Agreement between the European Community and Ukraine on the facilitation of the issuance of visas - Protocol - Declaration - Joint Declarations
Date: 2007-06-18
Institutions: European Community, Ukraine
Subjects: EU visa policy, Ukraine, administrative formalities, agreement (EU), external border of the EU, foreign national

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between the European Community and Ukraine on the facilitation of the issuance of visas

AGREEMENT

THE EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’, and

UKRAINE,

hereinafter referred to as ‘the Parties’,

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 1 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,
the need for progress on the ongoing negotiations for an EC-Ukraine readmission
agreement,

taking account of

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,

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:

Article 1

Purpose and scope of application

1.
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.

Article 2

General clause

1.
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.

2.
If Ukraine would reintroduce the visa requirement for EU
citizens or certain categories of EU citizens, the same facili-
tations granted under this agreement to the Ukrainian citizens
would automatically, on the basis of reciprocity, apply to EU
citizens concerned.

The national law of Ukraine, or of the Member States or
2.
Community law shall apply to issues not covered by the
provisions of this Agreement, such as the refusal to issue a
visa,
sufficient
means of subsistence and the refusal of entry and expulsion
measures.

travel documents, proof of

recognition of

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Article 3

Definitions

For the purpose of this Agreement:

(a)

‘Member State’
the
European Union, with the exception of the Kingdom of
Denmark, the Republic of Ireland and the United Kingdom;

shall mean any Member State of

(b)

for business people and representatives of business organi-
sations:

— 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 organising committees of trade and industrial
exhibitions, conferences and symposia held in the terri-
tories of the Member States;

(b) ‘citizen of the European Union’ shall mean a national of a

Member State as defined in point (a);

(c)

for drivers conducting international cargo and passenger
the Member
transportation services to the territories of
States in vehicles registered in Ukraine:

(c)

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

(d) ‘visa’ shall mean an authorisation issued by a Member State
or a decision taken by such State which is required with a
view to:

(d)

— entry for an intended stay in that Member State or in
several Member States of no more than 90 days in total,

— 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
the
Member States:

travelling to the territories of

trains,

— entry for transit through the territory of that Member

State or several Member States;

(e)

‘legally residing person’ shall mean a citizen of Ukraine
authorised or entitled to stay for more than 90 days in
the
a Member State, on the basis of
Community or national legislation.

territory of

Article 4

Supporting documents

regarding the purpose of
journey

the

1.
For the following categories of citizens of Ukraine, the
following documents are sufficient for justifying the purpose
of the journey to the other Party:

(f)

— 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,
exchange
programmes:

university

including

other

and

(a)

following an
for members of official delegations who,
invitation addressed to Ukraine, shall participate
official
in meetings,
exchange
programmes, as well as in events held in the territory of
one of the Member States by intergovernmental organi-
sations:

consultations, negotiations or

the applicant

— a letter issued by an Ukrainian authority confirming
that
its delegation
travelling to the other Party to participate at the afore-
mentioned events, accompanied by a copy of
the
official invitation;

is a member of

— a written request from the host organisation to parti-

cipate in those activities;

(g)

for pupils, students, post-graduate students and accom-
panying 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:

— 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;

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(h)

for participants in international sports events and persons
accompanying them in a professional capacity:

(b) for the inviting person: name and surname and address; or

— a written request from the host organisation: competent
authorities, national sport Federations and National
Olympic Committees of the Member States;

(c)

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

(i)

(j)

for participants in official exchange programmes organised
by twin cities: a written request of the Head of Adminis-
tration/Mayor of these cities;

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

— 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 regis-
tration number as required by the national law of the
Member State concerned.

— a written request from the host person;

(k)

relatives visiting for burial ceremonies:

For the categories of persons mentioned in paragraph 1 of
3.
this article, all categories of 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.

— 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

institution
confirming necessity of medical care in this institution
and proof of sufficient
financial means to pay the
medical treatment.

the medical

Article 5

Issuance of multiple-entry visas

1.
Diplomatic missions and consular posts of the Member
States shall issue multiple-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;

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

in meetings,

The written request mentioned in paragraph 1 of this

2.
Article shall contain the 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;

(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 Member States with the term of
the territory of
validity limited to the duration of
their
authorisation for legal residence.

the validity of

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(d) business people and representatives of business organi-

sations who regularly travel to the Member States;

Article 6

Fees for processing visa applications

(e)

journalists.

1.
The fee for processing visa applications of Ukrainian
citizens shall amount to EUR 35. The aforementioned amount
may be reviewed in accordance with the procedure provided for
in Article 14(4).

2.
Diplomatic missions and consular posts of the Member
States shall issue multiple-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:

(a) drivers conducting international cargo and passenger trans-
portation services to the territories of the Member States in
vehicles registered in Ukraine;

(b) members of
international
Member States;

train, refrigerator and locomotive crews in
the
trains,

travelling to the territories of

(c) persons participating in scientific, cultural and artistic
activities,
exchange
university
programmes, who regularly travel to the Member States;

including

other

and

(d) participants

in international

sports events and persons

accompanying them in a professional capacity;

(e) participants in official exchange programmes organised by

twin cities.

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

the amount agreed if

than EUR 35 or

The Member States shall charge a fee of EUR 70 for
3.
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
(k) and Article 7(3). For categories
6(4)(b),
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).

(e),

(c),

(f),

(j),

Fees for processing the visa application are waived for the

4.
following categories of persons:

(a)

(b)

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

following an
for members of official delegations who,
invitation addressed to Ukraine, shall participate
official
in meetings,
exchange
programmes, as well as in events held in the territory of
one of the Member States by intergovernmental organi-
sations;

consultations, negotiations or

3.
Diplomatic missions and consular posts of the Member
States shall issue multiple-entry visas with the term of validity
of a minimum of two years and a maximum of five 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.

(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;

(d) pupils, students, post-graduate students and accompanying
teachers who undertake trips for the purpose of study or
educational training;

4.
The total period of stay of persons referred to in para-
graphs 1 to 3 of this Article shall not exceed 90 days per period
of 180 days in the territory of the Member States.

(e) disabled persons and the person accompanying them,

if

necessary;

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(f) persons who have presented documents proving the
travel on humanitarian grounds,
necessity of
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;

their

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

(g) participants in international sports events and persons

accompanying them;

3.
The period of time for taking a decision on a visa appli-
cation may be reduced to two working days or less in urgent
cases.

(h) persons participating in scientific, cultural and artistic
exchange
university

including

other

and

activities
programmes;

(i)

participants in official exchange programmes organised by
twin cities;

(j)

journalists;

(k) pensioners;

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
the Member
by diplomatic missions or consular posts of
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.

(l)

drivers conducting international cargo and passenger trans-
portation services to the territories of the Member States in
vehicles registered in Ukraine;

Article 10

Diplomatic passports

(m) members of train, refrigerator and locomotive crews in
the

travelling to the territories of

trains,

international
Member States;

Citizens of Ukraine, holders of valid diplomatic passports
the

through the territories of

1.
can enter,
leave and transit
Member States without visas.

(n) children under the age of 18 and dependant children under

the age of 21.

Persons mentioned in paragraph 1 of this Article may stay
the Member States for a period not

2.
in the territories of
exceeding 90 days per period of 180 days.

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.

Article 11

Territorial validity of visas

to the national

rules and regulations concerning
Subject
national security of
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.

the Member States and subject

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Article 12

Joint Committee for management of the Agreement

1.
The Parties shall set up a joint committee of experts (here-
inafter referred to as ‘the Committee’), composed by represen-
tatives 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.

The Committee shall,

in particular, have the following

2.
tasks:

(a) monitoring the implementation of the present Agreement;

(b) suggesting
Agreement;

amendments or

additions

to the present

(c) settling disputes arising out of the interpretation or appli-

cation of the provisions in this Agreement.

The Committee shall meet whenever necessary at

3.
request of one of the Parties and at least once a year.

the

4.

The Committee shall establish its rules of procedure.

Article 13

Relation of

this Agreement with bilateral Agreements

between Member States and Ukraine

this Agreement

from its entry into force,

take
As
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.

shall

Article 14

Final clauses

This Agreement shall be ratified or approved by the
1.
respective procedures and
Parties in accordance with their
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.

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

This Agreement is concluded for an indefinite period of
3.
time, unless terminated in accordance with paragraph 6 of this
Article.

This Agreement may be amended by written agreement of
4.
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.

in part

Each Party may suspend in whole or

5.
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.

6.
Each Party may terminate this Agreement by giving
written notice to the other Party. This Agreement shall cease
to be in force 90 days after the date of such notification.

Done at Luxembourg on the eighteenth day of June in the year
in duplicate each in the Bulgarian,
two thousand and seven,
Czech, Danish, Dutch, English, Estonian, Finnish, French,
German, Greek, Hungarian,
Lithuanian,
Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian,
Spanish, Swedish and Ukrainian languages, each of these texts
being equally authentic.

Latvian,

Italian,

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За Европейската общност
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
3a Євролейське Спiвтовaриство

За Укрaйнa
Por Ucrania
Za Ukrajinu
For Ukraine
Für die Ukraine
Ukraina nimel
Για την Ουκρανία
For Ukraine
Pour l'Ukraine
Per l'Ucraina
Ukrainas vārdā
Ukrainos vardu
Ukrajna részéről
Għall-Ukrajna
Voor Oekraïne
W imieniu Ukrainy
Pela Ucrânia
Pentru Ucraina
Za Ukrajinu
Za Ukrajino
Ukrainan puolesta
På Ukrainas vägnar
3а Уκраїну

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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 recognise Schengen visas and residence permits for the purpose of
transit through their territory, in accordance with Council Decision No 895/2006/EC.

EUROPEAN COMMUNITY DECLARATION ON ISSUANCE OF SHORT-STAY VISAS FOR VISITS
OF MILITARY AND CIVIL BURIAL 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,
conclude bilateral agreements on the facilitation of the issuance of visas.

it is desirable that the authorities of the United Kingdom, Ireland and Ukraine,

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

Recognising 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.

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.