In accordance with Article 25a(2) of Regulation (EC) No 810/2009, the Commission is to regularly assess third countries’ cooperation on readmission. Based on the assessment carried out in accordance with that provision, cooperation on readmission with The Gambia was assessed as insufficient. Taking into account the steps taken to improve the level of cooperation, and the Union’s overall relations with The Gambia, it was considered that The Gambia’s cooperation with the Union on readmission matters was not sufficient and action by the Union was therefore necessary.
(2)
In accordance with Article 25a(5), point (a), of Regulation (EC) No 810/2009, on 7 October 2021 Council Implementing Decision (EU) 2021/1781 (2) was adopted, by which the application of certain provisions of Regulation (EC) No 810/2009 was temporarily suspended with respect to certain nationals of The Gambia.
(3)
In accordance with Article 25a(2) of Regulation (EC) No 810/2009, the Commission has continuously assessed the cooperation on readmission with The Gambia after the entry into force of Implementing Decision (EU) 2021/1781. The assessment indicates that no significant improvements have taken place, as cooperation on identification and return remains challenging, the timeframe set by the EU-Gambia readmission arrangement was not adhered to and a moratorium on returns by charter flights – unilaterally introduced by The Gambia – remained in place until March 2022. Despite some limited developments, in particular the issuance of three landing permits for return operations that took place after the suspension of the moratorium introduced by The Gambia, cooperation on readmission remains insufficient and substantial and sustained improvements are still needed.
(4)
The assessment by the Commission is that, despite the measures adopted in Implementing Decision (EU) 2021/1781, The Gambia’s cooperation with the Union on readmission matters continues to be insufficient and further action is therefore needed, without affecting Implementing Decision (EU) 2021/1781.
(5)
The application of a higher visa fee, on a gradual basis, to nationals of The Gambia should send a clear signal to the Gambian authorities on the need to undertake the necessary actions to improve cooperation on readmission.
(6)
A visa fee of EUR 120, as set out in Regulation (EC) No 810/2009, should therefore apply to nationals of The Gambia who are subject to the visa requirement pursuant to Regulation (EU) 2018/1806 of the European Parliament and of the Council (3). In accordance with that Regulation, that fee does not concern children below the age of 12 years. Neither should it apply to applicants for whom the visa fee is waived or reduced in accordance with Regulation (EC) No 810/2009.
(7)
This Decision should not affect the application of Directive 2004/38/EC of the European Parliament and of the Council (4), which extends the right of free movement to family members, independent of their nationality, when joining or accompanying a Union citizen. This Decision should thus neither apply to family members of a Union citizen to whom Directive 2004/38/EC applies, nor to family members of a national of a third country enjoying a right of free movement equivalent to that of Union citizens under an agreement between the Union and a third country.
(8)
The measures provided for in this Decision should be without prejudice to the obligations of the Member States under international law, including as host countries of international intergovernmental organisations or of international conferences convened by the United Nations or other international intergovernmental organisations hosted by Member States. Thus, the application of the increased visa fee should not apply to nationals of The Gambia, applying for a visa, in so far as that is necessary for Member States to comply with their obligations as host countries of such organisations or of such conferences.
(9)
In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Decision whether it will implement it in its national law.
(10)
This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (5); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(11)
As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (6) which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC (7).
(12)
As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (8) which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (9).
(13)
As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (10) which fall within the area referred to in Article 1, point B of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (11).
(14)
This Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2011 Act of Accession,
