En of august, the EU foreign ministers have agreed to restrict the entry of Russian citizens into Europe in the future. How far this should go, however, remains controversial.
Foreign ministers are somewhat of the chief diplomats of their countries, and this is usually reflected in their language. But when EU foreign ministers discussed a visa ban on Russian tourists in Prague, some of them expressed unusual and extreme emotions. Going from intensive support for the visa ban from Estonia and Denmark. To a little more restraint from Greece and Germany for example.
Here, the public outrage that built up over the summer rang through. In the Baltic states and in northern Europe, where Finland in particular has become a gateway for Russian tourists. There are reports of Maseratis with Russian license plates whose owners go on shopping sprees in Helsinki or throw wild parties in clubs. All quite legal, they come with a visa issued by a member country of the EU. It is valid for the whole Schengen area, often for multiple entries. It’s just not as easy to get in as it used to be, because there are no direct flights to the member countries anymore.
Now, direct entry is only possible by land – but that doesn’t really seem to discourage hardly anyone. According to the latest data from the EU border agency Frontex, almost exactly one million Russians have entered the EU by visa since the Russian incursion began. Of these, 330 thousand used the small border traffic with Finland alone, and 280 thousand crossed the Estonian border. There were 35 thousand in Latvia and 135 thousand in Lithuania. Border traffic was particularly intensive in the summer months. Lithuania recorded 75 thousand Russian visitors in August alone, three times as many as in February. These are the four states most affected. Three of them have elections coming up: Latvians vote in early October, Estonians in March, and Finns in April. This puts the governments under particular pressure. In Germany, the situation is quite different. According to the German government, 15 thousand so-called Schengen visas have been issued to Russians since the beginning of the year, allowing a visit of a maximum length of ninety days. In addition, 11 thousand national visas for longer-term stays, usually for work or study. Before the war and the pandemic, there were typically 30 thousand Schengen visas per month. In Belgium and France, it is quite similar. This is due to the different view, perhaps also awareness of the problem, with which the department heads came to Prague.
When it comes to visas, one has to distinguish between the “warmongers” around President Putin, and all the other Russian citizens, the artists, the students, the journalists who are not responsible for the war. It is important not to cut them off. Of course, Russia’s neighbors are also open to this exception. They are particularly committed to Russian opposition figures and have close contacts in civil society. After all, there is also such a thing as silent protest. There aren’t only the open regime critics that need help. With them, EU must continue to have contacts.
The EU should strategically fight for the “hearts and minds” of the Russian population – at least those parts that are not yet completely alienated from the West. Some of the Baltic countries placidly rejected that by countering “We have been issuing visas to Russians for thirty years in the hope that this country will change. In fact, it has become worse”.
So both sides had to move to find a compromise in Prague between a broad ban on Russians entering the country and targeted sanctions that hit only a few hundred or thousand people. The debate was described as lively, even heated. Ministers responded directly to each other, rather than reading out speaking notes as is often the case. They couldn’t agree on simply stop facilitating the issuance of visas to Russians.
The visa facilitation agreement that the EU concluded with Russia in 2007 had already been restricted the day after the war began – for representatives of the Russian government, the highest courts, diplomats and businessmen. Now it is to be suspended completely. This will increase the fee for a visa for all applicants from 35 to 80 euros. Most importantly, it will make it more difficult to apply for entry permits because national authorities will be able to determine for themselves what evidence and documentation they require. A fast-track procedure, in which a visa can be obtained within three days, will definitely no longer exist.
But how long will it take then ? Anyone who has ever submitted a proper visa application knows that, in case of doubt, it can take months. That gives countries flexibility to prioritize. Finland, has now closed the border completely for Russian civilians. The Belgian foreign minister pointed out that her embassy in Moscow could hardly issue visas after Moscow expelled two-thirds of its diplomats. The German embassy has also cut its staff in half. The Czech Republic now only allows entries for humanitarian reasons. All this could very much make Russians feel completely alienated and could also play into Putins hands.
For the Baltics, however, it was not enough merely to restrict the issuance of new visas. After all, this alone would probably not drastically reduce border traffic. According to national and EU officials, ten to twelve million Russians still have valid entry permits; they were often issued for several years. It is true that, according to the Border Code, the states of the Schengen area can also deny entry to visa holders for reasons of national security. They can even cancel the visa. However, each individual case must be examined and justified in writing; a blanket refusal is not permissible. In addition, the decision can be challenged in court.
The Baltic states therefore pushed for an amendment to the Schengen Border Code. However, Germany and France did not want to go that far. But all states acknowledged that Russia’s neighbors can take national measures to restrict entry. However, this must and should be done always in accordance with the Schengen Borders Code. The three Baltic states, Finland and Poland plan to coordinate their further course of action. Extensive case-by-case checks are being considered. This would then lead to long queues and could deter many from entering the country.
By The European Institute for International Law and International Relations.
