WRITTEN QUESTION E-1740/01 by Bart Staes (Verts/ALE) to the Commission. Illegal Belgian visas and passports.
Date: 2001-06-15
Institutions: European Parliament, Provisional data
Subjects: Belgium, corruption, fraud, illegal migration, passport, penalty

4.4.2002

EN

Official Journal of the European Communities

C 81 E/55

barriers, either enacted by the State or by private parties, that might prevent independent or non-integrated
companies to enter the national motor fuel markets within the Community. This review will be concluded
in the near future. If evidence were found of infringements of Articles 81 and 82 (ex Article 86) of the EC
Treaty or any other provision of the EC Treaty, the Commission would take action in order to bring the
infringements to an end.

(1) Commission Regulation (EC) No 2790/1999 of 22 December 1999 on the application of Article 81(3) of the EC
Treaty to categories of vertical agreements and concerted practices, OJ L 336, 29.12.1999. See also the eighth
recital whereas of Commission Regulation (EEC) No 1984/83 of 22 June 1983 on the application of Article 85(3) of
the EC Treaty to categories of exclusive purchasing agreements, OJ L 173, 30.6.1983.

(2) OJ C 291, 13.10.2000.

(2002/C 81 E/065)

WRITTEN QUESTION E-1740/01

by Bart Staes (Verts/ALE) to the Commission

(15 June 2001)

Subject:

(cid:145)Illegal(cid:146) Belgian visas and passports

In a joint reply to Questions E-0234/01 and E-0235/01 (1) on illegal Belgian visas and passports, the
Council states that (cid:145)the problem raised concerns a matter that has to be settled by the relevant Belgian
authorities(cid:146). The Council adds that it (cid:145)does not usually call on a Member State of the Union(cid:146) (cid:129) e.g., as in
this case, the Belgian Federation (cid:129) (cid:145)to give an explanation concerning a matter over which the Member
State itself has jurisdiction(cid:146).

The Council(cid:146)s position is astonishing. The issuing of visas and passports by the fifteen EU Member States
requires special attention in the context of the third pillar of the European Union (justice and home
affairs). A temporary or permanent residence permit issued by the Belgian Federation affords access to all
the Schengen countries. Thus such residence permits are like gold-dust to criminals and create enormous
scope for corruption in the field of migration.

In its reply, the Council mentions the Commission(cid:146)s responsibility for monitoring (cid:145)the operation of
Community visa regulations(cid:146).
(cid:145)If a Member State(cid:146)s acts or omissions were to affect the operation of
Community visa regulations it would be for the Commission to give the Member State concerned the
opportunity to submit its comments.(cid:146)

Will the Commission, in accordance with the Council(cid:146)s reply, give the Belgian authorities the opportunity
to submit comments on (cid:145)acts or omissions which affect the operation of Community visa regulations(cid:146),
namely (a) trafficking in diplomatic cards at the Belgian Foreign Ministry and (b) fraud relating to visas at
the Belgian Embassy in Sofia? If not, why will the Commission not give the Belgian authorities the
opportunity to submit comments on (cid:145)acts or omissions which affect the operation of Community visa
regulations(cid:146)?

(1) OJ C 235 E, 21.8.2001, p. 159.

Answer given by Mr Vitorino on behalf of the Commission

(3 September 2001)

The Commission shares the Honourable Member(cid:146)s concern. The improper issue of passports, visas and
law aimed at
residence permits is one way of evading the various rules of Community and national
controlling access by nationals of non-EU countries to the territory of the Member States and their
residence in this territory.

There are a range of preventive and punitive provisions and measures at national and Community level
intended to foil such activities.

C 81 E/56

Official Journal of the European Communities

EN

4.4.2002

Rules on the storage of documents and measures relating to staff:

(cid:129) Safeguards and precautions are taken at national level to prevent the improper issue of passports, visas

and residence permits.

(cid:129) Community law contains provisions relating to visas. The Common Consular Instructions require the
head of the consulate to ensure that the service is organised in such a way as to prevent any type of
negligence that might facilitate theft or forgery. Staff should be shielded from local pressures and there
should be regular rotation of officials to prevent the development of lax practices. The Instructions
also require security measures to be taken on the storage and use of visa stickers.

(cid:129) Criminal penalties for those who facilitate the illegal entry or residence of non-EU nationals.

(cid:129) Criminal penalties for those who fraudulently obtain administrative documents, particularly by actively

corrupting public officials.

(cid:129) Criminal penalties and disciplinary sanctions for public officials who improperly issue administrative

documents, particularly when they are guilty of passive corruption.

The Commission is not in a position to comment on the facts of the matters referred to by the Honourable
Member. It would point out that if administrative documents are found to have been issued fraudulently it
is for the authorities of the Member State concerned to select the most appropriate measures from
amongst those listed above. In the event of a recurrence of the apparently isolated and localised incidents
referred to by the Honourable Member, the Commission would undoubtedly act to ensure that the
Member State in question was not persisting in an administrative practice that was contrary to Community
law.

(2002/C 81 E/066)

WRITTEN QUESTION E-1747/01

by Emmanouil Bakopoulos (GUE/NGL) and Dimitrios Koulourianos (GUE/NGL) to the Council

Subject: Turkish research in the Aegean

(15 June 2001)

On 4 June 2001, the Turkish Government dispatched the vessel Piri Reis to the Aegean to carry out
seismological research.

The navigation charts reveal that the vessel was also to survey both the Greek and Cypriot continental
shelves which, were it to happen, would give rise to a major crisis in the region, for which Turkey, a
country eligible for accession to the European Union, would be solely responsible.

What immediate measures will the Council take to call Turkey to order given that Turkey undertook
through the Helsinki decision to seek a peaceful settlement of disputes as a condition of accession to the
European Union?

Reply

(27 November 2001)

The case of the vessel Piri Reis, being dispatched to the Aegean for the purpose referred to in the question,
has not been raised in the Council.