Europe without Barriers releases recommendations regarding Visa Policy of the EU countries in Ukraine, EU-Ukraine Action Plan on Visa Liberalisation and Schengen visas-issuing practice. The recommendations have been developed by Civic Expert Council of the Ministry of Foreign Affairs of Ukraine and with active involvement of Europe without Barriers’ experts.
Recommendations of Civic expert Council of the Ministry of Foreign Affairs of Ukraine, adopted during the roundtable on Visa Policy and Schengen visas-issuing practice.
Kyiv April 26, 2012
With the aim of better policy conducting and Schengen visas issuing practice for the citizens of Ukraine; for more effective implementation of the Action Plan on Visa Liberalisation (VLAP) for short term stay of Ukrainian citizens in the entire territory of the Schengen Agreement, considering all the provisions prescribed in the EU Visa Code from April 5, 2010 we call upon the Delegation of the European Commission in Ukraine, Schengen Embassies of the EU Member States in Ukraine, Verkhovna Rada of Ukraine, Cabinet of Ministry of Ukraine, Ministry of Foreign Affairs of Ukraine to consider the following expert recommendations:
1. Regarding the improvement of the Schengen states’ visa- issuing practice, development of the EU Visa Code.
Paragraph 5 of the article 10 “Service fee” of the EU Visa Code guarantees the possibility for all applicants to lodge their applications directly at its/their consulates. Under Paragraph 3 of the Article 40 “Forms of cooperation” of the EU Visa Code, Consulates of a Member State may, as a last resort, cooperate with an external service provider.
Meanwhile, in Ukraine the EU Member States Embassies (Consular sections) massively increase close partnership with an external service providers. Currently the service fee of 30 euro shall be paid for the services of an external provider. According to the Paragraph 1 of the Article 6 of the Visa Facilitation Agreement between the EU and Ukraine from January 1, 2008 the fee for processing visa applications shall amount to 35 euro.
We believe that the fees for an external provider’s services, charged to an applicant under the paragraphs 3 and 4 of the Article 17 of the EU Visa Code do not duly reflect the services offered by the external service provider and are not adapted to local circumstances. Furthermore, the applicant’s right to choose the place where to submit application either to visa center or consular section of Embassy should be preserved, also including waiting time for submission of the documents.
Attitude and behavior is one of the most vulnerable issues in terms of visa application. Quite often an unfriendly and even rude attitude of consulate’s staff towards applicants is observed, moreover in case of a refusal of visas there is clear lack of sufficient and exhaustive explanation on such a refusal. That fact indicates that implementation of the Article 39 “Conduct of staff” of the EU Visa Code is partial and insufficient.
Application of this kind of practices limits applicant’s rights, increases visa fees almost in twice and causes time delay (up to two or three months) in case of visa issuance by Consular sections of Embassies. Thus, it doesn’t correspond to the EU Visa Code provisions and its willingness to liberalize visa regime between the EU and Ukraine.
In this regard, we recommend:
• to reduce the waiting period for application up to two weeks, in case if applicant apply directly to Consular section of Embassy;
• to reduce service fee for external providers to amount which will reflect local circumstances;
• to improve the treatment of applicants by consular staff, introduce the practice of explanation to an applicant of the rules of uniform Schengen multiple visa issuance and rules of stay in the Schengen area;
• To confirm applicant’s right to use freely multiple visa for attending other Schengen member countries with the purpose, other than indicated during the application procedure, considering the Article 24 and 25 of the EU Visa Code. The differentiation between `uniform visa’ and ‘visa with limited territorial validity` envisage the right of multiple entry visa holders to move freely within the territory of the Schengen Agreement. As also multiple entry visa holders should not be persecuted by law enforcement agencies or custom agencies on the internal borders of Schengen area;
• To broaden the practice of issuing multiple long-term visas valid for 2, 3 and 5 years, envisaged by the EU Visa Code; to reduce the practice of issuing short term visas to those applicants, who has already possessed visas with long term of validity, even if visa was issued by Consular section of other Schengen member country;
• According to the Paragraph 2b of the Article 24 of the EU Visa Code, to consider positive visa history of applicant, applying for the multiple entry visa;
2. Regarding the implementation of the Action Plan on Visa Liberalisation for short term stay of Ukrainian citizens in the EU states.
Civic expert Council affiliated to the Ministry of Foreign Affairs of Ukraine confirms the fact that Ukraine does not fully implement the whole range of its commitments undertaken within the frame of the first phase of the Action Plan on Visa Liberalisation between Ukraine and the EU.
We also express our readiness to provide civic expert’s proposals as regards the drafting of an appropriate law, conducting monitoring of the implementation of the Action Plan on Visa Liberalisation.
In order to fulfill commitments undertaken by the Ukrainian side we recommend to:
• the Verkhovna Rada of Ukraine to support the draft law of Ukraine “On documents, certifying the identity and confirming the citizenship of Ukraine”, developed by the Cabinet of Ministers of Ukraine (the law provides introduction of biometric identity documents) considering recommendations on improvement of the law, provided by civic organizations; the Cabinet Ministry of Ukraine to accelerate elaboration and to submit for consideration of the Verkhovna Rada of Ukraine a draft law on preventing and combating discrimination.
3. Regarding the obtainment of information on the activities of Visa Facilitation Services in Ukraine.
Currently in Ukraine, the services of external providers of Visa Facilitation Service (VFS International), managing visa-issuance relating tasks serve the interest of near ten of the EU member states Consulates. We believe that the fees to be received by external providers for the obtainment of a Schengen visas in amount of 30 euro are overstated.
In this regard, we believe that it is of utmost importance to make an inquiry to the relevant state authorities, Anti-monopoly committee of Ukraine in order to receive the following information:
• Legal name, appropriate banking details, Visa Facilitation Service (VFS International) de facto and legal address in Ukraine;
• Information on founders of Visa Facilitation Service (VFS International) in Ukraine and copy of its Statute;
• Copies of the necessary licenses, according to the list, defined in the Article 43 of the EU Visa Code, which ensures the ability of this company to operate as an external provider of issuing a Schengen visas;
• The list and costs, which entitle the company for selling the legal services;
• According to the Law of Ukraine on “Personal Data Protection” the conditions of preservation of the information on person, submitted to Visa Center by applicants;
• Tenders results for determining of external providers of services according to the Article 43 of the EU Visa Code, including the information on tender members.
Source: Europe without Barriers
