Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Belarus on the facilitation of the issuance of visas
Date: 2019-08-30
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Belarus, EU visa policy, Schengen Agreement, agreement (EU), external border of the EU, foreign national, signature of an agreement

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   EUROPEAN COMMISSION  Brussels, 30.8.2019  COM(2019) 405 final 2019/0184 (NLE)  Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Belarus on the facilitation of the issuance of visas  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

In the context of the Eastern Partnership Summit in May 2009, the EU reaffirmed its political 
support  towards  full  liberalization  of  the  visa  regime  in  a  secure  environment,  and  towards 
promoting mobility by concluding visa facilitation and readmission agreements with Eastern 
Partnership countries. According to the common approach for the development of EU policy 
on visa facilitation agreed at the level of COREPER by the Member States in December 2005, 
a visa facilitation agreement would not be concluded without a readmission agreement being 
in place. 

On  that  basis,  the  Commission  presented  on  12  November  2010,  a  recommendation  to  the 
Council  with  a  view  to  obtaining  directives  to  negotiate  Agreements  with  the  Republic  of 
Belarus on,  respectively, the facilitation of the issuance of short-stay visas, and readmission 
of persons residing without authorisation. 
Following the authorisation given by the Council on 28 February 20111, the negotiations with 
the Republic of Belarus were formally opened in Brussels on 12 June 2014.  

Five further rounds of negotiations took place on 24 November 2014 in Minsk, on 12 March 
2015 in Brussels, on 20 June 2017 in Minsk, on 11 October 2018 and on 26 March 2019 in 
Brussels.  The  chief  negotiators  initialled  the  text  of  the  agreement  on  17  June  2019  via 
exchange of emails.  

In  the  meantime,  Belarus,  the  European  Union  and  seven  participating  Member  States 
(Bulgaria,  Romania,  Lithuania,  Poland,  Hungary,  Finland  and  Latvia)  signed  a  Joint 
Declaration on a Mobility Partnership on 13 October 2016.  

As  from  12  February  2017,  the  citizens  of  the  European  Union  are  exempted  from  the  visa 
requirement for entering and staying in the territory of the Republic of Belarus for periods of 
up  to  5  days,  provided  that  they  cross  the  border  at  the  Minsk  International  Airport.  On  24 
July 2018, this  period of visa-free stay was extended to  30 days under the same conditions. 
For periods of stay exceeding 30 days and no longer than 90 days (in any 180-day period), the 
Agreement will apply reciprocally. 

Member States have been regularly informed and consulted in the relevant Council’s Working 
Parties at all stages of the negotiations. The final draft of the Agreement text was shared with 
the Visa Working Party and generally endorsed, via silence procedure, on 5 April 2019.  

On  17  April  2019,  the  European  Parliament  was  informed  about  the  conclusion  of 
negotiations on both the Visa Facilitation and Readmission Agreements, by means of a letter 
sent  by  the  Director  General  of  DG  Migration  and  Home  Affairs  to  the  Chair  of  the 
Committee on Civil Liberties, Justice and Home Affairs. The draft texts of both Agreements 
were annexed.  

The proposed decision concerning the conclusion sets out the necessary internal arrangements 
for the practical application of the Agreement. In particular, it specifies that the Commission, 
assisted  by  experts  from  Member  States,  represents  the  Union  within  the  Joint  Visa 
Facilitation Committee set up by Article 12 of the Agreement.  

1 

The negotiating directives were amended by the Council on 2 March 2015 in order to include the 
possibility to suspend the diplomatic visa waiver for a broader range of reasons than those specified in 
the standard suspension provisions, e.g. for human rights and democracy considerations as well as the 
abuse of that waiver. 

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The  attached  proposal  constitutes  the  legal  instrument  for  the  conclusion  of  the  Agreement. 
The Council will decide by qualified majority. 

2. 

AIM AND CONTENT OF THE AGREEMENT 

The Agreement between the European Union and the Republic of Belarus on the facilitation 
of  the  issuance  of  visas  (hereinafter:  ‘the  Agreement’)  aims  to  facilitate,  on  the  basis  of 
reciprocity, the issuance of visas for an intended stay of no more than 90 days in any 180-day 
period to the citizens of the Union and Belarus. 

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

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

–  in principle, for all visa applicants, a decision on whether or not to issue a visa will have to 
be  taken  within  10  calendar  days.  This  period  may  be  extended  up  to  30  calendar  days 
when further scrutiny is needed.  In urgent cases, the period for taking a  decision may be 
reduced  to  two  working  days  or  less.  As  a  rule,  the  visa  applicants  can  have  an 
appointment  for  lodging  their  application  within  a  period  of  two  weeks  from  the  date  of 
request and in cases of urgency immediately or without an appointment;  

–  the visa fee for processing applications lodged by citizens of the European Union and the 
Republic  of  Belarus  is  set  at  EUR  35.  This  fee  will  be  applied  to  all  visa  applicants. 
Moreover, the  following  categories of persons will  benefit from  a full waiver of the visa 
fee:  children  under  the  age  of  12,  persons  with  disabilities,  close  relatives,  members  of 
official  delegations  participating  in  government  activities,  pupils,  students  and  post-
graduate  students,  representatives  of  civil  society  organisations,  humanitarian  cases  and 
persons participating in scientific, cultural, artistic activities and sport events;  

–  should the Parties decide to cooperate with an external service provider for, inter alia, the 
collection  of  visa  applications,  the  fee  to  be  paid  to  the  external  service  provider  cannot 
exceed EUR 30. The possibility for the Parties’ citizens to lodge the application directly at 
the  consulates  shall  be  maintained,  insofar  as  it  is  possible,  e.g.  where  there  is  sufficient 
staff to cope with the workload and fulfil the obligations established by the agreement;  

–  the documents to be presented regarding the purpose of the journey have been simplified 
for  the  following  categories  of  applicants:  close  relatives,  businesspeople,  members  of 
official delegations, pupils,  students  and post-graduate students,  participants  in  scientific, 
cultural  and  sporting  events,  journalists,  persons  visiting  military  and  civil  burials 
(including  relatives),  representatives  of  civil  society,  members  of  the  professions 
participating  in  the  international  exhibitions,  conferences,  symposia,  seminars  or  other 
similar  events,  drivers  conducting  international  cargo  and  passenger  transportation 
services,  participants  in  official exchange programmes of twin  cities, persons  visiting for 
medical  reasons,  persons  participating  in  international  sport  events,  member  of  train, 
refrigerator and locomotive crews and participants in official EU cross-border cooperation 
programmes. For these categories of persons, only the documents listed in the agreement 
can be requested for justifying the purpose of the journey. As a rule, no other justification, 
invitation  or  validation  provided  for  by  the  legislation  of  the  Member  States  or  the 
Republic of Belarus can be required;  

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

categories of persons: 

(a) 

for  members  of  national  and  regional  governments,  parliaments  and  courts, 
permanent members of official delegations, spouses and children visiting citizens of 

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the  European  Union  legally  residing  in  the  territory  of  Belarus  or  citizens  of  the 
Republic of Belarus legally residing in the Member States or EU citizens residing in 
the  territory  of  the  Member  States  of  which  they  are  nationals  or  citizens  of  the 
Republic of Belarus residing in  the territory of  Belarus: multiple entry  visas with a 
term of validity of 5 years (or shorter, if the intention to travel regularly is manifestly 
limited, for instance where the period of the validity of their mandate or authorisation 
for legal residence is shorter); 

participants  in  scientific,  cultural,  official  exchange  or  cross-border  programmes, 
international  sport  events,  journalists,  students,  members  of  official  delegations, 
representatives  of  civil  society  organisations,  members  of 
the  professions 
participating  in  the  international  exhibitions,  conferences,  symposia,  seminars  or 
other  similar  events,  drivers  conducting  international  cargo  and  trains  crews  and 
persons needing to visit regularly for medical reasons: multiple entry visas valid for 1 
year; 

the  same  categories  mentioned  in  (b):  visas  valid  for  a  minimum  of  2  years  and  a 
maximum of 5 years should be issued (provided that during the previous two years 
they have lawfully used the 1 year multiple-entry visas, unless the need or intention 
to travel frequently is manifestly limited to a shorter period); 

(b) 

(c) 

–  citizens  of  the  European  Union  and  the  Republic  of  Belarus  who  are  holders  of  valid 
biometric  diplomatic  passports  and  the  holders  of  valid  EU  laissez-passer  are  exempted 
from the visa requirement for short-stays. A first assessment of the security and integrity of 
the  system  of  issuance  of  the  Belarusian  diplomatic  passports,  including  the  security 
features of the latter was presented by the Commission in April 2015, with a satisfactory 
outcome as regards the system of issuance. The security level of the Belarusian diplomatic 
passports  was,  however,  not  considered  sufficient  enough  by  some  Member  States.  The 
Republic of Belarus subsequently informed that it will start issuing biometric passports in 
compliance with the latest guidelines and recommendations of International Civil Aviation 
Organisation from the beginning of 2020 and accepted to limit the visa waiver to biometric 
diplomatic passports  (additional requirement not  requested by the negotiating directives). 
At  the  sixth  and  last  round  of  negotiations  on  26  March  2019,  the  Republic  of  Belarus 
provided  the  Commission  with  updated  information  on  the  system  of  issuance  and 
technical specifications of these passports, and committed to share a specimen of the new 
biometric passport  and the final  technical  specifications at  the latest  by  October 2019.  In 
these  circumstances,  the  final  assessment  of  Belarus’  system  of  issuance  will  have  to  be 
made by the Commission, in consultation with the Member States, before the conclusion of 
the Agreement;  

–  the final clauses provide the possibility for the Parties to suspend the agreement, in whole 
or in part (e.g. the visa waiver for diplomatic biometric passport holders) for any reason. 
This  provision  therefore  covers  suspension  grounds  such  as  the  breach  or  abuse  of  a 
provision  of  the  agreement,  such  as  the  diplomatic  passport  visa  waiver  (article  10),  for 
human  rights  and  democracy  considerations  (also  referred  to  in  a  preamble  to  the 
Agreement),  as  well  as  for  lack  of  cooperation  on  readmission  and/or  unsatisfactory 
implementation of the Readmission Agreement;   

–  the final clauses also lay down that the visa facilitation agreement can only enter into force 

at the date of entry into force of the Readmission Agreement; 

–  the  importance  of  the  fundamental  principles  governing  the  cooperation  between  the 
Parties as well as the obligations and responsibilities, including the respect of human rights 

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and democratic principles, stemming from the relevant international instruments to which 
they are bound, is underlined in a preamble to the Agreement;  

–  a protocol addresses the specific situation of the Member States that do not fully apply the 
Schengen  acquis  yet  and  their  unilateral  recognition  of  Schengen  visas  and  residence 
permits issued to citizens of the Republic of Belarus for the purpose of transit through their 
territory in accordance with Decision No 565/2014/EU;  

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

regular exchange of information on travel document security; 

–  a Joint Declaration is attached to the Agreement concerning harmonisation of information 
procedures for issuing short-stay visas and documents to be submitted when applying for 
short-stay visas; 

–  the  specific  situations  of  Denmark,  the  United  Kingdom  and  Ireland  are  reflected  in  the 
preamble  and  in  Joint  Declarations  attached  to  the  Agreement.  The  close  association  of 
Iceland,  Norway,  Switzerland  and  Liechtenstein  to  the  implementation,  application  and 
development of the Schengen acquis is reflected in a Joint Declaration to the Agreement2; 

–  a Joint Declaration on consular staffing is attached to the Agreement in order to reflect the 
importance  the  Parties  attach  to  the  availability  of  sufficient  numbers  of  staff  in  their 
consulates for ensuring the effective implementation of the Agreement. 

3. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

This proposal is submitted to the Council in order to authorise the signing of the Agreement.  

The legal basis for this proposal is point (a) of Article 77(2) of the Treaty on the Functioning 
of the European Union (TFEU), in conjunction with Article 218(5) thereof.  

• 

Subsidiarity (for non-exclusive competence)  

Not applicable.  

• 

Proportionality 

The present proposal does not go beyond what is necessary to achieve the objective pursued, 
namely  the  signature  of  an  international  agreement  facilitating  the  issuing  of  visas  to 
Belarusian and Union citizens. 

4. 

BUDGETARY IMPLICATIONS 

This proposal does not entail additional costs for the EU budget. 

5. 

CONCLUSIONS 

In the light of the above-mentioned results, the Commission proposes that the Council decides 
that the Agreement be signed on behalf of the Union and authorises the Council Secretariat 
General to establish the respective instrument of full powers.

2 

The preamble and Joint Declaration on the situation of the United Kingdom may have to be reviewed 
following the UK withdrawal. 

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2019/0184 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Union, of the Agreement between the 
European Union and the Republic of Belarus on the facilitation of the issuance of visas 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular point 
(a) of Article 77(2) in conjunction with Article 218(5) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

1 

2 

On 28 February 2011, the Council authorised the Commission to open negotiations 
with the Republic of Belarus on an Agreement between the European Union and the 
Republic of Belarus on the facilitation of the issuance of visas (‘the Agreement’), in 
parallel  with  the  negotiations  of  an  Agreement  on  the  readmission  of  persons 
residing without authorisation. The negotiations were successfully concluded by the 
initialling of the Agreement via exchange of emails on 17 June 2019.  

the  partner  countries  expressed 

In  the  context  of  the  Eastern  Partnership  Summit  Declaration  of  7  May  2009,  the 
Union  and 
towards 
liberalisation  of  the  visa  regime  in  a  safe  and  secure  environment  and  reaffirmed 
their  intention  to  take  gradual  steps  towards  a  visa  free  regime  for  their  citizens  in 
due course. 

their  political  support 

The purpose of the Agreement is to facilitate, on the basis of reciprocity, the issuance 
of visas for an intended stay of no  more than 90 days in any 180-day period to the 
citizens of the Union and Belarus. 

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  acquis1;  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  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  acquis2;  Ireland  is  therefore  not  taking  part  in  the 
adoption of this Decision and is not bound by it or subject to its application. 

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  acquis (OJ L 131, 
1.6.2000, p. 43).  
Council  Decision  No 2002/192/EC  of  28 February  2002  concerning  Ireland’s  request  to  take  part  in 
some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20). 

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(6) 

(7) 

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. 

Therefore,  the  Agreement  should  be  signed  on  behalf  of  the  Union,  subject  to  its 
conclusion  at  a  later  date,  and  the  Joint  Declarations  attached  to  the  Agreement  be 
approved, 

HAS ADOPTED THIS DECISION:  

The signing of the Agreement between the European Union and the Republic of Belarus on 
the facilitation of the issuance of visas is hereby approved on behalf of the Union, subject to 
the conclusion of the said Agreement3. 

Article 1 

The Joint Declarations attached to the Agreement shall be approved on behalf of the Union. 

Article 2 

The  Council  Secretariat  General  shall  establish  the  instrument  of  full  powers  to  sign  the 
Agreement,  subject  to  its  conclusion,  for  the  person(s)  indicated  by  the  negotiator  of    the 
Agreement. 

Article 3 

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

Done at Brussels, 

Article 4 

For the Council 
The President 

3 

The text of the Agreement will be published together with the decision on its conclusion. 

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