30.4.2014 EN Official Journal of the European Union L 128/49 AGREEMENT between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas THE EUROPEAN UNION hereinafter referred to as ‘the Union’; and THE REPUBLIC OF AZERBAIJAN, hereinafter referred to as ‘the Parties’; DESIRING to facilitate people to people contacts as an important condition for a steady development of economic, humanitarian, cultural, scientific and other ties, by facilitating the issuing of visas to citizens of the Union and the Republic of Azerbaijan on a basis of reciprocity, BEARING IN MIND the Agreement on Partnership and Cooperation establishing a Partnership between the Union and its Member States, of the one part, and the Republic of Azerbaijan, of the other part, as well as the negotiations on an EU-Azerbaijan Association Agreement which were launched in 2010, HAVING REGARD to the Joint Declaration of the Prague Eastern Partnership Summit held on 7 May 2009 stating the political support towards visa liberalization of the visa regime in a secure environment, RECOGNISING that visa facilitation should not lead to irregular migration and paying special attention to security and readmission, TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice and the Protocol of the Schengen acquis integrated into the framework of the European Union, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the United Kingdom and Ireland, TAKING INTO ACCOUNT the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and confirming that the provisions of this agreement do not apply to the Kingdom of Denmark, HAVE AGREED AS FOLLOWS: Article 1 Purpose and scope of application 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. Article 2 General clause 1. The visa facilitations provided in this Agreement shall apply to citizens of the Union and of the Republic of Azerbaijan only insofar as they are not exempted from the visa requirement by the laws and regulations of the Republic of Azerbaijan, of the Union or the Member States, this Agreement or other international Agreements. 2. The national law of the Republic of Azerbaijan or of the Member States or Union law shall apply to issues not covered by the provisions of this Agreement, such as the refusal to issue a visa, recognition of travel documents, proof of sufficient means of subsistence and the refusal of entry and expulsion measures. Article 3 Definitions For the purpose of this Agreement: (a) ‘Member State’ shall mean any Member State of the European Union, with the exception of the Kingdom of Denmark, the Republic of Ireland and the United Kingdom; (b) ‘Citizen of the Union’ shall mean a national of a Member State as defined in point (a); (c) ‘Citizen of the Republic of Azerbaijan’ shall mean any person who holds the citizenship of the Republic of Azerbaijan in accordance with its legislation in force; (d) ‘visa’ shall mean an 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; (e) ‘legally residing person’ shall mean: — for the Republic of Azerbaijan, a citizen of the Union who acquired temporary or permanent residence permit for a period of more than 90 days in the territory of the Republic of Azerbaijan, — for the Union, a citizen of the Republic of Azerbaijan authorized or entitled to stay for more than 90 days in the territory of a Member State, on the basis of Union law or national legislation. Article 4 Documentary evidence regarding the purpose of the journey 1. For the following categories of citizens of the Union and of the Republic of Azerbaijan, the following documents are sufficient for justifying the purpose of the journey to the other Party: (a) for close relatives — spouses, children (including adopted), parents (including custodians), grandparents and grand-children — visiting citizens of the European Union legally residing in the territory of the Republic of Azerbaijan or citizens of the Republic of Azerbaijan legally residing in the Member States, or citizens of the European Union residing in the territory of the Member State of which they are nationals, or citizens of the Republic of Azerbaijan residing in the territory of the Republic of Azerbaijan: — a written request from the host person; (b) without prejudice to Article 10, for members of official delegations including permanent members of such delegations who, following an official invitation addressed to the Member States, the European Union or the Republic of Azerbaijan, shall participate in official meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Republic of Azerbaijan or one of the Member States by intergovernmental organisations: — a letter issued by a competent authority of a Member State or of the Republic of Azerbaijan or by an institution of the European Union confirming that the applicant is a member of its delegation respectively or a permanent member of its delegation travelling to the territory of the other Party to participate in the aforementioned events, accompanied by a copy of the official invitation; (c) for business people and representatives of business organisations: — a written request from the host legal person or company, organization or an office or a branch of such legal person or company, state, or local authorities of the Republic of Azerbaijan or the Member States or organising committees or trade and industrial exhibitions, conferences and symposia held in the territory of the Republic of Azerbaijan or one of the Member States endorsed by the competent authorities in accordance with the national legislation; (d) for drivers conducting international cargo and passenger transportation services between the territories of the Republic of Azerbaijan and the Member States in vehicles registered in the Member States or in the Republic of Azerbaijan: — a written request from the national company or association (union) of carriers of the Republic of Azerbaijan or the national associations of carriers of the Member States providing for international road transportation, stating the purpose, itinerary, duration and frequency of the trips; (e) for pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including in the framework of exchange programmes as well as other school related activities: — a written request or a certificate of enrolment from the host university, academy, institute, college or school or student cards or certificates of the courses to be attended; (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; (h) for participants in international sports events and persons accompanying them in a professional capacity: — a written request from the host organization, competent authorities, national sport Federations of the Member States or the Republic of Azerbaijan or National Olympic Committee of the Republic of Azerbaijan or National Olympic Committees of the Member States; (i) for participants in official exchange programmes organized by twin cities: — a written request of the Head of Administration/Mayor of these cities; (j) for persons travelling for medical reasons and necessary accompanying persons: — an official document of the medical institution confirming necessity of medical care in this institution, the necessity of being accompanied and proof of sufficient financial means to pay for the medical treatment; (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; (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; 2. The written request mentioned in paragraph 1 of this Article shall include the following items: (a) for the invited person: name and surname, date of birth, sex, citizenship, passport number, time and purpose of the journey, number of entries and where relevant the name of the spouse and children accompanying the invited person; (b) for the inviting person: name, surname and address; (c) for the inviting legal person, company or organisation: full name and address and: — if the request is issued by an organisation or authority, the name and position of the person who signs the request; — if the inviting person is a legal person or company or an office or a branch of such legal person or company established in the territory of a Member State or in the Republic of Azerbaijan, the registration number as required by the national law of the Member State concerned or by the Azerbaijani law. 3. For the categories of persons mentioned in paragraph 1 of this Article, all categories of visas are issued according to the simplified procedure without requiring any other justification, invitation or validation concerning the purpose of the journey, provided for by the legislation of the Parties. Article 5 Issuance of multiple-entry visas 1. Diplomatic missions and consular posts of the Member States and of the Republic of Azerbaijan shall issue multiple-entry visas with a term of validity of 5 years to the following categories of citizens: (a) spouses, children (including adopted), who are under the age of 21 or are dependant, parents (including custodians), visiting citizens of the European Union legally residing in the territory of the Republic of Azerbaijan or citizens of the Republic of Azerbaijan legally residing in the territory of the Member States, or citizens of the European Union residing in the territory of the Member State of which they are nationals, or citizens of the Republic of Azerbaijan residing in the territory of the Republic of Azerbaijan; (b) permanent members of official delegations, who following an official invitation addressed to the Member States, the European Union or the Republic of Azerbaijan, are to participate regularly in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Republic of the Azerbaijan or one of the Member States by intergovernmental organisations; By way of derogation from the first sentence, where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the term of validity of the multiple-entry visa shall be limited to that period, in particular where: — in the case of the persons referred to in point (a), the period of validity of the authorisation for legal residence of citizens of the Republic of Azerbaijan legally residing in one of the Member States or citizens of the Union legally residing in the Republic of Azerbaijan; — in the case of the persons referred to in point (b), the term of the validity of the status as a permanent member of an official delegation, is less than five years. 2. Diplomatic missions and consular posts of the Member States and of the Republic of Azerbaijan shall issue multiple-entry visas with the term of validity of one year to the following categories of citizens, provided that during the previous year they have obtained at least one visa, have made use of it in accordance with the laws on entry and stay of the visited State: (a) students, post-graduate students who regularly travel for the purposes of study or educational training, including in the framework of exchange programmes; (b) journalists and technical crew accompanying them in a professional capacity; (c) participants in official exchange programmes organised by twin cities; (d) drivers conducting international cargo and passenger transportation services between the territories of the Republic of Azerbaijan and the Member States in vehicles registered in the Member States or the Republic of Azerbaijan; (e) persons needing to visit regularly for medical reasons and necessary accompanying persons; (f) members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events who regularly travel to the Republic of Azerbaijan or the Member States; (g) representatives of civil society organizations travelling regularly to the Republic of Azerbaijan or the Member States for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes; (h) persons participating in scientific, cultural and artistic activities, including university and other exchange programmes, who regularly travel to the Republic of Azerbaijan or the Member States; (i) participants in international sports events and persons accompanying them in a professional capacity; (j) members of official delegations who, following an official invitation addressed to the Member State, the European Union or the Republic of Azerbaijan, shall participate regularly in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Republic of Azerbaijan or of the Member States by intergovernmental organisations; (k) business people and representatives of business organisations who regularly travel to the Republic of Azerbaijan or the Member States. By way of derogation from the first sentence, where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the term of validity of the multiple-entry visa shall be limited to that period. 3. Diplomatic missions and consular posts of the Member States and of the Republic of Azerbaijan shall issue multiple-entry visas with the term of validity of a minimum of 2 years and a maximum of 5 years to the categories of persons referred to in paragraph 2 of this Article, provided that during the previous 2 years they have made use of the one year multiple-entry visas in accordance with the laws on entry and stay of the visited State, unless the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, in which case the term of validity of the multiple-entry visa shall be limited to that period. 4. The total period of stay of persons referred to in paragraphs 1 to 3 of this Article shall not exceed 90 days per period of 180 days in the territory of the Member States or in the Republic of Azerbaijan. Article 6 Fees for processing visa applications 1. The fee for processing visa applications shall amount to EUR 35. The aforementioned amount may be reviewed in accordance with the procedure provided for in Article 14(4). 2. Without prejudice to paragraph 3, fees for processing the visa application are waived for the following categories of persons: (a) for close relatives — spouses, children (including adopted), parents (including custodians), grandparents and grand-children — of citizens of the European Union legally residing in the territory of the Republic of Azerbaijan, of citizens of the Republic of Azerbaijan legally residing in the territory of the Member States, of citizens of the European Union residing in the territory of the Member State of which they are nationals, and of citizens of the Republic of Azerbaijan residing in the territory of the Republic of Azerbaijan; (b) for members of official delegations, including permanent members of official delegations, who, following an official invitation addressed to the Member States, the European Union or the Republic of Azerbaijan, shall participate in official meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Republic of Azerbaijan or one of the Member States by intergovernmental organisations; (c) pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including in the framework of exchange programmes as well as other school related activities; (d) persons with disabilities and persons accompanying them, if necessary; (e) participants in international sports events and persons accompanying them in a professional capacity; (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; (i) pensioners; (j) children under the age of 12; (k) journalists and technical crew accompanying them in a professional capacity. 3. If a Member State or the Republic of Azerbaijan cooperates with an external service provider in view of issuing a visa the external service provider may charge a service fee. This fee shall be proportionate to the costs incurred by the external service provider while performing its tasks and shall not exceed EUR 30. The Member States and the Republic of Azerbaijan shall maintain the possibility for all applicants to lodge their applications directly at their consulates. For the Union, the external service provider shall conduct its operations in accordance with the Visa Code and in full respect of the legislation of the Republic of Azerbaijan. For the Republic of Azerbaijan, the external service provider shall conduct its operations in accordance with the Azerbaijani legislation and of the legislation of the EU Member States. Article 7 Length of procedures for processing visa applications 1. Diplomatic missions and consular posts of the Member States and the Republic of Azerbaijan shall take a decision on the request to issue a visa within 10 calendar days of the date of the receipt of the application and documents required for issuing the visa. 2. The period of time for taking a decision on a visa application may be extended up to 30 calendar days in individual cases, notably when further scrutiny of the application is needed. 3. The period of time for taking a decision on a visa application may be reduced to 2 working days or less in urgent cases. If applicants are required to obtain an appointment for the lodging of an application the appointment shall, as a rule, take place within a period of two weeks from the date when the appointment was requested. Notwithstanding the foregoing sentence, external service providers shall ensure that a visa application, as a rule, can be lodged without undue delay. In justified cases of urgency, the consulate may allow applicants to lodge their applications either without appointment, or an appointment shall be given immediately. Article 8 Departure in case of lost or stolen documents Citizens of the European Union and the Republic of Azerbaijan who have lost their identity documents, or from whom these documents have been stolen while staying in the territory of the Republic of Azerbaijan or the Member States, may leave the territory of the Republic of Azerbaijan or the Member States on the basis of valid identity documents entitling them to cross the border issued by diplomatic missions or consular posts of the Member States or of the Republic of Azerbaijan without any visa or other authorisation. Article 9 Extension of visa in exceptional circumstances Citizens of the European Union and the Republic of Azerbaijan who are not able to leave the territory of the Republic of Azerbaijan or the territory of the Member States by the time stated in their visas for reasons of force majeure shall have the period of validity and/or the duration of stay of the issued visa extended free of charge in accordance with the legislation applied by the Republic of Azerbaijan or the receiving Member State for the period required for their return to the State of their residence. Article 10 Diplomatic passports 1. Citizens of the European Union and the Republic of Azerbaijan who are holders of valid diplomatic passports may enter, leave and transit through the territories of the Republic of Azerbaijan or the Member States without visas. 2. Persons mentioned in paragraph 1 may stay in the territory of the Republic of Azerbaijan or the territories of Member States for a period not exceeding 90 days per period of 180 days. Article 11 Territorial validity of visas Subject to the national rules and regulations concerning national security of the Republic of Azerbaijan and of the Member States and subject to EU rules on visas with limited territorial validity, citizens of the Union and Azerbaijani citizens shall be entitled to travel within the territory of the Member States and of the Republic of Azerbaijan on equal basis with the Republic of Azerbaijan and European Union citizens. Article 12 Joint Committee for management of the Agreement 1. The Parties shall set up a Joint Committee of experts (hereinafter referred to as ‘the Committee’), composed of representatives of the Union and of the Republic of Azerbaijan. The Union shall be represented by the European Commission, assisted by experts from the Member States. 2. The Committee shall, in particular, have the following tasks: (a) monitoring the implementation of the present Agreement; (b) suggesting amendments or additions to the present Agreement; (c) settling disputes arising out of the interpretation or application of the provisions in this Agreement. 3. The Committee shall meet whenever necessary at the request of one of the Parties and at least once a year. 4. The Committee shall establish its rules of procedure. Article 13 Relation of this Agreement with bilateral Agreements between Member States and the Republic of Azerbaijan As from its entry into force, this Agreement shall take precedence over provisions of any bilateral or multilateral agreements or arrangements concluded between individual Member States and the Republic of Azerbaijan, insofar as the provisions of the latter agreements or arrangements cover issues dealt with by this Agreement. Article 14 Final clauses 1. This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures and shall enter into force on the first day of the second month following the date on which the Parties notify each other that the procedures referred to above have been completed. 2. By way of derogation from paragraph 1 of this Article, this Agreement shall only enter into force on the date of the entry into force of the Agreement between the European Union and the Republic of Azerbaijan on readmission if this date is after the date provided for in paragraph 1 of this Article. 3. This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 6 of this Article. 4. This Agreement may be amended by written agreement of the Parties. Amendments shall enter into force after the Parties have notified each other of the completion of their internal procedures necessary for this purpose. 5. Each Party may suspend in whole or in part this Agreement for reasons of public order, protection of national security or protection of public health. The decision on suspension shall be notified to the other Party not later than 48 hours before its entry into force. The Party that has suspended the application of this Agreement shall immediately inform the other Party once the reasons for the suspension no longer apply. 6. Each Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days after the date of such notification. Done at Vilnius on the twenty-ninth day of November in the year two thousand and thirteen, in duplicate each in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Azerbaijani languages, each of these texts being equally authentic. За Европейския съюз Рог la Unión Europea Za Evropskou unii For Den Europæiske Union Für die Europäische Union Euroopa Liidu nimel Για την Ευρωπαϊκή Ένωση For the European Union Pour l'Union européenne Za Europsku uniju Per l'Unione europea Eiropas Savienības vārdā – Europos Sąjungos vardu Az Európai Unió részéről Għall-Unjoni Ewropea Voor de Europese Unie W imieniu Unii Europejskiej Pela União Europeia Pentru Uniunea Europeană Za Európsku úniu Za Evropsko unijo Euroopan unionin puolesta För Europeiska unionen Avropa İttifaqı adından За Азербайджанската република Por la República de Azerbaiyán Za Ázerbájdžánskou republiku For Republikken Aserbajdsjan Für die Republik Aserbaidschan Aserbaidžaani Vabariigi nimel Για τη Δημοκρατία χου Αζερμπαϊτζάν For the Republic of Azerbaijan Pour la République d'Azerbaïdjan Za Republiku Azerbajdžan Per la Repubblica dell'Azerbaigian Azerbaidžanas Republikas vārdā – Azerbaidžano Respublikos vardu Az Azerbajdzsán Köztársaság részéről Għar-Repubblika tal-Azerbajģan Voor de Republiek Azerbeidzjan W imieniu Republiki Azerbejdżanu Pela República do Azerbaijāo Pentru Republica Azerbaidjan Za Azerbajdžanskú republiku Za Azerbajdžansko republiko Azerbaidžanin tasavallan puolesta För Republiken Azerbajdzjan PROTOCOL to the Agreement on the Member States that do not fully apply the Schengen acquis Those Member States which are bound by the Schengen acquis but which do not issue yet Schengen visas, while awaiting the relevant decision of the Council to that end, shall issue national visas the validity of which is limited to their own territory. In accordance with Decision No 582/2008/EC of the European Parliament and of the Council of 17 June 2008 introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by Bulgaria, Cyprus and Romania of certain documents as equivalent to their national visas for the purposes of transit through their territories (1) harmonised measures have been taken in order to simplify the transit of holders of Schengen visa and Schengen residence permits through the territory of the Member States that do not fully apply the Schengen acquis yet. (1) OJ L 161, 20.6.2008, p. 30. JOINT DECLARATION on article 10 of the agreement on diplomatic passports The Union or the Republic of Azerbaijan might invoke a partial suspension of the agreement and in particular of Article 10, in accordance with the procedure set up by Article 14(5), if the implementation of Article 10 is abused by the other Party or leads to a threat to public security. In case of suspension of the implementation of Article 10, both Parties shall initiate consultations within the framework of the Joint Committee set up by the agreement with a view to solve the problems that lead to the suspension. As a priority, both Parties declare their commitment to ensure a high level of document security for diplomatic passports, in particular by integrating biometric identifiers. For the Union, this will be ensured in compliance with the requirements set out in Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (1). (1) OJ L 385, 29.12.2004, p. 1. JOINT DECLARATION concerning Denmark The Parties take note that the present Agreement does not apply to the procedures for issuing visas by the diplomatic missions and consular services of Denmark. In such circumstances, it is desirable that the authorities of Denmark and of the Republic of Azerbaijan conclude, without delay, a bilateral agreement on the facilitation of the issuance of short-stay visas in similar terms as the Agreement between the European Union and the Republic of Azerbaijan. JOINT DECLARATION concerning the United Kingdom and Ireland The Parties take note that the present Agreement does not apply to the territory of the United Kingdom and Ireland. In such circumstances, it is desirable that the authorities of the United Kingdom, Ireland and the Republic of Azerbaijan, conclude bilateral agreements on the facilitation of the issuance of visas. JOINT DECLARATION concerning Iceland, Norway, Switzerland and Liechtenstein The Parties take note of the close relationship between the European Union and Switzerland, Iceland, Liechtenstein, and Norway, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of these countries with the implementation, application and development of the Schengen acquis. In such circumstances, it is desirable that the authorities of Switzerland, Iceland, Liechtenstein, and Norway and the Republic of Azerbaijan conclude, without delay, bilateral agreements on the facilitation of the issuance of short-stay visas in similar terms as the Agreement between the European Union and the Republic of Azerbaijan. JOINT DECLARATION on cooperation on travel documents The Parties agree that the Joint Committee established under Article 12 of the Agreement, when monitoring the implementation of the Agreement, 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 agree 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. JOINT DECLARATION on service passports The Parties, considering the framework of these negotiations, reaffirm that this Agreement does not affect the possibility of individual Member States and the Republic of Azerbaijan to conclude bilateral agreements providing for the exemption from the visa requirements of holders of service passports.

Summary: Visa facilitation Visa facilitation SUMMARY OF: Agreement and Decision 2014/242/EU between the EU and the Republic of Azerbaijan on the facilitation of the issuance of visas Agreement and Decision 2013/628/EU between the EU and the Republic of Armenia on the facilitation of the issuance of visas Agreement and Decision 2013/521/EU between the EU and the Republic of Cabo Verde on facilitating the issue of short-stay visas Agreement and Decision 2007/340/EC between the European Community and the Russian Federation on the facilitation of the issuance of visas WHAT IS THE AIM OF THE AGREEMENTS AND DECISIONS? The agreements introduce simplified procedures to make issuing short-stay visas (no more than 90 days per period of 180 days) an easier process for the non-EU countries and citizens concerned and, in some cases, the arrangement is reciprocal for European Union (EU) citizens. They aim to facilitate people-to-people contacts as an important aspect of the steady development of economic, humanitarian, cultural, scientific and other ties. The decisions conclude the various agreements on behalf of the EU. KEY POINTS EU Member States covered by these agreements The agreements only apply to travel for short stays to Schengen area countries. 22 of the 27 Member States apply the Schengen body of law (acquis). Bulgaria, Croatia, Cyprus and Romania do not yet fully apply the Schengen acquis, while Ireland maintains an opt-out. Iceland, Liechtenstein, Norway and Switzerland are not members of the EU but are part of the Schengen area. Denmark and Ireland maintain opt-outs in the areas of freedom, security and justice and are not party to these agreements. Visa requirements for non-EU nationals Regulation (EU) 2018/1806 repeals and codifies Regulation (EC) No 539/2001. The regulation lists the non-EU countries whose nationals are exempt from the visa requirement (Annex II) and those non-EU countries whose nationals must obtain a visa to travel to the Schengen area. Reciprocal arrangements for EU citizens The arrangements for citizens of Azerbaijan, Cabo Verde and Russia apply reciprocally to EU citizens. Documentary evidence of the purpose of the journey Appropriate documentary evidence is required to confirm the purpose of the journey for various categories of visa applicant, which, depending on the country, may include: close relatives of legal residents: spouses, children (including adopted children), parents (including other custodians), grandparents and grandchildren; members of official delegations; business people and representatives of business organisations; drivers conducting international cargo- and passenger-transportation services; pupils, students and accompanying teachers on study trips; persons participating in scientific, academic, cultural or artistic activities; journalists and accompanying technical crew; participants in international sports events and professional assistants; participants in official twin-city exchange programmes; persons travelling for medical reasons and their necessary companions; professionals participating in international exhibitions, conferences, symposiums, seminars or similar events; representatives of civil society organisations on trips concerning educational training, seminars, conferences and exchange programmes; relatives visiting for burial ceremonies; visitors to military and civil burial grounds; persons travelling for tourism. Multiple entry visas Varying requirements apply for different categories of visa applicants, with visas valid for up to 5 years being issued. Generally, depending on the country, family members and official visitors are eligible for 5-year visas, while other categories are eligible for visas that are valid for 1 to 5 years. Fees The agreements provide for a fee reduction for non-EU nationals when applying for a Schengen visa. Apart from the Cabo Verde agreement, all other visa facilitation agreements concerned set the visa fee level at €35 (per application). In addition, fees are waived for many categories of citizen depending on their purpose of travel. Departure in the case of lost or stolen documents Citizens who have lost their documents or have had their documents stolen may leave the country based on valid identity documents, entitling them to cross the border, issued by diplomatic missions or consular posts without any visa or other authorisation. Extension of visa in exceptional circumstances Citizens who cannot leave by the time stated in their visas, for reasons of unforeseeable circumstances (force majeure), can have the term of their visas extended free of charge subject to the laws of the countries involved. Diplomatic passports Holders of valid diplomatic passports can enter, leave and transit through the territories covered by these agreements without visas. The Cabo Verde agreement also provides for the same exemption for holders of service passports (passports issued to government employees). These categories of passport holders may stay in the Schengen area for a period not exceeding 90 days in a period of 180 days. Joint committees Joint committees of experts composed of representatives of the EU and the non-EU country concerned monitor the implementation of the agreements. Return and readmission These agreements are linked to readmission agreements and common rules for managing the return of irregular migrants. Suspension of EU–Russia visa facilitation Following Russia’s invasion of Ukraine, the facilitation of the issuance of visas to the citizens of the EU and the Russian Federation of the relevant agreement is suspended from 28 February 2022 (Council Decision (EU) 2022/333). DATE OF ENTRY INTO FORCE Country Date of entry into force of agreement Date of application of decision Republic of Azerbaijan 1 September 2014 14 April 2014 Republic of Armenia 1 January 2014 22 October 2013 Republic of Cabo Verde 1 December 2014 7 October 2013 Russian Federation 1 June 2007 19 April 2007 BACKGROUND The agreements on visa facilitation, concluded by the EU with the following non-EU countries, no longer apply to holders of biometric passports from those countries who have subsequently been exempted from the visa requirement: Albania, Bosnia and Herzegovina, Georgia, Moldova, Montenegro, North Macedonia, Serbia and Ukraine. For further information, see: Visa policy (European Commission) Return and readmission (European Commission) Communication from the Commission – COVID-19 guidance on the implementation of the temporary restriction on non-essential travel to the EU, on the facilitation of transit arrangements for the repatriation of EU citizens, and on the effects on visa policy. MAIN DOCUMENTS Agreement between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas (OJ L 128, 30.4.2014, pp. 49–60). Council Decision 2014/242/EU of 14 April 2014 on the conclusion of the Agreement between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas (OJ L 128, 30.4.2014, pp. 47–48). Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas (OJ L 289, 31.10.2013, pp. 2–11). Council Decision 2013/628/EU of 22 October 2013 concerning the conclusion of the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas (OJ L 289, 31.10.2013, p. 1). Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (OJ L 282, 24.10.2013, pp. 3–12). Successive amendments to the agreement have been incorporated into the original text. This consolidated version is of documentary value only. Council Decision 2013/521/EU of 7 October 2013 on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (OJ L 282, 24.10.2013, pp. 1–2). Agreement between the European Community and the Russian Federation on the facilitation of the issuance of visas to the citizens of the European Union and the Russian Federation (OJ L 129, 17.5.2007, pp. 27–34). Council Decision 2007/340/EC of 19 April 2007 on the conclusion of the Agreement between the European Community and the Russian Federation on the facilitation of issuance of short-stay visas (OJ L 129, 17.5.2007, pp. 25–26). RELATED DOCUMENTS Council Decision (EU) 2022/333 of 25 February 2022 on the partial suspension of the application of the Agreement between the European Community and the Russian Federation on the facilitation of the issuance of visas to the citizens of the European Union and the Russian Federation (OJ L 54, 25.2.2022, pp. 1–3). Regulation (EU) 2019/592 of the European Parliament and of the Council of 10 April 2019 amending Regulation (EU) 2018/1806 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, as regards the withdrawal of the United Kingdom from the Union (OJ L 103 I, 12.4.2019, pp. 1–4). Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 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 (codification) (OJ L 303, 28.11.2018, pp. 39–58). See consolidated version. Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, pp. 98–107). Information relating to the entry into force of the Agreement between the European Union and the Republic of Azerbaijan on the facilitation of the issuance of visas (OJ L 215, 21.7.2014, p. 1). Information relating to the entry into force of the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas (OJ L 334, 13.12.2013, p. 1). Information relating to the entry into force of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (OJ L 321, 7.11.2014, p. 1). Information relating to the entry into force of the Agreement between the European Community and the Russian Federation on the facilitation of the issuance of visas to the citizens of the European Union and the Russian Federation (OJ L 173, 3.7.2007, p. 34). last update 03.03.2022


21.5.2014 EN Official Journal of the European Union L 151/1 DIRECTIVE 2014/62/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 83(1) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Central Bank (1), Having regard to the opinion of the European Economic and Social Committee (2), Acting in accordance with the ordinary legislative procedure (3), Whereas: (1) As the single currency shared by the Member States of the euro area, the euro has become an important factor in the Union's economy and the everyday life of its citizens. However, since its introduction in 2002, as a currency continuously targeted by organised crime groups active in money counterfeiting, counterfeiting of the euro has caused financial damage of at least EUR 500 million. It is in the interests of the Union as a whole to oppose and pursue any activity that is likely to jeopardise the authenticity of the euro by counterfeiting. HAVE ADOPTED THIS DIRECTIVE: Article 1 Subject matter This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of counterfeiting of the euro and other currencies. It also introduces common provisions to strengthen the fight against those offences and to improve investigation of them and to ensure better cooperation against counterfeiting. Article 2 Definitions For the purposes of this Directive the following definitions apply: (a) ‘currency’ means notes and coins, the circulation of which is legally authorised, including euro notes and coins, the circulation of which is legally authorised pursuant to Regulation (EC) No 974/98; (b) ‘legal person’ means any entity having legal personality under the applicable law, except for States or public bodies in the exercise of State authority and for public international organisations. Article 3 Offences 1. Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: (a) any fraudulent making or altering of currency, whatever means are employed; (b) the fraudulent uttering of counterfeit currency; (c) the import, export, transport, receiving or obtaining of counterfeit currency with a view to uttering the same and with knowledge that it is counterfeit; (d) the fraudulent making, receiving, obtaining or possession of (i) instruments, articles, computer programs and data, and any other means peculiarly adapted for the counterfeiting or altering of currency; or (ii) security features, such as holograms, watermarks or other components of currency which serve to protect against counterfeiting. 2. Member States shall take the necessary measures to ensure that the conduct referred to in points (a), (b) and (c) of paragraph 1 is punishable also with respect to notes or coins being manufactured or having been manufactured by use of legal facilities or materials in violation of the rights or the conditions under which competent authorities may issue notes or coins. 3. Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 1 and 2 is punishable also in relation to notes and coins which are not yet issued, but are designated for circulation as legal tender. Article 4 Incitement, aiding and abetting, and attempt 1. Member States shall take the necessary measures to ensure that inciting or aiding and abetting an offence referred to in Article 3 is punishable as a criminal offence. 2. Member States shall take the necessary measures to ensure that an attempt to commit an offence referred to in points (a), (b) or (c) of Article 3(1), Article 3(2), or Article 3(3) in relation to conduct referred to in points (a), (b) and (c) of Article 3(1) is punishable as a criminal offence. Article 5 Sanctions for natural persons 1. Member States shall take the necessary measures to ensure that the conduct referred to in Articles 3 and 4 is punishable by effective, proportionate and dissuasive criminal sanctions. 2. Member States shall take the necessary measures to ensure that the offences referred to in point (d) of Article 3(1), the offences referred to in Article 3(2), and the offences referred to in Article 3(3) in relation to conduct referred to in point (d) of Article 3(1) shall be punishable by a maximum sanction which provides for imprisonment. 3. Member States shall take the necessary measures to ensure that the offences referred to in point (a) of Article 3(1) and in Article 3(3) in relation to conduct referred to in point (a) of Article 3(1) shall be punishable by a maximum term of imprisonment of at least eight years. 4. Member States shall take the necessary measures to ensure that the offences referred to in points (b) and (c) of Article 3(1) and in Article 3(3) in relation to conduct referred to in points (b) and (c) of Article 3(1) shall be punishable by a maximum term of imprisonment of at least five years. 5. In relation to the offence referred to in point (b) of Article 3(1), Member States may provide for effective, proportionate and dissuasive criminal sanctions other than that referred to in paragraph 4 of this Article, including fines and imprisonment, if the counterfeit currency was received without knowledge but passed on with the knowledge that it is counterfeit. Article 6 Liability of legal persons 1. Member States shall take the necessary measures to ensure that legal persons can be held liable for the offences referred to in Articles 3 and 4 committed for their benefit by any person acting either individually or as part of an organ of the legal person who has a leading position within the legal person based on (a) a power of representation of the legal person; (b) an authority to take decisions on behalf of the legal person; or (c) an authority to exercise control within the legal person. 2. Member States shall ensure that a legal person can be held liable where the lack of supervision or control by a person referred to in paragraph 1 of this Article has made possible the commission of an offence referred to in Articles 3 and 4 for the benefit of that legal person by a person under its authority. 3. Liability of a legal person under paragraphs 1 and 2 of this Article shall not exclude criminal proceedings against natural persons who are perpetrators, instigators or accessories in the offences referred to in Articles 3 and 4. Article 7 Sanctions for legal persons Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6 is subject to effective, proportionate and dissuasive sanctions, which shall include criminal or non-criminal fines and may include other sanctions such as (a) exclusion from entitlement to public benefits or aid; (b) temporary or permanent disqualification from the practice of commercial activities; (c) placing under judicial supervision; (d) judicial winding-up; (e) temporary or permanent closure of establishments which have been used for committing the offence. Article 8 Jurisdiction 1. Each Member State shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 3 and 4, where (a) the offence is committed in whole or in part within its territory; or (b) the offender is one of its nationals. 2. Each Member State whose currency is the euro shall take the necessary measures to establish its jurisdiction over the offences referred to in Articles 3 and 4 committed outside its territory, at least where they relate to the euro and where (a) the offender is in the territory of that Member State and is not extradited; or (b) counterfeit euro notes or coins related to the offence have been detected in the territory of that Member State. For the prosecution of the offences referred to in point (a) of Article 3(1), Article 3(2) and (3), where they relate to point (a) of Article 3(1), as well as incitement, aiding and abetting, and attempt to commit those offences, each Member State shall take the necessary measures to ensure that its jurisdiction is not subordinated to the condition that the acts are a criminal offence at the place where they were committed. Article 9 Investigative tools Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 3 and 4. Article 10 Obligation to transmit counterfeit euro notes and coins for analysis and detection of counterfeits Member States shall ensure that during criminal proceedings the examination by the National Analysis Centre and Coin National Analysis Centre of suspected counterfeit euro notes and coins for analysis, identification and detection of further counterfeits is permitted without delay. The competent authorities shall transmit the necessary samples without any delay, and at the latest once a final decision concerning the criminal proceedings has been reached. Article 11 Statistics Member States shall, at least every two years, transmit data to the Commission on the number of offences laid down in Articles 3 and 4 and the number of persons prosecuted for and convicted of the offences laid down in Articles 3 and 4. Article 12 Reporting by the Commission and review By 23 May 2019, the Commission shall submit a report on the application of this Directive to the European Parliament and to the Council. The report shall assess the extent to which the Member States have taken the necessary measures to comply with this Directive. The report shall be accompanied, if necessary, by a legislative proposal. Article 13 Replacement of Framework Decision 2000/383/JHA Framework Decision 2000/383/JHA is hereby replaced in respect of the Member States bound by this Directive, without prejudice to the obligations of those Member States relating to the time-limit for transposition into national law of Framework Decision 2000/383/JHA. For the Member States bound by this Directive, references to Framework Decision 2000/383/JHA shall be construed as references to this Directive. Article 14 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 23 May 2016. They shall immediately inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. 2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive. Article 15 Entry into force This Directive shall enter into force on the day following its publication in the Official Journal of the European Union. Article 16 Addressees This Directive is addressed to the Member States in accordance with the Treaties. Done at Brussels, 15 May 2014. For the European Parliament The President M. SCHULZ For the Council The President D. KOURKOULAS (1) OJ C 179, 25.6.2013, p. 9. (2) OJ C 271, 19.9.2013, p. 42. (3) Position of the European Parliament of 16 April 2014 (not yet published in the Official Journal) and decision of the Council of 6 May 2014. (4) Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (OJ L 139, 11.5.1998, p. 1). (5) Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (OJ L 181, 4.7.2001, p. 6). (6) Council Regulation (EC) No 1339/2001 of 28 June 2001 extending the effects of Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting to those Member States which have not adopted the euro as their single currency (OJ L 181, 4.7.2001, p. 11). (7) No 2623, p. 372 League of Nations — Treaty Series 1931. (8) Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (OJ L 140, 14.6.2000, p. 1).

Summary: Criminal penalties for currency counterfeiting Criminal penalties for currency counterfeiting According to the European Central Bank, counterfeiting has resulted in financial damage of at least EUR 500 million to the European Union’s economy since the introduction of the currency in 2002. A new law has been adopted to protect the euro and other currencies against counterfeiting. ACT Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA SUMMARY The new European Union (EU) directive lays down minimum rules concerning the definition of criminal offences and sanctions in regard to currency counterfeiting. It introduces common rules to combat counterfeiting, to improve investigation and to ensure better cooperation between EU countries to combat counterfeiting. Offences EU countries have to introduce measures to ensure that any intentionally fraudulent making, receiving, obtaining or possession of instruments, articles or computer programmes, as well as security features (such as holograms or watermarks), is punishable. Intentional conduct should also be punishable in relation to unissued notes and coins designated for circulation as legal tender, as should incitement, aiding and abetting. Sanctions for individuals (natural persons) Sanctions introduced must be effective, proportionate and dissuasive and include imprisonment. The maximum term of imprisonment (5 or 8 years depending on the case) must apply at least to the most serious forms of counterfeiting offences. Although intentionally passing on counterfeitcurrency which has been received in good faith could be subject to penalties such as fines, provision should be made for imprisonment as a maximum sanction in EU countries’ national laws. Liability of and sanctions for legal entities EU countries must ensure that legal entities (e.g. companies and associations) can be held liable as an alternative to individuals (natural persons), and apply effective, proportionate and dissuasive sanctions on legal persons. The range of sanctions should be defined, to include exclusion from entitlement to public benefits or aid, temporary or permanent disqualification from the practice of commercial activities and placing under judicial supervision. Analysis and detection of counterfeit euro notes and coins EU countries must ensure that their national analysis centres and national coin analysis centres can test for euro counterfeits and be available in ongoing judicial proceedings for the purpose of detecting further counterfeits. Application Ireland has opted in to this directive. However, Denmark and the United Kingdom (1) are not bound by it. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Directive 2014/62/EU 22.5.2014 23.5.2016 OJ L 151 of 21.5.2014 last update 10.08.2014(1) The United Kingdom withdraws from the European Union and becomes a third country (non-EU country) as of 1 February 2020.