EU member states’ ambassadors have agreed on a draft regulation that would let the EU suspend visa-free travel for countries whose citizens are exempt from visa obligations when traveling to the Schengen area.

Key Points:

  • Under the new mechanism, the EU would have the following new grounds to suspend the visa-free regime:
    • When a country outside the EU has visa rules that don’t align with those of the EU, which could lead to more people coming to the EU.
    • When an investor citizenship scheme is involved, where citizenship is granted without a genuine link to the third country in exchange for predetermined payments or investments.
    • When there are hybrid threats and deficiencies in document security legislation or procedures.
  • Member states’ ambassadors also included a provision that the EU could suspend visa-free travel from a specific country if relations with that country deteriorate, particularly when it relates to human rights and basic freedoms.
  • Existing grounds for suspending visa-free travel remain in place, including when there is a substantial increase in the number of third-country nationals who are refused entry or found to be overstaying, and when there is a substantial increase in the number of unfounded asylum applications from a third country with a historically low recognition rate.

Background: The draft regulation is aimed at tightening the rules for visits to Europe, strengthening the EU’s powers to better deal with situations where visa-free travel is being misused or works against the EU’s interests. The regulation would also increase the duration of temporary suspensions of visa exemptions from nine to 12 months and the extension period from 18 to 24 months.

The agreement allows the Council to enter into negotiations with the European Parliament, once it settles on its own position, to reach final agreement.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 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.

The European Council announced the approval for the digitalization of the Schengen visa process.

Key Points:

  • EU officials announced on Nov. 13 that they had approved new rules to create an online EU visa application platform for EU citizens.
  • Applicants will be able to enter all the relevant data, upload electronic copies of their travel documents and supporting documents, pay their visa fees and replace the current visa sticker with a cryptographically signed barcode.
  • Even after the system is implemented, in-person appearances may be necessary for first-time applicants and applicants whose biometric data is no longer valid or possess a new travel document.

BAL Analysis: The online platform is expected to simplify the application process for visa-required travelers and reduce barriers in the EU visa application process. The new regulations will enter into force 20 days after publication. BAL will continue following developments and will provide updates as information becomes available.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 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.

The European Union has confirmed it will delay a forthcoming travel authorization system.

‌Key Points:

  • The European Travel Information and Authorization System, or ETIAS, is now slated for launch in mid-2025.
  • Once ETIAS is launched, nationals of 60 visa-exempt countries will be required to use it to obtain electronic travel authorization before boarding flights to Europe.

Background: ETIAS has been delayed several times. As of this past summer, the program had been expected to launch in 2024. Last month, media outlets reported that ETIAS would be delayed again. The Justice and Home Affairs Council of Europe confirmed in a statement that “the new roadmap for the delivery of the new IT architecture foresees … that ETIAS will be ready to enter into operation in Spring 2025.” BAL will continue following the implementation of ETIAS and will provide updates as information becomes available.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 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.

IMPACT — MEDIUM

The launch of the European Travel Information and Authorization System (ETIAS) has been delayed until 2025, according to media reports.

Key Points:

  • EU authorities have not made an official statement, but several reports said ETIAS will be delayed.
  • ETIAS had been expected to launch in 2024 after it had been delayed several times.
  • Once ETIAS is operational, travelers from 60 visa-exempt countries will be required to obtain pre-travel electronic authorization before boarding flights to Europe. More information is available here.

‌BAL Analysis: ETIAS will make business travel slightly more complicated for visa-free travelers once it is launched. Obtaining travel authorization will be relatively easy and inexpensive, though BAL does recommend that employers prepare for the change. BAL will provide additional information about the expected launch date as it becomes available.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 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.

IMPACT — MEDIUM

EU authorities have delayed the new border control Entry/Exit System until summer 2024.

Key Points:

  • The EES is an automated system for registering non-EU nationals traveling for a short stay, up to 90 days in a 180-day period, that will record each time they cross external Schengen area borders. It will replace passport stamping and requires travelers to have biometric data (facial images and fingerprints) recorded upon entry.
  • The system is intended to more easily identify travelers who have stayed in the EU longer than allowed, who do not have the right to enter the EU, or who are involved in criminal or terrorist activity.
  • EES will not affect people traveling within the Schengen area; it only applies to third-country nationals as they enter the area.

Additional Information: The EES differs from the European Travel Information and Authorization System, which will require travelers from the 63 countries currently approved to travel into the EU visa-free to register for a visa waiver before arriving in the Schengen area. The registration will cost €7 (free for travelers under 18 or over 70) and will last three years. ETIAS is now expected to launch in summer 2024.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The European Parliament has approved visa-free travel for nationals of Kosovo.

Key Points:

  • The visa waiver has not yet been implemented but will allow citizens of Kosovo to travel without a visa to the Schengen region for up to 90 days within a 180-day period.
  • The visa exemption will enter into force once the European Travel Information and Authorization System is in place, which is expected in 2024.
  • After the law enters into force, the entire Western Balkans region will have a similar visa framework for the Schengen area.

Background: The European Parliament has supported visa liberalization with Kosovo since 2016, after the Commission declared that Kosovo fulfills the criteria of its roadmap for visa liberalization. Kosovo is currently the only part of the Western Balkans region to not enjoy visa-free travel on short stays within the Schengen area.

BAL Analysis: Travelers are reminded that the visa waiver is appropriate for business, family and tourist purposes; those conducting work activities must obtain an appropriate work permit.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

The European Parliament has approved visa-free travel for nationals of Kosovo.

Key Points:

  • The visa waiver has not been implemented yet, but will allow citizens of Kosovo to travel without a visa to the Schengen region, as well as Iceland, Liechtenstein, Norway and Switzerland, for up to 90 days within a 180-day period.
  • The visa exemption will enter into force once the European Travel Information and Authorization System is in place, which is expected in 2024.
  • After the law enters into force, the entire Western Balkans region will have a similar visa framework for the Schengen area.

Background: The European Parliament has supported visa liberalization with Kosovo since 2016, after the Commission declared that Kosovo fulfils the criteria of its roadmap for visa liberalization. Kosovo is currently the only part of the Western Balkans region to not benefit from visa-free travel on short stays with the Schengen area.

BAL Analysis: Travelers are reminded that the visa waiver is appropriate for business, family and tourist purposes; those conducting work activities must obtain work authorization

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The European Commission has again delayed the implementation of the European Travel Information and Authorization System.

Key Points:

  • ETIAS is now expected to be fully implemented in 2024 instead of November 2023; the exact date will be posted on this website at a later time.
  • Once implemented, non-EU nationals who do not need a visa to travel to Schengen area countries will have to apply for authorization through ETIAS before traveling.
  • Applicants will have to apply for ETIAS online or through a mobile application and pay the €7 fee before traveling to the Schengen area.

Additional Information: The European Commission announced plans to introduce ETIAS in April 2016 in order to facilitate border checks, streamline entry processes, ensure a coordinated risk assessment of third-country nationals and reduce the number of refusals of entry at border crossing points.

BAL Analysis: BAL will provide updates as the implementation date gets closer. More information regarding ETIAS is available here.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The launch of the European Union’s new border control Entry/Exit System has been delayed and is now expected to debut in late 2023.

Key Points:

  • The EES is an automated system for registering non-EU nationals traveling for a short stay, up to 90 days in a 180-day period, that will record each time they cross external Schengen area borders. It will replace passport stamping and requires travelers to have biometric data (facial images and fingerprints) recorded upon entry.
  • The system is intended to more easily identify travelers who have stayed in the EU longer than allowed, who do not have the right to enter the EU, or who are involved in criminal or terrorist activity.
  • EES will not affect people traveling within the Schengen area; it only applies to third-country nationals as they enter the area.

Additional Information: The EES differs from the European Travel Information and Authorization System, which will require travelers from the 63 countries currently approved to travel into the EU visa-free to register for a visa waiver before arriving in the Schengen area. The registration will cost €7 (free for travelers under 18 or over 70) and will last three years. ETIAS is expected to launch in November 2023.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The European Council recently recommended that member states introduce COVID-19 testing requirements for those traveling from China.

Key Points:

  • The Council recommends that member states require travelers from China to have proof of a negative COVID-19 test taken within 48 hours before departure from China.
  • The Council also encourages member states to randomly test passengers arriving from China for COVID-19.
  • In the event that the COVID-19 situation worsens, the Council said member states should decide in a coordinated manner to reintroduce appropriate requirements for travelers prior to departure. Such requirements could include vaccination or quarantine upon arrival.

Additional Information: Some member states, including France, Greece, Italy, Latvia, the Netherlands and Spain, have already introduced COVID-19 entry requirements for travelers from China.

BAL Analysis: Recent COVID-19 testing requirement changes make travel from China to certain countries more difficult. Countries may add entry requirements and restrictions with little or no notice because of the recent surge of COVID-19 cases in China. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.