Date: 2019-01-21Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2019/77 of 20 December 2018 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Commonwealth of the Bahamas amending the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver
Executive Summary:
This Council Decision approves an agreement between the EU and the Commonwealth of the Bahamas, amending a previous agreement on short-stay visa waivers. The amendment incorporates a revised definition of "short stay" to align with EU regulations, setting it as a maximum of 90 days in any 180-day period. The decision entered into force on December 20, 2018. The President of the Council is responsible for providing notification as per Article 2 of the amending Agreement.
Key Points / Main Content:
* **Agreement Amendment:** Approves the amending Agreement between the EU and the Commonwealth of the Bahamas regarding short-stay visa waivers.
* **Short-Stay Definition:** Incorporates the definition of a short stay as a maximum of 90 days in any 180-day period, harmonizing with EU regulations.
* **Schengen Acquis:**
* The United Kingdom and Ireland do not participate in this decision.
* **Entry/Exit System (EES):**
* Regulation EU 2017/2226, establishing the Entry/Exit System (EES), is referenced.
* 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 90-day limit will be calculated considering stays in all Member States operating the EES.
* **Council Actions:**
* The President of the Council is responsible for providing notification as per Article 2 of the amending Agreement.
* 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.
Impact Analysis:
* **European Union:**
* *Impact:* The EU's short-stay visa policy is harmonized with the Commonwealth of the Bahamas, ensuring consistent application of the 90/180-day rule.
* *Action Required:* Ensure consistent application of the updated short-stay definition.
* **Commonwealth of the Bahamas:**
* *Impact:* Citizens of the Bahamas benefit from a clear and harmonized visa waiver agreement with the EU.
* *Action Required:* Acknowledge and adhere to the updated short-stay definition.
* **EU Member States:**
* *Impact:* Member states implementing the Entry/Exit System (EES) will be the reference for the calculation of the maximum period of stay.
* *Action Required:* Implement the Entry/Exit System (EES) to register entry and exit data, and ensure that the 90-day limit is calculated considering stays in all the Member States operating the EES.
* **Citizens of the EU and the Commonwealth of the Bahamas:**
* *Impact:* Citizens can travel visa-free for short stays, with a clear understanding of the duration allowed.
* *Action Required:* Be aware of the 90/180-day rule for short stays in the EU and the Bahamas.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Commonwealth of the Bahamas: An island country within the Lucayan Archipelago of the West Indies.
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.
European Parliament: The parliamentary body of the European Union that shares legislative and budgetary authority with the Council of the European Union.
Treaty on the Functioning of the European Union: One of the primary treaties upon which the European Union is founded.
Schengen acquis: A body of law which comprises a significant part of EU law. It concerns the abolition of border controls with in the Schengen Area.
United Kingdom: A sovereign country in north-western Europe, that is not taking part in the adoption of this decision and is not bound by it.
Ireland: A country in Northwest Europe, that is not taking part in the adoption of this decision and is not bound by it.
21.1.2019 EN Official Journal of the European Union L 18/15
COUNCIL DECISION (EU) 2019/77
of 20 December 2018
on the conclusion, on behalf of the Union, of the Agreement between the European Union and the
Commonwealth of the Bahamas amending the Agreement between the European Community and
the Commonwealth of the Bahamas 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 2009/897/EC (2), the Council concluded the Agreement between the European Community and
the Commonwealth of the Bahamas 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 the Commonwealth of the Bahamas 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 the Commonwealth of the Bahamas
which amends the Agreement between the European Community and the Commonwealth of the Bahamas on the
short-stay visa waiver (the ‘amending Agreement’).
(5) In accordance with Council Decision (EU) 2017/2085 (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,
(1) Consent given on 23 October 2018.
(2) Council Decision 2009/897/EC of 30 November 2009 on the conclusion of the Agreement between the European Community and the
Commonwealth of the Bahamas on the short-stay visa waiver (OJ L 321, 8.12.2009, p. 39).
(3) OJ L 169, 30.6.2009, p. 24.
(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) 2017/2085 of 6 November 2017 on the signing, on behalf of the Union, of the Agreement between the European
Union and the Commonwealth of the Bahamas amending the Agreement between the European Community and the Commonwealth of
the Bahamas on the short-stay visa waiver (OJ L 297, 15.11.2017, p. 5).
(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).L 18/16 EN Official Journal of the European Union 21.1.2019
HAS ADOPTED THIS DECISION:
Article 1
The Agreement between the European Union and the Commonwealth of the Bahamas amending the Agreement
between the European community and the Commonwealth of the Bahamas 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
(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 18/17
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.