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

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.7.2007 
COM(2007) 426 final 

2007/0149 (CNS) 

Proposal for a  

COUNCIL DECISION 

on the signature of the Agreement between the European Community and the Republic 
of Montenegro 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 Montenegro 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 Montenegro 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 Montenegro 
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 Montenegro on the facilitation of the issuance of short-stay 
visas were opened in Brussels on 15 December 2006, back-to-back with the continuation of 
negotiations on a readmission agreement. Two further rounds of negotiations were held on 6 
February 2007 and 11 April 2007 in Brussels, in parallel ("back-to-back") with negotiations 
on  an  EC-Montenegro  readmission  agreement.  Moreover,  formal  negotiations  were 
occasionally prepared by informal expert meetings. 

At  the  last  formal  round  on  11  April  2007,  the  final  texts  of  the  visa  facilitation  and 
readmission  agreements  were  initialled  at  technical  level.  At  political  level  an  initialling 
ceremony took place at Zagreb on 13 April 2007.  

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 Montenegro. 

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  Art. 
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 Montenegro. In this 
respect,  the  draft  agreement  on  visa  facilitation  states  in  Article  1(2)  that  if  the  Republic  of 
Montenegro  would  reintroduce  the  visa  requirement  for  EU  citizens,  the  same  facilitations 
granted  under  the  agreement  to  the  citizens  of  the  Republic  of  Montenegro  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 Montenegrin citizens shall amount to 35 €. This 
fee  will  be  applied  to  all  Montenegrin  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,  judges,  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,  humanitarian  cases  and  persons  participating  in 
cultural, educational exchange programmes and sport or cultural events; 

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The  Republic  of  Montenegro  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  Montenegro  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,  judges  and  persons  visiting  for 
medical  reasons.  For  these  categories  of  persons,  only  the  documents  listed  in  the 
agreement  can  be  requested  for  justifying  the  purpose  of  the  journey.  No  other 
justification, invitation or validation provided for by the legislation of the Member States is 
required;  

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

categories of persons: 

a) 

b) 

for  members  of  national  government  and  parliament,  Constitutional  and  Supreme 
Court,  president  of  the  Court  of  Appeals,  president  of  the  Administrative  Court, 
permanent members of official delegations and spouses and children visiting citizens 
of the Republic of Montenegro 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,  judges,  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  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; 

the 

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

exempted from the visa requirement for short-stays; 

–  for citizens of the Republic of Montenegro 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 
Montenegrin  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  (EC)  895/2006  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  Montenegro,  European 
Community  Declarations  are  attached  to  the  Agreement  on  facilitations  for  family 
members (not covered by the legally binding provisions of the Agreement), for bona fide 
applicants and for seamen. 

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  Montenegro  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 Montenegro 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 
Montenegro regarding the facilitation of the issuance of short-stay visas. 

Negotiations on the agreement were opened on 15 December 2006 and concluded on 
11 April 2007. 

Subject to its possible conclusion at a later date, the Agreement initialled at technical 
level in Brussels on 11 April and at political level in Zagreb on 13 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 the Denmark annexed to the Treaty 
on European Union and to the Treaty establishing the European Community, Denmark 
does not take part in the adoption of this Decision and is therefore not bound by it or 
subject to its application 

HAS DECIDED AS FOLLOWS:  

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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 
Montenegro 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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2007/0149 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the Republic 
of Montenegro 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 Montenegro 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 the Denmark annexed to the Treaty 
on European Union and to the Treaty establishing the European Community, Denmark 
does not take part in the adoption of this Decision and is therefore not bound by it or 
subject to its application. 

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OJ C… 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  between  the  European  Community  and  the  Republic  of  Montenegro  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 Montenegro 

on the facilitation of the issuance of visas 

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

and  

THE REPUBLIC OF MONTENEGRO, 

hereinafter referred to as the Parties; 

Having regard to the European perspective of the Republic of Montenegro, the Stabilisation 
and  Association  Agreement  (SAA)  negotiations  between  the  European  Community  and  the 
Republic of Montenegro;  

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 Montenegro 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 Montenegro; 

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

Recognising that if the Republic of Montenegro was to reintroduce the visa requirement for 
EU  citizens,  the  same  facilitations  granted  under  this  agreement  to  the  citizens  of  The 
Republic  of  Montenegro  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 Montenegro. 

If  the  Republic  of  Montenegro  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 Montenegro 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  Montenegro  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  citizen  law  of  the  Republic  of  Montenegro,  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 citizen of a Member State as defined 
in point (a); 

“Citizen  of  the  Republic  of  Montenegro”:  shall  mean  a  person  who  holds  the 
citizenship of the Republic of Montenegro; 

“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  Montenegro 
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 Montenegro the following 
documents are sufficient for justifying the purpose of the journey to the other Party: 

members  of  official  delegations  who,  following  an  official  invitation  addressed  to 
the  Republic  of  Montenegro,  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 Montenegro confirming that 
the  applicant  is  a  member  of  the  its  delegation  travelling  to  the  territory  of  the 
Member  States  to  participate  in  the  aforementioned  events,  accompanied  by  a 
copy of the official invitation; 

b) 

business people and representatives of business organisations: 

–  a written request from a host legal person or company, 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 a Chamber of 
Commerce,  the  Union  of  Employers  of  the  Republic  of  Montenegro  or  the 
Montenegro Business Alliance; 

c) 

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

–  a  written  request  from  the  national  association  of  carriers  of  the  Republic  of 
Montenegro  providing  for  international  road  transportation,  stating  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 

Montenegro, stating the purpose, duration and frequency of the trips;  

e) 

journalists: 

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

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f) 

g) 

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

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

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 a certificate of enrolment from the host university, academy, 
college or school or student cards or certificates of the courses to be attended; 

h) 

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

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

Sports Federations or National Olympic Committees of the Member States; 

i) 

participants in official exchange programs organized by twin cities: 

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

j) 

close  relatives  –  spouse,  children  (including  adopted),  parents  (including 
custodians),  grandparents  and  grandchildren  visiting  citizens  of  the  Republic  of 
Montenegro legally residing in the territory 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) 

persons visiting for medical reasons and necessary accompanying persons: 

–  an  official  document  of  the  medical  institution  confirming  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; 

m) 

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. 

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 

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such  organisation  from  the  relevant  Register  issued  by  a  state  authority  in 
accordance with the national legislation. 

o) 

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 

p) 

judges  participating  in  international  exchange  programmes,  symposia,  seminars  or 
similar training events held in the territory of the Member States:  

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

q) 

representatives of the religious communities in the Republic of Montenegro: 

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

Montenegro, stating the purpose, duration and frequency of trips; 

r) 

persons travelling for tourism:  

2. 

a) 

b) 

c) 

3. 

–  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. 

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1. 

a) 

b) 

c) 

2. 

a) 

b) 

c) 

d) 

e) 

f) 

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  the  National  Government,  Parliament,  Constitutional  Court  and 
Supreme Court, President of the Court of Appeals, President of the Administrative 
Court  in  case  they  are  not  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 5 years; 

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

spouse  and  children  (including  adopted),  who  are  under  the  age  of  21  or  are 
dependant,  visiting  citizens  of  the  Republic  of  Montenegro 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: 

members  of  official  delegations  who,  following  an  official  invitation  addressed  to 
the  Republic  of  Montenegro,  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; 

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

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

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

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

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

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g) 

h) 

i) 

j) 

k) 

l) 

m) 

n) 

3. 

4. 

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

journalists; 

participants in official exchange programs organized by twin cities; 

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

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

representatives  of  religious  communities  registered  in  the  Republic  of  Montenegro, 
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; 

judges  participating  in  international  exchange  programmes,  symposia,  seminars  or 
similar training events, 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  a  minimum  of  2  years  and  a  maximum  of  5 
years to the categories of persons referred to in paragraph 2 of this Article, provided 
that during the previous two years they have made use of the one year multiple-entry 
visas in accordance with the laws on entry and stay of the visited State and that the 
reasons for requesting a multiple-entry visa are still valid. 

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

Article 6 - Fees for processing visa applications 

1. 

The fee for processing visa applications of citizens of the Republic of Montenegro 
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  Montenegro  was  to  reintroduce  the  visa  requirement  for  EU 
citizens,  the  visa  fee  to  be  charged  by  the  Republic  of  Montenegro  shall  not  be 
higher than €35 or the amount agreed if th e fee is reviewed in accordance with the 
procedure provided for in Article 14(4). 

2. 

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

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a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

j) 

k) 

l) 

m) 

n) 

o) 

p) 

members  of  the  National  Government,  Parliament,  Constitutional  Court  and 
Supreme Court, President of the Court of Appeals, President of the Administrative 
Court, persons mentioned in the Article 5, (1). point a) if they are not exempted from 
the visa requirement by the present Agreement; 

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

members of  officials delegations  who,  following an official invitation addressed to 
the Republic of Montenegro 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; 

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

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, cultural and artistic activities including university 
and other exchange programmes; 

participants in official exchange programmes organized by twin cities;  

journalists;  

pensioners; 

judges  participating  in  international  exchange  programmes,  symposia,  seminars  or 
similar training events; 

representatives of religious communities registered in the Republic of Montenegro; 

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

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

Drivers  conducting  international  cargo  and  passenger  transportation  services  to  the 
territories  of  the  Member  States  in  vehicles  registered  in  the  Republic  of 
Montenegro; 

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q) 

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

r) 

Children under 6 years of age.  

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

Article 9 - Extension of visa in exceptional circumstances 

Citizens of the Republic of Montenegro 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  Montenegro,  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 citizen rules and regulations concerning citizen security of the Member States 
and subject to EU rules on visas with limited territorial validity, citizens of the Republic of 

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Montenegro 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. 

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 by representatives of the European Community and of the 
Republic of Montenegro. 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 Montenegro 

1. 

2. 

1. 

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 Montenegro, 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 Montenegro 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 
Montenegro 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. 

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2. 

3. 

4. 

5. 

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 Montenegro 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 citizen 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 Montenegro 

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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 
citizen 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 
Montenegro 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 Montenegro. 

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 Montenegro, 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  Montenegro  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 Montenegro. 

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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  Montenegro  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 
Montenegro 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 Montenegro 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 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  applicants  from  the  Republic  of  Montenegro  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.). 

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

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

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

EUROPEAN COMMUNITY DECLARATION ON SEAMEN  

In  line  with  international  agreements  on  the  mobility  of  civilian  ships  crew  members,  the 
European Community invites Member States consular offices to make full use of the existing 
possibilities  in  the  "acquis  communautaire"  for  facilitating  the  issuance  of  transit  visas  to 
seamen  from  Montenegro.  This  includes  in  particular,  the  simplification  of  documentary 
evidence requested for the applicants and the issuing of multiple entry transit visas.  

*** 

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