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Summary of Treaty


GENERAL DATA
Official Title Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports
Type of Agreement Bilateral
Place of Signature Brussels
Date of Signature 08/11/2010
Date of Entry Into Force 01/10/2012
Duration Indefinite
Objective of Agreement The EU-Brazil agreement gives reciprocal access to visa-free travel for short stays for all Brazilian and EU citizens holding an ordinary passport. European citizens were already exempt from the visa obligation by Brazil, with the exception of the citizens of Estonia, Cyprus, Malta and Latvia. In order to safeguard equal treatment of all EU citizens and to pass a clear message to Brazil and to safeguard the existing bilateral agreements, a unilateral declaration has been made by the EU and sent to Brazil in form of a letter on 5 February 2010 that the European Union might suspend the agreement if Brazil starts denouncing the existing bilateral agreements. This approach has been endorsed by Member States as well at the Visa Working Party of 20 January 2010.
Remarks It stems from the nature of the common visa policy and the exclusive external competence of the European Union in this area that only the Union can negotiate and conclude a visa waiver agreement, and not the individual Member States. The Contracting Parties agreed to conclude two separate agreements: one on ordinary passport holders and the other on diplomatic and service passport holders, since the agreement on diplomatic and service passport holders does not need to be ratified by the Brazilian Congress, thus its ratification can go quicker and separately from the agreement on ordinary passport holders. The two purposes "tourism" and "business" are widely defined in the agreement, including e.g. sportsmen and artists provided that no remuneration is received for their activity, and also certain disputed categories, such as family visits or official meetings, which will also be covered by the categories of "tourists" and "business people" respectively. These two categories covered by the EU-Brazil agreement would cover 90-95 % of all the travelers. The visa-waiver agreement with Brazil provides: – short-stay visa-free travel for visits of up to three months in a six months period to the Schengen area and to Romania, Bulgaria and Cyprus for Brazilian nationals and to Brazil for EU citizens on a reciprocal basis with a more limited scope than the existing visa regime at present under Regulation 539/2001, i.e. the agreement would basically only apply to tourists and business people; – a clause maintaining the existing bilateral visa waiver agreements in so far as they establish visa-free travel to Brazil for the categories of persons not covered by the EU agreement; – and that as far as Brazilian nationals are concerned, the agreement can only cover visits to the Schengen area and to Romania, Bulgaria and Cyprus, and should apply irrespective of their point of departure and their place of residence. As far as EU citizens are concerned, the agreement should apply irrespective of their point of departure and their place of residence when travelling to Brazil. A series of categories (e.g. students, researchers, artists, religious people etc., which are defined by the Brazilian national law) are excluded from the scope of the agreement. The agreement provides that the bilateral agreements concluded between Brazil and the Member States covering such other categories not covered by the EU-Brazil agreement continue to apply insofar as they provide for visa waiver for those categories. This way EU citizens falling under other categories (than tourism and business) covered by the bilateral agreements, can continue to benefit from the visa waiver under these bilateral agreements. The category of persons travelling for the purpose of carrying out a paid activity is also excluded from the scope of the Agreement. For this category, each Member State and also Brazil remain free to impose the visa requirement on the citizens of the other Party in accordance with the applicable Union or national law, or in accordance with bilateral agreements, which cover this category. With regard to the visa waiver agreement for ordinary passport holders, preserving the bilateral agreements, in so far as they establish visa-free travel for categories of persons not covered by the EU-Brazil agreement, is part of the overall package deal with Brazil, which was agreed in Brasilia, in accordance with the mandate. In consequence, the EU-Brazil agreement does not reduce the access to visa free travel to Brazil for the citizens of Member States having a bilateral agreement with Brazil, but basically maintains the status quo for these citizens. 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 Brazil to stay for three months on the territory of each of those Member States (Cyprus, Bulgaria, Romania), independently of the period calculated for the whole Schengen area.
Relation and Association with Other Agreements -Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of diplomatic, service or official passports
OJ Reference L 255, 21/09/2012, p. 4
Contracting Parties European Union, Brazil
Authentic Texts Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian , Slovakian, Slovenian, Spanish, Swedish
Subject Matters Justice, freedom and security
South America
Clause(s)
Amendment and review Article 9(3) Agreement
Authentic Texts Article Final Agreement
Duration (Conditions) Article 9(2) Agreement
Entry into force conditions Article 9(1) Agreement
Ratification Conditions Article 9(1) Agreement
Suspension / Termination Article 9(4-7) Agreement
Management Committee of experts (Article 6)
EU PARTICIPATION
Ratification Status R
Conclusion Decision Council Decision of 24 February 2011 on the conclusion of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports; OJ L255 of 21/09/2012, p.3
Competence Exclusive
Representation in Management Bodies European Commission
Voting Right(s)
Other: consensus, no provision Agreement
Legal Basis Treaty FEU: Article 77(2)(a)


Last Update :   20/02/2013