EN Official Journal of the European Union CE 88/581

(2004/C 88 E/0594)

WRITTEN QUESTION E-3512/02

by Herman Vermeer (ELDR) to the Commission

(10 December 2002)

Subject: Problem of mutual recognition in the port of Antwerp involving a visa issued by a Schengen state

As of 1 October 2002 the Vision list has been distributed in the port of Antwerp. The nationalities included on the Vision list must register using a so-called STVZ form and may not travel on to another Schengen Member State. They may leave Belgium in order to return to their country of origin or they may be deported to non-Schengen countries such as the United Kingdom or Switzerland. The rule also applies in reverse. Seamen holding one of the nationalities on the Vision list and seeking to enter Belgium via Amsterdam (Schiphol) Frankfurt or Paris are being turned away at the Belgian border, preventing them from checking whether their ship is docked in a Belgian port. They are thus being forced to enter Belgium either directly or via a non-Schengen country, such as Switzerland or the United Kingdom. The result of this requirement to register is that the Belgian border police no longer recognises a visa issued by a Schengen partner. To my mind, this runs counter to the agreements concluded between and by the Schengen countries.

Will the Commission, as guardian of the Schengen Convention, examine this matter more closely and clarify it? To what extent has the Vision list been drawn up by the Belgian authorities in keeping with the terms of the Schengen Convention? What criteria have the Belgian authorities employed when placing countries on that list? Why may nationalities on the list enter Belgium directly or via non-Schengen countries? Does this Vision list in fact constitute a hidden support measure for the national airport in Brussels? Can the Commission clarify this matter?

Supplementary answer given by Mr Vitorino on behalf of the Commission

(2 July 2004)

Having analysed the information received from the competent authorities, the Commission can provide the Honourable Member with the following further information:

— first, the Commission can confirm the information provided in its initial answer, namely that the Vision list' referred to by Honourable Member concerns the exchange of information between the States applying the Schengen ‘acquis’ on third countries subject to prior consultation under Annex 5B to the Common Consular Instructions;

— seamen subject to the visa requirement who are classed as aliens and cannot be granted a visa without prior consultation may, exceptionally, be issued at the border a visa limited to the territory of the issuing State. This possibility, which results from the two Executive Committee decisions referred to in the initial answer, is retained under the current arrangements established by Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of such visas to seamen in transit (1), which repeals those two decisions;

— as such, the circumstances referred to by the Honourable Member do not indicate therefore a problem with the recognition of visas issued by another Schengen State but are fully in line with the existing rules. The only way these seamen can enter the territory of a given Schengen State (Belgium in this instance) is by entering Belgian territory direct from a third country on being issued with a limited visa for the territory of that State, in so far as they meet the requisite conditions;

— according to information provided by the Belgian authorities, the STZV form is a working document which is filled in by the shipowners' representatives, is required for all seamen and is intended for the border control authorities. It provides certain information on the seaman, namely his identity, the travel documents in his possession, his vessel and so on. This information is a prerequisite for a visa to be issued. It is also required by the aforementioned Council Regulation (EC) No 415/2003 (see the form in Annex II to the Regulation).

(1) OJ L 64, 7.3.2003.