New EU rules on short-stay visas apply worldwide from 2 February 2020. They make it easier for legitimate travellers to apply for a visa to come to Europe, facilitating tourism, trade and business, while providing more resources for countering irregular migration risks and threats to internal security.
Which non-EU countries do the new rules apply to?
The changes apply to travellers from all countries which need visas to travel to the EU. Currently, citizens from 105 non-EU countries or entities are required to have a visa (full list available online). Nothing changes for countries benefitting from visa-free travel to the EU because the new rules do not apply to their citizens.
Which destination countries are covered by the update?
The rules cover short-stay visas for the 22 EU countries that are part of the Schengen area (Austria, Belgium, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain and Sweden), as well as for four associated countries: Iceland, Liechtenstein, Norway and Switzerland.A uniform short-stay visa issued by one of these countries covers travel throughout the 26 Schengen countries for up to 90 days in any 180-day period.
Why change the EU visa rules now?
The European Parliament and the Council agreed the changes in June 2019.
The tourism and travel industry plays a key role in the European economy. EU Member States are among the world’s leading tourist destinations – the number of visa applications processed has increased considerably over the last 9 years and continues to expand. Since 2009, the number of applications for EU visas has risen by 57% – from 10.2 million to over 16 million in 2018. At the same time, visa application procedures have not changed since 2010 and there was a need to make them less cumbersome, while maintaining the same level of security and control.
Visa fees have not been adapted since 2006 and a €60 fee no longer covers the costs of processing applications, in particular due to inflation.
Finally, by creating a link between visa procedures and cooperation on readmission, the revision gives the EU new tools for a dialogue with partner countries about migration. This possibility is part of the EU’s ongoing efforts in favour of a comprehensive and effective migration policy.
What are the main benefits for travellers?
With the new rules, travellers now benefit from a simpler and more user-friendly visa application procedure:
Visa applications can be submitted up to 6 months before the intended travel (9 months for seafarers), instead of 3 months previously, allowing travellers to better plan their trips;
Multiple-entry visas with long validity (from 1 to 5 years) are now easier to obtain, saving frequent travellers time and money, as they will have to apply for a new visa less often;
In most cases, an application can be submitted directly in the traveller’s country of residence, and where possible filled in and signed electronically (only hard copies were accepted until now), which will also save travellers time, money and hassle.
What are the new rules for issuing multiple-entry visas?
Frequent travellers with a positive visa history are to be granted multiple-entry visa with a gradually increasing validity period from 1 year to a maximum of 5 years.
Travellers’ fulfilment of entry conditions will be thoroughly and repeatedly verified in all cases, and only persons with a positive visa track record will be issued multiple-entry visas with a long validity.
Multiple-entry visas allow the holder to travel repeatedly to the EU during the period of validity of the visa.
How long will it take for the visa application to be processed?
The maximum time for visa applications to be processed remains unchanged at 15 days. The processing time may be longer only in individual cases, for instance where further scrutiny of the application is needed, and take up to maximum 45 days.
With which consulate should applicants lodge their visa application?
The rules remain the same. Applicants must lodge their application at the consulate of the country they intend to visit. Applicants planning to visit several Schengen states must apply at the consulate of the country where they will spend the longest period. Applicants planning on visiting several Schengen states for equal lengths of stay must apply at the consulate of the country whose external borders they will cross first when entering the Schengen area.In case the Schengen state of destination has no consulate in the country where the applicant resides, the applicant should check whether it is represented by another consulate.
Do visa applicants have to submit their application in person at a consulate?
In most cases, visa applications can be submitted in the applicant’s country of residence (either at a consulate or at the premises of an external service provider) and, where possible, the application form can be filled in and signed electronically. Under the new rules, applicants have to appear in person only when fingerprints are to be collected (i.e. every 59 months).
Can the application be submitted via an external service provider?
Most Member States use external service providers to collect visa applications and supporting documents. The large network of “visa application centres” means that applicants do not usually have to travel too far to lodge their application. Member States remain fully responsible for processing and deciding on visa applications.
What are the requirements for applying for a short stay visa?
The rules have not changed. In order to apply for a short stay visa to the EU, applicants must present:
A filled in and signed visa application form;
A passport issued in the last 10 years and valid for at least 3 months after the end of the stay;
An identity photograph;
Proof of possession of adequate and valid travel medical insurance;
Supporting documents relating to the purpose of the stay, evidence of means of support during the stay and accommodation.
Applicants must also pay the visa fee and, where applicable, have their fingerprints collected.
Do visa applicants need a travel medical insurance when travelling to the EU?
Yes, visa applicants must present a valid travel medical insurance when applying for a visa, as it was already the case under the previous rules.
What is the amount of the visa fee? What will the increased visa fee be used for?
The visa fee increases from €60 to €80. This increase is the first one since 2006 and it brings the fee in line with the level where it would be today if it had been aligned to the general EU-wide inflation rate since 2006.
The €60 fee no longer adequately covered the administrative costs (such as staffing, premises and equipment) for offering adequate service to the constantly growing numbers of applications. The increase in the visa fee will ensure there are sufficient financial resources to maintain a wide consular coverage worldwide and reinforce consular staff, speed up the application process and provide better quality service for travellers, upgrade IT equipment and software, and improve the capacity to detect potential security and irregular migration risks.
Importantly, for regular travellers, the fee increase will be partly offset by the new rules on long-validity visas: these travellers may actually save money under the new provisions, since they have to apply for visas less often.
Will the visa fee also increase for countries benefiting from lower fees under Visa Facilitation Agreements?
No. The increase of the general visa fee has no impact on the lower visa fee (€35) set in the Visa Facilitation Agreements concluded between the EU and a number of third countries, such as Armenia, Azerbaijan and Russia.
How does the revised visa fee compare to the fees charged by other countries?
By international standards, the €80 visa fee remains low. As a comparison, applying for a tourist visa to the United States costs €143 and €126 for China. Travellers to Australia have to pay €90 for their visa, while those going to New Zealand will be charged €146. A visa to Canada costs €68, to India €95, and to the UK €112 (January 2020).
Are there any visa fee waivers and reductions?
Yes, the visa fee is still waived for children below 6 years old, as was already the case under the previous rules. The visa fee for minors between the age of 6 and 12 years remains half of the general fee, and thus increases by €5 (to €40). In addition, it is now possible for Member States to waive the visa fee for minors between the age of 6 and 18 years.
How will the cooperation on readmission be linked to EU visa policy?
Over the past years, the EU has been stepping up activities to support Member States in returning people who have no right to stay in Europe. Even though readmission of own nationals is an obligation under international law, Member States have experienced difficulties in returning irregular migrants.
The revised visa rules introduce a new mechanism linking visa policy and cooperation on readmission. This will bring an important element into the EU’s discussions with partner countries.
Under the new rules, the Commission will conduct a regular assessment of how non-EU countries cooperate on readmission, taking into account indicators such as:
The number of return decisions issued to citizens of a given non-EU country;
The number of actual returns as a percentage of the number of return decisions issued;
The number of readmission requests accepted by the non-EU country as a percentage of the number of requests submitted to it; and
The level of practical cooperation in the different stages of the return procedure, including as regards the assistance provided in the identification of persons irregularly staying in the EU and the timely issuance of travel documents.
Member States which encounter substantial and persistent readmission problems with a given non-EU country may also notify the Commission of such a situation. In such cases, the Commission must assess the notification within one month.
On this basis, the Commission, together with Member States, can establish a more restrictive and temporary implementation of certain provisions of the Visa Code for the processing of visa applications from nationals of the country in question, such as the processing time, the length of validity of visas, the level of the visa fee and the fee waivers.
If a third country cooperates sufficiently on readmission, and taking account of the Union’s overall relations with the third country concerned, the Commission may also propose a more generous implementation of certain provisions of the Visa Code (lower visa fee, quicker processing times and multiple-entry visas with longer validity to be agreed upon by Member States in the Council).
Can nationals of non-EU countries which do not cooperate on readmission still apply for and obtain a visa to travel to the EU?
More restrictive implementation of certain procedural rules and the general rules on the issuing of multiple-entry visas will not call into question applicants’ basic right to submit an application for a visa or to be granted a visa.
When the Commission, together with the Member States, decides that the mechanism should be triggered, the restrictive implementation of certain rules will be adapted to the particular situation in each non EU-country. This could have an impact on the processing time, the length of validity of the visa to be issued, the level of the visa fee to be charged and the fee waivers.
Will the new rules affect the UK after the end of the transition period?
No. In 2019, the Visa Regulation was amended to grant UK nationals visa-free travel to the EU after the United Kingdom’s withdrawal from the European Union. This means that UK nationals will remain visa-free when travelling to the EU for short stays, so the revised visa rules will not apply to them.
Commission proposes draft mandate for negotiations on Gibraltar
The European Commission has today adopted a Recommendation for a Council decision authorising the opening of negotiations for an EU-UK agreement on Gibraltar. The Commission also presented its proposal for negotiating guidelines.
It is now for the Council to adopt this draft mandate, after which the Commission can begin formal negotiations with the United Kingdom.
Vice-President Maroš Šefčovič, the EU’s co-chair of the Joint Committee and Partnership Council, said: “By putting forward this draft mandate, we are honouring the political commitment we made to Spain to start the negotiations of a separate agreement between the EU and the UK on Gibraltar. This is a detailed mandate, which aims to have a positive impact for those living and working on either side of the border between Spain and Gibraltar, while protecting the integrity of the Schengen Area and the Single Market.”
Gibraltar was not included in the scope of the EU-UK Trade and Cooperation Agreement agreed between the EU and UK at the end of 2020. The Commission committed to begin the negotiation of a separate agreement on Gibraltar, should Spain request so. That is why the Commission is now recommending that the Council authorises the launch of specific negotiations on Gibraltar.
Today’s Recommendation builds upon the political understanding reached between Spain and the UK on 31 December last year. It is without prejudice to the issues of sovereignty and jurisdiction, and focuses on cooperation in the region.
The proposed negotiating directives put forward solutions to remove physical checks and controls on persons and goods at the land border between Spain and Gibraltar, while ensuring the integrity of the Schengen area and the Single Market. The proposals include rules establishing responsibility for asylum, returns, visas, residence permits, and operational police cooperation and information exchange.
Other measures are included in different areas, such as land and air transport, the rights of cross border workers, the environment, financial support, and establishing a level playing field. It envisages a robust governance mechanism, including a review of the implementation of the agreement after four years, the possibility for both parties to terminate the agreement at any time and the possibility of unilateral suspension of the application of the agreement under certain circumstances.
Spain, as the neighbouring Schengen Member State and as the Member State to be entrusted with the application and implementation of certain provisions of the future agreement, will be particularly affected by the agreement. The Commission will therefore maintain close contacts with the Spanish authorities throughout the negotiations and afterwards, taking their views duly into account.
With regard to external border control, in circumstances requiring increased technical and operational support, any Member State, including Spain, may request Frontex assistance in implementing its obligations. The Commission acknowledges that Spain has already expressed its full intention to ask Frontex for assistance.
The UK-EU Trade and Cooperation Agreement excluded Gibraltar from its territorial scope (Article 774(3)). On 31 December 2020, the Commission received a note of the proposed framework for a UK-EU legal instrument setting out Gibraltar’s future relationship with the EU. The relevant services in the Commission have examined this in close consultation with Spain. Building upon the proposed framework and in line with Union rules and interests, the Commission has today adopted a Recommendation for a Council decision authorising the opening of negotiations for an EU-UK agreement on Gibraltar and presented its proposal for negotiating guidelines.
Commission overhauls anti-money laundering and countering the financing of terrorism rules
The European Commission has today presented an ambitious package of legislative proposals to strengthen the EU’s anti-money laundering and countering terrorism financing (AML/CFT) rules. The package also includes the proposal for the creation of a new EU authority to fight money laundering. This package is part of the Commission’s commitment to protect EU citizens and the EU’s financial system from money laundering and terrorist financing. The aim of this package is to improve the detection of suspicious transactions and activities, and to close loopholes used by criminals to launder illicit proceeds or finance terrorist activities through the financial system. As recalled in the EU’s Security Union Strategy for 2020-2025, enhancing the EU’s framework for anti-money laundering and countering terrorist financing will also help to protect Europeans from terrorism and organised crime.
Today’s measures greatly enhance the existing EU framework by taking into account new and emerging challenges linked to technological innovation. These include virtual currencies, more integrated financial flows in the Single Market and the global nature of terrorist organisations. These proposals will help to create a much more consistent framework to ease compliance for operators subject to AML/CFT rules, especially for those active cross-border.
Today’s package consists of four legislative proposals:
- A Regulation establishing a new EU AML/CFT Authority;
- A Regulation on AML/CFT, containing directly-applicable rules, including in the areas of Customer Due Diligence and Beneficial Ownership;
- A sixth Directive on AML/CFT (“AMLD6”), replacing the existing Directive 2015/849/EU (the fourth AML directive as amended by the fifth AML directive), containing provisions that will be transposed into national law, such as rules on national supervisors and Financial Intelligence Units in Member States;
- A revision of the 2015 Regulation on Transfers of Funds to trace transfers of crypto-assets (Regulation 2015/847/EU).
Members of the College said:
Valdis Dombrovskis, Executive Vice-President for an Economy that works for people, said: “Every fresh money laundering scandal is one scandal too many – and a wake-up call that our work to close the gaps in our financial system is not yet done. We have made huge strides in recent years and our EU AML rules are now among the toughest in the world. But they now need to be applied consistently and closely supervised to make sure they really bite. This is why we are today taking these bold steps to close the door on money laundering and stop criminals from lining their pockets with ill-gotten gains.”
Mairead McGuinness, Commissioner responsible for financial services, financial stability and Capital Markets Union said: “Money laundering poses aclear and present threat to citizens, democratic institutions, and the financial system. The scale of the problem cannot be underestimated and the loopholes that criminals can exploit need to be closed. Today’s package significantly ramps up our efforts to stop dirty money being washed through the financial system. We are increasing coordination and cooperation between authorities in member states, and creating a new EU AML authority. These measures will help us protect the integrity of the financial system and the single market.”
A new EU AML Authority (AMLA)
At the heart of today’s legislative package is the creation of a new EU Authority which will transform AML/CFT supervision in the EU and enhance cooperation among Financial Intelligence Units (FIUs). The new EU-level Anti-Money Laundering Authority (AMLA) will be the central authority coordinating national authorities to ensure the private sector correctly and consistently applies EU rules. AMLA will also support FIUs to improve their analytical capacity around illicit flows and make financial intelligence a key source for law enforcement agencies.
In particular, AMLA will:
- establish a single integrated system of AML/CFT supervision across the EU, based on common supervisory methods and convergence of high supervisory standards;
- directly supervise some of the riskiest financial institutions that operate in a large number of Member States or require immediate action to address imminent risks;
- monitor and coordinate national supervisors responsible for other financial entities, as well as coordinate supervisors of non-financial entities;
- support cooperation among national Financial Intelligence Units and facilitate coordination and joint analyses between them, to better detect illicit financial flows of a cross-border nature.
A Single EU Rulebook for AML/CFT
The Single EU Rulebook for AML/CFT will harmonise AML/CFT rules across the EU, including, for example, more detailed rules on Customer Due Diligence, Beneficial Ownership and the powers and task of supervisors and Financial Intelligence Units (FIUs). Existing national registers of bank accounts will be connected, providing faster access for FIUs to information on bank accounts and safe deposit boxes. The Commission will also provide law enforcement authorities with access to this system, speeding up financial investigations and the recovery of criminal assets in cross-border cases. Access to financial information will be subject to robust safeguards in Directive (EU) 2019/1153 on exchange of financial information.
Full application of the EU AML/CFT rules to the crypto sector
At present, only certain categories of crypto-asset service providers are included in the scope of EU AML/CFT rules. The proposed reform will extend these rules to the entire crypto sector, obliging all service providers to conduct due diligence on their customers. Today’s amendments will ensure full traceability of crypto-asset transfers, such as Bitcoin, and will allow for prevention and detection of their possible use for money laundering or terrorism financing. In addition, anonymous crypto asset wallets will be prohibited, fully applying EU AML/CFT rules to the crypto sector.
EU-wide limit of €10,000 on large cash payments
Large cash payments are an easy way for criminals to launder money, since it is very difficult to detect transactions. That is why the Commission has today proposed an EU-wide limit of €10,000 on large cash payments. This EU-wide limit is high enough not to put into question the euro as legal tender and recognises the vital role of cash. Limits already exist in about two-thirds of Member States, but amounts vary. National limits under €10,000 can remain in place. Limiting large cash payments makes it harder for criminals to launder dirty money. In addition, providing anonymous crypto-asset wallets will be prohibited, just as anonymous bank accounts are already prohibited by EU AML/CFT rules.
Money laundering is a global phenomenon that requires strong international cooperation. The Commission already works closely with its international partners to combat the circulation of dirty money around the globe. The Financial Action Task Force (FATF), the global money laundering and terrorist financing watchdog, issues recommendations to countries. A country that is listed by FATF will also be listed by the EU. There will be two EU lists, a “black-list” and a “grey-list, reflecting the FATF listing. Following the listing, the EU will apply measures proportionate to the risks posed by the country. The EU will also be able to list countries which are not listed by FATF, but which pose a threat to the EU’s financial system based on an autonomous assessment.
The diversity of the tools that the Commission and AMLA can use will allow the EU to keep pace with a fast-moving and complex international environment with rapidly evolving risks.
The legislative package will now be discussed by the European Parliament and Council. The Commission looks forward to a speedy legislative process. The future AML Authority should be operational in 2024 and will start its work of direct supervision slightly later, once the Directive has been transposed and the new regulatory framework starts to apply.
The complex issue of tackling dirty money flows is not new. The fight against money laundering and terrorist financing is vital for financial stability and security in Europe. Legislative gaps in one Member State have an impact on the EU as a whole. That is why EU rules must be implemented and supervised efficiently and consistently to combat crime and protect our financial system. Ensuring the efficiency and consistency of the EU AML framework is of the utmost importance. Today’s legislative package implements the commitments in our Action Plan for a comprehensive Union policy on preventing money laundering and terrorism financing which was adopted by the Commission on 7 May 2020.
The EU framework against money laundering also includes the regulation on the mutual recognition of freezing and confiscation orders, the directive on combating money laundering by criminal law, the directive laying down rules on the use of financial and other information to combat serious crimes, the European Public Prosecutor’s Office, and the European system of financial supervision.
New EU guidance helps companies to combat forced labour in supply chains
The Commission and the European External Action Service (EEAS) have published today a Guidance on due diligence to help EU companies to address the risk of forced labour in their operations and supply chains, in line with international standards. The Guidance will enhance companies’ capacity to eradicate forced labour from their value chains by providing concrete, practical advice on how to identify, prevent, mitigate and address its risk.
Executive Vice-President and Commissioner for Trade Valdis Dombrovskis said: “There is no room in the world for forced labour. The Commission is committed to wiping this blight out as part of our broader work to defend human rights. This is why we put strengthening the resilience and sustainability of EU supply chains at the core of our recent trade strategy. Businesses are key to making this happen, because they can make all the difference by acting responsibly. With today’s Guidance, we are supporting EU companies in these efforts. We will ramp up our due diligence work with our upcoming legislation on Sustainable Corporate Governance.”
High Representative/Vice-President Josep Borrell said: “Forced labour is not only a serious violation of human rights but also a leading cause of poverty and an obstacle to economic development. The European Union is a global leader on responsible business conduct and business and human rights. The Guidance we publish today translates our commitment into concrete action. It will help EU companies to ensure their activities do not contribute to forced labour practices in any sector, region or country.”
The Guidance explains the practical aspects of due diligence and provides an overview of EU and international instruments on responsible business conduct that are relevant for combatting forced labour. The EU has already put in place mandatory standards in some sectors and actively promotes the effective implementation of international standards on responsible business conduct.
Promoting responsible and sustainable value chains is one of the pillars of the recent EU trade strategy. The Guidance delivers on the strategy by helping EU businesses already take the appropriate measures, bridging the time until legislation on Sustainable Corporate Governance is in place. This upcoming legislation should introduce a mandatory due diligence duty requiring EU companies to identify, prevent, mitigate and account for sustainability impacts in their operations and supply chains. Subject to the upcoming impact assessment, this will include effective action and enforcement mechanisms to ensure that forced labour does not find a place in the value chains of EU companies.
EU trade policy already contributes to the abolishment of forced labour through its various instruments. EU trade agreements are unique in including binding commitments to ratify and effectively implement all fundamental ILO Conventions, including those on forced labour. Those conventions include an obligation to suppress the use of forced or compulsory labour in all its forms. This commitment extends to the countries benefitting from the special incentive arrangement for sustainable development and good governance (GSP+) under the EU’s General Scheme of Preferences (GSP). All 71 beneficiary countries of the General Scheme of Preferences are obliged to not commit serious and systematic violations of the principles of the fundamental ILO Conventions.
The Guidance also delivers on a number of the priorities of the EU Action Plan on Human Rights and Democracy 2020-2024 in the area of business and human rights. Those priorities include the eradication of forced labour and the promotion of internationally recognised due diligence standards.
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