When the European Commission presented its proposals for a new package of European Union sanctions against Russia to member states earlier this month, a key suggestion was a ban on entry into the Schengen Area for anyone who has fought for the Russian army or pro-Kremlin militias in Ukraine over the past four years.
Initially, there were few details, but now more information is being revealed. Estonia was the first country to signal that Russian entry into the EU could be a problem, warning other EU capitals that around 1.5 million Russian citizens have participated in military operations in Ukraine since February 2022, while around 650,000 others are in active military service.
Tallinn also warned that there is a link between former soldiers and the rise in violence within Russia: It is estimated that 180,000 prisoners have been recruited to serve in special army units, and many of them have already returned to criminal activities.
Earlier this year, with fears growing that many of the former fighters would also go to the EU, Estonia began identifying soldiers and former soldiers, largely using social media accounts, and began imposing so-called Schengen entry bans on hundreds of them.
Such a ban, which is valid for five years, prevents any citizen coming from non-EU countries from entering all countries in the European bloc, except Cyprus and Ireland, as well as non-Schengen Zone countries such as Iceland, Liechtenstein, Norway and Switzerland.
While issuing or refusing visas is a national competence, a more comprehensive EU approach would be necessary for these bans to work. EU member states have therefore – both during the leaders’ summit in March and now in June – asked the EC to prepare various assessments on ways to make it easier to detain these people.
Last week, the EC submitted a three-page assessment, seen by Radio Free Europe , on the issue of “possible ways to address the issue of Russian fighters”, with the aim of reaching an agreement on this topic – as well as on other sanctions – by the meeting of EU foreign ministers on July 13 in Brussels. What do the proposals contain?
The first proposal is an update of the 2022 EC guidelines on visa issuance for applicants from Russia. Visa issuance has already been very strict since Russia’s full-scale invasion of Ukraine in 2022, after Brussels suspended a visa facilitation agreement with Moscow. This led to higher fees, longer waiting times and more documentation requirements.
However, this has not yet prevented the arrival of Russian citizens in large numbers on tourist visas, often issued by southern EU states that depend on tourism.
This amendment would provide EU member states with additional guidance on how to assess applications from former Russian fighters, emphasizing in particular that the burden of proof should be on the applicant and not on the consulate of the EU member state examining the application.
This would include background checks for all men of military age applying for visas, as well as potentially interviews as part of the application process – something that is not currently standard procedure.
A second proposal gives consulates and diplomatic missions of EU member states in Russia and other countries outside the Schengen Area the right to update the existing list of documents required for Russians applying for visas.
This would mean that applicants, such as men of draft age, would have to submit their official military identification documents, which contain data on their military service. Another measure, with a long-term effect, envisages updating the EU Visa Code – the legislation governing all types of Schengen visas.
If approved by a qualified majority of member states (55 percent of the 27 EU countries, representing 65 percent of the total EU population), this would allow the bloc to decide on the suspension, refusal or general restriction of visa applications submitted by “third-country nationals who pose a concrete risk to the security, public order or international relations of the EU”, according to an EC assessment.
This could mean a complete ban on issuing visas to Russian citizens, although such a scenario remains unlikely. It is more likely that the European Commission will draft measures targeting certain categories, such as former and current Russian fighters.
Proposals to amend the legal framework at the European Union level are already being prepared and could be submitted for approval in early 2027.