CELEX: 52015PC0119
Language: en
Date: 2015-03-11 00:00:00
Title: Recommendation for a COUNCIL DECISION authorising the opening of negotiations on short-stay visa waiver agreements between the European Union and Colombia and Peru

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                             EUROPEAN
                             COMMISSION
                                                     Brussels, 11.3.2015
                                                     COM(2015) 119 final
   This document was downgraded/declassified
   Date            16.1.2020
   By              M .SHOTTER
   Authority       DG HOME
                                    Recommendation for a
                                   COUNCIL DECISION
    authorising the opening of negotiations on short-stay visa waiver agreements between
                         the European Union and Colombia and Peru
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                                  EXPLANATORY MEMORANDUM
   1.       INTRODUCTION
   1.1.     Background
   Council Regulation (EC) No 539/20011 lists the third countries whose nationals must be in
   possession of a visa when crossing the external borders of the Member States and those whose
   nationals are exempt from that requirement. Regulation (EC) No 539/2001 is applied by all
   Member States, with the exception of Ireland and the United Kingdom, and by Iceland,
   Liechtenstein, Norway and Switzerland.
   European Parliament and Council Regulation No 509/20142 amended Council Regulation
   539/2001 transferring 19 countries to Annex II, which lists the third countries whose
   nationals are exempt from the visa requirement. These 19 countries are: Colombia, Dominica,
   Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Peru, Saint Lucia, Saint
   Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and
   Tobago, Tuvalu, the United Arab Emirates and Vanuatu. The reference to each of these
   countries in Annex II is accompanied by a footnote that specifies that "the exemption from the
   visa requirement shall apply from the date of entry into force of an agreement on visa
   exemption to be concluded with the European Union".
   On 17 July 2014 the Commission adopted a Recommendation to the Council for the opening
   of visa waiver negotiations with 17 of the countries listed above, i.e. all of them except
   Colombia and Peru. The latter two countries were, according to Recital 5 of European
   Parliament and Council Regulation No 509/2014 and the joint declaration issued at the time
   of adoption, subject to a specific procedure which required a further assessment of the
   fulfilment by them of the relevant criteria, before the Commission could present to the
   Council recommendations for decisions authorising the opening of negotiations on visa
   waiver agreements with these two countries. This assessment was contained in the reports3
   adopted by the Commission on 29 October 2014. The reports were discussed in the LIBE
   committee of the European Parliament on 5 November and in the visa working party of the
   Council on 21 November. The assessments were well received in both the committee and the
   working party, although some concerns were expressed related to the need to ensure that the
   visa-free regime be linked to the issuing of biometric passports in both countries and to
   improved cooperation on return of irregular migrants.
   As a consequence of the positive assessment of the fulfilment by Colombia and Peru of the
   relevant criteria, the Commission is now recommending to the Council to authorise it to start
   visa waiver negotiations with both countries.
   The legal provision that the visa waiver is subject to agreements between the European Union
   and Colombia and Peru is mainly intended to safeguard effectively the principle of reciprocity
   with regard to the visa waiver. The agreements between the European Union and Colombia
   and Peru should fully incorporate the principle of reciprocity by including failure to respect
   that principle among the grounds for suspension or termination.
   1
           OJ L 81, 21.03.2001, p. 1.
   2
           OJ L 149, 20.05.2014, p. 67
   3
           COM 2014 (663) for Peru and COM 2014 (665) for Colombia
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   The principle of a visa waiver for nationals of Colombia and Peru having been established by
   European Parliament and Council Regulation (EC) No 509/2014, and the Commission being
   satisfied that the two countries fulfil the criteria for the elimination of the visa requirement,
   the Commission is now seeking to give it practical effect by submitting to the Council a
   Recommendation to authorise the Commission to open negotiations for the conclusion of
   bilateral visa waiver agreements between the European Union and Colombia and Peru.
   1.2.      The negotiating directives
   The agreements with Colombia and Peru will closely follow the precedents set by the existing
   EU visa waiver agreements, in particular with Antigua and Barbuda4, the Bahamas5,
   Barbados6, Mauritius7, Saint Kitts and Nevis8 and Seychelles9, as well as the visa waiver
   agreements with the other 17 countries transferred to Annex II of Regulation 539/2001 by
   Regulation 509/2014.
   The agreements should provide for and determine the period of stay authorised under the visa
   waiver, taking into account the existence of the Schengen area without internal borders in
   which the free movement of persons is ensured. Each of the agreements should provide for
   the lifting of the visa requirement only for intended stays of no more than 90 days in any 180-
   day period. Admission and immigration would not be covered.
   In essence the agreements would confirm the lifting by the European Union of the visa
   requirement for Colombian and Peruvian citizens and the lifting by Colombia and Peru of the
   visa requirement for citizens of all the Member States.
   The agreements should define the categories of citizens benefiting from the visa waiver,
   namely ordinary passport holders, diplomatic, service, official and special passport holders.
   They should also define the purposes of travel (such as tourism or business) for which the visa
   waiver is to apply.
   Moreover, the agreements should also take into account the situation of the Member States
   that do not yet apply the Schengen acquis in full. As long as they are not part of the Schengen
   area without internal borders, the visa waiver should confer a right to stay for up to 90 days on
   the territory of each of those Member States, independently of the period calculated for the
   whole Schengen area.
   2.        PURPOSE AND LEGAL BASIS
   This recommendation is submitted to the Council in order to authorise the Commission to
   negotiate with Colombia and Peru short-stay visa waiver agreements that contain clear,
   unambiguous and legally binding rights and obligations ensuring the lifting of the visa
   requirement for citizens of the Member States and of Colombia and Peru entering the territory
   of the other contracting party for a stay of no more than 90 days.
   4
            OJ L 169, 30.06.2009, p. 3–8
   5
            OJ L 169, 30/06/2009, p. 24–29
   6
            OJ L 169, 30/06/2009, p. 10–15
   7
            OJ L 169, 30/06/2009, p. 17–22
   8
            OJ L 169, 30/06/2009, p. 38–43
   9
            OJ L 169, 30/06/2009, p. 31–36
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   Council Regulation (EC) No 539/2001 is based on Article 77(2)(a) of the Treaty on the
   Functioning of the European Union. The negotiation of visa waiver agreements with third
   countries is within the exclusive competence of the Union.
   The Union should exercise its exclusive competence with a view to concluding
   comprehensive agreements with Colombia and Peru on a reciprocal visa waiver. These
   agreements should prevail over bilateral agreements concluded by Member States and
   Colombia and Peru to the extent that their provisions concern matters within the scope of the
   Union agreement.
   3.       APPLICABILITY TO THE ASSOCIATED COUNTRIES
   The Union has no power to conclude visa waiver agreements with Colombia and Peru that
   would bind the 4 countries associated with the implementation of the Schengen acquis,
   including the common visa policy.
   In order to ensure a common approach towards Colombia and Peru on the issues regulated in
   the agreement, it would be advisable for the parties to the agreement between the Union and
   Colombia and Peru to attach a joint declaration stating the desirability for Colombia and Peru,
   on the one hand, and Iceland, Liechtenstein, Norway and Switzerland, on the other, to
   conclude separate bilateral visa waiver agreements, the provisions of which should be aligned
   on those of the agreement between the Union and Colombia and Peru.
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                                        Recommendation for a
                                       COUNCIL DECISION
     authorising the opening of negotiations on short-stay visa waiver agreements between
                            the European Union and Colombia and Peru
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular
   Article 218(3) and (4) thereof,
   Having regard to the recommendation from the European Commission, following its positive
   assessment of the fulfilment of the relevant criteria by Colombia and Peru
   Whereas:
   (1)     European Parliament and Council Regulation 509/2014 has transferred from Annex I
           to Annex II of Council Regulation 539/2001 the references to Colombia and Peru.
   (2)     The references to these countries are accompanied by a footnote indicating that the
           exemption from the visa requirement shall apply from the date of entry into force of an
           agreement on visa exemption to be concluded with the European Union.
   (3)     The Commission has positively assessed the fulfilment by Colombia and Peru of the
           relevant criteria in view of the negotiation of visa waiver agreements between the
           European Union and both countries.
   (4)     Negotiations should be opened with a view to concluding such agreements with
           Colombia and Peru,
   HAS ADOPTED THIS DECISION:
                                                Article 1
   The Commission is hereby authorised to negotiate, on behalf of the Union, visa waiver
   agreements with Colombia and Peru.
                                                Article 2
   The negotiating directives are set out in the Annex.
                                                Article 3
   The negotiations shall be conducted in consultation with the Visa Working Party of the
   Council.
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                                            Article 4
   This Decision is addressed to the Commission.
   Done at Brussels, 11.3.2015
   For the Council
   The President
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                            EUROPEAN
                            COMMISSION
                                                     Brussels, 11.3.2015
                                                     COM(2015) 119 final
                                                     ANNEX 1
   This document was downgraded/declassified
   Date            16.1.2020
   By              M.SHOTTER
   Authority       DG HOME
                                           ANNEX
                                            to the
                          Recommendation for a Council Decision
    authorising the opening of negotiations on short-stay visa waiver agreements between
                        the European Union and Colombia and Peru
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                                              ANNEX […]
                                         Negotiating Directives
   In the course of the negotiations the Commission should aim to achieve the objectives set out
   in detail below.
   1.         PURPOSE AND SCOPE OF THE AGREEMENTS
   The purpose of the agreements should be to establish clear, unambiguous and legally binding
   rights and obligations ensuring exemption from the visa requirement for short stays both for
   citizens of Colombia and Peru crossing the external borders of the Member States and for
   citizens of the Member States crossing the borders of these countries.
   2.         SPECIFIC ISSUES
   The agreements should define the categories of EU citizens and nationals of Colombia and
       Peru concerned who are to benefit from the visa waiver, namely holders of ordinary
       passports and holders of diplomatic, service, official and special passports. Declarations
       attached to the agreements should recall the Colombian and Peruvian governments’ plans
       to start issuing biometric passports to their citizens in the course of the year 2015.
   The agreements should define the purpose of stay for which the visa waiver is established:
       tourism, family visits, business etc. The visa waiver should not apply to persons entering
       for a period of no more than 90 days in order to carry out a gainful economic activity.
   The agreements should also define the duration of the stay allowed under the visa waiver. In
       the case of an EU citizen this should be 90 days in any 180-day period in the territory of
       Colombia and Peru, and in the case of Colombian and Peruvian nationals it should be 90
       days in any 180-day period in the Schengen area.
   The agreements should provide that exceptionally, and for a transitional period, the stay in the
       Schengen area covered by the visa waiver of 90 days in any 180-day period is to be
       calculated independently of any stay in a Member State which does not yet implement the
       Schengen acquis in full.
   The agreements should make it clear that the visa waiver applies regardless of the mode of
       transport used to cross the border.
   The agreements should make it clear that matters outside the scope of the agreements
       continue to be governed by national and Union law. This would apply in particular to other
       entry conditions, refusals of entry, extension of stay beyond three months, etc.
   3.         MANAGEMENT OF THE AGREEMENT
   The agreements with Colombia and Peru should contain a provision setting up a committee of
   experts. The committees should be composed of representatives of the European Union and of
   Colombia and Peru respectively. The Union should be represented by the Commission.
   The committee of experts should in particular have the task of:
   –          monitoring the implementation of the agreement; and
   –          suggesting amendments and additions to it.
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   4.        RELATIONS WITH EXISTING BILATERAL AGREEMENTS BETWEEN
             MEMBER STATES AND COLOMBIA AND PERU
   Each of the agreements should contain a clause whereby, from its entry into force, its
   provisions will take precedence over bilateral agreements or the provisions of any bilateral
   agreements or arrangements concluded between individual Member States and Colombia and
   Peru, in so far as their provisions concern matters within the scope of the agreement.
   5.        TERRITORIAL APPLICATION, ENTRY INTO FORCE,                                    DURATION,
             SUSPENSION AND TERMINATION OF THE AGREEEMENT
   The agreements should contain provisions related to their territorial application – in the case
   of France and the Netherlands, the visa waiver would entitle nationals of Colombia and Peru
   to stay only in those Member States’ European territories – and their entry into force and
   duration. They should be concluded for an indefinite period and should contain provisions
   which allow either contracting party to suspend and/or terminate all or part of the agreement.
   The grounds for suspension should include in particular threats to public policy and security,
   irregular immigration, and the reintroduction of a visa requirement by either party. On the
   specific issue of irregular migration, declarations attached to the agreements should recall that
   under Article 49 (3) of the Political Dialogue and Cooperation Agreement1 between the
   European Community and its Member States, of the one part, and the Andean Community
   and its member countries, of the other part, the parties agree to readmit their irregular
   migrants.
   Colombia and Peru should be entitled to suspend or terminate their respective agreement only
   in respect of the European Union as a whole, and not in respect of one or more Member States
   individually. The Union should be entitled to suspend or terminate the agreements only in
   respect of all of its Member States.
   1
           COM(2003) 695. The Agreement has not yet entered into force as the EU has not yet ratified it. It is
           however expected to enter into force in the course of 2015.
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