Date: 2019-01-21Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2019/76 of 20 December 2018 on the conclusion, on behalf of the Union, of the Agreement between the European Union and Barbados amending the Agreement between the European Community and Barbados on the short-stay visa waiver
Executive Summary:
This Council Decision approves an agreement between the European Union and Barbados amending a prior agreement on short-stay visa waivers. The amendment incorporates the definition of a short stay as a maximum of 90 days in any 180-day period, aligning with EU regulations. The decision entered into force on December 20, 2018. The President of the Council will notify the agreement as per Article 2.
Key Points / Main Content:
* **Purpose:** To approve the amending Agreement between the EU and Barbados regarding short-stay visa waivers.
* **Amendment Focus:** Incorporates the standard definition of a "short stay" as a maximum of 90 days within any 180-day period, harmonizing with EU regulations.
* **Schengen Acquis:**
* The United Kingdom and Ireland are not participating in the adoption of this decision and are not bound by it or subject to its application.
* Member States applying the Schengen acquis in full will mean Member States operating the Entry/Exit System (EES) at the external borders, and the maximum stay period will be calculated accordingly.
* **Action:** The President of the Council is responsible for providing notification as specified in Article 2 of the amending Agreement.
Impact Analysis:
* **European Union:**
* Impact: The EU ensures consistent application of its short-stay visa waiver policy and strengthens its relationship with Barbados.
* Action Required: The Council President must provide the notification as per the agreement.
* **Barbados:**
* Impact: Barbados maintains visa-free travel arrangements with the EU for short stays, subject to the updated definition.
* Action Required: None explicitly stated.
* **Citizens of the European Union and Barbados:**
* Impact: Citizens can continue to travel visa-free for short stays (up to 90 days in any 180-day period) between the EU and Barbados.
* Action Required: Be aware of the updated definition of "short stay" and ensure compliance with the 90/180-day rule.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Barbados: An island country in the Lesser Antilles region of the West Indies in the Caribbean.
European Parliament: The parliamentary body of the European Union that shares legislative and budgetary powers with the Council of the European Union.
Council of the European Union: A body composed of government ministers from each EU member state that negotiates and adopts laws and coordinates EU policies.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day affairs.
Schengen acquis: A body of law which comprises the agreement and supplementary regulations. It allows for the free movement of people without border controls between the member states of the Schengen Area.
United Kingdom of Great Britain and Northern Ireland: A country that was formerly part of the European Union.
Ireland: A country that is a member of the European Union.
L 18/8 EN Official Journal of the European Union 21.1.2019
COUNCIL DECISION (EU) 2019/76
of 20 December 2018
on the conclusion, on behalf of the Union, of the Agreement between the European Union
and Barbados amending the Agreement between the European Community and Barbados 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 2009/898/EC (2), the Council concluded the Agreement between the European Community and
Barbados 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 Barbados 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 Barbados which amends the
Agreement between the European Community and Barbados on the short-stay visa waiver (the ‘amending
Agreement’).
(5) In accordance with Council Decision (EU) 2017/2084 (5), the amending Agreement has been signed.
(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 Barbados amending the Agreement between the European
Community and Barbados on the short-stay visa waiver is hereby approved on behalf of the Union.
(1) Consent given on 23 October 2018.
(2) Council Decision 2009/898/EC of 30 November 2009 on the conclusion of the Agreement between the European Community and
Barbados on the short-stay visa waiver (OJ L 321, 8.12.2009, p. 40).
(3) OJ L 169, 30.6.2009, p. 10.
(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) 2017/2084 of 6 November 2017 on the signing, on behalf of the Union, of the Agreement between the European
Union and Barbados amending the Agreement between the European Community and Barbados on the short-stay visa waiver (OJ L 297,
15.11.2017, p. 3).
(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).21.1.2019 EN Official Journal of the European Union L 18/9
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
(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.L 18/10 EN Official Journal of the European Union 21.1.2019
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.