Proposal for a COUNCIL IMPLEMENTING DECISION on the application of an increased visa fee with respect to The Gambia
Date: 2022-11-09
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Schengen Agreement, The Gambia, administrative cooperation, admission of aliens, application of EU law, external border of the EU, foreign national, illegal migration, return migration

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   EUROPEAN COMMISSION  Brussels, 9.11.2022  COM(2022) 632 final 2022/0376 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION on the application of an increased visa fee with respect to The Gambia    
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
In accordance with  Article 25a(2) of the Visa Code1, the Commission shall  regularly  assess 
third countries' cooperation on readmission and report to the Council at least once a year.  

Based  on  this  assessment,  and  taking  into  account  the  steps  taken  by  the  Commission  to 
improve  the  level  of  cooperation  of  the  third  country  concerned  in  the  field  of  readmission 
and the Union’s overall relations with the third country concerned, the Commission concluded 
that  The  Gambia  did  not  cooperate  sufficiently  and  that  action  was  therefore  necessary. 
Therefore, on 15 July 2021, the Commission, in accordance with point (a) of Article 25a(5) of 
the  Visa  Code,  adopted  a  proposal  for  a  Council  implementing  decision  suspending  the 
application of certain provisions of the Visa Code referred to below in respect of nationals of 
The Gambia. The Council adopted the Implementing Decision (EU) 2021/1781 on 7 October 
20212. 

The Visa Code states that where the measures applied in accordance with such implementing 
decision are considered to be ineffective, following an assessment by the Commission and in 
accordance with point (b) of Article 25a(5) of the Visa Code, the Commission should submit 
a proposal for applying, on a gradual basis, one of the increased visa fees of EUR 120 or EUR 
160. This visa fee would apply instead of the standard visa fee of EUR 80. 

• 

The case of The Gambia 

After the adoption of the Council Implementing Decision (EU) 2021/1781, the Commission 
and  the  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy/Vice 
President continued the dialogue with the authorities of The Gambia  requesting the latter to 
improve  without  further  delay  its  cooperation  on  readmission.  The  Commission  and  the 
Member  States  engaged  with  representatives  of  The  Gambia’s  authorities  both  at  technical 
and  political  level.  On  multiple  occasions,  the  EU  side  has  emphasised  its  serious  concern 
with the lack of progress and the possible consequences of failing to improve the situation.  

Readmission  cooperation  with  The  Gambia  remains  challenging.  Member  States  have  been 
confronted with uneven cooperation in all phases of the readmission and return process. In the 
framework  of  continuous  assessments  carried  out  by  the  Commission  based  on  the  use  of 
reliable data provided by Member States, discussions in the relevant Council Working Groups 
and experts  groups meetings, as well  as  by Union institutions, bodies, offices and agencies, 
Member  States  reported  insufficient  cooperation  on  all  steps  of  the  readmission  process, 
including  when  applying  the  Good  Practices  on  identification  and  return  procedure,  agreed 
between the EU and The Gambia. 

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2 

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), OJ L 243, 15.9.2009, p. 1. 
Council  Implementing  Decision  (EU)  2021/1781  of  7  October  2021  on  the  suspension  of  certain 
provisions of Regulation (EC) No 810/2009 of the European Parliament and of the Council with respect 
to The Gambia 

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For  most  of  2019  and  2020,  and  between  March  2021  and  March  2022,  The  Gambia 
unilaterally  suspended  EU  Member  States’  possibility  to  return  Gambian  irregular  migrants 
by charter flights. 

There  has  not  yet  been  substantial  and  sustained  progress  on  the  readmission  and  return 
process,  although  The  Gambian  authorities  started  to  engage  on  readmission  in  2022. 
Cooperation on readmission is hindered by the lack of response of the Gambian authorities to 
identification  requests  made  by  the  Member  States,  by  slow  and  ineffective  identification 
practices,  such  as  the  rejection  of  readmission  applications  or  requests  for  additional 
interviews  when  proof  of  nationality  is  presented,  and  the  refusal  to  perform  identification 
interviews. Challenges persist in the timely issuance of travel documents, even for confirmed 
cases, which in turn affects the organisation of return operations. 

In  March  2022,  The  Gambia  lifted  the  unilateral  moratorium  on  charter  flights.  However, 
cooperation  on  return  operations  remains  difficult:  landing  permits  for  the  first  return 
operations  were  issued  by  the  Gambian  authorities  later  than  the  agreed  timeframe  of  one 
week before the flight, leading to organisational challenges and  cancellations. Subsequently, 
only  three  return  operations  have  taken  place  in  June,  July  and  September  2022.  Return 
operations need to continue and the frequency of flights needs to increase. 

Despite the adoption of the restrictive visa measures by the Council Implementing Decision 
and the continuous Commission’s engagement to improve the level of cooperation with The 
Gambia, there has not yet been any substantial and sustained progress regarding the indicators 
set out in Article 25a(2) of the Visa Code. 

On the basis of the above, and considering the overall relations and the steps taken so far by 
the  Commission  to  improve  the  level  of  cooperation,  it  is  considered  that  The  Gambia’s 
cooperation with the EU on readmission matters remains insufficient and that further action is 
needed. 

• 

The report on progress achieved in The Gambia’s cooperation on readmission 

Article  25a(7)  of  the  Visa  Code  tasks  the  Commission  with  reporting  to  the  European 
Parliament  and  to  the  Council  on  progress  achieved  in  The  Gambia’s  cooperation  on 
readmission  after  the  entry  into  force  of  the  measures  pursuant  to  Council  Implementing 
Decision (EU) 2021/1781. 

As  reported  above,  Member  States  were  confronted  with  uneven  cooperation  hampering  all 
phases of the readmission and return process.  

The situation after the entry into force of the suspended Visa Code provisions provided for in 
Council  Implementing  Decision  (EU)  2021/1781  shows  that  the  latter  have  proved  to  be 
ineffective, on their own, to elicit action on the part of The Gambia to achieve substantial and 
sustained progress on readmission cooperation.  Therefore, while maintaining the application 
of the existing measures, the Commission proposes to go further, in accordance with point (b) 
of  Article  25a(5)  of  the  Visa  Code,  i.e.  to  apply  an  increased  visa  fee  to  nationals  of  The 
Gambia. The objective is  to  foster necessary actions by  the Gambian authorities  to  improve 
cooperation on readmission. 

• 

The Union’s overall relations with The Gambia 

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Since the democratic transition in 2017, the EU has provided consistent political and financial 
support to The Gambia. 

The  Gambia  has  taken  positive  steps  in  recent  years  to  progressively  consolidate  its 
democracy and recently completed successful presidential (January 2022) and  parliamentary 
(April  2022)  elections.    As  a  result,  the  EU  has  worked  to  enhance  political  engagement, 
lending support to  a positive example in  West  Africa, in  particular through more high-level 
contacts. 

The national Multiannual Indicative Programme for the period 2021-20273 has an envelope of 
EUR 119 million.  

The  Gambia  enjoys  duty-free  and  quota-free  access  to  the  European  market  under  the 
Everything  But  Arms  arrangement  (EBA)4.  The  6-years  Fisheries  Partnership  Agreement5 
was signed in 2019.  The country is a party to the Cotonou Agreement6. 

• 

Council Implementing Decision (EU) 2021/1781 

In its assessment of cooperation in 2019, the Commission concluded that The Gambia did not 
cooperate sufficiently on readmission. On the basis of a Commission proposal under point (a) 
of  Article  25a(5)  of  the  Visa  Code,  on  7  October  2021  the  Council  adopted  Implementing 
Decision (EU) 2021/1781, which temporarily suspends the application of certain provisions of 
the Visa Code with respect to nationals of The Gambia. The suspended provisions are: 

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– 

– 

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the possibility of waiving, in individual cases, some of the requirements with regard 
to  the  documentary  evidence  to  be  submitted  by  visa  applicants.  This  means  that 
irrespective of a given applicant’s ‘visa history’ and correct use of previously granted 
visas, a full set of supporting documents proving fulfilment of the entry conditions as 
set out in the Schengen Borders Code has to be submitted with every application.  

the  possibility  for  individual  Member  States  to  waive  the  visa  fee  for  holders  of 
diplomatic and service passports in accordance with point (b) of Article 16(5) of the 
Visa Code. This category of applicants has to pay the standard visa fee. 

the  general  15  calendar  days  processing  period  referred  to  in  Article  23(1)  of  the 
Visa Code. Consequently, the standard processing time is  now 45 days in all cases 
falling within the scope of the measures. 

the issuing of multiple entry visas (MEVs) in accordance with Article 24(2) and (2c) 
of  the  Visa  Code.  This  means  that  only  single  entry  visas  are  issued  to  applicants 
covered by the measures. 

These  measures  have  been  applied  by  Member  States  since  November  2021  and  they  will 
continue to be in force until the Council adopts a decision to amend or repeal them. 

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The proposed additional visa measures 

https://international-partnerships.ec.europa.eu/system/files/2019-09/nip-gambia-edf11-2016_en.pdf 
Regulated by Regulation (EU) No 978/2012 

OJ L 208, 8.8.2019 

OJ L 317, 15.12.2000 

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Scope of measures 

The  increased  visa  fee  would  only  apply  to  Gambian  nationals  who  are  subject  to  the  visa 
requirement. It would not apply to children below the age of 12, nor to applicants who benefit 
from  a  waiver  of  the  visa  fee.  Furthermore,  the  increase  in  the  visa  fee  would  be  without 
prejudice  to  the  possibility  provided  for  under  Article  16(6)  of  the  Visa  Code  to  waive  or 
reduce the visa fee in individual cases. 

In  addition,  the  increase  of  the  visa  fee  does  not  apply  to  family  members  of  (mobile)  EU 
citizens covered by Directive 2004/38/EC7 and of third country nationals enjoying a right of 
free  movement  equivalent  to  that  of  Union  citizens  under  an  agreement  between  the  Union 
and its Member States, on the one hand, and the third countries concerned, on the other. It is 
also without prejudice to the obligations of Member States under international law. 

Content of the visa measures   

Article 16(2a) of the Visa Code allows for an application of a visa fee of EUR 120 or EUR 
160 to be charged, instead of the standard visa fee of EUR 80. Given that the increased visa 
fee should be applied “on a  gradual basis”,  as  provided for in  Article 25a(5)(b) of the Visa 
Code, the Commission considers it appropriate to propose, at this stage, the application of a 
visa fee of EUR 120 to Gambian nationals that fall within the scope of the new measure. 

Period of application of the increased visa fee 

Point  (b)  of  Article  25a(5)  of  the  Visa  Code  does  not  provide  for  a  specific  period  of 
application  of  the  increased  visa  fee.  It  will  therefore  remain  in  effect  until  the  Council 
decides to amend or repeal it.  

Pursuant  to  Article  25a(6)  of  the  Visa  Code,  the  Commission  should  continuously  assess 
progress  in  readmission  cooperation  on  the  basis  of  the  indicators  set  out  in  Article  25a(2), 
including  the  assistance  provided  in  the  identification  of  persons  illegally  staying  on  the 
territory of the Member States, the timely issuance of travel documents and the organisation 
of  return  operations.  The  Commission  should  report  whether  substantial  and  sustained 
improvement  in  the  cooperation  with  the  third  country  concerned  on  readmission  can  be 
established  and,  taking  also  account  of  the  Union's  overall  relations  with  that  third  country, 
may submit a proposal to the Council to repeal or amend the implementing decision.  

In addition, pursuant to Article 25a(7), the Commission should – at the latest six months after 
the entry into force of the implementing decision – report to the European Parliament and to 
the Council on the progress achieved in the given third country’s cooperation on readmission. 

• 

Consistency with existing policy provisions in the policy area 

The  proposed  decision  is  consistent  with  the  Visa  Code  setting  the  harmonised  rules  of  the 
common  visa  policy  governing  the  procedures  and  conditions  for  issuing  visas  for  intended 
stays on the territory of the Member States not exceeding 90 days in any 180-day period. The 

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Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of 
citizens  of  the  Union  and  their  family  members  to  move  and  reside  freely  within  the  territory  of  the 
Member  States  amending  Regulation  (EEC)  No  1612/68  and  repealing  Directives  64/221/EEC, 
68/360/EEC,  72/194/EEC,  73/148/EEC,  75/34/EEC,  75/35/EEC,  90/364/EEC,  90/365/EEC  and 
93/96/EEC (OJ L 158, 30.4.2004, p. 77). 

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proposed  decision  builds  upon  the  measures  that  have  already  been  applied  since  late  2021 
with  respect  to  The  Gambia  under  Council  Implementing  Decision  (EU)  2021/1781  and  is 
therefore consistent with it. 

• 

Consistency with other Union policies 

The EU promotes a comprehensive approach on migration and forced displacement, based on 
shared  values  and  responsibilities.  The  New  Pact  on  Migration  and  Asylum  foresees 
developing and deepening tailor-made comprehensive and balanced partnerships to foster co-
operation on all relevant aspects:  

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Providing  protection  to  those  in  need  of  it  and  support  to  host  countries  and 
communities; 

Building economic opportunity and addressing the root causes of irregular migration 
and forced displacement;  

Supporting partners to strengthen migration governance and management;  

Fostering cooperation on return and readmission;  

Developing legal pathways to Europe. 

The cooperation between Member States  and third countries on the readmission of illegally 
staying  third  country  nationals  is  an  important  element  of  this  policy.  To  reinforce  such 
comprehensive  partnerships  and  ensure  full  cooperation  from  third  countries,  the  European 
Council  has  called  for  the  EU  to  mobilise  all  available  tools,  including  development 
cooperation, trade or visa measures8. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

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), Article 25a(5), point (b). 

• 

n.a 

• 

Subsidiarity (for non-exclusive competence)  

Proportionality 

The purpose of the proposed measures is to convince The Gambia to improve its cooperation 
on the readmission of illegally staying third country nationals. They are  proportionate to the 
objective  pursued.  The  proposed  measures  do  not  affect  the  possibility  for  nationals  of  The 
Gambia  to  apply  for  and  be  granted  visas,  but  only  increase  the  fee  to  be  charged  to 
applicants.  Additionally,  certain  categories  of  persons  are  excluded  from  the  scope  of  this 
decision. 

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EUCO 22/21 (17) 

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RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Stakeholder consultations 

Collection and use of expertise 

Impact assessment 

Regulatory fitness and simplification 

3. 

• 

n.a. 

• 

n.a.  

• 

n.a. 

• 

n.a. 

• 

n.a. 

• 

Fundamental rights 

The  proposed  measures  do  not  affect  the  possibility  to  apply  for  and  be  granted  visas  and 
hence respect the fundamental rights of applicants, in particular the respect for family life.    

BUDGETARY IMPLICATIONS 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Explanatory documents (for directives) 

4. 

n.a. 

5. 

• 

n.a. 

• 

n.a. 

• 

Detailed explanation of the specific provisions of the proposal 

Article  1  clarifies  the  scope  of  the  proposed  implementing  decision.  Paragraphs  1  and  2 
specify that it only applies to nationals of The Gambia that are subject to the visa requirement, 
and not to those that are exempt on the basis of Articles 4 or 6 of Regulation (EU) 2018/1806. 

Paragraph  3  sets  out  that  the  decision  does  not  apply  to  children  under  the  age  of  12,  as 
provided for in Article 16(2a) of the Visa Code.  

Paragraph 4 makes it clear that the decision does not apply to applicants for whom the visa fee 
is  waived  in  accordance  with  Article  16(4)  or  points  (a)  or  (c)  of  Article  16(5)  of  the  Visa 
Code. However, visa fees cannot be waived for holders of diplomatic and service passports of 
The  Gambia,  since  the  application  of  point  (b)  of  Article  16(5)  of  the  Visa  Code  has  been 
suspended by Council Implementing Decision 2021/1781. Holders of such passports who are 
nationals of The Gambia are therefore subject to the proposed implementing decision and the 
increased visa fee. 

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Furthermore,  paragraph  5  specifies  that  the  decision  is  without  prejudice  to  the  possibility 
provided for in Article 16(6) of the Visa Code to reduce or waive the visa fee in individual 
cases. 

Paragraph 6 exempts from the scope of the proposed decision visa applicants who are family 
members of a Union citizen to whom Directive 2004/38/EC applies, and family members of a 
national  of  a  third  country  enjoying  a  right  of  free  movement  equivalent  to  that  of  Union 
citizens under an agreement between the Union and its Member States, on the one hand, and a 
third country, on the other. 

Paragraph  7  specifies  that  the  proposed  decision  is  without  prejudice  to  Member  States’ 
international  obligations, while paragraph 8 recalls that the proposed implementing decision 
does  not  affect  the  application  of  the  visa  measures  already  in  force  with  respect  to  The 
Gambia in accordance with Council Implementing Decision (EU) 2021/1781. 

Article 2 sets out that a visa fee of EUR 120 shall apply to nationals of The Gambia falling 
within the scope of the proposed decision. 

Article  3  contains  the  list  of  addressees  of  the  proposed  decision,  i.e.  the  relevant  Member 
States. 

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2022/0376 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

on the application of an increased visa fee with respect to The Gambia  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union,  

Having  regard  to  Regulation  (EC)  No  810/2009  of  the  European  Parliament  and  the  of 
Council  of  13  July  2009  establishing  a  Community  Code  on  Visas  (Visa  Code)9,  and  in 
particular Article 25a(5), point (b) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

Cooperation  on  readmission  with  The  Gambia  was  assessed  as  insufficient  under 
Article 25a(2) of Regulation (EC) No 810/2009. Taking into account the steps taken to 
improve the level of cooperation, and the Union’s overall relations with The Gambia, 
it  was  considered  that  The  Gambia’s  cooperation  with  the  Union  on  readmission 
matters was not sufficient and action by the Union was therefore necessary.  

In  accordance  with  Article  25a(5),  point  (a),  of  Regulation  (EC)  No  810/2009,  on  7 
October  2021  Council  Implementing  Decision  (EU)  2021/178110  has  been  adopted, 
with which  the application of Article 14(6),  Article 16(5) point (b), Article 23(1) and 
Article  24(2)  and  (2c)  of  Regulation  (EC)  No  810/2009  have  been  temporarily 
suspended with respect to certain nationals of The Gambia.  

In accordance with Article 25a(2) of Regulation (EC) No 810/2009, the Commission 
has continuously assessed the cooperation on readmission with The Gambia after the 
entry into force of Council  Implementing Decision (EU) 2021/1781.  The assessment 
indicates  that  no  significant  improvements  have  taken  place,  as  cooperation  on 
identification and return remains challenging, the timeframe set by the EU readmission 
arrangement  was  not  respected  and  a  moratorium  on  returns  by  charter  flights  – 
unilaterally introduced by The Gambia – remained in place until March 2022. Despite 
some  limited  developments,  notably  the  issuance  of  three  landing  permits  for  return 
operations  that took place after the suspension of the moratorium  introduced by  The 
Gambia, cooperation on readmission remains insufficient and substantial and sustained 
improvements are still needed. 

(4) 

The  assessment  by  the  Commission  is  that,  despite  the  measures  adopted  in  Council 
Implementing  Decision  (EU)  2021/1781,  The  Gambia’s  cooperation  with  the  Union 

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10 

OJ L 243, 15.9.2009, p. 1. 
Council  Implementing  Decision  (EU)  2021/1781  of  7  October  2021  on  the  suspension  of  certain 
provisions of Regulation (EC) No 810/2009 of the European Parliament and of the Council with respect 
to The Gambia (OJ L 360, 11.10.2021, p. 124)  

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(5) 

(6) 

(7) 

(8) 

(9) 

on  readmission  matters  continues  to  be  insufficient  and  further  action  is  therefore 
needed. Council Implementing Decision (EU) 2021/1781 should remain in force. 

The application of  a higher visa fee, on  a  gradual  basis, to  nationals of  The Gambia 
should  send  a  clear  signal  to  the  Gambian  authorities  on  the  need  to  undertake  the 
necessary actions to improve cooperation on readmission. 

A visa fee of EUR 120, as set out in Article 16(2a) of Regulation (EC) No 810/2009, 
should  therefore  apply  to  nationals  of  The  Gambia  who  are  subject  to  the  visa 
requirement pursuant  to  Regulation  (EU) 2018/1806 of the European Parliament and 
of  the  Council11.  That  fee  does  not  apply  to  children  below  the  age  of  12  years.  It 
should also not apply to applicants for whom the visa fee is waived in accordance with 
Article 16(4) or of Article 16(5), points (a) or (c), of Regulation (EU) 810/2009.  

 This  Decision  should  not  affect  the  application  of  Directive  2004/38/EC,  which 
extends the right of free movement to family members independent of their nationality 
when joining or accompanying the Union citizen. This Decision should thus not apply 
to family members of a Union citizen to whom Directive 2004/38/EC applies or of a 
national  of  a  third  country  enjoying  a  right  of  free  movement  equivalent  to  that  of 
Union citizens under an agreement between the Union and a third country. 

The  measures  provided  for  in  this  Decision  should  be  without  prejudice  to  the 
obligations of the Member States under international law, including as host countries 
of  international  intergovernmental  organisations  or  of  international  conferences 
convened by the United Nations or other international intergovernmental organisations 
hosted  by  Member  States.  Thus,  the  application  of  the  increased  visa  fee  should  not 
apply  to  nationals  of  The  Gambia,  applying  for  a  visa  in  so  far  as  necessary  for 
Member States to comply with their obligations as host countries of such organisations 
or of such conferences. 

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.  Given  that  this  Decision  builds  upon  the 
Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide 
within a period of six months after the Council has decided on this Decision whether it 
will implement it in its national law.    

(10)  This  Decision  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC12; 
Ireland is therefore not taking part in the adoption of this Decision and is not bound by 
it or subject to its application. 

(11)  As regards Iceland and Norway, this Decision constitutes a development of provisions 
of  the  Schengen  acquis  within  the  meaning  of  the  Agreement  concluded  by  the 
Council  of  the  European  Union  and  the  Republic  of  Iceland  and  the  Kingdom  of 
Norway  concerning  the  latters’  association  with  the  implementation,  application  and 

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12 

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  (codification)  (OJ  L  303, 
28.11.2018, p. 39). 
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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development of the Schengen acquis13 which fall within the area referred to in Article 
1, point B of Council Decision 1999/437/EC14. 

(12)  As regards Switzerland,  this Decision constitutes a development  of the provisions of 
the  Schengen  acquis  within  the  meaning  of  the  Agreement  between  the  European 
Union,  the  European  Community  and  the  Swiss  Confederation  on  the  Swiss 
Confederation’s association with the implementation, application and development of 
the Schengen acquis15  which fall within the area referred to in Article 1, point B of 
Decision  1999/437/EC  read  in  conjunction  with  Article  3  of  Council  Decision 
2008/146/EC16 . 

(13)  As regards Liechtenstein, this Decision constitutes a development of the provisions of 
the Schengen acquis within the meaning of the Protocol between the European Union, 
the  Principality  of 
the  European  Community, 
Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement 
between the European Union, the European Community and the Swiss Confederation 
on  the  Swiss  Confederation’s  association  with  the  implementation,  application  and 
development of the Schengen acquis17  which fall within the area referred to in Article 
1,  point  B  of  Decision  1999/437/EC  read  in  conjunction  with  Article  3  of  Council 
Decision 2011/350/EU18. 

the  Swiss  Confederation  and 

(14)  This Decision constitutes an act building upon, or otherwise relating to, the Schengen 
acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, 
Article  4(2)  of  the  2005  Act  of  Accession  and  Article  4(2)  of  the  2011  Act  of 
Accession, 

HAS ADOPTED THIS DECISION:  

Article 1 

Scope 

1. 

This  Decision  shall  apply  to  nationals  of  The  Gambia  who  are  subject  to  the  visa 
requirement pursuant to Regulation (EU) 2018/180619. 

13 
14 

15 
16 

17 
18 

19 

OJ L 176, 10.7.1999, p. 36. 
Council  Decision  1999/437/EC  of  17  May  1999  on  certain  arrangements  for  the  application  of  the 
Agreement  concluded  by  the  Council  of  the  European  Union  and  the  Republic  of  Iceland  and  the 
Kingdom  of  Norway  concerning  the  association  of  those  two  States  with  the  implementation, 
application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31). 
OJ L 53, 27.2.2008, p. 52. 
Council  Decision  2008/146/EC  of  28  January  2008  on  the  conclusion,  on  behalf  of  the  European 
Community, of the Agreement between the European Union, the European Community and the Swiss 
Confederation  on  the  Swiss  Confederation’s  association  with  the  implementation,  application  and 
development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1). 
OJ L 160, 18.6.2011, p. 21. 
Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 
of the Protocol between the European Union, the  European Community, the Swiss Confederation and 
the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement 
between  the  European  Union,  the  European  Community  and  the  Swiss  Confederation  on  the  Swiss 
Confederation’s  association  with  the  implementation,  application  and  development  of  the  Schengen 
acquis,  relating  to  the  abolition  of  checks  at  internal  borders  and  movement  of  persons  (OJ  L  160, 
18.6.2011, p. 19). 
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 

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2. 

3. 

4. 

5. 

This Decision shall not apply to nationals of The Gambia who are exempt from the 
visa requirement under Article 4 or Article 6 of Regulation (EU) 2018/1806. 

This  Decision  shall  be  without  prejudice  to  the  possibility  to  waive  or  reduce  the 
amount of the visa fee to be charged in individual cases, in accordance with Article 
16(6) of Regulation (EC) No 810/2009. 

This  Decision  shall  not  apply  to  nationals  of  The  Gambia  applying  for  a  visa  and 
who are family members of a Union citizen to whom Directive 2004/38/EC applies 
or family members of a national of a third country enjoying a right of free movement 
equivalent  to  that  of  Union  citizens  under  an  agreement  between  the  Union  and  a 
third country. 

This Decision shall be without prejudice to the cases where a Member State is bound 
by an obligation of international law, namely: 

(a) 

(b) 

as a host country of an international intergovernmental organisation; 

as  a  host  country  to  an  international  conference  convened  by,  or  under  the 
auspices  of,  the  United  Nations  or  other  international  intergovernmental 
organisations hosted by a member State; 

(c) 

under a multilateral agreement conferring privileges and immunities; or 

(d)  pursuant  to  the  1929  Treaty  of  Conciliation  (Lateran  Pact)  concluded  by  the 

Holy See (Vatican City State) and Italy, as last amended. 

6. 

This Decision shall be without prejudice to the measures provided for and applied in 
accordance with Council Implementing Decision (EU) 2021/1781. 

Nationals of The Gambia shall pay a visa fee of EUR 120. 

Article 2 

Subject-matter 

borders  and  those  whose  nationals  are  exempt  from  that  requirement  (codification)  (OJ  L  303, 
28.11.2018, p. 39). 

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Article 3 

Addressees 

This Decision is addressed to the Kingdom of Belgium, the Republic of Bulgaria, the Czech 
Republic, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, 
the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the 
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of 
Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic 
of  Austria,  the  Republic  of  Poland,  the  Portuguese  Republic,  Romania,  the  Republic  of 
Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden. 

Done at Brussels, 

For the Council 
The President 

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