Explanatory Memorandum to COM(2017)384 - EU position within the Joint Committee set up under the Agreement with Armenia on the facilitation of the issuance of visas, with regard to guidelines for implementation - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2017)384 - EU position within the Joint Committee set up under the Agreement with Armenia on the facilitation of the issuance of visas, ... |
|---|---|
| source | COM(2017)384  |
| date | 25-07-2017 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The Agreement between the European Union and Republic of Armenia facilitating the issuing of visas 1 entered into force on 1 January 2014. The Agreement established, on the basis of reciprocity, legally binding rights and obligations to simplify the procedures for issuing visas to Armenian citizens. Article 12 of the Agreement set up a Joint Committee tasked, inter alia, 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 contracting parties’ other provisions that continue to apply to visa issues not covered by the Agreement.
These Guidelines are not part of the Agreement and are not legally binding. However, it is highly recommended that diplomatic and consular staff consistently follow them.
• Consistency with existing provisions in the policy area
The Agreement takes precedence over Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) 2 on matters which they both regulate.
Visa Code provisions apply to all issues not covered by the Agreement, such as determining 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, and expulsion measures.
Under Article 2(1) of the Agreement, the visa facilitations provided for in the Agreement apply to citizens of Armenia only in so far as they are not exempted from the visa requirement by Regulation 539/2001 3 . Indeed, if the Republic of Armenia 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 Armenia holding a non-biometric passport.
2. LEGAL ELEMENTS OF THE PROPOSAL
The Guidelines, to be adopted by the Joint Committee following the adoption of an EU position on the basis of this proposal, are intended to explain in detail the provisions of the Agreement, so that it is properly and consistently implemented.
They take into consideration the Visa Code and other legislative acts in the field of EU visa policy. The aim is to ensure that the 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 discussed these draft Guidelines with the responsible authorities of the Republic of Armenia at the Joint Committee meetings of 10 September 2014, 29 April 2015 and 15 June 2016 and in exchanges of emails between the contracting parties in between Committee meetings. Several outstanding issues required deeper analysis 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).
Member States were consulted on the draft Guidelines annexed to this proposal for a Council Decision in the context of the local Schengen cooperation in Yerevan and the Visa Working Party (last consultation: 26 November 2016). The final version of the Guidelines was agreed by the Joint Committee at its third meeting, held on 15 June 2016.
4. BUDGETARY IMPLICATIONS
This proposal has no impact on the EU budget.