WRITTEN QUESTION E-0557/02 by Renzo Imbeni (PSE) and Giovanni Pittella (PSE) to the Commission. Visas for non-Community citizens resident in Switzerland.
Date: 2002-02-28
Institutions: European Parliament, Provisional data
Subjects: Schengen Agreement, Switzerland, Türkiye, Western Balkans, admission of aliens, external border of the EU, foreign national, free movement of persons, residence permit, transit

C 229 E/104

Official Journal of the European Communities

EN

26.9.2002

Does the Council support this proposal? If so, what action will it take to put it into practice? If not, what
alternatives does it suggest to avoid confusion in the consulates of the EU countries concerned?

Does the Council think that a solution to this serious problem might be found in the final decisions
ratifying the agreement between the European Union and Switzerland?

Reply

(26 June 2002)

The Council would point out that Regulation No 539/2001 lists the third countries whose nationals must
be in possession of visas when crossing the external borders of the Member States; the place of residence is
not a criterion for deciding whether or not to issue a visa.

It is also noted that, although the procedure for issuing visas was harmonised within the Schengen
framework (Common Consular Instructions), the Member States have sole responsibility for the issue of
visas and decide on a case-by-case basis on requests for such documents.

In any case, the Council notes that the Commission has sole right of initiative in this area and that no
initiative along the lines mentioned by the Honourable Members has been referred to the Council.

(2002/C 229 E/117)

WRITTEN QUESTION E-0557/02

by Renzo Imbeni (PSE) and Giovanni Pittella (PSE) to the Commission

Subject: Visas for non-Community citizens resident in Switzerland

(28 February 2002)

Several hundred thousand immigrants, mainly from the Balkan States and Turkey, are living in Switzerland
with valid long-term residence permits. Whenever they need to cross EU borders (Italy, Austria, Germany
and, to a lesser extent, France) they have to apply for a visa. The FIM (Forum for the Integration of
Migrants set up recently in Switzerland) suggests that instead of the visa requirement, they should have to
present their passports and a valid residence permit.

Does the Commission support this proposal? If so, what action will it take to put it into practice? If not,
what alternatives does it suggest to avoid confusion in the consulates of the EU countries concerned?

Does the Commission think that a solution to this serious problem might be found in the final decisions
ratifying the agreement between the European Union and Switzerland?

Answer given by Mr Vitorino on behalf of the Commission

(4 April 2002)

The Commission is aware that several thousand foreign nationals resident in Switzerland are subject to a
visa requirement when crossing the external borders of the Member States, including when transiting via a
Member State to return to their country of origin for their annual holidays.

This issue will not be resolved by the agreement on the free movement of persons between Switzerland
and the Union, which was signed on 21 June 1999 and should enter into force shortly, following its
ratification by all the contracting parties.

It should be noted that if the Swiss request to participate in Schengen/Dublin were to give rise to a
bilateral agreement between the European Union and Switzerland, the problem would be totally resolved.
However, that is not likely to be achieved in the near future.

26.9.2002

EN

Official Journal of the European Communities

C 229 E/105

It has come to the Commission’s attention that, since August 2000, Switzerland has granted visa
exemptions to foreign nationals holding a residence permit issued by a Member State, and it does not rule
out a reciprocal measure being taken in the medium term.

It should also be noted that existing law, and in particular the Common Consular Instructions (1), allows
Member States to issue visas to foreign nationals resident in Switzerland in ways which do not constitute
an excessive obstacle to travel.

(1) OJ L 239, 22.9.2000.

(2002/C 229 E/118)

WRITTEN QUESTION E-0559/02

by Glyn Ford (PSE) to the Council

(4 March 2002)

Subject: Algeria and human rights

How will the Council ensure that the assessment of the human rights situation in Algeria and compliance
with Article 2 of the Association Agreement, when ratified, will become a separate agenda item at all
meetings held under the Agreement?

(2002/C 229 E/119)

WRITTEN QUESTION E-0561/02

by Glenys Kinnock (PSE) and Michael Cashman (PSE) to the Council

Subject: Human rights in Algeria

(4 March 2002)

Would the Council outline how it intends to ensure that an assessment of the human rights situation in
Algeria, and an assessment of that country’s compliance with the human rights article of the new EU-
Algeria Association Agreement, will be a separate agenda item at all future meetings held under the
Association Agreement, and especially at all Association Council meetings?

Joint answer
to Written Questions E-0559/02 and E-0561

(26 June 2002)

The Council, in accordance with the established practice in its political dialogues, and for as long as
necessary, will put questions concerning the respect for human rights on the agenda for the political
dialogue with Algeria, and on that for the Association Council.

(2002/C 229 E/120)

WRITTEN QUESTION E-0560/02

by Glyn Ford (PSE) to the Commission

(28 February 2002)

Subject: Human rights in Burma

Has the Commission made representations to the Burmese Government about the detention and possible
torture of Dr Salai Tun Than at Insein prison in Rangoon? If it has not, does it intend to do so?