BETA


2018/0084(NLE) EU/Brazil Agreement: amending EU/Brazil Agreement on short-stay visa waiver for holders of ordinary passports

Progress: Awaiting committee decision

RoleCommitteeRapporteurShadows
Lead LIBE RANGEL Paulo (icon: EPP EPP) FAJON Tanja (icon: S&D S&D), KOVAŘÍK Ondřej (icon: Renew Renew), KUHNKE Alice (icon: Verts/ALE Verts/ALE), FEST Nicolaus (icon: ID ID), WIŚNIEWSKA Jadwiga (icon: ECR ECR), DALY Clare (icon: GUE/NGL GUE/NGL)
Former Responsible Committee LIBE
Lead committee dossier:
Legal Basis:
TFEU 077-p2, TFEU 218-p6a

Events

2022/01/13
   EP - Committee draft report
Documents
2021/11/10
   EP - Committee referral announced in Parliament
2021/10/26
   EC - Legislative proposal published
Details

PURPOSE: to conclude the Agreement between the European Union and Brazil amending the Agreement between the European Union and Brazil on short-stay visa waiver for holders of ordinary passports.

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 negotiated on behalf of the EU an agreement with Brazil amending the EU-Brazil agreement on short-stay visa waiver for holders of ordinary passports. The agreement was signed on 27 September 2021, subject to its conclusion. The agreement should now be approved.

CONTENT: the purpose of the draft Council decision is to approve, on behalf of the Union, the agreement between the European Union and Brazil amending the agreement between the European Union and Brazil on short-stay visa waiver for holders of ordinary passports .

The agreement provides for visa-free travel for EU citizens and for Brazilian citizens holding ordinary passports when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any period of 180 days.

The proposed decision constitutes a development of the provisions of the Schengen acquis. Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

Documents
2019/09/04
   EP - RANGEL Paulo (EPP) appointed as rapporteur in LIBE
2018/04/11
   EC - Document attached to the procedure
2018/04/11
   EP - Preparatory document
Details

PURPOSE: to conclude, on behalf of the Union, the Agreement between the European Union and Brazil amending the Agreement between the European Union and Brazil on short-stay visa waiver for holders of ordinary passports .

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 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 Brazil 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 Brazil were successfully finalised on 31 October 2017 by the initialling of the agreements amending the two Agreements between the European Union and Brazil on short-stay visa waiver for holders of diplomatic, service or official passports , and for holders of ordinary passports.

Both parties have agreed to adopt the new definition of 'short-stay', among other technical details, but all amendments are insignificant from the traveller's point of view.

CONTENT: the Commission calls on the Council to adopt a decision aiming to approve the Agreement between the European Union and Brazil on the short-stay visa waiver for holders of ordinary passports .

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 Brazil 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).

An amendment has been made clarifying that a suspension of the visa waiver shall actually be lifted if the reasons that led to the suspension disappear. On this point, the amendment aligns the wording of the agreement with Brazil on short-stay visa waiver for holders of ordinary passports with that of all other visa waiver agreements signed by the Union in 2015 and 2016.

Entry into force : the Agreement will enter into force on the first day of the 6th month following the date on which the last Contracting Party notifies the other that the ratification procedures have been completed. To ensure legal certainty and enable travellers to comprehend the law and to comply with it, a sufficiently long transitional period is necessary. Once ratification of the Agreement has been completed, the six-month period will allow travellers to complete short stays that are still entirely calculated under the old definition, before entry into force of the new short-stay definition and its 180-day backward-looking reference period.

All other provisions of the existing agreement between the European Union and Brazil on short-stay visa waiver for holders of ordinary passports remain unaffected by the Agreement, including the territorial scope.

Territorial application : the provisions of the Agreement do not apply to the United Kingdom or to Ireland.

The Union has no power to amend visa waiver agreements that would bind the four countries that are associated with the implementation of the Schengen acquis, including the common visa policy. In order to ensure a harmonised approach and implementation of the provisions on the duration of authorised stay in the Schengen area, a joint declaration is included in the Agreement, stating the desirability for Brazil, on the one hand, and Iceland, Liechtenstein, Norway and Switzerland, on the other, to accordingly modify their existing bilateral visa waiver agreements.

Documents

History

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

docs/1/docs/0/url
https://www.europarl.europa.eu/doceo/document/LIBE-PR-703232_EN.html
committees/1/rapporteur
  • name: UNGUREANU Traian date: 2018-06-04T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
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2022-01-13T00:00:00
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2021-10-26T00:00:00
docs
title: 13448/1/2018
type
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events/1/summary
  • PURPOSE: to conclude the Agreement between the European Union and Brazil amending the Agreement between the European Union and Brazil on short-stay visa waiver for holders of ordinary passports.
  • 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 negotiated on behalf of the EU an agreement with Brazil amending the EU-Brazil agreement on short-stay visa waiver for holders of ordinary passports. The agreement was signed on 27 September 2021, subject to its conclusion. The agreement should now be approved.
  • CONTENT: the purpose of the draft Council decision is to approve, on behalf of the Union, the agreement between the European Union and Brazil amending the agreement between the European Union and Brazil on short-stay visa waiver for holders of ordinary passports .
  • The agreement provides for visa-free travel for EU citizens and for Brazilian citizens holding ordinary passports when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any period of 180 days.
  • The proposed decision constitutes a development of the provisions of the Schengen acquis. Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.
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2021-11-10T00:00:00
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  • name: FAJON Tanja group: Group of Progressive Alliance of Socialists and Democrats abbr: S&D
  • name: KOVAŘÍK Ondřej group: Renew Europe group abbr: Renew
  • name: KUHNKE Alice group: Group of the Greens/European Free Alliance abbr: Verts/ALE
  • name: WIŚNIEWSKA Jadwiga group: European Conservatives and Reformists Group abbr: ECR
  • name: DALY Clare group: The Left group in the European Parliament - GUE/NGL abbr: GUE/NGL
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    • date: 2018-04-11T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0174/COM_COM(2018)0174_EN.pdf title: COM(2018)0174 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2018&nu_doc=0174 title: EUR-Lex type: Document attached to the procedure body: EC
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    • date: 2018-04-11T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0175/COM_COM(2018)0175_EN.pdf title: COM(2018)0175 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2018&nu_doc=0175 title: EUR-Lex summary: PURPOSE: to conclude, on behalf of the Union, the Agreement between the European Union and Brazil amending the Agreement between the European Union and Brazil on short-stay visa waiver for holders of ordinary passports . 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 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 Brazil 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 Brazil were successfully finalised on 31 October 2017 by the initialling of the agreements amending the two Agreements between the European Union and Brazil on short-stay visa waiver for holders of diplomatic, service or official passports , and for holders of ordinary passports. Both parties have agreed to adopt the new definition of 'short-stay', among other technical details, but all amendments are insignificant from the traveller's point of view. CONTENT: the Commission calls on the Council to adopt a decision aiming to approve the Agreement between the European Union and Brazil on the short-stay visa waiver for holders of ordinary passports . 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 Brazil 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). An amendment has been made clarifying that a suspension of the visa waiver shall actually be lifted if the reasons that led to the suspension disappear. On this point, the amendment aligns the wording of the agreement with Brazil on short-stay visa waiver for holders of ordinary passports with that of all other visa waiver agreements signed by the Union in 2015 and 2016. Entry into force : the Agreement will enter into force on the first day of the 6th month following the date on which the last Contracting Party notifies the other that the ratification procedures have been completed. To ensure legal certainty and enable travellers to comprehend the law and to comply with it, a sufficiently long transitional period is necessary. Once ratification of the Agreement has been completed, the six-month period will allow travellers to complete short stays that are still entirely calculated under the old definition, before entry into force of the new short-stay definition and its 180-day backward-looking reference period. All other provisions of the existing agreement between the European Union and Brazil on short-stay visa waiver for holders of ordinary passports remain unaffected by the Agreement, including the territorial scope. Territorial application : the provisions of the Agreement do not apply to the United Kingdom or to Ireland. The Union has no power to amend visa waiver agreements that would bind the four countries that are associated with the implementation of the Schengen acquis, including the common visa policy. In order to ensure a harmonised approach and implementation of the provisions on the duration of authorised stay in the Schengen area, a joint declaration is included in the Agreement, stating the desirability for Brazil, on the one hand, and Iceland, Liechtenstein, Norway and Switzerland, on the other, to accordingly modify their existing bilateral visa waiver agreements.
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    • See also 2010/0228(NLE)
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    • 7.10.04 External borders crossing and controls, visas
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    7.10.04
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    • See also
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    Old
    EU/Brazil Agreement: amending EU/Brazil Agreement on short-stay visa waiver for holders of ordinary passports
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    EU/Brazil Agreement: amending EU/Brazil Agreement on short-stay visa waiver for holders of ordinary passports
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    • group: S&D name: FAJON Tanja
    • group: ALDE name: HYUSMENOVA Filiz
    • group: GUE/NGL name: VERGIAT Marie-Christine
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    • PURPOSE: to conclude, on behalf of the Union, the Agreement between the European Union and Brazil amending the Agreement between the European Union and Brazil on short-stay visa waiver for holders of ordinary passports.

      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 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 Brazil 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 Brazil were successfully finalised on 31 October 2017 by the initialling of the agreements amending the two Agreements between the European Union and Brazil on short-stay visa waiver for holders of diplomatic, service or official passports, and for holders of ordinary passports.

      Both parties have agreed to adopt the new definition of 'short-stay', among other technical details, but all amendments are insignificant from the traveller's point of view.

      CONTENT: the Commission calls on the Council to adopt a decision aiming to approve the Agreement between the European Union and Brazil on the short-stay visa waiverfor holders of ordinary passports.

      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 Brazil 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).

      An amendment has been made clarifying that a suspension of the visa waiver shall actually be lifted if the reasons that led to the suspension disappear. On this point, the amendment aligns the wording of the agreement with Brazil on short-stay visa waiver for holders of ordinary passports with that of all other visa waiver agreements signed by the Union in 2015 and 2016.

      Entry into force: the Agreement will enter into force on the first day of the 6th month following the date on which the last Contracting Party notifies the other that the ratification procedures have been completed. To ensure legal certainty and enable travellers to comprehend the law and to comply with it, a sufficiently long transitional period is necessary. Once ratification of the Agreement has been completed, the six-month period will allow travellers to complete short stays that are still entirely calculated under the old definition, before entry into force of the new short-stay definition and its 180-day backward-looking reference period.

      All other provisions of the existing agreement between the European Union and Brazil on short-stay visa waiver for holders of ordinary passports remain unaffected by the Agreement, including the territorial scope. 

      Territorial application: the provisions of the Agreement do not apply to the United Kingdom or to Ireland.

      The Union has no power to amend visa waiver agreements that would bind the four countries that are associated with the implementation of the Schengen acquis, including the common visa policy. In order to ensure a harmonised approach and implementation of the provisions on the duration of authorised stay in the Schengen area, a joint declaration is included in the Agreement, stating the desirability for Brazil, on the one hand, and Iceland, Liechtenstein, Norway and Switzerland, on the other, to accordingly modify their existing bilateral visa waiver agreements.

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    • date: 2018-04-11T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0175/COM_COM(2018)0175_EN.pdf celexid: CELEX:52018PC0175:EN type: Legislative proposal published title: COM(2018)0175 body: EC type: Legislative proposal published commission:
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