JUNE 18 2009 TRAVEL WARNINGS (FOR ALL-IRISH) APPLICABLE TO ALL IRISH-TRAVELLERS IN THE EU
ENTERS INTO FORCE : WITH IMMEDIATE EFFECT.
WRITTEN QUESTION E-4659/0 by Mr Jim Higgins MEP (PPE-DE | FG-Irl) to the Commission (28.08.2008) [click here for link to the EP website] Subject: Schengen
Are
Irish patients who are in possession of narcotic substances for their
medical treatment liable to be arrested and prosecuted when they visit
another Member State if they are not in possession of a Schengen
Medical Certificate(*) whilst in transit across those other jurisdictions?
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*: OJ L 239, 22.9.2000, p. 463. E-4659/08EN |
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Answer : by COMMISSIONER M. J. Barrot, on behalf of the Commission (16.10.2008)
[Mr Jacques Barrot currently serves as Commissioner for Justice, at the European Commission in Brussels] [click here for link to the EP website]
Article
75, sub 1 of the Schengen agreement reads: "As regards the movement of
travellers to the territories of the Contracting Parties or their
movement within these territories, persons may carry the narcotic drugs
and psychotropic substances that are necessary for their medical
treatment provided that, at any check, they produce a certificate
issued or authenticated by a competent authority of their State of
residence."
The introduction of the
certificate according to Article 75 Schengen aims to safeguard the free
movement of travellers between and within the Schengen Member States,
as national legislation on the availability and control of medical
products that are (partly) based on narcotic drugs and/or psychotropic
substances may vary between Member States. The presence of an
authenticated certificate can avoid unnecessary delays and
misunderstandings.
In cases where the patients reside in a Member State that does not participate in the Schengen Agreement, such as Ireland,
they are advised to ask for prior approval from the Embassy/Consulate
of the Member State that will be passed through or visited.
The
same is valid for travels to a Member State which does not participate
in the Schengen area without international border controls.
Even
though there may be no formal medical passport control in most Member
States, travellers may need to justify the presence of medicines that
are (partly) based on narcotic drugs and/ or psychotropic substances in
their belongings when found in checks.
In
cases where patients pass through or arrive in a Member State without a
Schengen Medical Certificate or a prior approval note from the
authorities in question, they might be subject to arrest and further
criminal proceedings, depending on the legislation and legal practice
as well as on the status of the medication concerned in that country.
ANSWER RECEIVED FROM
Mr J. REGALO CORREA
Head of Unit / Chef d'unité [ Link to document - with signature as seen hereunder]
Ref.: ANSWER: DOCUMENT <a272242> of 16 Oct 2008.
For
all questions in relation to the above Notice from the European
Commission, please refer to the offices of the relevant Secretariat:
joao.correa@europarl.europa.eu - www.europarl.europa.eu
L-2929 Luxembourg - Tél +352 43 00 22289 - Fax +352 43 00 32274
B-1047 Bruxelles - Tél +32 2 28 44027 - Fax +32 2 28 49019
F-67070 Strasbourg - Tél +33 3 88 1 74797 - Fax +33 3 88 1 71341
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