WRITTEN QUESTION E-0556/02 by Renzo Imbeni (PSE) and Giovanni Pittella (PSE) to the Council. Visas for non-Community citizens residing in Switzerland.
Date: 2002-03-04
Institutions: European Parliament, Provisional data
Subjects: EU visa policy, Switzerland, Türkiye, Western Balkans, admission of aliens, competence of the Member States, external border of the EU, foreign national, residence permit

26.9.2002

EN

Official Journal of the European Communities

C 229 E/103

Can the Commission assess the feasibility of a bridging programme which would allow the sums not spent
to be used rapidly in three areas (computer literacy, language learning and training of apprentices) on the
basis of national plans that could be launched immediately?

Finally, could the Commission assess the feasibility of increasing the funding for those programmes that
have demonstrated high levels of efficiency and effectiveness in expenditure?

Answer given by Mr Barnier on behalf of the Commission

(29 April 2002)

Although for the 1994-1999 Structural Fund programming period the final date for eligibility of
expenditure (except where an extension was granted) is 31 December 2001 the Commission is at present
unable to notify the amounts not spent by Member States.

The reason is that under Article 21(4) of Regulation (EEC) 4253/88 as amended by Regulation (EEC)
No 2082/93 (1) Member States have until 30 June 2002 to send the Commission the final statements of
expenditure and full programme execution reports. Only after these documents have been processed will
the Commission be able to work out the sums not used by each Member State and execute the closure
operations accordingly.

To permit Community and national commitments to be made the cut-off date for Member States’
proposals to the Commission for adjustments to the 1994-1999 programmes, including proposals for new
areas of spending, was 31 December 1999. Any amounts not covered by a declaration of expenditure will
be decommitted from the Community budget. There is no provision in the Community rules for unused
sums to be recovered by a ‘bridging programme’.

Article 44 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on
the Structural Funds (2) details
the 2000-2006
programming period under which 4 % of total commitment appropriations remain unallocated until the
first quarter of 2004 after assessment of all programmes.

the innovative performance reserve provision for

the objectives agreed in the operational programmes, single
Performance will be measured against
programming documents and programme complements. The monitoring indicators to be used will gauge
financial
implementation, management and effectiveness. The Commission considers that the positive
impact of the performance reserve lies in allocation of additional funds to the programmes that have
demonstrated high levels of effectiveness and administrative efficiency in Structural Fund utilisation.

(1) Council Regulation (EEC) No 2082/93 of 20 July 1993 amending Regulation (EEC) No 4253/88 laying down
provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different
Structural Funds between themselves and with the operations of the European Investment Bank and the other
existing financial instruments, OJ L 193, 31.7.1993.

(2) OJ L 161, 26.6.1999.

(2002/C 229 E/116)

WRITTEN QUESTION E-0556/02

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

Subject: Visas for non-Community citizens residing in Switzerland

(4 March 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.

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.