WRITTEN QUESTION P-3823/02

by Claude Moraes (PSE) to the Commission

(20 December 2002)

Subject: Freedom of movement for Palestinians within the EU

A constituent of mine raised the following concerns regarding the freedom of movement within Europe of Palestinian refugees with European spouses. Although she has German citizenship, making travel plans for her husband and herself to visit family in her homeland is continually frustrating and difficult.

Palestinian refugees who fled the Arab-Israeli conflict in what was previously Palestine to the refugee camps of Lebanon, Syria, Jordan, Egyptian-run Gaza and the Palestinian territory of the West Bank from 1948 onwards have since been refused the right of return by Israeli authorities. Unable to acquire the nationality of a third state, refugees and their descendants have been forced to assume a stateless status. The freedom of movement of these refugees even those married to European citizens, is severely restricted worldwide. Whilst it is possible for Palestinians with European spouses to be granted residence in some EU states, travelling to other EU states remains complicated and restrictive. Travel documents issued to Palestinian refugees in Lebanon, for example, are not recognised by most EU countries and are subject to exceptional passport-recognition procedures for visa applications.

What plans does the Commission have to review residency and asylum policies in the EU and to consider changes to grant Palestinians and other displaced or stateless persons married to EU citizens greater freedom of movement within the EU and the ability to apply for long-term visas?

Does it agree that the question of displaced persons, especially those married to EU citizens, needs to be discussed more actively by the EU in the field of immigration and freedom of movement within Europe?

Answer given by Mr Vitorino on behalf of the Commission

(6 February 2003)

In the case described by the Honourable Member, two different fields of Community legislation apply each with specific implications.

1. Community Legislation in the area of free movement of Union citizens and members of their families

Article 18 of the EC Treaty lays down the principle of the right of citizens of the Union to move and reside freely within the territory of the Member States. According to existing Community legislation, notably Council Directives 68/360/EEC and Council Directive 73/148/EEC(1), this right also applies to members of the family who accompany him or her and who do not have the nationality of a Member State, including stateless persons.

The members of the family of an Union citizen who enjoy rights under Community law include the spouse, children under the age of 21 or dependent and dependent ascendants.

Under Community law, Union citizens are entitled to enter and reside in another Member State for a period of up to three months simply by presenting a valid passport or national identity card. If they intend to remain for a period exceeding three months, a residence permit must be obtained. The members of their families enjoy the same rights, and will be granted a residence document of the same validity of that of the citizen on whom they depend (article 4 §4 of Directive 68/360/EEC and article 4 §3 of Directive 73/148/EEC).

Members of the family of an Union citizen who are non-Union citizens may, however, be required to obtain a visa to enter the territory of [another] Member State because of their nationality(2). In that case, the Member State concerned shall grant the visa free of charge and with every facility (article 3 of Directives 68/360/EEC and 73/148/EEC).

It should be noted that Community provisions related to members of the family of Union citizens only apply in the case when the Union citizen on whom the third-country national depends has himself or herself exercised his or her right to free movement.

2. The Schengen Acquis integrated in the Union framework

Third country nationals, residing in a Schengen State and holders of a residence permit issued by that State, may travel within the Schengen area with this permit and a valid travel document for a duration of up to three months, whether they are a family member of an Union citizen or not. For those third-country nationals who are subject to a visa requirement, the residence permit serves the purpose of a visa and no additional document is required.

In the case described by the Honourable Member, the British residence permit that one presumes is held by the interested party is not equivalent to a visa for travel in the Schengen States because the United Kingdom does not apply the relevant provisions of the Schengen acquis. Consequentially, a visa needs to be obtained in order to enter and travel in the Schengen area.

A complication arises from the nature of the travel document of the interested party. Indeed, when the travel document is not recognised by all Schengen States, which is the case here, the issued visa is territorially limited to those countries that recognise the travel document. As a result, the interested party cannot benefit from the uniform Schengen visa and might have to make several visa requests depending on the countries of intended travel.

The Commission stresses that the recognition of travel documents is an issue of national competence. The Commission is, therefore, not in a position to remedy the situation in which a person might have to make several visa requests depending on the countries of intended travel.

However, the Commission would like to point out that the Community requirement that Member States shall accord every facility to family members of Union citizens in obtaining a visa should allow the interested party to obtain a visa with a long period of validity. This would at least alleviate the inconvenience of having to make a new visa request for every trip.

(1) Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, OJ L 257, 19.10.1968 and Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services, OJ L 172, 28.6.1973.

(2) The list of third countries whose nationals must be in possession of a visa figure in the Council Regulation (EC) No 539/2001 of 15 March 2001, OJ L 81, 21.3.2001. This Regulation is applied by all Member States, except the United Kingdom and Ireland, who apply national legislation in this respect.