Proposal for a COUNCIL DECISION concerning the conclusion of the Agreement between the European Union and Ukraine amending the Agreement between the European Community and Ukraine on the facilitation of the issuance of visas
Date: 2012-07-05
Institutions: European Commission
Subjects: EU visa policy, Ukraine, agreement (EU), revision of an agreement

EUROPEAN COMMISSION 

Brussels, 5.7.2012  
COM(2012) 266 final 

2012/0138 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Union and Ukraine 
amending the Agreement between the European Community and Ukraine on the 
facilitation of the issuance of visas 

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EXPLANATORY MEMORANDUM 

I. 

POLITICAL AND LEGAL FRAMEWORK 

The Visa Facilitation Agreement between the European Community and Ukraine1 has been in 
force since 1 January 2008. 

Article 12 of the Visa Facilitation Agreement establishes a Joint Committee tasked inter alia 
with  monitoring  the  implementation  of  the  Agreement  and  suggesting  amendments  and 
additions thereto. The Joint Committee, at its 6th meeting on 5 May 2011 in Brussels endorsed 
suggestions for amendments and additions to the Visa Facilitation Agreement. 

At political level, at the 8th EU-Ukraine Ministerial Meeting on Justice, Freedom and Security 
on  9  June  2010,  the  Parties  looked  forward  to  constructive  negotiations  on  possible 
amendments to the Visa Facilitation Agreement. 

On  that  basis  the  Commission  presented  on  29  October  2010  a  recommendation  to  the 
Council  in  order  to  authorise  the  Commission  to  open  negotiations  with  Ukraine  on  an 
Agreement amending the Visa Facilitation Agreement. 

Following  the  authorisation  given  by  the  Council  on  11  April  2011,  the  negotiations  with 
Ukraine on an Agreement amending the Visa Facilitation Agreement were opened in Brussels 
on 6 May 2011. Three further rounds of negotiations took place on 11 July 2011 in Kiev and 
on  9  November  2011  and  14  December  2011  in  Brussels.  The  final  text  of  the  amending 
Agreement was initialled in February 2012 by the chief negotiators. 

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

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

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

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 amending Agreement is acceptable to the Union. 

The final content of it can be summarised as follows: 

simplified  requirements  for  documents  to  be  presented  regarding  the  purpose  of  the 

- 
journey for the following categories of applicants: 

(a) 

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drivers  conducting  international  cargo  and  passenger  transportation  services  and 
journalists: have been reviewed. 

Agreement between the European Community and Ukraine on the facilitation of the issuance of visas, 
OJ L 332/68, 18.12.2007. 

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(b) 

members  of  the  technical  crew  accompanying  journalists,  participants  in  official 
exchange  programmes  organised  by  municipal  entities  other  than  twin  cities,  close 
relatives of EU citizens residing in the territory of the Member State of which they 
are  nationals,  persons  accompanying  persons  visiting  for  medical  reasons, 
representatives  of  civil  society  organisations  undertaking  trips  for  the  purposes  of 
educational training, seminars, conferences, members of the professions participating 
in international exhibitions, conferences, symposia, seminars or other similar events, 
representatives of religious communities, and participants in official EU cross-border 
cooperation programmes: have been introduced; 

clarification of the provisions on the period of validity of multiple-entry visas for the 

- 
following categories of applicants: 

(a) 

the  categories  listed  in  Article  5(1)  of  the  Visa  Facilitation  Agreement  as  well  as 
national  and  regional  prosecutors  and  their  deputies,  spouses,  children  and  parents 
visiting citizens of the European Union residing in the territory of the Member State 
of  which  they  are  nationals,  and  the  technical  crew  accompanying  journalists  in  a 
professional capacity: 

in principle, multiple-entry visas valid for five years shall be issued. Multiple-entry visas with 
a shorter period of validity shall only be issued where the expiry date of the travel document 
requires this or where the need or the intention to travel frequently or regularly is manifestly 
limited to a shorter period; 

(b) 

(c) 

- 

(a) 

(b) 

the  categories  listed  in  Article  5(2)  of  the  Visa  Facilitation  Agreement  as  well  as 
participants  in  official  exchange  programmes  organised  by  municipal  entities  other 
than twin cities, representatives of civil society organisations travelling regularly to 
Member  States  for  the  purposes  of  educational  training,  seminars,  conferences, 
participants in official EU cross-border cooperation programmes, students and post-
graduate  students  who  regularly  travel  for  the  purposes  of  study  or  educational 
training,  representatives  of  the  religious  communities,  members  of  the  professions 
participating  in  international  exhibitions,  conferences,  symposia,  seminars  or  other 
similar  events  held  in  the  territory  of  the  Member  States,  persons  needing  to  visit 
regularly for medical reasons and necessary accompanying persons: 

in  principle,  multiple-entry  visas  valid  for  one  year  shall  be  issued.  Multiple-entry 
visas with a shorter period of validity shall only be issued where the expiry date of 
the  travel  document  requires  this  or  where  the  need  or  the  intention  to  travel 
frequently or regularly is manifestly limited to a shorter period; 

the possibility of charging a fee of EUR 70 in case of urgent applications: 

is  abolished  for  cases,  where  the  visa  application  and  supporting  documents  are 
submitted  by  the  visa  applicant  without  justification  only  three  days  or  less  before 
his/her departure; 

is introduced for cases, where based on the distance between the applicant's place of 
residence and the place where the application has been submitted, the applicant has 
requested  that  a  decision  on  the  application  be  taken  within  three  days  of  its 
submission and the consulate has accepted to take a decision within three days; 

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a  full  waiving  of  the  visa  fee  for  the  following  additional  categories  of  applicants: 
close relatives of citizens of the European Union residing in the territory of the Member State 
of which they are nationals, participants in official exchange programmes organised by other 
municipal  entities  than  twin  cities,  the  technical  crew  accompanying  journalists  in  a 
professional  capacity,  representatives  of  the  religious  communities,  members  of  the 
professions  participating  in  international  exhibitions,  conferences,  symposia,  seminars  or 
other  similar  events,  participants  aged  25  years  or  less  in  seminars,  conferences,  sports, 
cultural or educational events, organised by non-profit organisations, representatives of civil 
society  organisations  undertaking  trips  for  the  purposes  of  educational  training,  seminars, 
conferences, participants in official EU cross-border cooperation programmes; 

- 
the possibility for an external service provider, with whom a Member State cooperates 
in  view  of  issuing  a  visa,  to  charge  a  service  fee  of  up  to  EUR  30,  while  maintaining  the 
possibility of all applicants to lodge their applications directly at a consulate; 

- 
the requirement that appointments for lodging an application, where required, shall, as 
a  rule,  take  place  within  a  period  of  two  weeks  from  the  date  when  the  appointment  was 
requested; 

- 
the  exemption  from  the  visa  requirement  for  short  stays  for  the  citizens  of  Ukraine 
who  are  holders  of  biometric  service  passports.  A  European  Union declaration  on  the 
provision  containing  this  exemption  from  the  visa  requirement  is  attached  to  the  amending 
Agreement.  The  amending  Agreement  clarifies  that  this  does  not  affect  the  applicability  of 
provisions  of  existing  bilateral  Agreements  or  arrangements  between  individual  Member 
States and Ukraine on the exemption of the holders of non-biometric service passports from 
the visa requirement for short stays; 

replying to a specific request formulated by Ukraine, a European Union Declaration is 
- 
attached to the amending Agreement on documents to be submitted when applying for short-
stay visas; 

replying to specific requests formulated by Ukraine, a European Union Declaration is 
- 
attached to the amending Agreement on facilitations for family members not covered by the 
legally binding provisions of the Visa Facilitation Agreement; 

the  specific  situations  of  Denmark,  Ireland  and  the  United  Kingdom  are  reflected  in 

- 
the preamble; 

the  association  of  Switzerland  and  Liechtenstein  to  the  implementation,  application 
- 
and development of the Schengen acquis is reflected in a Joint Declaration to the amending 
Agreement. 

III. 

CONCLUSIONS 

In 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 Ukraine amending the Agreement between the 
issuance  of  visas.
European  Community  and  Ukraine  on 

the  facilitation  of 

the 

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2012/0138 (NLE) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Union and Ukraine 
amending the Agreement between the European Community and Ukraine 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 Parliament2, 

Whereas: 

(1) 

In accordance with Council Decision 2012/XXX of [...]3, the Agreement between the 
European  Union  and  Ukraine  amending  the  Agreement  between  the  European 
Community and Ukraine on the facilitation of the issuance of visas was signed by the 
Commission on [ ], subject to its conclusion at a later date. 

(2) 

The Agreement should be concluded. 

(3) 

In accordance with the Protocol on the Schengen acquis integrated into the framework 
of  the  European  Union  and  the  Protocol  on  the  position  of  the  United  Kingdom  and 
Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on 
European  Union  and  to  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,  

(4) 

In accordance with the Protocol on the position of Denmark annexed to the Treaty on 
European  Union  and  to  the  Treaty  on  the  Functioning  of  the  European  Union  and 
confirming that the provisions of this Agreement do not apply to Denmark, 

2 
3 

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

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HAS ADOPTED THIS DECISION:  

Article 1 

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

The text of the Agreement is attached to this Decision. 

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 2 of the Agreement, in order to 
express the consent of the European Union to be bound by the Agreement. 

Article 2 

Article 3 

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  

AGREEMENT 

between  the  European  Union  and  Ukraine  amending  the  Agreement  between  the 
European Community and Ukraine on the facilitation of the issuance of visas 

THE EUROPEAN UNION, 

of the one part, and  

UKRAINE, 

of the other part,  

hereinafter referred to as ‘the Parties’, 

HAVING REGARD to the Agreement between the European Community and Ukraine on the 
facilitation of the issuance of visas, which entered into force on 1 January 2008, 

DESIRING to further facilitate people to people contacts, 

RECOGNISING  the  importance  of  the  introduction  of  a  visa  free  travel  regime  for  the 
citizens of Ukraine in due course, provided that the conditions for well-managed and secure 
mobility are in place, 

TAKING  INTO  ACCOUNT  the  entry  into  force  of  Regulation  (EC)  No  810/2009  of  the 
European Parliament and of the Council of 13 July 2009 establishing a Community Code on 
Visas (Visa Code), notably providing the obligatory motivation of a visa refusal and the right 
to appeal for applicants in case of refusal, 

TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland 
in respect of the area of freedom, security and justice and the Protocol on the Schengen acquis 
integrated  into  the  framework  of  the  European  Union,  annexed  to  the  Treaty  on  European 
Union and to 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  to  the  Treaty  on  the  Functioning  of  the  European  Union  and 
confirming that the provisions of this Agreement do not apply to Denmark, 

HAVE AGREED AS FOLLOWS: 

Article 1 

The  Agreement  between  the  European  Community  and  Ukraine  on  the  facilitation  of  the 
issuance of visas, hereinafter referred to as 'the Agreement', shall be amended in accordance 
with the provisions of this Article: 

(1) 

In the title, the word "Community" shall be replaced by the word "Union". 

[Title of the Agreement] 

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[Article 1 of the Agreement 

Purpose and scope of application] 

(2) 

In Article 1 paragraph 2, the following first sentence shall be inserted: Ukraine may 
only reintroduce the visa requirement for citizens or certain categories of citizens of 
all Member States and not for citizens or certain categories of citizens of individual 
Member States. 

[Article 2 of the Agreement 

General Clause] 

(3) 

In  Article  2  paragraphs  1  and  2,  the  word  "Community"  shall  be  replaced  by  the 
words "European Union". 

[Article 3 of the Agreement 

Definitions] 

(4) 

In  Article  3  point  (e),  the  word  "Community"  shall  be  replaced  by  the  words 
"European Union". 

[Article 4 of the Agreement 

Supporting documents regarding the purpose of the journey] 

(5) 

(a) 

Article 4 paragraph 1 shall be amended as follows: 

point (c) shall be replaced by the following: 

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

—  a  written  request  from  the  national  association  of  carriers  of  Ukraine  providing  for 
international road transportation, stating  the  purpose, duration,  destination(s), and frequency 
of the trips;" 

(b) 

point (e) shall be replaced by the following: 

"(e) for journalists and the technical crew accompanying them in a professional capacity: 

—  a  certificate  or  other  document  issued  by  a  professional  organisation  or  the  applicant's 
employer  proving  that  the  person  concerned  is  a  qualified  journalist  and  stating  that  the 
purpose of the journey is to carry out journalistic work or proving that the person is a member 
of the technical crew accompanying the journalist in a professional capacity;" 

(c) 

point (i) shall be replaced by the following: 

"(i)  for  participants  in  official  exchange  programmes  organised  by  twin  cities  and  other 
municipal entities: 

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— a written request of the Head of Administration/Mayor of these cities or other municipal 
entities;" 

(d) 

point (j) shall be replaced by the following: 

"(j) for close relatives — spouse, children (including adopted), parents (including custodians), 
grandparents and grandchildren — visiting citizens of Ukraine legally residing in the territory 
of  the  Member  States  or  citizens  of  the  European  Union  residing  in  the  territory  of  the 
Member State of which they are nationals: 

— a written request from the host person;" 

(e) 

point (m) shall be replaced by the following: 

"(m) for visiting for medical reasons and necessary accompanying persons: 

— 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 
the medical treatment; 

(f) 

the following points (n) to (q) shall be inserted: 

"(n) for representatives of civil society organisations when undertaking trips for the purposes 
of  educational  training,  seminars,  conferences,  including  in  the  framework  of  exchange 
programmes: 

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

(o)  for  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) for representatives of the religious communities: 

—  a  written  request  from  a  religious  community  registered  in  Ukraine,  stating  the  purpose, 
duration and frequency of the trips; 

(q)  for  participants  in  official  EU  cross-border  cooperation  programmes,  such  as  under  the 
European Neighbourhood and Partnership Instrument (ENPI): 

— a written request by the host organisation." 

[Article 5 of the Agreement 

Issuance of multiple-entry visas] 

(6) 

Article 5 paragraphs 1 to 3 shall be replaced by the following: 

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

(a)  members  of  national  and  regional  Governments  and  Parliaments,  Constitutional  Courts 
and  Supreme  Courts,  national  and  regional  prosecutors  and  their  deputies,  if  they  are  not 
exempted from the visa requirement by the present Agreement, in the exercise of their duties; 

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

(c) spouses and children (including adopted), who are under the age of 21 or are dependant, 
and parents (including custodians) visiting citizens of Ukraine legally residing in the territory 
of  the  Member  States  or  citizens  of  the  European  Union  residing  in  the  territory  of  the 
Member State of which they are nationals; 

(d) business people and representatives of business organisations who regularly travel to the 
Member States; 

(e) journalists and the technical crew accompanying them in a professional capacity. 

By  way  of  derogation  from  the  first  sentence,  where  the  need  or  the  intention  to  travel 
frequently  or  regularly  is  manifestly  limited  to  a  shorter  period,  the  term  of  validity  of  the 
multiple-entry visa shall be limited to that period, in particular where 

- in the case of the persons referred to in lit. a, the term of office,  

-  in  the  case  of  the  persons  referred  to  in  lit.  b.  the  term  of  the  validity  of  the  status  as  a 
permanent member of an official delegation, 

- in the case of the persons referred to in lit. c, the period of validity of the authorisation for 
legal residence of citizens of Ukraine legally residing in the European Union,  

-  in  the  case  of  the  persons  referred  to  in  lit.  d  the  term  of  validity  of  the  status  as  a 
representative of the business organisation or the work contract, 

- in the case of the persons referred to in lit. e the work contract 

is less than five years. 

2.  Diplomatic  missions  and  consular  posts  of  the  Member  States  shall  issue  multiple-entry 
visas  with  the  term  of  validity  of  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: 

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

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

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

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

(e) participants in official exchange programmes organised by twin cities and other municipal 
entities; 

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

(g)  for  participants  in  official  EU  cross-border  cooperation  programmes,  such  as  under  the 
European Neighbourhood and Partnership Instrument (ENPI); 

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

(i) for representatives of the religious communities: 

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

(k)  persons  needing  to  visit  regularly  for  medical  reasons  and  necessary  accompanying 
persons. 

By  way  of  derogation  from  the  first  sentence,  where  the  need  or  the  intention  to  travel 
frequently  or  regularly  is  manifestly  limited  to  a  shorter  period,  the  term  of  validity  of  the 
multiple-entry visa shall be limited to that period. 

3.  Diplomatic  missions  and  consular  posts  of  the  Member  States  shall  issue  multiple-entry 
visas with the term of validity of a minimum of two years and a maximum of five years to the 
categories  of  persons  referred  to  in  paragraph  2  of  this  Article,  provided  that  during  the 
previous  two  years  they  have  made  use  of  the  one  year  multiple-entry  visas  in  accordance 
with the laws on entry and stay of the visited State unless the need or the intention to travel 
frequently  or  regularly  is  manifestly  limited  to  a  shorter  period,  in  which  case  the  term  of 
validity of the multiple-entry visa shall be limited to that period." 

[Article 6 of the Agreement 

Fees for processing visa applications] 

(7) 

(a) 

Article 6 shall be amended as follows: 

paragraph 3 shall be replaced by the following: 

"3.  The  Member  States  shall  charge  a  fee  of  EUR  70  for  processing  visas  in  cases  where, 
based  on  the  distance  between  the  applicant's  place  of  residence  and  the  place  where  the 
application has been submitted, the applicant has requested that a decision on the application 
be taken within three days of its submission, and the consulate has accepted to take a decision 
within three days." 

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(b) 

paragraph 4 shall be amended as follows: 

(i) 

the first sentence shall be replaced by the following: 

"4.  Without  prejudice  to  paragraph  5  fees  for  processing  the  visa  application  are 
waived for the following categories of persons:" 

(ii) 

in point (a) the following words shall be inserted: 

"or citizens of the European Union residing in the territory of the Member State of 
which they are nationals" 

(iii) 

in point (i) the following words shall be inserted: 

"and other municipal entities" 

(iv) 

in point (j) the following words shall be inserted: 

"and the technical crew accompanying them in a professional capacity" 

(v) 

the following points (o) to (s) shall be inserted: 

"(o) representatives of the religious communities; 

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

(q)  participants  aged  25  years  or  less  in  seminars,  conferences,  sports,  cultural  or 
educational events, organised by non-profit organisations; 

(r) representatives of civil society organisations undertaking trips for the purposes of 
educational training, seminars, conferences, including in the framework of exchange 
programmes; 

(s)  for  participants  in  official  EU  cross-border  cooperation  programmes,  such  as 
under the European Neighbourhood and Partnership Instrument (ENPI)." 

(vi) 

the following sentence shall be inserted: 

"The first sentence shall apply also where the purpose of the journey is transit." 

(c) 

the following paragraph shall be inserted: 

"5. If a Member State cooperates with an external service provider in view of issuing a visa 
the external service provider may charge a service fee. This fee shall be proportionate to the 
costs incurred by the external service provider while performing its tasks and shall not exceed 
EUR  30.  The  Member  States  shall  maintain  the  possibility  for  all  applicants  to  lodge  their 
applications directly at their consulates If applicants are required to obtain an appointment for 
the  lodging  of  an  application  the  appointment  shall,  as  a  rule,  take  place  within  a  period  of 
two weeks from the date when the appointment was requested." 

[Article 10 of the Agreement 

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Diplomatic passports] 

(8) 

(a) 

Article 10 shall be amended as follows: 

the title shall be replaced by the following: 

"Diplomatic and service passports"; 

(b) 

in  paragraph  2,  which  shall  be  renumbered  3,  the  words  "in  paragraph  1"  shall  be 
replaced by "in paragraphs 1 and 2"; 

(c) 

a new paragraph 2 shall be inserted as follows: 

"2.  Citizens  of  Ukraine,  holders  of  valid  biometric  service  passports  can  enter,  leave  and 
transit through the territories of the Member States without visas." 

(9) 

(a) 

(b) 

[Article 12 

Joint Committee for management of the Agreement] 

Article 12 paragraph 1 shall be amended as follows: 

in the first sentence the word "Community" shall be replaced by the word "Union"; 

in  the  second  sentence,  the  word  "Community"  shall  be  replaced  by  the  words 
"European  Union"  and  the  words  "Commission  of  the  European  Communities"  by 
the words "European Commission".  

[Article 13 of the Agreement 

Relation of this Agreement with bilateral Agreements between Member States and Ukraine] 

(10) 

The existing paragraph shall be numbered 1 and the following new paragraph 2 shall 
be inserted: 

"2.  The  provisions  of  bilateral  Agreements  or  arrangements  between  individual  Member 
States and Ukraine concluded before the entry into force of this Agreement providing for the 
exemption of the holders of non-biometric service passports from the visa requirement shall 
continue to apply without prejudice to the right of the Member States concerned or Ukraine to 
denounce or suspend these bilateral agreements or arrangements." 

Article 2 

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. 

Done at XXX, on the XXX day of XXX in the year two thousand and twelve, in duplicate in 
the  Bulgarian,  Czech,  Danish,  Dutch,  English,  Estonian,  Finnish,  French,  German,  Greek, 
Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish,  Portuguese,  Romanian,  Slovak, 

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Slovenian,  Spanish,  Swedish  and  Ukrainian  languages,  each  of  these  texts  being  equally 
authentic. 

For the European Union 

For Ukraine 

EUROPEAN UNION DECLARATION ON DOCUMENTS TO BE SUBMITTED 
WHEN APPLYING FOR SHORT-STAY VISAS 

The European Union will establish a harmonised list of supporting documents, in accordance 
with  Article  48  paragraph  1  lit.  a  of  the  Visa  Code,  in  order  to  ensure  that  applicants  from 
Ukraine are required to submit, in principle, the same supporting documents. 

EUROPEAN UNION DECLARATION ON FACILITATIONS FOR FAMILY 
MEMBERS 

The European Union takes note of the suggestion of Ukraine to give a wider definition to the 
notion  of  family  members  that  should  benefit  from  visa  facilitation  as  well  as  of  the 
importance  that  Ukraine  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 Ukraine legally residing in 
the  territories  of  Member  States  or  with  citizens  of  the  European  Union  residing  in  the 
territory  of  the  Member  State  of  which  they  are  nationals,  the  European  Union  invites  the 
Member States’ consular offices to make full use of the existing possibilities in the Visa Code 
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 ARTICLE 10 PARAGRAPH 2 OF THE 
AGREEMENT 

The European Union may invoke a partial suspension of the Agreement and in particular of 
Article 10 paragraph 2, in accordance with the procedure set up by Article 14 paragraph 5 of 
the Agreement, if the implementation of Article 10 paragraph 2 is abused by Ukraine or leads 
to a threat to public security. If the implementation of Article 10 paragraph 2 is suspended, the 
European Union shall initiate consultations in the framework of the Committee set up by the 
Agreement with a view to solving the problems that led to the suspension. 

JOINT DECLARATION CONCERNING SWITZERLAND AND LIECHTENSTEIN 

The  Parties  take  note  of  the  close  relationship  between  the  Union  and  Switzerland  and 
Liechtenstein,  particularly  by  virtue  of  the  Agreement  of  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 Switzerland and Liechtenstein and 
Ukraine  conclude,  without  delay,  bilateral  agreements  on  the  facilitation  of  the  issuance  of 
short-stay visas in similar terms as the amended Agreement. 

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