EU Commission launches infringement procedure against Portugal’s CPLP visas

Login

Register

http://www.clubofmozambique.com/

EU Commission launches infringement procedure against Portugal’s CPLP visas

2:18 CAT | 02 Oct 2023

File photo: Lusa

The European Commission has initiated an “infringement procedure” against Portugal over its new residence permits for citizens of the Community of Portuguese Speaking Countries (CPLP).

Portugal’s president, Marcelo Rebelo de Sousa, on Sunday denied any incompatibility between the European and Portuguese visa regimes.

“Portugal has been explaining for many years why there is no incompatibility between the [visa] regime adopted in relation to the CPLP and the European Community regime. We have already explained why there is no contradiction, there is no clash. So far this has been accepted and we believe that we will make our point of view count,” President de Sousa said.

The Portuguese head of state was speaking to journalists in Saint-Étienne, France, on the sidelines of a meeting with Portuguese residents there.

It is the Commission’s opinion that Portugal does not comply with European obligations to “a uniform format for residence permits for third-country nationals”, and that it fails to comply with the Schengen Agreement on free movement.

“The CPLP Mobility Agreement provides for a residence permit which is not compliant with the uniform format as laid down in Regulation (EC) 1030/2002. In addition, both the residence permits as well as the long-stay visas issued for job-seeking purposes to nationals of the CPLP states do not allow their holders to travel within the Schengen area,” information shared by the Commission reads (see full text below).

Portugal has already been notified of the infringement procedure and “now has two months to respond to the letter and address the shortcomings identified by the Commission”.

Marcelo Rebelo de Sousa said he considered it “an irony of fate” that “for so many years this has not been a problem, and suddenly it is discovered that there is an illegality that did not exist in the past”.

“We’ll wait and see,” the Portuguese president said.

Since March, Portugal has been operating a new portal provided by the Foreigners and Borders Service (SEF) that allows immigrants from the Community of Portuguese Speaking Countries (CPLP) with processes pending by December 31, 2022, to obtain a residence permit automatically.

According to official data, there are around 150,000 immigrants from Portuguese-speaking countries in Portugal with processes pending at the SEF.

The residence permit for CPLP citizens in Portugal is granted within the scope of the Mobility Agreement between the organization’s member states.

In addition to Portugal, the CPLP includes Cape Verde, Brazil, Timor-Leste, Guinea-Bissau, Equatorial Guinea, São Tomé and Príncipe, Angola and Mozambique.

Here is the text of the Commission’s communique:

Document Security and Schengen Convention: Commission calls on Portugal to align the provisions of their Community of Portuguese Language Countries (CPLP) Mobility Agreement with EU law.

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Portugal (INFR[2023]4012) concerning the provisions of the Community of Portuguese Language Countries (CPLP) Mobility Agreement.

The Commission considers that Portugal failed to fulfil its obligations under Council Regulation (EC) 1030/2002 of June 2002 laying down a uniform format for residence permits for third-country nationals and under the Convention implementing the Schengen Agreement of June 1985, as amended by Regulation (EU) 265/2010.

The CPLP Mobility Agreement provides for a residence permit which is not compliant with the uniform format as laid down in Regulation (EC) 1030/2002. In addition, both the residence permits as well as the long-stay visas issued for job-seeking purposes to nationals of the CPLP states do not allow their holders to travel within the Schengen area.

Portugal now has two months to respond to the letter and address the shortcomings identified by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Source: Lusa / European Commission