PURPOSE: the conclusion of an agreement with Cape
Verde on facilitating the issue of short-stay visas.
PROPOSED ACT: Council Decision.
ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the
act only if Parliament has given its consent to the
act.
BACKGROUND: 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.
In accordance with Council Decision 2012/649, 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 was signed on 26
October 2012, subject to its conclusion at a later date.
Member States have been regularly informed and
consulted in the relevant Council working groups at all stages of
the negotiations.
It is now necessary to conclude the Agreement on
behalf of the EU.
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:
- members of national and regional governments and
parliaments, constitutional courts, supreme courts and courts of
auditors, permanent members of official delegations, business
people and representatives of business organisations, spouses,
children who are under the age of 21 or are dependent, and parents
of citizens of Cape Verde or of the European Union legally residing
in the other Party or residing in Cape Verde or in the country of
their nationality: in principle, multiple-entry visas valid for
five years are to be issued. Multiple entry visas with a
shorter period of validity will be issued only where the expiry
date of the travel document requires this or where the need or the
intention to travel frequently or regularly is manifestly limited
to a shorter period;
- representatives of civil society organisations,
practitioners of a liberal profession, persons taking part in
scientific, cultural and artistic activities, participants in
international sports events and persons accompanying them in a
professional capacity, journalists and accredited persons
accompanying them in a professional capacity, school pupils,
students and accompanying teachers, representatives of religious
organisations recognised in Cape Verde or in the Member States, and
persons visiting regularly for medical reasons; participants in
official exchange programmes organised by twinned towns or
municipal authorities; and members of official delegations: in
principle, multiple-entry visas valid for one year are to be
issued. Multiple-entry visas with a shorter period of validity will
be issued only where the expiry date of the travel document
requires this or where the need or the intention to travel
frequently or regularly is manifestly limited to a shorter period.
Multiple-entry visas that are valid for at least two years and at
most five years will be issued provided that during the previous
two years the applicant has made good use of a one-year
multiple-entry visas and that the need or intention to travel
frequently or regularly is not clearly limited to a shorter
stay.
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:
- citizens of Cape Verde and of the European Union who
are holders of diplomatic or service passports. A joint declaration
states that each party may invoke suspension of the provision
relating to visa waiver for holders of diplomatic or service
passports (Article 8), if the implementation of this provision is
abused by the other party or poses a threat to public security. The
declaration also provides that, as a priority, Cape Verde and the
European Union must undertake to ensure a high level of security
for diplomatic and service passports, in particular by integrating
biometric identifiers;
- citizens of Cape Verde and of the European Union who
have lost their identity documents, or from whom these document
have been stolen while staying in the territory of the host State,
to leave the territory of Cape Verde or of the Member States on the
basis of valid identity documents without any visa or other
authorisation.
Other provisions:
- at Cape Verde’s specific request, no provision
has been included on simplified requirements for documents to be
presented regarding the purpose of the journey;
- the establishment of a joint committee for managing
the Agreement;
- provisions governing the entry into force, duration,
amendment, suspension and termination of the Agreement; since the
agreements on facilitating the issue of short-stay visas and on
readmission are linked, they should enter into force
simultaneously;
- a protocol has been concluded stating that, in
accordance with Decision No 582/2008/EC of the European Parliament
and of the Council of 17 June 2008, harmonised measures have been
taken in order to simplify the transit of holders of Schengen visas
and Schengen residence permits through the territory of the Member
States not yet fully applying the Schengen
acquis;
- a joint declaration on the harmonisation of
information on procedures for issuing short-stay visas and
documents to be submitted when applying for short-stay
visas;
- a joint declaration on cooperation on travel documents
and the regular exchange of information on document
security.
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 EU’s budget.