COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT Implementation and development of the common visa policy to spur growth in the EU
Date: 2012-11-07
Institutions: European Commission
Subjects: Australia, China, EU visa policy, Italy, Poland, Schengen Information System, United States, administrative formalities, economic consequence, electronic document, tourism

EUROPEAN 
COMMISSION 

Brussels, 7.11.2012  
COM(2012) 649 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Implementation and development of the common visa policy to spur growth in the EU 

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COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

Implementation and development of the common visa policy to spur growth in the EU 

Today, the Commission is invited to adopt two important texts in the area of visa policy: 

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– 

A proposal for a Regulation amending the lists of visa requiring and visa exempted 
third countries (Regulation 539/2001); and 

A report on the functioning of the Local Schengen Cooperation. 

This  is  the  occasion,  in  light  of  the  Declaration  of  the  4th  T20  meeting  held  in  Mérida, 
Mexico, on 16 May 2012 and endorsed by G20 Ministers, to consider the economic impact 
of visa policy on the wider EU economy, and in particular on tourism, and to explore how 
this can be taken into account to ensure greater coherence with the growth objectives of the 
Europe2020 strategy.  

A smarter visa policy should continue to provide security to our external borders and the 
good functioning of the Schengen area whilst at the same time facilitate travel opportunities 
for  legitimate  travellers,  including  tourists.  A  lot  can  be  achieved  already  within  the 
present legal framework of the Visa Code.  

Given  the  current  economic  downturn  we  should  strive  to  increase  tourist  flows  to  Europe. 
The  US,  for  example,  although  very  security  sensitive  has  already  recognised  the  potential 
economic  gains  from  visa  facilitation  and  has  enacted  recently  a  national  strategy  in  this 
regard1. In the EU we have recently had calls from the Ministers of Tourism of Italy, Ireland2 
as well as German authorities for visa facilitation measures to be undertaken.  

This  paper  is  meant  to  initiate  such  a  debate  at  EU  level.  First,  it  identifies  certain 
shortcomings in the implementation of current procedures and explores initiatives that could 
be  envisaged  to  ensure  an  optimised  implementation  of  the  Visa  Code.  Second,  it  also 
suggests  some  ideas  towards  future  amendments  of  the  visa  rules  that  should  be  further 
explored. 

1. 

Impact of visa facilitation on EU tourism industry 

Tourism  has  become  one  of  the  biggest  generators  of  employment  and  earnings  in  the 
European  Union  and  a  key  driver  for  economic  growth  and  development.  The  total 
contribution of travel and tourism to employment is estimated at 18.8 million jobs in 2011 and 
is likely to rise to 20.4 million jobs by 2022. Foreign visitor spending amounted to USD 423 
billion in 2011 and is expected to grow to USD 547 billion in 20223. 

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Executive  Order  of  President  Obama  of  19  January  2012.  The  "Visa  Improvements  to  Stimulate 
International  tourism  to  the  United  States  of  America  Act"  is  currently  being  discussed  in  the  US 
Congress. 
Ireland does however not participate in the EU's common visa policy. 
World Travel & Tourism Council, Travel & Tourism Economic Impact 2012, European Union. 

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However, there is a large untapped potential for growth from tourists from emerging markets. 
The  number  of  tourists  visiting  Europe  from  Brazil  and  Russia  has  doubled  in  recent  years 
and tourist flows from China and India are increasing rapidly too4. This is also clear from the 
visa statistics: around 460 000 Schengen visas were issued in India in 2011; the number was 
340 000 in 2007. In China, there is also a significant increase, from 560 000 visas issued in 
2008 to 1 026 000 in 2011. In Russia around 5 152 000 visas were issued in 2011, against 3 
500  000  in  2007.  This  is  a  world-wide  trend.  So  far  this  year,  the  number  of  US  visa 
applications from Chinese and Brazilian nationals in 2011 has increased by about 40% 5.  

It is felt that more can be done. We should aim at substantially increasing tourism flows from 
those countries presenting a high tourist generating potential as well as a growing purchasing 
power from a greater segment of their populations. Yet market estimates6 indicate that 21% of 
potential  tourists  from  emerging  markets  give  up  their  travel  plans  to  Europe  due  to  visa 
requirements.  

Research  by  Tourism  Economics7  on  the  impacts  of  visa  facilitation  on  job  creation  in  the 
G20 economies (May 2012) reveals, by use of model data based on the benefits observed in 
historic  policy  changes  in  several  countries8,  that  visa  facilitation  has  historically  increased 
international tourist arrivals of affected markets by 5-25%. This generates income and has an 
immediate and direct effect on employment.  

According  to  Tourism  Economics  estimates  based  on  different  scenario's,  the  EU-Schengen 
area9  has  the  potential  to  gain  between  8  and  46  million  additional  inbound  international 
tourists  by  2015  if  the  flexibility  in  the  current  visa  rules  is  fully  exploited,  which  could 
generate an additional income of between EUR 11-60 billion in international tourism receipts 
(exports) and create between 100 000 to 500 000 additional jobs directly in the tourism sector. 
According  to  these  same  Tourism  Economics  estimates,  total  job  creation  (including  both 
indirect and induced impact) could reach between 200 000 and 1.1 million by 2015.  

The cruise industry also represents a segment that merits consideration. Despite the economic 
slowdown, the total contribution of the global cruise industry to the European economy rose 
to  a  record  EUR  36.7  billion  in  2011  (from  EUR  35.2  billion  in  2010)10.  An  estimated  5.6 
million passengers embarked in Europe alone (a 7.1% increase over the previous year). Cruise 
ships  have  also  brought  an  estimated  14.3  million  crew  to  European  ports,  of  which  an 
estimated  5.7  million  disembarked  and  made  purchases  totalling  an  estimated  EUR  120 
million.  It  should  be  ensured  that  Member  States  continue  to  issue  multiple  entry  visas  to 

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Of  these  4  emerging  countries,  Brazil  is  the  only  one  whose  citizens  do  not  need  a  visa  to  enter  the 
Schengen area at present. There are however visa facilitations already in place for Russian travellers, 
formalised in a Visa Facilitation Agreement which is currently being upgraded. 
White House Press Release of 19 January 2012. 
ETOA Origin Market Report 2010 "Europe: Open for Business?".  
Tourism  Economics,  Report  on  “The  Impact  of  Visa  Facilitation  on  Job  Creation  in  the  G20 
Economies”,  May  2012  (report  prepared  for  the  4th  T20  Tourism  Ministers’  Meeting,  Mexico,  15-16 
May)  
USA  Visa  Waiver  Programme  Expansion,  Australia  ETA  Program,  UK  visa  policy  for  Taiwan  and 
South Africa, India visa on arrival program, Canada visa policy for Mexico, Republic of Korea's visa 
policy for China,  
EU-Schengen = AT, BE, CZ, DE, DK, EE, EL (GR), ES, FI, FR, HU, IT, LT, LU, LV, MT, NL, PL, 
PT, SE, SI, SK and 4 Non-EU associated countries: CH, NO, IS, LI. 
The  Cruise  Industry,  Contribution  of  Cruise  Tourism  to  the  Economics  of  Europe,  European  Cruise 
Council report, 2012. 

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cruise tourists and crew members so that their expenditure in European ports and the cruise 
industry's overall contribution to the European economy continues to grow.  

Already  in  2010,  the  Commission  stated  that  it  would  examine  the  various  possibilities  and 
instruments under the policy on visas and external border crossings in order to make optimum 
use  of  them.11  The  following  year  the  EP  invited  the  Commission  to  come  up  with  a  more 
coordinated and simplified visa procedure. The impact of visas policy on tourism flows has 
also been addressed by EU Tourism Ministers in Madrid in 2010 and in Krakow in 2011.  

More recently, this subject was on the agenda of the Tourism Ministers meeting of the G20 
(the so-called T-20) in Mérida, Mexico on 16 May. On that occasion, a declaration focusing 
on  "Tourism  as  a  means  to  job  creation"  was  adopted.  It  recognises  that  visa  facilitation 
processes could lead to an additional USD 206 billion in revenue while creating 5.1 million 
new jobs in G20 countries.  Therefore, the T-20 Declaration asks, inter alia, for bilateral, 
regional  and 
facilitation 
arrangements to allow international visitors to move more freely and efficiently. This is 
indeed something that the Schengen area is already contributing to and should further 
improve in order to boost economic activity and job creation.  

international  cooperation  on  visa  and  other 

travel 

Visa facilitation will not only bring economic benefits but it will also make it easier for EU 
citizens to be joined by their non-EU family members and travel within the EU. 

It is now the time to explore how the EU can push forward with concrete action in this regard. 

2. 

Visa facilitation improvements under the Visa Code 

Compared  with  the  situation  before  its  adoption,  the  Visa  Code12  represents  a  fundamental 
progress in that it greatly improves the visa procedures. 

The  more  substantial  improvements  include:  clear  time  limits  for  the  main  steps,  the 
harmonisation of procedures, the regulation of outsourcing to external service providers, the 
possibility  of  establishing  common  application  centres,  the  determination  of  cases  when 
multiple  entry  visas  should  be  issued,  the  motivation  of  visa  refusals  and  the  possibility  to 
appeal  such  decisions,  the  requirement  to  provide  application  forms  in  the  language  of  the 
host country, and the legal obligation to establish local Schengen cooperation. 

If  correctly  implemented,  the  Visa  Code  greatly  modernises  and  standardises  the  visa 
procedures. There is, however, room for improvement, as the optimal implementation of the 
Visa Code has not yet been achieved across the board.  

The EU tourism industry identified the following measures, related to provisions of the Visa 
Code,  to  facilitate  visa  issuing  procedures.  Most  of  these  obstacles  can  be  removed  by  a 
correct implementation by Member States' consulates of the Visa Code to be monitored 
by the Commission: 

1) Time limit for granting an appointment 

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COM  (2010)  352  final  "Europe,  the  world's  No  1  tourist  destination –  a  new  political  framework  for 
tourism in Europe", section 5.4. 
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). It entered into force on 5 April 2010. 

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→ Enforce the 15 days deadline for granting an appointment in accordance with Art. 9 (2) of 
the Visa Code; 

2) Applications by commercial intermediaries 

→  Make  better  use  of  the  possibility  to  introduce  visa  applications  through  commercial 
intermediaries  (travel  agents,  for  example,  if  they  are  trustworthy),  without  prejudice  to  the 
Visa Information System (VIS)13, in accordance with Article 9 (4) of the Visa Code. 

3) Time limit for a decision 

→  Enforce  the  15  days  deadline  for  a  decision  on  the  visa  application  in  accordance  with 
Article 23 of the Visa Code also before peak holiday periods;  

4) Availability of the required forms in the required languages 

→  Ensure  that  in  all  consulates  application  forms  are  available  in  the  language  of  the  host 
country in accordance with Article 11 (3) of the Visa Code; 

5) Supporting documents 

→  Assess  the  need  for  a  common  reduced  list  of  supporting  documents  in  Local  Schengen 
Cooperation; 

6) Validity and multiple entry visas (MEVs)  

Since  the  entry  into  force  of  the  Visa  Code,  there  has  been  an  important  increase  in  the 
number  of  MEVs  issued  (34%  in  2010,  almost  39%  in  2011).  However,  there  is  room  for 
further  improvement  of  the  mandatory  issuing  of  MEVs  with  a  long  period  of  validity 
(between 6 months and 5 years) under the conditions defined by Article 24(2)(a) and (b) of 
the Visa Code and of the issuing of visas with a shorter period of validity but with multiple 
entries under Article 24(1).  

7) Treatment of visitors 

→Improve  accessibility  of  the  offices  by  the  public,  in  particular  in  terms  of  improved 
consular  presence  through  the  territory  of  the  third  country  concerned.  In  this  respect,  the 
establishment of new Visa Common Application Centres should be encouraged.  

Some  Member  States  and  several  third  countries  already  have  introduced  visa  facilitation 
measures to facilitate the issuance of visas (see Annex).  

In  this  context,  Local  Schengen  Cooperation  (LSC)  is  essential  for  the  harmonised 
implementation  of  the  common  EU  visa  policy  and  the  EU  Delegations'  involvement  is 
indispensable  to  ensure  coherence  and  continuity  in  the  area  of  mobility  which  is  of 
increasing importance in the overall external relations. 

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Such intermediaries cannot collect biometric identifiers, so first-time applications under the VIS would 
need  to  appear  in  person  at  a  consulate  or  an  external  service  provider  authorised  to  collect  the 
biometric identifiers of the visa applicants on behalf of Member States' consulates. 

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The first report on the LSC, adopted by the College simultaneously with the discussion of this 
document,  contains  recommendations  to  all  actors  (Member  States'  central  authorities  and 
their consular staff; EU Delegations and Commission) in view of optimising the LSC. 

3. 

Possible changes of the visa rules in the future 

The  Commission's  report  on  the  implementation  of  the  Visa  Code  during  its  first  three 
years,  to  be  issued  in  2013,  will  offer  an  additional  opportunity  to  further  explore  ways  to 
improve and facilitate procedures for bona fide travellers while continuing to allow to address 
the risks posed for irregular migration or security by some travellers:  

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streamlining  and  shortening  the  procedures  (reconsidering  all  steps  of  the 
procedure  including  lodging  of  the  visa  application  by  intermediaries/travel 
agencies, and prior consultation),  

clarifying  the  definition  of  the  competent  consulate  for  processing  the  visa 
application, 

simplifying the application form, 

simplifying the supporting documents requirements,  

clarifying the rules on visa fee waivers, 

clarifying the rules on the issuing of multiple entry visas, 

in  order  to  enhance  consular  coverage,  improving  consular  organisation  and 
cooperation,  e.g.  by  redefining  the  legal  framework  for  Common  Application 
Centres, facilitating the establishment of such centres and their functioning, 

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enhance Local Schengen Cooperation in order to make it more efficient, 

When exploring such improvements, the benefits flowing both for consulates and applicants 
from the implementation of the VIS should be duly taken into account. 

The  most  effective  visa  facilitation,  of  course,  is  the  waiving  of  the  visa  requirement  for 
citizens  of  a  third  country  by  transferring  third  countries  from  the  negative  list  into  the 
positive list attached to Reg. 539/2001. 

With regard to the revision of the lists of countries of Regulation 539/2001 at its initiative, the 
Commission has traditionally made a case-by-case assessment of a variety of criteria relating 
inter  alia  to  irregular  immigration,  public  policy  and  security,  and  to  the  European  Union's 
external  relations  with  third  countries,  consideration  also  being  given  to  the  implications  of 
regional  coherence  and  reciprocity.  Although  this  list  of  criteria  is  not  exhaustive,  the 
economic impact of visa policy has not really been taken into account in the past. This trend 
needs to be reversed if the EU is to benefit from an increase in tourism flows from emerging 
economies. For this reason, a methodology will be developed by the Commission so that the 
next  revision  of  the  lists  of  countries  (planned  for  2013)  takes  into  account  in  a  better  way 
economic considerations. At the end, however, a balance needs to be found which also meets 
the requirements of the common visa policy as an instrument to ensure the good functioning 
of the Schengen area without internal borders. 

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For  many  third  countries,  visa  liberalisation  will  be  the  ultimate  objective  requiring  a  high 
level of commitment and with high political impact – it is the ending point of a long process. 
In case a visa waiver is not immediately feasible, it is also worth noting the benefits of visa 
facilitation  agreements,  while  recognising  the  need  to  review  their  structure  and  content  in 
order to make them tailor-made to the circumstances of the third country concerned and more 
effective  for  their  intended  beneficiaries.  It  must  be  noted  that  a  proposal  amending 
Regulation 539/2001 which is currently being discussed by the co-legislators, foresees a new 
visa suspension mechanism allowing the temporary suspension of the visa waiver for a third 
country  whose  nationals  are  exempted  from  the  visa  obligation  in  case  of  an  emergency 
situation,  where  an  urgent  response  needs  to  be  given  to  solve  difficulties  faced  by  one  or 
more Member States arising from the abuse of the visa-free travel regime.  

Additionally,  technological  developments  should  also  be  taken  into  account  in  the  visa 
policy.  For  example,  the  UN  World  Tourism  Organization  considers  that  an  electronic  visa 
system has demonstrated considerable advantages from the perspectives of both security and 
facilitation, when robustly applied.14 The developments of technological specifications in that 
area could have a significant potential, as recognised in the T20 meeting declaration. 

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World  Tourism  Organization,  "eVisas:  A  pressing  need  for  global  standards,  specifications  and 
interoperability",  Working  Paper  presented  at  the  37th  Assembly  of  the  International  Civil  Aviation 
Organization (2010). 

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Current good practices on visa issuance in Member States and third countries 

ANNEX  

The Italian Example 

In February 2011 ENIT (National Tourism Board) and the Italian Ministry of Foreign Affairs 
signed  a  cooperation  agreement  to  increase  tourist  flows  towards  Italy  by  strengthening  the 
capacity of diplomatic missions and consular posts to respond rapidly and efficiently to visa 
demands.  The  priority  locations  included  Moscow,  Beijing  and  New  Delhi,  St.  Petersburg, 
Guangzhou, Shanghai and Mumbai. 

According to an ANSA press release of October 2011, in the period 1 January to 31 August 
2011,  visa  issued  in  China  increased  by  100%  when  compared  to  the  same  period  in  the 
previous year, further to the efforts deployed in simplifying procedures and waiting time. 

According to the Italian National Tourist Observatory (elaborating data from Banca d'Italia), 
this positive trend is confirmed by the following provisional estimates: 

# travellers (in 000):  2010: 149 

2011: 225 

# nights spent in accommodation (in 000):  2010: 1 768  2011: 1 971 

Expenditure (in million EUR): 

2010: 199 

2011: 249 

Change (% 2010/2011) 

Travellers: 51% 

Nights: 11,5% 

Expenditures: 25,1% 

The Polish example 

An example of simplification, to be further analysed in order to fully understand the concrete 
benefits it brought, is the 'fast track procedure' put in place by the Polish authorities for the 
European Football Championship, which was hosted by both Poland and Ukraine in June/July 
2012. 

Both  Ukrainian  and  Russian  participants  in  the  tournament  (players,  referees,  doctors, 
activists,  FIFA,  UEFA  and  the  national  federations)  and  UEFA  accredited  received  a  visa 
covering  the  period  of  the  tournament  with  the  right  of  multiple  entry.  Visas  were  issued 
according  to  a  simplified  procedure,  without  the  obligation  to  appear  in  person  at  the 
Consulate and no consular fees. 

Both Ukrainian and Russian supporters received visas on the basis of the original valid ticket 
for the matches, or a document confirming their right to receive a ticket at the entrance to the 
stadium.  They  had  the  opportunity  to  submit  their  visa  applications  electronically  on  an 
official website and obtain a faster appointment at the consulate. Those who did not manage 
to  obtain  an  appointment  online,  benefitted  from  priority  "green  corridors"  set  in  order  to 
minimize  the  waiting  period  (sources:  official  website  of  the  Polish  Government  and  the 
Ministry of Foreign Affairs – Russian Desk). 

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The "Approved Destination Status China" system  

The Approved Destination Status (ADS) scheme is a bilateral tourism arrangement between 
the  Chinese  National  Tourism  Administration  and  a  foreign  destination.  Chinese  people 
travelling to EU can apply for visa in group through approved Travel Agents who lodge the 
visa applications for a group of clients. The agreement between CNTA and the EC was signed 
in 2004. 

The latest figures as collected by the EU delegation to China show that the number of ADS 
visas issued in China by Schengen bodies are steadily increasing.  

ADS visas issued  in  2009  were 96  093, and became 209 981 in 2010. By September 2011, 
MS had  issued  170  141 ADS visas,  meaning that over 80% of  the  previous year's total had 
already been reached. 

Over the past years the refusal rate has remained consistently low (a rate of approximately 5% 
was recorded across all Member States). 

Spain and France organised specific courses for ADS Travel Agents in 2010 in Beijing aided 
by the EU Delegation, which has contributed to speeding up of procedures. 

The Australian example 

Australia offers a variety of visa types, depending on the precise purpose/length of the stay. 
For potential tourists three types of e-visa exist: 

(1) 

(2) 

(3) 

Electronic Travel Authorisation or ETA 

E-visitor; 

E-676 

Type  1  costs  AUD  20,  allows  multiple  entry  for  periods  no  longer  than  three  months  each, 
and is valid for one year. Also airlines and travel agents can provide customers with this e-
visa, together with their plane tickets. EU nationals apart some new Member States can apply. 

Type 2 is exactly the same as type 1, the only difference is that all EU nationals can apply for 
it, and it is for free. The reason why a EU national who is entitled to apply for Type 2 would 
apply for type 1 is because all available information on the website is only in English, and not 
everybody is able to apply/join scanned documents in English 

Type 3 is meant for non-Europeans or Europeans willing to stay longer than three months in 
one go, or Europeans over 75, or people having a criminal record. 

All three types can be asked for and obtained online; the process can take from a few minutes 
up to 10 days. 

The US example 

On 19 January 2012, Mr Obama signed an Executive Order establishing a new Task Force on 
travel and Competitiveness, charged with developing a national Travel and Tourism strategy, 
describing  actions  to  be  undertaken,  among  other  things,  to  increase  non-immigrant  visa 
processing capacity in China and Brazil by 40 per cent over the coming year.  

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With  this  Strategy,  which  has  just  been  released,  the  US  aims  at  improving  the  travel  and 
tourism  to  and  within  the  United  States  to  encourage  travellers  to  choose  America  as  the 
world's premier tourism destination.  

The Tourism Strategy states that in 2011, 1.1 million more visa applications were processed. 
For China and Brazil the increase was respectively 46 % and 34 %. And compared to 2011, 
the first six months of 2012 this growth was 46 % and 59 % again. 

The  visa  issuing  capacity  is  being  extended  by  increasing  the  adjudication  staff  by  50%  in 
China and more than 100 % in Brazil in 2012. The opening of new consulates is also planned. 
Improvements  have  already  led  to  elimination  of  the  backlog  in  both  China  and  Brazil  and 
wait times have come down to 10 days and below at many posts.  

Some bills aimed at making improvements in the visa process are currently being discussed in 
the US Congress. The "Visa Improvements to Stimulate International Tourism to the United 
States of America", or the VISIT USA Act, proposes the following key directives:  

(a) 

(b) 

(c) 

(d) 

Five-Year Multiple-Entry Visas for Chinese Nationals;  

Premium Visa Process created to allow travellers the option of paying a much higher 
visa  processing  fee  in  order  to  receive  a  visa  interview  within  three  business  days. 
This applies to both tourist and business travel visas. The fee assessed for premium 
visa  processing  would  pay  for  additional  staff,  but  can  also  be  used  to  pay  for 
innovative  approaches  such  as  videoconferencing  technology  and  mobile  interview 
teams to meet market demand in any country;  

Visa  Waiver  Program  Expansion  to  be  extended  to  additional  countries  (allowing 
travelling to the U.S. under the Electronic System for Travel Authorization (ESTA) 
program,  rather  than  going  through  the  traditional  U.S.  tourist  visa  application 
process).  

Videoconference  Pilot  Program  authorising  a  videoconferencing  pilot  program  for 
visa interviews, thus maintaining the visa interview requirement, while allowing for 
greater access to conduct the interview via videoconferencing technology. 

Other  draft  bills  are  the  "Welcoming  Business  Travellers  and  Tourists  to  America  Act  of 
2011" and the "International Tourism Facilitation Act". The first is aiming at reducing barriers 
in the U.S. visa system, setting a standard that requires the State Department to process visas 
within  12  days,  and  implementing  a  program  that  utilizes  videoconferencing  technology  for 
conducting  visa  interviews.  The  latter  calls  on  the  State  Department  to  use  its  consular 
resources more effectively to better respond to the rising international travel demand. 

The US wants to accelerate the on-going revision procedures and continue "…to innovate and 
make improvements in processes, technologies, staffing, and infrastructure to streamline the 
visa  applications  process  and  entry  into  the  country  through  border  crossings  and  ports  of 
entry, for legitimate travellers."  

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