BETA


2018/0086(NLE) EU/Brazil Agreement: amending EU/Brazil Agreement on short-stay visa waiver for holders of diplomatic, service or official passports

Progress: Preparatory phase in Parliament

RoleCommitteeRapporteurShadows
Lead LIBE
Former Responsible Committee LIBE UNGUREANU Traian (icon: PPE PPE)
Legal Basis:
TFEU 077-p2, TFEU 218-p6a

Events

2018/06/04
   EP - Former Responsible Committee
2018/04/11
   EC - Document attached to the procedure
2018/04/11
   EC - Legislative proposal published
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 diplomatic, service or official 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 diplomatic, service or official 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 holding a valid diplomatic, service or official passport and for the citizens of Brazil holding a valid diplomatic, service or official passport 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). The new definition is applied throughout the Agreement.

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 diplomatic, service or official 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)

activities
  • date
    2018-04-11T00:00:00
    docs
    • url
      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0177/COM_COM(2018)0177_EN.pdf
      text
      • 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 diplomatic, service or official 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 diplomatic, service or official 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 holding a valid diplomatic, service or official passport and for the citizens of Brazil holding a valid diplomatic, service or official passport 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). The new definition is applied throughout the Agreement.

        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 diplomatic, service or official 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.

      title
      COM(2018)0177
      type
      Legislative proposal published
      celexid
      CELEX:52018PC0177:EN
    body
    EC
    commission
    • DG
      Commissioner
      AVRAMOPOULOS Dimitris
    type
    Legislative proposal published
commission
  • body
    EC
    dg
    Migration and Home Affairs
    commissioner
    AVRAMOPOULOS Dimitris
committees/0
type
Responsible Committee
body
EP
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
associated
False
date
    committees/0
    body
    EP
    shadows
    responsible
    True
    committee
    LIBE
    date
    2018-06-04T00:00:00
    committee_full
    Civil Liberties, Justice and Home Affairs
    rapporteur
    • group
      EPP
      name
      UNGUREANU Traian
    committees/1
    type
    Former Responsible Committee
    body
    EP
    committee_full
    Civil Liberties, Justice and Home Affairs
    committee
    LIBE
    associated
    False
    date
    • 2018-06-04T00:00:00
    rapporteur
    • name
      UNGUREANU Traian
      group
      European People's Party (Christian Democrats)
      abbr
      PPE
    docs
    • date
      2018-04-11T00:00:00
      docs
      type
      Document attached to the procedure
      body
      EC
    events
    • date
      2018-04-11T00:00:00
      type
      Legislative proposal published
      body
      EC
      docs
      summary
    links
    other
    • body
      EC
      dg
      commissioner
      AVRAMOPOULOS Dimitris
    procedure/instrument
    Old
    Decision
    New
    • Decision
    • See also 2010/0222(NLE)
    procedure/subject
    Old
    • 7.10.04 External borders crossing and controls, visas
    New
    7.10.04
    External borders crossing and controls, visas
    procedure/summary
    • See also
    procedure/instrument
    Decision
    committees/0/shadows
    • group
      S&D
      name
      FAJON Tanja
    • group
      ALDE
      name
      HYUSMENOVA Filiz
    • group
      GUE/NGL
      name
      VERGIAT Marie-Christine
    • group
      Verts/ALE
      name
      VALERO Bodil
    committees/0/date
    2018-06-04T00:00:00
    committees/0/rapporteur
    • group
      EPP
      name
      UNGUREANU Traian
    activities/0/docs/0/text
    • 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 diplomatic, service or official 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 diplomatic, service or official 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 holding a valid diplomatic, service or official passport and for the citizens of Brazil holding a valid diplomatic, service or official passport 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). The new definition is applied throughout the Agreement.

      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 diplomatic, service or official 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.

    activities/0/commission/0
    DG
    Commissioner
    AVRAMOPOULOS Dimitris
    other/0
    body
    EC
    dg
    commissioner
    AVRAMOPOULOS Dimitris
    activities
    • date
      2018-04-11T00:00:00
      docs
      • url
        http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0177/COM_COM(2018)0177_EN.pdf
        celexid
        CELEX:52018PC0177:EN
        type
        Legislative proposal published
        title
        COM(2018)0177
      body
      EC
      type
      Legislative proposal published
      commission
      committees
      • body
        EP
        responsible
        True
        committee_full
        Civil Liberties, Justice and Home Affairs
        committee
        LIBE
      links
      other
        procedure
        geographical_area
        • Brazil
        reference
        2018/0086(NLE)
        title
        EU/Brazil Agreement: amending EU/Brazil Agreement on short-stay visa waiver for holders of diplomatic, service or official passports
        legal_basis
        stage_reached
        Preparatory phase in Parliament
        summary
        • See also
        subtype
        Consent by Parliament
        type
        NLE - Non-legislative enactments
        subject
        • 7.10.04 External borders crossing and controls, visas