PURPOSE:
to sign and conclude an Agreement between the Community and Serbia on the issuance of short-stay visas.
LEGISLATIVE
ACT: Council Decision 2007/825/EC on the conclusion of the Agreement between
the European Community and the Republic of Serbia on the facilitation of the
issuance of visas.
CONTENT:
the purpose of this Decision is the conclusion of an Agreement between the
Community and the Republic of Serbia on facilitating the issuance of
short-stay visas. For the purpose of the proposed Agreement “short-stay”
visas will apply to issuing a visa for an intended stay of no more than 90
days per period of 180 days.
The
main elements of the Agreement can be summarised as follows:
- in principle, a
decision on whether or not to issue a visa will have to taken within 10
calendar days. This period may be extended by up to 30 calendar days. In
urgent cases the period for taking a decision may be reduced to three
working days or less;
- the visa fee will
amount to EUR 35. It concerns both single and multiple-entry visas.
Certain categories of persons may have their fee waved. For example,
close relatives, officials participating in government activities,
students, journalists, disabled persons etc.;
- provisions
regarding the presentation of documents in the case of a journey have
been simplified for certain categories of people including, inter
alia: close relatives, business people, official
delegates, students, drivers conducting international cargo,
tourists on organised trips, etc.
- the criteria for
issuing multiple-entry visas has been simplified for certain categories
of peoples. For example, in the case of members of national and
provincial/regional Governments and Parliaments, Constitutional and
Supreme Court of Cassation, permanent members of official delegations
and spouses and children visiting citizens of the Republic of Serbia
legally residing in the Member States, then the visa will be valid for
up to five years – or depending on the period of their mandate for legal
residence. For participants in scientific, cultural, official exchange
programmes and sport events, journalists, business people etc. visas
will be valid for a minimum of two years and a maximum of five years.
There are, however, conditions attached to this later point;
- holders of
diplomatic passports are exempted from the short-stay visa requirements;
- for those
citizens who already hold a service passport then the bilateral
Agreements that have been signed before 1 January 2007 will continue to
apply for a period of five years;
- a Protocol has
been attached to the Agreement stating that those Member States who are
yet to apply the Schengen acquis in full, may unilaterally
recognise Schengen visas and residence permits that have been issued to
citizens of Serbia for the purpose of transit through their territory in accordance with European Parliament and Council Decision
895/2006/EC. A reference to the future amendment of the Decision
(EC) 895/2006 for covering Bulgaria and Romania is added;
- a European
Community Declaration has been attached to the Agreement on the matter
of allowing visa applicants access to information on issuing short-stay
visas;
- in response to
specific requests formulated by the Republic of Serbia, the European
Community has attached Declarations to the Agreement regarding those
family members who are not legally covered by the provisions of the
Agreement as well as for bona fide applicants;
- in cases where
certain issues are not covered by this Agreement, the normal Schengen
rules apply or national law (such as refusing a visa, the recognition of
travel documents, proof of sufficient means of subsistence etc).
Neither
the United Kingdom nor Ireland is bound by the Agreement. Nor will Denmark be participating in the Agreement.
Since
the Agreements on visa facilitation and readmission (see CNS/2007/0153)
are linked, both Agreements will enter into force simultaneously.