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

Council Decision (EU) 2019/79 of 20 December 2018 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Seychelles amending the Agreement between the European Community and the Republic of Seychelles 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, on behalf of the European Union, the agreement with the Republic of Seychelles amending the 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, harmonizing the Union's short-stay regime. The decision entered into force on the date of its adoption, December 20, 2018. Key Points / Main Content: * **Agreement Amendment:** * The agreement between the EU and the Republic of Seychelles on the short-stay visa waiver is amended. * The amending Agreement text is attached to the Decision. * **Short-Stay Definition:** * Incorporates the definition of a short stay as a maximum of 90 days in any 180-day period. * **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 December 29, 2017. * For the purposes 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 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. * The date of application of Regulation EU 2017/2226 will be decided by the Commission. * **Council Actions:** * The President of the Council is to notify the Republic of Seychelles of the agreement's approval. * The General Secretariat of the Council will publish the entry into force date of the amending Agreement in the Official Journal of the European Union. Impact Analysis: European Union: * Impact: The EU is now party to an amended agreement with the Republic of Seychelles regarding short-stay visa waivers, aligning with EU regulations on short stays. * Action Required: The President of the Council must notify the Republic of Seychelles of the agreement's approval. Republic of Seychelles: * Impact: The Republic of Seychelles is now party to an amended agreement with the EU regarding short-stay visa waivers, aligning with EU regulations on short stays. * Action Required: Await notification from the President of the Council regarding the agreement's approval. Citizens of the European Union and the Republic of Seychelles: * Impact: Citizens can continue to travel visa-free for short stays, now defined as a maximum of 90 days in any 180-day period. The Entry/Exit System will be used to calculate the stay in Member States operating the system. * Action Required: Be aware of the new definition of short stay (90 days in any 180-day period) and factor in the Entry/Exit System for stays within participating Member States. European Commission: * Impact: Responsible for the initial proposal and negotiation of the agreement on behalf of the Union. * Action Required: Decide on the date of application of Regulation EU 2017/2226. Council General Secretariat: * Impact: Responsible for publishing the entry into force date. * Action Required: Publish the entry into force date of the amending Agreement in the Official Journal of the European Union.

Key Entities Referenced

European Union: A political and economic union of member states located primarily in Europe. Republic of Seychelles: An island country in the Indian Ocean. European Community: A former organization that was a predecessor to the European Union. Treaty on the Functioning of the European Union: One of the primary treaties upon which the European Union is founded. European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the day-to-day business of the EU. European Parliament: The parliamentary body of the European Union that shares legislative power with the Council of the European Union. Schengen acquis: A body of law which forms part of European Union law and which concerns the abolition of border controls between certain EU member states. United Kingdom of Great Britain and Northern Ireland: A country that was formerly a member state of the European Union.
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21.1.2019 EN Official Journal of the European Union L 18/29 COUNCIL DECISION (EU) 2019/79 of 20 December 2018 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Seychelles amending the Agreement between the European Community and the Republic of Seychelles 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 2009/900/EC (2), the Council concluded the Agreement between the European Community and the Republic of Seychelles 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 Seychelles 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 Seychelles which amends the Agreement between the European Community and the Republic of Seychelles on the short-stay visa waiver (the amending ‘Agreement’). (5) In accordance with Council Decision (EU) 2017/2088 (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 2009/900/EC of 30 November 2009 on the conclusion of the Agreement between the European Community and the Republic of Seychelles on the short-stay visa waiver (OJ L 321, 8.12.2009, p. 42). (3) OJ L 169, 30.6.2009, p. 31. (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) 2017/2088 of 6 November 2017 on the signing, on behalf of the Union, of the Agreement between the European Union and the Republic of Seychelles amending the Agreement between the European Community and the Republic of Seychelles on the short-stay visa waiver (OJ L 297, 15.11.2017, p. 11). (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 18/30 EN Official Journal of the European Union 21.1.2019 HAS ADOPTED THIS DECISION: Article 1 The Agreement between the European Union and the Republic of Seychelles amending the Agreement between the European Community and the Republic of Seychelles 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 18/31 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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