Brussels, 19 March 2025
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Grounds for suspending non-EU countries’ visa-free regimes to include instrumentalisation of migrants
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MEPs want to add human rights breaches and failure to apply EU sanctions to reasons for suspension
On Wednesday, the Civil Liberties Committee adopted its draft position on new grounds for suspending visa-free travel for short stays in the EU.
In future, EU short-term visas for non-EU nationals could be suspended over security concerns linked to hybrid threats and breaches of international human rights, under a reform of the visa suspension mechanism endorsed today by MEPs in the Civil Liberties Committee (41 votes in favour, 10 votes against, and 21 abstentions).
New grounds for suspension: instrumentalisation, golden passports and breaches of international law
MEPs backed the introduction of additional grounds for suspending visa freedom, namely: hybrid threats, such as state-sponsored instrumentalisation of migrants aimed at destabilising or undermining society; and investor citizenship schemes (“golden passports”), which raise security concerns. A country’s lack of alignment with EU visa policy, potentially making it a transit country for illegal entry into the EU, would also be a valid ground for suspending visa-free regimes. Existing grounds, including a lack of cooperation on readmissions, would be maintained.
In their amendments to the proposal, MEPs also want to see additional grounds for suspending visa freedom, notably violations of the United Nations Charter and severe breaches of international human rights or humanitarian law. Diplomatic and service passport‑carrying government and state officials, who bear primary responsibility for such breaches, would be the priority targets of visa suspension. Additionally, MEPs propose that failure to apply EU sanctions and hostile acts against member states could also serve as reasons for suspension.
Under current legislation, “substantial” increases in numbers of people staying without permission, of asylum applications from a country with a low recognition rate, or of serious criminal offences can also trigger visa freedom suspension. MEPs want to lower the 50% threshold for assessing such an increase, as proposed by the Commission, to 40%. The Commission could also deviate from this threshold in well-justified cases.
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After the vote, rapporteur Matjaž Nemec (S&D, Slovenia) said: “Reformed visa rules will give the EU a revamped tool to respond to geopolitical situations and new threats. When a foreign government breaches human rights and international law, it should not be business as usual, but their government representatives and diplomats should have their visa-free access to the EU revoked. Furthermore, Union visa policy should strive to protect EU values, including with increased safeguards for human rights defenders.”
Next steps
Negotiations with the Council on the final shape of the legislation were authorised with 59 in favour, 9 against, and 4 abstentions. The draft position will be tabled for announcement during Parliament’s April plenary session. If no objections are raised, the position will be considered approved.
Background
Nationals of 61 third countries can currently travel to the Schengen area for short stays (up to 90 days in any 180-day period) without a visa (source: EP Research Service). See also this Council website for a map of current visa agreements.
According to the current law, the European Commission (following a proposal by a concerned member state or on its own initiative) can start the process of suspending visa-free travel from third countries into the Schengen area, first temporarily, pending further investigation and dialogue with the country in question, and then permanently if the issues are not resolved. To date, visa freedom has only been revoked once, in the case of Vanuatu.