Explanatory Memorandum to COM(2007)421-1 - Signature of the Agreement with Macedonia on the facilitation of issuance of short-stay visas - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2007)421-1 - Signature of the Agreement with Macedonia on the facilitation of issuance of short-stay visas. |
|---|---|
| source | COM(2007)421  |
| date | 18-07-2007 |
The importance of a dialogue on visa issues, for the former Yugoslav Republic of Macedonia as well as for all the other Western Balkan countries, was reaffirmed in the conclusions of the EU-Western Balkans Summit held in Thessaloniki on 21 June 2003, which confirmed also the European perspective of the countries of the Western Balkans. As concerns the visa issues, the “Thessaloniki agenda” confirmed that the perspective of visa liberalisation for the Western Balkan countries is a long-term goal linked to the progress of the countries concerned in implementing major reforms in areas such as the strengthening of the rule of law, combating organised crime, corruption and illegal migration and the strengthening of their administrative capacity in border control and security of documents.
Given the status of candidate country granted by the European Council decision of December 2005, the authorities of the former Yugoslav Republic of Macedonia focused their interest on the possibility of obtaining facilitation of short-stay visa issuing procedures for its citizens as an immediate, transitional step towards the lifting of the visa obligation which remains a medium-term perspective.
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.
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.
Following the authorization given by the Council to the Commission on 13 November 2006, negotiations with the former Yugoslav Republic of Macedonia on the facilitation of the issuance of short-stay visas were opened in Brussels on 30 November 2006, back-to-back with the continuation of negotiations on a readmission agreement. Two further rounds of negotiations were held on 26 January 2007 and on 12 April 2007 in Brussels, in parallel ("back-to-back") with negotiations on an EC-the former Yugoslav Republic of Macedonia readmission agreement. Moreover, formal negotiations were occasionally prepared by informal expert meetings.
At the last formal round on 12 April 2007, the final texts of the visa facilitation and readmission agreements were initialled at technical level.
The European Commission has already negotiated a visa facilitation agreement with two third countries (the Russian Federation and Ukraine). The experience acquired in previous negotiations has been useful for the negotiations with the former Yugoslav Republic of Macedonia.
Member States have been regularly informed and consulted in relevant Council Working groups and committees at all stages of the negotiations.
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 Article 300 i TEC.
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 former Yugoslav Republic of Macedonia. In this respect, the draft agreement on visa facilitation states in Article 1 i that if the former Yugoslav Republic of Macedonia would reintroduce the visa requirement for EU citizens, the same facilitations granted under the agreement to the citizens of the former Yugoslav Republic of Macedonia 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, which has also taken into account the status of candidate country granted to the former Yugoslav Republic of Macedonia, 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 citizens of the former Yugoslav Republic of Macedonia shall amount to €35. This fee will be applied to all visa applicants from the former Yugoslav Republic of Macedonia 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, journalists, representatives of the religious communities, representatives of civil society, members of the professions, members of train crews, pensioners, children under the age of 6, drivers conducting international cargo and passenger transportation services, humanitarian cases and persons participating in cultural, educational exchange programmes and sport or cultural events;
- the documents to be presented regarding the purpose of the journey have been simplified for some categories of persons: close relatives, business people, members of official delegations, students, participants in scientific, cultural and sporting events, journalists, persons visiting military and civil burials, representatives of the religious communities, representatives of civil society, members of the professions, drivers conducting international cargo and passenger transportation services, persons visiting for medical reasons and tourists in organized trips. 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 Government, Parliament, Constitutional Court, Supreme Court, Judiciary Council and Public Prosecutors Council, permanent members of official delegations and spouses and children visiting citizens of the former Yugoslav Republic of Macedonia legally residing in the Member States, journalists, business people and representatives of the religious communities: visa valid up to five years (or shorter, limited to the period of the validity of their mandate or authorisation for legal residence);
b) participants in scientific, cultural, official exchange programmes and sport events, students, representatives of civil society, members of the professions, professional drivers and train crews, persons visiting for medical reasons, and other persons provided that during the previous year they have made good use of the 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 former Yugoslav Republic of Macedonia who are holders of valid diplomatic passports are exempted from the visa requirement for short-stays;
- for citizens of the former Yugoslav Republic of Macedonia who are holders of valid service passports the bilateral Agreements signed before 1 January 2007 continue to apply for a period of 5 years. A Declaration attached to the Agreement provides the assessment of the service passports system at the latest 2 years after the entry into force of the Agreement;
- 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 citizens of the former Yugoslav Republic of Macedonia 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 N°895/2006/EC for covering Bulgaria and Romania is added;
- a joint Declaration is attached to the Agreement on the perspective on mutual visa free travel regime;
- a joint Declaration is attached to the Agreement on the fees for processing visa applications announcing the assessment of this issue after the adoption by the EP and the Council of the Community Code on visas;
- 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 requests formulated by the former Yugoslav Republic of Macedonia, European Community Declarations are attached to the Agreement on facilitations for family members (not covered by the legally binding provisions of the Agreement).
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 former Yugoslav Republic of Macedonia on the facilitation of the issuance of short-stay visas.
COUNCIL DECISION
on the signature of the Agreement between the European Community and the former Yugoslav Republic of Macedonia 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 13 November 2006, the Council authorised the Commission to negotiate an agreement between the European Community and the former Yugoslav Republic of Macedonia regarding the facilitation of the issuance of short-stay visas.
Negotiations on the agreement were opened on 30 November 2006 and concluded on 12 April 2007.
Subject to its possible conclusion at a later date, the Agreement initialled in Brussels on 12 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 former Yugoslav Republic of Macedonia 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
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