Explanatory Memorandum to COM(2015)482 - EU position on the adoption of common guidelines for the implementation of the Agreement on facilitating the issue of short-stay visas to citizens of Cape Verde and of the EU - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2015)482 - EU position on the adoption of common guidelines for the implementation of the Agreement on facilitating the issue of ... |
|---|---|
| source | COM(2015)482  |
| date | 02-10-2015 |
1. CONTEXT OF THE PROPOSAL
The Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union entered into force on 1 December 2014. The Agreement established, on the basis of reciprocity, legally binding rights and obligations for the purpose of simplifying the visa issuing procedures for the citizens of Cape Verde and for the EU citizens. Article 10 of this Agreement sets up a Joint Committee tasked to monitor the implementation of the Agreement.
The common guidelines for this Agreement are necessary in order to ensure a fully harmonised implementation of the Visa Facilitation Agreement amongst the consulates of the Member States and of the Republic of Cape Verde, and for clarifying the relationship between the provisions of that Agreement and the provisions of the contracting parties that continue to apply to visa issues not covered by the Agreement.
The implementing guidelines to be adopted will not be part of the Agreement; however, it is highly recommended that diplomatic and consular staff consistently follow them when implementing the provisions of the Agreement.
The Guidelines have been prepared in line with the Agreement which contains provisions on facilitations in the procedures for issuing visas for an intended stay of no more than 90 days per period of 180 days in the Schengen area for the citizens of Cape Verde and of the EU, as well as with the EU legislation in the area of common visa policy, such as the Visa Code.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The Guidelines, which are to be adopted on the basis of the empowerment given to the representative of the Commission in the Joint Committee on the basis of this proposal, are to explain in detail the provisions of the Agreement and provide guidance on its implementation.
The Guidelines take into consideration the provisions of the Visa Code and other legislative acts in the field of EU visa policy in order to ensure that consular staff of the Member States acts in accordance with the EU visa acquis when implementing the provisions of the Visa Facilitation Agreement.
The provisions of the Agreement have precedence over the provisions of the Visa Code on matters which they both regulate.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
The Guidelines as annexed to the Annex of this proposal for a Council Decision are the outcome of consultations with the Member States in the context of the Visa Working Party on 7.04.2015. and 11.05.2015. The Commission consulted these Guidelines with responsible authorities in Cape Verde in November 2014.
4. BUDGETARY IMPLICATIONS
This proposal has no impact on the EU budget.