WRITTEN QUESTION E-2279/01

by Cecilia Malmström (ELDR) to the Commission

(31 July 2001)

Subject: Processing of visa applications at embassies of Schengen countries

When the Schengen agreements came into force all countries within the Schengen area introduced a uniform short-stay visa which can be issued at any Schengen country's embassy in third countries. The joint visa allows nationals of third countries subject to visa requirements to travel freely within the Schengen area for the duration of the visa.

Although the common visa applies in all Schengen countries many non-Community nationals wishing to travel to the EU are encountering problems as the Schengen visas in practice are only being issued by the embassy of the country to which the applicant intends to travel or from which the invitation was issued. This raises problems in several countries in south-eastern Europe for example where not all Schengen countries are represented by embassies in each individual country, but often by consulates. Even if the consulate is unable to issue the visas, applicants are being refused assistance by the other Schengen country embassies and referred to the nearest embassy of the country of destination. For example, residents of Macedonia are obliged to travel to Belgrade, a journey of 500 km, to apply for visas to Sweden.

The point of the Schengen uniform visa system was that people should be able to travel freely across the borders within the European Union, but the application procedure should also be simplified if the same visa applies in all the countries. One way of simplifying the procedure would be to require all Schengen country embassies to process visa applications for all countries within the Schengen area.

What does the Commission intend to do to allow nationals of non-Community countries subject to visa requirements to apply for Schengen visas at any embassy in their home country, regardless of the country of destination, and thus simplify the application procedure?

Answer given by Mr Vitorino on behalf of the Commission

(13 September 2001)

The power of States to issue a uniform visa valid throughout the Schengen States is conferred in accordance with the principles laid down by Article 12 of the Schengen Implementing Convention concluded on 19 June 1990(1). Detailed rules for determining the Member State responsible for receiving and processing an application for a uniform visa are laid down by the Common Consular Instruction adopted by decision of the Schengen Executive Committee SCH/Com-ex (99) 13.1

Under these rules, the State empowered to examine an application for a uniform visa is the State which, in view of the purpose of the journey and of the evidence presented in support of the application, appears to be the principal destination. When the circumstances of the planned journey do not make it easy to designate a State as the principal destination, the State empowered to examine a visa application is the State of first entry, at whose border the applicant will enter the Schengen area.

In cases like the one mentioned by the Honourable Member, where a Member State has no diplomatic or consular representation in a non-member country, it can arrange to be represented by another Member State for the purposes of issuing Schengen uniform visas, on the basis of bilateral agreements between Member States.

(1) OJ L 239, 22.9.2000.