Date: 2019-01-21Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2019/75 of 20 December 2018 on the conclusion, on behalf of the Union, of the Agreement between the European Union and Antigua and Barbuda amending the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver
Executive Summary:
This Council Decision approves an agreement between the EU and Antigua and Barbuda, amending the existing short-stay visa waiver agreement. The amendment incorporates the definition of a short stay as a maximum of 90 days in any 180-day period to harmonise the Union's short-stay regime. The decision entered into force on 20 December 2018.
Key Points / Main Content:
* **Agreement Amendment:**
* The agreement between the European Union and Antigua and Barbuda amending the short-stay visa waiver agreement is approved.
* The amendment incorporates the updated definition of "short stay" to align with EU regulations.
* **Schengen Acquis:**
* The decision constitutes a development of the provisions of the Schengen acquis.
* The United Kingdom and Ireland do not participate in the adoption of this decision and are not bound by it.
* **Entry/Exit System (EES):**
* Regulation EU 2017/2226, establishing the Entry/Exit System (EES), entered into force on 29 December 2017.
* For the purpose of the agreement, Member States applying the Schengen acquis in full will mean Member States operating the Entry/Exit System at the external borders.
* The 90-day/180-day period will be calculated considering stays in all Member States operating the EES.
* **Council President Action:**
* The President of the Council is responsible for providing notification as outlined in Article 2 of the amending Agreement.
Impact Analysis:
European Union:
* Impact: The EU harmonises its short-stay visa policy with Antigua and Barbuda, aligning it with current regulations regarding the allowed duration of stay.
* Action Required: Ensure implementation of the amended agreement and the EES for relevant member states.
Antigua and Barbuda:
* Impact: Antigua and Barbuda aligns its visa waiver agreement with the EU's updated short-stay definition.
* Action Required: Implement the amended agreement.
Citizens of the European Union and Antigua and Barbuda:
* Impact: Citizens can continue to travel visa-free for short stays (up to 90 days in a 180-day period). The Entry/Exit System (EES) may affect entry procedures for travel to participating member states.
* Action Required: Be aware of the new definition of short stay and any potential changes in border control procedures due to the EES.
Council President:
* Impact: Responsible for the formal notification related to the amending agreement.
* Action Required: Provide the notification as per Article 2 of the amending agreement.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Antigua and Barbuda: An island country in the West Indies in the Americas, lying between the Caribbean Sea and the Atlantic Ocean.
Agreement between the European Union and Antigua and Barbuda amending the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver: An international agreement focused on visa-free travel for citizens of the Union and Antigua and Barbuda for short stays.
European Parliament: The parliamentary body of the European Union.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Council of the European Union: A body composed of government ministers from each EU member state to discuss, amend, and adopt laws.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union.
Schengen Agreement: A treaty that led to the creation of Europe's Schengen Area, in which internal border checks have largely been abolished.
21.1.2019 EN Official Journal of the European Union L 18/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION (EU) 2019/75
of 20 December 2018
on the conclusion, on behalf of the Union, of the Agreement between the European Union and
Antigua and Barbuda amending the Agreement between the European Community and Antigua
and Barbuda on the short-stay visa waiver
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in
conjunction with point (a)(v) of the second subparagraph of Article 218(6) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament (1),
Whereas:
(1) By its Decision 2009/896/EC (2), the Council concluded the Agreement between the European Community and
Antigua and Barbuda on the short-stay visa waiver (3) (the ‘Agreement’). The Agreement provides for visa-free
travel for the citizens of the Union and for the citizens of Antigua and Barbuda when travelling to the territory of
the other Contracting Party for a maximum period of three months during a six months period.
(2) Regulation (EU) No 610/2013 of the European Parliament and of the Council (4) introduced horizontal changes
in the Union's visa and border acquis and defined a short stay as a maximum of 90 days in any 180-day period.
(3) It is necessary to incorporate this new definition into the Agreement in order to fully harmonise the Union's
short-stay regime.
(4) The Commission has negotiated, on behalf of the Union, an agreement with Antigua and Barbuda which amends
the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver (the
‘amending Agreement’).
(5) In accordance with Council Decision (EU) 2017/2083 (5), the amending Agreement has been signed.
(1) Consent given on 23 October 2018.
(2) Council Decision 2009/896/EC of 30 November 2009 on the conclusion of the Agreement between the European Community and
Antigua and Barbuda on the short-stay visa waiver (OJ L 321, 8.12.2009, p. 38).
(3) OJ L 169, 30.6.2009, p. 3.
(4) 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).
(5) Council Decision (EU) 2017/2083 of 6 November 2017 on the signing, on behalf of the Union, of the Agreement between the European
Union and Antigua and Barbuda amending the Agreement between the European Community and Antigua and Barbuda on the
shortstay visa waiver (OJ L 297, 15.11.2017, p. 1).L 18/2 EN Official Journal of the European Union 21.1.2019
(6) This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom
does not take part, in accordance with Council Decision 2000/365/EC (6); the United Kingdom is therefore not
taking part in the adoption of this Decision and is not bound by it or subject to its application.
(7) This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take
part, in accordance with Council Decision 2002/192/EC (7); Ireland is therefore not taking part in the adoption
of this Decision and is not bound by it or subject to its application.
(8) The amending Agreement should be approved,
HAS ADOPTED THIS DECISION:
Article 1
The Agreement between the European Union and Antigua and Barbuda amending the Agreement between the European
Community and Antigua and Barbuda on the short-stay visa waiver is hereby approved on behalf of the Union.
The text of the amending Agreement is attached to this Decision.
Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 2 of the
amending Agreement (8).
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 20 December 2018.
For the Council
The President
E. KÖSTINGER
(6) Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to
take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).
(7) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen
acquis (OJ L 64, 7.3.2002, p. 20).
(8) The date of entry into force of the amending Agreement will be published in the Official Journal of the European Union by the General
Secretariat of the Council.21.1.2019 EN Official Journal of the European Union L 18/3
ANNEX
Declaration of the Union concerning the entry into force of Regulation (EU) 2017/2226
establishing the Entry/Exit System (EES) and the Member States applying the Schengen acquis in
full
Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an
Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the
external borders of the Member States and determining the conditions for access to the EES for law enforcement
purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008
and (EU) No 1077/2011 entered into force on 29 December 2017.
As a consequence, as from the date of application of Regulation (EU) 2017/2226 (1) for the purposes of this Agreement
Member States applying the Schengen acquis in full will mean Member States operating the Entry/Exit System at the
external borders. The maximum period of 90 days in any 180-day period will be calculated taking into account the
period of stay in all the Member States operating the Entry/Exit System at the external borders.
(1) The date of application will be decided by the Commission in accordance with Article 73 of Regulation (EU) 2017/2226.