PURPOSE: the conclusion of an agreement with Cape Verde on facilitating the issue of short-stay visas.
PROPOSED ACT: Council Decision.
BACKGROUND: relations between the European Union and Cape Verde are governed by the revised ACP-EC Partnership Agreement signed on 23 June 2005. The revised Agreement entered into force on 1 July 2008 as regards Cape Verde. Cape Verdes government and civil society have expressed the wish on a number of occasions to deepen and extend their relations with the European Union.
On 24 October 2007, therefore, the Commission adopted a communication to the Council and to the European Parliament on the future of EU-Cape Verde relations in which it acknowledged the special and strong historical relations existing between the two parties, based on close human and cultural links and shared socio-political values.
The General Affairs and External Relations Council of 19 and 20 November 2007 approved conclusions supporting the communication, the introduction of a special partnership between the EU and Cape Verde that aims at strengthening political dialogue, policy convergence and cooperation between the two parties in new, sensitive sectors, going beyond the traditional donor-beneficiary relationship and creating a framework of mutual interests.
In the context of the special partnership and following the signature of a joint declaration on a mobility partnership between the European Union and Cape Verde, the two parties undertook to develop a dialogue on short-stay visa matters and on questions of readmission.
Based on the above, on 14 November 2008, the Commission submitted a recommendation to the Council asking for its authorisation to open negotiations with Cape Verde on an agreement to facilitate the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union, and on readmission.
Following the authorisation given by the Council on 4 June 2009, negotiations with Cape Verde on the agreement to facilitate the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union started in Brussels on 13 July 2009 and concluded in April 2012.
The final text of the Agreement was initialled in Brussels on 24 April 2012.
Member States have been regularly informed and consulted in the relevant Council working groups at all stages of the negotiations.
IMPACT ASSESSMENT: no impact assessment was undertaken.
LEGAL BASIS: Article 77(2a), in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).
CONTENT: the proposed decision concerning the conclusion of the Agreement sets out the necessary internal arrangements for the practical application of the Agreement. In particular, it specifies that the Commission, assisted by experts from Member States, will represent the Union within the Joint Committee set up by Article 10 of the Agreement. Under Article 10(4), the Joint Committee may adopt its own rules of procedure. The Union position in this regard is to be established by the Commission in consultation with a special committee designated by the Council. As regards other decisions to be taken by the Joint Committee, the Union position is to be established in accordance with the applicable provisions of the Treaty.
The final content of the agreement may be summarised as follows:
Simplified criteria for issuing multiple-entry visas for the following categories of persons:
Waiving of visa processing fees for certain categories of person: members of official delegations, children under 12, school pupils, students, researchers, participants aged 25 years or less in seminars, conferences or sports, cultural or educational events, organised by non-profit organisations.
Maximum charge: the possibility for an external service provider with whom Cape Verde or a Member State cooperates with a view to the issue of a visa to charge a service fee of up to EUR 30, while maintaining the possibility for all applicants to lodge their applications directly at a consulate.
Extension free of charge: extension, free of charge of visas of citizens of Cape Verde and the European Union who are unable to leave the territory of the Member States or Cape Verde respectively by the date indicated in their visas for reasons of force majeure.
Limited exemption: in particular for:
Other provisions:
Territorial provisions: the specific situations of Denmark, the United Kingdom and Ireland are reflected in the preamble and in two joint declarations attached to the Agreement. The close association of Norway, Iceland, Switzerland and Liechtenstein to the implementation, application and development of the Schengen acquis is likewise reflected in a joint declaration to the Agreement.
BUDGETARY IMPLICATIONS: the proposal has no implications for the EUs budget.