Explanatory Memorandum to COM(2014)679 - Union position with regard to the adoption of Common Guidelines for the implementation of the Agreement with Ukraine on the facilitation of the issuance of visas - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2014)679 - Union position with regard to the adoption of Common Guidelines for the implementation of the Agreement with Ukraine on the ... |
|---|---|
| source | COM(2014)679  |
| date | 30-10-2014 |
The Agreement between the European Union and Ukraine on the facilitation of the issuance of visas entered into force on 1 January 2008. The Agreement established, on the basis of reciprocity, legally binding rights and obligations for the purpose of simplifying the visa issuing procedures for Ukrainian citizens. Article 12 of this Agreement set up a Joint Committee tasked to monitor the implementation of the Agreement.
The Joint Committee noted the need for common guidelines in order to ensure a fully harmonised implementation of the Visa Facilitation Agreement amongst the consulates of the Member States, and for clarifying the relationship between the provisions of that Agreement and the provisions of the contracting parties that continue to apply to visa issues not covered by the Agreement.
The Joint Committee adopted such guidelines by its Decision No 1/2009 of 25.11.2009. These Guidelines are not part of the Agreement and therefore they are not legally binding. However, it is highly recommended that diplomatic and consular staff consistently follow them when implementing the provisions of the Agreement.
Following the entry into force, on 1.07.2013, of the amended Agreement between the European Union and Ukraine on the facilitation of the issuance of visas, the Guidelines needed to be adapted accordingly.
The Guidelines have been adapted in line with the amended Agreement which contains new provisions on further facilitations in the procedures for issuing visas for an intended stay of no more than 90 days per period of 180 days in the Schengen area for the citizens of Ukraine, as well as with new EU legislation in the area of common visa policy, such as the Visa Code. Therefore they reflect the applicable EU visa acquis in force at present.
Contents
The Guidelines as annexed to the Annex of this proposal for a Council Decision are the outcome of consultations with the Member States in the context of the Visa Working Party on 12.12.2013, 10.01., 20.02., and 15.04.2014. Commission consulted these Guidelines with responsible authorities in Ukraine on several occasions, including in the Joint Committee meeting on 14.05.2014.
The Guidelines, which are to be adopted on the basis of the empowerment given to the representative of the Commission in the Joint Committee on the basis of this proposal, will not be legally binding upon the Member States. These Guidelines are to provide guidance and explain in detail the provisions of the Agreement to persons who implement the amended Visa Facilitation Agreement between the EU and Ukraine.
The Guidelines take into consideration the provisions of the Visa Code and other legislative acts in the field of EU visa policy in order to ensure that consular representatives of the Member States act in accordance with the entire EU visa acquis when implementing the provisions of the Visa Facilitation Agreement.
The provisions of the Agreement have precedence over the provisions of the Visa Code on matters which they both regulate.
4. FINANCIAL AND BUDGET IMPACT
This proposal has no impact on the EU budget.