Implementing decision 2021/1781 - Suspension of certain provisions of Regulation 810/2009 with respect to The Gambia - Main contents

EN

Official Journal of the European Union

L 360/124

At the end of February 2019, the Gambian authorities unilaterally decided to impose a moratorium on all forced return operations, which prevented effective returns for most of 2019. After the lifting of the moratorium in January 2020, Member States have been confronted with recurring obstacles imposed by The Gambia to the organisation and implementation of return operations. Fluctuating levels of Gambian cooperation have also hampered all phases of the return process, including when applying the existing good practices and other operational arrangements previously agreed between the Union and The Gambia. On 6 April 2021, the Gambian authorities indicated that the country was not in a position to receive returnees until further notice, and in June 2021, they confirmed the existence of ‘a moratorium on forced return or repatriation until after the elections in December’.

Since 2019, the Commission has taken steps to improve The Gambia’s level of cooperation in the readmission of illegally staying third-country nationals. Those steps consisted of several meetings with the Gambian authorities, at both technical and political levels, to find mutually agreeable solutions, and to agree on further support projects to the benefit of The Gambia. In parallel, high-level exchanges between the Commission and The Gambia have taken place. Readmission matters were also raised with The Gambia in other meetings organised by the EEAS.

Taking into account the steps taken so far by the Commission to improve the level of cooperation, and the Union’s overall relations with The Gambia, it is considered that The Gambia’s cooperation with the Union on readmission matters is not sufficient and action by the Union is therefore necessary.

The application of certain provisions of Regulation (EC) No 810/2009 should therefore be temporarily suspended for 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 (2). This ought to encourage the Gambian authorities to undertake the necessary actions to improve cooperation on readmission matters.

The provisions temporarily suspended are those set out in Article 25a(5), point (a), of the Visa Code: suspension of the possibility of waiving requirements with regard to the documentary evidence to be submitted by visa applicants referred to in Article 14(6), suspension of the general 15 calendar days processing period referred to in Article 23(1) (which as a consequence also excludes the application of the rule on the extension of this period up to a maximum of 45 days in individual cases), suspension of the issuing of multiple-entry visas in accordance with Article 24(2) and (2c) and, suspension of the optional visa fee waiver for holders of diplomatic and service passports in accordance with Article 16(5), point (b).

Article 21(1) of the Treaty on the Functioning of the European Union (TFEU) provides that every citizen of the Union has the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in...