Proposal for a COUNCIL DECISION on the partial suspension of the application of the Agreement between the European Union and the Republic of Belarus on the facilitation of the issuance of visas
Date: 2021-09-29
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Belarus, EU restrictive measure, EU visa policy, Schengen Agreement, agreement (EU), external border of the EU, foreign national, official visit, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 29.9.2021  COM(2021) 612 final 2021/0311 (NLE)  Proposal for a COUNCIL DECISION on the partial suspension of the application 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 

The Agreement between the EU and the Republic of Belarus on the facilitation of the issuance 
of  visas  (hereafter  “Visa  Facilitation  Agreement”)  entered  into  force  on  1  July  20201,  in 
parallel with the Readmission Agreement.2 The purpose of the Visa Facilitation 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.  

The  Visa  Facilitation  Agreement  contributes  to  enhancing  people-to-people  contacts  and 
sharing of values, including human rights and EU democratic values. The importance of the 
fundamental principles governing the cooperation between the EU and Belarus as well as the 
obligations  and  responsibilities,  including  the  respect  of  human  rights  and  democratic 
principles, stemming from the relevant international instruments to which they are bound, is 
underlined in the preamble to the Visa Facilitation Agreement.  

On  12  October  2020,  the  Council  adopted  conclusions  on  the  EU's  response  to  the 
developments  in  Belarus.3  In  its  conclusions,  the  Council  reiterated  that  the  9  August  2020 
presidential  elections  were  neither  free  nor  fair  and  that  the  Belarusian  regime  lacked 
democratic  legitimacy.  The  Council  reiterated  its  full  support  for  Belarus’s  sovereignty  and 
independence  and  underlined  the  democratic  right  of  the  Belarusian  people  to  elect  their 
president  through  free  and  fair  elections,  without  external  interference.  The  conclusions 
further recalled the restrictive measures, consisting of travel ban and asset freeze, imposed on 
40  individuals  responsible  for  the  fraudulent  nature  of  the  presidential  elections  and  the 
violent  crackdown  on  peaceful  protests,  and  stated  the  EU's  readiness  to  take  further 
restrictive  measures  against  entities  and  high-ranking  officials,  including  Aleksandr 
Lukashenko.4 

The  EU  scaled  down  bilateral  cooperation  with  the  Belarusian  authorities  at  central  level, 
increased its support for the Belarusian people and civil society, and recalibrated its bilateral 
financial  assistance  accordingly.  In  line  with  these  measures,  the  EU  immediately  made 
additional financial resources available for victims of violence, civil society organisations and 
independent media.  

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Agreement between the European Union and the Republic of Belarus on the facilitation of the issuance 
of visas (OJ L 180, 9.6.2020). 
Agreement  between  the  European  Union  and  the  Republic  of  Belarus  on  the  readmission  of  persons 
residing without authorisation (OJ L 181, 9.6.2020). 
Council Conclusions on Belarus, 12 October 2020, 11661/20.   
A  second  package  of  sanctions  was    adopted  on  6.11.2020  (Council  Implementing  Regulation  (EU) 
2020/1648  of  6  November  2020  implementing  Article  8a(1)  of  Regulation  (EC)  No  765/2006 
concerning  restrictive  measures  in  respect  of  Belarus;  Council  Implementing  Decision  (CFSP) 
2020/1650  of  6  November  2020  implementing  Decision  2012/642/CFSP  concerning  restrictive 
measures  against  Belarus  (OJ  L  370I)).  A  third  package  of  sanctions  was  adopted  on  17.12.2020 
(Council Implementing Regulation (EU) 2020/2129 of 17 December 2020 implementing Article 8a(1) 
of  Regulation  (EC)  No  765/2006  concerning  restrictive  measures  in  respect  of  Belarus;  Council 
Implementing  Decision 
implementing  Decision 
(CFSP)  2020/2130  of  17  December  2020 
2012/642/CFSP concerning restrictive measures against Belarus (OJ L 426I)). The restrictive measures 
in  both  packages  include  a travel  ban and  an asset  freeze  which  concern  the  individuals  and  entities 
listed in the above-mentioned acts.   

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The  crackdown  on  opposition  activists,  civil  society  organisations,  human  rights  defenders 
and  independent  media  continues.  There  were  more  than  670  political  prisoners  by  mid-
September  2021  and  their  number  is  growing  every  week.  Politically  motivated  trials  are 
taking place against them, often conducted behind closed doors in a hasty manner and ending 
with shameful verdicts of many years of imprisonment. 

The application of the Visa Facilitation Agreement has continued while the setting up of 
the  Joint  Visa  Facilitation  Committee,  meant  to  monitor  the  implementation  of  the 
Agreement, has been postponed.   

In reaction to the continued, brutal repression against all segments of the Belarus society, and 
in particular to the hijacking of a passenger flight on 23 May 2021, the EU banned Belarusian 
carriers from overflying EU airspace and accessing EU airports5, adopted a fourth package of 
sanctions listing individuals and entities6 and targeted economic sanctions7.   

Following those measures, the Belarus authorities retaliated by announcing the suspension of 
their  participation  in  the  Eastern  Partnership  and  by  announcing  the  suspension  of  the 
Readmission  Agreement  with  the  EU  on  28  June  2021.  In  addition,  Belarus  recalled  its 
ambassador to the EU for consultations, requested the recall of the EU ambassador to Brussels 
for consultations and announced that representatives of European institutions and individuals 
from  the  EU  who  contributed  to  preparing  the  sanctions  would  be  denied  entry  to  Belarus. 
The Belarus authorities demanded that the activities of the Member States’ cultural institutes 
be  suspended.  Belarus  also  stated  it  would  consider  further  possible  counter-measures. 
Moreover, on 8 September 2021, a bill on the suspension of the Readmission Agreement with 
the EU was submitted to the Belarus Parliament. 

While  the  situation  at  the  external  EU  borders  with  Belarus  has  stabilised  in  terms  of 
arrivals, including due to the suspension of direct flights from Baghdad to Minsk it remains 
tense  and  migratory  pressure  persists  as  the  number  of  prevented  attempts  to  cross  the 
border  irregularly  remains  high.  As  of  19  September  2021,  the  Lithuanian-Belarusian 
border  was  irregularly  crossed  by  4145  persons;  this  number  is  56  times  higher  than  2020. 
More than half of the third country nationals who crossed the Lithuanian border with Belarus 
came from  Iraq (2805),  followed by nationals  of Congo Brazzaville, Cameroon and a small 
percentage of nationals from Syria, Iran and Afghanistan. With regards to Poland, in the same 

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Council Regulation (EU) 2021/907 of 4 June 2021 amending Regulation (EC) No 765/2006 concerning 
restrictive  measures  in  respect  of  Belarus  and  Council  Decision  (CFSP) 2021/908  of  4 June  2021 
amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus 
(OJ L 197I).  
Council  Regulation  (EU) 2021/996  of  21 June  2021  amending  Regulation  (EC)  No 765/2006 
concerning restrictive measures in respect of Belarus; Council Implementing Regulation (EU) 2021/997 
of  21 June  2021  implementing  Article 8a(1)  of  Regulation  (EC)  No 765/2006  concerning  restrictive 
measures  in  respect  of  Belarus;  Council  Implementing  Regulation  (EU)  2021/999  of  21 June  2021 
implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect 
of  Belarus;  Council  Decision  (CFSP)  2021/1001  of  21 June  2021  amending  Decision 2012/642/CFSP 
concerning  restrictive  measures  in  view  of  the  situation  in  Belarus;  Council  Implementing  Decision 
(CFSP)  2021/1002  of  21  June  2021  implementing  Decision  2012/642/CFSP  concerning  restrictive 
measures  in  view  of  the  situation  in  Belarus  (OJ  L  219I)  .  The  individuals  and  entities  listed  in  the 
above-mentioned acts are subject to an asset freeze and EU citizens and companies are forbidden from 
making  funds  available  to  those  listed.  The  restrictive  measures  also  include  a travel  ban  for  listed 
individuals.  
Council  Regulation  (EU)  2021/1030  of  24 June  2021  amending  Regulation  (EC)  No 765/2006 
concerning restrictive measures in respect of Belarus; Council Decision (CFSP) 2021/1031 of 24 June 
2021  amending  Council  Decision  2012/642/CFSP  concerning  restrictive  measures  in  view  of  the 
situation in Belarus (OJ L 224I).   

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period, 1 493 third-country nationals have crossed the border with Belarus. This number is 23 
higher compared to 2020. Similarly the main nationalities are Iraqi, but with a higher presence 
of  Afghan  nationals.  In  relative  terms,  however,  Latvia  experienced  the  highest  increase 
passing from 3 detections of irregular border crossing in 2020 to 377 in 2021. The same trend 
applies  to  the  asylum  applications.  Compared  to  the  same  period  last  year,  Lithuania  has 
recorded 14 times more asylum applications so far in 2021 (2 399), mostly from nationals of 
Iraq (50%). Poland has registered 131% more asylum applications (4109) and Afghans are the 
most  frequent  applicants  (33%),  followed  by  Belarusians  (29%)  and  Russian  (18%). 
Similarly, Latvia received 465 asylum applications, almost 6 times higher than 2020. 

This  sudden  rise  suggests  that  the  regime  is  encouraging  irregular  migration  for  political 
purposes, and in particular in retaliation against Lithuania, Poland and Latvia for their stance 
on Belarus. The Belarusian action against EU Member States requires a united response. 

2. 

PROPOSED MEASURES 

The  Visa  Facilitation  Agreement  was  concluded  on  a  premise  that  the  respect  for  human 
rights  and  democratic  principles  is  one  of  the  fundamental  principles  governing  the 
cooperation between the Union and Belarus as well as their obligations and responsibilities.8  
Both the Union and Belarus recognised that the Visa Facilitation Agreement should not lead 
to irregular migration while paying special attention to security and readmission.9 

In view of the context described above, these principles are being violated by Belarus. Belarus 
is not only endangering mutual relations between the Union and its Member States but  also 
escalated the violations of human rights that are contrary to its international obligations.10   

Therefore, an appropriate measure is to suspend the application of certain articles of the Visa 
Facilitation  Agreement,  which  provide  facilitations  for  certain  specific  categories  of 
applicants, namely:  

(i)  members  of  Belarus  official  delegations  including  permanent  members  of  such  
delegations who, following an official invitation addressed to Belarus, should participate 
in  official  meetings,  consultations,  negotiations  or  exchange  programmes,  as  well  as  in 
events  held  in  the  territory  of  one  of  the  Member  States  by  intergovernmental 
organisations;  

(ii)  members  of  Belarus  national  and  regional  Governments  and  Parliaments,  Belarus 
Constitutional Court and Belarus Supreme Court, in the exercise of their duties;  

The application of the following Articles of the Visa Facilitation Agreement should therefore 
be suspended: Article 4(1), point (a), on) “Documentary evidence regarding the purpose of the 
journey”, Article 5(1), points (a) and (b), Article 5(2), point (a), on) “Issuing of multiple-entry 
visas” and Article 6(3), points (a) and (b), on) “Fees for processing visa applications”. 

Once the Council Decision enters into force, the application of specific rules provided for by 
these  provisions  will  be  suspended.  Consequently,  the  general  rules  of  the  Visa  Code  will 
apply instead.11 

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Recital 3 of the preambule of Visa Facilitation Agreement. 
Recital 2 of the preambule of Visa Facilitation Agreement. 
As presented in the Report of the Special Rapporteur on the situation of human rights in Belarus, Anaïs 
Marin, A/HRC/47/49, 4 May 2021. 
Regulation (EC) 810/2009 of the European Parliament and the Council of 13 July 2009 establishing a 
Community Code on Visas, OJ L 243, 15.9.2009, p.1.  

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The application of other provisions of the Visa Facilitation Agreement is not suspended and 
the  facilitations  they  provide  in  respect  of  the  ordinary  citizens  of  Belarus  will  continue  to 
apply. This will allow to maintain “people-to-people contacts”. The non-suspended provisions 
of the Visa Facilitation Agreement should not, however, be used to circumvent the object of 
the  Council  decision  on  the  partial  suspension  of  the  Visa  Facilitation  Agreement.  Member 
States should report to the Commission on attempts to circumvent or alleged circumvention of 
the partial suspension of the Visa Facilitation Agreement. 

3. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The procedural legal basis for this proposal is Article 218(9) of the Treaty on the Functioning 
of the European Union (TFEU). The substantive legal basis is Article 77(2)(a) of the Treaty 
on the Functioning of the European Union (TFEU). 

In addition, Article 14(5) of the Visa Facilitation Agreement stipulates that “each Party may 
suspend in whole or in part this Agreement. 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.”   

Subsidiarity (for non-exclusive competence)  

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n.a 

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Proportionality 

The present proposal does not go beyond what is necessary to achieve the objective pursued, 
namely to suspend certain existing facilitations for officials of Belarus while at the same time 
continuing to support the ordinary citizens of Belarus, by facilitating visa procedures. 

4. 

BUDGETARY IMPLICATIONS 

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

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2021/0311 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the partial suspension of the application 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 
Article 77(2), point (a), and Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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The  Agreement  between  the  European  Union  and  the  Republic  of  Belarus  on  the 
facilitation  of  the  issuance  of  visas1  (“the  Agreement”)  entered  into  force  on  1  July 
2020, in parallel with the Agreement between the European Union and the Republic of 
Belarus  on  the  readmission  of  persons  residing  without  authorisation2  (“the 
Readmission Agreement”).  

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. The Agreement  contributes to  enhance people-to-
people  contacts  and  sharing  of  values,  including  human  rights  and  democratic 
principles.  

Under Article 14(5) of the Agreement, either party may suspend in whole or in part the 
Agreement.  The  decision  on  suspension  is  to  be  notified  to  the  other  party  not  later 
than 48 hours before its entry into force. The Party that has suspended the application 
of  the  Agreement  is  to  immediately  inform  the  other  party  once  the  reasons  for  the 
suspension no longer apply. 

In  reaction  to  the  continued,  brutal  repression  against  all  segments  of  society  in 
Belarus, and in particular to the hijacking of a passenger flight on 23 May 2021, the 
Union  banned  Belarusian  carriers  from  overflying  the  territory  of  the  Union  and 
accessing Union airports, introduced a fourth package of sanctions listing individuals 
and  entities  and  targeted  economic  sanctions  by  Regulation  (EC)  No  765/20063  and 
Decision 2012/642/CFSP4. 

Agreement between the European Union and the Republic of Belarus on the facilitation of the issuance 
of visas (OJ L 180, 9.6.2020). 
Agreement  between  the  European  Union  and  the  Republic  of  Belarus  on  the  readmission  of  persons 
residing without authorisation (OJ L 181, 9.6.2020). 
Council  Regulation  (EC)  No  765/2006  of  18  May  2006  concerning  restrictive  measures  against 
President  Lukashenko  and  certain  officials  of  Belarus  (OJ  L  134,  20.5.2006,  p.  1),  as  amended  by 
Council  Regulation  (EU)  2021/907  (OJ  L  197I,  4.6.2021),  Council  Regulation  (EU)  2021/996  (OJ  L 
219I , 21.6.2021, p. 1), Council Implementing Regulation (EU) 2021/997 (OJ L 219I , 21.6.2021, p. 3), 

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(5) 

(6) 

(7) 

(8) 

Following  those  measures,  Belarus  retaliated  by  announcing  the  suspension  of  their 
participation  in  the  Eastern  Partnership  and  by  announcing  the  suspension  of  the 
Readmission  Agreement  on  28  June  2021.  On  8  September  2021,  a  bill  on  the 
suspension of the Readmission Agreement with the European Union was submitted to 
the Belarus Parliament. 

At  the  same  time  Lithuania  and  more  recently  Poland  and  Latvia  have  been 
experiencing  an  unprecedented  increase  of  irregular  migration  flows  from  Belarus. 
This  sudden  increase  suggests  that  the  regime  is  encouraging  irregular  migration  for 
political purposes, and in particular retaliating against Lithuania, Poland and Latvia for 
their stance on Belarus.  

The  above  actions  by  Belarus  breach  the  fundamental  principles  on  which  the 
Agreement was  concluded and  go against the interests of the Union and its  Member 
States. In particular, Belarus’ actions do not respect human rights and the democratic 
principles as well as they provoke irregular migration from the territory of Belarus into 
the Union. 

Therefore,  the  application  of  certain  provisions  of  the  Agreement  providing  for 
facilitations for certain categories of applicants for a short-stay visa, namely members 
of  Belarus  official  delegations,  members  of  Belarus  national  and  regional 
Governments  and  Parliaments,  members  of  the  Belarus  Constitutional  Court  and 
Belarus Supreme Court, in the exercise of their duties should be suspended. 

HAS ADOPTED THIS DECISION:  

Article 1 

The application of the following provisions of the Agreement shall be suspended:  

(a) 

(b) 

Article  4(1),  point  (a)  with  regards  to  any  visa  applicant  who  is  a  member  of  a 
Belarus official delegation, including a permanent member of such delegation who, 
following  an  official  invitation  addressed  to  Belarus,  is  to  participate  in  official 
meetings, consultations, negotiations or exchange programmes, as  well as in events 
held in the territory of one of the Member States by intergovernmental organisations; 

Article 5(1), points (a) and (b) with regards to any visa applicant who, in the exercise 
of his duties, is a member of Belarus national or regional Government or Parliament 
of Belarus Constitutional Court or of Belarus Supreme Court, as well as to any visa 
applicant who is a permanent member of Belarus official delegation who, following 
an  official  invitation  addressed  to  Belarus,  is  to  participate  regularly  in  meetings, 
consultations, negotiations or exchange programmes, as well as in events held in the 
territory of one of the Member States by intergovernmental organisations;  

(c) 

Article  5(2),  point  (a)  with  regards  to  any  visa  applicant  who  is  a  member  of  a 
Belarus official delegation who, following an official invitation addressed to Belarus, 

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Council  Implementing  Regulation  (EU)  2021/999  (OJ  L  219I  ,  21.6.2021,  p.  55)  and  Council 
Regulation (EU) 2021/1030 (OJ L 224I , 24.6.2021, p. 1). 
Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus 
(OJ L 285, 17.10.2012, p. 1) as amended by Council Decision (CFSP) 2021/908 (OJ L 197I, 4.6.2021, 
p.  3),  Council  Decision  (CFSP)  2021/1001  (OJ  L  219I  ,  21.6.2021,  p.  67),  Council  Implementing 
Decision  (CFSP)  2021/1002  (OJ  L  219I  , 21.6.2021, p.  70)  and  Council  Decision  (CFSP)  2021/1031 
(OJ L 224I, 24.6.2021).  

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(d) 

is  to  participate  regularly  in  meetings,  consultations,  negotiations  or  exchange 
programmes, as well as in events held in the territory of one of the Member States by 
intergovernmental organisations; 

Article 6(3), points (a) and (b) with regards to any visa applicant who is a member of 
Belarus national or regional Government or Parliament or of Belarus Constitutional 
Court or of Belarus Supreme Court, as well as to any visa applicant who is a member 
of  a  Belarus  official  delegation  who,  following  an  official  invitation  addressed  to 
Belarus,  is  to  participate  in  meetings,  consultations,  negotiations  or  exchange 
programmes, as well as in events held in the territory of one of the Member States by 
intergovernmental organisations.  

This  Decision  shall  enter  into  force  on  the  second  day  following  that  of  its  publication  in 
the Official Journal of the European Union. 

Article 2 

Done at Brussels, 

For the Council 
The President 

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