EXPLANATORY MEMORANDUM

1.CONTEXT OF THE RECOMMENDATION

Cabo Verde and the EU have enjoyed a close and very constructive relationship for more than 35 years, based first of all on significant and continuing development cooperation. Since November 2007, relations between the EU and Cabo Verde are governed by the EU-Cabo Verde Special Partnership, which represents an ambitious tool in reinforcing of the bilateral relations, and constitutes a unique case among the African, Caribbean and Pacific Group of States (ACP). One of the objectives of the Special Partnership is to enhance mobility and people-to-people contacts between EU and Cabo Verdean citizens, as well as to increase cooperation in fighting irregular immigration. In the framework of this partnership, in 2008 Cabo Verde, as a first African country, concluded a Mobility Partnership with the EU. The objectives of the Mobility Partnership aim at strengthening cooperation with the EU in the area of migration, border management, fight against irregular migration and trafficking in human beings.

The Special Partnership paved the way for the negotiation and conclusion of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issuing of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (hereinafter ‘the Agreement’), adopted in parallel with an Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation. Both agreements entered into force on 1 December 2014.

On 2 February 2020, Regulation (EU) 2019/1155 of 20 June 2019 amending the Visa Code will become applicable. In case of contradiction between them, the Agreement, as an international agreement of the Union, would prevail over secondary Union legislation and would thus continue to apply. However, the Visa Code will also apply to matters that are not dealt with by the Agreement. Therefore, some of the provisions of the revised Visa Code will affect the procedures for the issuing of visas to Cabo Verdean citizens.

For instance, the revised Visa Code introduces a harmonised approach to the issuing of multiple entry visas to regular travellers with a positive visa history for a period that increases gradually from 1 to 5 years, and it will provide for the possibility to waive the visa fee to children from the age of six years and below the age of 18 years. It also increases the general level of the visa fee from EUR 60 to EUR 80, and introduces the possibility to suspend – by means of a Council implementing decision – some of the facilitations applicable to nationals of a third country (and/or certain categories of travellers of that country), such as visa fee waivers, length of validity of multiple-entry visas, reduced supporting documents to be provided – in case that country’s level of cooperation on readmission is assessed as insufficient.

Contrary to similar visa facilitation agreements concluded by the EU with other third countries, the Agreement with Cabo Verde does not include a provision reducing the visa fee level, nor does it provide for a harmonised list of supporting documents to be presented by the applicant for justifying the purpose of travel. Moreover, the Agreement does not allow for suspension, of all or some of its provisions, in case of insufficient cooperation on readmission.

In light of these developments, the European Commission considers it opportune to adapt the Agreement concluded with Cabo Verde.

Cabo Verde’s visa policy towards EU citizens

As of 1 January 2019, Cabo Verde exempted EU citizens from the visa requirement (for stays up to 30 days) when travelling to its territory.