Proposal for a COUNCIL IMPLEMENTING DECISION on repealing Implementing Decision (EU) 2022/2459 on the application of an increased visa fee with respect to The Gambia
Date: 2023-09-27
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Schengen Agreement, The Gambia, administrative cooperation, admission of aliens, external border of the EU, foreign national, illegal migration, return migration

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   EUROPEAN COMMISSION  Brussels, 27.9.2023  COM(2023) 569 final 2023/0345 (NLE)  Proposal for a COUNCIL IMPLEMENTING DECISION on repealing Implementing Decision (EU) 2022/2459 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  Regulation  (EC)  No  810/2009  (the “Visa  Code”)1,  the 
Commission  shall  regularly  assess  third  countries'  cooperation  on  readmission  and  report  to 
the Council at least once a year.  

Based  on  the  annual  assessment  on  cooperation  in  2019  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.  On  15  July  2021,  in  accordance  with  point  (a)  of  Article  25a(5)  of  the 
Visa  Code,  the  Commission  adopted  a  proposal  for  a  Council  Implementing  Decision 
suspending  the  application  of  provisions  in  Article  14(6),  point  (b),  Article  16(5),  Article 
23(1) and Article 24(2) and (2c) of the Visa Code in respect of nationals of The Gambia. The 
Council adopted the Implementing Decision (EU) 2021/1781 on 7 October 20212. 

In accordance  with  Article 25a(2) of  the Visa Code, the Commission  continuously assessed 
the  cooperation  on  readmission  with  The  Gambia  after  the  entry  into  force  of  Council 
Implementing  Decision (EU) 2021/1781.  Based on the annual  assessment  on cooperation in 
2020, the Commission concluded that the measures applied were ineffective as, despite some 
limited developments, cooperation on readmission remained insufficient.  

Therefore, on 9  November 2022, in  accordance  with  point (b) of Article 25a(5) of the Visa 
Code,  the  Commission  adopted  a  proposal  for  a  Council  Implementing  Decision  on  the 
application of an increased visa fee of EUR 120 in respect of nationals of The Gambia. The 
Council adopted the Implementing Decision (EU) 2022/2459 on 8 December 20223.  

In accordance with Article 25a(6) of the Visa Code, the Commission shall continuously assess 
and  report,  on  the  basis  of  the  indicators  set  out  in  paragraph  2  of  that  Article,  whether 
substantial  and  sustained  improvement  in  the  cooperation  with  the  third  country  concerned 
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 decisions 
referred to in paragraph 5 of that Article.  

Following  the  entry  into  force  of  Council  Implementing  Decision  (EU)  2022/2459,  in 
accordance  to  Article  25a(6)  of  the  Visa  Code,  the  Commission  continued  to  assess  The 
Gambia’s cooperation on readmission, including the assistance provided in the identification 
of  Gambian  nationals  illegally  staying  on  the  territory  of  the  Member  States,  the  timely 
issuance of travel documents and the organisation of return operations.  

The Commission assessed that, since the entry into force of Council Implementing Decision 
(EU) 2022/2459, a substantial and sustained improvement in the cooperation on readmission 
can be established in the organisation of return flights and operations. 

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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. 
Council  Implementing  Decision  (EU)  2022/2459  of  8  December  2022  on  the  application  of  an 
increased visa fee with respect to The Gambia. 

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However, the cooperation with The Gambia on readmission is still not sufficient with regard 
to  assistance  provided  in  the  identification  of  Gambian  nationals  illegally  staying  on  the 
territory  of  all  Member  States  and  the  timely  issuance  of  travel  documents.  Additionally, 
capacity  or  frequency  of  charter  flights  should  be  increased  to  allow  for  a  sustainable 
reduction  of  the  number  of  persons  illegally  staying  in  the  Member  States.  Therefore,  the 
Commission considers that Council Implementing Decision (EU) 2021/1781 should remain in 
force. 

The case of The Gambia 

The  non-binding  EU  readmission  arrangement  with  The  Gambia  (“Good  Practices  on 
identification and return”) entered into operation on 16 November 2018.  

Following  the  adoption  of  the  Council  Implementing  Decision  (EU)  2021/1781,  the 
Commission and the High Representative enhanced their engagement with the authorities of 
The  Gambia  on  readmission  cooperation  at  all  levels,  both  in  Brussels  and  Banjul,  while 
continuing to monitor The Gambia’s cooperation.  

The EU reiterated the need to restart cooperation on processing readmission applications and 
on  return  operations  based  on  the  existing  readmission  arrangement,  including  during  high-
level  meetings  with  the  Gambian  Ministry  of  Foreign  Affairs,  as  well  as  during  the  first 
meeting of the Joint Working Group under the EU readmission arrangement that took place in 
October 2022. The Commission stressed the need to relaunch cooperation on all phases of the 
readmission  process, 
the  embassies’  processing  and 
responsiveness towards all Member States to achieve substantial and sustained progress. 

in  particular  by  reactivating 

Despite  the  continuous  engagement  of  the  EU  to  improve  the  level  of  cooperation  by  The 
Gambia, such progress was not achieved on all steps of the readmission procedure.  

The Commission and the High Representative continued to pursue the enhanced engagement 
with the Gambian authorities also following the adoption of Council Implementing Decision 
(EU)  2022/2459.  The  Commission  reiterated  its  expectations  regarding  the  processing  of 
readmission  applications  and  achieving  a  steady  pace  of  return  operations,  based  on  the 
existing  readmission  arrangement,  to  reduce  the  existing  backlog,  including  during  senior 
official meetings and the second meeting of the Joint Working Group in March 2023.  

The  Commission  acknowledged  a  number  of  steps  taken  by  The  Gambia  but  indicated  that 
further efforts were needed to ensure the full implementation of the readmission arrangement 
towards all Member States, and the need to build on the ongoing actions to achieve sustained 
and substantial progress in all phases of the readmission procedure.  

At the end of 2022 and in 2023, in the framework of the continuous assessment carried out by 
the  Commission  based  on  data  and  information  provided  by  Member  States  as  well  as  by 
Union institutions, bodies, offices and agencies, discussions in the relevant Council Working 
Groups  and  experts’  groups  meetings,  and  of  the  information  exchanged  with  The  Gambia 
during  Joint  Working  Group  meetings,  Member  States  reported  constructive  steps  taken  by 
The Gambia. In particular, The Gambia undertook steps to facilitate communication through 
the  appointment  of  a  focal  point  for  readmission,  as  well  as  to  ensure  that  charter  flights 
continued to take place, with the timely issuance of landing permits.  These steps resulted in 
partial  improvements  in  the  operational  cooperation  for  some  Member  States,  including  as 
regards  an  increased  responsiveness  from  some  Gambian  embassies,  the  organisation  of 
identification missions and the issuance of travel  documents within the timeframe agreed in 
the readmission arrangement.  A substantial and sustained improvement in the cooperation on 
readmission  can  thus  be  established  regarding  the  organisation  of  return  flights  and 
operations.  

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However, the cooperation with The Gambia on readmission is still not sufficient with regard 
to the assistance provided in the identification of Gambian nationals illegally staying on the 
territory of the Member States, the timely issuance of travel documents and the capacity and 
frequency  of  charter  flights  to  allow  for  a  sustainable  reduction  of  the  number  of  persons 
illegally staying in the Member States. 

On  the  basis  of  the  above,  the  Commission  is  therefore  proposing  to  repeal  Council 
Implementing  Decision  2022/2459.  This  means  that  the  standard  fee  of  80  EUR  will  once 
again apply to nationals of The Gambia.  

However, since the  cooperation with  The  Gambia on readmission is  still not  sufficient  with 
regard to the assistance provided in the identification of Gambian nationals illegally staying 
on the territory of all Member States, the timely issuance of travel documents and the capacity 
and frequency of charter flights to allow for a sustainable reduction of the number of persons 
illegally staying in the Member States, the Commission considers that Council Implementing 
Decision (EU) 2021/1781 should remain in force. 

The Union’s overall relations with The Gambia 

Since the democratic transition in 2017, the EU has provided consistent political and financial 
support to The Gambia. The EU is continuing to support the stabilisation and consolidation of 
democracy in the country, including inter-alia the constitutional and security sector reforms. 

The National Multiannual Indicative programme established for the period 2021-2024 by the 
EU  to  assist  The  Gambia  through  the  NDICI-Global  Europe  instrument  has  a  financial 
envelope of EUR 119 million and covers 3 priority areas: promoting good governance, green 
economy for sustainable growth and jobs, and human development.   

The  country  enjoys  duty-free  and  quota-free  access  to  the  European  market  under  the 
“Everything  but  Arms”  scheme.  A  6-years  fisheries  partnership  agreement  between  the  EU 
and The Gambia was signed in 2019. The Gambia is a party to the Cotonou agreement. 

• 

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 
proposed  decision  builds  upon  the  measures  that  have  already  been  applied  since  late  2021 
and 2022 with respect to The Gambia under Council Implementing Decision (EU) 2021/1781 
and Council Implementing Decision (EU) 2022/2459 and is therefore consistent with them. 

• 

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; 

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– 

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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 measures4. 

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(6). 

Subsidiarity (for non-exclusive competence)  

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n.a. 

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Proportionality 

The  purpose  of  the  proposed  measure  is  to  adjust  the  visa  measures,  acknowledging  the 
efforts of The Gambia to improve its cooperation on the readmission of illegally staying third 
country  nationals  that  has  been  observed  to  date.  They  are  proportionate  to  the  objective 
pursued. The proposed measure will re-establish the standard visa fee of 80 EUR for nationals 
of The Gambia. The possibility for nationals of The Gambia to apply for and be granted visas 
remains unaffected.  

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. 

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n.a.  

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n.a.  

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n.a.  

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n.a.  

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n.a.  

4 

EUCO 22/21 (17) 

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• 

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. 

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n.a.  

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n.a.  

• 

Detailed explanation of the specific provisions of the proposal 

Article 1 sets out that Council Implementing Decision (EU) 2022/2459 of 8 December 2022 
on the application of an increased visa fee with respect to The Gambia is repealed. This means 
that  the  standard  fee  of  80  EUR,  as  set  in  Article  16(1)  of  the  Visa  Code,  will  once  again 
apply to nationals of The Gambia. 

Article  2  contains  the  list  of  addressees  of  the  proposed  decision,  i.e.  the  relevant  Member 
States. 

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2023/0345 (NLE) 

Proposal for a 

COUNCIL IMPLEMENTING DECISION 

on repealing Implementing Decision (EU) 2022/2459 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  of  the 
Council  of  13  July  2009  establishing  a  Community  Code  on  Visas  (Visa  Code)5,  and  in 
particular Article 25a(6), thereof,  

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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Cooperation  on  readmission  with  The  Gambia  was  assessed  as  insufficient  in 
accordance with Article 25a(2) of Regulation (EC) No 810/2009. Taking into account 
the  steps  taken  by  the  Commission  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. 
Implementing  Decision  (EU)  2021/17816  temporarily  suspended  the  application  of 
certain  provisions  of  Regulation  (EC)  No  810/2009  with  respect  to  nationals  of  The 
Gambia.  

The  assessment  of  the  cooperation  on  readmission  with  The  Gambia,  following  the 
adoption  of  Implementing  Decision  (EU)  2021/1781,  indicated  that  no  significant 
improvements  had  taken  place,  as  cooperation  on  identification,  issuance  of  travel 
documents  and  return  operations  remained  challenging.  Despite  some  limited 
developments,  cooperation  on  readmission  remained  insufficient  and  substantial  and 
sustained  improvements  were  still  needed.  Therefore,  Implementing  Decision  (EU) 
2022/24597 introduced an increased visa fee for nationals of The Gambia. 

The Commission’s continuous  assessment of the cooperation on readmission  by The 
Gambia after Implementing Decision (EU) 2022/2459 indicates that a substantial and 
sustained  improvement  in  the  cooperation  on  readmission  can  be  established  with 
regard  to  the  organisation  of  return  flights  and  operations.  Therefore,  it  is  no  longer 
necessary to apply an increased visa fee to nationals of The Gambia and Implementing 
Decision (EU) 2022/2459 should be repealed. 

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). 
Council  Implementing  Decision  (EU)  2022/2459  of  8 December  2022  on  the  application  of  an 
increased visa fee with respect to The Gambia (OJ L 321, 15.12.2022, p. 18). 

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(5) 

(6) 

(7) 

(8) 

(9) 

The Commission’s  continuous  assessment of the cooperation on readmission  by The 
Gambia  also  shows  that  the  cooperation  on  readmission  with  The  Gambia  remains 
insufficient  with  regard  to  the  assistance  provided  in  the  identification  of  Gambian 
nationals illegally staying on the territory of all Member States, the timely issuance of 
travel  documents  and  the  capacity  and  frequency  of  charter  flights  to  allow  for  a 
sustainable  reduction  of  the  number  of  Gambian  nationals  illegally  staying  in  the 
Member  States.  Implementing  Decision  (EU)  2021/1781  should  therefore  remain  in 
force. 

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 is to, 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. 

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/EC8; 
Ireland is therefore not taking part in the adoption of this Decision and is not bound by 
it or subject to its application. 

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 
development of the Schengen acquis9 which fall within the area referred to in Article 
1, point B, of Council Decision 1999/437/EC10. 

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  acquis11 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/EC12. 

(10)  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  European  Community, 
the  Principality  of 
Liechtenstein  on  the  accession  of  the  Principality  of  Liechtenstein  to  the  Agreement 

the  Swiss  Confederation  and 

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10 

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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). 
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). 

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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 acquis13 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/EU14. 

(11)  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 
and Article 4(2) of the 2005 Act of Accession, 

HAS ADOPTED THIS DECISION:  

Implementing Decision (EU) 2022/2459 is repealed. 

Article 1 

Article 2 

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 

13 
14 

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). 

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