Explanatory Memorandum to COM(2020)709 - Conclusion of the Agreement with Cabo Verde amending the Agreement with Cape Verde on facilitating the issue of short-stay visas to citizens of Cape Verde and of the EU

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1. CONTEXT OF THE PROPOSAL

Reasons for and objectives of the proposal

Cabo Verde and the EU have enjoyed a close and very constructive relationship for more than 35 years, based firstof all on significant and continuing development cooperation. Since November 2007, relations between the EU and Cabo Verde are governed by the EU-Cabo Verde Special Partnership, which represents an ambitious tool in reinforcing of the bilateral relations, and constitutes a unique case among the African, Caribbean and Pacific Group of States (ACP). One of the objectives of the Special Partnership is to enhance mobility and people-to-people contacts between EU and Cabo Verdean citizens, as well as to increase cooperation in fighting irregular immigration. In the framework of this partnership, in 2008 Cabo Verde, as a first African country, concluded a Mobility Partnership with the EU and, subsequently, an Agreement on facilitating the issuing of short-stay visas to citizens of the Republic of Cape Verde and of the European Union 1 , adopted in parallel with an Agreement on the readmission of persons residing without authorisation 2 . Both agreements entered into force on 1 December 2014.

After almost 5 years of implementation of these Agreements and in light of the supervened changes of both the EU and Cabo Verde’s domestic legislation related to visas, namely the revision of the EU’s Visa Code 3 and Cabo Verde decision to exempt EU citizens from the visa requirement for stays up to 30 days 4 , the Joint Committee set up by the existing agreement explored the need to amend certain rules thereby established, with a view to adapt it to the changed circumstances.

On that basis, the Commission presented on 13 September 2019, a Recommendation 5 to the Council with a view to obtaining directives to negotiate an Agreement amending the existing Visa Facilitation Agreement with the Republic of Cabo Verde.

Following the authorisation given by the Council 6 on 29 October 2019, the negotiations with the Republic of Cabo Verde were formally opened in Brussels on 28 November 2019. One further round of talks took place on 30 January 2020 in Praia, where the chief negotiators reached agreement of principle on the draft text. The chief negotiators initialled the text of the agreement on 24 July 2020 via exchange of emails.

Member States have been regularly informed and consulted in the relevant Council Working Groups at all stages of the negotiations. The final draft of the agreement text was shared with the Visa Working Party and generally endorsed, via silent procedure, on 27 March 2020.

The attached proposal constitutes the legal instrument for the conclusion of the Agreement. The Council will decide by qualified majority.

2. AIM AND CONTENT OF THE AGREEMENT

The Agreement between the European Union and the Republic of Cabo Verde amending 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 on (hereinafter: ‘the Agreement’) aims to facilitate, on the basis of reciprocity, the issuance of visas for an intended stay of no more than 90 days in any 180-day period.

The Commission considers that the objectives set by the Council in its negotiating directives were attained and that the draft Agreement is acceptable to the Union.

Its final content can be summarised as follows:

– the visa fee for processing applications is reduced at 75% of the amount to be charged in accordance with the applicable domestic legislation (i.e. EUR 60 for Cabo Verdean citizens). This fee will be applied to all visa applicants. Moreover, spouses, children (including adopted children) under the age of 21 or dependent, and parents of either Cabo Verde citizens legally residing in the territory of a Member State, or Union citizens residing in the Member State of their nationality are fully waived from this requirement. In addition, for children who are at least 12 years old (but below 18 years old) the fee is further reduced by 50% of the generally applicable fee (i.e. EUR 30 for Cabo Verdean citizens);

– the documents to be presented regarding the purpose of the journey have been simplified for the following categories of applicants: members of official delegations; businesspeople; spouses, children and parents of Union citizens or Cabo Verdean citizens legally residing in the EU; school pupils, students and post-graduate students; participants in scientific, cultural, sporting and religious events; journalists and accompanying crew; persons travelling for medical reasons. For these categories of persons, only the documents listed in the agreement can be requested for justifying the purpose of the journey; applicants who have lawfully used a previous multiple-entry visa valid for at least one year are exempted from proving the proof of accommodation;

– the rules for issuing multiple-entry visas have been amended by focusing on the previous, lawful use of visas during given reference periods instead of the applicants’ purposes of travel: as a rule, 1-year multiple-entry visa is issued to those applicants who have lawfully used one visa in the previous 18 months; 2-year multiple-entry visa is issued to those applicants who have lawfully used a 1-year multiple-entry visa in the previous 30 months; a 3 to 5-year multiple-entry visa is issued to those applicants who have lawfully used a 2-year multiple-entry visa in the previous 42 months;

– holders of valid EU laissez-passer are exempted from the visa requirement for short-stays;

– the final clauses provide the possibility for the Parties to suspend the agreement, in whole or in part, for any reason deemed appropriate. A Joint Declaration on Article 12(5) of the Agreement concerning grounds for the suspension of the Agreement provides a non-exhaustive list of suspension grounds, such as public order, protection of national security or public health, for human rights and democracy considerations or for lack of cooperation in the field of readmission;

– the general clause of the Agreement is amended in view of ensuring that: the facilitation granted to Cabo Verdean citizens would be granted to Union citizens should the visa requirement for stays up to 30 days be re-imposed for their visit to Cabo Verde; at least the same facilitation are granted to Union citizens in case they apply for a Cabo Verde visa for stays of more than 30 days but not exceeding 90 days. A Joint Declaration on the rules for granting Cabo Verde visas to Union citizens for stays of over 30 days and not exceeding 90 days is attached to the Agreement and specifies that Union citizens may apply within the territory of Cabo Verde to the competent authorities for an extension of their stay;

– The Joint Declaration on cooperation on travel documents and regular exchange of information on travel document security is amended with a view to include a reference to Cabo Verde’s internal legislation introducing biometric travel documents;

– The specific situations of Denmark and Ireland are reflected in the preamble and in Joint Declarations attached to the Agreement.

3. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

Legal basis

This proposal is submitted to the Council in order to conclude the Agreement.

The legal basis for this proposal is point (a) of Article 77(2) of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Article 218 thereof.

Subsidiarity (for non-exclusive competence)

Under Article 77(2)(a) TFEU, the negotiation and conclusion of agreeements whose provisions affect the rules for the issuing of short-stay Schengen visas is within the exclusive competence of the Union.

Proportionality

The present proposal does not go beyond what is necessary to achieve the objective pursued, namely the conclusion of an international agreement facilitating the issuing of visas to Cabo Verdean and, on the basis of reciprocity, to Union citizens.

4. BUDGETARY IMPLICATIONS

This proposal does not entail additional costs for the EU budget.

5. CONCLUSIONS

In light of the above-mentioned results, the Commission proposes that the Council, after having received consent from the European Parliament, approves the conclusion of the attached Agreement between the European Union and the Republic of Cabo Verde amending 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.