Explanatory Memorandum to COM(2009)53-1 - Signature and provisional application of the Agreement with Saint Kitts and Nevis on the short-stay visa waiver - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2009)53-1 - Signature and provisional application of the Agreement with Saint Kitts and Nevis on the short-stay visa waiver. |
|---|---|
| source | COM(2009)53  |
| date | 12-02-2009 |
Council Regulation (EC) No 1932/2006 i amended Council Regulation (EC) No 539/2001 i listing the third countries whose nationals must be in possession of visas when crossing the external borders of the European Union (negative list), and those whose nationals are exempt from that requirement (positive list) by - inter alia - transferring six third countries from the negative to the positive list. These are Antigua and Barbuda, the Bahamas, Barbados, Mauritius, Saint Kitts and Nevis and the Seychelles. The Regulation also points out that the exemptions from the visa requirement for nationals of these countries should not come into force before a bilateral visa waiver agreement between the European Community and the countries in question has been concluded and entered into force. This Regulation was adopted on 21 December 2006 and entered into force in January 2007.
In the meantime, as from 15 January 2007 (later shifted to 1 February) the CARICOM countries introduced a special visa regime for the nationals of several EU Member States (EU nationals were treated unequally as the citizens of the other Member States remained exempted from the visa obligation) due to the Cricket World Cup 2007 taking place in the Caribbean Community. The introduction of this visa requirement despite the favourable provisions of the new Community Regulation led to the postponement of the preparation of the draft mandates for negotiations with these third countries on the visa waiver.
Having regard to the expiry of the temporary visa regime on 15 May 2007, the mandates for negotiation with the six countries have been adopted by the Council on 5 June 2008. Meanwhile, a preliminary meeting with the representatives of the six countries concerned on certain institutional and technical issues took place in Brussels on 13 March 2008.
The formal negotiations on the visa waiver were opened in July 2008 separately with each of the six countries. The second round of negotiations was held on 16 October 2008 in the format of a joint meeting.
The Member States have been informed and consulted three times in the Visa Working Party of the Council.
The Agreements were initialled with four out of the six countries concerned on 12 November 2008 and with the two others on 19 November.
On the part of the Community, the legal basis for the Agreement is Article 62(2)(b)(i), in conjunction with Article 300 of the 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(3) of the TEC.
Taking into account the time period elapsed between the transfer of the Federation of Saint Kitts and Nevis (hereinafter referred to as 'Saint Kitts and Nevis') to the positive list by amending Council Regulation (EC) No 539/2001 and the conclusion of the visa waiver Agreement, the fact that Saint Kitts and Nevis will be able to complete its internal ratification procedure within a short period of time, and also having regard to the situation of Switzerland who will apply the Schengen acquis in full as from December 2008 and already exempts Saint Kitts and Nevis from the visa requirement the proposed decision on the signature sets out the provisional application of the Agreement as from the date of its signature in accordance with Article 300 i of the 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 6 of the Agreement.
Under Article 6 (4), the Joint Committee will 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.
Contents
The Commission considers that the objectives set by the Council in its negotiating directives were attained and that the draft visa waiver agreement is acceptable to the Community.
The final content of it can be summarised as follows:
The agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Saint Kitts and Nevis when travelling to the territory of the other Contracting Party for a maximum period of three months during a six months period.
The citizens of certain Member States are already exempt from the visa obligation by Saint Kitts and Nevis, while those of other Member States are still under the visa requirement. In order to safeguard equal treatment of all EU citizens, a provision has been included in the Agreement stating that Saint Kitts and Nevis may suspend or terminate the Agreement only in respect of all the Member States of the European Community and, reciprocally, the Community may also suspend or terminate the Agreement only in respect of all of its Member States.
The specific situation of the United Kingdom and Ireland is reflected in the preamble.
The visa waiver covers all categories of persons (ordinary, diplomatic or service/official passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity. For this latter category, each Member State and also Saint Kitts and Nevis remain free to impose the visa requirement on the citizens of the other Party in accordance with the applicable Community or national law. In order to ensure harmonised implementation, a joint declaration is attached to the Agreement on the interpretation of the category of persons travelling for the purpose of carrying out a paid activity.
The agreement takes into account the situation of the Member States that do not yet apply the Schengen acquis in full. As long as they are not part of the Schengen area without internal borders, the visa waiver confers a right for the nationals of Saint Kitts and Nevis to stay for three months on the territory of each of those Member States (Cyprus, Bulgaria, Romania), independently of the period calculated for the whole Schengen area.
The agreement contains provisions related to its territorial application: in the case of France and the Netherlands, the visa waiver would entitle nationals of the six countries to stay only in those Member States’ European territories.
Other joint declarations are attached to the Agreement:
- on the full dissemination of information about the content and consequences of the visa waiver agreement and related issues, such as the entry conditions, and
- on the interpretation of the period of three months during a six month-period in the Schengen area.
The close association of Norway, Iceland, Switzerland and Liechtenstein to the implementation, application and development of the Schengen acquis is likewise reflected in a joint declaration to the Agreement.
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 the provisional application of the Agreement pending its entry into force;
- approve, after consultation of the European Parliament, the attached Agreement between the European Community and Saint Kitts and Nevis on the short-stay visa waiver.
COUNCIL DECISION
on the signature and provisional application of the Agreement between the European Community and the Federation of Saint Kitts and Nevis on the short-stay visa waiver
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(b)(i), in conjunction with the first sentence of the first subparagraph of Article 300 i thereof,
Having regard to the proposal from the Commission[3],
Whereas:
Council Regulation (EC) No 1932/2006 amended Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of the European Union (negative list), and those whose nationals are exempt from that requirement (positive list) by - inter alia - transferring the Federation of Saint Kitts and Nevis (hereinafter referred to as 'Saint Kitts and Nevis') from the negative to the positive list. The Regulation also points out that the exemptions from the visa requirement should not come into force before a bilateral visa waiver agreement between the European Community and Saint Kitts and Nevis has been concluded and entered into force.
By its decision of 5 June 2008, the Council authorised the Commission to negotiate an agreement between the European Community and Saint Kitts and Nevis on the short-stay visa waiver.
Negotiations on the agreement were opened on 15 July 2008 and concluded on 16 October 2008.
Subject to its possible conclusion at a later date, the Agreement initialled in Brussels on 12 November 2008, should be signed…..
This decision on the signature should provide for the provisional application of the Agreement in accordance with Article 300 i of the TEC.
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.
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 Federation of Saint Kitts and Nevis on the short-stay visa waiver, consisting of the text of the agreement and the related declarations.
The Agreement shall be applied on a provisional basis pending completion of the procedures for conclusion, as from the date of its signature.
Done at Brussels,
The President