EN Official Journal of the European Union CE 78/258

(2004/C 78 E/0259)

WRITTEN QUESTION E-3320/03

by Glyn Ford (PSE) to the Commission

(10 November 2003)

Subject: Transit visas in the EU

In reference to answer E-2738/03 (1), would the Commission care to comment on whether or not an expensive transit visa, not for landing but for transit only, imposed by a Member State would be likely to distort travel patterns of passengers as they move through the EU?

Answer given by Mr Vitorino on behalf of the Commission

(15 December 2003)

With regard to the question of airport transit visas (ATVs) raised by the Honourable Member, the Commission would like to make the following points:

— As a general rule, travellers passing through the international transit area of an airport without actually entering the national territory of the country concerned do not need to be in possession of a visa. The Chicago Convention of 7 December 1944 on International Civil Aviation, and in particular Annex 9 thereof, establishes the principle of free transit passage through the international areas of airports. Exceptions may nevertheless be made to this general principle by notifying the International Civil Aviation Organisation (ICAO), which means that nationals of certain third countries may be required to be in possession of airport transit visas. The decision to require nationals of certain third countries to hold an ATV is prompted by considerations to do with the control of illegal immigration and national security.

— As far as the Member States are concerned, Joint Action 96/197/JHA of 4 March 1996 (2) established, in the Annex thereto, a joint list of third countries whose nationals must be in possession of an ATV. The countries are Afghanistan, Ethiopia, Eritrea, Ghana, Iraq, Iran, Nigeria, Somalia, Sri Lanka and Zaire. The Joint Action does not contain any provision relating to the fees to be charged for the issue of visas of this type.

— The Member States which apply the Schengen ‘acquis’ in full (3) subsequently harmonised their policy in this area, adding two more countries (Bangladesh and Pakistan) to the joint list and providing that holders of travel documents issued by third countries included in the joint list are also subject to that requirement (4). Conversely, where the nationals in question hold a residence permit issued by a Member State of the European Economic Area or by certain other third countries (5), they are exempted from the ATV requirement.

— The Schengen States have also harmonised the fee to be charged for processing applications for ATVs, which is currently EUR 10 (6). Council Decision 2003/454/EC of 13 June 2003 (7), which Member States must apply from 1 July 2005 at the latest, raised the fee to EUR 35. According to the information in the Commission's possession, only France has so far applied the Decision (since 1 October 2003).

— In the case of nationals of third countries not on the joint lists, Member States remain free to decide whether or not to require an ATV.

— The Commission is aware that certain Member States have recently made the ATV compulsory for nationals of several third countries that do not appear on the joint lists. It notes that the introduction of visas of this type was prompted by the need to step up action to combat illegal immigration and avert threats to law and order and security.

(1) OJ C 65 E, 13.3.2004.

(2) OJ L 63, 13.3.1996.

(3) All Member States except the United Kingdom and Ireland.

(4) Annex 3, Part I, of the Common Consular Instructions (CCI), OJ C 313, 16.12.2002.

(5) In particular Andorra, Canada, Japan, Monaco, San Marino, Switzerland and the United States: Annex 3, Part III, of the CCI, ibidem, pp. 33-34.

(6) Annex 12 of the CCI, ibidem, p. 65.

(7) Council Decision 2003/454/EC amending Annex 12 of the Common Consular Instructions and Annex 14a of the Common Manual on visa fees, OJ L 152, 20.6.2003.