The European Commission announced on Thursday 3 October that, in conjunction with the European External Action Service, it has sent guidance to Member States and non-EU Schengen countries on how to process visa applications from residents of the Donetsk and Luhansk regions of Ukraine, which are not under government control.
On 24 April, a Russian presidential decree made the process of issuing Russian passports to residents of areas in these two regions not controlled by the Ukrainian government easier (see EUROPE 12242/2). In response, the European Council of 20 June described the decree as “contrary to the spirit and objectives of the Minsk Agreements” and stated that it was ready to examine other options, particularly a policy of not recognising Russian passports issued in contravention of the Minsk Agreements (see EUROPE 12279/3).
According to a Commission statement, the guidelines contained in the document provide a set of standard criteria to help consulates of Member States and non-EU Schengen countries determine the actual legal residence of Russian passport holders, along with details on how to process visa applications from residents of areas not controlled by the governments of the Donetsk and Luhansk regions who hold Russian passports.
The Commission says that this should ensure the correct and consistent application of Community rules on Schengen visas in Russia and Ukraine, while taking into account the fact that Ukrainians holding a Ukrainian biometric passport can enter and travel in the Schengen area without a visa.
According to the document, under the EU Visa Code Schengen visa applicants who are legally resident in the areas involved must submit their visa applications to the Member States' consulates in Ukraine, as a general rule, irrespective of which travel document they possess.
The Commission states that Member States' consulates in Russia and Ukraine must make it clear that residents of these areas must apply for a visa at the consulate of the relevant Schengen Member State in Ukraine, and stipulates that these consulates must inform Ukrainian nationals holding a biometric passport that they do not need a visa to travel to the Schengen area.
Finally, the document provides a set of criteria to assist Member States' consulates in identifying Russian passports issued to residents of the areas in question in accordance with the Russian presidential decree of 24 April. The Commission points out that these criteria may serve as a basis for a policy of non-recognition that Member States implement in exercising their exclusive jurisdiction. (Original version in French by Camille-Cerise Gessant)