Proposal for a Council Decision concerning the conclusion of the Agreement between the European Union and Georgia on the facilitation of the issuance of visas
Date: 2010-05-05
Institutions: European Commission
Subjects: EU visa policy, Georgia, administrative formalities, cooperation agreement (EU), ratification of an agreement

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EUROPEAN COMMISSION  

Brussels, 5.5.2010 
COM(2010)198 final 

2010/0106 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Union  
and Georgia on the facilitation of the issuance of visas 

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EXPLANATORY MEMORANDUM 

I. 

POLITICAL AND LEGAL FRAMEWORK 

Following the August 2008 conflict in Georgia, the Extraordinary European Council held in 
Brussels  on  1  September  2008  decided  "to  step  up  relations  with  Georgia,  including  visa 
facilitation measures".  

On  27  November  2008,  the  Justice  and  Home  Affairs  Council  formally  authorised  the 
Commission  to  negotiate  a  visa  facilitation  agreement  between  the  European  Union  and 
Georgia.  In  February  2009  the  Commission  informed  the  Georgian  authorities  on  the  basic 
elements of a visa facilitation agreement and the first round of formal negotiations could be 
held in Brussels on 2 April 2009. Two further formal rounds of negotiations took place, the 
last one in Brussels on 24-25 August 2009. 

Following a consultation and approval process on both sides as well as further clarification of 
a few additional points, the agreed text was initialled on 25 November 2009 in Brussels by the 
Chief Negotiators of both Parties. 

Member States have been regularly informed and consulted at all (informal and formal) stages 
of the visa facilitations negotiations. 

On the part of the Union, the legal basis for the Agreement is Article 77(2a), in conjunction 
with Article 218 of TFEU.  

The Commission signed the agreement on ... In accordance with Art. 218(6)(a) of TFEU for 
the conclusion of the Agreement, the European Parliament's consent was given on …..  

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 Commission, 
assisted by experts from Member States, represents the Union within the Joint Committee set 
up by Article 12 of the Agreement. Under Article 12(4), the visa facilitation committee shall 
adopt  its  own  rules  of  procedure.  As  regards  other  decisions  to  be  taken  by  the  Joint 
Committee,  the  Union  position  shall  be  established  in  accordance  with  the  applicable 
provisions of the Treaty.  

II. 

OUTCOME OF THE 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 Union. 

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 Georgian citizens shall amount to 35 €. This fee 
will be applied to all Georgian visa applicants and concerns both single and multiple-entry 

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visas. Moreover, certain categories of persons benefit from a full waiving of the visa fee: 
pensioners,  close  relatives,  members  of  national  and  regional  governments,  members  of 
official  delegations  participating  in  government  activities,  students,  disabled  persons, 
journalists,  representatives  of  civil  society,  children  under  the  age  of  12,  humanitarian 
cases and persons participating in scientific, cultural, artistic activities and sport events; 

–  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 civil society, members of the 
professions  drivers  conducting  international  cargo  and  passenger  transportation  services 
and  persons  visiting  for  medical  reasons.  For  these  categories  of  persons,  only  the 
documents  listed  in  the  agreement  can  be  requested  for  justifying  the  purpose  of  the 
journey.  No  other  justification,  invitation  or  validation  provided  for  by  the  legislation  of 
the Member States is required;  

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

categories of persons: 

a) 

b) 

for  members  of  national  and  regional  Governments,  Constitutional  and  Supreme 
Court, permanent members of official delegations and spouses and children visiting 
citizens of Georgia 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, students, business people, representatives of civil society, members of the 
professions and drivers, provided that during the previous two years they have made 
good  use  of  1  year  multiple-entry  visas  and  the  reasons  for  requesting  a  multiple-
entry are still valid: visas valid for a minimum of 2 years and a maximum of 5 years 
are issued; 

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

visa requirement for short-stays.  

–  a protocol addresses the specific situation of the Member States that do not fully apply the 
Schengen  acquis  yet  and  their  unilaterally  recognition  of  Schengen  visas  and  residence 
permits  issued  to  Georgian  citizens  for  the  purpose  of  transit  through  their  territory  in 
accordance with Council Decision N° 582/2008/EC.  

–  A  Joint  Declaration  is  attached  to  the  Agreement  on  access  of  visa  applicants  to 
harmonised  information  on  procedures  for  issuing  short-stay  visas  and  supporting 
documents. 

–  Replying  to  specific  requests  formulated  by  Georgia,  a  European  Union  Declaration  is 
attached to the Agreement on facilitations for family members not covered by the legally 
binging provisions of the Agreement.  

–  A Joint Declaration is attached to the Agreement on cooperation on travel documents and 

regular exchange of information on travel document security. 

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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,  Iceland  Switzerland  and  Liechtenstein  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 concluded and enter into force simultaneously.  

III. 

CONCLUSIONS 

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

- 

approve,  after  having  received  consent  from  the  European  Parliament,  the  attached 
Agreement  between  the  European  Union  and  Georgia  on  the  facilitation  of  the 
issuance of visas  

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2010/0106 (NLE) 

Proposal for a 

COUNCIL DECISION 

of [ ... ] 

on the conclusion of the Agreement between the European Union 
and Georgia on the facilitation of the issuance of visas  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on European Union, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 77(2a), in conjunction with Article 218 (6)(a), thereof 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

In accordance with Council Decision 2010/XXX of [...]2, the Agreement between the 
European Union and Georgia on the facilitation of the issuance of visas was signed by 
the Commission on [ ], subject to its conclusion at a later date.  

The Agreement should be concluded. 

The Agreement establishes a Joint Committee which may adopt its rules of procedure. 
It  is  appropriate  to  provide  for  a  simplified  procedure  for  the  establishment  of  the 
Union 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 

1 
2 

OJ C […], […], p. […]. 
OJ L […], […], p. […]. 

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HAS ADOPTED THIS DECISION:  

Article 1 

The Agreement between the European Union and Georgia on the facilitation of the issuance 
of visas is hereby concluded.  

The text of the Agreement is attached to this Decision. 

Article 2 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the  European  Union,  to  the  notification  provided  for  in  Article  14(1)  of  the  Agreement,  in 
order to express the consent of the European Union to be bound by the Agreement. 

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

Article 3 

Article 4 

The position of the Union within the Joint Committee with regard to the adoption of its rules 
of procedure as required under Article 14 (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  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

The date of entry into force of the Agreement shall be published in the Official Journal of the 
European Union.  

Done at Brussels, […] 

For the Council 
The President 
[…] 

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ANNEX  

DRAFT AGREEMENT 

Between 

The European Union and Georgia 

on the facilitation of the issuance of visas 

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THE EUROPEAN UNION hereinafter referred to as “the Union”; 

and Georgia, 

hereinafter referred to as the Parties; 

Desiring  to  facilitate  people  to  people  contacts  as  an  important  condition  for  a  steady 
development of economic, humanitarian, cultural, scientific and other ties, by facilitating the 
issuing of visas to citizens of Georgia;  

Reaffirming the intention to establish visa free travel regime for their citizens as a long term 
goal, provided that all the conditions for well-managed and secure mobility are fullfilled;  

Bearing  in  mind  that,  as  from  01  June  2006,  all  EU  citizens  are  exempted  from  the  visa 
requirement  when  travelling  to  Georgia  for  a  period  of  time  not  exceeding  90  days  or 
transiting through the territory of Georgia; 

Recognizing that if Georgia reintroduces the visa requirements for the EU citizens or certain 
categories  of  them,  the  same  facilitations  granted  under  this  agreement  to  the  citizens  of 
Georgia would automatically, on the basis of reciprocity, apply to the EU citizens;  

Bearing in mind that these visa requirements can only be reintroduced for all EU citizens or 
certain categories of the EU citizens;  

Recognizing  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 on the Functioning of the European Union 
and confirming that the provisions of this agreement do not apply to the United Kingdom and 
Ireland; 

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

HAVE AGREED AS FOLLOWS: 

ARTICLE 1- PURPOSE AND SCOPE OF APPLICATION 

1. 

2. 

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 Georgia. 

If Georgia reintroduces the visa requirement for the citizens of all Member States or 
certain categories of the citizens of all Member States, the same facilitations granted 
under this agreement to the citizens of Georgia would automatically, on the basis of 
reciprocity, apply to the EU citizens concerned. 

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ARTICLE 2- GENERAL CLAUSE 

1. 

2. 

The visa facilitations provided in this Agreement shall apply to citizens of Georgia 
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 Georgia 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. 

ARTICLE 3 - DEFINITIONS 

For the purpose of this Agreement: 

a) 

b) 

c) 

d) 

e) 

"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 paragraph (a); 

“Citizen  of  Georgia”  shall  mean  a  person  who  holds  the  citizenship  of  Georgia  in 
accordance with its national legislation; 

“Visa” shall mean an authorization issued by a Member State with a view to transit 
through  or  an  intended  stay  in  the  territory  of  Member  States  of  a  duration  of  no 
more  than  three  months  in  any  six-month  period  from  the  date  of  first  entry  in  the 
territory of the Member States;  

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

ARTICLE 4- DOCUMENTARY EVIDENCE REGARDING THE PURPOSE OF THE JOURNEY 

1. 

(a) 

– 

(b) 

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

For  close  relatives  –  spouse,  children  (including  adopted),  parents  (including 
custodians), grandparents, grandchildren, visiting citizens of Georgia legally residing 
in the territory of the Member States": 

A written request from the host person; 

For members of official delegations who, following an official invitation to Georgia, 
shall  participate  in  meetings,  consultations,  negotiations  or  exchange  programs,  as 
well  as  in  events  held  in  the  territory  of  the  Member  States  by  intergovernmental 
organizations: 

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– 

(c) 

– 

A letter issued by a Georgian authority confirming that the applicant is a member of 
this  delegation  travelling  to  the  territory  of  the  Member  States  to  participate  in  the 
aforementioned events, accompanied by a copy of the official invitation; 

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

A written request or a certificate of enrolment from the Host University, college or 
school or student cards or certificates of the courses to be attended; 

(d) 

For persons travelling for medical reasons and necessary accompanying persons: 

– 

(e) 

– 

(f) 

– 

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

For journalists and accredited persons accompanying them in a professional capacity: 

A certificate or other document issued by a professional organization proving that the 
person concerned is a qualified journalist or accompanying person in a professional 
capacity and a document issued by his/her employer stating that the purpose of the 
journey is to carry out journalistic work or assist in such work; 

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

A  written  request  from  the  host  organization,  competent  authorities,  national  sport 
Federations or national Olympic Committees of the Member States; 

(g) 

For business people and representatives of business organizations : 

– 

(h) 

– 

(i) 

– 

A written request from the host legal person or company, organization or an office or 
a branch of such legal person or company, state or local authorities of the Member 
States or organizing committees or trade and industrial exhibitions, conferences and 
symposia held in the territories of the Member states, endorsed by the state chamber 
of Registration of Georgia; 

international  exhibitions, 
For  members  of 
conferences, symposia, seminars or other similar events held on the territory of the 
Member States of the EU: 

the  professions  participating 

in 

A written request from the host organization confirming that the person concerned is 
participating in the event; 

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

-A written request issued by the host organization, a confirmation that the person is 
representing  the  civil  society  organization  and  the  certificate  on  establishment  of 

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such organization from the relevant register issued by a state authority in accordance 
with the national legislation; 

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

A written request from the host organization to participate in the activities; 

For drivers conducting international cargos and passenger transportation services to 
the territories of the Member States in vehicles registered in Georgia: 

A  written  request  from  the  national  company  or  association  of  carriers  of  Georgia 
providing  for  international  road  transportation,  stating  the  purpose,  duration  and 
frequency of the trips; 

For participants of the official exchange programs organized by twin cities: 

A written request of the Head of Administration/Mayor of these cities or municipal 
authorities; 

(j) 

– 

(k) 

– 

(l) 

– 

(m) 

For visiting military and civil burial grounds: 

– 

2. 

(a) 

(b) 

(c) 

– 

– 

3. 

An official document confirming the existence and preservation of the grave as well 
as family or other relationship between the applicant and the buried;  

The written request mentioned in paragraph 1 of the present Article shall include the 
following items:  

for the invited person: name and surname, date of birth, sex, citizenship, number of 
the passport, 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; 

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

If the request is issued by an organisation or authority, the name and position of the 
person who signs the request; 

if the inviting person is a legal person or company or an office or a branch of such 
legal  person  or  company  established  in  the  territory  of  the  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  present  Article,  all 
categories of visas are issued according to the simplified procedure without requiring 
any other justification, invitation or validation concerning the purpose of the journey, 
provided for by the legislation of the Member States. 

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ARTICLE 5 - ISSUANCE OF MULTIPLE-ENTRY VISAS 

1. 

(a) 

(b) 

(c) 

2. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

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

Spouses, children (including adopted) who are under the age of 21 or are dependent, 
parents  visiting  citizens  of  Georgia  legally  residing  in  the  territory  of  the  Member 
states  with  the  term  of  validity  limited  to  the  duration  of  the  validity  of  their 
authorisation for legal residence; 

Members  of  national  and  regional  governments  ,  Constitutional  court  and  Supreme 
court  if  they  are  not  exempted  from  the  visa  requirement  by  this  agreement,  in  the 
exercise of their duties, with a term of validity limited of their term of office if this is 
less than 5 years; 

Permanent  members  of  official  delegations  who,  following  an  official  invitation 
addressed  to  Georgia,  are  to  participate  regularly  in  meetings,  consultations, 
negotiations or exchange programmes, as well as in events held in the territory of the 
Member states by intergovernmental organisations;  

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

Members  of  official  delegations  who,  following  an  official  invitation,  are  to 
participate regularly in meetings, consultations, negotiations or exchange programs, 
as well as in events held in the territory of the Member States by intergovernmental 
organizations; 

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

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 programs who regularly travel to Member States"; 

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

Participants in official exchange programmes organized by twin cities or municipal 
authorities.  

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

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(h) 

(i) 

(j) 

(k) 

3. 

Journalists and accredited persons accompanying them in a professional capacity;  

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

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

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

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

4. 

The total period of stay of persons referred to in paragraph 1 to 3 of present 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 Georgia shall amount to 35€.  

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

If Georgia reintroduces the visa requirement for all EU citizens, the visa fee to be charged by 
Georgia shall not exceed € 35€ or the amount agreed 
if the fee is reviewed in accordance with 
the procedure provided for in Article.  

2. 

3. 

(a) 

(b) 

(c) 

When  Member  States  cooperate  with  an  external  service  provider,  an  additional 
service may be charged. The service fee shall be proportionate to the costs incurred 
by the external service provider while performing his tasks and shall not exceed 30 
euro. The Member State(s) concerned shall maintain the possibility for all applicants 
to lodge their applications directly at its/their consulates.  

The fees for processing the visa application are waived for the following categories 
of citizens : 

Pensioners; 

Children below the age of 12; 

Members  of  national  and  regional  governments,  Constitutional  court  and  Supreme 
court,  in  case  they  are  not  exempted  from  the  visa  requirement  by  the  present 
Agreement ; 

(d) 

Disabled persons and the persons accompanying them, if necessary ;  

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(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

Close  relatives  –  spouse,  children  (including  adopted),  parents  (including 
custodians), grandparents, grandchildren- who are visiting citizens of Georgia legally 
residing in the territory of Member State; 

Members  of  official  delegations  who,  following  an  official  invitation  addressed  to 
Georgia,  are  to  participate  in  meetings,  consultations,  negotiations  or  exchange 
programs, as well as in events held in the territory of the Member States of the EU by 
intergovernmental organizations; 

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

Journalists and accredited persons accompanying them in a professional capacity; 

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

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

ersons participating in scientific, cultural, artistic activities, including university and 
other exchange programs ;  

ersons  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 

ARTICLE 7- DURATION OF THE VISA APPLICATION PROCEDURE  

1. 

2. 

3. 

Diplomatic missions and consular services of the Member States shall take a decision 
upon the request to issue a visa within 10 calendar days starting from the date of the 
receipt of the application and documents required for issuing visas. 

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

The period of time for taking a decision on a visa application may be reduced to 2 
working days or less in urgent cases. 

ARTICLE 8- DEPARTURE IN CASE OF LOST OR STOLEN DOCUMENTS 

Citizens  of  the  European  Union  and  of  Georgia  who  have  lost  their  identity  documents,  or 
from whom these document have been stolen while staying in the territory of the Georgia or 
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 Georgia without any visa or other authorisation. 

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ARTICLE 9- EXTENSION OF VISAS IN EXCEPTIONAL CIRCUMSTANCES 

The period of validity and/or duration of stay of an issued visa of a citizen of Georgia shall be 
extended when the competent authority of a Member State considers that the visa holder has 
provided  proof  of  force  majeure  or  humanitarian  reasons  preventing  him  from  leaving  the 
territory of the Member States before expiry of the period of validity of or the duration of stay 
authorised by the visa. Such an extension shall be granted free of charge.  

ARTICLE 10- DIPLOMATIC PASSPORTS 

Citizens  of  the  Georgia  who  are  holders  of  valid  diplomatic  passports  may  enter,  leave  and 
transit through the territories of the Member States without visas. 
Persons mentioned in paragraph 1 may stay in the territories of 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 regulations on visas with limited territorial validity, the citizens of 
Georgia  shall  be  entitled  to  travel  within  the  territory  of  the  Member  States  on  equal  basis 
with European Union citizens. 

ARTICLE 12- JOINT COMMITTEE FOR MANAGEMENT OF THE AGREEMENT 

1. 

2. 

(a) 

(b) 

(c) 

3. 

4. 

The Parties shall set up a Joint Committee of experts (hereinafter referred to as “the 
Committee”),  composed  by  representatives  of  the  European  Union  and  of  Georgia. 
The  Union  shall  be  represented  by  the  Commission,  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. 

The Committee shall establish its rules of procedure.  

ARTICLE 13 – CONNECTION OF THIS AGREEMENT WITH BILATERAL AGREEMENTS  

between Member States and Georgia  

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 

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States and Georgia, insofar as the provisions of the latter agreements or arrangements cover 
issues dealt with by this Agreement. 

ARTICLE 14- FINAL CLAUSES 

1. 

2. 

3. 

4. 

5. 

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  last  Party  notifies  the  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 Union and Georgia on readmission if this date is after the date provided for 
in paragraph 1 of this Article. 

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

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

For the EuropeanUnion For Georgia 

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. 

In accordance with European Parliament and Council Decision N° 582/2008/EC harmonized 
measures  have  been  taken  in  order  to  simplify  the  transit  of  holders  of  Schengen  visa  and 
Schengen residence permits through the territory of the Member States that do not fully apply 
the Schengen acquis yet.  

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JOINT DECLARATION ON ARTICLE 10 ON DIPLOMATIC PASSPORTS  

The European Union might invoke a partial suspension of the agreement and in particular of 
Article 10, in accordance with the procedure set up by Article 14 (5), if the implementation of 
Article 10 is abused by the other Party or leads to a threat to public security. 

In case of suspension of implementation of Article 10, both Parties shall initiate consultations 
within the framework of the Joint Committee set up by the agreement with a view to solve the 
problems that lead to the suspension. 

As  a  priority,  both  Parties  declare  their  commitment  to  ensure  a  high  level  of  document 
security for diplomatic passports, in particular by integrating biometric identifiers. For the EU 
side,  this  will  be  ensured  in  compliance  with  the  requirements  set  out  in  Regulation  (EC) 
2252/2004. 

JOINT  DECLARATION  ON  THE  HARMONISATION  OF  INFORMATION  ON 
PROCEDURES  FOR  ISSUING  SHORT  STAY  VISA  AND  DOCUMENTS  TO 
BE SUBMITTED WHEN APPLYING FOR SHORT STAY VISAS 

Recognizing  the  importance  of  transparency  for  visa  applicants,  the  Parties  to  the  present 
Agreement consider the possibility of applying the following measures: 

– 

– 

To draw up general information for the applicants on the procedures and conditions 
for applying for visas, the visas and on the validity of issued visas.  

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

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

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 services of the Kingdom of Denmark.  

In such circumstances, it is desirable that the authorities of Denmark and of Georgia 
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 Union and 
Georgia. 

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 Georgia, conclude bilateral agreements on the facilitation of the issuance 
of visas. 

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JOINT  DECLARATION  CONCERNING  ICELAND,  NORWAY,  SWITZERLAND 

AND LIECHTENSTEIN  

The  Parties  take  note  of  the  close  relationship  between  the  European  Union  and  Norway, 
Iceland,  Switzerland  and  Liechtenstein,  particularly  by  virtue  of  the  Agreements  of  18  May 
1999  and  26  October  2004  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, Switzerland and 
Liechtenstein and Georgia conclude, without delay, bilateral agreements on the facilitation of 
the  issuance  of  short-stay  visas  in  similar  terms  as  the  Agreement  between  the  European 
Union and Georgia. 

EUROPEAN  UNION  DECLARATION  ON  FACILITATIONS  FOR  FAMILY 

MEMBERS  

The European –Union took note of the suggestion of Georgia to give a wider definition to the 
notion  of  family  members  that  should  benefit  from  visa  facilitation  as  well  as  of  the 
importance  that  Georgia  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 Georgian citizens legally residing in the 
territories of Member States, the European Union invites the Member States' consular offices 
to  make  full  use  of  the  existing  possibilities  in  the  "acquis"  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. 

EUROPEAN  UNION  DECLARATION  ON  THE  SUSPENSION  OF  THE  VISA 

FACILITATION AGREEMENT  

In case Georgia in violation of Article 1 paragraph 2 of the Agreement, reintroduces the visa 
requirement  for  the  citizens  of  one  or  more  EU  Member  States  or  certain  categories  of  the 
citizens of one or more EU Member States, the European –Union will suspend the application 
of this Agreement.  

JOINT DECLARATION ON COOPERATION ON TRAVEL DOCUMENTS  

The Parties agree that the Joint Committee established under Article 12, when monitoring the 
implementation of the Agreement, should evaluate the impact of the level of security of the 
respective  travel  documents  on  the  functioning  of  the  Agreement.  To  that  end,  the  Parties 
agree to regularly inform each other about the measures taken for avoiding the proliferation of 
travel  documents,  developing  the  technical  aspects  of  travel  document  security  as  well  as 
regarding the personalization process of the issuance of travel documents.  

EN 

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