WRITTEN QUESTION E-2323/01 by Michael Cashman (PSE) to the Commission. Visas for non-EU citizens.
Date: 2001-07-31
Institutions: European Parliament, Provisional data
Subjects: EU migration policy, EU visa policy, admission of aliens, foreign national, free movement of persons

C 172 E/6

Official Journal of the European Communities

EN

18.7.2002

The communication of 3 July 2001 foresees further redeployments of staff from some ACP Delegations,
albeit in a limited way. The eleven posts freed are to be used in part to strengthen regional Delegations in
the same area and the remaining posts will be used to open new Delegations in areas where the
Commission is still underrepresented politically, taking into account both the importance of the trade
component and the implementation of external assistance,
including the European Development Fund
(EDF). As in the past, where necessary compensation will be provided for the posts to be re-deployed
through the allocation of posts for the recruitment of university-level local staff or locally hired technical
assistance staff.

Concerning the implementation of the Cotonou Agreement, in those countries where the Commission has
found it necessary to close or streamline its representations, additional human resources are being allocated
to some of the regional Delegations concerned in order to reinforce their capacity to cover programmes
and activities in the countries for which they are responsible. Furthermore, these Delegations will be
provided with additional resources under the de-concentration exercise, which will strengthen their
programme-implementing capacity.

(1) COM(2001) 381 final.

(2002/C 172 E/005)

WRITTEN QUESTION E-2323/01

by Michael Cashman (PSE) to the Commission

(31 July 2001)

Subject: Visas for non-EU citizens

Can the Commission comment on the ease with which non-EU citizens residing legally in an EU Member
State can obtain visas for travel within the EU? Can the Commission comment in particular on a case
when the non-EU resident is married to an EU citizen?

Answer given by Mr Vitorino on behalf of the Commission

(6 September 2001)

Under the Schengen Agreement
the Member States have developed extensive areas of cooperation
regarding the conditions under which non-EU nationals may travel within an area without internal
frontiers. This acquis was integrated into the Community/European Union by the Amsterdam Treaty (1).

Under Article 21 of the Convention applying the Schengen Agreement (CSA), nationals of third countries
residing legally on the territory of a Member State and in possession of a residence permit are not required
to possess a visa for the Member States that have implemented the Schengen acquis (with the exception of
the United Kingdom and Ireland) and for Norway and Iceland. They may move freely provided they have
their residence permit, satisfy the conditions of Article 5(1)(a), (c) and (e) of the CSA and are not on the list
of national alerts of the Member State concerned.

As regards third country nationals who are members of the family of a citizen of the Union and who
accompany them or join them in another Member State not forming part of the area without internal
frontiers, Community law allows the Member States to require such persons to be in possession of a visa
in accordance with 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 (2).

In that case, Member States must grant such visas without undue formalities. In particular, the only
documents that may be required in order to issue a visa are an identity document (identity card or
passport) and proof of relationship to the EU citizen. Visas must be issued free of charge.

18.7.2002

EN

Official Journal of the European Communities

C 172 E/7

The Commission has transmitted a proposal for a Directive (3) to the European Parliament and the Council
to establish an overall approach to the conditions in which third-country nationals have the freedom to
travel in the territory of the Member States for periods not exceeding three months within a six-month
period.

(1) OJ C 340, 10.11.1997.
(2) OJ L 81, 21.3.2001.
(3) COM(2001) 388 final.

(2002/C 172 E/006)

WRITTEN QUESTION E-2431/01

by Eryl McNally (PSE) to the Commission

(7 September 2001)

Subject: 6th VAT Directive

The 6th VAT Directive provides a reduced rate of VAT for energy saving materials, which is applicable
where individuals pay to have these materials installed in their homes. However, the reduced rate does not
apply when individuals purchase such materials in order to install them in their homes themselves.

Would the Commission please comment on whether consideration is being given to the removal of this
anomaly from the 6th VAT Directive?

Answer given by Mr Bolkestein on behalf of the Commission

(29 October 2001)

The situation under current Community VAT legislation is that category 9 of Annex H of the sixth VAT
Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to
turnover taxes @ Common system of value added tax: uniform basis of assessment (1) covers the process of
the ‘supply, construction, renovation and alteration of housing provided as part of social policy’. Member
States may therefore allocate a reduced VAT rate of no less than 5 % to these services.

Energy saving materials, once incorporated into this process, are automatically covered by this provision,
as will be all building materials when supplied as a part of a service provided by a building contractor.
Whereas the same goods when bought across the counter by an individual are considered to be supplies of
goods, and therefore the standard rate applies.

As the Honourable Member will know, the new VAT strategy (2) foresees that a review and rationalisation
of the rules and derogations applying to the definition of reduced VAT rates will be considered in the
medium term. Particular attention will be paid to such issues.

(1) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2001/41/CE (OJ L 22, 24.1.2001) et corrigendum

(OJ L 26, 27.1.2001).
(2) COM(2000) 348 final.

(2002/C 172 E/007)

WRITTEN QUESTION E-2443/01

by Elspeth Attwooll (ELDR) to the Commission

(11 September 2001)

Subject: Personal imports of alcohol and tobacco within the EU

Directive 92/12/EEC (1), as amended, states that individuals may bring goods upon which excise duty has
been paid in another EU Member State into a second EU Member State without being liable to pay excise