Proposal for a Council Decision on the conclusion of the Agreement between the European Community and Ukraine on the facilitation of issuance of short-stay visas
Date: 2007-04-17
Institutions: European Commission
Subjects: EU Member State, EU visa policy, Ukraine, admission of aliens, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 17.4.2007 
COM(2007) 190 final 

2007/0069 (CNS) 

Proposal for a  

COUNCIL DECISION 

on the signature of the Agreement between the European Community and Ukraine on 
the facilitation of issuance of short-stay visas 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and Ukraine on 
the facilitation of issuance of short-stay visas 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

POLITICAL AND LEGAL BACKGROUND 

Ukraine has expressed for some time considerable interest in obtaining visa facilitation for its 
citizens. The EU-Ukraine Policy Action Plan, which was endorsed by the EU-Ukraine Co-
operation Council on 21 February 2005 noted that a constructive dialogue on visa facilitation 
between  the  EU  and  Ukraine  would  be  established,  with  a  view  to  preparing  for  future 
negotiations on a visa facilitation agreement, taking account of the need for progress on the 
ongoing negotiations for an EC-Ukraine readmission agreement. 

In  its  conclusions  of  21  February  2005,  the  GAERC  agreed  to  study,  with  a  view  to  the 
negotiations  to  be  held  between  the  EU  and  Ukraine  before  the  following  EU-Ukraine 
Summit,  options  concerning  the  question  of  how,  and  in  what  framework,  the  granting  of 
visas  could  be  facilitated  whilst  complying  rigorously  with  security  requirements.  In  this 
context, progress in the ongoing negotiations on an EC-Ukraine readmission agreement would 
remain essential. 

At  the  JLS  Ministerial  troika  with  Ukraine  on  25  February  2005,  the  Commission 
acknowledged the great importance that Ukraine attached to visa facilitation and noted that it 
intended to take work forward in accordance with  the  provisions  of  the  EU  Ukraine  Action 
Plan.  

In  a  broader  context,  The  Hague  Programme,  approved  by  the  European  Council  in 
November  2004,  states  that  the  Council  and  the  Commission  are  invited  to  examine  with  a 
view to developing a common approach, “whether in the context of the EC readmission policy 
it would be opportune to facilitate, on a case by case basis, the issuance of short-stay visas to 
third-country  nationals,  where  possible  and  on  a  basis  of  reciprocity,  as  part  of  a  real 
partnership in external relations, including migration-related issues”. 

Following  the  authorization  given  by  the Council to the Commission on 7 November 2005, 
negotiations with Ukraine on the facilitation of the issuance of short-stay visas were opened in 
Brussels  on  22  November  2005,  back-to-back  with  the  continuation  of  negotiations  on  a 
readmission  agreement.  Four  further  rounds  of  negotiations  were  held  on  25  January  2006, 
27 February 2006, 20 July 2006 and 10 October 2006, alternately in Kiev and Brussels and in 
parallel  ("back-to-back")  with  negotiations  on  an  EC-Ukraine  readmission  agreement. 
Moreover, formal negotiations were occasionally prepared by informal expert meetings. 

At the last formal round on 10 October 2006, the Commission presented to the Ukrainian side 
a  "package  deal"  on  both  agreements.  On  25  October  the  Ukrainian  Ambassador  to  the  EU 
informed the Commission that Ukraine could accept the "package deal". The final texts of the 
visa  facilitation  and  readmission  agreements  were  initialled  on  27  October  2006  at  the 
occasion of the EU-Ukraine Summit in Helsinki. 

The European Commission has already negotiated a visa facilitation agreement with one third 
country (the Russian Federation). The experience acquired in previous negotiations has been 
useful for the negotiations with Ukraine. 

Member  States  have  been  regularly  informed  and  consulted  in  relevant  Council  Working 
groups and committees at all stages of the negotiations. 

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On the part of the Community, the legal basis for the Agreement is Article 62 par. 2 lit. b), in 
conjunction with Article 300 TEC. 

The attached proposals constitute the legal instruments for the signature and conclusion of the 
Agreement.  The  Council  will  decide  by  qualified  majority.  The  European  Parliament  will 
have  to  be  formally  consulted  on  the  conclusion  of  the  Agreement,  in  accordance  with 
Art. 300 par. 3 EC Treaty. 

The proposed decision concerning the conclusion sets out the necessary internal arrangements 
for  the  practical  application  of  the  Agreement.  In  particular,  it  specifies  that  the  European 
Commission, assisted by experts from Member States, represents the Community within the 
Joint Committee set up by Article 12 of the Agreement.  

Under  Article  12(4),  the  visa  facilitation  Joint  Committee  may  adopt  its  own  rules  of 
procedure. The Community position in this regard shall be established by the Commission in 
consultation with a special committee designated by the Council. 

It  has  to  be  noted  that  on  31  March  2005  President  Yushchenko  signed  the  Decree  “On 
Temporary  Introduction  of  the  visa-free  regime  for  citizens  of  the  Member  States  of  the 
European Union and the Swiss Confederation”. According to the Decree, a visa-free regime 
of entry in Ukraine for the citizens of the EU and the Swiss Confederation remains in force 
from  1  May  till  1  September  2005.  This  visa-free  regime  was  extended  after  1st  September 
2005 and introduced for Iceland and Norway's citizens as from 1st January 2006. 

In  this  respect,  the  draft  agreement  on  visa  facilitation  states  in  Article  1(2)  that  if  Ukraine 
would reintroduce the visa requirement for EU citizens, the same facilitations granted under 
the agreement to the Ukrainian citizens would apply automatically, on the basis of reciprocity, 
to EU citizens. 

2. 

OUTCOME OF NEGOTIATIONS 

The Commission considers that the objectives set by the Council in its negotiating directives 
were attained and that the draft visa facilitation agreement is acceptable to the Community. 

The final content of it can be summarised as follows: 

–  in principle, for all visa applicants, a decision on whether or not to issue a visa will have to 
be  taken  within  10  calendar  days.  This  period  may  be  extended  up  to  30  calendar  days 
when further scrutiny is needed. In urgent cases, the period for taking a decision may be 
reduced to two working days or less; 

–  the visa fee for processing applications of Ukrainian citizens shall amount to 35 €. This fee 
will be applied to all Ukrainian visa applicants and concerns both single and multiple-entry 
visas. There is a possibility of charging a higher fee of 70 € -with some exceptions- in case 
of urgent requests, where the visa application and supporting documents are submitted by 
the  visa  applicant  without  justification  only  three  days  or  less  before  his/her  departure. 
Moreover, certain categories of persons benefit from a full waiving of the visa fee: close 
relatives, officials participating in government activities, students, journalists, pensioners, 
children  under  the  age  of  18,  humanitarian  cases  and  persons  participating  in  cultural, 
educational exchange programmes and sport events; 

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–  the documents to be presented regarding the purpose of the journey have been simplified 
for  some  categories  of  persons:  close  relatives,  business  people,  members  of  official 
delegations,  students,  participants  in  scientific,  cultural  and  sporting  events,  journalists, 
persons  visiting  military  and  civil  burials,  drivers  conducting  international  cargo  and 
passenger  transportation  services  and  persons  visiting  for  medical  reasons.  For  these 
categories  of  persons,  only  the  documents  listed  in  the  agreement  can  be  requested  for 
justifying  the  purpose  of  the  journey.  No  other  justification,  invitation  or  validation 
provided for by the legislation of the Member States is required;  

–  there  are  also  simplified  criteria  for  issuing  multiple-entry  visas  for  the  following 

categories of persons: 

a) 

b) 

for  members  of  national  and  regional  governments  and  parliaments,  Constitutional 
and  Supreme  Courts,  permanent  members  of  official  delegations,  journalists, 
business  people  and  spouses  and  children  visiting  citizens  of  the  Ukraine  legally 
residing in the Member States: visa valid up to five years (or shorter, limited to the 
period of the validity of their mandate or authorisation for legal residence). 

participants  in  scientific,  cultural,  official  exchange  programmes  and  sport  events, 
and professional drivers and train crews, provided that during the previous two years 
they  have  made  good  use  of  a  1  year  multiple-entry  visas  and  the  reasons  for 
requesting a multiple-entry are still valid: visas valid for a minimum of 2 years and a 
maximum of 5 years are issued; 

–  citizens of Ukraine who are holders of  valid  diplomatic passports are exempted from the 

visa requirement for short-stays.  

–  a  protocol  was  agreed  stating  that  Member  States  that  do  not  fully  apply  the  Schengen 
acquis  yet,  may  unilaterally  recognise  Schengen  visas  and  residence  permits  issued  to 
Ukrainian  citizens  for  the  purpose  of  transit  through  their  territory  in  accordance  with 
Council Decision N°895/2006/EC of 14 June 20061. 

–  a Commission Declaration is attached to the Agreement on the motivation of the decision 
to  refuse  a  visa,  making  reference  to  rules  on  this  matter  contained  in  the  proposal  for  a 
Draft  Regulation  establishing  a  Community  Code  on  visas  presented  by  the  European 
Commission on 19 July 20062. Moreover, an EC Declaration is also attached on access of 
visa applicants to information and harmonisation of information procedures for issuance of 
short-stay visas. 

The  specific  situations  of  Denmark,  the  United  Kingdom  and  Ireland  are  reflected  in  the 
preamble  and  in  two  joint  declarations  attached  to  the  Agreement.  The  close  association  of 
Norway  and  Iceland  to  the  implementation,  application  and  development  of  the  Schengen 
acquis is likewise reflected in a joint declaration to the Agreement. 

Since  the  two  agreements  on  visa  facilitation  and  readmission  are  linked,  both  agreements 
should be signed, concluded and enter into force simultaneously.  

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OJ L 167, 20.6.2006, p. 1. 
COM(2006) 403 final/2. 

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3. 

CONCLUSIONS 

In the light of the above-mentioned results, the Commission proposes that the Council 

–  decide  that  the  Agreement  be  signed  on  behalf  of  the  Community  and  authorise  the 
President of the Council to appoint the person(s) duly empowered to sign on behalf of the 
Community; 

–  approve,  after  consultation  of  the  European  Parliament,  the  attached  Agreement  between 
the  European  Community  and  Ukraine  on  the  facilitation  of  the  issuance  of  short-stay 
visas. 

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Proposal for a  

COUNCIL DECISION 

on the signature of the Agreement between the European Community and Ukraine on 
the facilitation of issuance of short-stay visas 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 62,(2)(b)(i) and (ii), in conjunction with the first sentence of the first subparagraph of 
Article 300(2) thereof, 

Having regard to the proposal from the Commission3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

By  its  decision  of  7  November  2005,  the  Council  authorised  the  Commission  to 
negotiate an agreement between the European Community and Ukraine regarding the 
facilitation of the issuance of short-stay visas. 

Negotiations on the agreement were opened on 22 November 2005 and concluded on 
10 October 2006. 

Subject to its possible conclusion at a later date, the Agreement initialled in Helsinki 
on 27 October 2006 should be signed. 

In  accordance  with  the  Protocol  on  the  position  of  the  United  Kingdom  and  Ireland, 
and the Protocol integrating the Schengen acquis into the framework of the European 
Union,  the  United  Kingdom  and  Ireland  do  not  take  part  in  the  adoption  of  this 
Decision and are therefore not bound by it or subject to its application. 

In accordance with the Protocol on the position of the Denmark annexed to the Treaty 
on European Union and to the Treaty establishing the European Community, Denmark 
does not take part in the adoption of this Decision and is therefore not bound by it or 
subject to its application 

3 

OJ C […], p. […]. 

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HAS DECIDED AS FOLLOWS:  

Sole Article 

Subject  to  a  possible  conclusion  at  a  later  date,  the  President  of  the  Council  is  hereby 
authorised  to  designate  the  person(s)  empowered  to  sign,  on  behalf  of  the  European 
Community,  the  Agreement  between  the  European  Community  and  Ukraine  on  the 
facilitation of the issuance of short-stay visas and the related documents consisting of the text 
of the agreement, a Protocol and the joint declarations. 

Done in Brussels,  

For the Council 
The President 

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2007/0069 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and Ukraine on 
the facilitation of issuance of short-stay visas 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 62(2)(b)(i) and (ii), in conjunction with the first sentence of the first subparagraph of 
Article 300 (2) and the first subparagraph of Article 300 (3) thereof, 

Having regard to the proposal from the Commission4, 

Having regard to the opinion of the European Parliament5 

WHEREAS:  

(1) 

(2) 

The Commission has negotiated on behalf of the European Community an Agreement 
with Ukraine on the facilitation of the issuance of short-stay visas; 

This  Agreement  has  been  signed,  on  behalf  of  the  European  Community,  on 
…….2006  subject  to  its  possible  conclusion  at  a  later  date,  in  accordance  with 
Decision……../……/EC of the Council of [………….] 

(3) 

This Agreement should be approved.  

(4) 

(5) 

(6) 

The Agreement establishes a Joint Committee for the management of the Agreement, 
which  may  adopt  its  rules  of  procedure.  It  is  appropriate  to  provide  for  a  simplified 
procedure for the establishment of the Community position in this case. 

In  accordance  with  the  Protocol  on  the  position  of  the  United  Kingdom  and  Ireland, 
and the Protocol integrating the Schengen acquis into the framework of the European 
Union,  the  United  Kingdom  and  Ireland  do  not  take  part  in  the  adoption  of  this 
Decision and are therefore not bound by it or subject to its application. 

In accordance with the Protocol on the position of the Denmark annexed to the Treaty 
on European Union and to the Treaty establishing the European Community, Denmark 
does not take part in the adoption of this Decision and is therefore not bound by it or 
subject to its application. 

4 
5 

OJ C […], p. […]. 
OJ C […], p. […]. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  between  the  European  Community  and  Ukraine  on  the  facilitation  of  the 
issuance of short-stay visas is hereby approved on behalf of the Community. 

The text of the agreement is attached to this Decision. 

The President of the Council shall give the notification provided for in Article 14 paragraph 1 
of the Agreement6. 

Article 2 

The Commission, assisted by experts from Member States, shall represent the Community in 
the Joint Committee of experts established by Article 12 of the Agreement. 

Article 3 

Article 4 

The  position  of  the  Community  within  the  Joint  Committee  of  experts  with  regard  to  the 
adoption of its rules of procedure as required under Article 12 (4) of the Agreement shall be 
taken  by  the  Commission  after  consultation  with  a  special  committee  designated  by  the 
Council. 

Article 5 

This Decision shall be published in the Official Journal of the European Union. 

Done in Brussels,  

For the Council 
The President 

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The date of entry into force of the Agreement will be published in the Official Journal of the European 
Union [by the General Secretariat of the Council]. 

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Annex 

AGREEMENT 

between 

the European Community and Ukraine  

on the facilitation of the issuance of visas 

THE EUROPEAN COMMUNITY hereinafter referred to as “the Community”; 

and  

UKRAINE, 

hereinafter referred to as the Parties; 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

With a view to further developing friendly relations between the Contracting Parties 
and  desiring  to  facilitate  people  to  people  contacts  as  an  important  condition  for  a 
steady development of economic, humanitarian, cultural, scientific and other ties, by 
facilitating the issuing of visas to Ukrainian citizens;  

Desiring to regulate the regime of mutual travel of citizens of Ukraine and Member 
States of the European Union; 

Bearing in mind that, as from 1st May 2005, EU citizens are exempted from the visa 
requirement when travelling to Ukraine for a period of time not exceeding 90 days 
or transiting through the territory of Ukraine;  

Recognising that if Ukraine would reintroduce the visa requirement for EU citizens, 
the same facilitations granted under this agreement to the Ukrainian citizens would 
automatically, on the basis of reciprocity, apply to EU citizens; 

Having  regard  to  the  EU  Ukraine  Policy  Action  Plan,  which  noted  that  a 
constructive  dialogue  on  visa  facilitation  between  the  EU  and  Ukraine  would  be 
established,  with  a  view  to  preparing  for  negotiations  on  a  visa  facilitation 
agreement, taking account of the need for progress on the ongoing negotiations for 
an EC-Ukraine readmission agreement; 

Recognising  that  visa  facilitation  should  not  lead  to  illegal  migration  and  paying 
special attention to security and readmission; 

Recognising the introduction of a visa free travel regime for the citizens of Ukraine 
as a long term perspective; 

Taking into account the Protocol on the position of the United Kingdom and Ireland 
and  the  Protocol  integrating  the  Schengen  acquis  into  the  framework  of  the 
European  Union,  annexed  to  the  Treaty  on  European  Union  and  the  Treaty 
establishing  the  European  Community  and  confirming  that  the  provisions  of  this 
agreement do not apply to the United Kingdom and Ireland; 

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9. 

Taking into account the Protocol on the position of Denmark annexed to the Treaty 
on  European  Union  and  the  Treaty  establishing  the  European  Community  and 
confirming  that  the  provisions  of  this  agreement  do  not  apply  to  the  Kingdom  of 
Denmark; 

HAVE AGREED AS FOLLOWS: 

1. 

2. 

1. 

2. 

Article 1 - Purpose and scope of application 

The purpose of this Agreement is to facilitate the issuance of visas for an intended 
stay of no more than 90 days per period of 180 days to the citizens of Ukraine. 

If  Ukraine  would  reintroduce  the  visa  requirement  for  EU  citizens  or  certain 
categories of EU citizens, the same facilitations granted under this agreement to the 
Ukrainian  citizens  would  automatically,  on  the  basis  of  reciprocity,  apply  to  EU 
citizens concerned. 

Article 2 - General clause 

The visa facilitations provided in this Agreement shall apply to citizens of Ukraine 
only  insofar  as  they  are  not  exempted  from  the  visa  requirement  by  the  laws  and 
regulations of the Community or the Member States, the present agreement or other 
international agreements. 

The national law of Ukraine, or of the Member States or Community law shall apply 
to  issues  not  covered  by  the  provisions  of  this  Agreement,  such  as  the  refusal  to 
issue  a  visa,  recognition  of  travel  documents,  proof  of  sufficient  means  of 
subsistence and the refusal of entry and expulsion measures. 

For the purpose of this Agreement: 

Article 3 - Definitions 

"Member  State"  shall  mean  any  Member  State  of  the  European  Union,  with  the 

a) 
exception of the Kingdom of Denmark, the Republic of Ireland and the United Kingdom; 

“Citizen of the European Union” shall mean a national of a Member State as defined 

b) 
in point (a); 

c) 

“Citizen of Ukraine” shall mean any person who holds the citizenship of Ukraine. 

“Visa” shall mean an authorization issued by a Member State or a decision taken by 

d) 
such State which is required with a view to: 

–  entry for an intended stay in that Member State or in several Member States of no more 

than 90 days in total, 

–  entry for transit through the territory of that Member State or several Member States. 

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“legally  residing  person”  shall  mean  a  citizen  of  Ukraine  authorized  or  entitled  to 
e) 
stay for more than 90 days in the territory of a Member State, on the basis of Community or 
national legislation. 

Article 4 - Supporting documents regarding the purpose of the journey 

For  the  following  categories  of  citizens  of  Ukraine,  the  following  documents  are 

1. 
sufficient for justifying the purpose of the journey to the other Party: 

a) 
for members of official delegations who, following an official invitation addressed to 
Ukraine, shall participate in meetings, consultations, negotiations or exchange  programmes, 
as well as in events held in the territory of one of the Member States by intergovernmental 
organisations: 

–  a letter issued by an Ukrainian authority confirming that the applicant is a member of its 
delegation  travelling  to  the  other  Party  to  participate  at  the  aforementioned  events, 
accompanied by a copy of the official invitation; 

b) 

for business people and representatives of business organisations: 

–  a  written  request  from  a  host  legal  person  or  company,  or  an  office  or  a  branch  of  such 
legal  person  or  company,  state  and  local  authorities  of  the  Member  States  or  organizing 
committees  of  trade  and  industrial  exhibitions,  conferences  and  symposia  held  in  the 
territories of the Member States; 

for drivers conducting international cargo and passenger transportation services to the 

c) 
territories of the Member States in vehicles registered in Ukraine:  

–  a  written  request  from  the  national  association  of  carriers  of  Ukraine  providing  for 
international road transportation, stating the purpose, duration and frequency of the trips; 

for  members  of  train,  refrigerator  and  locomotive  crews  in  international  trains, 

d) 
travelling to the territories of the Member States:  

–  a  written  request  from  the  competent  railway  company  of  Ukraine  stating  the  purpose, 

duration and frequency of the trips; 

e) 

for journalists: 

–  a  certificate  or  other  document  issued  by  a  professional  organisation  proving  that  the 
person  concerned  is  a  qualified  journalist  and  a  document  issued  by  his/her  employer 
stating that the purpose of the journey is to carry out journalistic work;  

for  persons  participating  in  scientific,  cultural  and  artistic  activities,  including 

f) 
university and other exchange programmes: 

– 

a written request from the host organisation to participate in those activities; 

g) 
for pupils, students, post-graduate students and accompanying teachers who undertake 
trips  for  the  purposes  of  study  or  educational  training,  including  in  the  framework  of 
exchange programmes as well as other school related activities: 

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–  a written request or a certificate of enrolment from the host university, college or school or 

student cards or certificates of the courses to be attended. 

for  participants  in  international  sports  events  and  persons  accompanying  them  in  a 

h) 
professional capacity: 

–  a  written  request  from  the  host  organisation:  competent  authorities,  national  sport 

Federations and National Olympic Committees of the Member States; 

i) 

for participants in official exchange programmes organised by twin cities: 

–  a written request of the Head of Administration/Mayor of these cities. 

j) 
for  close  relatives  -spouse,  children  (including  adopted),  parents  (including 
custodians), grandparents  and grandchildren- visiting citizens of Ukraine legally residing in 
the territory of the Member States: 

–  a written request from the host person. 

k) 

relatives visiting for burial ceremonies: 

–  an official document confirming the fact of death as well as confirmation of the family or 

other relationship between the applicant and the buried. 

l) 

for visiting military and civil burial grounds:  

–  an  official  document  confirming  the  existence  and  preservation  of  the  grave  as  well  as 

family or other relationship between the applicant and the buried. 

m) 

for visiting for medical reasons: 

–  an official document of the medical institution confirming necessity of medical care in this 

institution and proof of sufficient financial means to pay the medical treatment. 

The  written  request  mentioned  in  paragraph  1  of  this  Article  shall  contain  the 

2. 
following items:  

a) 
for  the  invited  person:  name  and  surname,  date  of  birth,  sex,  citizenship,  number  of 
the identity document, time and purpose of the journey, number of entries and name of minor 
children accompanying the invited person; 

b) 

c) 

for the inviting person: name and surname and address or 

for the inviting legal person, company or organisation: full name and address and 

–  if the request is issued by an organisation, the name and position of the person who signs 

the request; 

–  if the inviting person is a legal person or company or an office or a branch of such legal 
person or company established in the territory of a Member State, the registration number 
as required by the national law of the Member State concerned; 

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For the categories of persons mentioned in paragraph 1 of this article, all categories of 
3. 
visas  are  issued  according  to  the  simplified  procedure  without  requiring  any  other 
justification, invitation or validation concerning the purpose of the journey, provided for by 
the legislation of the Member States. 

Article 5 - Issuance of multiple-entry visas 

Diplomatic  missions  and  consular  posts  of  the  Member  States  shall  issue  multiple-
1. 
entry visas with the term of validity of up to five years to the following categories of persons:  

a) 
members  of  national  and  regional  Governments  and  Parliaments,  Constitutional 
Courts and Supreme Courts if they are not exempted from the visa requirement by the present 
Agreement,  in  the  exercise  of  their  duties,  with  a  term  of  validity  limited  to  their  term  of 
office if this is less than 5 years; 

permanent  members  of  official  delegations  who,  following  official  invitations 
b) 
addressed  to  Ukraine,  shall  regularly  participate  in  meetings,  consultations,  negotiations  or 
exchange  programmes,  as  well  as  in  events  held  in  the  territory  of  the  Member  States  by 
intergovernmental organisations; 

c) 
spouses  and  children  (including  adopted),  who  are  under  the  age  of  21  or  are 
dependant, and parents (including custodians) visiting citizens of Ukraine legally residing in 
the  territory  of  the  Member  States  with  the  term  of  validity  limited  to  the  duration  of  the 
validity of their authorisation for legal residence. 

business people and representatives of business organisations who regularly travel to 

d) 
the Member States; 

e) 

journalists. 

Diplomatic  missions  and  consular  posts  of  the  Member  States  shall  issue  multiple-
2. 
entry visas with the term of validity of up to one year to the following categories of persons, 
provided that during the previous year they have obtained at least one visa, have made use of 
it in accordance with the laws on entry and stay of the visited State and that there are reasons 
for requesting a multiple-entry visa: 

drivers  conducting  international  cargo  and  passenger  transportation  services  to  the 

a) 
territories of the Member States in vehicles registered in Ukraine; 

members of train, refrigerator and locomotive crews in international trains, traveling 

b) 
to the territories of the Member States; 

persons participating in scientific, cultural and artistic activities, including university 

c) 
and other exchange programmes, who regularly travel to the Member States; 

participants  in  international  sports  events  and  persons  accompanying  them  in  a 

d) 
professional capacity; 

e) 

participants in official exchange programmes organized by twin cities. 

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Diplomatic  missions  and  consular  posts  of  the  Member  States  shall  issue  multiple-
3. 
entry visas with the term of validity of a minimum of 2 years and a maximum of 5 years to 
the categories of persons referred to in paragraph 2 of this Article, provided that during the 
previous  two  years  they  have  made  use  of  the  one  year  multiple-entry  visas  in  accordance 
with  the  laws  on  entry  and  stay  of  the  visited  State  and  that  the  reasons  for  requesting  a 
multiple-entry visa are still valid.  

The total period of stay of persons referred to in paragraphs 1 to 3 of this Article shall 

4. 
not exceed 90 days per period of 180 days in the territory of the Member States. 

Article 6 - Fees for processing visa applications 

1. 

The fee for processing visa applications of Ukrainian citizens shall amount to 35€.  

The aforementioned amount may be reviewed in accordance with the procedure provided for 
in Article 14(4). 

2. 
If Ukraine would reintroduce the visa requirement for EU citizens, the visa fee to be 
charged by Ukraine shall not be higher than 35€ or the amount agreed if the fee is reviewed 
in accordance with the procedure provided for in Article 14(4). 

3. 
The Member States shall charge a fee of 70 € for processing visas in cases where the 
visa  application  and  the  supporting  documents  have  been  submitted  by  the  visa  applicant 
within  three  days  before  his/her  envisaged  date  of  departure.  This  will  not  apply  to  cases 
pursuant  to  Article  6(4)(b),(c),(e),(f),(j),(k)  and  Article  7(3).  For  categories  mentioned  in 
Article 6(4)(a),(d),(g),(h),(i),(l) to (n), the fee in urgent cases is the same as provided for in 
Article 6(1). 

Fees  for  processing  the  visa  application  are  waived  for  the  following  categories  of 

4. 
persons: 

a) 
for  close  relatives  -  spouses,  children  (including  adopted)  parents  (including 
custodians),  grandparents  and  grandchildren-of  citizens  of  Ukraine  legally  residing  in  the 
territory of the Member States; 

b) 
for members of official delegations who, following an official invitation addressed to 
Ukraine, shall participate in meetings, consultations, negotiations or exchange  programmes, 
as well as in events held in the territory of one of the Member States by intergovernmental 
organisations; 

c) 
members  of  national  and  regional  Governments  and  Parliaments,  Constitutional 
Courts and Supreme Courts, in case they are not exempted from the visa requirement by the 
present Agreement;  

pupils,  students,  post-graduate  students  and  accompanying  teachers  who  undertake 

d) 
trips for the purpose of study or educational training; 

e) 

disabled persons and the person accompanying them, if necessary; 

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persons  who  have  presented  documents  proving  the  necessity  of  their  travel  on 
f) 
humanitarian  grounds,  including  to  receive  urgent  medical  treatment  and  the  person 
accompanying such person, or to attend a funeral of a close relative, or to visit a close relative 
seriously ill; 

g) 

participants in international sports events and persons accompanying them. 

persons  participating  in  scientific,  cultural  and  artistic  activities  including  university 

h) 
and other exchange programmes; 

i) 

j) 

participants in official exchange programmes organised by twin cities; 

journalists; 

k) 

pensioners; 

drivers  conducting  international  cargo  and  passenger  transportation  services  to  the 

l) 
territories of the Member States in vehicles registered in Ukraine; 

members of train, refrigerator and locomotive crews in international trains, travelling 

m) 
to the territories of the Member States; 

n) 

children under the age of 18 and dependant children under the age of 21. 

Article 7 - Length of procedures for processing visa applications 

1. 
Diplomatic missions and consular posts of the Member States shall take a decision on 
the request to issue a visa within 10 calendar days of the date of the receipt of the application 
and documents required for issuing the visa. 

The period of time for taking a decision on a visa application may be extended up to 
2. 
30  calendar  days  in  individual  cases,  notably  when  further  scrutiny  of  the  application  is 
needed. 

The  period  of  time  for  taking  a  decision  on  a  visa  application  may  be  reduced  to  2 

3. 
working days or less in urgent cases. 

Article 8 - Departure in case of lost or stolen documents 

Citizens  of  the  European  Union  and  of  Ukraine  who  have  lost  their  identity  documents,  or 
from whom these documents have been stolen while staying in the territory of Ukraine or the 
Member States, may leave that territory on the grounds of valid identity documents entitling 
to cross the border issued by diplomatic missions or consular posts of the Member States or 
of the Ukraine without any visa or other authorisation.  

Article 9 - Extension of visa in exceptional circumstances 

The citizens of Ukraine who do not have the possibility to leave the territory of the Member 
States  by  the  time  stated  in  their  visas  for  reasons  of  force  majeure  shall  have  the  term  of 
their visas extended free of charge in accordance with the legislation applied by the receiving 
State for the period required for their return to the State of their residence. 

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Article 10 - Diplomatic passports 

Citizens of Ukraine, holders of valid diplomatic passports can enter, leave and transit 

1. 
through the territories of the Member States without visas.  

Persons  mentioned  in  paragraph  1  of  this  Article  may  stay  in  the  territories  of  the 

2. 
Member States for a period not exceeding 90 days per period of 180 days. 

Article 11 - Territorial validity of visas 

Subject  to  the  national  rules  and  regulations  concerning  national  security  of  the  Member 
States and subject to EU rules on visas with limited territorial validity, the citizens of Ukraine 
shall  be  entitled  to  travel  within  the  territory  of  the  Member  States  on  equal  basis  with 
European Union citizens. 

Article 12 - Joint Committee for management of the Agreement 

1. 
The Parties shall set up a Joint Committee of experts (hereinafter referred to as “the 
Committee”), composed by representatives of the European Community and of Ukraine. The 
Community shall be represented by the Commission of the European Communities, assisted 
by experts from the Member States. 

2. 

The Committee shall, in particular, have the following tasks: 

(a)  monitoring the implementation of the present Agreement; 

(b) 

suggesting amendments or additions to the present Agreement; 

(c) 

settling  disputes  arising  out  of  the  interpretation  or  application  of  the 
provisions in this Agreement. 

The Committee shall meet whenever necessary at the request of one of the Parties and 

3. 
at least once a year. 

4. 

The Committee shall establish its rules of procedure.  

Article 13 - Relation of this Agreement with bilateral Agreements between Member 
States and Ukraine 

As  from  its  entry  into  force,  this  Agreement  shall  take  precedence  over  provisions  of  any 
bilateral  or  multilateral  agreements  or  arrangements  concluded  between  individual  Member 
States and Ukraine, insofar as the provisions of the latter agreements or arrangements cover 
issues dealt with by the present Agreement. 

Article 14 - Final clauses 

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

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By way of derogation to paragraph 1 of this Article, the present agreement shall only 
2. 
enter  into  force  at  the  date  of  the  entry  into  force  of  the  Agreement  between  the  European 
Community and Ukraine on readmission of persons if this date is after the date provided for 
in paragraph 1 of this Article. 

This  Agreement  is  concluded  for  an  indefinite  period  of  time,  unless  terminated  in 

3. 
accordance with paragraph 6 of this Article. 

4. 
This Agreement may be amended by written agreement of the Parties. Amendments 
shall  enter  into  force  after  the  Parties  have  notified  each  other  of  the  completion  of  their 
internal procedures necessary for this purpose. 

5 
Each  Party  may  suspend  in  whole  or  in  part  this  Agreement  for  reasons  of  public 
order,  protection  of  national  security  or  protection  of  public  health.  The  decision  on 
suspension  shall  be  notified  to  the  other  Party  not  later  than  48  hours  before  its  entry  into 
force.  The  Party  that  has  suspended  the  application  of  this  Agreement  shall  immediately 
inform the other Party once the reasons for the suspension no longer apply. 

Each Party may terminate this Agreement by giving written notice to the other Party. 

6. 
This Agreement shall cease to be in force 90 days after the date of such notification. 

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

For the European Community 

For Ukraine 

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PROTOCOL TO THE AGREEMENT ON THE MEMBER STATES THAT DO NOT 
FULLY APPLY THE SCHENGEN ACQUIS 

Those  Member  States  which  are  bound  by  the  Schengen acquis  but  which  do  not  issue  yet 
Schengen  visas,  while  awaiting  the  relevant  decision  of  the  Council  to that  end,  shall  issue 
national visas the validity of which is limited to their own territory. 

These  Member  States  may  unilaterally  recognize  Schengen  visas  and  residence  permits  for 
the  purpose  of  transit  through  their  territory,  in  accordance  with  Council  Decision  N° 
895/2006/EC of 14 June 2006. 

DECLARATION THE EUROPEAN COMMUNITY ON ISSUANCE OF SHORT-
STAY VISAS FOR VISITS OF MILITARY AND CIVIL BURIALS GROUNDS 

Diplomatic missions and consular posts of the Member States, shall as a general rule, issue 
short-stay  visas  for  a  period  of  up  to  14  days  for  persons  visiting  military  and  civil  burial 
grounds. 

JOINT DECLARATION CONCERNING DENMARK 

The Parties take note that the present Agreement does not apply to the procedures for issuing 
visas by the diplomatic missions and consular posts of the Kingdom of Denmark.  

In  such  circumstances,  it  is  desirable  that  the  authorities  of  Denmark  and  of  Ukraine 
conclude, without delay, a bilateral agreement on the facilitation of the issuance of visas in 
similar terms as the Agreement between the European Community and Ukraine. 

JOINT DECLARATION CONCERNING THE UNITED KINGDOM AND IRELAND 

The Parties take note that the present Agreement does not apply to the territory of the United 
Kingdom and Ireland.  

In such circumstances, it is desirable that the authorities of the United Kingdom, Ireland and 
Ukraine, conclude bilateral agreements on the facilitation of the issuance of visas. 

JOINT DECLARATION CONCERNING ICELAND AND NORWAY 

The Parties take note of the close relationship between the European Community and Norway 
and  Iceland,  particularly  by  virtue  of  the  Agreement  of  18  May  1999  concerning  the 
association  of  these  countries  with  the  implementation,  application  and  development  of  the 
Schengen acquis.  

In  such  circumstances,  it  is  desirable  that  the  authorities  of  Norway,  Iceland  and  Ukraine 
conclude,  without  delay,  bilateral  agreements  on  the  facilitation  of  the  issuance  of  visas  in 
similar terms as the Agreement between the European Community and Ukraine. 

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COMMISSION  DECLARATION  ON  THE  MOTIVATION  OF  THE  DECISION  TO 
REFUSE A VISA 

Recognizing  the  importance  of  transparency  for  visa  applicants,  the  European  Commission 
recalls  that  the  legislative  proposal  on  the  recast  of  the  Common  Consular  Instructions  on 
visas for the diplomatic missions and consular posts has been adopted on 19 July 2006 and 
addresses the issue of the motivation of visa refusals and appeal possibilities. 

EUROPEAN COMMUNITY DECLARATION ON ACCESS OF VISA APPLICANTS 
AND HARMONISATION OF INFORMATION ON PROCEDURES FOR ISSUING 
SHORT-STAY VISAS AND DOCUMENTS TO BE SUBMITTED WHEN APPLYING 
FOR SHORT-STAY VISAS 

Recognising  the  importance  of  transparency  for  visa  applicants,  the  European  Community 
recalls  that  the  legislative  proposal  on  the  recast  of  the  Common  Consular  Instructions  on 
visas for the diplomatic missions and consular posts has been adopted on 19 July 2006 by the 
European Commission and addresses the issue of conditions of  access  of visa  applicants to 
diplomatic missions and consular posts of the Member States. 

Regarding  the  information  to  be  provided  to  visa  applicants  the  European  Community 
considers that appropriate measures should be taken: 

–  In general, to draw up basic information for applicants on the procedures and conditions 

for applying for visas and on their validity. 

–  The European Community will draw up a list of minimum requirements in order to ensure 
that  Ukrainian  applicants  are  given  coherent  and  uniform  basic  information  and  are 
required to submit, in principle, the same supporting documents.  

The  information  mentioned  above  is  to  be  disseminated  widely  (on  the  notice  boards  of 
consulates, in leaflets, on websites etc.). 

The diplomatic missions and consular posts of the Member States shall provide information 
about existing possibilities under the Schengen acquis for facilitation of the issuing of short-
stay visas on a case by case basis. 

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DRAFT POLITICAL DECLARATION 

ON LOCAL BORDER TRAFFIC 

DECLARATION FROM POLAND, HUNGARY, SLOVAK REPUBLIC AND 
ROMANIA 

The Republic of Hungary, the Republic of Poland, the Slovak Republic, as well as Romania 
as  from  the  date  of  joining  the  EU,  declare  their  willingness  to  enter  into  negotiations  of 
bilateral  agreements  with  Ukraine  for  the  purpose  of  implementing  the  local  border  traffic 
regime  established  by  the  EC  Regulation  adopted  on  5  October  2006  laying  down  rules  on 
local  border  traffic  at  the  external  land  borders  of  the  Member  States  and  amending  the 
Schengen Convention. 

EN 

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