Explanatory Memorandum to COM(2007)190-1 - Signature of the Agreement with Ukraine 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)190-1 - Signature of the Agreement with Ukraine on the facilitation of issuance of short-stay visas. |
|---|---|
| source | COM(2007)190  |
| date | 17-04-2007 |
Ukraine has expressed for some time considerable interest in obtaining visa facilitation for its citizens. The EU-Ukraine Policy Action Plan , which was endorsed by the EU-Ukraine Co-operation Council on 21 February 2005 noted that a constructive dialogue on visa facilitation between the EU and Ukraine would be established, with a view to preparing for future negotiations on a visa facilitation agreement, taking account of the need for progress on the ongoing negotiations for an EC-Ukraine readmission agreement.
In its conclusions of 21 February 2005, the GAERC agreed to study, with a view to the negotiations to be held between the EU and Ukraine before the following EU-Ukraine Summit, options concerning the question of how, and in what framework, the granting of visas could be facilitated whilst complying rigorously with security requirements. In this context, progress in the ongoing negotiations on an EC-Ukraine readmission agreement would remain essential.
At the JLS Ministerial troika with Ukraine on 25 February 2005, the Commission acknowledged the great importance that Ukraine attached to visa facilitation and noted that it intended to take work forward in accordance with the provisions of the EU Ukraine Action Plan.
In a broader context, The Hague Programme , approved by the European Council in November 2004, states that 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”.
Following the authorization given by the Council to the Commission on 7 November 2005, negotiations with Ukraine on the facilitation of the issuance of short-stay visas were opened in Brussels on 22 November 2005, back-to-back with the continuation of negotiations on a readmission agreement. Four further rounds of negotiations were held on 25 January 2006, 27 February 2006, 20 July 2006 and 10 October 2006, alternately in Kiev and Brussels and in parallel ("back-to-back") with negotiations on an EC-Ukraine readmission agreement. Moreover, formal negotiations were occasionally prepared by informal expert meetings.
At the last formal round on 10 October 2006, the Commission presented to the Ukrainian side a 'package deal' on both agreements. On 25 October the Ukrainian Ambassador to the EU informed the Commission that Ukraine could accept the 'package deal'. The final texts of the visa facilitation and readmission agreements were initialled on 27 October 2006 at the occasion of the EU-Ukraine Summit in Helsinki.
The European Commission has already negotiated a visa facilitation agreement with one third country (the Russian Federation). The experience acquired in previous negotiations has been useful for the negotiations with Ukraine.
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 par. 2 lit. 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 par. 3 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 visa facilitation 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.
It has to be noted that on 31 March 2005 President Yushchenko signed the Decree “On Temporary Introduction of the visa-free regime for citizens of the Member States of the European Union and the Swiss Confederation”. According to the Decree, a visa-free regime of entry in Ukraine for the citizens of the EU and the Swiss Confederation remains in force from 1 May till 1 September 2005. This visa-free regime was extended after 1st September 2005 and introduced for Iceland and Norway's citizens as from 1st January 2006.
In this respect, the draft agreement on visa facilitation states in Article 1 i that if Ukraine would reintroduce the visa requirement for EU citizens, the same facilitations granted under the agreement to the Ukrainian citizens 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 Ukrainian citizens shall amount to 35 €. This fee will be applied to all Ukrainian visa applicants and concerns both single and multiple-entry visas. There is a possibility of charging a higher fee of 70 € -with some exceptions- in case of urgent requests, where the visa application and supporting documents are submitted by the visa applicant without justification only three days or less before his/her departure. Moreover, certain categories of persons benefit from a full waiving of the visa fee: close relatives, officials participating in government activities, students, journalists, pensioners, children under the age of 18, humanitarian cases and persons participating in cultural, educational exchange programmes and sport 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, drivers conducting international cargo and passenger transportation services 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 and Supreme Courts, permanent members of official delegations, journalists, business people and spouses and children visiting citizens of the Ukraine legally residing in the Member States: 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, and professional drivers and train crews, provided that during the previous two years they have made good use of a 1 year multiple-entry visas and the reasons for requesting a multiple-entry are still valid: visas valid for a minimum of 2 years and a maximum of 5 years are issued;
- citizens of Ukraine 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 Ukrainian citizens for the purpose of transit through their territory in accordance with Council Decision N°895/2006/EC of 14 June 2006 i.
- a Commission Declaration is attached to the Agreement on the motivation of the decision to refuse a visa, making reference to rules on this matter contained in the proposal for a Draft Regulation establishing a Community Code on visas presented by the European Commission on 19 July 2006 i. Moreover, an EC Declaration is also attached on access of visa applicants to information and harmonisation of information procedures for issuance of short-stay visas.
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 Ukraine on the facilitation of the issuance of short-stay visas.
COUNCIL DECISION
on the signature of the Agreement between the European Community and Ukraine 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 7 November 2005, the Council authorised the Commission to negotiate an agreement between the European Community and Ukraine regarding the facilitation of the issuance of short-stay visas.
Negotiations on the agreement were opened on 22 November 2005 and concluded on 10 October 2006.
Subject to its possible conclusion at a later date, the Agreement initialled in Helsinki on 27 October 2006 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 the 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 Ukraine 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 joint declarations.
Done in Brussels,
The President