ANNEX I

Information about the reporting resolution authority

Reporting resolution authority
Submission date
Contact person
Name
Email
Phone
General comments (if any)

ANNEX II

MREL information

Mandatory

Simplified reporting template (if 90 is ‘Yes’)

Not mandatory for institutions for which the recapitalisation amount is zero in application of Article 2(2) of Commission Delegated Regulation (EU) 2016/1450

To be filled for all institutions

For institutions for which the recapitalization amount is zero in application of Article 2(2) of Commission Delegated Regulation (EU) 2016/1450

Type of requirement

Total liabilities and own funds

Total risk exposure amount

Leverage ratio denominator

Loss absorption amount

Recapitalisation amount

Adjustments related to impediments to resolvability, size, systemic risk and DGS contributions

Combined assessment of MREL

Transitional or post-resolution arrangements (if applicable)

Legal reference

Article 45(7) and (8) of Directive 2014/59/EU or Article 12(8) of Regulation (EU) No 806/2014

General information

Article 45(11) and (12) of Directive 2014/59/EU or Article 12(10) of Regulation (EU) No 806/2014

Simplified reporting template (if applicable)

Article 1(4) of Commission Implementing Regulation (EU) 2016/962

Article 1(4) of Commission Delegated Regulation (EU) 2016/1450

Article 1(5)(b)(i) and/or Article 1(5)(b)(ii) of Commission Delegated Regulation (EU) 2016/1450

Article 45(9) and (10) of Directive 2014/59/EU

Article 7(2) of Commission Delegated Regulation (EU) 2016/1450

Article 2(3) of Commission Delegated Regulation (EU) 2016/1450 and Article 92(3) and (4) of Regulation (EU) No 575/2013 (1)

Article 2(3) of Commission Delegated Regulation (EU) 2016/1450 and Artilce 429(4) to (11) of Regulation (EU) No 575/2013

Article 1(4) of Commission Delegated Regulation (EU) 2016/1450

Article 1(5)(b)(i) of Commission Delegated Regulation (EU) 2016/1450

Article 1(5)(b)(ii) of Commission Delegated Regulation (EU) 2016/1450

Article 2(5) and (6) of Commission Delegated Regulation (EU) 2016/1450

Article 2(7) and (8) of Commission Delegated Regulation (EU) 2016/1450

Article 2(8) of Commission Delegated Regulation (EU) 2016/1450

Article 2(9) of Commission Delegated Regulation (EU) 2016/1450

Article 2(10) of Commission Delegated Regulation (EU) 2016/1450

Article 3 of Commission Delegated Regulation (EU) 2016/1450

Article 5 of Commission Delegated Regulation (EU) 2016/1450

Article 6 of Commission Delegated Regulation (EU) 2016/1450

Article 7(1) of Commission Delegated Regulation (EU) 2016/1450

Article 7(2) of Commission Delegated Regulation (EU) 2016/1450

Article 45(13) of Directive 2014/59/EU

Article 8 of Commission Delegated Regulation (EU) 2016/1450

Article 8(2) of Commission Delegated Regulation (EU) 2016/1450

Legal entity identifier (LEI code)

Consolidated or individual requirement?

Entity name

Member state of incorporation

Is the reporting resolution authority the Group-level resolution authority?

Date of MREL decision or waiver decision

Application of MREL waived by resolution authority?

Notes

Simplified reporting template (if applicable)

Category of institution (if applicable)

MREL equal to default loss absorption amount?

Types of adjustments to loss absorption amount (if applicable)

MREL set by joint decision

Current

Reporting reference date of item 140

Current

Reporting reference date of item 160

Assumed after resolution

Notes

Current

Reporting reference date of item 200

Assumed after resolution

Notes

Default loss absorption amount pursuant to Article 1 (4) of Commission Delegated Regulation (EU) 2016/1450

Upward adjustment

Type(s) of upward adjustment

Notes

Downward adjustment

Type(s) of downward adjustment

Notes

Total (240 + 250 + 280)

To meet conditions for authorisation

Default additional amount to maintain market confidence by meeting buffers

Adjustment to maintain market confidence following peer group comparison

Notes

Downward adjustment taking into account information received from the competent authority relating to the institution's business model, funding model, and overall risk profile

Notes

Adjustment to column 330 for group subsidiaries

Notes

Total (320 + 330 + 340 + 360 + 380)

For exclusions from bail-in

Notes

For size and systemic risk

Notes

For contributions by the DGS to the financing of resolution

Notes

Total (410 + 430 + 450)

Total (310 + 400 + 470)

MREL as % of total liabilities and own funds (480 / 140)

Percentage of MREL to be met through contractual bail-in instruments

Date at which requirement set in 490 must be met

Type of transitional arrangements

Planned MREL (as % of total liabilities and own funds)

Intended date of application

Planned MREL (as % of total liabilities and own funds)

Intended date of application

Planned MREL (as % of total liabilities and own funds)

Intended date of application

Planned MREL (as % of total liabilities and own funds)

Intended date of application

Accounting framework

10

20

30

40

50

60

70

80

90

100

110

120

130

140

150

160

170

180

190

200

210

220

230

240

250

260

270

280

290

300

310

320

330

340

350

360

370

380

390

400

410

420

430

440

450

460

470

480

490

500

510

520

530

540

550

560

570

580

590

600

610

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(1)  Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 of June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p.1)

ANNEX III

MREL location

Institution			Ultimate parent undertaking			Union parent undertaking			Relevant immediate parent undertaking
Legal entity identifier (LEI code)	Entity name	Member state of incorporation	LEI code	Entity name	Country of incorporation	LEI code	Entity name	Member state of incorporation	LEI code	Entity name	Country of incorporation

ANNEX I

Import duties on the products referred to in Article 1(1) of Regulation (EU) No 642/2010 applicable from 2 March 2018
CN code	Description	Import duties (1)  (2) (EUR/tonne)
1001 11 00	Durum wheat seed	0,00
1001 19 00	High quality durum wheat, other than for sowing	0,00
	Medium quality, other than for sowing	0,00
	Low quality, other than for sowing	0,00
ex 1001 91 20	Common wheat seed	0,00
ex 1001 99 00	High quality common wheat, other than for sowing	0,00
1002 10 00	Rye seed	0,56
1002 90 00	Rye, other than for sowing	0,56
1005 10 90	Maize seed, other than hybrid	0,56
1005 90 00	Maize, other than for sowing (3)	0,56
1007 10 90	Grain sorghum, other than hybrids for sowing	0,56
1007 90 00	Grain sorghum, other than for sowing	0,56

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(1)  The importer may benefit, under Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:

—	EUR 3/tonne, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal,

—	EUR 2/tonne, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean.

(2)  For products originating in Canada covered by CN codes 1001 11 00, 1001 19 00, ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00 and 1002 90 00, the duty is calculated in accordance with Article 2(5) of Regulation (EU) No 642/2010.

(3)  The importer may benefit from a flat-rate reduction of EUR 24/tonne where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.

ANNEX II

FACTORS FOR CALCULATING THE DUTIES LAID DOWN IN ANNEX I

1.

Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010: (EUR/tonne)   Common wheat (1) Maize Exchange Minneapolis Chicago Quotation 193,300 117,450 Gulf of Mexico premium 84,902 21,549 Great Lakes premium — —

2.

Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010: Freight costs: Gulf of Mexico-Rotterdam: 17,471 EUR/tonne Freight costs: Great Lakes-Rotterdam: — EUR/tonne

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(1)  Premium of EUR 14/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).

DRAFT

DECISION No …/201… OF THE JOINT COMMITTEE SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF AZERBAIJAN ON THE FACILITATION OF THE ISSUANCE OF VISAS

of …

with regard to the adoption of common guidelines for the implementation of that Agreement

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas (1) (‘the Agreement’), and in particular Article 12 thereof,

Whereas the Agreement entered into force on 1 September 2014,

HAS ADOPTED THIS DECISION:

Article 1

The common guidelines for the implementation of the Agreement between the European Union and the Republic of Azerbaijan on the facilitation the issuance of visas are set out in the Annex to this Decision.

Article 2

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

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(1)  OJ EU L 128, 30.4.2014, p. 49.

ANNEX

COMMON GUIDELINES FOR THE IMPLEMENTATION OF THE AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF AZERBAIJAN ON THE FACILITATION OF THE ISSUANCE OF VISAS

The purpose of the Agreement between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas (the ‘Agreement’), which entered into force on 1 September 2014, is to facilitate, on the basis of reciprocity, the procedures for issuing visas for an intended stay of no more than 90 days per period of 180 days to the citizens of the Union and the Republic of Azerbaijan.

The Agreement establishes, on the basis of reciprocity, legally binding rights and obligations for the purpose of simplifying the visa issuing procedures for the citizens of the Union and the Republic of Azerbaijan.

These Guidelines, adopted by the Joint Committee set up under Article 12 of the Agreement (the ‘Joint Committee’), aim at ensuring a harmonised implementation of the Agreement by the diplomatic missions and consular posts of the Member States of the Union (‘Member States’) and the Republic of Azerbaijan. These Guidelines are not part of the Agreement and therefore are not legally binding. However, it is highly recommended that diplomatic and consular staff consistently follow them when implementing the Agreement.

These Guidelines are intended to be updated in light of experiences gained in the implementation of the Agreement under the responsibility of the Joint Committee.

In order to ensure the continued and harmonized implementation of the Agreement and in conformity with the rules of procedure of the Joint Visa Facilitation Committee, the Parties agreed to undertake informal contacts between formal meetings of the Joint Committee, in order to deal with urgent issues. Detailed reports about these issues and the informal contacts will be submitted at the subsequent Joint Committee meeting.

I.   GENERAL ISSUES

1.1.   Purpose and scope of application

Article 1 of the Agreement provides that: ‘The purpose of this Agreement is to facilitate, on the basis of reciprocity, the issuance of visas for an intended stay of no more than 90 days per period of 180 days to the citizens of the Union and the Republic of Azerbaijan.’.

The Agreement applies to all citizens of the Union and of the Republic of Azerbaijan who apply for a short-stay visa, whichever the country they reside in.

The Agreement does not apply to stateless persons holding a residence permit issued by any of the Member States or the Republic of Azerbaijan. The rules of the Union visa acquis and the national law of the Republic of Azerbaijan apply to that category of persons.

1.2.   Scope of the Agreement

Article 2 of the Agreement provides that:

The Agreement, without prejudice to Article 10 thereof (which provides for the exemption from the visa requirement for the citizens of the Union and the Republic of Azerbaijan who are holders of valid diplomatic passports) does not affect the existing rules on visa obligations and visa exemptions. For instance, Article 4 of Council Regulation (EC) No 539/2001 (1) allows the Member States to exempt from the visa requirement, among other categories of persons, civilian air and sea crews.

In that context it should be added that in accordance with Article 21 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (2), all Schengen Member States must recognise long-stay visas and residence permits issued by each other as valid for short stays on each other's territories. All Schengen Member States accept residence permits, D visas and short stay visas of Schengen associated countries for entry and short stay and vice versa.

Regulation (EC) No 810/2009 of the European Parliament and of the Council (3) (the ‘Visa Code’) applies to all issues not covered by the Agreement such as the determination of the Schengen Member State responsible for processing a visa application, the motivation of a refusal to issue a visa, the right to appeal against a negative decision and the general rule of the personal interview with the visa applicant and providing all relevant information in relation to the visa application. Furthermore, Schengen rules notably Regulation (EU) 2016/399 of the European Parliament and of the Council (4) (i.e. the refusal of entry in the territory, proof of sufficient means of subsistence etc.) and national law, where appropriate, continue also to apply to issues which are not covered by the Agreement, such as the recognition of travel documents, proof of sufficient means of subsistence, the refusal of entry in the territory of the Member States and expulsion measures.

Even if the conditions provided for in the Agreement are met, for example, proof of documentary evidence regarding the purpose of the journey for the categories provided for in Article 4 is provided by the visa applicant, the issuance of the visa can still be refused if the conditions laid down in Article 6 of Regulation (EU) 2016/399 of the European Parliament and of the Council (‘Schengen Borders Code’) are not fulfilled, i.e. the person is not in possession of a valid travel document, an alert in the Schengen Information System (SIS) has been issued, the person is considered to be a threat to public policy, internal security, etc.

Other flexibilities in the issuing of visas provided for by the Visa Code continue to apply. For instance, multiple-entry visas for a long period of validity – up to five years – can be issued to categories of persons other than those mentioned in Article 5 of the Agreement, if the conditions provided for in Article 24 of the Visa Code are met. In the same way, the provisions contained in Article 16(5) and (6) of the Visa Code allowing waiver or reduction of the visa fee will continue to apply.

In terms of the Republic of Azerbaijan, the Migration Code (5) and other corresponding normative legal acts of the Republic of Azerbaijan applies to all issues not covered by the Agreement, such as the motivation of refusal to issue a visa, the right to appeal against a negative decision or the general rule of the personal interview with the applicant and providing information in relation to the visa application, recognition of travel documents, proof of sufficient means of subsistence, the refusal of entry in the territory of the Republic of Azerbaijan, expulsion measures.

Other flexibilities in the issuing of visas allowed for by the national law of the Republic of Azerbaijan continue to apply if they set a more favourable regime for the applicant. For instance, the provisions of Article 17(2) of the Law of the Republic of Azerbaijan ‘On State Fees’ allowing waiv of the visa fee and of Article 38 of the Migration Code of the Republic of Azerbaijan allowing issuance of the electronic visas will continue to apply.

Even if the conditions foreseen in the Agreement are met, for example, proof of documentary evidence regarding the purpose of the journey for the categories foreseen in Article 4 is provided by the visa applicant, the issuance of the visa still can be refused if the conditions laid down in Article 36 of the Migration Code of the Republic of Azerbaijan (except for paragraph 36.1.7 thereof) are not fulfilled or if there are circumstances listed in Article 16 of the Migration Code of the Republic of Azerbaijan.

1.3.   Types of visas falling within the scope of the Agreement

Point (d) of Article 3 of the Agreement defines ‘visa’ as ‘authorisation issued by a Member State or the Republic of Azerbaijan with a view to transiting through, or an intended stay of a duration of no more than 90 days in any 180-day period, in the territory of Member States or the Republic of Azerbaijan.’.

The facilitations provided by the Agreement apply both to uniform visas valid for the entire territory of the Member States and to visas with limited territorial validity.

The facilitations provided by the Agreement apply to all visas determined in the Chapter 5 of the Migration Code of the Republic of Azerbaijan.

1.4.   Calculation of the length of stay authorised by a visa

The Schengen Borders Code defines the notion of short-stay as follows: ‘no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay’.

This definition also applies to short stay visas issued by the Republic of Azerbaijan, in line with the Agreement.

The day of entry will be calculated as the first day of stay in the territory of the Member States and the day of exit will be calculated as the last day of stay in the territory of the Member States. The notion of ‘any’ implies the application of a ‘moving’ 180-day reference period, on each day of the stay looking back to the last 180-day period, in order to verify if the 90/180-day requirement continues to be fulfilled. That means that an absence from the territory of the Member States for an uninterrupted period of 90 days allows for a new stay of up to 90 days.

A short-stay calculator, which can be used for calculating the period of allowed stay under the new rules, can be found on-line at the following address: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/border-crossing/index_en.htm.

Example of calculation of stay on the basis of the current definition:

A person holding a multiple-entry visa for 1 year (18 April 2014 – 18 April 2015) enters for the first time on 19 April 2014 and stays for three days. Then the same person enters again on 18 June 2014 and stays for 86 days. What is the situation on specific dates? When will that person be allowed to enter again?

On 11 September 2014: over the last 180 days (16 March 2014 – 11 September 2014) the person had stayed for three days (19-21 April 2014) plus 86 days (18 June 2014 – 11 September 2014) = 89 days = no overstay. The person may still stay for up to one day.

As of 16 October 2014: the person might enter for a stay of three additional days. On 16 October 2014 the stay on 19 April 2014 becomes irrelevant (outside the 180-day period); on 17 October 2014 the stay on 20 April 2014 becomes irrelevant (outside the 180-day period; etc.).

As of 15 December 2014: the person might enter for 86 additional days. On 15 December 2014 the stay on 18 June 2014 becomes irrelevant (outside the 180-day period); on 16 December 2014 the stay on 19 June 2014 becomes irrelevant, etc.

1.5.   Situation regarding the Member States that do not yet fully apply the Schengen acquis, Member States that do not participate in the Union common visa policy and associated countries

Member States that joined the Union in 2004 (the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia), 2007 (Bulgaria and Romania), and 2013 (Croatia) are bound by the Agreement as from its entry into force.

Bulgaria, Croatia, Cyprus and Romania do not yet fully implement the Schengen acquis. They will continue issuing national visas with a validity limited to their own national territory. Once those Member States fully implement the Schengen acquis, they will apply the Agreement in full.

National law continues to apply to all issues not covered by the Agreement until the date of full implementation of the Schengen acquis by those Member States. As from that date, Schengen rules and/or national law shall apply to issues not covered by the Agreement.

Bulgaria, Croatia, Cyprus and Romania are authorised to recognise residence permits, D visas and short stay visas issued by all Schengen Member States and associated countries for short stays on their territory (6).

According to Article 21 of the Convention Implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders, all Parties to that Convention must recognise the long-stay visas and residence permits issued by each other as valid for short stays on each other's territories. They accept residence permits, D visas and short stay visas of associated countries for entry and short stay and vice versa.

The Agreement does not apply to Denmark, Ireland and the United Kingdom but includes joint declarations about the desirability of those Member States to conclude bilateral agreements on visa facilitation with the Republic of Azerbaijan.

Although associated to Schengen, Iceland, Liechtenstein, Norway and Switzerland are not bound by the Agreement. However, the Agreement includes a Joint Declaration about the desirability of those Schengen associated countries to conclude, without delay, bilateral agreements on the facilitation of the issuance of short-stay visas with the Republic of Azerbaijan.

The Agreement on the facilitation of the issuance of visas between the Government of the Republic of Azerbaijan and the Government of the Kingdom of Norway was signed on 3 December 2013 and entered into force on 1 June 2015. The Agreement on the facilitation of the issuance of visas between the Government of the Republic of Azerbaijan and Swiss Federal Council was signed on 10 October 2016 and entered into force on 1 April 2017. Moreover, the Agreement between the Government of the Republic of Azerbaijan and the Government of the Principality of Liechtenstein on mutual application of the rules, mentioned in the Agreement between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas, entered into force on 15 February 2017.

1.6.   The Agreement and bilateral agreements

Article 13 of the Agreement provides that:

As from the date of entry into force of the Agreement, provisions of the bilateral agreements in force between Member States and the Republic of Azerbaijan on issues covered by the Agreement ceased to apply. In accordance with Union law, Member States have to take the necessary measures to eliminate the incompatibilities between their bilateral agreements and the Agreement.

Should a Member State have concluded a bilateral agreement or arrangement with the Republic of Azerbaijan on issues not covered by the Agreement, for instance, providing for the exemption from the visa obligation for holders of service passports, that exemption would continue to apply after the entry into force of the Agreement.

The following Member States have a bilateral agreement with the Republic of Azerbaijan providing for the exemption from the visa obligation for holders of service passports: Austria, Bulgaria, Croatia, Hungary, Italy, Portugal, Romania, Slovenia, Latvia and Slovakia (7).

The visa exemption for service passport holders granted by a Member State only applies for travelling on the territory of this Member State and not for travelling to the other Schengen Member States.

II.   SPECIFIC PROVISIONS

2.1.   Rules that apply to all visa applicants

It is recalled that the facilitations mentioned below, with regard to the visa fee, the length of procedures for processing visa applications, departure in case of lost or stolen documents, and the extension of visa in exceptional circumstances, apply to all visa applicants and visa holders being citizens of the Republic of Azerbaijan or Member States bound by the Agreement, including tourists.

2.1.1.   Fees for processing visa applications

Article 6(1) of the Agreement provides that:

In accordance with Article 6(1) of the Agreement, the fee for processing a visa application is EUR 35. That fee applies to all visa applicants being citizens of the Republic of Azerbaijan or of the Union (including tourists) and concerns short-stay visas, irrespective of the number of entries.

Article 6(2) of the Agreement provides that:

In order to benefit from the fee waiver, evidence should be provided that both visa applicants fall under this category. In cases where the disability of the visa applicant is obvious (blind persons, people missing limbs) the visual recognition at the consular post is acceptable.

In justified cases the visa application may be submitted by a representative or the guardian of the disabled person.

‘(e)	participants in international sports events and persons accompanying them in a professional capacity; (N.B. Supporters will not be considered as accompanying persons);

(f)	persons participating in scientific, cultural and artistic activities, including university and other exchange programmes;

(g)	persons who have presented documents proving the necessity of their travel on humanitarian grounds, including to receive urgent medical treatment and the person accompanying such person, or to attend a funeral of a close relative, or to visit a seriously ill close relative;

(h)	representatives of civil society organizations when undertaking trips for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes;’.

In order to benefit from the fee waiver for this category, visa applicants must present proof of being members of civil society organisations or non-profit organisations registered in the Member States or the Republic of Azerbaijan – see Article 4 of the Agreement.

In order to benefit from the fee waiver for this category, visa applicants must present a proof of their pensioner status. The waiver is not justified in cases where the purpose of the journey is paid activity.

‘(j)	children below the age of 12;

(k)	journalists and technical crew accompanying them in a professional capacity;’.

In order to benefit from the fee waiver for this category, visa applicants must present proof of being members of professional journalistic or media organisations – see Article 4 of the Agreement.

As far as the Member States are concerned, the fee is waived for the abovementioned categories of persons. In addition, the fee is also waived, in accordance with Article 16(4) of the Visa Code, for the following categories of persons:

—	researchers from third countries travelling within the European Union for the purpose of carrying out scientific research as defined in Recommendation 2005/761/EC of the European Parliament and of the Council (8);

—	representatives of non-profit organisations aged 25 years or less participating in seminars, conferences, sports, cultural or educational events organised by non-profit organisations.

Article 16(6) of the Visa Code provides that:

Article 16(7) of the Visa Code provides that the visa fee is to be charged in euro, in the national currency of the third country or in the currency usually used in the third country where the application is lodged, and is not refundable except in the cases of an inadmissible application or if the consulate is not competent.

In order to avoid discrepancies which could lead to visa shopping, diplomatic missions and consular posts of the Member States in the Republic of Azerbaijan should endeavour to ensure similar visa fees for all Azerbaijani visa applicants when charged in foreign currencies.

Likewise, in terms of the Republic of Azerbaijan, the fee is also waived, in accordance with Article 17(2) of the Law of the Republic of Azerbaijan ‘On State Fees’, for the following categories of foreigners;

—	members of the state delegation and officials;

—	representatives of international humanitarian organizations in the Republic of Azerbaijan;

—	persons who are studying or are engaged in pedagogical activities via state programmes;

—	persons who travel for defence purposes.

Visa applicants from the Union and the Republic of Azerbaijan will be given a receipt for the visa fee paid.

Article 6(3) of the Agreement provides that:

With regard to the arrangements of the cooperation with external services providers, Article 43 of the Visa Code provides detailed information concerning their tasks.

2.1.2.   Length of procedures for processing visa applications

Article 7 of the Agreement provides that:

A decision on the visa application will be taken, in principle, within 10 calendar days of the date of the lodging of an admissible visa application.

That period may be extended up to 30 calendar days in individual cases, notably when further scrutiny of the application is needed or in cases of representation where the authorities of the represented Member State are consulted.

All those deadlines start running only when the visa application file is complete, i.e. as from the date of receipt of the visa application and supporting documents.

As a principle, for diplomatic missions and consular posts that have an appointment system, the waiting time to get an appointment is not included in the processing time. The general rules set out in Article 9 of the Visa Code and in the Migration Code of the Republic of Azerbaijan are applicable to that issue as well as to other practical arrangements for lodging a visa application.

Article 7(3) of the Agreement provides that:

When setting the appointment, the possible urgency claimed by the visa applicant should be taken into account in view of the implementation of Article 7(3) of the Agreement. The decision on reducing the time for taking a decision on a visa application is taken by the consular officer.

2.1.3.   Leaving the country in the event of the loss or theft of identity documents

Article 8 of the Agreement provides that:

In the event of a loss or theft of identity documents, valid identity documents entitling visa holders to cross the border issued by diplomatic missions or consular posts will be sufficient as the basis for leaving the territory of the Republic of Azerbaijan or the Schengen area. No further documents, authorisations or formalities of any sort can be expected by the host country authorities from the visa holder or the consular post.

2.1.4.   Extension of visa in exceptional circumstances

Article 9 of the Agreement provides that:

With regard to extending the validity of the visa in cases of justified personal reasons, where the holder of the visa is unable to leave the territory of the Member State by the date indicated on the visa sticker, the provisions of Article 33 of the Visa Code shall apply as long as they are compatible with the Agreement. However, under the Agreement the extension of the visa is carried out free of charge in case of force majeure or humanitarian reasons.

In terms of the Republic of Azerbaijan the Migration Code applies to issues regarding the extension of temporary staying period of foreigners in the Republic of Azerbaijan.

The decision on extension of the temporary staying period of foreigners in the Republic of Azerbaijan is an official document authorizing foreigners to stay temporarily in the Republic of Azerbaijan.

Foreigners with the extended temporary staying period in the Republic of Azerbaijan can exit the country through state border crossing points presenting their passports or other border crossing documents and the decision on extension of temporary staying period.

2.2.   Rules that apply to certain categories of visa applicants

2.2.1.   Documentary evidence regarding the purpose of the journey

For the categories of persons listed in Article 4(1) of the Agreement, only the indicated documentary evidence proving the purpose of the journey will be required. As provided for in Article 4(3) of the Agreement, no other justification, invitation or validation concerning the purpose of the journey will be required.

However, this does not mean a waiver of the general requirement to appear in person in order to submit the visa application or to provide supporting documents with regard to e.g. the means of subsistence.

If in individual cases, doubts remain regarding the authenticity of the document proving the purpose of the journey, under Article 21(8) of the Visa Code and the Migration Code of the Republic of Azerbaijan, the visa applicant may be called for an additional interview to the embassy and/or the consulate where that applicant can be questioned regarding the actual purpose of the visit or the applicant's intention to return. In such individual cases, additional documents may be voluntarily provided by the visa applicant or exceptionally requested by the consular officer. That practice shall, however, not be systematic and will be closely monitored by the Joint Committee.

In principle, the original of the document required by Article 4(1) of the Agreement will be submitted with the visa application. However, the consulate can start processing the visa application based on the facsimile or copies of the document. Nevertheless, the consulate may ask for the original document in case of the first time visa application and will ask for it in individual cases where there are doubts.

For the categories of persons not mentioned in Article 4 of the Agreement (for example tourists), the general rules regarding documentation proving the purpose of the journey continue to apply. The same applies to documents regarding parental consent for travel of children under 18 years of age.

Schengen rules and national law shall apply to issues not covered by the Agreement, such as the recognition of travel documents and guarantees regarding return and sufficient means of subsistence.

Article 4(1) of the Agreement provides that:

The authenticity of the signature of the inviting person must be confirmed by the competent authority according to the national legislation of the country of residence. Invitation should be validated by competent authorities.

This provision also applies to relatives of staff working in diplomatic missions and consulates travelling for a family visit of up to 90 days to the territory of the Member States or of the Republic of Azerbaijan, except for the need to prove legal residence and family ties.

The name of the visa applicant must be indicated in the letter issued by the competent authority confirming that the person is part of the delegation travelling to the territory of the other Party to participate in the official meeting. The name of the visa applicant does not need to be indicated in the official invitation to participate in the meeting, although this might be the case when the official invitation is addressed to a specific person.

That provision applies to members of official delegations irrespective of the type of passport (service or ordinary passport) they hold.

In addition to the above, the national business registry will issue a document confirming the existence of the business organizations.

The association competent to issue the written request is the national association of the country of origin of the driver. Regional or other branches of national associations of the Member States can also issue the written requests.

A student card is only accepted as justification of the purpose of the journey if it has been issued by the host university, college or school where the studies or educational training are going to take place.

‘(f)	for persons participating in scientific, academic, cultural or artistic activities, including university and other exchange programmes: — a written request from the host organisation to participate in those activities;

(g)

for journalists and technical crew accompanying them in a professional capacity: — a certificate or other document issued by a professional organization or the applicant's employer proving that the person concerned is a qualified journalist and stating that the purpose of the journey is to carry out journalistic work or proving that he/she is a member of technical crew accompanying the journalist in a professional capacity;’.

This category does not cover free-lance journalists and their assistants.

A certificate or document issued by a professional journalist organisation or the visa applicant's employer, proving that the visa applicant is a professional journalist or an accompanying person in a professional capacity and stating that the purpose of the journey is to carry out a journalistic work or assist in such work, must be presented.

The list of accompanying persons in case of international sports events will be limited to those accompanying the sportsperson in a professional capacity: coaches, masseurs, managers, medical staff, and head of the sports club. Supporters will thus not be considered as accompanying persons.

The Head of Administration/Mayor of the city or other locality competent to issue the written request is the Head of Administration/Mayor of the host city or other locality where the twinning activity is going to take place. That category only covers official twinning.

A document issued by a medical institution confirming the three elements (the necessity of medical care in that institution, the necessity of being accompanied and the proof of sufficient financial means to pay for the medical treatment, e.g. proof of prepayment) must be submitted.

‘(k)

for members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events held on the territory of the Republic of Azerbaijan or Member States: — a written request from the host organization confirming that the person concerned is participating in the event;

(l)

for representatives of civil society organizations when undertaking trips for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes: — a written request issued by the host organization, a confirmation that the person is representing the civil society organization and the certificate on establishment of such organization from the relevant register issued by a state authority in accordance with the national legislation;’.

A document from the civil society organisation confirming that the visa applicant is representing that organisation must be presented.

Individual members of the civil society organisations are not covered by the Agreement.

‘(m)	relatives visiting for burial ceremonies: — an official document confirming the fact of death as well as confirmation of the family or other relationship between the applicant and the buried;

(n)	for visiting military and civil burial grounds: — an official document confirming the existence and preservation of the grave as well as family or other relationship between the applicant and the buried.’.

The Agreement does not specify whether the above-mentioned official document should be issued by the authorities of the country where the burial ground is located or those of the country in which the person who wants to visit the burial ground resides. It should be accepted that the competent authorities of either country may issue such an official document.

The above-mentioned official document confirming the existence and preservation of the grave as well as of the family or other relationship between the visa applicant and the buried must be presented.

The Agreement does not create any new liability rules for the natural or legal persons issuing the written requests. The respective Union and/or national law applies in case of false issuance of such requests.

2.2.2.   Issuance of multiple-entry visas

In cases where the visa applicant needs to travel frequently to the territory of the Member States or of the Republic of Azerbaijan, short-stay visas may be issued for several visits, provided that the total length of those visits does not exceed 90 days per period of 180 days.

Article 5 of the Agreement provides that:

Taking into account the professional status of those categories of persons, or their family relationship with a citizen of the Republic of Azerbaijan who is legally residing in the territory of the Member States, a Union citizen legally residing in the territory of the Republic of Azerbaijan, or with a Union citizen residing in a Member State whose nationality that person holds, it is justified to grant them a multiple-entry visa with a term of validity of five years, or limited to the term of office or to their legal residence if they are less than five years.

Persons falling under point (a) of Article 5(1) of the Agreement, must present proof of the legal residence of the host person.

With regard to persons falling under point (b) of Article 5(1) of the Agreement, confirmation should be given regarding their professional status and the duration of their term of office.

That provision does not apply to persons falling under point (b) of Article 5(1) of the Agreement if they are exempted from the visa requirement by the Agreement, i.e. if they are holders of a diplomatic passport.

In cases where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the validity of the multiple-entry visa will be limited to that period.

In principle, multiple-entry visas with the term of validity of one year will be issued to the above mentioned categories of visa applicants if during the previous year (12 months) the visa applicant has obtained at least one visa and has made use of it in accordance with the laws on entry and stay in the territory(ies) of the visited State(s) (for instance, the person has not overstayed) and if there are reasons for requesting a multiple-entry visa.

In cases where it is not justified to issue a visa valid for one year, for instance if the duration of the exchange programme is of less than one year or the person does not need to travel for a full year, the term of validity of the visa will be of less than one year, provided that the other requirements for issuing the visa are met.

Multiple-entry visas with the term of validity of a minimum of two years and a maximum of five years will be issued to the categories of visa applicants referred to in Article 5(2) of the Agreement, provided that during the previous two years (24 months) they have made use of the two one year multiple-entry visas in accordance with the laws on entry and stay in the territory(ies) of the visited State(s) and that the reasons for requesting a multiple-entry visa are still valid. It has to be noted that a visa with a with the term of validity of a minimum of two years and a maximum of five years, will only be issued if the visa applicant has been issued two visas valid for at least one year during the previous two years (24 months), and if that person has made use of those visas in accordance with the laws on entry and stay in the territory(ies) of the visited State(s). Diplomatic missions and consular posts will decide, on the basis of the assessment of each visa application, on the term of validity of those visas, i.e. from two to five years.

There is no obligation to issue a multiple-entry visa if the visa applicant has not made use of a previously issued visa.

2.2.3.   Holders of diplomatic passports

Article 10 of the Agreement provides that:

The procedures for the posting of diplomats in the Member States are not covered by the Agreement. The usual accreditation procedure applies.

III.   COOPERATION ON TRAVEL DOCUMENTS

In a Joint Declaration annexed to the Agreement the Parties agreed that the Joint Committee should evaluate the impact of the level of security of the respective travel documents on the functioning of the Agreement. To that end, the Parties agreed to regularly inform each other about the measures taken for avoiding the proliferation of travel documents, developing the technical aspects of travel document security as well as regarding the personalisation process of the issuance of travel documents.

IV.   STATISTICS

In order to allow the Joint Committee to effectively monitor the implementation of the Agreement, diplomatic missions and consular posts of the Member States shall submit statistics to the Commission, every six months. Where possible, those statistics should include, presented in a monthly breakdown:

—	the number of visa refusals;

—	the number of multiple entry visas issued;

—	the length of validity of multiple entry visas issued;

—	the number of visas issued without fees.

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(1)  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 EU L 81, 21.3.2001, p. 1).

(2)  OJ EU L 239, 22.9.2000, p. 19.

(3)  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 EU L 243, 15.9.2009, p. 1).

(4)  Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code)) (OJ EU L 77, 23.3.2016, p. 1).

(5)  The Migration Code of the Republic of Azerbaijan was adopted by the Law of the Republic of Azerbaijan No 713-IVQ, on July 2, 2013 and entered into force in August 1, 2013.

(6)  Decision No 565/2014/EU of the European Parliament and of the Council of 15 May 2014 introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by Bulgaria, Croatia, Cyprus and Romania of certain documents as equivalent to their national visas for transit through or intended stays on their territories not exceeding 90 days in any 180-day period and repealing Decisions No 895/2006/EC and No 582/2008/EC (OJ EU L 157, 27.5.2014, p. 23). Due to the absence of diplomatic relations, Cyprus currently exempts holders of Azerbaijani passports (except from diplomatic passport) from the provisions of Decision No 565/2014/EU.

(7)  Exemption from the visa requirement in accordance with Article 4(1) of Regulation (EC) No 539/2001.

(8)  Recommendation 2005/761/EC of the European Parliament and of the Council of 28 September 2005 to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the Community for the purpose of carrying out scientific research (OJ EU L 289, 3.11.2005, p. 23).

ANNEX

Annexes I and II to Decision 2009/821/EC are amended as follows:

(1)

Annex I is amended as follows: (a) in the part concerning Belgium, the entry for the airport at Brussel-Zaventem is replaced by the following: ‘Brussel-Zaventem Bruxelles-Zaventem BE BRU 4 A Flight Care 2 NHC(2) U, E, O Avia Partner HC-T(2)   WFS HC-T(CH)(2)   Swiss Port HC(2)’   (b) in the part concerning Denmark, the entry for the port at København is replaced by the following: ‘København DK CPH 1 P   HC(1)(2), NHC-T(FR)(2), NHC-NT(2)’   (c) in the part concerning Germany, the entry for the airport at Hannover-Langenhagen is replaced by the following: ‘Hannover-Langenhagen DE HAJ 4 A     O(10)’ (d) in the part concerning Ireland, the entry for the airport at Shannon is replaced by the following: ‘Shannon IE SNN 4 A   HC(2), NHC(2) E’ (e) the part concerning Spain is amended as follows: (i) the entry for the airport at Alicante is replaced by the following: ‘Alicante ES ALC 4 A   HC(2), NHC(2) (*) O(10) (*)’ (ii) the entry for the airport at Madrid is replaced by the following: ‘Madrid ES MAD 4 A Iberia HC-T(FR)(2) (*), HC-NT(2) (*), NHC(2) U, E, O Swissport HC(2), NHC(2) O PER4 HC-T(CH)(2)   WFS: World Wide Flight Services HC(2), NHC-T(CH)(2), NHC-NT O Alaire HC-T(2)’   (iii) the entry for the port at Vigo is replaced by the following: ‘Vigo ES VGO 1 P T.C. Guixar HC, NHC-T(FR), NHC-NT   Frioya HC-T(FR)(2)(3)   Frigalsa HC-T(FR)(3)   Pescanova HC-T(FR)(2)(3)   Fandicosta (*) HC-T(FR)(2)(3) (*)   Frig. Morrazo HC-T(FR)(3)’

(2)	in Annex II, in the part concerning Croatia, the entries are replaced by the following: ‘HR00001 BJELOVAR HR00007 GRAD ZAGREB HR00002 VUKOVAR HR00003 PULA HR00009 ŠIBENIK HR00008 SLAVONSKI BROD HR00004 SPLIT HR00005 VARAŽDIN HR00006 ZAGREB HR00010 KARLOVAC HR00011 SISAK HR00012 VIROVITICA’

ANNEX

The Annex to Implementing Decision (EU) 2017/247 is amended as follows:

(1)

in Part A, the entry for the Netherlands is replaced by the following: ‘Member State: The Netherlands Area comprising: Date until applicable in accordance with Article 29(1) of Directive 2005/94/EC In the province of Groningen — Vanaf de kruising van Heirweg (Visvliet) en de N355, de N355 volgend in oostelijke richting tot aan de Bosscherweg. — De Bosscherweg volgend in noordelijke richting tot aan de Westerwaarddijk. — De Westwaarddijk volgend in oostelijke richting overgaand in de Oosterwaarddijk overgaand in zuidelijke richting tot aan de Pamaweg. — De Pamaweg volgend in oostelijke richting tot aan de Heereburen. — De Heereburen volgend in zuidelijke richting overgaand in oostelijke richting overgaand in zuidelijke richting overgaand in oostelijke richting tot aan de Frijtumerweg. — De Frijtumerweg volgend in zuidelijke richting tot aan de Balmahuisterweg. — De Balmahuisterweg volgend in zuidelijke richting tot aan de N355. — De N355 volgend in oostelijke richting overgaand in zuidelijke richting tot aan de Van Starkenborghkanaal ZZ. — De Van Starkenborghkanaal ZZ volgend in westelijke richting tot aan de Hoendiep Oostzijde. — De Hoendiep Oostzijde volgend in zuidelijke richting tot aan de Niekerkerdiep ZZ. — De Niekerkerdiep ZZ volgend in westelijke richting tot aan de Millinghaweg. — De Millinghaweg volgend in zuidelijke richting overgaand in de Fanerweg tot aan de Maarsdijk. — De Maarsdijk volgend in westelijke richting overgaand in noordelijke richting tot aan de N980. — De N980 volgend in zuidelijke richting overgaand in westelijke richting tot aan de De Noord. — De De Noord volgend in noordelijke richting tot aan de Caspar Roblesdijk. — De Caspar Roblesdijk volgend in westelijke richting tot aan de De Wieren. — De De Wieren volgend in noordelijke richting tot aan de Abel Tasmanweg. — De Abel Tasmanweg volgend in westelijke richting tot aan de Stationsweg. — De Stationsweg volgend in noordelijke richting tot aan de Heirweg. — De Heirweg volgend in oostelijke richting tot aan de kruising met de N355. 29.3.2018’

(2)

in Part B, the entry for the Netherlands is replaced by the following: ‘Member State: The Netherlands Area comprising: Date until applicable in accordance with Article 31 of Directive 2005/94/EC In the province of Groningen — Vanaf de kruising van de Kuipersweg en de N355 (Buitenpost), de N355 volgen in oostelijke richting tot aan de Steenharts. — De Steenharst volgend in noordelijke richting tot aan de Zevenhuisterweg. — De Zevenhuisterweg volgend in west noordelijke richting tot aan de Hesseweg. — De Hesseweg volgend in oostelijke richting tot aan de Brongersmaweg. — De Brongersmaweg volgend in noordelijke richting tot aan de Foijingaweg. — De Foijingaweg volgend in oostelijke richting tot aan de Wester-Nieuwkruisland. — De Wester-Nieuwkruisland volgend in noordelijke richting tot aan de Kwelderweg. — De Kwelderweg volgend in oostelijke richting tot aan de W. van der Ploegweg. — De W. van der Ploegweg volgend in noordelijke richting tot aan de Hooge Zuidwal. — De Hooge Zuidwal volgend in oostzuidelijke richting tot aan de N388. — De N388 volgend in noordelijke richting tot aan de Stationsstraat. — De Stationsstraat volgend in noordoostelijke richting tot aan het Hunsingokanaal (Water). — Het Hunsingokanaal (Water) volgend in oostelijke richting tot aan de Kanaalstraat. — De Kanaalstraat volgend in oostzuidelijke richting tot aan de Hoofdstraat. — De Hoofdstraat volgend in noordelijke richting tot aan de Vlakkeriet. — De Vlakkeriet volgend in oostelijke richting tot aan de Kattenburgerweg. — De Kattenburgerweg volgend in noordelijke richting overgaand in oostelijke richting overgaand in zuidelijke richting tot aan de Zuurdijksterweg. — De Zuurdijksterweg volgend in oostelijke richting tot aan de N983. — De N983 volgend in zuidelijke richting tot aan het Reitdiep (Water). — Het Reitdiep (Water) volgend in oostelijke richting tot aan het Aduarderdiep (Water) — Het Aduarderdiep (Water) volgend in zuidelijke richting tot aan het van Starkenborgh Kanaal (Water). — Het Starkenborgh Kanaal (Water) volgend in oostelijke richting tot aan de Gaaikemadijk. — De Gaaikemadijk volgend in zuidelijke richting tot aan de N355. — De N355 volgend in oostelijke richting tot aan de N977. — De N977 volgend in zuidelijke richting tot aan de Hoendiep. — De Hoendiep volgend in westelijke richting tot aan de Roderwolderdijk. — De Roderwolderdijk volgend in zuidelijke richting tot aan de A7. — De A7 volgend in westelijke richting tot aan de Matsloot. — De Matsloot volgend in zuidelijke richting tot aan de Sandebuur. — De Sandebuur volgend in westelijke richting overgaand in zuidelijke richting tot aan de Sandebuursedijk. — De Sandebuursedijk volgend in westelijke richting tot aan de Aan De Vaart. — De Aan de Vaart volgend in zuidelijke richting tot aan de Damweg. — De Damweg volgend in westelijke richting overgaand in de Turfweg tot aan de N372. — De N372 volgend in west noordelijke richting tot aan de Van Panhuijslaan. — De Van Panhuijslaan volgend in zuidelijke richting tot aan de Lindensteinlaan. — De Lindensteinlaan volgend in westelijke richting tot aan de Auwemalaan. — De Auwemalaan volgend in zuidelijke richting tot aan de Pastoor Hopperlaan. — De Pastoor Hopperlaan volgend in westelijke richting overgaand in de Veenderij tot aan de Turfring. — De Turfring volgend in zuidelijke richting overgaand in westelijke richting tot aan de Tolbertervaart. — De Tolbertervaart volgend in zuidelijke richting tot aan de N979. — De N979 volgend in westzuidelijke richting tot aan de Carolieweg. — De Carolieweg volgend in noordelijke richting overgaand in westelijke richting overgaand in de Grouwweg tot aan de Jonkersweg. — De Jonkersweg volgend in noordelijke richting tot aan de Nieuweweg. — De Nieuweweg volgend in westelijke richting overgaand in de Kruisweg tot aan de N980. — De N980 volgend in noordelijke richting tot aan de Leidijk. — De Leidijk volgend in westelijke richting tot aan de Zuiderweg. — De Zuiderweg volgend in westelijke richting tot aan de Oude Dijk. — De Oude Dijk volgend in noordelijke richting tot aan de N981. — De N981 volgend in westelijke richting tot aan de N358. — De N358 volgend in noordelijke richting overgaand in Lutkepost overgaand in de Kuipersweg tot aan de kruising met de N355. 29.3.2018 — Vanaf de kruising van Heirweg (Visvliet) en de N355, de N355 volgend in oostelijke richting tot aan de Bosscherweg. — De Bosscherweg volgend in noordelijke richting tot aan de Westerwaarddijk. — De Westwaarddijk volgend in oostelijke richting overgaand in de Oosterwaarddijk overgaand in zuidelijke richting tot aan de Pamaweg. — De Pamaweg volgend in oostelijke richting tot aan de Heereburen. — De Heereburen volgend in zuidelijke richting overgaand in oostelijke richting overgaand in zuidelijke richting overgaand in oostelijke richting tot aan de Frijtumerweg. — De Frijtumerweg volgend in zuidelijke richting tot aan de Balmahuisterweg. — De Balmahuisterweg volgend in zuidelijke richting tot aan de N355. — De N355 volgend in oostelijke richting overgaand in zuidelijke richting tot aan de Van Starkenborghkanaal ZZ. — De Van Starkenborghkanaal ZZ volgend in westelijke richting tot aan de Hoendiep Oostzijde. — De Hoendiep Oostzijde volgend in zuidelijke richting tot aan de Niekerkerdiep ZZ. — De Niekerkerdiep ZZ volgend in westelijke richting tot aan de Millinghaweg. — De Millinghaweg volgend in zuidelijke richting overgaand in de Fanerweg tot aan de Maarsdijk. — De Maarsdijk volgend in westelijke richting overgaand in noordelijke richting tot aan de N980. — De N980 volgend in zuidelijke richting overgaand in westelijke richting tot aan de De Noord. — De De Noord volgend in noordelijke richting tot aan de Caspar Roblesdijk. — De Caspar Roblesdijk volgend in westelijke richting tot aan de De Wieren. — De De Wieren volgend in noordelijke richting tot aan de Abel Tasmanweg. — De Abel Tasmanweg volgend in westelijke richting tot aan de Stationsweg. — De Stationsweg volgend in noordelijke richting tot aan de Heirweg. — De Heirweg volgend in oostelijke richting tot aan de kruising met de N355. 29.3.2018’

ANNEX

PARTNERSHIP PRIORITIES BETWEEN THE EUROPEAN UNION AND ARMENIA

I.   CONTEXT

The Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part and Armenia, of the other part (the ‘Partnership and Cooperation Agreement’), was signed on 22 April 1996 and entered into force on 1 July 1999. The EU and its Member States, on the one part, and Armenia, on the other part have, on 27 February, 2017, completed negotiations on a Comprehensive and Enhanced Partnership Agreement (CEPA), the text of which is being finalised for signature. The EU-Armenia Partnership Priorities aim to facilitate the implementation of the cooperation between the partners, including in the context of the new agreement. The Partnership Priorities seek to strengthen the relationship between the EU and Armenia and pursue the promotion of universal values and stability, resilience, security and prosperity built on democracy, human rights, rule of law and sustainable economic growth and openness. They are in line with the priorities set out by the Republic of Armenia and the EU, including those set out in the European Neighbourhood Policy (ENP) Review (1). The Partnership Priorities follow the principles of co-ownership and differentiation and stem from the four priorities (2) jointly agreed at the 2015 Eastern Partnership (EaP) Riga Summit, which were confirmed by both sides at the EU-Eastern Partnership Foreign Affairs Ministerial Meeting in May 2016 as the guiding framework for future work. Finally, the Partnership Priorities are also in accordance with the 2030 Sustainable Development Goals and the 2015 Paris Agreement on climate change and their commitment to issues of economic, environmental and social sustainability and climate change.

The EU and Armenia share common interests and values, notably in view of Armenia's engagement in economic and political reforms as well as regional cooperation, including in the framework of the Eastern Partnership. The new comprehensive agreement will renew and shape the legal basis for bilateral relations and the momentum should be seised to reinforce EU-Armenia relations, also through agreeing Partnership Priorities. This new overarching framework and the priority areas of cooperation will build on the mutual interest in enhancing our engagement taking into account EU's and Armenia's other international commitments.

The Partnership Priorities build on past fruitful cooperation including in the context of the implementation of the ENP Action Plan, which they will replace. These Partnership Priorities should shape the agenda for regular political dialogue meetings and sectoral dialogues as defined in the new Agreement, which will also be the framework for implementation and monitoring of the Priorities.

The future EU-Armenia financial cooperation and programming, notably the next Single Support Framework for Armenia for 2017-2020, will be based on these Partnership Priorities.

II.   PRIORITIES

The Partnership Priorities reflect shared interests and focus on those areas where cooperation is of mutual benefit. Armenia and the EU will continue to pursue the core objectives of supporting regional stability based on common values and strong commitment to democracy and human rights. Civil society is an important actor in the context of the Eastern Partnership and the EU and Armenia will further facilitate its involvement in the implementation of these priorities. Economic cooperation towards sustained growth is an area where mutual interest is strong and where we will explore all possible opportunities to improve the business environment. Faster and more inclusive growth will require reinforcement of public institutions' appropriate skills and human capital and further improved governance and better infrastructure connections. Tackling these issues will create favourable conditions for stronger cooperation in key sectors and for increased mobility, to the benefit of citizens both in the EU and in Armenia. Priorities are interlinked and mutually reinforcing. Each priority theme includes several elements in a multidisciplinary and cross-cutting approach that is necessary to reach the objective. This includes joint active involvement in multilateral cooperation fora, including within the Eastern Partnership framework.

1.   Strengthening institutions and good governance

The EU and Armenia are committed to further cooperation with the objective of the promotion of human rights and the rule of law, and the fundamental freedoms. They will work together towards continuous improvement of Armenian public administration, good governance and judiciary, step up the fight against corruption and strengthen civil society. Gender equality, environmental and social issues will be mainstreamed in all areas.

The focus will be on the implementation and enforcement of relevant legislation, including the new Constitution. Electoral reform, agreed in September 2016 on the basis of, inter alia, the recommendations of the Organisation for Security and Cooperation in Europe and its Office for Democratic Institutions and Human Rights, applies as of the parliamentary elections of 2 April 2017. The parties will also strive to further develop a favourable environment for civil society, including social partner's organisations, and its participation in decision making. Civil society has been consulted on the establishment of these Partnership Priorities and will also play an important role by contributing to the monitoring of their implementation.

The parties will step up their efforts for the reform of public administration, including local authorities and law enforcement. Particular importance will be attached to the rule of law, promoting the independence of the judiciary, access to justice and the right to fair trial. This reform will begin with a strategic framework for public administration reform. The aim of our cooperation is to reinforce the accountability and effectiveness of government by means that include modern, gender-sensitive human resource management and widespread use of e-government, including in the health sector. Policy development and evaluation will be based on clear evidence provided by, amongst others, a high quality statistics service.

The fight against corruption will be at the heart of administrative reform and the country's effort to reinforce the rule of law. Cooperation will focus both on reinforcing the anti-corruption bodies and reviewing legislation, in particular the public procurement system, the asset declaration system to ensure its proper implementation, and the management of public functions where economic and other stakes are highest (procurement, customs, permits) with a view to ensuring high ethical standards and avoid conflict of interest. The Parties shall implement assistance in accordance with the principles of sound financial management and cooperate in the protection of the financial interests of the EU and of Armenia in accordance with the relevant provisions of the CEPA.

Cooperation in the security sector will seek to reinforce the accountability of security operators and address common concerns in the fight against organised crime, drugs and terrorism, including terrorism financing and money laundering, by means which are respectful of provisions on justice, freedom and security laid down in the various agreements governing EU-Armenia relations. The further modernisation of border management will contribute both to the security of the country and region and to economic development by facilitating legitimate exchanges. The parties will also cooperate on recovery of criminal assets through the improvement of Armenia's legal framework and the establishment of a full-fledged asset recovery office.

2.   Economic development and market opportunities

The common goal of the parties is sustainable and inclusive economic development of Armenia. Sustained growth requires sound economic policies that ensure macroeconomic and financial stability. These should include a continued commitment to sustainable budgetary policies while preserving capital and social expenditure and consolidating buffers against external shocks. Public finance management (which is an important element both for governance and democracy and for economic development) will adhere to the principles of best international practice. Banking supervision will be further strengthened according to international norms and best practices, to increase the robustness and the resilience of the financial sector. The modernisation and reforms in customs and tax administration, including international cooperation and reinforcement of fight against fraud, will boost revenue collection.

An improved business environment is a fundamental condition for economic development. Further simplified administrative procedures and reduced administrative costs, improved access to finance for small and medium-sized enterprises (SMEs) in a sound and diversified financial market, and reinforced protection and enforcement of property rights will be the focus areas in this regard. Strong business support organisations and business associations would help economic operators to seise new opportunities and strengthen their voices in economic policy-making. The EU and Armenia will seek to reinforce the ability of Armenian enterprises to participate in international value chains, involving both EU and Armenian economic operators, which will foster technology and knowledge transfer. The role of Business Support Organisations (BSO) in this sense is of pivotal importance and the EU support to match-making between Armenian and European enterprises can leverage the national efforts. The Armenian participation in international value chains can include and be reinforced and accelerated by Foreign Direct investment, which can contribute to building and reinforcing local skills and competencies; to this end it is essential to improve the investment framework by enhancing its transparency, reliability and efficiency. An investment environment supportive to business also includes effective competition in markets for products and services, ensured by a strong, independent competition authority operating to the highest ethical standards, with access to an effective enforcement mechanism for antitrust legislation and effective protection of intellectual property rights, including geographical indications. Mainstreaming ease of doing business in all policies will be instrumental to fostering growth. Modern employment and social policies will be needed to ensure that the economic development is inclusive and contribute to improving the well-being of all Armenian citizens. This includes appropriate institutions to ensure effective supervision of working conditions including health and safety at work.

It is important to implement the overall Armenian Development Strategy as well as sector specific strategies (SME Strategy and the recommendations of the SBA Assessment, Export Promotion Strategy, rural development etc.) to actively participate in the EU programmes for SMEs (COSME) and for research and innovation (Horizon 2020), and to upgrade the Information and Communication Technology (ICT) regulatory and infrastructure environment, making full use of EU support in these areas.

Fostering the digital economy, including through the approximation of Armenia's digital environment with the EU's Digital Single Market, would be important for modernising Armenia's economy and society.

Monitoring the implementation of these strategies should include a public-private dialogue and consultation with relevant civil society organisations, including with social partner's organisations.

The green economy offers an important growth path for sustainable development. Environmental issues, including climate change, will be mainstreamed in all relevant policies.

The EU and Armenia have established effective cooperation in agriculture, regional and rural development to promote the development of farmers groups and value adding chains throughout Armenia. While agriculture and subsistence farming present opportunities for food security and informal employment, it is important to further develop the competitiveness of the sector including through capacity building and access to finance. Building on past achievements and in coordination with the reform of the public administration at all levels, the parties will continue to reinforce economic, social and territorial cohesion across the regions.

3.   Connectivity, energy efficiency, environment and climate action

A land-locked country, Armenia needs to overcome to the challenges to its connectivity. Also within the country, some areas suffer from remoteness and limited connections to centres of economic, political and social activity. Cooperation with the EU and other Eastern Partnership countries in the above areas, in particular Georgia, can contribute to alleviation of the consequences of the geographical situation of the country.

Armenia's growth potential would be enhanced by improved business opportunities, transport, logistics and value-chain links, fostered by improved internal and cross-border connectivity. Road, rail and air routes are main transport modes in Armenia. As Armenia's main trade partners are the EU, Russia and China, cargo is usually transited on rail ferry services from Georgian ports. The parties will cooperate in developing swift clearance procedures at borders as they are essential for all modes to avoid costly delays.

The parties will also cooperate in the framework of the extended core Trans-European Transport network (TEN-T), based on clear prioritisation, to improve Armenia's access to the international markets. Road safety cooperation, covering both infrastructure and policy aspects, will be also promoted. Investment in infrastructure should be environmentally friendly and climate-proof.

To ensure effective connections and market development beyond the immediate neighbourhood, it is important to pursue civil aviation reform, eventually leading to the conclusion of an aviation agreement with the EU.

Good environmental governance (in particular the use of Environmental Impact Assessment and Strategic Impact Assessment, access to environmental information and access to justice in environmental matters) and the integration of the environment and climate action into relevant policy areas will create a solid basis for sustainable development. Commitments in the area of environment as included in the new Agreement will form the basis for relevant reforms. Increased energy efficiency will generate quick, significant, and sustained savings, while advancing the transition to a low emission and climate resilient economy; in the residential sector, such actions can be linked to the work of the Covenant of Mayors. As long as nuclear energy is used to maintain an adequate level of energy supply in the country, ensuring high levels of nuclear safety is necessary: International Atomic energy Agency (IAEA) standards and EU standards and practices, as referred to in the CEPA, shall serve as a basis.

Reliable and affordable energy supplies are a necessary condition for the functioning of a modern society and the containment of their environmental and climate impact is a condition for its sustainability. Improved energy and resource efficiency, including in the residential sector, and the increased use of renewable energy will contribute towards this objective through the implementation of the state of the art legislation in energy efficiency, renewable energy sources and electricity market. These goals could also be pursued through the public procurement for services and infrastructure.

Energy security can also be enhanced by improving and increasing connections to neighbouring countries. Armenia's continued active participation in the multilateral cooperation within the Eastern Partnership will be essential for identifying projects of common interest that could benefit from EU financial support. Improving energy efficiency and fostering renewable energy with capacity building and a clear prioritisation of investments are key to ensuring energy safety and security in Armenia.

Lastly, the closure and safe decommissioning of the Medzamor Nuclear Power Plant (MNPP) and the early adoption of a road map/action plan to this effect shall remain a key objective, taking into consideration the need for its replacement with new capacity to ensure Armenia's energy security and conditions for sustainable development.

4.   Mobility and people-to-people contacts

The parties will cooperate with the objective of facilitating mobility of their nationals, widening the scope of people-to-people contacts through targeted actions including for youth, students, researchers, artists, cultural operators and business people, reconfirming that enhanced mobility of the citizens of the Parties in a secure and well managed environment remains a core objective and considering in due course the opening of a visa dialogue with Armenia provided that conditions for well-managed and secure mobility are in place, including the effective implementation of visa facilitation and readmission agreements between the Parties. They will cooperate on fighting irregular migration, including through the implementation of the readmission agreement, promoting border management policy as well as legal and operational frameworks.

Management of migration flows will be based on the Visa Facilitation Agreement / Readmission Agreement. The EU acknowledges Armenia's role in settling refugees from Syria, making it eligible for support from the EU Regional Trust Fund in Response to the Syrian Crisis (3).

Facing the challenges of the global marketplace requires a solid package of skills at all levels, be it in enterprises or in the public administration. Early childhood, primary, secondary and higher education, and vocational education and training, as well as cooperation between the education and training system and businesses all need to be reinforced to give their full contribution to developing these skills. Particular attention will be paid to research and innovation following Armenia's Association to the Horizon 2020 programme.

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(1)  18.11.2015 JOIN(2015) 50 final.

(2)  See the four titles under Part II. Priorities.

(3)  Commission Decision C(2014) 9615 of 10 December 2014 on the establishment of a European Union Regional Trust Fund in response to the Syrian crisis, ‘the Madad Fund’.

‘(7)

Options and discretions in relation to the exemption of exposures from the application of the large exposure limits set out in Article 395(1) of Regulation (EU) No 575/2013 should be consistently applied to both significant institutions and less significant institutions to establish a level playing field for credit institutions in the participating Member States, limit concentration risks arising from specific exposures, and ensure that the same minimum standards are applied across the SSM for the assessment of compliance with the conditions specified in Article 400(3) of the same Regulation. In particular, concentration risks arising from covered bonds falling within the terms of Article 129(1), (3) and (6) of Regulation (EU) No 575/2013 and exposures to or guaranteed by regional governments or local authorities of Member States, where those claims would be assigned a 20 % risk weight under Part Three, Title II, Chapter 2 of Regulation (EU) No 575/2013, should be limited. For intragroup exposures, including participations or other kinds of holdings, it needs to be ensured that the decision to fully exempt these exposures from the application of the large exposure limits is based on a thorough assessment as specified in Annex I to Regulation (EU) 2016/445 (ECB/2016/4). The application of common criteria for the assessment of whether an exposure, including participations or other kinds of holdings, to regional or central credit institutions with which the credit institution is associated in a network in accordance with legal or statutory provisions and which are responsible, under those provisions, for cash-clearing operations within the network, meets the conditions for an exemption from the large exposure limits as specified in Annex II to Regulation (EU) 2016/445 (ECB/2016/4) is warranted. Such application should ensure that significant and less significant institutions associated in the same network are treated in a consistent way. The exercise of the option provided for in Article 400(2) of Regulation (EU) No 575/2013 as set out in this Guideline should only apply if the relevant Member State has not exercised the option provided for in Article 493(3) of Regulation (EU) No 575/2013.’,

‘(7)

Options and discretions in relation to the exemption of exposures from the application of the large exposure limits set out in Article 395(1) of Regulation (EU) No 575/2013 should be consistently applied to both significant institutions and less significant institutions to establish a level playing field for credit institutions in the participating Member States, limit concentration risks arising from specific exposures, and ensure that the same minimum standards are applied across the SSM for the assessment of compliance with the conditions specified in Article 400(3) of the same Regulation. In particular, concentration risks arising from covered bonds falling within the terms of Article 129(1), (3) and (6) of Regulation (EU) No 575/2013 and exposures to or guaranteed by regional governments or local authorities of Member States, where those claims would be assigned a 20 % risk weight under Part Three, Title II, Chapter 2 of Regulation (EU) No 575/2013, should be limited. The application of common criteria for the assessment of whether an exposure, including participations or other kinds of holdings, to regional or central credit institutions with which the credit institution is associated in a network in accordance with legal or statutory provisions and which are responsible, under those provisions, for cash-clearing operations within the network, meets the conditions for an exemption from the large exposure limits as specified in the Annex to this Guideline is warranted. Such application should ensure that significant and less significant institutions associated in the same network are treated in a consistent way. The exercise of the option provided for in Article 400(2) of Regulation (EU) No 575/2013 as set out in this Guideline should only apply if the relevant Member State has not exercised the option provided for in Article 493(3) of Regulation (EU) No 575/2013.’.

‘2.   In derogation from Article 3(b) and Articles 9(4), 15(1) and 17(2), the following alternative treatment may be applied to the valuation of synthetic instruments:’,

‘2.   In derogation from Articles 3(2), 9(4), 15(1) and 17(2), the following alternative treatment may be applied to the valuation of synthetic instruments:’.

‘1.   The following Article 3a is added:’,

‘Decision ECB/2007/7 is amended as follows:

1.	The following Article 3a is inserted:’.

‘Kg CO2eq/MJ FAME’,

‘g CO2eq/MJ FAME’.