Статус Европейского соглашения об отмене виз для беженцев (ETS № 31) (Страсбург, 20 апреля 1959 года) [рус., англ.]

Вступление в силу: 04.09.1960

Примечания. a - присоединение; s - подписание без оговорок о ратификации; su - правопреемство; r - подписание "ad referendum".

R - оговорки; D - заявления, денонсации, частичные отмены; A - государственные органы; T - территориальное применение; C - уведомление; O - возражения.

Title European Agreement on the Abolition of Visas for Refugees

    Reference    ETS No. 031
    Opening of   Strasbourg 20/04/1959 - Treaty open for signature
    the treaty   by the member States and for accession by non-member

             States party either to the Convention relating
             to the Status of Refugees of 28/7/1951
             or to the Agreement of 15/10/1946
Entry into   04/09/1960 - 3 Ratifications.
Force

Members of Council of Europe

a: Accession s: Signature without reservation as to ratification su: Succession r: Signature «ad referendum».

R.: Reservations D.: Declarations, Denunciations, Derogations A.: Authorities T.: Territorial Application C.: Communication O.: Objection.

Denmark

Declaration made at the time of signature, without reservation as to ratification, of the instrument, on 30 November 1960 — Or. Fr.

The European Agreement on the Abolition of Visas for Refugees will enter into force in respect of Denmark on 1 January 1961.

Period covered: 01/01/1961

Articles concerned: 9

Declaration contained in a letter from the Ministry of Foreign Affairs, dated 29 December 1960, registered at the Secretariat General on 3 January 1961 — Or. Fr.

For refugees resident in a State which is not a Party to the Nordic Agreement concerning the waiving of passport control at the Inter-Nordic frontiers, signed at Copenhagen on 12 July 1957, the term «territory» shall, in so far as the right of refugees to remain in Denmark without visa and residence permit is concerned, mean the territory to which the said Nordic Agreement applies by virtue of Article 1, paragraph 2 thereof.

It should be noted that, by virtue of Article 14, the Nordic Agreement is extended, with effect from 1 January 1961, to the Feroe Islands.

Period covered: 01/01/1961

Articles concerned: 1

Finland

Declaration contained in a Note Verbale from the Permanent Representation of Finland, dated 3 January 1994, registered at the Secretariat General on 5 January 1994 — Or. Fr.

The Permanent Representation of Finland, referring to the decree which came into force in Finland on 1 January 1994, hereby informs the General Secretariat that all refugees who have been granted a travel document by France now require a visa on Finnish soil. This new policy will make practice in France and in Finland similar as from 1 January 1994.

Period covered: 01/01/1994

Articles concerned: 1

France

Declaration contained in a letter from the Permanent Representative of France, dated 15 September 1986, registered at the Secretariat General on 16 September 1986 — Or. Fr.

In pursuance of the measures which have just been taken by the Government in the field of the movement of persons, France finds itself constrained to suspend immediately, with effect from 16 September at 0 hour:

• The European Agreement on Regulations governing the Movement of Persons between Member States of the Council of Europe of 13 December 1957, in application of the provisions of its Article 7;
• The European Agreement on the Abolition of Visas for Refugees of 20 April 1959, in application of the provisions of its Article 7.

Period covered: 16/09/1986

Articles concerned: 7

Declaration contained in a letter from the Ministry of Foreign Affairs, dated 7 January 1961, registered at the Secretariat General on 9 January 1961 — Or. Fr.

The field of application of the European Agreement of 20 April 1959 on the abolition of visas for refugees which was originally limited to «metropolitan France» was recently extended to include «Algeria and the Sahara».

Persons concerned will, however, as in the past, require the special permit issued by the prefectoral or consular authorities.

Period covered: 09/01/1961 — 05/07/1962

Articles concerned: 0

Declaration contained in a letter from the Ministry of Foreign Affairs, dated 27 May 1959, registered at the Secretariat General on 28 May 1959 — Or. Fr.

With regard to the definition of the term «territory», the French Government has declared that the term refers only to «metropolitan France».

Period covered: 04/09/1960

Articles concerned: 2

Germany

Declaration made at the time of deposit of the instrument of ratification, on 6 November 1961 — Or. Fr.

The European Agreement on the Abolition of Visas for Refugees shall also apply to Land Berlin with effect from the date of its entry into force for the Federal Republic of Germany.

Period covered: 07/12/1961 — 03/10/1990

Articles concerned: 0

Hungary

Declaration from the Minister of Foreign Affairs of Hungary, dated 22 September 2009, registered at the date of deposit of the instrument of ratification, on 6 November 2009 — Or. Engl.

The Government of the Republic of Hungary interprets the term «visit of not more than three months' duration» contained in Article 1.b of the Agreement as a period of three months during the six months following the date of first entry.

Period covered: 07/12/2009

Articles concerned: 1

Ireland

Declaration contained in a letter from the Permanent Representative of Ireland, dated 12 July 2023, registered at the Secretariat General on 13 July 2023 — Or. Engl.

The Government of Ireland declares that the temporary suspension, as between Ireland and the other contracting parties, of the European Agreement on the Abolition of Visas shall remain in effect, except in so far as the provisions of Article 5 are concerned, until further notice to the Secretary General, pursuant to Article 7, paragraph 1, of the said Agreement.

Period covered: 13/07/2023

Articles concerned: 7

Declaration contained in a notification from the Minister of Foreign Affairs of Ireland, dated 18 July 2022, transmitted by a letter from the Permanent Representative of Ireland, dated 18 July 2022, registered at the Secretariat General on 19 July 2022 — Or. Engl.

Pursuant to Article 7, paragraph 1, of the European Agreement on the Abolition of Visas for Refugees, Ireland gives notice to the Secretary General of the Council of Europe of the temporary suspension of the operation of the said Agreement as between Ireland and the other Contracting Parties, except in so far as the provisions of Article 5 are concerned.

This temporary suspension shall take effect from 12:00 on Tuesday 19 July 2022, for an initial period of one year, at which time the suspension will be reviewed.

[Note by the Secretariat: This Declaration of temporary suspension has been extended until further notice. See the Declaration registered at the Secretariat General on 13 July 2023.]

Period covered: 19/07/2022

Articles concerned: 7

Italy

Reservation made at the time of deposit of the instrument of ratification, on 1 June 1965 — Or. Fr. — and withdrawn by letter from the Permanent Representative, dated 6 December 1965, registered at the Secretariat General on 10 December 1965

The application of this Agreement within the territory of the Italian Republic will not apply to refugees who had left this territory with the intention of emigrating.

Period covered: 02/07/1965 — 10/12/1965

Articles concerned: 0

Liechtenstein

Declaration made at the time of deposit of the instrument of accession, on 28 October 1969 — Or. Fr.

Settlement in the meaning of Article 5 of the European Agreement on the Abolition of Visas for Refugees shall be determined in relation to the place where the refugee's personal interests are centred. Consequently, presence on the territory of a High Contracting Party for the purpose of attending an educational establishment, convalescent home or other similar institutions shall not constitute settlement within the meaning of the said Article 5.

Period covered: 29/11/1969

Articles concerned: 5

Malta

Declaration made at the time of signature, without reservation of ratification, of the instrument, on 17 January 1989 — Or. Engl.

Settlement in the meaning of Article 5 of the European Agreement on the Abolition of Visas for Refugees shall be determined in relation to the place where the refugee's personal interests are centred. Consequently, presence on the territory of a High Contracting Party for the purpose of attending an educational establishment, medical establishment, convalescent home or other similar institution shall not constitute settlement within the meaning of the said Article 5.

Period covered: 18/02/1989

Articles concerned: 5

Netherlands

Declaration contained in the instrument of ratification, deposited on 3 August 1960 — Or. Fr.

We approve herewith, for the Kingdom in Europe, in respect of all the provisions contained therein, the European Agreement on the Abolition of Visas for Refugees.

Period covered: 04/09/1960

Articles concerned: 2

Norway

Declaration made at the time of signature, without reservation as to ratification, of the instrument, on 25 November 1960 — Or. Fr.

The European Agreement on the Abolition of Visas for Refugees will enter into force in respect of Norway on 1 January 1961.

Period covered: 01/01/1961

Articles concerned: 9

Declaration contained in a letter from the Ministry of Foreign Affairs, dated 13 December 1960, registered at the Secretariat General on 15 December 1960 — Or. Engl.

For refugees resident in a State which is not a Party to the Nordic Convention concerning the waiving of passport control at the Inter-Nordic frontiers of 12 July 1957, the term «territory» shall, in so far as the right of refugees to remain in Norway without visa and residence permit is concerned, mean the territory covered by Article 1, paragraph 2 of the above-mentioned Convention.

Period covered: 01/01/1961

Articles concerned: 2

Poland

Declaration made at the time on signature on 19 May 2004 — Or. Engl./Pol.

Settlement in the meaning of Article 5 of the European Agreement on the Abolition of Visas for Refugees shall be construed as the stay related to the transfer of the refugee's important vital interests, for which the refugee was granted a permit different than a visa in line with provisions regulating the entry, transit, stay and departure of aliens from the territory of the Republic of Poland.

Stay for which the refugee was granted a permit for the purpose of attending an educational establishment, medical establishment, convalescent home or other similar institutions shall not constitute settlement within the meaning of the said Article 5.

Period covered: 20/04/2005 — 20/04/2005

Articles concerned: 5

Portugal

Declaration contained in a letter from the Permanent Representative to the Council of Europe, dated 30 November 1981, registered at the Secretariat General on 1 December 1981 — Or. Fr.

In accordance with the provisions of Article 2 of this Agreement, the term «territory» means the portuguese territory on the European continent and the archipelagos of the Azores and Madeira.

Period covered: 13/11/1981

Articles concerned: 2

Slovak Republic

Declaration contained in Note verbale from the Permanent Representation of Slovakia, dated 24 March 2005, registered at the Secretariat General on 29 March 2005 — Or. Engl.

In accordance with Article 2 of the Agreement, Slovakia declares that the territory of the Slovak Republic is integral and indivisible, defined by State borders with neighbouring States according to the international treaties concluded by the Slovak Republic or by international treaties by which the Slovak Republic is bound.

Period covered: 29/03/2005

Articles concerned: 2

Sweden

Declaration made at the time of signature, without reservation as to ratification, of the instrument, on 30 November 1960 — Or. Fr.

The European Agreement on the Abolition of Visas for Refugees will enter into force in respect of Sweden on 1 January 1961.

Period covered: 01/01/1961

Articles concerned: 9

Declaration contained in a letter from the Permanent Representative to the Council of Europe, dated 30 November 1960, handed to the Secretary General at the time of signature, on 30 November 1960 — Or. Fr.

For refugees resident in a State which is not a Party to the Nordic Agreement concerning the waiving of passport control at the Inter-Nordic frontiers, signed at Copenhagen on 12 July 1957, the term «territory» shall, in so far as the right of refugees to remain in Sweden without visa and residence permit is concerned, mean the territory to which the said Nordic Agreement applies.

Period covered: 01/01/1961

Articles concerned: 2

Switzerland

Declaration made at the time of signature, on 29 November 1965 — Or. Fr.

Settlement in the meaning of Article 5 of the European Agreement on the Abolition of Visas for Refugees shall be determined in relation to the place where the refugee's personal interests are centred. Consequently, presence on the territory of a High Contracting Party for the purpose of attending an educational establishment, medical establishment, convalescent home or other similar institution shall not constitute settlement within the meaning of the said Article 5.

Period covered: 21/01/1967

Articles concerned: 5

United Kingdom

Declaration of suspension contained in a letter from the Permanent Representative of the United Kingdom, dated 7 February 2003, registered at the Secretariat General on 7 February 2003 — Or. Engl.

Under the provisions of Article 7, paragraph 1, of the Agreement, the United Kingdom gives hereby formal notice of its intention to suspend on public order and security grounds the operation of this Agreement. This decision will come into force at 00.01 hours on Tuesday 11 February 2003.

The Home Secretary will on [7 February 2003] announce to Parliament that he intends to suspend the operation of the Agreement on the Abolition of Visas for Refugees of 1959. This decision reflects growing concern that the holders of 1951 Convention Travel Documents, issued by signatories to the Agreement, are travelling to the United Kingdom and either remaining illegally or making asylum applications in false identities in order to access the benefits system. This undermines the integrity of our asylum process, places an unacceptable burden on the system and diverts valuable resources from those in genuine need. There are also security implications for the United Kingdom if people remain in the United Kingdom illegally.

Period covered: 11/02/2003

Articles concerned: 7

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 26 August 1968, handed to the Secretary General at the time of signature, on 26 August 1968 — Or. Engl.

For the purpose of the Agreement the «territory» of the United Kingdom shall comprise the United Kingdom of Great Britain and Northern Ireland, Jersey, Guernsey and the Isle of Man.

Period covered: 27/09/1968

Articles concerned: 2