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2015/0199(NLE) EU/Peru Agreement: short-stay visa waiver

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE GABRIEL Mariya (icon: PPE PPE) GUILLAUME Sylvie (icon: S&D S&D), STEVENS Helga (icon: ECR ECR), HYUSMENOVA Filiz (icon: ALDE ALDE), MICHEL Louis (icon: ALDE ALDE), VALERO Bodil (icon: Verts/ALE Verts/ALE)
Committee Opinion AFET
Lead committee dossier:
Legal Basis:
TFEU 077-p2, TFEU 218-p6a

Events

2016/09/30
   Final act published in Official Journal
Details

PURPOSE: to conclude the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

NON-LEGISLATIVE ACT: Council Decision (EU) 2016/1744 on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

CONTENT: with this Decision, the Agreement between the European Union and Peru on the short-stay visa waiver is approved on behalf of the Union.

To recall, the Commission negotiated on behalf of the European Union an Agreement with Peru on the short-stay visa waiver. This Agreement was signed in 2015 and is applied on a provisional basis as from 15 March 2016.

The agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period . A joint declaration on the interpretation of this period is attached to the agreement.

The visa waiver covers all categories of persons (holders of ordinary, diplomatic, service/official and special passports) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity . For this latter category, each Member State and also Peru remain free to impose the visa requirement on the citizens of the other Party in accordance with the applicable Union or national law. In order to ensure harmonised implementation, a joint declaration is attached to the agreement on the interpretation of the category of persons travelling for the purpose of carrying out a paid activity.

The Member States and Peru reserve the right to refuse entry into and short stay in their territories if one or more of these conditions is not met.

The Agreement sets up a Joint Committee of experts for the management of the Agreement. The Union is to be represented within that Joint Committee by the Commission, which should be assisted by the representatives of the Member States.

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom and Ireland do not take part. Therefore, these two countries are not bound by it or subject to its application.

ENTRY INTO FORCE: 20.9.2016.

2016/09/20
   EP/CSL - Act adopted by Council after consultation of Parliament
2016/09/20
   EP - End of procedure in Parliament
2016/09/20
   CSL - Council Meeting
2016/07/05
   EP - Results of vote in Parliament
2016/07/05
   EP - Decision by Parliament
Details

The European Parliament adopted by 611 votes to 59, with 21 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

In line with the recommendation made by the Committee on Civil Liberties, Justice and Home Affairs, the European Parliament gave its consent to the conclusion of the Agreement.

The Agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period . The visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity.

The provisions of the Agreement shall not apply to the United Kingdom or Ireland.

Documents
2016/06/02
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Mariya GABRIEL (EPP, BG) on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

The committee recommended the European Parliament to give its consent to the conclusion of the Agreement.

To recall, the agreement – signed on 14 March 2016 and applied provisionally pending the consent of the European Parliament - provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period .

The visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity.

The report is accompanied by a short justification which states that the agreement marks a significant milestone in the deepening of relations between the European Union and Peru and is an additional way of stepping up economic and cultural relations and intensifying political dialogue on various issues, including human rights and fundamental freedoms.

On an economic level : the agreement will boost tourism and help to intensify trade and investment relations. Peru has recorded one of the highest rates of economic growth in Latin America (5% in 2013, 2.4% in 2014). The EU is the Peru’s third-largest trade partner in terms of imports (mainly machinery and transport equipment) and the principal destination of its exports (agri-food and mining products). Furthermore, the EU continues to be the biggest investor in Peru, accounting for over 50% of total foreign direct investment in sectors such as the extractive industries, banking and finance.

As regards the political and institutional situation , Peru is a relatively stable democracy which, like the European Union, upholds the values and principles of democracy, good governance, respect for human rights and the rule of law. The agreement will make it possible to pursue a balanced, regular, in-depth political dialogue on human rights and on specific issues such as the situation of women.

On the question of mobility , data on entry refusals, arrests and returns shows that irregular migration has been a risk factor in recent years in the case of Peru. At the same time, however, a marked improvement regarding the situation has been observed The vast majority of Schengen visa applicants were granted short-stay visas, the rejection rate being around 6.1% in 2014 and 3.0% in 2015. In addition, 43% of applicants were granted multiple-entry visas in 2014. These figures reflect the Member States’ increased trust in the applicants. The agreement also contains a joint declaration on cooperation on illegal immigration, in which the EU and Peru stress their commitment regarding the readmission of their irregular migrants.

Peru may also become a key partner in the fight against organised crime , including drug trafficking and human trafficking, which can be important areas of cooperation.

As regards the implementation and monitoring of the agreement , the rapporteur:

called on the Commission to observe any developments in relation to the criteria on clandestine immigration, public policy and security, and also the Union’s external relations with the third countries concerned, including, in particular, considerations relating to respect for human rights and fundamental freedoms; called on the Commission and the authorities of Peru to ensure full reciprocity of the visa waiver, which should permit equal treatment of all citizens, particularly all citizens of the Union; encouraged the Commission to review the composition of the joint management committees for future agreements so that the European Parliament may be involved in the work of the Joint Committee.

Lastly, the rapporteur also queried the practice of signing visa waiver agreements and applying them provisionally before the European Parliament has approved them, a practice which is liable to reduce Parliament’s room for manoeuvre.

Documents
2016/05/24
   EP - Vote in committee
2016/04/14
   EP - Committee referral announced in Parliament
2016/04/13
   EP - Committee draft report
Documents
2016/03/10
   EP/CSL - Act adopted by Council after consultation of Parliament
2016/03/10
   CSL - Council Meeting
2016/03/07
   CSL - Legislative proposal
Details

PURPOSE: to conclude the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Commission has negotiated on behalf of the European Union an agreement with the Republic of Peru on the short-stay visa waiver.

In accordance with a Council Decision, the Agreement has been signed and is applied on a provisional basis. It is now necessary to approve the Agreement on behalf of the EU.

CONTENT: the Agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period . The visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity.

This Decision constitutes a development of the provisions of the Schengen acquis . Therefore, the provisions of the future Agreement shall not apply to Ireland or the United Kingdom.

The Agreement sets up a Joint Committee of experts for the management of the Agreement. The Union is to be represented within that Joint Committee by the Commission, which should be assisted by the representatives of the Member States.

For further details on the main elements of this Agreement, please refer to the summary of the initial proposal dated from 14.09.2015.

Documents
2016/03/06
   EC - Legislative proposal published
Details

PURPOSE: to conclude the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Commission has negotiated on behalf of the European Union an agreement with the Republic of Peru on the short-stay visa waiver.

In accordance with a Council Decision, the Agreement has been signed and is applied on a provisional basis. It is now necessary to approve the Agreement on behalf of the EU.

CONTENT: the Agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period . The visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity.

This Decision constitutes a development of the provisions of the Schengen acquis . Therefore, the provisions of the future Agreement shall not apply to Ireland or the United Kingdom.

The Agreement sets up a Joint Committee of experts for the management of the Agreement. The Union is to be represented within that Joint Committee by the Commission, which should be assisted by the representatives of the Member States.

For further details on the main elements of this Agreement, please refer to the summary of the initial proposal dated from 14.09.2015.

Documents
2015/10/26
   EP - GABRIEL Mariya (PPE) appointed as rapporteur in LIBE
2015/09/14
   EC - Document attached to the procedure
2015/09/14
   EP - Preparatory document
Details

PURPOSE: to conclude the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: Regulation (EU) No 509/2014 of the European Parliament and of the Council amended Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States and those whose nationals are exempt from that requirement. The Regulation was adopted on 20 May 2014 and entered into force on 9 June 2014.

Regulation (EU) No 509/2014 transferred 19 countries to Annex II, which lists the third countries whose nationals are exempt from the visa requirement . Those 19 countries are: Colombia, Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Peru, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu.

Colombia and Peru were, according to Recital 5 of Regulation (EU) No 509/2014 and the joint declaration issued at the time of adoption, s ubject to a specific procedure which required a further assessment of those countries against the relevant criteria , before the Commission could present to the Council recommendations for decisions authorising the opening of negotiations on visa waiver agreements with those two countries.

In October 2014, the Commission adopted a report broadly assessing the situation of Peru. The Commission concluded that the significant improvement of the Peruvian economic and social situation in recent years provided justification that Peruvians should be granted visa-free access to the Member States' territory . In addition, the visa waiver agreement contains the necessary safeguards to suspend or terminate the agreement should this be required to avoid security or migration risks for the Union.

In March 2015, the Commission presented a Recommendation to the Council to authorise it to start negotiations on visa waiver agreements with Colombia and Peru. On 19 May 2015, the Council addressed negotiating directives to the Commission. The negotiations with Peru were opened on 20 May 2015 in Brussels. The agreement was initialled by the chief negotiators on 9 June 2015 .

The Commission considered that the objectives set by the Council in its negotiating directives were attained and that the draft visa waiver agreement is acceptable to the Union.

CONTENT: the Commission proposes that the Council approve the Agreement between the European Union and Peru on the short-stay visa waiver .

The content of the agreement may be summarised as follows:

Purpose and duration of stay : the agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period .

In order to safeguard equal treatment of all EU citizens, a provision has been included in the agreement stating that Peru may suspend or terminate the agreement only in respect of all the Member States of the European Union and that the Union may also only suspend or terminate the agreement in respect of all of its Member States.

The agreement takes into account the situation of the Member States that do not yet apply the Schengen acquis in full. As long as they are not part of the Schengen area without internal borders, the visa waiver confers a right for the nationals of Peru to stay for 90 days in any 180-day on the territory of each of those Member States (currently Bulgaria, Croatia, Cyprus and Romania), independently of the period calculated for the whole Schengen area.

Scope : the visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity . For this latter category, each Member State and also Peru remain free to impose the visa requirement on the citizens of the other Party in accordance with the applicable Union or national law. In order to ensure harmonised implementation, a joint declaration is attached to the agreement on the interpretation of the category of persons travelling for the purpose of carrying out a paid activity.

Biometric passports : the Agreement includes a number of declarations:

on the introduction of biometric passports by Peru, declaring that Peru commits to issuing biometric passports by 31 December 2015 at the latest and that failure to introduce biometric/passports by that date constitutes sufficient grounds for suspension of the agreement; on cooperation concerning irregular migration with a commitment to conclude a readmission agreement upon request by either Party, in particular in case of an increase of irregular migration and in problems regarding the readmission of irregular migrants. Failure to conclude a readmission agreement upon request constitutes sufficient grounds for suspension of the agreement.

Territorial application : in the case of France and the Netherlands, the visa waiver would entitle nationals of Peru to stay only in those Member States’ European territories.

The provisions of the Agreement do not apply to the United Kingdom and Ireland.

The Agreement establishes a Joint Committee for the management of the Agreement, which shall adopt its rules of procedure.

2015/03/04
   CSL - Document attached to the procedure
Documents

Documents

Activities

Votes

A8-0197/2016 - Mariya Gabriel - approbation #

2016/07/05 Outcome: +: 611, -: 59, 0: 21
DE IT ES PL FR RO PT CZ BE EL NL SE BG HU FI DK SK LT IE HR AT GB LV SI MT LU EE CY
Total
88
64
49
46
73
28
20
21
20
20
25
17
14
20
13
13
12
10
10
9
17
64
8
8
6
5
5
5
icon: PPE PPE
202

Denmark PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
171

Netherlands S&D

3

Bulgaria S&D

2

Ireland S&D

For (1)

1

Croatia S&D

2

Latvia S&D

1

Slovenia S&D

For (1)

1

Malta S&D

3

Luxembourg S&D

For (1)

1

Cyprus S&D

For (1)

1
icon: ALDE ALDE
67

Romania ALDE

3

Ireland ALDE

For (1)

1

Croatia ALDE

2

Austria ALDE

For (1)

1

United Kingdom ALDE

1

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

3
icon: ECR ECR
64

Italy ECR

2

Romania ECR

For (1)

1

Czechia ECR

2

Greece ECR

Against (1)

1

Netherlands ECR

2

Bulgaria ECR

2
2

Lithuania ECR

1

Croatia ECR

For (1)

1

Latvia ECR

For (1)

1

Cyprus ECR

1
icon: GUE/NGL GUE/NGL
48

Italy GUE/NGL

2

Netherlands GUE/NGL

For (1)

3

Sweden GUE/NGL

For (1)

1

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

United Kingdom GUE/NGL

1

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
43

Belgium Verts/ALE

2

Netherlands Verts/ALE

2

Sweden Verts/ALE

3

Hungary Verts/ALE

2

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Austria Verts/ALE

2

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: NI NI
16

Germany NI

2

Italy NI

For (1)

1

Poland NI

1

France NI

3
3

United Kingdom NI

Abstain (1)

1
icon: EFDD EFDD
43

Germany EFDD

1

Poland EFDD

1

France EFDD

1

Czechia EFDD

Against (1)

1

Sweden EFDD

Against (1)

1

Lithuania EFDD

For (1)

1
icon: ENF ENF
36

Germany ENF

Against (1)

1

Poland ENF

1

Romania ENF

1

Belgium ENF

Abstain (1)

1

Netherlands ENF

3

United Kingdom ENF

Against (1)

1

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2015-03-04T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=12097%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 12097/2015 type: Document attached to the procedure body: CSL
  • date: 2015-09-14T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0437/COM_COM(2015)0437(ANN)_EN.pdf title: COM(2015)0437 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2015&nu_doc=0437 title: EUR-Lex type: Document attached to the procedure body: EC
  • date: 2016-04-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE573.186 title: PE573.186 type: Committee draft report body: EP
events
  • date: 2015-09-14T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0439/COM_COM(2015)0439(ANN)_EN.pdf title: COM(2015)0439 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2015&nu_doc=0439 title: EUR-Lex summary: PURPOSE: to conclude the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: Regulation (EU) No 509/2014 of the European Parliament and of the Council amended Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States and those whose nationals are exempt from that requirement. The Regulation was adopted on 20 May 2014 and entered into force on 9 June 2014. Regulation (EU) No 509/2014 transferred 19 countries to Annex II, which lists the third countries whose nationals are exempt from the visa requirement . Those 19 countries are: Colombia, Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Peru, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu. Colombia and Peru were, according to Recital 5 of Regulation (EU) No 509/2014 and the joint declaration issued at the time of adoption, s ubject to a specific procedure which required a further assessment of those countries against the relevant criteria , before the Commission could present to the Council recommendations for decisions authorising the opening of negotiations on visa waiver agreements with those two countries. In October 2014, the Commission adopted a report broadly assessing the situation of Peru. The Commission concluded that the significant improvement of the Peruvian economic and social situation in recent years provided justification that Peruvians should be granted visa-free access to the Member States' territory . In addition, the visa waiver agreement contains the necessary safeguards to suspend or terminate the agreement should this be required to avoid security or migration risks for the Union. In March 2015, the Commission presented a Recommendation to the Council to authorise it to start negotiations on visa waiver agreements with Colombia and Peru. On 19 May 2015, the Council addressed negotiating directives to the Commission. The negotiations with Peru were opened on 20 May 2015 in Brussels. The agreement was initialled by the chief negotiators on 9 June 2015 . The Commission considered that the objectives set by the Council in its negotiating directives were attained and that the draft visa waiver agreement is acceptable to the Union. CONTENT: the Commission proposes that the Council approve the Agreement between the European Union and Peru on the short-stay visa waiver . The content of the agreement may be summarised as follows: Purpose and duration of stay : the agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period . In order to safeguard equal treatment of all EU citizens, a provision has been included in the agreement stating that Peru may suspend or terminate the agreement only in respect of all the Member States of the European Union and that the Union may also only suspend or terminate the agreement in respect of all of its Member States. The agreement takes into account the situation of the Member States that do not yet apply the Schengen acquis in full. As long as they are not part of the Schengen area without internal borders, the visa waiver confers a right for the nationals of Peru to stay for 90 days in any 180-day on the territory of each of those Member States (currently Bulgaria, Croatia, Cyprus and Romania), independently of the period calculated for the whole Schengen area. Scope : the visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity . For this latter category, each Member State and also Peru remain free to impose the visa requirement on the citizens of the other Party in accordance with the applicable Union or national law. In order to ensure harmonised implementation, a joint declaration is attached to the agreement on the interpretation of the category of persons travelling for the purpose of carrying out a paid activity. Biometric passports : the Agreement includes a number of declarations: on the introduction of biometric passports by Peru, declaring that Peru commits to issuing biometric passports by 31 December 2015 at the latest and that failure to introduce biometric/passports by that date constitutes sufficient grounds for suspension of the agreement; on cooperation concerning irregular migration with a commitment to conclude a readmission agreement upon request by either Party, in particular in case of an increase of irregular migration and in problems regarding the readmission of irregular migrants. Failure to conclude a readmission agreement upon request constitutes sufficient grounds for suspension of the agreement. Territorial application : in the case of France and the Netherlands, the visa waiver would entitle nationals of Peru to stay only in those Member States’ European territories. The provisions of the Agreement do not apply to the United Kingdom and Ireland. The Agreement establishes a Joint Committee for the management of the Agreement, which shall adopt its rules of procedure.
  • date: 2016-03-07T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=12099%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 12099/2015 summary: PURPOSE: to conclude the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: the Commission has negotiated on behalf of the European Union an agreement with the Republic of Peru on the short-stay visa waiver. In accordance with a Council Decision, the Agreement has been signed and is applied on a provisional basis. It is now necessary to approve the Agreement on behalf of the EU. CONTENT: the Agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period . The visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity. This Decision constitutes a development of the provisions of the Schengen acquis . Therefore, the provisions of the future Agreement shall not apply to Ireland or the United Kingdom. The Agreement sets up a Joint Committee of experts for the management of the Agreement. The Union is to be represented within that Joint Committee by the Commission, which should be assisted by the representatives of the Member States. For further details on the main elements of this Agreement, please refer to the summary of the initial proposal dated from 14.09.2015.
  • date: 2016-03-10T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2016-04-14T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2016-05-24T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-06-02T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0197&language=EN title: A8-0197/2016 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Mariya GABRIEL (EPP, BG) on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver. The committee recommended the European Parliament to give its consent to the conclusion of the Agreement. To recall, the agreement – signed on 14 March 2016 and applied provisionally pending the consent of the European Parliament - provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period . The visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity. The report is accompanied by a short justification which states that the agreement marks a significant milestone in the deepening of relations between the European Union and Peru and is an additional way of stepping up economic and cultural relations and intensifying political dialogue on various issues, including human rights and fundamental freedoms. On an economic level : the agreement will boost tourism and help to intensify trade and investment relations. Peru has recorded one of the highest rates of economic growth in Latin America (5% in 2013, 2.4% in 2014). The EU is the Peru’s third-largest trade partner in terms of imports (mainly machinery and transport equipment) and the principal destination of its exports (agri-food and mining products). Furthermore, the EU continues to be the biggest investor in Peru, accounting for over 50% of total foreign direct investment in sectors such as the extractive industries, banking and finance. As regards the political and institutional situation , Peru is a relatively stable democracy which, like the European Union, upholds the values and principles of democracy, good governance, respect for human rights and the rule of law. The agreement will make it possible to pursue a balanced, regular, in-depth political dialogue on human rights and on specific issues such as the situation of women. On the question of mobility , data on entry refusals, arrests and returns shows that irregular migration has been a risk factor in recent years in the case of Peru. At the same time, however, a marked improvement regarding the situation has been observed The vast majority of Schengen visa applicants were granted short-stay visas, the rejection rate being around 6.1% in 2014 and 3.0% in 2015. In addition, 43% of applicants were granted multiple-entry visas in 2014. These figures reflect the Member States’ increased trust in the applicants. The agreement also contains a joint declaration on cooperation on illegal immigration, in which the EU and Peru stress their commitment regarding the readmission of their irregular migrants. Peru may also become a key partner in the fight against organised crime , including drug trafficking and human trafficking, which can be important areas of cooperation. As regards the implementation and monitoring of the agreement , the rapporteur: called on the Commission to observe any developments in relation to the criteria on clandestine immigration, public policy and security, and also the Union’s external relations with the third countries concerned, including, in particular, considerations relating to respect for human rights and fundamental freedoms; called on the Commission and the authorities of Peru to ensure full reciprocity of the visa waiver, which should permit equal treatment of all citizens, particularly all citizens of the Union; encouraged the Commission to review the composition of the joint management committees for future agreements so that the European Parliament may be involved in the work of the Joint Committee. Lastly, the rapporteur also queried the practice of signing visa waiver agreements and applying them provisionally before the European Parliament has approved them, a practice which is liable to reduce Parliament’s room for manoeuvre.
  • date: 2016-07-05T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27308&l=en title: Results of vote in Parliament
  • date: 2016-07-05T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0295 title: T8-0295/2016 summary: The European Parliament adopted by 611 votes to 59, with 21 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver. In line with the recommendation made by the Committee on Civil Liberties, Justice and Home Affairs, the European Parliament gave its consent to the conclusion of the Agreement. The Agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period . The visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity. The provisions of the Agreement shall not apply to the United Kingdom or Ireland.
  • date: 2016-09-20T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2016-09-20T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2016-09-30T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to conclude the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver. NON-LEGISLATIVE ACT: Council Decision (EU) 2016/1744 on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver. CONTENT: with this Decision, the Agreement between the European Union and Peru on the short-stay visa waiver is approved on behalf of the Union. To recall, the Commission negotiated on behalf of the European Union an Agreement with Peru on the short-stay visa waiver. This Agreement was signed in 2015 and is applied on a provisional basis as from 15 March 2016. The agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period . A joint declaration on the interpretation of this period is attached to the agreement. The visa waiver covers all categories of persons (holders of ordinary, diplomatic, service/official and special passports) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity . For this latter category, each Member State and also Peru remain free to impose the visa requirement on the citizens of the other Party in accordance with the applicable Union or national law. In order to ensure harmonised implementation, a joint declaration is attached to the agreement on the interpretation of the category of persons travelling for the purpose of carrying out a paid activity. The Member States and Peru reserve the right to refuse entry into and short stay in their territories if one or more of these conditions is not met. The Agreement sets up a Joint Committee of experts for the management of the Agreement. The Union is to be represented within that Joint Committee by the Commission, which should be assisted by the representatives of the Member States. This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom and Ireland do not take part. Therefore, these two countries are not bound by it or subject to its application. ENTRY INTO FORCE: 20.9.2016. docs: title: Decision 2016/1744 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016D1744 title: OJ L 264 30.09.2016, p. 0027 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:264:TOC
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  • The European Parliament adopted by 611 votes to 59, with 21 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

    In line with the recommendation made by the Committee on Civil Liberties, Justice and Home Affairs, the European Parliament gave its consent to the conclusion of the Agreement.

    The Agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period. The visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity.

    The provisions of the Agreement shall not apply to the United Kingdom or Ireland.

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  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0295 type: Decision by Parliament, 1st reading/single reading title: T8-0295/2016
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  • The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Mariya GABRIEL (EPP, BG) on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

    The committee recommended the European Parliament to give its consent to the conclusion of the Agreement.

    To recall, the agreement – signed on 14 March 2016 and applied provisionally pending the consent of the European Parliament - provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period.

    The visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity.

    The report is accompanied by a short justification which states that the agreement marks a significant milestone in the deepening of relations between the European Union and Peru and is an additional way of stepping up economic and cultural relations and intensifying political dialogue on various issues, including human rights and fundamental freedoms.

    On an economic level: the agreement will boost tourism and help to intensify trade and investment relations. Peru has recorded one of the highest rates of economic growth in Latin America (5% in 2013, 2.4% in 2014). The EU is the Peru’s third-largest trade partner in terms of imports (mainly machinery and transport equipment) and the principal destination of its exports (agri-food and mining products). Furthermore, the EU continues to be the biggest investor in Peru, accounting for over 50% of total foreign direct investment in sectors such as the extractive industries, banking and finance.

    As regards the political and institutional situation, Peru is a relatively stable democracy which, like the European Union, upholds the values and principles of democracy, good governance, respect for human rights and the rule of law. The agreement will make it possible to pursue a balanced, regular, in-depth political dialogue on human rights and on specific issues such as the situation of women. 

    On the question of mobility, data on entry refusals, arrests and returns shows that irregular migration has been a risk factor in recent years in the case of Peru. At the same time, however, a marked improvement regarding the situation has been observed The vast majority of Schengen visa applicants were granted short-stay visas, the rejection rate being around 6.1% in 2014 and 3.0% in 2015. In addition, 43% of applicants were granted multiple-entry visas in 2014. These figures reflect the Member States’ increased trust in the applicants. The agreement also contains a joint declaration on cooperation on illegal immigration, in which the EU and Peru stress their commitment regarding the readmission of their irregular migrants.

    Peru may also become a key partner in the fight against organised crime, including drug trafficking and human trafficking, which can be important areas of cooperation.

    As regards the implementation and monitoring of the agreement, the rapporteur:

    • called on the Commission to observe any developments in relation to the criteria on clandestine immigration, public policy and security, and also the Union’s external relations with the third countries concerned, including, in particular, considerations relating to respect for human rights and fundamental freedoms;
    • called on the Commission and the authorities of Peru to ensure full reciprocity of the visa waiver, which should permit equal treatment of all citizens, particularly all citizens of the Union;
    • encouraged the Commission to review the composition of the joint management committees for future agreements so that the European Parliament may be involved in the work of the Joint Committee.

    Lastly, the rapporteur also queried the practice of signing visa waiver agreements and applying them provisionally before the European Parliament has approved them, a practice which is liable to reduce Parliament’s room for manoeuvre.

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  • PURPOSE: to conclude the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

    BACKGROUND: the Commission has negotiated on behalf of the European Union an agreement with the Republic of Peru on the short-stay visa waiver.

    In accordance with a Council Decision, the Agreement has been signed and is applied on a provisional basis. It is now necessary to approve the Agreement on behalf of the EU.

    CONTENT: the Agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period. The visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity.

    This Decision constitutes a development of the provisions of the Schengen acquis. Therefore, the provisions of the future Agreement shall not apply to Ireland or the United Kingdom.

    The Agreement sets up a Joint Committee of experts for the management of the Agreement. The Union is to be represented within that Joint Committee by the Commission, which should be assisted by the representatives of the Member States.

    For further details on the main elements of this Agreement, please refer to the summary of the initial proposal dated from 14.09.2015.

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PURPOSE: to conclude the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

BACKGROUND: Regulation (EU) No 509/2014 of the European Parliament and of the Council amended Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States and those whose nationals are exempt from that requirement. The Regulation was adopted on 20 May 2014 and entered into force on 9 June 2014.

Regulation (EU) No 509/2014 transferred 19 countries to Annex II, which lists the third countries whose nationals are exempt from the visa requirement. Those 19 countries are: Colombia, Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Peru, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu.

Colombia and Peru were, according to Recital 5 of Regulation (EU) No 509/2014 and the joint declaration issued at the time of adoption, subject to a specific procedure which required a further assessment of those countries against the relevant criteria, before the Commission could present to the Council recommendations for decisions authorising the opening of negotiations on visa waiver agreements with those two countries.

In October 2014, the Commission adopted a report broadly assessing the situation of Peru. The Commission concluded that the significant improvement of the Peruvian economic and social situation in recent years provided justification that Peruvians should be granted visa-free access to the Member States' territory. In addition, the visa waiver agreement contains the necessary safeguards to suspend or terminate the agreement should this be required to avoid security or migration risks for the Union.

In March 2015, the Commission presented a Recommendation to the Council to authorise it to start negotiations on visa waiver agreements with Colombia and Peru. On 19 May 2015, the Council addressed negotiating directives to the Commission. The negotiations with Peru were opened on 20 May 2015 in Brussels. The agreement was initialled by the chief negotiators on 9 June 2015.

The Commission considered that the objectives set by the Council in its negotiating directives were attained and that the draft visa waiver agreement is acceptable to the Union.

CONTENT: the Commission proposes that the Council approve the Agreement between the European Union and Peru on the short-stay visa waiver.

The content of the agreement may be summarised as follows:

Purpose and duration of stay: the agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period.

In order to safeguard equal treatment of all EU citizens, a provision has been included in the agreement stating that Peru may suspend or terminate the agreement only in respect of all the Member States of the European Union and that the Union may also only suspend or terminate the agreement in respect of all of its Member States.

The agreement takes into account the situation of the Member States that do not yet apply the Schengen acquis in full. As long as they are not part of the Schengen area without internal borders, the visa waiver confers a right for the nationals of Peru to stay for 90 days in any 180-day on the territory of each of those Member States (currently Bulgaria, Croatia, Cyprus and Romania), independently of the period calculated for the whole Schengen area.

Scope: the visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity. For this latter category, each Member State and also Peru remain free to impose the visa requirement on the citizens of the other Party in accordance with the applicable Union or national law. In order to ensure harmonised implementation, a joint declaration is attached to the agreement on the interpretation of the category of persons travelling for the purpose of carrying out a paid activity.

Biometric passports: the Agreement includes a number of declarations:

  • on the introduction of biometric passports by Peru, declaring that Peru commits to issuing biometric passports by 31 December 2015 at the latest and that failure to introduce biometric/passports by that date constitutes sufficient grounds for suspension of the agreement;
  • on cooperation concerning irregular migration with a commitment to conclude a readmission agreement upon request by either Party, in particular in case of an increase of irregular migration and in problems regarding the readmission of irregular migrants. Failure to conclude a readmission agreement upon request constitutes sufficient grounds for suspension of the agreement.

Territorial application: in the case of France and the Netherlands, the visa waiver would entitle nationals of Peru to stay only in those Member States’ European territories.

The provisions of the Agreement do not apply to the United Kingdom and Ireland.

The Agreement establishes a Joint Committee for the management of the Agreement, which shall adopt its rules of procedure.

New

PURPOSE: to conclude the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

BACKGROUND: Regulation (EU) No 509/2014 of the European Parliament and of the Council amended Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States and those whose nationals are exempt from that requirement. The Regulation was adopted on 20 May 2014 and entered into force on 9 June 2014.

Regulation (EU) No 509/2014 transferred 19 countries to Annex II, which lists the third countries whose nationals are exempt from the visa requirement. Those 19 countries are: Colombia, Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Peru, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu.

Colombia and Peru were, according to Recital 5 of Regulation (EU) No 509/2014 and the joint declaration issued at the time of adoption, subject to a specific procedure which required a further assessment of those countries against the relevant criteria, before the Commission could present to the Council recommendations for decisions authorising the opening of negotiations on visa waiver agreements with those two countries.

In October 2014, the Commission adopted a report broadly assessing the situation of Peru. The Commission concluded that the significant improvement of the Peruvian economic and social situation in recent years provided justification that Peruvians should be granted visa-free access to the Member States' territory. In addition, the visa waiver agreement contains the necessary safeguards to suspend or terminate the agreement should this be required to avoid security or migration risks for the Union.

In March 2015, the Commission presented a Recommendation to the Council to authorise it to start negotiations on visa waiver agreements with Colombia and Peru. On 19 May 2015, the Council addressed negotiating directives to the Commission. The negotiations with Peru were opened on 20 May 2015 in Brussels. The agreement was initialled by the chief negotiators on 9 June 2015.

The Commission considered that the objectives set by the Council in its negotiating directives were attained and that the draft visa waiver agreement is acceptable to the Union.

CONTENT: the Commission proposes that the Council approve the Agreement between the European Union and Peru on the short-stay visa waiver.

The content of the agreement may be summarised as follows:

Purpose and duration of stay: the agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Peru when travelling to the territory of the other Contracting Party for a maximum period of 90 days in any 180-day period.

In order to safeguard equal treatment of all EU citizens, a provision has been included in the agreement stating that Peru may suspend or terminate the agreement only in respect of all the Member States of the European Union and that the Union may also only suspend or terminate the agreement in respect of all of its Member States.

The agreement takes into account the situation of the Member States that do not yet apply the Schengen acquis in full. As long as they are not part of the Schengen area without internal borders, the visa waiver confers a right for the nationals of Peru to stay for 90 days in any 180-day on the territory of each of those Member States (currently Bulgaria, Croatia, Cyprus and Romania), independently of the period calculated for the whole Schengen area.

Scope: the visa waiver covers all categories of persons (ordinary, diplomatic, service/official and special passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a paid activity. For this latter category, each Member State and also Peru remain free to impose the visa requirement on the citizens of the other Party in accordance with the applicable Union or national law. In order to ensure harmonised implementation, a joint declaration is attached to the agreement on the interpretation of the category of persons travelling for the purpose of carrying out a paid activity.

Biometric passports: the Agreement includes a number of declarations:

  • on the introduction of biometric passports by Peru, declaring that Peru commits to issuing biometric passports by 31 December 2015 at the latest and that failure to introduce biometric/passports by that date constitutes sufficient grounds for suspension of the agreement;
  • on cooperation concerning irregular migration with a commitment to conclude a readmission agreement upon request by either Party, in particular in case of an increase of irregular migration and in problems regarding the readmission of irregular migrants. Failure to conclude a readmission agreement upon request constitutes sufficient grounds for suspension of the agreement.

Territorial application: in the case of France and the Netherlands, the visa waiver would entitle nationals of Peru to stay only in those Member States’ European territories.

The provisions of the Agreement do not apply to the United Kingdom and Ireland.

The Agreement establishes a Joint Committee for the management of the Agreement, which shall adopt its rules of procedure.

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Old
Legislative proposal published
New
Initial legislative proposal published
activities/0/type
Old
Legislative proposal published
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Initial legislative proposal published
activities/1
date
2016-03-07T00:00:00
docs
url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=12099%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 12099/2015
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EC
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Legislative proposal published
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DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs Commissioner: AVRAMOPOULOS Dimitris
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2016-03-10T00:00:00
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2016-03-10T00:00:00
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EP/CSL
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Act adopted by Council after consultation of Parliament
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  • group: S&D name: GUILLAUME Sylvie
  • group: ECR name: STEVENS Helga
  • group: ALDE name: MICHEL Louis
  • group: GUE/NGL name: VERGIAT Marie-Christine
  • group: Verts/ALE name: VALERO Bodil
committees/1/date
2015-10-26T00:00:00
committees/1/rapporteur
  • group: EPP name: GABRIEL Mariya
activities/0/docs/0/celexid
CELEX:52015PC0439:EN
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  • date: 2015-09-14T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0439/COM_COM(2015)0439(ANN)_EN.pdf type: Legislative proposal published title: COM(2015)0439 body: EC commission: DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs Commissioner: AVRAMOPOULOS Dimitris type: Legislative proposal published
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  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
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  • body: EC dg: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
procedure
legal_basis
reference
2015/0199(NLE)
title
EU/Peru Agreement: short-stay visa waiver
geographical_area
Peru
stage_reached
Preparatory phase in Parliament
subtype
Consent by Parliament
type
NLE - Non-legislative enactments
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