52016PC0149

EUROPEAN COMMISSION

Brussels, 16.3.2016

COM(2016) 149 final

2016/0081(NLE)

Proposal for a

COUNCIL DECISION

establishing the position to be taken on behalf of the European Union
within the Joint Committee set up under the Agreement
between the European Union and the Republic of Cape Verde
on facilitating the issue of short-stay visas
to citizens of the Republic of Cape Verde and of the European Union,
with regard
to the adoption of the rules of procedure of the Joint Committee for the management of the Agreement

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union entered into force on 1 December 2014. The Agreement established, on the basis of reciprocity, legally binding rights and obligations for the purpose of simplifying the visa issuing procedures for the citizens of Cape Verde and for the EU citizens. Article 10 of this Agreement sets up a Joint Committee tasked to monitor the implementation of the Agreement. The Joint Committee is obliged by Article 10(4) of the Agreement to lay down its rules of procedure.

The rules of procedure to be adopted will not be part of the Agreement.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The rules of procedure, which are to be adopted on the basis of the empowerment given to the representative of the Commission in the Joint Committee on the basis of this proposal will organise the work of the Joint Committee and help in preparing and managing its meetings.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

The rules of procedure as annexed to the Annex of this proposal for a Council Decision are the outcome of consultation with responsible authorities in Cape Verde in June 2015. The Member States have been consulted in the written procedure which ended on 23.10.2015.

4.BUDGETARY IMPLICATIONS

This proposal has no impact on the EU budget.

2016/0081 (NLE)

Proposal for a

COUNCIL DECISION

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular to Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Article 10 of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union ('the Agreement') sets up a Joint Committee. Point 4 of this Article provides that the Joint Committee shall lay down its rules of procedure.

(2) The rules of procedure are necessary to organise the work of the Joint Committee which has been tasked to manage the Agreement and to monitor its implementation.

(3) It is appropriate to establish the position to be adopted on the Union's behalf within the Joint Committee with regard to the adoption of the rules of procedure of the Joint Committee for the management of the Agreement,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on the Union's behalf within the Joint Committee set up by Article 10 of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union, with regard to the adoption of the rules of procedure of the Joint Committee for the management of the Agreement,, shall be based on the draft Decision of the Joint Committee attached to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels,

For the Council

The President

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EUROPEAN COMMISSION

Brussels, 16.3.2016

COM(2016) 149 final

ANNEX

to the

Proposal for a COUNCIL DECISION

establishing the position to be taken on behalf of the European Union within the Joint Committee set up under the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union, with regard to the adoption of the rules of procedure of the Joint Committee for the management of the Agreement

DRAFT

DECISION N° … OF THE JOINT VISA FACILITATION COMMITTEE
SET UP BY
THE AGREEMENT BETWEEN

THE EUROPEAN UNION AND THE REPUBLIC OF CAPE VERDE

ON FACILITATING THE ISSUE OF SHORT-STAY VISAS TO CITIZENS

OF THE REPUBLIC OF CAPE VERDE AND OF THE EUROPEAN UNION

of ……

with regard to the adoption of its Rules of Procedure

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (hereinafter referred to as “the Agreement”), and in particular Article 10(4) thereof,

Whereas that Agreement entered into force on 1 December 2014,

HAS DECIDED THE FOLLOWING:

Article 1

The Rules of Procedure of the Joint Committee for the management of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union are established in the annex to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at…

For the European Union For the Republic of Cape Verde

ANNEX

THE RULES OF PROCEDURE

OF THE JOINT COMMITTEE FOR THE MANAGEMENT OF THE AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF CAPE VERDE

ON FACILITATING THE ISSUE OF SHORT-STAY VISAS TO CITIZENS OF

THE REPUBLIC OF CAPE VERDE AND OF THE EUROPEAN UNION

Article 1

Chairmanship

The Joint Visa Facilitation Committee shall be chaired jointly by a representative of the European Union and a representative of the Republic of Cape Verde.

Article 2

Tasks of the Joint Committee

(1)In accordance with Article 10(2) of the Agreement, the Joint Visa Facilitation Committee shall, in particular, have the following tasks:

(a)monitoring the implementation of the Agreement;

(b)proposing amendments or additions to the Agreement;

(c)settling disputes arising out of the interpretation or application of the provisions in the Agreement.

(2)The Joint Visa Facilitation Committee may agree on recommendations containing guidelines or “best practices” to assist in the implementation of the Agreement.

Article 3

Meetings

(1)The Joint Visa Facilitation Committee shall meet whenever necessary, at the request of the Parties, and at least once per year.

(2)The Parties shall take turns in hosting the meeting unless otherwise agreed.

(3)Meetings of the Joint Visa Facilitation Committee shall be convened by the Co-chairs.

(4)The Co-chairs shall establish a date for the meeting and exchange such documents as necessary in time to ensure adequate preparation, if possible, fourteen days prior to the meeting.

(5)The Party hosting a meeting shall arrange logistical matters.

Article 4

Delegations

The Parties shall notify each other at least seven days before a meeting of the intended composition of their delegation.

Article 5

Agenda for the meetings

(1)A provisional agenda for each meeting shall be drawn up by the Co-chairs no later than fourteen days before the meeting. The provisional agenda shall include the items in respect of which a request for inclusion in the agenda has been received by either of the Co-chairs no later than fourteen days before the meeting.

(2)Either Party may add items to the provisional agenda at any time prior to the meeting if the other Party agrees. Requests to add items to the provisional agenda shall be sent in writing and shall be accommodated to the extent possible.

(3)The final agenda shall be adopted by the Co-chairs at the beginning of each meeting. An item not appearing on the provisional agenda may be placed on the agenda if the Parties agree and shall be accommodated to the extent possible.

Article 6

Records of the meeting

(1)A draft of the record shall be prepared as soon as possible by the Co-chair hosting the meeting.

(2)The record shall, as a general rule, indicate in respect of each item on the agenda:

(a)the documentation submitted to the Joint Visa Facilitation Committee;

(b)statements which a Party has requested to be entered; and

(c)decisions taken, recommendations made and conclusions adopted on a specific item.

(3)The record shall also indicate the individuals of the respective delegations participating, with the ministry, agency or institution each represents indicated.

(4)The record shall be approved by the Joint Visa Facilitation Committee at its following meeting.

Article 7

Decisions and recommendations of the Joint Visa Facilitation Committee

(1)The Joint Visa Facilitation Committee shall take decisions by agreement of both Parties.

(2)Decisions of the Joint Visa Facilitation Committee shall be entitled “Decisions” followed by a serial number, and by a description of their subject. The date the decision takes effect shall also be indicated. Decisions shall be signed by representatives of the Joint Visa Facilitation Committee who are authorised to act on behalf of the Parties. Decisions shall be drawn up in duplicate, each version being equally authentic.

(3)Paragraphs 1 and 2 shall apply mutatis mutandis to recommendations of the Joint Visa Facilitation Committee.

Article 8

Expenses

(1)Each Party shall be responsible for the expenses they incur by reason of their participation in the meetings of the Joint Visa Facilitation Committee, including staff, travel and subsistence expenditure and postal or telecommunications expenditure.

(2)Other expenses arising from the organisation of the meetings shall generally be covered by the Party hosting the meeting.

Article 9

Administrative procedures

(1)Unless otherwise decided, the meetings of the Joint Visa Facilitation Committee shall not be open to the public.

(2)Records and other documents of the Joint Visa Facilitation Committee shall be treated confidentially.

(3)Participants other than officials of the Parties and the Member States may be invited by agreement of both Co-Chairs and shall be subject to the same confidentiality requirements.

(4)The Parties may organise public briefings or otherwise inform interested members of the public of the results of the Joint Committee meetings.

For the European Union For The Republic of Cape Verde

JOINT DECLARATION

ANNEXED TO THE RULES OF PROCEDURE

OF THE JOINT COMMITTEE FOR THE MANAGEMENT

OF THE EU- CAPE VERDE AGREEMENT

ON FACILITATING THE ISSUE OF SHORT-STAY VISAS TO CITIZENS OF THE REPUBLIC OF CAPE VERDE AND OF THE EUROPEAN UNION

In order to ensure the continued, harmonized and correct implementation of the Agreement, The Republic of Cape Verde, the European Commission and the Member States shall undertake informal contacts between formal meetings of the Joint Committee, in order to deal with urgent issues. At the next meeting of the Joint Committee, report will be made about these issues and informal contacts.

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