Explanatory Memorandum to COM(2007)488-2 - Conclusion of the Agreement with Moldova on the facilitation of issuance of short-stay visas - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2007)488-2 - Conclusion of the Agreement with Moldova on the facilitation of issuance of short-stay visas. |
|---|---|
| source | COM(2007)488  |
| date | 03-09-2007 |
The legal basis for the EU-Moldova relationship is the Partnership and Cooperation Agreement (PCA) , which has been signed on 28 November 1994 and entered into force on 1 July 1998. The PCA sets out the structure for regular political dialogue between the parties.
Following the adoption of the EU-Moldova European Neighbourhood Policy (ENP) Action Plan in February 2005, the Republic of Moldova is an ENP partner country. With the membership of Romania, the Republic of Moldova shares borders with the Union. This ENP Action Plan provides the basis for substantially intensified cooperation between the EU and the Republic of Moldova on justice and home affairs issues.
During these frequent contacts the Moldovan authorities very often indicated the importance they attach to people-to-people contacts and visa issues; in this respect the Moldovan authorities provided a number of non-papers on its JLS related developments.
In the framework of the EU-Moldova European Neighbourhood Action Plan, an ad hoc technical meeting on the possibilities of visa facilitation in accordance with the Schengen acquis was organized with the Moldovan authorities on 7 June 2006.
For the European Community, visa facilitation agreements represent a new instrument in the framework of the European short-stay visa policy: in the Hague Programme, the Council and the Commission are invited to examine with a view to developing a common approach “whether in the context of the EC readmission policy it would be opportune to facilitate, on a case by case basis, the issuance of short-stay visas to third-country nationals, where possible and on a basis of reciprocity, as part of a real partnership in external relations, including migration-related issues”. The EU developed and used this instrument for the first time in its relations with the Russian Federation and with Ukraine and later also with Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro and Serbia.
In December 2005, at the level of Coreper, Member States agreed on a common approach for the development of the EU policy on visa facilitation and identified key elements to be taken into account when deciding to open negotiations on visa facilitations with third countries.
The JHA Council of 24 July 2006 invited the Commission to undertake consultations with Member States within the relevant Council preparatory bodies on the possibility of initiating negotiations on visa facilitation and readmission agreements with the Republic of Moldova. Following this invitation the Commission prepared a non-paper analysing the criteria set out in the common approach on visa facilitation and undertook consultations with the Member States within the relevant Council working groups. These consultations had a positive outcome.
Following the authorization given by the Council to the Commission on 19 December 2006, negotiations with the Republic of Moldova on the facilitation of the issuance of short-stay visas were opened in Brussels on 9 February 2007, back-to-back with the negotiations on a readmission agreement. However, at that meeting the Moldovan authorities declared that they did not want to negotiate on visa facilitation but on visa liberalization. Nevertheless after several demarches with the Moldovan authorities, negotiations were continued and one further round of negotiations was held on 17 April 2007 in Brussels and in parallel ("back-to-back") with negotiations on an EC-Republic of Moldova readmission agreement. This round of formal negotiations was prepared by two informal expert meetings.
On 25 April 2007, the final texts of the visa facilitation and readmission agreements were initialled in Chisinau.
The European Commission has already negotiated a visa facilitation agreement with seven third countries (the Russian Federation, Ukraine, Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro and Serbia). The experience acquired in previous negotiations has been useful for the negotiations with the Republic of Moldova .
Member States have been informed and consulted twice in the regional Council Working group after the formal round of negotiations on 17 April.
On the part of the Community, the legal basis for the Agreement is Article 62(2)(b), in conjunction with Article 300 TEC.
The attached proposals constitute the legal instruments for the signature and conclusion of the Agreement. The Council will decide by qualified majority. The European Parliament will have to be formally consulted on the conclusion of the Agreement, in accordance with Art. 300 i EC Treaty.
The proposed decision concerning the conclusion sets out the necessary internal arrangements for the practical application of the Agreement. In particular, it specifies that the European Commission, assisted by experts from Member States, represents the Community within the Joint Committee set up by Article 12 of the Agreement.
Under Article 12 i, the Joint Committee may adopt its own rules of procedure. The Community position in this regard shall be established by the Commission in consultation with a special committee designated by the Council.
European citizens are exempt from the visa obligation by the Republic of Moldova as of 1 January 2007. In this respect, the draft agreement on visa facilitation states in Article 14 that if the Republic of Moldova would reintroduce the visa requirement for EU citizens, the same facilitations granted under the agreement to the citizens of the Republic of Moldova would apply automatically, on the basis of reciprocity, to EU citizens.
The Commission considers that the objectives set by the Council in its negotiating directives were attained and that the draft visa facilitation agreement is acceptable to the Community.
The final content of it can be summarised as follows:
- in principle, for all visa applicants, a decision on whether or not to issue a visa will have to be taken within 10 calendar days. This period may be extended up to 30 calendar days when further scrutiny is needed. In urgent cases, the period for taking a decision may be reduced to two working days or less;
- the visa fee for processing applications of Moldovan citizens shall amount to 35 €. This fee will be applied to all Moldovan visa applicants and concerns both single and multiple-entry visas. Moreover, certain categories of persons benefit from a full waiving of the visa fee: close relatives, officials participating in government activities, students, disabled persons, humanitarian cases, persons participating in cultural, educational exchange programs and sport or cultural events, journalists, children under the age of 18 and dependent children under the age of 21, pensioners, drivers conducting international cargo and passenger transportation services, and members of the professions;
- the documents to be presented regarding the purpose of the journey have been simplified for some categories of persons: members of official delegations, members of the professions, business people, drivers conducting international cargo and passenger transportation services, members of train crews, journalists, participants in scientific, cultural and sporting events, students, participants in exchange programs, close relatives, representatives of civil society, persons visiting for burial ceremonies, persons visiting military and civil burial grounds and persons visiting for medical reasons. For these categories of persons, only the documents listed in the agreement can be requested for justifying the purpose of the journey. No other justification, invitation or validation provided for by the legislation of the Member States is required;
- there are also simplified criteria for issuing multiple-entry visas for the following categories of persons:
a) for members of national and regional Governments and Parliaments, Constitutional Court and Supreme Court, permanent members of official delegations, spouses and children visiting citizens of the Republic of Moldova legally residing in the Member States, business people and journalists: visas valid up to five years (or shorter, limited to the period of the validity of their mandate or authorisation for legal residence);
b) members of official delegations, representatives of civil society, members of the professions, drivers conducting international cargo and passenger transportation services, train crews, participants in scientific, cultural, official exchange programs and sport events and students provided that during the previous two years they have made good use of a 1 year multiple-entry visa and the reasons for requesting a multiple-entry visa are still valid: visas valid for a minimum of 2 years and a maximum of 5 years are issued;
- citizens of the Republic of Moldova who are holders of valid diplomatic passports are exempted from the visa requirement for short-stays;
- a protocol was agreed stating that Member States that do not fully apply the Schengen acquis yet, may unilaterally recognise Schengen visas and residence permits issued to Moldovan citizens for the purpose of transit through their territory in accordance with European Parliament and Council Decision N°895/2006/EC of 14 June 2006 i. A reference to the future amendment of the Decision (EC) 895/2006 for covering Bulgaria and Rumania is added;
- a European Community Declaration is attached to the Agreement on access of visa applicants to information and harmonisation of information procedures for issuance of short-stay visas;
- replying to the specific request formulated by the Republic of Moldova, a European Community Declaration is attached to the Agreement on representation and the Common Application Centre in Chisinau.
For all issues that are not covered by the Agreement the normal Schengen rules or national law continue to apply, such as the refusal of the visa, recognition of travel documents, proof of sufficient means of subsistence, the possibility in the case of doubts to invite applicants for a personal interview in individual cases but also the already existing flexibilities for bona fide travellers.
The specific situations of Denmark, the United Kingdom and Ireland are reflected in the preamble and in two joint declarations attached to the Agreement. The close association of Norway and Iceland to the implementation, application and development of the Schengen acquis is likewise reflected in a joint declaration to the Agreement.
Since the two agreements on visa facilitation and readmission are linked, both agreements should be signed, concluded and enter into force simultaneously.
In the light of the above-mentioned results, the Commission proposes that the Council
- decide that the Agreement be signed on behalf of the Community and authorise the President of the Council to appoint the person(s) duly empowered to sign on behalf of the Community;
- approve, after consultation of the European Parliament, the attached Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of short-stay visas.
COUNCIL DECISION
on the signature of the Agreement between the European Community and the Republic of Moldova on the facilitation of issuance of short-stay visas
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(b)(i) and (ii), in conjunction with the first sentence of the first subparagraph of Article 300 i thereof,
Having regard to the proposal from the Commission i,
Whereas:
By its decision of 19 December 2006, the Council authorised the Commission to negotiate an agreement between the European Community and the Republic of Moldova regarding the facilitation of the issuance of short-stay visas.
Negotiations on the agreement were opened on 9 February 2007 and concluded on 17 April 2007.
Subject to its possible conclusion at a later date, the Agreement initialled in Chisinau on 25 April 2007, should be signed…..
In accordance with the Protocol on the position of the United Kingdom and Ireland, and the Protocol integrating the Schengen acquis into the framework of the European Union, the United Kingdom and Ireland do not take part in the adoption of this Decision and are therefore not bound by it or subject to its application.
In accordance with the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is therefore not bound by it or subject to its application
HAS DECIDED AS FOLLOWS:
Subject to a possible conclusion at a later date, the President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community, the Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of short-stay visas and the related documents consisting of the text of the agreement, a Protocol and the declarations.
Done in Brussels, the………..of…………2007.
The President