The European Union has reached a provisional agreement on strengthening the mechanism that allows for the suspension of short-stay visa-free travel for nationals of third countries.
The revised regulation, agreed by negotiators from the European Parliament and the Council of the EU, introduces new grounds for triggering suspensions, including security-related risks, human rights violations, and abuses of investor citizenship schemes.
The changes are aimed at enabling a more flexible and responsive system for managing visa liberalisation agreements. According to the European Parliament’s press release, the updated mechanism is designed to ensure that third countries benefitting from visa waivers continue to uphold the principles underpinning those agreements, including international legal obligations and human rights standards.
Under the revised framework, the EU will be able to suspend visa-free travel if a third country is found to be in serious breach of the United Nations Charter, international human rights law, or international humanitarian law. Non-compliance with rulings of international courts will also constitute valid grounds for suspension.
Additional provisions target emerging threats and practices previously not covered. These include hybrid threats such as state-sponsored instrumentalisation of migrants to exert political pressure or destabilise EU member states. The agreement also addresses concerns surrounding so-called “golden passport” schemes, whereby individuals can obtain citizenship through pre-defined investments without having a genuine link to the country granting it. Such programmes are viewed as posing security risks by potentially providing visa-free access to individuals who would otherwise not qualify.
The EU will also consider suspending visa-free regimes in cases where a third country’s visa policy is not aligned with that of the EU. This misalignment can create irregular migration routes, particularly where such countries border the Schengen Area and become transit points for nationals of other third countries seeking entry into the EU without proper authorisation.
Existing grounds for suspension remain in place, including a significant increase in unfounded asylum applications, overstays, or entry refusals. For the first time, quantitative thresholds have been introduced to guide the assessment process. A 30% rise in any of the aforementioned categories, or in the number of serious criminal offences committed by nationals of the concerned country, will be considered substantial. Similarly, an asylum recognition rate below 20% will serve as an indicator of potentially abusive asylum claims.
The new rules also include provisions to lift the immunity currently granted to third-country officials travelling on diplomatic or service passports. In cases where government representatives are deemed responsible for the actions prompting a suspension—such as rights violations or breaches of international law—the European Commission will have the authority to prevent them from bypassing the visa suspension through privileged passport categories.
The initial period of temporary suspension is to be extended from the current nine months to twelve, with the possibility of a further extension of up to 24 months, an increase from the current 18-month limit. During this period, the European Commission is expected to engage in a formal dialogue with the affected country to resolve the identified issues. If no progress is made, the visa exemption may be permanently revoked.
The European Commission can initiate the suspension procedure on its own initiative or upon the request of an EU member state. This staged approach allows for temporary restrictions while providing an opportunity for corrective measures before any permanent decision is taken. To date, the mechanism has only been used once, in the case of Vanuatu, due to concerns linked to its investor citizenship programme.
Matjaž Nemec (S&D, Slovenia), rapporteur for the European Parliament, stated following the agreement: “Reformed visa rules will give the EU a revamped tool to respond to geopolitical situations and new threats. Visa policy can contribute to upholding EU values by ensuring that there are consequences when a foreign government breaches human rights and international law. In such cases, their government representatives and diplomats should have their visa-free access to the EU revoked, and this agreement makes that more likely.”
Currently, nationals of 61 third countries, including Ukraine, Georgia, Moldova, and the Western Balkans, enjoy visa-free access to the Schengen Area for stays of up to 90 days within any 180-day period. The revised regulation, once formally adopted by the European Parliament and the Council, will apply to all such visa-exempt third countries.
Formal endorsement of the agreement is expected in the coming weeks. If approved, the changes will enter into force later in 2025.
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