Travelling visa for the US

Anthony Micallef asks: Why do we still need a visa to travel to the United States?
I was told that the US has a visa waiver programme which allows citizens of EU countries to enter the US without a visa. However, this does not apply to Malta and therefore Maltese citizens still need a visa to travel to the US. Why is Malta being treated differently?

It is true that the US has a visa waiver programme (VWP) whereby citizens of some EU countries are allowed to enter the US visa-free for up to 90 days.

So far, this applies to 15 out of the 25 EU countries. It does not apply to nine of the 10 new EU member states (except Slovenia) and to Greece. Therefore, citizens from these countries, including Malta, are still required to obtain a visa before travelling to the US.

Malta is not being singled out. There are another nine countries in our situation.

At the outset it must be said that it is EU policy to ensure that citizens of all EU countries can travel without a short-stay visa to all countries whose nationals can travel to the EU without a visa.

Now in our case, the situation is as follows: Malta does not impose a visa requirement on US citizens. By contrast, however, the US imposes a visa requirement on Maltese citizens who wish to travel to the US.

This means that there is no reciprocity between the two countries. Reciprocity means that if one side removes the visa requirement the other side would normally reciprocate by removing it as well. I therefore feel that reciprocity should apply and the US should lift the visa requirement on Maltese citizens.

Moreover, the VWP programme should be extended to all EU countries and Maltese citizens too should benefit from visa-free travel to the US. The difference in treatment between EU countries and between EU citizens smacks of discrimination.

Recently, I referred this matter to the European Commission in a parliamentary question I tabled in the European Parliament. I asked the Commission to tell me whether it is taking any steps to rectify this kind of discriminatory situation against EU citizens. I also asked the Commission to tell me what action it intends to take to ensure that all citizens of all the member states, whether new or old, receive equal treatment from the US with regard to visa arrangements.

Replying to my question, EU Commissioner Franco Frattini responsible for justice and home affairs said that the Commission considers reciprocity to be an essential principle with regard to visas.

Under EU law, a reciprocity mechanism is available to deal with situations of non-reciprocity. This is a sort of solidarity mechanism whereby EU countries show solidarity with fellow member countries that are treated differently with regard to visa requirements.

Mr Frattini explained however that this mechanism was not considered to be sufficiently effective and in fact it had never been used by member states experiencing a situation of non-reciprocity.

For this reason, in July 2004 the Commission presented a proposal to amend EU law in order to make the reciprocity mechanism more flexible and thereby increase its effectiveness and credibility.

The new mechanism would oblige the Commission to initiate proceedings with third countries whose citizens are exempt from the visa requirement when travelling to the EU but which, at the same time, either maintain or introduce a visa requirement for nationals from one or more member states.

Last June the EU Council of Ministers adopted the new law, following a positive opinion of the European Parliament. In terms of this new law, EU countries, including Malta, can notify the Commission on cases of non-reciprocity. Notifications are published in the Official Journal and the Commission will then initiate procedures with the authorities of the third country in question with a view to re-establishing the visa exemption.

Within 90 days following the publication of those notifications, the Commission must report to the Council, accompanying its report, if necessary, with a proposal for a temporary re-establishment of the visa obligation for nationals of the third country or countries concerned.

So essentially, as confirmed by Mr Frattini, there is now a more effective mechanism in place to deal with situations of non-reciprocity.

All we need to do is use it.

I am informed that the Maltese authorities are looking at situations where reciprocity is not being applied to the benefit of Maltese citizens. The new law imposed a deadline until July 24 of this year for notifications.

I trust that the national authorities will call upon the European Commission to use this mechanism in order to ensure that Maltese citizens are treated in the same way as the other 15 EU countries with respect to the visa requirement to travel to the US.

Incidentally, the US is not the only case. Brazil is another country which still imposes a visa on Maltese citizens despite the removal of this requirement on our part.

I will continue to monitor developments on this issue until it is settled positively.

Readers who would like to raise issues or ask a question are invited to send an e-mail to Dr Busuttil to contact@simonbusuttil.com, making reference to this column.