EN Official Journal of the European Union CE 70/75

(2004/C 70 E/078)

WRITTEN QUESTION E-2114/03

by Erik Meijer (GUE/NGL) to the Commission

(25 June 2003)

Subject: Exclusion of visitors other than invited guests, government officials and businessmen from non-EU European states with a low standard of living

1. Is it part of the standard arrangements in the EU and the Schengen Agreement countries for their embassies in non-EU European states with a low standard of living to require the inhabitants of those countries to produce the following documents in support of a visa application before every visit: (a) the original of a recent pay slip, (b) evidence of agreement from the applicant's employer, (c) proof of return travel if travelling by air, (d) an invitation from a guarantor in the host country, (e) proof of the professional need for the visit, (f) travel insurance approved by the embassy concerned?

2. Is it also part of these standard arrangements that applicants can be made to wait for a long period and that the payment they made in advance of the application is not refunded if the visa application is turned down?

3. What percentage of people from the countries concerned who are interested in visiting EU territory are prevented from doing so by these measures?

4. Is the aim of these restrictive conditions to make visits from these countries for people other than government officials, heads of large businesses and invited guests completely impossible?

5. Does the Commission think it wise to prevent inhabitants of countries which could become EU members in the future from visiting EU territory by means of a new kind of Iron Curtain?

6. How does the Commission intend to prevent the future withdrawal of the visa requirement in preparation for approaching EU membership from causing a rush to make up for lost time which will lead to the arrival of a much larger number of ill-prepared visitors and permanent residents from the countries in question?

Answer given by Mr Vitorino on behalf of the Commission

(3 September 2003)

As regards the evidence to be provided in support of an application for a short-stay visa, Article 5(1) of the Schengen Convention (1) lays down the conditions for entry into the territory of the Schengen States for stays not exceeding three months. In accordance with point (c) of that provision, a third-country national must, in order to be granted entry, ‘produce, if necessary, documents justifying the purpose and conditions of the intended stay and [ …] have sufficient means of subsistence, both for the period of the intended stay and for the return to their country of origin or transit to a third State into which they are certain to be admitted, or are in a position to acquire such means lawfully’.

In the case of third-country nationals subject to the visa requirement under Regulation (EC) No 539/2001 (2), compliance with the entry conditions is first checked when the visa application is being vetted. The Common Consular Instructions (‘CCI’) (3) thus stipulate that the visa applicant must enclose with his application ‘where necessary, documents supporting the purpose and the conditions of the planned visit’ (4), on the understanding that ‘the number and type of supporting documents required depend on the possible risk of illegal immigration and the local situation [ …] and may vary from one country to another’ (5). The CCI give a number of examples of supporting documents regarding the purpose of the journey, the means of transport and return, the means of subsistence and accommodation (6).

The documents listed by the Honourable Member are some of the documents which, depending on the circumstances and local conditions, may have to be provided in support of an application for a short-stay visa.

As regards the fees levied, Council Decision 2002/44/EC of 20 December 2001 (7) replaced visa fees by ‘the fees to be charged corresponding to the administrative costs of processing visa applications’. These are, therefore, administrative fees that are charged irrespective of whether the visa is issued. It should be noted that the Council Decision must be implemented not later than 1 July 2004 but that the Member States may implement it before that date. Most Member States have already replaced visa fees by such administrative fees.

As regard visa rejections, the Commission does not possess any detailed statistics prepared by the Member States that make it possible to ascertain the number of cases in which visa applications were turned down because applicants were not in a position to establish by way of appropriate documents the purpose and conditions of their stay.

As regards the effects of visa requirements, the Commission understands the Honourable Member's concern as to the barriers to which visa requirements might give rise.

It would make two observations:

— the common visa policy is one of the instruments that help to safeguard Member States against illegal immigration and public order infringements. This justifies an appropriate level of vigilance when it comes to processing visa applications;

— the effect of visa requirements must be viewed in the light of the overall statistics on the number of visas issued and visa applications turned down. These do not provide any justification whatsoever for the Honourable Member's concerns regarding a new kind of Iron Curtain.

Lastly, as for visa conditions (entry and stay) in preparation for enlargement, ten accession countries as well as Bulgaria and Romania appear on the list — annexed to Regulation (EC) No 539/2001, of the third countries whose nationals are exempt from the visa requirement.

Ireland and the United Kingdom, which do not apply Regulation (EC) No 539/2001, have retained the visa requirement for one or other of these third countries. Accession to the Union, which will mean that nationals of the new Member States will benefit from the provisions of Community law relating to freedom of movement for citizens of the Union, will require Ireland and the United Kingdom to put an end to the visa requirement for such nationals.

After accession, stays by nationals of the new Member States on the territory of the present Member States will be governed by the provisions of Community law relating to free movement, with account also being taken of the relevant provisions in the Accession Treaty.

(1) OJ L 239, 22.9.2000.

(2) 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, OJ L 81, 21.3.2001.

(3) OJ C 313, 16.12.2002.

(4) Point III.2(b) of the CCI.

(5) Point V.I.4. of the CCI.

(6) Point V.I.4. of the CCI.

(7) Council Decision 2002/44/EC of 20 December 2001 amending Part VII and Annex 12 to the Common Consular Instructions and Annex 14a to the Common Manual, OJ L 20, 23.1.2002.