Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the Agreement between the European Union and the Federative Republic of Brazil amending the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of ordinary passports

1. This Explanatory Memorandum (EM) relates to proposals from the Commission to amend the Agreement between the European Union and the Federative Republic of Brazil on the short-stay visa waiver for holders of ordinary, diplomatic, service and official passports. These documents seek council approval to both conclude the agreements and empower a person to sign the agreements on behalf of the European Union.

2. Council Regulation (EC) No 539/2001 lists the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States and those whose nationals are exempt from the requirement. Regulation (EC) No 539/2001 applies to all Member States with the exception of Ireland and the United Kingdom. Brazil is on the visa-free list.

3. Regulation (EU) No 610/2013 of 26 June 2013 of the European Parliament and of the Council re-defined the concept of ‘short-stay’ for third-country nationals in the Schengen area. The definition of ‘short-stay’ was changed from ‘three months during a six-month period from the date of first entry’ to ‘90 days in any 180-day period’. The old definition of ‘short-stay’ is, however, still referred to in the visa waiver agreements the European Union concluded with a number of countries, including Brazil. The Commission is proposing an agreement to amend the definition of ‘short-stay” in the EU/Brazil visa waiver agreement.