Proposal for a COUNCIL DECISION on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union 
Date: 2012-09-25
Institutions: European Commission
Subjects: Cabo Verde, EU visa policy, association agreement (EU)

EUROPEAN 
COMMISSION 

Brussels, 25.9.2012  
COM(2012) 560 final 

2012/0271 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Union and the Republic of 
Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of 
Cape Verde and of the European Union 

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EXPLANATORY MEMORANDUM 

1. 

POLITICAL AND LEGAL BACKGROUND 

Relations between the European Union and Cape Verde are governed by the revised ACP-EC 
Partnership Agreement signed on 23 June 2005. The revised Agreement entered into force on 
1 July 2008 as regards Cape Verde.  

During the early years of the twenty-first century, Cape Verde’s government and civil society 
expressed  the  wish  on  a  number  of  occasions  to  deepen  and  extend  their  relations  with  the 
European Union.  

On 24 October 2007, therefore, the Commission adopted a communication to the Council and 
to  the  European  Parliament  on  the  future  of  EU-Cape  Verde  relations  in  which  it 
acknowledged  the  special  and  strong  historical  relations  existing  between  the  two  parties, 
based on close human and cultural links and shared socio-political values. Cape Verde, like 
the European Union, embraces the values and principles of democracy and good governance 
and upholds human rights and the rule of law. The high standards and practices in the field of 
governance in which Cape Verde can justly be proud fully justify the further development of 
its relationship with the European Union. An annex to the communication set out a proposal 
for an action plan. 

The General Affairs and External Relations Council of 19 and 20 November 2007 approved 
conclusions supporting the communication, the introduction of a special partnership between 
the  EU  and  Cape  Verde  and  the  action  plan  for  implementing  it  as  proposed  by  the 
Commission.  The  ‘Special  Partnership’  aims  at  strengthening  political  dialogue,  policy 
convergence and cooperation between the two parties in new, sensitive sectors, going beyond 
the traditional donor-beneficiary relationship and creating a framework of mutual interests. 

integration, 

The action plan is based on the following priorities: good governance, security and stability, 
regional 
technology  and  standards 
convergence, a knowledge-based society, development and poverty alleviation. The measures 
envisaged  are  designed  to  strengthen  stability  and  security  and  include  initiatives  to  tackle 
migration.  

transformation  and  modernisation, 

In the context of the special partnership between the EU and Cape Verde and in the light of 
the Council conclusions of 10 December 2007 on mobility partnerships and circular migration 
in  the  framework  of  the  global  approach  to  migration,  a  joint  declaration  on  a  mobility 
partnership  between  the  European  Union  and  Cape  Verde  was  signed  on  5 June  2008  and 
launched on 28 July 2008. At points 5 and 12 of the declaration, the two parties undertook to 
develop a dialogue on short-stay visa matters and on questions of readmission. At points 3(i) 
and  6(v)  of  the  annex  to  the  declaration,  the  Commission  further  undertook  to  submit 
recommendations  to  the  Council  with  a  view  to  obtaining  directives  for  negotiating 
agreements with Cape Verde on facilitating the issue of short-stay visas and on readmission.  

Based on the above, on 14 November 2008 the Commission submitted a recommendation to 
the  Council  asking  for  its  authorisation  to  open  negotiations  with  Cape  Verde  on  an 
agreement to facilitate the issue of short-stay visas to citizens of the Republic of Cape Verde 
and of the European Union, and on readmission. 

Following  the  authorisation  given  by  the  Council  on  4 June  2009,  negotiations  with  Cape 
Verde on the agreement to facilitate the issue of short-stay visas to citizens of the Republic of 
Cape Verde and of the European Union started in Brussels on 13 July 2009. A second round 
of negotiations took place on 22 November 2011. Four technical meetings also took place: on 

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4 and 5 February 2010 in Praia and on 12 October 2010, 30 May and 13 September 2011 in 
Brussels. The negotiations were concluded in April 2012. 

The final text of the Agreement was initialled in Brussels on 24 April 2012 in the presence of 
José Manuel Barroso, President of the European Commission, and José Maria Neves, Prime 
Minister of Cape Verde. 

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 Agreement is Article 77(2)(a), in conjunction 
with Article 218, of the Treaty on the Functioning of the European Union (TFEU). 

The  Commission  signed  the  Agreement  on  ...  .  In  accordance  with  Article  218(6)(a)  of  the 
TFEU the European Parliament's consent for the conclusion of the Agreement was given on 
… The attached proposal constitutes the legal instrument for the conclusion of the Agreement. 
The Council will decide by qualified majority. 

The  proposed  decision  concerning  the  conclusion  of  the  Agreement  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, will represent the Union within 
the  Joint  Committee  set  up  by  Article  10  of  the  Agreement.  Under  Article  10(4),  the  Joint 
Committee may adopt its own rules of procedure. The Union position in this regard is to be 
established  by  the  Commission  in  consultation  with  a  special  committee  designated  by  the 
Council. As regards other decisions to be taken by the Joint Committee, the Union position is 
to be established in accordance with the applicable provisions of the Treaty. 

2. 

OUTCOME OF NEGOTIATIONS 

The Commission considers that the objectives set by the Council in its negotiating directives 
have been attained and that the draft Agreement is acceptable to the Union. 

The final content of the Agreement can be summarised as follows: 

the introduction of simplified criteria for issuing multiple-entry visas for the following 

- 
categories of persons: 

(a)  members  of  national  and  regional  governments  and  parliaments,  constitutional  courts, 
supreme  courts  and  courts  of  auditors,  permanent  members  of  official  delegations,  business 
people and representatives of business organisations, spouses, children who are under the age 
of  21  or  are  dependent,  and  parents  of  citizens  of  Cape  Verde  or  of  the  European  Union 
legally  residing  in  the  other  Party  or  residing  in  Cape  Verde  or  in  the  country  of  their 
nationality:  in  principle,  multiple-entry  visas  valid  for  five  years  are  to  be  issued.  Multiple-
entry visas with a shorter period of validity will be issued only 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) representatives of civil society organisations, practitioners of a liberal profession, persons 
taking  part  in  scientific,  cultural  and  artistic  activities,  participants  in  international  sports 
events and persons accompanying them in a professional capacity, journalists and accredited 
persons  accompanying  them  in  a  professional  capacity,  school  pupils,  students  and 
accompanying  teachers,  representatives  of  religious  organisations  recognised  in  Cape  Verde 
or  in  the  Member  States,  and  persons  visiting  regularly  for  medical  reasons;  participants  in 
official  exchange  programmes  organised  by  twinned  towns  or  municipal  authorities;  and 
members of official delegations: in principle, multiple-entry visas valid for one year are to be 
issued.  Multiple-entry  visas  with  a  shorter  period  of  validity  will  be  issued  only  where  the 

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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. Multiple-entry visas that are 
valid  for  at  least  two  years  and  at  most  five  years  will  be  issued  provided  that  during  the 
previous  two  years  the  applicant  has  made  good  use  of  a  one-year  multiple-entry  visas  and 
that  the  need  or  intention  to  travel  frequently  or  regularly  is  not  clearly  limited  to  a  shorter 
stay; 

- 
waiving of visa processing fees for certain categories of person: members of official 
delegations, children under 12, school pupils, students, researchers, participants aged 25 years 
or  less  in  seminars,  conferences  or  sports,  cultural  or  educational events,  organised  by  non-
profit organisations; 

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

the  extension,  free  of  charge,  of  visas  of  citizens  of  Cape  Verde  and  the  European 
- 
Union who are unable to leave the territory of the Member States or Cape Verde respectively 
by the date indicated in their visas for reasons of force majeure; 

the exemption from the visa requirement for short stays for citizens of Cape Verde and 
- 
of the European Union who are holders of diplomatic or service passports. A joint declaration 
states  that  each  party  may  invoke  suspension  of  the  provision  relating  to  visa  waiver  for 
holders of diplomatic or service passports (Article 8), if the implementation of this provision 
is abused by the other party or poses a threat to public security. The declaration also provides 
that, as a priority, Cape Verde and the European Union must undertake to ensure a high level 
of  security  for  diplomatic  and  service  passports,  in  particular  by  integrating  biometric 
identifiers; 

- 
the  possibility  for  citizens  of  Cape  Verde and  of  the  European  Union  who  have  lost 
their identity documents, or from whom these document have been stolen while staying in the 
territory of the host State, to leave the territory of Cape Verde or of the Member States on the 
basis of valid identity documents without any visa or other authorisation; 

at  Cape  Verde’s  specific  request,  no  provision  has  been  included  on  simplified 

- 
requirements for documents to be presented regarding the purpose of the journey; 

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the establishment of a joint committee for managing the Agreement; 

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provisions  governing  the  entry  into  force,  duration,  amendment,  suspension  and 
termination of the Agreement; since the agreements on facilitating the issue of short-stay visas 
and on readmission are linked, they should enter into force simultaneously; 

- 
a  protocol  has  been  concluded  stating  that,  in  accordance  with  Decision  No 
582/2008/EC  of  the  European  Parliament  and  of  the  Council  of  17 June  20081,  harmonised 
measures  have  been  taken  in  order  to  simplify  the  transit  of  holders  of  Schengen  visas  and 
Schengen residence permits through the territory of the Member States not yet fully applying 
the Schengen acquis; 

a  joint  declaration  on  the  harmonisation  of  information  on  procedures  for  issuing 

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short-stay visas and documents to be submitted when applying for short-stay visas; 

a  joint  declaration  on  cooperation  on  travel  documents  and  the  regular  exchange  of 

- 
information on document security; 

1 

OJ L 161, 20.6.2008, p. 30. 

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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. 

3. 

CONCLUSION 

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

- 
approve,  after  obtaining  the  consent  of  the  European  Parliament,  the  attached 
Agreement between the European Union and the Republic of Cape Verde on facilitating the 
issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union. 

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2012/0271 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Union and the Republic of 
Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of 
Cape Verde and of the European Union 

THE COUNCIL OF THE 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) 

(2) 

(3) 

(4) 

(5) 

(6) 

2 
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In accordance with Council Decision 2012/XXX of [...]3, the Agreement between the 
European Union and the Republic of Cape Verde on facilitating the issue of short-stay 
visas to citizens of the Republic of Cape Verde and of the European Union (hereinafter 
‘the Agreement’) 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. 
Provision  should  be  made  for  a  simplified  procedure  for  establishing  the  Union 
position in this regard. 

This Decision constitutes a development of the provisions of the Schengen acquis in 
which  the  United  Kingdom  does  not  take  part,  in  accordance  with  Council  Decision 
2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great 
Britain  and  Northern  Ireland  to  take  part  in  some  of  the  provisions  of  the  Schengen 
acquis4;  the  United Kingdom  is  therefore  not  taking  part  in  its  adoption  and  is  not 
bound by it or subject to its application. 

This Decision constitutes a development of the provisions of the Schengen acquis in 
which  Ireland  does  not  take  part,  in  accordance  with  Council  Decision  2002/192/EC 
of 28 February 2002 concerning Ireland's request to take part in some of the provisions 
of the Schengen acquis5; Ireland is therefore not taking part in its adoption and is not 
bound by it or subject to its application. 

In  accordance  with  Articles  1  and  2  of  the  Protocol  (No  22)  on  the  position  of 
Denmark,  annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty  on  the 
Functioning of the European Union, Denmark is not taking part in the adoption of this 
Decision and is not bound by it or subject to its application, 

OJ 
OJ 
OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 

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HAS ADOPTED THIS DECISION:  

Article 1 

The Agreement between the European Union and the Republic of Cape Verde on facilitating 
the  issue  of  short-stay  visas  to  citizens  of  the  Republic  of  Cape  Verde  and  of  the  European 
Union is hereby approved on behalf of the European Union. 

The text of the Agreement is attached to this Decision. 

The President of the Council shall designate the person empowered to make, on behalf of the 
European Union, the notification provided for in Article 12(1) of the Agreement, in order to 
express the consent of the European Union to be bound by the Agreement6. 

Article 2 

The  Commission,  assisted  by  experts  from  Member  States,  shall  represent  the  Union  in  the 
Joint Committee established by Article 10 of the Agreement. 

Article 3 

The position of the Union within the Joint Committee with regard to the adoption of its rules 
of  procedure  as  required  under  Article  10(4)  of  the  Agreement  shall  be  taken  by  the 
Commission after consultation with a special committee designated by the Council. 

Article 4 

This Decision shall enter into force on the date of its adoption. 

Done at Brussels,  

Article 5 

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 Union and the Republic of Cape Verde 

on facilitating the issue of short-stay visas 

to citizens of the Republic of Cape Verde and of the European Union 

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’, 

and 

THE REPUBLIC OF CAPE VERDE, hereinafter referred to as ‘Cape Verde’, 

Hereinafter referred to as ‘the Parties’, 

wishing  to  promote  contacts  between  their  peoples  as  an  important  factor  in  ensuring  the 
constant  development  of  economic,  humanitarian,  cultural,  scientific  and  other  ties  by 
facilitating the issue of visas to their citizens on the basis of reciprocity, 

having regard to the Joint Declaration of 5 June 2008 on a Mobility Partnership between the 
European  Union  and Cape Verde, in accordance with  which the Parties are to take steps to 
develop  a  dialogue  on  matters  relating  to  short-stay  visas,  with  a  view  to  facilitating  the 
mobility of certain categories of people, 

recalling  the  Cotonou  Partnership  Agreement  and  the  special  partnership  between  the 
European  Union  and  Cape  Verde,  approved  by  the  Council  of  the  European  Union  on 
19 November 2007, 

recognising that this should not encourage illegal immigration and paying special attention to 
security and readmission, 

taking into account 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 of Great Britain and Northern Ireland or 
to 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 the Kingdom of Denmark, 

HAVE AGREED AS FOLLOWS: 

Article 1 

Subject matter and scope 

The purpose of this Agreement is to facilitate, on the basis of reciprocity, the issue of visas to 
citizens of Cape Verde and the European Union for an intended stay of no more than 90 days 
per period of 180 days. 

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Article 2 

General clause 

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The measures to facilitate the issue of visas set out in this Agreement shall apply to 
1. 
citizens of Cape Verde and the European Union only in so far as they are not exempt from 
visa requirements under the laws and regulations of the European Union or its Member States 
or of Cape Verde, or under the present Agreement or other international agreements. 

2. 
The  national  law  of  Cape  Verde  and  of  the  Member  States  or  the  law  of  the  Union 
shall  apply  to  matters  not  covered  by  the  provisions  of  this  Agreement,  such  as  refusal  to 
issue a visa, recognition of travel documents, proof of sufficient means of subsistence, refusal 
of entry and expulsion measures. 

Article 3 

Definitions 

For the purposes of this Agreement: 

(a) 
‘Member  State’  shall  mean  any  Member  State  of  the  European  Union,  with  the 
exception of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and 
Northern Ireland; 

‘European  Union  citizen’  shall  mean  any  national  of  a  Member  State  as  defined  in 

(b) 
point (a); 

(c) 

‘citizen of Cape Verde’ shall mean any person with Cape Verde citizenship; 

(d) 
‘visa’ shall mean an authorisation issued or a decision taken by a Member State or by 
Cape Verde which is required with a view to entering, for transit purposes or for an intended 
stay of no more than 90 days in total, the territory of that Member State or of several Member 
States or the territory of Cape Verde; 

(e) 

‘legal resident’ shall mean: 

in the case of the European Union, any citizen of Cape Verde authorised or entitled to stay for 
more  than  90  days  in  the  territory  of  a  Member  State,  on  the  basis  of  Union  or  national 
legislation.  

in the case of Cape Verde, any citizen of the European Union, as defined in point (b), holding 
a residence permit in accordance with national legislation. 

Article 4 

Issue of multiple-entry visas 

Diplomatic  missions  and  consular  posts  of  the  Member  States  and  of  Cape  Verde 

1. 
shall issue multiple-entry visas valid for five years to the following categories of citizen:  

(a)  members  of  national  and  regional  governments  and  parliaments,  constitutional  courts, 
supreme courts or courts of auditors, if they are not exempt from visa requirements under this 
Agreement, in the exercise of their duties; 

(b) permanent members of official delegations who, following an official invitation addressed 
to  Cape  Verde,  the  Member  States  or  the  European  Union,  take  part  in  meetings, 
consultations,  negotiations  or  exchange  programmes,  or  in  events  in  the  territory  of  the 
Member States or Cape Verde organised on the initiative of intergovernmental organisations; 

(c) business people and company representatives who regularly travel to the Member States 
or to Cape Verde; 

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(d)  spouses,  children  (including  adopted  children)  who  are  under  the  age  of  21  or  are 
dependent, and relatives visiting either: 

- citizens of Cape Verde legally resident in the territory of a Member State or citizens of the 
European Union legally resident in Cape Verde, or 

- citizens of the European Union resident in the Member State of their nationality, or citizens 
of Cape Verde resident in Cape Verde. 

However,  if  the  need  or  intention  to  travel  frequently  or  regularly  is  clearly  limited  to  a 
shorter stay, the validity of the multiple-entry visa shall be limited to this stay, in particular 
where 

- the term of office, in the case of those covered by point (a) above,  

-  the  term  of  office  of  a  permanent  member  of  an  official  delegation,  in  the  case  of  those 
covered by point (b) above, 

- the duration of the positions as business people and company representatives, in the case of 
those covered by point (c) above, or 

- the duration of the residence permits issued to Cape Verde citizens residing in the territory 
of a Member State and European Union citizens residing in Cape Verde, in the case of those 
covered by point (d) above, 

is less than five years. 

Diplomatic missions and consular posts of the Member States and Cape Verde shall 
2. 
issue multiple-entry visas valid for one year to the following categories of citizens, provided 
that during the previous year they have obtained at least one visa and that they have made use 
of  it  in  accordance  with  the  laws  on  entry  and  residence  in  the  territory  of  the  State  in 
question: 

(a) representatives of civil society organisations travelling regularly to Member States or to 
Cape  Verde  for  the  purposes  of  educational  training  or  to  take  part  in  seminars  and 
conferences, including as part of exchange programmes; 

(b) practitioners of a  liberal profession taking part in international  exhibitions, conferences, 
symposia, seminars or other similar events who regularly travel to the Member States or to 
Cape Verde; 

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

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

(e) journalists and accredited persons accompanying them in a professional capacity; 

(f) school pupils, students, post-graduate students and accompanying teachers who undertake 
trips for the purposes of study or educational training, including exchange programmes and 
other school-related activities; 

(g)  representatives  of  religious  organisations  recognised  in  Cape  Verde  or  in  the  Member 
States who regularly travel to the Member States or to Cape Verde; 

(h) persons visiting regularly for medical reasons; 

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(i)  participants  in  official  exchange  programmes  organised  by  twinned  towns  or  municipal 
authorities; 

(j)  members  of  official  delegations  who,  following  an  official  invitation  addressed  to  Cape 
Verde,  the  Member  States  or  the  European  Union,  regularly  take  part  in  meetings, 
consultations,  negotiations  or  exchange  programmes,  and  in  events  in  the  territory  of  the 
Member  States  or  of  Cape  Verde  organised  on  the  initiative  of  intergovernmental 
organisations. 

However,  if  the  need  or  intention  to  travel  frequently  or  regularly  is  clearly  limited  to  a 
shorter stay, the validity of the multiple-entry visa shall be limited to the length of this stay. 

3. 
Diplomatic  missions  and  consular  posts  of  the  Member  States  and  of  Cape  Verde 
shall issue multiple-entry visas that are valid for at least two years and at most five years to 
citizens  in  the  categories  referred  to  in  paragraph  2  of  this  Article  provided  that  during  the 
previous two years they have made use of a one-year multiple-entry visas in accordance with 
the laws on entry and residence in the territory of the host State. 

However,  if  the  need  or  intention  to  travel  frequently  or  regularly  is  clearly  limited  to  a 
shorter stay, the validity of the multiple-entry visa shall be limited to the length of this stay. 

The  total  period  of  residence  of  the  persons  referred  to  in  paragraphs  1  to  3  of  this 
4. 
Article shall not exceed 90 days per period of 180 days in the territory of the Member States 
or of Cape Verde. 

Article 5 

Visa fees and service charges 

Without prejudice to the provisions of paragraph 2, the Member States or Cape Verde 

1. 
shall not collect visa fees from the following categories of people: 

(a)  members  of  official  delegations  who,  following  an  official  invitation  addressed  to  Cape 
Verde,  the  Member  States  or  the  European  Union,  take  part  in  meetings,  consultations, 
negotiations  or  official  exchange  programmes,  or  in  events  in  the  territory  of  the  Member 
States or of Cape Verde organised by intergovernmental organisations; 

(b) children under 12 years of age; 

(c)  school  pupils,  students,  postgraduate  students  and  accompanying  teachers  travelling  for 
study or educational purposes;  

(d) researchers travelling for the purposes of scientific research;  

(e) participants no older than 25 years of age taking part in seminars, conferences or sports, 
cultural or educational events organised by non-profit organisations.  

2. 
Where the Member States or Cape Verde cooperate with an external service provider, 
service  charges  may  be  collected.  The  service  charge  shall  be  proportionate  to  the  costs 
incurred by the external service provider in the performance of the tasks, and shall not exceed 
EUR 30. Cape Verde and the Member State or States concerned shall maintain the possibility 
for all applicants to lodge their applications directly at its/their consulates. 

Article 6 

Departure in the case of lost or stolen documents 

Citizens of Cape Verde and of the European Union who have lost their identity documents, or 
from  whom  these  document  have  been  stolen  while  staying  in  the  territory  of  the  Member 

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States  or  of  Cape  Verde,  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 Cape Verde without any visa or other authorisation.  

Article 7 

Extension of visa in exceptional circumstances 

Citizens of Cape Verde and the European Union who are unable to leave the territory of the 
Member States or Cape Verde respectively by the date indicated in their visas for reasons of 
force majeure shall have their visas extended free of charge in accordance with the legislation 
applied by the host State for the period necessary for their return to their State of residence.  

Article 8 

Diplomatic and service passports 

1. 
Citizens of Cape Verde or the Member States who are holders of valid diplomatic or 
service passports can enter, leave and transit through the territories of the Member States or 
Cape Verde without visas.  

The citizens referred to in paragraph 1 of this Article may stay in the territories of the 

2. 
Member States or Cape Verde for a period not exceeding 90 days per period of 180 days. 

Article 9 

Territorial validity of visas 

Subject  to  the  national  rules  and  regulations  concerning  national  security  applied  by  the 
Member  States  and  Cape  Verde,  and  subject  to  EU  rules  on  visas  with  limited  territorial 
validity, citizens of Cape Verde and the European Union shall be entitled to travel within the 
territory of the Member States and Cape Verde under the same conditions as Cape Verde and 
European Union citizens respectively. 

Article 10 

Joint Committee for the management of the Agreement 

1. 
The  Parties  shall  establish  a  Joint  Committee  to  manage  the  Agreement  (hereinafter 
‘the Committee’) consisting of representatives of the Union and of Cape Verde. The Union 
shall  be  represented  on  the  Committee  by  the  European  Commission,  assisted  by  experts 
from the Member States. 

2. 

(a) 

(b) 

The Committee shall, in particular, have the following tasks: 

monitoring the implementation of the Agreement; 

proposing amendments or additions to the Agreement; 

settling disputes arising from the interpretation or application of the provisions in the 

(c) 
Agreement. 

The Committee shall meet whenever necessary at the request of either of the Parties 

3. 
and at least once a year. 

4. 

The Committee shall lay down its own rules of procedure.  

Article 11 

Relationship between this Agreement and agreements 
between the Member States and Cape Verde 

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From  its  entry  into  force,  this  Agreement  shall  take  precedence  over  the  provisions  of  any 
bilateral or multilateral agreements or arrangements concluded between Member States and 
Cape Verde, in so far as the provisions of those agreements or arrangements relate to matters 
that are dealt with by this Agreement. 

Article 12 

Final clauses 

This Agreement shall be ratified or approved by the Parties in accordance with their 
1. 
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. 

2. 
By way of derogation from paragraph 1 of this Article, this Agreement shall enter into 
force only on the date of the entry into force of the Agreement on readmission between the 
European Union and Cape Verde if that date is after the date provided for in paragraph 1 of 
this Article. 

This Agreement is concluded for an indefinite period, unless terminated in accordance 

3. 
with paragraph 6 of this Article. 

4. 
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. 

Either  Party  may  suspend  this  Agreement  in  whole  or  in  part  for  reasons  of  public 
5. 
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. 

Either Party may terminate this Agreement by giving written notice to the other Party. 

6. 
The Agreement shall cease to apply 90 days after the date of receipt of such notification. 

Done  at  Brussels  on  24 April 2012,  in  duplicate  in  the  Bulgarian,  Czech,  Danish,  Dutch, 
English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, 
Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, 
each of these texts being equally authentic. 

For the European Union 

For the Republic of Cape Verde 

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PROTOCOL TO THE AGREEMENT ON THE MEMBER STATES THAT DO NOT 
FULLY APPLY THE SCHENGEN ACQUIS 

The  Member  States  which  are  bound  by  the  Schengen  acquis  but  which  do  not  yet  issue 
Schengen  visas  pending  the  relevant  Council  decision  to  that  end,  shall  issue  national  visas 
the validity of which is limited to their own territory. 

In accordance with Decision No 582/2008/EC of the European Parliament and of the Council, 
harmonised measures have been taken in order to simplify the transit of holders of Schengen 
visas and Schengen residence permits through the territory of the Member States not yet fully 
applying the Schengen acquis. 

JOINT DECLARATION ON ARTICLE 8 OF THE AGREEMENT CONCERNING 
DIPLOMATIC AND SERVICE PASSPORTS 

Either Party may invoke a partial suspension of the Agreement and in particular of Article 8, 
in accordance with the procedure set out in Article 12(5), if the implementation of Article 8 
leads to abuse by the other Party or to a threat to public security. 

If the implementation of Article 8 is suspended, the two Parties 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. 

As  a  priority,  both  Parties  undertake  to  ensure  a  high  level  of  security  for  diplomatic  and 
service passports, in particular by integrating biometric identifiers. For the European Union, 
this  will  be  ensured  in  accordance  with  the  requirements  set  out  in  Regulation  (EC)  No 
2252/2004. 

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

Recognising  the  importance  of  transparency  for  visa  applicants,  the  Parties  consider  that 
appropriate measures should be taken: 

in general, to draw up a list of basic information for applicants on the procedures and 
- 
conditions  for  applying  for  visas,  on  the  visas  themselves  and  on  the  validity  of  the  visas 
issued;  

in the case of each Party, to draw up a list of minimum requirements in order to ensure 
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that applicants are given basic, coherent and uniform 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 the Internet, etc.). 

JOINT DECLARATION CONCERNING THE KINGDOM OF 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.  

It is therefore desirable that the authorities of Denmark and of Cape Verde should conclude, 
without  delay,  a  bilateral  agreement  on  facilitating  the  issue  of  short-stay  visas,  in  terms 
similar to those in the Agreement between the European Union and Cape Verde. 

JOINT DECLARATION CONCERNING IRELAND AND THE UNITED KINGDOM 
OF GREAT BRITAIN AND NORTHERN IRELAND 

The Parties take note that the present Agreement does not apply to the territory of Ireland or 
of the United Kingdom of Great Britain and Northern Ireland.  

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It  is  therefore  desirable  that  the  authorities  of  the  United  Kingdom  of  Great  Britain  and 
Northern Ireland, Ireland and Cape Verde should conclude bilateral agreements on facilitating 
the issue of visas. 

JOINT DECLARATION CONCERNING THE REPUBLIC OF ICELAND, THE 
KINGDOM OF NORWAY, THE SWISS CONFEDERATION AND LIECHTENSTEIN 

The Parties take note of the close relationship between the European Union and the Republic 
of Iceland, the Kingdom of Norway, the Swiss Confederation 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.  

It  is  therefore  desirable  that  the  authorities  of  the  Republic  of  Iceland,  the  Kingdom  of 
Norway,  the  Swiss  Confederation,  Liechtenstein  and  Cape  Verde  should  conclude,  without 
delay,  bilateral  agreements  on  facilitating  the  issue  of  short-stay  visas,  in  terms  similar  to 
those set out in this Agreement. 

JOINT DECLARATION ON COOPERATION ON TRAVEL DOCUMENTS 

The  Parties  agree  that  when  monitoring  the  implementation  of  the  Agreement,  the  Joint 
Committee established under Article 11 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,  for  developing  the  technical  aspects  of  travel  document  security,  and 
regarding the personalisation process in the issue of travel documents. 

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