# Official Journal L 173/2015

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 173 |
| | |
| English edition | Legislation | Volume 583 July 2015 |

ISSN 1977-0677

Official Journal

of the European Union

L 173

English edition

Legislation

Volume 583 July 2015

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | * | Council Decision (EU) 2015/1030 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver | 1 |
| | | Agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver | 3 |
| | * | Council Decision (EU) 2015/1031 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and Saint Lucia on the short-stay visa waiver | 10 |
| | | Agreement between the European Union and Saint Lucia on the short-stay visa waiver | 12 |
| | * | Council Decision (EU) 2015/1032 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Commonwealth of Dominica on the short-stay visa waiver | 19 |
| | | Agreement between the European Union and the Commonwealth of Dominica on the short-stay visa waiver | 21 |
| | * | Council Decision (EU) 2015/1033 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and Grenada on the short-stay visa waiver | 28 |
| | | Agreement between the European Union and Grenada on the short-stay visa waiver | 30 |
| | * | Council Decision (EU) 2015/1034 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver | 37 |
| | | Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver | 39 |
| | * | Council Decision (EU) 2015/1035 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver | 46 |
| | | Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver | 48 |
| | * | Council Decision (EU) 2015/1036 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Independent State of Samoa on the short-stay visa waiver | 55 |
| | | Agreement between the European Union and the Independent State of Samoa on the short-stay visa waiver | 57 |
| | * | Council Decision (EU) 2015/1037 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver | 64 |
| | | Agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver | 66 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

*

Council Decision (EU) 2015/1030 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver

1

Agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver

3

*

Council Decision (EU) 2015/1031 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and Saint Lucia on the short-stay visa waiver

10

Agreement between the European Union and Saint Lucia on the short-stay visa waiver

12

*

Council Decision (EU) 2015/1032 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Commonwealth of Dominica on the short-stay visa waiver

19

Agreement between the European Union and the Commonwealth of Dominica on the short-stay visa waiver

21

*

Council Decision (EU) 2015/1033 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and Grenada on the short-stay visa waiver

28

Agreement between the European Union and Grenada on the short-stay visa waiver

30

*

Council Decision (EU) 2015/1034 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver

37

Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver

39

*

Council Decision (EU) 2015/1035 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver

46

Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver

48

*

Council Decision (EU) 2015/1036 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Independent State of Samoa on the short-stay visa waiver

55

Agreement between the European Union and the Independent State of Samoa on the short-stay visa waiver

57

*

Council Decision (EU) 2015/1037 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver

64

Agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver

66

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

INTERNATIONAL AGREEMENTS

| 3.7.2015 | EN | Official Journal of the European Union | L 173/1 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/1

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COUNCIL DECISION (EU) 2015/1030

of 7 May 2015

on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Regulation (EU) No 509/2014 of the European Parliament and of the Council (1) transferred the reference to the Democratic Republic of Timor-Leste from Annex I to Annex II to Council Regulation (EC) No 539/2001 (2). |
| --- | --- |

(1)

Regulation (EU) No 509/2014 of the European Parliament and of the Council (1) transferred the reference to the Democratic Republic of Timor-Leste from Annex I to Annex II to Council Regulation (EC) No 539/2001 (2).

| (2) | That reference to the Democratic Republic of Timor-Leste is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union. |
| --- | --- |

(2)

That reference to the Democratic Republic of Timor-Leste is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

| (3) | On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Democratic Republic of Timor-Leste for the conclusion of an agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver (the ‘Agreement’). |
| --- | --- |

(3)

On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Democratic Republic of Timor-Leste for the conclusion of an agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver (the ‘Agreement’).

| (4) | Negotiations on the Agreement were opened on 19 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 15 December 2014. |
| --- | --- |

(4)

Negotiations on the Agreement were opened on 19 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 15 December 2014.

| (5) | The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion. |
| --- | --- |

(5)

The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion.

| (6) | This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
| --- | --- |

(6)

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

| (7) | This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
| --- | --- |

(7)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Agreement between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.

The text of the Agreement is attached to this Decision.

Article 2

The declarations attached to this Decision shall be approved on behalf of the Union.

Article 3

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 4

The Agreement shall be applied on a provisional basis as from the date of signature thereof (5), pending the completion of the procedures for its conclusion.

Article 5

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 7 May 2015.

For the Council

The President

E. RINKĒVIČS

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(1)  Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

(3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

3

acquis

(4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

4

acquis

(5)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

5

Official Journal of the European Union

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| 3.7.2015 | EN | Official Journal of the European Union | L 173/3 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/3

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AGREEMENT

between the European Union and the Democratic Republic of Timor-Leste on the short-stay visa waiver

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’, and

THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE, hereinafter referred to as ‘Timor-Leste’,

hereinafter referred to jointly as the ‘Contracting Parties’,

WITH A VIEW TO further developing friendly relations between the Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens,

HAVING REGARD to Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1) by, inter alia, transferring 19 third countries, including Timor-Leste, to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States,

BEARING IN MIND that Article 1 of Regulation (EU) No 509/2014 states that for those 19 countries, the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the Union,

DESIRING to safeguard the principle of equal treatment of all EU citizens,

TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for that category the relevant rules of Union law and national law of the Member States and the national law of Timor-Leste on the visa obligation or exemption and on the access to employment continue to apply,

TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the United Kingdom and Ireland,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

This Agreement provides for visa-free travel for the citizens of the Union and for the citizens of Timor-Leste when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period.

Article 2

Definitions

For the purpose of this Agreement:

| (a) | ‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland; |
| --- | --- |

(a)

‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland;

| (b) | ‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a); |
| --- | --- |

(b)

‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a);

| (c) | ‘a citizen of Timor-Leste’ shall mean any person who holds the citizenship of Timor-Leste; |
| --- | --- |

(c)

‘a citizen of Timor-Leste’ shall mean any person who holds the citizenship of Timor-Leste;

| (d) | ‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full. |
| --- | --- |

(d)

‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full.

acquis

Article 3

Scope of application

1.   Citizens of the Union holding a valid ordinary, diplomatic, service, official or special passport issued by a Member State may enter and stay without a visa in the territory of Timor-Leste for the period of stay as defined in Article 4(1).

Citizens of Timor-Leste holding a valid ordinary, diplomatic, service, official or special passport issued by Timor-Leste may enter and stay without a visa in the territory of the Member States for the period of stay as defined in Article 4(2).

2.   Paragraph 1 of this Article does not apply to persons travelling for the purpose of carrying out a paid activity.

For that category of persons, each Member State individually may decide to impose a visa requirement on the citizens of Timor-Leste or to withdraw it in accordance with Article 4(3) of Council Regulation (EC) No 539/2001 (2).

For that category of persons, Timor-Leste may decide on the visa requirement or the visa waiver for the citizens of each Member State individually in accordance with its national law.

3.   The visa waiver provided for by this Agreement shall apply without prejudice to the laws of the Contracting Parties relating to the conditions of entry and short stay. The Member States and Timor-Leste reserve the right to refuse entry into and short stay in their territories if one or more of these conditions is not met.

4.   The visa waiver applies regardless of the mode of transport used to cross the borders of the Contracting Parties.

5.   Issues not covered by this Agreement shall be governed by Union law, the national law of the Member States and by the national law of Timor-Leste.

Article 4

Duration of stay

1.   Citizens of the Union may stay in the territory of Timor-Leste for a maximum period of 90 days in any 180-day period.

2.   Citizens of Timor-Leste may stay in the territory of the Member States fully applying the Schengen acquis for a maximum period of 90 days in any 180-day period. That period shall be calculated independently of any stay in a Member State which does not yet apply the Schengen acquis in full.

Citizens of Timor-Leste may stay for a maximum period of 90 days in any 180-day period in the territory of each of the Member States that do not yet apply the Schengen acquis in full, independently of the period of stay calculated for the territory of the Member States fully applying the Schengen acquis.

3.   This Agreement does not affect the possibility for Timor-Leste and the Member States to extend the period of stay beyond 90 days in accordance with their respective national laws and Union law.

Article 5

Territorial application

1.   As regards the French Republic, this Agreement shall apply only to the European territory of the French Republic.

2.   As regards the Kingdom of the Netherlands, this Agreement shall apply only to the European territory of the Kingdom of the Netherlands.

Article 6

Joint Committee for the management of the Agreement

1.   The Contracting Parties shall set up a Joint Committee of experts (hereinafter referred to as the ‘Committee’), composed of representatives of the Union and representatives of Timor-Leste. The Union shall be represented by the European Commission.

2.   The Committee shall have, inter alia, the following tasks:

| (a) | monitoring the implementation of this Agreement; |
| --- | --- |

(a)

monitoring the implementation of this Agreement;

| (b) | suggesting amendments or additions to this Agreement; |
| --- | --- |

(b)

suggesting amendments or additions to this Agreement;

| (c) | settling disputes arising from the interpretation or application of this Agreement. |
| --- | --- |

(c)

settling disputes arising from the interpretation or application of this Agreement.

3.   The Committee shall be convened whenever necessary, at the request of one of the Contracting Parties.

4.   The Committee shall establish its rules of procedure.

Article 7

Relationship of this Agreement to existing bilateral visa waiver agreements between the Member States and Timor-Leste

This Agreement shall take precedence over any bilateral agreements or arrangements concluded between individual Member States and Timor-Leste, in so far as they cover issues falling within the scope hereof.

Article 8

Final provisions

1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date of the later of the two notifications by which the Contracting Parties notify each other that those procedures have been completed.

This Agreement shall be applied on a provisional basis as from the date of signature hereof.

2.   This Agreement is concluded for an indefinite period, unless terminated in accordance with paragraph 5.

3.   This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.

4.   Each Contracting Party may suspend in whole or in part this Agreement, in particular, for reasons of public policy, the protection of national security or the protection of public health, illegal immigration or upon the reintroduction of the visa requirement by either Contracting Party. The decision on suspension shall be notified to the other Contracting Party not later than two months before its planned entry into force. A Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party should the reasons for that suspension cease to exist and shall lift that suspension.

5.   Each Contracting Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days thereafter.

6.   Timor-Leste may suspend or terminate this Agreement only in respect of all the Member States.

7.   The Union may suspend or terminate this Agreement only in respect of all of its Member States.

Done in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

Съставено в Брюксел на двадесет и осми май две хиляди и петнадесета година.

Hecho en Bruselas, el veintiocho de mayo de dos mil quince.

V Bruselu dne dvacátého osmého května dva tisíce patnáct.

Udfærdiget i Bruxelles den otteogtyvende maj to tusind og femten.

Geschehen zu Brüssel am achtundzwanzigsten Mai zweitausendfünfzehn.

Kahe tuhande viieteistkümnenda aasta maikuu kahekümne kaheksandal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Μαΐου δύο χιλιάδες δεκαπέντε.

Done at Brussels on the twenty-eighth day of May in the year two thousand and fifteen.

Fait à Bruxelles, le vingt-huit mai deux mille quinze.

Sastavljeno u Bruxellesu dvadeset osmog svibnja dvije tisuće petnaeste.

Fatto a Bruxelles, addì ventotto maggio duemilaquindici.

Briselē, divi tūkstoši piecpadsmitā gada divdesmit astotajā maijā.

Priimta du tūkstančiai penkioliktų metų gegužės dvidešimt aštuntą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-tizenötödik év május havának huszonnyolcadik napján.

Magħmul fi Brussell, fit-tmienja u għoxrin jum ta' Mejju tas-sena elfejn u ħmistax.

Gedaan te Brussel, de achtentwintigste mei tweeduizend vijftien.

Sporządzono w Brukseli dnia dwudziestego ósmego maja roku dwa tysiące piętnastego.

Feito em Bruxelas, em vinte e oito de maio de dois mil e quinze.

Întocmit la Bruxelles la douăzeci și opt mai două mii cincisprezece.

V Bruseli dvadsiateho ôsmeho mája dvetisícpätnásť.

V Bruslju, dne osemindvajsetega maja leta dva tisoč petnajst.

Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä toukokuuta vuonna kaksituhattaviisitoista.

Som skedde i Bryssel den tjugoåttonde maj tjugohundrafemton.

За Европейския съюз

Рог la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Za Europsku uniju

Per l'Unione europea

Eiropas Savienības vārdā —

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

Image 1

За Демократична република Източен Тимор

Рог lа República Democrática de Timor Oriental

Za Demokratickou republiku Východní Timor

For Den Demokratiske Republik Timor-Leste

Für die Demokratische Republik Timor-Leste

Timor-Leste Demokraatliku Vabariigi nimel

Για τη Δημοκρατία του Τιμόρ-Λέστε

For the Democratic Republic of Timor-Leste

Pour la République démocratique du Timor-Oriental

Za Demokratsku Republiku Timor-Leste

Per la Repubblica democratica di Timor Leste

Austrumtimoras Demokrātiskās Republikas vārdā

Rytų Timoro Demokratinės Respublikos vardu

A Kelet-timori Demokratikus Köztársaság részéről

Għar-Repubblika Demokratika ta' Timor Leste

Voor de Democratische Republiek Oost-Timor

W imieniu Demokratycznej Republiki Timoru Wschodniego

Pela República Democrática de Timor-Leste

Republica Democratică a Timorului de Est

Za Východotimorskú demokratickú republiku

Za Demokratično Republiko Vzhodni Timor

Itä-Timorin demokraattisen tasavallan puolesta

För Demokratiska republiken Östtimor

Image 2

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(1)  
  OJ L 149, 20.5.2014, p. 67.

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

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JOINT DECLARATION WITH REGARD TO ICELAND, NORWAY, SWITZERLAND AND LIECHTENSTEIN

The Contracting Parties take note of the close relationship between the European Union and Norway, Iceland, Switzerland and Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of those countries with the implementation, application and development of the Schengen acquis.

acquis

In such circumstances it is desirable that the authorities of Norway, Iceland, Switzerland, and Liechtenstein, on the one hand, and Timor-Leste, on the other hand, conclude, without delay, bilateral agreements on the short-stay visa waiver in terms similar to those of this Agreement.

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JOINT DECLARATION ON THE INTERPRETATION OF THE CATEGORY OF PERSONS TRAVELLING FOR THE PURPOSE OF CARRYING OUT A PAID ACTIVITY AS PROVIDED FOR IN ARTICLE 3(2) OF THIS AGREEMENT

Desiring to ensure a common interpretation, the Contracting Parties agree that, for the purposes of this Agreement, the category of persons carrying out a paid activity covers persons entering for the purpose of carrying out a gainful occupation or remunerated activity in the territory of the other Contracting Party as an employee or as a service provider.

This category should not cover:

| — | businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party), |
| --- | --- |

—

businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party),

| — | sportspersons or artists performing an activity on an ad-hoc basis, |
| --- | --- |

—

sportspersons or artists performing an activity on an ad-hoc basis,

| — | journalists sent by the media of their country of residence, and, |
| --- | --- |

—

journalists sent by the media of their country of residence, and,

| — | intra-corporate trainees. |
| --- | --- |

—

intra-corporate trainees.

The implementation of this Declaration shall be monitored by the Joint Committee within its responsibility under Article 6 of this Agreement, which may propose modifications when, on the basis of the experiences of the Contracting Parties, it considers it necessary.

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JOINT DECLARATION ON THE INTERPRETATION OF THE PERIOD OF 90 DAYS IN ANY 180-DAY PERIOD AS SET OUT IN ARTICLE 4 OF THIS AGREEMENT

The Contracting Parties understand that the maximum period of 90 days in any 180-day period as provided for by Article 4 of this Agreement means either a continuous visit or several consecutive visits, the total duration of which does not exceed 90 days in any 180-day period.

The notion of ‘any’ implies the application of a moving 180-day reference period, looking backwards at each day of the stay into the last 180-day period, in order to verify if the 90 days in any 180-day period requirement continues to be fulfilled. Inter alia, it means that an absence for an uninterrupted period of 90 days allows for a new stay for up to 90 days.

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JOINT DECLARATION ON INFORMING CITIZENS ABOUT THE VISA WAIVER AGREEMENT

Recognising the importance of transparency for the citizens of the European Union and the nationals of Timor-Leste, the Contracting Parties agree to ensure full dissemination of information about the content and consequences of the visa waiver agreement and related issues, such as the entry conditions.

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| 3.7.2015 | EN | Official Journal of the European Union | L 173/10 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/10

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COUNCIL DECISION (EU) 2015/1031

of 7 May 2015

on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and Saint Lucia on the short-stay visa waiver

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to Saint Lucia from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2). |
| --- | --- |

(1)

Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to Saint Lucia from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2).

| (2) | That reference to Saint Lucia is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union. |
| --- | --- |

(2)

That reference to Saint Lucia is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

| (3) | On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with Saint Lucia for the conclusion of an agreement between the European Union and Saint Lucia on the short-stay visa waiver (the ‘Agreement’). |
| --- | --- |

(3)

On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with Saint Lucia for the conclusion of an agreement between the European Union and Saint Lucia on the short-stay visa waiver (the ‘Agreement’).

| (4) | Negotiations on the Agreement were opened on 12 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 11 December 2014. |
| --- | --- |

(4)

Negotiations on the Agreement were opened on 12 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 11 December 2014.

| (5) | The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion. |
| --- | --- |

(5)

The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion.

| (6) | This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
| --- | --- |

(6)

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

| (7) | This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
| --- | --- |

(7)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Agreement between the European Union and Saint Lucia on the short-stay visa waiver (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.

The text of the Agreement is attached to this Decision.

Article 2

The declarations attached to this Decision shall be approved on behalf of the Union.

Article 3

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 4

The Agreement shall be applied on a provisional basis as from the date of signature thereof (5), pending the completion of the procedures for its conclusion.

Article 5

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 7 May 2015.

For the Council

The President

E. RINKĒVIČS

---

(1)  Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

(3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

3

acquis

(4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

4

acquis

(5)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

5

Official Journal of the European Union

---

| 3.7.2015 | EN | Official Journal of the European Union | L 173/12 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/12

---

AGREEMENT

between the European Union and Saint Lucia on the short-stay visa waiver

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’, and

SAINT LUCIA,

hereinafter referred to jointly as the ‘Contracting Parties’,

WITH A VIEW TO further developing friendly relations between the Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens,

HAVING REGARD to Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1) by, inter alia, transferring 19 third countries, including Saint Lucia to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States,

BEARING IN MIND that Article 1 of Regulation (EU) No 509/2014 states that for those 19 countries, the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the Union,

DESIRING to safeguard the principle of equal treatment of all EU citizens,

TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for that category the relevant rules of Union law and national law of the Member States and the national law of Saint Lucia on the visa obligation or exemption and on the access to employment continue to apply,

TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the United Kingdom and Ireland,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

This Agreement provides for visa-free travel for the citizens of the Union and for the citizens of Saint Lucia when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period.

Article 2

Definitions

For the purpose of this Agreement:

| (a) | ‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland; |
| --- | --- |

(a)

‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland;

| (b) | ‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a); |
| --- | --- |

(b)

‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a);

| (c) | ‘a citizen of Saint Lucia’ shall mean any person who holds the citizenship of Saint Lucia; |
| --- | --- |

(c)

‘a citizen of Saint Lucia’ shall mean any person who holds the citizenship of Saint Lucia;

| (d) | ‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full. |
| --- | --- |

(d)

‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full.

acquis

Article 3

Scope of application

1.   Citizens of the Union holding a valid ordinary, diplomatic, service, official or special passport issued by a Member State may enter and stay without a visa in the territory of Saint Lucia for the period of stay as defined in Article 4(1).

Citizens of Saint Lucia holding a valid ordinary, diplomatic, service, official or special passport issued by Saint Lucia may enter and stay without a visa in the territory of the Member States for the period of stay as defined in Article 4(2).

2.   Paragraph 1 of this Article does not apply to persons travelling for the purpose of carrying out a paid activity.

For that category of persons, each Member State individually may decide to impose a visa requirement on the citizens of Saint Lucia or to withdraw it in accordance with Article 4(3) of Council Regulation (EC) No 539/2001 (2).

For that category of persons, Saint Lucia may decide on the visa requirement or the visa waiver for the citizens of each Member State individually in accordance with its national law.

3.   The visa waiver provided for by this Agreement shall apply without prejudice to the laws of the Contracting Parties relating to the conditions of entry and short stay. The Member States and Saint Lucia reserve the right to refuse entry into and short stay in their territories if one or more of these conditions is not met.

4.   The visa waiver applies regardless of the mode of transport used to cross the borders of the Contracting Parties.

5.   Issues not covered by this Agreement shall be governed by Union law, the national law of the Member States and by the national law of Saint Lucia.

Article 4

Duration of stay

1.   Citizens of the Union may stay in the territory of Saint Lucia for a maximum period of 90 days in any 180-day period.

2.   Citizens of Saint Lucia may stay in the territory of the Member States fully applying the Schengen acquis for a maximum period of 90 days in any 180-day period. That period shall be calculated independently of any stay in a Member State which does not yet apply the Schengen acquis in full.

Citizens of Saint Lucia may stay for a maximum period of 90 days in any 180-day period in the territory of each of the Member States that do not yet apply the Schengen acquis in full, independently of the period of stay calculated for the territory of the Member States fully applying the Schengen acquis.

3.   This Agreement does not affect the possibility for Saint Lucia and the Member States to extend the period of stay beyond 90 days in accordance with their respective national laws and Union law.

Article 5

Territorial application

1.   As regards the French Republic, this Agreement shall apply only to the European territory of the French Republic.

2.   As regards the Kingdom of the Netherlands, this Agreement shall apply only to the European territory of the Kingdom of the Netherlands.

Article 6

Joint Committee for the management of the Agreement

1.   The Contracting Parties shall set up a Joint Committee of experts (hereinafter referred to as the ‘Committee’), composed of representatives of the Union and representatives of Saint Lucia. The Union shall be represented by the European Commission.

2.   The Committee shall have, inter alia, the following tasks:

| (a) | monitoring the implementation of this Agreement; |
| --- | --- |

(a)

monitoring the implementation of this Agreement;

| (b) | suggesting amendments or additions to this Agreement; |
| --- | --- |

(b)

suggesting amendments or additions to this Agreement;

| (c) | making recommendations for the settlement of disputes arising from the interpretation or application of this Agreement. |
| --- | --- |

(c)

making recommendations for the settlement of disputes arising from the interpretation or application of this Agreement.

3.   The Committee shall be convened whenever necessary, at the request of one of the Contracting Parties.

4.   The Committee shall establish its rules of procedure.

Article 7

Relationship of this Agreement to existing bilateral visa waiver agreements between the Member States and Saint Lucia

This Agreement shall take precedence over any bilateral agreements or arrangements concluded between individual Member States and Saint Lucia, in so far as they cover issues falling within the scope hereof.

Article 8

Final provisions

1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date of the later of the two notifications by which the Contracting Parties notify each other that those procedures have been completed.

This Agreement shall be applied on a provisional basis as from the date of signature thereof.

2.   This Agreement is concluded for an indefinite period, unless terminated in accordance with paragraph 5.

3.   This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.

4.   Each Contracting Party may suspend in whole or in part this Agreement, in particular, for reasons of public policy, the protection of national security or the protection of public health, illegal immigration or upon the reintroduction of the visa requirement by either Contracting Party. The decision on suspension shall be notified to the other Contracting Party not later than two months before its planned entry into force. A Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party should the reasons for that suspension cease to exist and shall lift that suspension.

5.   Each Contracting Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days thereafter.

6.   Saint Lucia may suspend or terminate this Agreement only in respect of all the Member States.

7.   The Union may suspend or terminate this Agreement only in respect of all of its Member States.

Done in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

Съставено в Брюксел на двадесет и осми май две хиляди и петнадесета година.

Hecho en Bruselas, el veintiocho de mayo de dos mil quince.

V Bruselu dne dvacátého osmého května dva tisíce patnáct.

Udfærdiget i Bruxelles den otteogtyvende maj to tusind og femten.

Geschehen zu Brüssel am achtundzwanzigsten Mai zweitausendfünfzehn.

Kahe tuhande viieteistkümnenda aasta maikuu kahekümne kaheksandal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Μαΐου δύο χιλιάδες δεκαπέντε.

Done at Brussels on the twenty-eighth day of May in the year two thousand and fifteen.

Fait à Bruxelles, le vingt-huit mai deux mille quinze.

Sastavljeno u Bruxellesu dvadeset osmog svibnja dvije tisuće petnaeste.

Fatto a Bruxelles, addì ventotto maggio duemilaquindici.

Briselē, divi tūkstoši piecpadsmitā gada divdesmit astotajā maijā.

Priimta du tūkstančiai penkioliktų metų gegužės dvidešimt aštuntą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-tizenötödik év május havának huszonnyolcadik napján.

Magħmul fi Brussell, fit-tmienja u għoxrin jum ta' Mejju tas-sena elfejn u ħmistax.

Gedaan te Brussel, de achtentwintigste mei tweeduizend vijftien.

Sporządzono w Brukseli dnia dwudziestego ósmego maja roku dwa tysiące piętnastego.

Feito em Bruxelas, em vinte e oito de maio de dois mil e quinze.

Întocmit la Bruxelles la douăzeci și opt mai două mii cincisprezece.

V Bruseli dvadsiateho ôsmeho mája dvetisícpätnásť.

V Bruslju, dne osemindvajsetega maja leta dva tisoč petnajst.

Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä toukokuuta vuonna kaksituhattaviisitoista.

Som skedde i Bryssel den tjugoåttonde maj tjugohundrafemton.

За Европейския съюз

Рог la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Za Europsku uniju

Per l'Unione europea

Eiropas Savienības vārdā —

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

Image 3

За Сейнт Лусия

Por Santa Lucía

Za Svatou Lucii

For Saint Lucia

Für St. Lucia

Saint Lucia nimel

Για του Άγιο Λουκία

For Saint Lucia

Pour Sainte-Lucie

Za Svetu Luciju

Per Santa Lucia

Sentlūsijas vārdā –

Sent Lusijos vardu

Saint Lucia részéről

Għal Saint Lucia

Voor Saint Lucia

W imieniu Saint Lucia

Por Santa Lúcia

Pentru Saint Lucia

Za Svätú Luciu

Za Sveto Lucijo

Saint Lucian puolesta

För Saint Lucia

Image 4

---

(1)  
  OJ L 149, 20.5.2014, p. 67.

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

---

JOINT DECLARATION WITH REGARD TO ICELAND, NORWAY, SWITZERLAND AND LIECHTENSTEIN

The Contracting Parties take note of the close relationship between the European Union and Norway, Iceland, Switzerland and Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of those countries with the implementation, application and development of the Schengen acquis.

acquis

In such circumstances it is desirable that the authorities of Norway, Iceland, Switzerland, and Liechtenstein, on the one hand, and Saint Lucia, on the other hand, conclude, without delay, bilateral agreements on the short-stay visa waiver in terms similar to those of this Agreement.

---

JOINT DECLARATION ON THE INTERPRETATION OF THE CATEGORY OF PERSONS TRAVELLING FOR THE PURPOSE OF CARRYING OUT A PAID ACTIVITY AS PROVIDED FOR IN ARTICLE 3(2) OF THIS AGREEMENT

Desiring to ensure a common interpretation, the Contracting Parties agree that, for the purposes of this Agreement, the category of persons carrying out a paid activity covers persons entering for the purpose of carrying out a gainful occupation or remunerated activity in the territory of the other Contracting Party as an employee or as a service provider.

This category should not cover:

| — | businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party), |
| --- | --- |

—

businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party),

| — | sportspersons or artists performing an activity on an ad-hoc basis, |
| --- | --- |

—

sportspersons or artists performing an activity on an ad-hoc basis,

| — | journalists sent by the media of their country of residence, and, |
| --- | --- |

—

journalists sent by the media of their country of residence, and,

| — | intra-corporate trainees. |
| --- | --- |

—

intra-corporate trainees.

The implementation of this Declaration shall be monitored by the Joint Committee within its responsibility under Article 6 of this Agreement, which may propose modifications when, on the basis of the experiences of the Contracting Parties, it considers it necessary.

---

JOINT DECLARATION ON THE INTERPRETATION OF THE PERIOD OF 90 DAYS IN ANY 180-DAY PERIOD AS SET OUT IN ARTICLE 4 OF THIS AGREEMENT

The Contracting Parties understand that the maximum period of 90 days in any 180-day period as provided for by Article 4 of this Agreement means either a continuous visit or several consecutive visits, the total duration of which does not exceed 90 days in any 180-day period.

The notion of ‘any’ implies the application of a moving 180-day reference period, looking backwards at each day of the stay into the last 180-day period, in order to verify if the 90 days in any 180-day period requirement continues to be fulfilled. Inter alia, it means that an absence for an uninterrupted period of 90 days allows for a new stay for up to 90 days.

Inter alia

---

JOINT DECLARATION ON INFORMING CITIZENS ABOUT THE VISA WAIVER AGREEMENT

Recognising the importance of transparency for the citizens of the European Union and Saint Lucia, the Contracting Parties agree to ensure full dissemination of information about the content and consequences of the visa waiver agreement and related issues, such as the entry conditions.

---

| 3.7.2015 | EN | Official Journal of the European Union | L 173/19 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/19

---

COUNCIL DECISION (EU) 2015/1032

of 7 May 2015

on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Commonwealth of Dominica on the short-stay visa waiver

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Regulation (EU) No 509/2014 of the European Parliament and of the Council (1) transferred the reference to the Commonwealth of Dominica from Annex I to Annex II to Council Regulation (EC) No 539/2001 (2). |
| --- | --- |

(1)

Regulation (EU) No 509/2014 of the European Parliament and of the Council (1) transferred the reference to the Commonwealth of Dominica from Annex I to Annex II to Council Regulation (EC) No 539/2001 (2).

| (2) | That reference to the Commonwealth of Dominica is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union. |
| --- | --- |

(2)

That reference to the Commonwealth of Dominica is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

| (3) | On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Commonwealth of Dominica for the conclusion of an agreement between the European Union and the Commonwealth of Dominica on the short-stay visa waiver (the ‘Agreement’). |
| --- | --- |

(3)

On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Commonwealth of Dominica for the conclusion of an agreement between the European Union and the Commonwealth of Dominica on the short-stay visa waiver (the ‘Agreement’).

| (4) | Negotiations on the Agreement were opened on 12 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 11 December 2014. |
| --- | --- |

(4)

Negotiations on the Agreement were opened on 12 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 11 December 2014.

| (5) | The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion. |
| --- | --- |

(5)

The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion.

| (6) | This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
| --- | --- |

(6)

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

| (7) | This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
| --- | --- |

(7)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Agreement between the European Union and the Commonwealth of Dominica on the short-stay visa waiver (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.

The text of the Agreement is attached to this Decision.

Article 2

The declarations attached to this Decision shall be approved on behalf of the Union.

Article 3

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 4

The Agreement shall be applied on a provisional basis as from the date of signature thereof (5), pending the completion of the procedures for its conclusion.

Article 5

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 7 May 2015.

For the Council

The President

E. RINKĒVIČS

---

(1)  Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

(3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

3

acquis

(4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

4

acquis

(5)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

5

Official Journal of the European Union

---

| 3.7.2015 | EN | Official Journal of the European Union | L 173/21 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/21

---

AGREEMENT

between the European Union and the Commonwealth of Dominica on the short-stay visa waiver

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’, and

THE COMMONWEALTH OF DOMINICA, hereinafter referred to as ‘Dominica’,

hereinafter referred to jointly as the ‘Contracting Parties’,

WITH A VIEW TO further developing friendly relations between the Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens,

HAVING REGARD to Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1) by, inter alia, transferring 19 third countries, including Dominica to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States,

BEARING IN MIND that Article 1 of Regulation (EU) No 509/2014 states that for those 19 countries, the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the Union,

DESIRING to safeguard the principle of equal treatment of all EU citizens,

TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for that category the relevant rules of Union law and national law of the Member States and the national law of Dominica on the visa obligation or exemption and on the access to employment continue to apply,

TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the United Kingdom and Ireland,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

This Agreement provides for visa-free travel for the citizens of the Union and for the citizens of Dominica when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period.

Article 2

Definitions

For the purpose of this Agreement:

| (a) | ‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland; |
| --- | --- |

(a)

‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland;

| (b) | ‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a); |
| --- | --- |

(b)

‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a);

| (c) | ‘a citizen of Dominica’ shall mean any person who holds the citizenship of Dominica; |
| --- | --- |

(c)

‘a citizen of Dominica’ shall mean any person who holds the citizenship of Dominica;

| (d) | ‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full. |
| --- | --- |

(d)

‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full.

acquis

Article 3

Scope of application

1.   Citizens of the Union holding a valid ordinary, diplomatic, service, official or special passport issued by a Member State may enter and stay without a visa in the territory of Dominica for the period of stay as defined in Article 4(1).

Citizens of Dominica holding a valid ordinary, diplomatic, service, official or special passport issued by Dominica may enter and stay without a visa in the territory of the Member States for the period of stay as defined in Article 4(2).

2.   Paragraph 1 of this Article does not apply to persons travelling for the purpose of carrying out a paid activity.

For that category of persons, each Member State individually may decide to impose the visa requirement on the citizens of Dominica or to withdraw it in accordance with Article 4(3) of Council Regulation (EC) No 539/2001 (2).

For that category of persons, Dominica may decide on the visa requirement or the visa waiver for the citizens of each Member State individually in accordance with its national law.

3.   The visa waiver provided for by this Agreement shall apply without prejudice to the laws of the Contracting Parties relating to the conditions of entry and short stay. The Member States and Dominica reserve the right to refuse entry into and short stay in their territories if one or more of these conditions is not met.

4.   The visa waiver applies regardless of the mode of transport used to cross the borders of the Contracting Parties.

5.   Issues not covered by this Agreement shall be governed by Union law, the national law of the Member States and by the national law of Dominica.

Article 4

Duration of stay

1.   Citizens of the Union may stay in the territory of Dominica for a maximum period of 90 days in any 180-day period.

2.   Citizens of Dominica may stay in the territory of the Member States fully applying the Schengen acquis for a maximum period of 90 days in any 180-day period. That period shall be calculated independently of any stay in a Member State which does not yet apply the Schengen acquis in full.

Citizens of Dominica may stay for a maximum period of 90 days in any 180-day period in the territory of each of the Member States that do not yet apply the Schengen acquis in full, independently of the period of stay calculated for the territory of the Member States fully applying the Schengen acquis.

3.   This Agreement does not affect the possibility for Dominica and the Member States to extend the period of stay beyond 90 days in accordance with their respective national laws and Union law.

Article 5

Territorial application

1.   As regards the French Republic, this Agreement shall apply only to the European territory of the French Republic.

2.   As regards the Kingdom of the Netherlands, this Agreement shall apply only to the European territory of the Kingdom of the Netherlands.

Article 6

Joint Committee for the management of the Agreement

1.   The Contracting Parties shall set up a Joint Committee of experts (hereinafter referred to as the ‘Committee’), composed of representatives of the Union and representatives of Dominica. The Union shall be represented by the European Commission.

2.   The Committee shall have, inter alia, the following tasks:

| (a) | monitoring the implementation of this Agreement; |
| --- | --- |

(a)

monitoring the implementation of this Agreement;

| (b) | suggesting amendments or additions to this Agreement; |
| --- | --- |

(b)

suggesting amendments or additions to this Agreement;

| (c) | making recommendations for the settlement of disputes arising from the interpretation or application of this Agreement. |
| --- | --- |

(c)

making recommendations for the settlement of disputes arising from the interpretation or application of this Agreement.

3.   The Committee shall be convened whenever necessary, at the request of one of the Contracting Parties.

4.   The Committee shall establish its rules of procedure.

Article 7

Relationship of this Agreement to existing bilateral visa waiver agreements between the Member States and Dominica

This Agreement shall take precedence over any bilateral agreements or arrangements concluded between individual Member States and Dominica, in so far as they cover issues falling within the scope hereof.

Article 8

Final provisions

1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date of the later of the two notifications by which the Contracting Parties notify each other that those procedures have been completed.

This Agreement shall be applied on a provisional basis as from the date of signature hereof.

2.   This Agreement is concluded for an indefinite period, unless terminated in accordance with paragraph 5.

3.   This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.

4.   Each Contracting Party may suspend in whole or in part this Agreement, in particular, for reasons of public policy, the protection of national security or the protection of public health, illegal immigration or upon the reintroduction of the visa requirement by either Contracting Party. The decision on suspension shall be notified to the other Contracting Party not later than two months before its planned entry into force. A Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party should the reasons for that suspension cease to exist and shall lift that suspension.

5.   Each Contracting Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days thereafter.

6.   Dominica may suspend or terminate this Agreement only in respect of all the Member States.

7.   The Union may suspend or terminate this Agreement only in respect of all of its Member States.

Done in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

Съставено в Брюксел на двадесет и осми май две хиляди и петнадесета година.

Hecho en Bruselas, el veintiocho de mayo de dos mil quince.

V Bruselu dne dvacátého osmého května dva tisíce patnáct.

Udfærdiget i Bruxelles den otteogtyvende maj to tusind og femten.

Geschehen zu Brüssel am achtundzwanzigsten Mai zweitausendfünfzehn.

Kahe tuhande viieteistkümnenda aasta maikuu kahekümne kaheksandal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Μαΐου δύο χιλιάδες δεκαπέντε.

Done at Brussels on the twenty-eighth day of May in the year two thousand and fifteen.

Fait à Bruxelles, le vingt-huit mai deux mille quinze.

Sastavljeno u Bruxellesu dvadeset osmog svibnja dvije tisuće petnaeste.

Fatto a Bruxelles, addì ventotto maggio duemilaquindici.

Briselē, divi tūkstoši piecpadsmitā gada divdesmit astotajā maijā.

Priimta du tūkstančiai penkioliktų metų gegužės dvidešimt aštuntą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-tizenötödik év május havának huszonnyolcadik napján.

Magħmul fi Brussell, fit-tmienja u għoxrin jum ta' Mejju tas-sena elfejn u ħmistax.

Gedaan te Brussel, de achtentwintigste mei tweeduizend vijftien.

Sporządzono w Brukseli dnia dwudziestego ósmego maja roku dwa tysiące piętnastego.

Feito em Bruxelas, em vinte e oito de maio de dois mil e quinze.

Întocmit la Bruxelles la douăzeci și opt mai două mii cincisprezece.

V Bruseli dvadsiateho ôsmeho mája dvetisícpätnásť.

V Bruslju, dne osemindvajsetega maja leta dva tisoč petnajst.

Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä toukokuuta vuonna kaksituhattaviisitoista.

Som skedde i Bryssel den tjugoåttonde maj tjugohundrafemton.

За Европейския съюз

Рог la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Za Europsku uniju

Per l'Unione europea

Eiropas Savienības vārdā –

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

Image 5

За Доминиканската общност

Por la Commonwealth de Dominica

Za Dominické společenství

For Commonwealth of Dominica

Für das Commonwealth Dominica

Dominica Ühenduse nimel

Για την Κοινοπολιτεία του Δομίνικου

For the Commonwealth of Dominica

Pour le Commonwealth de Dominique

Za Zajednicu Dominike

Per il Commonwealth di Dominica

Dominikas Sadraudzības vārdā –

Dominikos Sandraugos vardu

A Dominikai Közösség részéről

Għall-Commonwealth ta' Dominica

Voor het Gemenebest Dominica

W imieniu Wspólnoty Dominiki

Pela Comunidade da Domínica

Pentru Uniunea Dominica

Za Dominické spoločenstvo

Za Zvezo Dominika

Dominican liittovaltion puolesta

För Samväldet Dominica

Image 6

---

(1)  
  OJ L 149, 20.5.2014, p. 67.

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

---

JOINT DECLARATION WITH REGARD TO ICELAND, NORWAY, SWITZERLAND AND LIECHTENSTEIN

The Contracting Parties take note of the close relationship between the European Union and Norway, Iceland, Switzerland and Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of those countries with the implementation, application and development of the Schengen acquis.

acquis

In such circumstances it is desirable that the authorities of Norway, Iceland, Switzerland, Liechtenstein, on the one hand, and Dominica, on the other hand, conclude, without delay, bilateral agreements on the short-stay visa waiver in terms similar to those of this Agreement.

---

JOINT DECLARATION ON THE INTERPRETATION OF THE CATEGORY OF PERSONS TRAVELLING FOR THE PURPOSE OF CARRYING OUT A PAID ACTIVITY AS PROVIDED FOR IN ARTICLE 3(2) OF THIS AGREEMENT

Desiring to ensure a common interpretation, the Contracting Parties agree that, for the purposes of this Agreement, the category of persons carrying out a paid activity covers persons entering for the purpose of carrying out a gainful occupation or remunerated activity in the territory of the other Contracting Party as an employee or as a service provider.

This category should not cover:

| — | businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party), |
| --- | --- |

—

businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party),

| — | sportspersons or artists performing an activity on an ad-hoc basis, |
| --- | --- |

—

sportspersons or artists performing an activity on an ad-hoc basis,

| — | journalists sent by the media of their country of residence, and |
| --- | --- |

—

journalists sent by the media of their country of residence, and

| — | intra-corporate trainees. |
| --- | --- |

—

intra-corporate trainees.

The implementation of this Declaration shall be monitored by the Joint Committee within its responsibility under Article 6 of this Agreement, which may propose modifications when, on the basis of the experiences of the Contracting Parties, it considers it necessary.

---

JOINT DECLARATION ON THE INTERPRETATION OF THE PERIOD OF 90 DAYS IN ANY 180-DAY PERIOD AS SET OUT IN ARTICLE 4 OF THIS AGREEMENT

The Contracting Parties understand that the maximum period of 90 days in any 180-day period as provided for by Article 4 of this Agreement means either a continuous visit or several consecutive visits, the total duration of which does not exceed 90 days in any 180-day period.

The notion of ‘any’ implies the application of a moving 180-day reference period, looking backwards at each day of the stay into the last 180-day period, in order to verify if the 90 days in any 180-day period requirement continues to be fulfilled. Inter alia, it means that an absence for an uninterrupted period of 90 days allows for a new stay for up to 90 days.

---

JOINT DECLARATION ON INFORMING CITIZENS ABOUT THE VISA WAIVER AGREEMENT

Recognising the importance of transparency for the citizens of the European Union and Dominica, the Contracting Parties agree to ensure full dissemination of information about the content and consequences of the visa waiver agreement and related issues, such as the entry conditions.

---

| 3.7.2015 | EN | Official Journal of the European Union | L 173/28 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/28

---

COUNCIL DECISION (EU) 2015/1033

of 7 May 2015

on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and Grenada on the short-stay visa waiver

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to Grenada from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2). |
| --- | --- |

(1)

Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to Grenada from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2).

| (2) | That reference to Grenada is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union. |
| --- | --- |

(2)

That reference to Grenada is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

| (3) | On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with Grenada for the conclusion of an agreement between the European Union and Grenada on the short-stay visa waiver (the ‘Agreement’). |
| --- | --- |

(3)

On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with Grenada for the conclusion of an agreement between the European Union and Grenada on the short-stay visa waiver (the ‘Agreement’).

| (4) | Negotiations on the Agreement were opened on 12 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 9 December 2014. |
| --- | --- |

(4)

Negotiations on the Agreement were opened on 12 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 9 December 2014.

| (5) | The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion. |
| --- | --- |

(5)

The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion.

| (6) | This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
| --- | --- |

(6)

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

| (7) | This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
| --- | --- |

(7)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Agreement between the European Union and Grenada on the short-stay visa waiver (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.

The text of the Agreement is attached to this Decision.

Article 2

The declarations attached to this Decision shall be approved on behalf of the Union.

Article 3

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 4

The Agreement shall be applied on a provisional basis as from the date of signature thereof (5), pending the completion of the procedures for its conclusion.

Article 5

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 7 May 2015.

For the Council

The President

E. RINKĒVIČS

---

(1)  Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

(3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

3

acquis

(4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

4

acquis

(5)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

5

Official Journal of the European Union

---

| 3.7.2015 | EN | Official Journal of the European Union | L 173/30 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/30

---

AGREEMENT

between the European Union and Grenada on the short-stay visa waiver

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’, and

GRENADA,

hereinafter referred to jointly as the ‘Contracting Parties’,

WITH A VIEW TO further developing friendly relations between the Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens,

HAVING REGARD to Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1) by, inter alia, transferring 19 third countries, including Grenada to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States,

BEARING IN MIND that Article 1 of Regulation (EU) No 509/2014 states that for those 19 countries, the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the Union,

DESIRING to safeguard the principle of equal treatment of all EU citizens,

TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for that category the relevant rules of Union law and national law of the Member States and the national law of Grenada on the visa obligation or exemption and on the access to employment continue to apply,

TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the United Kingdom and Ireland,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

This Agreement provides for visa-free travel for the citizens of the Union and for the citizens of Grenada when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period.

Article 2

Definitions

For the purpose of this Agreement:

| (a) | ‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland; |
| --- | --- |

(a)

‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland;

| (b) | ‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a); |
| --- | --- |

(b)

‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a);

| (c) | ‘a citizen of Grenada’ shall mean any person who holds the citizenship of Grenada; |
| --- | --- |

(c)

‘a citizen of Grenada’ shall mean any person who holds the citizenship of Grenada;

| (d) | ‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full. |
| --- | --- |

(d)

‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full.

acquis

Article 3

Scope of application

1.   Citizens of the Union holding a valid ordinary, diplomatic, service, official or special passport issued by a Member State may enter and stay without a visa in the territory of Grenada for the period of stay as defined in Article 4(1).

Citizens of Grenada holding a valid ordinary, diplomatic, service, official or special passport issued by Grenada may enter and stay without a visa in the territory of the Member States for the period of stay as defined in Article 4(2).

2.   Paragraph 1 of this Article does not apply to persons travelling for the purpose of carrying out a paid activity.

For that category of persons, each Member State individually may decide to impose a visa requirement on the citizens of Grenada or to withdraw it in accordance with Article 4(3) of Council Regulation (EC) No 539/2001 (2).

For that category of persons, Grenada may decide on the visa requirement or the visa waiver for the citizens of each Member State individually in accordance with its national law.

3.   The visa waiver provided for by this Agreement shall apply without prejudice to the laws of the Contracting Parties relating to the conditions of entry and short stay. The Member States and Grenada reserve the right to refuse entry into and short stay in their territories if one or more of these conditions is not met.

4.   The visa waiver applies regardless of the mode of transport used to cross the borders of the Contracting Parties.

5.   Issues not covered by this Agreement shall be governed by Union law, the national law of the Member States and by the national law of Grenada.

Article 4

Duration of stay

1.   Citizens of the Union may stay in the territory of Grenada for a maximum period of 90 days in any 180-day period.

2.   Citizens of Grenada may stay in the territory of the Member States fully applying the Schengen acquis for a maximum period of 90 days in any 180-day period. That period shall be calculated independently of any stay in a Member State which does not yet apply the Schengen acquis in full.

Citizens of Grenada may stay for a maximum period of 90 days in any 180-day period in the territory of each of the Member States that do not yet apply the Schengen acquis in full, independently of the period of stay calculated for the territory of the Member States fully applying the Schengen acquis.

3.   This Agreement does not affect the possibility for Grenada and the Member States to extend the period of stay beyond 90 days in accordance with their respective national laws and Union law.

Article 5

Territorial application

1.   As regards the French Republic, this Agreement shall apply only to the European territory of the French Republic.

2.   As regards the Kingdom of the Netherlands, this Agreement shall apply only to the European territory of the Kingdom of the Netherlands.

Article 6

Joint Committee for the management of the Agreement

1.   The Contracting Parties shall set up a Joint Committee of experts (hereinafter referred to as the ‘Committee’), composed of representatives of the Union and representatives of Grenada. The Union shall be represented by the European Commission.

2.   The Committee shall have, inter alia, the following tasks:

| (a) | monitoring the implementation of this Agreement; |
| --- | --- |

(a)

monitoring the implementation of this Agreement;

| (b) | suggesting amendments or additions to this Agreement; |
| --- | --- |

(b)

suggesting amendments or additions to this Agreement;

| (c) | making recommendations for the settlement of disputes arising from the interpretation or application of this Agreement. |
| --- | --- |

(c)

making recommendations for the settlement of disputes arising from the interpretation or application of this Agreement.

3.   The Committee shall be convened whenever necessary, at the request of one of the Contracting Parties.

4.   The Committee shall establish its rules of procedure.

Article 7

Relationship of this Agreement to existing bilateral visa waiver agreements between the Member States and Grenada

This Agreement shall take precedence over any bilateral agreements or arrangements concluded between individual Member States and Grenada, in so far as they cover issues falling within the scope hereof.

Article 8

Final provisions

1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date of the later of the two notifications by which the Contracting Parties notify each other that those procedures have been completed.

This Agreement shall be applied on a provisional basis as from the date of signature thereof.

2.   This Agreement is concluded for an indefinite period, unless terminated in accordance with paragraph 5.

3.   This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.

4.   Each Contracting Party may suspend in whole or in part this Agreement, in particular, for reasons of public policy, the protection of national security or the protection of public health, illegal immigration or upon the reintroduction of the visa requirement by either Contracting Party. The decision on suspension shall be notified to the other Contracting Party not later than two months before its planned entry into force. A Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party should the reasons for that suspension cease to exist and shall lift that suspension.

5.   Each Contracting Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days thereafter.

6.   Grenada may suspend or terminate this Agreement only in respect of all the Member States.

7.   The Union may suspend or terminate this Agreement only in respect of all of its Member States.

Done in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

Съставено в Брюксел на двадесет и осми май две хиляди и петнадесета година.

Hecho en Bruselas, el veintiocho de mayo de dos mil quince.

V Bruselu dne dvacátého osmého května dva tisíce patnáct.

Udfærdiget i Bruxelles den otteogtyvende maj to tusind og femten.

Geschehen zu Brüssel am achtundzwanzigsten Mai zweitausendfünfzehn.

Kahe tuhande viieteistkümnenda aasta maikuu kahekümne kaheksandal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Μαΐου δύο χιλιάδες δεκαπέντε.

Done at Brussels on the twenty-eighth day of May in the year two thousand and fifteen.

Fait à Bruxelles, le vingt-huit mai deux mille quinze.

Sastavljeno u Bruxellesu dvadeset osmog svibnja dvije tisuće petnaeste.

Fatto a Bruxelles, addì ventotto maggio duemilaquindici.

Briselē, divi tūkstoši piecpadsmitā gada divdesmit astotajā maijā.

Priimta du tūkstančiai penkioliktų metų gegužės dvidešimt aštuntą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-tizenötödik év május havának huszonnyolcadik napján.

Magħmul fi Brussell, fit-tmienja u għoxrin jum ta' Mejju tas-sena elfejn u ħmistax.

Gedaan te Brussel, de achtentwintigste mei tweeduizend vijftien.

Sporządzono w Brukseli dnia dwudziestego ósmego maja roku dwa tysiące piętnastego.

Feito em Bruxelas, em vinte e oito de maio de dois mil e quinze.

Întocmit la Bruxelles la douăzeci și opt mai două mii cincisprezece.

V Bruseli dvadsiateho ôsmeho mája dvetisícpätnásť.

V Bruslju, dne osemindvajsetega maja leta dva tisoč petnajst.

Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä toukokuuta vuonna kaksituhattaviisitoista.

Som skedde i Bryssel den tjugoåttonde maj tjugohundrafemton.

За Европейския съюз

Рог la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Za Europsku uniju

Per l'Unione europea

Eiropas Savienības vārdā —

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

Image 7

За Гренада

Por Granada

Za Grenadu

For Grenada

Für Grenada

Grenada nimel

Για τη Γρενάδα

For Grenada

Pour la Grenade

Za Grenadu

Per Grenada

Grenādas vārdā –

Grenados vardu

Grenada részéről

Għal Grenada

Voor Grenada

W imieniu Grenady

Por Granada

Pentru Grenada

Za Grenadu

Za Grenado

Grenadan puolesta

För Grenada

Image 8

---

(1)  
  OJ L 149, 20.5.2014, p. 67.

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

---

JOINT DECLARATION WITH REGARD TO ICELAND, NORWAY, SWITZERLAND AND LIECHTENSTEIN

The Contracting Parties take note of the close relationship between the European Union and Norway, Iceland, Switzerland and Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of those countries with the implementation, application and development of the Schengen acquis.

acquis

In such circumstances it is desirable that the authorities of Norway, Iceland, Switzerland, and Liechtenstein, on the one hand, and Grenada, on the other hand, conclude, without delay, bilateral agreements on the short-stay visa waiver in terms similar to those of this Agreement.

---

JOINT DECLARATION ON THE INTERPRETATION OF THE CATEGORY OF PERSONS TRAVELLING FOR THE PURPOSE OF CARRYING OUT A PAID ACTIVITY AS PROVIDED FOR IN ARTICLE 3(2) OF THIS AGREEMENT

Desiring to ensure a common interpretation, the Contracting Parties agree that, for the purposes of this Agreement, the category of persons carrying out a paid activity covers persons entering for the purpose of carrying out a gainful occupation or remunerated activity in the territory of the other Contracting Party as an employee or as a service provider.

This category should not cover:

| — | businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party), |
| --- | --- |

—

businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party),

| — | sportspersons or artists performing an activity on an ad-hoc basis, |
| --- | --- |

—

sportspersons or artists performing an activity on an ad-hoc basis,

| — | journalists sent by the media of their country of residence, and, |
| --- | --- |

—

journalists sent by the media of their country of residence, and,

| — | intra-corporate trainees. |
| --- | --- |

—

intra-corporate trainees.

The implementation of this Declaration shall be monitored by the Joint Committee within its responsibility under Article 6 of this Agreement, which may propose modifications when, on the basis of the experiences of the Contracting Parties, it considers it necessary.

---

JOINT DECLARATION ON THE INTERPRETATION OF THE PERIOD OF 90 DAYS IN ANY 180-DAY PERIOD AS SET OUT IN ARTICLE 4 OF THIS AGREEMENT

The Contracting Parties understand that the maximum period of 90 days in any 180-day period as provided for by Article 4 of this Agreement means either a continuous visit or several consecutive visits, the total duration of which does not exceed 90 days in any 180-day period.

The notion of ‘any’ implies the application of a moving 180-day reference period, looking backwards at each day of the stay into the last 180-day period, in order to verify if the 90 days in any 180-day period requirement continues to be fulfilled. Inter alia, it means that an absence for an uninterrupted period of 90 days allows for a new stay for up to 90 days.

Inter alia

---

JOINT DECLARATION ON INFORMING CITIZENS ABOUT THE VISA WAIVER AGREEMENT

Recognising the importance of transparency for the citizens of the European Union and Grenada, the Contracting Parties agree to ensure full dissemination of information about the content and consequences of the visa waiver agreement and related issues, such as the entry conditions.

---

| 3.7.2015 | EN | Official Journal of the European Union | L 173/37 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/37

---

COUNCIL DECISION (EU) 2015/1034

of 7 May 2015

on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to Saint Vincent and the Grenadines from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2). |
| --- | --- |

(1)

Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to Saint Vincent and the Grenadines from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2).

| (2) | That reference to Saint Vincent and the Grenadines is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union. |
| --- | --- |

(2)

That reference to Saint Vincent and the Grenadines is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

| (3) | On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with Saint Vincent and the Grenadines for the conclusion of an agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver (the ‘Agreement’). |
| --- | --- |

(3)

On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with Saint Vincent and the Grenadines for the conclusion of an agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver (the ‘Agreement’).

| (4) | Negotiations on the Agreement were opened on 12 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 11 December 2014. |
| --- | --- |

(4)

Negotiations on the Agreement were opened on 12 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 11 December 2014.

| (5) | The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion. |
| --- | --- |

(5)

The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion.

| (6) | This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
| --- | --- |

(6)

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

| (7) | This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
| --- | --- |

(7)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Agreement between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.

The text of the Agreement is attached to this Decision.

Article 2

The declarations attached to this Decision shall be approved on behalf of the Union.

Article 3

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 4

The Agreement shall be applied on a provisional basis as from the date of signature thereof (5), pending the completion of the procedures for its conclusion.

Article 5

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 7 May 2015.

For the Council

The President

E. RINKĒVIČS

---

(1)  Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

(3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

3

acquis

(4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

4

acquis

(5)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

5

Official Journal of the European Union

---

| 3.7.2015 | EN | Official Journal of the European Union | L 173/39 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/39

---

AGREEMENT

between the European Union and Saint Vincent and the Grenadines on the short-stay visa waiver

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’, and

SAINT VINCENT AND THE GRENADINES,

hereinafter referred to jointly as the ‘Contracting Parties’,

WITH A VIEW TO further developing friendly relations between the Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens,

HAVING REGARD to Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1) by, inter alia, transferring 19 third countries, including Saint Vincent and the Grenadines, to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States,

BEARING IN MIND that Article 1 of Regulation (EU) No 509/2014 states that for those 19 countries, the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the Union,

DESIRING to safeguard the principle of equal treatment of all EU citizens,

TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for that category the relevant rules of Union law and national law of the Member States and the national law of Saint Vincent and the Grenadines on the visa obligation or exemption and on the access to employment continue to apply,

TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the United Kingdom and Ireland,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

This Agreement provides for visa-free travel for the citizens of the Union and for the citizens of Saint Vincent and the Grenadines when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period.

Article 2

Definitions

For the purpose of this Agreement:

| (a) | ‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland; |
| --- | --- |

(a)

‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland;

| (b) | ‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a); |
| --- | --- |

(b)

‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a);

| (c) | ‘a citizen of Saint Vincent and the Grenadines’ shall mean any person who holds the citizenship of Saint Vincent and the Grenadines; |
| --- | --- |

(c)

‘a citizen of Saint Vincent and the Grenadines’ shall mean any person who holds the citizenship of Saint Vincent and the Grenadines;

| (d) | ‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full. |
| --- | --- |

(d)

‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full.

acquis

Article 3

Scope of application

1.   Citizens of the Union holding a valid ordinary, diplomatic, service, official or special passport issued by a Member State may enter and stay without a visa in the territory of Saint Vincent and the Grenadines for the period of stay as defined in Article 4(1).

Citizens of Saint Vincent and the Grenadines holding a valid ordinary, diplomatic, service, official or special passport issued by Saint Vincent and the Grenadines may enter and stay without a visa in the territory of the Member States for the period of stay as defined in Article 4(2).

2.   Paragraph 1 of this Article does not apply to persons travelling for the purpose of carrying out a paid activity.

For that category of persons, each Member State individually may decide to impose a visa requirement on the citizens of Saint Vincent and the Grenadines or to withdraw it in accordance with Article 4(3) of Council Regulation (EC) No 539/2001 (2).

For that category of persons, Saint Vincent and the Grenadines may decide on the visa requirement or the visa waiver for the citizens of each Member State individually in accordance with its national law.

3.   The visa waiver provided for by this Agreement shall apply without prejudice to the laws of the Contracting Parties relating to the conditions of entry and short stay. The Member States and Saint Vincent and the Grenadines reserve the right to refuse entry into and short stay in their territories if one or more of these conditions is not met.

4.   The visa waiver applies regardless of the mode of transport used to cross the borders of the Contracting Parties.

5.   Issues not covered by this Agreement shall be governed by Union law, the national law of the Member States and by the national law of Saint Vincent and the Grenadines.

Article 4

Duration of stay

1.   Citizens of the Union may stay in the territory of Saint Vincent and the Grenadines for a maximum period of 90 days in any 180-day period.

2.   Citizens of Saint Vincent and the Grenadines may stay in the territory of the Member States fully applying the Schengen acquis for a maximum period of 90 days in any 180-day period. That period shall be calculated independently of any stay in a Member State which does not yet apply the Schengen acquis in full.

Citizens of Saint Vincent and the Grenadines may stay for a maximum period of 90 days in any 180-day period in the territory of each of the Member States that do not yet apply the Schengen acquis in full, independently of the period of stay calculated for the territory of the Member States fully applying the Schengen acquis.

3.   This Agreement does not affect the possibility for Saint Vincent and the Grenadines and the Member States to extend the period of stay beyond 90 days in accordance with their respective national laws and Union law.

Article 5

Territorial application

1.   As regards the French Republic, this Agreement shall apply only to the European territory of the French Republic.

2.   As regards the Kingdom of the Netherlands, this Agreement shall apply only to the European territory of the Kingdom of the Netherlands.

Article 6

Joint Committee for the management of the Agreement

1.   The Contracting Parties shall set up a Joint Committee of experts (hereinafter referred to as the ‘Committee’), composed of representatives of the Union and representatives of Saint Vincent and the Grenadines. The Union shall be represented by the European Commission.

2.   The Committee shall have, inter alia, the following tasks:

| (a) | monitoring the implementation of this Agreement; |
| --- | --- |

(a)

monitoring the implementation of this Agreement;

| (b) | suggesting amendments or additions to this Agreement; |
| --- | --- |

(b)

suggesting amendments or additions to this Agreement;

| (c) | making recommendations for the settlement of disputes arising from the interpretation or application of this Agreement. |
| --- | --- |

(c)

making recommendations for the settlement of disputes arising from the interpretation or application of this Agreement.

3.   The Committee shall be convened whenever necessary, at the request of one of the Contracting Parties.

4.   The Committee shall establish its rules of procedure.

Article 7

Relationship of this Agreement to existing bilateral visa waiver agreements between the Member States and Saint Vincent and the Grenadines

This Agreement shall take precedence over any bilateral agreements or arrangements concluded between individual Member States and Saint Vincent and the Grenadines, in so far as they cover issues falling within the scope hereof.

Article 8

Final provisions

1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date of the later of the two notifications by which the Contracting Parties notify each other that those procedures have been completed.

This Agreement shall be applied on a provisional basis as from the date of signature thereof.

2.   This Agreement is concluded for an indefinite period, unless terminated in accordance with paragraph 5.

3.   This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.

4.   Each Contracting Party may suspend in whole or in part this Agreement, in particular, for reasons of public policy, the protection of national security or the protection of public health, illegal immigration or upon the reintroduction of the visa requirement by either Contracting Party. The decision on suspension shall be notified to the other Contracting Party not later than two months before its planned entry into force. A Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party should the reasons for that suspension cease to exist and shall lift that suspension.

5.   Each Contracting Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days thereafter.

6.   Saint Vincent and the Grenadines may suspend or terminate this Agreement only in respect of all the Member States.

7.   The Union may suspend or terminate this Agreement only in respect of all of its Member States.

Done in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

Съставено в Брюксел на двадесет и осми май две хиляди и петнадесета година.

Hecho en Bruselas, el veintiocho de mayo de dos mil quince.

V Bruselu dne dvacátého osmého května dva tisíce patnáct.

Udfærdiget i Bruxelles den otteogtyvende maj to tusind og femten.

Geschehen zu Brüssel am achtundzwanzigsten Mai zweitausendfünfzehn.

Kahe tuhande viieteistkümnenda aasta maikuu kahekümne kaheksandal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Μαΐου δύο χιλιάδες δεκαπέντε.

Done at Brussels on the twenty-eighth day of May in the year two thousand and fifteen.

Fait à Bruxelles, le vingt-huit mai deux mille quinze.

Sastavljeno u Bruxellesu dvadeset osmog svibnja dvije tisuće petnaeste.

Fatto a Bruxelles, addì ventotto maggio duemilaquindici.

Briselē, divi tūkstoši piecpadsmitā gada divdesmit astotajā maijā.

Priimta du tūkstančiai penkioliktų metų gegužės dvidešimt aštuntą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-tizenötödik év május havának huszonnyolcadik napján.

Magħmul fi Brussell, fit-tmienja u għoxrin jum ta' Mejju tas-sena elfejn u ħmistax.

Gedaan te Brussel, de achtentwintigste mei tweeduizend vijftien.

Sporządzono w Brukseli dnia dwudziestego ósmego maja roku dwa tysiące piętnastego.

Feito em Bruxelas, em vinte e oito de maio de dois mil e quinze.

Întocmit la Bruxelles la douăzeci și opt mai două mii cincisprezece.

V Bruseli dvadsiateho ôsmeho mája dvetisícpätnásť.

V Bruslju, dne osemindvajsetega maja leta dva tisoč petnajst.

Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä toukokuuta vuonna kaksituhattaviisitoista.

Som skedde i Bryssel den tjugoåttonde maj tjugohundrafemton.

За Европейския съюз

Рог la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Za Europsku uniju

Per l'Unione europea

Eiropas Savienības vārdā —

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

Image 9

За Сейнт Винсънт и Гренадини

Por San Vicente y las Granadinas

Za Svatý Vincenc a Grenadiny

For Saint Vincent og Grenadinerne

Für St. Vincent und die Grenadinen

Saint Vincenti ja Grenadiinide nimel

Για του Άγιο Βικέντιο και τις Γρεναδίνες

For Saint Vincent and the Grenadines

Pour Saint-Vincent-et-les-Grenadines

Za Sveti Vincent i Grenadine

Per Saint Vincent e Grenadine

Sentvinsentas un Grenadīnu vārdā —

Sent Vinsento ir Grenadinų vardu

A Saint Vincent és Grenadine-szigetek részéről

Għal Saint Vincent u l-Grenadini

Voor Saint Vincent en de Grenadines

W imieniu Saint Vincent i Grenadynów

Por São Vicente e Granadinas

Pentru Saint Vincent și Grenadinele

Za Svätý Vincent a Grenadíny

Za Saint Vincent in Grenadine

Saint Vincent ja Grenadiinien puolesta

För Saint Vincent och Grenadinerna

Image 10

---

(1)  
  OJ L 149, 20.5.2014, p. 67.

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

---

JOINT DECLARATION WITH REGARD TO ICELAND, NORWAY, SWITZERLAND AND LIECHTENSTEIN

The Contracting Parties take note of the close relationship between the European Union and Norway, Iceland, Switzerland and Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of those countries with the implementation, application and development of the Schengen acquis.

acquis

In such circumstances it is desirable that the authorities of Norway, Iceland, Switzerland, and Liechtenstein, on the one hand, and Saint Vincent and the Grenadines, on the other hand, conclude, without delay, bilateral agreements on the short-stay visa waiver in terms similar to those of this Agreement.

---

JOINT DECLARATION ON THE INTERPRETATION OF THE CATEGORY OF PERSONS TRAVELLING FOR THE PURPOSE OF CARRYING OUT A PAID ACTIVITY AS PROVIDED FOR IN ARTICLE 3(2) OF THIS AGREEMENT

Desiring to ensure a common interpretation, the Contracting Parties agree that, for the purposes of this Agreement, the category of persons carrying out a paid activity covers persons entering for the purpose of carrying out a gainful occupation or remunerated activity in the territory of the other Contracting Party as an employee or as a service provider.

This category should not cover:

| — | businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party), |
| --- | --- |

—

businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party),

| — | sportspersons or artists performing an activity on an ad-hoc basis, |
| --- | --- |

—

sportspersons or artists performing an activity on an ad-hoc basis,

| — | journalists sent by the media of their country of residence, and, |
| --- | --- |

—

journalists sent by the media of their country of residence, and,

| — | intra-corporate trainees. |
| --- | --- |

—

intra-corporate trainees.

The implementation of this Declaration shall be monitored by the Joint Committee within its responsibility under Article 6 of this Agreement, which may propose modifications when, on the basis of the experiences of the Contracting Parties, it considers it necessary.

---

JOINT DECLARATION ON THE INTERPRETATION OF THE PERIOD OF 90 DAYS IN ANY 180-DAY PERIOD AS SET OUT IN ARTICLE 4 OF THIS AGREEMENT

The Contracting Parties understand that the maximum period of 90 days in any 180-day period as provided for by Article 4 of this Agreement means either a continuous visit or several consecutive visits, the total duration of which does not exceed 90 days in any 180-day period.

The notion of ‘any’ implies the application of a moving 180-day reference period, looking backwards at each day of the stay into the last 180-day period, in order to verify if the 90 days in any 180-day period requirement continues to be fulfilled. inter alia, it means that an absence for an uninterrupted period of 90 days allows for a new stay for up to 90 days.

---

JOINT DECLARATION ON INFORMING CITIZENS ABOUT THE VISA WAIVER AGREEMENT

Recognising the importance of transparency for the citizens of the European Union and Saint Vincent and the Grenadines, the Contracting Parties agree to ensure full dissemination of information about the content and consequences of the visa waiver agreement and related issues, such as the entry conditions.

---

| 3.7.2015 | EN | Official Journal of the European Union | L 173/46 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/46

---

COUNCIL DECISION (EU) 2015/1035

of 7 May 2015

on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to the Republic of Vanuatu from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2). |
| --- | --- |

(1)

Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to the Republic of Vanuatu from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2).

| (2) | That reference to the Republic of Vanuatu is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union. |
| --- | --- |

(2)

That reference to the Republic of Vanuatu is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

| (3) | On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Republic of Vanuatu for the conclusion of an agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver (the ‘Agreement’). |
| --- | --- |

(3)

On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Republic of Vanuatu for the conclusion of an agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver (the ‘Agreement’).

| (4) | Negotiations on the Agreement were opened on 19 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 4 December 2014. |
| --- | --- |

(4)

Negotiations on the Agreement were opened on 19 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 4 December 2014.

| (5) | The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion. |
| --- | --- |

(5)

The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion.

| (6) | This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
| --- | --- |

(6)

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

| (7) | This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
| --- | --- |

(7)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.

The text of the Agreement is attached to this Decision.

Article 2

The declarations attached to this Decision shall be approved on behalf of the Union.

Article 3

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 4

The Agreement shall be applied on a provisional basis as from the date of signature thereof (5), pending the completion of the procedures for its conclusion.

Article 5

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 7 May 2015.

For the Council

The President

E. RINKĒVIČS

---

(1)  Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

(3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

3

acquis

(4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

4

acquis

(5)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

5

Official Journal of the European Union

---

| 3.7.2015 | EN | Official Journal of the European Union | L 173/48 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/48

---

AGREEMENT

between the European Union and the Republic of Vanuatu on the short-stay visa waiver

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’, and

THE REPUBLIC OF VANUATU, hereinafter referred to as ‘Vanuatu’,

hereinafter referred to jointly as the ‘Contracting Parties’,

WITH A VIEW TO further developing friendly relations between the Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens,

HAVING REGARD to Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1) by, inter alia, transferring 19 third countries, including Vanuatu, to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States,

BEARING IN MIND that Article 1 of Regulation (EU) No 509/2014 states that for those 19 countries, the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the Union,

DESIRING to safeguard the principle of equal treatment of all EU citizens,

TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for that category the relevant rules of Union law and national law of the Member States and the national law of Vanuatu on the visa obligation or exemption and on the access to employment continue to apply,

TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the United Kingdom and Ireland,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

This Agreement provides for visa-free travel for the citizens of the Union and for the citizens of Vanuatu when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period.

Article 2

Definitions

For the purpose of this Agreement:

| (a) | ‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland; |
| --- | --- |

(a)

‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland;

| (b) | ‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a); |
| --- | --- |

(b)

‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a);

| (c) | ‘a citizen of Vanuatu’ shall mean any person who holds the citizenship of Vanuatu; |
| --- | --- |

(c)

‘a citizen of Vanuatu’ shall mean any person who holds the citizenship of Vanuatu;

| (d) | ‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full. |
| --- | --- |

(d)

‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full.

acquis

Article 3

Scope of application

1.   Citizens of the Union holding a valid ordinary, diplomatic, service, official or special passport issued by a Member State may enter and stay without a visa in the territory of Vanuatu for the period of stay as defined in Article 4(1).

Citizens of Vanuatu holding a valid ordinary, diplomatic, service, official or special passport issued by Vanuatu may enter and stay without a visa in the territory of the Member States for the period of stay as defined in Article 4(2).

2.   Paragraph 1 of this Article does not apply to persons travelling for the purpose of carrying out a paid activity.

For that category of persons, each Member State individually may decide to impose a visa requirement on the citizens of Vanuatu or to withdraw it in accordance with Article 4(3) of Council Regulation (EC) No 539/2001 (2).

For that category of persons, Vanuatu may decide on the visa requirement or the visa waiver for the citizens of each Member State individually in accordance with its national law.

3.   The visa waiver provided for by this Agreement shall apply without prejudice to the laws of the Contracting Parties relating to the conditions of entry and short stay. The Member States and Vanuatu reserve the right to refuse entry into and short stay in their territories if one or more of these conditions is not met.

4.   The visa waiver applies regardless of the mode of transport used to cross the borders of the Contracting Parties.

5.   Issues not covered by this Agreement shall be governed by Union law, the national law of the Member States and by the national law of Vanuatu.

Article 4

Duration of stay

1.   Citizens of the Union may stay in the territory of Vanuatu for a maximum period of 90 days in any 180-day period.

2.   Citizens of Vanuatu may stay in the territory of the Member States fully applying the Schengen acquis for a maximum period of 90 days in any 180-day period. That period shall be calculated independently of any stay in a Member State which does not yet apply the Schengen acquis in full.

Citizens of Vanuatu may stay for a maximum period of 90 days in any 180-day period in the territory of each of the Member States that do not yet apply the Schengen acquis in full, independently of the period of stay calculated for the territory of the Member States fully applying the Schengen acquis.

3.   This Agreement does not affect the possibility for Vanuatu and the Member States to extend the period of stay beyond 90 days in accordance with their respective national laws and Union law.

Article 5

Territorial application

1.   As regards the French Republic, this Agreement shall apply only to the European territory of the French Republic.

2.   As regards the Kingdom of the Netherlands, this Agreement shall apply only to the European territory of the Kingdom of the Netherlands.

Article 6

Joint Committee for the management of the Agreement

1.   The Contracting Parties shall set up a Joint Committee of experts (hereinafter referred to as the ‘Committee’), composed of representatives of the Union and representatives of Vanuatu. The Union shall be represented by the European Commission.

2.   The Committee shall have, inter alia, the following tasks:

| (a) | monitoring the implementation of this Agreement; |
| --- | --- |

(a)

monitoring the implementation of this Agreement;

| (b) | suggesting amendments or additions to this Agreement; |
| --- | --- |

(b)

suggesting amendments or additions to this Agreement;

| (c) | settling disputes arising from the interpretation or application of this Agreement. |
| --- | --- |

(c)

settling disputes arising from the interpretation or application of this Agreement.

3.   The Committee shall be convened whenever necessary, at the request of one of the Contracting Parties.

4.   The Committee shall establish its rules of procedure.

Article 7

Relationship of this Agreement to existing bilateral visa waiver agreements between the Member States and Vanuatu

This Agreement shall take precedence over any bilateral agreements or arrangements concluded between individual Member States and Vanuatu, in so far as they cover issues falling within the scope hereof.

Article 8

Final provisions

1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date of the later of the two notifications by which the Contracting Parties notify each other that those procedures have been completed.

This Agreement shall be applied on a provisional basis as from the date of signature hereof.

2.   This Agreement is concluded for an indefinite period, unless terminated in accordance with paragraph 5.

3.   This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.

4.   Each Contracting Party may suspend in whole or in part this Agreement, in particular, for reasons of public policy, the protection of national security or the protection of public health, illegal immigration or upon the reintroduction of the visa requirement by either Contracting Party. The decision on suspension shall be notified to the other Contracting Party not later than two months before its planned entry into force. A Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party should the reasons for that suspension cease to exist and shall lift that suspension.

5.   Each Contracting Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days thereafter.

6.   Vanuatu may suspend or terminate this Agreement only in respect of all the Member States.

7.   The Union may suspend or terminate this Agreement only in respect of all of its Member States.

Done in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

Съставено в Брюксел на двадесет и осми май две хиляди и петнадесета година.

Hecho en Bruselas, el veintiocho de mayo de dos mil quince.

V Bruselu dne dvacátého osmého května dva tisíce patnáct.

Udfærdiget i Bruxelles den otteogtyvende maj to tusind og femten.

Geschehen zu Brüssel am achtundzwanzigsten Mai zweitausendfünfzehn.

Kahe tuhande viieteistkümnenda aasta maikuu kahekümne kaheksandal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Μαΐου δύο χιλιάδες δεκαπέντε.

Done at Brussels on the twenty-eighth day of May in the year two thousand and fifteen.

Fait à Bruxelles, le vingt-huit mai deux mille quinze.

Sastavljeno u Bruxellesu dvadeset osmog svibnja dvije tisuće petnaeste.

Fatto a Bruxelles, addì ventotto maggio duemilaquindici.

Briselē, divi tūkstoši piecpadsmitā gada divdesmit astotajā maijā.

Priimta du tūkstančiai penkioliktų metų gegužės dvidešimt aštuntą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-tizenötödik év május havának huszonnyolcadik napján.

Magħmul fi Brussell, fit-tmienja u għoxrin jum ta' Mejju tas-sena elfejn u ħmistax.

Gedaan te Brussel, de achtentwintigste mei tweeduizend vijftien.

Sporządzono w Brukseli dnia dwudziestego ósmego maja roku dwa tysiące piętnastego.

Feito em Bruxelas, em vinte e oito de maio de dois mil e quinze.

Întocmit la Bruxelles la douăzeci și opt mai două mii cincisprezece.

V Bruseli dvadsiateho ôsmeho mája dvetisícpätnásť.

V Bruslju, dne osemindvajsetega maja leta dva tisoč petnajst.

Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä toukokuuta vuonna kaksituhattaviisitoista.

Som skedde i Bryssel den tjugoåttonde maj tjugohundrafemton.

За Европейския съюз

Рог la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Za Europsku uniju

Per l'Unione europea

Eiropas Savienības vārdā —

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

Image 11

За Република Вануату

Por la República de Vanuatu

Za Vanuatskou republiku

For Republikken Vanuatu

Für die Republik Vanuatu

Vanuatu Vabariigi nimel

Για τη Δημοκρατία του Βανουάτου

For the Republic of Vanuatu

Pour la République du Vanuatu

Za Republiku Vanuatu

Per la Repubblica di Vanuatu

Vanuatu Republikas vārdā —

Vanuatu Respublikos vardu

A Vanuatui Köztársaság részéről

Għar-Repubblika tal-Vanuatu

Voor de Republiek Vanuatu

W imieniu Republiki Vanuatu

Pela República de Vanuatu

Pentru Republica Vanuatu

Za Vanuatskú republiku

Za Republiko Vanuatu

Vanuatun tasavallan puolesta

För Republiken Vanuatu

Image 12

---

(1)  
  OJ L 149, 20.5.2014, p. 67.

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

---

JOINT DECLARATION WITH REGARD TO ICELAND, NORWAY, SWITZERLAND AND LIECHTENSTEIN

The Contracting Parties take note of the close relationship between the European Union and Norway, Iceland, Switzerland and Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of those countries with the implementation, application and development of the Schengen acquis.

acquis

In such circumstances it is desirable that the authorities of Norway, Iceland, Switzerland, and Liechtenstein, on the one hand, and Vanuatu, on the other hand, conclude, without delay, bilateral agreements on the short-stay visa waiver in terms similar to those of this Agreement.

---

JOINT DECLARATION ON THE INTERPRETATION OF THE CATEGORY OF PERSONS TRAVELLING FOR THE PURPOSE OF CARRYING OUT A PAID ACTIVITY AS PROVIDED FOR IN ARTICLE 3(2) OF THIS AGREEMENT

Desiring to ensure a common interpretation, the Contracting Parties agree that, for the purposes of this Agreement, the category of persons carrying out a paid activity covers persons entering for the purpose of carrying out a gainful occupation or remunerated activity in the territory of the other Contracting Party as an employee or as a service provider.

This category should not cover:

| — | businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party), |
| --- | --- |

—

businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party),

| — | sportspersons or artists performing an activity on an ad hoc basis, |
| --- | --- |

—

sportspersons or artists performing an activity on an ad hoc basis,

| — | journalists sent by the media of their country of residence, and |
| --- | --- |

—

journalists sent by the media of their country of residence, and

| — | intra-corporate trainees. |
| --- | --- |

—

intra-corporate trainees.

The implementation of this Declaration shall be monitored by the Joint Committee within its responsibility under Article 6 of this Agreement, which may propose modifications when, on the basis of the experiences of the Contracting Parties, it considers it necessary.

---

JOINT DECLARATION ON THE INTERPRETATION OF THE PERIOD OF 90 DAYS IN ANY 180-DAY PERIOD AS SET OUT IN ARTICLE 4 OF THIS AGREEMENT

The Contracting Parties understand that the maximum period of 90 days in any 180-day period as provided for by Article 4 of this Agreement means either a continuous visit or several consecutive visits, the total duration of which does not exceed 90 days in any 180-day period.

The notion of ‘any’ implies the application of a moving 180-day reference period, looking backwards at each day of the stay into the last 180-day period, in order to verify if the 90 days in any 180-day period requirement continues to be fulfilled. inter alia, it means that an absence for an uninterrupted period of 90 days allows for a new stay for up to 90 days.

---

JOINT DECLARATION ON INFORMING CITIZENS ABOUT THE VISA WAIVER AGREEMENT

Recognising the importance of transparency for the citizens of the European Union and the nationals of Vanuatu, the Contracting Parties agree to ensure full dissemination of information about the content and consequences of the visa waiver agreement and related issues, such as the entry conditions.

---

| 3.7.2015 | EN | Official Journal of the European Union | L 173/55 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/55

---

COUNCIL DECISION (EU) 2015/1036

of 7 May 2015

on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Independent State of Samoa on the short-stay visa waiver

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to the Independent State of Samoa from Annex I to Annex II to Council Regulation (EC) No 539/2001 (2). |
| --- | --- |

(1)

Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to the Independent State of Samoa from Annex I to Annex II to Council Regulation (EC) No 539/2001 (2).

| (2) | That reference to the Independent State of Samoa is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union. |
| --- | --- |

(2)

That reference to the Independent State of Samoa is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

| (3) | On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Independent State of Samoa for the conclusion of an agreement between the European Union and the Independent State of Samoa on the short-stay visa waiver (the `‘Agreement’). |
| --- | --- |

(3)

On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Independent State of Samoa for the conclusion of an agreement between the European Union and the Independent State of Samoa on the short-stay visa waiver (the `‘Agreement’).

| (4) | Negotiations on the Agreement were opened on 19 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 15 December 2014. |
| --- | --- |

(4)

Negotiations on the Agreement were opened on 19 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 15 December 2014.

| (5) | The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion. |
| --- | --- |

(5)

The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion.

| (6) | This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
| --- | --- |

(6)

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

| (7) | This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
| --- | --- |

(7)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Agreement between the European Union and the Independent State of Samoa on the short-stay visa waiver (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.

The text of the Agreement is attached to this Decision.

Article 2

The declarations attached to this Decision shall be approved on behalf of the Union.

Article 3

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 4

The Agreement shall be applied on a provisional basis as from the date of signature thereof (5), pending the completion of the procedures for its conclusion.

Article 5

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 7 May 2015.

For the Council

The President

E. RINKĒVIČS

---

(1)  Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

(3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

3

(4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

4

acquis

(5)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

5

Official Journal of the European Union

---

| 3.7.2015 | EN | Official Journal of the European Union | L 173/57 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/57

---

AGREEMENT

between the European Union and the Independent State of Samoa on the short-stay visa waiver

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’, and

THE INDEPENDENT STATE OF SAMOA, hereinafter referred to as ‘Samoa’,

hereinafter referred to jointly as the ‘Contracting Parties’,

WITH A VIEW TO further developing friendly relations between the Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens,

HAVING REGARD to Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1) by, inter alia, transferring 19 third countries, including Samoa, to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States,

BEARING IN MIND that Article 1 of Regulation (EU) No 509/2014 states that for those 19 countries, the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the Union,

DESIRING to safeguard the principle of equal treatment of all EU citizens,

TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for that category the relevant rules of Union law and national law of the Member States and the national law of Samoa on the visa obligation or exemption and on the access to employment continue to apply,

TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the United Kingdom and Ireland,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

This Agreement provides for visa-free travel for the citizens of the Union and for the citizens of Samoa when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period.

Article 2

Definitions

For the purpose of this Agreement:

| (a) | ‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland; |
| --- | --- |

(a)

‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland;

| (b) | ‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a); |
| --- | --- |

(b)

‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a);

| (c) | ‘a citizen of Samoa’ shall mean any person who holds the citizenship of Samoa; |
| --- | --- |

(c)

‘a citizen of Samoa’ shall mean any person who holds the citizenship of Samoa;

| (d) | ‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full. |
| --- | --- |

(d)

‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full.

acquis

Article 3

Scope of application

1.   Citizens of the Union holding a valid ordinary, diplomatic, service, official or special passport issued by a Member State may enter and stay without a visa in the territory of Samoa for the period of stay as defined in Article 4(1).

Citizens of Samoa holding a valid ordinary, diplomatic, service, official or special passport issued by Samoa may enter and stay without a visa in the territory of the Member States for the period of stay as defined in Article 4(2).

2.   Paragraph 1 of this Article does not apply to persons travelling for the purpose of carrying out a paid activity.

For that category of persons, each Member State individually may decide to impose a visa requirement on the citizens of Samoa or to withdraw it in accordance with Article 4(3) of Council Regulation (EC) No 539/2001 (2).

For that category of persons, Samoa may decide on the visa requirement or the visa waiver for the citizens of each Member State individually in accordance with its national law.

3.   The visa waiver provided for by this Agreement shall apply without prejudice to the laws of the Contracting Parties relating to the conditions of entry and short stay. The Member States and Samoa reserve the right to refuse entry into and short stay in their territories if one or more of these conditions is not met.

4.   The visa waiver applies regardless of the mode of transport used to cross the borders of the Contracting Parties.

5.   Issues not covered by this Agreement shall be governed by Union law, the national law of the Member States and by the national law of Samoa.

Article 4

Duration of stay

1.   Citizens of the Union may stay in the territory of Samoa for a maximum period of 90 days in any 180-day period.

2.   Citizens of Samoa may stay in the territory of the Member States fully applying the Schengen acquis for a maximum period of 90 days in any 180-day period. That period shall be calculated independently of any stay in a Member State which does not yet apply the Schengen acquis in full.

Citizens of Samoa may stay for a maximum period of 90 days in any 180-day period in the territory of each of the Member States that do not yet apply the Schengen acquis in full, independently of the period of stay calculated for the territory of the Member States fully applying the Schengen acquis.

3.   This Agreement does not affect the possibility for Samoa and the Member States to extend the period of stay beyond 90 days in accordance with their respective national laws and Union law.

Article 5

Territorial application

1.   As regards the French Republic, this Agreement shall apply only to the European territory of the French Republic.

2.   As regards the Kingdom of the Netherlands, this Agreement shall apply only to the European territory of the Kingdom of the Netherlands.

Article 6

Joint Committee for the management of the Agreement

1.   The Contracting Parties shall set up a Joint Committee of experts (hereinafter referred to as the ‘Committee’), composed of representatives of the Union and representatives of Samoa. The Union shall be represented by the European Commission.

2.   The Committee shall have, inter alia, the following tasks:

| (a) | monitoring the implementation of this Agreement; |
| --- | --- |

(a)

monitoring the implementation of this Agreement;

| (b) | suggesting amendments or additions to this Agreement; |
| --- | --- |

(b)

suggesting amendments or additions to this Agreement;

| (c) | settling disputes arising from the interpretation or application of this Agreement. |
| --- | --- |

(c)

settling disputes arising from the interpretation or application of this Agreement.

3.   The Committee shall be convened whenever necessary, at the request of one of the Contracting Parties.

4.   The Committee shall establish its rules of procedure.

Article 7

Relationship of this Agreement to existing bilateral visa waiver agreements between the Member States and Samoa

This Agreement shall take precedence over any bilateral agreements or arrangements concluded between individual Member States and Samoa, in so far as they cover issues falling within the scope hereof.

Article 8

Final provisions

1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date of the later of the two notifications by which the Contracting Parties notify each other that those procedures have been completed.

This Agreement shall be applied on a provisional basis as from the date of signature hereof.

2.   This Agreement is concluded for an indefinite period, unless terminated in accordance with paragraph 5.

3.   This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.

4.   Each Contracting Party may suspend in whole or in part this Agreement, in particular, for reasons of public policy, the protection of national security or the protection of public health, illegal immigration or upon the reintroduction of the visa requirement by either Contracting Party. The decision on suspension shall be notified to the other Contracting Party not later than two months before its planned entry into force. A Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party should the reasons for that suspension cease to exist and shall lift that suspension.

5.   Each Contracting Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days thereafter.

6.   Samoa may suspend or terminate this Agreement only in respect of all the Member States.

7.   The Union may suspend or terminate this Agreement only in respect of all of its Member States.

Done in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

Съставено в Брюксел на двадесет и осми май две хиляди и петнадесета година.

Hecho en Bruselas, el veintiocho de mayo de dos mil quince.

V Bruselu dne dvacátého osmého května dva tisíce patnáct.

Udfærdiget i Bruxelles den otteogtyvende maj to tusind og femten.

Geschehen zu Brüssel am achtundzwanzigsten Mai zweitausendfünfzehn.

Kahe tuhande viieteistkümnenda aasta maikuu kahekümne kaheksandal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Μαΐου δύο χιλιάδες δεκαπέντε.

Done at Brussels on the twenty eighth day of May in the year two thousand and fifteen.

Fait à Bruxelles, le vingt huit mai deux mille quinze.

Sastavljeno u Bruxellesu dvadeset osmog svibnja dvije tisuće petnaeste.

Fatto a Bruxelles, addì ventotto maggio duemilaquindici.

Briselē, divi tūkstoši piecpadsmitā gada divdesmit astotajā maijā.

Priimta du tūkstančiai penkioliktų metų gegužės dvidešimt aštuntą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-tizenötödik év május havának huszonnyolcadik napján.

Magħmul fi Brussell, fit-tmienja u għoxrin jum ta' Mejju tas-sena elfejn u ħmistax.

Gedaan te Brussel, de achtentwintigste mei tweeduizend vijftien.

Sporządzono w Brukseli dnia dwudziestego ósmego maja roku dwa tysiące piętnastego.

Feito em Bruxelas, em vinte e oito de maio de dois mil e quinze.

Întocmit la Bruxelles la douăzeci și opt mai două mii cincisprezece.

V Bruseli dvadsiateho ôsmeho mája dvetisícpätnásť.

V Bruslju, dne osemindvajsetega maja leta dva tisoč petnajst.

Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä toukokuuta vuonna kaksituhattaviisitoista.

Som skedde i Bryssel den tjugoåttonde maj tjugohundrafemton.

За Европейския съюз

Рог la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Za Europsku uniju

Per l'Unione europea

Eiropas Savienības vārdā –

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

Image 13

За Независима държава Самоа

Por el Estado Independiente de Samoa

Za Nezávislý stát Samoa

For Den Uafhængige Stat Samoa

Für den Unabhängigen Staat Samoa

Samoa Iseseisvusriigi nimel

Για το Ανεξάρτητο Κράτος της Σαμόα

For the Independent State of Samoa

Pour l'État indépendant du Samoa

Za Nezavisnu Državu Samou

Per lo Stato indipendente di Samoa

Samoa Neatkarīgās Valsts vārdā –

Samoa Nepriklausomosios Valstybės vardu

A Szamoai Független Állam részéről

Għall-Istat Indipendenti ta' Samoa

Voor de Onafhankelijke Staat Samoa

W imieniu Niezależnego Państwa Samoa

Pelo Estado Independente de Samoa

Pentru Statul Independent Samoa

Za Samojský nezávislý štát

Za Neodvisno državo Samoo

Samoan itsenäisen valtion puolesta

För Självständiga staten Samoa

Image 14

---

(1)  
  OJ L 149, 20.5.2014, p. 67.

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

---

JOINT DECLARATION WITH REGARD TO ICELAND, NORWAY, SWITZERLAND AND LIECHTENSTEIN

The Contracting Parties take note of the close relationship between the European Union and Norway, Iceland, Switzerland and Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of those countries with the implementation, application and development of the Schengen acquis.

acquis

In such circumstances it is desirable that the authorities of Norway, Iceland, Switzerland, and Liechtenstein, on the one hand, and Samoa, on the other hand, conclude, without delay, bilateral agreements on the short-stay visa waiver in terms similar to those of this Agreement.

---

JOINT DECLARATION ON THE INTERPRETATION OF THE CATEGORY OF PERSONS TRAVELLING FOR THE PURPOSE OF CARRYING OUT A PAID ACTIVITY AS PROVIDED FOR IN ARTICLE 3(2) OF THIS AGREEMENT

Desiring to ensure a common interpretation, the Contracting Parties agree that, for the purposes of this Agreement, the category of persons carrying out a paid activity covers persons entering for the purpose of carrying out a gainful occupation or remunerated activity in the territory of the other Contracting Party as an employee or as a service provider.

This category should not cover:

| — | businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party), |
| --- | --- |

—

businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party),

| — | sportspersons or artists performing an activity on an ad-hoc basis, |
| --- | --- |

—

sportspersons or artists performing an activity on an ad-hoc basis,

| — | journalists sent by the media of their country of residence, and, |
| --- | --- |

—

journalists sent by the media of their country of residence, and,

| — | intra-corporate trainees. |
| --- | --- |

—

intra-corporate trainees.

The implementation of this Declaration shall be monitored by the Joint Committee within its responsibility under Article 6 of this Agreement, which may propose modifications when, on the basis of the experiences of the Contracting Parties, it considers it necessary.

---

JOINT DECLARATION ON THE INTERPRETATION OF THE PERIOD OF 90 DAYS IN ANY 180-DAY PERIOD AS SET OUT IN ARTICLE 4 OF THIS AGREEMENT

The Contracting Parties understand that the maximum period of 90 days in any 180-day period as provided for by Article 4 of this Agreement means either a continuous visit or several consecutive visits, the total duration of which does not exceed 90 days in any 180-day period.

The notion of ‘any’ implies the application of a moving 180-day reference period, looking backwards at each day of the stay into the last 180-day period, in order to verify if the 90 days in any 180-day period requirement continues to be fulfilled. Inter alia, it means that an absence for an uninterrupted period of 90 days allows for a new stay for up to 90 days.

Inter alia

---

JOINT DECLARATION ON INFORMING CITIZENS ABOUT THE VISA WAIVER AGREEMENT

Recognising the importance of transparency for the citizens of the European Union and the nationals of Samoa, the Contracting Parties agree to ensure full dissemination of information about the content and consequences of the visa waiver agreement and related issues, such as the entry conditions.

---

| 3.7.2015 | EN | Official Journal of the European Union | L 173/64 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/64

---

COUNCIL DECISION (EU) 2015/1037

of 7 May 2015

on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to the Republic of Trinidad and Tobago from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2). |
| --- | --- |

(1)

Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to the Republic of Trinidad and Tobago from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2).

| (2) | That reference to the Republic of Trinidad and Tobago is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union. |
| --- | --- |

(2)

That reference to the Republic of Trinidad and Tobago is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

| (3) | On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Republic of Trinidad and Tobago for the conclusion of an agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver (the ‘Agreement’). |
| --- | --- |

(3)

On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Republic of Trinidad and Tobago for the conclusion of an agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver (the ‘Agreement’).

| (4) | Negotiations on the Agreement were opened on 12 November 2014 and were successfully finalised by the initialling thereof, by exchange of letters, on 15 December 2014. |
| --- | --- |

(4)

Negotiations on the Agreement were opened on 12 November 2014 and were successfully finalised by the initialling thereof, by exchange of letters, on 15 December 2014.

| (5) | The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of he Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion. |
| --- | --- |

(5)

The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of he Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion.

| (6) | This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application. |
| --- | --- |

(6)

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

| (7) | This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application, |
| --- | --- |

(7)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union of the Agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver ( the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.

The text of the Agreement is attached to this Decision.

Article 2

The declarations attached to this Decision shall be approved on behalf of the Union.

Article 3

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.

Article 4

The Agreement shall be applied on a provisional basis as from the date of signature thereof (5), pending the completion of the procedures for its conclusion.

Article 5

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 7 May 2015.

For the Council

The President

E. RINKĒVIČS

---

(1)  Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

(3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

3

(4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

4

(5)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

5

Official Journal of the European Union

---

| 3.7.2015 | EN | Official Journal of the European Union | L 173/66 |
| --- | --- | --- | --- |

3.7.2015

EN

Official Journal of the European Union

L 173/66

---

AGREEMENT

between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ or ‘the EU’, and

THE REPUBLIC OF TRINIDAD AND TOBAGO, hereinafter referred to as ‘Trinidad and Tobago’,

hereinafter referred to jointly as the ‘Contracting Parties’,

WITH A VIEW TO further developing friendly relations between the Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens,

HAVING REGARD to Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1) by, inter alia, transferring 19 third countries, including Trinidad and Tobago to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States,

BEARING IN MIND that Article 1 of Regulation (EU) No 509/2014 states that for those 19 countries, the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the Union,

DESIRING to safeguard the principle of equal treatment of all EU citizens,

TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for that category the relevant rules of Union law and national law of the Member States and the national law of Trinidad and Tobago on the visa obligation or exemption and on the access to employment continue to apply,

TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol on the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the United Kingdom and Ireland,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose

This Agreement provides for visa-free travel for the citizens of the Union and for the citizens of Trinidad and Tobago when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period.

Article 2

Definitions

For the purpose of this Agreement:

| (a) | ‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland; |
| --- | --- |

(a)

‘Member State’ shall mean any Member State of the Union, with the exception of the United Kingdom and Ireland;

| (b) | ‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a); |
| --- | --- |

(b)

‘a citizen of the Union’ shall mean a national of a Member State as defined in point (a);

| (c) | ‘a citizen of Trinidad and Tobago’ shall mean any person who holds the citizenship of Trinidad and Tobago; |
| --- | --- |

(c)

‘a citizen of Trinidad and Tobago’ shall mean any person who holds the citizenship of Trinidad and Tobago;

| (d) | ‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full. |
| --- | --- |

(d)

‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full.

acquis

Article 3

Scope of application

1.   Citizens of the Union holding a valid ordinary, diplomatic, service, official or special passport issued by a Member State may enter and stay without a visa in the territory of Trinidad and Tobago for the period of stay as defined in Article 4(1).

Citizens of Trinidad and Tobago holding a valid ordinary, diplomatic, service, official or special passport issued by Trinidad and Tobago may enter and stay without a visa in the territory of the Member States for the period of stay as defined in Article 4(2).

2.   Paragraph 1 of this Article does not apply to persons travelling for the purpose of carrying out a paid activity.

For that category of persons, each Member State individually may decide to impose a visa requirement on the citizens of Trinidad and Tobago or to withdraw it in accordance with Article 4(3) of Council Regulation (EC) No 539/2001 (2).

For that category of persons, Trinidad and Tobago may decide on the visa requirement or the visa waiver for the citizens of each Member State individually in accordance with its national law.

3.   The visa waiver provided for by this Agreement shall apply without prejudice to the laws of the Contracting Parties relating to the conditions of entry and short stay. The Member States and Trinidad and Tobago reserve the right to refuse entry into and short stay in their territories if one or more of these conditions is not met.

4.   The visa waiver applies regardless of the mode of transport used to cross the borders of the Contracting Parties.

5.   Issues not covered by this Agreement shall be governed by Union law, the national law of the Member States and by the national law of Trinidad and Tobago.

Article 4

Duration of stay

1.   Citizens of the Union may stay in the territory of Trinidad and Tobago for a maximum period of 90 days in any 180-day period.

2.   Citizens of Trinidad and Tobago may stay in the territory of the Member States fully applying the Schengen acquis for a maximum period of 90 days in any 180-day period. That period shall be calculated independently of any stay in a Member State which does not yet apply the Schengen acquis in full.

Citizens of Trinidad and Tobago may stay for a maximum period of 90 days in any 180-day period in the territory of each of the Member States that do not yet apply the Schengen acquis in full, independently of the period of stay calculated for the territory of the Member States fully applying the Schengen acquis.

3.   This Agreement does not affect the possibility for Trinidad and Tobago and the Member States to extend the period of stay beyond 90 days in accordance with their respective national laws and Union law.

Article 5

Territorial application

1.   As regards the French Republic, this Agreement shall apply only to the European territory of the French Republic.

2.   As regards the Kingdom of the Netherlands, this Agreement shall apply only to the European territory of the Kingdom of the Netherlands.

Article 6

Joint Committee for the management of the Agreement

1.   The Contracting Parties shall set up a Joint Committee of experts (hereinafter referred to as the ‘Committee’), composed of representatives of the Union and representatives of Trinidad and Tobago. The Union shall be represented by the European Commission.

2.   The Committee shall have, inter alia, the following tasks:

| (a) | monitoring the implementation of this Agreement; |
| --- | --- |

(a)

monitoring the implementation of this Agreement;

| (b) | suggesting amendments or additions to this Agreement; |
| --- | --- |

(b)

suggesting amendments or additions to this Agreement;

| (c) | making recommendations for the settlement of disputes arising from the interpretation or application of this Agreement. |
| --- | --- |

(c)

making recommendations for the settlement of disputes arising from the interpretation or application of this Agreement.

3.   The Committee shall be convened whenever necessary, at the request of one of the Contracting Parties.

4.   The Committee shall establish its rules of procedure.

Article 7

Relationship of this Agreement to existing bilateral visa waiver agreements between the Member States and Trinidad and Tobago

This Agreement shall take precedence over any bilateral agreements or arrangements concluded between individual Member States and Trinidad and Tobago, in so far as they cover issues falling within the scope hereof.

Article 8

Final provisions

1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date of the later of the two notifications by which the Contracting Parties notify each other that those procedures have been completed.

This Agreement shall be applied on a provisional basis as from the date of signature hereof.

2.   This Agreement is concluded for an indefinite period, unless terminated in accordance with paragraph 5.

3.   This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.

4.   Each Contracting Party may suspend in whole or in part this Agreement, in particular, for reasons of public policy, the protection of national security or the protection of public health, illegal immigration or upon the reintroduction of the visa requirement by either Contracting Party. The decision on suspension shall be notified to the other Contracting Party not later than two months before its planned entry into force. A Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party should the reasons for that suspension cease to exist and shall lift that suspension.

5.   Each Contracting Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days thereafter.

6.   Trinidad and Tobago may suspend or terminate this Agreement only in respect of all the Member States.

7.   The Union may suspend or terminate this Agreement only in respect of all of its Member States.

Done in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic.

Съставено в Брюксел на двадесет и осми май две хиляди и петнадесета година.

Hecho en Bruselas, el veintiocho de mayo de dos mil quince.

V Bruselu dne dvacátého osmého května dva tisíce patnáct.

Udfærdiget i Bruxelles den otteogtyvende maj to tusind og femten.

Geschehen zu Brüssel am achtundzwanzigsten Mai zweitausendfünfzehn.

Kahe tuhande viieteistkümnenda aasta maikuu kahekümne kaheksandal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Μαΐου δύο χιλιάδες δεκαπέντε.

Done at Brussels on the twenty-eighth day of May in the year two thousand and fifteen.

Fait à Bruxelles, le vingt-huit mai deux mille quinze.

Sastavljeno u Bruxellesu dvadeset osmog svibnja dvije tisuće petnaeste.

Fatto a Bruxelles, addì ventotto maggio duemilaquindici.

Briselē, divi tūkstoši piecpadsmitā gada divdesmit astotajā maijā.

Priimta du tūkstančiai penkioliktų metų gegužės dvidešimt aštuntą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-tizenötödik év május havának huszonnyolcadik napján.

Magħmul fi Brussell, fit-tmienja u għoxrin jum ta' Mejju tas-sena elfejn u ħmistax.

Gedaan te Brussel, de achtentwintigste mei tweeduizend vijftien.

Sporządzono w Brukseli dnia dwudziestego ósmego maja roku dwa tysiące piętnastego.

Feito em Bruxelas, em vinte e oito de maio de dois mil e quinze.

Întocmit la Bruxelles la douăzeci și opt mai două mii cincisprezece.

V Bruseli dvadsiateho ôsmeho mája dvetisícpätnásť.

V Bruslju, dne osemindvajsetega maja leta dva tisoč petnajst.

Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä toukokuuta vuonna kaksituhattaviisitoista.

Som skedde i Bryssel den tjugoåttonde maj tjugohundrafemton.

За Европейския съюз

Рог la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l'Union européenne

Za Europsku uniju

Per l'Unione europea

Eiropas Savienības vārdā –

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

Image 15

За Република Тринидад и Тобаго

Por la República de Trinidad y Tobago

Za Republiku Trinidad a Tobago

For Republikken Trinidad og Tobago

Für die Republik Trinidad und Tobago

Trinidadi ja Tobago Vabariigi nimel

Για τη Δημοκρατία του Τρινιντάντ και Τομπάγκο

For the Republic of Trinidad and Tobago

Pour la République de Trinité-et-Tobago

Za Republiku Trinidad i Tobago

Per la Repubblica di Trinidad e Tobago

Trinidādas un Tobāgo Republikas vārdā –

Trinidado ir Tobago Respublikos vardu

A Trinidad és Tobago Köztársaság részéről

Għar-Repubblika ta' Trinidad u Tobago

Voor de Republiek Trinidad en Tobago

W imieniu Trynidadu i Tobago

Pela República de Trindade e Tobago

Pentru Republica Trinidad și Tobago

Za Republiku Trinidadu a Tobaga

Za Republiko Trinidad in Tobago

Trinidadin ja Tobagon tasavallan puolesta

För Republiken Trinidad och Tobago

Image 16

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(1)  
  OJ L 149, 20.5.2014, p. 67.

1

(2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

2

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JOINT DECLARATION WITH REGARD TO ICELAND, NORWAY, SWITZERLAND AND LIECHTENSTEIN

The Contracting Parties take note of the close relationship between the European Union and Norway, Iceland, Switzerland and Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of those countries with the implementation, application and development of the Schengen acquis.

acquis

In such circumstances it is desirable that the authorities of Norway, Iceland, Switzerland, and Liechtenstein, on the one hand, and Trinidad and Tobago, on the other hand, conclude, without delay, bilateral agreements on the short-stay visa waiver in terms similar to those of this Agreement.

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JOINT DECLARATION ON THE INTERPRETATION OF THE CATEGORY OF PERSONS TRAVELLING FOR THE PURPOSE OF CARRYING OUT A PAID ACTIVITY AS PROVIDED FOR IN ARTICLE 3(2) OF THIS AGREEMENT

Desiring to ensure a common interpretation, the Contracting Parties agree that, for the purposes of this Agreement, the category of persons carrying out a paid activity covers persons entering for the purpose of carrying out a gainful occupation or remunerated activity in the territory of the other Contracting Party as an employee or as a service provider.

This category should not cover:

| — | businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party), |
| --- | --- |

—

businesspersons, i.e. persons travelling for the purpose of business deliberations (without being employed in the country of the other Contracting Party),

| — | sportspersons or artists performing an activity on an ad-hoc basis, |
| --- | --- |

—

sportspersons or artists performing an activity on an ad-hoc basis,

| — | journalists sent by the media of their country of residence, and, |
| --- | --- |

—

journalists sent by the media of their country of residence, and,

| — | intra-corporate trainees. |
| --- | --- |

—

intra-corporate trainees.

The implementation of this Declaration shall be monitored by the Joint Committee within its responsibility under Article 6 of this Agreement, which may propose modifications when, on the basis of the experiences of the Contracting Parties, it considers it necessary.

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JOINT DECLARATION ON THE INTERPRETATION OF THE PERIOD OF 90 DAYS IN ANY 180-DAY PERIOD AS SET OUT IN ARTICLE 4 OF THIS AGREEMENT

The Contracting Parties understand that the maximum period of 90 days in any 180-day period as provided for by Article 4 of this Agreement means either a continuous visit or several consecutive visits, the total duration of which does not exceed 90 days in any 180-day period.

The notion of ‘any’ implies the application of a moving 180-day reference period, looking backwards at each day of the stay into the last 180-day period, in order to verify if the 90 days in any 180-day period requirement continues to be fulfilled. Inter alia, it means that an absence for an uninterrupted period of 90 days allows for a new stay for up to 90 days.

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JOINT DECLARATION ON INFORMING CITIZENS ABOUT THE VISA WAIVER AGREEMENT

Recognising the importance of transparency for the citizens of the European Union and Trinidad and Tobago, the Contracting Parties agree to ensure full dissemination of information about the content and consequences of the visa waiver agreement and related issues, such as the entry conditions.

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