Cecilia Malmström, the European commissioner for home affairs, is facing another Denmark-inspired challenge to the European Union’s Schengen area of borderless travel. Denmark’s interpretation of common visa rules has presented citizens of nearly 30 countries with major obstacles if they want to travel to the country.
The problem has arisen from disagreement between Denmark and Finland, France and Germany, which have until recently represented Danish interests where Denmark has no diplomatic mission. Denmark is insisting on double-checking decisions made on its behalf – in conflict with established practice between Schengen members. The victims of the spat are citizens of countries where Denmark has no consulate – which includes the EU neighbourhood states of Armenia, Belarus and Tunisia.
In September, Denmark suspended bilateral agreements with Finland and Germany that allowed visa applicants to submit their documents to Finnish or German consulates in countries with no Danish representation.
The suspension was in retaliation for the rejection by Finland and Germany of Denmark’s demand that all applications also had to be screened in Denmark. France has also terminated a similar agreement with Denmark, in protest against Denmark’s insistence on vetting any visa application France wanted to reject.
‘Unfortunate situation’
A spokesman for Malmström said that the disagreement created an “unfortunate and difficult situation”, and that the Commission was following it closely. The spokesman said: “The Commission will be in contact with the Danish authorities and with the interested member states with the aim of facilitating a suitable solution to ensure the smooth functioning of the Schengen area.”
Under the Schengen rules, visitors’ visas are valid across the entire area, but they have to be issued by the country that is a visitor’s main destination.
In places where a member state has no consulate, it may conclude a bilateral representation agreement with another Schengen member.
Such agreements may either cover the submission of visa applications only, or the handling of the entire procedure, including a final decision to reject an application.
Denmark’s justice ministry has said that it will seek to change the rules so that the representation agreements can be restored.
The countries affected
Denmark was represented by France in Armenia, Cameroon, the Central African Republic, Chad, the Dominican Republic, Haiti, Mauritius, Niger, Qatar, the Seychelles and St. Lucia.
Denmark’s suspended agreement with Germany covers the countries of Central Asia as well as Bahrain, Belarus, Botswana, Cyprus, Libya, Mauritania, Mongolia, Paraguay and Yemen.
The agreement with Finland, also suspended, applies to Namibia, Peru and Tunisia.