Communication from the Commission – Providing guidelines on the implementation of Council Decision (EU) 2025/170 of 27 January 2025 on the partial suspension of the application of the Agreement between the European Union and Georgia on the facilitation of the issuance of visas and on the application by Member States of Article 6(1) of Regulation (EU) 2018/1806 as regards holders of diplomatic passports, service/official passports and special passports issued by Georgia
Date: 2025-02-20
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU visa policy, Georgia, Schengen Agreement, agreement (EU), application of EU law, diplomatic representation, foreign national, official visit, passport, withdrawal from an agreement








C_202501149EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/1149


20.2.2025







            COMMUNICATION FROM THE COMMISSION
         
Providing guidelines on the implementation of Council Decision (EU) 2025/170 of 27 January 2025 on the partial suspension of the application of the Agreement between the European Union and Georgia on the facilitation of the issuance of visas and on the application by Member States of Article 6(1) of Regulation (EU) 2018/1806 as regards holders of diplomatic passports, service/official passports and special passports issued by Georgia
(C/2025/1149)

I.   Introduction









1.


On 27 January 2025, the Council adopted Decision (EU) 2025/170 (1) on the partial suspension of the application of the Agreement between the European Union and Georgia on the facilitation of the issuance of visas (the ‘Agreement’) (2).












2.


Decision (EU) 2025/170 suspends the application of the Agreement as regards the exemption from the visa requirement for citizens of Georgia holding valid diplomatic passports, and the facilitations for certain categories of citizens of Georgia applying for a short-stay visa.












3.


Guidelines are necessary in order to ensure a harmonised implementation, by all Member States (3), of the relevant provisions of Regulation (EC) 810/2009 of the European Parliament and the Council (the ‘Visa Code’) (4) following the adoption of Decision (EU) 2025/170 as well as to provide clarifications on the procedures and conditions for issuing visas to Georgian nationals. These guidelines are essential to ensure coherence, clarity and transparency during the visa procedure concerning the categories of citizens of Georgia covered by that Decision in any given consular location, as set out in section V of this communication.












4.


Furthermore, as Georgia is listed in Annex II to Regulation (EU) 2018/1806 of the European Parliament and of the Council (5) and therefore all Georgian nationals benefit from a visa exemption, to be effective, the partial suspension of the application of the Agreement should be accompanied by measures to be taken by the Member States pursuant to Article 6(1), point (a), of that Regulation, as set out in section IV of these Guidelines.




II.   Background









5.


The Agreement aiming to facilitate, on the basis of reciprocity, the issuance of visas for an intended stay of no more than 90 days in any 180-day period to the citizens of the Union and Georgia, entered into force on 1 March 2011.












6.


Following the successful conclusion of the EU-Georgia Visa Liberalisation Dialogue launched in February 2013, on 1 March 2017 Regulation (EU) 2017/372 of the European Parliament and the Council (6) was adopted to transfer Georgia from the list of third countries whose nationals are required to be in possession of a visa to enter the Schengen area (Annex I to Council Regulation (EC) No 539/2001 (7)) to the list of third countries whose nationals are exempt from the visa requirement (Annex II to Regulation (EC) No 539/2001). The Agreement has remained in force since then, but its provisions governing facilitations for visa applications have not been applied in practice due to the granting of the exemption from the visa requirement (Article 2(1) of the Agreement).












7.


As set out in Decision (EU) 2025/170, the partial suspension of the Agreement follows actions taken by Georgia that breach the fundamental principles on which the Agreement was concluded and go against the interests of the Union and its Member States. In particular, these actions do not respect human rights and democratic principles and thereby are in contradiction with Union values and hamper the steady development of economic, humanitarian, cultural, scientific and other ties between the Union and Georgia.












8.


In this context, the Commission considered that the most appropriate and proportionate step was to suspend certain articles of the Agreement which provide facilitations for certain specific categories of applicants, and on 20 December 2024 presented a proposal for a Council Decision on the partial suspension of the application of the Visa Facilitation Agreement (8).












9.


In order to protect the public order of the Member States and of the Union, the partial suspension of the Agreement aims to ensure that Member States require a visa from Georgian citizens holding valid diplomatic passports, service/official and special passports who travel to the Union, as these persons represent interests which are contrary to those that led the Union to conclude the Agreement in the first place.




III.   Provisions of the Agreement suspended by Decision (EU) 2025/170









10.


Decision (EU) 2025/170 suspends the application of certain provisions of the Agreement as regards citizens of Georgia who are:






a.


members of Georgia’s official delegations, who, following an official invitation addressed to Georgia, should participate in official meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of one of the Member States by intergovernmental organisations;










b.


members of Georgia’s national and regional Governments and Parliaments, Georgia’s Constitutional Court and Supreme Court;










c.


citizens of Georgia holding valid diplomatic passports issued by Georgia.
















11.


In accordance with Article 1 of Decision (EU) 2025/170, the following provisions of the Agreement are suspended in relation to the categories of citizens of Georgia referred to in point 10:






a.


Article 4(1), point (b) on ‘Documentary evidence regarding the purpose of the journey’;










b.


Article 5(1), points (b) and (c);










c.


Article 5(2), point (a);










d.


Article 5(3) on the ‘Issuance of multiple-entry visas’;










e.


Article 6(1);










f.


Article 6(3), points (c) and (f), on ‘Fees for processing visa applications’;










g.


Article 7 on the ‘Duration of the visa application procedure’;










h.


Article 10 on ‘Diplomatic passports’.








IV.   Measures to be taken by the Member States pursuant to Article 6(1), point (a) of Regulation (EU) 2018/1806









12.


As a result of the entry into force of the suspension of the application of the provisions of the Agreement referred to in point 11, the Member States are no longer required to grant visa-free access to the Schengen area to citizens of Georgia who are holders of valid diplomatic passports, and to provide facilitations for the issuance of visas to some categories of Georgian officials in the exercise of their duties.












13.


However, as stated in Article 2(1) of the Agreement, the visa facilitations provided in the Agreement apply to citizens of Georgia only insofar as they are not exempted from the visa requirement by the laws and regulations of the Union or the Member States, the Agreement or other international agreements. In the current situation, all citizens of Georgia, including holders of diplomatic passports and service/official passports, are exempted from the visa requirement pursuant to Annex II to Regulation (EU) 2018/1806. The partial suspension of the application of the Agreement does not have a direct effect on the Member States’ obligations and prerogatives deriving from that Regulation.












14.


Therefore, for the partial suspension of the application of the Agreement to be effective, and in accordance with the principle of sincere cooperation, Member States should take, as soon as possible, the appropriate measures pursuant to Article 6(1), point (a), of Regulation (EU) 2018/1806, which allows Member States to provide for exceptions from the exemption from the visa requirement as regards holders of diplomatic passports, service/official passports or special passports. All the Member States should ensure that all citizens of Georgia who are holders of diplomatic passports, service/official passports and special passports be required to apply for and be in possession of a Schengen visa in order to cross the external borders and stay on the territory of the Member States.












15.


It is important to reiterate that, if one or more Member State were not to take such measures, they would remain obliged to grant visa-free access to the categories of citizens of Georgia referred to in point 10 pursuant to the general exemption from the visa requirement laid down in Annex II to Regulation (EU) 2018/1806. This would undermine the objective of Decision (EU) 2025/170 to partially suspend the Agreement and the principle of sincere cooperation.












16.


It is also important to stress that measures pursuant to Article 6(1), point (a), of Regulation (EU) 2018/1806 will only be fully effective if implemented by all Member States. If one or more Member State decided to refrain from adopting such measures, the citizens of Georgia who are holders of diplomatic passports, service/official passports and special passports would be able to circumvent the partial suspension of the Agreement by travelling visa-free to the Member State or Member States that did not adopt such measures. Indeed, even though such persons would require a visa to cross the internal border into the Member States that have adopted a visa requirement pursuant to Article 6(1), point (a), of Regulation (EU) 2018/1806, this would be difficult to enforce in practice.












17.


The Member States should take these measures in accordance with their national rules and procedures. Further and in any case, as a result of the entry into force of the Agreement, bilateral agreements of the Member States with Georgia governing visa exemptions or facilitations for holders of diplomatic passports could not be relied upon by citizens of Georgia targeted by the partial suspension. As regards bilateral agreements of the Member States with Georgia providing visa exemptions for holders of service/official passports and special passports, which are not covered by the Agreement, Member States are invited to suspend without delay the application of those agreements.












18.


As required by Article 12(1) of Regulation (EU) 2018/1806, the Member States are to communicate the relevant measures to the other Member States and the Commission within five working days of their adoption.




V.   Guidelines on the application of the Council Decision









19.


The measures to be taken by Member States that are referred to in Section IV should ensure that in order to travel to the EU, citizens of Georgia holding diplomatic passports, service/official passports or special passports issued by Georgia will need to apply for a visa in accordance with the rules set out in the Visa Code. Biometric identifiers should be collected in accordance with Article 13 of the Visa Code and a full set of supporting documents should be submitted. A visa fee of 90 EUR should be charged.




a)   Documentary evidence regarding the purpose of the journey









20.


Decision (EU) 2025/170 suspends the simplified documentary evidence regarding the purpose of the journey to be submitted by the categories of citizens of Georgia listed in Article 4(1), point (b), of the Agreement. Where these persons apply for a Schengen visa, point 3 of Annex III to Commission Implementing Decision C(2014) 2737 final (9) should be applied in order to determine the required documentary evidence regarding the purpose of the journey.




b)   Issuance of multiple-entry visas









21.


Decision (EU) 2025/170 suspends the application of Article 5(1), points (b) and (c), Article 5(2), point (a), and Article 5(3) of the Agreement, concerning the issuance of multiple-entry visas to the categories of citizens of Georgia listed in those provisions.












22.


For the categories of visa applicants listed in articles referred to in point 21, multiple-entry visas should be issued in accordance with the rules set out in Article 24 of the Visa Code. Attention is drawn in particular to paragraph 2a of Article 24, which specifies that the validity period of the visa issued may be shortened in individual cases, where there is reasonable doubt that the entry conditions will be met for the entire period of validity. The possibility to determine the validity period of multiple-entry visas based on individual assessments was not possible under the Agreement. Information should be exchanged in local Schengen cooperation to ensure a harmonised application of the rules on issuing multiple-entry visas to the categories of applicants covered by the partial suspension of the Agreement.




c)   Fees for processing visa applications









23.


Decision (EU) 2025/170 suspends the waiver of the visa fee for the categories of citizens of Georgia referred to in Article 6(3), points (c) and (f), of the Agreement.












24.


Decision (EU) 2025/170 also suspends the application of Article 6(1) of the Agreement, regarding the visa fee of 35 EUR, in respect of the categories of citizens of Georgia referred to in Article 4(1), point (b), Article 5(1), points (b) and (c), Article 5(2), point (a), and Article 10(1) of the Agreement.












25.


For these categories of visa applicants, the Member States should charge the visa fee in accordance with Article 16 of the Visa Code.




d)   Length of procedures for processing visa applications









26.


Decision (EU) 2025/170 suspends the application of Article 7 of the Agreement in relation to the categories of visa applicants, citizens of Georgia, referred to in Article 4(1), point (b), Article 5(1), points (b) and (c), Article 5(2), point (a), and Article 10(1) of the Agreement.












27.


For these categories of visa applicants, the decision on the application should be taken in accordance with Article 23 of the Visa Code, i.e., normally within 15 days. Therefore, consulates have more time to assess applications compared to the processing time of 10 days specified in the Agreement.




VI.   Implementation and information to the public









28.


These operational guidelines are meant to assist Member States in dealing with all applications lodged by citizens of Georgia concerned by the partial suspension of the Agreement, irrespective of their place of residence.












29.


Member States’ central authorities are therefore invited to share these guidelines with all their consular representations around the world.












30.


Member States remain responsible for informing the general public of the consequences of the partial suspension of the Agreement in accordance with Article 47(1) of the Visa Code.




VII.   Follow-up by the local Schengen cooperation









31.


In accordance with Article 48(1) of the Visa Code, Member States should, under the coordination of the EU Delegation within local Schengen cooperation, regularly exchange information on the implementation of these guidelines, and monitor the correct application of the changes resulting from the partial suspension of the Agreement, where relevant. Reports of meetings dealing with the implementation of these guidelines should be shared with the Member States’ central visa authorities, in accordance with Article 48(5) of the Visa Code, and the Commission.






(1)  Council Decision (EU) 2025/170 of 27 January 2025 on the partial suspension of the application of the Agreement between the European Union and Georgia on the facilitation of the issuance of visas (OJ L, 2025/170, 28.1.2025, ELI: http://data.europa.eu/eli/dec/2025/170/oj).

(2)  
            OJ L 52, 25.2.2011, p. 34, ELI: http://data.europa.eu/eli/agree_internation/2011/117/oj.

(3)  Since the Agreement, including its partial suspension, is applicable to all Member States except Ireland, Cyprus, due to the fact that it does not yet implement the Schengen acquis in full, should apply these guidelines by analogy when processing short-stay visa applications from Georgian nationals under its national law.

(4)  Regulation (EC) 810/2009 of the European Parliament and the Council of 13 July 2009 establishing a Community Code on Visas (OJ L 243, 15.9.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/810/oj).

(5)  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, ELI: http://data.europa.eu/eli/reg/2018/1806/oj).

(6)  Regulation (EU) 2017/372 of the European Parliament and of the Council of 1 March 2017 amending Regulation (EC) No 539/2001 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 (Georgia) (OJ L 61, 8.3.2017, p. 7, ELI: http://data.europa.eu/eli/reg/2017/372/oj).

(7)  Council Regulation (EC) No 539/2001 of 15 March 2001 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 81, 21.3.2001, p. 1, ELI: http://data.europa.eu/eli/reg/2001/539/oj) (repealed by Regulation (EU) 2018/1806 of the European Parliament and of the Council).

(8)  COM(2024) 594 final.

(9)  Commission Implementing Decision of 29 April 2014 establishing the list of supporting documents to be presented by visa applicants in Belarus, Cameroon, Georgia, Moldova, Ukraine and the United Arab Emirates, C(2014) 2737 final.


ELI: http://data.europa.eu/eli/C/2025/1149/oj
ISSN 1977-091X (electronic edition)