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IMPACT – MEDIUM
What is the change? The Council of the European Union has proposed a measure to make it easier to suspend visa-waiver agreements.
What does the change mean? The proposal would expand the grounds for suspending visa-waiver agreements with non-EU countries and accelerate the process. The measure would apply to all countries that currently enjoy Schengen visa-free agreements, but is primarily aimed at prospective visa-free agreements with Georgia, Kosovo, Ukraine and Turkey.
Background: The proposal would strengthen the mechanism for an EU member state to suspend a country from visa-free agreements. The grounds for suspension would include a substantial increase in illegal migration from the participating country, lack of cooperation on taking back irregular migrants, or increased risks to the internal security of an EU member state. The European Commission would monitor whether criteria are being met and report annually to the European Parliament and Council.
The European Commission has recently recommended extending Schengen visa-free travel to nationals of Georgia, Kosovo and Ukraine. An agreement with Turkey to resettle refugees in exchange for the visa exemption currently hinges on Turkey meeting remaining goals, namely narrowing its terrorism laws to not include political activists.
BAL Analysis: The new measure may further delay visa-free Schengen travel for Turkish nationals and would allow existing agreements to be more easily subject to suspension.
This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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