Explanatory Memorandum to COM(2015)643 - Conclusion of the Agreement with China on the short-stay visa waiver for holders of diplomatic passports - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2015)643 - Conclusion of the Agreement with China on the short-stay visa waiver for holders of diplomatic passports. |
|---|---|
| source | COM(2015)643  |
| date | 15-12-2015 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
In the context of the EU-China Mobility and Migration Dialogue, the European Union and the People's Republic of China agreed on a cooperation package comprising measures in the area of irregular migration and visa policy that would be negotiated or implemented in two interdependent phases. In the first phase, a reciprocal visa waiver agreement for holders of diplomatic passports would be negotiated and Member States would be authorised by the Chinese authorities to open visa application centres in 15 designated Chinese cities. Regular expert meetings on combating irregular migration, including the identification and readmission of irregular migrants, would also be established in the first phase. In the second phase, both sides would negotiate visa facilitation and readmission agreements. This package was finalised and endorsed by both sides' political leaders at the 17th EU-China Summit on 29 June 2015.
On 14 September 2015 the Council authorised the opening of negotiations with China for a short-stay visa waiver agreement for holders of diplomatic passports and addressed negotiating directives to the Commission. The negotiations were opened on 21 September and conducted by exchange of written notes. The agreement was initialled by the chief negotiators of the EU and China respectively on 3 and 4 November 2015. Member States were regularly kept informed of the negotiations during meetings of the Visa Working Party of the Council.
• Consistency with existing policy provisions in the policy area
Council Regulation (EC) No 539/2001 1 lists the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States and those whose nationals are exempt from that requirement. Regulation (EC) No 539/2001 is applied by all Member States, with the exception of Ireland and the United Kingdom, as well as by Iceland, Liechtenstein, Norway and Switzerland.
China is among those countries whose nationals are required to hold a visa when travelling to the Schengen area. EU citizens also need a visa to enter China.
• Consistency with other Union policies
The Migration and Mobility Dialogue between the EU and China was established in October 2013 and aims at exchanging views on respective migration policies along the four pillars of Global Approach to Migration and Mobility as well as at discussing possibilities for cooperation on issues of mutual interest.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
For the Union, the legal basis for the agreement is point (a) of Article 77(2) of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Article 218 thereof.
The attached proposal constitutes the legal instrument for concluding the agreement. The Council will decide by qualified majority after the signing of the agreement, on behalf of the Union, by a person designated by the presidency of the Council and after having obtained the consent of the European Parliament in accordance with point (a) of the second subparagraph of Article 218(6) TFEU.
• Subsidiarity (for non-exclusive competence)
While Article 4(1)(a) of Regulation (EC) No 539/2001 enables individual Member States to conclude bilateral agreements with third countries exempting holders of diplomatic passports, service/official passports or special passports from the visa requirement, only an EU-level agreement can achieve that effect for all Member States and thereby offer leverage for agreements with third countries in related areas, such as readmission of irregular migrants.
• Proportionality
Only an international agreement can derogate from the general visa requirement for Chinese citizens, which is necessary to achieve the above-mentioned objectives.
• Choice of the instrument
See above.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
n/a
• Stakeholder consultations
Member States were consulted both in the Council's High-Level Working Group on Asylum and the Visa Working Party.
• Collection and use of expertise
n/a
• Impact assessment
No Impact Assessment has been carried out, as the initiative is not expected to have any measurable economic or social benefits. It is essentially a political agreement.
• Regulatory fitness and simplification
n/a
• Fundamental rights
n/a
4. BUDGETARY IMPLICATIONS
n/a
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The agreement establishes a Joint Committee for the management of the agreement whose tasks include, among others, the monitoring of its implementation as well as suggesting amendments or additions.
• Explanatory documents (for directives)
n/a
• Detailed explanation of the specific provisions of the proposal
The Commission considers that the objectives set by the Council in its negotiating directives were fully attained. Its main provisions can be summarised as follows:
Purpose and scope
The agreement provides for visa-free travel for citizens of the European Union holding a valid diplomatic passport or an EU laissez-passer 2 and for citizens of China holding a valid diplomatic passport when travelling to the territory of the other Contracting Party.
In order to safeguard equal treatment of all EU Member States, a provision has been included in the agreement stating that China may suspend or terminate the agreement only in respect of all the Member States of the European Union and that the Union may also only suspend or terminate the agreement in respect of all of its Member States.
The specific situation of the United Kingdom and Ireland is reflected in the preamble.
Duration of stay
The agreement provides for visa-free travel for a maximum period of 90 days in any 180-day period. A joint declaration on the interpretation of this period of 90 days in any 180-day period is attached to the agreement.
The agreement takes into account the situation of the Member States that do not yet apply the Schengen acquis in full. As long as they are not part of the Schengen area without internal borders, the visa waiver confers a right for the Chinese holders of diplomatic passports to stay for 90 days in any 180-day period on the territory of each of those Member States (currently Bulgaria, Croatia, Cyprus and Romania), independently of the period calculated for the whole Schengen area.
Visits by high officials
The agreement stipulates that officials at or above vice-ministerial level of the central government and officers of or above the rank of major general of the armed forces must inform the competent authorities of the country to be visited through diplomatic channels before they travel to its territory for official purposes.
Exchange of specimens
The agreement provides for the exchange of specimens of diplomatic passports and the EU laissez-passer no later than 90 days after the date of signature of the agreement.
Territorial application
The agreement clarifies that the visa waiver for Chinese holders of diplomatic passports only applies to the European territories of France and the Netherlands.
Joint declarations
In addition to the joint declaration referred to above, two other joint declarations are attached to the agreement:
– on the association of Norway, Iceland, Switzerland and Liechtenstein to the implementation, application and development of the Schengen acquis;
– on the relationship of this agreement to other fields of cooperation in the framework of the EU-China Mobility and Migration Dialogue.
Conclusion
In the light of the above-mentioned results, the Commission proposes that the Council approve, after obtaining the consent of the European Parliament, the Agreement between the European Union and China on the short-stay visa waiver for holders of diplomatic passports.