Answer given by Ms Johansson on behalf of the European Commission
2.2.2024
On 28 September 2023, the Commission sent a letter of formal notice to Portugal due to the incompatibility of certain permits issued under the CPLP Mobility Agreement with Council Regulation (EC) 1030/2002[1] and the Schengen Agreement.
In the view of the Commission, the national legislation of Portugal on issuing residence permits under their CPLP Mobility Agreement does not comply with the EU uniform format as provided for by Regulation (EC) 1030/2002.
Moreover, these permits (as well as the long-stay visas issued for job-seeking purposes) prevent their holders from moving freely for up to 90 days in any 180-day period within the territories of the other Schengen Member States, provided that they fulfil the entry conditions referred to in Article 5(1)(a), (c) and (e) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) and are not on the national list of alerts of the Member State concerned.
The content of the letter of formal notice is confidential as it is a bilateral procedure between the Commission and Member States and mutual trust must be preserved. All public decisions and information are made available at the Commission infringement register[2].