ANNEX

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

The purpose of the Agreement between the European Union and Georgia on the facilitation of the issuance of visas (the ‘Agreement’), which entered into force on 1 March 2011, 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 Georgia.

The Agreement establishes, on the basis of reciprocity, legally binding rights and obligations for the purpose of simplifying the procedures for the issuing of visas to the citizens of Georgia.

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 services of the Member States of the Union (‘Member States’). These Guidelines are not part of the Agreement and are therefore 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 the light of experience gained in the implementation of the Agreement under the responsibility of the Joint Committee.

In order to ensure the continued and harmonised 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 Visa Facilitation Committee meeting.

I.   GENERAL ISSUES

1.1.   Purpose and scope of application

Article 1(1) of the Agreement provides that:

The Agreement applies to all citizens of Georgia who apply for a short-stay visa, whichever country they reside in.

The Agreement does not apply to stateless persons holding a residence permit issued by Georgia. The rules of the Union visa acquis apply to that category of persons.

Article 1(2) of the Agreement provides that:

As from 1 June 2006, all citizens of the Union and stateless persons holding a residence permit issued by a Member State are exempted from the visa requirement when travelling to Georgia for a period of time not exceeding 90 days per period of 180 days or when transiting through the territory of Georgia.

In order to avoid discriminatory treatment by Georgia of the citizens of one or more Member States or certain categories of such citizens, in a Declaration annexed to the Agreement, the Union announced its intention to suspend the application of the Agreement, in case Georgia reintroduces the visa requirement for the citizens of one or more Member States or for certain categories of such citizens.

1.2.   Scope of the Agreement

Article 2 of the Agreement provides that:

The Agreement, without prejudice to Article 10, 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 Member States to exempt from the visa requirement, among other categories of persons, civilian air and sea crews. Since the taking of effect of the association of Switzerland and Liechtenstein to the Schengen area on 13 December 2008 and on 7 March 2011 respectively, residence permits issued by Switzerland and Liechtenstein are recognised as equivalent to Schengen visas for both transit and short stay.

Regulation (EC) No 810/2009 of the European Parliament and of the Council (2) (‘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 a personal interview with the visa applicant. In addition, Schengen rules and, where appropriate, national law 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 into the territory of the Member States and expulsion measures. In that respect, providing accurate information on these issues is necessary (3).

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 (4) (‘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 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.

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

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

The facilitations provided by the Agreement apply both to uniform visas and to visas with limited territorial validity issued for the purpose of transit or short-stay.

1.4.   Calculation of the length of stay authorised by a visa and in particular the question on how to determine the six-month period

Regulation (EU) No 610/2013 of the European Parliament and of the Council (5) has re-defined the notion of short stay. The current definition of short-stay reads as follows: ‘no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay’. That definition entered into force on 18 October 2013 and is contained in the Schengen Borders Code.

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 for an uninterrupted period of 90 days allows for a new stay of up to 90 days.

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

A person holding a multiple-entry visa for 1 year (18.4.2010 - 18.4.2011) enters for the first time on 19.4.2010 and stays for three days. Then that person enters again on 18.6.2010 and stays for 86 days. What is the situation on specific dates? When will this person be allowed to enter again?

On 11.9.2010: over the last 180 days (16.3.2010 - 11.9.2010) the person had stayed for three days (19.4.2010 - 21.4.2010) plus 86 days (18.6.2010 - 11.9.2010) = 89 days = no overstay. The person may still stay for up to one day.

As of 16.10.2010: the person might enter for a stay of three additional days (on 16.10.2010 the stay on 19.4.2010 becomes irrelevant (outside the 180-day period); on 17.10.2010 the stay on 20.4.2010 becomes irrelevant (outside the 180-day period; etc.)).

As of 15.12.2010: the person might enter for 86 additional days (on 15.12.2010 the stay on 18.6.2010 becomes irrelevant (outside the 180-day period); on 16.12.2010 the stay on 19.6.2010 becomes irrelevant, etc.).

1.5.   Situation regarding the Member States that joined the Union in 2004 and 2007 without yet being fully integrated into the Schengen area, Member States that do not participate in the Union common visa policy and associated countries

Only 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 continue to apply the Agreement.

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 Schengen Member States and associated countries for short stays on their territory (6).

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 (7), 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. Schengen Member States 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 comprises joint declarations about the desirability of those Member States to conclude bilateral agreements on visa facilitation with Georgia.

Although associated to Schengen, Iceland, Liechtenstein, Norway and Switzerland are not covered by the Agreement.

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 Georgia 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 Georgia 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 bilateral agreements with Georgia providing for the exemption from the visa obligation for holders of service passports: Bulgaria, Cyprus, Latvia, Hungary, Romania and Slovakia.

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

1.7.   Joint Declaration on the harmonisation of information on procedures for issuing short-stay visas and documents to be submitted when applying for short-stay visas

A Joint Declaration has been annexed to the Agreement referring to the commitment of the Parties to provide coherent and uniform information to the citizens of Georgia on access to diplomatic missions and consular services of the Member States and on the procedures and conditions for applying for visas and on the validity of visas issued. That information is available on the website of the Delegation of the European Union to Georgia: http://www.eeas.europa.eu/delegations/georgia/travel_eu/visa/index_en.htm.

Article 47 of the Visa Code establishes the obligation of Member States' central authorities and consulates to provide the general public with all relevant information in relation to the application for a visa.

Diplomatic missions and consular services of the Member States are requested to disseminate widely that information (on the information board of consulates, in leaflets, on websites, etc.) and to also disseminate precise information on the conditions for issuing visas, representation of Member States in Georgia and their list of required supporting documentation.

1.8.   Information provided by the Georgian authorities on the Agreement

In order to correctly inform the citizens of Georgia about the advantages of the Agreement and the diplomatic missions and consular services of the Member States where visa applications can be submitted, the Ministry of Foreign Affairs of Georgia has created a special link where that information is available. The address of the web page:

http://mfa.gov.ge/index.php?lang_id=GEO&sec_id=95&info_id=13448

II.   SPECIFIC PROVISIONS

2.1.   Rules that apply to all visa applicants

It is recalled that the facilitations mentioned below regarding the visa fee, the length of procedures for processing visa applications and the extension of visa in exceptional circumstances apply to all visa applicants, including tourists.

2.1.1.   Visa fee

The first subparagraph of 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 35 EUR. That fee applies to all Georgian visa applicants (including tourists) and concerns short-stay visas, irrespective of the number of entries.

Article 6(2) of the Agreement provides that:

Regarding the modalities of the cooperation with external services providers, Article 43 of the Visa Code provides detailed information concerning their tasks.

Article 6(3) of the Agreement provides that:

The fee is waived for the above-mentioned categories of persons. In addition, the fee is also waived in accordance with Article 16(4) of the Visa Code.

As stated in Article 16(6) of the Visa Code ‘in individual cases, the amount of the visa fee to be charged may be waived or reduced when to do so serves to promote cultural or sporting interests as well as interests in the field of foreign policy, development policy and other areas of vital public interest or for humanitarian reasons.’.

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 case of an inadmissible application or if the consulate is not competent.

When the fee is charged in a currency other than in euro, the amount of the visa fee charged in that currency will be determined and regularly reviewed in application of the euro foreign exchange reference rate set by the European Central Bank. The amount charged may be rounded up and consulates will ensure under local Schengen cooperation that they charge similar fees.

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

Georgian visa applicants will be given a receipt for the visa fee paid in accordance with Article 16(8) of the Visa Code.

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 a visa application which is admissible.

That period may be extended up to 30 calendar days when further scrutiny is needed, for example, for consultation of central authorities.

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

For diplomatic missions and consular services of the Member States that have an appointment system, the period of time to get an appointment is not counted as part of the processing time. The general rules set out in Article 9 of the Visa Code are applicable to this issue as well as to other practical modalities for lodging a visa application. In particular, when an appointment is required for the lodging of a visa application, it will, as a rule, take place within a period of two weeks from the date when the appointment was requested.

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

In line with the Handbook for the processing of visa applications and the modification of issued visas (Part 2, point 3.2.2), the capacity of Member States' consulates in Georgia to handle visa applications should be adapted so as to respect the two-week deadline for an appointment provided for in the Visa Code, including during peak seasons.

In justified cases of urgency (where the visa could not have been applied earlier for reasons that could not have been foreseen by the visa applicant), an appointment (in accordance with Article 9(3) of the Visa Code) should be given immediately or direct access for submitting the application should be allowed.

In addition, a consulate may decide to establish a ‘fast track’ procedure for the submission of visa applications in order to receive certain categories of visa applicants.

2.1.3.   Extension of visa in exceptional circumstances

Article 9 of the Agreement provides that:

With regard to the possibility of extending the validity of the visa in cases of justified personal reasons, where the holder of the visa does not have the possibility 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.

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 stated 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 of personal appearance for the submission of the visa application and supporting documents with regard to the means of subsistence, which remains unaffected.

If in individual cases doubts remain regarding the authenticity of the document proving the purpose of the journey, the visa applicant may be called for an additional in depth interview to the embassy/consulate where that applicant can be questioned regarding the actual purpose of the visit or the applicant's intention to return (in accordance with Article 21(8) of the Visa Code). In such individual cases, additional documents can be provided by the visa applicant or exceptionally requested by the consular officer. The Joint Committee will closely monitor that issue.

For the categories of persons not mentioned in Article 4(1) 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 parents' 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 recognition of travel documents and guarantees regarding return and sufficient means of subsistence.

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

Article 4(1) of the Agreement provides that:

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, 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 Georgia who is legally residing in the territory of the Member States, it is justified to grant them a multiple-entry visa with a term of validity of up to 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 regarding the legal residence of the inviting person.

As regards 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.

Persons falling under point (c) of Article 5(1) of the Agreement must present proof regarding their permanent status as a member of the official delegation and the need to participate regularly in meetings, consultations, negotiations or exchange programmes.

In principle, multiple-entry visas valid for 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 Member 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 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 a validity of two to 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 Member 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 validity of two to 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, and if that person has used those visas in accordance with the laws of entry and stay in the territory(ies) of the visited Member State(s). Diplomatic missions and consular services of the Member States will decide, on the basis of the assessment of each visa application, the period of validity of those visas, i.e. from two to five years.

Regarding the definition of the criteria in Article 5(2) of the Agreement: ‘provided that … there are reasons for requesting a multiple-entry visa’, and Article 5(3) of the Agreement: ‘provided that … the reasons for requesting a multiple-entry visa are still valid’, the criteria set out by the Visa Code for issuing multiple-entry visas shall apply. Consequently, the person must prove the need to travel frequently to one or several Member States, for example for business purposes.

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

III.   COOPERATION ON DOCUMENT SECURITY

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 monitor effectively the implementation of the Agreement, diplomatic missions and consular services of the Member States shall submit statistics to the Commission every six months specifying by month, in particular and where possible:

—	the number of multiple-entry visas issued;

—	the number of visas issued without fees.

V.   EUROPEAN UNION DECLARATION ON FACILITATIONS FOR FAMILY MEMBERS

Although the Agreement does not include legally binding rights and obligations for facilitating the movement of a wider number of citizens of Georgia who are family members of the citizens of Georgia legally residing in the territories of Member States, the Union takes note of the suggestion of Georgia to give a wider definition to the notion of family members that should benefit from visa facilitation as well as of the importance that Georgia attaches to the simplification of movement of that category of persons.

Therefore, in order to ease the mobility of an extended number of persons who have family links (in particular sisters and brothers and their children) with the citizens of Georgia legally residing in the territories of Member States, in a Declaration annexed to the Agreement, the Member States' consular offices are invited to make full use of the existing possibilities in the acquis for facilitating the issuance of visas to that category of persons, including, in particular, the simplification of documentary evidence requested for the applicants, exemptions from handling fees and, where appropriate, the issuing of multiple entry visas.

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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 L 81, 21.3.2001, p. 1).

(2)  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 L 243, 15.9.2009, p. 1).

(3)  See also point 1.7.

(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 L 77, 23.3.2016, p. 1).

(5)  Regulation (EU) No 610/2013 of the European Parliament and of the Council of 26 June 2013 amending Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 of the European Parliament and of the Council (OJ L 182, 29.6.2013, p. 1).

(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 L 157, 27.5.2014, p. 23).

(7)   OJ L 239, 22.9.2000, p. 19.