PURPOSE: to conclude an agreement amending the
agreement between the European Community and Antigua and Barbuda 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: by Decision of 30 November 2009, the
Council concluded the agreement between the European Community and
Antigua and Barbuda on the short-stay visa waiver.
Regulation
(EU) No 610/2013 amended the Convention implementing the
Schengen Agreement (CISA), Regulation
(EC) No 562/2006 (Schengen Borders Code) and Regulation
(EC) No 810/2009 (the Visa Code). In so doing, it has
redefined the term of ‘short-stay’ for
third-country nationals in the Schengen area.
As from 18 October 2013, for third-country nationals
– irrespective of being visa required or exempt – who
intend to travel to the Schengen area for a short-stay, the maximum
duration of authorised stay is defined as '90 days in any 180-day
period'.
The agreement between the Union and Antigua and
Barbuda on the short-stay visa waiver should incorporate this new
definition.
With a view to implementing the new definition of
short stay provided for in the amendment to the Schengen Borders
Code, the Commission adopted on 16 July 2014 a recommendation for a
Council Decision authorising negotiations to amend the Schengen the
short-stay visa waiver between the European Union and seven
countries: Antigua and Barbuda, the Bahamas, Barbados,
Brazil, Mauritius, Saint Kitts and Nevis and the
Seychelles.
The negotiations with Antigua and Barbuda were
successfully finalised by the initialling of the amending agreement
on 28 October 2016.
CONTENT: this proposal is presented to the Council to
authorise the conclusion of the Agreement amending the Agreement
between the European Community and Antigua and Barbuda on the
short-stay visa waiver.
The amendments introduced by the final agreement cover
the following points:
Duration of stay: the
final agreement provides for visa-free travel for the citizens of
the European Union and for the citizens of Antigua and Barbuda when
travelling to the other Contracting Party for a maximum period
of 90 days in any 180-day period (instead of a maximum period
of three months during a six months period following the date of
first entry).
A joint statement on the interpretation of the 90-day
period over any 180-day period is attached to the amending
agreement.
Suspension of the agreement: the agreement provides that suspension of the waiver
shall be lifted if the suspension is no longer required.
All other provisions of the existing agreement between
the European Community and Antigua and Barbuda on the short-stay
visa waiver remain unaffected by the amending agreement, including
the territorial scope.
The provisions of the agreement shall not apply to the
United Kingdom or to Ireland.