Member States' compliance with the Visa Code

21.5.2013

Question for written answer E-005697-13
to the Commission
Rule 117
Cornelia Ernst (GUE/NGL)

1. How is the Commission monitoring Member States’ compliance with the EU Visa Code, and what information or evidence does it have as regards breaches of the Visa Code by individual Member States?

2. What are the Member States’ practices as regards, in particular, compliance with the 14 or 15-day waiting period — that is, the processing time for visa applications — (Articles 9(2) and 23(1)), the use, as a last resort, of external service providers (Article 40(3)), the putting in place of procedures directly in visa offices (consulates) (Article 17(5)) and the necessary guarantees with respect to the deployment of appropriate staff in sufficient numbers in order to ensure reasonable quality of service to the public (Article 38(1))?

3. What has the Commission done so far in order to remedy deficiencies identified in the implementation of the Visa Code and what is being planned in this respect?

4. To what extent do the Member States comply with the Visa Handbook (see also the Commission’s Decision of 19 March 2010 establishing the visa handbook) as a binding or non-binding requirement and what is the Commission’s position on this?

5. How does the Commission assess Schengen cooperation when it comes to the vetting and issuing of visas at local level? For example, to what extent are there common application centres, joint lists of documents to be submitted, approved insurance policies etc.?

6. What problems have been encountered in connection with different visa practices as a result of the different interpretation and application of the requirements of the Visa Code by the individual Member States? Does the Council believe that any legislative changes are needed in relation to the Visa Code?

7. Does the Commission regard it as compatible with the Visa Code or the Visa Handbook if national courts reject a visa application in a legal dispute on the grounds that the applicant did not have valid travel medical insurance at the time of the judicial decision, even though this requirement could easily have been met following an otherwise positive court ruling?

8. What information does the Commission have concerning the application of the Handbook for the organisation of visa sections and local Schengen cooperation (Decision of 11 June 2010)?

OJ C 41 E, 12/02/2014