Regulation (EU) No 509/2014 of the European Parliament and of the Council1 transferred the reference to the Kingdom of Tonga from Annex I to Annex II to Council Regulation (EC) No 539/20012.

That reference to the Kingdom of Tonga is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Kingdom of Tonga for the conclusion of an agreement between the European Union and the Kingdom of Tonga on the short-stay visa waiver (the ‘Agreement’).

Negotiations on the Agreement were opened on 19 November 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 29 May 2015 by the Kingdom of Tonga and on 10 June 2015 by the Union.

The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the day following the date of signature thereof, pending the completion of the procedures for its formal conclusion.

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC3; the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC4; Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,