WRITTEN QUESTION E-3767/02 by Erik Meijer (GUE/NGL) to the Commission. Financial barriers to visits by relatives and elderly tourists from Russia travelling via future EU territory to Kaliningrad.
Date: 2002-12-23
Institutions: European Parliament, Provisional data
Subjects: EU visa policy, Russia, admission of aliens, territorial enclave, transit

21.11.2003

EN

Official Journal of the European Union

C 280 E/25

(cid:1) With regard to practical arrangements in airports, the Schengen acquis makes provision for separate
passenger flows for persons covered by Community law and for third-country nationals. The purpose
of these channels is to minimise waiting times at external borders for persons covered by Community
law and to enable border control staff to carry out the thorough checks prescribed for third-country
on nationals under the best possible conditions.

(cid:1) The separate passenger flows provided for by the Schengen acquis are consistent with Community law
relating to the free movement of Union citizens. No discrimination is made between persons covered
by Community law or between Member States which apply the Schengen acquis in full and those
which do not. Should the claims made by the Honourable Member be proved valid, they would be in
contradiction with the Schengen acquis and with the Community principle of non-discrimination
between Union citizens.

(cid:1) On a more general note, with regard to checking that the Schengen acquis is properly applied by the
Member States, visits by the evaluation committee introduced at the time of intergovernmental
cooperation (3) have been incorporated into the Union’s institutions. They have been given a dual legal
basis in Article 66 of the EC Treaty and in Articles 30 and 31 of the Treaty on European Union (4).
On that occasion the Commission stated that ‘the Schengen Implementing Convention Standing
Committee (…) does not in any way affect the powers devolving on it from the Treaties and in
particular its responsibility as guardian of the Treaties.’

(cid:1) The Commission’s responsibilities in the matter are illustrated by the fact that, in agreement with the
conclusions of the Seville European Council and with the External Borders Management Plan adopted
by the Council (Justice and Home Affairs) on 13 June 2002, the Commission is preparing a legislative
proposal recasting the Common Manual on Checks at the External Borders. The conversion of the
main provisions of the Common Manual into Community rules will remove all ambiguity as to their
compulsory nature for the Member States.

(1) Council Decision 1999/436/EC of 20 May 1999 determining, in conformity with the relevant provisions of the
Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the
provisions or decisions which constitute the Schengen acquis (cid:1) OJ L 176, 10.7.1999.

(2) Decision of the Schengen Executive Committee No SCH/Com-ex (94) 17, rev 4 of 22.12.1994 (cid:1) published in

OJ L 239, 22.9.2000.

(3) Decision by the Schengen Executive Committee SCH/Com-ex (98) 26 final of 16.9.1998 (cid:1) published in OJ L 239,

22.9.2000.

(4) Council Decision 1999/436/EC (cid:1) OJ L 176, 10.7.1999.

(2003/C 280 E/023)

WRITTEN QUESTION E-3767/02

by Erik Meijer (GUE/NGL) to the Commission

(23 December 2002)

Subject: Financial barriers to visits by relatives and elderly tourists from Russia travelling via future EU

territory to Kaliningrad

Can the Commission confirm that, on the basis of the November 2002 agreement between the EU
1.
and the Russian Federation, a transit visa for travelling within Russia, across EU territory, will cost EUR 16
for persons living in Kaliningrad, but EUR 35 for other Russians (cid:1) sums which, albeit affordable for EU
citizens, are very large for Russians?

2.
Does the difference in price referred to in question 1 stem from moves made by the EU or by Russia?
Is the intention to make access from the Kaliningrad ‘oblast’ to other parts of Russia easier than access
from other parts of Russia to the Kaliningrad ‘oblast’? What interests does that serve?

3.
Is the Commission aware that this arrangement will put up financial barriers for people on low
incomes from other parts of the Russian Federation who wish to visit the Kaliningrad ‘oblast’, but not by
sea or air (those connections costing more), and that this may become a problem for,
in particular,
relatives living elsewhere and older people who until now have spent their holidays on the Baltic coast in
that region?

C 280 E/26

Official Journal of the European Union

EN

21.11.2003

4. Why are persons from outside the EU being asked to pay for a travel document which, it is true,
is important in terms of protecting the EU against an influx of criminals and profiteers, but is regarded by
them as an impediment to their right, acquired no so long ago, to unrestricted internal travel? Is not the
more obvious thing to do to have the cost of this arrangement borne in full by the EU?

5.
At least in respect of relatives, pensioners and unemployed persons, does the Commission see scope
for reducing the payment to the level applicable to people living in Kaliningrad, or lower, without running
the risk that criminals and profiteers will have free access to EU territory?

Source: 4 December 2002 edition of the Dutch newspaper ‘De Volkskrant’

Answer given by Mr Patten on behalf of the Commission

(10 February 2003)

1. to 5.
As confirmed by the General Affairs and External Relations Council (GAERC) on 22 October
2002 and the Brussels European Council on 24 October 2002, the Union will introduce the necessary
legislation to establish by 1 July 2003 a Facilitated Transit Document (FTD) and Facilitated Rail Transit
(FRTD) scheme to apply for the transit of all Russian citizens between Kaliningrad and other parts of
Russia by land.

The FTD will be valid for direct transit by all means of transport by land from one third country to the
same third country within a limited period of time. The FRTD will be valid for a single return journey by
train.

In line with the Joint Statement adopted at the Union/Russia Summit on 11 November 2002, both the
FTD and the FRTD will be issued free of charge or at a very low cost to all eligible Russian citizens.

The Joint Statement further noted that the Republic of Lithuania has agreed to accept Russian internal
passports as a basis for issuing both types of FTD until 31 December 2004.

In addition, Lithuania and Russia signed on 30 December 2002 an intergovernmental agreement on
mutual travel of citizens, which provides for the obligation to be in possession of a visa for entry, transit
and stay in the other State. As regards the Kaliningrad Oblast and its residents, the visa regime will enter
into force on 1 July 2003, and visas will be provided free of charge on a reciprocal basis. In particular,
multiple one-year visas will be issued free of charge to Kaliningrad residents without the need for an
invitation. As a general rule for all Russian and Lithuanian citizens, consular fees for issuing visas are not
charged at all for several categories of travellers, including persons above the age of 60 years and children
under the age of 16.

(2003/C 280 E/024)

WRITTEN QUESTION E-3777/02

by Christopher Huhne (ELDR) to the Commission

(23 December 2002)

Subject: Pirelli production

Is the Commission able to provide assurances that the decision by Pirelli to move fibre optic production
from its plant in Hampshire to Italy is in full compliance with EU rules on state aid?