Council Regulation (EC) No 415/2003
of 27 February 2003
on the issue of visas at the border, including the issue of such visas to seamen in transit
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 62, point (2)(b)(ii), thereof,
Having regard to the initiative of the Kingdom of Spain(1),
Having regard to the opinion of the European Parliament(2),
Whereas:
(1) The rules for issuing visas at the border to seamen in transit need to be clarified and updated, in particular to allow group transit visas to be issued at the border to seamen who are of the same nationality and are travelling in a group, as long as the period of transit is limited.
(2) It is therefore necessary to replace the rules contained in the Schengen Executive Committee Decision of 19 December 1996 on issuing visas to seamen in transit (SCH/Com-ex (96) 27)(3) by the rules set out in this Regulation. In the interests of clarity, these rules should be amalgamated with the general rules contained in Schengen Executive Committee Decision of 26 April 1994 on the issue of uniform visas at the border (SCH/Com-ex (94) 2)(4), which also corresponds to Annex 14 of the Common Manual(5). The said Decisions and Annex should therefore be repealed. The Common Manual and the Common Consular Instructions on visas for the diplomatic missions and consular posts(6) should also be amended to take into account this Regulation.
(3) When deciding on the format of the separate sheet mentioned in Annex I to which the group transit visa should be affixed, Member States should take into account the uniform format, as set out in Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form(7).
(4) The measures necessary for the implementation of this instrument should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(8).
(5) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Regulation, and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Regulation whether it will implement it in its national law.
(6) As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis(9), which fall within the area referred to in Article 1, point A, of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement(10).
(7) This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis(11); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.
(8) This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis(12); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.
(9) This Regulation constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the Act of Accession,
HAS ADOPTED THIS REGULATION:
Article 1
1. By way of derogation from the general rule that visas shall be issued by diplomatic and consular authorities, in accordance with the provisions of Article 12(1) of the Convention implementing the Schengen Agreement of 14 June 1985, signed at Schengen on 19 June 1990(13), hereinafter referred to as the "Schengen Convention", a third-country national who is required to be in possession of a visa when crossing the external borders of the Member States, may exceptionally be issued with a visa at the border where the following conditions are satisfied:
(a) he or she shall fulfil the conditions laid down by the provisions of Article 5(1)(a), (c), (d) and (e) of the Schengen Convention;
(b) he or she has not been in a position to apply for a visa in advance;
(c) he or she shall submit, if required, supporting documents substantiating unforeseeable and imperative reasons for entry, and
(d) return to his or her country of origin or transit to a third State shall be assured.
2. A visa issued at the border when the conditions described in paragraph 1 are satisfied may, as appropriate, be either a transit visa (type B) or a travel visa (type C) within the meaning of the provisions of Article 11(1) of the Schengen Convention, which
(a) is valid for all Member States applying the provisions of Title II, Chapter 3, of the Schengen Convention, or
(b) has limited territorial validity within the meaning of the provisions of Article 10(3) of the Schengen Convention.
In both cases, the visa issued shall not be valid for more than one entry. The validity of such travel visas shall not exceed 15 days. The validity of such transit visas shall not exceed five days.
3. A third-country national who applies for a transit visa at the border shall be in possession of the visas required to continue his or her journey to States of transit other than Member States applying the provisions of Title II, Chapter 3, of the Schengen Convention, and for the State of destination. The transit visa issued shall allow for direct transit through the territory of the Member State or Member States concerned.
4. A third-country national falling within a category of persons for which it is obligatory to consult one or more of the central authorities of other Member States shall not, in principle, be issued with a visa at the border.
Nevertheless, a visa may be issued at the border for such persons in exceptional cases, in accordance with the provisions of Article 5(2) of the Schengen Convention.
Article 2
1. A seaman who is required to be in possession of a visa when crossing the external borders of the Member States may be issued with a transit visa at the border where:
(a) he fulfils the conditions in Article 1(1) and (3), and
(b) he is crossing the border in question in order to embark on, re-embark on or disembark from a ship on which he will work or has worked as a seaman.
The transit visa shall be issued in compliance with the provisions of Article 1(2) and, in addition, shall include a mention that the holder is a seaman.
2. Seamen who are of the same nationality and travelling in a group of between five and 50 individuals may be issued with a group transit visa at the border where the requirements of paragraph 1 above are met in respect of each of the seamen in the group.
3. Before issuing a visa at the border to a seaman or seamen in transit, the competent national authorities shall comply with the operational instructions set out in Annex I.
4. When carrying out these operational instructions, the competent national authorities of the Member States shall exchange the necessary information concerning the seaman or seamen in question by means of a duly completed form for seamen in transit as set out in Annex II.
5. Annexes I and II shall be amended in accordance with the regulatory procedure referred to in Article 3(2).
6. This Article shall apply without prejudice to the provisions of Article 1(4).
Article 3
1. The Commission shall be assisted by the Committee set up by Article 6 of Regulation (EC) No 1683/95(14).
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.
3. The Committee shall adopt its rules of procedure.
Article 4
This Regulation shall not affect the competence of Member States with regard to the recognition of States and territorial units and passports, travel and identity documents issued by their authorities.
Article 5
1. The following shall be repealed:
(a) Schengen Executive Committee Decision (SCH/Com-ex (94) 2) of 26 April 1994, and
(b) Schengen Executive Committee Decision (SCH/Com-ex (96) 27) of 19 December 1996.
2. Point 5 and point 5.1 of Part II of the Common Manual shall be replaced by the following:
"The rules on issuing visas at the border, including the issue of such visas to seamen in transit, are contained in Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of such visas to seamen in transit(15) (see Annex 14)."
3. The first sentence of Annex 14 shall be replaced by the following:
"The rules on the issue of visas at the border, including the issue of such visas to seamen in transit, are contained in, or adopted on the basis of, Council Regulation (EC) No 415/2003."
The rest of Annex 14 shall be repealed.
4. The following sentence shall be added at the end of point 2.1.4 of Part I of the Common Consular Instructions:
"By way of derogation from the foregoing, group transit visas may be issued to seamen in accordance with the provisions of Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of such visas to seamen in transit(16)."
Article 6
This Regulation shall enter into force on the first day of the second month following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.
Done at Brussels, 27 February 2003.