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

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.7.2007 
COM(2007) 422 final 

2007/0144 (CNS) 

Proposal for a  

COUNCIL DECISION 

on the signature of the Agreement between the European Community and the Republic 
of Serbia 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 Republic 
of Serbia 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 Republic of Serbia 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  European  perspective  of  the  country,  the  authorities  of  the  Republic  of  Serbia 
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 Republic of Serbia on the facilitation of the issuance of short-stay visas 
were  opened  in  Brussels  on  1  December  2006,  back-to-back  with  the  continuation  of 
negotiations on a readmission agreement. Two further rounds of negotiations were held on 18 
January 2007 in Belgrade and on 11 April 2007 in Brussels, in parallel ("back-to-back") with 
negotiations  on  an  EC-Republic  of  Serbia  readmission  agreement.  Moreover,  formal 
negotiations were occasionally prepared by informal expert meetings. 

At  the  last  formal  round  on  16  May  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 Republic of Serbia. 

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(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  citizens1  are  exempt  from  the  visa  obligation  by  the  Republic  of  Serbia.  In  this 
respect,  the  draft  agreement  on  visa  facilitation  states  in  Article  1(2)  that  if  the  Republic  of 
Serbia would reintroduce the visa requirement for EU citizens, the same facilitations granted 
under the agreement to the citizens of the Republic of Serbia 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 three working days or less; 

–  the visa fee for processing applications of Serbian citizens shall amount to 35 €. This fee 
will be applied to all Serbian visa applicants 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,  drivers  conducting  international  cargo  and  passenger  transportation  services, 
representatives of the religious communities, representatives of civil society, members of 
the  professions,  members  of  train  crews,  pensioners,  children  under  the  age  of  6, 
humanitarian  cases  and  persons  participating 
in  cultural,  educational  exchange 
programmes and sport or cultural events; 

1 

The Republic of Serbia announced its intention to exempt by unilateral Decision the Romanian citizens 
from the visa obligation. A Community Declaration is annexed to the Agreement linking the ratification 
of the Visa Facilitation Agreement to the adoption by the Republic of Serbia of the Decision exempting 
the Romanian citizens from the visa obligation. 

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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  and  provincial/regional  Governments  and  Parliaments, 
Constitutional  and  Supreme  Court  of  Cassation,  permanent  members  of  official 
delegations  and  spouses  and  children  visiting  citizens  of  the  Republic  of  Serbia 
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, 
journalists,  business  people, 
religious  communities, 
representatives  of 
representatives of civil society, members of the professions, professional drivers and 
train crews, students and persons visiting  for medical reasons, 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  visa  are  still  valid:  visas  valid  for  a 
minimum of 2 years and a maximum of 5 years are issued; 

the 

–  citizens  of  the  Republic  of  Serbia  who  are  holders  of  valid  diplomatic  passports  are 

exempted from the visa requirement for short-stays; 

–  for  citizens  of  the  Republic  of  Serbia  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 4 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 
Serbian  citizens  for  the  purpose  of  transit  through  their  territory  in  accordance  with 
European Parliament and Council Decision N°895/2006/EC of 14 June 20062. A reference 
to  the  future  amendment  of  the  Decision  N°895/2006/EC  for  covering  Bulgaria  and 
Romania is added; 

–  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; 

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OJ L167, 20.6.2006, p.1. 

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–  replying  to  the  specific  requests  formulated  by  the  Republic  of  Serbia,  European 
Community  Declarations  are  attached  to  the  Agreement  on  facilitations  for  family 
members  (not  covered  by  the  legally  binding  provisions  of  the  Agreement)  and  for  bona 
fide applicants. 

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 Republic of Serbia 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 Republic 
of Serbia 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  13  November  2006,  the  Council  authorised  the  Commission  to 
negotiate an agreement between the European Community and the Republic of Serbia 
regarding the facilitation of the issuance of short-stay visas. 

Negotiations on the agreement were opened on 1 December 2006 and concluded on 11 
April 2007. 

Subject to its possible conclusion at a later date, the Agreement initialled in Brussels 
on 16 May 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:  

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OJ C, p. . 

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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 Republic of Serbia 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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2007/0144 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Republic 
of Serbia 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 the Republic of Serbia 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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5 

OJ C… 
OJ C… 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  between  the  European  Community  and  the  Republic  of  Serbia  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 
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, 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 Republic of Serbia 

on the facilitation of the issuance of visas 

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

and  

THE REPUBLIC OF SERBIA, 

hereinafter referred to as the Parties; 

Having  regard  to  the  European  perspective  of  the  Republic  of  Serbia,  the  opening  of  the 
Stabilisation  and  Association  Agreement  (SAA)  negotiations  between  the  European 
Community/the EU Member States and the Republic of Serbia and the European Partnership 
adopted by the Council in January 2006; 

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

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 Republic of Serbia; 

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

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

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; 

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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 Republic 
of Serbia. 

If the Republic of Serbia 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  Republic  of  Serbia  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 
Republic of Serbia 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 Republic of Serbia, 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) 

b) 

c) 

d) 

"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; 

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

“Citizen of the Republic of Serbia”: shall mean any person who holds the nationality 
of the Republic of Serbia in accordance with its national legislation; 

“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, 

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e) 

1. 

a) 

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

States. 

“legally residing person” shall mean a citizen of the Republic of Serbia 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  Republic  of  Serbia  the  following 
documents are sufficient for justifying the purpose of the journey to the other Party: 

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

–  a  letter  issued  by  an  authority  from  the  Republic  of  Serbia  confirming  that  the 
applicant is a member of its delegation travelling to the other Party to participate 
in 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, organisation or an office 
or  branch  of  such  legal  person  or  company,  state  or  local  authorities  of  the 
Member  States  or  organising  committees  of  trade  and  industrial  exhibitions, 
conferences and symposia held in the territories of the Member States, endorsed 
by the Chamber of Commerce of the Republic of Serbia; 

c) 

for  drivers  conducting  international  cargo  and  passenger  transportation  services  to 
the territories of the Member States in vehicles registered in the Republic of Serbia; 

–  a  written  request  from  a  national  company  or  association  of  carriers  of  the 
Republic  of  Serbia  providing  for  international  road  transportation,  proving  the 
purpose, duration and frequency of the trips; 

d) 

for members of train, refrigerator and locomotive crews travelling to the territories 
of the Member States: 

–  a written request from the competent railway company of the Republic of Serbia, 

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  document  issued  by  his/her 
employer, stating that the purpose of the journey is to carry out journalistic work; 

f) 

for  persons  participating  in  scientific,  cultural  and  artistic  activities,  including 
university and other exchange programmes: 

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–  a written request from the host organization 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: 

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

school, or student cards or certificates of the courses to be attended; 

h) 

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

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

Federations or National Olympic Committees of the Member States; 

i) 

j) 

for  participants  in  official  exchange  programmes  organised  by  twin  municipalities 
and cities:  

–  a  written  request  of  the  Head  of  Administration/Mayor  of  these  municipalities 

and cities; 

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

–  a written request from the host person;  

k) 

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; 

l) 

for persons attending 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. 

m) 

for persons visiting for medical reasons and necessary accompanying persons: 

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

n) 

for  representatives  of  civil  society  organisations  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.  

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o) 

for representatives of the religious communities in the Republic of Serbia: 

–  a written request from a religious community registered in the Republic of Serbia, 

stating the purpose, duration and frequency of trips; 

p) 

for  members  of 
international  exhibitions, 
conferences, symposia,  seminars  or other similar events held in the territory of the 
Member States: 

the  professions  participating 

in 

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

is participating in the event;  

q) 

for 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. 

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 
the 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 invitation is issued by an organisation, the name and position of the person 

who signs the invitation, 

–  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. 

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, 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-
entry visas with a term of validity of up to five years to the following categories of 
persons:  

for members of national and provincial/regional Governments and Parliaments, the 
Constitutional  Court  and  the  Supreme  Court  of  Cassation  in  case  they  are  not 

2. 

a) 

b) 

c) 

3. 

1. 

a) 

EN 

14 

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exempted  from  the  visa  requirement  by  the  present  Agreement,  in  the  exercise  of 
their duties, with the term of validity limited to their term of office if this is less than 
five years;  

for permanent members of official delegations who, following an official invitation 
addressed  to  the  Republic  of  Serbia,  shall  regularly  participate  in  meetings, 
consultations,  negotiations  or  exchange  programs,  as  well  as  in  events  held  in  the 
territory of the Member States by inter-governmental organizations; 

for  spouses  and  children  (including  adopted),  who  are  under  the  age  of  21  or  are 
dependent and parents visiting citizens of the Republic of Serbia 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. 

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: 

for  members  of  official  delegations  who, following an official invitation addressed 
to  the  Republic  of  Serbia,  shall  regularly  participate  in  meetings,  consultations, 
negotiations or exchange programmes, as well as in events held in the territory of the 
Member States by inter-governmental organizations; 

for  business  people  and  representatives  of  business  organizations  who  regularly 
travel to Member States; 

for  drivers  conducting  international  cargo  and  passenger  transportation  services  to 
the territories of the Member States in vehicles registered in the Republic of Serbia; 

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

for journalists; 

for  persons  participating  in  scientific,  cultural  and  artistic  activities,  including 
university and other exchange programmes who regularly travel to Member States; 

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

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

for  participants  in  official  exchange  programmes  organised  by  twin  municipalities 
and cities;  

for  persons  needing  to  visit  regularly  for  medical  reasons  and  necessary 
accompanying persons; 

b) 

c) 

2. 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

j) 

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k) 

l) 

m) 

3. 

4. 

1. 

2. 

a) 

b) 

c) 

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

for representatives of religious communities registered in the Republic of Serbia, who 
regularly travel to the Member States;  

international  exhibitions, 
for  members  of 
conferences, symposia, seminars or other similar events who regularly travel to the 
Member States. 

the  professions  participating 

in 

Diplomatic missions and consular posts of the Member States shall issue multiple-
entry  visas  with  a  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 1-3 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  Republic  of  Serbia  shall 
amount to €35.  

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

If the Republic of Serbia was to reintroduce the visa requirement for EU citizens, the 
visa fee to be charged by the Republic of Serbia 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: 

for  members  of  official  delegations  who, following an official invitation addressed 
to the Republic of Serbia, shall participate in meetings, consultations, negotiations or 
exchange  programmes,  as  well  as  in  events  held  in  the  territories  of  the  Member 
States by inter-governmental organisations; 

for members of national and provincial/regional Governments and Parliaments, the 
Constitutional  Court  and  the  Supreme  Court  of  Cassation,  in  case  they  are  not 
exempted from the visa requirement by the present Agreement; 

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

EN 

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d) 

e) 

f) 

g) 

h) 

i) 

j) 

k) 

l) 

m) 

n) 

o) 

p) 

q) 

3. 

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; 

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

for  participants  in  official  exchange  programmes  organised  by  twin  municipalities 
and cities;  

for disabled persons and the person accompanying them, if necessary; 

for  representatives  of  civil  society  organisations  travelling  to  attend  meetings, 
seminars, exchange programs or training courses; 

for 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;  

for journalists; 

for drivers  conducting  international cargo and passenger transportation services to 
the territories of the Member states in vehicles registered in the Republic of Serbia; 

for members of train, refrigerator and locomotive crews travelling to the territories 
of the Member States: 

for  close  relatives  -  spouse,  children  (including  adopted),  parents  (including 
custodians),  grandparents  and  grandchildren,  visiting  citizens  of  the  Republic  of 
Serbia legally residing in the territories of the Member States. 

for representatives of religious communities registered in the Republic of Serbia, who 
regularly travel to the Member States;  

for  members  of 
international  exhibitions, 
conferences, symposia,  seminars or other similar events held in the territory of the 
Member States; 

the  professions  participating 

in 

for pensioners ;  

for 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 
Republic of Serbia, until the day to be determined by the Council Decision for their 
full implementation of the Schengen acquis on visa policy. 

EN 

17 

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Article 7 - Length of procedures for processing visa applications 

1. 

2. 

3. 

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 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  the  Republic  of  Serbia  who  have  lost  their  identity 
documents, or from whom these documents have been stolen while staying in the territory of 
the  Republic  of  Serbia 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 Republic of Serbia without any visa or other 
authorization. 

Article 9 - Extension of visa in exceptional circumstances 

The citizens of the Republic of Serbia 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. 

Article 10 - Diplomatic passports 

1. 

2. 

Citizens of the Republic of Serbia, 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 
Republic of Serbia shall be entitled to travel within the territory of the Member States on an 
equal basis with European Union citizens. 

EN 

18 

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1. 

2. 

(a) 

(b) 

(c) 

3. 

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 
Republic of Serbia. 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; 

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. 

4. 

The Committee shall establish its rules of procedure. 

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

1. 

2. 

1. 

2. 

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 Republic of Serbia, 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  Republic  of  Serbia  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  Republic  of 
Serbia  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 Republic of Serbia on readmission of persons if this 
date is after the date provided for in paragraph 1 of this Article. 

EN 

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3. 

4. 

5. 

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. 

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

For the European Community 

For the Republic of Serbia 

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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 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 Republic of 
Serbia  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 
Republic of Serbia. 

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  Republic  of  Serbia,  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 the Republic 
of Serbia 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 
Republic of Serbia. 

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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  Republic  of  Serbia  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 Republic of 
Serbia  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  Republic  of  Serbia  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 4 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: 

–  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 Serbian applicants 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.). 

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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. 

The European Community takes note of the readiness expressed by the Serbian authorities to 
assist in the dissemination of the above mentioned information. 

EUROPEAN  COMMUNITY  DECLARATION  ON  FACILITATIONS  FOR  FAMILY 
MEMBERS AND BONA FIDE APPLICANTS 

The  European  Community  takes  note  of  the  suggestion  of  the  Republic  of  Serbia  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  Republic  of  Serbia  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 Serbia 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. 

In  addition,  the  European  Community  also  invites  the  Member  States'  consular  offices  to 
make  full  use  of  these  possibilities  for  the  facilitation  of  the  issuance  of  visas  to  bona  fide 
applicants.  

POLITICAL DECLARATION FROM BULGARIA, HUNGARY AND ROMANIA ON 
LOCAL BORDER TRAFFIC  

Bulgaria,  Hungary  and  Romania  declare  their  willingness  to  enter  into  negotiations  of 
bilateral  agreements  with  the  Republic  of  Serbia  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. 

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