111153/EU XXV. GP Eingelangt Am 11/07/16
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111153/EU XXV. GP Eingelangt am 11/07/16 Council of the European Union Brussels, 11 July 2016 (OR. en, fr) 11090/16 VISA 235 COMIX 516 NOTE From: General Secretariat of the Council To: Delegations Subject: Local Schengen cooperation between Member States' consulates (Article 48(5), first paragraph, of the Visa Code) - Compilation of annual reports covering the period 2015-2016 Delegations will find attached the annual reports drawn up in the local Schengen cooperation, as transmitted by the services of the Commission. Encl.: 11090/16 PR/mlm DG D 1 A EN/FR www.parlament.gv.at LOCAL SCHENGEN COOPERATION ANNUAL REPORTS - 2015-2016 AFGHANISTAN* ALBANIA ALGERIA* ANGOLA ARGENTINA ARMENIA* AUSTRALIA AZERBAIJAN* BANGLADESH* BELARUS* BENIN* BOLIVIA* BOSNIA AND HERZEGOVINA BRAZIL CAMBODIA* CAMEROON* CHINA* COLOMBIA CONGO – BRAZZAVILLE* COSTA RICA DJIBOUTI* ECUADOR* EGYPT* ERITREA* ETHIOPIA* FORMER YUGOSLAV REPUBLIC OF MACEDONIA* GEORGIA* GHANA* GUINEA BISSAU* GUINEA CONAKRY* HONG KONG AND MACAU INDIA* IRAQ* ISRAEL JORDAN* KAZAKHSTAN* KENYA* KOSOVO* LEBANON* MADAGASCAR* MAURITANIA* MEXICO MONTENEGRO MORROCO* MOZAMBIQUE* NIGERIA* 11090/16 PR/mlm 1 DG D 1 A EN/FR www.parlament.gv.at PERU* PHILIPPINES* RUSSIAN FEDERATION* SENEGAL* SERBIA SOUTH AFRICA* TAIWAN TANZANIA* THAILAND* TURKEY* UKRAINE* UNITED KINGDOM UNITED STATES OF AMERICA UZBEKISTAN* VENEZUELA WEST BANK AND GAZA STRIP* ZAMBIA* *= third state whose nationals are subject to the visa requirement. 11090/16 PR/mlm 2 DG D 1 A EN/FR www.parlament.gv.at EUROPEAN UNION DELEGATION TO AFGHANISTAN and OFFICE OF THE EU SPECIAL REPRESENTATIVE Local Schengen Coordination 2016 LOCAL SCHENGEN COOPERATION (LSC) IN AFGHANISTAN 2015-2016 REPORT1 1. Introduction The number of fully fledged consular services has remained at 4 (DE, FR, IT & ES). Some of the other 8 MS may issue locally visas for diplomatic or service passports. As of January 1, 2015 the Czech Republic opened its visa section (limited to diplomatic and service passport). The Czech Republic represents Slovakia and Hungary in the same extent. The use of an external service provider for the collection of applications remains a very delicate issue as the local circumstances do not yet provide enough assurance in terms of the validity of the requested documents. 2. LSC meetings held in 2015-2016 In the reporting period 5 regular meetings were held, their attendance varies, but in general 8 out of 12 Member States are present. The consular part was chaired by the UK representative, the Schengen part by the EU Delegation (since September at DHoD level). On two occasions the attendance of the meeting had been enlarged to other main players (like minded countries Switzerland, Norway, Canada, US, Japan, Australia) mainly to discuss the issue of forced returnees. One meeting was partially related to the draft of a HoMs report on migration finalised in November 2016. This report had been presented by the EU Delegation and discussed by political counsellors and Heads of mission. MS draw up own reports and share with their capitals. 3. State of play 3.1 Application of the Visa Code MS and EUD are fully prepared to ensure the tasks to be carried out in LSC under the Visa Code. There are no specific problems relating to the implementation of the Visa Code. 3.2 Assessment of the need to harmonise the lists of supporting documents The COM Decision on the list of documents to be presented in Afghanistan of October 2016 is too recent for an assessment. At this stage there is no need to amend the existing list. 3.3 Exchange of information The LSC includes exchange of information on monthly statistics, occasionally cases of fraud, cases of defections of local embassy staff while on mission in Europe, as well as preventive measures to avoid defections. Cases of fraud are discussed to avoid any recurrence. 1 April 2015 – March 2016 11090/16 PR/mlm 3 DG D 1 A EN/FR www.parlament.gv.at 3.4 Any other initiative taken in LSC The Schengen consular group has regularly touched upon the issue of MS' Memorandum of Understanding and problems encountered with their application. 4. Challenges The accuracy of the requested supporting documents remains a concern. Taking into account the volatile political, economic and security environment it will remain very demanding and time-consuming to analyse and take the right decision on the numerous visa applications. The refusal rate is expected to remain high. The report has been shared with MS and comments have been incorporated. 11090/16 PR/mlm 4 DG D 1 A EN/FR www.parlament.gv.at EUROPEAN UNION – BASHKIMI EVROPIAN DELEGATION TO ALBANIA DELEGACIONI NE SHQIPERI Political, Economic and Information Section 04/05/2015 LOCAL SCHENGEN COOPERATION (LSC) in Tirana 2015-2016 REPORT 1. Introduction In addition to the EU Delegation to the Republic of Albania, there are 18 EU Member States with diplomatic representation in Tirana/Albania. Moreover, Italy has two General Consulates in Vlora and Shkodra and one Honorary Consulate in Gjrokastra while Greece has two General Consulates in Gjirokastra and Korca. Austria and Romana have each one Honorary Consulate, respectively in Shkodra and Korca. Since the entry into force of the Visa Code in September 2009 (Art. 48) the EUD is in charge of the coordination of meetings of the Local Schengen Cooperation which usually take place every six months. Visa Liberalisation for AL nationals is in force since December 2010. Switzerland and Malta are represented by the Austrian Embassy for Schengen C type visas. Hungary represents Estonia, Latvia and Slovakia in C type visas. Denmark is representing Island, Norway and Sweden for Schengen C type visas and France is representing Portugal for Schengen C type visas. 2. LSC meetings held in 2014-2015 During the reporting period two LSC meetings took place (29 September 2015 and 18 February 2016) mainly focusing on the dramatic increase of Albanian asylum seekers in EU Member States and particularly in Germany during 2015. They were well attended by EU Member States and chaired by the EU Delegation. In addition LSC meetings were held on ad-hoc basis, to debrief EU Member States / Schengen Associated Countries (SAC) about the visits of Commissioner for Migration and Home Affairs, Dimitris Avramopoulos on 17-18 March and Andrew Rasbash (DG NEAR) on 15 March. Both visits were conducted in the light of the refugee/migration crisis and its possible impact on Albania but also referred to Post Visa Liberalization Monitoring Mechanism (PVLMM). On 9 March the EUD invited to a meeting with colleagues from United Kingdom, USA, Canada, Australia and New Zealand to discuss migration, asylum and security matters. 3. State of play 3.1 Application of the Visa Code On 25 September 2014 the Visa Information System (VIS) for Schengen short-stay visas became operational in all Schengen States' consulates present in the Western Balkans (Albania, Bosnia and 11090/16 PR/mlm 5 DG D 1 A EN/FR www.parlament.gv.at Herzegovina, former Yugoslav Republic of Macedonia, Kosovo1, Montenegro and Serbia) and Turkey. EU MS did not report any particular problems related to the application of VIS in particular or the Visa Code in general. 3.2 Assessment of the need to harmonise the lists of supporting documents The harmonisation of the list of supporting documents was completed before Visa Liberalisation entered into force. 3.3 Exchange of information The level of exchange of information within the LSC was good. Overall, MS shared information on problems related to the rise of asylum seekers and unaccompanied minors to some EU Member States. Bilateral exchange of information also took place. 3.4 Any other initiative taken in LSC A peer review mission on irregular migration, third country nationals seeking asylum in Albania and the “Post Visa Liberalisation Monitoring Mechanism” (PVLMM) took place from 1-5 June 2015. Two independent experts from EU Member States looked into the matter of unfounded asylum requests from Albanian citizens in EU Member States as well as irregular migrants and asylum seekers coming to Albania. EUD shared the written summary of the reports with the EU Member States missions in Albania. 4. Challenges The period 2014-2016 continued to mark a considerably high number of unaccompanied minors (UAM) in EU Member States/SAC whereas the number of Albanian asylum-seekers in EU Member States and in particular in Germany reached dramatic numbers in July, August and September 2015. Regarding the period 2016-2017 the number of asylum applications from Albanian nationals in EU Member States is expected to reduce, mainly due to countermeasures introduced by the most affected EU Member States (in particular Germany). AL should engage in more determined actions in the framework of the PVLMM to address the high number of manifestly unfounded asylum applications of Albanian nationals abroad while respecting human rights principles. 5. Other issues Beside PVLMM primarily the refugee/migration crisis and its effects on the Western Balkans was in the focus at LSC discussions. UNHCR was invited at the LSC meeting on 18 February to debrief 1 This designation is without prejudice to positions on status, and is in line with UNSCR 1244/99 and the ICJ Opinion on the Kosovo declaration of independence. 11090/16 PR/mlm 6 DG D 1 A EN/FR www.parlament.gv.at EU Member States/SAC on recent developments in Greece, former Yugoslav Republic of Macedonia and Serbia and on Albania's preparedness towards a possible mass-influx of refugees/migrants. 11090/16 PR/mlm 7 DG D 1 A EN/FR www.parlament.gv.at UNION EUROPEENNE DELEGATION EN ALGERIE COOPERATION LOCALE AU TITRE DE SCHENGEN ENTRE LES CONSULATS ET LES ETATS-MEMBRES (LSC) EN ALGERIE RAPPORT1 2015-2016 1. Introduction 18 Etats membres de l'espace Schengen ont une présence diplomatique/ consulaire en Algérie: AT, BE, CH, CZ, DE, EL, ES, FI, FR, HU, IT, MT, NL, NO, PL, PT, SE, MT.