WRITTEN QUESTION E-1905/01

by Pere Esteve (ELDR) to the Commission

(28 June 2001)

Subject: Unsatisfactory treatment of two Scottish tourists in Majorca

In May 2001 two elderly Scottish tourists were robbed on their arrival at Palma de Majorca airport and their handbags, documentation and passports were taken.

The two women wished to report the theft to the Spanish police at the passport control terminal of the airport. They also asked to contact their consulate in order to obtain a provisional passport, since their passports had been stolen.

The Spanish authorities refused to listen to the arguments put by these two European citizens, or the explanations given by the tour representatives. The Spanish police merely informed the two tourists that they must leave the island and the Spanish state because they had no passports. They were thus informed of their immediate deportation on the next flight to Scotland, which was due to leave the next day at 5 a.m. local time.

One of the women, who is 92, had to spend the night on a hard chair in the airport under Spanish police guard. She has still not recovered from the trauma suffered that night.

As a result of the theft of their documentation and the negligent attitude of the Spanish authorities, these two European tourists were unable to continue their journey, received unsatisfactory treatment and were deported.

On other occasions the EU has adopted special measures in favour of tourists, facilitating the crossing of borders and enhancing their safety and that of their property. The European Parliament has called for greater protection of tourists' interests.

The European Parliament has also spoken in favour of securing the greatest possible freedom for all individuals at the Union's internal borders.

Given the serious incident at Palma de Majorca airport, and bearing in mind the acquis commaunautaire with regard to both tourism and the free movement of persons, what is the Commission's view of the above incident, assuming that the facts are confirmed? Will the Commission lodge a formal complaint with the government representative in the Balearics, who is responsible for the Spanish police? Would it consider it appropriate for the Spanish police or authorities to compensate for the harm caused to these elderly Scottish tourists, or to rectify it in some way?

Answer given by Mr Vitorino on behalf of the Commission

(7 September 2001)

The Commission regrets the treatment which, according to the Honourable Member, was received by two Scottish tourists from the Spanish authorities following the theft of their passports and documentation on arriving at Palma de Majorca airport in May 2001.

Article 18 (formerly Article 8a) of the EC Treaty lays down the right of every citizen of the Union to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the EC Treaty and by measures adopted to give it effect. Community legislation on the right of residence stipulates that Member States must admit nationals of other Member States and the members of their family into their territory against presentation of a valid identity card or passport.

On the basis of that legislation, only persons carrying a valid passport or identity card enjoy right of residence. Community legislation does not provide for measures which the Member States may adopt in the event that these documents are not available.

However, the Commission takes the view that Member States should, in accordance with the principle of proportionality, show flexibility and allow persons enjoying the right of residence to prove their identity by other means before deporting them. To this end, the proposal for a Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, adopted by the Commission on 23 May 2001(1), lays down that, where a Union citizen or family member does not have the necessary travel documents, the Member State concerned must, before turning them back, give such persons every opportunity to obtain the necessary documents or have them brought to them or to corroborate or prove by other means that they are covered by the right to freedom of movement.

In view of the circumstances of the case at issue, the decision to deport the tourists without giving them any such opportunity, in particular the opportunity to contact their consulate in order to obtain provisional documentation, would seem disproportionate. The Commission intends to approach the Spanish authorities concerning this alleged incident.

(1) COM(2001) 257 final.