Annexes to COM(2007)421-1 - Signature of the Agreement with Macedonia on the facilitation of issuance of short-stay visas

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dossier COM(2007)421-1 - Signature of the Agreement with Macedonia on the facilitation of issuance of short-stay visas.
document COM(2007)421 EN
date July 18, 2007
ANNEX

PROTOCOL TO THE AGREEMENT ON THE MEMBER STATES THAT DO NOT FULLY APPLY THE SCHENGEN ACQUIS

Those Member States which are bound by the Schengen acquis but which do not issue yet Schengen visas, while awaiting the relevant decision of the Council to that end, shall issue national visas the validity of which is limited to their own territory.

These Member States may unilaterally recognize Schengen visas and residence permits for the transit through their territory, in accordance with European parliament and Council Decision No 895/2006/EC of 14 June 2006.

As European Parliament and Council Decision No 895/2006/EC of 14 June 2006 does not apply to Romania and Bulgaria; similar provisions will be proposed by the European Commission in order to enable these countries to unilaterally recognize Schengen visas and residence permits and other similar documents issued by other Member States not yet fully integrated into the Schengen area for the purpose of transit through their territory.

JOINT DECLARATION ON THE PERSPECTIVE ON MUTUAL VISA FREE TRAVEL REGIME

In accordance with the conclusions of the EU-Western Balkans Summit held in Thessaloniki on 21 June 2003 the visa facilitations provided under this Agreement shall represent a transitional phase towards visa free travel regime for the citizens of the former Yugoslav Republic of Macedonia.

The visa free travel regime will be introduced for the citizens of the former Yugoslav Republic of Macedonia, on the basis of positive assessment of the country’s achievements in implementing relevant reforms and in accordance with the procedures and criteria provided for in the Council Regulation 539/2001 of 15 March 2001.

JOINT DECLARATION CONCERNING DENMARK

The Parties take note that the present Agreement does not apply to the procedures for issuing visas by the diplomatic missions and consular posts of the Kingdom of Denmark.

In such circumstances, it is desirable that the authorities of Denmark and of the former Yugoslav Republic of Macedonia conclude, without delay, a bilateral agreement on the facilitation of the issuance of short-stay visas in similar terms as the Agreement between the European Community and the former Yugoslav Republic of Macedonia.

JOINT DECLARATION CONCERNING THE UNITED KINGDOM AND IRELAND

The Parties take note that the present Agreement does not apply to the territory of the United Kingdom and Ireland.

In such circumstances, it is desirable that the authorities of the United Kingdom, Ireland and the former Yugoslav Republic of Macedonia, conclude bilateral agreements on the facilitation of the issuance of visas.

JOINT DECLARATION CONCERNING ICELAND AND NORWAY

The Parties take note of the close relationship between the European Community and Norway and Iceland, particularly by virtue of the Agreement of 18 May 1999 concerning the association of these countries with the implementation, application and development of the Schengen acquis.

In such circumstances, it is desirable that the authorities of Norway, Iceland and the former Yugoslav Republic of Macedonia conclude, without delay, bilateral agreements on the facilitation of the issuance of short-stay visas in similar terms as the Agreement between the European Community and the former Yugoslav Republic of Macedonia.

JOINT DECLARATION CONCERNING SWISS CONFEDERATION AND LIECHTENSTEIN ( if needed)

If the Agreement between the EU, the EC and the Swiss Confederation concerning the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis and the Protocols to this Agreement concerning Liechtenstein has entered into force by the time negotiations with the former Yugoslav Republic of Macedonia have concluded, a similar declaration will also be made in respect of Switzerland and Liechtenstein.

EUROPEAN COMMUNITY DECLARATION ON REVIEWING THE VISA REQUIREMENT FOR HOLDERS OF SERVICE PASSPORTS

As the exemption of the holders of service passports from the visa requirement provided in bilateral Agreements or arrangements between individual Member States and the former Yugoslav Republic of Macedonia which have been signed before 1 January 2007 shall only continue to apply for a period of 5 years from the entry into force of this Agreement without prejudice to the right of the Member States concerned or the former Yugoslav Republic of Macedonia to denounce or suspend these bilateral agreements during this period of 5 years, the European Community will reassess the situation of the holders of service passports at the latest 2 years after the entry into force of this Agreement, in view of a possible amendment of the Agreement to that end in accordance with the procedure provided in Article 14(4).

EUROPEAN COMMUNITY DECLARATION ON ACCESS OF VISA APPLICANTS AND HARMONISATION OF INFORMATION ON PROCEDURES FOR ISSUING SHORT-STAY VISAS AND DOCUMENTS TO BE SUBMITTED WHEN APPLYING FOR SHORT-STAY VISAS

Recognizing the importance of transparency for visa applicants, the European Community recalls that the legislative proposal on the recast of the Common Consular Instructions on visas for the diplomatic missions and consular posts has been adopted on 19 July 2006 by the European Commission and currently under discussions between the European Parliament and the Council, addresses the issue of conditions of access of visa applicants to diplomatic missions and consular posts of the Member States.

Regarding the information to be provided to visa applicants the European Community considers that appropriate measures should be taken:

- In general, to draw up basic information for applicants on the procedures and conditions for applying for visas and on their validity.

- The European Community will draw up a list of minimum requirements in order to ensure that applicants from former Yugoslav Republic of Macedonia are given coherent and uniform basic information and are required to submit, in principle, the same supporting documents.

The information mentioned above including the list of accredited travel agencies and tour operators in the framework of local consular cooperation is to be disseminated widely (on the notice boards of consulates, in leaflets, on websites etc.).

Diplomatic missions and consular posts of the Member States shall organise themselves in such a way that an appointment for submitting the visa application and the relevant supporting documents can be ensured within a reasonable period of time.

The diplomatic missions and consular posts of the Member States shall provide information about existing possibilities under the Schengen acquis for facilitation of the issuing of short-term visas including on the simplification of document requirements on a case-by-case basis, and in particular for bona fide applicants.

POLITICAL DECLARATION FROM BULGARIA ON LOCAL BORDER TRAFFIC

The Republic of Bulgaria declares its willingness to enter into negotiations of bilateral agreement with the former Yugoslav Republic of Macedonia for the purpose of implementing the local border traffic regime established by the EC Regulation No 1931/2006 of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention .

EUROPEAN COMMUNITY DECLARATION ON FACILITATIONS FOR FAMILY MEMBERS

The European Community takes note of the suggestion of the former Yugoslav Republic of Macedonia to give a wider definition to the notion of family members that should benefit from visa facilitation as well as of the importance that the former Yugoslav Republic of Macedonia attaches to the simplification of movement of this category of persons.

In order to ease the mobility of an extended number of persons which have family links (in particular sisters and brothers and their children) with citizens of the former Yugoslav Republic of Macedonia legally residing in the territories of Member States, the European Community invites the Member States' consular offices to make full use of the existing possibilities in the "acquis communautaire" for facilitating the issuance of visas to this category of persons, including in particular, the simplification of documentary evidence requested for the applicants, exemptions from handling fees and where appropriate the issuing of multiple entry visas.

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[1] OJ L167, 20.6.2006, p.1.

[2] OJ C, p. .

[3] OJ C…

[4] OJ C…

[5] The date of entry into force of the Agreement will be published in the Official Journal of the European Union [by the General Secretariat of the Council].