Questions and Answers - Proposal for the suspension of the EU-Russia Visa Facilitation Agreement

Source: European Commission (EC) i, published on Tuesday, September 6 2022.

Why is the Commission proposing to suspend the Visa Facilitation Agreement in full?

The EU has concluded Visa Facilitation Agreements only with a limited number of non-EU countries. These Agreements are based on mutual trust and respect of common values between the EU and the given country. A country like Russia, waging a war of aggression, should not qualify for a Visa Facilitation Agreement as long as it continues conducting a destructive foreign policy and military aggression towards Ukraine, demonstrating a complete disregard to the international rules-based order.

Since the beginning of the Russian aggression against Ukraine, the situation has worsened, with tragic humanitarian consequences for civilians and widespread destruction of key infrastructure. Russia has further illegally expanded its full or partial occupation in the eastern and southern regions of Ukraine.

Russia's actions are incompatible with a trustful relationship between the EU and Russia.

Do you need Russia's agreement to suspend the visa facilitation?

Each party may suspend the Visa Facilitation Agreement in whole or in part for reasons of public order, national security or protection of public health. All these criteria have been put at risk by Russia's invasion of Ukraine and the latest developments in the war zone.

The flagrant disregard of the international rules-based order is a major risk to public order. Russia's military aggression and its consequences underpin the development of organised crime and the circulation of illegal weapons, and threaten the Union's security interests and the national security of the Member States. The increased risks linked to the use of the Zaporizhzhia nuclear plant as a military facility by the Russian Federation poses a major threat to public health.

What was the purpose of the EU-Russia Visa Facilitation Agreement?

The Agreement facilitates the issuance of visas to the citizens of the European Union and of Russia. It covers short stays of no more than 90 days in any 180-day period. Under the Agreement, the visa fee is generally reduced from €80 to €35 and is waived for certain categories of travellers. The deadline for consulates to take a decision on a visa application is shortened from 15 to 10 days, the documentary evidence to be submitted is less burdensome, and the issuance of multiple-entry visas is made easier. The Agreement entered into force in June 2007.

Who will be affected by this suspension and what will it mean in practice for Russian citizens applying for a Schengen visa?

The suspension will affect all citizens of the Russian Federation. Once the visa facilitations cease to apply, the general rules of the Visa Code will apply by default to visa applicants holding Russian citizenship.

This means that:

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    The visa fee will increase from €35 to €80 for all applicants.
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    The standard deadline for consulates to take a decision on visa applications will increase from 10 to 15 days. This period may be extended up to a maximum of 45 days in individual cases, when further scrutiny of the application is needed.
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    Applicants will no longer enjoy easy access to visas valid for multiple entries to the Schengen area. Multiple-entry visas will be issued based on the less generous rules of the Visa Code.
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    Applicants will have to submit the full list of documentary evidence when applying for a visa. They will no longer benefit from the simplified list included in the Visa Facilitation Agreement.

Visa applications will continue being processed on an individual basis, based on a case-by-case assessment.

Member States will continue having a number of possibilities to cater for humanitarian cases, and the suspension of the Visa Facilitation Agreement is without prejudice to the provisions of the Visa Code regarding humanitarian cases. Under the Visa Code, Member States can for instance decide to reduce or waive the visa fee for humanitarian reasons.

How many Russian citizens currently hold a valid visa to the Schengen area?

Currently, just under 1 million Russian citizens hold valid visas to the Schengen area.

The Visa Information System, the EU's IT system for visa applications, holds information on around 14 million visas issued to Russian citizens, but around 13 million of those are no longer valid. This information is kept in the Visa Information System to check the applicant history in the context of applications.

How many Russian citizens entered the EU this year?

In the period January to July 2022, the EU has recorded just over 1.3 million entries of Russian nationals at its external borders. This figure covers each single entry, meaning that the same person might be counted several times if they commute across the border several times. It for instance includes people with multi-entry visas who are able to enter and exit the EU several times with the same visa.

How long will the suspension remain in force?

Once adopted by the Council, the suspension of the Visa Facilitation Agreement will enter in force. It should be lifted once the EU considers that the reasons for the suspension cease to exist.

Non-recognition of Russian passports issued in occupied regions of Ukraine

Why is the Commission proposing the non-recognition of Russian passports from occupied areas of Ukraine?

Since the illegal annexation of the Crimean peninsula, Russia has issued passports to residents of Crimea and is currently extending this practice to other non-government-controlled areas of Ukraine. The systematic issuance of Russian passports in these occupied regions constitutes a grave infringement of international law and Ukraine's territorial integrity, sovereignty and independence.

In this context and to strengthen our common visa policy and Schengen area, the Commission is proposing to not recognise Russian passports issued in occupied foreign regions for the purpose of issuing a visa and crossing the EU's external borders. The proposal constitutes a further response to the Russian military aggression against Ukraine and the Russian practice of handing out passports in occupied foreign regions.

How will you identify the passports concerned?

The Commission will establish a list of Russian travel documents issued in the occupied foreign regions that should not be recognised for the purposes of entry into the Schengen area.

The Commission will work closely with EU delegations, Member States and their respective consulates to identify all relevant travel documents. This list will be made publicly available and regularly updated after the Council adopt the proposal.

How are Member States handling such passports at the moment?

Currently, almost all Member States have notified the Commission of their non-recognition of Russian passports issued in the occupied foreign regions. Today's proposal ensures a coordinated, consistent approach and provides legal certainty.

What will this mean in practice for people owning this type of documents?

Persons with a Russian passport issued in the occupied foreign regions will not be able to apply for a Schengen visa or enter the Schengen area, except in individual and exceptional cases. The legal act will ensure a coordinated approach and bring legal certainty on the issue.

Will this measure penalise ordinary Ukrainians living in Russian-occupied territories? What about persons fleeing the war or family member of EU citizens?

No, this measure will not penalise ordinary Ukrainians living in Russian-occupied territories.

Border authorities and consulates have a wide margin of appreciation when it comes to visa issuance and allowing persons to enter the EU even if all conditions are not met, including if the person does not have a valid passport. National border authorities must have regard for humanitarian grounds, reasons of national interest as well as international obligations. Equally, the best interests of the child and the principle of ‘non-refoulement' must always be respected.

Not having a valid passport does not affect a person's right to asylum or to temporary protection.

This means that Ukrainians living in the occupied regions who only have a passport issued by the Russian authorities may be allowed to enter the EU in certain situations.

Family members of Union citizens will be able to enter without a valid passport, if they can otherwise prove their family relationship to an EU citizen.

For More Information

Press release: Commission proposes full suspension of Visa Facilitation Agreement with Russia

Proposal for a Council Decision on the suspension of the application of the EU-Russia Visa Facilitation Agreement

Proposal for a Decision of the European Parliament and of the Council on the non-recognition of Russian travel documents issued in occupied foreign regions

EU-Russia Visa Facilitation Agreement