Proposal for a COUNCIL DECISION on the suspension in whole of the application of the Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver
Date: 2022-10-12
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Schengen Agreement, Vanuatu, agreement (EU), external border of the EU, foreign national, withdrawal from an agreement

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   EUROPEAN COMMISSION  Brussels, 12.10.2022  COM(2022) 531 final 2022/0327 (NLE)  Proposal for a COUNCIL DECISION on the suspension in whole of the application of the Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver   
 
 
EXPLANATORY MEMORANDUM 

The  Republic  of  Vanuatu  is  listed  in  Annex  II  to  Regulation  (EU)  2018/18061  among  the 
third countries whose nationals are exempt from the requirement to be in possession of a visa 
when crossing the external borders of the Member States for stays of no more than 90 days in 
any 180-day period.   

The  exemption  from  the  visa  requirement  for  nationals  of  Vanuatu  is  applicable  since  28 
May 2015, when the Agreement between the European Union and the Republic of Vanuatu 
on  the  short-stay  visa  waiver  (‘the  Agreement’)  was  signed  and  started  to  apply  on  a 
provisional basis in accordance with Article 8(1) of the Agreement. The Agreement entered 
into force on 1 April 2017.  

Since 25 May 2015, Vanuatu  has operated investor citizenship schemes that present  public 
policy and security risks for the EU Member States. In particular, these schemes allow visa-
required  third-country  nationals  to  easily  obtain  the  nationality  of  a  visa-free  country,  thus 
enabling them to bypass the Schengen visa procedure and gain visa-free access to the EU. 

The  Commission  assessed  the  investor  citizenship  schemes  operated  by  Vanuatu  and 
concluded  that  such  schemes  represent  an  increased  risk  to  the  internal  security  of  the 
Member States. The assessment also concluded that Vanuatu’s investor citizenship schemes 
could  allow  third-country  nationals  to  circumvent  the  Union  short-stay  visa  procedure  and 
the assessment of security and migratory risks it entails. 

In accordance with Article 8(4) of the Agreement, Parties can suspend it in whole or in part 
for reasons of public policy or the protection of national security. 

In light of the above, the Commission adopted, on 12 January 2022, a proposal for a Council 
decision to partially suspend the application of the Agreement. The decision was adopted by 
the Council on 3 March 2022. The suspension is limited to ordinary passports issued as of 25 
May  2015,  when  the  number  of  successful  applicants  under  Vanuatu’s  investor  citizenship 
schemes started to increase significantly. 

Following the partial  suspension of the Agreement  by  Council Decision (EU) 2022/366,  in 
accordance  with  Article  8(2)(d),  8(3)  and  8(6)  of  Regulation  (EU)  2018/1806,  the 
Commission  concluded  that  the  granting  of  citizenship  by  Vanuatu  under  its  investor 
citizenship schemes constitutes an increased risk to the internal security and public policy of 
the  Member  States  and  decided  that  action  is  needed.  On  the  basis  of  Article  8(6)(a)  of 
Regulation  (EU)  2018/1806,  the  Commission  Implementing  Regulation  (EU)  2022/693  on 
the temporary suspension of the visa exemption for nationals of Vanuatu was adopted, with 
regard to holders of ordinary passports issued by Vanuatu as of 25 May 2015, and applicable 
from 4 May 2022 to 3 February 20232. 

Following the entry into force of the suspension of the exemption from the visa requirement 
for  nationals  of  Vanuatu  on  4  May  2022,  and  in  accordance  with  Article  8(6)(a),  last  sub-
paragraph,  of  Regulation  (EU)  2018/1806,  the  Commission  has  launched  an  enhanced 
dialogue with  Vanuatu  with a view to  remedy the situation that  gave rise to  the temporary 

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Regulation  (EU)  2018/1806  of  the  European  Parliament  and  of  the  Council  of  14  November  2018 
listing  the  third  countries  whose  nationals  must  be  in  possession  of  visas  when  crossing  the  external 
borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, p. 39). 
Commission Implementing Regulation (EU) 2022/693 of 27 April 2022 on the temporary suspension of 
the visa exemption for nationals of Vanuatu (OJ L 129, 3.5.2022, p. 18). 

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suspension of the visa exemption. 

On 12 May 2022, the kick-off meeting of this dialogue was held, where both parties agreed 
to  achieve a mutually satisfactory solution.  The Commission  proposed, to this end, to  hold 
monthly technical meetings. Vanuatu agreed to appoint an interlocutor and communicate on 
this  with  the  Commission,  in  order  to  proceed  with  the  subsequent  technical  meetings. 
However, notwithstanding reminders sent by the Commission on 1 June and 23 June 2022, 
Vanuatu has not provided the Commission with any follow-up contacts or information.   

In  September  2022,  the  Commission’s  services  received  an  update  from  Vanuatu’s 
representatives  on  the  political  situation  of  the  country,  with  the  Parliament  having  been 
dissolved  on  18  August  2022  and  general  elections  scheduled  to  take  place  on  13  October 
2022.  In  this  context,  Vanuatu’s  representatives  explained  that  any  decision  on  the 
continuation  of  the  dialogue  with  the  Commission  would  have  to  await  the  results  of  the 
general elections and the formation of a new government. 

Vanuatu  has  not  taken  measures  in  view  of  remedying  the  circumstances  that  led  to  the 
temporary  suspension  of  the  visa  exemption,  and  thus  the  increased  risk  to  the  internal 
security and public policy of the Member States persists. At the same time, the Commission 
considers  that  Vanuatu  does  not  act  engage  in  a  dialogue  with  the  Union.  Thus,  the 
Commission considers that a suspension in whole of the Agreement is required.  

Therefore, Council Decision (EU) 2022/366 should be replaced by a Council Decision on the 
suspension  in  whole of the application of the Agreement between the European Union and 
the Republic of Vanuatu on the short-stay visa waiver. 

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2022/0327 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the suspension in whole of the application of the Agreement between the European 
Union and the Republic of Vanuatu on the short-stay visa waiver 

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), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  Agreement  between  the  European  Union  and  the  Republic  of  Vanuatu  on  the 
short-stay  visa  waiver3  (‘the  Agreement’)  was  signed  on  and  provisionally  applied 
since 28 May 20154 to facilitate travel to the Union for nationals of Vanuatu and travel 
to Vanuatu for citizens of the Union.  

The  Agreement  is  based  on  the  Union's  and  Vanuatu’s  common  desire  to  encourage 
people-to-people  contacts,  boost  tourism  and  invigorate  business  between  the  Union 
and Vanuatu. 

Under Article 8(4) of the Agreement, either party may suspend in whole or in part the 
Agreement,  in  particular  for  reasons  of  public  policy  and  the  protection  of  national 
security. The decision on suspension is to be notified to the other party no later than 2 
months  before  its  planned  entry  into  force.  Should  the  reasons  for  that  suspension 
cease to exist, the party that has suspended the Agreement is to inform the other party 
immediately and to lift the suspension. 

Vanuatu  operates  investor  citizenship  schemes,  whereby  it  has  granted  Vanuatu 
nationality  to  nationals  of  other  countries  with  no  previous  connection  to  Vanuatu, 
issuing  positive  decisions  on  the  vast  majority  of  applications.  Until  March  2021,  it 
issued over 10 500 passports with an extremely low rejection rate.5 This raises doubts 
as  to  the  reliability  of  the  security  and  due  diligence  screening  carried  out  by  the 
Vanuatu authorities. 

(5) 

Furthermore, the countries of origin of successful applicants include several countries 
whose nationals are required to possess visas when crossing the external borders of the 
Union. 

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OJ L 173, 3.7.2015, p. 48. 
Council Decision (EU) 2015/1035 of 7 May 2015 on the signing, on behalf of the European Union, and 
provisional application of the Agreement between the European Union and the Republic of Vanuatu on 
the short-stay visa waiver  (OJ L 173, 3.7.2015, p. 46–47)  
Information provided by Vanuatu's Passport Office on 14 June 2021. 

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(6) 

In  exchanges  between  the  Commission  and  Vanuatu’s  authorities  in  October  2017, 
November  2019,  June  2020  and  March  2021,  the  Commission  expressed  serious 
concerns regarding Vanuatu’s investor citizenship schemes, in particular the granting 
of citizenship to persons listed in Interpol databases, the absence of physical presence 
or  residence  requirements,  the  schemes’  short  processing  periods  and  the  lack  of 
systematic exchange of information  with  applicants’ countries of origin  or past  main 
residence,  and  warned  the  government  of  Vanuatu  of  the  possibility  of  the  visa 
requirement being reinstated should the concerns not be addressed. The explanations 
provided by Vanuatu were not sufficient to alleviate those concerns. 

(7) 

Consequently, the application of the Agreement was partially suspended with Council 
Decision  (EU)  2022/3666.  The  suspension  is  limited  to  ordinary  passports  issued  by 
Vanuatu  as  of  25  May  2015,  when  the  number  of  successful  applicants  under 
Vanuatu's investor citizenship schemes started to increase significantly. 

(8)  Whilst  Decision  (EU)  2022/366  partially  suspended  the  Agreement,  it  was  also 

necessary to provide for the suspension at the level of Union law. 

(9) 

Therefore,  based  on  Regulation  (EU)  2018/1806  of  the  European  Parliament  and  of 
the  Council7,  on  27  April  2022,  the  Commission  adopted  Implementing  Regulation 
(EU)  2022/6938  temporary  suspending  the  exemption  from  the  visa  requirement  for 
nationals of Vanuatu holding ordinary passports issued by Vanuatu as of 25 May 2015 
for a period of nine months, applicable from 4 May 2022 to 3 February 2023. 

(10)  Following the entry into force of that suspension, in accordance with Regulation (EU) 
2018/1806, the Commission has launched an enhanced dialogue with Vanuatu with a 
view to remedying the circumstances that gave rise to the temporary suspension of the 
exemption from the visa requirement. 

(11)  While  this  dialogue  commenced  on  12  May  2022,  subsequently  Vanuatu  has  not 
engaged  in  any  meaningful  way.  During  the  nine-month  period  set  down  by 
Implementing Regulation (EU) 2022/693, it has thus not been possible to remedy the 
circumstances which gave rise to the temporary suspension of the exemption from the 
visa requirement. 

(12)  The  investor  citizenship  schemes  operated  by  Vanuatu  continue  representing  an 
increased risk to the internal security of the Member States and a circumvention of the 
Union short-stay visa procedure and of the assessment of security and migratory risks 
it  entails.  In  the  absence  of  engagement  of  Vanuatu  to  remedy  these  circumstances, 
Decision  (EU)  2022/366  should  therefore  be  repealed  and  the  application  of  the 
Agreement in whole as regards all nationals of Vanuatu should be suspended. 

(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/EC9; 

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Council  Decision (EU) 2022/366 of 3 March 2022 on the  partial suspension of the application of the 
Agreement between the European Union and the Republic of Vanuatu on the short-stay visa waiver (OJ 
L 69, 4.3.2022, p. 105). 
Regulation  (EU)  2018/1806  of  the  European  Parliament  and  of  the  Council  of  14 November  2018 
listing  the  third  countries  whose  nationals  must  be  in  possession  of  visas  when  crossing  the  external 
borders and those whose nationals are exempt from that requirement (OJ L 303, 28.11.2018, p. 39). 
Commission Implementing Regulation (EU) 2022/693 of 27 April 2022 on the temporary suspension of 
the visa exemption for nationals of Vanuatu (OJ L 129, 3.5.2022, p. 18). 
Council Decision 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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Ireland is therefore not taking part in the adoption of this Decision and is not bound by 
it or subject to its application, 

HAS ADOPTED THIS DECISION:  

The application of the Agreement between the European Union and the Republic of Vanuatu 
on the short-stay visa waiver is suspended in whole as regards nationals of Vanuatu, as from 4 
February 2023. 

Article 1 

Decision (EU) 2022/366 is repealed. 

Article 2 

Article 3 

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

Done at Brussels, 

For the Council 
The President 

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