Proposal for a COUNCIL DECISION on the suspension in whole of the application of the Agreement between the European Community and the Russian Federation on the facilitation of the issuance of visas to the citizens of the European Union and the Russian Federation
Date: 2022-09-06
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU restrictive measure, EU visa policy, Russia, Schengen Agreement, agreement (EU), external border of the EU, foreign national, withdrawal from an agreement

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 6.9.2022  COM(2022) 661 final 2022/0273 (NLE)  Proposal for a COUNCIL DECISION on the suspension in whole of the application of the Agreement between the European Community and the Russian Federation on the facilitation of the issuance of visas to the citizens of the European Union and the Russian Federation   
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  Agreement  between  the  European  Community  and  the  Russian  Federation  on  the 
facilitation  of  the  issuance  of  visas  to  the  citizens  of  the  European  Union  and  the  Russian 
Federation (hereafter “Visa Facilitation Agreement”) entered into force on 1 June 20071. 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 per period of 180 days to the 
citizens  of  the  European  Union  and  the  Russian  Federation.  The  European  Union  has 
concluded  visa  facilitation  agreements  only  with  a  selected  and  limited  number  of  third 
countries. Such agreements are to be a proof of mutual partnership between the EU and the 
given country and are based on the mutual respect of common values. 

In 2011, negotiations were launched on a revision of the Visa Facilitation Agreement in order 
to take into account the changes to the EU’s legal framework and experience acquired through 
the implementation  of  the Visa Facilitation  Agreement.  In parallel,  a dialogue on ‘Common 
steps towards visa liberalisation’ was initiated. Both exercises were frozen as a consequence 
of  Russia’s  illegal  annexation  of  the  Autonomous  Republic  of  Crimea  and  the  city  of 
Sevastopol in 2014 2.  

In reaction to that illegal annexation in 2014 and the continued destabilising actions in eastern 
Ukraine,  the  European  Union  has  introduced  (i)  economic  sanctions  in  view  of  Russia's 
actions destabilising the situation in Ukraine, linked to the incomplete implementation of the 
Minsk  agreements;  (ii)  sanctions  in  respect  of  actions  undermining  or  threatening  the 
territorial  integrity,  sovereignty  and  independence  of  Ukraine;  (iii)  sanctions  in  response  to 
the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol by 
the Russian Federation.  

The decision of the Russian Federation to recognise the non-government-controlled areas of 
Donetsk  and  Luhansk  oblasts  of  Ukraine  as  independent  entities  and  the  decision  to  send 
Russian  troops  into  Ukraine,  the  unjustified  and  unprovoked  military  aggression  against  its 
territorial integrity, sovereignty and independence, is a severe breach of international law and 
international agreements, including the UN Charter, Helsinki Final Act, Paris Charter and the 
Budapest Memorandum.  

As a signatory of the Minsk agreements, Russia has a clear and direct responsibility to work 
to  find a peaceful settlement. With the decision to  recognise the non-government-controlled 
regions  of  eastern  Ukraine  as  independent  entities,  Russia  has  clearly  violated  the  Minsk 
agreements,  which  stipulate  the  full  return  of  these  areas  to  the  control  of  the  Ukrainian 
government. 

On  23  February  2022,  the  EU  agreed  unanimously  on  a  first  package  of  sanctions,  which 
inflicted  an  additional  cost  on  Russia  in  response  to  its  actions.  They  included  individual 

Agreement  between  the  European  Community  and  the  Russian  Federation  on  the  facilitation  of  the 

1 
issuance of visas to the citizens of the European Union and the Russian Federation (OJ L 129, 17.5.2007). 
2 

Council Conclusions on Ukraine, Foreign Affairs Council meeting, Brussels, 3 March 2014.  

EN 

1 

  EN 

 
                                                 
sanctions,  financial  restrictions,  and  restrictions  on  economic  relations  between  the  EU  and 
the non-government-controlled areas of Donetsk and Luhansk oblasts of Ukraine. 

On  24  February  2022,  the  European  Council  condemned  in  the  strongest  possible  terms 
Russia's  unprovoked  and  unjustified  military  aggression  against  Ukraine  and  expressed  full 
solidarity of the Union with Ukraine and its people together with its international partners. By 
its illegal military aggression, Russia has since continued to grossly violate international law, 
committing atrocities towards the Ukrainian population and undermining European and global 
security and stability. Furthermore, the European Council demanded that Russia immediately 
cease  its  military  actions,  unconditionally  withdraw  all  forces  and  military  equipment  from 
the entire territory of Ukraine and fully respect Ukraine’s territorial integrity, sovereignty and 
independence within its internationally recognised borders. 3 

Following  this,  the  Union  has  responded  with  further  packages  of  sanctions  including  the 
freezing  of  assets  and  travel  bans  for  individuals.  The  Union  has  also  adopted  restrictive 
measures concerning the financial, energy, transport and technology sectors. It has also taken 
additional  measures,  notably  suspending  in  part  the  application  of  the  Visa  Facilitation 
Agreement.4 This measure suspended facilitations relating to documentary evidence, the visa 
fee,  the  issuing  of  multiple  entry  visas  and  the  length  of  procedures  for  processing  visa 
applications.  It  targeted  Russian  holders  of  diplomatic  passports,  government  officials, 
business people and representatives of business organisations. 

Since  the  beginning  of  the  Russian  full-scale  aggression  against  Ukraine,  the  situation  has 
worsened significantly with tragic humanitarian consequences for the civilian population and 
infrastructure and Russia has further expanded its full or partial occupation in the eastern and 
southern  regions  of  Ukraine.  Millions  of  Ukrainians  were  forced  to  flee,  all  through  land 
borders, as  air routes  are not  available.  As a direct  consequence of the  large-scale invasion, 
the  number  of  crossings  of  the  Ukrainian  border  towards  neighbouring  countries  has  been 
continuously growing. On 23 August, it surpassed 11 million according to UNHCR data, out 
of which around 10 million entries into the EU. 

On  31  August,  at  the  Informal  meeting  of  Foreign  Affairs  Ministers,  Member  States 
considered  necessary  to  suspend  in  whole  the  Visa  Facilitation  Agreement,  in  view  of 
significantly  reducing  the  number  of  new  visas  to  be  issued  to  Russian  citizens  by  EU 
Member States and preventing potential visa shopping by Russian citizens.  

The EU cannot consider Russia, waging such a war of aggression, as counterpart to the Visa 
Facilitations Agreement for as long as it continues conducting a destructive foreign policy and 
military aggression towards an EU candidate country, and demonstrating complete disregard 
for the international rules-based order. 

2. 

PROPOSED MEASURES 

The military aggression against a country bordering the European Union justifies measures to 
protect the essential security interests of the European Union and its Member States’.  

The  Russian  Federation  has  not  only  endangered  relations  with  the  European  Union  and  its 
Member States, but also violated the Minsk agreements by undermining Ukraine’s territorial 
integrity, sovereignty and independence, contrary to its international obligations.  

3 
4 

European Council conclusions 24 February 2022. 
Council Decision (EU) 2022/333. 

EN 

2 

  EN 

 
                                                 
In addition, the Russian Federation is pursuing a proactive policy of imposing the use of its 
international  passports  by  Ukrainian  citizens  of  the  Ukrainian  regions  occupied  by  the 
Russian military, in breach of Ukraine’s territorial integrity, sovereignty and independence. 

In accordance with Article 15(5) of the Visa Facilitation Agreement, each party may suspend 
it in whole or in part for reasons of public order, protection of national security or protection 
of  public  health.  All  these  criteria  have  been  put  at  risk  by  Russia’s  invasion  of  Ukraine. 
Russia’s  flagrant  disregard  of  the  international  rules-based  order  is  a  major  risk  to  public 
order. There are also specific risks such as the circulation of inhabitants of occupied areas of 
Ukraine  who  are  close  to  the  Russian  regime  and  who  may  be  issued  Russian  Federation 
international  passports.  This  military  aggression  underpins  the  development  of  organised 
crime  and  the  circulation  of  illegal  weapons,  thus  threatening  the  Union’s  security  interests 
and the national  security of the Member States.  The increased  risks linked to  the use of the 
Zaporizhzhia  nuclear  plant  as  a  military  facility  by  the  Russian  Federation  poses  a  major 
threat to human life. 

More generally, the decision to invade Ukraine and continue to pursue the military aggression 
is incompatible with a trustful relationship between the EU and the Russian Federation. Visa 
facilitation agreements have been concluded only with a selected and limited number of third 
countries  and  stem  from  a  mutual  partnership  between  the  EU  and  the  given  country.  A 
country waging an unprovoked and unjustified war of aggression should no longer be eligible 
to enjoy visa facilitations. It is therefore justified to suspend the Visa Facilitation Agreement 
in whole as regards all citizens of the Russian Federation.  

The suspension will also affect categories of travellers such as journalists, pupils, students and 
researchers  who  will  no  longer  enjoy  facilitations  under  the  suspended  Visa  Facilitation 
Agreement.  Given  the  importance  of  such  categories  of  travellers  for  the  EU  and  of 
continuing people-to-people contacts, this issue will be addressed in the upcoming guidelines 
to be adopted by the Commission on general visa issues with Russia.  

Once  the  Council  Decision  enters  into  force,  the  rules  provided  for  by  the  Visa  Facilitation 
Agreement  will  be  suspended.  Consequently,  the  general  rules  of  the  Visa  Code  will  apply 
instead.  

3. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  substantive  legal  basis  is  Article  77(2)(a)  of  the  Treaty  on  the  Functioning  of  the 
European Union (TFEU).  

In addition, Article 15(5) of the Visa Facilitation Agreement stipulates that “each Party may 
suspend in whole or in part this Agreement for reasons of public 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.”  

Subsidiarity (for non-exclusive competence)  

• 

n.a. 

EN 

3 

  EN 

 
• 

Proportionality 

The present proposal is proportionate to the need to safeguard the Union and Member States’ 
security  and  to  react  to  the  unprovoked  and  unjustified  Russian  military  aggression  against 
Ukraine. Given the worsening of the security situation in Ukraine due to military actions by 
the Russian Federation and the increased risks that these actions pose to the European Union, 
it is proportionate to suspend in whole the Visa Facilitation Agreement. 

4. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Member States discussed the suspension in whole of the Visa Facilitation Agreement during 
the  Visa  Working  Party  of  13  July  2022.  Member  States  also  expressed  their  views  on  the 
suspension  during  the  informal  meeting  of  the  Foreign  Affairs  Ministers  (Gymnich)  on  31 
August 2022 and reached there a political agreement on the suspension of the Agreement in 
whole. 

5. 

BUDGETARY IMPLICATIONS 

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

6. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The implementation of the measure will be monitored by the Commission, in particular in the 
context of Schengen evaluations.  

• 

Detailed explanation of the specific provisions of the proposal 

The  proposal  aims  at  suspending  in  whole  the  facilitations  provided  for  in  the  Visa 
Facilitation  Agreement  for  Russian  citizens.  It  concerns  the  documentary  evidence  to  be 
presented  by  the  applicant  ahead  of  the  journey,  the  amount  of  the  visa  fee,  the  issuing  of 
multiple-entry  visas  and  the  length  of  procedures  for  processing  visa  applications.  The 
facilitations relating to these different elements will cease to apply and standard rules of the 
Visa  Code  will  apply  to  Russian  citizens  in  relation  to:  the  visa  fee  (Article  16  of  the  Visa 
code),  the  maximum  duration  for  processing  visa  applications  (Article  23)  the  issuing  of 
multiple-entry  visas  (Article  24.2),  and  documentary  evidence  to  be  presented  by  the 
applicant ahead of the journey (Article 14)5. 

5 
documents to be presented by visa applicants in Iran, Iraq and the Russian Federation. 

Commission Implementing Decision C(2016) 3347 final of 6.6.2016 establishing the list of supporting 

EN 

4 

  EN 

  
                                                 
 
2022/0273 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the suspension in whole of the application of the Agreement between the European 
Community and the Russian Federation on the facilitation of the issuance of visas to the 
citizens of the European Union and the Russian Federation 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 77(2)(a) and Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The Agreement between the European Community and the Russian Federation on the 
facilitation  of  the  issuance  of  visas  to  the  citizens  of  the  European  Union  and  the 
Russian Federation6, (“the Agreement”) entered into force on 1 June 2007, in parallel 
with the Agreement between the European Community and the Russian Federation on 
readmission.7   

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  per  period  of  180  days  to  the 
citizens  of  the  European  Union  and  the  Russian  Federation.  The  desire  to  facilitate 
people-to-people  contacts  as  an  important  condition  for  a  steady  development  of 
economic,  humanitarian,  cultural,  scientific  and  other  ties  is  underlined  in  the 
preamble to the Agreement.  

Under Article 15(5) of the Agreement,  “each Party may suspend in  whole or in  part 
this  Agreement  for  reasons  of  public  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.  

In  reaction  to  the  illegal  annexation  of  the  Autonomous  Republic  of  Crimea  and  the 
city of Sevastopol by the Russian Federation in 2014 and to its continued destabilising 
actions  in  eastern  Ukraine,  the  European  Union  has  already  introduced  economic 
sanctions in response to Russia's actions destabilising the situation in Ukraine, linked 
to  the  incomplete  implementation  of  the  Minsk  agreements;  sanctions  in  respect  of 

6 
7 
17.5.2007). 

OJ L 129, 17.5.2007. 
Agreement between the European Community and the Russian Federation on readmission (OJ L 129, 

EN 

5 

  EN 

 
 
 
                                                 
actions  undermining  or 
integrity,  sovereignty  and 
the 
independence  of  Ukraine;  and  sanctions  in  response  to  the  illegal  annexation  of  the 
Autonomous  Republic  of  Crimea  and  the  city  of  Sevastopol  by  the  Russian 
Federation.  

threatening 

territorial 

(5) 

(6) 

(7) 

(8) 

As a signatory of the Minsk  agreements, the Russian Federation has  had a clear  and 
direct  responsibility  to  work  towards  finding  a  peaceful  settlement  of  the  conflict  in 
line  with  these  principles.  With  the  decision  to  recognise  the  non-government 
controlled regions of eastern Ukraine as independent entities, the Russian Federation 
has  clearly  violated  the  Minsk  agreements,  which  stipulate  the  full  return  of  these 
areas to the control of the Ukrainian government. 

The  decision  of  the  Russian  Federation  to  recognise  the  non-government-controlled 
areas  of  Donetsk  and  Luhansk  oblasts  of  Ukraine  as  independent  entities  and  the 
ensuing  decision  to  send  Russian  troops  into  Ukraine  further  undermines  Ukraine’s 
territorial  integrity,  sovereignty  and  independence,  and  is  a  severe  breach  of 
international  law  and  international  agreements,  including  the  UN  Charter,  Helsinki 
Final Act, Paris Charter and the Budapest Memorandum.  

Since  the  beginning  of  the  Russian  unprovoked  and  unjustified  aggression  against 
Ukraine on 24 February 2022, the situation has worsened, and Russia has expanded its 
full or partial occupation in the eastern and southern regions of Ukraine. Russia is also 
using  Ukraine’s  largest  nuclear  power  plant  in  Zaporizhzhia  as  a  military  facility, 
creating the risks for a major nuclear incident with spill-over effects on neighbouring 
countries, including Member States. 

On  24  February  2022,  the  European  Council  condemned  in  the  strongest  possible 
terms  Russia's  unprovoked  and  unjustified  military  aggression  against  Ukraine  and 
expressed  full  solidarity  with  Ukraine  and  its  people  together  with  its  international 
partners.  By  its  illegal  military  actions,  Russia  is  grossly  violating  international  law 
and  undermining  European  and  global  security  and  stability.  Subsequently,  on  25 
February,  the  Union  adopted  further  restrictive  measures  suspending  in  part  the 
application of the Agreement, in response to the unprovoked and unjustified Russian 
military aggression.8 

(9)  Military  aggression  which  takes  place  in  a  country  bordering  the  European  Union, 
such as that which has occurred in Ukraine and which has given rise to the restrictive 
measures, justifies measures designed to protect  the essential security interests of the 
European Union and its Member States. 

(10)  The  Russian  Federation  has  also  violated  the  Minsk  agreements  by  undermining 
Ukraine’s  territorial  integrity,  sovereignty  and  independence.  This  is  contrary  to  the 
Russian Federation’s international obligations. 

(11)  The military actions by the Russian Federation in Ukraine have increased the threats to 

the public order, national security and public health of the Member States.  

(12)  Therefore,  in  view  of  the  deteriorating  situation  triggered  by  Russia’s  military 
aggression  against  Ukraine,  the  Council  considers  that  the  application  of  the 
provisions  of  the  Agreement  providing  for  facilitations  for  citizens  of  the  Russian 
Federation applying for a short-stay visa should be suspended in whole.  

8 

Council Decision (EU) 2022/333. 

EN 

6 

  EN 

                                                 
(13)  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; 
Ireland is therefore not taking part in the adoption of this Decision and is not bound by 
it or subject to its application. 

(14) 

In  accordance  with  Articles  1  and  2  of  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. 

HAS ADOPTED THIS DECISION:  

Article 1 

The application of the provisions of the Agreement is suspended in whole as regards citizens 
of the Russian Federation.   

Council Decision (EU) 2022/333 is replaced by this Decision. 

Article 2 

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

Done at Brussels, 

For the Council 
The President 

EN 

7 

  EN