The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Mariya GABRIEL (EPP, BG) on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and Tuvalu on the short-stay visa waiver.

The committee recommended that Parliament give its consent to conclusion of the agreement.

To recall, 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. 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.

The agreement was signed on 1 July 2016 in Brussels. Since that date, the agreement has been applied provisionally.

The report is accompanied by a short justification stating that the agreement represents a culmination of the deepening of relations between the European Union and Tuvalu - which is politically highly significant in the context of the Cotonou Agreement – and is an additional way of stepping up economic and cultural relations and intensifying political dialogue on various issues, including human rights and fundamental freedoms.

• Tuvalu’s economy is primarily based on services (more than 60% of GDP), including Internet services, with the sale of licences to use the .tv domain name constituting a major source of government revenue. Agriculture and fishing account for more than 20% of GDP. Tourism is relatively limited. Tuvalu also remains dependent on international development assistance, and there are still major economic disparities between the islands in the archipelago. The EU is currently negotiating Comprehensive Economic Partnership Agreements with 14 Pacific countries, including Tuvalu. 
• Politically, Tuvalu is a stable parliamentary democracy; it is a member of the Commonwealth. The two main issues in the political dialogue between the EU and Tuvalu are, firstly, environmental protection and climate change and, secondly, protection of human rights and gender equality. The agreement allows a balanced, regular and in-depth political dialogue on these issues, which remain priorities for the EU.
• With regard to mobility, the data available show that the visa refusal rate for nationals of Tuvalu and of the other Pacific island states is very low. However, it is complicated for Tuvalu nationals to make visa applications because Schengen Area countries’ consulates are so far away. Migration is directed more towards Australia and New Zealand. The country does not therefore pose any threat in terms of irregular migration, migration flows, security or public policy.

As regards the implementation and monitoring of the agreement, the rapporteur:

• called on the Commission to observe any developments in relation to issues of clandestine immigration, public policy and security, but also the Union’s external relations with the third countries concerned, including, in particular, considerations relating to respect for human rights and fundamental freedoms;
• called on the Commission and the authorities of Tuvalu to ensure full reciprocity of the visa waiver, which should permit equal treatment of all citizens, particularly all citizens of the Union;
• encouraged the Commission to review the composition of the joint management committees for future agreements so that Parliament might be involved in the work of the Joint Committee. 

Lastly, the rapporteur also queried the practice of signing visa waiver agreements and applying them provisionally before the European Parliament has approved them, a practice that is liable to reduce Parliament’s room for manoeuvre.

PURPOSE: to conclude, on behalf of the Union, of 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: the Commission has negotiated on behalf of the Union an agreement with Tuvalu on the short-stay visa waiver.

In accordance with a Council Decision, the Agreement has been signed and is applied on a provisional basis. The Agreement should now be approved on behalf of the European Union.

CONTENT: the proposed Council Decision seeks the approval, on behalf of the Union, of the Agreement between the European Union and Tuvalu on the short-stay visa waiver.

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

The visa waiver covers all categories of persons (holders of ordinary, diplomatic, service/official and special passports) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity.

The provisions of the future Agreement shall not apply to the United Kingdom or Ireland.

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.

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.

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.