WRITTEN QUESTION E-1250/02

by Werner Langen (PPE-DE) to the Commission

(6 May 2002)

Subject: Border charges payable by Romanian nationals

Romanian nationals who wish to wish to visit relatives living in Germany say that they are required to pay EUR 500 at the border in order to obtain exit visas for limited periods.

The Commission:

1. Is it aware of these swingeing border charges on Romanian nationals?

2. What view does it take of these exit-visa fees?

3. What will it do to make it possible for Romanian nationals to visit relatives without having to make such payments?

Answer given by Mr Vitorino on behalf of the Commission

(14 June 2002)

1. The Commission is aware of an order issued by the Romanian Ministry of the Interior on 22 November 2001 which sets the amounts in euros which Romanian nationals leaving Romania on private trips to EU Member States or other countries which do not require a visa for Romanian nationals must have at their disposal.

Romanian nationals must be able to prove, when exit controls are carried out upon their leaving Romanian territory, that they have these amounts at their disposal (cash, credit card, traveller's cheques, bank guarantee, security or sponsorship by the person inviting them). Various categories of people are exempted from this obligation, notably those visiting a relative abroad, those who are travelling for the purpose of obtaining medical treatment, under-age children in certain conditions, and those participating in conferences or sporting events.

The order does not require payment of a fee for authorisation to leave Romania.

2. The way in which Romania regulates exit from its territory of its own nationals currently falls entirely within its own jurisdiction since the rules of Community law relating to free movement of people (which provide in particular that the territory may be left simply on presentation of an identity card or passport) do not yet apply.

3. The rules on exit checks when leaving Romanian territory should be viewed in the light of the current arrangements for the entry of Romanian nationals into the territory of the Member States.

Since 1 January 2002(1), Romanian nationals are no longer required to possess a short-stay visa to enter the Schengen countries. This being the case, they must fulfil the entry conditions specified by Article 5(1) of the Convention implementing the Schengen Agreement(2). One of these is the requirement to have sufficient means of subsistence. The Schengen countries have not as yet set a harmonised amount of means of subsistence. Some of them apply a reference amount while others do not(3). These reference amounts, which are indicative in nature, are to be adjusted on a case-by-case basis, taking account of the actual situations that arise.

The authorities take account in particular of the length of stay envisaged, the conditions of the intended stay and the type of accommodation. The existence of a sponsorship arrangement or invitation is an important element in assessing whether the means the person in question has at his disposal will allow him to meet his needs during his stay.

(1) Council Regulation (EC) No 2414/2001 of 7 December 2001 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement (OJ L 327, 12.12.2001). This Regulation is binding on the Member States, except Ireland and the United Kingdom, and on Iceland and Norway.

(2) OJ L 239, 22.9.2000.

(3) Common Consular Instructions, Annex 7, Reference amounts required for crossing borders fixed annually by the national authorities (OJ L 239, 22.9.2000).