Explanatory Memorandum to COM(2006)188-1 - Signature of the Agreement with Russia on the facilitation of issuance of short-stay visas - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2006)188-1 - Signature of the Agreement with Russia on the facilitation of issuance of short-stay visas. |
|---|---|
| source | COM(2006)188  |
| date | 26-04-2006 |
The EU and Russia agreed at the St. Petersburg Summit to conclude timely the negotiations on a readmission agreement and to promote the better use of existing flexibilities in the Schengen agreement regarding visa.
Following the authorization given by the Council to the Commission on 12 July 2004, negotiations with the Russian Federation on the facilitation of the issuance of short-say visas were opened in Brussels on 20-21 October 2004, back-to-back with the continuation of negotiations on a readmission agreement. Six rounds of negotiations and four technical meetings were held. The final texts of the readmission and visa facilitation agreements were initialled (first and last page) by the Vice-President of the European Commission, Mr Franco Frattini, and Presidential Aide, Mr Viktor Ivanov, at the occasion of the PPC JHA Troika meeting between the Russian Federation and the EU on 13 October 2005 in Luxembourg. The formal initialling of the complete texts of the two agreements took place in Moscow on 4 April 2006.
Member States have been regularly informed and consulted in relevant Council Working groups and committees at all stages of the negotiations.
On the part of the Community, the legal basis for the Agreement is Article 62 par. 2 lit. b), in conjunction with Article 300 TEC.
The attached proposals constitute the legal instruments for the signature and conclusion of the Agreement. The Council will decide by qualified majority. The European Parliament will have to be formally consulted on the conclusion of the Agreement, in accordance with Art. 300 par. 3 EC Treaty.
The proposed decision concerning the conclusion sets out the necessary internal arrangements for the practical application of the Agreement. In particular, it specifies that the European Commission, assisted by experts from Member States, represents the Community within the Joint Committee set up by Article 13 of the Agreement.
Under Article 13 i, the visa facilitation Joint Committee may adopt its own rules of procedure. The Community position in this regard shall be established by the Commission in consultation with a special committee designated by the Council.
The Commission considers that the objectives set by the Council in its negotiating directives were attained and that the draft visa facilitation agreement is acceptable to the Community.
The final content of it can be summarised as follows:
- in principle, for all visa applicants, a decision on whether or not to issue a visa will have to be taken within 10 calendar days. This period may be extended up to 30 days when further scrutiny is needed. In urgent cases, the period for taking a decision may be reduced to 3 days or less;
- the visa fee applied by Russia have been very substantially reduced by aligning it to 35 € (current Schengen visa fee). This fee will be applied to all EU and Russian citizens (including tourists) and concerns both single and multiple-entry visas. There is a possibility of charging a higher fee of 70 € in case of urgent requests, where the visa application and supporting documents are submitted by the visa applicant without justification only three days or less before his/her departure. This does not apply to cases related to humanitarian or health reasons, and death of relatives. Moreover, certain categories of persons benefit from a waiving of the visa fee: close relatives, officials participating in government activities, students, persons participating in cultural and educational exchange programmes or sporting events and humanitarian cases;
- the documents to be presented have been simplified for some categories of persons: close relatives, business people, members of official delegations, students, participants in scientific, cultural and sporting events, journalists, persons visiting military and civil burials grounds, drivers conducting international cargo and passenger transportation services. For these categories of persons, only the documents listed in the agreement can be requested for justifying the purpose of the journey. No other justification, invitation or validation provided for by the legislation of the Parties is required;
- there are also simplified criteria for issuing multiple-entry visas for the following categories of persons:
a) for members of national and regional governments and parliaments, Constitutional and Supreme Courts, and spouses and children visiting citizens of the EU or the Russian Federation legally residing in the other Party: visa valid up to five years (or shorter, limited to the period of the validity of their mandate or authorisation for legal residence, respectively).
b) for members of official delegations, business people, participants in scientific, cultural and sporting events, journalists and drivers and train crews, provided that during the previous two years they have made good use of a 1 year multiple-entry visas and the reasons for requesting a multiple-entry are still valid: visas valid for a minimum of 2 years and a maximum of 5 years are issued;
- holders of diplomatic passports are exempted from the visa requirement for short-stays. A Joint Declaration states that each Party might invoke a suspension of the provision related to visa waiver for holders of diplomatic passports (article 11), if the implementation of this provision is abused by the other Party or leads to a threat to public security.
- regarding registration procedures, both Parties agree to undertake measures as soon as possible with a view to simplify them. In an exchange of letters between the UK Presidency and the Russian Ambassador to the EU dated 6 October 2005, it was agreed that this issue be considered regularly in the framework of JHA related meeting between the EU and Russia. The EU-Russia Permanent Partnership Council (JHA), held in Luxembourg on 13 October 2005, offered a first opportunity for a positive exchange of views on this issue.
- a protocol was agreed, according to which the European Community would undertake measures to simplify the transit of holders of Schengen visa or Schengen residence permits through the territory of the Member States that do not fully apply the Schengen acquis yet. The Commission presented on 22 August 2005 a proposal for a simplified regime for the control of persons at the external borders based on the unilateral recognition by new Member States of certain documents issued by Schengen States. Negotiations on this proposal are progressing and should be concluded in the coming months.
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 and Iceland to the implementation, application and development of the Schengen Acquis is likewise reflected in a joint declaration to the Agreement.
Since the two agreements on visa facilitation and readmission are linked, both agreements should be signed, concluded and enter into force simultaneously.
In the light of the above-mentioned results, the Commission proposes that the Council
- decide that the Agreement be signed on behalf of the Community and authorise the President of the Council to appoint the person(s) duly empowered to sign on behalf of the Community;
- approve, after consultation of the European Parliament, the attached Agreement between the European Community and the Russian Federation on the facilitation of the issuance of short-stay visas.
COUNCIL DECISION
on the signature of the Agreement between the European Community and the Russian Federation on the facilitation of issuance of short-stay visas
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62,(2)(b)(i) and (ii), in conjunction with the first sentence of the first subparagraph of Article 300 i thereof,
Having regard to the proposal from the Commission i,
Whereas:
By its decision of 12 July 2004, the Council authorised the Commission to negotiate an agreement between the European Community and the Russian Federation regarding the facilitation of the issuance of short-stay visas.
Negotiations on the agreement were opened on 20-21 October 2004 and concluded on 12 October 2005.
Subject to its possible conclusion at a later date, it is desirable to sign the agreement that was initialled in Moscow on 4 April 2006.
In accordance with the Protocol on the position of the United Kingdom and Ireland, and the Protocol integrating the Schengen acquis into the framework of the European Union, the United Kingdom and Ireland do not take part in the adoption of this Decision and are therefore not bound by it or subject to its application.
In accordance with the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is therefore not bound by it or subject to its application.
HAS DECIDED AS FOLLOWS:
Subject to a possible conclusion at a later date, the President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community, the Agreement between the European Community and the Russian Federation on the facilitation of the issuance of short-stay visas and the related documents consisting of the text of the agreement, a Protocol and seven joint declarations.
Done in Brussels, the………..of…………2006.
The President