Explanatory Memorandum to COM(2013)741 - Signing of the Agreement with Azerbaijan on the facilitation of the issuance of visas - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)741 - Signing of the Agreement with Azerbaijan on the facilitation of the issuance of visas. |
|---|---|
| source | COM(2013)741  |
| date | 29-10-2013 |
In the context of the Warsaw Eastern Partnership Summit Declaration of 30 September 2011, the EU and the partner countries confirmed their political support for enhancing mobility of citizens in a secure and well-managed environment and reaffirmed their intention to take gradual steps towards a visa free regime for their citizens in due course.
On that basis and as a first concrete step forward, the Commission presented on 16 September 2011 a recommendation to the Council in order to authorise the Commission to open negotiations with the Republic of Azerbaijan on a Visa Facilitation Agreement.
Following the authorisation given by the Council on 19 December 2011, the negotiations with the Republic of Azerbaijan on a Visa Facilitation Agreement were opened in Baku on 1 March 2012. Three further rounds of negotiations took place on 1 June 2012 in Brussels, 6 November 2012 in Baku and on 13 March 2013 in Brussels. The final text of the Agreement was initialled in Brussels on 29 July 2013 by the chief negotiators.
Member States have been regularly informed and consulted in the relevant Council Working Groups at all stages of the negotiations.
On the part of the Union, the legal basis for the Agreement is Article 77(2)(a), in conjunction with Article 218 of the TFEU.
The attached proposal constitutes the legal instrument for the signature of the Agreement. The Council will decide by qualified majority.
II. OUTCOME OF THE NEGOTIATIONS
The Commission considers that the objectives set by the Council in its negotiating directives were attained and that the draft Agreement is acceptable to the Union.
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. As a rule, the visa applicants can have an appointment for lodging their application within a period of two weeks from the date of request and in cases of urgency immediately or without an appointment.
– the visa fee for processing applications of citizens of the European Union and the Republic of Azerbaijan shall amount to EUR 35. This fee will be applied to all visa applicants and concerns both single and multiple-entry visas. Moreover, certain categories of persons benefit from a full waiver of the visa fee: pensioners, close relatives, members of official delegations participating in government activities, pupils, students and post-graduate students, persons with disabilities, journalists and the technical crew accompanying them, representatives of civil society organisations, children under the age of 12, humanitarian cases and persons participating in scientific, cultural, artistic activities 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, pupils, students and post-graduate students, participants in scientific, cultural and sporting events, journalists, persons visiting military and civil burials, representatives of civil society, members of the professions, drivers conducting international cargo and passenger transportation services, participants in official exchange programmes of twin cities 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 or the Republic of Azerbaijan is required;
– there are also simplified criteria for issuing multiple-entry visas for the following categories of persons:
(a) for permanent members of official delegations and spouses and children visiting citizens of the European Union legally residing in the territory of Azerbaijan or citizens of the Republic of Azerbaijan legally residing in the Member States or EU citizens residing in the territory of the Member States of which they are nationals or citizens of the Republic of Azerbaijan residing in the territory of Azerbaijan: visas valid for 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, journalists, students, business people, members of official delegations, representatives of civil society, members of the professions and drivers, provided that during the previous two years they have made good use of 1 year multiple-entry visas and the reasons for requesting a multiple-entry are still valid: visas valid for a minimum of two years and a maximum of 5 years are issued;
– citizens of the European Union and the Republic of Azerbaijan who are holders of valid diplomatic passports are exempted from the visa requirement for short-stays.
– a protocol addresses the specific situation of the Member States that do not fully apply the Schengen acquis yet and their unilateral recognition of Schengen visas and residence permits issued to citizens of the Republic of Azerbaijan for the purpose of transit through their territory in accordance with Council Decision N° 582/2008/EC.
– A Joint Declaration is attached to the Agreement on the implementation of Article 10 on diplomatic passports.
– A Joint Declaration is attached to the Agreement on cooperation on travel documents and regular exchange of information on travel document security.
– A Joint Declaration reaffirming that the Agreement does not affect the possibility of individual Member States and the Republic of Azerbaijan to conclude bilateral Visa Waiver Agreements for holders of service passports.
– the specific situations of Denmark, the United Kingdom and Ireland are reflected in the preamble. The close association of Iceland, Norway, Switzerland and Liechtenstein to the implementation, application and development of the Schengen acquis is reflected in a Joint Declaration to the Agreement.
III. CONCLUSIONS
In light of the above-mentioned results, the Commission proposes that the Council
– decide that the Agreement between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas be signed on behalf of the Union and authorise the Commission to appoint the person(s) duly empowered to sign on behalf of the Union.