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On 11 December 2013, the European Parliament and Council adopted Regulation (EU) No
1289/20133
, which amended Regulation (EC) No 539/2001 by introducing the so-called
"suspension mechanism" and modifying the existing reciprocity mechanism.
This suspension mechanism in Article 1a of Regulation (EC) No 539/2001 allows the
temporary suspension of the visa exemption for nationals of a third country in certain
emergency situations, as a last resort. It can be triggered by any Member State by notifying
the Commission that it is confronted, over a six-month period, in comparison with the same
period in the previous year or with the last six months prior to the visa liberalisation of that
country, with circumstances leading to an emergency situation which the Member State in
question cannot remedy on its own.
These circumstances are namely a substantial and sudden increase in the number of:
– nationals of that third country found to be illegally overstaying in the Member State
in question;
– unfounded asylum applications from the nationals of that third country, where such
increase is leading to specific pressures on the Member State’s asylum system;
– rejected readmission applications submitted by the Member State to that third
country for its own nationals.
When notifying the Commission, the Member State must state the reasons for triggering the
mechanism, provide relevant data and statistics, as well as describe the preliminary measures
that it has taken in order to remedy the situation. The Commission then informs both Council
and the European Parliament and examines the situation and the scope of the problem
(number of Member States affected, impact on the overall migratory situation in the Union).
The Commission may decide that action is needed, taking into account the consequences of
the suspension of the visa exemption for the external relations of the Union and its Member
States with the third country concerned, while working in close cooperation with that third
1 Council Regulation (EC) No 539/2001 of 15 March 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, OJ L 81, 21.03.2001, p. 1.
2 COM(2011) 290 final.
3 Regulation (EU) No 1289/2013 of the European Parliament and of the Council of 11 December 2013
amending Council 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, OJ L 347, 20.12.2013, p. 74.
EN 3 EN
country to find alternative long-term solutions. In that case, the Commission has three months
from the receipt of the notification to adopt an implementing act temporarily suspending the
exemption from the visa requirement for the nationals of the third country concerned, for a
period of six months.
Before the expiry of this six-month period, the Commission must submit a report to the
European Parliament and the Council. This report may be accompanied by a legislative
proposal to amend Regulation (EC) No 539/2001 to transfer the third country in question to
the list of visa-required countries (Annex I), and thus to put its citizens permanently under the
visa requirement. In such case, the temporary suspension of the visa waiver may be extended
by a maximum period of 12 months.
In the context of the current migratory situation in the European Union and of the successful
conclusion of several visa liberalisation dialogues with neighbouring countries (Georgia,
Ukraine, Kosovo, Turkey), several Member States have questioned whether the existing visa
suspension mechanism provides for the necessary flexibility to act in certain situations of
urgency. In particular they have argued that:
– the possible grounds for suspension are too limited, and for instance do not include
the failure of a third country to cooperate on readmission of third-country nationals
having transited through that third country, where a readmission agreement
concluded between the Union or a Member State and the third country concerned
provides for such a readmission obligation;
– the initiative to trigger the suspension mechanism by means of a notification, which
in the Regulation lies solely with Member States, should be extended to
Commission;
– the reference periods and the deadlines are too long, which does not allow for a fast
reaction in emergency situations.
Taking into account the Commission's recent proposals for visa liberalisation of Georgia4
,
Ukraine5
, Turkey6
and Kosovo7
and the recent discussions with Member States, the
Commission has decided to present a proposal to amend Regulation (EC) No 539/2001 to
revise the current suspension mechanism.
The main objective is to strengthen the suspension mechanism by making it easier for
Member States to notify circumstances leading to a possible suspension and by enabling the
Commission to trigger the mechanism on its own initiative. In particular, the use of the
mechanism should be facilitated by shortening reference periods and deadlines allowing for a
faster procedure and by extending the possible grounds of suspension, which should include a
substantial increase in the number of rejected readmission applications for third-country
nationals having transited through that third country, where a readmission agreement
concluded by the Union or a Member State and the third country concerned provides for such
a readmission obligation. The Commission should also be able to trigger the mechanism in
case the third country fails to cooperate on readmission, in particular where a readmission
agreement has been concluded between that third country and the Union
https://ec.europa.eu/transparency/regdoc/re...290-EN-F1-1.PDF 
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