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For debate in the Standing Committee see Rule 47
Pour débat à la Commision permanente – Voir article 47 du Règlement
Doc. 8097
28 April 1998
Freedom of movement of and the issue of visas to the members of the Parliamentary Assembly of the Council of Europe
Report
Committee on Legal Affairs and Human Rights
Rapporteur: Lord Kirkhill, United Kingdom, Socialist Group
Summary
The report considers the numerous difficulties encountered by members of the Parliamentary Assembly when travelling to some member states in an official capacity and the time-consuming administrative proceedings to obtain visas which sometimes prevent attendance of meetings at short notice. In addition, the report emphasises that there is already a Council of Europe card which could facilitate travel and identification abroad.
In order to achieve a greater unity between the member states the report recommends facilitating the obtention of visas and hopes that it will be possible to abolish all visa requirements in Europe in the near future. It is proposed that the Committee of Ministers negotiate an informal agreement between member states to grant the right to any member of the Assembly to obtain a visa rapidly and free of charge for the duration of his or her official duties.
I. Draft recommendation
1. The Assembly recalls that the aim of the Council of Europe is to achieve a greater unity between its member states.
2. It is clear that the free movement of Europeans and their unhindered access to all Council of Europe member states is one of the conditions for reaching this aim of European unity.
3. One of the conditions for obtaining access to another member state is, of course, that the traveller must be in possession of a valid national passport or identity card.
4. In addition, there is no Council of Europe member state which has entirely abolished visa requirements for nationals from all other Council of Europe member states.
5. However, the obtention of visas may be complicated, cumbersome and expensive and it is certain that it considerably hinders the free movement of persons.
6. Although the Assembly is aware of the fact that it will not be possible to abolish at once all visa requirements in Europe, it is convinced that this should be the objective in the near future.
7. Council of Europe member states should therefore be encouraged to facilitate the obtention of visas for nationals of other member states whenever they can, reduce the nationalities for which visas are required, reduce expenses whenever possible, or even issue visas free of charge.
8. The obtention of visas should, in particular, be facilitated for those who are called upon to travel in member states on official duty for the Council of Europe.
9. The Assembly welcomes the fact that it has been decided to introduce a service card for Council of Europe staff members which will facilitate their travel and identification abroad.
10. As far as members of the Assembly are concerned there is already a Council of Europe card which is issued by the Organisation.
11. The Assembly recommends that the Committee of Ministers negotiate an informal agreement between member states which would grant the right to any member of the Assembly holding such a Council of Europe card on an official journey to obtain a visa free of charge rapidly on the spot for the duration of his or her official duties. If necessary, it should also enable its holder to obtain a multiple-entry visa. The holder of the Council of Europe card should also be in possession of his or her national passport, possibly together with proof that he or she is on an official journey
II. Explanatory memorandum by Lord Kirkhill
A. Introduction
1. Of course, members of the Parliamentary Assembly of the Council of Europe are frequently travelling abroad and most of us have had the experience of all the fuss and bother necessary to obtain a visa to the country of destination in time. Obtaining a visa nearly always implies that one is without one's passport for a few hours or a few days. Especially when one is travelling frequently, when one is living far away from one's own capital, or when there are no diplomatic or consular representatives nearby, obtaining a visa may be complicated and cumbersome. Although the cases in which members are really prevented from attending a meeting abroad because of visa requirements are rare, still the administrative proceedings may be such that they quite often discourage members from participating in meetings which they otherwise would have attended. In any case it quite often renders illusory to attend meetings at short notice - for instance to replace a titular member of a committee.
2. These difficulties, in June 1996, led to the tabling of two motions: one on the issue of visas to the members of the Assembly tabled by Mr Gricius (Doc 7595), and another one tabled by the late Lord Finsberg on freedom of movement of Assembly members (Doc 7596). These motions noted the fundamental importance for all members of the Assembly, when in an official capacity, to be able to travel freely to and within member states of the Council of Europe. They called upon governments to ensure the unhindered entrance to their countries and also recommended that the Committee of Ministers initiate discussions with a view to a new Council of Europe agreement to permit entry by members of the Assembly without visa requirements.
3. Both motions were referred to the Committee on Legal Affairs and Human Rights which appointed me rapporteur. At my proposal the Committee, as a first step, decided to collect information concerning the legal framework, factual situation, and the difficulties encountered by members of the Assembly when travelling to a member state in an official capacity. Thus a questionnaire was sent to all parliamentary delegations to the Assembly (Appendix 1). 28 of the 40 national delegations replied to this questionnaire. The replies are reproduced in Appendix 2.
B. The factual situation
4. The replies given to the questionnaire confirm the assertions expressed in the two motions to which I referred above. Nearly always the obtention of a visa for members of the Assembly wishing to go on official journey needs a certain length of time. This excludes travelling at short notice. Problems are even greater whenever there are no diplomatic or consular services of the country of destination in one's capital or when an Assembly member needs to visit frequently a particular member state or region but cannot obtain a long term or multiple entry visa.
5. There have been cases in which visas were refused to members of the Assembly (for instance the Estonian delegation mentioned that their members have been refused entry into Russia). Yet cases of blunt refusal are very rare. More frequent are administrative difficulties which were signalled by the Belgian and United Kingdom delegations for entry into the Russian Federation, although they obtained their visas in the end. Russian members of the Assembly frequently complain about visa procedures in Western Europe. Some of them raised the matter with the German Foreign Minister during the meeting of the Political Affairs Committee in Bonn on 13 January 1998. In this respect I regret that there has never been a reply from Russia to the questionnaire despite reiterated requests from the Chairperson of the Committee on Legal Affairs and Human Rights. Fortunately, most of the information required is contained in a Note Verbale of the Russian Permanent Representative addressed to the Council of Europe on 1 February 1998.
6. There was no reply from the French Parliamentary delegation either, but the French Permanent Representation, in a Note Verbale dated September 1997, explained the conditions for the obtention of visas for persons invited to meet in Strasbourg. These conditions may be considered to apply to Assembly members as well.
7. Generally, visa problems arise when members from Western Europe want to travel to Eastern Europe or vice-versa. Fortunately some member states in Central Europe, such as the Czech Republic and Hungary, require visas for nationals from a very few European countries only.
C. The legal situation
8. According to Article 40 of the Statute of the Council of Europe "representatives of Members and the Secretariat shall enjoy in the territories of its Members such privileges and immunities as are reasonably necessary for the fulfilment of their functions".
9. Article 40 of the Statute is further elaborated in the General Agreement on privileges and immunities of the Council of Europe which provides, in its Article 13:
"No administrative or other restriction shall be imposed on the free movement to and from the place of meeting of Representatives to the Consultative Assembly and their substitutes. Representatives and their substitutes shall, in the matter of customs and exchange control, be accorded:
a. by their own Government, the same facilities as those accorded to senior officials travelling abroad on temporary official duty;
b. by the Governments of other Members, the same facilities as those accorded to representatives of foreign Governments on temporary official duty."
10. Strangely enough the first Protocol to the General Agreement extends the parliamentary immunity of Assembly members to "any time when they are attending or travelling to and from, meetings of Committees and Sub-Committees.... whether or not the Assembly is itself in session" but there is no such an extension of the freedom of movement provided in Article 13 of the General Agreement quoted above.
11. Moreover, a practical problem is that the national authorities, who are supposed to apply these texts, are not very familiar with them. This problem is compounded by the lack of any official document, recognised by the member states, which would enable members of the Assembly to avail themselves of their immunity. The pass which is currently issued to members of the Assembly does not actually constitute an official document recognised by member states.
12. The freedom of movement is a fundamental right enshrined in the European Convention on Human Rights (see Article 2 of the 4th Protocol to the Convention).
13. The free movement of persons is also one of the pillars of the European Union. The Schengen Agreement establishes special facilities for movement of persons on the territory of seven European countries, abolishing all controls at the borders between them.
14. The Final Act of the Helsinki Conference on Security and Co-operation in Europe confirms that "the participating states make it their aim to facilitate freer movement and contacts, individually and collectively, whether privately or officially, among persons, institutions and organisations."
15. All this points in the same direction but, until now, there is no general legal instrument which obliges Council of Europe member states to admit nationals of other Council of Europe member states without prior authorisation in the form of a visa.
D. Council of Europe staff
16. The introduction of a service card for Council of Europe staff members and other measures to facilitate the granting of visas to staff members on official journeys has now been decided and is to be implemented by the Secretary General. It would not only facilitate their travelling but also their identification abroad.
17. In addition to a service card to be issued by the Secretary General, the Committee of Ministers is considering measures to ensure that Council of Europe staff on official journeys have the full benefit of entry facilities on the territory of member states.
18. Of course as members of the Assembly we are fully supporting any move to facilitate the official journeys of Council of Europe staff. However, normally the obtaining of visas for staff resident in Strasbourg is not so cumbersome given the fact that practically all Council of Europe member states have their permanent representatives in Strasbourg who are fully informed of the activities of the Council of Europe and of its needs and, as a rule, are very helpful in providing visas rapidly and efficiently. Getting visas may, however, be more difficult for Council of Europe staff stationed outside Strasbourg (Brussels, Budapest, Graz, Lisbon, Paris, Sarajevo etc.)
E. The members of the Parliamentary Assembly
19. The ideal situation in Europe will have been reached if the nationals of all our member states were allowed to move freely from one Council of Europe member state to another without need of a visa or even of a passport. We have however to be realistic and it is clear that such a situation - which existed before the first World War - will certainly not materialise in the decades to come. Yet we should make all efforts to gradually facilitate travel to and from our member states and, if no sweeping progress can be made, we should at least move step by step.
20. Of course our Assembly must avoid giving the impression of looking at its own interests only - neglecting the interests of all the other European citizens for whom it should be working. My sincere hope is that sooner or later we shall be able to do something for all Europeans but I think we should start with facilitating the official travel of members of the Parliamentary Assembly which is -after all- supposed to promote the European cause.
21. At the moment, members of the Assembly receive a card issued by the Council of Europe, which contains their name, first names, date and place of birth, nationality, their photograph, as well as their signature. It also contains an extract of the General Agreement on Privileges and Immunities and its Protocol. Although it is – unofficially – called the Council of Europe pass(port) it has no legal value.
22. To improve the situation, several options are open including the complete abandonment of visa requirements for members of the Parliamentary Assembly. This proposal definitely goes too far.
23. Another proposal is that the members of the Assembly be given a real lassez-passer, recognised as such by the member states. It should be pointed out that, under the provisions of the Protocol on Privileges and Immunities of the European Communities appended to the Treaty establishing a single Council and a single Commission, the members of the European Parliament are issued a laissez-passer stating that the holder enjoys the privileges and immunities set out in the Protocol. This laissez-passer is valid on the territory of all the member states of the European Union and on that of third-party states with which the Commission has concluded agreements. In this document, the President of the European Parliament requests the authorities of the member states of the European Union to allow the bearer to pass freely and to afford the bearer such assistance and protection as may be necessary.
24. To introduce this type of laissez-passer for members of the Assembly would entail long negotiations between the governments of the member states, in order to arrive at an international legal instrument which would take the form of an Additional protocol to the Agreement on Privileges and Immunities. This might be the only way of ensuring that such a laissez-passer would be officially recognised by member states.
25. On the other hand, one should not exclude the possibility that member states, in the Committee of Ministers, decide to acknowledge the existing Council of Europe card and decide that it could be used together with a national passport and enable the holder to enter freely any member state. When disembarking at the (air)port of entry an Assembly member should not be obliged to show more than his passport and his Council of Europe card, possibly together with some kind of proof that he or she is on an official journey (for instance a convocation letter or a draft agenda). This should suffice to get a free of charge visa rapidly on the spot for the duration of the meeting. If necessary it should also enable its holder to obtain a multiple entry visa.
26. Of course member states may be encouraged to allow entry on the basis of the Council of Europe card alone.
27. No additional international legal instrument seems to be necessary for this proposal which is made for members of the Parliamentary Assembly of the Council of Europe but which might be extended to those members of Parliament in Europe who are members of other international parliamentary bodies such as the OSCE Assembly, the NATO Assembly or the Interparliamentary Union.
F. Conclusions
28. This report does not arrive at the conclusion that there should be an additional protocol to the General Agreement on Privileges and Immunities of the Council of Europe which, in order to be effective, should be ratified by all Council of Europe member states. An informal agreement negotiated in the Committee of Ministers may be quite sufficient. Such an informal agreement would grant the right to any member of the Assembly holding a Council of Europe card, on an official journey, to obtain a visa free of charge rapidly on the spot for the duration of his or her official duties. If necessary, it should also enable its holder to obtain a multiple-entry visa. In exchange, the holder of the Council of Europe card should also be in possession of his or her national passport, possibly together with proof that he or she is on an official journey (by showing for instance a draft agenda or a convocation letter).
APPENDIX I
QUESTIONNAIRE
on the issue of visas to the members of the Parliamentary Assembly of the Council of Europe and freedom of movement for members of the Parliamentary Assembly of the Council of Europe sent to national delegations on 18 July 1996
A. National legal framework as to the issue of visas
How is the issue of visas regulated in your country? In particular, the following questions are the most relevant:
a) For which Council of Europe member state nationals is an entry visa required?
b) What is the procedure for members of the Parliamentary Assembly and members of the Council of Europe Secretariat to obtain an entry visa when travelling in an official capacity (to attend a Committee meeting or conference, for instance)?
c) In which cases can visa be refused?
d) Is there a special arrangement for those who hold a service or diplomatic passport?
e) Is the granting of long-term multiple entry visas provided for by national legislation?
f) If the granting of long-term visas is not provided for, are requests for an entry visa by members of the Council of Europe Parliamentary Assembly or members of the Council of Europe Secretariat given priority when these persons are travelling in an official capacity (to attend a Committee meeting, to participate in a visit of a rapporteur or otherwise)?
g) In case of urgency, when it has not been possible to obtain a visa prior to departure, are the authorities at ports of entry instructed, upon notification of such impossibility by the appropriate domestic authorities, to grant the appropriate visa at the port of entry to members of the Parliamentary Assembly or of the The Council of Europe Secretariat?
h) Is the granting of a visa in any of the above-mentioned cases free of charge? If not, what is the charge for the different categories of visa?
B. Factual information
What kind of problems, if any, have members of your delegation met when travelling to member states of the Council of Europe to attend a committee meeting or otherwise in an official capacity as members of the Council of Europe Parliamentary Assembly, with regard to the issue of a visa (eg. refusal, delay etc.)? Please indicate the state concerned, the nationality of the parliamentarian, the problems which arose, the reasons, if any, given by the state concerned to explain these problems and the solution, if any, finally reached.
APPENDIX II
Summary of replies received to the questionnaire
by 20 December 1996
Number of replies received: 28
Countries which replied:
Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, "the former Yugoslav Republic of Macedonia", Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Sweden, Switzerland, United Kingdom
A. National legal framework as to the issue of visas
a) Member states for which nationals an entry visa is required:
for Belgium:
Albania, Bulgaria, Croatia, Estonia, Latvia, Lithuania, "the former Yugoslav Republic of Macedonia", Moldova, Romania, Russia, Turkey, Ukraine
for Bulgaria:
Albania, Andorra, Austria, Belgium, Croatia, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, Turkey, United Kingdom (holders of diplomatic passports from Austria, Germany, Greece, Switzerland and Turkey do not require entry visas)
for Cyprus:
Albania, Andorra, Bulgaria, Estonia, Latvia, "the former Yugoslav Republic of Macedonia", Moldova, Slovenia, Turkey, Ukraine
for the Czech Republic:
Albania, Turkey (nationals from Moldova, Romania, Russia and Ukraine do not require visa but an invitation)
for Denmark:
Albania, Bulgaria, Latvia, "the former Yugoslav Republic of Macedonia", Moldova, Romania, Russia, Turkey, Ukraine
for Estonia:
Austria, Belgium, France, Germany, Greece, Italy, Luxembourg, Malta, Netherlands, Portugal, Spain, Switzerland (for these countries a visa can be obtained at the border)
The following may also need an invitation, as well as a visa, to visit Estonia: Croatia, Cyprus, Moldova, Romania, Russia, Slovenia, the former Yugoslav Republic of Macedonia, Turkey, Ukraine (those who are not holders of a diplomatic passport)
for Finland:
Albania, Bulgaria,, Estonia, Latvia, Lithuania, "the former Yugoslav Republic of Macedonia", Moldova, Romania, Russia, Turkey, Ukraine
for Germany:
Albania, Bulgaria, Estonia, Latvia, Lithuania, "the former Yugoslav Republic of Macedonia", Moldova, Romania, Russia, Turkey, Ukraine
for Greece:
Albania, Bulgaria, Estonia, Latvia, "the former Yugoslav Republic of Macedonia", Moldova, Romania, Russia, Turkey, Ukraine
for Hungary:
Albania, Turkey
for Ireland:
Albania, Bulgaria, "the former Yugoslav Republic of Macedonia", Moldova, Romania, Russia, Turkey, Ukraine
for Italy:
Albania, Bulgaria, Estonia, "the former Yugoslav Republic of Macedonia", Lithuania, Moldova, Russia, Ukraine
for Latvia:
Albania, Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Liechtenstein, Luxembourg, "the former Yugoslav Republic of Macedonia", Malta, Moldova, Netherlands, Norway, Portugal, Romania, Russia, San Marino, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine
for Liechtenstein:
see the Swiss regulation
for Lithuania:
Albania, Andorra, Austria, Belgium, Finland, France, Germany, Greece, Luxembourg, "the former Yugoslav Republic of Macedonia", Moldova, Netherlands, Portugal, Romania, Russia, San Marino, Slovenia, Spain, Sweden, Turkey, Ukraine
for "the former Yugoslav Republic of Macedonia":
Greece
for Malta:
Albania, Bulgaria, Estonia, Latvia, "the former Yugoslav Republic of Macedonia", Moldova, Romania, Russia, Ukraine
for Moldova:
Andorra, Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, Turkey, United Kingdom
for Netherlands:
Albania, Bulgaria, Croatia, Latvia, Lithuania, "the former Yugoslav Republic of Macedonia", Moldova, Romania, Russia, Turkey, Ukraine (holders of diplomatic passport from Romania and holders of diplomatic or service passport from Turkey do not require entry visas)
for Norway:
Albania, Bulgaria, Estonia, Latvia, "the former Yugoslav Republic of Macedonia", Moldova, Romania, Russia, Turkey, Ukraine
for Poland:
Albania, Turkey (holders of diplomatic, service passport from these countries and all holders of UN laissez-passer do not require entry visas)
for Portugal:
Albania, Bulgaria, Estonia, Latvia, Lithuania, "the former Yugoslav Republic of Macedonia", Moldova, Romania, Russia, Turkey, Ukraine
for Romania:
Albania, Andorra, Austria, Belgium, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, United Kingdom
for Slovak Republic:
Albania, "the former Yugoslav Republic of Macedonia", Moldova, Turkey (holders of diplomatic and service passport from Albania and Turkey do not require entry visas)
for Sweden:
Albania, Bulgaria, Estonia, Latvia, Lithuania, "the former Yugoslav Republic of Macedonia", Moldova, Romania, Russia, Turkey (excluding holders of diplomatic and service passport), Ukraine
for Switzerland:
Bulgaria, Lithuania, Romania, Turkey (excluding holders of diplomatic and service passports from these countries), Albania, Estonia, Latvia, "the former Yugoslav Republic of Macedonia", Moldova, Russia, Ukraine
for United Kingdom:
Albania, Bulgaria, "the former Yugoslav Republic of Macedonia", Moldova, Romania, Russia, Turkey, Ukraine
b) Procedure for obtaining an entry visa for the Council of Europe officials
Belgium:
visa requests could be made at Embassies and Consulates
Bulgaria:
in diplomatic and consular missions
Cyprus:
to apply to the consular posts abroad or to the Migration Officer, Ministry of Interior
Czech Republic:
no visa formalities with the exception of the Albanian and Turkish nationals, holders of tourist passports
Denmark:
through the representations, the Council of Europe officials are regarded as "bona fide" persons and can expect a quick decision regarding their visa application
Estonia:
at Embassies and Consulates or at the port of entry (in the last case on the basis of a list of participants)
Finland:
at Embassies and Consulates
Germany:
holders of the special card for members of the Parliamentary Assembly are exempt from any visa requirements (according to §4, section (1)nr. 2 of the Durchführungsverordnung zum Ausländergesetz). The Secretary General, his Deputy and their respective spouses and minor children are accorded a diplomatic status. Complete immunity from immigration restrictions, aliens' registration and residence permit requirements are also granted to categories of officials whose names the Secretary General communicates to the governments of the member states
Greece:
at the consular authorities, mentioning and - preferably - proving the purpose of the visit
Hungary:
no visa formalities with the exception of the Albanian and Turkish nationals
Ireland:
at Embassies and Consulates
Italy:
at Embassies and Consulates
Latvia:
officials may receive diplomatic and service visas at Embassies and Consulates on the basis of written request of the respective Council of Europe institution
Liechtenstein:
see the Swiss regulation
Lithuania:
at Embassies and Consulates
"the former Yugoslav Republic of Macedonia":
no visa formalities with the exception of the Greek nationals
Malta:
through the Ministry of Foreign Affairs
Moldova:
in order to obtain a visa the concerned nationals should have an invitation
Netherlands:
on the basis of Schengen Agreement
Norway:
the visa application is to be sent or delivered to a Norwegian foreign service mission or to a foreign service mission of another country which have been authorised to issue Norwegian visa
Poland:
no special procedure exists
Portugal:
at Embassies and Consulates
Romania:
at Embassies, Consulates and ports of entry
Russia:
at the Strasbourg Consulate General, on the basis of a note from the Protocol Service of the Council of Europe
Slovak Republic:
the visas are provided immediately
Sweden:
at Embassies and Consulates; no special procedure exists
Switzerland:
at the Swiss representation
United Kingdom:
application should be made to any British mission designated to issue entry clearances
c) Cases of refusal of a visa
Belgium:
if an applicant is on the lists BCS (Bulletin Central de Signalement), BNL (common list of not desirable persons in Benelux States) or SIS (Système Information Schengen); the Belgian representation is also obliged to verify if an applicant does not present a danger for public order and national security
Bulgaria:
there are no such cases
Cyprus:
if the person concerned is a prohibited immigrant under the Aliens and Immigration Law and Regulations
Denmark:
if the necessary documentary evidence of the applicant's attachment to the Council of Europe is not available; if the applicant is banned from entering Denmark or another Nordic country
Estonia:
there are no such cases (as regards the Council of Europe officials)
Finland:
if the passport is not valid or if the application form is incomplete
Germany:
if there are grounds for deporting the person concerned
Greece:
if the applicant is considered as "persona non grata"; does not have the required means; declares purpose of visit obviously different from the real one; has violated a previous entry visa
Hungary:
if the applicant fails to provide the requested data or to submit the necessary documentation, fails to prove the possession of the necessary financial means or falls under one of the prohibition categories specified by law; if the applicants rights to enter Hungary have been curtailed
Ireland:
only in cases where the Department of Justice (the Government ministry responsible for internal affairs) perceive a threat to public security or public health
Italy:
if an applicant was expelled, is on the list SIS (Système Information Schengen), represents a danger for state security or belongs to mafia type or terrorist organisation
Latvia:
if the applicant is considered as "persona non grata", listed by the Department of Citizenship and Immigration as having restrictions to enter or whose entrance and stay (residence) is not desirable, was expelled during last five years from the Republic of Lithuania or the Republic of Estonia; in cases of discrepancy in the information presented in the written request and the travel document
Liechtenstein:
see the Swiss regulation
Lithuania:
if the applicant submits a passport or another travel document which is invalid or not recognised by the Republic of Lithuania or false documents; fails to prove the possession of the necessary financial means to stay in Lithuania or to return to his country; was deported from Lithuania during the last five years; is ill or has health disorders which may cause a danger for community safety; is a member of totalitarian, terrorist, anti-state, criminal or violence-using organisation; has committed crimes against humanity and the world, is a war criminal or a participant of mass repression; has assisted another foreigner in illegal crossing of the state border of the Republic of Lithuania; was declared "persona non grata"
"the former Yugoslav Republic of Macedonia":
the cases and the procedure of refusal of visa requests are stipulated in an internal legal act of the Ministry of Interior
Malta:
if the applicant does not satisfy all requirements established by the authorities
Moldova:
if the applicant submits a false invitation or his passport is valid less than 6 months on the day of the issuing of a visa
Netherlands:
if the applicant does not meet all the conditions for the issuing of a visa
Norway:
normally, visa for the Council of Europe official will be issued unless consideration for security indicates the contrary
Poland:
if the applicant has acted to harm the interests of the Republic of Poland; has been sentenced in Poland or abroad for a crime or misdemeanour; has violated the provisions of the Polish Law on Aliens, regulations on protection of the state borders, or customs duty and foreign currencies regulations; there are other circumstances indicating that the alien's stay in the territory of Poland is undesirable from the point of view of the public interest
Portugal:
if the applicant is on the list SIS (Schengen Information System)
Romania:
if a presented document is not valid
Slovak Republic:
according to bilateral agreements or in case when citizens of the respective country have a special visa regime (not applied to the Council of Europe officials)
Sweden:
if the applicant is considered by the authorities as undesirable in the country
Switzerland:
if the applicant fails to present a valid document, fails to prove the possession of the necessary means to stay, does not present a guarantee of leaving the country after expiration of his stay
United Kingdom:
a visa may be refused to an applicant who fails to satisfy the entry clearance officer that he meets the requirements of the Immigration Rules. The principal requirements are that the person intends to leave at the end of his stated period of stay, does not intend to take employment in the UK, can maintain and accommodate himself without recourse to public funds
d) States which have special arrangements concerning the issuing of visas for the holders of service or diplomatic passports
Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Italy (?), Liechtenstein, Lithuania, "the former Yugoslav Republic of Macedonia", Malta, Moldova, Netherlands, Norway, Poland, Romania, Sweden, Switzerland
no special arrangements exist in
Bulgaria, Ireland, Latvia, Portugal, Slovak Republic, United Kingdom
e) The granting of long-term multiple entry visas is provided for by national legislation in
Belgium (as an exception), Bulgaria, Cyprus, Estonia, Finland, Germany, Greece, Hungary, Ireland (as an exception), Italy, Latvia, Liechtenstein, Lithuania, "the former Yugoslav Republic of Macedonia", Malta, Moldova, Netherlands, Norway, Poland, Romania, Russia (for the President and the Clerk of the Assembly, the Secretary General and the Deputy Secretary General of the Council of Europe and the President and Registrar of the European Court of Human Rights), Slovak Republic, Sweden, Switzerland, United Kingdom
such visas are not provided in
Denmark, Portugal
f) The members of the Council of Europe Parliamentary Assembly and the Secretariat travelling in an official capacity have the priority in obtaining entry visas in
Bulgaria, Denmark, Estonia, Greece, Ireland, Italy (?), Latvia, "the former Yugoslav Republic of Macedonia", Moldova, Norway, Poland, Portugal, Slovak Republic, Sweden, United Kingdom
g) The Council of Europe officials can be granted the appropriate visa at the port of entry in the case of urgency, when it has not been possible to obtain a visa prior to departure in
Belgium, Bulgaria, Cyprus, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy (?), Latvia, Liechtenstein, Lithuania, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Sweden, Switzerland, United Kingdom
h) The granting of visas in any of the above-mentioned cases is free of charge in
Belgium (for the holders of diplomatic or service passports)
Bulgaria
Cyprus (for the nationals of Bulgaria and Ukraine)
the Czech Republic
Denmark (no answer)
Estonia
Finland (for the holders of diplomatic or service passports)
Germany (above-mentioned visas may be granted free of charge)
Greece (no answer)
Hungary
Italy
Latvia (diplomatic and official visas)
Liechtenstein
Lithuania
"the former Yugoslav Republic of Macedonia"
Malta
Moldova (diplomatic visa)
Norway (for Russian nationals)
Poland (for the holders of diplomatic and service passports)
Portugal
Romania (for the holders of diplomatic and service passports, for the holders of tourist passports - on the basis of reciprocity)
Slovak Republic (if the visa is required by diplomatic note, on the basis of bilateral agreement or reciprocity)
Russia
Sweden (for the citizens of Estonia, Latvia, Lithuania, "the former Yugoslav republic of Macedonia", Turkey)
Switzerland
United Kingdom
payable visas are in
Ireland, Netherlands
B. Factual information
Belgium:
difficulties with obtaining Russian visa by members of national PACE delegation
Bulgaria:
problems in obtaining visas because of time limits
Cyprus:
difficulties in obtaining visas; proposal to grant visas in the ports of entry
Estonia:
cases of refusal and issue delay for obtaining Russian visa by members of national PACE delegation
Latvia:
usual difficulties for member states whose consular services are located outside of Latvia
Liechtenstein:
certain delays and additional questioning when entering countries where Liechtenstein is not very well known
"the former Yugoslav Republic of Macedonia":
difficulties that have had members of national PACE delegation while crossing the Greek border
Romania:
proposal to abolish the visa regime for the members of the Parliamentary Assembly on the basis of multilateral Agreement or reciprocity
United Kingdom:
the British Delegation has not experienced instances of the refusal of a visa on political grounds, but there have been numerous difficulties of an administrative nature regarding the obtention of visas almost exclusively with requests for official visits to the Russian Federation. Suggestions: to issue the visas for the participants of the Council of Europe meetings in the ports of entry; to send the letters of invitation in the appropriate language well in advance, ideally as soon as the visit or the meeting is confirmed; Foreign Ministries should be recommended to advise their Embassies to issue the visas for the Council of Europe officials without delay.
Reporting committee: Committee on Legal Affairs and Human Rights
Budgetary implications for the Assembly: none
Reference to committee: Docs 7595 and 7596, Reference No. 2099 of 28 June 1996
Draft recommendation adopted unanimously by the committee on 23 March 1998
Members of the committee: MM Hagård (Chairperson), Schwimmer, Bindig (Vice-Chairpersons), Mrs Aguiar, MM Ahlmann-Ohlsen, Akçali, Arzilli, Bartumeu Cassany, Besostri, Bulic, Clerfayt, Columberg (alternate: Gross), Contestabile, Dees, Demetriou, Mrs Dumont, MM Enright (alternate: Daly), Fogaš, Forni, Mrs Frimansdóttir, MM Frunda, Fuhrmann, Fydorov, Mrs Gelderblom-Lankhout, Ms Jäätteenmäki, MM Jaskiernia, Jeambrun, Kelam, Lord Kirkhill, MM Kostytsky, Mrs Krzyzanowska, MM Loutfi, Magnusson, de Marco, Martins, Marty, McNamara, Mészáros, Micheloyiannis, Mozetic, Nastase, Németh, Pantelejevs, Pavlov, Mrs Plechatá, Mrs Pobedinskaya, MM Pollo (alternate: Minorarolli), Polydoras, Poppe, Rippinger, Robles Fraga (alternate: Lopez Henares), Rodeghiero, Simonsen, Solé Tura (alternate: Mrs Calleja), MM Staciokas, Lord Steel, MM Sungur, Symonenko, Tahiri, Vishnyakov (alternate: Kovalev), Vyvadil, Weyts, Wittmann, Mrs Wohlwend.
N.B. The names of those members who were present at the meeting are printed in italics.
Secretaries to the committee: Mr Plate, Ms Coin and Ms Kleinsorge