Proposal for a Council Decision on the conclusion of the Agreement between the European Community and the former Yugoslav Republic of Macedonia on the facilitation of issuance of short-stay visas
Date: 2007-07-18
Institutions: European Commission
Subjects: EU visa policy, Macedonia, agreement (EU), signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.7.2007 
COM(2007) 421 final 

2007/0159 (CNS) 

Proposal for a  

COUNCIL DECISION 

on the signature of the Agreement between the European Community and the former 
Yugoslav Republic of Macedonia 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 the former 
Yugoslav Republic of Macedonia on the facilitation of issuance of short-stay visas 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

POLITICAL AND LEGAL BACKGROUND 

The importance of a dialogue on visa issues, for the former Yugoslav Republic of Macedonia 
as well as for all the other Western Balkan countries, was reaffirmed in the conclusions of the 
EU-Western Balkans Summit held in Thessaloniki on 21 June 2003, which confirmed also the 
European  perspective  of  the  countries  of  the  Western  Balkans.  As  concerns  the  visa  issues, 
the  “Thessaloniki  agenda”  confirmed  that  the  perspective  of  visa  liberalisation  for  the 
Western  Balkan  countries  is  a  long-term  goal  linked  to  the  progress  of  the  countries 
concerned  in  implementing  major  reforms  in  areas  such  as  the  strengthening  of  the  rule  of 
law,  combating  organised  crime,  corruption  and  illegal  migration  and  the  strengthening  of 
their administrative capacity in border control and security of documents.  

Given the status of candidate country granted by the European Council decision of December 
2005, the authorities of the former Yugoslav Republic of Macedonia focused their interest on 
the possibility of obtaining facilitation of short-stay visa issuing procedures for its citizens as 
an  immediate,  transitional  step  towards  the  lifting  of  the  visa  obligation  which  remains  a 
medium-term perspective.  

For the European Community, visa facilitation agreements represent a new instrument in the 
framework  of  the  European  short-stay  visa  policy:  in  the  Hague  Programme,  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”. The EU developed and used this instrument for the first time in its 
relations with the Russian Federation and with Ukraine.  

In December 2005, at the level of Coreper, Member States agreed on a common approach for 
the development of the EU policy on visa facilitation and identified key elements to be taken 
into account when deciding to open negotiations on visa facilitations with third countries.  

Following the authorization given by the Council to the Commission on 13 November 2006, 
negotiations  with  the  former  Yugoslav  Republic  of  Macedonia  on  the  facilitation  of  the 
issuance  of  short-stay  visas  were  opened  in  Brussels  on  30  November  2006,  back-to-back 
with  the  continuation  of  negotiations  on  a  readmission  agreement.  Two  further  rounds  of 
negotiations  were  held  on  26  January  2007  and  on  12  April  2007  in  Brussels,  in  parallel 
("back-to-back")  with  negotiations  on  an  EC-the  former  Yugoslav  Republic  of  Macedonia 
readmission  agreement.  Moreover,  formal  negotiations  were  occasionally  prepared  by 
informal expert meetings. 

At  the  last  formal  round  on  12  April  2007,  the  final  texts  of  the  visa  facilitation  and 
readmission agreements were initialled at technical level. 

The European Commission has already negotiated a visa facilitation agreement with two third 
countries  (the  Russian  Federation  and  Ukraine).  The  experience  acquired  in  previous 
negotiations  has  been  useful  for  the  negotiations  with  the  former  Yugoslav  Republic  of 
Macedonia. 

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

On  the  part  of  the  Community,  the  legal  basis  for  the  Agreement  is  Article  62(2)(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 Article 
300(3) TEC. 

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  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. 

European  citizens  are  exempt  from  the  visa  obligation  by  the  former  Yugoslav  Republic  of 
Macedonia. In this respect, the draft agreement on visa facilitation states in Article 1(2) that if 
the former Yugoslav Republic of Macedonia would reintroduce the visa requirement for EU 
citizens,  the  same  facilitations  granted  under  the  agreement  to  the  citizens  of  the  former 
Yugoslav  Republic  of  Macedonia  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,  which  has  also  taken  into  account  the  status  of  candidate  country 
granted to the former Yugoslav Republic of Macedonia, 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  citizens  of  the  former  Yugoslav  Republic  of 
Macedonia  shall  amount  to  €35.  This  fee  will  be  applied  to  all  visa  applicants  from  the 
former  Yugoslav  Republic  of  Macedonia  and  concerns  both  single  and  multiple-entry 
visas. Moreover, certain categories of persons benefit from a full waiving of the visa fee: 
close relatives, officials participating in government activities, students, disabled persons, 
journalists,  representatives  of  the  religious  communities,  representatives  of  civil  society, 
members of the professions, members of train crews, pensioners, children under the age of 
6,  drivers  conducting 
transportation  services, 
international  cargo  and  passenger 
in  cultural,  educational  exchange 
humanitarian  cases  and  persons  participating 
programmes and sport or cultural 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,  representatives  of  the  religious  communities, 
representatives  of  civil  society,  members  of  the  professions,  drivers  conducting 
international  cargo  and  passenger  transportation  services,  persons  visiting  for  medical 
reasons and tourists in organized trips. 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  Government,  Parliament,  Constitutional  Court,  Supreme 
Court,  Judiciary  Council  and  Public  Prosecutors  Council,  permanent  members  of 
official delegations and spouses and children visiting citizens of the former Yugoslav 
Republic  of  Macedonia  legally  residing  in  the  Member  States,  journalists,  business 
people and representatives of the religious communities: 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, 
students,  representatives  of  civil  society,  members  of  the  professions,  professional 
drivers  and  train  crews,  persons  visiting  for  medical  reasons,  and  other  persons 
provided that during the previous year they have made good use of the multiple-entry 
visa and the reasons for requesting a multiple-entry visa are still valid: visas valid for 
a minimum of 2 years and a maximum of 5 years are issued; 

–  citizens  of  the  former  Yugoslav  Republic  of  Macedonia  who  are  holders  of  valid 

diplomatic passports are exempted from the visa requirement for short-stays; 

–  for  citizens  of  the  former  Yugoslav  Republic  of  Macedonia  who  are  holders  of  valid 
service passports the bilateral Agreements signed before 1 January 2007 continue to apply 
for a period of 5 years. A Declaration attached to the Agreement provides the assessment 
of  the  service  passports  system  at  the  latest  2  years  after  the  entry  into  force  of  the 
Agreement; 

–  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 
citizens of the former Yugoslav Republic of Macedonia for the purpose of transit through 
in  accordance  with  European  Parliament  and  Council  Decision 
their 
N°895/2006/EC  of  14  June  20061.  A  reference  to  the  future  amendment  of  the  Decision 
N°895/2006/EC for covering Bulgaria and Romania is added; 

territory 

–  a  joint  Declaration  is  attached  to  the  Agreement  on  the  perspective  on  mutual  visa  free 

travel regime; 

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OJ L167, 20.6.2006, p.1. 

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–  a joint Declaration is attached to the Agreement on the fees for processing visa applications 
announcing the assessment of this issue after the adoption by the EP and the Council of the 
Community Code on visas; 

–  a  European  Community  Declaration  is  attached  to  the  Agreement  on  access  of  visa 
applicants  to  information  and  harmonisation  of  information  procedures  for  issuance  of 
short-stay visas; 

–  replying  to  the  specific  requests  formulated  by  the  former  Yugoslav  Republic  of 
Macedonia,  European  Community  Declarations  are  attached  to  the  Agreement  on 
facilitations  for  family  members  (not  covered  by  the  legally  binding  provisions  of  the 
Agreement). 

For all issues that are not covered by the Agreement the normal Schengen rules or national 
law continue to apply, such as the refusal of the visa, recognition of travel documents, proof 
of sufficient means of subsistence, the possibility in the case of doubts to invite applicants for 
a personal interview in individual cases but also the already existing flexibilities for bona fide 
travellers. 

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.  

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  the  former  Yugoslav  Republic  of  Macedonia  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 the former 
Yugoslav Republic of Macedonia 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 Commission2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

By  its  decision  of  13  November  2006,  the  Council  authorised  the  Commission  to 
negotiate  an  agreement  between  the  European  Community  and  the  former  Yugoslav 
Republic of Macedonia regarding the facilitation of the issuance of short-stay visas. 

Negotiations on the agreement were opened on 30 November 2006 and concluded on 
12 April 2007. 

Subject to its possible conclusion at a later date, the Agreement initialled in Brussels 
on 12 April 2007, 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 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 

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  the  former  Yugoslav 

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Republic of Macedonia 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 declarations. 

Done in Brussels, the………..of…………2007. 

For the Council 
The President 
[…] 

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2007/0159 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the former 
Yugoslav Republic of Macedonia 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 Commission3, 

Having regard to the opinion of the European Parliament4 

WHEREAS:  

(1) 

(2) 

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

This  Agreement  has  been  signed,  on  behalf  of  the  European  Community,  on 
…….2007  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 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. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  between  the  European  Community  and  the  former  Yugoslav  Republic  of 
Macedonia 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(1)  of  the 
Agreement5. 

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, the………of…………2007. 

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 the former Yugoslav Republic of Macedonia  

on the facilitation of the issuance of visas 

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

and  

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA 

hereinafter referred to as the Parties; 

Having  regard  the  European  Council  decision  of  December  2005  to  grant  the  former 
Yugoslav Republic of Macedonia, candidate country status;  

Having  regard  the  Stabilisation  and  Association  Agreement  (SAA)  between  the  European 
Community  and  the  former  Yugoslav  Republic  of  Macedonia,  which  was  signed  in  April 
2001 and entered into force on 1 April 2004 and which governs currently the relations with 
the former Yugoslav Republic of Macedonia;  

Reaffirming,  the  intention  to  cooperate  closely  within  the  framework  of  the  existing  SAA 
structures for the liberalization of the visa regime between the former Yugoslav Republic of 
Macedonia and the European Union, in line with the conclusions of the EU-Western Balkans 
Summit held in Thessaloniki on 21 June 2003; 

Recognising the progress made by the former Yugoslav Republic of Macedonia in the area of 
Justice,  freedom  and  security  and,  in  particular,  on  migration,  visa  policy,  border 
management and on document security;  

Desiring, as a first concrete step towards the visa free travel regime, 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 citizens 
of the former Yugoslav Republic of Macedonia; 

Bearing in mind that, all EU citizens are exempted from the visa requirement when travelling 
to the former Yugoslav Republic of Macedonia for a period of time not exceeding 90 days or 
transiting through the territory of the former Yugoslav Republic of Macedonia; 

Recognising that if the former Yugoslav Republic of Macedonia was to reintroduce the visa 
requirement  for  EU  citizens,  the  same  facilitations  granted  under  this  agreement  to  the 
citizens of the former Yugoslav Republic of Macedonia would automatically, on the basis of 
reciprocity, apply to EU citizens; 

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

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: 

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  the  former 
Yugoslav Republic of Macedonia. 

If  the  former  Yugoslav  Republic  of  Macedonia  was  to  reintroduce  the  visa 
requirement  for  EU  citizens  or  certain  categories  of  EU  citizens,  the  same 
facilitations  granted  under  this  agreement  to  the  citizens  of  the  former  Yugoslav 
Republic of Macedonia 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 the former 
Yugoslav  Republic  of  Macedonia  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 the former Yugoslav Republic of Macedonia, 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 

a) 

"Member  State"  shall  mean  any  Member  State  of  the  European  Union,  with  the 
exception  of  the  Kingdom  of  Denmark,  the  Republic  of  Ireland  and  the  United 
Kingdom; 

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b) 

c) 

d) 

e) 

1. 

a) 

b) 

c) 

“Citizen of the European Union” shall mean a national of a Member State as defined 
in point (a); 

“Citizen  of  the  former  Yugoslav  Republic  of  Macedonia”:  shall  mean  any  person 
who possesses the citizenship of the former Yugoslav Republic of Macedonia; 

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

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

Article 4 - Documentary evidence regarding the purpose of the journey 

For  the  following  categories  of  citizens  of  the  former  Yugoslav  Republic  of 
Macedonia the following documents are sufficient for justifying the purpose of the 
journey to the other Party: 

Pupils,  high  school  and  university  students,  post-graduate  students  and 
accompanying teachers who undertake trips for the purposes of study or educational 
training,  including  in  the  framework  of  exchange  programs,  as  well  as  other 
educational or 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; 

Persons participating in scientific, research, cultural and artistic activities, including 
university and other exchange programs: 

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

Representatives  of  civil  society  organizations,  when  undertaking  trips  for  the 
purposes of educational training, seminars, conferences, including in the framework 
of exchange programmes: 

–  a written request issued by the host organisation, a confirmation that the person is 
representing the civil society organisation and the certificate on establishment of 
such  organisation  from  the  relevant  Register  issued  by  a  state  authority  in 
accordance with the national legislation; 

d) 

Journalists: 

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–  a certificate or other document issued by a professional organization 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; 

e) 

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

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

Federations or National Olympic Committees of the Member States; 

f) 

Business people and representatives of business organizations: 

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

g) 

Members  of  the  professions  participating  in  international  exhibitions,  conferences, 
symposia,  seminars  or  other  similar  events  held  in  the  territory  of  the  Member 
States: 

–  a written request from the host organisation confirming that the person concerned 

is participating in the event; 

h) 

Participants in official exchange programs organized by twin cities: 

–  a written request of the Head of Administration/mayor of these cities; 

i) 

j) 

k) 

Drivers conducting international cargo and passenger transportation services to the 
territories  of  the  Member  States  in  vehicles  registered  in  the  former  Yugoslav 
Republic of Macedonia:  

–  a written request from an association of carriers of the former Yugoslav Republic 
of Macedonia providing for international road transportation, stating the purpose, 
duration and frequency of the trips; 

Members of train, refrigerator and locomotive crews in international trains travelling 
to the territories of the Member States:  

–  written  request  from  the  competent  railway  company  of  the  former  Yugoslav 
Republic of Macedonia stating the purpose, duration and frequency of the trips; 

Close  relatives  -  spouse,  children  (including  adopted),  parents  (including 
custodians), grandparents and grandchildren visiting citizens of the former Yugoslav 
Republic of Macedonia legally residing in the territory of the Member States: 

–  a written request from the host person; 

l) 

Representatives of the religious communities:  

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–  a written request from a religious community registered in the former Yugoslav 
Republic of Macedonia, stating the purpose, duration and frequency of the trips; 

m) 

Persons visiting for medical reasons and necessary accompanying persons: 

–  an official document of a medical institution confirming the necessity of medical 
care in this institution, the necessity of being accompanied and proof of sufficient 
financial means to pay for the medical treatment; 

n) 

Persons 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; 

o) 

Members  of  official  delegations  who,  following  an  official  invitation  addressed  to 
the  former  Yugoslav  Republic  of  Macedonia  shall  participate  in  meetings, 
consultations, negotiations or exchange programmes, as well as in events held in the 
territory of the Member States by intergovernmental organizations: 

–  a  letter  issued  by  an  authority  of  the  former  Yugoslav  Republic  of  Macedonia 
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; 

p) 

Persons travelling for tourism:  

–  a  certificate  or  voucher  from  a  travel  agency  or  a  tour  operator  accredited  by 
Member States in the framework of the local consular cooperation confirming the 
booking of an organized trip;  

q) 

for visiting military and civil burial grounds:  

2. 

a) 

b) 

c) 

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

well as family or other relationship between the applicant and the buried; 

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

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

for the inviting person – name, surname and address; or 

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

–  if  the  request  is  issued  by  an  organization,  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 

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3. 

1. 

a) 

b) 

c) 

d) 

e) 

f) 

2. 

a) 

b) 

registration  number  as  required  by  the  national  law  of  the  Member  State 
concerned. 

For the categories of persons mentioned in paragraph 1 of this article, all categories 
of visa are issued according to the simplified procedure without requiring any other 
justification, invitation or validation concerning the purpose of the journey. 

Article 5 - Issuance of multiple-entry visas 

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

Members of national government, Parliament, Constitutional Court, Supreme Court, 
Judiciary Council and Public Prosecutors Council, 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  an  official  invitation 
addressed to the former Yugoslav Republic of Macedonia 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;  

Spouses  and  children  (including  adopted),  who  are  under  the  age  of  21  or  are 
dependent  and  parents  (including  custodians)  visiting  citizens  of  the  former 
Yugoslav  Republic  of  Macedonia  legally  residing  in  the  territory  of  the  Member 
States,  with  the  term  of  validity  limited  to  the  duration  of  the  validity  of  their 
authorization for legal residence;  

Business  people  and  representatives  of  business  organisations  who  regularly  travel 
to the Member States;  

Journalists; 

Representatives  of  religious  communities  registered  in  the  former  Yugoslav 
Republic of Macedonia, who regularly travel to the Member States.  

Diplomatic missions and consular posts of the Member States shall issue multiple-
entry visas with a 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: 

Students and post-graduate students who regularly undertake trips for the purposes 
of study or educational training, including in the framework of exchange programs,  

Persons  who  participate  in  scientific,  research,  cultural  and  artistic  activities, 
including  university  and  other  exchange  programs  who  regularly  travel  to  the 
Member States; 

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c) 

d) 

e) 

f) 

g) 

h) 

i) 

j) 

k) 

3. 

4. 

1. 

Participants  in  international  sports  events  and  persons  accompanying  them  in  a 
professional capacity; 

Members  of  the  professions  participating  in  international  exhibitions,  conferences, 
symposia,  seminars  or  other  similar  events  who  regularly  travel  to  the  Member 
States; 

Representatives of civil society organizations, travelling regularly to Member States 
for  the  purposes  of  educational  training,  seminars,  conferences,  including  in  the 
framework of exchange programmes; 

Participants in official exchange programs organized by twin cities. 

Mayors and members of the municipal councils; 

Drivers  conducting  international  cargo  and  passenger  transportation  services  to  the 
territories  of  the  Member  states  in  vehicles  registered  in  the  former  Yugoslav 
Republic of Macedonia; 

Members  of  train,  refrigerator  and  locomotive  crews,  in  international  trains, 
travelling to the territories of the Member States; 

Persons needing to visit regularly for medical reasons and necessary accompanying 
persons. 

Members  of  official  delegations  who,  following  an  official  invitation  addressed  to 
the former Yugoslav Republic of Macedonia, 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 organizations; 

Diplomatic missions and consular posts of the Member States shall issue multiple-
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, and to 
other persons provided that during the previous year they have made use of the one 
multiple-entry visa 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  not  exceed  90  days  per  period  of  180  days  in  the  territory  of  the  Member 
States. 

Article 6 - Fees for processing visa applications 

The fee for processing visa applications of citizens of the former Yugoslav Republic 
of Macedonia shall amount to €35.  

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

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If  the  former  Yugoslav  Republic  of  Macedonia  was  to  reintroduce  the  visa 
requirement  for  EU  citizens,  the  visa  fee  to  be  charged  by  the  former  Yugoslav 
Republic of Macedonia 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). 

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

close relatives - spouse, children (including adopted) parents (including custodians), 
grandparents  and  grandchildren  of  citizens  of  the  former  Yugoslav  Republic  of 
Macedonia, legally residing in the territory of the Member States; 

members  of  official  delegations  who,  following  an  official  invitation  addressed  to 
the  former  Yugoslav  Republic  of  Macedonia  shall  participate  in  meetings, 
consultations, negotiations or exchange programmes, as well as in events held in the 
territory of the Member States by intergovernmental organizations; 

members of national government, Parliament, Constitutional Court, Supreme Court, 
Judiciary Council and Public Prosecutors Council, if they are not exempted from the 
visa requirement by the present Agreement;  

mayors and members of the municipal councils; 

disabled persons and the person accompanying them, if necessary; 

persons  who  have  presented  documents  proving  the  necessity  of  their  travel  on 
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 
seriously ill close relative;  

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

persons participating in scientific, research, cultural and artistic activities including 
university and other exchange programmes; 

participants in official exchange programmes organized by twin cities;  

journalists;  

pensioners; 

drivers  conducting  international  cargo  and  passenger  transportation  services  to  the 
territories  of  the  Member  States  in  vehicles  registered  in  the  former  Yugoslav 
Republic of Macedonia ;  

members of train, refrigerator and locomotive crews in international trains, travelling 
to the territories of the Member States;  

representatives  of  civil  society  organizations  when  undertaking  trips  to  attend 
meetings, seminars, exchange programs or trainings courses;  

2. 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

j) 

k) 

l) 

m) 

n) 

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o) 

p) 

q) 

r) 

3. 

1. 

2. 

3. 

representatives of religious communities registered in the former Yugoslav Republic 
of Macedonia;  

members  of  the  professions  participating  in  international  exhibitions,  conferences, 
symposia,  seminars  or  other  similar  events  held  in  the  territory  of  the  Member 
States.  

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 programs, as well as other educational or school related activities: 

children under 6 years of age.  

By  way  of  derogation  from  paragraph  1  above,  Bulgaria  and  Romania  which  are 
bound  by  the  Schengen  acquis  but  which  do  not  yet  issue  Schengen  visas,  may 
waive the fees for processing national short stay visa applications for citizens of the 
former  Yugoslav  Republic  of  Macedonia,  until  the  day  to  be  determined  by  the 
Council  Decision  for  their  full  implementation  of  the  Schengen  acquis  on  visa 
policy. 

Article 7 - Length of procedures for processing visa applications 

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 to up 
to  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 
working days or less in urgent cases. 

Article 8 - Departure in case of lost or stolen documents 

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

Article 9 - Extension of visa in exceptional circumstances 

The citizens of the former Yugoslav Republic of Macedonia 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, humanitarian, serious occupational or personal reasons shall have the term of 

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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. 

Article 10 - Diplomatic passports 

1. 

2. 

Citizens of the former Yugoslav Republic of Macedonia, holders of valid diplomatic 
passports  can  enter,  leave  and  transit  through  the  territories  of  the  Member  States 
without visas. 

Persons  mentioned  in  paragraph  1  of  this  Article  may  stay  in  the  territories  of  the 
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, citizens of the former 
Yugoslav Republic of Macedonia shall be entitled to travel within the territory of the Member 
States on an equal basis with European Union citizens. 

1. 

2. 

(a) 

(b) 

(c) 

3. 

4. 

5. 

Article 12 - Joint Committee for management of the Agreement 

The Parties shall set up a Joint Committee of experts (hereinafter referred to as “the 
Committee”),  composed  of  representatives  of  the  European  Community  and  of  the 
former  Yugoslav  Republic  of  Macedonia.  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 tasks: 

monitoring  the  implementation  of  the  present  Agreement,  (regular  exchange  of 
information,  including data  on number of issued visas, submitted  and  rejected visa 
applications); 

suggesting amendments or additions to the present Agreement; 

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 at least once a year. 

The Committee shall establish its rules of procedure. 

The Committee shall inform the relevant bodies established under the Stabilization 
and Association Agreement providing periodically data on the implementation of the 
present Agreement. 

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Article 13 - Relation of this Agreement with bilateral Agreements between Member States 
and the former Yugoslav Republic of Macedonia 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

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 the former Yugoslav Republic of Macedonia, insofar 
as the provisions of the latter agreements or arrangements cover issues dealt with by 
the present Agreement. 

The provisions of bilateral Agreements or arrangements between individual Member 
States  and  the  former  Yugoslav  Republic  of  Macedonia  signed  before  1  January 
2007 providing for the exemption of the holders of service passports from the visa 
requirement, shall continue to apply for a period of 5 years from the entry into force 
of this Agreement without prejudice to the right of the Member States concerned or 
the former Yugoslav Republic of Macedonia to denounce or suspend these bilateral 
agreements during this period of 5 years. 

Article 14 - Final clauses 

This Agreement shall be ratified or approved by the Parties in accordance with their 
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. 

By way of derogation to paragraph 1 of this Article, the present agreement shall only 
enter  into  force  on  the  date  of  the  entry  into  force  of  the  Agreement  between  the 
European  Community  and  the  former  Yugoslav  Republic  of  Macedonia  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 
accordance with paragraph 6 of this Article. 

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. 

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. 

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. 

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Done  at  ............  on  the  ........  day  of  ...........  in  the  year  ............  in  duplicate  in  each  of  the 
official languages of the Parties, each of these texts being equally authentic.  

For the European Community 

For the former Yugoslav Republic of Macedonia 

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ANNEX  

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  transit  through  their  territory,  in  accordance  with  European  parliament  and  Council 
Decision No 895/2006/EC of 14 June 2006. 

As  European  Parliament  and  Council  Decision  No  895/2006/EC  of  14  June  2006  does  not 
apply  to  Romania  and  Bulgaria;  similar  provisions  will  be  proposed  by  the  European 
Commission in order to enable these countries to unilaterally recognize Schengen visas and 
residence permits and other similar documents issued by  other  Member States not yet fully 
integrated into the Schengen area for the purpose of transit through their territory. 

JOINT  DECLARATION  ON  THE  PERSPECTIVE  ON  MUTUAL  VISA  FREE 
TRAVEL REGIME 

In accordance with the conclusions of the EU-Western Balkans Summit held in Thessaloniki 
on  21  June  2003  the  visa  facilitations  provided  under  this  Agreement  shall  represent  a 
transitional  phase  towards  visa  free  travel  regime  for  the  citizens  of  the  former  Yugoslav 
Republic of Macedonia.  

The  visa  free  travel  regime  will  be  introduced  for  the  citizens  of  the  former  Yugoslav 
Republic of Macedonia, on the basis of positive assessment of the country’s achievements in 
implementing relevant reforms and in accordance with the procedures and criteria provided 
for in the Council Regulation 539/2001 of 15 March 2001. 

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  the  former 
Yugoslav  Republic  of  Macedonia  conclude,  without  delay,  a  bilateral  agreement  on  the 
facilitation of the issuance of short-stay visas in similar terms as the Agreement between the 
European Community and the former Yugoslav Republic of Macedonia. 

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 
the  former  Yugoslav  Republic  of  Macedonia,  conclude  bilateral  agreements  on  the 
facilitation of the issuance of visas. 

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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 the former 
Yugoslav  Republic  of  Macedonia  conclude,  without  delay,  bilateral  agreements  on  the 
facilitation of the issuance of short-stay visas in similar terms as the Agreement between the 
European Community and the former Yugoslav Republic of Macedonia. 

JOINT  DECLARATION  CONCERNING  SWISS  CONFEDERATION  AND 
LIECHTENSTEIN (if needed) 

If the Agreement between the EU, the EC and the Swiss Confederation concerning the Swiss 
Confederation’s  association  with  the  implementation,  application  and  development  of  the 
Schengen  acquis  and  the  Protocols  to  this  Agreement  concerning  Liechtenstein  has  entered 
into  force  by  the  time  negotiations  with  the  former  Yugoslav  Republic  of  Macedonia  have 
concluded,  a  similar  declaration  will  also  be  made  in  respect  of  Switzerland  and 
Liechtenstein. 

EUROPEAN  COMMUNITY  DECLARATION  ON  REVIEWING  THE  VISA 
REQUIREMENT FOR HOLDERS OF SERVICE PASSPORTS 

As the exemption of the holders of service passports from the visa requirement provided in 
bilateral  Agreements  or  arrangements  between  individual  Member  States  and  the  former 
Yugoslav Republic of Macedonia which have been signed before 1 January 2007 shall only 
continue to apply for a period of 5 years from the entry into force of this Agreement without 
prejudice  to  the  right  of  the  Member  States  concerned  or  the  former  Yugoslav  Republic  of 
Macedonia to denounce or suspend these bilateral agreements during this period of 5 years, 
the European Community will reassess the situation of the holders of service passports at the 
latest 2 years after the entry into force of this Agreement, in view of a possible amendment of 
the Agreement to that end in accordance with the procedure provided in Article 14(4). 

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 

Recognizing  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 currently under discussions between the European Parliament and 
the  Council,  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: 

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–  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  applicants  from  former  Yugoslav  Republic  of  Macedonia  are  given  coherent  and 
uniform  basic  information  and  are  required  to  submit,  in  principle,  the  same  supporting 
documents. 

The  information  mentioned  above  including  the  list  of  accredited  travel  agencies  and  tour 
operators in the framework of local consular cooperation is to be disseminated widely (on the 
notice boards of consulates, in leaflets, on websites etc.). 

Diplomatic  missions  and  consular  posts  of  the  Member  States  shall  organise  themselves  in 
such  a  way  that  an  appointment  for  submitting  the  visa  application  and  the  relevant 
supporting documents can be ensured within a reasonable period of time. 

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-
term visas including on the simplification of document requirements on a case-by-case basis, 
and in particular for bona fide applicants.  

POLITICAL DECLARATION FROM BULGARIA ON LOCAL BORDER TRAFFIC  

The  Republic  of  Bulgaria  declares  its  willingness  to  enter  into  negotiations  of  bilateral 
agreement with the former Yugoslav Republic of Macedonia for the purpose of implementing 
the  local  border  traffic  regime  established  by  the  EC  Regulation  No  1931/2006  of  20 
December 2006 laying down rules on local border traffic at the external land borders of the 
Member States and amending the provisions of the Schengen Convention. 

EUROPEAN  COMMUNITY  DECLARATION  ON  FACILITATIONS  FOR  FAMILY 
MEMBERS  

The European Community takes note of the suggestion of the former Yugoslav Republic of 
Macedonia  to  give  a  wider  definition  to  the  notion  of  family  members  that  should  benefit 
from  visa  facilitation  as  well  as  of  the  importance  that  the  former  Yugoslav  Republic  of 
Macedonia attaches to the simplification of movement of this category of persons.  

In order to ease the mobility of an extended number of persons which have family links (in 
particular  sisters  and  brothers  and  their  children)  with  citizens  of  the  former  Yugoslav 
Republic  of  Macedonia  legally  residing  in  the  territories  of  Member  States,  the  European 
Community  invites  the  Member  States'  consular  offices  to  make  full  use  of  the  existing 
possibilities  in  the  "acquis  communautaire"  for  facilitating  the  issuance  of  visas  to  this 
category  of  persons,  including  in  particular,  the  simplification  of  documentary  evidence 
requested  for  the  applicants,  exemptions  from  handling  fees  and  where  appropriate  the 
issuing of multiple entry visas. 

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