EU gives US six months to come clean on visa policy


EXCLUSIVE / The European Commission has told the United States to lift visa requirements on Poland, Romania, Bulgaria, Cyprus and Croatia, whose citizens still need an entry permit to travel to the country.

The citizens of most EU countries travel without visas to a list of foreign countries, listed in annex II of Council Regulation No 539/2001.

But the nationals of some new EU member states still need a visa to travel to countries such as the United States, Canada or Australia.

A regulation which entered into force on 20 December requires EU countries to "react in common" on visa matters, especially in cases where foreign countries "subjects [EU] citizens to differing treatment”.

If within six months the problem is not solved, the EU could introduce visas for US diplomats, the Commission warned.

But diplomats of the countries concerned told EurActiv they would continue to negotiate bilaterally to solve the problem.

New EU regulation on visa matters

According to the new regulation, the Commission can temporarily suspend the EU's own visa exemptions on foreign countries if they have not lifted their visa requirements within six month.

The Commission has warned in the past that such rules may force American diplomats to apply for visas to travel to the European Union, if Washington doesn’t lift the visa requirement for individual EU countries (see background).

The new legislation is an initiative of the European Parliament, which in a 2012 report drew a list of third countries maintaining visa requirements on some EU countries.

Canada requires visas for nationals of Bulgaria and Romania, while Australia in theory applies a unified system of treatment of visa requests to all EU countries, but its visa grant to nationals of Bulgaria and Romania is by far the lowest.

According to MEPs, the Lisbon Treaty gives new powers to the Union to request that its member countries are treated as a whole and that the USA reciprocates on visa policy.

US pressure on data exchange

The four EU countries were reportedly asked by Washington to sign certain bilateral agreements as a precondition for benefitting from the US Visa Waiver Program.

One of them is a 2003 provision for the exchange of terrorism screening information (HSPD-6), which called for the establishment of a single consolidated watchlist to improve the identification, screening, and tracking of known or suspected terrorists and their supporters [more].

Another is the agreement on Preventing and Combating Serious Crime (PSCS), requiring signatory countries to share biometric and other data of individuals, for the purpose of preventing, detecting and investigating serious criminal activity and terrorism, on a query basis. The US has signed such agreements with a number of EU countries already.

But the European Commission is reportedly not happy that individual countries sign data exchange agreements with the USA in the absence of a so-called EU-US Umbrella Agreement on data protection, which ensures EU citizens keep their rights when their data is processed in the US.

Diplomats from the countries lacking reciprocity in their visa affairs told EurActiv that their capitals would notify the Commission of their situation with third countries before the deadline of 9 February.

According to the new regulation, if the US still applies visas for those countries 90 days following notification, the Commission may decide to suspend EU visa exemption for “certain categories of US nationals”, a jargon term referring to holders of diplomatic passports.

However, diplomats said they would pursue bilateral negotiations as well, suggesting they did not put too much hope in the EU common effort.

Indeed, when the new regulation was adopted in December, it was accompanied by a statement by several member states who said that while raising the issue, the EU countries would also “take into account potential adverse political consequences that might arise from such proposals or decisions for the external relations, both of the Union and its Member States”.

“This applies in particular to external relations with strategic partners,” says the statement, signed by Belgium, Germany, Estonia, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Portugal, Slovenia, Slovakia, Finland, Sweden, but also Poland, a country under US visa requirement.

  • 9 Feb.: Deadline for the EU countries who are still under visa requirement to notify the Commission on their situation;
  • March: EU countries can ask the Commission that the EU suspends the visa exemption for certain categories of US nationals;
  • June: At the latest six months after publication of the regulation, the Commission may decide that the suspension of the visa obligation should take effect.
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John's picture

Always threatening and always wasteful. Expanding the EU without consulting the implications with trading partners is bad policy.

adela's picture

Why not introduce Visa for Americans who travel in Poland, Romania, Bulgaria, Cyprus and Croatia till US clean their visa policy for that countries? it would be fair.

bogdan's picture


Romanians and Bulgarians they even need a transit visa in Australia on the way to New Zealand for example. Though you dont leave the tranzit area of the airport you still need to obtain that visa and go through all the immigration process otherwise you are not allowed to board the flight. It s something unheard and we are probably the last 2 countries on earth to get this embarrassing treatment.


Marcel's picture


gabi's picture

@Marcel: Please, do not use all capitals in your coments. It's like yelling at soemone, it is anoying. On the other hand, the EU did not wake up, most member states do not want to suspend the exemption, just because four of them still need visas (read the last paragraph). And let's face it, there are huge problems with corruption, at least in Romania (with this I am familiar), and until it is not solved, no wonder that visas are required. Until people keep voting ex-communists who try their best to hide all their crimes erase their informant past and keep their people out of the reach of law and prison, things will not change. And I think this is completely normal. I don't want my fellow Romanians to go to other contries, commit crimes just to give more reason for foreigners to generalize and hate all Romanians.

Bulgarian's picture

The EU has dubble-standarts for its citizens, depending on where in Eu they are born.The politics of Briuxel are addressed for the "old" members and nobody ceares about the others.Bulgaria is a 1400 years old country and IS in Europe.The fact that the"great forces"decided to put us in the communist part of Europe by the Berlin wall dos not make us in any way second hand.

Bulgarian's picture

I wonder for what reason we are in a union that is not fighting for our rights the same way as for the"old members".This is a dubble-standart for the different countrys.This explains way Ukraine dos not want to get in such"Union".Maybe we have made a mistake thinking that we will be treated the same as the others and this from countrys that colonized half the world.

bogdan's picture

we have to be honest with ourselves and understand that in some points we can not be treated equal as we are not at equal level of will eventually happen but is a long process and I belive both of us romanians and bulgarians we can see results. Brussels dont treat us from the history books to see that tracian people are older like ancient greece or more they treat us by economic and justice level of development and there is still lot of work to do in here. We need pacience and trust in EU. We have to think of the future of our childrens. East of Europe has great energy and desire in the young generations for work and growth as west has only desire for fun and parties.Is just a matter of time to get to the same level or even greater though maybe we ll not live long enough to see it.

bogdan's picture

most important is to stick together and fight euroscepticism that is growing all over Europe now. Globalisation is not waiting for european states to go over their testosteron, frustrations and stupid nationalism. It s a process that started since the beginnig of humankind, groups joining together and get tribes, tribes to make regions, regions to make countries, countries to make superpowers and eventually all planet end up under the same social sistem etc etc. Like it or not this is the future, natural evolution, expansion in the univers etc...but this is a different topic..

If not together Europe and life style of western world is like a plate with cookies in front of hungry big babies like Russia and China ( silly comparition I was thinking of my kids and nephewes finishing a plate with home made cookies :) we will go easy one by one under the east corrupt influence and farewell democracy, freedom of expresion, of speach, of travel etc etc. So pacience and look to the future cos it s ours to build it :)

Bulgarian's picture

Bogdan,I am sorry to sey it but if you really think like that,you probably do not live here.Just to let you know the young and educated generetion has left the contry already and now works for the economy of "Rich old members"-ower doctors amd menagers.The fact that we have been under osman rule for 500 years when most of these countrys had colonis from which they took tones of gold,silver and other goods,by theway by African SLAVES.Every thinking man knows that these countrys are not rich by working from sunrise and we can never rich the level of there economy with no help.Maybe you know how much Western Germany invested in Estern Germany and they still cant get to the same level of development.