Considerations on COM(2023)569 - Repealing Implementing Decision (EU) 2022/2459 on the application of an increased visa fee with respect to The Gambia

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dossier COM(2023)569 - Repealing Implementing Decision (EU) 2022/2459 on the application of an increased visa fee with respect to The Gambia.
document COM(2023)569
date April 12, 2024
 
(1) Cooperation on readmission with The Gambia was assessed as insufficient in accordance with Article 25a(2) of Regulation (EC) No 810/2009. Taking into account the steps taken by the Commission 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) Implementing Decision (EU) 2021/17816 temporarily suspended the application of certain provisions of Regulation (EC) No 810/2009 with respect to nationals of The Gambia.

(3) The assessment of the cooperation on readmission with The Gambia, following the adoption of Implementing Decision (EU) 2021/1781, indicated that no significant improvements had taken place, as cooperation on identification, issuance of travel documents and return operations remained challenging. Despite some limited developments, cooperation on readmission remained insufficient and substantial and sustained improvements were still needed. Therefore, Implementing Decision (EU) 2022/24597 introduced an increased visa fee for nationals of The Gambia.

(4) The Commission’s continuous assessment of the cooperation on readmission by The Gambia after Implementing Decision (EU) 2022/2459 indicates that a substantial and sustained improvement in the cooperation on readmission can be established with regard to the organisation of return flights and operations. Therefore, it is no longer necessary to apply an increased visa fee to nationals of The Gambia and Implementing Decision (EU) 2022/2459 should be repealed.

(5) The Commission’s continuous assessment of the cooperation on readmission by The Gambia also shows that the cooperation on readmission with The Gambia remains insufficient with regard to the assistance provided in the identification of Gambian nationals illegally staying on the territory of all Member States, the timely issuance of travel documents and the capacity and frequency of charter flights to allow for a sustainable reduction of the number of Gambian nationals illegally staying in the Member States. Implementing Decision (EU) 2021/1781 should therefore remain in force.

(6) 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 is to, 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.

(7) 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/EC8; Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(8) 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 acquis9 which fall within the area referred to in Article 1, point B, of Council Decision 1999/437/EC10.

(9) 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 acquis11 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/EC12.

(10) 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 acquis13 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/EU14.

(11) 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 and Article 4(2) of the 2005 Act of Accession.