PURPOSE: to conclude the Agreement between the
European Union and Tuvalu 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 a visa when crossing the
external borders of the Member States and those whose nationals are
exempt from that requirement.
Regulation (EU) No 509/2014 was adopted on 20 May 2014
and entered into force on 9 June 2014. It is applied by all Member
States with the exception of Ireland and the United
Kingdom.
In July 2014, the Commission presented a
Recommendation to the Council to authorise it to start negotiations
on visa waiver agreements with each of the following 17
countries.
The first series of visa waiver agreements
were signed on 6 May 2015 (United Arab
Emirates), 26 May 2015 (Timor-Leste) and 28 May 2015 (Dominica,
Grenada, Saint Lucia, Saint Vincent and the Grenadines, Samoa,
Trinidad and Tobago and Vanuatu) and provisionally apply from the
date of signature pending their entry into force. The Council has
authorised the signature of a second series of visa waiver
agreements with Tonga (signed on 20 November 2015), Colombia
(signed on 2 December 2015), Kiribati (date of signature to be
determined) and Palau (signed on 7 December 2015). These four
agreements provisionally apply from the day following the date of
signature pending their entry into force.
The negotiations with Tuvalu were opened on 19
November 2014. The agreement was initialled by the chief
negotiators in Brussels on 8 October 2015.
The Commission considers 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 calls on the Council to adopt
a decision aiming to approve the Agreement between the European
Union and Tuvalu on the short-stay visa waiver.
The final 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 Tuvalu when
travelling to the territory of the other Contracting Party for a
maximum period of 90 days in any 180-day period. A joint
declaration on the interpretation of this period of 90 days in any
180-day period is attached to the agreement.
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 Tuvalu 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.
A provision has been included in the agreement stating
that Tuvalu 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.
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 those travelling to
carry out a paid activity, each Member State and also Tuvalu remain
free to impose the visa requirement on the citizens of the other
Party in accordance with the applicable Union or national law. 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.
Territorial application:
in the case of France and the Netherlands, the visa waiver would
entitle nationals of Tuvalu to stay only in those Member
States European territories.
The provisions of the Agreement do not apply to the
United Kingdom or to Ireland.
A joint declaration on the association of Norway,
Iceland, Switzerland and Liechtenstein to the implementation,
application and development of the Schengen acquis is annexed to
the agreement.
Lastly, the Agreement sets up a Joint Committee of
experts for the management of the Agreement.