Explanatory Memorandum to COM(2016)149 - EU position with regard to the rules of procedure of the Joint Committee set up under the Agreement with Cape Verde on facilitating the issue of short-stay visas

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1. CONTEXT OF THE PROPOSAL

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 entered into force on 1 December 2014. The Agreement established, on the basis of reciprocity, legally binding rights and obligations for the purpose of simplifying the visa issuing procedures for the citizens of Cape Verde and for the EU citizens. Article 10 of this Agreement sets up a Joint Committee tasked to monitor the implementation of the Agreement. The Joint Committee is obliged by Article 10 i of the Agreement to lay down its rules of procedure.

The rules of procedure to be adopted will not be part of the Agreement.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

Legal basis

The rules of procedure, 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 organise the work of the Joint Committee and help in preparing and managing its meetings.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

The rules of procedure as annexed to the Annex of this proposal for a Council Decision are the outcome of consultation with responsible authorities in Cape Verde in June 2015. The Member States have been consulted in the written procedure which ended on 23.10.2015.

4. BUDGETARY IMPLICATIONS

This proposal has no impact on the EU budget.