Implementing decision 2022/2459 - Application of an increased visa fee with respect to The Gambia

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1.

Current status

This implementing decision was in effect until April 24, 2024 and should have been implemented in national regulation on December 14, 2022 at the latest.

2.

Key information

official title

Council Implementing Decision (EU) 2022/2459 of 8 December 2022 on the application of an increased visa fee with respect to The Gambia
 
Legal instrument implementing decision
Number legal act Implementing decision 2022/2459
Regdoc number ST(2022)15216
Original proposal COM(2022)632 EN
CELEX number i 32022D2459

3.

Key dates

Document 08-12-2022; Date of adoption
Publication in Official Journal 15-12-2022; OJ L 321 p. 18-21
Effect 14-12-2022; Takes effect Date notif. See Art 3
End of validity 24-04-2024; Repealed by 32024D1231 {repealing.act.provisional.date.notification.disclaimer|http://publications.europa.eu/resource/authority/fd_365/repealing.act.provisional.date.notification.disclaimer}
Notification 14-12-2022

4.

Legislative text

15.12.2022   

EN

Official Journal of the European Union

L 321/18

 

COUNCIL IMPLEMENTING DECISION (EU) 2022/2459

of 8 December 2022

on the application of an increased visa fee with respect to The Gambia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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) (1), and in particular Article 25a(5), point (b) thereof,

Having regard to the proposal from the European Commission,

Whereas:

 

(1)

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...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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