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Date: 2019-01-21 Category: Not Applicable State: Union Government Country: Europe

Council Decision (EU) 2019/78 of 20 December 2018 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Mauritius amending the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver

Issued by Council of the European Union · Not Applicable

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Executive Summary & Key Takeaways

Executive Summary: This Council Decision approves the agreement between the EU and the Republic of Mauritius amending the short-stay visa waiver agreement. The amendment incorporates the updated definition of a short stay as a maximum of 90 days in any 180-day period. The decision entered into force on the date of its adoption, 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 Republic of Mauritius regarding the short-stay visa waiver. * **Short-Stay Definition:** Incorporates the definition of a short stay as a maximum of 90 days in any 180-day period, aligning 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 this decision and are not bound by it. * **Entry/Exit System (EES):** * Refers to Regulation EU 2017/2226 establishing the Entry/Exit System (EES). * The 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. * Member States applying the Schengen acquis in full will mean Member States operating the Entry/Exit System at the external borders for the purposes of this Agreement. Impact Analysis: Stakeholders: * European Union: * Impact: Formalizes the updated short-stay definition in its agreement with Mauritius, ensuring harmonization with EU law. * Action Required: The President of the Council must provide notification as per Article 2 of the amending Agreement. The General Secretariat of the Council will publish the date of entry into force of the amending Agreement in the Official Journal of the European Union. * Republic of Mauritius: * Impact: Aligns its visa waiver agreement with the EU's updated short-stay definition. * Action Required: Ensure compliance with the new definition of short stay. * Citizens of the Union and the Republic of Mauritius: * Impact: Visa-free travel for a maximum period of 90 days during a 180-day period when travelling to the territory of the other Contracting Party. * Action Required: Be aware of the updated definition of short stay. * Member States applying the Schengen acquis in full: * Impact: 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. * Action Required: Operate the Entry/Exit System at the external borders.

Key Entities Referenced

European Union: A political and economic union of member states located primarily in Europe. Republic of Mauritius: An island nation in the Indian Ocean, that has an agreement with the European Union regarding short-stay visa waivers. 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 power with the Council of the European Union. Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver: An agreement that provides for visa-free travel for citizens of the Union and the Republic of Mauritius for a maximum period of three months during a six-month period. Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, defining the scope of the EU's powers. Schengen acquis: A body of law that forms part of European Union law, concerning the abolition of border controls. Regulation EU 2017/2226: Regulation of the European Parliament and of the Council 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.
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L 18/22 EN Official Journal of the European Union 21.1.2019 COUNCIL DECISION (EU) 2019/78 of 20 December 2018 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Mauritius amending the Agreement between the European Community and the Republic of Mauritius 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 2009/899/EC (2), the Council concluded the Agreement between the European Community and the Republic of Mauritius 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 Republic of Mauritius 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 Republic of Mauritius which amends the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver (the ‘amending Agreement’). (5) In accordance with Council Decision (EU) 2017/2087 (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 2009/899/EC of 30 November 2009 on the conclusion of the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver (OJ L 321, 8.12.2009, p. 41). (3) OJ L 169, 30.6.2009, p. 17. (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) 2017/2087 of 6 November 2017 on the signing, on behalf of the Union, of the Agreement between the European Union and the Republic of Mauritius amending the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver (OJ L 297, 15.11.2017, p. 9). (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 18/23 HAS ADOPTED THIS DECISION: Article 1 The Agreement between the European Union and the Republic of Mauritius amending the Agreement between the European Community and the Republic of Mauritius 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.L 18/24 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.

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