Proposal for a Council Decision determining the Union position for a Decision of the Joint Committee set up under the Agreement between the European Union and Ukraine on the facilitation of the issuance of visas, with regard to the adoption of Common Guidelines for the implementation of the Agreement

The Agreement between the European Union and Ukraine on the facilitation of the issuance of visas entered into force on 1 January 2008. The Agreement established, on the basis of reciprocity, legally binding rights and obligations for the purpose of simplifying the visa issuing procedures for Ukrainian citizens. Article 12 of this Agreement set up a Joint Committee tasked to monitor the implementation of the Agreement.

The Joint Committee noted the need for common guidelines in order to ensure a fully harmonised implementation of the Visa Facilitation Agreement amongst the consulates of the Member States, and for clarifying the relationship between the provisions of that Agreement and the provisions of the contracting parties that continue to apply to visa issues not covered by the Agreement.

The Joint Committee adopted such guidelines by its Decision No 1/2009 of 25.11.2009. These Guidelines are not part of the Agreement and therefore they are not legally binding. However, it is highly recommended that diplomatic and consular staff consistently follow them when implementing the provisions of the Agreement. Following the entry into force, on 1.07.2013, of the amended Agreement between the European Union and Ukraine on the facilitation of the issuance of visas, the Guidelines needed to be adapted accordingly.

The Guidelines have been adapted in line with the amended Agreement which contains new provisions on further facilitations in the procedures for issuing visas for an intended stay of no more than 90 days per period of 180 days in the Schengen area for the citizens of Ukraine, as well as with new EU legislation in the area of common visa policy, such as the Visa Code. Therefore they reflect the applicable EU visa acquis in force at present.

• Primary Source

EUR-Lex: COM(2014)679: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2014:679:FIN

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