Date: 2019-01-21Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2019/80 of 20 December 2018 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Federation of St Kitts and Nevis amending the Agreement between the European Community and the Federation of Saint Kitts and Nevis on the short-stay visa waiver
Executive Summary:
This Council Decision approves, on behalf of the European Union, the Agreement between the EU and the Federation of Saint Kitts and Nevis 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 to harmonize the Union's short-stay regime. The decision enters into force on the date of its adoption, December 20, 2018.
Key Points / Main Content:
* **Agreement Amendment:**
* The agreement between the European Community and the Federation of Saint Kitts and Nevis on the short-stay visa waiver is amended.
* The amending agreement is approved on behalf of the Union.
* **Short-Stay Definition:**
* A short stay is defined as a maximum of 90 days in any 180-day period.
* This new definition is incorporated into the agreement to harmonize the Union's short-stay regime.
* **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.
* **Notification and Publication:**
* The President of the Council will notify the amending Agreement.
* The date of entry into force of the amending Agreement will be published in the Official Journal of the European Union.
Impact Analysis:
**European Union:**
* *Impact:* The EU ensures consistent application of its visa policies and harmonizes its short-stay regime with the Federation of Saint Kitts and Nevis.
* *Action Required:* The President of the Council must provide notification of the amending Agreement.
**Federation of Saint Kitts and Nevis:**
* *Impact:* Citizens benefit from a clear and harmonized short-stay visa waiver agreement with the EU.
* *Action Required:* No specific action required, but should be aware of the updated short-stay definition.
**Member States applying the Schengen acquis in full:**
* *Impact:* Need to operate the Entry/Exit System (EES) at the external borders.
* *Action Required:* Calculate the 90 days in any 180-day period taking into account the period of stay in all the Member States operating the Entry/Exit System at the external borders.
**Citizens of the Union and the Federation of Saint Kitts and Nevis:**
* *Impact:* Benefit from visa-free travel for a maximum period of 90 days in any 180-day period.
* *Action Required:* Be aware of the updated short-stay definition of a maximum of 90 days in any 180-day period.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Federation of Saint Kitts and Nevis: A dual-island nation in the West Indies, the subject of the visa waiver agreement.
European Commission: An institution 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.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union.
Schengen acquis: The body of law which forms the basis of the Schengen Area, a zone without internal border controls between certain European countries.
United Kingdom: A country that is part of the European continent.
Entry/Exit System (EES): An automated system for registering entry and exit data of third-country nationals crossing the external borders of the Member States of the European Union.
L 18/36 EN Official Journal of the European Union 21.1.2019
COUNCIL DECISION (EU) 2019/80
of 20 December 2018
on the conclusion, on behalf of the Union, of the Agreement between the European Union and the
Federation of St Kitts and Nevis amending the Agreement between the European Community and
the Federation of Saint Kitts and Nevis 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 2009/901/EC (2), the Council concluded the Agreement between the European Community and
the Federation of Saint Kitts and Nevis 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 Federation of Saint Kitts and
Nevis 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 Federation of Saint Kitts and
Nevis which amends the Agreement between the European Community and the Federation of Saint Kitts and
Nevis on the short-stay visa waiver (the ‘amending Agreement’).
(5) In accordance with Council Decision (EU) 2017/2086 (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 2009/901/EC of 30 November 2009 on the conclusion of the Agreement between the European Community and the
Federation of Saint Kitts and Nevis on the short-stay visa waiver (OJ L 321, 8.12.2009, p. 43).
(3) OJ L 169, 30.6.2009, p. 38.
(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) 2017/2086 of 6 November 2017 on the signing, on behalf of the Union, of the Agreement between the European
Union and the Federation of Saint Kitts and Nevis amending the Agreement between the European Community and the Federation of
Saint Kitts and Nevis on the short-stay visa waiver (OJ L 297, 15.11.2017, p. 7).
(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 18/37
HAS ADOPTED THIS DECISION:
Article 1
The Agreement between the European Union and the Federation of Saint Kitts and Nevis amending the Agreement
between the European Community and the Federation of Saint Kitts and Nevis 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 18/38 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.