Explanatory Memorandum to COM(2018)7 - EU position within the Joint Committee with Azerbaijan on the facilitation of the issuance of visas, with regard to adopting guidelines for the implementation of the Agreement - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2018)7 - EU position within the Joint Committee with Azerbaijan on the facilitation of the issuance of visas, with regard to adopting ... |
|---|---|
| source | COM(2018)7  |
| date | 11-01-2018 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The Agreement between the European Union and the Republic of Azerbaijan to facilitate the issuing of visas 1 entered into force on 1 January 2014. The Agreement established, on the basis of reciprocity, legally binding rights and obligations to simplify procedures for issuing visas to the citizens of the European Union and of the Republic of Azerbaijan. Article 12 of the Agreement set up a Joint Committee whose task include monitoring the implementation of the Agreement. The Joint Committee noted the need for common guidelines to ensure that the consulates of Azerbaijan as well as those of the Member States, which are Parties to the Convention implementing the Schengen Agreement, apply the provisions of the Agreement in an entirely consistent way and to clarify the relationship between the Agreement and the other legal provisions of the contracting parties that continue to apply to visa issues not covered by the Agreement.
These Guidelines are not part of the Agreement and are not legally binding. However, it is highly recommended that diplomatic and consular staff abide by them in a consistent fashion.
• Consistency with existing provisions in the policy area
The Agreement takes precedence over Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) 2 on matters which they both regulate.
Visa Code provisions apply to all issues not covered by the Agreement, such as determining which Member State, among those who are Party to the Convention implementing the Schengen Agreement, is responsible for processing a visa application, the grounds for refusing to issue a visa, the right to appeal against a negative decision or the general rules on the personal interview with the applicant.
Schengen rules 3 and, where appropriate, national law also continue to apply to issues that are not covered by the Agreement, such as the recognition of travel documents, proof of sufficient means of subsistence, refusal of entry to the territory of the Member States, and expulsion measures.
Under Article 2(1) of the Agreement, the visa facilitations provided for in the Agreement apply to Azerbaijani citizens only insofar as they are not exempted from the visa requirement by Regulation 539/2001 4 . Indeed, if the Republic of Azerbaijan were to be transferred to Annex II of Regulation 539/2001, which lists the countries whose nationals are exempted from the visa requirement, the Agreement would cease to apply. However, as such an exemption would be granted only to holders of biometric passports (exemption to be specified in an Annex II footnote), the Agreement would continue to apply to citizens of the Republic of Azerbaijan holding a non-biometric passport.
2. LEGAL ELEMENTS OF THE PROPOSAL
The Guidelines, to be adopted by the Joint Committee following the adoption of the European Union’s position on the basis of this proposal, are intended to explain in detail the provisions of the Agreement, so that it is properly and consistently implemented.
They take into consideration the Visa Code and other legislative acts in the field of EU and Azerbaijani visa policy. The aim of the Guidelines is to ensure that the Member States’ consular staff act in accordance with the EU visa acquis when implementing the Agreement. They are also intended for use by Azerbaijani consulates to ensure the proper implementation of the Agreement.
3. RESULTS OF CONSULTATIONS AND IMPACT ASSESSMENTS
The Commission discussed these draft Guidelines with the competent authorities of the Republic of Azerbaijan at the Joint Committee meetings of 27 May 2015 and 3 May 2016, and through an exchange of emails between the contracting parties.
Member States were consulted on the draft Guidelines annexed to this proposal for a Council Decision in the context of the local Schengen cooperation in Baku and the Visa Working Party (the last consultation ended on 16 June 2017). The Joint Committee agreed the final version of the Guidelines through an exchange of emails on 5 June 2017.
4. BUDGETARY IMPLICATIONS
This proposal has no impact on the EU budget.