WRITTEN QUESTION P-2408/01

by Olivier Dupuis (TDI) to the Commission

(20 August 2001)

Subject: Issuing of visas to representatives of the Chechen people and other oppressed peoples of the world

In its otherwise very constructive answer to question H-0387/01(1) to the granting of visas for VIPs representing countries at war, occupied or not recognised by the international community, the Commission draws the following conclusions: the Commission cannot accept the honourable Member's suggestion that a special body should be set up within the Union institutions which would be responsible for facilitating the issuing of visas. The Community competence relating to procedures and conditions for issuing visas, which derives from Article 62(2) (b) (ii) of the EC Treaty, means only that legal provisions in these matters are now Community rules. The competence for taking the actual decision to grant or refuse a visa remains a matter for the consular services of the Member States. There is no legal possibility of superimposing on them or associating with them a specific Community body.

Does the Commission not consider that, with the joint action that will result in the Union drawing up a black list of prominent citizens of the former Yugoslavia who may not enter the territory of the Union, the Union institutions have de facto and de jure assumed a competence for the granting or refusal of visas and that the Union institutions have therefore superimposed themselves upon or associated themselves with the consular services of Member States?

In the light of this, does the Commission not consider that, in the same way as it has been led to draw up a black list, it might very well take the initiative of drawing up a white list of VIPs representing peoples who are oppressed, the victims of war and/or not recognised by the international community in order to enable them to defend the interests of their people or their community vis-à-vis any competent body located in the territory of the Union and vis-à-vis the institutions of the Union and its Member States?

Finally, could the Commission draw up a proposal for a joint action in this area and submit it to the Council and Parliament?

(1) Written answer of 15.5.2001.

Answer given by Mr Vitorino on behalf of the Commission

(17 October 2001)

Since the Amsterdam Treaty entered into force, visa policy has been covered by Title IV of the EC Treaty, but the Community's powers extend mainly to adopting the legal framework and general rules in that area. For example, pursuant to Article 62(2)(b) (ex Article 73j) of the EC Treaty, the rules on visas for intended stays of no more than three months, including the list of third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement are governed by Community law. That list is currently laid down by Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement(1). In addition, other general Comunity rules established by the Schengen acquis(2) lay down the conditions and procedures whereby visas are issued to nationals of third countries.

However, it is for the national authorities of the Member States to process each visa application submitted to them on the basis of an individual, case-by-case examination. That examination is carried out in accordance with the rules of Community law, but decisions to issue or refuse visas are invariably taken on the responsibility of the national authorities of the Member States(3).

Without prejudice to Title IV of the EC Treaty, the Member States may take joint actions pursuant to Article 14(3) of the Treaty on European Union. Within that framework, Member States may undertake jointly to either refuse visas for certain prominent citizens of third countries or to start them on a preferential basis if they take the view that such measures serve the objectives of the Common Foreign and Security Policy.

(1) OJ L 81, 21.3.2001.

(2) See the Schengen Convention and the Common Consular Instructions, OJ L 239, 22.9.2000.

(3) See points V 2,2 and V 2,4 of the Common Consular Instructions.