A narrowed-down version of the ban on Russian combatants, limited to short-stay visas and those who fought directly, landed on the table of EU ambassadors meeting on Wednesday after France and Italy pushed back on the measure.
The European Union is discussing a narrower version of its proposal to ban the issuing of visas to Russian soldiers and military veterans after pushback from France and Italy, limiting the measure to short-stay visas and to those who directly took part in the fighting in Ukraine.
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The ban will form part of the EU's 21st package of sanctions against Russia over its full-scale invasion of Ukraine.
EU ambassadors are due to discuss the package on Wednesday, with the aim of adopting it by mid-July to avoid an automatic revision of the Russian oil price cap.
In recent weeks, France and Italy have objected to the full combatant ban, arguing that it should fall under visa policy rather than sanctions and warning it could create practical problems for countries that process large numbers of Russian visa applications.
To address these concerns, Ireland, which holds the rotating presidency of the Council of the EU, has proposed limiting the policy to short-stay visas.
The ban's scope has also been narrowed to target individuals who are serving or have served either in Russia's armed forces or in irregular forces controlled by or acting for Moscow. It would apply only to individuals who took direct part in the fighting in Ukraine since Russia launched its full-scale invasion in February 2022.
The original proposal was far broader, covering those who played any role in the armed forces, including administrative and logistical ones; the revised package no longer presumes an applicant took part in the war unless they can prove otherwise.
Practical problems
France and Italy had previously questioned the measure's practicality, given that Russia enforces mandatory military conscription for all male citizens aged 18 to 30, who must serve a year in the armed forces.
The exemptions have also been widened. Under the original proposal, the only exemption available was for visa applicants who could prove they were dissidents or defectors from the Russian army. The latest version also allows entry or transit for humanitarian reasons, national interest, or international obligations.
For these exceptions, the visa would be limited to the issuing EU country, meaning the holder could not travel to another member state unless that country consents.
Practical questions are still likely to surface when ambassadors meet on Wednesday, since the ban would place a significant administrative burden on consular services required to carry out case-by-case assessments.
To ease these concerns, the Commission has offered to update its guidance on issuing visas to Russian applicants and revise the supporting documents required.
However, Paris and Rome have continued to raise legal questions over whether consular services would be liable for breaches of the travel ban, potentially shouldering the burden of proof and becoming exposed to legal challenges.
The two countries have met pushback from northern and eastern European countries due to their high number of tourist visas, which have been steadily increasing since the start of the war, according to Eurostat data.
There is no official estimate of how many individuals are set to be affected by the visa ban, but the share compared to the number of total arrivals is not expected to be significant given the socio-economic background of Russian footsoldiers and the high death toll at the front.
However, EU officials have defended the move on security grounds, comparing Russian combatants to former Islamic State fighters and Balkan war criminals.