Local view for "http://purl.org/linkedpolitics/eu/plenary/2001-01-18-Speech-4-208"
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"en.20010118.11.4-208"2
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". – Mr President, on behalf of the Commission, I should like to offer my congratulations on the thorough and exhaustive work of the rapporteur, Mr Deprez.
The Commission supports the objective pursued by the French initiative to facilitate freedom of movement within the Schengen area for holders with long-stay visas prior to the issue of a residence document with equivalent status to a visa.
However, the Commission cannot support the selected legal basis, which has obvious implications for the content of the actual instrument. The Commission accordingly shares your rapporteur's position. It considers that the proper legal basis for this regulation is Article 62(3) of the EC Treaty, "measures setting out the conditions under which nationals of third countries shall have the freedom to travel within the territory of the Member States during a period of no more than three months".
For the sake of consistency with that legal basis, the Commission also agrees with your rapporteur on the need to amend Article 21 of the Convention for the implementation of the Schengen Agreement, which regulates the movement of foreigners, rather than Article 18. The latter article merely specifies that long-stay visas are issued on a national basis and sets the conditions for transit by holders of long-stay visas.
The only further point that the Commission might add to those made by the rapporteur is this: it regards the amendments to the Common Consular Instruction as going far enough. It is also necessary to amend the Common Manual so that border police can be informed of the new status of the long-stay visa.
Finally, the Commission can confirm its intention of shortly presenting an overall proposal for legislation as regards the right to travel in the Schengen area to avoid fragmentary action that would not be conducive to transparency and clarity in the public mind or certainty as to the law."@en1
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