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EU-Russia Visa Facilitation and Liberalization: State of Play and Prospects for the Future
Executive summary
On the occasion of the May 2003 Saint Petersburg EU-Russia Summit, the EU and Russia agreed to examine the conditions for visa-free travel as a “long-term perspective”. Ten years later, preparations for the introduction of a visa-free regime still continue within the context of the EU-Russia visa dialogue. The most important outcome of this dialogue is the adoption of ‘Common Steps towards visa free short travel of Russian and EU citizens’ in December 2011. The Common Steps, which were released to the public only in March 2013, include a list of actions to be
implemented by Russia and the EU in preparation of negotiations for the conclusion of a visa waiver agreement providing for the abolition of the visa requirement for holders of biometric passports and limited to short-term travels (stays of maximum 90 days in every 180 day period). In anticipation of the start of negotiations on such an EU-Russia visa waiver agreement, both partners aim at the further facilitation of the existing visa regime. A ‘first generation’ visa
facilitation agreement (VFA) entered into force in 2007, in parallel with an agreement on readmission. An upgrade of the VFA in order to further simplify visa requirements for short-term travels is currently on top of the agenda of the EU-Russia Strategic Partnership and is one of the (many) obstacles on the bumpy road towards visa free travel in the future. Despite the flexibilities offered within the context of the Schengen acquis, Russian legislation and the EU-Russia VFA, travelling between Russia and the EU remains a complex exercise. Based upon an analysis of existing practice, a number of remaining challenges can be identified. First, the use of harmonized lists of documents and procedures could be further improved in order to ensure the equal treatment of all visa applicants. It is argued that an effective facilitation of the entire application procedure requires a more efficient use of electronic means of communication. Second, the EU Member States and Russia increasingly rely on external service providers which de facto increases the cost of the visa application procedure and entails risks for the equal treatment of visa applicants. Hence, it is of crucial importance that the staff working at visa centers is well-trained and aware of the sometimes subtle interpretations of the EU-Russia VFA and relevant national legislation. Third, multiple-entry visas with a long term of validity (up to 5 years) are rarely used under the existing visa arrangements. Yet, the more flexible use of such multiple entry visas could significantly facilitate the life of frequent travelers, on the one hand, and limit the
workload of consulates and visa centers, on the other hand. Fourth, visa applicants are often unaware about their rights or the options to benefit from a facilitated regime, including the possibility to apply for a multiple entry visa. Moreover, notwithstanding the existence of a formal right of appeal against visa application refusals, it appears very difficult in practice to launch such a procedure due to a number of practical obstacles such as lack of information, language barriers etc. Hence, there is a need to even better inform visa applicants about their rights and to provide
alternative methods to ensure that these rights are respected in practice. With regard to the process of visa liberalization, there is a clear discrepancy in the position of the Russian Federation and the European Union concerning the interpretation of the Common Steps, in particular as far as the fourth block on ‘external relations’ is concerned. Whereas from a Russian perspective, the latter block is more political in nature and, therefore, considered of less importance in comparison to the technical preparations for introducing the visa free regime as defined within the other three blocks, considerations such as respect for fundamental rights and freedoms are crucial concern for many EU Member States and representatives within the EU institutions. It is argued in this report that only the use of clearly defined benchmarks, essentially focusing on the management of migration flows and security, can make the introduction of a visa free regime for short-term travel a realistic perspective.
