92001E2323

WRITTEN QUESTION E-2323/01

by Michael Cashman (PSE) to the Commission

(31 July 2001)

Subject: Visas for non-EU citizens

Can the Commission comment on the ease with which non-EU citizens residing legally in an EU Member State can obtain visas for travel within the EU? Can the Commission comment in particular on a case when the non-EU resident is married to an EU citizen?

Answer given by Mr Vitorino on behalf of the Commission

(6 September 2001)

Under the Schengen Agreement the Member States have developed extensive areas of cooperation regarding the conditions under which non-EU nationals may travel within an area without internal frontiers. This acquis was integrated into the Community/European Union by the Amsterdam Treaty(1).

Under Article 21 of the Convention applying the Schengen Agreement (CSA), nationals of third countries residing legally on the territory of a Member State and in possession of a residence permit are not required to possess a visa for the Member States that have implemented the Schengen acquis (with the exception of the United Kingdom and Ireland) and for Norway and Iceland. They may move freely provided they have their residence permit, satisfy the conditions of Article 5(1)(a), (c) and (e) of the CSA and are not on the list of national alerts of the Member State concerned.

As regards third country nationals who are members of the family of a citizen of the Union and who accompany them or join them in another Member State not forming part of the area without internal frontiers, Community law allows the Member States to require such persons to be in possession of a visa in accordance with Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement(2).

In that case, Member States must grant such visas without undue formalities. In particular, the only documents that may be required in order to issue a visa are an identity document (identity card or passport) and proof of relationship to the EU citizen. Visas must be issued free of charge.

The Commission has transmitted a proposal for a Directive(3) to the European Parliament and the Council to establish an overall approach to the conditions in which third-country nationals have the freedom to travel in the territory of the Member States for periods not exceeding three months within a six-month period.

(1) OJ C 340, 10.11.1997.

(2) OJ L 81, 21.3.2001.

(3) COM(2001) 388 final.