirement when travelling to the territory of EU Member States.

CONTENT: the Commission proposes to amend Regulation (EC) No 539/2001, transferring Georgia from Annex I (list of visa-required countries) to Annex II (list of visa-free countries).

It shall also be specified that the visa waiver will be limited to holders of biometric passports issued in line with standards of the International Civil Aviation Organisation (ICAO).