EN EN
COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 3.10.2006
COM(2006) 568 final
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND
THE COUNCIL
on cases where visa waiver non-reciprocity is maintained by certain third countries
in accordance with Article 1(5) of 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, as amended by
Regulation (EC) No 851/2005 as regards the reciprocity mechanism
EN 2 EN
TABLE OF CONTENTS
I. Introduction.................................................................................................................. 3
II. Results achieved since the Commission’s first report on reciprocity .......................... 4
1. Full reciprocity now in place ....................................................................................... 4
1.1. Uruguay....................................................................................................................... 4
1.2. Costa Rica ................................................................................................................... 4
2. Steps to achieve reciprocity ongoing ........................................................................... 5
2.1. Brazil ........................................................................................................................... 5
2.2. Malaysia ...................................................................................................................... 5
3. The solution of the non-reciprocity problems has been announced but is yet to be put
into practice.................................................................................................................. 6
3.1. Paraguay ..................................................................................................................... 6
3.2. Singapore .................................................................................................................... 7
3.3. Brunei.......................................................................................................................... 7
4. Progress on reciprocity has been made since the report of 10 January 2006............... 8
4.1. Canada ........................................................................................................................ 8
4.2. Australia.................................................................................................................... 10
5. No progress has been made on reciprocity since the report of 10 January 2006....... 13
5.1. United States of America......................................................................................... 13
III. Conclusion ................................................................................................................. 15
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I. INTRODUCTION
Council Regulation (EC) No 539/2001 of 15 March 2001 is at the heart of the common EU
visa policy, listing the third countries whose nationals must be in possession of visas when
crossing the external borders of the Member States (Annex I to the Regulation, the “negative
list”) and those whose nationals are exempt from that requirement (Annex II to the
Regulation, the “positive list”)
1
. It was substantially modified by Regulation (EC) No
851/2005 of 2 June 2005, which introduced a new reciprocity mechanism. The aim of the new
mechanism is to establish through appropriate measures reciprocity towards third countries
still requiring a visa from citizens of certain Member States for stays of less than 90 days
while the Community does not apply such visa requirements towards the citizens of those
third countries. Regulation (EC) No 851/2005 allows the visa requirement to be introduced
provisionally vis-à-vis the countries concerned. In addition, a joint declaration made by the
Council and the Commission when Regulation (EC) No 851/2005 was adopted refers to the
possibility of taking other provisional measures, particularly in the political, economic and
commercial fields
2
.
Pursuant to Regulation (EC) No 851/2005 and in the light of notifications by Member States
of cases of non-reciprocity, the Commission on 10 January 2006 presented a report to the
Council on visa waiver reciprocity with certain third countries
3
. This report described the
Commission’s approaches towards the countries on the positive list that continued to require a
visa from Member State nationals and listed the results obtained. In view of the progress
achieved, the Commission concluded that there was no need at that stage to include with the
report a proposal for temporary restoration of the visa requirement or for measures such as
those contained in the Council and Commission joint declaration. However, for the purposes
of the second report, the Commission stated that it would monitor whether the solutions
announced by certain third countries had been put into practice and whether further dialogue
with others had opened up the prospect of reciprocal visa-free travel.
In its conclusions of 21 February 2006, the Council endorsed the Commission’s analysis and
urged it to strengthen its efforts with the United States, Canada and Australia and to monitor
progress with the other third countries concerned.
This report, presented to the European Parliament and to the Council pursuant to Article 1(5)
of Regulation (EC) No 539/2001, as worded in Article 1 of Regulation (EC) No 851/2005,
takes stock of the approaches made by the Commission since the adoption of the Council
conclusions of 21 February vis-à-vis the third countries on the positive list which continue to
require visas from Member State nationals.
1
OJ L 81, 21.3.2001, p. 1.
2
OJ C 172, 12.7.2005, p. 1.
3
COM (2006) 3 final.
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II. RESULTS ACHIEVED SINCE THE COMMISSION’S FIRST REPORT ON RECIPROCITY
In the days following its adoption, the Commission’s report of 10 January 2006 was sent by
note verbale to the authorities of the various third countries concerned.
Following the Council’s endorsement on 21 February 2006 of the approach proposed in the
concluding part of its report, the Commission was able to actively resume its efforts and work
on obtaining reciprocity.
In close cooperation with the Member States, the Commission held an intensive dialogue with
the authorities of the third countries concerned. With particular regard to Australia, Canada
and the United States, the Commission organised a technical meeting on 23 March 2006 with
representatives of the Member States concerned in order to assess the state of the dialogue
between them and the three third countries in question and the results of the dialogue. That
meeting took place in advance of the high-level contacts scheduled between the Commission
and the authorities of the three countries over the following weeks.
1. Full reciprocity now in place
1.1. Uruguay
Results of contacts with the Uruguayan authorities
The Estonian authorities notified the Commission on 16 January 2006 that Uruguay had
abolished the visa requirement for Estonian nationals for stays of up to three months.
Assessment
Full visa waiver reciprocity has now been achieved vis-à-vis all the Member States.
1.2. Costa Rica
Steps taken to achieve reciprocity
The Commission drew the attention of the Costa Rican authorities to the maintenance of the
visa requirement vis-à-vis nationals of Iceland and was told that Iceland would soon enjoy the
same status. An amendment of the “General Rules” to that effect has been announced.
In response to a Commission note verbale of 15 June 2006, the Costa Rican authorities
confirmed by memo of 20 July that reciprocity was now ensured, including vis-à-vis Iceland.
Assessment
Full visa waiver reciprocity has now been achieved vis-à-vis all the Member States and the
Schengen countries.
EN 5 EN
2. Steps to achieve reciprocity ongoing
2.1. Brazil
Current situation
Visa requirement maintained vis-à-vis nationals of Austria, Cyprus, Estonia, Latvia, Lithuania
and Malta.
The Czech Republic informed the Council and the Commission that the agreement concluded
with Brazil on 29 April 2004 on abolishing the visa requirement had come into force on
3 October 2005.
Steps taken to achieve reciprocity
The Brazilian authorities have already formally expressed and confirmed their political will to
waive the visa requirement for nationals of the Member States still subject to the requirement
and in 2005 sent the Commission a draft agreement to be concluded with the European
Community for the purpose of lifting the visa requirement for citizens of the Member States
referred to above.
In its first report, the Commission noted that the Community’s exclusive competence in
relation to the visa requirement and waiver precluded the conclusion of a visa waiver
agreement between the EC and Brazil which would apply only to a limited number of
Member States.
In its conclusions on the Commission report of 21 February 2006, the Council welcomed
Brazil’s political commitment and invited the Commission to submit as soon as possible a
recommendation to the Council to open negotiations with Brazil on a visa waiver agreement
between the European Community and Brazil. The Commission is currently preparing that
recommendation. This will be the first time that a bilateral visa waiver agreement has been
negotiated between the Community and a third country.
Assessment
The Brazilian authorities have stressed their commitment to ensure full reciprocity in relation
to visas. As soon as a number of problems relating to complications arising from the
Community’s legal order have been resolved, in particular regarding the length of the short
stay authorised under a visa waiver, the Commission will submit the above recommendation
with a view to opening negotiations with Brazil.
2.2. Malaysia
Current situation: visa waiver limited to stays of less than 30 days for nationals of Cyprus,
Estonia, Greece, Latvia, Lithuania, Portugal and Slovenia.
Steps taken to achieve reciprocity
In a letter to the Commission dated 6 February 2006, Malaysia’s Mission to the European
Union confirmed the Malaysian authorities’ intention to settle the outstanding reciprocity
issues.
EN 6 EN
As it had received no subsequent official communication on this subject, the Commission
reminded the Malaysian authorities, by note verbale dated 1 June 2006, of the continuing
non-reciprocity problems vis-à-vis the Member States concerned and invited them to inform it
of the current situation in view of the second report to be presented in July 2006.
By a letter dated 24 August 2006 the Malaysian authorities informed the Commission that
they are committing themselves to restore up to three months visa-free stay for the citizens of
all these Member States. This will happen in two stages. The first stage is already in course of
implementation as they are currently making all the necessary administrative arrangements to
grant a three months visa-free stay for the citizens of Greece, Portugal, Cyprus, Latvia and
Malta. Nevertheless, the visa-free stay will remain up to one month for the citizens of Estonia,
Lithuania and Slovenia. According to their letter, the Malaysian authorities claim that these
Member States do not grant a visa-free stay for Malaysian citizens or they are granting a visa-
free stay limited to fourteen days. They state that the restoration of the visa-free stay for three
months will happen by the time these Member States introduce the visa-free stay for three
months for Malaysian citizens.
Assessment
The Commission welcomes the progress of Malaysia to restore visa reciprocity by granting a
visa-free stay of three months for all Member States. In particular it welcomes the
administrative arrangements in order to restore visa reciprocity for the citizens of Greece,
Portugal, Cyprus, Latvia and Malta. Furthermore, the Commission is examining the claims
concerning Estonia, Lithuania and Slovenia. At the time of drafting the report already two of
these three Member States have confirmed to the Commission that the claims are not founded
as they are indeed granting a visa-free stay of up to three months for Malaysian citizens.
The Commission will continue the examination of the Malaysian claims and will take all the
appropriate steps to explain to the Malaysian authorities the actual situation as regards these
three Member States and to restore visa-free stay of three months for the citizens of these
Member States as well, at the earliest possible time.
3. The solution of the non-reciprocity problems has been announced but is yet to
be put into practice
3.1. Paraguay
Current situation
Visa requirement maintained vis-à-vis nationals of Iceland.
Steps taken to achieve reciprocity
The Paraguayan authorities have notified the Commission that the outstanding problem will
be settled by executive decree.
As it had not received official confirmation that the decree had been signed, the Commission
officially reminded the Paraguayan authorities of the continuing non-reciprocity situation
vis-à-vis Icelandic nationals by note verbale dated 5 June 2006.
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Assessment
The materialisation of the announced measure needs to be verified and, as necessary,
accompanied by an examination of the appropriate ways forward to ensure full reciprocity.
4
3.2. Singapore
Current situation: visa waiver limited to stays of 30 days, but the stay may be extended
locally by two periods of 30 days.
In its report of 10 January 2006, drawn up on the basis of the information available in
December 2005, the Commission gave a positive assessment of the arrangements applicable
in Singapore (visa waiver on entry for stays of 30 days; simple procedure for two 30-day
extensions), in particular in view of the equal treatment of all nationals exempt from the visa
obligation, the easy procedure for visa-free prolongation of stay and the size of the country.
However, the Commission has since learnt of three additional factors: US and Australian
citizens are eligible for visa waivers for stays of up to 90 days; the length of stay under a visa
waiver varies according to the type of transport used to reach Singapore; local extension of
the stay gives rise to a number of practical problems.
Steps taken to achieve reciprocity
The Commission drew the Singapore authorities’ attention to the new factors mentioned
above by note verbale dated 2 June 2006 and invited them to inform it of the current situation
ahead of its second report.
Assessment
The information subsequently received by the Commission casts doubt on the positive
assessment given in the report of 10 January 2006. The fact that nationals of two third
countries are eligible for a 90-day visa waiver, in particular, is an important factor in the
assessment of the visa waiver arrangements allowed to EU citizens.
A final assessment can be given only once the information to be provided by the Singapore
authorities has been analysed.
3.3. Brunei
Current situation
Visa requirement maintained vis-à-vis nationals of the Czech Republic, Estonia, Finland,
Iceland, Latvia, Lithuania, Malta and Portugal.
Stay under visa waiver limited to 14 days for nationals of Belgium, Cyprus, Denmark, France,
Hungary, Italy, Luxembourg, Norway, Poland, Slovakia, Slovenia, Spain and Sweden.
4
On 27.9.2006 the Commission received a copy of the Presidential Decree No 8065 of 21.8.2006
exempting citizens of Iceland from the visa requirement for a stay up to 90 days. With regard to the date
the communication was received, it has not been possible, due to technical reasons, to change the report
accordingly.
EN 8 EN
Stay under visa waiver limited to 30 days for nationals of Austria, Germany, Greece and the
Netherlands.
The first Commission report stated that “although a visa-free stay of less than 90 days for
citizens of Member States (and with the same period of stay for all Member States’ citizens)
cannot be considered a granting of full reciprocity, Brunei offered to apply as favourable
conditions to all EU citizens as it applies vis-à-vis its closest Asian partners. The equal
treatment between Member States would thus be guaranteed.”
Steps taken to achieve reciprocity
Contacts have been made at technical level. The Commission has been informed that the
problem had been brought to the attention of the Brunei authorities at ministerial level and a
solution to the problem was thought possible.
On receiving no official confirmation of a willingness to take steps towards reciprocity, the
Commission officially reminded the Brunei authorities of the continuation of the above
non-reciprocity situations by note verbale dated 1 June 2006. By note verbale dated 6 July
2006, the Brunei authorities requested a three-week extension of the time-limit for submitting
their views on the subject. By subsequent note verbale dated 10 July 2006, the Brunei
authorities stated that the Government of Brunei agreed in principle to granting a visa waiver
for all Member State nationals for stays of up to 30 days and requested a three-week extension
of the time-limit for informing the Commission when the waiver would enter into force.
Assessment
In the light of the latest note verbale from the Brunei authorities, a solution that would
guarantee all Member State nationals equal treatment appears imminent. A final assessment
cannot be given until the Brunei authorities have demonstrated their intentions.
4. Progress on reciprocity has been made since the report of 10 January 2006
4.1. Canada
Current situation
Visa requirement maintained vis-à-vis nationals of the Czech Republic, Estonia, Hungary,
Latvia, Lithuania, Poland and Slovakia.
In its first report, the Commission commented that Canada had engaged in a dialogue on
establishing a reciprocal visa waiver system, but without any real progress being made. It
noted that the dialogue initiated with Canada must continue but that it should become more
results-oriented. It wanted a transparent process establishing clear benchmarks that led to a
visa waiver for the citizens of all Member States.
Steps taken to achieve reciprocity
Since the first report, numerous meetings have taken place between Canada and the Member
States and between Canada and the Commission.
EN 9 EN
The Canadian authorities have sent the Member States concerned information and data
relating to non-respect of the criteria for visa waiver; they have also expressed their
willingness to clarify further the relevant criteria and conditions to be met.
Further to the numerous meetings referred to above, the Canadian authorities sent the
Commission a letter on 28 June 2006 stating the following:
"…I wish to confirm that Canada is committed to seeing the new Member States achieve visa
exempt status. Furthermore, Canada and the European Commission share a strategic interest
in closer cooperation on international migration. In this context, we are very supportive of
establishing a regular and sustained dialogue with the European Commission.
To move forward on this front we propose a framework for cooperation between Citizenship
and Immigration Canada and the European Commission's Directorate General for Justice,
Freedom and Security…
A key forum under this new framework would be a working group to inform the review of
visa requirements…
Canada is committed to making its visa review process more transparent and to providing the
European Commission and the new Member States with more information on the thresholds
related to visa exemption and imposition. As we discussed at our meeting last May, enhanced
information sharing will contribute significantly to Canada's ability to assess conditions in
member states of the European Union.
As you know, the factors on which visa exemption and re-imposition decisions are currently
based include:
• consistently low rates of refusal of requests for Canadian visas over an extended period
from nationals of the country under review;
• co-operation and information sharing by the country under review on migration and law
enforcement issues such as removals and police investigations;
• low levels of organized crime in Canada linked to the source country;
• low levels of passport abuse or evidence of corruption in the issuance of the country's
documents; and,
• no influx in non-bona fide asylum seekers from the source country or travelling on the
source country's documents.
Citizenship and Immigration Canada is currently working to bring more clarity to these
thresholds…
Finally, I would also like to confirm that Canada has begun consultations to lift the visa
requirement on one new Member State and to receive assurances for enhanced collaboration
on migration integrity efforts. It is Canada's expectation that these consultations will be
completed quickly".
EN 10 EN
Assessment
Although all the non-reciprocity problems with Canada have not yet been resolved, the
Commission considers that the commitments made by the Canadian authorities in their letter
of 28 June and the first concrete step represent tangible progress:
– The contacts between Canada and Estonia since 29 June have resulted in the decision by
the Canadian Government to waive the temporary resident visas for Estonian nationals as
from 27 September 2006. This provides very clear confirmation of the Canadian
Government’s will to meet the common objective of reciprocity with all the Member
States;
– The introduction of a new framework for dialogue on this subject, combined with greater
transparency with respect to the criteria and conditions to be met by the Member States
concerned to be eligible for the visa waiver, will allow them to make more rapid progress
towards achieving that objective.
The Commission does not therefore find at this stage that measures need to be considered
against Canada, having regard to in particular the materialisation of the first commitment by
the Canadian authorities referred to above. Regarding the second commitment, the
Commission will ensure, together with Canada, that any Member State meeting the objective
criteria has the benefit of the visa waiver as soon as possible.
4.2. Australia
Current situation
Australia requires an Electronic Travel Authority (ETA) from nationals of 14 Member States
(Belgium, Denmark, Germany, Greece, Spain, France, Italy, Luxembourg, Malta,
Netherlands, Austria, Portugal, Finland and Sweden), as well as of the associated States of
Iceland and Norway.
An eVisa (e676) is required of the nationals of nine Member States (the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia). Nationals of
three of the above, i.e. Estonia, Latvia and Slovenia, can use the “autogrant facility”.
Steps taken to achieve reciprocity
Further to the findings of its report of 10 January 2006, the Commission has set out, in its
contacts with the Member States and Australia, to examine more closely the reasons put
forward by the Australian authorities to justify maintaining the current electronic visa system
(see point 3.1 in the report of 10 January 2006):
– In the case of three Member States it is not possible to distinguish online between travel
documents issued to EU citizens and those issued to third-country nationals (the structure
of the numbers is the same, regardless of the type of document).
Contacts between the Commission and the Member States have helped confirm that this
online problem concerns only travel documents issued by the Czech Republic. Regarding the
extent of this problem, the Commission must however note that the electronic visa application
forms put online by DIMA (the Department of Immigration and Multicultural Affairs) include
EN 11 EN
a specific heading on citizenship which asks the visa applicant to indicate whether he/she is a
national of the country that issued the passport and, if not, to specify his/her actual citizenship
status.
– Increase in the number of cases of overstay, visa refusal rates, high rate of use of
fraudulent supporting documents
At the beginning of June, DIMA sent the Commission a progress report which explained that
these rates, when compared with the overall average, are valid criteria for assessing
performances in the light of immigration requirements and for deciding whether a Member
State is eligible for the autogrant facility. The progress report includes in the annex a
statistical table showing the three rates over the reference periods 2003-04, 2004-05 and the
second half of 2005.
The table, which relates only to the six Member States whose nationals are subject to the
standard e676 (autogrant facility not allowed), indicates the following:
– Overstay rates
Rates vary from 0.23% to 2.41% and there are marked differences in trends. In two Member
States (Lithuania, Cyprus) the rates have fallen twice, while they have risen twice in another
two (Hungary, Slovakia). In the remaining two Member States, the rate falls then rises in one
case (Czech Republic) and vice versa in the other (Poland).
– Visa refusal rates
The refusal rate for nationals of each Member State concerned has fallen twice until all were
below the overall refusal rate for 2005-2006.
– Visa cancellation rate
The rates are very low, or insignificant in some cases: the rate is 0.00% in the case of four
Member States for each of the three reference periods; in the case of one Member State, the
rate is 0.00% in two reference periods and 0.01% in the other; the rate has progressed steadily
in the case of one Member State only, rising from 0.00% to 0.02%, then to 0.03%.
– High rate of fraudulent use of supporting documents
The Australian authorities have not provided any further information on this subject.
Conclusions of the Australian authorities:
– in view of the Czech Republic’s performance against the overall average for the three
relevant criteria, extension of the autogrant facility to its nationals can be considered.
However, DIMA notes that the extension is subject to a number of outstanding points
being resolved with the Czech Republic;
– in the case of the other five Member States, although progress has been observed over the
latest reference period, it is insufficient to envisage the extension of the autogrant facility;
– technical improvements will be made to the autogrant facility over the next six months so
as to reduce the number of supporting documents that need to be presented.
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By letter dated 28 August 2006, the Australian Minister for Immigration and Multicultural
Affairs supplied some additional information:
"Australian Government has developed a strategy for implementation of a number of
measures over the next few years to achieve uniformity of visa arrangements for all EU
member states, involving:
– As an initial step, a series of improvements to Australia's electronic Tourist visa service
(e676), to be implemented in early 2007, to reduce the length of the online application
form and the additional documentation that is sometimes required from applicants.
– From 1 July 2007, the elimination of the visa application charge for three-month e676 and
short stay business visitor visas for new EU member states.
– Extension of the e676 autogrant facility to new EU member states, as they achieve
compliance levels at or below the global average of compliance with Australia's visa
requirements…
– In 2008, implementation of a new electronic visa service for tourists and business visitors
(eVisitors) that will merge the internet platform of the Electronic Travel Authority (ETA)
and the e676 service. This new service will have uniform application across the EU, and
carries no visa application charge…
– The Australian Government will also examine technical options to move to a single
platform for issuing tourist and business visitor visas that would apply across the EU, for
implementation when a technical solution is identified."
There was a meeting with the Australian authorities on 29 August 2006 in relation to this
information.
Assessment
The prospect of the forthcoming extension of the autogrant facility to Czech nationals
represents undeniable progress which the Commission welcomes even if it is conditional. The
technical improvements to be made to the e676 service over the coming months are likely to
make life easier for visa applicants but the details are still awaited. However, the
announcement in the letter from the Minister for Immigration and Multicultural Affairs of the
dropping of the visa application charge for the e676 service from July 2007 is a real move
towards the restoration of equal treatment for all Member States. Also, the plans referred to in
the Australian authorities’ information sketch out the conditions, steps and timetable for full
restoration of equal treatment for citizens of all Member States by 2008 with the introduction
of the new single eVisitors platform merging the ETA and e676 services.
Overall the Commission believes that it is not necessary at the present stage to envisage any
measures against Australia. However, the development of the conditions for the granting of
visas must continue to be monitored until the launching of the eVisitors platform, in particular
as regards the actual introduction within a reasonable time of the improvements announced by
the Australian authorities (simplification of the e676 service, provision of the autogrant
facility, introduction of a single platform applying to all the Member States).
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5. No progress has been made on reciprocity since the report of 10 January 2006
5.1. United States of America
Current situation
Visa requirement maintained for nationals of the Czech Republic, Greece, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland and Slovakia.
In its first report, the Commission recognised the US commitment at the highest political level
to the VWP (Visa Waiver Program) roadmap process. Considering the reaction of Member
States and the realities of US visa policy, the Commission believes that the VWP roadmap
process could be an adequate means for ensuring visa exemption for all EU citizens in the
medium term and is willing to endorse this approach.
However, to make this approach fully effective, greater specificity and consistency is needed
in setting goals and measurements in these roadmaps. This has been accepted by the US
administration within the framework of the Joint EU-US Work Programme of November
2005 in view of the implementation of the economic initiative of the June 2005 EU-US
Summit: one of the objectives is to “establish clear and comprehensive Country Road Map
processes for all non-Visa Waiver Program EU Member States providing a pathway for non-
VWP EU Member States to meet the requirements and to join the US VWP”.
Steps taken to achieve reciprocity
Since this first meeting, several meetings have taken place between the United States and the
Member States concerned as well as between the United States and the Commission, notably
at the EU-US Summit in Vienna on 21 June. However, there are as yet no signs of tangible
progress:
– the roadmaps have not been modified to make them more comprehensive and
country-specific, with appropriate benchmarks and a timetable;
– unallayed concerns remain regarding the data used to support the US position, in particular
with regard to overstay and visa refusal rates; although the criteria established by Congress
are acceptable, the manner in which they are applied is not: visa refusal rates are, by
definition, a matter for the United States consular authorities; yet the Member States
concerned receive no information on the reasons for refusing visas; on the subject of
overstay rates, the United States does not currently possess a system for recording entries
and exits from its territory and therefore has no reliable factual data;
– the US authorities are not prepared to consider facilitations in the procedure for issuing
visas (e.g. in relation to the amount of the fee paid as a transitional measure). However,
according to unofficial information that reached the Commission recently, it would appear
that the US authorities are considering the possibility of allowing Member State nationals
to submit their visa applications via the internet.
It should be noted that an amendment was lodged during a debate in Congress on the new
immigration law that would allow the Visa Waiver Program to be extended to certain Member
States, subject to certain conditions being met. It is too early to judge the chances of the
amendment becoming law. However, this initiative would not solve the question of extension
of VWP.
EN 14 EN
In addition, in a letter to the Commission dated 17 August 2006, the US authorities explained
that they:
"…reemphasize that membership in the VWP is predicated on compliance with an array of
statutorily established requirements that may need clarification, but cannot be waived or
suspended. At present, none of the non-VWP EU Member States meets all the statutory
criteria for designation in the program. Such criteria include, among others, a rate of refusals
on applications for non-immigrant visitor visas of less than 3 percent, the issuance of
biometric passports, and the timely reporting of lost and stolen passports to the U.S.
Government.
We believe the roadmap process is progressing as intended as a key instrument of shared
information and constructive cooperation between the United States and the EU Member
States actively seeking admission to the VWP. The roadmap process has already yielded
improvements in terms of greater awareness of the indicators - for example, visa overstays -
that impact a country's VWP eligibility. Moreover, the bilateral working groups tasked with
the implementation of the roadmaps have now received and discussed issue-specific guidance
on areas such as document integrity and security, and naturalization, citizenship, and
residency issues that will be subject to evaluation in any future review for initial designation
in the VWP. Additional guidance on critical issues impacting U.S. homeland security interests
- border controls, lost and stolen passports, and cooperation on law enforcement and security
issues - is forthcoming.
We respectfully ask that the Commission take note of the progress achieved to date by the
roadmap process and convey to the Member States seeking VWP status DHS's commitment
to continue to provide to each of them advice and technical assistance on the program's
objectives, requirements, and evaluation criteria."
Assessment
It therefore appears that there is no solution in sight to the non-reciprocity situations
concerned. No results-oriented dialogue has yet begun. The message conveyed in the letter of
17 August is no more than confirmation of an undertaking already given in the first report.
The possibility of allowing nationals of a Member State to submit visa applications via the
internet could be a new factor not hitherto mentioned by the US authorities in their contacts
with the Commission. It remains to be seen whether this measure is actually put into practice.
In any case, as it appears to be envisaged, it would not alter the Commission’s assessment of
the current situation.
In the light of the above, the Commission believes that appropriate steps vis à vis the United
States could be envisaged, for example, temporarily restoring the visa requirement for US
nationals holding diplomatic and duty/official passports, in order to expedite progress towards
reciprocity.
EN 15 EN
III. CONCLUSION
The Commission considers that the dialogue with third countries under the new reciprocity
mechanism has already proven effective. The steady and significant fall in the number of
“non-reciprocity situations” (cases where a third country maintains a visa requirement for
nationals of a Member State) is a remarkable success in the Commission's opinion
5
.
However, progress remains stalled with one third country (United States) while the situation
is evolving with regard to Australia, Canada and Brunei. The future developments with these
countries will determine the reflection on the appropriate approach that would allow for
further and concrete progress towards the realisation of reciprocity.
In view of the importance of achieving full reciprocity, the Commission hereby announces its
intention to report to the European Parliament and Council again by not later than 31 March
2007 and to make, where appropriate, concrete proposals if the non-reciprocity situations
persist, although formally, under Article 1(5) of the EC Regulation, it is not obliged to present
such a report until 30 June 2008.
5
See Annexes 1A and 1B of the report on reciprocity of 10.1.2006.
