(2004/C 65 E/126)

WRITTEN QUESTION E-2163/03

by Joan Vallvé (ELDR) to the Commission

(30 June 2003)

Subject:   European Union-Iraq relations

The Catalan Football Federation had planned to hold a friendly international match on 25 June in Barcelona between the Catalan and Iraqi teams. The purpose of the match, as stated by the Federation President, was to help raise funds for the reconstruction of a country — Iraq — which has been devastated by war.

According to media reports, the Spanish Foreign Ministry did not grant visas to the Iraqi players who were to take part in this match in Barcelona.

Will the Commission look into the Spanish Government's reasons for preventing this football match between Catalunya and Iraq, which would doubtless have helped to improve relations and foster greater understanding between European citizens and the Iraqi people?

Answer given by Mr Vitorino on behalf of the Commission

(3 September 2003)

The Commission agrees with the Honourable Member that the football match in question and its objectives are to be welcomed.

It would though point out that decisions on the entry of third-country nationals into the territory of the Schengen States (1) fall within the remit of the national administrations concerned, which take their decision on the basis of the relevant provisions of the Schengen acquis.

To gain entry into the territory of the Schengen States for a stay not exceeding three months, nationals must satisfy the entry conditions laid down in Article 5 of the Schengen Convention (2). They must be in possession of a valid travel document, must produce, if necessary, documents justifying the purpose and conditions of the intended stay, must not be persons for whom an alert has been issued for the purposes of refusing entry and must not be considered a threat to public policy, national security or the international relations of one of the Schengen States. For third-country nationals who must be in possession of a visa pursuant to Regulation (EC) No 539/2001 (3), verification of compliance with the entry conditions is initially carried out when the visa application is being vetted. If one or other of the entry conditions is found not to have been met, the application for a Schengen visa is normally rejected. In exceptional cases, a Schengen State may, if it deems necessary, derogate from this principle on humanitarian grounds, on grounds of national interest or because of international obligations. In such cases, it issues a visa that is restricted to its territory.

In the matter referred to by the Honourable Member, the Commission does not have any information regarding the circumstances or grounds that led to the Iraqi players' visa applications being rejected. In view of the discretion enjoyed by the Spanish authorities under the Schengen acquis in deciding on the visa applications in question, the Commission considers that the matter does not require it to undertake any further investigations or measures.

(1)  All the Member States, except Ireland and the United Kingdom, as well as Iceland and Norway.

(2)  OJ L 239, 22.9.2000.

(3)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of a visa when crossing the external borders and those whose nationals are exempt from that requirement, OJ L 81, 21.3.2001. Iraq appears in Annex I to the Regulation, which contains the list of third countries whose nationals must be in possession of a visa.