WRITTEN QUESTION E-3512/02

by Herman Vermeer (ELDR) to the Commission

(10 December 2002)

Subject: Problem of mutual recognition in the port of Antwerp involving a visa issued by a Schengen state

As of 1 October 2002 the Vision list has been distributed in the port of Antwerp. The nationalities included on the Vision list must register using a so-called STVZ form and may not travel on to another Schengen Member State. They may leave Belgium in order to return to their country of origin or they may be deported to non-Schengen countries such as the United Kingdom or Switzerland. The rule also applies in reverse. Seamen holding one of the nationalities on the Vision list and seeking to enter Belgium via Amsterdam (Schiphol) Frankfurt or Paris are being turned away at the Belgian border, preventing them from checking whether their ship is docked in a Belgian port. They are thus being forced to enter Belgium either directly or via a non-Schengen country, such as Switzerland or the United Kingdom. The result of this requirement to register is that the Belgian border police no longer recognises a visa issued by a Schengen partner. To my mind, this runs counter to the agreements concluded between and by the Schengen countries.

Will the Commission, as guardian of the Schengen Convention, examine this matter more closely and clarify it? To what extent has the Vision list been drawn up by the Belgian authorities in keeping with the terms of the Schengen Convention? What criteria have the Belgian authorities employed when placing countries on that list? Why may nationalities on the list enter Belgium directly or via non-Schengen countries? Does this Vision list in fact constitute a hidden support measure for the national airport in Brussels? Can the Commission clarify this matter?

Answer by Mr Vitorino on behalf of the Commission

(30 January 2003)

First of all, the Commission would point out that Vision is an information network and not a database capable of storing existing information. When the Honourable Member talks about a Vision list, he may be referring to the exchange of information between the Members applying the Schengen acquis on third countries subject to prior consultation under Annex 5B of the Common Consular Instructions.

The Commission would remind the Honourable Member that the procedures and conditions for issuing uniform Schengen visas are laid down by the Common Consular Instructions to the diplomatic missions and consular posts of the Schengen States(1).

The Common Consular Instructions state that, in certain cases, applications for a Schengen visa must be submitted for prior consultation to the central authorities of one or more other Schengen States, and specify the procedures that must be followed in that case. Thus, each Schengen State decides independently in which cases its central authority must be consulted by the central authority of another Schengen State before issuing a Schengen uniform visa. The information on this subject is contained in an annex to the Common Consular Instructions classified as confidential. Each State may amend this annex by informing the Secretariat-General of the Council of the changes it wishes to make, after having submitted a proposal for amendment to the other Schengen States so that they can make comments on the proposed amendments. These amendments take effect the day of their notification by the Secretariat-General to the Members of the Council and to the Commission.

The prior consultations of central authorities referred to above must be distinguished from the consultation of the database set up by the Schengen Information System (SIS). Each consular service to which a visa application is referred must thus consult the SIS to check that the visa applicant is not on the list of persons registered for refusal of admission in conformity with Article 96 of the Schengen Convention. If the person in question is flagged in the SIS, it is not possible to issue them a uniform Schengen visa. In exceptional cases, a Schengen State can none the less issue a visa that is valid only for its territory (VTL).

As regards the procedure for issuing visas at the border, this is an exceptional procedure limited to specific and duly justified cases. There are special facilitating conditions for seamen in transit (see the decision of the Executive Committee of 19 December 1996 on issuing visas at borders to seamen in transit [SCH/Com-ex (96) 27])(2). In accordance with this decision, visas can be issued at borders to seamen who present themselves at an external border without an entry visa owing to insufficient time and for compelling grounds, subject to the condition that they do not belong to the category of aliens who cannot be granted a visa without prior consultation pursuant to Annex 5B of the Common Consular Instructions. The visa issued should be a transit visa valid for a maximum of five days and should mention that the holder is a seaman.

Seamen who belong to the category of aliens who cannot be granted a visa without prior consultation pursuant to Annex 5B of the Common Consular Instructions may, according to the Decision of the Executive Committee of 26 April 1994 (SCH/Com-ex (94)2 rev)(3), be issued a limited visa for the territory of the visa-issuing State.

In order to be able to assess the details of the issue of visas in Belgium for seamen in transit and acceptance on entry into the territory by seamen in transit holding Schengen uniform visas issued by another Schengen State, the Commission will make the necessary contacts to obtain further clarification of the facts presented.

(1) OJ L 239, 22.9.2000.

(2) OJ L 239, 22.9.2000.

(3) OJ L 239, 22.9.2000.