BETA

Awaiting committee decision



2015/0199(NLE) EU/Peru Agreement: short-stay visa waiver
RoleCommitteeRapporteurShadows
Opinion AFET
Lead LIBE GABRIEL Mariya (EPP) GUILLAUME Sylvie (S&D), STEVENS Helga (ECR), MICHEL Louis (ALDE), VERGIAT Marie-Christine (GUE/NGL), VALERO Bodil (Verts/ALE)
Lead committee dossier: LIBE/8/04502
Legal Basis TFEU 077-p2, TFEU 218-p6a

Activites

  • 2016/04/14 Committee referral announced in Parliament, 1st reading/single reading
  • #3455
  • 2016/03/10 Council Meeting
  • 2016/03/10 Act adopted by Council after consultation of Parliament
  • 2016/03/07 Legislative proposal published
    • 12099/2015
    • DG {'url': 'http://ec.europa.eu/dgs/home-affairs/', 'title': 'Migration and Home Affairs'}, AVRAMOPOULOS Dimitris
  • 2015/09/14 Initial legislative proposal published
    • COM(2015)0439 summary
    • DG {'url': 'http://ec.europa.eu/dgs/home-affairs/', 'title': 'Migration and Home Affairs'}, AVRAMOPOULOS Dimitris

Documents

History

(these mark the time of scraping, not the official date of the change)

activities/1/docs/0/text
  • PURPOSE: to conclude the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

    BACKGROUND: the Commission has negotiated on behalf of the European Union an agreement with the Republic of Peru on the short-stay visa waiver.

    In accordance with a Council Decision, the Agreement has been signed and is applied on a provisional basis. It is now necessary to approve the Agreement on behalf of the EU.

    CONTENT: the Agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period. The visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity.

    This Decision constitutes a development of the provisions of the Schengen acquis. Therefore, the provisions of the future Agreement shall not apply to Ireland or the United Kingdom.

    The Agreement sets up a Joint Committee of experts for the management of the Agreement. The Union is to be represented within that Joint Committee by the Commission, which should be assisted by the representatives of the Member States.

    For further details on the main elements of this Agreement, please refer to the summary of the initial proposal dated from 14.09.2015.

activities/4
date
2016-04-14T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
procedure/dossier_of_the_committee
LIBE/8/04502
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
activities/0/docs/0/text/0
Old

PURPOSE: to conclude the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

BACKGROUND: Regulation (EU) No 509/2014 of the European Parliament and of the Council amended Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States and those whose nationals are exempt from that requirement. The Regulation was adopted on 20 May 2014 and entered into force on 9 June 2014.

Regulation (EU) No 509/2014 transferred 19 countries to Annex II, which lists the third countries whose nationals are exempt from the visa requirement. Those 19 countries are: Colombia, Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Peru, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu.

Colombia and Peru were, according to Recital 5 of Regulation (EU) No 509/2014 and the joint declaration issued at the time of adoption, subject to a specific procedure which required a further assessment of those countries against the relevant criteria, before the Commission could present to the Council recommendations for decisions authorising the opening of negotiations on visa waiver agreements with those two countries.

In October 2014, the Commission adopted a report broadly assessing the situation of Peru. The Commission concluded that the significant improvement of the Peruvian economic and social situation in recent years provided justification that Peruvians should be granted visa-free access to the Member States' territory. In addition, the visa waiver agreement contains the necessary safeguards to suspend or terminate the agreement should this be required to avoid security or migration risks for the Union.

In March 2015, the Commission presented a Recommendation to the Council to authorise it to start negotiations on visa waiver agreements with Colombia and Peru. On 19 May 2015, the Council addressed negotiating directives to the Commission. The negotiations with Peru were opened on 20 May 2015 in Brussels. The agreement was initialled by the chief negotiators on 9 June 2015.

The Commission considered that the objectives set by the Council in its negotiating directives were attained and that the draft visa waiver agreement is acceptable to the Union.

CONTENT: the Commission proposes that the Council approve the Agreement between the European Union and Peru on the short-stay visa waiver.

The content of the agreement may be summarised as follows:

Purpose and duration of stay: the agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period.

In order to safeguard equal treatment of all EU citizens, a provision has been included in the agreement stating that Peru may suspend or terminate the agreement only in respect of all the Member States of the European Union and that the Union may also only suspend or terminate the agreement in respect of all of its Member States.

The agreement takes into account the situation of the Member States that do not yet apply the Schengen acquis in full. As long as they are not part of the Schengen area without internal borders, the visa waiver confers a right for the nationals of Peru to stay for 90 days in any 180-day on the territory of each of those Member States (currently Bulgaria, Croatia, Cyprus and Romania), independently of the period calculated for the whole Schengen area.

Scope: the visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity. For this latter category, each Member State and also Peru remain free to impose the visa requirement on the citizens of the other Party in accordance with the applicable Union or national law. In order to ensure harmonised implementation, a joint declaration is attached to the agreement on the interpretation of the category of persons travelling for the purpose of carrying out a paid activity.

Biometric passports: the Agreement includes a number of declarations:

  • on the introduction of biometric passports by Peru, declaring that Peru commits to issuing biometric passports by 31 December 2015 at the latest and that failure to introduce biometric/passports by that date constitutes sufficient grounds for suspension of the agreement;
  • on cooperation concerning irregular migration with a commitment to conclude a readmission agreement upon request by either Party, in particular in case of an increase of irregular migration and in problems regarding the readmission of irregular migrants. Failure to conclude a readmission agreement upon request constitutes sufficient grounds for suspension of the agreement.

Territorial application: in the case of France and the Netherlands, the visa waiver would entitle nationals of Peru to stay only in those Member States’ European territories.

The provisions of the Agreement do not apply to the United Kingdom and Ireland.

The Agreement establishes a Joint Committee for the management of the Agreement, which shall adopt its rules of procedure.

New

PURPOSE: to conclude the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

BACKGROUND: Regulation (EU) No 509/2014 of the European Parliament and of the Council amended Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States and those whose nationals are exempt from that requirement. The Regulation was adopted on 20 May 2014 and entered into force on 9 June 2014.

Regulation (EU) No 509/2014 transferred 19 countries to Annex II, which lists the third countries whose nationals are exempt from the visa requirement. Those 19 countries are: Colombia, Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Peru, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu.

Colombia and Peru were, according to Recital 5 of Regulation (EU) No 509/2014 and the joint declaration issued at the time of adoption, subject to a specific procedure which required a further assessment of those countries against the relevant criteria, before the Commission could present to the Council recommendations for decisions authorising the opening of negotiations on visa waiver agreements with those two countries.

In October 2014, the Commission adopted a report broadly assessing the situation of Peru. The Commission concluded that the significant improvement of the Peruvian economic and social situation in recent years provided justification that Peruvians should be granted visa-free access to the Member States' territory. In addition, the visa waiver agreement contains the necessary safeguards to suspend or terminate the agreement should this be required to avoid security or migration risks for the Union.

In March 2015, the Commission presented a Recommendation to the Council to authorise it to start negotiations on visa waiver agreements with Colombia and Peru. On 19 May 2015, the Council addressed negotiating directives to the Commission. The negotiations with Peru were opened on 20 May 2015 in Brussels. The agreement was initialled by the chief negotiators on 9 June 2015.

The Commission considered that the objectives set by the Council in its negotiating directives were attained and that the draft visa waiver agreement is acceptable to the Union.

CONTENT: the Commission proposes that the Council approve the Agreement between the European Union and Peru on the short-stay visa waiver.

The content of the agreement may be summarised as follows:

Purpose and duration of stay: the agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period.

In order to safeguard equal treatment of all EU citizens, a provision has been included in the agreement stating that Peru may suspend or terminate the agreement only in respect of all the Member States of the European Union and that the Union may also only suspend or terminate the agreement in respect of all of its Member States.

The agreement takes into account the situation of the Member States that do not yet apply the Schengen acquis in full. As long as they are not part of the Schengen area without internal borders, the visa waiver confers a right for the nationals of Peru to stay for 90 days in any 180-day on the territory of each of those Member States (currently Bulgaria, Croatia, Cyprus and Romania), independently of the period calculated for the whole Schengen area.

Scope: the visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity. For this latter category, each Member State and also Peru remain free to impose the visa requirement on the citizens of the other Party in accordance with the applicable Union or national law. In order to ensure harmonised implementation, a joint declaration is attached to the agreement on the interpretation of the category of persons travelling for the purpose of carrying out a paid activity.

Biometric passports: the Agreement includes a number of declarations:

  • on the introduction of biometric passports by Peru, declaring that Peru commits to issuing biometric passports by 31 December 2015 at the latest and that failure to introduce biometric/passports by that date constitutes sufficient grounds for suspension of the agreement;
  • on cooperation concerning irregular migration with a commitment to conclude a readmission agreement upon request by either Party, in particular in case of an increase of irregular migration and in problems regarding the readmission of irregular migrants. Failure to conclude a readmission agreement upon request constitutes sufficient grounds for suspension of the agreement.

Territorial application: in the case of France and the Netherlands, the visa waiver would entitle nationals of Peru to stay only in those Member States’ European territories.

The provisions of the Agreement do not apply to the United Kingdom and Ireland.

The Agreement establishes a Joint Committee for the management of the Agreement, which shall adopt its rules of procedure.

activities/0/docs/0/type
Old
Legislative proposal published
New
Initial legislative proposal published
activities/0/type
Old
Legislative proposal published
New
Initial legislative proposal published
activities/1
date
2016-03-07T00:00:00
docs
url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=12099%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 12099/2015
body
EC
type
Legislative proposal published
commission
DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs Commissioner: AVRAMOPOULOS Dimitris
activities/1
date
2016-03-10T00:00:00
body
CSL
type
Council Meeting
council
Justice and Home Affairs (JHA)
meeting_id
3455
activities/2
date
2016-03-10T00:00:00
body
EP/CSL
type
Act adopted by Council after consultation of Parliament
committees/1/shadows
  • group: S&D name: GUILLAUME Sylvie
  • group: ECR name: STEVENS Helga
  • group: ALDE name: MICHEL Louis
  • group: GUE/NGL name: VERGIAT Marie-Christine
  • group: Verts/ALE name: VALERO Bodil
committees/1/date
2015-10-26T00:00:00
committees/1/rapporteur
  • group: EPP name: GABRIEL Mariya
activities/0/docs/0/celexid
CELEX:52015PC0439:EN
activities
  • date: 2015-09-14T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0439/COM_COM(2015)0439(ANN)_EN.pdf type: Legislative proposal published title: COM(2015)0439 body: EC commission: DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs Commissioner: AVRAMOPOULOS Dimitris type: Legislative proposal published
committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other
  • body: EC dg: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
procedure
legal_basis
reference
2015/0199(NLE)
title
EU/Peru Agreement: short-stay visa waiver
geographical_area
Peru
stage_reached
Preparatory phase in Parliament
subtype
Consent by Parliament
type
NLE - Non-legislative enactments
subject