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Summary

Application of art. 52 to 55 of the Constitution. Andorra's principality gained international sovereignty in 1993. Its geographic enclavement as well as the historical ties recalled in the Treaty "of Good Neighbourhood, Friendship and Cooperation" between the French Republic, the Kingdom of Spain and the Principality of Andorra of 01-06-1993 and the suppression of border controls have prompted the 3 States to draw the consequences of this change of international status by defining rules in the field of the circulation, residence and establishment of their third nationals and nationals of state. This is how France, Spain, and Andorra signed on 04-12-2000 in Brussels two conventions, one relating to the entry, circulation, stay and establishment of their nationals, the other relating to the movement and stay in Andorra's Principality of third-country nationals, ending at 5 years of negotiations. The agreement between the French Republic, the Kingdom of Spain, and the Principality of Andorra concerning the entry, circulation to the residence and establishment of the nationals of the 3 states aims to establish in this matter greater legal security, facilitates the circulation and installation of French and Spanish nationals in Andorra and Andorran nationals in France and Spain. It makes substantial improvements to the conditions of residence and employment of our nationals, including the conditions for the exercise of liberal professions and of employee and non-employed activities, which will allow our compatriots to invest in Andorran businesses if they can justify an effective and uninterrupted residence in the Principality of 10 years instead of 20 currently. This convention also allows our compatriots to access Andorran public sector jobs in more favourable conditions than other foreigners. The agreement between the French Republic, the Kingdom of Spain, and the Principality of Andorra concerning the circulation and stay in Andorran Principality of third-country nationals, established close cooperation between the three Contracting States in the issue of visas and residence permits, taking into account their mutual concerns according to the nationality of third-party nationals. It aims to remedy the disparity created by the application by France and Spain of the "Schengen" device in respect of conditions of entry, circulation and residence of foreigners, while Andorra is not bound by this text. Thus requests for the establishment in Andorra of citizens outside the European Union will be exchanged information from the Spanish and French authorities prior to the decision to accept the application. This cooperation will allow Andorran residence holders to circulate freely in France and Spain. Although these conventions do not provide for strict reciprocity, they are nevertheless a real step forward in relation to the previous situation. They mark a stage in the relations between the 3 states, new steps to be taken in the expanded framework of negotiations between the Principality of Andorra and the European Union. The ratification of these agreements was authorized by Act 2003- 218 of 13-03-2003; Our Andorran and Spanish partners made this formality in June 2001. The instruments of ratification were deposited with the Government of the Principality of Andorra on 22-05- 2003. This agreement will enter into force on 01-07-2003.

Keywords

AFFAIRES , INTERNATIONAL AGREEMENT , BILATERAL AGREEMENT , MULTILATERAL AGREEMENT , FRANCE , SPANISH , ANDORRE , RATIFICATION , CONVENTION , CONDITION OF ENTREE , CONDITION OF SEJOUR , CIRCULATION OF PERSONS , CIRCULATION LIBRE , FAMILY

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JORF n°180 of 6 August 2003 page 13558
text No. 21



Decree No. 2003-739 of 30 July 2003 on the publication of the agreement between the French Republic, the Kingdom of Spain and the Principality of Andorra concerning the entry, movement, residence and establishment of their nationals, signed in Brussels on 4 December 2000 (1)

NOR: MAEJ0330054D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/7/30/MAEJ0330054D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/7/30/2003-739/jo/texte

President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to Act No. 2003-218 of 13 March 2003 authorizing the ratification of the convention between the French Republic, the Kingdom of Spain and the Principality of Andorra concerning the entry, movement, residence and establishment of their nationals, signed in Brussels on 4 December 2000;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
In view of Decree No. 95-136 of 3 February 1995 on the publication of the Treaty of Good Neighbourhood, Friendship and Cooperation between the French Republic, the Kingdom of Spain and the Principality of Andorra, signed in Paris on 1 June 1993, in Madrid on 1 June 1993 and in Andorra on 1 June 1993,
Decrete:

Article 1

The agreement between the French Republic, the Kingdom of Spain and the Principality of Andorra concerning the entry, movement, stay and establishment of their nationals, signed in Brussels on 4 December 2000, will be published in the Official Journal of the French Republic.

Article 2

The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

Annex

C O N V E N T I O N

BETWEEN THE FRENCH REPUBLIC, THE SPANISH ROYAL AND THE PRINCIPLE OF ASSISTANCE RELATING TO THE STRENGTHEN, TO THE CIRCULATION, TO THE SELF AND TO THE STRENGTHENING
The French Republic, the Kingdom of Spain and the Principality of Andorra,
Taking into account the particular geographical location of the Principality of Andorra and the historical links between the three states;
Considering the desire to maintain the quality of existing relations, inherited from history, favourable to their respective nationals, in accordance with the Treaty of Good Neighbourhood, Friendship and Cooperation between the three States of 1 and 3 June 1993;
Also taking into account the agreements relating to the suppression of control of persons at the common borders in force between the French Republic, the Kingdom of Spain and other States;
Considering, without prejudice to the importance of other areas, that it is appropriate in a priority manner to facilitate both the movement and the establishment of Andorran nationals in the French and Spanish territories and French and Spanish nationals in the Andorran territory,
agreed on the following provisions:

Article 1

For the purposes of this Convention, the term "Contracting Parties" means, on the one hand, the Principality of Andorra, on the other hand, the French Republic or the Kingdom of Spain.
For the French Party, this Convention applies to the departments of the French Republic.
For the purposes of this Convention, persons established in the territory of one of the Contracting Parties shall be persons holding a "residence". The term "residence" means any type of document issued by the competent authorities of each of the Contracting Parties which gives the right, in the territory of the Contracting Parties, to reside and carry on work, wage or non-employed, or to reside in it without exercising professional activity. It does not apply to the border worker's card or to the temporary residence permit.

Article 2

For the entry and stay of a period not exceeding ninety days, nationals of a Contracting Party shall have access, without a visa, to the territory of the other Party on the simple presentation of a national identity document, passport or other valid travel document, and may circulate freely in accordance with the law of the host State.

Article 3

For a stay of more than ninety days in the territory of a Contracting Party, nationals of the other Party must be in possession of a residence permit whose validity is fixed in accordance with the law of the host State.

Article 4

Without prejudice to the provisions of Article 7, paragraphs 3 and 4, and Article 9, the conditions of establishment applied to Andorran nationals in the territory of the other Party are at least as favourable as those that France and Spain apply to nationals of the Member States of the European Union.
French and Spanish nationals can settle in Andorra in accordance with Andorran legislation. The conditions of establishment applied to French and Spanish nationals are always at least as favourable as those that Andorra applies to nationals of any other State.
At the time of their renewal, the residence permits issued have at least the duration of the securities they replace.
The above provisions apply under the conditions set out in Articles 5, 6, 7, 8 and 9 of this Convention.

Article 5

Students and students of a Contracting Party shall have access to the training and educational institutions of the other Party under the same conditions as the nationals of the latter, provided that they justify coverage for the health, maternity and accident risks, and sufficient resources, in accordance with the legislation or regulations of the host State.

Article 6

Nationals of a Contracting Party wishing to establish themselves in the territory of the other Party without exercising any profitable activities shall meet the conditions set out in the legislation or regulations of the host State, in particular with regard to their resources. They must also justify coverage of health, maternity and accident risks.

Article 7

Nationals of a Contracting Party established in the territory of the other Party, in accordance with Article 4 of this Convention, may exercise any employment activity under the same conditions as nationals of the latter.
French and Spanish nationals who may justify, in accordance with Andorran legislation, an effective and uninterrupted residence in Andorra for a minimum of ten years, may, under the same conditions as Andorran nationals, exercise any non-employed professional activity, excluding the liberal professions, participate in the capital of Andorran commercial companies and exercise their functions of administration or representation.
Nationals of a Contracting Party may practise a liberal profession in the territory of the other Party under the conditions established by the legislation or regulations of the host State.
Notwithstanding the provisions of the two preceding paragraphs, the exercise in Andorra of a non-employed activity by French and Spanish nationals, as well as the exercise of a liberal profession by nationals of a Contracting Party in the territory of the other Party, shall be governed by the more favourable provisions that may be agreed in this regard between the Principality of Andorra and the European Community.
Each Contracting Party shall ensure, between its nationals and those of the other Party which legally carry on a work activity in its territory, equal treatment in terms of working conditions, in accordance with the legislation of the host State.
French and Spanish nationals who may justify an effective and uninterrupted residence and the exercise of a professional activity, whether waged or non-employed, in Andorra, for a minimum of five years, in accordance with Andorran legislation, shall be entitled, at the time of renewal of their residence permit, to a title of the longest duration provided by Andorran legislation, without prejudice to public health or public safety reasons.

Article 8

Access to public sector employment whose powers are not separable from the exercise of sovereignty or involve direct or indirect participation in the exercise of prerogatives of public power of the State or other public authorities is reserved for nationals.
Andorra's Principality can reserve access to public sector jobs to its nationals during a first competition. This competition is also open to French and Spanish nationals active in the Andorran public sector. In the event that these jobs would not be filled at the end of the first competition, all French and Spanish nationals will be able to compete in a second competition under the same conditions as Andorran nationals.
Each Contracting Party shall ensure between its nationals and those of the other legally established Party engaged in activities within the public sector, equal treatment in terms of access to employment, working conditions, and, in particular, with regard to the renewal of their employment contract.

Article 9

The right to settle with the holder of the right of residence established in the host State shall be:
(a) The spouse and their descendants under the age of 21 or dependent;
(b) The ascendants of the holder of the right of residence and his or her spouse who are at his or her expense.
These provisions apply provided that the holder of the right of stay referred to in sections 5 and 6 and the members of his or her family who come to join him have sufficient resources and social coverage.
(b) of this article does not concern students.
The residence permits issued to family members are of the same nature and have the same duration as those of the holder they come to join.
These provisions do not apply to temporary workers and border workers.

Article 10

The provisions of this Convention shall apply to nationals of each Contracting Party, without prejudice to the more favourable provisions in force on the date of the signing of this Convention concerning access to the public service and regulated professions.

Article 11

Nationals of a Contracting Party who legally reside in the territory of the other Party may only be expelled on public, security or public health grounds, in accordance with the legislation of the host State.

Article 12

The provisions of this Convention shall not affect the right of each Contracting Party to take the necessary measures to maintain public order, to protect public safety and health.

Article 13

The items not covered by this Convention shall be governed by the respective legislation of each Contracting Party.

Article 14

Issues that may arise in the application of this Convention will be considered in a tripartite joint commission. The Joint Commission shall meet as necessary, at the request of one of the Contracting Parties, formulated by diplomatic means.

Article 15

This Convention shall be concluded for an unlimited period and may be denounced by a Contracting Party, by diplomatic means, with a notice of six months. The denunciation by the French Republic or the Kingdom of Spain does not affect the continuation of this Convention between the other two Parties.
This Convention shall enter into force after the completion of the internal procedures required for each Contracting Party. Each Contracting Party shall notify the other two Parties of the performance of such procedures with respect to it. Notifications will be filed in the archives of the Principality of Andorra.
This Convention shall enter into force on the first day of the second month following the date of receipt of the last notification.

Article 16

This Convention, written in a single copy, in the French language, in the Spanish language and in the Catalan language, shall be deposited in the archives of the Principality of Andorra, which shall issue a certified copy to the other two Parties.
In faith, undersigned Plenipotentiaries have affixed their signature at the bottom of this Convention.
Done in Brussels on 4 December 2000.

For the French Republic:
Hubert Védrine,
Minister for Foreign Affairs
For the Kingdom of Spain:
Josef Pique,
Minister of External Relations
For the Principality of Andorra:
Albert Pintat,
Minister of External Relations

Done in Paris on 30 July 2003.

Jacques Chirac

By the President of the Republic:

The Prime Minister,

Jean-Pierre Raffarin

Minister of Foreign Affairs,

Dominique de Villepin

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