Explanatory Memorandum to COM(2016)304 - EU position with regard to Common Guidelines for the implementation of the Agreement with Georgia on the facilitation of the issuance of visas to citizens of Georgia - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2016)304 - EU position with regard to Common Guidelines for the implementation of the Agreement with Georgia on the facilitation of the ... |
|---|---|
| source | COM(2016)304  |
| date | 26-05-2016 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The Agreement between the European Union and Georgia facilitating the issuing of visas (hereinafter ‘the Agreement’) 1 entered into force on 1 March 2011. The Agreement established, on the basis of reciprocity, legally binding rights and obligations to simplify the visa issuing procedures for Georgian citizens. Article 12 of the Agreement set up a Joint Committee tasked with monitoring the implementation of the Agreement.The Joint Committee noted the need for common guidelines to ensure that the Schengen Member States’ consulates implement the Agreement in a fully harmonised way and to clarify the relationship between the Agreement and the provisions of the contracting parties (hereinafter 'the Parties') that continue to apply to visa issues not covered by the Agreement.
These Guidelines are not part of the Agreement and not legally binding. However, it is highly recommended that diplomatic and consular staff consistently follow them when implementing the Agreement.
• Consistency with existing provisions in the policy area
The Agreement has precedence over the Visa Code on matters which they both regulate.
Visa Code 2 provisions apply to all issues not covered by the Agreement such as the determination of the Schengen Member State responsible for processing a visa application, the grounds for refusing to issue a visa, the right to appeal against a negative decision or the general rules on the personal interview with the applicant.
Schengen rules and, where appropriate, national law also continue to apply to issues which are not covered by the Agreement such as the recognition of travel documents, proof of sufficient means of subsistence, refusal of entry to the territory of the Member States, expulsion measures.
According to Article 2(1) of the Agreement, the visa facilitations provided for in the Agreement apply to citizens of Georgia only in so far as they are not exempted from the visa requirement by Regulation 539/2001 3 . Indeed, if Georgia were to be transferred to Annex II of Regulation 539/2001 listing the countries whose nationals are exempted from the visa requirement, the Agreement would cease to apply. However, as such an exemption would only be granted to holders of biometric passports (exemption to be specified in an Annex II footnote), the Agreement would continue to apply to citizens of Georgia holding a non-biometric passport.
2. LEGAL ELEMENTS OF THE PROPOSAL
The Guidelines, which are to be adopted by the Joint Committee following the adoption of an EU position on the basis of this proposal, are to explain in detail the provisions of the Agreement, aiming at its proper and fully harmonised implementation.
The Guidelines take into consideration the Visa Code and other legislative acts in the field of EU visa policy. The aim is to ensure that consular staff of the Member States acts in accordance with the EU visa acquis when implementing the Agreement.
3. RESULTS OF CONSULTATIONS AND IMPACT ASSESSMENTS
The Commission has discussed these draft Guidelines with the responsible authorities of Georgia at the Joint Committee meetings of 01/06/2011, 24/11/2011, 13/02/2012, 26-27/02/2013, 04/06/2014 and 13/10/2015, as well as in exchanges of emails between the Parties between the Joint Committee meetings. Several outstanding issues required deeper analysis on both sides before a mutually satisfactory compromise could be reached, in particular on the issue of journalists’ and carriers’ professional organisations (see point 2.2.1 letters (e) and (k) of the Guidelines).
The draft Guidelines attached in the Annex to this proposal for a Council Decision have been consulted with the Member States in the context of the local Schengen Cooperation in Tbilisi and the Visa Working Party (last consultation: 20 November 2015). The final version of the Guidelines was agreed by the Joint Committee at its sixth meeting, held on 13 October 2015.
4. BUDGETARY IMPLICATIONS
This proposal has no impact on the EU budget.