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Russia and EU Cooperation in the Sphere of the Free Movement of Persons

Russia and EU Cooperation in the Sphere of the Free Movement of Persons. Dr. Vadim Voynikov, Immanuel Kant Baltic Federal University, Kaliningrad The Center of the European Union, Chair on International and European Law e-mail: voinicov@yandex.ru International Youth Summer School

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Russia and EU Cooperation in the Sphere of the Free Movement of Persons

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  1. Russia and EU Cooperation in the Sphere of the Free Movement of Persons Dr. Vadim Voynikov, Immanuel Kant Baltic Federal University, Kaliningrad The Center of the European Union, Chair on International and European Law e-mail: voinicov@yandex.ru International Youth Summer School Russia & EU: Dialogues in the époque of Monologues July 7 - 19, 2014 Kaliningrad, Russia

  2. The content of the lecture • Visa facilitation. • EU-Russia visa free dialogue • Local Border Traffic • EU visa sanctions. • EU visa sanctions for the Russian officials. • EU visa sanctions for the Crimea residents.

  3. EU Visa statistics

  4. Current state • 3 March 2014 the Council of the European Union decided to suspend bilateral talks with Russia on visa matters as well as on the New Agreement.

  5. Visa facilitation • June 25, 2006 an agreement on the facilitation of visa procedures (entered into force July 1, 2007) Further facilitation • expanding the range of users of favorable conditions for obtaining visas; • expanding opportunities for long-term, multiple-entry visas.

  6. EU-Russia visa free dialogue • Visa facilitation and Readmission agreement; • Common Steps towards visa free short term travel for Russian and EU citizens; • Visa waiver agreement.

  7. Common Steps • Block 1: Document security, including biometrics • Block 2: Illegal migration, including readmission • Block 3: Public order, security and judicial cooperation • Block 4: External relations.

  8. The Report of 18.12.2013 on the implementation by Russia of the Common Steps (Part I) • complex rules and conditions for short and long term stays in Russia; • lengthy waiting time at some of the border crossing points between Russia and the EU; • the extremely centralized system of law enforcement and judicial cooperation in Russia; • the lack of the adequate data protection in Russia which would enable the conclusion of cooperation agreements with Europol and Eurojust; • lack of a comprehensive system to tackle trafficking in human beings;

  9. The Report of 18.12.2013 on the implementation by Russia of the Common Steps (Part II) • Russia’s liberal system of the change of the name and the anti-corruption policy . • The absence of the border control between Russia and Belarus. The lack of the sufficient cooperation between Russia and Belarus. • The system of foreigners’ registration. • Insufficient cooperation between FMS and Border Guard; • Insufficient system of the international protection. • The absence of the clear visa statistic from the Russian side.

  10. The Report of 18.12.2013 on the implementation by Russia of the Common Steps (Part III) • The lack of the comprehensive analysis of the impact of a possible visa free regime with the EU as well as of the establishment of the Customs Union on the fight against organized crime, THB, smuggling of illicit goods etc. has been prepared or is planned; • Discrimination, intolerance and xenophobia (including hate speech and incitement to racial and ethnic hatred; • the lack of legal framework on protection from discrimination on grounds of sexual orientation as well as the legislation prohibiting the propaganda of non-traditional sexual relation.

  11. Local border traffic • Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention. • Regulation (EU) No 1342/2011 of the European Parliament and of the Council of 13 December 2011 amending Regulation (EC) No 1931/2006 as regards the inclusion of the Kaliningrad oblast and certain Polish administrative districts in the eligible border area. • Agreement between the Government of the Republic of Poland and the Government of the Russian Federation on the Rules of Local Border Traffic, 14 December 2011, Moscow.

  12. The LBT features • The territorial scope of the LBT – Border area within a 30 km/ 50 km. The special rules on RU-PL border. • The participants – Border residents (including TCN) • Conditions: 1) Local border permit (no visa); 2) No alerts in SIS. 3) No threat to public policy, internal security or IR. • The place of the border crossing 1) border crossing points (BCP), including special BCP for LBT or special lines for LBT 2) in certain circumstances – outside of the BCP

  13. Local Border Zone http://www.intellika.info/publications/1713/

  14. The EU Visa sanctions • Visa bans on Russian Officials Article 29 (ex Article 15 TEU) • The Council shall adopt decisions which shall define the approach of the Union to a particular matter of a geographical or thematic nature. Member States shall ensure that their national policies conform to the Union positions 2. EU visa difficulties for the Russian residents in Crimea.

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