The Schengen acquis as referred to in Article 1(2) of Council Decision 1999/435/EC of 20 May 1999 - Introductory note - Contents - Abbreviations used
Date: 2000-09-22
Institutions: Council of the European Union
Subjects: Schengen Agreement, Treaty on European Union, cooperation policy, information, legal basis

22.9.2000

EN

Official Journal of the European Communities

1

II

(Acts whose publication is not obligatory)

COUNCIL

THE SCHENGEN ACQUIS

as referred to in Article 1(2) of Council Decision 1999/435/EC of 20 May 1999 (*)

(*) OJ L 176, 10.7.1999, p. 1.

2

EN

Official Journal of the European Communities

22.9.2000

CONTENTS

Abbreviations used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Introductory note . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Page

8

9

1. AGREEMENT (cid:151) CONVENTION (cid:151) ACCESSIONS

Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of checks at their common borders . . . . . . . . . . . . .

13

Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of
the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
abolition of checks at their common borders

Agreement on the Accession of the Italian Republic to the Convention implementing the Schengen Agreement
of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic
of Germany and the French Republic on the gradual abolition of checks at their common borders signed at
Schengen on 19 June 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreement on the Accession of
the Kingdom of Spain to the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders
signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at Paris on
27 November 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreement on the Accession of
the Portuguese Republic to the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders
signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at Paris on
27 November 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreement on the Accession of the Hellenic Republic to the Convention implementing the Schengen Agreement
of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic
of Germany and the French Republic on the gradual abolition of checks at their common borders signed at
Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at Paris on 27
November 1990, and to which the Kingdom of Spain and the Hellenic Republic acceded by the Agreements
signed at Bonn on 25 June 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreement on the Accession of
the Republic of Austria to the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders
signed at Schengen on 19 June 1990, to which the Italian Republic, the Kingdom of Spain and the Portuguese
Republic, and the Hellenic Republic acceded by the Agreements signed on 27 November 1990, on 25 June
1991 and on 6 November 1992 respectively . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agreement on the Accession of the Kingdom of Denmark to the Convention implementing the Schengen
Agreement of 14 June 1985 on the gradual abolition of checks at the common borders signed at Schengen on
19 June 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

63

69

76

83

90

97

22.9.2000

EN

Official Journal of the European Communities

3

Agreement on the Accession of
the Republic of Finland to the Convention implementing the Schengen
Agreement of 14 June 1985 on the gradual abolition of checks at the common borders signed at Schengen on
19 June 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

106

Page

Agreement on the Accession of
the Kingdom of Sweden to the Convention implementing the Schengen
Agreement of 14 June 1985 on the gradual abolition of checks at the common borders signed at Schengen on
19 June 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

115

2. (cid:151) DECISIONS OF THE EXECUTIVE COMMITTEE AND THE CENTRAL GROUP

(cid:151) DECLARATIONS OF THE CENTRAL GROUP

2.1. HORIZONTAL

Decision of the Executive Committee of 14 December 1993 concerning the declarations by the Ministers and
State Secretaries (SCH/Com-ex (93) 10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

127

Decision of the Executive Committee of 14 December 1993 concerning the confidential nature of certain
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
documents (SCH/Com-ex (93) 22 rev.)

129

Decision of
implementing the Schengen Agreement of 19 June 1990 (SCH/Com-ex (94) 29, rev. 2)

the Executive Committee of 22 December 1994 on bringing into force the Convention
. . . . . . . . . . . . . . . . . . .

130

Decision of the Executive Committee of 20 December 1995 on the procedure for applying Article 2(2) of the
Convention implementing the Schengen Agreement (SCH/Com-ex (95) 20, rev. 2) . . . . . . . . . . . . . . . . . . . . . . .

133

Decision of the Executive Committee of 7 October 1997 on bringing into force the Convention implementing
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Schengen Agreement in Greece (SCH/Com-ex (97) 29, rev. 2)

135

Decision of the Executive Committee of 23 June 1998 concerning the confidential nature of certain documents
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(SCH/Com-ex (98) 17)

137

Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and implementation of Schengen (SCH/ Com-ex (98) 26 def.)

138

Decision of the Executive Committee of 23 June 1998 on a catch-all clause to cover the whole technical
Schengen acquis (SCH/Com-ex (98) 29 rev.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

144

Decision of the Executive Committee of 16 September 1998 setting up an Ad Hoc Committee for Greece
(SCH/Com-ex (98) 43 rev.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

145

Decision of
Convention in Greece (SCH/Com-ex (98) 49 rev. 3)

the Executive Committee of 16 December 1998 on bringing into force the Implementing
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

147

4

EN

Official Journal of the European Communities

22.9.2000

2.2. TITLE II CONVENTION: ABOLITION OF CHECKS AT INTERNAL BORDERS AND MOVEMENT OF

PERSONS

Page

Decision of the Executive Committee of 14 December 1993 extending the uniform visa (SCH/Com-ex (93) 21)

151

Decision of the Executive Committee of 14 December 1993 on the common principles for cancelling, rescinding
or shortening the length of validity of the uniform visa (SCH/Com-ex (93) 24) . . . . . . . . . . . . . . . . . . . . . . . . . .

154

Decision of the Executive Committee of 26 April 1994 on adjustment measures aiming to remove the obstacles
to and restrictions on traffic at road crossing points at internal borders (SCH/Com-ex (94) 1, rev. 2) . . . . . . . . . .

157

Decision of the Executive Committee of 26 April 1994 on the issue of uniform visas at borders (SCH/Com-ex
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(94) 2)

163

Decision of
the Executive Committee of 21 November 1994 introducing a computerised procedure for
consulting the central authorities referred to in Article 17 (2) of the Convention (SCH/Com-ex (94) 15 rev.) . . . .

165

Decision of the Executive Committee of 21 November 1994 on the acquisition of common entry and exit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
stamps (SCH/Com-ex (94) 16 rev.)

166

Decision of
the Executive Committee of 22 December 1994 introducing and applying the Schengen
arrangements in airports and aerodromes (SCH/Com-ex (94) 17, rev. 4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

168

Decision of the Executive Committee of 22 December 1994 on the exchange of statistical information on the
issuing of uniform visas (SCH/Com-ex (94) 25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

173

Decision of the Executive Committee of 5 May 1995 on common visa policy. Decision contained in the minutes
of the meeting of the Executive Committee held in Brussels on 28 April 1995 (SCH/Com-ex (95) PV 1 rev.) . . . .

175

Decision of the Executive Committee of 20 December 1995 on the swift exchange between the Schengen States
. . . . . . . .
of statistical and specific data on possible malfunctions at the external borders (SCH/Com-ex (95) 21)

176

Decision of
the Executive Committee of 27 June 1996 on the principles for issuing Schengen visas in
accordance with Article 30(1)(a) of the Convention implementing the Schengen Agreement (SCH/Com-ex (96)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 rev. 1)

180

Decision of the Executive Committee of 19 December 1996 on issuing visas at borders to seamen in transit
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(SCH/Com-ex (96) 27)

182

Decision of the Executive Committee of 15 December 1997 on the harmonisation of visa policy (SCH/Com-ex
(97) 32) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

186

22.9.2000

EN

Official Journal of the European Communities

5

Decision of
concerning a uniform format for residence permits (SCH/Com-ex (97) 34 rev.)

the Executive Committee of 15 December 1997 on the implementation of

the Joint Action
. . . . . . . . . . . . . . . . . . . . . . . . .

Page

187

Decision of the Executive Committee of 15 December 1997 on the guiding principles for means of proof and
indicative evidence within the framework of readmission agreements between Schengen States (SCH/Com-ex (97)
39 rev.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

188

Decision of the Executive Committee of 21 April 1998 on the activities of the Task Force (SCH/Com-ex (98) 1,
rev. 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

191

Decision of the Executive Committee of 21 April 1998 on cooperation between the Contracting Parties in
returning foreign nationals by air (SCH/Com-ex (98) 10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

193

Decision of
(SCH/Com-ex (98) 12)

the Executive Committee of 21 April 1998 on the exchange of statistics on issued visas
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

196

Decision of the Executive Committee of 23 June 1998 on measures to be taken in respect of countries posing
problems with regard to the issue of documents
required for expulsion from the Schengen territory
(SCH/Com-ex (98) 18 rev.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

197

Decision of the Executive Committee of 23 June 1998 on Monegasque residence permits (SCH/Com-ex (98) 19)

199

Decision of
(SCH/Com-ex (98) 21)

the Executive Committee of 23 June 1998 on the stamping of passports of visa applicants
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

200

Decision of the Executive Committee of 16 September 1998 on forwarding the Common Manual to EU
applicant States (SCH/Com-ex (98) 35, rev. 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

202

illegal
Decision of
immigration (SCH/Com-ex (98) 37 def. 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Executive Committee of 27 October 1998 on the adoption of measures to fight

203

Decision of the Central Group of 27 October 1998 on the adoption of measures to fight illegal immigration
(SCH/C (98) 117) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

205

Decision of the Executive Committee of 16 December 1998 on the abolition of the grey list of States whose
. . . . . . . .
nationals are subject to the visa requirement by certain Schengen States (SCH/Com-ex (98) 53, rev. 2)

206

Decision of the Executive Committee of 16 December 1998 concerning the compilation of a manual of
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
documents to which a visa may be affixed (SCH/Com-ex (98) 56)

207

Decision of the Executive Committee of 28 April 1999 on the compilation of a manual of documents to which
a visa may be affixed (SCH/Com-ex (99) 14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

298

Decision of
the Executive Committee of 16 December 1998 on the introduction of a harmonised form
providing proof of invitation, sponsorship and accommodation (SCH/Com-ex (98) 57) . . . . . . . . . . . . . . . . . . . .

299

6

EN

Official Journal of the European Communities

22.9.2000

Decision of the Executive Committee of 16 December 1998 on coordinated deployment of document advisers
(SCH/Com-ex (98) 59 rev.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

308

Page

Decision of the Executive Committee of 28 April 1999 on the definitive versions of the Common Manual and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Common Consular Instructions (SCH/Com-ex (99) 13)

317

2.3. POLICE COOPERATION

Decision of the Executive Committee of 16 December 1998 on cross-border police cooperation in the area of
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
crime prevention and detection (SCH/Com-ex (98) 51, rev. 3)

407

Decision of
the Executive Committee of 16 December 1998 on the Handbook on cross-border police
cooperation (SCH/Com-ex (98) 52) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

408

Decision of the Executive Committee of 28 April 1999 on the Schengen acquis relating to telecommunications
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(SCH/Com-ex (99) 6)

409

Decision of the Executive Committee of 28 April 1999 on liaison officers (SCH/Com-ex (99) 7 rev. 2)

. . . . . . . .

411

Decision of the Executive Committee of 28 April 1999 on general principles governing the payment of
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
informers (SCH/Com-ex (99) 8 rev. 2)

417

Decision of the Central Group of 22 March 1999 on general principles governing the payment of informers
(SCH/C (99) 25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

420

Decision of the Executive Committee of 28 April 1999 on the improvement of police cooperation in preventing
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and detecting criminal offences (SCH/Com-ex (99) 18)

421

2.4. JUDICIAL COOPERATION

Decision of the Executive Committee of 14 December 1993 on improving practical
judicial cooperation for
combating drug trafficking (SCH/Com-ex (93) 14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

427

Decision of the Executive Committee of 28 April 1999 on the Agreement on Cooperation in Proceedings for
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Road Traffic Offences (SCH/Com-ex (99) 11, rev. 2)

428

Declaration of the Executive Committee of 26 June 1996 on extradition (SCH/Com-ex (96) decl. 6, rev. 2) . . . . .

435

Declaration of the Executive Committee of 9 February 1998 on the abduction of minors (SCH/Com-ex (97)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
decl. 13, rev. 2)

436

22.9.2000

EN

Official Journal of the European Communities

7

Page

2.5. SIS

Decision of the Executive Committee of 14 December 1993 on the Financial Regulation on the costs of
. . . . . . . . . . . . . . . . . .
installing and operating the Schengen information system (C.SIS) (SCH/Com-ex (93) 16)

439

Decision of the Executive Committee of 25 April 1997 on awarding the contract for the SIS II preliminary study
(SCH/Com-ex (97) 2, rev. 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

440

Decision of the Executive Committee of 7 October 1997 on contributions from Norway and Iceland to the costs
of installing and operating of the C.SIS (SCH/Com-ex (97) 18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

441

Decision of the Executive Committee of 7 October 1997 on the development of the SIS (SCH/Com-ex (97) 24)

442

Decision of the Executive Committee of 15 December 1997 amending the Financial Regulation on C.SIS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(SCH/Com-ex (97) 35)

444

Decision of the Executive Committee of 21 April 1998 on C.SIS with 15/18 connections (SCH/Com-ex (98) 11)

452

Decision of the Executive Committee of 28 April 1999 on the Help Desk budget for 1999 (SCH/Com-ex (99) 3)

453

Decision of the Executive Committee of 28 April 1999 on C.SIS installation expenditure (SCH/Com-ex (99) 4)

454

Decision of the Executive Committee of 28 April 1999 on updating the Sirene manual (SCH/Com-ex (99) 5)

. . .

457

Declaration of the Executive Committee of 18 April 1996 defining the concept of alien (SCH/Com-ex (96)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
decl. 5)

458

Declaration of the Executive Committee of 28 April 1999 on the structure of SIS (SCH/Com-ex (99) decl. 2 rev.)

459

2.6. MISCELLANEOUS

Decision of the Executive Committee of 22 December 1994 on the certificate provided for in Article 75 to carry
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
narcotic drugs and psychotropic substances (SCH/Com-ex (94) 28 rev.)

463

Decision of the Executive Committee of 28 April 1999 on the illegal trade in firearms (SCH/Com-ex (99) 10)

469

8

EN

Official Journal of the European Communities

22.9.2000

OJ

PV

REV

CORR

CM

CCI

SCH

SCH/M

ABBREVIATIONS USED

Agenda

Minutes

Revision

Correction

Common Manual

Common Consular Instructions

Schengen

Ministers and State Secretaries (until October 1993)

SCH/COM-EX

Executive Committee

SCH/C

SCH/I

Central Group

Working Group I (cid:145)Police and security(cid:146)

SCH/I-AR

Working Group I (cid:145)Police and security(cid:146) (cid:151) subgroup on (cid:145)Arms and ammunition(cid:146)

SCH/I-FRONT

Working Group I (cid:145)Police and security(cid:146) (cid:151) subgroup on (cid:145)Frontiers(cid:146)

SCH/I-Telecom

Working Group I (cid:145)Police and security(cid:146) (cid:151) subgroup on (cid:145)Telecommunications(cid:146)

SCH/GEM-HANDB

Working Group I (cid:145)Police and Security(cid:146) (cid:151) subgroup on (cid:145)Common Manual(cid:146)

SCH/STUP

SCH/II

SCH/II-READ

SCH/II-VISA

SCH/II-Vision

Working Group (cid:145)Drugs(cid:146) (Article 70)

Working Group II (cid:145)Movement of persons(cid:146)

Working Group II (cid:145)Movement of persons(cid:146) (cid:151) subgroup on (cid:145)Readmission(cid:146)

Working Group II (cid:145)Movement of persons(cid:146) (cid:151) subgroup on (cid:145)Visas(cid:146)

Working Group II (cid:145)Movement of persons(cid:146) (cid:151) (cid:145)Vision(cid:146) subgroup (Visa inquiry open-border
network)

SCH/III

Working Group III (cid:145)Judicial cooperation(cid:146)

SCH/OR.SIS

Working Group (cid:145)SIS Steering Committee(cid:146)

SCH/OR.SIS/SIS

Working Group (cid:145)SIS Steering Committee(cid:146) (cid:151) subgroup (cid:145)Schengen information system(cid:146)

SCH/OR.SIS/Sirene

Working Group (cid:145)SIS Steering Committee(cid:146) (cid:151) subgroup (cid:145)Sirene(cid:146)

SCH/SG

Note Schengen (cid:145)General Secretariat(cid:146)

SIS

C.SIS

N.SIS

Schengen information system

Schengen information system (cid:145)Central section(cid:146)

Schengen information system (cid:145)National section(cid:146)

22.9.2000

EN

Official Journal of the European Communities

9

INTRODUCTORY NOTE

1. Article 1(2) of Council Decision 1999/435/EC of 20 May 1999 (1) provides that the Schengen acquis,
as referred to in paragraph 1 of that same Article, is to be published in the Official Journal of the
European Communities, with the exception of those of its provisions listed in Article 2 and those
provisions which at the time of adoption are classified as (cid:145)confidential(cid:146) by the Schengen Executive
Committee.

Article 2 of the same Council Decision states that it will not be necessary for the Council to
determine,
in conformity with the provisions of the Treaties, a legal basis for the provisions and
decisions constituting part of the Schengen acquis and listed in Annex B to the Decision.

The present publication therefore contains the provisions and decisions constituting part of the acquis
for which the Council, in its Decision 1999/436/EC of 20 May 1999 (2), determined the legal basis in
conformity with the relevant provisions of the Treaties.

2. This publication also lists the provisions and decisions forming part of the Schengen acquis which
concern the Schengen information system (SIS); they are annotated with (cid:145)for the record(cid:146) in the Council
Decision determining the legal basis in conformity with the relevant provisions of the Treaties.

3. This publication sets out the Schengen acquis as it stood when it was integrated into the European
Union on the entry into force of the Treaty of Amsterdam (1 May 1999). Since the Schengen acquis
comprises information provided by the States concerned, for example regarding their visa policy
towards nationals of third States that do not figure on the common list of third States whose nationals
must hold a visa in order to cross the external borders,
information should be sought from the
appropriate Commission departments or the General Secretariat of the Council as to any changes
since 1 May 1999.

4. For the sake of the broad picture, this publication contains all of the provisions of the Convention of
19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of
checks at the common borders. However, the Council has decided that a legal basis does not need to
be determined in conformity with the relevant provisions of the Treaties for the provisions printed in
italics.

5.

In order to facilitate access to the part of the Schengen acquis consisting of the decisions and
declarations of the Executive Committee of Schengen, they have been grouped according to subject
matter in this publication. To that end, the decisions and declarations have been classified as follows:

(cid:151) (cid:145)horizontal(cid:146) issues,

(cid:151) the abolition of checks at internal borders and the free movement of persons,

(cid:151) police cooperation,

(cid:151) judicial cooperation in criminal matters, and

(cid:151) the SIS.

(1) Council Decision concerning the definition of the Schengen acquis for the purpose of determining, in conformity
with the relevant provisions of the Treaty establishing the European Community and the Treaty on European
Union, the legal basis for each of the provisions or decisions which constitute the acquis (OJ L 176, 10.7.1999, p. 1).
(2) Council Decision determining, in conformity with the relevant provisions of the Treaty establishing the European
Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which
constitute the Schengen acquis (OJ L 176, 10.7.1999, p. 17).

10

EN

Official Journal of the European Communities

22.9.2000

The decisions are given in chronological order within each heading. The same applies for the
declarations of the Executive Committee.

6. Some of the Executive Committee decisions refer to documents drawn up within the framework of
Schengen cooperation which, according to the Council Decision on the definition of the Schengen
acquis, do indeed form part of the Schengen acquis but for which the Council has decided there is no
need to determine a legal basis in conformity with the relevant provisions of the Treaties. As a result,
these documents do not figure in this publication.

7. The same is true of documents referred to in the preamble to certain Executive Committee decisions,

but to which no reference is made in the enacting terms of the decisions themselves.

8. Lastly,

there are some Executive Committee decisions adopting documents in Annex which the
Secretary-General of the Council, by virtue of the responsibility incumbent upon him in accordance
with Article 20(2) of the Rules of Procedure of the Council, has decided should be classified as
(cid:145)confidentiel(cid:146) or (cid:145)restreint(cid:146) Council documents. These Annexes have therefore deliberately not been
published either.

22.9.2000

EN

Official Journal of the European Communities

11

1. AGREEMENT (cid:151) CONVENTION (cid:151) ACCESSIONS

22.9.2000

EN

Official Journal of the European Communities

13

between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of checks at their common borders

AGREEMENT

The Governments of the KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC,
the GRAND DUCHY OF LUXEMBOURG and the KINGDOM OF THE NETHERLANDS,

hereinafter referred to as (cid:145)the Parties(cid:146),

AWARE that the ever closer union of the peoples of the Member States of the European Communities should find its
expression in the freedom to cross internal borders for all nationals of the Member States and in the free movement of
goods and services,

ANXIOUS to strengthen the solidarity between their peoples by removing the obstacles to free movement at the
common borders between the States of the Benelux Economic Union, the Federal Republic of Germany and the French
Republic,

CONSIDERING the progress already achieved within the European Communities with a view to ensuring the free
movement of persons, goods and services,

PROMPTED by the resolve to achieve the abolition of checks at their common borders on the movement of nationals
of the Member States of the European Communities and to facilitate the movement of goods and services at those
borders,

CONSIDERING that application of this Agreement may require legislative measures which will have to be submitted to
the parliaments of the Signatory States in accordance with their constitutions,

HAVING REGARD to the statement by the Fontainebleau European Council on 25 and 26 June 1984 on the abolition
of police and customs formalities for people and goods crossing intra-Community frontiers,

HAVING REGARD to the Agreement concluded at Saarbr(cid:252)cken on 13 July 1984 between the Federal Republic of
Germany and the French Republic,

HAVING REGARD to the Conclusions adopted on 31 May 1984 following the meeting of the Transport Ministers of
the Benelux States and the Federal Republic of Germany at Neustadt an der Aisch,

HAVING REGARD to the Memorandum of the Governments of the Benelux Economic Union of 12 December 1984
forwarded to the Governments of the Federal Republic of Germany and the French Republic,

HAVE AGREED AS FOLLOWS:

TITLE I

Article 2

MEASURES APPLICABLE IN THE SHORT TERM

Article 1

As soon as this Agreement enters into force and until all
checks are abolished completely, the formalities for nationals
of the Member States of the European Communities at the
common borders between the States of the Benelux Economic
Union,
the Federal Republic of Germany and the French
Republic shall be carried out in accordance with the conditions
laid down below.

With regard to the movement of persons, from 15 June 1985
the police and customs authorities shall as a general rule carry
out simple visual surveillance of private vehicles crossing the
common border at reduced speed, without requiring such
vehicles to stop.

However,
they may carry out more thorough controls by
means of spot checks. These shall be performed where possible
off the main road, so as not to interrupt the flow of other
vehicles crossing the border.

14

EN

Official Journal of the European Communities

22.9.2000

Article 3

immigration and activities which could jeopardise

illegal
security.

To facilitate visual surveillance, nationals of the Member States
of the European Communities wishing to cross the common
border in a motor vehicle may affix to the windscreen a green
disc measuring at least eight centimetres in diameter. This disc
shall indicate that they have complied with border police rules,
are
the duty-free
arrangements and have complied with exchange regulations.

carrying only goods permitted under

Article 4

Article 8

With a view to easing checks at their common borders and
taking into account the significant differences in the laws of
the Federal
the States of
Republic of Germany and the French Republic,
the Parties
undertake to combat vigorously illicit drug trafficking on their
territories and to coordinate their action effectively in this area.

the Benelux Economic Union,

The Parties shall endeavour to keep to a minimum the time
spent at common borders in connection with checks on the
carriage of passengers by road for hire or reward.

Article 9

The Parties shall seek solutions enabling them by 1 January
1986 to waive systematic checks at their common borders on
passenger waybills and licences for the carriage of passengers
by road for hire or reward.

Article 5

By 1 January 1986 common checks shall be put in place at
adjacent national control posts in so far as that is not already
the case and in so far as physical conditions so permit.
Consideration shall subsequently be given to the possibility of
introducing common checks at other border crossing points,
taking account of local conditions.

Article 6

the latter shall

Without prejudice to the application of more favourable
arrangements between the Parties,
take the
measures required to facilitate the movement of nationals of
the Member States of the European Communities resident in
the local administrative areas along their common borders
with a view to allowing them to cross those borders at places
other than authorised crossing points and outside checkpoint
opening hours.

The persons concerned may benefit
from these advantages
provided that they transport only goods permitted under the
duty-free arrangements and comply with exchange regulations.

Article 7

The Parties shall endeavour to approximate their visa policies
as soon as possible in order to avoid the adverse consequences
in the field of immigration and security that may result from
easing checks at
if
possible by 1 January 1986, the necessary steps in order to
apply their procedures for the issue of visas and admission to
their territories, taking into account the need to ensure the
the five States against
protection of

the common borders. They shall

the entire territory of

take,

The Parties shall reinforce cooperation between their customs
and police authorities, notably in combating crime, particularly
illicit trafficking in narcotic drugs and arms, the unauthorised
entry and residence of persons, customs and tax fraud and
smuggling. To that end and in accordance with their national
laws, the Parties shall endeavour to improve the exchange of
information and to reinforce that exchange where information
which could be useful to the other Parties in combating crime
is concerned.

Within the framework of their national laws the Parties shall
reinforce mutual
in respect of unauthorised
movements of capital.

assistance

Article 10

With a view to ensuring the cooperation provided for in
Articles 6 to 9, meetings between the Parties’ competent
authorities shall be held at regular intervals.

Article 11

With regard to the cross-border carriage of goods by road, the
Parties
systematic
performance of the following checks at their common borders:

from 1 July 1985,

shall waive,

as

(cid:151) control of driving and rest periods (Council Regulation
(EEC) No 543/69 of 25 March 1969 on the harmonisation
of certain social legislation relating to roard transport and
AETR),

(cid:151) control of

the weights and dimensions of commercial
vehicles; this provision shall not prevent the introduction
of automatic weighing systems for spot checks on weight,

(cid:151) controls on the vehicles’ technical state.

Measures shall be taken to avoid checks being duplicated
within the territories of the Parties.

22.9.2000

EN

Official Journal of the European Communities

15

Article 12

TITLE II

From 1 July 1985 checks on documents detailing transport
operations not carried out under licence or quota pursuant to
Community or bilateral rules shall be replaced at the common
borders by spot checks. Vehicles carrying out
transport
operations under such arrangements shall display a visual
symbol to that effect when crossing the border.

The Parties’ competent authorities shall determine the features
of this symbol by common agreement.

Article 13

systems applying among them to the

The Parties shall endeavour to harmonise by 1 January 1986
the
licensing of
commercial road transport with regard to cross-border traffic,
with the aim of simplifying, easing and possibly replacing
licences for journeys by licences for a period of time, with a
visual check when vehicles cross common borders.

The procedures
into
for converting licences
licences for periods of time shall be agreed on a bilateral basis,
account being taken of the road haulage requirements in the
different countries concerned.

journeys

for

Article 14

The Parties shall seek solutions to reduce the waiting times
the common borders caused by the
of
completion of border formalities.

transport at

rail

Article 15

MEASURES APPLICABLE IN THE LONG TERM

Article 17

With regard to the movement of persons, the Parties shall
endeavour to abolish checks at common borders and transfer
them to their external borders. To that end they shall
endeavour
the laws,
regulations
concerning the
prohibitions and restrictions on which the checks are based
and to take complementary measures to safeguard internal
security and prevent illegal immigration by nationals of States
that are not members of the European Communities.

first
and administrative provisions

to harmonise, where necessary,

Article 18

shall open discussions,

The Parties
in particular on the
following matters, account being taken of the results of the
short-term measures:

(a) drawing up arrangements for police cooperation on crime

prevention and investigation;

(b) examining any difficulties

that may arise in applying
agreements
on
and
in order to determine the most appropriate
extradition,
solutions for improving cooperation between the Parties in
those fields;

international

assistance

judicial

(c) seeking means to combat crime jointly,

studying the possibility of
pursuit
for police officers,
means of
assistance.

communication and

inter alia, by
introducing a right of hot
taking into account existing
judicial
international

The Parties shall recommend to their respective rail companies:

Article 19

(cid:151) to adapt

technical procedures

in order

to minimise

stopping times at the common borders,

The Parties shall seek to harmonise laws and regulations,
particular on:

in

(cid:151) to do their utmost to apply to certain types of carriage of
goods by rail,
to be defined by the rail companies, a
special routing system whereby the common borders can
be crossed rapidly without any appreciable stops (goods
trains with reduced stopping times at borders).

(cid:151) narcotic drugs,

(cid:151) arms and explosives,

(cid:151) the registration of travellers in hotels.

Article 16

Article 20

The Parties shall harmonise the opening dates and opening
hours of customs posts for inland waterway traffic at
the
common borders.

The Parties shall endeavour to harmonise their visa policies
and the conditions for entry to their territories. In so far as is
necessary, they shall also prepare the harmonisation of their

16

EN

Official Journal of the European Communities

22.9.2000

rules governing certain aspects of the law on aliens in regard
to nationals of States that are not members of the European
Communities.

Article 21

Article 25

The Parties shall develop their cooperation with a view to
facilitating customs clearance of goods crossing a common
the
through a systematic, automatic exchange of
border,
necessary data collected by means of the single document.

The Parties shall take common initiatives within the European
Communities:

Article 26

(a)

to achieve an increase in the duty-free allowances granted
to travellers;

(b)

in the context of Community allowances to remove any
remaining restrictions on entry to the Member States of
goods possession of which is not prohibited for their
nationals.

The Parties shall examine how indirect taxes (VAT and excise
duties) may be harmonised in the framework of the European
Communities. To that end they shall support the initiatives
undertaken by the European Communities.

Article 27

take

shall

Parties

The
initiatives within the European
Communities so that VAT on tourist transport services within
the European Communities is collected in the country of
depature on a harmonised basis.

The Parties shall examine whether, on a reciprocal basis, the
limits on the duty-free allowances granted at
the common
authorised under
to frontier-zone
borders
Community law, may be abolished.

residents,

as

Article 22

Article 28

The Parties shall endeavour both among themselves and within
the European Communities:

(cid:151) to increase the duty-free allowance for fuel

in order to
bring it into line with the normal contents of bus and
coach fuel tanks (600 litres),

(cid:151) to approximate the tax rates on diesel fuel and to increase
the duty-free allowances for the normal contents of lorry
fuel tanks.

Article 23

the

conclusion of

Before
any bilateral or multilateral
arrangements similar to this Agreement with States that are
not parties thereto, the Parties shall consult among themselves.

Article 29

This Agreement shall also apply to Berlin, unless a declaration
to the contrary is made by the Government of the Federal
Republic of Germany to the Governments of the States of the
Benelux Economic Union and the Government of the French
Republic within three months of entry into force of
this
Agreement.

In the field of goods transport the Parties shall also endeavour
to reduce stopping times and the number of stopping points at
adjacent national control posts.

Article 30

Article 24

With regard to the movement of goods, the Parties shall seek
means of transferring the checks currently carried out at the
common borders to the external borders or to within their
own territories.

among

themselves

take, where necessary, common
To that end they shall
initiatives
and within the European
Communities to harmonise the provisions on which checks on
goods at the common borders are based. They shall ensure
that
the necessary
these measures do not adversely affect
protection of the health of humans, animals and plants.

in this Agreement which are
The measures provided for
not applicable as soon as it enters into force shall be applied
by 1 January 1986 as regards the measures provided for in
Title I and if possible by 1 January 1990 as regards the
measures provided for in Title II, unless other deadlines are
laid down in this Agreement.

Article 31

shall apply subject

This Agreement
to the provisions of
Articles 5, 6 and 8 to 16 of the Agreement concluded at
Saarbr(cid:252)cken on 13 July 1984 between the Federal Republic of
Germany and the French Republic.

22.9.2000

EN

Official Journal of the European Communities

17

Article 32

This Agreement shall enter into force 30 days after deposit of
the last instrument of ratification or approval.

This Agreement shall be signed without being subject
to
ratification or approval, or subject to ratification or approval,
followed by ratification or approval.

Article 33

This Agreement
following that of its signature.

shall apply provisionally from the day

This Agreement shall be deposited with the Government of the
Grand Duchy of Luxembourg, which shall transmit a certified
copy to each of the Governments of the other Signatory States.

Zu Urkund dessen haben die unterzeichneten Bevollm(cid:228)chtigten ihre Unterschriften unter dieses (cid:220)berein-
kommen gesetzt.

En foi de quoi, les reprØsentants des Gouvernements dßment habilitØs (cid:224) cet effet ont signØ le prØsent
accord.

Ten blijke waarvan de daartoe naar behoren gemachtigde vertegenwoordigers van de Regeringen dit
Akkoord hebben ondertekend.

Geschehen zu Schengen (Gro(cid:223)herzogtum Luxemburg) am vierzehnten Juni neunzehnhundertf(cid:252)nfundacht-
zig, in deutscher, franz(cid:246)sischer und niederl(cid:228)ndischer Sprache abgefa(cid:223)t, wobei jeder Wortlaut gleicher-
ma(cid:223)en verbindlich ist.

Fait (cid:224) Schengen (Grand-DuchØ de Luxembourg), le quatorze juin mil neuf cent quatre-vingt-cinq, les textes
du prØsent accord en langues allemande, fran(cid:231)aise et nØerlandaise, faisant Øgalement foi.

Gedaan te Schengen (Groothertogdom Luxemburg), de veertiende juni negentienhonderdvijfentachtig,
zijnde te teksten van dit Akkoord in de Duitse, de Franse en de Nederlandse taal gelijkelijk authentiek.

Pour le Gouvernement du Royaume de Belgique

Voor de Regering van het Koninkrijk Belgiº

P. DE KEERSMAEKER

SecrØtaire d’(cid:201)tat aux Affaires europØennes

Staatssecretaris voor Europese Zaken

F(cid:252)r die Regierung der Bundesrepublik Deutschland

Prof. Dr. W. SCHRECKENBERGER

Staatssekret(cid:228)r im Bundeskanzleramt

18

EN

Official Journal of the European Communities

22.9.2000

Pour le Gouvernement de la RØpublique fran(cid:231)aise

C. LALUMI¨RE

SecrØtaire d’(cid:201)tat aux Affaires europØennes

Pour le Gouvernement du Grand-DuchØ de Luxembourg

R. GOEBBELS

SecrØtaire d’(cid:201)tat aux Affaires ØtrangŁres

Voor de Regering van het Koninkrijk der Nederlanden

W. F. van EEKELEN

Staatssecretaris van Buitenlandse Zaken

22.9.2000

EN

Official Journal of the European Communities

19

CONVENTION

IMPLEMENTING THE SCHENGEN AGREEMENT

of 14 June 1985

between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of checks at their common borders

The KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC, the GRAND DUCHY
OF LUXEMBOURG and the KINGDOM OF THE NETHERLANDS, hereinafter referred to as (cid:145)the Contracting Parties(cid:146),

TAKING as their basis the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common
borders,

HAVING DECIDED to fulfil the resolve expressed in that Agreement to abolish checks at their common borders on the
movement of persons and facilitate the transport and movement of goods at those borders,

WHEREAS the Treaty establishing the European Communities, supplemented by the Single European Act, provides that
the internal market shall comprise an area without internal frontiers,

WHEREAS the aim pursued by the Contracting Parties is in keeping with that objective, without prejudice to the
measures to be taken to implement the provisions of the Treaty,

WHEREAS the fulfilment of that resolve requires a series of appropriate measures and close cooperation between the
Contracting Parties,

HAVE AGREED AS FOLLOWS:

TITLE I

DEFINITIONS

Article 1

third State: shall mean any State other than the Contracting
Parties;

For the purposes of this Convention:

alien: shall mean any person other than a national of a
Member State of the European Communities;

internal borders: shall mean the common land borders of the
Contracting Parties, their airports for internal flights and their
sea ports for regular ferry connections exclusively from or to
other ports within the territories of the Contracting Parties and
not calling at any ports outside those territories;

external borders: shall mean the Contracting Parties’ land and sea
borders and their airports and sea ports, provided that they are
not internal borders;

alien for whom an alert has been issued for the purposes of refusing
shall mean an alien for whom an alert has been
entry:
introduced
System in
accordance with Article 96 with a view to that person being
refused entry;

Information

Schengen

into

the

border crossing point: shall mean any crossing point authorised
by the competent authorities for crossing external borders;

border check: shall mean a check carried out at a border in
response exclusively to an intention to cross that border,
regardless of any other consideration;

internal flight: shall mean any flight exclusively to or from the
territories of the Contracting Parties and not landing in the
territory of a third State;

shall mean any natural or

carrier:
legal person whose
occupation it is to provide passenger transport by air, sea or
land;

20

EN

Official Journal of the European Communities

22.9.2000

residence permit: shall mean an authorisation of whatever type
issued by a Contracting Party which grants right of residence
within its territory. This definition shall not include temporary
permission to reside in the territory of a Contracting Party for
the purposes of processing an application for asylum or a
residence permit;

of 31 January 1967, and as such obtaining the right of
residence;

shall mean any alien who has

asylum seeker:
lodged an
application for asylum within the meaning of this Convention
and in respect of which a final decision has not yet been
taken;

application for asylum: shall mean any application submitted in
writing, orally or otherwise by an alien at an external border
or within the territory of a Contracting Party with a view
to obtaining recognition as a refugee in accordance with
the Geneva Convention relating to the Status of Refugees
of 28 July 1951, as amended by the New York Protocol

processing applications for asylum: shall mean all the procedures
for
for examining and taking a decision on applications
taken under a final decision
asylum,
thereon, with the exception of
the
the determination of
Contracting Party responsible for processing applications for
asylum pursuant to this Convention.

including measures

ABOLITION OF CHECKS AT INTERNAL BORDERS AND MOVEMENT OF PERSONS

TITLE II

CHAPTER 1

CHAPTER 2

CROSSING INTERNAL BORDERS

CROSSING EXTERNAL BORDERS

Article 2

Article 3

Internal borders may be crossed at any point without any

1.
checks on persons being carried out.

2.
However, where public policy or national security so
require a Contracting Party may, after consulting the other
Contracting Parties, decide that for a limited period national
border checks appropriate to the situation shall be carried out
at internal borders. If public policy or national security require
immediate action, the Contracting Party concerned shall take
the necessary measures and at the earliest opportunity shall
inform the other Contracting Parties thereof.

The abolition of checks on persons at internal borders
3.
shall not affect the provisions laid down in Article 22, or the
exercise of police powers throughout a Contracting Party’s
territory by the competent authorities under that Party’s law,
or the requirement to hold, carry and produce permits and
documents provided for in that Party’s law.

Checks on goods shall be carried out in accordance with the

4.
relevant provisions of this Convention.

1.
External borders may in principle only be crossed at
border crossing points and during the fixed opening hours.
More detailed provisions, exceptions and arrangements for
local border traffic, and rules governing special categories of
maritime traffic such as pleasure boating and coastal fishing,
shall be adopted by the Executive Committee.

2.
The Contracting Parties undertake to introduce penalties
for the unauthorised crossing of external borders at places
other than crossing points or at times other than the fixed
opening hours.

Article 4

1.
The Contracting Parties shall ensure that, as from 1993,
passengers on flights from third States who transfer onto internal
flights will be subject to an entry check, together with their hand
baggage, at
flight arrives.
Passengers on internal
flights who transfer onto flights bound for
third States will be subject to a departure check, together with their
hand baggage, at the airport from which the external flight departs.

the airport at which the

external

22.9.2000

EN

Official Journal of the European Communities

21

The Contracting Parties shall take the necessary measures to

2.
ensure that checks are carried out in accordance with paragraph 1.

Article 6

3.
Neither paragraph 1 nor paragraph 2 shall affect checks on
registered baggage; such checks shall be carried out either in the
airport of final destination or in the airport of initial departure.

Until the date laid down in paragraph 1, airports shall, by
internal borders, be

4.
way of derogation from the definition of
considered as external borders for internal flights.

Article 5

1.
For stays not exceeding three months, aliens fulfilling the
following conditions may be granted entry into the territories
of the Contracting Parties:

(a)

that the aliens possess a valid document or documents, as
defined by the Executive Committee, authorising them to
cross the border;

(b) that the aliens are in possession of a valid visa if required;

(c)

that the aliens produce, if necessary, documents justifying
the purpose and conditions of the intended stay and that
they have sufficient means of subsistence, both for the
period of the intended stay and for the return to their
country of origin or transit to a third State into which they
are certain to be admitted, or are in a position to acquire
such means lawfully;

(d) that the aliens shall not be persons for whom an alert has

been issued for the purposes of refusing entry;

(e)

that the aliens shall not be considered to be a threat to
international
public policy, national
relations of any of the Contracting Parties.

security or

the

An alien who does not fulfil all the above conditions
2.
must be refused entry into the territories of the Contracting
Parties unless a Contracting Party considers it necessary to
derogate from that principle on humanitarian grounds, on
grounds of national
international
In such cases authorisation to enter will be
obligations.
restricted to the territory of the Contracting Party concerned,
which must inform the other Contracting Parties accordingly.

interest or because of

shall not preclude the application of

special
These rules
provisions concerning the right of asylum or of the provisions
laid down in Article 18.

Aliens who hold residence permits or re-entry visas
3.
issued by one of the Contracting Parties or, where required,
both documents, shall be authorised entry for transit purposes,
unless their names are on the national
list of alerts of the
Contracting Party whose external borders they are seeking to
cross.

Cross-border movement at external borders

1.
shall be
subject to checks by the competent authorities. Checks shall
in
be carried out
accordance with uniform principles, within the scope of
national powers and national
law and taking account of the
interests of all Contracting Parties.

the Contracting Parties’

territories,

for

The uniform principles referred to in paragraph 1 shall

2.
be as follows:

(a) Checks on persons shall include not only the verification
of travel documents and the other conditions governing
entry, residence, work and exit but also checks to detect
and prevent threats to the national security and public
policy of the Contracting Parties. Such checks shall also be
carried out on vehicles and objects in the possession of
persons crossing the border. They shall be carried out by
each Contracting Party in accordance with its national law,
in particular where searches are involved.

(b) All persons shall undergo at least one such check in order
to establish their identities on the basis of the production
or presentation of their travel documents.

(c) On entry, aliens shall be subject to a thorough check, as

defined in (a).

(d) On exit, the checks shall be carried out as required in the
interest of all Contracting Parties under the law on aliens
in order to detect and prevent
threats to the national
security and public policy of the Contracting Parties. Such
checks shall always be carried out on aliens.

(e)

If in certain circumstances such checks cannot be carried
out, priorities must be set. In that case, entry checks shall
as a rule take priority over exit checks.

3.
The competent authorities shall use mobile units to carry
out external border surveillance between crossing points; the
same shall apply to border crossing points outside normal
opening hours. This surveillance shall be carried out in such a
way as to discourage people from circumventing the checks at
crossing points. The surveillance procedures
shall, where
appropriate, be established by the Executive Committee.

4.
The Contracting Parties undertake to deploy enough
suitably qualified officers to carry out checks and surveillance
along external borders.

An equal degree of control shall be exercised at external

5.
borders.

22

EN

Official Journal of the European Communities

22.9.2000

Article 7

The Contracting Parties
shall assist each other and shall
maintain constant, close cooperation with a view to the
effective implementation of checks and surveillance. They shall,
information,
in particular, exchange all relevant,
with the exception of personal data, unless otherwise provided
for in this Convention. They shall as far as possible harmonise
the instructions given to the authorities responsible for checks
and shall promote standard basic and further training of
officers manning checkpoints. Such cooperation may take the
form of an exchange of liaison officers.

important

2.
Pending the introduction of such a visa, the Contracting Parties
shall recognise their respective national visas, provided that these are
issued in accordance with common conditions and criteria determined
in the context of the relevant provisions of this Chapter.

By way of derogation from paragraphs 1 and 2, each
the
the visa in accordance with common
the relevant

3.
Contracting Party shall
territorial validity of
arrangements determined in the context of
provisions of this chapter.

reserve the right

to restrict

Article 8

Article 11

1.

The visa provided for in Article 10 may be:

The Executive Committee shall take the necessary decisions on
the practical procedures for carrying out border checks and
surveillance.

CHAPTER 3

VISAS

S e c t i o n 1

Short-stay visas

Article 9

1.
The Contracting Parties undertake to adopt a common
policy on the movement of persons and, in particular, on the
arrangements for visas. They shall assist each other to that end.
The Contracting Parties undertake to pursue through common
consent the harmonisation of their policies on visas.

The visa arrangements relating to third States whose
2.
nationals are subject to visa arrangements common to all the
Contracting Parties at the time of signing this Convention or
at a later date may be amended only by common consent
the Contracting Parties. A Contracting Party may
of all
common visa
in exceptional
arrangements relating to a third State where overriding reasons
of national policy require an urgent decision.
first
consult the other Contracting Parties and, in its decision, take
account of
that
decision.

interests and the consequences of

cases derogate

from the

It shall

their

(a) a travel visa valid for one or more entries, provided that
neither the length of a continuous visit nor the total length
of successive visits exceeds three months in any half-year,
from the date of first entry;

(b) a transit visa authorising its holder to pass through the
territories of
twice or
exceptionally several times en route to the territory of a
third State, provided that no transit shall exceed five days.

the Contracting Parties once,

2.
Paragraph 1 shall not preclude a Contracting Party from
issuing a new visa, the validity of which is limited to its own
territory, within the half-year in question if necessary.

Article 12

The uniform visa provided for in Article 10(1) shall be
1.
issued by the diplomatic and consular authorities of
the
Contracting Parties and, where appropriate, by the authorities
of the Contracting Parties designated under Article 17.

2.
The Contracting Party responsible for issuing such a visa
shall in principle be that of the main destination. If this cannot
be determined, the visa shall
in principle be issued by the
diplomatic or consular post of the Contracting Party of first
entry.

The Executive Committee shall specify the implementing
in particular, the criteria for determining

3.
arrangements and,
the main destination.

Article 13

Article 10

1.
the
A uniform visa valid for the entire territory of
Contracting Parties shall be introduced. This visa, the period of
validity of which shall be determined by Article 11, may be
issued for visits not exceeding three months.

No visa shall be affixed to a travel document that has

1.
expired.

2.
The period of validity of a travel document must exceed
that of the visa, taking account of the period of use of the visa.

22.9.2000

EN

Official Journal of the European Communities

23

It must enable aliens to return to their country of origin or to
enter a third country.

(d) the form, content, and period of validity of visas and the

fees to be charged for their issue;

Article 14

(e)

the conditions for the extension and refusal of the visas
referred to in (c) and (d), in accordance with the interests
of all the Contracting Parties;

1.
No visa shall be affixed to a travel document if that
travel document is not valid for any of the Contracting Parties.
If a travel document is only valid for one Contracting Party or
for a number of Contracting Parties, the visa to be affixed shall
be limited to the Contracting Party or Parties in question.

If a travel document is not recognised as valid by one or
2.
more of the Contracting Parties, an authorisation valid as a
visa may be issued in place of a visa.

Article 15

In principle the visas referred to in Article 10 may be issued
only if an alien fulfils the entry conditions laid down in Article
5(1)(a), (c), (d) and (e).

Article 16

If a Contracting Party considers it necessary to derogate on
one of the grounds listed in Article 5(2) from the principle laid
down in Article 15, by issuing a visa to an alien who does not
fulfil all the entry conditions referred to in Article 5(1), the
validity of this visa shall be restricted to the territory of that
Contracting Party, which must inform the other Contracting
Parties accordingly.

(f)

the procedures for limiting the territorial validity of visas;

(g) the principles governing the drawing up of a common list
of aliens for whom an alert has been issued for the
purposes of refusing entry, without prejudice to Article 96.

S e c t i o n 2

Long-stay visas

Article 18

Visas for stays exceeding three months shall be national visas
issued by one of the Contracting Parties in accordance with its
national
law. Such visas shall enable their holders to transit
through the territories of the other Contracting Parties in order
to reach the territory of the Contracting Party which issued the
visa, unless they fail to fulfil the entry conditions referred to in
Article 5(1)(a), (d) and (e) or they are on the national list of
alerts of the Contracting Party through the territory of which
they seek to transit.

Article 17

CONDITIONS GOVERNING THE MOVEMENT OF ALIENS

CHAPTER 4

1.
The Executive Committee shall adopt common rules for
the examination of visa applications, shall ensure their correct
implementation and shall adapt them to new situations and
circumstances.

2.
The Executive Committee shall also specify the cases in
which the issue of a visa shall be subject to consultation with
the central authority of the Contracting Party with which the
application is
the central
authorities of other Contracting Parties.

lodged and, where appropriate,

The Executive Committee shall also take the necessary

3.
decisions on the following:

(a)

the travel documents to which a visa may be affixed;

(b) the visa-issuing authorities;

(c)

the conditions governing the issue of visas at borders;

Article 19

1.
Aliens who hold uniform visas and who have legally
entered the territory of a Contracting Party may move freely
within the territories of all the Contracting Parties during the
period of validity of their visas, provided that they fulfil the
entry conditions referred to in Article 5(1)(a), (c), (d) and (e).

2.
Pending the introduction of a uniform visa, aliens who hold
visas issued by one of the Contracting Parties and who have legally
entered the territory of one Contracting Party may move freely within
the territories of all the Contracting Parties during the period of
validity of their visas up to a maximum of three months from the
date of
the entry conditions
first entry, provided that
referred to in Article 5(1)(a), (c), (d) and (e).

they fulfil

Paragraphs 1 and 2 shall not apply to visas whose
limitation in accordance with

3.
validity is subject to territorial
Chapter 3 of this Title.

24

EN

Official Journal of the European Communities

22.9.2000

4.

This Article shall apply without prejudice to Article 22.

Article 20

1.
Aliens not subject to a visa requirement may move freely
within the territories of the Contracting Parties for a maximum
period of three months during the six months following the
date of first entry, provided that they fulfil the entry conditions
referred to in Article 5(1)(a), (c), (d) and (e).

2.
Paragraph 1 shall not affect each Contracting Party’s right
to extend beyond three months an alien’s stay in its territory
in exceptional circumstances or in accordance with a bilateral
this
agreement concluded before the entry into force of
Convention.

3.

This Article shall apply without prejudice to Article 22.

Article 21

1.
Aliens who hold valid residence permits issued by one of
the Contracting Parties may, on the basis of that permit and a
valid travel document, move freely for up to three months
within the territories of the other Contracting Parties, provided
that
the entry conditions referred to in Article
5(1)(a), (c) and (e) and are not on the national list of alerts of
the Contracting Party concerned.

they fulfil

Paragraph 1 shall also apply to aliens who hold
2.
provisional residence permits issued by one of the Contracting
Parties and travel documents issued by that Contracting Party.

The Contracting

3.
Executive
Committee a list of the documents that they issue as valid
travel documents, residence permits or provisional residence
permits within the meaning of this Article.

Parties

shall

send

the

4.

This Article shall apply without prejudice to Article 22.

whose territory they enter. Such aliens may report either on
entry or within three working days of entry, at the discretion
of the Contracting Party whose territory they enter.

Aliens resident in the territory of one of the Contracting
2.
Parties who enter the territory of another Contracting Party
shall be required to report to the authorities, as laid down in
paragraph 1.

Each Contracting Party shall

3.
lay down its exemptions
from paragraphs 1 and 2 and shall communicate them to the
Executive Committee.

Article 23

1.
Aliens who do not fulfil or who no longer fulfil the
short-stay conditions applicable within the territory of a
Contracting Party shall normally be required to leave the
territories of the Contracting Parties immediately.

2.
Aliens who hold valid residence permits or provisional
residence permits issued by another Contracting Party shall be
that Contracting Party
required to go to the territory of
immediately.

required for

3. Where such aliens have not left voluntarily or where it
they will not do so or where their
may be assumed that
immediate departure is
reasons of national
security or public policy,
they must be expelled from the
the Contracting Party in which they were
territory of
apprehended,
that
in accordance with the national
law expulsion is not
Contracting Party.
authorised,
the Contracting Party concerned may allow the
persons concerned to remain within its territory.

If under

law of

that

4.
Such aliens may be expelled from the territory of that
Party to their countries of origin or any other State to which
they may be admitted,
the relevant
provisions of the readmission agreements concluded by the
Contracting Parties.

in particular under

Paragraph 4 shall not preclude the application of national
5.
provisions on the right of asylum,
the Geneva Convention
relating to the Status of Refugees of 28 July 1951, as amended
by the New York Protocol of 31 January 1967, paragraph 2 of
this Article or Article 33(1) of this Convention.

Article 22

Article 24

Aliens who have legally entered the territory of one of
1.
the Contracting Parties
in
accordance with the conditions laid down by each Contracting
Party, to the competent authorities of the Contracting Party

shall be obliged to report,

and

criteria

to the Executive Committee’s definition of
arrangements,

the
Subject
the
appropriate
Contracting Parties
for any
financial imbalances which may result from the obligation to
expel as provided for in Article 23 where such expulsion
cannot be effected at the alien’s expense.

shall compensate each other

practical

22.9.2000

EN

Official Journal of the European Communities

25

CHAPTER 5

RESIDENCE PERMITS AND ALERTS FOR THE PURPOSES OF
REFUSING ENTRY

(b) The carrier shall be obliged to take all

the necessary
measures to ensure that an alien carried by air or sea is in
possession of the travel documents required for entry into
the territories of the Contracting Parties.

Article 25

1. Where a Contracting Party considers issuing a residence
permit to an alien for whom an alert has been issued for the
purposes of refusing entry, it shall first consult the Contracting
Party issuing the alert and shall take account of its interests;
the residence permit shall be issued for substantive reasons
only, notably on humanitarian grounds or by reason of
international commitments.

If a residence permit is issued, the Contracting Party issuing
the alert shall withdraw the alert but may put
the alien
concerned on its national list of alerts.

2. Where it emerges that an alert
for the purposes of
refusing entry has been issued for an alien who holds a valid
residence permit issued by one of the Contracting Parties, the
Contracting Party issuing the alert shall consult
the Party
in order to determine
which issued the residence permit
whether
for withdrawing the
residence permit.

there are sufficient

reasons

subject

The Contracting Parties undertake,

to the
2.
obligations
resulting from their accession to the Geneva
Convention relating to the Status of Refugees of 28 July 1951,
as amended by the New York Protocol of 31 January 1967,
law, to impose
and in accordance with their constitutional
penalties on carriers which transport aliens who do not
possess the necessary travel documents by air or sea from a
Third State to their territories.

Paragraphs 1(b) and 2 shall also apply to international
transporting groups overland by coach, with the

3.
carriers
exception of border traffic.

Article 27

1.
The Contracting Parties undertake to impose appropriate
penalties on any person who, for financial gain, assists or tries
to assist an alien to enter or reside within the territory of one
of the Contracting Parties in breach of that Contracting Party’s
laws on the entry and residence of aliens.

If the residence permit is not withdrawn, the Contracting Party
issuing the alert shall withdraw the alert but may nevertheless
put the alien in question on its national list of alerts.

If a Contracting Party is informed of actions as referred
2.
to in paragraph 1 which are in breach of the law of another
Contracting Party, it shall inform the latter accordingly.

CHAPTER 6

ACCOMPANYING MEASURES

Article 26

The Contracting Parties undertake,

to the
1.
obligations
resulting from their accession to the Geneva
Convention relating to the Status of Refugees of 28 July 1951,
as amended by the New York Protocol of 31 January 1967, to
incorporate the following rules into their national law:

subject

(a)

If aliens are refused entry into the territory of one of the
Contracting Parties, the carrier which brought them to the
external border by air,
land shall be obliged
sea or
immediately to assume responsibility for them again. At
the request of the border surveillance authorities the carrier
shall be obliged to return the aliens to the third State from
which they were transported or to the third State which
issued the travel document on which they travelled or to
any other third State to which they are certain to be
admitted.

Any

Contracting

Party which

3.
another
Contracting Party to prosecute, on the grounds of a breach of
its own laws, actions as referred to in paragraph 1 must
specify, by means of an official report or a certificate from the
competent authorities, the provisions of law that have been
breached.

requests

CHAPTER 7

RESPONSIBILITY FOR PROCESSING APPLICATIONS FOR
ASYLUM

Article 28

The Contracting Parties reaffirm their obligations under the Geneva
Convention relating to the Status of Refugees of 28 July 1951, as
amended by the New York Protocol of 31 January 1967, with no
geographic restriction on the scope of those instruments, and their
cooperating with the United Nations High
commitment
Commissioner
those
instruments.

implementation of

for Refugees

in the

to

26

EN

Official Journal of the European Communities

22.9.2000

Article 29

The Contracting Parties undertake to process any application

1.
for asylum lodged by an alien within any one of their territories.

This obligation shall not bind a Contracting Party

2.
authorising all asylum seekers to enter or remain within its territory.

to

Every Contracting Party shall retain the right to refuse entry or to
expel asylum seekers to a third State on the basis of its national
provisions and in accordance with its international commitments.

3.
Regardless of the Contracting Party with which an alien lodges
an application for asylum, only one Contracting Party shall be
responsible for processing that application. This shall be determined
on the basis of the criteria laid down in Article 30.

4.
Notwithstanding paragraph 3, every Contracting Party shall
for special reasons connected in particular with
retain the right,
national law, to process an application for asylum even if, under this
Convention,
so doing lies with another
for
the
Contracting Party.

responsibility

Article 30

The Contracting Party responsible for processing an application

1.
for asylum shall be determined as follows:

(a)

If a Contracting Party has issued an asylum seeker with a visa,
of whatever type, or a residence permit, it shall be responsible for
processing the application.
issued on the
authorisation of another Contracting Party, the Contracting Party
which gave the authorisation shall be responsible.

visa was

the

If

(b)

If two or more Contracting Parties have issued an asylum seeker
the
with a visa, of whatever
Contracting Party responsible shall be the one which issued the
visa or the residence permit that will expire last.

type, or a residence permit,

(c) As long as the asylum seeker has not left the territories of the
Contracting Parties, the responsibility defined in (a) and (b) shall
remain even if the period of validity of the visa, of whatever type,
or of the residence permit has expired. If the asylum seeker has
left the territories of the Contracting Parties after the visa or the
residence permit has been issued, these documents shall be the
basis for the responsibility as defined in (a) and (b), unless they
have expired in the meantime under national provisions.

(d)

If the Contracting Parties exempt the asylum seeker from the visa
requirement, the Contracting Party across whose external borders
the asylum seeker entered the territories of the Contracting Parties
shall be responsible.

Until the harmonisation of visa policies is fully achieved, and if
the asylum seeker is exempted from the visa requirement by some
Contracting Parties only,
the Contracting Party across whose
external borders the asylum seeker, through exemption from the
visa requirement, has entered the territories of the Contracting
Parties shall be responsible, subject to (a), (b) and (c).

If the application for asylum is lodged with a Contracting Party
which has issued a transit visa to the asylum seeker (cid:151) whether
the asylum seeker has passed through passport control or not (cid:151)
and if the transit visa was issued after the country of transit had
ascertained from the consular or diplomatic authorities of
the
Contracting Party of destination that the asylum seeker fulfilled
the entry conditions for the Contracting Party of destination, the
for
Contracting Party of destination shall be
processing the application.

responsible

If the asylum seeker has entered the territory of the Contracting
Parties without being in possession of one or more documents, to
be defined by the Executive Committee, authorising the crossing
of the border, the Contracting Party across whose external borders
the asylum seeker entered the territories of the Contracting Parties
shall be responsible.

If an alien whose application for asylum is already being
processed by one of
lodges a new
application, the Contracting Party responsible shall be the one
processing the first application.

the Contracting Parties

If an alien on whose previous application for asylum a
Contracting Party has already taken a final decision lodges a new
application, the Contracting Party responsible shall be the one
that processed the previous application unless the asylum seeker
has left the territory of the Contracting Parties.

(e)

(f)

(g)

2.
If a Contracting Party has undertaken to process an application
for asylum in accordance with Article 29(4), the Contracting Party
responsible under paragraph 1 of this Article shall be relieved of its
obligations.

3. Where no Contracting Party responsible can be determined on
the basis of
the
Contracting Party with which the application for asylum was lodged
shall be responsible.

the criteria laid down in paragraphs 1 and 2,

Article 31

1.
The Contracting Parties shall endeavour to determine as quickly
as possible which Party is responsible for processing an application
for asylum.

2.
If an application for asylum is lodged with a Contracting Party
which is not responsible under Article 30 by an alien residing within
its territory, that Contracting Party may request the Contracting Party
responsible to take charge of the asylum seeker in order to process the
application for asylum.

3.
The Contracting Party responsible shall be obliged to take
charge of the asylum seeker referred to in paragraph 2 if the request

22.9.2000

EN

Official Journal of the European Communities

27

is made within six months of
the application for asylum being
lodged. If the request is not made within that time, the Contracting
Party with whom the application for asylum was lodged shall be
responsible for processing the application.

Article 32

The Contracting Party responsible for processing an application for
asylum shall process it in accordance with its national law.

Article 37

The competent authorities of the Contracting Parties shall at

1.
the earliest opportunity send each other details of:

(a) any new rules or measures adopted in the field of asylum law or
the treatment of asylum seekers no later than their entry into
force;

Article 33

(b) statistical data on the monthly arrivals of asylum seekers,
indicating the main countries of origin and decisions on
applications for asylum where available;

If an asylum seeker is illegally within the territory of another
1.
Contracting Party while the asylum procedure is in progress,
the
Contracting Party responsible shall be obliged to take the asylum
seeker back.

(c)

the emergence of, or significant increases in, certain categories of
asylum seekers and any information available on this subject;

(d) any fundamental decisions in the field of asylum law.

2.
Paragraph 1 shall not apply where the other Contracting Party
has issued an asylum seeker with a residence permit valid for one
year or more.
for processing the
case,
application shall be transferred to the other Contracting Party.

responsibility

In that

The Contracting Parties shall also ensure close cooperation in
situation in the asylum seekers’

2.
gathering information on the
countries of origin with a view to a joint assessment.

Article 34

Any instruction given by a Contracting Party concerning the
3.
confidential processing of the information that it communicates must
be complied with by the other Contracting Parties.

1.
The Contracting Party responsible shall be obliged to take back
an alien whose application for asylum has been definitively rejected
and who has entered the territory of another Contracting Party
without being authorised to reside there.

Article 38

Paragraph 1 shall not, however, apply where the Contracting
the

expelled the alien from the

territories of

2.
Party responsible
Contracting Parties.

Every Contracting Party shall send every other Contracting
1.
Party at their request any information it has on an asylum seeker
which is necessary for the purposes of:

Article 35

(cid:151) determining the Contracting Party responsible for processing the

application for asylum,

1.
The Contracting Party which granted an alien the status of
refugee and right of residence shall be obliged to take responsibility
for processing any application for asylum made by a member of the
alien’s family provided that the persons concerned agree.

For the purposes of paragraph 1, a family member shall be the
2.
refugee’s spouse or unmarried child who is less than 18 years old or,
if the refugee is an unmarried child who is less than 18 years old,
the refugee’s father or mother.

(cid:151) processing the application for asylum,

(cid:151) implementing the obligations arising under this chapter.

2.

Such information may concern only:

Article 36

(a)

identity (surname and forename, any previous names, nicknames
or aliases, date and place of birth, present nationality and any
previous
and, where
of
appropriate, of the asylum seeker’s family members);

asylum seeker

nationalities

the

Any Contracting Party responsible for processing an application for
asylum may, for humanitarian reasons, based in particular family or
cultural grounds, ask another Contracting Party to assume that
responsibility provided that
so desires. The
Contracting Party to which such a request is made shall consider
whether it can be granted.

the asylum seeker

(b)

identity and travel documents (references, periods of validity, dates
of issue, issuing authorities, place of issue, etc.);

(c) any other details needed to establish the asylum seeker’s identity;

28

EN

Official Journal of the European Communities

22.9.2000

(d) places of residence and routes travelled;

(e)

residence permits or visas issued by a Contracting Party;

(f)

the place where the application for asylum was lodged;

(g) where appropriate, the date any previous application for asylum
was lodged,
the date on which the present application was
lodged, the stage reached in the procedure and the decision taken.

3.
In addition, a Contracting Party may ask another Contracting
Party to inform it of the grounds invoked by an asylum seeker in
support of an application and, where appropriate, the grounds for the
decision taken on the asylum seeker. The Contracting Party requested
shall consider whether it can comply with such a request. In all
events the communication of such information shall be subject to the
asylum seeker’s consent.

4.
Information shall be exchanged at the request of a Contracting
Party and may only be exchanged between the authorities designated
by each Contracting Party, once the Executive Committee has been
informed thereof.

5.
The information exchanged may only be used for the purposes
laid down in paragraph 1. Such information may only be
communicated to the authorities and courts and tribunals responsible
for:

(cid:151) determining the Contracting Party responsible for processing the

application for asylum,

(cid:151) processing the application for asylum,

(cid:151) implementing obligations arising under this chapter.

The Contracting Party that
6.
ensure it is accurate and up-to-date.

forwards the information shall

inaccurate or

If it appears that a Contracting Party has supplied information that
recipient
is
Contracting Parties shall be informed immediately thereof. They shall
be obliged to correct such information or delete it.

should not have been forwarded,

the

Asylum seekers shall have the right to receive on request the
7.
information exchanged which concerns them as long as it remains
available.

If they establish that such information is inaccurate or should not
have been forwarded,
to demand its
correction or deletion. Corrections shall be made in accordance with
paragraph 6.

they shall have the right

Each Contracting Party concerned shall record the forwarding

8.
and receipt of information exchanged.

Information forwarded shall be held no longer than necessary
9.
for the purposes for which it was exchanged. The Contracting Party
concerned shall assess in due course whether it is necessary for it to
be held.

In any case, information thus forwarded shall enjoy at least
10.
the same protection as is provided for similar information in the law
of the recipient Contracting Party.

If information is not processed automatically but is handled
11.
in some other form, each Contracting Party shall take the appropriate
measures to ensure compliance with this Article by means of effective
controls. If a Contracting Party has a body of the type referred to in
paragraph 12, it may assign the control task to it.

12.
If one or more Contracting Parties wishes to computerise all
or part of the information referred to in paragraphs 2 and 3, such
computerisation shall only be authorised if the Contracting Parties
concerned have adopted laws applicable to such processing which
implement the principles of the Council of Europe Convention for the
Protection of
Individuals with regard to Automatic Processing of
Personal Data of 28 January 1981 and if they have entrusted an
appropriate national body with the independent monitoring of the
processing and use of data forwarded pursuant to this Convention.

TITLE III

POLICE AND SECURITY

CHAPTER 1

POLICE COOPERATION

Article 39

within the scope of their powers, assist each other for the
purposes of preventing and detecting criminal offences, in so
far as national law does not stipulate that the request has to be
made and channelled via the judicial authorities and provided
that
the implementation thereof does not
involve the application of measures of constraint by the
requested Contracting Party. Where the requested police
authorities do not have the power to deal with a request, they
shall forward it to the competent authorities.

the request or

1.
police authorities shall, in compliance with national

The Contracting Parties undertake to ensure that their
law and

2. Written
requested
Contracting Party under paragraph 1 may not be used by the

information

provided

the

by

22.9.2000

EN

Official Journal of the European Communities

29

requesting Contracting Party as evidence of
the offence
charged other than with the consent of the competent judicial
authorities of the requested Contracting Party.

(b) a request

for assistance submitted in accordance with
paragraph 1 and outlining the grounds for crossing the
border without prior authorisation shall be submitted
immediately.

Requests for assistance referred to in paragraph 1 and the
3.
replies to such requests may be exchanged between the central
bodies responsible in each Contracting Party for international
police cooperation. Where the request cannot be made in good
time using the above procedure, the police authorities of the
requesting Contracting Party may address it directly to the
competent authorities of the requested Party, which may reply
directly. In such cases, the requesting police authority shall at
the earliest opportunity inform the central body responsible
requested
for
Contracting Party of its direct request.

international

cooperation

police

the

in

In border

4.
arrangements between the
Contracting Parties.

areas,

cooperation may be

competent Ministers of

covered by
the

The provisions of this Article shall not preclude more
5.
detailed present or
agreements between
future bilateral
Contracting Parties with a common border. The Contracting
Parties shall inform each other of such agreements.

Article 40

1.
Officers of one of the Contracting Parties who, as part of
a criminal investigation, are keeping under surveillance in their
country a person who is presumed to have participated in an
extraditable criminal offence shall be authorised to continue
their surveillance in the territory of another Contracting Party
where the latter has authorised cross-border surveillance in
response
for assistance made in advance.
Conditions may be attached to the authorisation.

to a request

On request, the surveillance will be entrusted to officers of the
Contracting Party in whose territory this is carried out.

The request for assistance referred to in the first subparagraph
must be sent
the
Contracting Parties and empowered to grant or to pass on the
requested authorisation.

to an authority designated by each of

for

urgent

particularly

the officers carrying out

2. Where,
prior
authorisation cannot be requested from the other Contracting
the surveillance shall be
Party,
authorised to continue beyond the border the surveillance of a
person presumed to have committed criminal offences listed in
paragraph 7, provided that the following conditions are met:

reasons,

(a)

the authority of the Contracting Party designated under
paragraph 5, in whose territory the surveillance is to be
continued, must be notified immediately, during the
surveillance, that the border has been crossed;

Surveillance shall cease as soon as the Contracting Party in
whose territory it is taking place so requests, following the
notification referred to in (a) or the request referred to in (b)
or, where authorisation has not been obtained, five hours after
the border was crossed.

The surveillance referred to in paragraphs 1 and 2 shall

3.
be carried out only under the following general conditions:

(a) The officers carrying out

the surveillance must comply
with the provisions of this Article and with the law of the
Contracting Party in whose territory they are operating;
they must obey the instructions of the competent local
authorities.

(b) Except

in the situations outlined in paragraph 2,

the
officers shall, during the surveillance, carry a document
certifying that authorisation has been granted.

(c) The officers carrying out the surveillance must at all times
be able to prove that they are acting in an official capacity.

(d) The officers carrying out the surveillance may carry their
service weapons during the
save where
specifically otherwise decided by the requested Party; their
use
legitimate
self-defence.

shall be prohibited save

in cases of

surveillance

(e) Entry into private homes and places not accessible to the

public shall be prohibited.

(f) The officers carrying out

the surveillance may neither

challenge nor arrest the person under surveillance.

(g) All operations shall be the subject of a report

to the
authorities of the Contracting Party in whose territory they
took place; the officers carrying out the surveillance may
be required to appear in person.

(h) The authorities of the Contracting Party from which the
surveillance officers have come shall, when requested by
the authorities of the Contracting Party in whose territory
the surveillance took place, assist the enquiry subsequent
to the operation in which they took part, including judicial
proceedings.

4.

The officers referred to in paragraphs 1 and 2 shall be:

(cid:151) as regards the Kingdom of Belgium: members of the (cid:145)police
judiciaire prŁs les Parquets(cid:146) (Criminal Police attached to the
Public Prosecutor’s Office),
the (cid:145)gendarmerie(cid:146) and the
(cid:145)police communale(cid:146) (municipal police), as well as customs
officers, under the conditions laid down in appropriate
referred to in paragraph 6, with
bilateral agreements

30

EN

Official Journal of the European Communities

22.9.2000

to their powers

respect
trafficking in
narcotic drugs and psychotropic substances, trafficking in
arms and explosives, and the illicit transportation of toxic
and hazardous waste;

regarding illicit

(cid:151) as regards the Federal Republic of Germany: officers of the
(cid:145)Polizeien des Bundes und der L(cid:228)nder(cid:146) (Federal Police and
Federal State Police), as well as, with respect only to illicit
trafficking in narcotic drugs and psychotropic substances
and arms trafficking, officers of the (cid:145)Zollfahndungsdienst(cid:146)
(customs investigation service) in their capacity as auxiliary
officers of the Public Prosecutor’s Office;

(cid:151) as regards the French Republic: criminal police officers of
(cid:145)gendarmerie(cid:146), as well as
the national police and national
customs officers, under
laid down in
appropriate bilateral agreements referred to in paragraph 6,
with respect to their powers regarding illicit trafficking in
narcotic drugs and psychotropic substances, trafficking in
arms and explosives, and the illicit transportation of toxic
and hazardous waste;

the conditions

(cid:151) as regards the Grand Duchy of Luxembourg: officers of the
(cid:145)gendarmerie(cid:146) and the police, as well as customs officers,
under the conditions laid down in appropriate bilateral
agreements referred to in paragraph 6, with respect
to
their powers regarding illicit trafficking in narcotic drugs
trafficking in arms and
and psychotropic substances,
toxic and
explosives, and the illicit
hazardous waste;

transportation of

(cid:151) as regards the Kingdom of the Netherlands: officers of the
(national police) and the (cid:145)Gemeentepolitie(cid:146)
(cid:145)Rijkspolitie(cid:146)
(municipal police), as well as, under the conditions laid
down in appropriate bilateral agreements referred to in
paragraph 6, with respect to their powers regarding illicit
trafficking in narcotic drugs and psychotropic substances,
illicit
trafficking
transportation of toxic and hazardous waste, officers of the
tax inspection and investigation authorities responsible for
import and excise duties.

explosives

in arms

and

and

the

5.

The authority referred to in paragraphs 1 and 2 shall be:

(cid:151) as regards the Kingdom of Belgium:
gØnØral de la Police judiciaire(cid:146)
Department),

the (cid:145)Commissariat
Investigation

(Criminal

(cid:151) as

regards

the

Federal Republic of Germany:

the

(cid:145)Bundeskriminalamt(cid:146) (Federal Crime Office),

(cid:151) as regards the French Republic: the (cid:145)Direction centrale de la
the Criminal

(Central Headquarters of

Police judiciaire(cid:146)
Police),

(cid:151) as regards the Grand Duchy of Luxembourg: the (cid:145)Procureur

gØnØral d’Etat(cid:146) (Principal State Prosecutor),

(cid:151) as regards the Kingdom of the Netherlands: the (cid:145)Landelijk
Prosecutor)

Justitie(cid:146)
Officier
responsible for cross-border surveillance.

(National

Public

van

The Contracting Parties may, at bilateral level, extend the
in
this Article and adopt additional measures

6.
scope of
application thereof.

7.
The surveillance referred to in paragraph 2 may only be
carried out where one of the following criminal offences is
involved:

(cid:151) murder,

(cid:151) manslaughter,

(cid:151) rape,

(cid:151) arson,

(cid:151) forgery of money,

(cid:151) aggravated burglary and robbery and receiving stolen

goods,

(cid:151) extortion,

(cid:151) kidnapping and hostage taking,

(cid:151) trafficking in human beings,

(cid:151) illicit

trafficking in narcotic drugs

and psychotropic

substances,

(cid:151) breach of the laws on arms and explosives,

(cid:151) wilful damage through the use of explosives,

(cid:151) illicit transportation of toxic and hazardous waste.

Article 41

Officers of one of

the Contracting Parties who are
1.
pursuing in their country an individual caught in the act of
committing or of participating in one of the offences referred
to in paragraph 4 shall be authorised to continue pursuit in
the territory of another Contracting Party without the latter’s
prior authorisation where, given the particular urgency of the
situation, it is not possible to notify the competent authorities
of the other Contracting Party by one of the means provided
for in Article 44 prior to entry into that territory or where
these authorities are unable to reach the scene in time to take
over the pursuit.

The same shall apply where the person being pursued has
escaped from provisional custody or while serving a sentence
involving deprivation of liberty.

The pursuing officers shall, not later than when they cross the
border, contact the competent authorities of the Contracting
Party in whose territory the hot pursuit is to take place. The
hot pursuit will cease as soon as the Contracting Party in
whose territory the pursuit is taking place so requests. At the
request of
local
authorities shall challenge the pursued person in order to
establish the person’s identity or to make an arrest.

the pursuing officers,

competent

the

22.9.2000

EN

Official Journal of the European Communities

31

2.
Hot pursuit shall be carried out in accordance with one
of the following procedures, defined by the declaration laid
down in paragraph 9:

(a) The pursuing officers shall not have the right to apprehend

the pursued person;

(b) If no request to cease the hot pursuit is made and if the
competent local authorities are unable to intervene quickly
the pursuing officers may detain the person
enough,
pursued until
the Contracting Party in
whose territory the pursuit is taking place, who must be
informed immediately, are able to establish the person’s
identity or make an arrest.

the officers of

Hot pursuit shall be carried out

3.
in accordance with
paragraphs 1 and 2 and in one of the following ways as
defined by the declaration provided for in paragraph 9:

(a)

in an area or during a period as from the crossing of the
border, to be established in the declaration;

(b) without limit in space or time.

the
In the declaration referred to in paragraph 9,
4.
Contracting Parties shall define the offences referred to in
paragraph 1 in accordance with one of
following
procedures:

the

(a) The following criminal offences:

(cid:151) illicit transportation of toxic and hazardous waste,

(cid:151) failure to stop and give particulars after an accident

which has resulted in death or serious injury.

(b) Extraditable offences.

Hot pursuit shall be carried out only under the following

5.
general conditions:

(a) The pursuing officers must comply with the provisions of
this Article and with the law of the Contracting Party in
whose territory they are operating; they must obey the
instructions issued by the competent local authorities.

(b) Pursuit shall be solely over land borders.

(c) Entry into private homes and places not accessible to the

public shall be prohibited.

(d) The pursuing officers shall be easily identifiable, either by
their uniform, by means of an armband or by accessories
fitted to their vehicles; the use of civilian clothes combined
with
the
aforementioned identification is prohibited; the pursuing
officers must at all times be able to prove that they are
acting in an official capacity.

vehicles without

unmarked

use

the

of

(cid:151) murder,

(cid:151) manslaughter,

(cid:151) rape,

(cid:151) arson,

(cid:151) forgery of money,

(cid:151) aggravated burglary and robbery and receiving stolen

goods,

(cid:151) extortion,

(cid:151) kidnapping and hostage taking,

(cid:151) trafficking in human beings,

(e) The pursuing officers may carry their service weapons;
their use shall be prohibited save in cases of legitimate
self-defence.

(f) Once the pursued person has been apprehended as
provided for in paragraph 2(b), for the purpose of being
brought before the competent local authorities that person
may only be subjected to a security search; handcuffs may
be used during the transfer; objects carried by the pursued
person may be seized.

(g) After each operation referred to in paragraphs 1, 2 and 3,
the pursuing officers shall appear before the competent
local authorities of the Contracting Party in whose territory
they were operating and shall report on their mission; at
the request of those authorities, they shall remain at their
disposal until the circumstances surrounding their action
have been sufficiently clarified; this condition shall apply
even where the hot pursuit has not resulted in the arrest of
the person pursued.

(cid:151) illicit

trafficking in narcotic drugs and psychotropic

substances,

(cid:151) breach of the laws on arms and explosives,

(cid:151) wilful damage through the use of explosives,

(h) The authorities of the Contracting Party from which the
pursuing officers have come shall, when requested by the
authorities of the Contracting Party in whose territory the
hot pursuit took place, assist the enquiry subsequent to the
operation in which they took part,
including judicial
proceedings.

32

EN

Official Journal of the European Communities

22.9.2000

A person who,

6.
following the action provided for in
local
paragraph 2, has been arrested by the competent
authorities may, whatever that person’s nationality, be held for
questioning. The relevant rules of national
law shall apply
mutatis mutandis.

If the person is not a national of the Contracting Party in
whose territory the person was arrested, that person shall be
released no later than six hours after the arrest was made, not
including the hours between midnight and 9.00 a.m., unless
the competent
local authorities have previously received a
request for that person’s provisional arrest for the purposes of
extradition in any form whatsoever.

The officers referred to in the previous paragraphs shall

7.
be:

(cid:151) as regards the Kingdom of Belgium: members of the (cid:145)police
judiciaire prŁs les Parquets(cid:146) (Criminal Police attached to the
Public Prosecutor’s Office),
the (cid:145)gendarmerie(cid:146) and the
(cid:145)police communale(cid:146) (municipal police), as well as customs
officers, under the conditions laid down in appropriate
bilateral agreements referred to in paragraph 10, with
respect
trafficking in
narcotic drugs and psychotropic substances, trafficking in
arms and explosives, and the illicit transportation of toxic
and hazardous waste;

to their powers

regarding illicit

(cid:151) as regards the Federal Republic of Germany: officers of the
(cid:145)Polizeien des Bundes und der L(cid:228)nder(cid:146) (Federal and Federal
State Police), as well as, with respect only to illegal
trafficking in narcotic drugs and psychotropic substances
and arms trafficking, officers of the (cid:145)Zollfahndungsdienst(cid:146)
(customs investigation service) in their capacity as auxiliary
officers of the Public Prosecutor’s Office;

(cid:151) as regards the French Republic: criminal police officers of
the national police and national
(cid:145)gendarmerie(cid:146), as well as
customs officers, under the conditions laid down in the
appropriate bilateral agreements referred to in paragraph
10, with respect to their powers regarding illicit trafficking
in narcotic drugs and psychotropic substances, trafficking
in arms and explosives, and the illicit transportation of
toxic and hazardous waste;

(cid:151) as regards the Grand Duchy of Luxembourg: officers of the
(cid:145)gendarmerie(cid:146) and the police, as well as customs officers,
under the conditions laid down in the appropriate bilateral
agreements referred to in paragraph 10, with respect to
their powers regarding illicit trafficking in narcotic drugs
trafficking in arms and
and psychotropic substances,
explosives, and the illicit
toxic and
hazardous waste:

transportation of

(cid:151) as regards the Kingdom of the Netherlands: officers of the
(cid:145)Rijkspolitie(cid:146)
(national police) and the (cid:145)Gemeentepolitie(cid:146)
(municipal police) as well as, under the conditions laid
down in the appropriate bilateral agreements referred to in
paragraph 10, with respect to their powers regarding the
illicit
and psychotropic
substances, trafficking in arms and explosives and the illicit
transportation of toxic and hazardous waste, officers of the

trafficking in narcotic drugs

tax inspection and investigation authorities responsible for
import and excise duties.

8.
For the Contracting Parties concerned this Article shall
apply without prejudice to Article 27 of the Benelux Treaty
concerning Extradition and Mutual Assistance in Criminal
Matters of 27 June 1962, as amended by the Protocol of 11
May 1974.

9.
At the time of signing this Convention, each Contracting
Party shall make a declaration in which it shall define for each
of the Contracting Parties with which it has a common border,
on the basis of paragraphs 2, 3 and 4, the procedures for
carrying out a hot pursuit in its territory.

A Contracting Party may at any time replace its declaration by
another declaration provided the latter does not restrict the
scope of the former.

Each declaration shall be made after consultation with each of
the Contracting Parties concerned and with a view to obtaining
equivalent arrangements on both sides of internal borders.

The Contracting Parties may, on a bilateral basis, extend
10.
the scope of paragraph 1 and adopt additional provisions in
implementation of this Article.

Article 42

During the operations referred to in Articles 40 and 41,
officers operating in the territory of another Contracting Party
shall be regarded as officers of
to
offences committed against them or by them.

that Party with respect

Article 43

1. Where,
in accordance with Articles 40 and 41 of this
Convention, officers of a Contracting Party are operating in the
territory of another Contracting Party, the first Contracting
Party shall be liable for any damage caused by them during
their operations, in accordance with the law of the Contracting
Party in whose territory they are operating.

2.
The Contracting Party in whose territory the damage
referred to in paragraph 1 was caused shall make good such
damage under the conditions applicable to damage caused by
its own officers.

The Contracting Party whose officers have

3.
caused
damage to any person in the territory of another Contracting
Party shall reimburse the latter in full any sums it has paid to
the victims or persons entitled on their behalf.

22.9.2000

EN

Official Journal of the European Communities

33

4. Without prejudice to the exercise of its rights vis-(cid:224)-vis
third parties and with the exception of paragraph 3, each
Contracting Party shall refrain in the case provided for in
paragraph 1 from requesting reimbursement of damages it has
sustained from another Contracting Party.

Article 44

1.
In accordance with the relevant international agreements
and account being taken of local circumstances and technical
possibilities, the Contracting Parties shall install, in particular
in border areas, telephone, radio, and telex lines and other
direct links to facilitate police and customs cooperation,
in
particular for the timely transmission of information for the
purposes of cross-border surveillance and hot pursuit.

In addition to these short-term measures, they will

2.
particular consider the following options:

in

(a) exchanging equipment or posting liaison offers provided

with appropriate radio equipment;

(b) widening the frequency bands used in border areas;

(c) establishing common links for police and customs services

operating in these same areas;

Paragraph 1 shall apply mutatis mutandis

2.
staying in any commercially rented accommodation,
particular tents, caravans and boats.

to persons
in

Article 46

cases,

In specific

each Contracting Party may,

in
1.
law and without being so
compliance with its national
requested,
any
send
information which may be important in helping it combat
future crime and prevent offences against or threats to public
policy and public security.

the Contracting

concerned

Party

2.
Information shall be exchanged, without prejudice to the
arrangements for cooperation in border areas referred to in
In
Article 39(4), via a central body to be designated.
particularly urgent cases, the exchange of information within
the meaning of this Article may take place directly between
the police authorities concerned, unless national provisions
stipulate otherwise. The central body shall be informed of this
as soon as possible.

Article 47

The

Contracting

1.
bilateral
agreements providing for the secondment, for a specified or
unspecified period, of
liaison officers from one Contracting
Party to the police authorities of another Contracting Party.

Parties may

conclude

(d) coordinating their programmes for the procurement of
communications equipment, with a view to installing
standardised and compatible communications systems.

The secondment of

liaison officers for a specified or
2.
intended to further and accelerate
unspecified period is
cooperation between the Contracting Parties, particularly by
providing assistance:

Article 45

The Contracting Parties undertake to adopt the necessary

1.
measures in order to ensure that:

(a)

(b)

the
in the form of
purposes of combating crime by means of both prevention
and law enforcement;

the exchange of

information for

in executing requests
assistance in criminal matters;

for mutual police and judicial

(a)

of

other Member

the managers of establishments providing accommodation
or their agents see to it that aliens accommodated therein,
including nationals of the other Contracting Parties and
those
European
Communities, with the exception of accompanying spouses
or accompanying minors or members of travel groups,
personally complete and sign registration forms and
confirm their
identity by producing a valid identity
document;

States

the

of

(b) the completed registration forms will be kept

for the
competent authorities or forwarded to them where such
authorities deem this necessary for
the prevention of
threats,
investigations or for clarifying the
circumstances of missing persons or accident victims, save
where national law provides otherwise.

for criminal

(c) with the tasks carried out by the authorities responsible for

external border surveillance.

Liaison officers shall have the task of providing advice
3.
empowered to take
and assistance. They shall not be
independent police action. They shall supply information and
perform their duties in accordance with the instructions given
to them by the seconding Contracting Party and by the
Contracting Party to which they are seconded. They shall
report regularly to the head of the police department to which
they are seconded.

4.
The Contracting Parties may agree within a bilateral or
multilateral framework that liaison officers from a Contracting

34

EN

Official Journal of the European Communities

22.9.2000

information to other Contracting

Party seconded to third States shall also represent the interests
such
of one or more other Contracting Parties. Under
liaison officers seconded to third States shall
agreements,
supply
Parties when
requested to do so or on their own initiative and shall, within
the limits of their powers, perform duties on behalf of such
inform one another of
Parties. The Contracting Parties shall
their intentions with regard to the secondment of
liaison
officers to third States.

CHAPTER 2

MUTUAL ASSISTANCE IN CRIMINAL MATTERS

Article 48

are

intended

this Chapter

The provisions of

1.
to
supplement the European Convention on Mutual Assistance in
in relations
Criminal Matters of 20 April 1959 as well as,
between the Contracting Parties which are members of the
Benelux Economic Union, Chapter II of the Benelux Treaty
concerning Extradition and Mutual Assistance in Criminal
Matters of 27 June 1962, as amended by the Protocol of 11
those
May 1974, and to facilitate the implementation of
Agreements.

Paragraph 1 shall not affect

2.
the
broader provisions of the bilateral agreements in force between
the Contracting Parties.

the application of

Article 49

Mutual assistance shall also be afforded:

(a)

(b)

in proceedings brought by the administrative authorities in
respect of acts which are punishable under the national
law of one of the two Contracting Parties, or of both, by
law, and
virtue of being infringements of
where the decision may give rise to proceedings before a
court having jurisdiction in particular in criminal matters;

the rules of

in proceedings
wrongful prosecution or conviction;

for claims

for damages arising from

(f)

in respect of measures relating to the deferral of delivery
or suspension of enforcement of a sentence or a preventive
measure, to conditional release or to a stay or interruption
of enforcement of a sentence or a preventive measure.

Article 50

1.
The Contracting Parties undertake to afford each other,
in accordance with the Convention and the Treaty referred to
in Article 48, mutual assistance as regards infringements of
their laws and regulations on excise duties, value added tax
and customs duties. Customs provisions shall mean the rules
laid down in Article 2 of the Convention of 7 September 1967
between Belgium, the Federal Republic of Germany, France,
Italy, Luxembourg and the Netherlands on Mutual Assistance
between Customs Administrations, and Article 2 of Council
Regulation (EEC) No 1468/81 of 19 May 1981.

Requests regarding evasion of excise duties may not be
2.
rejected on the grounds that the requested country does not
levy excise duties on the goods referred to in the request.

The requesting Contracting Party shall not forward or use
3.
requested
obtained
information or
Contracting
or
proceedings other than those referred to in its request without
the prior consent of the requested Contracting Party.

evidence
for

investigations,

prosecutions

from the

Party

4.
The mutual assistance provided for in this Article may be
refused where the alleged amount of duty underpaid or evaded
does not exceed ECU 25 000 or where the presumed value of
the goods exported or imported without authorisation does
not exceed ECU 100 000, unless, given the circumstances or
the identity of the accused, the case is deemed to be extremely
serious by the requesting Contracting Party.

5.
The provisions of this Article shall also apply when the
mutual assistance requested concerns acts punishable only by a
fine by virtue of being infringements of the rules of law in
proceedings brought by the administrative authorities, where
the request for assistance was made by a judicial authority.

(c)

in clemency proceedings;

Article 51

(d)

in civil actions joined to criminal proceedings, as long as
the criminal court has not yet taken a final decision in the
criminal proceedings;

The Contracting Parties may not make the admissibility of
letters rogatory for search or seizure dependent on conditions
other than the following:

(e)

judicial documents

in the service of
relating to the
enforcement of a sentence or a preventive measure, the
imposition of a fine or
for
proceedings;

the payment of costs

(a)

the act giving rise to the letters rogatory is punishable
under the law of both Contracting Parties by a penalty
involving deprivation of liberty or a detention order of a

22.9.2000

EN

Official Journal of the European Communities

35

maximum period of at least six months, or is punishable
under the law of one of the two Contracting Parties by an
equivalent penalty and under
the other
Contracting Party by virtue of being an infringement of the
rules
the
administrative authorities, and where the decision may give
rise to proceedings before a court having jurisdiction in
particular in criminal matters;

being prosecuted

law which is

the law of

by

of

(b) execution of the letters rogatory is consistent with the law

of the requested Contracting Party.

Article 52

Each Contracting Party may send procedural documents
1.
directly by post to persons who are in the territory of another
Contracting Party. The Contracting Parties
send the
Executive Committee a list of the documents which may be
forwarded in this way.

shall

2. Where there is reason to believe that the addressee does
not understand the language in which the document is written,
the document (cid:151) or at least the important passages thereof (cid:151)
must be translated into (one of)
the
Contracting Party in whose territory the addressee is staying. If
the
the authority forwarding the document knows
the
addressee
document (cid:151) or at least the important passages thereof (cid:151)
must be translated into that other language.

that
language,

the language(s) of

understands only

some other

3.
Experts or witnesses who have failed to answer a
summons to appear sent to them by post shall not, even if the
summons contains a notice of penalty, be subjected to any
punishment or measure of constraint, unless subsequently they
voluntarily enter into the territory of the requesting Party and
are there again duly summoned. Authorities sending a postal
summons to appear shall ensure that this does not involve a
notice of penalty. This provision shall be without prejudice to
Article 34 of the Benelux Treaty concerning Extradition and
Mutual Assistance in Criminal Matters of 27 June 1962, as
amended by the Protocol of 11 May 1974.

If the act on which the request for assistance is based is
4.
punishable under the law of both Contracting Parties by virtue
of being an infringement of the rules of law which is being
prosecuted by the administrative authorities, and where the
decision may give rise to proceedings before a court having
jurisdiction in particular in criminal matters, the procedure
outlined in paragraph 1 must in principle be used for the
forwarding of procedural documents.

Article 53

Requests for assistance may be made directly between

1.
judicial authorities and returned via the same channels.

Paragraph 1 shall not prejudice the possibility of requests
2.
being sent and returned between Ministries of
Justice or
through national central bureaux of the International Criminal
Police Organisation.

3.
Requests for the temporary transfer or transit of persons
who are under provisional arrest, being detained or who are
the subject of a penalty involving deprivation of liberty, and
the periodic or occasional exchange of information from the
judicial records must be effected through the Ministries of
Justice.

4. Within the meaning of
the European Convention on
Mutual Assistance in Criminal Matters of 20 April 1959,
where the Federal Republic of Germany is concerned, Ministry
of Justice shall mean the Federal Minister of Justice and the
Justice Ministers or Senators in the Federal States (L(cid:228)nder).

Information laid in connection with proceedings against
5.
infringement of the legislation on driving and rest periods, in
accordance with Article 21 of the European Convention on
Mutual Assistance in Criminal Matters of 20 April 1959 or
Article 42 of the Benelux Treaty on Extradition and Mutual
Assistance in Criminal Matters of 27 June 1962, as amended
by the Protocol of 11 May 1974, may be sent by the judicial
authorities of the requesting Contracting Party directly to the
judicial authorities of the requested Contracting Party.

CHAPTER 3

APPLICATION OF THE NE BIS IN IDEM PRINCIPLE

Article 54

in one
A person whose trial has been finally disposed of
Contracting
Party may not be prosecuted in another
Contracting Party for the same acts provided that, if a penalty
has been imposed,
is actually in the
it has been enforced,
process of being enforced or can no longer be enforced under
the laws of the sentencing Contracting Party.

5.
Notwithstanding paragraph 1, procedural documents
may be forwarded via the judicial authorities of the requested
Contracting Party where the addressee’s address is unknown or
where the requesting Contracting Party requires a document to
be served in person.

1.
A Contracting Party may, when ratifying, accepting or
approving this Convention, declare that it is not bound by
Article 54 in one or more of the following cases:

Article 55

36

EN

Official Journal of the European Communities

22.9.2000

(a) where the acts to which the foreign judgment relates took
place in whole or in part in its own territory; in the latter
case, however, this exception shall not apply if the acts
took place in part in the territory of the Contracting Party
where the judgment was delivered;

approving this Convention, nominate

3.
Each Contracting Party shall, when ratifying, accepting
authorities
or
authorised to request and receive the information provided for
in this Article.

the

(b) where the acts to which the foreign judgment relates
constitute an offence against national security or other
equally essential interests of that Contracting Party;

Article 58

(c) where the acts to which the foreign judgment relates were
that Contracting Party in

committed by officials of
violation of the duties of their office.

2.
A Contracting Party which has made a declaration
regarding the exception referred to in paragraph 1(b) shall
specify the categories of offences to which this exception may
apply.

3.
A Contracting Party may at any time withdraw a
declaration relating to one or more of the exceptions referred
to in paragraph 1.

The exceptions which were the subject of a declaration
4.
under paragraph 1 shall not apply where the Contracting Party
concerned has, in connection with the same acts, requested the
other Contracting Party to bring the prosecution or has
granted extradition of the person concerned.

Article 56

If a further prosecution is brought
in a Contracting Party
against a person whose trial, in respect of the same acts, has
been finally disposed of
in another Contracting Party, any
period of deprivation of liberty served in the latter Contracting
Party arising from those acts shall be deducted from any
penalty imposed. To the extent permitted by national
law,
penalties not
liberty shall also be
taken into account.

involving deprivation of

Article 57

1. Where a Contracting Party charges a person with an
offence and the competent authorities of
that Contracting
Party have reason to believe that the charge relates to the same
acts as those in respect of which the person’s trial has been
finally disposed of
those
authorities shall, if they deem it necessary, request the relevant
information from the competent authorities of the Contracting
Party in whose territory judgment has already been delivered.

in another Contracting Party,

2.
The information requested shall be provided as soon as
possible and shall be taken into consideration as regards
further action to be taken in the proceedings under way.

The above provisions shall not preclude the application of
broader national provisions on the ne bis in idem principle with
regard to judicial decisions taken abroad.

CHAPTER 4

EXTRADITION

Article 59

are

chapter

intended

The provisions of

1.
to
this
supplement the European Convention on Extradition of 13
in relations between the
as,
September 1957 as well
Contracting Parties which are members of
the Benelux
Economic Union, Chapter I of the Benelux Treaty concerning
Extradition and Mutual Assistance in Criminal Matters of 27
June 1962, as amended by the Protocol of 11 May 1974, and
to facilitate the implementation of those agreements.

Paragraph 1 shall not affect

2.
the
broader provisions of the bilateral agreements in force between
the Contracting Parties.

the application of

Article 60

In relations between two Contracting Parties, one of which is not a
Party to the European Convention on Extradition of 13 September
1957, the provisions of the said Convention shall apply, subject to
the reservations and declarations made at the time of ratifying that
Convention or, for Contracting Parties which are not Parties to the
Convention, at
the time of ratifying, approving or accepting this
Convention.

Article 61

the Contracting Parties, persons

The French Republic undertakes to extradite, at the request of
one of
against whom
for acts punishable under
proceedings are being brought
French law by a penalty involving deprivation of liberty or a
detention order of a maximum period of at least two years and
under the law of the requesting Contracting Party by a penalty
involving deprivation of
liberty or a detention order of a
maximum period of at least one year.

22.9.2000

EN

Official Journal of the European Communities

37

Article 62

(cid:151) as regards the Grand Duchy of Luxembourg: the Ministry

of Justice,

As regards interruption of limitation of actions, only the

1.
provisions of the requesting Contracting Party shall apply.

(cid:151) as regards the Kingdom of the Netherlands: the Ministry of

Justice.

2.
An amnesty granted by the requested Contracting Party
shall not prevent extradition unless the offence falls within the
jurisdiction of that Contracting Party.

Article 66

3.
The absence of a charge or an official notice authorising
proceedings, necessary only under the law of the requested
Contracting Party, shall not affect the obligation to extradite.

Article 63

in accordance with the
The Contracting Parties undertake,
Convention and the Treaty referred to in Article 59,
to
extradite between themselves persons being prosecuted by the
judicial authorities of the requesting Contracting Party for one
of the offences referred to in Article 50(1), or sought by the
requesting Contracting Party for the purposes of enforcing a
sentence or preventive measure imposed in respect of such an
offence.

If

1.
the extradition of a wanted person is not clearly
prohibited under the laws of the requested Contracting Party,
that Contracting Party may authorise extradition without
the wanted
formal extradition proceedings, provided that
person agrees thereto in a statement made before a member of
the judiciary after being heard by the latter and informed of
the right to formal extradition proceedings. The wanted person
may be assisted by a lawyer during the hearing.

In cases of extradition under paragraph 1, wanted
2.
persons who explicitly state that
they will relinquish the
protection offered by the principle of speciality may not
revoke that statement.

CHAPTER 5

Article 64

TRANSFER OF THE ENFORCEMENT OF CRIMINAL
JUDGMENTS

An alert entered into the Schengen Information System in
accordance with Article 95 shall have the same force as a
request for provisional arrest under Article 16 of the European
Convention on Extradition of 13 September 1957 or Article
15 of the Benelux Treaty concerning Extradition and Mutual
Assistance in Criminal Matters of 27 June 1962, as amended
by the Protocol of 11 May 1974.

Article 67

The following provisions shall apply between the Contracting
Parties which are Parties to the Council of Europe Convention
on the Transfer of Sentenced Persons of 21 March 1983, for
the purposes of supplementing that Convention.

Article 65

Article 68

1. Without prejudice to the option of using the diplomatic
channel, requests for extradition and transit shall be sent by
the relevant Ministry of the requesting Contracting Party to the
competent Ministry of the requested Contracting Party.

2.

The competent Ministries shall be:

(cid:151) as regards the Kingdom of Belgium: the Ministry of Justice,

(cid:151) as regards the Federal Republic of Germany: the Federal
Ministry of Justice and the Justice Ministers or Senators in
the Federal States (L(cid:228)nder),

(cid:151) as regards the French Republic: the Ministry of Foreign

Affairs,

1.
The Contracting Party in whose territory a penalty
involving deprivation of liberty or a detention order has been
imposed by a judgment which has obtained the force of res
judicata in respect of a national of another Contracting Party
who, by escaping to the national’s own country, has avoided
the enforcement of
that penalty or detention order may
request the latter Contracting Party, if the escaped person is
within its territory, to take over the enforcement of the penalty
or detention order.

2.
The requested Contracting Party may, at the request of
the requesting Contracting Party, prior to the arrival of the
documents supporting the request that the enforcement of the
penalty or detention order or part thereof remaining to be
served be taken over, and prior to the decision on that request,
take the sentenced person into police custody or take other
measures
the person remains within the
territory of the requested Contracting Party.

to ensure that

38

EN

Official Journal of the European Communities

22.9.2000

Article 69

The transfer of enforcement under Article 68 shall not require
the consent of
the person on whom the penalty or the
detention order has been imposed. The other provisions of the
Council of Europe Convention on the Transfer of Sentenced
Persons of 21 March 1983 shall apply mutatis mutandis.

CHAPTER 6

NARCOTIC DRUGS

Article 70

the illegal

3.
To combat
import of narcotic drugs and
including cannabis, the Contracting
psychotropic substances,
Parties shall step up their checks on the movement of persons,
goods and means of transport at their external borders. Such
measures shall be drawn up by the working party provided for
inter alia,
in Article 70. This working party shall consider,
transferring some of the police and customs staff released from
internal border duty and the use of modern drug-detection
methods and sniffer dogs.

4.
To ensure compliance with this Article, the Contracting
Parties shall specifically carry out surveillance of places known
to be used for drug trafficking.

5.
The Contracting Parties shall do their utmost to prevent
and combat the negative effects arising from the illicit demand
for narcotic drugs and psychotropic substances of whatever
including cannabis. Each Contracting Party shall be
type,
responsible for the measures adopted to this end.

1.
The Contracting Parties shall set up a permanent working
party to examine common problems relating to combating crime
involving narcotic drugs and to draw up proposals, where necessary,
to improve the practical and technical aspects of cooperation between
the Contracting Parties. The working party shall submit its proposals
to the Executive Committee.

Article 72

in accordance with their
shall,
The Contracting Parties
constitutions and their national
legal systems, ensure that
legislation is enacted to enable the seizure and confiscation of
the proceeds of the illicit trafficking in narcotic drugs and
psychotropic substances.

2.
The working party referred to in paragraph 1, whose members
shall be nominated by the competent national authorities, shall
include representatives of the police and customs authorities.

Article 73

Article 71

1.
The Contracting Parties undertake as regards the direct or
indirect sale of narcotic drugs and psychotropic substances of
whatever type, including cannabis, and the possession of such
products and substances
in
accordance with the existing United Nations Conventions (*),
all necessary measures
to prevent and punish the illicit
trafficking in narcotic drugs and psychotropic substances.

for sale or export,

to adopt

2.
The Contracting Parties undertake to prevent and punish
by administrative and penal measures the illegal export of
narcotic
including
psychotropic
cannabis, as well as the sale, supply and handing over of such
products and substances, without prejudice to the relevant
provisions of Articles 74, 75 and 76.

substances,

drugs

and

(*) Single Convention on Narcotic Drugs of 1961, as amended by the
1972 Protocol amending the 1961 Single Convention on Narcotic
Drugs;
the
United Nations Convention against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances of 20 December 1988.

the 1971 Convention on Psychotropic Substances;

The Contracting Parties undertake,

in accordance with
1.
their constitutions and their national
legal systems, to adopt
measures to allow controlled deliveries to be made in the
and
illicit
context of
psychotropic substances.

trafficking in narcotic drugs

the

In each individual case, a decision to allow controlled
2.
deliveries will be taken on the basis of prior authorisation
from each Contracting Party concerned.

3.
Each Contracting Party shall retain responsibility for and
control over any operation carried out in its own territory and
shall be entitled to intervene.

Article 74

the

legal

trade

regards

As
in narcotic drugs and psychotropic
substances, the Contracting Parties agree that the checks arising from
obligations under the United Nations Conventions listed in Article
71 and which are carried out at internal borders shall, wherever
possible, be transferred to within the country.

22.9.2000

EN

Official Journal of the European Communities

39

Article 75

As regards the movement of travellers to the territories
1.
the Contracting Parties or their movement within these
of
territories, persons may
and
carry
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 narcotic drugs

The Executive Committee shall

2.
lay down the form and
content of the certificate referred to in paragraph 1 and issued
by one of the Contracting Parties, with particular reference to
the products and
details on the nature and quantity of
substances and the duration of the journey.

3.
The Contracting Parties shall notify each other of the
authorities responsible for the issue and authentication of the
certificate referred to in paragraph 2.

their acquisition or possession by,

persons; it does not cover the supply of firearms or ammunition to,
the central and territorial
or
authorities,
the armed forces or the police or the manufacture of
firearms and ammunition by public undertakings.

Article 78

For the purposes of this chapter, firearms shall be classified as

1.
follows:

(a) prohibited firearms;

(b)

firearms subject to authorisation;

(c)

firearms subject to declaration.

Article 76

The breach-closing mechanism, the magazine and the barrel of
2.
firearms
regulations
subject mutatis mutandis to the
governing the weapon of which they are, or are intended to be,
mounted.

shall be

1.
The Contracting Parties shall, where necessary, and in
accordance with their medical, ethical and practical usage,
adopt appropriate measures for the control of narcotic drugs
and psychotropic substances which in the territory of one or
more Contracting Parties are subject to more rigorous controls
than in their own territory, so as not
to jeopardise the
effectiveness of such controls.

For

the purposes of

3.
firearms(cid:146) shall
mean firearms with a barrel not exceeding 30 cm or whose overall
length does not exceed 60 cm; (cid:145)long firearms(cid:146) shall mean all other
firearms.

this Convention,

(cid:145)short

2.
Paragraph 1 shall also apply to substances frequently
used in the manufacture of narcotic drugs and psychotropic
substances.

The list of prohibited firearms and ammunition shall include

1.
the following:

Article 79

3.
The Contracting Parties shall notify each other of the
measures taken in order to monitor the legal trade of the
substances referred to in paragraphs 1 and 2.

(a)

firearms normally used as weapons of war;

(b) automatic firearms, even if they are not weapons of war;

Problems

4.
experienced in this
regularly in the Executive Committee.

area

shall be

raised

(c)

firearms disguised as other objects;

(d) ammunition with penetrating, explosive or incendiary projectiles

and the projectiles for such ammunition;

CHAPTER 7

FIREARMS AND AMMUNITION

Article 77

(e) ammunition for

and
hollow-pointed projectiles and projectiles for such ammunition.

revolvers with dumdum or

pistols

In special
for

2.
grant
firearms and ammunition referred to in
authorisations
paragraph 1 if this is not contrary to public policy or public security.

authorities may

cases
the

competent

the

1.
The Contracting Parties undertake to adapt their national laws,
regulations and administrative provisions relating to the acquisition,
possession, trade in and handing over of firearms and ammunition to
the provisions of this chapter.

Article 80

2.
handing over of

This chapter covers the acquisition, possession, trade in and
firearms and ammunition by natural and legal

1.
The list of firearms the acquisition and possession of which is
subject to authorisation shall include at least the following if they are
not prohibited:

40

EN

Official Journal of the European Communities

22.9.2000

(a) semi-automatic or repeating short firearms;

(b) single-shot short firearms with centrefire percussion;

(a)

firearms whose model or year of manufacture, save in
exceptional cases, predates 1 January 1870, provided that
they cannot fire ammunition intended for prohibited arms
or arms subject to authorisation;

(c)

single-shot short firearms with rimfire percussion, with an overall
length of less than 28 cm;

(b) reproductions of arms listed under (a), provided that they

cannot be used to fire metal-case cartridges;

(d) semi-automatic long firearms whose magazine and chamber can

together hold more than three rounds;

(c)

firearms which by technical procedures guaranteed by the
stamp of an official body or recognised by such a body
have been rendered unfit to fire any kind of ammunition.

(e)

repeating semi-automatic long firearms with smoothbore barrels
not exceeding 60 cm in length;

(f)

semi-automatic firearms for civilian use which resemble weapons
of war with automatic mechanisms.

2.

The list of firearms subject to authorisation shall not include:

(a) arms used as warning devices or alarms or to fire non-lethal
incapacitants, provided that it is guaranteed by technical means
that such arms cannot be converted, using ordinary tools, to fire
ammunition with projectiles and provided that the firing of an
irritant substance does not cause permanent injury to persons;

(b) semi-automatic

long firearms whose magazine and chamber
cannot hold more than three rounds without being reloaded,
provided that the loading device is non-removable or that it is
certain that
the firearms cannot be converted, using ordinary
tools, into firearms whose magazine and chamber can together
hold more than three rounds.

Article 83

Authorisation to acquire and to possess a firearm listed in Article 80
may be issued only:

(a)

the person concerned is over 18 years of age, with the

if
exception of dispensations for hunting or sporting purposes;

(b)

if the person concerned is not unfit, as a result of mental illness
or any other mental or physical disability, to acquire or possess a
firearm;

(c)

if the person concerned has not been convicted of an offence, or if
there are no other indications that the person might be a danger
to public policy or public security;

(d)

if the reasons given by the person concerned for acquiring or
possessing firearms can be considered legitimate.

Article 81

Article 84

The list of firearms subject to declaration shall include, if such arms
are neither prohibited nor subject to authorisation:

(a) repeating long firearms;

(b)

long firearms with single-shot rifled barrel or barrels;

(c)

single-shot short firearms with rimfire percussion whose overall
length exceeds 28 cm;

(d)

the arms listed in Article 80(2)(b).

1.
Declarations in respect of the firearms mentioned in Article 81
shall be entered in a register kept by the persons referred to in
Article 85.

If a firearm is transferred by a person not referred to in Article
transfer must be made in accordance with

2.
85, a declaration of
procedures to be laid down by each Contracting Party.

The declarations referred to in this Article shall contain the
to identify the persons and the arms

3.
details necessary in order
concerned.

Article 82

Article 85

The list of arms referred to in Articles 79, 80 and 81 shall not
include:

1.
The Contracting Parties undertake to impose an authorisation
requirement on manufacturers of, and on dealers in, firearms subject
to authorisation and to impose a declaration requirement on

22.9.2000

EN

Official Journal of the European Communities

41

manufacturers of, and on dealers in, firearms subject to declaration.
Authorisation for firearms subject to authorisation shall also cover
firearms subject to declaration. The Contracting Parties shall carry
out
thereby
guaranteeing effective control.

checks on arms manufacturers and arms dealers,

2.
The acquisition of ammunition by persons not holding an
authorisation to acquire arms shall be subject to the arrangements
governing the weapon for which the ammunition is intended. The
authorisation may be issued for a single category or for all categories
of ammunition.

The Contracting Parties undertake to adopt measures to ensure
2.
that, as a minimum requirement, all
firearms are permanently
marked with a serial number enabling identification and that they
carry the manufacturer’s mark.

The Contracting Parties shall require manufacturers and dealers
3.
to authorisation or
firearms
to keep a register of all
declaration; the register shall enable rapid identification of the type
and origin of the firearms and the persons acquiring them.

subject

As regards firearms subject to authorisation under Articles 79
4.
and 80,
the Contracting Parties undertake to adopt measures to
ensure that the serial number and the manufacturer’s mark on the
firearm are entered in the authorisation issued to its holder.

Article 89

The lists of firearms which are prohibited, subject to authorisation or
to declaration, may be amended or supplemented by the
subject
Executive Committee to take account of
technical and economic
developments and national security.

Article 90

The Contracting Parties may adopt more
provisions on the acquisition and possession of
ammunition.

stringent

laws and
firearms and

Article 86

Article 91

Parties

The Contracting

1.
adopt measures
prohibiting legitimate holders of firearms subject to authorisation or
declaration from handing such arms over to persons who do not hold
either an authorisation to acquire them or a declaration certificate.

undertake

to

2.
The Contracting Parties may authorise the temporary handing
over of such firearms in accordance with procedures that they shall
lay down.

Article 87

The Contracting Parties shall incorporate in their national law
1.
provisions enabling authorisation to be withdrawn from persons who
no longer satisfy the conditions for the issue of authorisations under
Article 83.

including the

The Contracting Parties undertake

to adopt appropriate
2.
firearms and withdrawal of
measures,
authorisations, and to lay down appropriate penalties
for any
infringements of the laws and regulations on firearms. Such penalties
may include the confiscation of firearms.

seizure of

1.
the
The Contracting Parties agree, on the basis of
European Convention on the Control of the Acquisition and
Possession of Firearms by Individuals of 28 June 1978, to set
up within the framework of their national laws an exchange of
information on the acquisition of
firearms by persons (cid:151)
whether private individuals or firearms dealers (cid:151) habitually
resident or established in the territory of another Contracting
Party. A firearms dealer shall mean any person whose trade or
in the retailing of
in whole or in part,
business consists,
firearms.

2.

The exchange of information shall concern:

(a) between two Contracting Parties having ratified the
Convention referred to in paragraph 1: the firearms listed
in Appendix 1(A)(1)(a) to (h) of the said Convention;

(b) between two Contracting Parties at least one of which has
not ratified the Convention referred to in paragraph 1:
firearms which are subject to authorisation or declaration
in each of the Contracting Parties.

Information on the acquisition of

3.
communicated without delay and shall include the following:

firearms

shall be

Article 88

1.
A person who holds an authorisation to acquire a firearm shall
not require an authorisation to acquire ammunition for that firearm.

(a)

the date of acquisition of the firearm and the identity of
the person acquiring it, i.e.:

(cid:151) in the case of a natural person: surname, forenames,
date and place of birth, address and passport or
identity card number, date of issue and details of the
issuing authority, whether firearms dealer or not,

42

EN

Official Journal of the European Communities

22.9.2000

(cid:151) in the case of a legal person: the name or business
and the
name
and registered place of business
surname, forenames, date and place of birth, address
and passport or identity card number of the person
authorised to represent the legal person;

4.
Each Contracting Party shall designate the national
authority responsible for sending and receiving the information
referred to in paragraphs 2 and 3 and shall
immediately
inform the other Contracting Parties of any change of
designated authority.

(b) the model, manufacturer’s number, calibre and other
the firearm in question and its serial

characteristics of
number.

5.
The authority designated by each Contracting Party may
forward the information it has received to the competent local
police authorities and the authorities responsible for border
surveillance,
for the purposes of preventing or prosecuting
criminal offences and infringements of rules of law.

TITLE IV

THE SCHENGEN INFORMATION SYSTEM

CHAPTER 1

ESTABLISHMENT OF THE SCHENGEN INFORMATION SYSTEM

Article 92

1.
The Contracting Parties shall set up and maintain a joint
information system, hereinafter referred to as (cid:145)the Schengen
Information System(cid:146), consisting of a national section in each of
the Contracting Parties and a technical support function. The
Schengen Information System shall enable the authorities
designated by the Contracting Parties, by means of an
automated search procedure,
to have access to alerts on
persons and property for the purposes of border checks and
other police and customs checks carried out within the
country in accordance with national law and, in the case of the
specific category of alerts referred to in Article 96, for the
purposes of
the
administration of legislation on aliens in the context of the
application of the provisions of this Convention relating to the
movement of persons.

residence permits

issuing

visas,

and

support

to the data files of

2.
Each Contracting Party shall set up and maintain, for its
own account and at its own risk, its national section of the
Schengen Information System, the data file of which shall be
made materially identical
the national
sections of each of the other Contracting Parties by means of
the technical
function. To ensure the rapid and
effective transmission of data as referred to in paragraph 3,
each Contracting Party shall observe, when setting up its
national section,
the protocols and procedures which the
Contracting Parties have jointly established for the technical
support
function. Each national section’s data file shall be
available for the purposes of carrying out automated searches
in the territory of each of the Contracting Parties. It shall not
be possible to search the data files of other Contracting Parties’
national sections.

3.
The Contracting Parties shall set up and maintain, on a
common cost basis and bearing joint liability, the technical
support function of the Schengen Information System. The
French Republic shall be responsible for the technical support
function, which shall be located in Strasbourg. The technical

the data files of

support function shall comprise a data file which will ensure
via on-line transmission that
the national
sections contain identical
information. The data files of the
technical support function shall contain alerts for persons and
property in so far as these concern all the Contracting Parties.
The data file of the technical support function shall contain no
data other than those referred to in this paragraph and in
Article 113(2).

CHAPTER 2

OPERATION AND USE OF THE SCHENGEN INFORMATION
SYSTEM

Article 93

The purpose of the Schengen Information System shall be in
accordance with this Convention to maintain public policy and
public security, including national security, in the territories of
the Contracting Parties and to apply the provisions of this
Convention relating to the movement of persons in those
territories, using information communicated via this system.

Article 94

1.
The Schengen Information System shall contain only
those categories of data which are supplied by each of the
Contracting Parties, as required for the purposes laid down in
Articles 95 to 100. The Contracting Party issuing an alert shall
determine whether the case is important enough to warrant
entry of the alert in the Schengen Information System.

2.

The categories of data shall be as follows:

(a) persons for whom an alert has been issued;

(b) objects referred to in Article 100 and vehicles referred to

in Article 99.

22.9.2000

EN

Official Journal of the European Communities

43

For persons, the information shall be no more than the

3.
following:

(a) surname and forenames, any aliases possibly entered

separately;

(b) any specific objective physical characteristics not subject to

change;

(c)

first letter of second forename;

(d) date and place of birth;

(e) sex;

(f) nationality;

(g) whether the persons concerned are armed;

(h) whether the persons concerned are violent;

(i)

reason for the alert;

(j) action to be taken.

Other information,
in particular the data listed in the first
sentence of Article 6 of the Council of Europe Convention for
the Protection of
Individuals with regard to Automatic
Processing of Personal Data of 28 January 1981, shall not be
authorised.

4. Where a Contracting Party considers that an alert
in
accordance with Articles 95, 97 or 99 is incompatible with its
national law, its international obligations or essential national
interests, it may subsequently add to the alert contained in the
data file of the national section of the Schengen Information
System a flag to the effect that the action to be taken on the
basis of the alert will not be taken in its territory. Consultation
must be held in this connection with the other Contracting
Parties.
the Contracting Party issuing the alert does not
withdraw the alert, it shall continue to apply in full for the
other Contracting Parties.

If

Article 95

Data on persons wanted for arrest

1.
purposes
authority of the requesting Contracting Party.

shall be entered at

the request of

for extradition
the judicial

The Contracting Party issuing the alert shall send the requested
Contracting Parties by the quickest means possible both the
alert and the following essential
information relating to the
case:

(a)

the authority which issued the request for arrest;

(b) whether there is an arrest warrant or other document
having the same legal effect, or an enforceable judgment;

(c)

the nature and legal classification of the offence;

(d) a description of the circumstances in which the offence
was committed, including the time, place and the degree of
participation in the offence by the person for whom the
alert has been issued;

(e)

in so far as is possible, the consequences of the offence.

3.
A requested Contracting Party may add to the alert in the
data file of its national section of the Schengen Information
System a flag prohibiting arrest on the basis of the alert until
the flag is deleted. The flag must be deleted no later than 24
hours after the alert has been entered, unless the Contracting
Party refuses to make the requested arrest on legal grounds or
for special reasons of expediency. In particularly exceptional
cases where this is justified by the complex nature of the facts
behind the alert, the above time limit may be extended to one
week. Without prejudice to a flag or a decision to refuse the
arrest,
the other Contracting Parties may make the arrest
requested in the alert.

If,

4.
for particularly urgent reasons, a Contracting Party
requests an immediate search, the requested Contracting Party
shall examine whether it is able to withdraw its flag. The
requested Contracting Party shall take the necessary steps to
the action to be taken can be carried out
ensure that
immediately if the alert is validated.

5.
If the arrest cannot be made because an investigation has
not been completed or because a requested Contracting Party
refuses, the latter must regard the alert as being an alert for the
purposes of communicating the place of residence of
the
person concerned.

6.
the
The requested Contracting Parties shall carry out
action as requested in the alert in accordance with extradition
Conventions in force and with national law. They shall not be
obliged to carry out the action requested where one of their
nationals is involved, without prejudice to the possibility of
making the arrest in accordance with national law.

2.
Before issuing an alert, the Contracting Party shall check
whether the arrest is authorised under the national law of the
requested Contracting Parties. If the Contracting Party issuing
the alert has any doubts, it must consult the other Contracting
Parties concerned.

Article 96

1.
Data on aliens for whom an alert has been issued for the
purposes of refusing entry shall be entered on the basis of a

44

EN

Official Journal of the European Communities

22.9.2000

national alert resulting from decisions taken by the competent
administrative authorities or courts in accordance with the
rules of procedure laid down by national law.

Article 99

Decisions may be based on a threat to public policy or
2.
public security or to national security which the presence of
an alien in national territory may pose.

This situation may arise in particular in the case of:

(a) an alien who has been convicted of an offence carrying a
penalty involving deprivation of liberty of at least one year;

(b) an alien in respect of whom there are serious grounds for
believing that he has committed serious criminal offences,
including those referred to in Article 71, or in respect of
whom there is clear evidence of an intention to commit
such offences in the territory of a Contracting Party.

3.
Decisions may also be based on the fact that the alien
has been subject to measures involving deportation, refusal of
entry or removal which have not been rescinded or suspended,
including or accompanied by a prohibition on entry or, where
applicable, a prohibition on residence, based on a failure to
comply with national regulations on the entry or residence of
aliens.

Article 97

the request of

Data on missing persons or persons who,
for their own
protection or in order to prevent threats, need temporarily to
the
be placed under police protection at
competent authority or the competent judicial authority of the
Party issuing the alert shall be entered, so that
the police
authorities may communicate their whereabouts to the Party
issuing the alert or may move the persons to a safe place in
if so
order to prevent them from continuing their journey,
authorised by national
law. This shall apply in particular to
minors and persons who must be interned following a decision
by a competent authority. The communication of data on a
missing person who is of age shall be subject to the person’s
consent.

Article 98

for acts

to account

1.
Data on witnesses, persons summoned to appear before
the judicial authorities in connection with criminal proceedings
for which they are being
in order
prosecuted, or persons who are to be served with a criminal
judgment or a summons to report in order to serve a penalty
involving deprivation of liberty shall be entered, at the request
of
for the purposes of
communicating their place of residence or domicile.

judicial authorities,

the competent

Data on persons or vehicles
law of

shall be
entered in
1.
accordance with the national
the Contracting Party
issuing the alert, for the purposes of discreet surveillance or of
specific checks in accordance with paragraph 5.

Such an alert may be issued for

2.
the purposes of
prosecuting criminal offences and for the prevention of threats
to public security:

(a) where there is clear evidence that the person concerned
is committing numerous and

intends
extremely serious criminal offences; or

to commit or

(b) where an overall assessment of the person concerned, in
particular on the basis of past criminal offences, gives
reason to suppose that
that person will also commit
extremely serious criminal offences in the future.

security, where there is clear evidence that

3.
In addition, the alert may be issued in accordance with
national law, at the request of the authorities responsible for
national
the
information referred to in paragraph 4 is necessary in order to
prevent a serious threat by the person concerned or other
serious threats to internal or external national security. The
Contracting Party issuing the alert shall be obliged to consult
the other Contracting Parties beforehand.

4.
For the purposes of discreet surveillance, all or some of
the following information may be collected and communicated
to the authority issuing the alert when border checks or other
police and customs checks are carried out within the country:

(a)

the fact that the person for whom or the vehicle for which
an alert has been issued has been found;

(b) the place, time or reason for the check;

(c)

the route and destination of the journey;

(d) persons accompanying the person concerned or occupants

of the vehicle;

(e)

the vehicle used;

(f) objects carried;

(g) the circumstances under which the person or the vehicle

was found.

Information requested shall be communicated to the
2.
requesting Party in accordance with national
law and the
Conventions in force on mutual assistance in criminal matters.

During the collection of this information steps must be taken
not to jeopardise the discreet nature of the surveillance.

22.9.2000

EN

Official Journal of the European Communities

45

5.
During the specific checks referred to in paragraph 1,
persons, vehicles and objects carried may be searched in
accordance with national law for the purposes referred to in
paragraphs 2 and 3. If the specific check is not authorised
under the law of a Contracting Party, it shall automatically be
replaced, for that Contracting Party, by discreet surveillance.

6.
A requested Contracting Party may add to the alert in the
data file of its national section of the Schengen Information
System a flag prohibiting, until the flag is deleted, performance
of the action to be taken on the basis of the alert for the
purposes of discreet surveillance or specific checks. The flag
must be deleted no later than 24 hours after the alert has been
entered unless the Contracting Party refuses to take the action
requested on legal grounds or
reasons of
expediency. Without prejudice to a flag or a refusal, the other
Contracting Parties may carry out the action requested in the
alert.

special

for

Article 100

Article 101

1.
Access to data entered in the Schengen Information
System and the right to search such data directly shall be
reserved exclusively to the authorities responsible for:

(a) border checks;

(b) other police and customs checks carried out within the

country, and the coordination of such checks.

2.
In addition, access to data entered in accordance with
Article 96 and the right to search such data directly may be
exercised by the authorities responsible for issuing visas, the
central authorities responsible for examining visa applications
and the authorities responsible for issuing residence permits
and for the administration of
legislation on aliens in the
context of the application of the provisions of this Convention
relating to the movement of persons. Access to data shall be
governed by the national law of each Contracting Party.

1.
Data on objects sought for the purposes of seizure or use
as evidence in criminal proceedings shall be entered in the
Schengen Information System.

Users may only search data which they require for the

3.
performance of their tasks.

2.
If a search brings to light an alert for an object which
has been found, the authority which matched the two items of
data shall contact the authority which issued the alert in order
to agree on the measures to be taken. For this purpose,
personal data may also be communicated in accordance with
this Convention. The measures to be taken by the Contracting
Party which found the object must be in accordance with its
national law.

Party

Each Contracting

4.
Executive
Committee a list of competent authorities which are authorised
to search the data contained in the Schengen Information
for each authority,
list shall specify,
System directly. That
which data it may search and for what purposes.

send

shall

the

CHAPTER 3

3.

The following categories of objects shall be entered:

PROTECTION OF PERSONAL DATA AND SECURITY OF DATA
IN THE SCHENGEN INFORMATION SYSTEM

(a) motor vehicles with a cylinder capacity exceeding 50 cc

which have been stolen, misappropriated or lost;

Article 102

(b) trailers and caravans with an unladen weight exceeding
750 kg which have been stolen, misappropriated or lost;

1.
The Contracting Parties may use the data provided for in
Articles 95 to 100 only for the purposes laid down for each
category of alert referred to in those Articles.

(c)

firearms which have been stolen, misappropriated or lost;

(d) blank official

documents which have

been stolen,

misappropriated or lost;

(e)

issued identity papers (passports,
licences) which have been stolen, misappropriated or lost;

identity cards, driving

(f) banknotes (suspect notes).

copied for

Data may only be

2.
technical purposes,
provided that such copying is necessary in order for the
authorities referred to in Article 101 to carry out a direct
search. Alerts issued by other Contracting Parties may not be
copied from the national section of the Schengen Information
System into other national data files.

3. With regard to the alerts laid down in Articles 95 to 100
of this Convention, any derogation from paragraph 1 in order
to change from one category of alert
to another must be
justified by the need to prevent an imminent serious threat to

46

EN

Official Journal of the European Communities

22.9.2000

public policy and public security, on serious grounds of
national security or for the purposes of preventing a serious
criminal offence. Prior authorisation from the Contracting
Party issuing the alert must be obtained for this purpose.

4.
Data may not be used for administrative purposes. By
way of derogation, data entered under Article 96 may be used
in accordance with the national law of each Contracting Party
for the purposes of Article 101(2) only.

5.
Any use of data which does not comply with paragraphs
1 to 4 shall be considered as misuse under the national law of
each Contracting Party.

Article 103

Each Contracting Party shall ensure that, on average, every
10th transmission of personal data is recorded in the national
section of the Schengen Information System by the data file
management authority for the purposes of checking whether
the search is admissible or not. The record may only be used
for this purpose and shall be deleted after six months.

Article 104

Alerts shall be governed by the national

1.
the
Contracting Party issuing the alert unless more stringent
conditions are laid down in this Convention.

law of

2.
In so far as this Convention does not lay down specific
provisions, the law of each Contracting Party shall apply to
the Schengen
data
Information System.

entered in its national

section of

In so far as this Convention does not lay down specific
3.
provisions concerning performance of the action requested in
the alert, the national law of the requested Contracting Party
performing the action shall apply. In so far as this Convention
lays down specific provisions concerning performance of the
action requested in the alert, responsibility for that action shall
be governed by the national law of the requested Contracting
Party.
the
requested Contracting Party shall
immediately inform the
Contracting Party issuing the alert.

the requested action cannot be performed,

If

Article 106

1.
Only the Contracting Party issuing the alert shall be
authorised to modify, add to, correct or delete data which it
has entered.

2.
If one of the Contracting Parties which has not issued the
alert has evidence suggesting that an item of data is factually
it shall advise the
incorrect or has been unlawfully stored,
Contracting Party issuing the alert thereof as soon as possible;
the latter shall be obliged to check the communication and, if
necessary, correct or delete the item in question immediately.

3.
If the Contracting Parties are unable to reach agreement,
the Contracting Party which did not issue the alert shall submit
the case to the joint supervisory authority referred to in Article
115(1) for its opinion.

Article 107

Where a person is already the subject of an alert
in the
Schengen Information System, a Contracting Party which
enters a further alert shall reach agreement on the entry of the
alert with the Contracting Party which entered the first alert.
The Contracting Parties may also lay down general provisions
to this end.

Article 108

1.
Each Contracting Party shall designate an authority which
shall have central responsibility for its national section of the
Schengen Information System.

Each Contracting Party shall

2.
authority.

issue its alerts via that

3.
The said authority shall be responsible for the smooth
operation of the national section of the Schengen Information
System and shall
to ensure
take the necessary measures
compliance with the provisions of this Convention.

The Contracting Parties shall inform one another, via the

4.
depositary, of the authority referred to in paragraph 1.

Article 105

Article 109

The Contracting Party issuing the alert shall be responsible for
ensuring that the data entered into the Schengen Information
System is accurate, up-to-date and lawful.

1.
The right of persons to have access to data entered in the
Schengen Information System which relate to them shall be
exercised in accordance with the law of the Contracting Party
before which they invoke that
law so
provides, the national supervisory authority provided for in

If national

right.

22.9.2000

EN

Official Journal of the European Communities

47

shall decide whether

Article 114(1)
information shall be
communicated and by what procedures. A Contracting Party
which has not issued the alert may communicate information
concerning such data only if
it has previously given the
Contracting Party issuing the alert an opportunity to state its
position.

2.
Communication of information to the data subject shall
be refused if this is indispensable for the performance of a
lawful task in connection with the alert or for the protection
of the rights and freedoms of third parties. In any event,
it
shall be refused throughout the period of validity of an alert
for the purpose of discreet surveillance.

Article 113

Data other than that referred to in Article 112 shall be
1.
kept
for a maximum of 10 years, data on issued identity
papers and suspect banknotes for a maximum of five years
and data on motor vehicles,
for a
maximum of three years.

trailers and caravans

Data which have been deleted shall be kept for one year
2.
in the technical support function. During that period they may
only be consulted for subsequent checking as to their accuracy
and as to whether the data were entered lawfully. Afterwards
they must be destroyed.

Article 110

Any person may have factually inaccurate data relating to
them corrected or unlawfully stored data relating to them
deleted.

Article 111

Any person may,

1.
in the territory of each Contracting
Party, bring before the courts or the authority competent
under national
law an action to correct, delete or obtain
information or to obtain compensation in connection with an
alert involving them.

2.
The Contracting Parties undertake mutually to enforce
final decisions taken by the courts or authorities referred to in
paragraph 1, without prejudice to the provisions of Article
116.

Article 112

1.
Personal data entered into the Schengen Information
System for the purposes of tracing persons shall be kept only
for the time required to meet the purposes for which they
were supplied. The Contracting Party which issued the alert
must review the need for continued storage of such data not
later than three years after they were entered. The period shall
be one year in the case of the alerts referred to in Article 99.

Each Contracting Party shall, where appropriate,
2.
shorter review periods in accordance with its national law.

set

The

support

technical

3.
Schengen
Information System shall automatically inform the Contracting
Parties of scheduled deletion of data from the system one
month in advance.

function of

the

The Contracting Party issuing the alert may, within the
4.
review period, decide to keep the alert should this prove
necessary for the purposes for which the alert was issued. Any
extension of the alert must be communicated to the technical
support function. The provisions of paragraph 1 shall apply to
the extended alert.

Article 114

Each Contracting Party shall designate a supervisory
1.
authority responsible in accordance with national
law for
carrying out independent supervision of the data file of the
national section of the Schengen Information System and for
checking that the processing and use of data entered in the
Schengen Information System does not violate the rights of the
data subject. For this purpose, the supervisory authority shall
have access to the data file of the national section of the
Schengen Information System.

2.
Any person shall have the right to ask the supervisory
authorities to check data entered in the Schengen Information
System which concern them and the use made of such data.
That right shall be governed by the national
the
Contracting Party to which the request is made. If the data
have been entered by another Contracting Party, the check
shall be carried out in close coordination with that Contracting
Party’s supervisory authority.

law of

Article 115

two representatives

from each national

1.
A joint supervisory authority shall be set up and shall be
responsible for supervising the technical support function of
the Schengen Information System. This authority shall consist
of
supervisory
authority. Each Contracting Party shall have one vote.
in accordance with the
Supervision shall be carried out
provisions of
the Council of Europe
this Convention,
the Protection of
Convention of 28 January 1981 for
Individuals with regard to the Automatic Processing of
Personal Data, taking into account Recommendation No R (87)
15 of 17 September 1987 of the Committee of Ministers of
the Council of Europe regulating the use of personal data in
the police sector, and in accordance with the national law of
the Contracting Party responsible for the technical support
function.

As

the

regards

technical

2.
the
Schengen Information System, the joint supervisory authority
shall have the task of checking that the provisions of this
Convention are properly implemented. For that purpose,
it
shall have access to the technical support function.

function of

support

48

EN

Official Journal of the European Communities

22.9.2000

3.
The joint supervisory authority shall also be responsible
for examining any difficulties of application or interpretation
that may arise during the operation of
the Schengen
Information System, for studying any problems that may occur
with the exercise of independent supervision by the national
supervisory authorities of the Contracting Parties or in the
exercise of the right of access to the system, and for drawing
up harmonised proposals
to existing
for
problems.

solutions

joint

(a) deny unauthorised persons

to data-processing
equipment used for processing personal data (equipment
access control);

access

(b) prevent the unauthorised reading, copying, modification or

removal of data media (data media control);

Reports drawn up by the joint supervisory authority shall
to which the national
submitted to the authorities

4.
be
supervisory authorities submit their reports.

(c) prevent

the

unauthorised

the
unauthorised inspection, modification or deletion of stored
personal data (storage control);

input

data

and

of

Article 116

(d) prevent

the use of automated data-processing systems
communication

by unauthorised persons using data
equipment (user control);

the national data file of

1.
Each Contracting Party shall be liable in accordance with
its national law for any injury caused to a person through the
use of
the Schengen Information
System. This
shall also apply to injury caused by the
Contracting Party which issued the alert, where the latter
entered factually inaccurate data or stored data unlawfully.

If

2.
the Contracting Party against which an action is
brought is not the Contracting Party issuing the alert, the latter
shall be required to reimburse, on request, the sums paid out
as compensation unless the data were used by the requested
Contracting Party in breach of this Convention.

Article 117

1.
As regards the automatic processing of personal data
communicated pursuant to this Title, each Contracting Party
shall, no later than the date of entry into force of
this
Convention, adopt the necessary national provisions in order
to achieve a level of protection of personal data at least equal
to that resulting from the principles laid down in the Council
of Europe Convention for the Protection of Individuals with
regard to Automatic Processing of Personal Data of 28 January
1981 and in accordance with Recommendation No R (87) 15
of 17 September 1987 of the Committee of Ministers of the
Council of Europe regulating the use of personal data in the
police sector.

2.
The communication of personal data provided for in this
Title may not take place until the provisions for the protection
of personal data as specified in paragraph 1 have entered into
force in the territories of the Contracting Parties involved in
such communication.

Article 118

(e) ensure that persons authorised to use an automated
to the data

data-processing system only have access
covered by their access authorisation (data access control);

(f) ensure that it is possible to verify and establish to which
bodies personal data may be transmitted using data
communication equipment (communication control);

(g) ensure that

it

is

subsequently possible to verify and
establish which personal data have been input
into
automated data-processing systems and when and by
whom the data were input (input control);

(h) prevent the unauthorised reading, copying, modification or
deletion of personal data during transfers of personal data
or during transportation of data media (transport control).

2.
Each Contracting Party must take special measures to
ensure the security of data while they are being communicated
to services located outside the territories of the Contracting
Parties. Such measures must be notified to the
joint
supervisory authority.

For the processing of data in its national section of the
3.
Schengen Information System each Contracting Party may
appoint only specially qualified persons who have undergone
security checks.

Each Contracting Party undertakes,

1.
in relation to its
national section of the Schengen Information System, to adopt
the necessary measures in order to:

The Contracting Party responsible for

4.
the technical
support function of the Schengen Information System shall
adopt the measures laid down in paragraphs 1 to 3 in respect
of that function.

22.9.2000

EN

Official Journal of the European Communities

49

CHAPTER 4

APPORTIONMENT OF THE COSTS OF THE SCHENGEN
INFORMATION SYSTEM

Article 119

borne jointly by the Contracting Parties. Each Contracting
Party’s share shall be determined on the basis of the rate for
each Contracting Party applied to the uniform basis of
assessment of value added tax within the meaning of Article
the European
2(1)(c) of
the
Communities of 24 June 1988 on the system of
Communities’ own resources.

the Decision of

the Council of

The costs of

1.
installing and operating the technical
support function referred to in Article 92(3), including the cost
the Schengen
of
Information System to the technical support function, shall be

lines connecting the national sections of

2.
The costs of installing and operating the national section
of the Schengen Information System shall be borne by each
Contracting Party individually.

TITLE V

TRANSPORT AND MOVEMENT OF GOODS

Article 120

The Contracting Parties shall

1.
their laws,
regulations or administrative provisions do not unjustifiably impede
the movement of goods at internal borders.

jointly ensure that

internal borders by carrying out

The Contracting Parties shall facilitate the movement of goods
2.
across
relating to
prohibitions and restrictions when goods are cleared through customs
for home use. Such customs clearance may, at the discretion of the
Party concerned, be conducted either within the country or at the
internal borders. The Contracting Parties shall endeavour to encourage
customs clearance within the country.

formalities

In so far as it is not possible in certain fields to achieve the
3.
simplifications referred to in paragraph 2 in whole or in part, the
Contracting Parties shall endeavour either to create the conditions
therefor amongst themselves or to do so within the framework of the
European Communities.

transport,

This paragraph shall apply in particular to monitoring compliance
with rules on commercial transport permits, roadworthiness of means
of
inspections and animal health checks,
veterinary checks on health and hygiene, including meat inspections,
plant health inspections and monitoring the
transportation of
dangerous goods and hazardous waste.

veterinary

shall

endeavour

The Contracting Parties

harmonise
4.
formalities governing the movement of goods across external borders
and to monitor compliance therewith according to uniform principles.
The Contracting Parties shall,
to this end, work closely together
within the Executive Committee in the framework of the European
Communities and other international forums.

to

to which

The Executive Committee shall adopt the list of plants and plant
products
first
simplification
subparagraph shall apply. It may amend this list and shall fix the
date of entry into force for such amendments. The Contracting Parties
shall inform each other of the measures taken.

specified

the

the

in

Should there be a danger of harmful organisms being
2.
the
introduced or propagated, a Contracting Party may request
laid down in
temporary reinstatement of
the
Community law and may implement
shall
It
immediately inform the other Contracting Parties thereof in writing,
giving the reasons for its decision.

control measures

those measures.

Plant health certificates may continue

3.
certificate required under the law on the protection of species.

to be used as

the

The competent authority shall, upon request,

4.
issue a plant
health certificate when a consignment is intended in whole or in part
for re-export in so far as plant health requirements are met for the
plants or plant products concerned.

Article 122

1.
The Contracting Parties shall step up their cooperation with a
view to ensuring the safe transportation of hazardous goods and
undertake to harmonise their national provisions adopted pursuant to
international Conventions
they undertake,
particularly with a view to maintaining the existing level of safety, to:

In addition,

in force.

(a) harmonise

their

requirements with regard to the vocational

qualifications of drivers;

Article 121

(b) harmonise

intensity of
conducted during transportation and within undertakings;

the procedures

for and the

checks

In accordance with Community law,

1.
the Contracting Parties
shall waive, for certain types of plant and plant products, the plant
health inspections and presentation of plant health certificates
required under Community law.

(c) harmonise the classification of offences and the legal provisions

concerning the relevant penalties;

50

EN

Official Journal of the European Communities

22.9.2000

(d) ensure a permanent exchange of information and experience with
regard to the measures implemented and the checks carried out.

2.
The Contracting Parties shall step up their cooperation with
a view to conducting checks on transfers of hazardous and
non-hazardous waste across internal borders.

amendment

they shall endeavour

of Community Directives

to adopt a common position
To this end,
the
the
regarding
monitoring and management of
transfers of hazardous waste and
regarding the introduction of Community acts on non-hazardous
waste, with the aim of setting up an adequate infrastructure for its
disposal and of introducing waste disposal standards harmonised at a
high level.

on

rules on non-hazardous waste,

Pending Community
checks on
transfers of such waste shall be conducted on the basis of a special
the point of
transfers may be
procedure whereby
destination during clearance procedures.

checked at

2. With regard to products other than the strategic industrial
products and technologies referred to in paragraph 1, the Contracting
Parties shall endeavour, on the one hand, to have export formalities
carried out within the country and, on the other, to harmonise their
control procedures.

In pursuit of the objectives set out in paragraphs 1 and 2, the

3.
Contracting Parties shall consult the other partners concerned.

Article 124

The number and intensity of checks on goods carried by travellers
when crossing internal borders shall be reduced to the lowest level
possible. Further reductions in and the final abolition of such checks
will depend on the gradual increase in travellers’ duty-free allowances
and on future developments in the rules applicable to the cross-border
movement of travellers.

second sentence of paragraph 1 shall also apply to this

The
paragraph.

Article 125

Article 123

The Contracting Parties shall conclude arrangements on the

1.
secondment of liaison officers from their customs administrations.

1.
The Contracting Parties undertake to consult each other for the
purposes of abolishing among themselves the current requirement to
produce a licence for the export of strategic industrial products and
technologies, and to replace such a licence, if necessary, by a flexible
procedure in cases where the countries of first and final destination
are Contracting Parties.

The secondment of

2.
shall have the general
liaison officers
purposes of promoting and accelerating cooperation between the
Contracting Parties,
in particular under existing Conventions and
Community acts on mutual assistance.

to such consultations, and in order

the
Subject
effectiveness of such checks as may prove necessary, the Contracting
Parties
coordinating
mechanism, endeavour to exchange relevant information, while taking
account of national law.

to guarantee

through a

cooperating

closely

shall,

by

liaison officers shall be to advise and to provide
The task of
3.
assistance. They
customs
shall
be
administration measures on their own initiative. They shall provide
information and shall perform their duties in accordance with the
instructions given to them by the seconding Contracting Party.

authorised

take

not

to

TITLE VI

PROTECTION OF PERSONAL DATA

Article 126

1.
As regards the automatic processing of personal data
communicated pursuant to this Convention, each Contracting
Party shall, no later than the date of entry into force of this
Convention, adopt the necessary national provisions in order
to achieve a level of protection of personal data at least equal
to that resulting from the Council of Europe Convention for
the Protection of
Individuals with regard to Automatic
Processing of Personal Data of 28 January 1981.

2.
The communication of personal data provided for in this
Convention may not take place until the provisions for the
protection of personal data as specified in paragraph 1 have
entered into force in the territories of the Contracting Parties
involved in such communication.

3.
In addition, the following provisions shall apply to the
automatic processing of personal data communicated pursuant
to this Convention:

(a) such data may be used by the recipient Contracting Party
for which this Convention

the purposes

solely for

22.9.2000

EN

Official Journal of the European Communities

51

stipulates that they may be communicated; such data may
be used for other purposes only with the prior
authorisation of the Contracting Party communicating the
data and in accordance with the law of
the recipient
Contracting Party; such authorisation may be granted in so
Party
law of
far
communicating the data so permits;

the Contracting

the national

as

(b) such data may be used only by the judicial authorities and
the departments and authorities carrying out
tasks or
performing duties in connection with the purposes referred
to in paragraph (a);

(c)

the Contracting Party communicating such data shall be
obliged to ensure the accuracy thereof; should it establish,
either on its own initiative or further to a request by the
that data have been provided that are
data subject,
inaccurate or should not have been communicated, the
recipient Contracting Party or Parties must be immediately
informed thereof; the latter Party or Parties shall be obliged
to correct or destroy the data, or to indicate that the data
are inaccurate or were unlawfully communicated;

(d) a Contracting

that

another
Party may not plead
Contracting Party communicated inaccurate data, in order
to avoid its liability under its national
law vis-(cid:224)-vis an
injured party; if damages are awarded against the recipient
inaccurate
Contracting Party because of
Party which
communicated
communicated the data shall refund in full to the recipient
Contracting Party the amount paid in damages;

its use of

Contracting

data,

the

(e)

the transmission and receipt of personal data must be
recorded both in the source data file and in the data file in
which they are entered;

(f)

the joint supervisory authority referred to in Article 115
may, at
the Contracting Parties,
deliver an opinion on the difficulties of implementing and
interpreting this Article.

the request of one of

4.
This Article shall not apply to the communication of
data provided for under Chapter 7 of Title II and Title IV.
Paragraph 3 shall not apply to the communication of data
provided for under Chapters 2 to 5 of Title III.

2. Where,
in cases other than those governed by Article
this Article, personal data are
126(1), or paragraph 1 of
communicated to another Contracting Party pursuant to this
Convention, Article
of
126(3), with
subparagraph (e), shall apply. The following provisions shall
also apply:

exception

the

(a) a written record shall be kept of the transmission and
receipt of personal data; this obligation shall not apply
where such a record is not necessary given the use of the
data, in particular if they are not used or are used only
very briefly;

(b) the recipient Contracting Party shall ensure, in the use of
communicated data, a level of protection at least equal to
that laid down in its national
law for the use of similar
data;

(c)

decision concerning whether
the data subject

and under what
the
request, be
conditions
provided information concerning
communicated data
relating to him shall be governed by the national law of
the Contracting Party to which the request was addressed.

shall, at his

3.
This Article shall not apply to the communication of
data provided for under Chapter 7 of Title II, Chapters 2 to 5
of Title III, and Title IV.

Article 128

1.
The communication of personal data provided for by this
Convention may not take place until the Contracting Parties
involved in that communication have instructed a national
the
supervisory authority to monitor
processing of personal data in data files complies with Articles
126 and 127 and
their
the provisions
implementation.

independently that

adopted

for

2. Where the Contracting Party has, in accordance with its
instructed a supervisory authority to monitor
national
law,
independently,
in one or more areas, compliance with the
provisions on the protection of personal data not entered in a
data file,
the same
authority to supervise compliance with the provisions of this
Title in the areas concerned.

that Contracting Party shall

instruct

3.
This Article shall not apply to the communication of
data provided for under Chapter 7 of Title II and Chapters 2 to
5 of Title III.

Article 127

Article 129

Party pursuant

1. Where personal data are communicated to another
Contracting
this
Convention, Article 126 shall apply to the communication of
the data from a non-automated data file and to their inclusion
in another non-automated data file.

to the provisions of

As regards the communication of personal data pursuant to
Chapter 1 of Title III,
the Contracting Parties undertake,
without prejudice to Articles 126 and 127, to achieve a level
of protection of personal data which complies with the
principles of Recommendation No R (87) 15 of 17 September
1987 of the Committee of Ministers of the Council of Europe

52

EN

Official Journal of the European Communities

22.9.2000

regulating the use of personal data in the police sector.
In
addition, as regards the communication of data pursuant to
Article 46, the following provisions shall apply:

(c)

the recipient Contracting Party shall, upon request, inform
the Contracting Party which provided the data of the use
made of the data and the results thus obtained.

(a)

the data may be used by the recipient Contracting Party
solely for the purposes indicated by the Contracting Party
which provided the data and in compliance with the
conditions laid down by that Contracting Party;

Article 130

(b) the data may be communicated to police forces and
authorities only; data may not be communicated to other
authorities without
the
Contracting Party which provided them;

authorisation of

the prior

If personal data are communicated via a liaison officer as
referred to in Article 47 or Article 125, the provisions of this
title shall not apply unless the liaison officer communicates
such data to the Contracting Party which seconded the officer
to the territory of the other Contracting Party.

TITLE VII

EXECUTIVE COMMITTEE

Article 131

An Executive Committee shall be set up for the purposes of

1.
implementing this Convention.

2. Without prejudice to the special powers conferred upon it by
this Convention, the overall task of the Executive Committee shall be
to ensure that this Convention is implemented correctly.

Article 132

Each Contracting Party shall have one seat on the Executive
1.
Committee. The Contracting Parties
shall be represented on the
Committee by a Minister responsible for the implementation of this
Convention; that Minister may, if necessary, be assisted by experts,
who may participate in the deliberations.

2.
The Executive Committee shall take its decisions unanimously.
It shall draw up its own rules of procedure; in this connection it may
provide for a written decision-making procedure.

3.
At the request of the representative of a Contracting Party, the
final decision on a draft on which the Executive Committee has acted
may be postponed for no more than two months from the date of
submission of that draft.

4.
The Executive Committee may set up working parties composed
of representatives of the administrations of the Contracting Parties in
order to prepare decisions or to carry out other tasks.

Article 133

The Executive Committee
each
shall meet
Contracting Party in turn. It shall meet as often as is necessary for it
to discharge its duties properly.

territory of

in the

TITLE VIII

FINAL PROVISIONS

Article 134

Article 136

The provisions of this Convention shall apply only in so far as they
are compatible with Community law.

Article 135

A Contracting

conducting
Party which
1.
negotiations on border checks with a third State shall inform
the other Contracting Parties thereof in good time.

envisages

this Convention shall apply subject

to the
The provisions of
provisions of
the Geneva Convention relating to the Status of
Refugees of 28 July 1951, as amended by the New York Protocol of
31 January 1967.

2.
No Contracting Party shall conclude with one or more
third States agreements simplifying or abolishing border checks
without the prior agreement of the other Contracting Parties,
subject to the right of the Member States of the European
Communities to conclude such agreements jointly.

22.9.2000

EN

Official Journal of the European Communities

53

3.
Paragraph 2 shall not apply to agreements on local
border traffic in so far as those agreements comply with the
exceptions and arrangements adopted under Article 3(1).

Article 137

This Convention shall not be the subject of any reservations, save for
those referred to in Article 60.

Article 138

regards

the French Republic,

As
this
Convention shall apply only to the European territory of the
French Republic.

the provisions of

2.
Such an agreement shall be subject to ratification, acceptance
or approval by the acceding State and by each of the Contracting
Parties. It shall enter into force on the first day of the second month
following the deposit of
ratification,
acceptance or approval.

instrument of

final

the

Article 141

to the other Contracting Parties. At

Any Contracting Party may submit

1.
to the depositary a
proposal to amend this Convention. The depositary shall forward that
the request of one
proposal
Contracting Party,
the
re-examine
provisions of the Convention if, in their opinion, there has been a
fundamental change in the conditions obtaining when the Convention
entered into force.

the Contracting Parties

shall

As regards the Kingdom of the Netherlands, the provisions of
the
this Convention shall apply only to the territory of
Kingdom in Europe.

Article 139

1.
This Convention shall be subject to ratification, acceptance or
approval. The instruments of ratification, acceptance or approval shall
be deposited with the Government of
the Grand Duchy of
Luxembourg, which shall notify all the Contracting Parties thereof.

This Convention shall enter into force on the first day of the
2.
second month following the deposit of
instrument of
ratification, acceptance or approval. The provisions concerning the
setting up, activities and powers of the Executive Committee shall
this Convention. The other
apply as from the entry into force of
provisions shall apply as from the first day of
the third month
following the entry into force of this Convention.

the final

The Government of

3.
notify all the Contracting Parties of the date of entry into force.

the Grand Duchy of Luxembourg shall

Article 140

1.
Any Member State of the European Communities may become
a Party to this Convention. Accession shall be the subject of an
agreement between that State and the Contracting Parties.

2.
The Contracting Parties
Convention by common consent.

shall adopt amendments

to this

3.
the
Amendments shall enter into force on the first day of
second month following the date of deposit of the final instrument of
ratification, acceptance or approval.

Article 142

1. When Conventions are concluded between the Member States of
the European Communities with a view to the completion of an area
without internal frontiers, the Contracting Parties shall agree on the
conditions under which the provisions of this Convention are to be
replaced or amended in the light of the corresponding provisions of
such Conventions.

The Contracting Parties shall, to that end, take account of the fact
that the provisions of this Convention may provide for more extensive
cooperation than that
the said
Conventions.

resulting from the provisions of

Provisions which conflict with those agreed between the Member
States of the European Communities shall in any case be adapted.

2.
Amendments to this Convention which are deemed necessary by
the Contracting Parties shall be subject to ratification, acceptance or
approval. The provision contained in Article 141(3) shall apply on
the amendments will not enter into force
the understanding that
the
before the said Conventions between the Member States of
European Communities enter into force.

54

EN

Official Journal of the European Communities

22.9.2000

In witness whereof, the undersigned, duly empowered to this effect, have hereunto set their hands.

Done at Schengen, this nineteenth day of June in the year one thousand nine hundred and ninety, in a
single original in the Dutch, French and German languages, all three texts being equally authentic, such
original remaining deposited in the archives of the Government of the Grand Duchy of Luxembourg,
which shall transmit a certified copy to each of the Contracting Parties.

For the Government of the Kingdom of Belgium

For the Government of the Federal Republic of Germany

For the Government of’ the French Republic

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

22.9.2000

EN

Official Journal of the European Communities

55

FINAL ACT

At the time of signing the Convention implementing the Schengen Agreement of 14 June 1985 between
the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the
French Republic on the gradual abolition of checks at their common borders, the Contracting Parties have
adopted the following declarations:

1.

Joint Declaration on Article 139

The Signatory States shall, prior to the entry into force of the Convention, inform each other of all
circumstances that could have a significant bearing on the areas covered by this Convention and the
bringing into force thereof.

The Convention shall not be brought into force until the preconditions for its implementation have
been fulfilled in the Signatory States and checks at external borders are effective.

2.

Joint Declaration on Article 4

The Contracting Parties undertake to make every effort to comply simultaneously with this deadline and to
preclude any shortcomings in security. Before 31 December 1992, the Executive Committee shall examine what
progress has been made. The Kingdom of the Netherlands stresses that difficulties in meeting the deadline in a
particular airport cannot be excluded but that this will not give rise to any shortcomings in security. The other
Contracting Parties will take account of this situation although this may not be allowed to entail difficulties for
the internal market.

In the event of difficulties,
implementation of these measures at airports.

the Executive Committee shall examine how best

to achieve the simultaneous

3.

Joint Declaration on Article 71(2)

In so far as a Contracting Party departs from the principle referred to in Article 71(2) in connection
with its national policy on the prevention and treatment of addiction to narcotic drugs and
psychotropic substances, all Contracting Parties shall adopt the necessary administrative measures and
penal measures to prevent and punish the illicit import and export of such products and substances,
particularly towards the territories of the other Contracting Parties.

4.

Joint Declaration on Article 121

In accordance with Community law,
the Contracting Parties shall waive the plant health inspections and
presentation of plant health certificates required under Community law for the types of plant and plant products:

(a)

listed under 1, or

(b)

listed under 2 to 6 and originating in one of the Contracting Parties:

(1) Cut flowers and parts of plants suitable for ornamental purposes of:

Castanea

Chrysanthemum

Dendranthema

Dianthus

Gladiolus

56

EN

Official Journal of the European Communities

22.9.2000

Gypsophila

Prunus

Quercus

Rosa

Salix

Syringa

Vitis.

(2) Fresh fruit of:

Citrus

Cydonia

Malus

Prunus

Pyrus.

(3) Wood of:

Castanea

Quercus.

(4) Growing medium constituted wholly or in part of earth or solid organic matter such as parts of plants,

turf and bark with humus, but not constituted entirely of turf.

(5) Seeds.

(6) Live plants listed below and appearing under the CN codes listed below in the Customs Nomenclature

published in the Official Journal of the European Communities of 7 September 1987.

CN code

0601 20 30

Description

Bulbs, onions, tubers, tuberous roots and rhizomes, in growth or in flower: orchids, hyacinths,
narcissi and tulips

0601 20 90

Bulbs, onions, tubers, tuberous roots and rhizomes, in growth or in flower: other

0602 30 10

Rhododendron simsii (Azalea indica)

0602 99 51

Outdoor plants: perennial plants

0602 99 59

Outdoor plants: other

0602 99 91

Indoor plants: flowering plants with buds or flowers, excluding cacti

0602 99 99

Indoor plants: other

5.

Joint Declaration on national asylum policies

The Contracting Parties shall draw up an inventory of national asylum policies with a view to the harmonisation
thereof.

6.

Joint Declaration on Article 132

The Contracting Parties shall inform their national Parliaments of the implementation of this Convention.

22.9.2000

EN

Official Journal of the European Communities

57

Done at Schengen, this nineteenth day of June in the year one thousand nine hundred and ninety, in a
single original, in the Dutch, French and German languages, all three texts being equally authentic, such
original remaining deposited in the archives of the Government of the Grand Duchy of Luxembourg,
which shall transmit a certified copy to each of the Contracting Parties.

For the Government of the Kingdom of Belgium

For the Government of the Federal Republic of Germany

For the Government of the French Republic

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

58

EN

Official Journal of the European Communities

22.9.2000

MINUTES

the States of

Further to the Final Act of the Convention implementing the Schengen Agreement of 14 June 1985 between the
the Benelux Economic Union, the Federal Republic of Germany and the French
Governments of
Republic on the gradual abolition of checks at their common borders, the Contracting Parties have adopted the
following joint statement and taken note of
the said
Convention:

the following unilateral declarations made in respect of

I. Declaration on the scope of the Convention

The Contracting Parties note that, after the unification of the two German States, the scope of the Convention
shall under international law also extend to the current territory of the German Democratic Republic.

II. Declarations by the Federal Republic of Germany on the interpretation of the Convention

1. The Convention has been concluded in the light of the prospective unification of the two German States.

The German Democratic Republic is not a foreign country in relation to the Federal Republic of Germany.

Article 136 shall not apply in relations between the Federal Republic of Germany and the German
Democratic Republic.

2. This Convention shall be without prejudice to the arrangements agreed in the Germano-Austrian exchange
of letters of 20 August 1984 simplifying checks at their common borders for nationals of both States. Such
arrangements will however have to be implemented in the light of the overriding security and immigration
in practice be restricted to
requirements of the Schengen Contracting Parties so that such facilities will
Austrian nationals.

III. Declaration by the Kingdom of Belgium on Article 67

The procedure which will be implemented internally for the transfer of the enforcement of
foreign criminal
judgments will not be that specified under Belgian law for the transfer of sentenced persons between States, but
rather a special procedure which will be determined when this Convention is ratified.

in a single
Done at Schengen, this nineteenth day of June in the year one thousand nine hundred and ninety,
original,
three texts being equally authentic, such original
remaining deposited in the archives of the Government of the Grand Duchy of Luxembourg, which shall transmit a
certified copy to each of the Contracting Parties.

in the Dutch, French and German languages, all

For the Government of the Kingdom of Belgium

22.9.2000

EN

Official Journal of the European Communities

59

For the Government of the Federal Republic of Germany

For the Government of the French Republic

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

60

EN

Official Journal of the European Communities

22.9.2000

BY THE MINISTERS AND STATE SECRETARIES MEETING IN SCHENGEN ON 19 JUNE 1990

JOINT DECLARATION

The Governments of
particular in the following areas:

the Contracting Parties to the Schengen Agreement will open or continue discussions in

(cid:151) improving and simplifying extradition practices,

(cid:151) improving cooperation on bringing proceedings against road traffic offences,

(cid:151) arrangements for the mutual recognition of disqualifications from driving motor vehicles,

(cid:151) possibilities of reciprocal enforcement of fines,

(cid:151) introduction of rules on reciprocal transfers of criminal proceedings including the possibility of transferring the

accused person to that person’s country of origin,

(cid:151) introduction of rules on the repatriation of minors who have been unlawfully removed from the authority of the

person responsible for exercising parental authority,

(cid:151) further simplification of checks on commercial movements of goods.

in a single
Done at Schengen, this nineteenth day of June in the year one thousand nine hundred and ninety,
original,
three texts being equally authentic, such original
remaining deposited in the archives of the Government of the Grand Duchy of Luxembourg, which shall transmit a
certified copy to each of the Contracting Parties.

in the Dutch, French and German languages, all

For the Government of the Kingdom of Belgium

For the Government of the Federal Republic of Germany

22.9.2000

EN

Official Journal of the European Communities

61

For the Government of the French Republic

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

62

EN

Official Journal of the European Communities

22.9.2000

DECLARATION BY THE MINISTERS AND STATE SECRETARIES

On 19 June 1990 representatives of the Governments of the Kingdom of Belgium, the Federal Republic of Germany,
the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands signed at Schengen, in
the Grand Duchy of Luxembourg, the Convention implementing the Schengen Agreement of 14 June 1985 between
the Governments of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the
gradual abolition of checks at their common borders.

At the time of signing that Convention, they adopted the following declarations:

(cid:151) The Contracting Parties consider that the Convention constitutes an important step towards creating an area
without internal borders and take it as a basis for further activities amongst the Member States of the European
Communities.

(cid:151) In view of the risks in the fields of security and illegal immigration, the Ministers and State Secretaries underline
the need for effective external border controls in accordance with the uniform principles laid down in Article 6.
With a view to implementing those uniform principles, the Contracting Parties must, in particular, promote the
harmonisation of working methods for border control and surveillance.

Moreover, the Executive Committee will examine all relevant measures with a view to establishing uniform and
effective external border controls and the practical implementation thereof. Such measures will include measures
making it possible to ascertain the circumstances under which a third-country national has entered the territories
of the Contracting Parties, application of the same procedures for refusing entry, the drafting of a common
manual for the officials responsible for border surveillance and encouragement of an equivalent level of external
border control by means of exchanges and joint working visits.

At the time of signing that Convention, they also confirmed the Central Negotiating Group’s decision to set up a
working party with the following mandate:

(cid:151) to inform the Central Negotiating Group before the entry into force of the Convention of all circumstances that
have a significant bearing on the areas covered by the Convention and on its entry into force, in particular the
progress achieved in harmonising legal provisions in connection with the unification of the two German States,

(cid:151) to consult each other on any impact
implementation of the Convention,

that

that harmonisation and those circumstances may have on the

(cid:151) with a view to the movement of aliens exempt from the visa requirement, to devise practical measures and put
forward proposals before the entry into force of the Convention for harmonising procedures for carrying out
controls on persons at the future external borders.

22.9.2000

EN

Official Journal of the European Communities

63

AGREEMENT ON THE ACCESSION OF THE ITALIAN REPUBLIC

to the Convention implementing the Schengen Agreement of 14 June 1985 between the
Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and
the French Republic on the gradual abolition of checks at their common borders signed at
Schengen on 19 June 1990

The KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC, the GRAND DUCHY
OF LUXEMBOURG and THE KINGDOM OF THE NETHERLANDS, Parties to the Convention implementing the
Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the
Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders
signed at Schengen on 19 June 1990, hereinafter referred to as (cid:145)the 1990 Convention(cid:146), of the one part,

and the ITALIAN REPUBLIC, of the other part,

Having regard to the signature done at Paris on this twenty-seventh day of November in the year one thousand nine
hundred and ninety of the Protocol on the Accession of the Government of the Italian Republic to the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders,

On the basis of Article 140 of the 1990 Convention,

HAVE AGREED AS FOLLOWS:

Article 1

The Italian Republic hereby accedes to the 1990 Convention.

Article 2

The officers referred to in Article 40(4) of

1.
the 1990
Convention as regards the Italian Republic shall be: criminal
police officers of the Polizia di Stato (national police) and to the
to their powers
Arma dei Carabinieri, and, with respect
regarding forgery of money, the illicit trafficking in narcotic
drugs and psychotropic substances,
trafficking in arms and
explosives, and the illicit transportation of toxic and hazardous
waste, criminal police officers of the Guardia di Finanza (fiscal
police), as well as customs officials, under the conditions laid
down in appropriate bilateral agreements referred to in Article
40(6) of the 1990 Convention, with respect to their powers
regarding
and
the
trafficking in arms and explosives,
psychotropic substances,
and the illicit transportation of toxic and hazardous waste.

in narcotic

trafficking

drugs

illicit

police officers of the Polizia di Stato (national police) and the
Arma dei Carabinieri, and, with respect
to their powers
regarding forgery of money, the illicit trafficking in narcotic
trafficking in arms and
drugs and psychotropic substances,
explosives, and the illicit transportation of toxic and hazardous
waste, criminal police officers of the Guardia di Finanza (fiscal
police), as well as customs officers, under the conditions laid
down in appropriate bilateral agreements referred to in Article
41(10) of the 1990 Convention, with respect to their powers
regarding
and
the
psychotropic substances,
trafficking in arms and explosives,
and the illicit transportation of toxic and hazardous waste.

in narcotic

trafficking

drugs

illicit

2.
At the time of signing this Agreement, the Government
of the French Republic and the Government of the Italian
Republic shall each make a declaration defining, on the basis
the
of Article 41(2),
procedures for carrying out hot pursuit on their territory.

the 1990 Convention,

(3) and (4) of

Article 4

2.
The authority referred to in Article 40(5) of the 1990
the Italian Republic shall be the
Convention as
Direzione Centrale della Polizia Criminale (Central Directorate of
the Criminal Police) at the Ministry of the Interior.

regards

The competent Ministry referred to in Article 65(2) of the
1990 Convention as regards the Italian Republic shall be the
Ministry of Justice.

Article 3

Article 5

The officers referred to in Article 41(7) of

1.
the 1990
Convention as regards the Italian Republic shall be: criminal

1.
This Agreement shall be subject to ratification, acceptance or
approval. The instruments of ratification, acceptance or approval shall

64

EN

Official Journal of the European Communities

22.9.2000

be deposited with the Government of
Luxembourg, which shall notify all the Contracting Parties thereof.

the Grand Duchy of

Article 6

This Agreement shall enter into force on the first day of the
2.
second month following the deposit of
instrument of
ratification, acceptance or approval, and at the earliest on the date on
which the 1990 Convention enters into force.

last

the

The Government of

3.
notify each of the Contracting Parties of the date of entry into force.

the Grand Duchy of Luxembourg shall

The Government of

1.
the Grand Duchy of Luxembourg shall
transmit to the Government of the Italian Republic a certified copy of
the 1990 Convention in the Dutch, French and German languages.

The text of

2.
the 1990 Convention drawn up in the Italian
language is annexed to this Agreement and shall be authentic under
the same conditions as the original texts of the 1990 Convention
drawn up in the Dutch, French and German languages.

In witness whereof, the undersigned, duly authorised to this effect, have signed this Agreement.

Done at Paris this twenty-seventh day of November in the year one thousand nine hundred and ninety in
four texts being equally
a single original
authentic, such original remaining deposited in the archives of the Government of the Grand Duchy of
Luxembourg, which shall transmit a certified copy to each of the Contracting Parties.

in the Dutch, French, German and Italian languages, all

For the Government of the Kingdom of Belgium

For the Government of the Federal Republic of Germany

For the Government of the French Republic

For the Government of the Italian Republic

22.9.2000

EN

Official Journal of the European Communities

65

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

66

EN

Official Journal of the European Communities

22.9.2000

FINAL ACT

I. At the time of signing the Agreement on the Accession of the Italian Republic to the Convention implementing
the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic
Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their
common borders signed at Schengen on 19 June 1990, the Italian Republic has subscribed to the Final Act, the
Minutes and the Joint Declaration of the Ministers and State Secretaries which were signed at the same time as
the 1990 Convention.

The Italian Republic has subscribed to the Joint Declarations and has taken note of the unilateral Declarations
contained therein.

The Government of the Grand Duchy of Luxembourg shall transmit to the Government of the Italian Republic a
certified copy of the Final Act, the Minutes and the Joint Declaration of the Ministers and State Secretaries
which were signed at the time of signing the 1990 Convention, in the Dutch, French and German languages.

The texts of the Final Act, the Minutes and the Joint Declaration of the Ministers and State Secretaries which
were signed at the time of signing the 1990 Convention, drawn up in the Italian language, are annexed to this
Final Act and shall be authentic under the same conditions as the original texts drawn up in the Dutch, French
and German languages.

II. At the time of signing the Agreement on the Accession of the Italian Republic to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of
the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the
gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, the
Contracting Parties have adopted the following Declarations:

1.

Joint Declaration on Article 5 of the Accession Agreement

The Signatory States shall, prior to the entry into force of the Accession Agreement, inform each
other of all circumstances that could have a significant bearing on the areas covered by the 1990
Convention and on the bringing into force of the Accession Agreement.

This Accession Agreement
for
implementation of the 1990 Convention have been fulfilled in all the Signatory States to the
Accession Agreement and checks at the external borders are effective.

shall not be brought

the preconditions

into force until

2.

Joint Declaration on Article 9(2) of the 1990 Convention

The Contracting Parties specify that at the time of signing the Agreement on the Accession of the Italian
Republic to the 1990 Convention, the common visa arrangements referred to in Article 9(2) of the 1990
Convention shall be taken to mean the common arrangements applied by the five Signatory Parties to the
said Convention since 19 June 1990.

3.

Joint Declaration on data protection

The Contracting Parties note that the Government of the Italian Republic undertakes to take all
the necessary steps before the ratification of the Agreement on Accession to the 1990 Convention
to ensure that Italian legislation is supplemented in accordance with the Council of Europe
Convention for the Protection of Individuals with regard to the Automatic Processing of Personal
Data of 28 January 1981 and in accordance with Recommendation No R (87) 15 of 17
September 1987 of the Committee of the Ministers of the Council of Europe regulating the use of
personal data in the police sector so as to ensure the full application of the provisions of Articles
117 and 126 of the 1990 Convention and the other provisions of said Convention relating to the
protection of personal data, with the aim of achieving a level of protection compatible with the
relevant provisions of the 1990 Convention.

22.9.2000

EN

Official Journal of the European Communities

67

Done at Paris this twenty-seventh day of November in the year one thousand nine hundred and ninety in
a single original in the Dutch, French, German and Italian languages, all four texts being equally authentic,
such original remaining deposited in the archives of the Government of the Grand Duchy of Luxembourg,
which shall transmit a certified copy to each of the Contracting Parties.

For the Government of the Kingdom of Belgium

For the Government of the Federal Republic of Germany

For the Government of the French Republic

For the Government of the Italian Republic

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

68

EN

Official Journal of the European Communities

22.9.2000

JOINT DECLARATION ON ARTICLES 2 AND 3 OF THE AGREEMENT ON THE ACCESSION OF THE
ITALIAN REPUBLIC TO THE CONVENTION IMPLEMENTING THE SCHENGEN AGREEMENT
OF 14 JUNE 1985

At the time of signing the Agreement on the Accession of the Italian Republic to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the
Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual
abolition of checks at their common borders signed at Schengen on 19 June 1990, the Contracting Parties
declare that Article 2(1) and Article 3(1) of the said Agreement shall be without prejudice to the powers
which the Guardia di Finanza is granted by Italian law and exercises on Italian territory.

DECLARATION OF THE MINISTERS AND STATE SECRETARIES

the Kingdom of Belgium,

On the twenty-seventh day of November in the year one thousand nine hundred and ninety, representatives of the
Governments of
the Italian
Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands signed at Paris the Agreement on
the Accession of the Italian Republic to the Convention implementing the Schengen Agreement of 14 June 1985
between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the
French Republic on the gradual abolition of checks at their common borders, signed at Schengen on 19 June 1990.

the Federal Republic of Germany,

the French Republic,

They noted that the representative of the Government of the Italian Republic declared support for the Declaration
made at Schengen on 19 June 1990 by the Ministers and State Secretaries representing the Governments of the
Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and
the Kingdom of the Netherlands and for the decision confirmed on the same date upon signature of the Convention
implementing the Schengen Agreement.

22.9.2000

EN

Official Journal of the European Communities

69

AGREEMENT ON THE ACCESSION OF THE KINGDOM OF SPAIN

to the Convention implementing the Schengen Agreement of 14 June 1985 between the
Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and
the French Republic on the gradual abolition of checks at their common borders signed at
Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at
Paris on 27 November 1990

The KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC, the GRAND DUCHY
OF LUXEMBOURG and the KINGDOM OF THE NETHERLANDS, Parties to the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders signed at
Schengen on 19 June 1990, hereinafter referred to as (cid:145)the 1990 Convention(cid:146), as well as the Italian Republic, which
acceded to the 1990 Convention by the Agreement signed at Paris on 27 November 1990, of the one part,

and the KINGDOM OF SPAIN, of the other part,

Having regard to the signature done at Bonn on this twenty-fifth day of June in the year one thousand nine hundred
and ninety-one of the Protocol on the Accession of the Government of the Kingdom of Spain to the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, as
amended by the Protocol on the Accession of the Government of the Italian Republic signed at Paris on 27 November
1990,

On the basis of Article 140 of the 1990 Convention,

HAVE AGREED AS FOLLOWS:

Article 1

The Kingdom of Spain hereby accedes to the 1990 Convention.

Article 2

The officers referred to in Article 40(4) of

1.
the 1990
Convention as regards the Kingdom of Spain shall be: officers
of the Cuerpo Nacional de Polic(cid:237)a (national police) and of the
Cuerpo de la Guardia Civil in the exercise of their criminal police
the Customs Administration,
duties, as well as officials of
laid down in appropriate bilateral
under
the conditions
agreements
the 1990
referred to in Article 40(6) of
Convention, with respect to their powers regarding the illicit
trafficking in narcotic drugs and psychotropic substances,
trafficking in arms and explosives, and the illicit transportation
of toxic and hazardous waste.

The authority referred to in Article 40(5) of the 1990
2.
Convention as regards the Kingdom of Spain shall be the
Direcci(cid:243)n General de la Polic(cid:237)a (Directorate-General of Police).

officers of the Cuerpo Nacional de Polic(cid:237)a and of the Cuerpo de la
Guardia Civil in the exercise of their criminal police duties, as
well as officials of
the Customs Administration, under the
conditions
laid down in appropriate bilateral agreements
referred to in Article 41(10) of the 1990 Convention, with
trafficking in
respect
narcotic drugs and psychotropic substances, trafficking in arms
and explosives, and the illicit
toxic and
hazardous waste.

to their powers regarding the illicit

transportation of

2.
At the time of signing this Agreement, the Government
of the French Republic and the Government of the Kingdom
of Spain shall each make a declaration defining, on the basis of
the
the 1990 Convention,
Article 41(2),
procedures for carrying out hot pursuit on their territories.

(3) and (4) of

At the time of signing this Agreement, the Government
3.
of the Kingdom of Spain shall make a declaration with regard
to the Government of the Portuguese Republic defining, on the
basis of Article 41(2), (3) and (4) of the 1990 Convention, the
procedures for carrying out hot pursuit on Spanish territory.

Article 3

Article 4

The officers referred to in Article 41(7) of

1.
the 1990
Convention as regards the Kingdom of Spain shall be: the

The competent Ministry referred to in Article 65(2) of the
1990 Convention as regards the Kingdom of Spain shall be the
Ministry of Justice.

70

EN

Official Journal of the European Communities

22.9.2000

Article 5

1.
This Agreement shall be subject to ratification, acceptance or
approval. The instruments of ratification, acceptance or approval shall
be deposited with the Government of
the Grand Duchy of
Luxembourg, which shall notify all the Contracting Parties thereof.

2.
This Agreement shall enter into force on the first day of the
second month following the deposit of the instruments of ratification,
acceptance or approval by the five Signatory States to the 1990
Convention and by the Kingdom of Spain, and at the earliest on the
day on which the 1990 Convention enters into force. With regard to
the Italian Republic, this Agreement shall enter into force on the first
day of the second month following the deposit of its instrument of
ratification, acceptance or approval, and at the earliest on the day on
which this Agreement enters into force between the other Contracting
Parties.

The Government of

3.
notify each of the Contracting Parties of the date of entry into force.

the Grand Duchy of Luxembourg shall

Article 6

The Government of

1.
the Grand Duchy of Luxembourg shall
transmit to the Government of the Kingdom of Spain a certified copy
the 1990 Convention in the Dutch, French and German
of
languages.

The text of the 1990 Convention drawn up in the Spanish
2.
language is annexed to this Agreement and shall be authentic under
the same conditions as the texts of the 1990 Convention drawn up
in the Dutch, French, German and Italian languages.

In witness whereof, the undersigned, duly authorised to this effect, have signed this Agreement.

Done at Bonn this twenty-fifth day of June in the year one thousand nine hundred and ninety-one in a
single original in the Dutch, French, German, Italian and Spanish languages, all five texts being equally
authentic, such original remaining deposited in the archives of the Government of the Grand Duchy of
Luxembourg, which shall transmit a certified copy to each of the Contracting Parties.

For the Government of the Kingdom of Belgium

For the Government of the Federal Republic of Germany

For the Kingdom of Spain

22.9.2000

EN

Official Journal of the European Communities

71

For the Government of the French Republic

For the Government of the Italian Republic

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

72

EN

Official Journal of the European Communities

22.9.2000

FINAL ACT

I. At

the time of signing the Agreement on the Accession of

the Kingdom of Spain to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks
at their common borders signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the
Agreement signed at Paris on 27 November 1990, the Kingdom of Spain has subscribed to the Final Act, the
Minutes and the Joint Declaration of the Ministers and State Secretaries which were signed at the same time as
the 1990 Convention.

The Kingdom of Spain has subscribed to the Joint Declarations and has taken note of the unilateral Declarations
contained therein.

The Government of the Grand Duchy of Luxembourg shall transmit to the Government of the Kingdom of
Spain a certified copy of the Final Act, the Minutes and the Joint Declaration of the Ministers and State
Secretaries, which were signed at the time of signing the 1990 Convention, in the Dutch, French, German and
Italian languages.

The texts of the Final Act, the Minutes and the Joint Declaration of the Ministers and State Secretaries which
were signed at the time of signing the 1990 Convention, drawn up in the Spanish language, are annexed to this
Final Act and shall be authentic under the same conditions as the texts drawn up in the Dutch, French, German
and Italian languages.

II. At the time of signing the Agreement on the Accession of the Kingdom of Spain to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of
the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the
gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, to which
the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990, the Contracting
Parties have adopted the following Declarations:

1.

Joint Declaration on Article 5 of the Accession Agreement

The Signatory States shall, prior to the entry into force of the Accession Agreement, inform each
other of all circumstances that could have a significant bearing on the areas covered by the 1990
Convention and on the bringing into force of the Accession Agreement.

This Accession Agreement shall not be brought into force between the five Signatory States to the
1990 Convention and the Kingdom of Spain until the preconditions for implementation of the
1990 Convention have been fulfilled in these six States and checks at the external borders are
effective there. With regard to the Italian Republic, this Accession Agreement shall not be brought
into force until the preconditions for the implementation of the 1990 Convention have been
fulfilled in the Signatory States to the said Agreement and checks at the external borders are
effective there.

2.

Joint Declaration on Article 9(2) of the 1990 Convention

The Contracting Parties specify that at the time of signing the Agreement on the Accession of the Kingdom
of Spain to the 1990 Convention, the common visa arrangements referred to in Article 9(2) of the 1990
Convention shall be taken to mean the common arrangements applied by the Signatory Parties to the said
Convention since 19 June 1990.

The Contracting Parties take note that the Government of the Kingdom of Spain undertakes to apply, at the
latest at the time of the entry into force of this Agreement, the common visa arrangements in the cases last
examined during negotiations on accession to the 1990 Convention.

3.

Joint Declaration on data protection

The Contracting Parties note that the Government of the Kingdom of Spain undertakes to take all the
necessary steps before the ratification of the Agreement on Accession to the 1990 Convention to ensure that
Spanish legislation is supplemented in accordance with the Council of Europe Convention for the Protection
of Individuals with regard to the Automatic Processing of Personal Data of 28 January 1981 and in
accordance with Recommendation No R (87) 15 of 17 September 1987 of the Committee of the Ministers

22.9.2000

EN

Official Journal of the European Communities

73

of the Council of Europe regulating the use of personal data in the police sector, so as to ensure the full
application of the provisions of Articles 117 and 126 of the 1990 Convention and the other provisions of
said Convention relating to the protection of personal data, with the aim of achieving a level of protection
compatible with the relevant provisions of the 1990 Convention.

III. The Contracting Parties have taken note of the following declarations made by the Kingdom of Spain:

1. Declaration on the towns of Ceuta and Melilla

(a) The current controls on goods and travellers entering the customs territory of the European Economic
Community from the towns of Ceuta and Melilla shall continue to be performed in accordance with the
provisions of Protocol 2 of the Act of Accession of Spain to the European Communities.

(b) The specific arrangements for visa exemptions for local border traffic between Ceuta and Melilla and the

Moroccan provinces of Tetuan and Nador shall continue to apply.

(c) Moroccan nationals who are not resident in the provinces of Tetuan or Nador and who wish to enter the
territory of the towns of Ceuta and Melilla exclusively shall remain subject to the visa requirement. The
validity of these visas shall be limited to these two towns and may permit multiple entries and exits
((cid:145)visado limitado mœltiple(cid:146)) in accordance with the provisions of Article 10(3) and Article 11(1)(a) of
the 1990 Convention.

(d) The interests of
arrangements.

the other Contracting Parties shall be taken into account when applying these

(e) Pursuant to its national law and in order to verify whether passengers still satisfy the conditions laid
down in Article 5 of the 1990 Convention on the basis which they were authorised to enter national
territory upon passport control at the external border, Spain shall maintain checks (on identity and
documents) on sea and air connections departing from Ceuta and Melilla and having as their sole
destination any other place on Spanish territory.

To the same end, Spain shall maintain checks on internal flights and on regular ferry connections
departing from the towns of Ceuta and Melilla to a destination in another State party to the
Convention.

2. Declaration on the application of the European Convention on Mutual Assistance in Criminal

Matters and the European Convention on Extradition

The Kingdom of Spain undertakes to refrain from invoking its reservations and declarations made
when ratifying the European Convention on Extradition of 13 December 1957 and the European
Convention on Mutual Assistance in Criminal Matters of 20 April 1959 in so far as they are
incompatible with the 1990 Convention.

3. Declaration on Article 121 of the 1990 Convention

The Government of the Kingdom of Spain declares that, except in respect of fresh citrus fruit and palms, it
shall apply the simplification of plant-health checks and requirements referred to in Article 121 of the 1990
Convention from the date of signature of the Agreement on Accession to the 1990 Convention.

The Government of the Kingdom of Spain declares that it shall conduct a pest risk assessment on fresh
it reveals a risk of harmful organisms being
citrus fruit and palms before 1 January 1992, which,
introduced or propagated, may, where appropriate, justify the derogation provided for in Article 121(2) of
the 1990 Convention after the entry into force of the said Agreement on the Accession of the Kingdom of
Spain.

if

4. Declaration on the Agreement on the Accession of the Portuguese Republic to the 1990 Convention

At the time of signing this Agreement, the Kingdom of Spain takes note of the contents of the Agreement
on the Accession of
the Portuguese Republic to the 1990 Convention and the related Final Act and
Declaration.

74

EN

Official Journal of the European Communities

22.9.2000

Done at Bonn this twenty-fifth day of June in the year one thousand nine hundred and ninety-one in a
single original in the Dutch, French, German, Italian and Spanish languages, all five texts being equally
authentic, such original remaining deposited in the archives of the Government of the Grand Duchy of
Luxembourg, which shall transmit a certified copy to each of the Contracting Parties.

For the Government of the Kingdom of Belgium

For the Government of the Federal Republic of Germany

For the Government of the Kingdom of Spain

For the Government of the French Republic

For the Government of the Italian Republic

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

22.9.2000

EN

Official Journal of the European Communities

75

DECLARATION OF THE MINISTERS AND STATE SECRETARIES

On the twenty-fifth day of June in the year one thousand nine hundred and ninety-one, the representatives of the
Governments of the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French
Republic, the Italian Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands signed at
Bonn the Agreement on the Accession of the Kingdom of Spain to the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, signed at
Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at Paris on 27
November 1990.

They noted that the representative of the Government of the Kingdom of Spain declared support for the Declaration
made at Schengen on 19 June 1990 by the Ministers and State Secretaries representing the Governments of the
Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and
the Kingdom of the Netherlands and for the decision confirmed on the same date upon signature of the Convention
implementing the Schengen Agreement, which Declaration and decision the Government of the Italian Republic has
also supported.

76

EN

Official Journal of the European Communities

22.9.2000

AGREEMENT ON THE ACCESSION OF THE PORTUGUESE REPUBLIC

to the Convention implementing the Schengen Agreement of 14 June 1985 between the
Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and
the French Republic on the gradual abolition of checks at their common borders signed at
Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at
Paris on 27 November 1990

The KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC, the GRAND DUCHY
OF LUXEMBOURG and the KINGDOM OF THE NETHERLANDS, Parties to the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders signed at
Schengen on 19 June 1990, hereinafter referred to as (cid:145)the 1990 Convention(cid:146), as well as the Italian Republic, which
acceded to the 1990 Convention by the Agreement signed at Paris on 27 November 1990, of the one part,

and the PORTUGUESE REPUBLIC, of the other part,

Having regard to the signature done at Bonn on this twenty-fifth day of June in the year one thousand nine hundred
and ninety-one of the Protocol on the Accession of the Government of the Portuguese Republic to the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, as
amended by the Protocol on the Accession of the Government of the Italian Republic signed at Paris on 27 November
1990,

On the basis of Article 140 of the 1990 Convention,

HAVE AGREED AS FOLLOWS:

Article 1

Article 3

The Portuguese Republic hereby accedes to the 1990 Convention.

Article 2

The officers referred to in Article 40(4) of

1.
the 1990
Convention as regards the Portuguese Republic shall be: the
members of the Pol(cid:237)cia JudiciÆria (Criminal Police), as well as
customs officers in their capacity as auxiliary officers of the
Public Prosecutor’s Office, under the conditions laid down in
appropriate bilateral agreements referred to in Article 40(6) of
the 1990 Convention, with respect to their powers regarding
trafficking in narcotic drugs and psychotropic
the illicit
substances, trafficking in arms and explosives, and the illicit
transportation of toxic and hazardous waste.

1.
The officers referred to in Article 41(7) of the 1990
Convention as regards the Portuguese Republic shall be: the
members of the Pol(cid:237)cia JudiciÆria, as well as customs officers in
their capacity as auxiliary officers of the Public Prosecutor’s
Office, under the conditions laid down in appropriate bilateral
agreements
the 1990
referred to in Article 41(10) of
Convention with respect to their powers regarding the illicit
trafficking in narcotic drugs and psychotropic substances,
trafficking in arms and explosives, and the illicit transportation
of toxic and hazardous waste.

2.
At the time of signing this Agreement, the Government
the Portuguese Republic shall make a declaration with
of
regard to the Government of the Kingdom of Spain defining,
on the basis of Article 41(2),
the 1990
Convention, the procedures for carrying out hot pursuit on
Portuguese territory.

(3) and (4) of

Article 4

2.
The authority referred to in Article 40(5) of the 1990
Convention as regards the Portuguese Republic shall be the
Direccªo geral de la Pol(cid:237)cia JudiciÆria (Directorate-General of the
Criminal Police).

The competent Ministry referred to in Article 65(2) of the
1990 Convention as regards the Portuguese Republic shall be
the Ministry of Justice.

22.9.2000

EN

Official Journal of the European Communities

77

Article 5

be deposited with the Government of
Luxembourg, which shall notify all the Contracting Parties thereof.

the Grand Duchy of

For the purposes of extradition between the Contracting Parties
to the 1990 Convention, paragraph (c) of the declaration made
by the Portuguese Republic concerning Article 1 of
the
European Convention on Extradition of 13 December 1957
shall be interpreted as follows:

or

detention order

The Portuguese Republic shall not grant the extradition of
persons wanted for an offence punishable by a life
sentence
life. Nevertheless,
extradition will be granted where the requesting State gives
assurances that it will encourage,
in accordance with its
law and practice regarding the carrying out of sentences,
the application of any measures of clemency to which the
person whose extradition is requested might be entitled.

for

2.
This Agreement shall enter into force on the first day of the
second month following the deposit of the instruments of ratification,
acceptance or approval by the five Signatory States to the 1990
Convention and by the Portuguese Republic, and at the earliest on
the day on which the 1990 Convention enters into force. With regard
to the Italian Republic, this Agreement shall enter into force on the
first day of the second month following the deposit of its instrument
of ratification, acceptance or approval, and at the earliest on the day
on which this Agreement
into force between the other
Contracting Parties.

enters

The Government of

3.
notify each of the Contracting Parties of the date of entry into force.

the Grand Duchy of Luxembourg shall

Article 6

For the purposes of mutual assistance in criminal matters
between the Contracting Parties to the 1990 Convention, the
Portuguese Republic shall not refuse requests on the grounds
that the offences giving rise to the request are punishable by a
life sentence or detention order for life under the law of the
requesting State.

Article 7

1.
This Agreement shall be subject to ratification, acceptance or
approval. The instruments of ratification, acceptance or approval shall

Article 8

The Government of

1.
the Grand Duchy of Luxembourg shall
transmit to the Government of the Portuguese Republic a certified
copy of the 1990 Convention in the Dutch, French, German and
Italian languages.

2.
The text of the 1990 Convention drawn up in the Portuguese
language is annexed to this Agreement and shall be authentic under
the same conditions as the texts of the 1990 Convention drawn up
in the Dutch, French, German and Italian languages.

In witness whereof, the undersigned, duly authorised to this effect, have signed this Agreement.

Done at Bonn this twenty-fifth day of June in the year one thousand nine hundred and ninety-one in a
single original in the Dutch, French, German, Italian and Portuguese languages, all five texts being equally
authentic, such original remaining deposited in the archives of the Government of the Grand Duchy of
Luxembourg, which shall transmit a certified copy to each of the Contracting Parties.

For the Government of the Kingdom of Belgium

For the Government of the Federal Republic of Germany

78

EN

Official Journal of the European Communities

22.9.2000

For the Government of the French Republic

For the Government of the Italian Republic

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

For the Government of the Portuguese Republic

22.9.2000

EN

Official Journal of the European Communities

79

FINAL ACT

I. At

the time of signing the Agreement on the Accession of

the Portuguese Republic to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks
at their common borders signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the
Agreement signed at Paris on 27 November 1990, the Portuguese Republic has subscribed to the Final Act, the
Minutes and the Joint Declaration of the Ministers and State Secretaries which were signed at the same time as
the 1990 Convention.

The Portuguese Republic has subscribed to the Joint Declarations and has taken note of
Declarations contained therein.

the unilateral

The Government of the Grand Duchy of Luxembourg shall transmit to the Government of the Portuguese
Republic a certified copy of the Final Act, the Minutes and the Joint Declaration of the Ministers and State
Secretaries, which were signed at the time of signing the 1990 Convention, in the Dutch, French, German and
Italian languages.

The texts of the Final Act, the Minutes and the Joint Declaration of the Ministers and State Secretaries which
were signed at the time of signing the 1990 Convention, drawn up in the Portuguese language, are annexed to
this Final Act and shall be authentic under the same conditions as the texts drawn up in the Dutch, French,
German and Italian languages.

II. At the time of signing the Agreement on the Accession of the Portuguese Republic to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of
the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the
gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, to which
the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990, the Contracting
Parties have adopted the following Declarations:

1.

Joint Declaration on Article 7 of the Accession Agreement

The Signatory States shall, prior to the entry into force of the Accession Agreement, inform each
other of all circumstances that could have a significant bearing on the areas covered by the 1990
Convention and on the bringing into force of the Accession Agreement.

This Accession Agreement shall not be brought into force between the five Signatory States to the
1990 Convention and the Portuguese Republic until the preconditions for implementation of the
1990 Convention have been fulfilled in these six States and checks at the external borders are
effective there. With regard to the Italian Republic, this Accession Agreement shall not be brought
into force until the preconditions for the implementation of the 1990 Convention have been
fulfilled in the Signatory States to the said Agreement and checks at the external borders are
effective there.

2.

Joint Declaration on Article 9(2) of the 1990 Convention

The Contracting Parties specify that at the time of signing the Agreement on the Accession of the Portuguese
Republic to the 1990 Convention, the common visa arrangements referred to in Article 9(2) of the 1990
Convention shall be taken to mean the common arrangements applied by the Signatory Parties to the said
Convention since 19 June 1990.

3.

Joint Declaration on data protection

The Contracting Parties take note that a law on the protection of personal data subject to automatic
processing was published by the Portuguese Republic on 29 April 1991.

80

EN

Official Journal of the European Communities

22.9.2000

The Contracting Parties note that the Government of the Portuguese Republic undertakes to take all the
necessary steps before the ratification of the Agreement on Accession to the 1990 Convention to ensure that
Portuguese legislation is supplemented so as to ensure the full application of all the provisions of the
Convention of 1990 relating to the protection of personal data.

III. The Contracting Parties have taken note of

the following declarations made by the Portuguese

Republic:

1. Declaration on Brazilian nationals entering Portugal under the Visa Waiver Agreement between

Portugal and Brazil of 9 August 1960

The Government of the Portuguese Republic undertakes to readmit to its territory Brazilian
nationals who, having entered the territories of the Contracting Parties via Portugal under the Visa
Waiver Agreement between Portugal and Brazil, are intercepted in the territories of
the
Contracting Parties after the period referred to in Article 20(1) of the 1990 Convention has
expired.

The Government of the Portuguese Republic undertakes to admit Brazilian nationals only in so far
as they fulfil the conditions laid down in Article 5 of the 1990 Convention and to take all steps to
ensure that their travel documents are stamped when they cross the external borders.

2. Declaration on the European Convention on Mutual Assistance in Criminal Matters

The Government of
the Portuguese Republic undertakes to ratify the European Convention on Mutual
Assistance in Criminal Matters of 20 April 1959 and the Additional Protocol thereto before the 1990
Convention enters into force for Portugal.

3. Declaration on the Missile Technology Control Regime

For the purposes of applying Article 123 of the 1990 Convention, the Government of the Portuguese
Republic undertakes to join the Missile Technology Control Regime, as formulated on 16 April 1987, as
soon as possible and at the latest upon the entry into force of the 1990 Convention for Portugal.

4. Declaration on Article 121 of the 1990 Convention

The Government of the Portuguese Republic declares that, except in respect of fresh citrus fruit, it shall apply
the simplification of plant-health checks and requirements referred to in Article 121 of the 1990 Convention
from the date of signature of the Agreement on Accession to the 1990 Convention.

The Government of the Portuguese Republic declares that it shall conduct a pest risk assessment on fresh
citrus fruit before 1 January 1992, which, if it reveals a risk of harmful organisms being introduced or
justify the derogation provided for in Article 121(2) of the 1990
propagated, may, where appropriate,
Convention after the entry into force of the said Agreement on the Accession of the Portuguese Republic.

5. Declaration on the Agreement on the Accession of the Portuguese Republic to the 1990 Convention

At the time of signing this Agreement, the Portuguese Republic takes note of the contents of the Agreement
on the Accession of
the Portuguese Republic to the 1990 Convention and the related Final Act and
Declaration.

22.9.2000

EN

Official Journal of the European Communities

81

Done at Bonn this twenty-fifth day of June in the year one thousand nine hundred and ninety-one in a
single original in the Dutch, French, German, Italian and Portuguese languages, all five texts being equally
authentic, such original remaining deposited in the archives of the Government of the Grand Duchy of
Luxembourg, which shall transmit a certified copy to each of the Contracting Parties.

For the Government of the Kingdom of Belgium

For the Government of the Federal Republic of Germany

For the Government of the French Republic

For the Government of the Italian Republic

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

For the Government of the Portuguese Republic

82

EN

Official Journal of the European Communities

22.9.2000

DECLARATION OF THE MINISTERS AND STATE SECRETARIES

the Kingdom of Belgium,

On the twenty-fifth day of June in the year one thousand nine hundred and ninety-one, the representatives of the
the Italian
Governments of
Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Portuguese Republic signed at
Bonn the Agreement on the Accession of the Portuguese Republic to the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, signed at
Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at Paris on 27
November 1990.

the Federal Republic of Germany,

the French Republic,

They noted that the representative of the Government of the Portuguese Republic declared support for the Declaration
made at Schengen on 19 June 1990 by the Ministers and State Secretaries representing the Governments of the
Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and
the Kingdom of the Netherlands and for the decision confirmed on the same date upon signature of the Convention
implementing the Schengen Agreement, which Declaration and decision the Government of the Italian Republic has
also supported.

22.9.2000

EN

Official Journal of the European Communities

83

AGREEMENT ON THE ACCESSION OF THE HELLENIC REPUBLIC

to the Convention implementing the Schengen Agreement of 14 June 1985 between the
Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and
the French Republic on the gradual abolition of checks at their common borders signed at
Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement signed at
Paris on 27 November 1990, and to which the Kingdom of Spain and the Hellenic Republic
acceded by the Agreements signed at Bonn on 25 June 1991

The KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC, the GRAND DUCHY
OF LUXEMBOURG and the KINGDOM OF THE NETHERLANDS, Parties to the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders signed at
Schengen on 19 June 1990, hereinafter referred to as (cid:145)the 1990 Convention(cid:146), as well as the Italian Republic, which
acceded to the 1990 Convention by the Agreement signed at Paris on 27 November 1990, and the Kingdom of Spain
and the Portuguese Republic, which acceded to the 1990 Convention by the Agreements signed at Bonn on 25 June
1991, of the one part,

and the HELLENIC REPUBLIC, of the other part,

Having regard to the signature done at Madrid on this sixth day of November in the year one thousand nine hundred
and ninety-two of the Protocol on the Accession of the Government of the Hellenic Republic to the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, as
amended by the Protocol on the Accession of the Government of the Italian Republic signed at Paris on 27 November
1990 and the Protocols on the Accession of the Governments of the Kingdom of Spain and the Portuguese Republic
signed at Bonn on 25 June 1991,

On the basis of Article 140 of the 1990 Convention,

HAVE AGREED AS FOLLOWS:

Article 1

Article 3

The Hellenic Republic hereby accedes to the 1990 Convention.

The competent Ministry referred to in Article 65(2) of the
1990 Convention as regards the Hellenic Republic shall be the
Ministry of Justice.

Article 2

Article 4

The officers referred to in Article 40(4) of

1.
the 1990
Convention as regards the Hellenic Republic shall be: police
officers of the Ekkgmij(cid:222) Arstmol(cid:223)a (Greek police) and of the
Kilemij(cid:252) R(cid:254)la (Port Authority), each within the limits of their
powers, as well as officials of the Customs Administration,
laid down in appropriate bilateral
under
agreements
the 1990
referred to in Article 40(6) of
Convention, with respect to their powers regarding the illicit
trafficking in narcotic drugs and psychotropic substances,
trafficking in arms and explosives, and the illicit transportation
of toxic and hazardous waste.

the conditions

The authority referred to in Article 40(5) of the 1990
2.
Convention as regards the Hellenic Republic shall be:
the
Die(cid:253)htmrg Diehmo(cid:253)y Arstmolij(cid:222)y Rtmeqcar(cid:223)ay sot Tpotqce(cid:223)ot
Dglor(cid:223)ay
Police
Cooperation of the Ministry of Public Order).

International

(Directorate

S(cid:220)nexy

of

For the purposes of extradition between the Contracting Parties
to the 1990 Convention, the Hellenic Republic shall refrain
it made in respect of
from applying the reservations that
Articles 7, 18 and 19 of
the European Convention on
Extradition of 13 December 1957.

Article 5

For the purposes of mutual assistance in criminal matters
between the Contracting Parties to the 1990 Convention, the
Hellenic Republic shall refrain from applying the reservation it
made in respect of Articles 4 and 11 of
the European
Convention on Mutual Assistance in Criminal Matters of
20 April 1959.

84

EN

Official Journal of the European Communities

22.9.2000

Article 6

The Government of

3.
notify each of the Contracting Parties of the date of entry into force.

the Grand Duchy of Luxembourg shall

1.
This Agreement shall be subject to ratification, acceptance or
approval. The instruments of ratification, acceptance or approval shall
be deposited with the Government of
the Grand Duchy of
Luxembourg, which shall notify all the Contracting Parties thereof.

Article 7

2.
This Agreement shall enter into force on the first day of the
second month following the deposit of the instruments of ratification,
acceptance or approval by the States for which the 1990 Convention
has entered into force and by the Hellenic Republic.

The Government of

1.
the Grand Duchy of Luxembourg shall
transmit to the Government of the Hellenic Republic a certified copy
the 1990 Convention in the Dutch, French, German, Italian,
of
Portuguese and Spanish languages.

With regard to the other States, this Agreement shall enter into force
on the first day of the second month following the deposit of their
instruments of ratification, acceptance or approval, provided that this
Agreement has entered into force in accordance with the provisions of
the preceding subparagraph.

The text of

the 1990 Convention drawn up in the Greek
2.
language is annexed to this Agreement and shall be authentic under
the same conditions as the texts of the 1990 Convention drawn up
in the Dutch, French, German,
Italian, Portuguese and Spanish
languages.

In witness whereof, the undersigned, duly authorised to this effect, have signed this Agreement.

Done at Madrid this sixth day of November in the year one thousand nine hundred and ninety-two in a
single original in the Dutch, French, German, Greek, Italian, Portuguese and Spanish languages, all seven
texts being equally authentic, such original remaining deposited in the archives of the Government of the
Grand Duchy of Luxembourg, which shall transmit a certified copy to each of the Contracting Parties.

For the Government of the Kingdom of Belgium

For the Government of the Federal Republic of Germany

For the Government of the Hellenic Republic

For the Government of the Kingdom of Spain

22.9.2000

EN

Official Journal of the European Communities

85

For the Government of the French Republic

For the Government of the Italian Republic

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

For the Government of the Portuguese Republic

86

EN

Official Journal of the European Communities

22.9.2000

FINAL ACT

I. At the time of signing the Agreement on the Accession of the Hellenic Republic to the Convention implementing
the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic
Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their
common borders signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the Agreement
signed at Paris on 27 November 1990 and to which the Kingdom of Spain and the Portuguese Republic
the Hellenic
acceded by the Accession Agreements signed at Bonn on 25 June 1991, the Government of
Republic has subscribed to the Final Act, the Minutes and the Joint Declaration of the Ministers and State
Secretaries which were signed at the same time as the 1990 Convention.

The Government of the Hellenic Republic has subscribed to the Joint Declarations and has taken note of the
unilateral Declarations contained therein.

The Government of the Grand Duchy of Luxembourg shall transmit to the Government of the Hellenic Republic
a certified copy of the Final Act, the Minutes and the Joint Declaration of the Ministers and State Secretaries,
which were signed at
in the Dutch, French, German, Italian,
Portuguese and Spanish languages.

the time of signing the 1990 Convention,

The texts of the Final Act, the Minutes and the Joint Declaration of the Ministers and State Secretaries which
were signed at the time of signing the 1990 Convention, drawn up in the Greek language, are annexed to this
Final Act and shall be authentic under the same conditions as the texts drawn up in the Dutch, French,
German, Italian, Portuguese and Spanish languages.

II. At the time of signing the Agreement on the Accession of the Hellenic Republic to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of
the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the
gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, to which
the Italian Republic acceded by the Agreement signed at Paris on 27 November 1990 and to which
the Kingdom of Spain and the Portuguese Republic acceded by the Accession Agreements signed at
Bonn on 25 June 1991, the Contracting Parties adopted the following Declarations:

1.

Joint Declaration on Article 6 of the Accession Agreement

The Signatory States shall, prior to the entry into force of the Accession Agreement, inform each
other of all circumstances that could have a significant bearing on the areas covered by the 1990
Convention and on the bringing into force of the Accession Agreement.

This Accession Agreement shall not be brought into force between the States for which the 1990
Convention has been brought into force and the Hellenic Republic until the preconditions for
implementation of the 1990 Convention have been fulfilled in these States and checks at the
external borders are effective there.

With regard to the other States, this Accession Agreement shall only enter into force when all the
preconditions for the implementation of the Convention of 1990 have been fulfilled by the
Signatory States to this Accession Agreement and controls at the external borders are effective
there.

2.

Joint Declaration on Article 9(2) of the 1990 Convention

The Contracting Parties specify that at the time of signing the Agreement on the Accession of the Hellenic
Republic to the 1990 Convention, the common visa arrangements referred to in Article 9(2) of the 1990
Convention shall be taken to mean the common arrangements applied by the Signatory Parties to the said
Convention since 19 June 1990.

22.9.2000

EN

Official Journal of the European Communities

87

3.

Joint Declaration on data protection

The Contracting Parties note that the Government of
the Hellenic Republic undertakes to take all the
necessary steps before the ratification of the Agreement on Accession to the 1990 Convention to ensure that
Greek legislation is supplemented in accordance with the Council of Europe Convention for the Protection of
Individuals with regard to the Automatic Processing of Personal Data of 28 January 1981 and in
accordance with Recommendation No R (87) 15 of 17 September 1987 of the Committee of the Ministers
of the Council of Europe regulating the use of personal data in the police sector, so as to ensure the full
application of the provisions of Articles 117 and 126 of the 1990 Convention relating to the protection of
personal data, with the aim of achieving a level of protection compatible with the relevant provisions of the
1990 Convention.

4.

Joint Declaration on Article 41 of the 1990 Convention

The Contracting Parties note that,
the Hellenic Republic, the
provisions of Article 41(5)(b) preclude the application of Article 41 in relations between the Hellenic
Republic and the other Contracting Parties. The Hellenic Republic has therefore not designated authorities
within the meaning of Article 41(6) or made a declaration within the meaning of Article 41(9).

the geographical situation of

in view of

This procedure applied by the Greek Government does not conflict with the provisions of Article 137.

5.

Joint Declaration concerning Mount Athos

Recognising that the special status granted to Mount Athos, as guaranteed by Article 105 of the Hellenic
Constitution and the Charter of Mount Athos, is justified exclusively on grounds of a spiritual and religious
nature, the Contracting Parties will ensure that this status is taken into account in the application and
subsequent preparation of the provisions of the 1985 Agreement and the 1990 Convention.

III. The Contracting Parties have taken note of the following declarations made by the Hellenic Republic:

1. Declaration by the Hellenic Republic on the Agreements on the Accession of the Italian Republic, the

Kingdom of Spain and the Portuguese Republic

The Government of the Hellenic Republic takes note of the contents of the Agreements on the Accession of
the Italian Republic, the Kingdom of Spain and the Portuguese Republic to the 1990 Convention, and of
the contents of the Final Acts and Declarations annexed to the said Agreements.

The Government of the Grand Duchy of Luxembourg shall transmit a certified copy of the abovementioned
instruments to the Government of the Hellenic Republic.

2. Declaration by the Hellenic Republic on mutual assistance in criminal matters

The Hellenic Republic undertakes to process requests for assistance from the other Contracting
including when they are made directly to the Greek judicial
Parties with all due diligence,
authorities in accordance with the procedure laid down in Article 53(1) of the 1990 Convention.

3. Declaration on Article 121 of the 1990 Convention

The Government of the Hellenic Republic declares that, except in respect of fresh citrus fruit, cotton and
lucerne seed, it shall apply the simplification of plant-health checks and requirements referred to in Article
121 of the 1990 Convention from the date of signature of the Agreement on Accession to the 1990
Convention.

Nevertheless, in respect of fresh citrus fruit, the Hellenic Republic shall transpose the provisions of Article
121 and related measures by 1 January 1993 at the latest.

88

EN

Official Journal of the European Communities

22.9.2000

Done at Madrid this sixth day of November in the year one thousand nine hundred and ninety-two in a
single original in the Dutch, French, German, Greek, Italian, Portuguese and Spanish languages, all seven
texts being equally authentic, such original remaining deposited in the archives of the Government of the
Grand Duchy of Luxembourg, which shall transmit a certified copy to each of the Contracting Parties.

For the Government of the Kingdom of Belgium

For the Government of the Federal Republic of Germany

For the Government of the Hellenic Republic

For the Government of the Kingdom of Spain

For the Government of the French Republic

For the Government of the Italian Republic

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

For the Government of the Portuguese Republic

22.9.2000

EN

Official Journal of the European Communities

89

DECLARATION OF THE MINISTERS AND STATE SECRETARIES

the Italian Republic,

the Hellenic Republic,

On the sixth day of November in the year one thousand nine hundred and ninety-two, the representatives of the
Governments of the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French
Republic,
the
Netherlands and the Portuguese Republic signed at Madrid the Agreement on the Accession of the Hellenic Republic
to the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of
the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of
checks at their common borders, signed at Schengen on 19 June 1990, to which the Italian Republic acceded by the
Agreement signed at Paris on 27 November 1990 and to which the Kingdom of Spain and the Portuguese Republic
acceded by the Agreements signed at Bonn on 25 June 1991.

the Grand Duchy of Luxembourg,

the Kingdom of

They noted that the representative of the Government of the Hellenic Republic declared support for the Declaration
made at Schengen on 19 June 1990 by the Ministers and State Secretaries representing the Governments of the
Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and
the Kingdom of the Netherlands and for the decision confirmed on the same date upon signature of the Convention
implementing the Schengen Agreement, which Declaration and decision the Governments of the Italian Republic, the
Kingdom of Spain and the Portuguese Republic have also supported.

90

EN

Official Journal of the European Communities

22.9.2000

AGREEMENT ON THE ACCESSION OF THE REPUBLIC OF AUSTRIA

to the Convention implementing the Schengen Agreement of 14 June 1985 between the
Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and
the French Republic on the gradual abolition of checks at their common borders signed at
Schengen on 19 June 1990, to which the Italian Republic, the Kingdom of Spain and the
Portuguese Republic, and the Hellenic Republic acceded by the Agreements
signed on
27 November 1990, on 25 June 1991 and on 6 November 1992 respectively

The KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC, the GRAND DUCHY
OF LUXEMBOURG and the KINGDOM OF THE NETHERLANDS, Parties to the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders signed at
Schengen on 19 June 1990, hereinafter referred to as (cid:145)the 1990 Convention(cid:146), as well as the Italian Republic, the
Kingdom of Spain and the Portuguese Republic, and the Hellenic Republic, which acceded to the 1990 Convention by
the Agreements signed on 27 November 1990, on 25 June 1991 and on 6 November 1992 respectively,

of the one part,

and the REPUBLIC OF AUSTRIA, of the other part,

Having regard to the signature done at Brussels on this twenty-eighth day of April in the year one thousand nine
hundred and ninety-five of the Protocol on the Accession of the Government of the Republic of Austria to the
Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the
Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, as
amended by the Protocols on the Accession of the Government of the Italian Republic, the Kingdom of Spain and the
Portuguese Republic, and the Hellenic Republic signed on 27 November 1990, on 25 June 1991 and on 6 November
1992 respectively,

On the basis of Article 140 of the 1990 Convention,

HAVE AGREED AS FOLLOWS:

Article 1

The Republic of Austria hereby accedes to the 1990 Convention.

Article 2

The officers referred to in Article 40(4) of

1.
Convention as regards the Republic of Austria shall be:

the 1990

(a)

the officers of
responsible for maintaining public security), namely:

the (cid:246)ffentlicher Sicherheitsdienst

(agencies

(cid:151) the

officers
gendarmerie),

of

the

Bundesgendarmerie

(Federal

(cid:151) the officers of the Bundessicherheitswachekorps (Federal
police force under the command of the local Chief of
the Federal Police),

(cid:151) the officers of

the Kriminalbeamtenkorps

(criminal

police),

(cid:151) the

of

the

officials

bei
Sicherheitsbeh(cid:246)rden (legal department attached to the law
enforcement authorities), authorised to issue direct
orders and execute coercive measures.

rechtskundiger Dienst

(b) customs officers, under

the conditions

the 1990 Convention, with respect

laid down in
appropriate bilateral agreements referred to in Article 40(6)
of
to their powers
regarding the illicit
trafficking in narcotic drugs and
psychotropic substances, trafficking in arms and explosives,
and the illicit transportation of toxic and hazardous waste.

2.
The authority referred to in Article 40(5) of the 1990
Convention as regards the Republic of Austria shall be: the
Generaldirektion f(cid:252)r die (cid:246)ffentliche Sicherheit (Directorate-General
for Public Security) at the Federal Ministry of the Interior.

Article 3

The officers
Convention as regards the Republic of Austria shall be:

referred to in Article 41(7) of

the 1990

22.9.2000

EN

Official Journal of the European Communities

91

1.

the officers of
responsible for maintaining public security), namely:

the (cid:246)ffentlicher Sicherheitsdienst

(agencies

Article 5

(cid:151) the

officers
gendarmerie),

of

the

Bundesgendarmerie

(Federal

(cid:151) the officers of the Bundessicherheitswachekorps (Federal
police force under the command of the local Chief of
the Federal Police),

(cid:151) the officers of

the Kriminalbeamtenkorps

(criminal

police),

1.
This Agreement shall be subject to ratification, acceptance or
approval. The instruments of ratification, acceptance or approval shall
the Grand Duchy of
be deposited with the Government of
Luxembourg, which shall notify all the Contracting Parties thereof.

This Agreement shall enter into force on the first day of the
2.
second month following the deposit of the instruments of ratification,
acceptance or approval by the States for which the 1990 Convention
has entered into force and by the Republic of Austria.

(cid:151) the

of

the

officials

bei
Sicherheitsbeh(cid:246)rden (legal department attached to the law
enforcement authorities), authorised to issue direct
orders and execute coercive measures.

rechtskundige Dienst

2. customs officers, under

the conditions

laid down in
referred to in Article
appropriate bilateral agreements
41(10) of
to their
the 1990 Convention, with respect
powers regarding the illicit trafficking in narcotic drugs
trafficking in arms and
and psychotropic substances,
explosives, and the illicit
toxic and
hazardous waste.

transportation of

the second month following the deposit of

With regard to other States, this Agreement shall enter into force on
the first day of
their
instruments of ratification, acceptance or approval, provided that this
Agreement has entered into force in accordance with the provisions of
the preceding subparagraph.

The Government of

3.
notify each of the Contracting Parties of the date of entry into force.

the Grand Duchy of Luxembourg shall

Article 4

Article 6

The competent Ministry referred to in Article 65(2) of the
1990 Convention as regards the Republic of Austria shall be
the Federal Ministry of Justice.

The Government of the Grand Duchy of Luxembourg shall transmit
to the Government of the Republic of Austria a certified copy of the
Italian,
1990 Convention in the Dutch, French, German, Greek,
Portuguese and Spanish languages.

In witness whereof, the undersigned, duly authorised to this effect, have signed this Agreement.

Done at Brussels this twenty-eighth day of April in the year one thousand nine hundred and ninety-five in
a single original in the Dutch, French, German, Greek, Italian, Portuguese and Spanish languages, all seven
texts being equally authentic, such original remaining deposited in the archives of the Government of the
Grand Duchy of Luxembourg, which shall transmit a certified copy to each of the Contracting Parties.

For the Government of the Kingdom of Belgium

For the Government of the Federal Republic of Germany

92

EN

Official Journal of the European Communities

22.9.2000

For the Government of the Hellenic Republic

For the Government of the Kingdom of Spain

For the Government of the French Republic

For the Government of the Italian Republic

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

22.9.2000

EN

Official Journal of the European Communities

93

For the Government of the Republic of Austria

For the Government of the Portuguese Republic

94

EN

Official Journal of the European Communities

22.9.2000

FINAL ACT

I. At

the time of signing the Agreement on the Accession of

the Republic of Austria to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks
at their common borders signed at Schengen on 19 June 1990, to which the Italian Republic, the Kingdom of
Spain and the Portuguese Republic, and the Hellenic Republic acceded by the Agreements signed on 27
November 1990, on 25 June 1991 and on 6 November 1992 respectively, the Government of the Republic of
Austria has subscribed to the Final Act, the Minutes and the Joint Declaration by the Ministers and State
Secretaries which were signed at the time of signing the 1990 Convention.

The Government of the Republic of Austria has subscribed to the Joint Declarations and has taken note of the
unilateral Declarations contained therein.

The Government of the Grand Duchy of Luxembourg shall transmit to the Government of the Republic of
Austria a certified copy of the Final Act, the Minutes and the Joint Declaration by the Ministers and State
Secretaries which were signed at the time of signing the 1990 Convention, in the Dutch, French, German, Greek,
Italian, Portuguese and Spanish languages.

II. At the time of signing the Agreement on the Accession of the Republic of Austria to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of
the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the
gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, to which
the Italian Republic, the Kingdom of Spain and the Portuguese Republic, and the Hellenic Republic
acceded by the Agreements signed on 27 November 1990, on 25 June 1991 and on 6 November
1992 respectively, the Contracting Parties have adopted the following Declarations:

1.

Joint Declaration on Article 5 of the Accession Agreement

The Contracting Parties shall, prior to the entry into force of the Accession Agreement, inform
each other of all circumstances that could have a significant bearing on the areas covered by the
1990 Convention and on the bringing into force of the Accession Agreement.

The Accession Agreement shall not be brought into force between the States for which the 1990
Convention has been brought into force and the Republic of Austria until the preconditions for
implementation of the 1990 Convention have been fulfilled in all these States and checks at the
external borders are effective there.

With regard to each of the other States, this Accession Agreement shall not be brought into force
until the preconditions for the implementation of the 1990 Convention have been fulfilled in that
State and checks at the external borders are effective there.

2.

Joint Declaration on Article 9(2) of the 1990 Convention

The Contracting Parties specify that at the time of signing the Agreement on the Accession of the Republic
of Austria to the 1990 Convention, the common visa arrangements referred to in Article 9(2) of the 1990
Convention shall be taken to mean the common arrangements applied by the Signatory Parties to the said
Convention since 19 June 1990.

22.9.2000

EN

Official Journal of the European Communities

95

III. The Contracting Parties have taken note of the Declaration by the Republic of Austria on the Agreements on the
Accession of the Italian Republic, the Kingdom of Spain, the Portuguese Republic, and the Hellenic Republic.

The Government of the Republic of Austria takes note of the contents of the Agreements on the Accession of the
Italian Republic, the Kingdom of Spain and the Portuguese Republic, and the Hellenic Republic to the 1990
Convention, signed on 27 November 1990, on 25 June 1991 and on 6 November 1992 respectively and of the
contents of the Final Acts and Declarations annexed to the said Agreements.

The Government of the Grand Duchy of Luxembourg shall transmit a certified copy of the abovementioned
instruments to the Government of the Republic of Austria.

Done at Brussels this twenty-eighth day of April in the year one thousand nine hundred and ninety-five in
a single original in the Dutch, French, German, Greek, Italian, Portuguese and Spanish languages, all seven
texts being equally authentic, such original remaining deposited in the archives of the Government of the
Grand Duchy of Luxembourg, which shall transmit a certified copy to each of the Contracting Parties.

For the Government of the Kingdom of Belgium

For the Government of the Federal Republic of Germany

For the Government of the Hellenic Republic

For the Government of the Kingdom of Spain

96

EN

Official Journal of the European Communities

22.9.2000

For the Government of the French Republic

For the Government of the Italian Republic

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

For the Government of the Republic of Austria

For the Government of the Portuguese Republic

22.9.2000

EN

Official Journal of the European Communities

97

AGREEMENT ON THE ACCESSION OF THE KINGDOM OF DENMARK

to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual
abolition of checks at the common borders signed at Schengen on 19 June 1990

The KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC, the GRAND DUCHY
OF LUXEMBOURG and the KINGDOM OF THE NETHERLANDS, Parties to the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders signed at
Schengen on 19 June 1990, hereinafter referred to as (cid:145)the 1990 Convention(cid:146), as well as the Italian Republic, the
Kingdom of Spain and the Portuguese Republic, the Hellenic Republic, and the Republic of Austria, which acceded to
the 1990 Convention by the Agreements signed on 27 November 1990, on 25 June 1991, on 6 November 1992 and
on 28 April 1995 respectively,

of the one part,

and the KINGDOM OF DENMARK, of the other part,

Having regard to the signature done at Luxembourg on this nineteenth day of December in the year one thousand nine
hundred and ninety-six of the Protocol on the Accession of the Government of the Kingdom of Denmark to the
Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the
Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, as
amended by the Protocols on the Accession of the Governments of the Italian Republic, the Kingdom of Spain and the
Portuguese Republic, the Hellenic Republic, and the Republic of Austria, signed on 27 November 1990, 25 June 1991,
on 6 November 1992 and on 28 April 1995 respectively,

On the basis of Article 140 of the 1990 Convention,

HAVE AGREED AS FOLLOWS:

Article 1

psychotropic substances, trafficking in arms and explosives,
and the illicit transportation of toxic and hazardous waste.

The Kingdom of Denmark hereby accedes to the 1990 Convention.

Article 2

At

the date of signing this Agreement,

1.
the officers
referred to in Article 40(4) of the 1990 Convention as regards
the Kingdom of Denmark shall be:

(a) Politijenestemaend hos lokale politimestre og hos Rigspolitichefen
(police officers working for local Chief Constables and for
the Office of the Commissioner of Police;

At

the date of signing this Agreement,

2.
the authority
referred to in Article 40(5) of the 1990 Convention as regards
the Kingdom of Denmark shall be the Rigspolitichefen (Office of
the Commissioner of Police).

Article 3

As the date of signing this Agreement, the officers referred to
in Article 41(7) of
the 1990 Convention as regards the
Kingdom of Denmark shall be:

1. Politijenestemaend hos lokale politimestre og hos Rigspolitichefen
(police officers working for local Chief Constables and for
the Office of the Commissioner of Police;

(b) customs officers, under

laid down in
appropriate bilateral agreements referred to in Article 40(6)
of
to their powers
trafficking in narcotic drugs and
regarding the illicit

the 1990 Convention, with respect

the conditions

2. customs officers, under

the conditions

appropriate bilateral agreements

laid down in
referred to in Article

98

EN

Official Journal of the European Communities

22.9.2000

41(10) of
to their
the 1990 Convention, with respect
powers regarding the illicit trafficking in narcotic drugs
trafficking in arms and
and psychotropic substances,
explosives, and the illicit
toxic and
hazardous waste.

transportation of

Article 4

At the date of signing this Agreement, the competent Ministry
referred to in Article 65(2) of the 1990 Convention as regards
the Kingdom of Denmark shall be the Justitsministeriet (Ministry
of Justice).

Article 5

The provisions of this Agreement shall not apply to the Faeroe

1.
Islands or to Greenland.

2.
Taking into account the fact that the Faeroe Islands and
Greenland apply the provisions on the movement of persons
laid down within the framework of the Nordic Passport Union,
persons travelling between the Faeroe Islands or Greenland, of
the one part, and the States parties to the 1990 Convention
and the Cooperation Agreement with the Republic of Iceland
and the Kingdom of Norway, of the other part, shall not be
subject to border checks.

Article 6

Article 7

1.
This Agreement shall be subject to ratification, acceptance or
approval. The instruments of ratification, acceptance or approval shall
the Grand Duchy of
be deposited with the Government of
Luxembourg, which shall notify all the Contracting Parties thereof.

2.
This Agreement shall enter into force on the first day of the
second month following the deposit of the instruments of ratification,
acceptance or approval by the States for which the 1990 Convention
has entered into force and by the Kingdom of Denmark.

the second month following the deposit of

With regard to other States, this Agreement shall enter into force on
the first day of
their
instruments of ratification, acceptance or approval, provided that this
Agreement has entered into force in accordance with the provisions of
the preceding subparagraph.

The Government of

3.
notify each of the Contracting Parties of the date of entry into force.

the Grand Duchy of Luxembourg shall

Article 8

The Government of

1.
the Grand Duchy of Luxembourg shall
transmit to the Government of the Kingdom of Denmark a certified
copy of the 1990 Convention in the Dutch, French, German, Greek,
Italian, Portuguese and Spanish languages.

shall not prejudice
The provisions of
this Agreement
cooperation within the framework of
the Nordic Passport
Union, insofar as such cooperation does not conflict with, or
impede, the application of this Agreement.

2.
The text of the 1990 Convention drawn up in the Danish
language is annexed to this Agreement and shall be authentic under
the same conditions as the texts of the 1990 Convention drawn up
Italian, Portuguese and
in the Dutch, French, German, Greek,
Spanish languages.

In witness whereof, the undersigned, duly authorised to this effect, have signed this Agreement.

Done at Luxembourg this nineteenth day of December in the year one thousand nine hundred and
Italian, Portuguese and
ninety-six in a single original
Spanish languages, all eight texts being equally authentic, such original remaining deposited in the
archives of the Government of the Grand Duchy of Luxembourg, which shall transmit a certified copy to
each of the Contracting Parties.

in the Danish, Dutch, French, German, Greek,

For the Government of the Kingdom of Belgium

For the Government of the Kingdom of Denmark

22.9.2000

EN

Official Journal of the European Communities

99

For the Government of the Federal Republic of Germany

For the Government of the Hellenic Republic

For the Government of the Kingdom of Spain

For the Government of the French Republic

For the Government of the Italian Republic

100

EN

Official Journal of the European Communities

22.9.2000

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

For the Government of the Republic of Austria

For the Government of the Portuguese Republic

22.9.2000

EN

Official Journal of the European Communities

101

FINAL ACT

I. At the time of signing the Agreement on the Accession of

the Kingdom of Denmark to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks
at their common borders signed at Schengen on 19 June 1990, to which the Italian Republic, the Kingdom of
Spain and the Portuguese Republic,
the Hellenic Republic, and the Kingdom of Austria acceded by the
Agreements signed on 27 November 1990, on 25 June 1991, on 6 November 1992 and on 28 April 1995
respectively, the Government of the Kingdom of Denmark has subscribed to the Final Act, the Minutes and the
Joint Declaration by the Ministers and State Secretaries which were signed at the time of signing the 1990
Convention.

The Government of the Kingdom of Denmark has subscribed to the Joint Declarations and has taken note of the
unilateral Declarations contained therein.

The Government of the Grand Duchy of Luxembourg shall transmit to the Government of the Kingdom of
Denmark a certified copy of the Final Act, the Minutes and the Joint Declaration by the Ministers and State
Secretaries which were signed at the time of signing the 1990 Convention,
in the Danish, Dutch, French,
German, Greek, Italian, Portuguese and Spanish languages.

II. At

the time of signing the Agreement on the Accession of

the Kingdom of Denmark to the
Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the
States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on
the gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, to
which the Italian Republic, the Kingdom of Spain and the Portuguese Republic, the Hellenic Republic,
and the Kingdom of Austria acceded by the Agreements signed on 27 November 1990, on 25 June
1991, on 6 November 1992 and on 28 April 1995 respectively, the Contracting Parties have adopted
the following Declarations:

1.

Joint Declaration on Article 7 of the Accession Agreement

The Contracting Parties shall, prior to the entry into force of the Accession Agreement, inform
each other of all circumstances that could have a significant bearing on the areas covered by the
1990 Convention and on the bringing into force of the Accession Agreement.

This Accession Agreement shall be brought into force between the States for which the 1990
Convention has been brought into force and the Kingdom of Denmark when the preconditions
for implementation of the 1990 Convention have been fulfilled in all these States and checks at
the external borders are effective there, and once the Executive Committee has established that the
rules which it deems necessary for the implementation of effective control and surveillance
measures at
the Faroe Islands and Greenland and the necessary
compensatory measures, including the implementation of the Schengen Information System (SIS),
have been applied and are effective.

the external borders of

With regard to each of the other States, this Accession Agreement shall be brought into force
when the preconditions for the implementation of the 1990 Convention have been fulfilled in that
State and when checks at the external borders are effective there.

2.

Joint Declaration on Article 9(2) of the 1990 Convention

The Contracting Parties specify that at the time of signing the Agreement on the Accession of the Kingdom
of Denmark to the 1990 Convention, the common visa arrangements referred to in Article 9(2) of the
1990 Convention shall be taken to mean the common arrangements applied by the Signatory Parties to the
said Convention since 19 June 1990.

102

EN

Official Journal of the European Communities

22.9.2000

3.

Joint Declaration on the Convention drawn up on the basis of Article K.3 of the Treaty on
European Union relating to extradition

The States party to the 1990 Convention hereby confirm that Article 5(4) of the Convention
drawn up on the basis of Article K.3 of the Treaty on European Union relating to extradition
between the Member States of the European Union, signed at Dublin on 27 September 1996, and
their respective Declarations annexed to the said Convention, shall apply within the framework of
the 1990 Convention.

III. The Contracting Parties have taken note of the Declarations by the Kingdom of Denmark on the Agreements on
the Accession of the Italian Republic, the Kingdom of Spain, the Portuguese Republic, the Hellenic Republic, and
the Republic of Austria.

The Government of the Kingdom of Denmark takes note of the contents of the Agreements on the Accession of
the Italian Republic, the Kingdom of Spain and the Portuguese Republic, the Hellenic Republic, and the Republic
of Austria to the 1990 Convention, signed on 27 November 1990, on 25 June 1991, on 6 November 1992
and on 28 April 1995 respectively, and of the contents of the Final Acts and Declarations annexed to the said
Agreements.

The Government of the Grand Duchy of Luxembourg shall transmit a certified copy of the abovementioned
instruments to the Government of the Kingdom of Denmark.

Declaration by the Kingdom of Denmark on the Agreements on the Accession of the Republic of Finland and
the Kingdom of Sweden to the 1990 Convention

At the time of signing this Agreement, the Kingdom of Denmark takes note of the contents of the Agreements
on the Accession of the Republic of Finland and the Kingdom of Sweden to the 1990 Convention and of the
contents of the related Final Acts and Declarations.

Done at Luxembourg, this nineteenth day of December in the year one thousand nine hundred and
ninety-six in a single original
Italian, Portuguese and
Spanish languages, all eight texts being equally authentic, such original remaining deposited in the
archives of the Government of the Grand Duchy of Luxembourg, which shall transmit a certified copy to
each of the Contracting Parties.

in the Danish, Dutch, French, German, Greek,

For the Government of the Kingdom of Belgium

For the Government of the Kingdom of Denmark

22.9.2000

EN

Official Journal of the European Communities

103

For the Government of the Federal Republic of Germany

For the Government of the Hellenic Republic

For the Government of the Kingdom of Spain

For the Government of the French Republic

For the Government of the Italian Republic

104

EN

Official Journal of the European Communities

22.9.2000

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

For the Government of the Republic of Austria

For the Government of the Portuguese Republic

22.9.2000

EN

Official Journal of the European Communities

105

DECLARATION BY THE MINISTERS AND STATE SECRETARIES

On the nineteenth day of December in the year one thousand nine hundred and ninety-six, the representatives of the
Governments of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic
Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the
Kingdom of the Netherlands, the Republic of Austria and the Portuguese Republic signed at Luxembourg the
Agreement on the Accession of the Kingdom of Denmark to the Convention implementing the Schengen Agreement
of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of checks at their common borders, signed at Schengen
on 19 June 1990, to which the Italian Republic, the Kingdom of Spain and the Portuguese Republic, the Hellenic
Republic, and the Republic of Austria acceded by the Agreements signed on 27 November 1990, on 25 June 1991,
on 6 November 1992 and on 28 April 1995 respectively.

the Government of

the representative of

They noted that
for the
Declaration made at Schengen on 19 June 1990 by the Ministers and State Secretaries representing the Governments
of the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg
and the Kingdom of the Netherlands and for the decision confirmed on the same date upon signature of the
Convention implementing the Schengen Agreement, which Declaration and decision the Governments of the Italian
Republic, the Kingdom of Spain, the Portuguese Republic, the Hellenic Republic and the Republic of Austria have
also supported.

the Kingdom of Denmark declared support

106

EN

Official Journal of the European Communities

22.9.2000

AGREEMENT ON THE ACCESSION OF THE REPUBLIC OF FINLAND

to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual
abolition of checks at the common borders signed at Schengen on 19 June 1990

The KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC, the GRAND DUCHY
OF LUXEMBOURG and the KINGDOM OF THE NETHERLANDS, Parties to the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders signed at
Schengen on 19 June 1990, hereinafter referred to as (cid:145)the 1990 Convention(cid:146), as well as the Italian Republic, the
Kingdom of Spain and the Portuguese Republic, the Hellenic Republic, and the Republic of Austria, which acceded to
the 1990 Convention by the Agreements signed on 27 November 1990, on 25 June 1991, on 6 November 1992 and
on 28 April 1995 respectively,

of the one part,

and the REPUBLIC OF FINLAND, of the other part,

Having regard to the signature done at Luxembourg on this nineteenth day of December in the year one thousand nine
hundred and ninety-six of the Protocol on the Accession of the Government of the Republic of Finland to the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, as
amended by the Protocols on the Accession of the Governments of the Italian Republic, the Kingdom of Spain and the
Portuguese Republic, the Hellenic Republic, and the Republic of Austria, signed on 27 November 1990, 25 June 1991,
on 6 November 1992 and on 28 April 1995 respectively,

On the basis of Article 140 of the 1990 Convention,

HAVE AGREED AS FOLLOWS:

Article 1

trafficking in human beings referred to in Article 40(7) of
the 1990 Convention;

The Republic of Finland hereby accedes to the 1990 Convention.

Article 2

(c) Tullimiehet (cid:151) tulltj(cid:228)nstem(cid:228)n (customs officers), under the
conditions laid down in appropriate bilateral agreements
referred to in Article 40(6) of the 1990 Convention, with
respect to their powers regarding the illicit trafficking in
narcotic drugs and psychotropic substances, trafficking in
arms and explosives, and the illicit transportation of toxic
and hazardous waste.

At

the date of signing this Agreement,

the officers
1.
referred to in Article 40(4) of the 1990 Convention as regards
the Republic of Finland shall be:

At

the date of signing this Agreement,

the authority
2.
referred to in Article 40(5) of the 1990 Convention as regards
the Rebublic of Finland shall be the Keskusrikospoliisi (cid:151)
Centralkriminalpolisen (the National Bureau of Investigation).

(a) Poliisin virkamiehist(cid:228) poliisimiehet (cid:151) av polisens tj(cid:228)nstem(cid:228)n

polism(cid:228)n (officers of the police);

Article 3

(b) Rajavartiolaitoksen

rajavartiomiehet (cid:151) av
gr(cid:228)nsbevakningsv(cid:228)sendets
gr(cid:228)nsbevakningsm(cid:228)n
(frontier guard officials of the Frontier Guard), as regards

virkamiehist(cid:228)

tj(cid:228)nstem(cid:228)n

As the date of signing this Agreement, the officers referred to
in Article 41(7) of
the 1990 Convention as regards the
Republic of Finland shall be:

22.9.2000

EN

Official Journal of the European Communities

107

(1) Poliisin virkamiehist(cid:228) poliisimiehet (cid:151) av polisens tj(cid:228)nstem(cid:228)n

Article 6

polism(cid:228)n (officers of the police);

(2) Rajavartiolaitoksen

virkamiehist(cid:228)

rajavartiomiehet (cid:151) av
gr(cid:228)nsbevakningsm(cid:228)n
gr(cid:228)nsbevakningsv(cid:228)sendets
(frontier guard officials of the Frontier Guard), as regards
trafficking in human beings referred to in Article 40(7) of
the 1990 Convention;

tj(cid:228)nstem(cid:228)n

(3) Tullimiehet (cid:151) tulltj(cid:228)nstem(cid:228)n (customs officers), under the
conditions laid down in appropriate bilateral agreements
referred to in Article 41(10) of the 1990 Convention, with
respect to their powers regarding the illicit trafficking in
narcotic drugs and psychotropic substances, trafficking in
arms and explosives, and the illicit transportation of toxic
and hazardous waste.

Article 4

At the date of signing this Agreement, the competent Ministry
referred to in Article 65(2) of the 1990 Convention as regards
the Republic of Finland shall be the Oikeusministeri(cid:246) (cid:151)
Justitieministeriet (Ministry of Justice).

Article 5

1.
This Agreement shall be subject to ratification, acceptance or
approval. The instruments of ratification, acceptance or approval shall
be deposited with the Government of
the Grand Duchy of
Luxembourg, which shall notify all the Contracting Parties thereof.

2.
This Agreement shall enter into force on the first day of the
second month following the deposit of the instruments of ratification,
acceptance or approval by the States for which the 1990 Convention
has entered into force and by the Republic of Finland.

the second month following the deposit of

With regard to other States, this Agreement shall enter into force on
their
the first day of
instruments of ratification, acceptance or approval, provided that this
Agreement has entered into force in accordance with the provisions of
the preceding subparagraph.

The Government of

3.
notify each of the Contracting Parties of the date of entry into force.

the Grand Duchy of Luxembourg shall

Article 7

The Government of

1.
the Grand Duchy of Luxembourg shall
transmit to the Government of the Republic of Finland a certified
copy of the 1990 Convention in the Dutch, French, German, Greek,
Italian, Portuguese and Spanish languages.

shall not prejudice
this Agreement
The provisions of
cooperation within the framework of
the Nordic Passport
Union, insofar as such cooperation does not conflict with, or
impede, the application of this Agreement.

2.
The text of the 1990 Convention drawn up in the Finnish
language is annexed to this Agreement and shall be authentic under
the same conditions as the texts of the 1990 Convention drawn up
in the Dutch, French, German, Greek,
Italian, Portuguese and
Spanish languages.

In witness whereof, the undersigned, duly authorised to this effect, have signed this Agreement.

Done at Luxembourg this nineteenth day of December in the year one thousand nine hundred and
ninety-six in a single original
in the Dutch, Finnish, French, German, Greek, Italian, Portuguese and
Spanish languages, all eight texts being equally authentic, such original remaining deposited in the
archives of the Government of the Grand Duchy of Luxembourg, which shall transmit a certified copy to
each of the Contracting Parties.

For the Government of the Kingdom of Belgium

108

EN

Official Journal of the European Communities

22.9.2000

For the Government of the Federal Republic of Germany

For the Government of the Hellenic Republic

For the Government of the Kingdom of Spain

For the Government of the French Republic

For the Government of the Italian Republic

For the Government of the Grand Duchy of Luxembourg

22.9.2000

EN

Official Journal of the European Communities

109

For the Government of the Kingdom of the Netherlands

For the Government of the Republic of Austria

For the Government of the Portuguese Republic

For the Government of the Republic of Finland

110

EN

Official Journal of the European Communities

22.9.2000

FINAL ACT

I. At

the time of signing the Agreement on the Accession of

the Republic of Finland to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks
at their common borders signed at Schengen on 19 June 1990, to which the Italian Republic, the Kingdom of
Spain and the Portuguese Republic,
the Hellenic Republic, and the Kingdom of Austria acceded by the
Agreements signed on 27 November 1990, on 25 June 1991, on 6 November 1992 and on 28 April 1995
respectively, the Government of the Republic of Finland has subscribed to the Final Act, the Minutes and the
Joint Declaration by the Ministers and State Secretaries which were signed at the time of signing the 1990
Convention.

The Government of the Republic of Finland has subscribed to the Joint Declarations and has taken note of the
unilateral Declarations contained therein.

The Government of the Grand Duchy of Luxembourg shall transmit to the Government of the Republic of
Finland a certified copy of the Final Act, the Minutes and the Joint Declaration by the Ministers and State
Secretaries which were signed at the time of signing the 1990 Convention,
in the Dutch, Finnish, French,
German, Greek, Italian, Portuguese and Spanish languages.

II. At the time of signing the Agreement on the Accession of the Republic of Finland to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of
the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the
gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, to which
the Italian Republic, the Kingdom of Spain and the Portuguese Republic, the Hellenic Republic, and
the Kingdom of Austria acceded by the Agreements signed on 27 November 1990, on 25 June 1991,
on 6 November 1992 and on 28 April 1995 respectively, the Contracting Parties have adopted the
following Declarations:

1.

Joint Declaration on Article 6 of the Accession Agreement

The Contracting Parties shall, prior to the entry into force of the Accession Agreement, inform
each other of all circumstances that could have a significant bearing on the areas covered by the
1990 Convention and on the bringing into force of the Accession Agreement.

This Accession Agreement shall be brought into force between the States for which the 1990
Convention has been brought into force and the Republic of Finland when the preconditions for
implementation of the 1990 Convention have been fulfilled in all these States and checks at the
external borders are effective there.

With regard to each of the other States, this Accession Agreement shall be brought into force
when the preconditions for the implementation of the 1990 Convention have been fulfilled in that
State and when checks at the external borders are effective there.

2.

Joint Declaration on Article 9(2) of the 1990 Convention

The Contracting Parties specify that at the time of signing the Agreement on the Accession of the Republic
of Finland to the 1990 Convention, the common visa arrangements referred to in Article 9(2) of the 1990
Convention shall be taken to mean the common arrangements applied by the Signatory Parties to the said
Convention since 19 June 1990.

3.

Joint Declaration on the Convention drawn up on the basis of Article K.3 of the Treaty on
European Union relating to extradition

22.9.2000

EN

Official Journal of the European Communities

111

The States party to the 1990 Convention hereby confirm that Article 5(4) of the Convention
drawn up on the basis of Article K.3 of the Treaty on European Union relating to extradition
between the Member States of the European Union, signed at Dublin on 27 September 1996, and
their respective Declarations annexed to the said Convention, shall apply within the framework of
the 1990 Convention.

III. The Contracting Parties have taken note of the Declarations by the Republic of Finland on the Agreements on
the Accession of the Italian Republic, the Kingdom of Spain, the Portuguese Republic, the Hellenic Republic, and
the Republic of Austria.

The Government of the Republic of Finland takes note of the contents of the Agreements on the Accession of the
Italian Republic, the Kingdom of Spain and the Portuguese Republic, the Hellenic Republic, and the Republic of
Austria to the 1990 Convention, signed on 27 November 1990, on 25 June 1991, on 6 November 1992 and
on 28 April 1995 respectively, and of the contents of the Final Acts and Declarations annexed to the said
Agreements.

The Government of the Grand Duchy of Luxembourg shall transmit a certified copy of the abovementioned
instruments to the Government of the Republic of Finland.

Declaration by the Republic of Finland on the Agreements on the Accession of the Kingdom of Denmark and
the Kingdom of Sweden to the 1990 Convention

At the time of signing this Agreement, the Republic of Finland takes note of the contents of the Agreements on
the Accession of the Kingdom of Denmark and the Kingdom of Sweden to the 1990 Convention and of the
contents of the related Final Acts and Declarations.

Declaration by the Government of the Republic of Finland on the ¯land islands

The Republic of Finland hereby declares that the obligations arising from Article 2 of Protocol 2 to the Act
concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of
Sweden and the adjustments to the Treaties on which the European Union is found relating to the ¯land islands
shall be complied with when implementing the 1990 Convention.

Done at Luxembourg this nineteenth day of December in the year one thousand nine hundred and
ninety-six in a single original
Italian, Portuguese and
Spanish languages, all eight texts being equally authentic, such original remaining deposited in the
archives of the Government of the Grand Duchy of Luxembourg, which shall transmit a certified copy to
each of the Contracting Parties.

in the Dutch, Finnish, French, German, Greek,

For the Government of the Kingdom of Belgium

112

EN

Official Journal of the European Communities

22.9.2000

For the Government of the Federal Republic of Germany

For the Government of the Hellenic Republic

For the Government of the Kingdom of Spain

For the Government of the French Republic

For the Government of the Italian Republic

For the Government of the Grand Duchy of Luxembourg

22.9.2000

EN

Official Journal of the European Communities

113

For the Government of the Kingdom of the Netherlands

For the Government of the Republic of Austria

For the Government of the Portuguese Republic

For the Government of the Republic of Finland

114

EN

Official Journal of the European Communities

22.9.2000

DECLARATION BY THE MINISTERS AND STATE SECRETARIES

On the nineteenth day of December in the year one thousand nine hundred and ninety-six, the representatives of the
Governments of the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of
Spain, the Republic of Finland, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the
Kingdom of
the Netherlands, the Republic of Austria and the Portuguese Republic signed at Luxembourg the
Agreement on the Accession of the Republic of Finland to the Convention implementing the Schengen Agreement of
14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of checks at their common borders, signed at Schengen
on 19 June 1990, to which the Italian Republic, the Kingdom of Spain and the Portuguese Republic, the Hellenic
Republic, and the Republic of Austria acceded by the Agreements signed on 27 November 1990, on 25 June 1991,
on 6 November 1992 and on 28 April 1995 respectively.

They noted that the representative of the Government of the Republic of Finland declared support for the Declaration
made at Schengen on 19 June 1990 by the Ministers and State Secretaries representing the Governments of the
Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and
the Kingdom of the Netherlands and for the decision confirmed on the same date upon signature of the Convention
implementing the Schengen Agreement, which Declaration and decision the Governments of the Italian Republic, the
Kingdom of Spain, the Portuguese Republic, the Hellenic Republic and the Republic of Austria have also supported.

22.9.2000

EN

Official Journal of the European Communities

115

AGREEMENT ON THE ACCESSION OF THE KINGDOM OF SWEDEN

to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual
abolition of checks at the common borders signed at Schengen on 19 June 1990

The KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC, the GRAND DUCHY
OF LUXEMBOURG and the KINGDOM OF THE NETHERLANDS, Parties to the Convention implementing the Schengen
Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of checks at their common borders signed at
Schengen on 19 June 1990, hereinafter referred to as (cid:145)the 1990 Convention(cid:146), as well as the Italian Republic, the
Kingdom of Spain and the Portuguese Republic, the Hellenic Republic, and the Republic of Austria, which acceded to
the 1990 Convention by the Agreements signed on 27 November 1990, on 25 June 1991, on 6 November 1992 and
on 28 April 1995 respectively,

of the one part,

and the KINGDOM OF SWEDEN, of the other part,

Having regard to the signature done at Luxembourg on this nineteenth day of December in the year one thousand nine
hundred and ninety-six of the Protocol on the Accession of the Government of the Kingdom of Sweden to the
Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the
Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, as
amended by the Protocols on the Accession of the Governments of the Italian Republic, the Kingdom of Spain and the
Portuguese Republic, the Hellenic Republic, and the Republic of Austria, signed on 27 November 1990, 25 June 1991,
on 6 November 1992 and on 28 April 1995 respectively,

On the basis of Article 140 of the 1990 Convention,

HAVE AGREED AS FOLLOWS:

Article 1

The Kingdom of Sweden hereby accedes to the 1990 Convention.

Article 2

At

the date of signing this Agreement,

1.
the officers
referred to in Article 40(4) of the 1990 Convention as regards
the Kingdom of Sweden shall be:

(c) Tj(cid:228)nstem(cid:228)n anst(cid:228)llda

vid den svenska Kustbevakningen i
samband med (cid:246)vervakning till sj(cid:246)ss (officers of the Swedish
Coast Guard responsible for sea surveillance).

At

the date of signing this Agreement,

2.
the authority
referred to in Article 40(5) of the 1990 Convention as regards
the Kingdom of Sweden shall be the Rikspolisstyrelsen (the
Swedish National Police Board).

Article 3

(a) Polism(cid:228)n som (cid:228)r anst(cid:228)llda av svenska polismyndigheter (police

officers of the Swedish police authorities);

(b) Tulltj(cid:228)nstem(cid:228)n, som (cid:228)r anst(cid:228)llda av svensk tullmyndighet i de
fall de har polisiara befogenheter, dvs framst i samband med
smugglingsbrott och andra brott
i samband med inresa och
utresa till och fran riket
(customs officers of the Swedish
customs authorities, when working in a police capacity,
mainly to deal with smuggling-related offences and other
offences linked to entry to and exit from the country);

As the date of signing this Agreement, the officers referred to
in Article 41(7) of
the 1990 Convention as regards the
Kingdom of Sweden shall be:

(1) Polism(cid:228)n som (cid:228)r anst(cid:228)llda av svenska polismyndigheter (police

officers of the Swedish police authorities);

116

EN

Official Journal of the European Communities

22.9.2000

(2) Tulltj(cid:228)nstem(cid:228)n, som (cid:228)r anst(cid:228)llda av svensk tullmyndighet i de
fall de har polisiara befogenheter, dvs framst i samband med
i samband med inresa och
smugglingsbrott och andra brott
utresa till och fran riket
(customs officers of the Swedish
customs authorities, when working in a police capacity,
mainly to deal with smuggling-related offences and other
offences linked to entry to and exit from the country).

Article 4

At the date of signing this Agreement, the competent Ministry
referred to in Article 65(2) of the 1990 Convention as regards
the Kingdom of Sweden shall be the Utrikesdepartementet
(Ministry of Foreign Affairs).

2.
This Agreement shall enter into force on the first day of the
second month following the deposit of the instruments of ratification,
acceptance or approval by the States for which the 1990 Convention
has entered into force and by the Kingdom of Sweden.

the second month following the deposit of

With regard to other States, this Agreement shall enter into force on
the first day of
their
instruments of ratification, acceptance or approval, provided that this
Agreement has entered into force in accordance with the provisions of
the preceding subparagraph.

The Government of

3.
notify each of the Contracting Parties of the date of entry into force.

the Grand Duchy of Luxembourg shall

Article 5

Article 7

The provisions of
this Agreement
shall not prejudice
the Nordic Passport
cooperation within the framework of
Union, in so far as such cooperation does not conflict with, or
impede, the application of this Agreement.

Article 6

The Government of

1.
the Grand Duchy of Luxembourg shall
transmit to the Government of the Kingdom of Sweden a certified
copy of the 1990 Convention in the Dutch, French, German, Greek,
Italian, Portuguese and Spanish languages.

This Agreement shall be subject to ratification, acceptance or
1.
approval. The instruments of ratification, acceptance or approval shall
be deposited with the Government of
the Grand Duchy of
Luxembourg, which shall notify all the Contracting Parties thereof.

2.
The text of the 1990 Convention drawn up in the Swedish
language is annexed to this Agreement and shall be authentic under
the same conditions as the texts of the 1990 Convention drawn up
in the Dutch, French, German, Greek,
Italian, Portuguese and
Spanish languages.

In witness whereof, the undersigned, duly authorised to this effect, have signed this Agreement.

Done at Luxembourg this nineteenth day of December in the year one thousand nine hundred and
in the Dutch, French, German, Greek, Italian, Portuguese, Spanish and
ninety-six in a single original
Swedish languages, all eight texts being equally authentic, such original remaining deposited in the
archives of the Government of the Grand Duchy of Luxembourg, which shall transmit a certified copy to
each of the Contracting Parties.

For the Government of the Kingdom of Belgium

22.9.2000

EN

Official Journal of the European Communities

117

For the Government of the Federal Republic of Germany

For the Government of the Hellenic Republic

For the Government of the Kingdom of Spain

For the Government of the French Republic

For the Government of the Italian Republic

For the Government of the Grand Duchy of Luxembourg

118

EN

Official Journal of the European Communities

22.9.2000

For the Government of the Kingdom of the Netherlands

For the Government of the Republic of Austria

For the Government of the Portuguese Republic

For the Government of the Kingdom of Sweden

22.9.2000

EN

Official Journal of the European Communities

119

FINAL ACT

I. At

the time of signing the Agreement on the Accession of

the Kingdom of Sweden to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks
at their common borders signed at Schengen on 19 June 1990, to which the Italian Republic, the Kingdom of
Spain and the Portuguese Republic,
the Hellenic Republic, and the Kingdom of Austria acceded by the
Agreements signed on 27 November 1990, on 25 June 1991, on 6 November 1992 and on 28 April 1995
respectively, the Government of the Kingdom of Sweden has subscribed to the Final Act, the Minutes and the
Joint Declaration by the Ministers and State Secretaries which were signed at the time of signing the 1990
Convention.

The Government of the Kingdom of Sweden has subscribed to the Joint Declarations and has taken note of the
unilateral Declarations contained therein.

The Government of the Grand Duchy of Luxembourg shall transmit to the Government of the Kingdom of
Sweden a certified copy of the Final Act, the Minutes and the Joint Declaration by the Ministers and State
Secretaries which were signed at the time of signing the 1990 Convention, in the Dutch, French, German, Greek,
Italian, Portuguese, Spanish and Swedish languages.

II. At the time of signing the Agreement on the Accession of the Kingdom of Sweden to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of
the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the
gradual abolition of checks at their common borders signed at Schengen on 19 June 1990, to which
the Italian Republic, the Kingdom of Spain and the Portuguese Republic, the Hellenic Republic, and
the Kingdom of Austria acceded by the Agreements signed on 27 November 1990, on 25 June 1991,
on 6 November 1992 and on 28 April 1995 respectively, the Contracting Parties have adopted the
following Declarations:

1.

Joint Declaration on Article 6 of the Accession Agreement

The Contracting Parties shall, prior to the entry into force of the Accession Agreement, inform
each other of all circumstances that could have a significant bearing on the areas covered by the
1990 Convention and on the bringing into force of the Accession Agreement.

This Accession Agreement shall be brought into force between the States for which the 1990
Convention has been brought into force and the Kingdom of Sweden when the preconditions for
implementation of the 1990 Convention have been fulfilled in all these States and checks at the
external borders are effective there.

With regard to each of the other States, this Accession Agreement shall be brought into force
when the preconditions for the implementation of the 1990 Convention have been fulfilled in that
State and when checks at the external borders are effective there.

2.

Joint Declaration on Article 9(2) of the 1990 Convention

The Contracting Parties specify that at the time of signing the Agreement on the Accession of the Kingdom
of Sweden to the 1990 Convention, the common visa arrangements referred to in Article 9(2) of the 1990
Convention shall be taken to mean the common arrangements applied by the Signatory Parties to the said
Convention since 19 June 1990.

3.

Joint Declaration on the Convention drawn up on the basis of Article K.3 of the Treaty on
European Union relating to extradition

The States party to the 1990 Convention hereby confirm that Article 5(4) of the Convention
drawn up on the basis of Article K.3 of the Treaty on European Union relating to extradition

120

EN

Official Journal of the European Communities

22.9.2000

between the Member States of the European Union, signed at Dublin on 27 September 1996, and
their respective Declarations annexed to the said Convention, shall apply within the framework of
the 1990 Convention.

III. The Contracting Parties have taken note of the Declarations by the Kingdom of Sweden on the Agreements on
the Accession of the Italian Republic, the Kingdom of Spain, the Portuguese Republic, the Hellenic Republic, and
the Republic of Austria.

The Government of the Kingdom of Sweden takes note of the contents of the Agreements on the Accession of
the Italian Republic, the Kingdom of Spain and the Portuguese Republic, the Hellenic Republic, and the Republic
of Austria to the 1990 Convention, signed on 27 November 1990, on 25 June 1991, on 6 November 1992
and on 28 April 1995 respectively, and of the contents of the Final Acts and Declarations annexed to the said
Agreements.

The Government of the Grand Duchy of Luxembourg shall transmit a certified copy of the abovementioned
instruments to the Government of the Kingdom of Sweden.

Declaration by the Kingdom of Sweden on the Agreements on the Accession of the Kingdom of Denmark and
the Republic of Finland to the 1990 Convention

At the time of signing this Agreement, the Kingdom of Sweden takes note of the contents of the Agreements on
the Accession of the Kingdom of Denmark and the Republic of Finland to the 1990 Convention and of the
contents of the related Final Acts and Declarations.

Done at Luxembourg this nineteenth day of December in the year one thousand nine hundred and
ninety-six in a single original
in the Dutch, French, German, Greek, Italian, Portuguese, Spanish and
Swedish languages, all eight texts being equally authentic, such original remaining deposited in the
archives of the Government of the Grand Duchy of Luxembourg, which shall transmit a certified copy to
each of the Contracting Parties.

For the Government of the Kingdom of Belgium

For the Government of the Federal Republic of Germany

22.9.2000

EN

Official Journal of the European Communities

121

For the Government of the Hellenic Republic

For the Government of the Kingdom of Spain

For the Government of the French Republic

For the Government of the Italian Republic

For the Government of the Grand Duchy of Luxembourg

For the Government of the Kingdom of the Netherlands

122

EN

Official Journal of the European Communities

22.9.2000

For the Government of the Republic of Austria

For the Government of the Portuguese Republic

For the Government of the Kingdom of Sweden

22.9.2000

EN

Official Journal of the European Communities

123

DECLARATION BY THE MINISTERS AND STATE SECRETARIES

On the nineteenth day of December in the year one thousand nine hundred and ninety-six, the representatives of the
Governments of the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of
Spain, the Kingdom of Sweden, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg, the
Kingdom of the Netherlands, the Republic of Austria and the Portuguese Republic signed at Luxembourg the
Agreement on the Accession of the Kingdom of Sweden to the Convention implementing the Schengen Agreement of
14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of checks at their common borders, signed at Schengen
on 19 June 1990, to which the Italian Republic, the Kingdom of Spain and the Portuguese Republic, the Hellenic
Republic, and the Republic of Austria acceded by the Agreements signed on 27 November 1990, on 25 June 1991,
on 6 November 1992 and on 28 April 1995 respectively.

They noted that the representative of the Government of the Kingdom of Sweden declared support for the Declaration
made at Schengen on 19 June 1990 by the Ministers and State Secretaries representing the Governments of the
Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and
the Kingdom of the Netherlands and for the decision confirmed on the same date upon signature of the Convention
implementing the Schengen Agreement, which Declaration and decision the Governments of the Italian Republic, the
Kingdom of Spain, the Portuguese Republic, the Hellenic Republic and the Republic of Austria have also supported.

22.9.2000

EN

Official Journal of the European Communities

125

2. (cid:151) DECISIONS OF THE EXECUTIVE COMMITTEE AND THE
CENTRAL GROUP

(cid:151) DECLARATIONS OF THE CENTRAL GROUP

2.1. HORIZONTAL

22.9.2000

EN

Official Journal of the European Communities

127

DECISION OF THE EXECUTIVE COMMITTEE

of 14 December 1993

concerning the declarations by the Ministers and State Secretaries

(SCH/Com-ex (93)10)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

HAS DECIDED AS FOLLOWS:

The declarations by the Ministers and State Secretaries of 19 June 1992 (*) and 30 June 1993 regarding
the bringing into force of the Implementing Convention and the fulfilment of the prerequisites are hereby
confirmed.

Paris, 14 December 1993.

The Chairman

A. LAMASSOURE

(*) The declarations of 19 June 1992 have not been taken over in the acquis.

128

EN

Official Journal of the European Communities

22.9.2000

Madrid, 30 June 1993.
SCH/M (93) 14

DECLARATION OF THE MINISTERS AND STATE SECRETARIES

1. The Ministers and State Secretaries hereby agree to set the political goal of applying the 1990

Schengen Convention as of 1 December 1993.

2. The Ministers and State Secretaries note that the following preconditions have been fulfilled:

(cid:151) the Common Manual,

(cid:151) the arrangements for issuing the uniform visa and the Common Consular Instructions on Visas,

(cid:151) the examination of applications for asylum,

(cid:151) the airports, as agreed in the Declaration of the Ministers and State Secretaries of 19 June 1992.

Great progress has been made in respect of the other preconditions, which have already been fulfilled
to such an extent that the said application ought to be possible as of 1 December 1993. To this end,
and in compliance with the 1990 Schengen Convention, additional efforts are necessary to give effect
to the agreements already reached on external border controls and drugs.

The Ministers and State Secretaries confirm that an operational SIS is an essential condition for the
abolition of controls at the internal borders. Significant progress has been accomplished in this area.
They agree to step up work to enable the SIS to be brought into operation by degrees as the States
successfully complete the tests and bring their N.SISs into operation.

3. At its meeting in October the Executive Committee will take final stock of progress made in realising

the additional efforts mentioned above.

4. The 1990 Schengen Convention will apply in all

the Member States which have fulfilled the

preconditions and have an operational N.SIS.

To this end, all the Member States undertake to make all the necessary arrangements to complete the
national procedures required for ratification of the Convention and the Accession Agreements.

5. The Ministers and State Secretaries agree that the original Signatory States to the 1990 Schengen
Convention which have not already done so must deposit their instruments of ratification as soon as
possible and at the latest on a date which will allow the deadline set in paragraph 1 to be respected.
Those Member States which have not already done so also agree to deposit, as soon as possible and at
the latest on a date which will allow the deadline set in paragraph 1 to be respected, their instruments
ratifying the Accession Agreements of those States whose N.SISs are being integrated into the system.
This undertaking will also apply as the other acceding States reach the same stage with regard to their
respective N.SISs.

The Ministers and State Secretaries agree that the Declaration on Article 139 in the Final Act of the
Convention implies that
to an Executive
Committee Decision which must be adopted as soon as the preconditions have been fulfilled.

the bringing into force of

the Convention is subject

22.9.2000

EN

Official Journal of the European Communities

129

DECISION OF THE EXECUTIVE COMMITTEE

of 14 December 1993

concerning the confidential nature of certain documents

(SCH/Com-ex (93)22 rev.)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

HAS DECIDED AS FOLLOWS:

1.

Irrespective of the different national legal rules, certain documents must be kept confidential for the
following three reasons:

(cid:151) making some documents public would be directly contrary to the objectives set,

(cid:151) moreover, some documents may contain personal data or a description of administrative

procedures that should not be disclosed,

(cid:151) certain documents may also contain information relating to the production techniques or even the

security of external relations.

2. The following documents shall remain confidential: Annexes 1, 5, 8, 9 and 10 to the Common
Consular Instructions, the list of countries subject to the visa requirement, the Common Manual, the
Sirene Manual, the three documents covered by the decision on narcotic drugs (tightening controls at
external borders (SCH/Stup (92)45), controlled deliveries (SCH/Stup (92)46 rev. 4) and measures on
combating the illicit export of drugs (SCH/Stup (92)72 rev. 3)) (*).

3. The States may incorporate the content of the Common Manual, the Sirene Manual and Annex 1 to
the Common Consular Instructions on Visas (the list of countries subject to the visa requirement) into
their own national instructions and manuals.

Paris, 14 December 1993.

The Chairman

A. LAMASSOURE

(*) See SCH/Com-ex (98)17.

130

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 22 December 1994

on bringing into force the Convention implementing the Schengen Agreement of 19 June 1990

(SCH/Com-ex (94)29 rev. 2)

THE EXECUTIVE COMMITTEE,

Having regard to Article 2 of the Convention implementing
the Schengen Agreement,

(cid:151) the performance of checks at the external borders and
measures to further enhance security at the external
borders
(SCH/Com-ex
8
(94)decl.
SCH/Com-ex (94)16 rev.; SCH/Com-ex (94)23 rev. (*)),

SCH/Com-ex
(94)12 (*);

(93)4 rev. 2 corr (*);

SCH/Com-ex

corr (**);

Having regard to Article 131 of
Convention,

the

abovementioned

(cid:151) the common policy on visas

Having regard to Article 132 of
Convention,

the

abovementioned

regard to Article 139(2)

in conjunction with
Having
paragraphs 1 and 2 of
Joint Declaration I on Article 139
contained in the Final Act of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

The Convention implementing the Schengen Agreement
(hereinafter the (cid:145)Convention(cid:146)) shall be applied irreversibly:

SCH/Com-ex
SCH/Com-ex

(93)6 (**);
(93)19 (**);
(93)21;

(93)7 (*);
(SCH/Com-ex
(93)24;
SCH/Com-ex
SCH/Com-ex
rev.;
SCH/Com-ex (94)2; SCH/Com-ex (94)5 (*);SCH/Com-ex
(94)6 (*); SCH/Com-ex (94)7 (*); SCH/Com-ex (94)20
rev. (*); SCH/Com-ex (94)24) (*)),

SCH/Com-ex

(94)15

(cid:151) the fight against illegal trafficking in narcotic drugs and

psychotropic substances
(SCH/Com-ex (93)9; SCH/Com-ex (94)28 rev.),

(cid:151) responsibility for examining asylum applications
(93)15

(SCH/Com-ex
(94)3 (***); SCH/Com-ex (94)11 (***),

corr. (***);

SCH/Com-ex

1. Bringing into force the rules and regulations

(cid:151) international mutual judicial assistance

(SCH/Com-ex (93)14).

The Convention shall be brought into force in its entirety
on 26 March 1995 for the initial Signatory States namely
the
France,
Belgium, Germany,
Netherlands and the acceding States, Spain and Portugal.

Luxembourg

and

A decision shall be adopted at a later date for the other
States which have acceded to the Convention, namely Italy
the
and Greece,
preconditions for the Convention to be brought into force.

they have

soon as

satisfied

as

From that date onwards all provisions of the Convention
shall apply to relations between the Schengen Contracting
Parties in accordance with the decisions of the Executive
Committee, in particular those relating to:

2. Declaring the Schengen Information System (SIS) operational

(cid:151) the abolition of checks on persons at internal borders,
in particular
to and
restrictions on traffic at road crossings on the internal
borders
(SCH/Com-ex (94)1 rev. 2),

removal of obstacles

the

(cid:151) the

introduction

and

application

of

Schengen

arrangements at airports and aerodromes
(SCH/Com-ex (94)17 rev. 4),

(*)
(**)
(***)

The SIS shall be declared operational and accessible to the
authorities entitled to consult directly the data contained
therein on 26 March 1995.

See SCH/Com-ex (99)13.
This document is not taken over in the acquis.
(cid:145)Asylum(cid:146)
provisions
(SCH/Com-ex (94)3).

taken

over

in

the Bonn

Protocol

22.9.2000

EN

Official Journal of the European Communities

131

The Sirene Manual (SCH/Com-ex (93)8 (*)) supplementing
the SIS shall apply in its entirety with effect as of that date.

The Executive Committee requests the Contracting States
to confirm that the system is accessible to the authorities
entitled to direct consultation already notified to the
Executive Committee (SCH/OR.SIS (94)18 rev. 3).

By reason of the conclusions of the report by the SIS
the Executive Committee considers
Steering Committee,
that the SIS will be operational on that date and that the
existing national data deemed essential within the meaning
of
its declaration of 18 October 1993 (SCH/Com-ex
(93)decl. 1 (**)) shall then have been loaded in accordance
with its declaration of 27 June 1994 (SCH/Com-ex
(94)decl. 4 rev. 2).

As of that date the Joint Supervisory Authority provided
for under Article 115 of the Convention shall assume its
functions.

The provisions of the Convention on data protection shall
apply in their entirety. The Executive Committee refers to
the notification by the Provisional
Joint Supervisory
Authority for data protection that the Contracting Parties
which have successfully completed the tests satisfy the data
protection conditions
the putting into
operation of the SIS.

required for

The Executive Committee requests the Contracting Parties
to load retroactively during this period other data on
persons or objects which go beyond the data deemed
(SCH/Com-ex (94)decl. 4 rev. 2 (***)). The SIS
essential
databases must be constantly updated.

The Executive Committee calls on the Contracting Parties
to ensure that airlines make the changes necessary for the
free movement of persons at the latest by the change in
flight
schedules on 26 March 1995 and that airport
operators complete the measures provided for to this end
in the decision on the introduction and application of the
Schengen arrangements
aerodromes
at
(SCH/Com-ex (94)17 rev. 4) and create the necessary
organisational and technical preconditions for
the free
movement of persons by that date.

airports

and

The Contracting Parties are requested to inform the airlines
and airport operators accordingly as soon as possible.

3. Arrangements for the preparatory period (22 December 1994 to

26 March 1995)

4. Organisation of the application of the Convention after its entry

into force, particularly in the initial phase of application

The Executive Committee requests the Contracting Parties
which have successfully completed the tests to adopt the
following measures before 26 March 1995:

necessary

the measures

(cid:151) to consolidate in terms of organisational and human
full
resources
application of
the Schengen rules and regulations,
particularly in the fields of consular, judicial and police
cooperation as well as in the fight against narcotic
drugs; to continue to ensure that the competent staff
are trained in the application of the Schengen rules
and regulations and

the

for

implementing the Convention is

The purpose of
to
enhance the security of citizens in Europe whilst creating
the preconditions necessary to achieve the free movement
of persons within the meaning of Article 7a of the Treaty
establishing the European Community.

The Executive Committee therefore attaches particular
importance to the initial phase of the application of the
Convention in its entirety during the first three months
after 26 March 1995.

(cid:151) to complete the preparations in terms of

technical,
organisational and human resources with a view to
bringing the N.SIS into operation in relation to the
C.SIS and to complete preparations for end-user access
to this system.

responsible

Each Contracting Party shall be
the
application of the Convention, particularly the abolition of
checks at the internal borders during the initial phase of
application. The Contracting Parties shall keep each other
mutually informed, shall consult whenever necessary and
shall work in close cooperation.

for

the SIS Steering
The Executive Committee
Committee
the
before
time
to
abovementioned date that the SIS is ready for operation in
terms of technical, organisational and human resources.

instructs
good

confirm in

With a view to creating the instrument necessary for the
administration of the Convention, the Executive Committee
hereby decides to set up a permanent follow-up structure
composed of the existing Central Group and its working
groups and sub-groups.

(*) Replaced by SCH/Com-ex (99)5.
(**) This document is not taken over in the acquis.

(***) This document is not taken over in the acquis.

132

EN

Official Journal of the European Communities

22.9.2000

the

instructs

Executive Committee

The
permanent
follow-up structure during the initial phase of application
to monitor particularly closely the application of
the
Schengen rules and regulations, to identify, analyse and
resolve rapidly any technical problems and, if necessary, to
effective
take measures with a view to the more
application of the Convention.

The Executive Committee instructs the Presidency as of
1 January 1995 to prepare the work of this follow-up
structure and to ensure particularly that
the working
groups identify any difficulties and rapidly devise solutions.

the
During the initial
working groups of the follow-up structure shall convene
regularly and as often as necessary.

three-month application period,

as

the

follow-up committee. The

Should urgent decisions be required in particular cases, the
Central Group may convene a select meeting at short
notice
follow-up
committee shall be composed of either
the heads of
delegation of each Contracting Party or a high-ranking
the Contracting Parties
official designated by each of
assisted by the representatives of
the working groups
which must be consulted to resolve any problems arising.

arising and shall propose solutions devised in collaboration
with the working groups and sub-groups.

In the absence of agreement within the Central Group, the
matter shall be referred to the Executive Committee. In this
respect, the Contracting Parties concerned must be granted
the opportunity to give an opinion on its conclusions.

Each Contracting Party may also request the Central Group
to assess situations which have only arisen on its own
national territory.

Three months after the Convention has been brought into
force, the Central Group shall submit a preliminary report
to the Executive Committee dealing with the functioning
of the SIS, the efficacy of controls at the external borders,
the efficiency of the fight against narcotic drugs and the
results of police and judicial cooperation.

The Central Group shall submit a general report to the
Executive Committee by 31 March 1996.

At the request of one Contracting Party, the Central Group
shall also undertake a general analysis of the difficulties

The Chairman

Bernd SCHMIDBAUER

Bonn, 22 December 1994.

22.9.2000

EN

Official Journal of the European Communities

133

DECISION OF THE EXECUTIVE COMMITTEE

of 20 December 1995

on the procedure for applying Article 2(2) of the Convention implementing the Schengen
Agreement

(SCH/Com-ex (95)20 rev. 2)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 2 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

Document SCH/I (95)40 rev. 6 on the procedure for applying Article 2(2) of the Convention is hereby
approved. The principles and procedures set out therein shall be respected by any Contracting Party
which wishes to invoke the derogation clause provided for in Article 2(2) of
the Convention and
temporarily reinstate checks at its internal borders.

Ostend, 20 December 1995.

The Chairman

Johan VANDE LANOTTE

134

EN

Official Journal of the European Communities

22.9.2000

PROCEDURE FOR THE APPLICATION OF ARTICLE 2(2) OF THE CONVENTION

SCH/I (95) 40 rev. 6

(cid:145)Article 2

Internal borders may be crossed at any point without any

1.
checks on persons being carried out.

However, where public policy or national security so
2.
require, a Contracting Party may, after consulting the other
Contracting Parties, decide that for a limited period, national
border checks appropriate to the situation will be carried out
security
at
the Contracting Party concerned
requires immediate action,
shall
earliest
and at
opportunity shall inform the other Contracting Parties thereof.(cid:146)

If public policy or national

the necessary measures

internal borders.

take

the

the measures provided for in the
The overall objective of
Schengen Convention is to avoid invoking Article 2(2). The
reinstatement of checks must remain a measure of exception.

in a
possibly preceded by a Central Group meeting,
plenary or restricted session, to conduct the consultations
between the States. No extraordinary meeting need be held
if an Executive Committee meeting is already planned to
take place in the near future. In this case, an item should
be added to the agenda accordingly.

Should the decision to reinstate border checks continue to
apply after the consultation phase,
the requesting State
must inform the abovementioned recipients of the date
and conditions for the application of
the measures in
connection with Article 2(2).

Under agreements on cross-border police cooperation, the
border authorities of the requesting State must also inform
the border authorities of the States concerned so as to
expedite any reactions in the field.

1. Procedure for prior consultation (Article 2(2)

first

sentence)

2. Procedure for an immediate decision (Article 2(2)

second sentence)

A State which contemplates
its
internal borders in the short term must send notification to
the other States, together with following information:

reinstating checks at

(a) grounds for the planned measure: the State in question
must specify which events constitute a threat to its
public order or national security;

(b) extent of the planned measure: the State in question must
specify whether checks will be reinstated along all
borders or only in certain areas;

(c) duration of the planned measure: the State must specify
the date as of which the measure will apply (after
consultation) and what its probable duration will be;

(d) request

it

for consultation:

expects other States,

the State must specify what
measures
individually or
collectively, to adopt so as to avoid reinstating checks
or, once checks have been reinstated, to supplement
the measures taken by the requesting State.

Notification of the decision must be sent to: the members
of the Executive Committee and the Central Group, and
the General Secretariat.

In accordance with Article 131(2),
the Presidency shall
swiftly convene a meeting of the Executive Committee,

A State which deems it necessary to reinstate checks
immediately so as to maintain public order or national
States
security must
containing the elements listed under point 1, i.e. grounds,
extent and probable duration of the measure.

send notification

to the other

The other criteria referred to in point 1 shall also apply
(recipients of notification, bilateral talks, etc.).

The State must specify whether it requests assistance and
cooperation from other States.

circumstances

Taking
Executive
into
Committee meeting shall be convened as soon as possible
after notification of the decision.

account,

an

3. Procedure for extension or return to normal

The State which has applied the procedure under Article
2(2) shall confirm the date on which the checks are to be
lifted and, either at the same time or shortly thereafter,
shall
the
submit a report on the implementation of
decision.

However, if the State deems that the duration of validity of
the initial decision has to be extended, it shall notify its
decision to this effect in accordance with the procedures
under point 1 or 2.

22.9.2000

EN

Official Journal of the European Communities

135

DECISION OF THE EXECUTIVE COMMITTEE

of 7 October 1997

on bringing into force the Convention implementing the Schengen Agreement in Greece

(SCH/Com-ex (97)29 rev. 2)

THE EXECUTIVE COMMITTEE,

Whereas, however, the strengthening of external border checks
and the conversion of the airports have not yet been fully
completed;

Having regard to Articles 131 and 132 of the Convention
implementing the Schengen Agreement,

Confirming its political resolve to achieve the bringing into
force of the Convention in Greece as soon as possible,

Having regard to Article 6 of the Accession Agreement of
Greece of 6 November 1992 in conjunction with the Joint
Declaration on Article 6 in the Final Act of that Accession
Agreement,

HAS DECIDED AS FOLLOWS:

Having regard to the Declaration by the Ministers and State
Secretaries of 19 June 1992 on bringing into force the
implementing Convention,

I. Bringing into force the Convention implementing the Schengen

Agreement

Whereas the Joint Declaration on Article 139 in the Final Act
of the Convention implementing the Schengen Agreement and
the Joint Declaration in the Final Act of
the Accession
Agreement with Greece provide that (cid:145)the Convention shall not
be brought
its
implementation have been fulfilled in the Signatory States and
checks at the external borders are effective(cid:146);

the preconditions

into force until

for

1. Without prejudice to the provisions of point 4, the
initial phase for bringing into force the Convention
implementing the Schengen Agreement shall begin for
Greece on 1 December 1997.

2. This Decision shall apply to Greece subject

to the
completion of
the ratification,
approval or acceptance of the instruments of accession
by France and the Netherlands.

the procedures

for

Whereas on 25 April 1997 the Executive Committee
the Schengen
reaffirmed its political
Convention to be brought
into force in Italy, Greece and
Austria on 26 October 1997 on the basis of an Executive
Committee decision;

to enable

resolve

3. The fulfilment of the condition referred to in point 2
shall be established by notification from the depositary,
the
completion of
of
ratification, approval or acceptance.

the procedures

the

for

Whereas the progress made by Greece with a view to meeting
the preconditions for the Convention to be brought into force,
laid down in the Declaration of 19 June 1992, must enable the
Convention to be implemented in Greece;

4. The dates and arrangements for the abolition of checks
at internal borders shall remain subject to a further
Executive Committee decision, adopted on the basis of
the fulfilment of all
In
preparation for
the sub group on
frontiers and the Central Group shall submit a report
to the Executive Committee in 1998. The Executive
Committee shall discuss this report at the latest during
its last meeting in 1998 and adopt a decision.

the necessary preconditions.

this decision,

Pursuant to the Executive Committee Declaration of 24 June
1997 on bringing into force the Schengen Convention in Italy,
Greece and Austria, confirming the firm resolve to implement
the Schengen Convention for Italy on 26 October 1997 and
for Austria and Greece before the end of 1997;

5. The Executive Committee hereby acknowledges that
Greece has made considerable efforts to carry out all
border checks at the airports and external borders to
the Schengen standard.

136

EN

Official Journal of the European Communities

22.9.2000

II. Operational status of the Schengen Information System

Executive Committee

The
declares Greece
operational as of 1 December 1997. From that date
onwards, the system shall be open to the Greek authorities
with authorised access.

hereby

1. The Greek N.SIS has successfully completed all

test

campaigns.

Within the meaning of
its Declarations of 27 June
1994, the Executive Committee hereby finds the Greek
N.SIS technically operational and the SIS technically
operational with the Greek N.SIS.

2. Pursuant

the

to Article 101(4) of

the Convention
implementing
each
Schengen
Contracting Party shall send the Executive Committee
the list of
the competent authorities authorised to
search the data contained in the Schengen Information
System directly.

Agreement,

The Executive Committee hereby acknowledges the
lists sent by Greece.

to Article 108(1) of

Pursuant
the Convention
each
Schengen
implementing
Contracting Party shall designate an authority which
shall have central responsibility for its national section
of the Schengen Information System.

Agreement,

the

authorised to search SIS directly in the State in which
the Schengen Convention is to be implemented.

In acknowledging the lists forwarded by Greece, the
Executive Committee hereby confirms receipt of the
notification of accessibility for the authorities with
authorised access within the meaning of the Executive
Committee Declarations of 18 October 1993, 26 April
1994 and of 27 June 1994.

3. The Executive Committee assumes that the loading of
the existing national data deemed essential within the
meaning of the Executive Committee Declarations of
18 October 1993 and 27 June 1994, which is a
precondition for
is
operational to take effect, will be completed for Greece
by 1 December 1997.

the declaration that Greece

The start of loading of the national data of Greece is
tied to the entry into force of
the instruments of
accession. From that date onwards, the States already
applying the Schengen Convention shall be empowered
to use the alerts of Greece under the terms of that
Convention.

The SIS Steering Committee is hereby instructed to
keep the Central Group and the Executive Committee
constantly informed of
in real data
loading.

the progress

The Executive Committee hereby acknowledges the
notifications sent by Greece.

4. The provisions on the protection of personal data laid
down in the Convention implementing the Schengen
Agreement shall apply in their entirety in Greece.

to

the Declarations

Pursuant
Executive
Committee of 18 October 1993 and of 27 June 1994,
is
a precondition for declaring the SIS operational
authorities
notification

accessibility

the

the

for

of

of

Brussels, 7 October 1997.

The Chairman

22.9.2000

EN

Official Journal of the European Communities

137

DECISION OF THE EXECUTIVE COMMITTEE

of 23 June 1998

concerning the confidential nature of certain documents

(SCH/Com-ex (98)17)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

HAS DECIDED AS FOLLOWS:

Paragraph 2 of the Decision of 14 December 1993 (SCH/Com-ex (93)22 rev.) shall be replaced by the
following paragraph:

(cid:145)The following documents shall remain confidential: Annexes 5, 9 and 10 to the Common Consular
Instructions on Visas, the Common Manual, the Sirene Manual, and the three documents covered by
the decision on narcotic drugs (tightening controls at external borders (SCH/Stup (92)45 latest
version), controlled deliveries (SCH/Stup (92)46 latest version) and measures on combating the illicit
exportation of drugs (SCH/Stup (92)72 latest version)).(cid:146)

Ostend, 23 June 1998.

The Chairman

L. TOBBACK

138

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 16 September 1998

setting up a Standing Committee on the evaluation and implementation of Schengen

(SCH/ Com-ex (98)26 def.)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing
the Schengen Agreement,

Having regard to Article 7 of the Convention implementing
the Schengen Agreement,

Having regard to the Joint Declaration concerning Article 139
in the Final Act annexed to the Convention,

Whereas the initiative to set up the Standing Committee stems
from a concern for complementarity with existing instruments
within the European Union;

Mindful of
sovereignty;

the need to observe the principle of national

Whereas this Committee may in due course have to be
adapted to take account of the operational framework of the
European Union,

HAS DECIDED AS FOLLOWS:

the Executive Committee,
the preconditions

A Standing Committee on the evaluation and implementation
of Schengen (hereinafter (cid:145)the Standing Committee(cid:146)) shall be set
firstly to
up under the aegis of
establish whether all
for bringing the
Convention into force in a candidate State thereto have been
fulfilled and secondly to ensure that the Schengen acquis is
properly applied by the States already implementing the
Convention, notably by pinpointing problems and proposing
solutions.

The Standing Committee shall have sole responsibility for
drafting the reports with a view to evaluating the preparations
by the candidate States to bring the Schengen Convention into
force and verifying that all of
the
practical application of
the Schengen Convention and the
abolition of checks at the internal borders have been fulfilled.

the preconditions for

The second task of the Standing Committee shall be to lay the
foundations so that the Executive Committee can ensure the
proper application of the Schengen Convention by the States

into force,

in particular by
it
which have already brought
following up the recommendations made by the visiting
committees to the external borders, by ensuring that follow-up
action is taken to remedy the shortcomings mentioned in the
Annual Report on the External Borders, by focusing greater
attention on the joint efforts needed to improve the quality of
the external borders and by optimising the
controls at
application of
fields of police
cooperation,
judicial cooperation and the SIS. The Standing
Committee shall seek solutions to the problems detected and
shall make proposals
and optimal
the
satisfactory
implementation of
the Convention. Sole responsibility for
checking to ensure that the Convention is properly applied
shall continue to remain with the Schengen States. The
Standing Committee shall therefore confine itself to carrying
out
the verification procedures as defined in the following
mandate.

the Convention in the

for

These two tasks warrant
awarded two separate mandates:

the Standing Committee being

1.

2.

the preconditions

to prepare the reports to serve as a basis for establishing
for bringing the Schengen
that all
Convention into force in a candidate State have been
satisfied. In these cases it shall be called the (cid:145)Evaluation
Committee(cid:146), and shall be in charge of evaluating how well
these States are prepared;

to lay the foundations so that the Executive Committee can
ensure the proper application of the Convention in the
States already implementing the Convention with a view to
optimising its application and cooperation between the
Schengen partners. First,
to
problems encountered since the bringing into force of the
Convention and make proposals on improving controls in
accordance with the objectives set and the spirit of the
Convention. Here,
it shall be called the (cid:145)Implementation
Committee(cid:146).

to find solutions

it has

I. EVALUATION COMMITTEE FOR CANDIDATE STATES TO BRING

THE CONVENTION INTO FORCE

1. TASKS OF THE EVALUATION COMMITTEE

Each time a State is a candidate to bring the Convention into
force, the Standing Committee, acting in the context of its
evaluation remit, shall draw up a report laying down a list of
the criteria to be satisfied by the candidate States. This list shall
indicate precisely the standard to be reached in all of the areas
criteria have
covered by

the Convention. Once

these

22.9.2000

EN

Official Journal of the European Communities

139

been approved by the Executive Committee,
the Standing
Committee shall verify in another report whether a candidate
State to bring the Convention into force satisfies the criteria
and complies with the standard required.

On the one hand, the Standing Committee shall take as its
basis the following tasks in the areas relating to external
borders, police cooperation, the SIS and visas; on the other, it
shall draw up a list of tasks to be carried out by the experts in
the other areas:

In each of the Committee’s spheres of competence,
it may
instruct a group of competent experts to draft a report in its
specific field. These reports shall deal with the qualitative,
quantitative, operational, administrative and organisational
shortcomings or weaknesses,
aspects and should pinpoint
whilst proposing solutions.

(a) Controls at the external borders and migratory flows,
including bilateral and multilateral cooperation with
third States and the question of readmission

2. SPHERES OF COMPETENCE

Taking into account the local geographical situation and
depending on the kind of external borders in the visited
State, the experts shall:

The Committee shall draft a detailed and exhaustive report and
shall assess how well prepared the candidate States to bring
into force the Schengen Convention are in all of the fields
referred to in Decision SCH/Com-ex (93) 10 of 14 December
1993 and shall ensure that all of
for
respected. The
Schengen acquis
implementing
assessment shall cover the following areas in particular:

the preconditions

the

are

(cid:151) visit all external maritime borders in order to gather
information in
efficiency of
regarding
surveillance measures on sea and land, particularly at
night; and observe how checks are carried out on
persons and freight in major ports,

situ

the

(cid:151) checks at the external borders, in particular the application

of the Common Manual,

(cid:151) surveillance of external land and sea borders,

(cid:151) observe control measures at the land borders with the
aim of verifying their efficiency day and night. They
the
must obtain information on the fight against
smuggling of illegal immigrants, inter alia, by means of
interviews with the control authorities,

(cid:151) visas,

in particular
Consular Instructions,

the application of

the Common

(cid:151) visit all airports for the purpose of checking how

Schengen provisions have been applied,

(cid:151) conditions governing the movement of aliens,

measures taken with regard to illegal
aliens illegally on Schengen territory,

including
immigration and

(cid:151) residence permits and alerts for the purpose of refusing

entry,

(cid:151) police cooperation,

(cid:151) mutual

assistance

in

criminal matters,

including

extradition,

(cid:151) drugs,

(cid:151) SIS, in particular the application of the Sirene Manual,

(cid:151) protection of personal data,

(cid:151) policy on expulsion and readmission,

(cid:151) visit in addition the Central Authorities in charge of
external border and immigration controls and examine
administrative structures and coordination between
national and local levels,

(cid:151) enquire about practices for the issue of visas at the
border when visiting the border crossing points and
the Central Authority,

(cid:151) verify, when visiting the border crossing points and the
into

the SIS can be put

that

Central Authority,
operation,

(cid:151) assess the arrangements for carrying out checks at the
external borders, at the official border crossing points
and in the intervening areas,

(cid:151) assess the technical means available at

the external

borders, inter alia, to deal with false documents,

(cid:151) arrangements for movement within airports.

(cid:151) assess the surveillance of land and sea borders,

140

EN

Official Journal of the European Communities

22.9.2000

(cid:151) check whether there are sufficient staffing levels at the
different borders visited, together with their training,
inter alia, on detecting false documents,

(cid:151) check the measures

the external borders
taken at
visited to tackle illegal immigration and more generally
crime,

(cid:151) the efficiency of cross-border cooperation structures,

(cid:151) direct

cooperation

the
authorities of the candidate State and the Schengen
States,

relations

between

and

(cid:151) security means and staff level in the border region.

(cid:151) check the measures

taken vis-(cid:224)-vis persons not

admitted at the border or present illegally,

(c) The SIS,

the Sirene Bureaux,

the protection of

facilities and personal data

(cid:151) check

the means

deployed

to

combat

illegal

immigration networks,

In this context, the Standing Committee shall have the task
of verifying:

(cid:151) assess cooperation with the bordering State(s).

Technical aspects

The objective of the visit shall be to assess in situ the
efficiency of surveillance measures and their compliance
with the Schengen control standards laid down in the
Schengen Convention,
the Common Manual and the
relevant Executive Committee decisions.

(b) Cooperation at the joint borders with States already
applying the Convention, mainly with regard to police
and judicial cooperation, in particular the conclusion
of bilateral agreements and the secondment of liaison
officers

(cid:151) the qualitative, quantitative, operational, organisational

and technical aspects of the future N.SIS,

(cid:151) the technical means and the procedures used to
transfer
information
information from the national
systems to the N.SIS (downloading to the SIS from
national systems),

(cid:151) the technical means for making SIS data available to
users on the ground and ensuring synchronisation of
N.SIS and C.SIS data,

(cid:151) the technical availability of the N.SIS.

In this context, the Standing Committee shall have the task
of verifying:

Aspects concerning data and their use

(cid:151) the

efficiency of day-to-day

common border
Convention and bilateral agreements,

regions in implementation of

cooperation in the
the

(cid:151) the quantity of data the State is prepared to integrate

into the SIS,

(cid:151) the quality of the data to be incorporated (completion

of headings),

(cid:151) the capacity and the willingness to implement and
develop joint cross-border operations in compliance
with the Convention and bilateral agreements,

(cid:151) the geographical location of terminals, the number of
terminals and their operational state (accessibility of
SIS data to end-users),

(cid:151) the capacity and the willingness to implement and

develop cooperation with liaison officers,

(cid:151) training of employees authorised to use data contained

in the SIS,

(cid:151) the efficiency of cooperation with States adjacent to
Schengen’s external borders in the fight against crime
and, in particular, the fight against illegal immigration
networks,

(cid:151) the internal procedures and the instructions for issuing

alerts to be applied in the event of a hit,

(cid:151) the use of different options for alerts,

(cid:151) police access to databases and general training,

(cid:151) the operational

capacity of

the

Sirene Bureaux

(coordination between services, reply times).

22.9.2000

EN

Official Journal of the European Communities

141

Protection of the facilities and data

(cid:151) the organisational

and technical

aspects of

the

protection of the facilities and personal data,

(cid:151) measures to prevent access to the systems and to data,

Finally, the Committee shall perform its duties flexibly and
objectively, in cooperation with the competent authorities and
in compliance with the legal and ethical rules applicable at
level, and in so doing strive to meet the common
national
objective of
the
improving security and taking account of
interests of the other States applying the Convention.

(cid:151) measures geared towards different levels of processing

according to the user’s responsibilities,

2. AREAS TO BE COVERED

(cid:151) the conditions governing the removal of alerts which

have expired.

(d) The issue of visas

(cid:151) general

conditions

visas
compared to those laid down in the Common Consular
Instructions,

governing the

issue of

For those States already applying the Convention, the Committee
shall be granted a wider remit
the visiting
committees, but it shall continue to focus on the practical
aspects. The following areas, extending across the whole of the
Schengen acquis, may undergo evaluation and therefore have to
be taken into account:

than that of

(cid:151) external border checks and surveillance,

(cid:151) provisions for consultation prior to the issue of visas,

(cid:151) provisions for consulting the SIS prior to the issue of

applying the Convention,

visas,

(cid:151) police cooperation at the border areas of States already

(cid:151) provisions for procuring Schengen stickers and storage

(cid:151) the Schengen Information System,

conditions.

The Standing Committee shall oversee the coordination of
to the
these reports and shall submit a general report
Executive Committee.

II. IMPLEMENTATION COMMITTEE FOR THE STATES ALREADY

APPLYING THE CONVENTION

1. TASKS

encountered at

external borders

The Standing Committee shall provide the scope for detecting
and for
any problems
identifying situations which do not comply with the standard
set
the
in accordance with the spirit and objectives of
Convention. By means of the Standing Committee, the State
visited and the Executive Committee shall be informed of the
problems encountered, together with solutions proposed for
applying the Convention in a satisfactory and most effective
manner. As for any problems encountered since the bringing
into force of the Convention, it shall be up to the Committee
to make technical proposals to improve checks, security and
judicial cooperation, including extradition.

The Committee shall also check whether the recommendations
and observations put forward by the visiting committees to
external borders have been acted upon and have enabled any
shortcomings in security to be overcome. The Committee shall
also have the task of following up the problems highlighted in
the annual report on the situation at the external borders of
the States applying the Convention.

(cid:151) the conditions

(in
particular the arrangements governing prior consultation
of the Partner States on sensitive nationalities),

the issuing of Schengen visas

for

(cid:151) measures aimed at terminating the stay of aliens discovered

to be illegally on the territory,

(cid:151) mutual

assistance

in

criminal matters,

including

extradition.

The following should be given priority:

(a) External border checks and surveillance

(cid:151) provisions for carrying out checks at the authorised
crossing points along the external borders and in the
border areas,

(cid:151) technical means available at the external borders,
particular for detecting counterfeit documents,

in

(cid:151) determining whether staff levels are adequate for the

particular border visited,

(cid:151) external border checks and surveillance, encompassing
mobile patrols as well as systems and methods of
stationary surveillance,

142

EN

Official Journal of the European Communities

22.9.2000

(cid:151) training for officials,
counterfeit documents,

inter alia,

in the detection of

(d) Conditions for the issue of Schengen visas

(cid:151) measures

taken at

the external borders visited to

combat illegal immigration and crime in general,

(cid:151) measures

taken

granted
admission at the border or individuals who are illegally
on Schengen territory,

individuals

against

not

(cid:151) means

deployed

to

combat

illegal

immigration

networks,

(cid:151) existing forms of

cooperation with neighbouring

State(s),

(cid:151) administrative organisation of the service(s) responsible
for combating illegal immigration and for coordination
between these services at national and local level,

(cid:151) SIS use at border posts.

(b) Police cooperation in the border areas of States

already applying the Convention

(cid:151) existence of bilateral agreements,

(cid:151) exercising the right to pursuit and surveillance,

(cid:151) organisation of cross-border cooperation,

(cid:151) direct cooperation between services,

(cid:151) equipment and staff deployed in the border region for

security purposes,

(cid:151) cooperation involving liaison officers.

(c) The Schengen Information System

(cid:151) downloading to the SIS from the national systems,

(cid:151) technical availability of

the N.SIS and the Sirene

Bureaux,

(cid:151) end users(cid:146) access to SIS data,

(cid:151) conditions for deleting expired alerts,

(cid:151) exploiting the different possibilities with regard to

alerts,

(cid:151) operational capacity of the Sirene Bureaux: response

time etc.

(cid:151) provisions for consultation prior to the issue of visas,
as laid down in Annex 5B to the Common Consular
Instructions,

(cid:151) provisions for consulting the SIS prior to the issue of

Schengen visas,

(cid:151) VLTVs issued: quantity, target groups, grounds,

(cid:151) provisions for procuring Schengen stickers and storage

conditions.

III. PRINCIPLES GOVERNING THE STANDING COMMITTEE

Composition of the Standing Committee

The Committee shall be a standing body. It shall be composed
of one high-ranking representative from each Signatory State
to the Convention or to the Cooperation Agreement.
(This
accompanied). The
high-ranking
Standing Committee shall be assisted by the Secretariat
in
connection with its meetings and various tasks.

representative may

be

The Standing Committee shall visit all of the countries, in an
order and at
intervals to be laid down by the Executive
Committee.

in each of

For the performance of their tasks, the permanent members
shall be able to call on the Schengen States
to second
temporarily experts
the Committee’s areas of
competence, in particular for the purpose of carrying out the
assignments in the countries,
in line with the arrangements
defined by the permanent members. Certain assignments
involving experts may be carried out jointly or may focus on
one area. Each State shall be entitled to appoint an expert to
the Standing
perform assignments
however,
Committee.
endeavour to maintain membership of the delegations at a
level that is compatible with the technical constraints of the
assignments.

in the framework of

Committee

Standing

shall,

The

Where there are several visits taking place at the same time
involving groups of experts specialising in each of the specific
areas, a coordination meeting shall be organised with all the
experts before the end of the visit.

The experts must have the requisite qualifications and,
general,
designated each time.

in
it would be desirable for the same experts to be

The European Commission shall participate as an observer in
the Standing Committee’s work and in the activities of the
working groups which serve the Committee, the Central Group
and the Executive Committee.

22.9.2000

EN

Official Journal of the European Communities

143

Joint Supervisory Authority

Drafting of the report

The Standing Committee shall carry out
its tasks without
prejudice to the powers of the Joint Supervisory Authority.
The Committee shall be authorised to consult the Authority in
areas within its sphere of competence.

The report shall be drafted on the basis of a standard model to
be laid down by the Standing Committee in consultation with
the competent working groups. The model may be adjusted
according to needs and circumstances.

Locations to be visited

The Standing Committee shall,
in conjunction with the
respective working groups, select the locations to be visited
and the information to be gathered on a case-by-case basis.

Language arrangements

Details of the language arrangements to be used during the
visits shall be determined for each visit.

Facilitating the activities of the Committee

the visited State shall ensure that
the
the Committee

its
The authorities of
authorities
cooperation and
afford
assistance it requires to enable it to perform its tasks properly.
The visited State must provide the Committee with the
relevant information on the locations to be visited and all
useful statistical, factual, analytical or other information (in one
of the official Schengen languages) at least one month before
the start of the visit.

Reimbursement of travel and accommodation expenses
incurred during the visits

The costs of travel and accommodation are to be met by the
Committee members or their experts. The host State shall bear
the costs of the logistical support in situ.

A preliminary draft of
the report shall be written by the
Presidency and submitted to the group of experts, who shall
seek a consensus on how the report should be drafted. The
representatives of
the host State shall have observer status
within this group. Once the report has been drawn up by the
experts,
it shall be submitted to the host State, which may
draft an opinion. The report and the opinion shall be
submitted to the Standing Committee, which shall attempt to
find a consensus between the two documents. With regard to
points that remain contentious, the Committee shall put the
position of each of the Parties.

The reports must clearly show in which areas the objectives
have been reached and those in which this is not the case,
together with concrete proposals for measures to take with a
view to remedying or improving the situation. Responsibility
for adopting the final decision shall in any case rest with the
Executive Committee.

Confidentiality

The Committee members and the experts shall regard as
confidential
the information they acquire in the course of
performing their duties. The reports drawn up pursuant to this
Decision shall be regarded as confidential.

K(cid:246)nigswinter, 16 September 1998.

The Chairman

M. KANTHER

144

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 23 June 1998

on a catch-all clause to cover the whole technical Schengen acquis

(SCH/Com-ex (98)29 rev.)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Articles 92 and 93 of the abovementioned Convention,

Hereby confirms that arrangements, procedures and other rules have been adopted for the functioning of
the SIS at the organisational, operational and technical levels and for the protection of personal data and
recommends that these be retained following the entry into force of the Treaty of Amsterdam.

Ostend, 23 June 1998.

The Chairman

L. TOBBACK

22.9.2000

EN

Official Journal of the European Communities

145

DECISION OF THE EXECUTIVE COMMITTEE

of 16 September 1998

setting up an Ad Hoc Committee for Greece

(SCH/Com-ex (98)43 rev.)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Whereas the Agreement on the accession of the Hellenic Republic to the Convention implementing the
Schengen Convention was partially brought into force by a Decision of 7 October 1997,

HAS DECIDED AS FOLLOWS:

1. An Ad Hoc Committee shall be set up to examine whether Greece fulfils all the preconditions for the
abolition of checks on persons at the internal borders. All the Contracting Parties may participate by
sending experts to the Committee.

2. The said Committee shall have the task of gathering information in the following areas:

(cid:151) checks at the external borders, in particular the application of the Common Manual,

(cid:151) surveillance of external land and sea borders,

(cid:151) visas, in particular the application of the Common Consular Instructions,

(cid:151) conditions governing the movement of aliens,

including measures taken with regard to illegal

immigration and aliens illegally on Schengen territory,

(cid:151) residence permits and alerts for the purpose of refusing entry,

(cid:151) police cooperation,

(cid:151) mutual assistance in criminal matters, including extradition,

(cid:151) drugs,

(cid:151) SIS, in particular the application of the Sirene Manual,

(cid:151) protection of personal data,

(cid:151) policy on expulsion and readmission,

(cid:151) arrangements for the movement of persons within airports.

3. The Committee shall evaluate the results of its inquiries in the areas of external border checks and
In the other areas it shall make

arrangements for the movement of persons within airports.
observations.

146

EN

Official Journal of the European Communities

22.9.2000

4. The Committee shall draft a report containing a summary of the information gathered, as well as its
evaluations and observations, for submission to the Sub-Group on Frontiers and the Central Group.
On the basis of
later than at
its meeting of December 1998,
in accordance with the Decision of the Executive Committee of
7 October 1997, adopted in Vienna.

the Executive Committee will adopt a decision, not

this report

K(cid:246)nigswinter, 16 September 1998.

The Chairman

M. KANTHER

22.9.2000

EN

Official Journal of the European Communities

147

DECISION OF THE EXECUTIVE COMMITTEE

of 16 December 1998

on bringing into force the Implementing Convention in Greece

(SCH/Com-ex (98)49 rev. 3)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 6 of the Accession Agreement signed with Greece on 6 November 1992 in
conjunction with the Joint Declaration on Article 6 of the Final Act of the aforesaid Agreement,

Having regard to its Decision of 7 October 1997 on bringing into force the Convention implementing the
Schengen Agreement in Greece (SCH/Com-ex (97)29 rev. 2),

Having regard to the report of the Ad Hoc Committee for Greece (SCH/C (98)123 rev. 2),

Having regard to the Ad Hoc Committee for Greece’s various reports,

Confirming the political resolve of the Executive Committee of 7 October 1997 to bring the Schengen
Convention fully into force for Greece, as expressed in Decision SCH/Com-ex (97)29 rev. 2,

Recognising and acknowledging that Greece has already satisfied the requirements for the full application
of the Schengen Convention in the fields of visas, police and judicial cooperation, the fight against drug
trafficking, the Schengen Information System and data protection,

Whereas Greece has already made considerable progress, particularly at the airports, in adapting security
at its external borders to take account of Schengen requirements,

HAS DECIDED AS FOLLOWS:

1. Greece shall notify the other Contracting Parties when it considers that it has satisfied Schengen

requirements regarding security at the external maritime and land borders.

2. The checks on persons at Greece’s internal borders shall be lifted when the Executive Committee finds
on the basis of appropriate reviews and visits by the Ad Hoc Committee that the requirements to
ensure Schengen standards of security at the external maritime and land borders of Greece have been
satisfied.

3. Fulfilment of the requirements relating to manpower levels and material resources, the training of
border check and surveillance services and coordination between the departments concerned shall be
examined on the basis of visits. The necessary improvements in the areas of:

(cid:151) maritime surveillance strategy,

148

EN

Official Journal of the European Communities

22.9.2000

(cid:151) flexible deployment of mobile units, and

(cid:151) application of Article 26 of the Convention,

may be demonstrated by the presentation of documentary evidence.

4. The Executive Committee shall take a Decision before the end of 1999 if possible.

Berlin, 16 December 1998.

The Chairman

C. H. SCHAPPER

22.9.2000

EN

Official Journal of the European Communities

149

2.2. TITLE II: ABOLITION OF CHECKS AT INTERNAL BORDERS AND MOVEMENT
OF PERSONS

22.9.2000

EN

Official Journal of the European Communities

151

DECISION OF THE EXECUTIVE COMMITTEE

of 14 December 1993

extending the uniform visa

(SCH/Com-ex (93)21)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 17(3)(e) of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

Uniform visas shall be extended in accordance with the common principles laid down in the document
annexed hereto.

Paris, 14 December 1993.

The Chairman

A. LAMASSOURE

152

EN

Official Journal of the European Communities

22.9.2000

ANNEX ON EXTENDING UNIFORM VISAS

COMMON PRINCIPLES

1. Article 17(3)(e) of the Implementing Convention lays down that the Executive Committee shall take the necessary
decisions on the conditions for extending visas in accordance with the interests of all the Contracting Parties. This
provision shall be the legal basis for the common principles defined below.

2. A visa may be extended if new facts have arisen since the visa was issued. Applications to extend visas on the
following grounds must be duly substantiated: force majeure, humanitarian, serious occupational or personal reasons.
Applications may not, under any circumstances, result in the purpose of the visa being changed. It shall be for the
competent administrative authority to assess whether or not the reason actually given constitutes grounds for an
extension.

3. A visa extension shall not result in the duration of the stay exceeding 90 days.

4. A visa shall be extended in accordance with national procedures.

5. The competent authority shall be that of the Contracting Party on whose territory the alien happens to be when
the application is submitted even if extension of the visa means the applicant will travel to the territory of another
Contracting Party.

In each of the Contracting Parties, the following administrative authorities shall be responsible for extending visas:

(cid:151) France:

Prefectures (in Paris, the police headquarters).

(cid:151) Spain:

for ordinary passports:
(prefectures and, where authorised by delegation, police stations);

(cid:145)gobiernos civiles y por su delegaci(cid:243)n las comisarias de polic(cid:237)a(cid:146)

for diplomatic and service passports: (cid:145)Ministerio de Asuntos Exteriores(cid:146) (Ministry of Foreign
Affairs.

(cid:151) Italy:

(cid:145)Ufficio degli Stranieri (Questure Republica)(cid:146) Aliens Department. (Prefectures of the police
of the Italian Republic).

(cid:151) Greece:

(cid:145)Tpotqce(cid:223)o Dgl(cid:252)riay S(cid:220)ngy (Cqaue(cid:223)a Akkodap(cid:254)m)(cid:146)
Department.).

(Ministry of Public Order (cid:150) Aliens

(cid:151) Portugal:

(cid:145)Servi(cid:231)o de Estrangeiros e Fronteiras(cid:146)
Borders Department at the Ministry of the Interior).

(cid:145)MinistØrio da Administracªo Interna(cid:146)

(Aliens and

(cid:151) Germany:

(cid:145)Ausl(cid:228)nderamt der jeweiligen Stadt oder des Landkreises(cid:146) (Aliens Department of the town
or the administrative district).

(cid:151) Belgium:

for ordinary visas: Provincial Governments; for diplomatic and service visas: Ministry of
Foreign Affairs.

(cid:151) The Netherlands:

for ordinary visas: (cid:145)Hoofden van de plaatselijke politie(cid:146) (Local Police Chiefs); for diplomatic
and service visas: (cid:145)Ministerie van Buitenlandse Zaken(cid:146) (Ministry of Foreign Affairs).

(cid:151) Luxembourg:

for all visas: passport and visa office at the Ministry of Foreign Affairs.

22.9.2000

EN

Official Journal of the European Communities

153

6. Depending on the national procedures, extension of uniform visas shall take the form of a new visa sticker or a

stamp.

7. A fee may be charged for extending visas.

8. Where applicants are nationals of countries, or belong to one of the categories subject by one or more Contracting
Parties to the consultation procedure involving the central authorities, visa extensions shall continue to be granted
only in exceptional cases. If the visa is extended, the central authority of the country whose consular representation
issued the visa shall be informed thereof.

9. Unless otherwise decided by the administrative authority which extends the visa, the extended visa shall remain a
uniform visa, entitling entry to the territory of all the Contracting Parties for which this visa was valid at the time
of issue.

154

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 14 December 1993

on the common principles for cancelling, rescinding or shortening the length of validity of the
uniform visa

(SCH/Com-ex (93)24)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 131 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

The procedures for cancelling, rescinding or shortening the length of validity of the uniform visa shall
comply with the principles defined in the document attached hereto.

Paris, 14 December 1993.

The Chairman

A. LAMASSOURE

22.9.2000

EN

Official Journal of the European Communities

155

The procedures for cancelling, rescinding or shortening the length of validity of a uniform visa, as laid
down by the Executive Committee pursuant to Article 131, shall be either to prevent access to the
territory of the Signatory States to the Schengen Convention as granted by the issue of a uniform visa, or
to shorten the length of validity of the visa or the length of the initially intended duration of the stay.

A distinction can be made between:

(cid:151) cancellation,

(cid:151) rescission,

(cid:151) and shortening of the length of validity.

1. Cancellation

The visa shall be cancelled at the border (*) and the procedure carried out by the officers responsible
for border controls (see Common Manual II point 1.4.4) (**). The purpose is to prevent access to the
territory of the Signatory States to the Schengen Convention, notably where a visa has been issued in
error to an alien who is the subject of an alert refusing entry as an undesirable person. If a visa is
cancelled it is considered as never having existed.

Cancellation is not the same as refusal of admission, a procedure whereby the border control officers
do not cancel the visa but refuse the holder entry to their territory, for example because the latter
lacks the documents to justify the purpose of the stay.

The decision to cancel the visa is taken by the national administrative authorities responsible for
border checks.

For practical purposes, an interlineation or some kind of indication may be attached to the visa sticker
that clearly shows that the visa has been cancelled. It is recommended that the sticker kinegramme be
scored through with a pointed metal object.

The central authority of the State that issued the visa shall be notified that the visa has been cancelled,
and the following information shall be communicated:

(cid:151) the date and grounds for cancellation,

(cid:151) the name of the visa holder,

(cid:151) nationality,

(cid:151) travel document type and issue number,

(cid:151) visa sticker number,

(cid:151) type of visa,

(cid:151) date and place of issue of the visa.

(*) A visa may also be cancelled by the consular authorities if the visa appears to have been issued in error.
(**) Confidential document. See SCH/Com-ex (98)17.

156

EN

Official Journal of the European Communities

22.9.2000

2. Rescission

Some States draw a distinction between rescinding a uniform visa and cancelling it.

By rescinding a visa, a measure which does not have retroactive effect, it is possible to cancel the
remaining period of validity of a uniform visa after the holder has entered the territory.

Pursuant to Article 23 of the Schengen Convention, the visa shall be rescinded if checks reveal that
the alien holding a visa issued correctly does not fulfil, or no longer fulfils, one or several of the
conditions set out in Article 5(1)(c),
(d) and (e) of the Schengen Convention. The visa shall be
rescinded according to the national procedures of the Contracting Party on whose territory the visa
holder is located. The Contracting Party that rescinds the visa shall
inform the Contracting Party
which issued the visa. It shall give the reasons for its decision.

3. Shortening of the length of validity of the uniform visa

Pursuant to Article 23 of the Schengen Convention, some States use this procedure prior to the
expulsion of an alien. It entails shortening the length of the stay to the number of days between the
date on which the border was crossed and the date set for the alien’s expulsion.

The border control officer may also decide to shorten the length of validity of a uniform visa if it is
established that the alien does not have adequate means of support for the initially intended duration
of the stay.

22.9.2000

EN

Official Journal of the European Communities

157

DECISION OF THE EXECUTIVE COMMITTEE

of 26 April 1994

on adjustment measures aiming to remove the obstacles to, and restrictions on, traffic at road
crossing points at internal borders

(SCH/Com-ex (94)1 rev. 2)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 2 of the abovementioned Convention,

Hereby acknowledges and approves the document on the abolition of checks on persons at the internal
borders (SCH/I-Front (94)1 rev. 3) referred to in it,

HAS DECIDED AS FOLLOWS:

The adjustment measures aiming to remove obstacles to, and restrictions on, traffic at road crossing
points at internal borders shall be implemented in accordance with the document attached hereto. The
implementation of these adjustment measures falls within the national competence of the Contracting
Parties.

Bonn, 26 April 1994.

The Chairman

Bernd SCHMIDBAUER

158

EN

Official Journal of the European Communities

22.9.2000

ADJUSTMENT MEASURES AIMING TO REMOVING OBSTACLES TO, AND RESTRICTIONS ON, TRAFFIC
AT ROAD CROSSING POINTS OF INTERNAL BORDERS

the internal borders
Completing the abolition of checks at
between the Schengen States also involves the removal of the
obstacles restricting travel,
in particular those constituted by
the installations formerly required for checks.

The implementation of these programmes shall be the national
responsibility of each Contracting Party and,
if necessary or
expedient from a legal or a practical point of view, by mutual
consultation or agreement.

The Contracting Parties therefore intend to begin immediately
dismantling these obstacles progressively as soon as positive
indications as to the prospects of bringing the Schengen
Information System into operation have been received.

Phase 1 will consist of measures which are particularly
necessary to guarantee that
the internal borders may be
crossed swiftly and which may be implemented relatively
quickly without incurring unreasonable expense.

To this end the following measures,
taken:

in particular, must be

(cid:151) opening carriageways and lanes previously blocked for
border checks, particularly at motorway border crossing
points,

(cid:151) removing customs sheds from central
hinder vehicles passing at high speed,

lanes so as not to

(cid:151) dismantling roofs jutting out over the road at border
crossing points to improve visibility and reduce nuisance
caused by air pressure changes,

(cid:151) removing speed limits; the sole criteria for introducing any

new speed limits is road safety,

be

completed

As many as possible of the measures referred to in Phase 1
should
the Convention
implementing the Schengen Agreement is brought into force,
or at least those which can be implemented quickly without
(for example the removal of road
any lengthy preparations,
barriers).

time

the

by

Preparations for the remaining adjustment measures in Phase 1
shall be made in accordance with the following timetable:

1. During the period from 1 July to 15 September 1994, a
review of the situation is to be made and a list drawn up
of the steps to be taken at each internal border crossing
point with a view to implementing the adjustment
measures.

It should be borne in mind that installations for police
cooperation are to be kept provisionally at certain border
crossing points which means, for instance, that the speed
limits should be retained for access roads to the services
concerned.

for

2. The period from 15 September to 31 October 1994 is the
phase
consultation between neighbouring States.
During this period, they are to inform each other of the
into practice the adjustment
activities required to put
measures at each border crossing point.

3. The Contracting Parties shall ensure that

the necessary
arrangements
for bringing into force the Convention
implementing the Schengen Agreement are completed by
31 December 1994.

(cid:151) technical adjustments in order to enable vehicles to turn
round on motorways and comparable roads in case checks
the internal borders are temporarily reinstated on
at
grounds of public policy or national security and vehicles
are refused entry.

At
the end of each of
the three preparatory phases,
the
to the Central Group on
report
Contracting Parties shall
progress made towards completing the timetable, whilst
providing detailed overviews.

22.9.2000

EN

Official Journal of the European Communities

159

ABOLITION OF CHECKS ON PERSONS AT THE INTERNAL BORDERS

SCH/I-Front (94) 1 rev. 3

After years of intensive preparation, almost all the various compensatory measures provided for by the
Schengen Convention of 19 June 1990 have been fully implemented, and the work that remains to be
done in this area, for example on the Schengen Information System, is currently proceeding at a steady
pace.

However, certain arrangements that were designed to achieve the objective which these compensatory
measures were supposed to permit, i.e. the abolition of checks on persons at the internal borders, are still
not in place. The avoidance of any further delay in abolishing such checks at the common borders even
after all the compensatory measures have been implemented is contingent on the necessary preconditions
being fulfilled. In this connection it is important not only to dispense with the formalities that accompany
such checks but to remove the obstacles to freedom of movement at the internal borders that were
previously necessary for the purpose of carrying out controls.

In order to ensure that this operation proceeds in an orderly fashion, there must be a concrete action
programme for implementing the various stages.

1.

Abolition of checks on persons and of the requirement to present cross-border travel
documents at land borders, ports and airports

1.1. Abolition of checks on persons

Under Article 2(1) of the Schengen Convention, the internal borders may be crossed at any point
without checks on persons being carried out.

Consequently, the competent authorities should dispense with internal border checks except in the
cases provided for in Article 2(2) of the Convention.

On the other hand, this would have the effect of exempting all travellers, whatever their nationality,
from police checks when crossing the border. Furthermore, they would no longer be obliged to use
authorised border crossing points.

The abolition of checks on persons at the internal borders is without prejudice to the provisions of
Article 22 of the Schengen Convention. Nor does it affect the exercise by the competent authorities
of a Contracting Party, on its national territory, including the border areas, of their powers under
national law for the purpose of monitoring compliance with the obligation to possess, carry and
present papers and travel documents.

Alternative border checks are incompatible with the provisions of the Schengen Convention on the
abolition of controls. Here, however, they are taken to mean systematic checks on persons carried
out for the purpose of crossing the border, in a hinterland area adjacent to the border or in defined
border areas. This does not contravene the provisions of Article 2(2).

Persons entering via airports and seaports are exempt from checks only if they cross a common
border, for example, in the case of air and sea travel inside the Schengen area. Since passengers are
channelled into Schengen and non-Schengen flows, checks cannot in practice be abolished for air
and sea travel unless airports and seaports have the requisite separate handling areas.

The Contracting Parties should take appropriate steps to inform:

(cid:151) the public,

160

EN

Official Journal of the European Communities

22.9.2000

(cid:151) the authorities responsible for border protection,

(cid:151) the police, and

(cid:151) the airport and seaport operators and the carriers,

of the various features of the new situation at the internal borders with regard to the abolition of
checks.

1.2. Abolition of the requirement to present cross-border travel documents when crossing internal borders

The abolition of border controls goes hand in hand with abolition of the requirement to produce or
present a valid document that permits the holder to cross borders.

This does not conflict with national provisions on holding, carrying and presenting identity and
residence papers that are applicable on the national territory.

Delegations were to communicate the relevant national provisions before the end of April 1994 and
provide details of the identity documents used in their countries and of the checks provided for
under their national law.

2.

Adjustment measures aimed at eliminating obstacles to and restrictions on movement at
road crossing points

The abolition of checks on persons is the main instrument for achieving freedom of movement at
the borders. To attain this objective, however, it is necessary to remove infrastructures the existence
of which was hitherto justified by the need to conduct checks and which restrict freedom of
movement.

2.1. General observations

(a) Crossing points at internal borders (cid:150) the largest and most important at any rate (cid:151) consist of

numerous buildings and facilities that form a complex.

In the initial phase, the activities undertaken by the Contracting Parties for the purpose of
complementing the abolition of checks by accompanying measures will consist solely of steps
aimed at guaranteeing that there are no obstacles to crossing the borders.

The question of dismantling other buildings or putting them to a different use, collection of the
barriers used previously and important tasks such as rectifying the layout, will be tackled during
the second stage.

(b) Most of the Schengen States have concluded bilateral agreements with neighbouring States
determining that checks on cross-border traffic may take the form of joint checks carried out on
the territory of either State. Accordingly, the implementing agreements provided for checks are
to be combined at virtually all crossing points. Consequently, adaptations for the purpose of
implementing the Schengen system presuppose the agreement of the two neighbouring States in
question. The Contracting Parties should reach such agreement quickly and inform the Executive
Committee accordingly.

2.2.

Infrastructural modifications of a technical nature

In the first instance, the following measures in particular should be prepared:

(cid:151) at a number of crossing points, especially on motorways, provision has been made for traffic
lanes for vehicles but these are blocked by security ramps or crash barriers. These lanes can be
opened to traffic and measures to this end should be taken as soon as possible,

22.9.2000

EN

Official Journal of the European Communities

161

(cid:151) the control booths erected in the middle lanes, particularly on motorways, are too close to the
traffic lane and constitute a safety hazard for vehicles travelling at high speed. They should
therefore be demolished,

(cid:151) if vehicles are allowed to travel at higher speeds, the roofs which overhang the road at border
crossing points should be demolished in order to improve visibility and reduce the nuisance
caused by air currents.

2.3. Abolition of traffic restrictions

Once the necessary tasks have been completed,
it will be possible to abolish the speed limits
currently in force. The introduction of new speed limits will be dictated solely by road safety
requirements.

2.4. Arrangements for the temporary reintroduction of checks at internal borders

Should it prove necessary to reintroduce internal border checks temporarily in accordance with the
provisions of Article 2(2) of the Convention, mobile units of the border police can impose the speed
restrictions necessary for conducting checks by means of ad hoc signalling. This obviates the need to
install permanent signs for this purpose.

However, in order to enforce a decision to refuse entry, provision needs to be made for installing a
device that enables traffic to reverse. Steps therefore need to be taken to ensure that movable
components, capable of being opened immediately, if necessary are installed in the security barriers
located in the middle of motorways and similar roads.

2.5. Action programmes

With a view to the practical implementation of the Schengen Convention, the Contracting Parties
should draft detailed programmes for the first phase of infrastructural adaptation at the border
crossing points and submit them to the Executive Committee.

The following measures in particular must be taken in due course for the purpose of bringing the
Convention into force:

(cid:151) road lanes, especially those at motorway crossing points that have up to now been closed for the

purpose of conducting border checks, should be opened to traffic,

(cid:151) the control booths situated on the middle lanes should be demolished so as not to hamper

vehicles travelling past at high speed,

(cid:151) the roofs overhanging the road at the border crossing points should be removed to improve

visibility and reduce the nuisance caused by air currents,

(cid:151) speed limits should be abolished, and the introduction of new restrictions should be determined

solely by road safety considerations,

(cid:151) technical modifications should be carried out to enable vehicles to make a U-turn on motorways
and similar roads in the event that internal border checks are temporarily reintroduced on public
order or national security grounds.

These programmes are the responsibility of each Contracting Party and should be implemented
jointly or by mutual agreement,
in so far as circumstances or legal considerations make this
necessary or advisable. The Contracting Parties should report to the General Secretariat on the
measures they have taken.

162

EN

Official Journal of the European Communities

22.9.2000

3.

Information on the abolition of checks prior to the implementation of the Schengen
Convention

The strategy underlying the Schengen Convention is that the abolition of internal border checks
should be preceded by the introduction of compensatory measures.

One of the principal compensatory measures, the Schengen Information System, has yet to be
completed, which means that checks on persons must in principle be maintained at the internal
borders.

In the opinion of
internal border checks may, where appropriate, be
discontinued by bilateral agreement in some cases, as a symbolic gesture and for a trial period,
provided that security is not seriously undermined (pilot projects).

the Contracting Parties,

If the Contracting Parties envisage abolishing checks before the compensatory measures are in place,
they should notify the Executive Committee accordingly.

4.

Consultation in the event that alternative border checks are carried out

Article 2(2) of the Convention lays down that a Contracting Party which decides to carry out
national border checks for a limited period on public order or national security grounds should
consult the other Contracting Parties in advance.

Given the substance and purpose of the above provision, this requirement also applies in the case of
alternative border checks carried out in a hinterland area adjacent to the border or in defined border
areas (see point 1.1.).

If a Contracting Party is planning to take such a measure, it should proceed as in the case of checks
carried out for a temporary period directly at the internal borders and inform the other Partners
accordingly.

22.9.2000

EN

Official Journal of the European Communities

163

DECISION OF THE EXECUTIVE COMMITTEE

of 26 April 1994

on the issue of uniform visas at borders

(SCH/Com-ex (94)2)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 17(3)(c) and (d) of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

Uniform visas shall be issued at borders in accordance with the common principles laid down in the
document annexed hereto.

Bonn, 26 April 1994.

The Chairman

Bernd SCHMIDBAUER

164

EN

Official Journal of the European Communities

22.9.2000

ANNEX ON THE ISSUE OF UNIFORM VISAS AT BORDERS

1. Article 12(1) of the Implementing Convention provides for uniform visas to be issued by the diplomatic and
consular missions of the Contracting Parties and, where appropriate, by the authorities designated under Article 17.
Article 17(3)(c) provides in particular for the Executive Committee to take decisions relating to the issue of visas at
borders.

Furthermore, the Common Manual (part II, point 5) stipulates that if (cid:145)due to lack of time and for pressing reasons
an alien has been unable to apply for a visa, in exceptional circumstances the authorities responsible may issue
him with a short-stay visa at the border(cid:146). The issue of visas in such cases is subject to a series of conditions in the
Common Manual:

(cid:151) the alien must hold a valid document authorising him to cross the border,

(cid:151) he must fulfil the conditions laid down in Article 5(1)(a), (c), (d) and (e) of the Convention,

(cid:151) he must submit supporting documents substantiating (cid:145)unforeseeable and imperative(cid:146) reasons for entry,

(cid:151) return to his country of origin or transit to a third State is assured.

2.

It clearly ensues from the above that visas are usually issued by the diplomatic posts and consular missions and
that the issue of visas at borders therefore constitutes an exception for specific and duly justified cases.

3. Visas issued at borders may, on a case-by-case basis, depending on national rules and provided the abovementioned

conditions are respected, be:

(cid:151) a uniform visa without restrictions on territorial validity,

(cid:151) a visa with limited territorial validity within the meaning of Article 10(3) of the Implementing Convention.

In both of the above cases, the visa issued must not be valid for more than one entry. The validity of short-stay
visas must not exceed 15 days.

4. An alien in a category of persons on whom the central authorities are obliged to consult one or more of the other
in principle, be issued with a visa at the border, particularly given the required

Contracting Parties shall not,
minimum seven-day reply period.

Nevertheless, a visa may be issued at the border for these categories of persons in exceptional cases. In such cases a
visa may only be issued with territorial validity restricted to the State of issue. This visa may only be issued in the
cases provided for under Article 5(2) of the Implementing Convention, namely on humanitarian grounds, in the
national interest or on account of international obligations. The central authorities of the other Contracting Parties
must be notified immediately of the issue thereof.

5. The border control authorities shall issue visas in accordance with national provisions. In practice, the visa may

take the form of a Schengen visa sticker or a special stamp which is affixed.

6.

Statistics must be kept on visas issued at borders. The Contracting Parties shall exchange these statistics once a
month via the Schengen General Secretariat.

22.9.2000

EN

Official Journal of the European Communities

165

DECISION OF THE EXECUTIVE COMMITTEE

of 21 November 1994

introducing a computerised procedure for consulting the central authorities referred to
in Article 17(2) of the Convention

(SCH/Com-ex (94)15 rev.)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 17(2) of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

1.

In implementation of the provisions relating to the issue of visas, the computerised procedure for
consulting the central authorities of the other Contracting Parties when issuing visas shall be applied
pursuant to the principles laid down in the Data Dictionary attached hereto (SCH/II-VISION (93)20
rev. 3 (*)) with effect as of the bringing into force of the Convention implementing the Schengen
Agreement. Should certain Contracting Parties not satisfy the technical requirements for applying the
computerised procedure after the Implementing Convention has been brought
the
consultation data for these Contracting Parties shall be transmitted by conventional methods in
accordance with the provisions of the Common Consular Instruction.

into force,

2. The Executive Committee calls on all Contracting Parties to create the technical conditions necessary

for application of the computerised procedure as soon as possible.

3. As long as the Sirene network (Phase II) planned for the transmission of data for consultation is not
available when the abovementioned procedural principles begin to apply, the Contracting Parties
concerned shall take the necessary steps to ensure that the data can be transmitted via public lines.
The Contracting Parties shall guarantee an appropriate level of security when transmitting data.

4. Each Contracting Party shall bear the costs incurred for the installations required for the computerised
consultation procedure in its country. Twelve months after the system has been brought
into
operation,
the Contracting Parties shall consult regarding any compensatory payments for the
transmission of data, taking into account the principle that the generator of the costs is liable. In this
connection the Contracting States shall take into account that in the consultation procedure, the
consulted State also safeguards the legitimate security interests of the consulting State.

The Contracting Parties shall record the costs occasioned by the running of the consultation procedure
from the date on which the system is brought into operation and shall submit an overview of these
costs after not more than twelve months.

Heidelberg, 21 November 1994.

The Chairman

Bernd SCHMIDBAUER

(*) Confidential document.

166

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 21 November 1994

on the acquisition of common entry and exit stamps

(SCH/Com-ex (94)16 rev.)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 6 of the abovementioned Convention,

Takes note of and approves document SCH/I-Front (94)43 and

HAS DECIDED AS FOLLOWS:

The acquisition of common entry and exit stamps by the Contracting Parties shall
accordance with the principles laid down in document SCH/Gem-handb (93)15 (*).

take place in

Heidelberg, 21 November 1994.

The Chairman

Bernd SCHMIDBAUER

(*) Confidential document. See SCH/Com-ex (98)17.

22.9.2000

EN

Official Journal of the European Communities

167

ACQUISITION OF COMMON ENTRY AND EXIT STAMPS

SCH/I-Front (94)43

The Contracting Parties shall take the specifications for manufacturing common entry and exit stamps,
dated 17 September 1993 (SCH/Gem-handb (93)15), as the basis for the acquisition of stamps certifying
entry and exit through the external borders to Schengen territory. These specifications specifically provide
that two-colour ink stamps be used.

By way of exception, common entry and exit stamps employing a single colour which have already been
manufactured and distributed to the border authorities may be used until they are due to be replaced. The
replacement stamps must in any event be two-coloured.

168

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 22 December 1994

introducing and applying the Schengen arrangements in airports and aerodromes

(SCH/Com-ex (94)17 rev. 4)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Articles 4 and 6 of the Schengen Convention,

Takes note of and approves the document introducing and applying the Schengen arrangements in
airports and aerodromes (SCH/I-Front (94)39 rev.9) and

HAS DECIDED AS FOLLOWS:

The measures set out in the Annex hereto shall be implemented with a view to introducing and applying
the Schengen arrangements in airports and aerodromes.

Bonn, 22 December 1994.

The Chairman

Bernd SCHMIDBAUER

22.9.2000

EN

Official Journal of the European Communities

169

SCH/I-Front (94)39 rev. 9

on introducing and applying the Schengen arrangements in airports and aerodromes (secondary
airports)

DECISION

language countries will use the abbreviations (cid:145)UE(cid:146) and
(cid:145)non-UE(cid:146).

3.

In aerodromes, airports which do not hold the status of
law but
international airport under the relevant national
flights,
international
authorised to serve
which are
conditions governing controls will be aligned on the
conditions
that apply in airports, with the following
exceptions:

(cid:151) to obviate risks, checks must be carried out on
passengers from flights where uncertainty exists as to
whether they are exclusively coming from, or solely
bound for,
the Contracting Parties
without landing on the territory of a third country,

the territories of

in aerodromes at all

(cid:151) where the volume of traffic allows, border control staff
need not be present
times,
provided that there is a guarantee that the requisite
personnel can be deployed in good time should the
need arise. The manager of the aerodrome is required
to give the border control authorities adequate notice
of the arrivals and departures of international flights.
Use of extra police officers is authorised provided that
this is permissible under national law,

(cid:151) in general

to make
it will not be necessary
arrangements in aerodromes to ensure that passenger
flights are
flows
physically separated.

from domestic and international

Provisions on aerodromes will be added to the Common
Manual.

the

importance of

When introducing the Schengen arrangements in airports and
illegal
aerodromes,
immigration and the function of airports as internal and
external borders should be taken into account. The Contracting
Parties consider it necessary to introduce the following new
measures.

airways

the

for

1. Given the need to prevent the intermingling of passenger
flows from domestic and international
flights, at entry
points, before border police checks, and at exit points,
such checks, and whereas before the Schengen
after
infrastructure
Convention is brought
into force
necessary to ensure the physical
such
passenger flows should be in place at all airports (apart
from Schiphol Airport
in Amsterdam which has been
granted an exemption until the end of 1995 on condition
that during this period it takes procedural measures to
ensure that passenger flows are clearly separated),
the
Schengen Convention will also be brought into force for
air traffic on the date set by the Executive Committee (1).

separation of

the

During the preparatory stage, between 22 December 1994
and 26 March 1995, the Contracting Parties will inform
each other of the measures that are adopted.

2.

In the case of controls on international flights, to reduce
delays for persons covered by Community law, who are
generally subject only to an identity check, provision will
be made for separate checkpoints bearing uniform minimal
markings in all the Schengen States, the European Union
in a circle of stars. The
emblem with the letters (cid:145)EU(cid:146)
third-country nationals will
checkpoints
intended for
in Romance-
indicate (cid:145)Non-EU nationals(cid:146). Checkpoints

(1) This provision is based on the assumption that

the decision
bringing the Schengen Convention into force will be adopted on
22 September 1994 and that there will be a three-month period
between this decision and the date of entry into force.

170

EN

Official Journal of the European Communities

22.9.2000

INTRODUCING AND APPLYING THE SCHENGEN ARRANGEMENTS IN AIRPORTS AND AERODROMES
(SECONDARY AIRPORTS)

Airports play a key role in the Schengen system: firstly, they
are of considerable importance as an access point
for an
ever-increasing number of travellers and consequently also for
illegal
immigrants; secondly, they serve as both internal and
external borders and therefore constitute a specific sector
facing a series of specific problems.

In concrete terms, the following aspects need to be take into
account:

takes procedural
condition that during this period it
measures to ensure that passenger flows are separated,
the Schengen Convention will also be brought into force
for
set by the Executive
air
Committee (1).

traffic on the date

During the preparatory stage, between 22 December
1994 and 26 March 1995, the Contracting Parties will
inform each other of the measures that are adopted.

(cid:151) bringing into force of the Schengen Convention,

2.

Channelling of passenger flows in airports

(cid:151) channelling of passenger flows in airports,

(cid:151) adaptation of the level of checks on civil air traffic to the

Schengen provisions,

(cid:151) specific features of aerodromes.

1.

Bringing into force of the Schengen Convention

The Schengen arrangements introduce an important new
irrespective of their nationality, domestic flight
feature:
passengers will no longer be subject
to any checks
flight passengers will undergo
international
whereas
checks on entry and departure,
the thoroughness of
which will vary depending on their nationality. To fulfil
both objectives simultaneously, these two categories of
passenger have to be separated. Steps must be taken to
prevent checks from being carried out on domestic flight
passengers, on the one hand, and international
flight
passengers from entering the territory of the Schengen
States without undergoing checks, on the other.

Total
separation can only be achieved by physical
measures, mainly by putting in place the necessary
separation include building
infrastructure. Means of
partitions in existing control areas, the use of different
levels in existing buildings or dealing with traffic in
different terminals.

in particular
considerably

Tests have shown that implementation of the Schengen
controls on
provisions on controls,
third-country
the
nationals,
duration of controls and gives rise to long delays. To
time spent at checkpoints
ensure that
remains acceptable, at
for persons covered by
least
Community law, greater emphasis must be placed on
speeding up controls for those travellers.

the amount of

increases

persons

covered

so that

specifically

In this context, one solution would be to provide
checkpoints
by
for
these travellers, who are
Community law,
generally subject only to minimal checks, are not delayed
on account of having to go to the same counter as
third-country nationals who must undergo thorough and
lengthy checks. Nevertheless, experience has shown that
passengers only queue at the right checkpoints when the
signs are comprehensible to all. Greater uniformity would
probably lead to better compliance with signs. The
objective should be to achieve concerted practice in all
the Schengen States.

in all

For persons covered by Community law, provision will
separate checkpoints bearing uniform
be made for
the
minimal markings
European Union emblem with the letters (cid:145)EU(cid:146) in a circle
of
third-country
nationals will indicate (cid:145)Non-EU nationals(cid:146). Checkpoints in
Romance-language countries will use the abbreviations
(cid:145)UE(cid:146) and (cid:145)non-UE(cid:146).

stars. The checkpoints

the Schengen States,

intended for

3.

Adaptation of the level of checks on civil air traffic
to the Schengen provisions

The principles governing checks at
airports, being
external borders, are the same as those governing checks

Given that, when the Schengen Convention is brought
into force, the necessary infrastructure should be in place
at all airports apart from Schiphol Airport, which has
been granted an exemption until the end of 1995 on

(1) This provision is based on the assumption that

the decision
bringing into force the Schengen Convention will be adopted on
22 September 1994 and that there will be a three-month period
between this decision and the date of entry into force.

22.9.2000

EN

Official Journal of the European Communities

171

on travellers elsewhere, for instance at road checkpoints.
However, in contrast to the latter, time is a key factor in
air traffic, largely on account of flight connections.

Hence the need to reconcile security requirements and
time constraints.
In cases of doubt, however, priority
should always be given to security requirements.

vary

the structure of

The duration of the entire control procedure depends on
the workload of the border control staff but also on a
range of other factors such as the number of passengers,
the buildings, etc.
their make-up,
Circumstances
to another.
from one
According to studies undertaken by IATA, if the average
duration of checks on passengers exceeds 40 seconds, the
functioning is considerably disrupted. These
airport’s
results are borne out by tests carried out on the basis of
the Schengen provisions on controls. Given that space
and reception facilities are limited, this situation cannot
be changed overnight, even if staff levels are increased.

airport

This is why, in addition to deploying extra staff, special
to enable
arrangements must be made at airports
compliance with the level of Schengen controls and to
ensure that time spent on checks is not incompatible
with the time constraints imposed by the other systems
that must be taken into account, such as international air
traffic.

are

(cid:151) pursuant to the decision by the Ministers and State
Secretaries of 6 November 1992, external border
controls
Schengen
in
requirements if their level of intensity matches the
risks
third
and threats posed by the different
countries. The Schengen Contracting Parties will
inform each other of the implementing provisions.

effective

terms

of

To this end, the Contracting Parties intend to ask
their
risks and
threats are posed by third countries,

to establish what

security forces

(cid:151) automated border

controls are another way of
speeding up passenger checks while at the same time
economising on staff. This
automated method
involves an electronic reading of a travel document
or a card containing a special microchip. Faster
controls mainly result from the installation of a large
number of automatic readers which do not take up
much room and which are significantly cheaper than
a checkpoint manned by an officer.

to

checks

comprehensive

This procedure provides the means to carry out
immediate
establish
whether all the entry conditions are met by means of
access to automated search data, checks carried out
before authorisation to use the automated system was
granted, and repeat controls. Moreover, the border
control authorities may at any time carry out
additional controls considered necessary.

A distinction should be made between organisational
measures which are feasible in the short
term and
measures based on complex technology which, by their
very nature, take longer to implement.

3.2. Advanced Passenger Information System

Contracting

The
propose
expediency of the following measures:

Parties

examining

the

3.1. Organisational measures

The measures falling under this category should make it
possible
control
and speed up the
procedure without causing any security deficits:

to rationalise

(cid:151) instituting a second set of controls allowing staff at a
first checkpoint to pass on difficult cases to staff at a
second checkpoint;
this procedure should make it
possible to maintain a brisk pace during checks on
passenger flows,

To adapt the level of air traffic controls to Schengen
requirements, new avenues must be explored. Since the
scope for increasing the duration of controls once a
plane has landed cannot be widened at will, this situation
has to be remedied by carrying out advance checks on
passengers before the aeroplane lands. This procedure is
already used to a certain extent
in international air
transport and is organised in such a way that passenger
data are electronically transmitted to the airport of arrival
once the aeroplane has taken off. The border control
authorities at the airport of destination can then start to
compare these details with their data and search files and
generally have enough time to do so.

3.3. Pre-flight inspections

Pre-flight inspections are another means of carrying out
advance checks on passengers. Under this system, border

172

EN

Official Journal of the European Communities

22.9.2000

control officials of the country of destination may, on the
basis of international agreements, carry out checks in the
airport of departure to determine whether passengers
fulfil certain conditions for entering the territory of the
Schengen State of destination and whether they can
board the flight. Pre-flight inspections constitute an extra
entry control, but do not replace the entry controls
carried out at the airport of arrival.

4.

Specific features of aerodromes

In aerodromes, airports which do not hold the status of
international airport under the relevant national law but
which are authorised to serve
flights,
passengers from international flights are subject to checks
on persons (Section II, point 3.3.3 of
the Common
Manual (*)).

international

whether they are exclusively coming from, or solely
the Contracting Parties
bound for,
without landing on the territory of a third country.

the territories of

Where the volume of traffic allows, border control staff
need not be present in aerodromes at all times, provided
that there is a guarantee that the requisite personnel can
be deployed in good time should the need arise. The
manager of the aerodrome is required to give the border
control authorities adequate notice of the arrivals and
flights. Use of extra police
departures of
officers is authorised provided that
this is permissible
under national law.

international

Since traffic at aerodromes is usually sporadic, in general
it will not be necessary to put in place the infrastructure
to physically separate passengers from domestic and
international flights.

To obviate
carried out on
checks must be
passengers from flights where uncertainty exists as to

risks,

Provisions on aerodromes will be added to the Common
Manual.

(*) Confidential document: see SCH/Com-ex (98)17.

22.9.2000

EN

Official Journal of the European Communities

173

DECISION OF THE EXECUTIVE COMMITTEE

of 22 December 1994

on the exchange of statistical information on the issuing of uniform visas

(SCH/Com-ex (94)25)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 12(3) of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

1. The Contracting Parties shall exchange statistical

information with each other on the issuing of
uniform visas. The table attached hereto indicates what information is to be gathered and the intervals
at which these exchanges are to take place.

2. The Contracting Parties shall transmit the statistical information to the Schengen General Secretariat.
The Secretariat shall collate this information and compile global tables giving an overview of each
period, which it shall make available to the Contracting Parties.

3. Notwithstanding the above exchanges, statistical information may also be exchanged locally within the
framework of consular cooperation in accordance with a procedure agreed on by the Representations
concerned.

Bonn, 22 December 1994.

The Chairman

Bernd SCHMIDBAUER

174

EN

Official Journal of the European Communities

22.9.2000

Exchange of statistics on the issuing of visas

SCH/II-Visa (94)33 rev.

Type of visa

Frequency

Information to be exchanged

Uniform visa issued by the diplomatic
and consular representations

Six-monthly

(cid:151) Issuing Representation

(cid:151) Type of visa (shortstay, transit visa, airport transit

visa)

(cid:151) Type of travel document

(cid:151) Nationality

Uniform visa (issued at the border)

Quarterly

(cid:151) Issuing border post

(cid:151) Type of visa

(cid:151) Type of travel document

(cid:151) Nationality

Visa with limited territorial validity

Quarterly

(cid:151) Issuing Representation/border post

(cid:151) Nationality

(statistics shall be collated without prejudice to the
obligation to inform the other Contracting Parties)

Visa issued after
consultation with
central authorities of other Contracting
Parties

Annually

(cid:151) See document SCH/IIVision (93)20 rev. 3 (*)

(*) Confidential document. See SCH/Comex (94)15.

22.9.2000

EN

Official Journal of the European Communities

175

DECISION OF THE EXECUTIVE COMMITTEE

of 5 May 1995

on common visa policy

Decision contained in the minutes of the meeting of the Executive Committee held in Brussels on
28 April 1995

(SCH/Com-ex (95) PV 1 rev.)

8. Other business

Visa policy with regard to Indonesia

The Executive Committee re-examined the item on visa policy with regard to Indonesia, which
appeared on the agenda of the follow-up committee, and agreed on the following solution, which
would apply temporarily and by way of exception.

1. Visa applications lodged by Indonesians who have stated that they intend to enter or transit

through the national territory of Portugal

(cid:151) shall be subject to prior consultation; Indonesians may only enter Portuguese territory if they

have received official authorisation from the Portuguese State.

2. Visa applications lodged by Indonesians who have stated that they have no intention of entering

or transiting through the national territory of Portugal

(cid:151) do not require prior consultation. In such cases, to ensure Indonesian nationals cannot travel
freely to Portugal, the other Schengen States shall issue such nationals a visa with limited
territorial validity authorising the holder to enter the territory of one or several Contracting
Parties with the exception of Portuguese territory.

The Executive Committee would examine this question again at the end of the year.

176

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 20 December 1995

on the swift exchange between the Schengen States of statistical and specific data on possible
malfunctions at the external borders

(SCH/Com-ex (95)21)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Articles 7 and 131 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

The Schengen States shall exchange as quickly as possible statistical and specific data which reveal any
possible malfunctions at the external borders.

The Schengen States shall communicate any specific data they might have to the Presidency via the
General Secretariat.

The Subgroup on Borders shall examine this data at every meeting and put forward practical solutions.

Ostend, 20 December 1995.

The Chairman

J. VANDE LANOTTE

22.9.2000

EN

Official Journal of the European Communities

177

SCH/I-Front (95)45 rev. 2 corr.

NOTE TO THE CENTRAL GROUP

Following the mandate given to the Central Group by the Executive Committee on 24 October 1995, the
Subgroup on Frontiers was instructed to look into the problems encountered with regard to checks at
external frontiers.

For this purpose, in implementation of Article 7 of the Schengen Convention and in order to give a
factual content to the provisions of point 4.1 of the Common Manual, a statistical tool has been devised,
based on the work of CIREFI.

Each State undertakes to forward to the Schengen Secretariat, within 30 days of its being gathered, statistical
information permitting better monitoring and knowledge of migration phenomena, in the form of the
attached tables.

The Schengen Secretariat is instructed to forward that information to all the Schengen States immediately.

The Schengen Secretariat, in liaison with the FMAD (seconded officials), will collate the information. The
FMAD may undertake on the Presidency’s behalf an initial analysis of problems which might appear on
examination of such information. Each Member State also retains the right to raise questions which it
thinks should be looked into.

Parallel to the forwarding of statistical information each Member State must communicate information on
current difficulties in carrying out controls at external frontiers; that information may also be analysed in
accordance with the arrangements referred to in the preceding paragraph.

For this purpose the national authorities of
the Schengen States, acting through their departments
responsible for external frontiers controls and through liaison officers, in so far as bilateral agreements on
the secondment of officials make provision for such duties, are to collect all
information on specific
problems arising at external frontiers which suggest a dysfunctioning at frontier control level. National
authorities are to compile and analyse this information and inform the Presidency through the Secretariat.

Each meeting of the Subgroup on Frontiers must devote an item on its agenda to any observations made
on those statistics and on these problems.

Period:

F/United
Kingdom

F/Belgium

F/Luxembourg

F/Germany

F/Swiss
Confederation

F/Italy

F/Spain

F/Andorra

TOTAL

SCHENGEN

I-EVALUATION REGARDING LAND FRONTIERS

Aliens refused entry (1)

During the period

During the corresponding period
of the previous year

Trend (%)

Illegal aliens apprehended near the
frontier (2)

During the period

During the corresponding period
of the previous year

Trend (%)

Aliens readmitted (3)

During the period

During the corresponding period
of the previous year

Trend (%)

Couriers apprehended

During the period

During the corresponding period
of the previous year

Trend (%)

Aliens apprehended carrying false or
falsified documents

During the period

During the corresponding period
of the previous year

Trend (%)

NB: Each Contracting Party is to modify Table I according to its neighbouring countries.

1
7
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

Period:

Aliens refused entry (1)

During the period

II-EVALUATION REGARDING MARITIME AND AIR FRONTIERS

MARITIME FRONTIERS

AIR FRONTIERS

Internal

External

Internal

External

During the corresponding period of the
previous year

Trend (%)

Aliens readmitted (3)

During the period

During the corresponding period of the
previous year

Trend (%)

Aliens apprehended carrying false or falsified
documents

During the period

During the corresponding period of the
previous year

Trend (%)

(1) Aliens refused entry: this term means the number of aliens who have been the subject of a readmission procedure in accordance with point 1.4 of the Common Manual.
(2)

Illegal aliens apprehended near the frontier: this term means the number of aliens who could be the subject of a readmission procedure without formalities in a non-Schengen State.
NB: For countries for which no readmission agreement applies, these are illegal aliens apprehended in an irregular situation in a geographical area defined by those States.

(3) Aliens readmitted: this term means the number of aliens who could be the subject of a readmission procedure in a non-Schengen State.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1
7
9

180

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 27 June 1996

on the principles for issuing Schengen visas in accordance with Article 30(1)(a) of the Convention
implementing the Schengen Agreement

(SCH/Com-ex (96)13 rev. 1)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing
the Schengen Agreement,

Having regard to Articles 9, 17 and 30 of the abovementioned
Convention,

Whereas it is in the interest of all Schengen States to define
the rights and obligations of representing and represented
States, since all Schengen States have representations in which
they represent other States and places where they themselves
are represented;

Whereas the main principle underlying cooperation between
the Schengen States is absolute confidence in the way in which
the Schengen representation system is applied,

HAS DECIDED AS FOLLOWS:

The issue of Schengen visas in third States where not all
Schengen States are represented pursuant to Article 30(1)(a) of
the Agreement implementing the Schengen Convention shall
take place in accordance with the following principles.

(a) Representation with respect to the issue of visas shall apply
to airport transit visas, uniform transit visas and short-stay
visas
the Schengen
Convention and in accordance with the Common Consular
Instructions.

issued within the framework of

The representing State shall be obliged to apply the
provisions of the Common Consular Instructions with the
same urgency as is accorded to the issue of national visas
of this kind and validity.

(b) Except where otherwise provided for in specific bilateral
agreements, the representation arrangement shall not apply
to visas issued to persons intending to take up paid
employment or an activity which is subject to the prior
take place. Persons
approval of
applying for
to the accredited
consular representation of the State where the said activity
is to be carried out.

the State where it will
refer

such visas must

(c)

It shall not be obligatory for Schengen States
to be
represented in every third country for the purpose of
issuing visas. Schengen States may decide
that visa
applications in certain third countries or applications for a
certain category of visa have to be submitted to a
representation of the State which is the applicant’s main
travel destination.

(d) Assessment of the risk of illegal immigration when the visa
application is lodged shall be entirely at the discretion of
the diplomatic or consular representation processing the
visa application.

(e) The represented States

shall accept

responsibility for
asylum applications lodged by holders of a visa issued by
the representing States on their behalf, whereby such visas
shall explicitly state that they were issued in the framework
of representation (in accordance with Annex 13 of the
Common Consular Instructions) (1).

(f)

the representing State shall either

In exceptional cases, bilateral agreements may stipulate
that
send the visa
applications lodged by certain categories of aliens to the
authorities of the represented State which is also the main
travel destination, or to a diplomatic mission of this State.
These categories
should be established in writing (if
necessary for each diplomatic or consular representation).
The visa shall thus be deemed to have been issued with the
authorisation of
the represented State, as provided for
under Article 30(1)(a) of the Schengen Convention.

(g) Bilateral agreements may be adapted in due course in the
light of national assessments of applications for asylum
lodged within a fixed period by holders of visas issued in
the framework of representation, and other relevant data
pertaining to the issue of visas.

On the basis of the results, it may be agreed to withdraw
representation in the case of certain representations (and
possibly, for certain nationalities).

(h) Representation shall apply only to the issue of visas. If the
visa cannot be issued because the alien has not been able

(1) Annex 13 of the Common Consular Instructions will be adapted

accordingly. See SCH/Com-ex (99)13.

22.9.2000

EN

Official Journal of the European Communities

181

to provide sufficient documentary evidence that he or she
has satisfied the conditions, the alien should be informed
of
submitting his application to a
diplomatic representation of the State which is his or her
main travel destination.

the possibility of

(j) Attached to this document is a table on representation for
the issue of Schengen visas in third States where not all
Schengen States are represented. The Central Group takes
note of
after
consultation between the Schengen States concerned (1).

amendments made

to this

table

the

(i) The representation arrangement can be further improved
by extending the consultation network, and by developing
software which would enable the Representations of the
representing State to consult the central authorities of the
represented State without difficulty.

The Hague, 27 June 1996.

The Chairman

M. PATIJN

(1) See document SCH/Com-ex (99)13, Annex 4.

182

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 19 December 1996

on issuing visas at borders to seamen in transit

(SCH/Com-ex (96)27)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 134 of the abovementioned Convention,

Having regard to subparagraphs (c) and (d) of Article 17(3) of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

The procedure for issuing visas at borders to seamen in transit shall comply with the common principles
defined in the documents set out in the Annex (SCH/II-Visa (96)11 rev. 4, SCH/I-Front (96)58 rev. 3,
SCH/I-Front (96)78 rev. 2 and SCH/SG (96)62 rev.). These instructions shall apply from 1 February 1997.

Luxembourg, 19 December 1996.

The Chairman

M. FISCHBACH

22.9.2000

EN

Official Journal of the European Communities

183

ISSUING VISAS TO SEAMEN IN TRANSIT

SCH/II-Visa (96)11 rev. 4

Issuing visas to seamen is causing a number of specific
problems as it is often the case that the vessel’s port of call is
not known in advance and the seamen rarely know exactly
where they will end their service. Sometimes seamen also have
to sign on at a port at very short notice. Given the
unpredictable itineraries and the very short periods of notice,
seamen subject
frequently present
themselves at both maritime ports and airports at the external
borders of Schengen without actually holding a visa.

requirements

to visa

Before the Schengen Convention was applied, under such
circumstances a transit visa could be issued at the internal
borders. These borders may now be crossed without any
checks being carried out.

In order, firstly, to guarantee that the Schengen provisions on
visas are respected and, secondly,
to avoid damaging the
implementing procedures
interests of
ought to be defined so that seamen who present themselves at
borders at the start or the end of their service can enter and/or
pass through Schengen territory.

the merchant navy,

(c) Seamen who belong to the category of aliens who cannot
be granted a visa without prior consultation pursuant to
Annex 5B of
the Common Consular Instructions may
(according to Decision SCH/Com-ex (94)2 rev.) be issued a
limited visa for the territory of the visa-issuing State.

(d) A check should be carried out at the border to verify that
seamen without a Schengen visa meet the conditions for
entering Schengen territory.

(e) A system should be set up for exchanging information
between the external border authorities in order to be able
to assess the factual situation, and in particular to be able
to check the information on vessels’ journeys, the muster
rolls and seamen arriving and leaving.

(f) Checks to verify that the entry conditions are respected are
based in particular on the necessary information obtained
from this exchange system.
If seamen meet these entry
conditions, they may be issued a visa at the border.

(a) Seamen requiring a visa who are passing through
Schengen territory in order to sign on a vessel, leave their
service or join another vessel should,
in principle, be in
possession of a standard Schengen visa.

(g) Before the authorities can issue a visa at the border, an
information form on the seaman concerned, the vessel, the
shipowner and departure dates, etc. must be produced.

(h) There must be good grounds for integrating the provisions
on issuing visas to seamen in transit at the border into the
Common Manual
(Annex 14) and into the Common
Consular Instructions.

(i) The problem of

to prior
seamen who are
consultation under the above stated conditions and who
wish to transit through two or more Schengen States will
be studied later in the light of experience acquired.

subject

(b) According to Decision SCH/Com-ex (94)2 rev., a visa may
be issued to seamen who present themselves at an external
border without an entry visa owing to insufficient time
and for compelling grounds, subject to the condition that
they do not belong to the category of aliens who cannot
be granted a visa without prior consultation pursuant to
Annex 5B of the Common Consular Instructions (*). The
visa issued should be a transit visa valid for a maximum of
five days and should mention that the holder is a seaman.

(*) Confidential document. See SCH/Com-ex (98)17.

184

EN

Official Journal of the European Communities

22.9.2000

DRAFT OPERATIONAL INSTRUCTIONS (1) FOR ISSUING VISAS AT THE BORDER TO SEAMEN IN
TRANSIT

SCH/I-Front (96)58 rev. 3

The sole objective of these operational instructions (which are based on document SCH/II-Visa (96)11,
rev. 3) is to provide regulations for the exchange of information between the border control authorities of
the various Schengen States with respect to seamen in transit subject to visa requirements. In so far as a
visa is issued at the border on the basis of the information that has been exchanged, the responsibility lies
with the Schengen State issuing the visa.

I.

Signing on at a ship situated in or expected at a Schengen port

(a) Entry into Schengen territory via an airport situated in another Schengen State

(cid:151) The shipping company or agency informs the border control authorities in the Schengen port
where the ship is berthed or expected, that seamen subject to visa requirements are due to
enter via a Schengen airport. The shipping company or agency signs a guarantee in respect of
these seamen,

(cid:151) the said border control authorities verify as soon as possible whether the information provided
by the shipping company or agency is correct and examine whether the other conditions,
referred to in the Common Manual and which they are able to check, for entry into Schengen
territory have been satisfied. Within the framework of this investigation the travel route within
Schengen territory is also verified by, for example, checking airline tickets,

(cid:151) the border control authorities of the Schengen port inform the border control authorities of
the Schengen airport of entry by means of a duly completed Schengen form (see Annex I),
preferably by fax (see Annex II for faxes and telephone numbers of contacts at the most
important external border posts) of the results of the verification and indicate whether a visa
can in principle be issued at the border on the basis of these results,

(cid:151) where the verification of the available data is positive and the outcome concurs with the
seaman’s declaration or documents, the border control authorities of the Schengen airport of
entry or exit may issue a Schengen transit visa at the border with a maximum validity of five
days. Furthermore, in such cases the seaman’s travel document referred to above has to be
stamped with a Schengen entry or exit stamp and given to the seaman concerned.

(b) Entry into Schengen via a land or sea border situated in another Schengen State

(cid:151) In this case the same procedure applies with respect to entry via a Schengen airport except
that the border control authorities of the border crossing point through which the seamen
concerned enter Schengen territory, are informed.

II. Signing-off from a ship that has entered a Schengen port

(a) Exit from Schengen territory via an airport situated in another Schengen Member State

(cid:151) The shipping company or agency informs the border control authorities in the said Schengen
port of the entry of seamen subject to visa requirements who are signing off and will leave

(1) These instructions do not apply to seamen who may only be issued a visa subject to prior consultation,

in

accordance with Annex 5 of the Common Consular Instructions.

22.9.2000

EN

Official Journal of the European Communities

185

Schengen territory via a Schengen airport. The shipping company or agency signs a guarantee
in respect of these seamen,

(cid:151) the said border control authorities verify as soon as possible the accuracy of the elements
communicated by the shipping company or its agent and ascertain whether the other
conditions, referred to in the Common Manual and which they are able to check, for entering
Schengen territory have been satisfied. Within the framework of this investigation the travel
route within Schengen territory is also verified by, for example, checking airline tickets,

(cid:151) where the verification of the data available is positive, the border control authorities may issue

a Schengen transit visa with a maximum validity of five days.

(b) Exit from Schengen territory via a land or sea border situated in another Schengen State

(cid:151) In this case the same procedure applies with respect to exit via a Schengen airport.

III. Transferring from a ship that entered a Schengen port to a ship that will sail from a port

situated in another Schengen State

(cid:151) The shipping company or agency informs the border control authorities in the abovementioned
Schengen port, of the entry of seamen subject to visa requirements who are due to sign off and
who will leave Schengen territory via another Schengen port. The shipping company or shipping
agency signs a guarantee in respect of these seamen,

(cid:151) the said border control authorities verify as soon as possible the bona fide nature of the shipping
company’s or agency’s report and examine whether the other conditions, referred to in the
Common Manual and which they are able to check, for entry into Schengen territory have been
satisfied. The border control authorities of the Schengen port from which the seamen will leave
Schengen territory by ship will be contacted for the verification. A check will be carried out to
establish whether the ship they have signed on is berthed there or expected. Within the
framework of this investigation the travel route within Schengen territory is also verified, for
example by checking airline tickets,

(cid:151) where the verification of the available information is positive, the border control authorities may

issue a Schengen visa with a maximum validity of five days.

Annexes (*):

I Schengen form for seamen in transit
II List of addresses and telephone numbers of contact points at border posts

(*) Not published.

186

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 15 December 1997

on the harmonisation of visa policy

(SCH/Com-ex (97)32)

THE EXECUTIVE COMMITTEE,

HAS DECIDED AS FOLLOWS:

Having regard to Article 132 of the Convention implementing
the Schengen Agreement,

Having regard to Article 9 of the abovementioned Convention,

is in the interest of all Schengen partners to
Whereas it
their visa policies in the
harmonise by mutual agreement
framework of
their common policy on the movement of
persons in order to avoid any adverse consequences that the
absence of harmonisation could cause in the area of entry and
internal security;

Wishing to eliminate as quickly as possible the existing
differences between the various visa regulations in the States
listed in Title III of Annex I
to the Common Consular
Instructions;

Taking as a base the document entitled (cid:145)Essential criteria for
including countries on the joint
list of countries whose
nationals require visas(cid:146) (SCH/M (92)32 rev.), adopted by the
Ministers and State Secretaries in Madrid on 15 December;

Guided by the principle of solidarity among the Schengen
partners,

1. The Schengen States shall initiate the measures necessary
to abolish the visa requirement for nationals of Australia,
Brunei, Costa Rica, Croatia, El Salvador, Guatemala,
Honduras, Malaysia, Nicaragua,
Paraguay,
Singapore and Venezuela in good time for this abolition to
take effect on 1 January 1999 at the latest.

Panama,

2. The States of Bosnia-Herzegovina,

Jamaica, Malawi and
Kenya shall be added to Section I of Annex I
to the
Common Consular Instructions (Joint list of States whose
nationals are subject to the visa requirement by all the
Schengen States) (*).

3. The visa requirement for nationals of the States mentioned
under point 2 shall take effect on 1 January 1999 at the
latest.

4. With regard to Bolivia, Colombia and Ecuador,

the
Schengen States undertake to bring about the solution to
be achieved pursuant to Article 100c of the EC Treaty by
1 January 1999 at the latest.

Vienna, 15 December 1997.

The President

K. SCHL(cid:214)GL

(*) See SCH/Com-ex (99)13.

22.9.2000

EN

Official Journal of the European Communities

187

DECISION OF THE EXECUTIVE COMMITTEE

of 15 December 1997

on the implementation of the Joint Action concerning a uniform format for residence permits

(SCH/Com-ex (97)34 rev.)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132(2) of the Convention implementing the Schengen Agreement, signed in
Schengen on 19 June 1990 (hereinafter (cid:145)the Schengen Convention(cid:146)),

Having regard to Article 134 of the abovementioned Convention,

Having regard to the decision of the Central Group of 14 May 1997,

Recalling the outcome of the Central Group meeting of 28 October 1997,

HAS DECIDED AS FOLLOWS:

The Schengen States shall endeavour to implement the Joint Action of 16 December 1996 concerning a
uniform format for residence permits (97/11/JHA Joint Action (OJ L 7, 10.1.1997, p. 1)) as soon as
possible, if necessary by phasing it in, before the end of the transitional periods stipulated in the Joint
Action.

Vienna, 15 December 1997.

The President

K. SCHL(cid:214)GL

188

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 15 December 1997

on the guiding principles for means of proof and indicative evidence within the framework of
readmission agreements between Schengen States

(SCH/Com-ex (97)39 rev.)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 23(4) of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

Document SCH/II-Read (97)3 rev. 7 on the guiding principles for means of proof and indicative evidence
under readmission agreements between Schengen States, attached hereto,
is hereby approved. The
application of these principles is recommended as of the date of adoption of this Decision.

Vienna, 15 December 1997.

The President

K. SCHL(cid:214)GL

22.9.2000

EN

Official Journal of the European Communities

189

SCH/II-Read (97)3 rev. 7

Subject: Guiding principles for means of proof and indicative evidence under readmission

agreements between Schengen States

Whereas problems have arisen in practice when applying readmission agreements, notably with the means
of proof establishing the illegal residence in or transit through the territory of the requested Contracting
Party by foreign nationals;

The Contracting Parties have adopted the following guiding principles which may be of use to the
Contracting Parties when applying future readmission agreements:

1. The following documents, inter alia, may be deemed to provide proof of residence or transit:

(cid:151) an entry stamp affixed to the travel document by the requested Contracting Party,

(cid:151) an exit stamp of a State adjacent to a Contracting Party, taking into account the travel route and

date of the frontier crossing,

(cid:151) an entry stamp affixed to a false or falsified travel document by the requested Contracting Party,

(cid:151) travel tickets issued by name which can formally establish entry,

(cid:151) fingerprints,

(cid:151) a valid residence permit,

(cid:151) a valid visa issued by the requested Contracting Party,

(cid:151) an embarkation/disembarkation card showing the date of entry into the territory of the requested

Contracting Party.

2. A presumption of residence or transit may be established,

inter alia, by the following indicative

evidence:

(cid:151) statements by officials,

(cid:151) statements by third parties,

(cid:151) statements by the person to be transferred,

(cid:151) an expired residence permit issued by the requested Contracting Party, whatever the type,

(cid:151) an expired visa issued by the requested Contracting Party,

(cid:151) documents issued by name in the territory of the requested Contracting Party,

(cid:151) travel tickets,

190

EN

Official Journal of the European Communities

22.9.2000

(cid:151) hotel bills,

(cid:151) cards for access to public or private amenities in the Contracting Parties,

(cid:151) appointment cards for doctors, dentists, etc.,

(cid:151) data showing that the person to be transferred has used the services of a facilitator or travel

agency.

In so far as the Schengen Partners take into account the means of proof listed under point 1 when
concluding future readmission agreements, these shall provide conclusive proof of residence or transit.
In principle, no further investigation shall be carried out. Evidence to the contrary shall, however, be
admissible (e.g. showing a document to be falsified or forged).

In so far as the Schengen Partners take into account
the evidence listed under point 2 when
concluding future readmission agreements, such evidence shall establish a presumption of residence or
transit. It is by nature rebuttable by evidence to the contrary.

3.

4.

22.9.2000

EN

Official Journal of the European Communities

191

DECISION OF THE EXECUTIVE COMMITTEE

of 21 April 1998

on the activities of the Task Force

(SCH/Com-ex (98)1 rev. 2)

THE EXECUTIVE COMMITTEE,

(cid:151) the inspection of ferries both during loading and when

putting out to sea,

Having regard to Article 132 of the Convention implementing
the Schengen Agreement,

Having regard to Article 6 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

(cid:151) implementing and fostering the harmonisation of sanctions
on and arrangements with carriers transporting illegal
immigrants to the Schengen area,

(cid:151) the performance of pre-boarding checks at high-risk points

of departure still to be specified,

Given the increase in the number of
foreign nationals
immigrating into the Schengen States, in particular nationals of
Iraq and other States,
in the context of
recommendations either already made or still under discussion
in the European Union, to step up external border checks and
take practical steps to underpin the effectiveness of such
checks in accordance with a joint plan.

is necessary,

it

In accordance with the rule of specific powers, it is possible
within the bounds of the Schengen remit to focus particular
attention on the pull
irregular
immigration flow without losing sight of the fact that other
bodies are to deal with the causes of this phenomenon in the
regions of origin and transit.

factors underlying this

The Executive Committee proposes that the Schengen States
immediately begin to implement the following measures for
checks at the external borders, whilst taking into account the
recommendations contemplated within the European Union in
other areas and whilst stressing the need for appropriate steps
also to be taken in implementation of the Dublin Convention:

(cid:151) the reinforcement of entry checks at the external borders
by deploying extra personnel and modern technology,

(cid:151) securing the areas at airports not accessible to the public
with regard to flights from outside the Schengen area and
serving
transfer passengers; parallel measures at ports
international traffic,

(cid:151) the provision of mutual assistance in the initial and further
training both of staff responsible for carrying out checks at
airports and ports and of airline personnel, for instance by
means of bilateral exchange programmes; greater use and
the reciprocal provision of modern technology and an
increase in the number of staff deployed,

immigrants,

smuggling illegal
cooperation between police

(cid:151) the exchange of information on routes and modus operandi
stepping up
used for
and
practical
stepping up cooperation
border protection authorities,
between these
from
Schengen States working in third countries; the exchange
from the Contracting Parties by mutual
of officials
agreement
effectiveness of
the
measures to prevent illegal immigration,

and liaison officers

to monitor

authorities

authorities

in order

(cid:151) in compliance with the

area

relevant national

every foreign national
identity
illegally whose

the
law,
entering the
fingerprinting of
Schengen
be
established with certainty on the basis of valid documents;
retention of fingerprints for the purpose of informing the
authorities in other Schengen States;
the principles of
personal data protection law applicable in the European
Union are to be observed,

cannot

(cid:151) in compliance with the relevant national

law, preventing
foreign nationals who have entered the Schengen area
illegally and whose identity cannot be established with
certainty from absconding, either until such time as their
identity has been clearly established or until the measures
required by the aliens police have been ordered and
implemented,

(cid:151) the immediate expulsion of

foreign nationals who have
entered the territory of the Contracting States illegally in so
far as they have no right to remain,

(cid:151) supporting negotiations on a

readmission agreement
between the Schengen States on the one hand and Turkey,
the Slovak Republic, Hungary and
the Czech Republic,
Slovenia on the other,

(cid:151) improving practical cooperation between Schengen States

in the application of the Dublin Convention.

192

EN

Official Journal of the European Communities

22.9.2000

These measures shall be implemented:

(cid:151) whilst respecting the national sovereignty of each of the

States,

(cid:151) in accordance with the law of the Contracting States, in

other words, if national law so permits,

(cid:151) without prejudice to the provisions of existing bilateral

agreements,

(cid:151) in

accordance with

Implementing
Convention, and in particular Articles 134 and 142
thereof, in particular regarding the Dublin Convention.

Schengen

the

the need to steer the implementation of

In view of
these
measures and build on them, the Presidency is requested to set
up a Task Force composed at least of representatives of the six
most affected States. This Task Force should meet at short
intervals and report to the next Executive Committee.

This Decision is to be implemented as a complement to the
EU action plan. The necessary coordination is to take place at
the level of the K4 Committee and the Central Group.

Brussels, 21 April 1998.

The Chairman

J. VANDE LANOTTE

22.9.2000

EN

Official Journal of the European Communities

193

DECISION OF THE EXECUTIVE COMMITTEE

of 21 April 1998

on cooperation between the Contracting Parties in returning foreign nationals by air

(SCH/Com-ex (98)10)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 23 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

Document SCH/II-read (97)5 rev. 5 on cooperation between the Contracting Parties in connection with
the expulsion of foreign nationals by air, attached hereto, is hereby approved. These principles shall be
applied from the date of this Decision’s adoption.

Brussels, 21 April 1998.

The Chairman

J. VANDE LANOTTE

194

EN

Official Journal of the European Communities

22.9.2000

NOTE FROM THE AUSTRIAN PRESIDENCY

SCH/II-Read (97)5 rev. 5

SUBJECT: COOPERATION BETWEEN THE CONTRACTING PARTIES IN CONNECTION WITH THE EXPULSION OF

FOREIGN NATIONALS BY AIR

Having regard to the need to give effective shape to the willingness to cooperate that exists between all
the Contracting Parties to facilitate the implementation of measures leading to the expulsion of foreign
nationals from the Schengen area,

Conscious that the existence of a common area for the free movement of persons must serve as an
incentive for cooperation between the bodies responsible for border checks and for applying the
legislation on foreign nationals, whenever this proves necessary,

Having regard to the difficulties experienced by the Contracting Parties in the expulsion of
nationals transiting the territory of the other Contracting Parties,

foreign

Taking into account the recommendation of the Council of the European Union of 30 November 1992
on the adoption of a document on transit for expulsion purposes, the Portuguese Presidency proposes that
all the Contracting Parties use a uniform document to request transit (set out in the Annex) for the
expulsion of foreign nationals.

Request to facilitate transit of foreign nationals for the purposes of their expulsion

The proposed form is to be used on the basis of the following general criteria and aims:

(cid:151) the request to facilitate transit for the purposes of expulsion must be sent to the authority of the State
through which the foreign national will transit as quickly as possible but in principle at least two days
in advance, except in emergencies, when appropriate justification should be provided,

(cid:151) the request must contain all the essential

information on the person(s) to be expelled from the
Schengen area, i.e. their identity, final destination, travel document used, flight details, as well as the
identity of members of the escort and details of the date/time of the flight’s arrival at the airport of
the requested Contracting Party,

(cid:151) under these conditions, all the requested Parties undertake to forward the information relating to the
approved transit to the border control officials where the transit is to take place, so that it may be
facilitated effectively,

(cid:151) to this end the procedure to facilitate transit must include, alongside enforcement, other precautionary
measures and on each occasion that this proves essential for the satisfactory enforcement part of the
expulsion procedure: an escort by a representative of the border authorities from the requested State
from the time of arrival, use of the premises of the requested State, and if necessary, contacts with
other airport representatives,

(cid:151) the request may be refused, especially when the declared period of transit exceeds that permitted by

the national law of the requested State,

(cid:151) the Contracting Parties undertake to provide each other with information on the competent

authorities and the respective contact persons to whom the requests in question should be sent.

22.9.2000

EN

Official Journal of the European Communities

195

ANNEX

REQUEST TO FACILITATE TRANSIT FOR THE PURPOSES OF EXPULSION BY AIR

Requesting authority

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date

Official

Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tel.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tel.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requested authority

EXPULSION INVOLVING TRANSIT

I.
Name

Forename

Nationality/date and place of
birth

Travel document/No/type/expiry
date

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

II.
Escort

yes/no

III.
Route/date/transit via/destination

Name/s:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

at . . . . . . . . . . . . . . . . . . . . . . . . .

on flight . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

at . . . . . . . . . . . . . . . . . . . . . . . . .

on flight . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

at . . . . . . . . . . . . . . . . . . . . . . . . .

on flight . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . .

at . . . . . . . . . . . . . . . . . . . . . . . . .

on flight . . . . . . . . . . . . . . . . . . .

Date:

Date:

Date:

Date:

. . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . .

Decision of the requested authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

yes/no:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Name/signature/date)

IV.
Remarks/observations:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

196

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 21 April 1998

on the exchange of statistics on issued visas

(SCH/Com-ex (98)12)

THE EXECUTIVE COMMITTEE,

Having regard to Article 9 of the Convention implementing
the Schengen Agreement,

Having
Convention,

regard

to Article 16 of

the

abovementioned

Whereas the exchange of statistics at local level on visas which
have been issued and officially refused will enable the various
representations to gain an insight into the overall trends in
visa applications from countries within their jurisdiction and
any possible shifts in applications from one Schengen Partner
mission on post to another;

Whereas
the above overview will enable local consular
cooperation to examine the reasons for any trends observed, in
particular
to draw practical
conclusions and, where appropriate, to make the necessary
recommendations to their respective national authorities;

relating to visa

shopping,

Whereas on the other hand, given that LTV’s should only be
issued in exceptional cases, the monthly exchange at local level
of statistics on the issue of such visas should continue on a
monthly basis,

HAS DECIDED AS FOLLOWS:

1. Statistics on short-stay visas which have been issued and
officially refused, transit visas and airport transit visas shall
be exchanged every quarter.

2. Without prejudice to the obligations arising from Article
16 of the Schengen Convention and explained in Annex
14 to the Common Consular Instructions, according to
which the Schengen States shall communicate any data
relating to the issuing of LTV’s within a period of 72
the Schengen diplomatic missions and consular
hours,
posts are hereby earnestly reminded of
their obligation
(SCH/Com-ex decl. 4)
to exchange on a monthly basis
statistics on LTV’s issued the previous month and to pass
on these statistics to their respective central authorities.

3. Chapter VIII of the Common Consular Instructions shall be

completed accordingly (*).

Having regard to the heavy administrative burden on the
diplomatic missions and consular posts as a result of having to
exchange monthly statistics on short-stay visas which have
been issued and officially refused, requested in note SCH/II
(95)50 rev. 2 from Working Group II to the Central Group,

Brussels, 21 April 1998.

The Chairman

J. VANDE LANOTTE

(*) See document SCH/Com-ex(99)13.

22.9.2000

EN

Official Journal of the European Communities

197

DECISION OF THE EXECUTIVE COMMITTEE

of 23 June 1998

on measures to be taken in respect of countries posing problems with regard to the issue of
documents required for expulsion from the Schengen territory

(SCH/Com-ex (98)18 rev.)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 23 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

The measures to be taken vis-(cid:224)-vis countries posing problems with regard to the issue of documents
required for expulsion from the Schengen territory shall be adopted in accordance with the procedure laid
down in the document annexed hereto.

Ostend, 23 June 1998.

The Chairman

L. TOBBACK

198

EN

Official Journal of the European Communities

22.9.2000

SCH/II-Read (98)2 rev. 2

Subject: Measures to be taken in respect of countries posing problems with regard to the issue of

documents required for expulsion from the Schengen territory

The Belgian Presidency has, on several occasions (the Executive Committee meeting on 15 December
1997 in Vienna, the Central Group meetings on 14 January 1998 in Bruges and on 23 February 1998 in
Luxembourg), expressed its willingness to find solutions to the problems related to the readmission of
illegal foreign nationals.

This specifically concerns difficulties encountered in the area of repatriation, due to a lack of cooperation
from foreign consulates in the Schengen capitals in issuing a laissez-passer. Although initial steps to find
solutions are currently being contemplated at national level, a joint Schengen approach to this problem
might result in more effective solutions.

One of the approaches favoured by Belgium is as follows: a Schengen State finds that it is experiencing
serious difficulties in obtaining a laissez-passer to repatriate illegal foreign nationals. The Schengen State
informs its ambassador in the country concerned and instructs him/her to draw up the measures to be
taken locally together with Schengen colleagues.

The Schengen ambassadors might, in the first instance, make contact with the local authorities to alert
them to the problem of readmitting their nationals and to make arrangements for ad hoc solutions. The
advantage of taking action at local level is that a country’s national authorities are sometimes better placed
to negotiate the readmission of their nationals than its consular staff in the Schengen capitals.

The Readmission Subgroup will be informed of any (cid:145)local action(cid:146) taken. The Central Group will inform
the Executive Committee of any action taken and the outcome of this action.

Should such contact not produce results, it would be necessary to use other means, undoubtedly of a
more binding nature, to raise awareness of the problem, for instance, policy on issuing visas. These
measures will be examined within the Subgroup on Visas.

Each Schengen State shall retain the right to decide whether or not it wants to use any retaliatory
measures proposed.

22.9.2000

EN

Official Journal of the European Communities

199

DECISION OF THE EXECUTIVE COMMITTEE

of 23 June 1998

on Monegasque residence permits

(SCH/Com-ex (98)19)

THE EXECUTIVE COMMITTEE:

Whereas freedom of movement between France and Monaco was instituted prior to the entry into force
of the Convention implementing the Schengen Agreement;

Whereas the Contracting Parties to the Convention implementing the Schengen Agreement have not
called into question these rules on freedom of movement;

Whereas on the basis of the Agreement on Good Neighbourly Relations between France and Monaco of
18 May 1963, as revised and supplemented by an exchange of letters between France and Monaco of 15
December 1997,
the French authorities apply the rules and checks laid down in the Convention
implementing the Schengen Agreement when carrying out checks on the entry, stay and establishment of
foreign nationals in the Principality of Monaco,

HAS DECIDED AS FOLLOWS:

(cid:151) Monegasque residence permits shall be included in the French section of Annex IV to the Common

Consular Instructions (*) set aside for the French authorities,

(cid:151) Monaco-HØliport and Monaco Port de la Condamine shall be added to the authorised external border

crossing points in Annex 1 to the Common Manual (**),

(cid:151) Monegasque residence permits shall be included in the section of Annex XI to the Common Manual

set aside for the French authorities (**),

(cid:151) that the issue or renewal of a Monegasque residence permit shall not oblige a Contracting Party to

withdraw an alert for the purposes of refusal of entry from the SIS.

Ostend, 23 June 1998.

The Chairman

L. TOBBACK

(*)
(**)

See document SCH/Com-ex (99)13.
Confidential document. See document SCH/Com-ex (98)17.

200

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 23 June 1998

on the stamping of passports of visa applicants

(SCH/Com-ex (98)21)

THE EXECUTIVE COMMITTEE,

2. The stamp shall contain a third space reserved for the code

of the type of visa requested.

Having regard to Article 9 of the Convention implementing
the Schengen Agreement,

Having
Convention,

regard

to Article 17 of

the

abovementioned

Whereas it is in the interest of all the Schengen partners to
harmonise, by mutual consent, their procedures for issuing
visas as part of their common policy on the free movement of
persons in order to prevent the same person from lodging
multiple visa applications;

3. The stamp may also be affixed in the case of applications

for long-stay visas.

4. The stamp shall be affixed when a Schengen State is
representing another Schengen State. In this case, the third
space reserved for designating the code of the type of visa
requested shall also contain a note indicating that the State
is representing another.

Desiring to strengthen consular cooperation for the purpose of
combating illegal immigration and illegal networks;

5.

Based on Chapter VIII of the Common Consular Instructions
(CCI) (*) on consular cooperation at local level;

a

or

stamp,

the mission

In exceptional circumstances when it is impracticable to
the
affix
Presidency-in-office shall
inform the relevant Schengen
group, after carrying out local consular consultation, and
the group’s approval an alternative
shall
proposal,
of
the
visa
lists of
photocopies of passports or
applications giving grounds for the refusal.

exchange
rejected

involving

instance

submit

post

for

for

of

information between the
Whereas the mutual exchange of
Schengen partners on the fact that a visa application has been
lodged in one of their states is a means of preventing multiple
or consecutive applications;

6. As a consequence of point 2, Chapter VIII of the CCI (*)

shall be amended as follows:

Whereas the affixing of a stamp to identify visa applications is
a means of preventing the same person from lodging multiple
or successive visa applications;

Whereas standardisation of the practice whereby a stamp is
affixed to all visa applications irrespective of the country in
which these are lodged would help to allay any reluctance that
differing practices might create,

HAS DECIDED AS FOLLOWS:

1. The stamp shall be affixed to the passports of all visa
applicants. The competent mission or post which receives
the application shall decide whether or not to affix a stamp
to diplomatic and service passports.

(cid:145)The exchange of information between missions and posts
and the identification of applications by means of a stamp
or by other means are aimed at preventing the same
person
visa
being
applications,
examined, or after an application has been refused, with
the same mission or post or by a different mission or post.

from lodging multiple
either whilst

an application is

successive

or

Without prejudice to the consultation which may take
place between the missions and posts and the exchange of
information which they may carry out, the mission or post
with which an application is lodged shall affix to the
passports of all visa applicants a stamp stipulating (cid:147)Visa
applied for on (cid:133) at (cid:133)(cid:148). The space following (cid:147)on(cid:148) shall be
filled in with six figures (two for the day, two for the
month and two for the year); the second space shall be
the diplomatic mission or consular post
reserved for
concerned; the third space shall be filled in with the code
of the type of visa requested.

(*) See document SCH/Com-ex (99)13.

(*) See document SCH/Com-ex (99)13.

22.9.2000

EN

Official Journal of the European Communities

201

The
the
competent mission or post which receives
application shall decide whether or not to affix a stamp to
diplomatic and service passports.

The stamp may also be affixed in the case of applications
for long-stay visas.

When a Schengen State is representing another Schengen
State, the third space on the stamp shall show, after the
the indication (cid:147)R(cid:148)
code of
followed by the code of the represented State.

the type of visa requested,

Where the visa is issued,
possible, be affixed on top of the identification stamp.

the sticker shall, as far as

In exceptional circumstances when it is impracticable to
affix a stamp, the mission or post of the Presidency in

office shall inform the relevant Schengen group and submit
for
the group’s approval an alternative proposal,
for
exchange of photocopies of
instance
passports or
rejected visa applications giving
lists of
grounds for the refusal.

involving

the

The heads of the diplomatic missions or consular posts
may, on the initiative of the Presidency, adopt at local level
additional preventative measures,
if such measures prove
necessary.(cid:146)

Ostend, 23 June 1998.

The Chairman

L. TOBBACK

202

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 16 September 1998

on forwarding the Common Manual to EU applicant States

(SCH/Com-ex (98)35 rev. 2)

THE EXECUTIVE COMMITTEE,

HAS DECIDED AS FOLLOWS:

Having regard to Article 132 of the Convention implementing
the Schengen Agreement,

Whereas the Schengen acquis is to be integrated into the
framework of the European Union pursuant to the relevant
Protocol to the Amsterdam Treaty;

to Article 8 of

Whereas pursuant
the
Schengen acquis must be accepted in full by all applicant States
and whereas the latter must be adequately prepared to that
end;

the said Protocol,

in particular,

the External
Whereas the Common Manual on Checks at
Borders,
the
Schengen acquis and the States with which specific accession
negotiations are being conducted must be informed thereof
now so that they may prepare to accept the acquis;

is an important component of

Whereas, to that end, the Common Manual on Checks at the
External Borders, with the exception of certain annexes, and
other documents should be forwarded to the States, despite the
fact that they are confidential documents;

Whereas the forwarding of public decisions and declarations of
the Executive Committee may also be necessary,

1. The Presidency-in-office may forward the Common Manual
on Checks at the External Borders, without Annexes 6b, 6c
to the applicant States with which specific
and 14b,
negotiations on their accession to the European Union are
being conducted.

2. The Central Group is

basis on forwarding other

empowered to decide on a
confidential

case-by-case
documents to those States.

3. Upon forwarding as referred to in points 1 and 2, it must
is confidential. The
be pointed out
State receiving the Common Manual on Checks at
the
External Borders or any other confidential document must
undertake to treat such document as confidential.

this document

that

4. Moreover,

the Presidency-in-office may forward public
decisions and declarations of the Executive Committee and
to States and other
other non-confidential documents
is
services for internal use where a warranted interest
demonstrated.

K(cid:246)nigswinter, 16 September 1998.

The Chairman

M. KANTHER

22.9.2000

EN

Official Journal of the European Communities

203

DECISION OF THE EXECUTIVE COMMITTEE

of 27 October 1998

on the adoption of measures to fight illegal immigration

(SCH/Com-ex (98)37 def. 2)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing
the Schengen Agreement,

Having regard to Article 6 of the abovementioned Convention,

and Fundamental

(cid:151) emphasising the necessity to respect human rights and
underlining each Contracting State’s obligations arising
the Protection of
from the European Convention for
and its
Human Rights
protocols, the Geneva Convention on the Legal Status of
Refugees and the New York Protocol,
the Convention
Inhuman or Degrading
against Torture and other Cruel,
Treatment or
the Convention on the
Elimination of all forms of Discrimination against Women
and the Convention on the Rights of the Child,

Punishment,

Freedoms

(cid:151) taking into account the measures taken by and within the
EU to fight illegal immigration and recognising the need
for an integrated approach,

(cid:151) recognising that a policy to combat illegal

immigration
must lay down appropriate provisions for the examination
of
in compliance with public
international law,

asylum applications

3. Provision of assistance by liaison officers

from the
Schengen States to the countries of origin and the transit
countries, subject to the conditions laid down in point 2,
in the form of advice on preventing illegal migration, in
accordance with the applicable domestic law, so as to
fight against illegal immigration into a Schengen State.

4. Regular reciprocal briefing of all the Schengen States on
the results of expert missions to the countries of origin
and transit, especially those applying for EU membership,
a factor to be taken into account
in connection with
support measures.

5.

Implementation of intensive controls at authorised border
crossing points at the external borders in accordance with
Schengen standards, with special emphasis placed on
border sectors affected by immigration.

6. Fullest possible surveillance of

land and sea borders
outside authorised border crossing points and in the area
behind the border, particularly the border sectors affected
by illegal
immigration, via the deployment of mobile
units.

7. Checking

of

non-public

areas

in

ports

serving

international maritime traffic.

HAS DECIDED AS FOLLOWS:

8. Controls on ferries during loading and embarkation.

The Schengen States are at present particularly affected by
substantial waves of immigration.

9.

The Schengen States find it necessary to take the following
measures to fight against this immigration:

1. Drafting and constant updating of a situation report and
formulation of proposals for the adaptation of measures
by the Task Force.

10.

2. Close cooperation with the competent agencies of the
countries of origin and transit countries in accordance
with national law in the Schengen States, especially with
regard to the provision of advice and support by liaison
officers of the Schengen States.

Intensification of police measures at national
in
accordance with domestic law, particularly on the main
transport
if possible in concert and in close
cooperation with the Schengen partners.

routes,

level

law,

relevant national

the
In compliance with the
immigrant whose
fingerprinting of every alien illegal
identity cannot be established with certainty; retention of
fingerprints for the purpose of informing the authorities
in other Schengen States; the principles of data protection
law applicable in the framework of Schengen cooperation
and in the European Union are to be observed.

11.

In compliance with the relevant national law, preventing
foreign nationals who have entered the Schengen territory

204

EN

Official Journal of the European Communities

22.9.2000

illegally and whose identity cannot be established with
certainty from absconding, either until such time as their
identity has been clearly established or until the measures
required by the aliens(cid:146) police have been ordered and
implemented.

about the situation as it develops, the measures taken
focusing particularly on
apprehended,
and persons
organisations
involved in smuggling persons and the
routes used, and faster transmission of this information to
the relevant services.

12.

13.

and

return

systematic

Immediate
third-country
nationals who have entered the Schengen States without
authorisation provided no right to stay exists and there
are no obstacles based on compelling humanitarian
grounds or international law.

of

Imposition of sanctions against carriers which transport
passengers without
and transit
documents to Schengen States.

required entry

the

15. Coordination of

to the extent

the fight against criminal networks
involved in smuggling via information exchange (cid:151) in
cooperation with Europol,
this is
permissible in the case of personal data and subject to the
laid down in the Europol
agreement of
responsible for
Convention (cid:151) between the services
conducting
the
investigations,
provisions of the Schengen Convention and subject to
of
national
operational measures.

accordance with

together with

coordination

the bodies

law,

that

the

in

14. Exchange of information (cid:151) in cooperation with Europol,
to the extent
this is permissible in the case of
personal data and subject to the agreement of the bodies
laid down in the Europol Convention (cid:151) between
the Schengen States(cid:146) designated central contact points

that

16. Application mutatis mutandis of

the relevant measures
contained in the EU action plan for preventing the influx
of migrants from Iraq and the neighbouring region of 26
January 1998 (EU document 5573/98).

22.9.2000

EN

Official Journal of the European Communities

205

DECISION OF THE CENTRAL GROUP

of 27 October 1998

on the adoption of measures to fight illegal immigration

(SCH/C (98)117)

THE CENTRAL GROUP,

Having regard to Article 132 of the Convention implementing the Schengen Agreement in conjunction
with the Executive Committee Decision of 16 September 1998,

HAS DECIDED AS FOLLOWS:

The revised and finalised version of the action plan annexed hereto concerning measures to combat illegal
immigration (SCH/Com-ex (98) 37def.) shall be brought into force pursuant to the mandate from the
Executive Committee of 16 September 1998.

Brussels, 27 October 1998.

The Chairman

B. SCHATTENBERG

206

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 16 December 1998

on the abolition of the grey list of States whose nationals are subject to the visa requirement by
certain Schengen States

(SCH/Com-ex (98)53 rev. 2)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 9 of the abovementioned Convention,

Whereas it is in the interest of all the Schengen States to continue harmonising their visa-issue policy in
the context of their common policy on the movement of persons, with a view to preventing possible
negative consequences as regards immigration and internal security;

Wishing to abolish, as quickly as possible, the differences which currently exist between the visa rules
applied by the Schengen States as regards States mentioned in Section III of Annex I to the Common
Consular Instructions (*), namely Bolivia and Ecuador;

Having regard to the document entitled (cid:145)Basic criteria for inclusion in the Schengen joint list of States
subject to the visa requirement(cid:146) (SCH/M (92)32 rev.) adopted by the Ministers and State Secretaries in
Madrid on 15 December 1992 and the Decision of the Executive Committee adopted in Vienna on 15
December 1997 (SCH/Com-ex (97)32),

Acknowledging that the measures laid down under points 1 and 2 of the Decision of the Executive
Committee of 15 December 1997 (SCH/Com-ex (97)32) have been introduced,

HAS DECIDED AS FOLLOWS:

1. Bolivia and Ecuador shall be included in the schedule of States whose nationals are exempted from the

visa requirement by all Schengen States.

2. The Schengen States shall introduce the measures necessary for abolishing the visa requirement for

Estonia, Latvia and Lithuania by 1 March 1999 at the latest.

3. The Schengen States shall request the Baltic States to accede to the United Nations Convention of 28
September 1954 relating to the status of stateless persons so that all residents of the Baltic States are
able to enjoy visa-free travel in the future to the Schengen States.

This Decision shall enter into force when the Schengen States have given notification that the measures
have been implemented.

Berlin, 16 December 1998.

The Chairman

C. H. SCHAPPER

(*) See document SCH/Com-ex (99)13.

22.9.2000

EN

Official Journal of the European Communities

207

DECISION OF THE EXECUTIVE COMMITTEE

of 16 December 1998

concerning the compilation of a manual of documents to which a visa may be affixed

(SCH/Com-ex (98)56)

the
In accordance with Article 17(3)(a) of
Executive Committee has drawn up in Annex 11 to the Common Consular Instructions (*) criteria for
documents to which a visa may be affixed.

the Convention implementing the Schengen Agreement,

Pursuant thereto, the Subgroup on Visas has completed the task of collecting and examining all travel
documents in use throughout the world, an activity that has spanned several Presidencies. The edited
collection of travel documents to which a visa may be affixed makes it possible to give effect to the
procedure required under the Schengen Convention whereby a visa valid for all user States may only be
issued if the travel document that is to bear the visa is recognised as a valid entry document by all user
States.

Starting with Part I, which is now complete, a manual of documents to which a visa may be affixed will
be drawn up containing the following sections:

Part I

Travel documents to which a visa may be affixed

Part II

Aliens’ passports issued by the Schengen States to which a visa may be affixed

Part III

A list of the travel documents issued by international organisations

Part IV

Gradual compilation of a documentary record containing copies of originals

Part V

Information on known fictitious passports

Individual sections of the Manual will be issued to diplomatic missions and consular posts when they are
complete. Completed sections may therefore be issued, without the need for subsequent sections to be
finished.

The Executive Committee takes note of the fact that Part I, entitled (cid:145)Travel documents to which a visa may
be affixed(cid:146), has been forwarded to the diplomatic missions and consular posts for use (see Annex to
document SCH/II-Visa (96)59 rev. 6) and requests that a report be sent to it on the effectiveness of this
measure before June 1999. The diplomatic missions and consular posts are requested to assess the
usefulness of this document and report their findings in March 1999.

The manual can be prepared by the General Secretariat on the basis of relevant notes submitted by the
delegations.

Berlin, 16 December 1998.

The Chairman

C. H. SCHAPPER

(*) See document SCH/Com-ex (99)13.

208

EN

Official Journal of the European Communities

22.9.2000

TABLE OF TRAVEL DOCUMENTS ENTITLING THE HOLDER TO CROSS THE EXTERNAL
BORDERS AND TO WHICH A VISA MAY BE AFFIXED

SCH/II-Visa (96)59, rev. 7

GENERAL COMMENTS

Collective passports:

Portugal and Spain only recognise collective passports issued in accordance with the European Agreement on Travel by
Young Persons on Collective Passports between the Member Countries of the Council of Europe of 16 December 1961
(up to a maximum of 25 persons as far as Portugal is concerned). However, Portugal does consent to its partners
affixing the uniform visa. Spain also accepts other collective passports on a case-by-case basis according to the rule of
reciprocity. The visa is affixed on a loose-leaf.

Travel documents for stateless persons:

Austria, Portugal and Iceland are not parties to the Convention on the Status of Stateless Persons, done at New York on
28 September 1954. Austria and Portugal nevertheless consent to their partners affixing the uniform visa to documents
issued by the States signatory to the Convention. Iceland will make its position known later.

Laissez-passer:

A laissez-passer is, in general, only recognised for transit for the purpose of returning to the State of issue.

The following provisions apply as far as Germany is concerned:

The official identity documents listed in points 1 to 9 and issued by one of the States which Germany recognises
internationally but which have not yet been officially recognised, are accepted as passports or passport replacement
documents even if they are not known, subject to certain conditions and in accordance with the law. They may
therefore be endorsed with a visa as long as their non-recognition has not been officially pronounced. For the other
Schengen States, documents may not be endorsed with a visa if they do not contain the following indications and
features: name and surname, date of birth, nationality (apart
from refugee’s and stateless person’s passports),
photograph, holder’s signature and authorisation of return if the document is issued to people other than nationals:
these documents are marked with an (cid:145)X(cid:146) and an asterisk (X*).

The following provisions apply as far as Austria is concerned:

If a travel document is not expressly marked (cid:145)not recognised(cid:146) in the following list, it may be endorsed with a visa for
Austria (cid:150) even if it is marked with an (cid:145)X(cid:146) (cid:151) if:

(cid:151) it was issued by a duly empowered subject under international law,

(cid:151) it clearly indicates the identity of the holder,

(cid:151) it is valid in terms of time,

(cid:151) it is applicable to the Republic of Austria,

(cid:151) the right of return to the State which issued the document is guaranteed.

22.9.2000

EN

Official Journal of the European Communities

209

Codes:

1

2

3

4

5

6

7

8

9

ordinary passport

diplomatic passport

service passport

special passport

collective passport

children’s identity document

seaman’s book

refugee’s travel document (Geneva Convention of 28 July 1951)

stateless person’s travel document (New York Convention of 28 September 1954)

10

11

alien’s travel document

other travel documents

X

the document entitles the holder to cross the external borders and may be endorsed with a visa

O the document is not recognised by this Contracting Party

(cid:145)the document does not exist(cid:146) or (cid:145)one or the Contracting State(s) has(have) not provided the relevant information(cid:146).
The document is dealt with as non-recognised document O. If the travel document fulfils the conditions fixed by
Austria, a visa for Austria may be affixed

(X)

it is not certain whether or not the document has been issued

(cid:151) ANDORRA

(cid:151) UNITED ARAB EMIRATES

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

I

X

E

X

X

F

X

X

GR

X

X

IS

X

X

N

X

X

P

X

X

S

X

FIN

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

E

X

X

X

F

X

X

X

X

FIN

X

X

X

S

X

X

X

X

O X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Identity document for

Andorrans

X

X

X

X

X

X

X

11
(cid:151) Temporary passport

(cid:151) Travel document
(brown cover)

O

2
1
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) AFGHANISTAN

(cid:151) ANTIGUA AND BARBUDA

AT BNL D

DK

X

X

X

X

E

X

X

X

F

X

X

GR

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Business passport

X

X

X1

X

1 Treated as an ordinary passport.

.

.

2
2
9
2
0
0
0

P

X

X

X

X

X

S

X

X

X

X

FIN

X

X

X

X

X

X

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
1
1

(cid:151) ALBANIA

(cid:151) ARMENIA

1

2

3

4

5

6(cid:176)

7

8

9

10

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

O

X

E

X

X

X

F

X

X

X

O

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X*

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

FIN

X

X

X

O

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Laissez-passer

O

O O X

11
(cid:151) Certificate of repatriation

to the Republic of
Armenia

X1

2
1
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Laissez-passer (loose-leaf card).

1 Recognised for exit or transit for return to Armenia.

.

.

2
2
9
2
0
0
0

(cid:151) ANGOLA

(cid:151) ARGENTINA

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

1

2

3

4

5

6

7

8

9

10(cid:176)

X

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Salvo condutto issued by
diplomatic missions
(cid:151) Salvo condutto issued by
the Emigration and
Borders Department

X1

X2

O

X2

11
(cid:151) Certificado de viaje

(cid:151) Consular passport

category C

(cid:151) Pasaporte provisorio

category A
(valid 60 days)

AT BNL D

DK

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

O

O
X1

X2

1 Only for the purpose of transit if the route crosses the territory of the Federal Republic of Germany and the

FRG is not explicitly excluded from the territorial scope of the document.

2 Recognised for exit or transit for return to Angola.

(cid:176) Pasaporte especial para extranjeros.
1 Treated like an ordinary passport.
2 Recognised for exit or transit for return to Argentina.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
1
3

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

X

X

X

X

X

X

X

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

(cid:151) AUSTRALIA

(cid:151) AZERBAIJAN

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8(cid:176)

9

10

11
(cid:151) Document of identity

(cid:151) Certificate of identity

(cid:151) Emergency travel

document (separate
sheet)

X1 X1 X1
X1
X1

O O O O

O O O O

X1
X1

O

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

X

X

X

(cid:176) Document not issued on 7 May 1998.
1 Only recognised if the document contains an authorisation of return.

2
1
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) BOSNIA-HERZEGOVINA

(cid:151) BARBADOS

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

F

X

X

X

O

X

X

X

X

X*

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

P

X

X

X

O

X

S

X

X

X

FIN

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9(cid:176)

10

AT BNL D

DK

X

X

X

X

X

X

X

X*

X*

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Certificate of identity

(cid:151) Emergency passport
(valid for a single
journey only)

O O

O O

O

(cid:176) Document not issued on 7 May 1998.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
1
5

(cid:151) BANGLADESH

(cid:151) BURKINA FASO

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X*

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

O X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

O

11
(cid:151) Pilgrim’s passport

(cid:151) Laissez-passer (loose-leaf)

(cid:151) Safe conduct (for aliens)

O O

O

O

O

2
1
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) BULGARIA

(cid:151) BAHRAIN

.

.

2
2
9
2
0
0
0

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

E

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

O

F

X

X

X

O

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10(cid:176)

11
(cid:151) Bulgarian boatsman’s
card for the Danube
(cid:151) Travel document for
return to Bulgaria
(feuille de route)

X

X

X1

X

O

O

X2

O

X2

AT BNL D

DK

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

X

X

X

X

X

X

X

X

X

X

X

FIN

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Laissez-passer

X1

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Travel document issued to individuals without persons in their charge (blue cover).
1
2 Recognised for exit or transit for return to Bulgaria.

If the requisite return visa is in English, French or German in the passport replacement document.

1

If the passport replacement document is valid for the Federal Republic of Germany and contains the
required authorisation of return.

2
1
7

(cid:151) BURUNDI

(cid:151) BENIN

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

2
1
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) BRUNEI

(cid:151) BOLIVIA

.

.

2
2
9
2
0
0
0

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

FIN

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) International certificate
of identity (issued to
stateless persons)

(cid:151) Emergency certificate

O X1

O

O

1 Recognised for a stay of a maximum of three months if the requisite re-entry visa is already contained in

the passport replacement document on exit.

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
1
9

(cid:151) BRAZIL

(cid:151) BAHAMAS

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10(cid:176)

11
(cid:151) Nationality certificate

(cid:151) Safe conduct

(cid:151) Autoriza(cid:231)ªo de retorno

ao Brazil

(cid:151) Laissez-passer (double

loose-leaf)

AT BNL D

DK

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X*

X*

X

X

X

X

X

X

X

X

O

O

O

X

X

O

X2

O

X

X

X1

X2

X3

S

X

X

X

X

X

FIN

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X*

X

X

X

E

X

X

X

F

X

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Certificate of identity

O

O O

(cid:176) Pasaporte para estrangeiros (yellow cover) and laissez-passer for aliens (brown cover).
1 Recognised if the document contains a return permit.
2 Recognised for exit or transit for return to Brazil.
3 Recognised for exit from Portugal.

2
2
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) BHUTAN

(cid:151) BOTSWANA

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X*

X*

X

X

X

X

X

X

IS

E

X

X

X

F

X

X

X

GR

X

X

I

X

X

X

N

X

X

X

P

X

X

X

S

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
2
1

(cid:151) BELARUS

(cid:151) BELIZE

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

O X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Certificate of returning
to the Republic of
Belarus

X1

11
(cid:151) Passport office

(on double loose-leaf)
(cid:151) Temporary passport (on

double loose-leaf)

O

O

2
2
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1 Recognised for exit or transit for return to Belarus.

.

.

2
2
9
2
0
0
0

(cid:151) CANADA

(cid:151) CONGO (DEMOCRATIC REPUBLIC OF)

AT BNL D

DK

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

X

X*

X

X

X

X

X

X

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Certificate of identity

(cid:151) Emergency passport for
a single journey only

O O

O O
X1

O

1(cid:209)

2(cid:176)

3(cid:176)

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

FIN

X

X

X

X

X O

X

X

X

X

X

X

X1

X

X

X

X

X

X

X

1 Recognised for exit and transit for return to Canada.

(cid:209) Only ordinary passports issued by the Ministry of Foreign Affairs may be endorsed.
(cid:176) Bearing the indication (cid:145)RØpublique DØmocratique du Congo(cid:146).
1 This document was not issued on 7 May 1998.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
2
3

(cid:151) CENTRAL AFRICAN REPUBLIC

(cid:151) CONGO BRAZZAVILLE

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1(cid:176)

2

3

4

5

6(cid:209)

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

X1 X1

X

X O

X

X1

O

X

X

S

FIN

X

X

X

X

X

X

X*

X

X

X2

X

X

X

X

X

X

X

11
(cid:151) Six-month special

passport

(cid:151) Safe-conduct replacing

the provisional passport

O

(cid:151) Service passport (in
loose-leaf form)
(cid:151) Non-consular laissez-

passer

O

O

O

O

O

11
(cid:151) Safe conduct

(cid:151) Certificate of identity and

travel valid as a
provisional passport
(cid:151) Laissez-passer replacing a
diplomatic passport

O

O

O

2
2
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Does not cover passports (red cover) issued between 5 June 1997 and 1 December 1998 not recognised by

the Congolese authorities. The new passports introduced since 1 December 1998 have a brown cover.

(cid:209) Certificate of identity for travel for children aged under three.
1 Only valid if the holders are accompanied by their parents.
2 This document was not issued on 7 May 1998.

.

.

2
2
9
2
0
0
0

(cid:151) SWITZERLAND

(cid:151) COTE D’IVOIRE

1

2

3

4

5

6

7

8

9

10(cid:176)

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X1

X

X

X

X

X

X

E

X

X

X

X

X

X

X

I

X

X

X

X

X

X

X

X

X

F

X

X

X

GR

X

X

X

X

X

X1

X

X

X

X

O

X

X

X

P

X

X

X

X

X

X

IS

X

X

X

N

X

X

X

X

X

X

11
(cid:151) Swiss identity card

X

X

X

X

X

X

X

X

X

X

X

S

X

X

X

X

X

X

FIN

X

X

X

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Safe conduct

(cid:151) Laissez-passer

X

O

1 Group passports issued in accordance with the European Convention of 16 December 1961 + group

passport for young persons.

(cid:176) Passport for aliens (burgundy cover) and certificate for aliens without papers (grey cover).

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
2
5

(cid:151) CHILE

(cid:151) CAMEROON

1

2

3

4

5

6(cid:176)

7

8

9

10

E

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

F

X

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

X

O O

X

X

S

X

X

X

FIN

X

X

X

P

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

O

E

X

X

X

F

X

X

X

O

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Consular passport

(cid:151) Documento de viaje para

extranjeros

(cid:151) T(cid:237)tulo de viaje para

extranjeros

(cid:151) Salvo conducto
(laissez-passer)

X

X

O

X1

11
(cid:151) Temporary diplomatic
passport (loose-leaf)

O

O

2
2
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Documento de viaje/travel document for children of Chilean nationals aged under 21, born abroad.
1 Recognised for exit and transit for return to Chile.

.

.

2
2
9
2
0
0
0

(cid:151) CHINA

(cid:151) COLOMBIA

.

.

2
2
9
2
0
0
0

1

2

3

4

5

6

7

8(cid:176)

9

10(cid:209)

11
(cid:151) Public affairs passport
(cid:151) Travel permit
(cid:151) HKSAR (Special

Administrative Region of
Hong Kong passport)
(cid:151) Document of identity for

visa purposes (HK)
(cid:151) Certificate of identity

(HK)(cid:149)

(cid:151) Rapatriation certificate
(cid:151) Laissez-passer

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

X

X

X

X

X*

X

X

X

X

X
O
X

X

X2

X

X

X

X

O

X4
O
X

X

X

X

I

X

X

X

X

X

X

X

X1 O X3

X O O O X2

X

X

X3

X O X

X

X2

X5
O

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

(cid:176) Document not issued on 7 May 1998.
(cid:209) Aliens’ travel document/travel document for foreigners (booklet with a grey cover).
(cid:149) The issue of identity certificates has been discontinued since 1 July 1997 and identity certificates can
therefore not be renewed. These are valid for 10 years. This only concerns certificates issued before 1 July
1997.
If page 4 of the document contains the entry (cid:145)the holder of this document may return to HK during its
validity without a visa(cid:146).

1

2 Holders and Chinese nationals are subject to the visa requirement.
3

If the requisite return permit is contained in the passport replacement document the holder is subject to the
visa requirement.

4 Treated like an ordinary passport.
5 Recognised for exit or transit for return to China.

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Documento de viaje

(cid:151) Pasaporte provisional

O

O
X1

X2

1 Recognised for exit and transit for return to Colombia.
2 Recognised by Portugal if the document contains an authorisation to return.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
2
7

(cid:151) COSTA RICA

(cid:151) CUBA

1

2

3

4

5

6

7

8

9

10(cid:176)

11
(cid:151) Safe conduct (in the
form of a booklet)
(cid:151) Provisional passport
(dark green booklet)

(cid:151) Consular passport

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

O O

O

X

X

O

O

X

X

X

X

X*

X*

O

X1

X

AT BNL D

DK

X

X

X

X

X

X

X1

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

1

2

3(cid:176)

4

5

6

7

8

9

10

11
(cid:151) Certificado de identidad

y viaje

O

2
2
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Documento de identidad y viaje (bright green card).
1 Holders are subject to the visa requirement.

1 Recognised by Germany subject to certain conditions (existence of an exit permit (permiso de salida) and an

entry permit (permiso de regresso).

(cid:176) Pasaporte oficial and pasaporte de servicio.

.

.

2
2
9
2
0
0
0

(cid:151) CAPE VERDE

(cid:151) CYPRUS

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Travel document

E

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

F

X

X

X

X

O

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X*

X*

X

X

X

E

X

X

X

F

X

X

X

X

O X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Certificate of identity

X

X O

O X O

X1

1 Recognised by Portugal if the document contains an authorisation of return.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
2
9

(cid:151) CZECH REPUBLIC

(cid:151) DJIBOUTI

1

2

3

4

5

6

7

8

9

10(cid:176)

11
(cid:151) Emergency passport/

Cestovni Prukaz

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X1

X

O O

X2

AT BNL D

DK

X

X

X

X

X

X

X

X

X*

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

FIN

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Laissez-passer replacing
passport (loose-leaf)
(cid:151) Special laissez-passer

O

O

2
3
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Cestovni Prukas Totosnoti (in booklet and loose-leaf form).
1 Cesterni Prakaz tataznesti

in booklet form,

if the requisite return visa sticker has been filled in and is
contained in the document replacing the passport. The return permit printed on page 2 of the specimen
passport is not sufficient; the document is not recognised if it is in loose-leaf format.

2 Recognised for exit or transit for return to the Czech Republic.

.

.

2
2
9
2
0
0
0

(cid:151) DOMINICA

(cid:151) DOMINICAN REPUBLIC

GR

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

O

X

X1

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Inter-Commonwealth
Caribbean travel
document

(cid:151) Certificate of identity
(cid:151) Emergency passport

O

O
O

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

X1

X

X

S

FIN

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1 Seaman’s certificate.

1 Seaman’s certificate.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
3
1

(cid:151) ALGERIA

(cid:151) ECUADOR

AT BNL D

DK

X

X

X

X

X

X

X

X

X1

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

X

I

X

X

X

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Diplomatic laissez-passer

(cid:151) Laissez-passer

X

X2

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

F

X

X

X

X

X

X

X

X

IS

X

X

X

N

X

X

X

GR

X

X

X

I

X

X

X

X

X

X

X

X

X

X

X

X

P

X

X

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

2
3
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1 Only if the place and date of birth are indicated.
2 Recognised for exit or transit for return to Algeria.

.

.

2
2
9
2
0
0
0

(cid:151) ESTONIA

(cid:151) EGYPT

1

2

3

4

5

6

7

82

9

10(cid:176)

AT BNL D

DK

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

X

X

FIN

X

X

X

X1

O

X1

O

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

X

X

X3

X O X

X

X

X4

X

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

GR

X

X

X

I

X

X

X

X

X

E

X

X

X

X

F

X

X

X

X

O

S

X

X

X

FIN

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Temporary travel

document

(cid:151) Certificate of return to

Estonia

O O

O

X

X

X5

11
(cid:151) Student’s passport (blue

cover)

(cid:151) Travel document for
Palestinian refugees

(cid:151) Provisional travel

document

(cid:151) Laissez-passer (brown)

X

X

X1

X2

O

O

O O

O

1 Not recognised when issued to a third-country national. The recognised seaman’s book is only issued to

Estonian nationals and is called a (cid:145)Seaman’s discharge book(cid:146).

2 The document was not issued on 7 May 1998.
(cid:176) Alien’s passport.
3

If the passport replacement document contains the requisite return permit (authorisation of stay for a
limited or unlimited period for Estonia) with sufficient length of validity.

4 Recognised by Portugal if it contains a residence permit.
5 Recognised for exit or transit for return to Estonia.

1 Dealt with like an ordinary passport.
2 Can be covered only if it contains a return permit.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
3
3

(cid:151) ERITREA

(cid:151) ETHIOPIA

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

X

X

FIN

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Laissez-passer

X

11
(cid:151) Laissez-passer

(cid:151) Emergency document of

identity for
non-Ethiopian national

O

X

X

O

O O

2
3
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) FIJI

(cid:151) MICRONESIA

AT BNL D

DK

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

X

X

FIN

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Certificate of identity

O O

O

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X*

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

FIN

X

X

X

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
3
5

(cid:151) MONACO

(cid:151) GABON

AT BNL D

DK

X

X

X

X

X

X

X

X*

X*

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Identity card

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

O

X

X

S

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

2
3
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) GRENADA

(cid:151) GEORGIA

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X1

X

X

11
(cid:151) (cid:145)British West Indies(cid:146)

travel permit

(cid:151) Provisional passport/
Emergency passport

O

O

11
(cid:151) Laissez-passer

X2

(cid:151) Identification document

O

O

1 Only if the seaman’s book shows that the person concerned is a Georgian national.
2

Issued to Georgian nationals with re-entry visa.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
3
7

(cid:151) GHANA

(cid:151) THE GAMBIA

AT BNL D

DK

X

X

X

X

X

X

X

X*

X*

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X1

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Alien’s identity certificate

(cid:151) Travel booklet

O O

O O

O

1

2

3

4

5

6

7

8

9

10

11

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X*

X*

X

X

X

E

X

X

X

F

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

2
3
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1

If the passport replacement document contains a return permit with a sufficient period of validity.

.

.

2
2
9
2
0
0
0

(cid:151) GUINEA

(cid:151) EQUATORIAL GUINEA

.

.

2
2
9
2
0
0
0

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

O

11
(cid:151) Travel document

replacing passport
(cid:151) Diplomatic loose-leaf

document

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3(cid:209)

4

5

6

7

8(cid:176)

9

10

11

(cid:209) Pasaporte de servicio (blue cover) and official-duty passport (brown cover).
(cid:176) Document not issued on 7 May 1998.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
3
9

(cid:151) GUATEMALA

(cid:151) GUINEA-BISSAU

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X*

X

X

X

X

E

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

F

X

X

X

O

S

X

X

FIN

X

X

X

P

X

X

X

O

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8(cid:176)

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Consular passport

(cid:151) Cedula de identidad

refugiado

X

X

O

11
(cid:151) Laissez-passer

(cid:151) Travel document

O

X1

2
4
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Document not issued on 7 May 1998.
1 Recognised for exit or transit for return to State of residence.

.

.

2
2
9
2
0
0
0

(cid:151) GUYANA

(cid:151) HONDURAS

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X*

X*

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

FIN

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8(cid:176)

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X*

X

X

X

E

X

X

X

X

X1

F

X

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X2

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Inter-Caribbean travel

O

document

11
(cid:151) Emergency passport

O

O

(cid:176) Document not issued on 7 May 1998.
1
2 Only if the seaman’s book shows that the person concerned is a Honduran national.

If the date of birth is indicated in the passport.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
4
1

(cid:151) CROATIA

(cid:151) HAITI

1

2

3

4

5

6

7

8

9

10(cid:176)

11
(cid:151) Brodarska Knjizica
Schiffausweis (staff
identity card for
navigation within
Croatia)

(cid:151) Laissez-passer (Putni List)

X1

X2

X

X

X

X

X

X

X2

X*

O

X2

X3

AT BNL D

DK

X

X

X

X

X

X

X

X*

X*

X

X

X

E

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

F

X

X

X

O

X

X

X

X

X

X

X

X

X

X

X

X

O

O

X4

X

X

X

X

X

X

X

X

X

X

X4

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8(cid:176)

9

10

11
(cid:151) Identity and travel

certificate

O

(cid:176) Putni List za stranca (travel document for foreign nationals).
1 With photograph of each person entered on the group passport.
2 Holders are subject to the visa requirement.
3 Only for the purpose of transit if the logical route of return to Croatia crosses the Federal Republic of

Germany.

4 Recognised for exit and transit for return to Croatia.

(cid:176) Document not issued on 7 May 1998.

2
4
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) HUNGARY

(cid:151) INDONESIA

1

2

3

4

5

6

7

8

9

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

O

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

O X

X

10(cid:176)

O X

X1

O O

X

O

O X3

11
(cid:151) Boatman’s service

passport

(cid:151) Certificate of returning
home for Hungarian
nationals (in loose-leaf
form)

(cid:151) Travel document issued
for a single journey (in
loose-leaf form)

X

O

X2

O

X2

O

X2

10(cid:176)

O

11
(cid:151) (cid:145)Passport like travel

document for Indonesian
citizens(cid:146)

(cid:151) (cid:145)Haj Passport(cid:146)

(pilgrim’s passport)

O

O

O

O

X

O

O

O

(cid:176) Travel document for stateless persons.
1 Recognised provided the authorisation of stay is written in a Germanic or Romance language.
2 Recognised for exit or transit for return to Hungary.
3 Only for the purposes of transit if the logical route for return to Hungary crosses the territory of the

Federal Republic of Germany; holders are subject to the visa requirement.

(cid:176) Travel document in lieu of a passport for foreigners.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
4
3

(cid:151) ISRAEL

(cid:151) INDIA

AT BNL D

DK

E

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10(cid:176)

11
(cid:151) Laissez-passer issued by

the Apostolic Delegation
of Jerusalem

X

X

X

X

X

X

X

X

X

X

X

X

X

X

O

X*

X

X

X

X

X

X O X

X

F

X

X

X

X

X

X

X

GR

X

X

X

X

X

I

X

X

X

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X1

X2

1

2

3

4

5

6

7(cid:176)

8

9

10qq(cid:149)

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X O

X

X

X

O

X1

(cid:151) Travel document (brown)

X3

X3 X3

(cid:176) Travel document in lieu of national passport (orange cover).
1 Recognised by Portugal if the document contains a return permit.
2 With a visa.
3

If the requisite return permit is contained in the document in lieu of passport.

(cid:176) Continuous certificate of discharge and continuous discharge certificate.
qq(cid:149) Certificate of identity.
1 Only recognised if the holder is a Tibetan refugee.

2
4
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) IRAQ

(cid:151) IRAN

1

2(cid:176)

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X*

X*

E

X

X

X

F

X

X

X

X

IS

X

X

GR

X

X

X

I

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X O

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Travel document for

Palestinians

X

X

11
(cid:151) Laissez-passer

X1

(cid:176) Diplomatic passport (green cover) and diplomatic passport for diplomatic carrier (red cover).

national.

1 Only for transit and if the document in lieu of passport shows that the person concerned is an Iranian

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
4
5

(cid:151) JAMAICA

(cid:151) JORDAN

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X*

X*

X*

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X*

O X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7(cid:176)

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X*

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

X

X

X

X

X

X

X

S

X

X

X

FIN

X

X

X

P

X

X

X

X

X

11
(cid:151) Travel document

O

O

2
4
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Document not issued on 7 May 1998.

.

.

2
2
9
2
0
0
0

(cid:151) JAPAN

(cid:151) KENYA

1

2

3

4

5

6

7

8

9

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

O

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

AT BNL D

DK

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

10(cid:176)

X

11
(cid:151) Travel for return to

Japan

X1

X2

O O

X

X

10

11
(cid:151) Certificate of identity

O

(cid:176) Re-entry permit to Japan.
1 Holders are subject to the visa requirement.
2 Only for the purposes of transit, the holders are subject to the visa requirement.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
4
7

(cid:151) KYRGYSTAN

(cid:151) CAMBODIA

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X*

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

FIN

X

X

X

X O

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

O O

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Emergency passport for
travel to the Kingdom of
Cambodia

X1

X1

2
4
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1 Recognised for exit or transit for return to Cambodia.

.

.

2
2
9
2
0
0
0

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

FIN

X

X

X

(cid:151) KIRIBATI

(cid:151) THE COMOROS

AT BNL D

DK

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

FIN

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Emergency certificate

(cid:151) Foreign investor’s

passport

O

O

O

O

O

O

O

1

2

3

4

5

6

7

8

9

10

11

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
4
9

(cid:151) ST KITTS AND NEVIS

(cid:151) NORTH KOREA

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

E

X

X

F

X

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

X

X

FIN

X

X

X

X

O X

X

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X*

X*

X

X

X

E

X

X

X

F

GR

I

X O X

X O X

X O X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X O

2
5
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) SOUTH KOREA

(cid:151) KUWAIT

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

X

X*

O X

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

P

X

X

X

X

X

S

X

X

X

X

FIN

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

X

X

X

X

X

X

X

X

X

X

X

X

FIN

X

X

X

O

11
(cid:151) Travel certificate

X

X

X

O X

X

11
(cid:151) Emergency document
valid for one trip to
Kuwait only

(cid:151) Laissez-passer

X1

X

O

O

1 Recognised for exit or transit for return to Kuwait.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
5
1

(cid:151) KAZAKHSTAN

(cid:151) LAOS

1

2

3

4

5

6

7

8

9

10(cid:176)

11

AT BNL D

DK

X

X

X

X

X

X

X1

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

O O

O

1

2

3

4

5

6

7

8

9

X2

O

X

10

11
(cid:151) Laissez-passer (replacing

passport)

X1

2
5
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1 Only if the return permit is contained in the passport.
(cid:176) Stateless person certificate.
2

If the document in lieu of passport contains the exit visa and the requisite return visa.

1 Recognised for exit or transit for return to Laos.

.

.

2
2
9
2
0
0
0

(cid:151) LEBANON

(cid:151) SAINT LUCIA

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

X

X

X

X

X

X

X

S

X

X

FIN

X

X

P

X

X

X

GR

X

X

I

X

X

IS

X

X

P

X

X

N

X

X

X

S

FIN

X

X

X

AT BNL D

DK

X*

X*

X

X

X

X

X

X

X

X

E

X

X

F

X

X

O

X

X

X

X

X

X

1

2

3

4

5(cid:176)

6

7

8

9

10

11
(cid:151) Laissez-passer

(cid:151) Travel document for
Palestinian refugees

X

O

O

O
X1

X

X

O

O

11
(cid:151) Inter-Caribbean travel

permit

(cid:151) Certificate of identity

(loose-leaf)

(cid:151) Emergency passport/
passeport provisoire

O

O

O

1 Covered if the residence permit is included in the docoment.

(cid:176) Collective travel document.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
5
3

(cid:151) LIECHTENSTEIN

(cid:151) SRI LANKA

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

E

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X*

X

X*

X*

F

X

X

X

X

X

GR

X

X

X

X

I

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10(cid:176)

X

O

11
(cid:151) National identity card

X

X

X

X

X

X

X

X

X

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

E

X

X

F

X

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

O X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Emergency certificate

(cid:151) Identity certificate

O

O

2
5
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Pass f(cid:252)r Ausl(cid:228)nder (passport for foreigners).

.

.

2
2
9
2
0
0
0

(cid:151) LIBERIA

(cid:151) LESOTHO

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

P

X

X

X

X

X

S

X

X

X

X

X

FIN

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

FIN

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
5
5

(cid:151) LITHUANIA

(cid:151) LATVIA

1

2

3

4

5

6(cid:176)

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

X

X

FIN

X

X

O

O X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8(cid:176)

9

10(cid:209)

AT BNL D

DK

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

X

X

FIN

X

X

X O

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

X

X3

X

X

X

X

X

X

X

X

X

11
(cid:151) Repatriation certificate

X1

X1

X

11
(cid:151) Certificate of return

X1

X2

(cid:176) Child’s travel document.
1 Recognised for exit or transit for return to Lithuania.

(cid:176) Not issued on 7 May 1998.
(cid:209) Identification document (stateless person’s travel document)/personas apliciba (brown cover) which will expire

on 10 April 1999 and alien’s passport (purple cover).

1 Solely for the purposes of transit to Latvia.
2 Recognised for exit or transit for return to Latvia.
3

If the requisite return permit is contained in the document in lieu of passport (stamp in Latvian and
English).

2
5
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) LIBYA

(cid:151) MOROCCO

AT BNL D

DK

X

X

X

X

X

X

X1

X

X2

X

X

X

E

X

X

X

F

GR

X

X

X

X1

X2

X2

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X*

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9(cid:176)

10

11
(cid:151) Temporary travel

document

(cid:151) Travel document for
Palestinian refugees
(cid:151) Laissez-passer (32-page
booklet, dark green
cover)

O

O

X

O

X O

O

O

1

2

3

4

5

6

7

8

9

10

11

1 Covered if it contains a stamp with person’s identity, date and place of birth, date and place of issue and

expiry data translated into French or English.

2 Covered if the headings contained on pages 2 to 6 on the person and issue of the passport are translated

into French or English.

(cid:176) Document not issued on 7 May 1998.

.

.

2
2
9
2
0
0
0

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X*

X*

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

X

X

S

X

X

X

FIN

X

X

X

P

X

X

X

X

X

X

X

X

X

X

X

X O X

X

X

X

X

X

X

X

X

X

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
5
7

(cid:151) MOLDOVA

(cid:151) MADAGASCAR

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

1

2

3

4

5

6

7

8

9

10(cid:176)

11
(cid:151) Travel document

O

X1

O O

X2

AT BNL D

DK

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8(cid:176)

9

10

X

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Safe conduct for people
of uncertain nationality

X1

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

O

(cid:176) Passport for stateless persons.
1 Only with re-entry visa.
2 Recognised for exit or transit for return to Moldova.

(cid:176) Document not issued on 7 May 1998.
1

If the document in lieu of passport carries a valid re-entry visa.

S

FIN

X

X

X

X

X

X

X

X

X

X

P

X

X

X

X

O

2
5
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) MARSHALL ISLANDS

(cid:151) FORMER YUGOSLAV REPUBLIC OF MACEDONIA1

.

.

2
2
9
2
0
0
0

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

FIN

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Certificate of identity

O O

1

2

3

4

5

6

7

8

9

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

GR

I

X O X

X O X

X O X

IS

X

X

X

N

X

X

X

O

X

X

X

(X) O X

(X)

X

10(cid:176)

O

O O

11
(cid:151) Emergency passport

X2

S

X

X

X

FIN

X

X

X

X

X

P

X

X

X

X

X

(cid:176) Passport for foreigners.
1 Although the name (cid:145)Macedonian Republic(cid:146) appearing on the document is not recognised, the document is

recognised as a valid travel document.

2 Recognised for exit or transit for return to FYROM.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
5
9

(cid:151) MALI

(cid:151) MYANMAR

AT BNL D

DK

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Diplomatic passport (in

loose-leaf form1)
(cid:151) Official duty passport
(loose-leaf form)

X

O

O

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X*

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

2
6
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1 Only issued to former diplomats and their families.

.

.

2
2
9
2
0
0
0

(cid:151) MONGOLIA

(cid:151) MAURITANIA

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X*

X*

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

FIN

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8(cid:176)

9

10

11

(cid:176) Document not issued on 7 May 1998.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
6
1

(cid:151) MALTA

(cid:151) MAURITIUS

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

FIN

X

X

X

X

X1

X

X

X1

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8(cid:176)

9

10

11
(cid:151) National identity card

(cid:151) Emergency passport

(cid:151) Document of identity
issued to an applicant
who cannot obtain a
national passport

X

X

X

X
X2
O

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

X

X

FIN

X

X

X

X

X

X

X

X

2
6
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1 Only group passports issued in accordance with the European Convention of 16 December 1961.
(cid:176) Document not issued on 7 May 1998.
2 Recognised for exit or transit for return to Malta.

.

.

2
2
9
2
0
0
0

(cid:151) MALDIVES

(cid:151) MALAWI

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

O X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Temporary travel

document

O

O

X

11
(cid:151) Emergency certificate

(cid:151) Travel document in lieu
of a national passport

X1
X3

X2

1 Only for transit purposes; holders are subject to the visa requirement.
3 Only if the Federal Republic of Germany is mentioned as the State of destination in the document in lieu of

passport; holders are subject to the visa requirement.

2 Only for Malawian citizens.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
6
3

(cid:151) MEXICO

(cid:151) MALAYSIA

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

11
(cid:151) Documento de identidad

y viaje

O

11
(cid:151) Certificate of identity
(booklet with brown
cover 32pp)

O O

O O

(cid:151) Emergency certificate

O O

X1

O

O

2
6
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1 Recognised for exit or transit for return to Malaysia.

.

.

2
2
9
2
0
0
0

(cid:151) MOZAMBIQUE

(cid:151) NAMIBIA

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

O X

S

X

X

X

FIN

X

X

X

P

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

AT BNL D

DK

X

X

X

X

X

X

X

X*

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Students’ passport

(cid:151) Travel document

O

O

10(cid:176)

X

O

11
(cid:151) Emergency travel

certificate

(cid:151) Council of the United

Nations travel document
for Namibia

X1

X2

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Document for travel purposes.
1 Only for transit purposes, provided that the document replacing the passport contains a photo of the

holder and is also valid for the Federal Republic of Germany.

2 Provided that the document contains authorisation to return to the country in which the holder has resided

to date or authorisation entitling the holder to enter the territory of another State.

2
6
5

(cid:151) NIGER

(cid:151) NIGERIA

1

2

3

4

5

6

7

8(cid:176)

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Diplomatic passport

(loose-leaf)

O

11
(cid:151) Emergency certificate

X1

2
6
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Document not issued on 7 May 1998.

1 Recognised for exit or transit for return to Nigeria.

.

.

2
2
9
2
0
0
0

(cid:151) NICARAGUA

(cid:151) NEPAL

.

.

2
2
9
2
0
0
0

1

2

3

4

5

6

7

8(cid:176)

9

10(cid:209)

11
(cid:151) Salvo conducto
(loose-leaf)

(cid:151) Pasaporte ordinario

provisional

(cid:151) Pasaporte provisional

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

O

O

O O

O

X1

X2

(cid:176) Not issued on 7 May 1998.
(cid:209) Identidad y viaje.
1 Provided that the document replacing the passport contains a visa for another entry valid for Nicaragua and

that the document is valid for the Federal Republic of Germany.

2 Recognised for exit or transit for return to Nicaragua.

AT BNL D

DK

X

X

X

X

X

X

X

X*

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Travel document

(loose-leaf)

O

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
6
7

(cid:151) NAURU

(cid:151) NEW ZEALAND

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X*

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

FIN

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X1

O O

O

X1

1

2

3

4

5

6

7

8

9

10(cid:176)

11

2
6
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

Identity certificate.

(cid:176)
1 Recognised if the document contains a return permit.

.

.

2
2
9
2
0
0
0

(cid:151) OMAN

(cid:151) PANAMA

AT BNL D

DK

X

X

X

X

X

X

X

X

X*

X

X

X

E

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Temporary travel permit

(cid:151) Travel document
(dark green)

X1

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

GR

X

X

X

I

X

X

X

X

F

X

X

X

X

O

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

X

GR

X

X

X

I

X

X

X

O

IS

X

X

X

N

X

X

X

P

X

X

X

X

S

X

X

X

FIN

X

X

X

X O

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Consular passport

(cid:151) Student passport

(cid:151) Salvo conducto issued by

the Ministry of the
Interior and of Justice

X

X

O

1 Provided that the document is valid for the Federal Republic of Germany.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
6
9

(cid:151) PERU

(cid:151) PAPUA NEW GUINEA

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8(cid:176)

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

O X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Safe conduct

O

11
(cid:151) Certificate of identity

(cid:151) Emergency travel

document

O

2
7
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Document not issued on 7 May 1998.

.

.

2
2
9
2
0
0
0

(cid:151) PHILIPPINES

(cid:151) PAKISTAN

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

O X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Travel document

X

O

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

O X

X

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
7
1

(cid:151) POLAND

(cid:151) PALAU

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

X1

X2

F

X

X

X

O

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10(cid:176)

X3 O

O O

11
(cid:151) Consular passport
(cid:151) Permit for seagoing

personnel

(cid:151) Provisional travel

document

X5

X
X

O

O

(cid:151) Emergency travel

X4

X6

X

document/Paszport
Blankietowy

1

2

3

4

5

6

7

8

9

10

11

1 Accompanied by an identity card valid for the Republic of Poland.
2 Provided that the guide has a valid Polish passport and that the members of the group have an identity card

with a photo.

(cid:176) Travel document (document podrozy).
3 Solely booklet form recognised.
4 Recognised for exit and transit for return to Poland.
5

In booklet form, if the document is valid for the Federal Republic of Germany; in loose-leaf form only for
transit purposes.

6 Solely for transit purposes.

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

FIN

X

X

X

2
7
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) PARAGUAY

(cid:151) QATAR

1

2

3

4

5

6

7

8

9

10

11

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Travel document

(cid:151) Travel permit

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

O

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

E

X

X

X

F

X

X

X

X

GR

X

X

X

I

X

X

X

X

X1
O

1 Can only be covered if the return permit is contained in the travel document.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
7
3

(cid:151) ROMANIA

(cid:151) RUSSIA

1

2

3

4

5

6

7

8

9

10

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X1

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X1

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Consular passport
(cid:151) Danube boatsman’s card
(cid:151) Passport for persons

without citizenship (also
issued to Romanians
who have lost their
nationality)

(cid:151) Travel document (issued

to illegal aliens)
(cid:151) Certificate of return
(simple declaration)

X2

X
X

O

O

X2

O X3
O
O

O

X3
O

O

11
(cid:151) Danube boatsman’s card

X

(cid:151) Repatriation certificate

X2

O

O

X

2
7
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1 Provided that the document is valid for the Federal Republic of Germany.
2 Solely for transit purposes.
3 Recognised for exit or transit for return to Romania.

1 Provided that it is clear from the seaman’s book that the person concerned is of Russian nationality and

that there is proof that the person is on the crew list.

2 Solely for transit purposes.

.

.

2
2
9
2
0
0
0

(cid:151) RWANDA(cid:176)

(cid:151) SAUDI ARABIA

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Laissez-passer replacing

the passport

O

11
(cid:151) Laissez-passer

X1

O

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Passports issued before 30 September 1996 are no longer valid.

1

If it contains an authorisation of return in the form of an exit/re-entry visa. Otherwise, the passport
replacement document and the exit/re-entry visa must be valid for at least six months.

2
7
5

(cid:151) SOLOMON ISLANDS

(cid:151) SEYCHELLES

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X*

X*

X*

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

FIN

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8(cid:176)

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Emergency passport

O

2
7
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Document not issued on 7 May 1998.

.

.

2
2
9
2
0
0
0

(cid:151) SUDAN

(cid:151) SINGAPORE

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

O

GR

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X1

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Emergency travel

document

O

11
(cid:151) Certificate of identity

(cid:151) International certificate
of identity with return
visa

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

FIN

X

X

X

X

X

X

O

O

O

(cid:151) Document of identity(cid:176)

X

X1

X2

X

1 Provided that the return permit is contained in the document replacing the passport.

2 Recognised for exit or transit for return to Singapore.

(cid:176) Only for Singapore nationals.
1 Solely for transit purposes and provided that the route logically passes through the Federal Republic of

Germany.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
7
7

(cid:151) SLOVENIA

(cid:151) SLOVAKIA

AT BNL D

DK

E

X

X

X

X

X*

X*

X

X

X

X

X

X

X

X*

O

1

2

3

4

5

6

7

8

9(cid:176)

10(cid:209)

11
(cid:151) Identity card

(cid:151) Boatsman’s card

(cid:151) Emergency passport

X

X

X

X

X

X

X

X

X

X1

X

X

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

GR

X

X

X

F

X

X

X

O

I

X

X

X

X

X

X

X

X

X

X

X

X

X

X

O

O

O
X2

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10(cid:176)

11
(cid:151) Travel document
(cestovny preukaz)

X

X

X

X1

O O

X2

(cid:176) Document not issued on 7 May 1998.
(cid:209) Passport for foreigners.
1 Accompanied by an official pass proving the identity of the holder.
2 Recognised for exit or transit for return to Slovenia.

(cid:176) Cestovny preukaz totoznosti/travel identity card (booklet) and cestovny preukaz totosnosti (loose-leaf).
1 Solely for transit purposes, if in order to return to Slovakia the person has to logically travel through the

Federal Republic of Germany.

2 Recognised for exit or transit for return to Slovakia.

2
7
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) SIERRA LEONE

(cid:151) SAN MARINO

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

O X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8(cid:176)

9

10

11

(cid:176) Document not issued on 7 May 1998.

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) National identity card

(cid:151) Identity card for State

officials

(cid:151) Children under 15 years

of age; photo and
confirmation that they
are nationals of San
Marino

AT BNL D

DK

X

X

X

X

X

X

E

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

N

X

X

X

P

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
7
9

(cid:151) SENEGAL

(cid:151) SOMALIA

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X1

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11

I(cid:176)

X

X

X

IS

N

P(cid:176)

S

FIN

X O

X O

X O

AT(cid:176) BNL(cid:176) D(cid:176) DK(cid:176)

E(cid:176)

F(cid:176) GR(cid:176)

X

X

X

X

X

X

X

X*

X*

X*

X

X

X

X

X

X

X

X

X

X

X

X

O X

X

X

X*

X

X

X

X

X

X

X

X

2
8
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1

In booklet and loose-leaf form.

(cid:176) This no longer covers passports or documents replacing passports,

issued or extended by a Somalian

diplomatic or consular authority or post after 31 January 1991.

.

.

2
2
9
2
0
0
0

(cid:151) SURINAME

(cid:151) SˆO TOM(cid:201) AND PR˝NCIPE

1

2

3

4

5

6

7

8(cid:176)

9

10(cid:209)

11
(cid:151) Ordinary passport for

trade

(cid:151) Paspoort (Laissez-passer)

AT BNL D

DK

X

X

X

X

X

X

X

X

X*

X

X

X

E

X

X

X

F

X

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

FIN

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X1

X

O

X2

O

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

FIN

X

X

X

X

X

O X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

(cid:176) Document not issued on 7 May 1998.
(cid:209) Paspoort voor vreemdelingen.
1 Provided that the document replacing the passport contains a visa for entry valid for Suriname and that it is

valid for the territory of the Federal Republic of Germany.

2 Treated in the same way as an ordinary passport.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
8
1

(cid:151) EL SALVADOR

(cid:151) SYRIA

1

2

3

4

5

6

7

82

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X1

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X*

X

X

X O X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

X

X

X

X

X

X

X

S

X

FIN

X

X

X

P

X

X

X

X

X

X

X

11
(cid:151) Document for Palestinian

refugees

X

X1

2
8
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1 Except for a white service passport. This is not deemed sufficient for crossing the border and staying in the

territory of the Federal Republic of Germany.

2 Document not issued on 7 May 1998.

1 Cannot be covered unless a permanent return permit is contained in the travel document.

.

.

2
2
9
2
0
0
0

(cid:151) SWAZILAND

(cid:151) CHAD

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

X

X

FIN

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Travel permit

(cid:151) Laissez-passer

O O O

O O O

O

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
8
3

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

(cid:151) TOGO

(cid:151) THAILAND

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10(cid:176)

11
(cid:151) Travel permit

(cid:151) Laissez-passer for aliens

(cid:151) Safe conduct

(cid:151) Identity certificate for the
Economic Community of
the States of Western
Africa

O

O

O

O O

O O

O

O O

O

11
(cid:151) Free passport

(cid:151) Certificate of identity

(loose-leaf)

(cid:151) Emergency certificate

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

X1

X

F

X

X

X

O

X

O

X2
X3

O

2
8
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Travel document for aliens (yellow cover).
1 The travel document for aliens is recognised provided it is valid for the Federal Republic of Germany and

that it contains a return visa.
Issued to officials, Buddhist priests, sportspersons, etc., dealt with in the same way as an ordinary passport.

2
3 Recognised for exit or transit for return to Thailand.

.

.

2
2
9
2
0
0
0

(cid:151) TAJIKISTAN

(cid:151) TURKMENISTAN

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

E

X

X

F

X

X

X

GR

X

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

FIN

X

X

S

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1(cid:176)

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

O

X

X

X

X

X

X

X

X

X

X

X

X

(cid:176) Passports from the former USSR are valid until 31 December 2001.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
8
5

(cid:151) TUNISIA

(cid:151) TONGA

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

F

X

X

I

X

X

GR

X

X

X

IS

X

X

X

N

X

X

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

O

AT BNL D

DK

X*

X*

X*

X

X

X

X

X

X

X

X

X

X

P

X

X

X

X

X

S

X

X

X

X

FIN

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

O O

11
(cid:151) Tongan protected person

passport

(cid:151) National Tongan

passport (different from
the ordinary passport)

(cid:151) Certificate of identity

11
(cid:151) Laissez-passer (for exit

from Tunisia)

O

2
8
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

O X

O

O

O

O

O

O

.

.

2
2
9
2
0
0
0

(cid:151) TURKEY

(cid:151) TRINIDAD AND TOBAGO

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

X

X

X1

GR

X

X

X

X

X

I

X

X

X

X

X

IS

X

X

X

X

N

X

X

X

X

P

X

X

X

X

X

FIN

X

X

X

S

X

X

X

X

X O

X O

X

X

X

X

X

X

X

X

X

X

X

X

X

X

O

X2

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Travel document valid
only for returning to
Turkey

AT BNL D

DK

X

X*

X*

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

S

X

X

X

FIN

X

X

X

P

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Certificate of identity

(cid:151) Passport for Members of

X

Parliament

X

O

X

X

1

Issued in accordance with the European Convention of 16 December 1961 (group passport and group
passport for young persons).

2 Recognised for exit or transit for return to Turkey.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
8
7

(cid:151) TUVALU

(cid:151) TAIWAN

AT BNL D

DK

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

P

X

X

S

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8(cid:176)

9

10

11
(cid:151) Certificate of identity

O

AT BNL D

DK

X

X

X

E

X

F

X

GR

X

I

X

IS

X

N

P(cid:176)

S

FIN

X O X

X

X O

O O X

X O X O1

X O

O O X

X O

O1

X

X

X

1

2

3

4

5

6

7

8

9

10

11

(cid:176) Document not issued on 7 May 1998.

(cid:176) Portugal can agree to its partners affixing visas in the passports. Portugal affixes visas on a separate sheet of

paper.

1 Accepted as a normal passport.

2
8
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

.

.

2
2
9
2
0
0
0

(cid:151) TANZANIA

(cid:151) UKRAINE

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6(cid:176)

7

8

9

10(cid:209)

11
(cid:151) Certificate of identity

O

11
(cid:151) Certificate for returning
to Ukraine of a citizen
of Ukraine

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

E

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X1

X

GR

X

X

X

X

I

X

X

X

X

X

F

X

X

X

X

X

O

X2

(cid:176) Travel document for a child (blue booklet).
(cid:209) Stateless person’s travel document.
1 Provided that it is clear from the seaman’s book that the person concerned is of Ukrainian nationality and

that there is proof that the person is on the crew list.

2 Recognised for exit or transit for return to Ukraine.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
8
9

(cid:151) UGANDA

(cid:151) UNITED STATES OF AMERICA

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X*1 X

X*

X*

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10(cid:176)

11

E

X

X

X

F

X

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

2
9
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

1 This asterisk has the same meaning as the asterisk for Germany (see introduction).

(cid:176) Called (cid:145)Re-entry permit(cid:146) or (cid:145)Permit to re-enter the US(cid:146).

.

.

2
2
9
2
0
0
0

(cid:151) URUGUAY

(cid:151) UZBEKISTAN

1

2

3

4

5

6

7

8

9

10(cid:176)

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

E

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

N

X

X

X

P

X

X

X

S

X

X

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

X1 X1

O X1

X1

10(cid:176)

11
(cid:151) Identity card for persons
without citizenship

X

O

O

(cid:176) Titulo de identidad de viaje.
1 Recognised if the document contains a return permit.

(cid:176)

Identity card for foreigners resident in the Republic of Uzbekistan.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
9
1

(cid:151) VATICAN CITY STATE

(cid:151) SAINT VINCENT AND THE GRENADINES

1

2

3

4

5

6

7

8(cid:176)

9(cid:176)

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X*

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

FIN

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X*

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

FIN

X

X

X

O X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

11
(cid:151) Emergency passport

X1

2
9
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Document not issued on 7 May 1998.

1 Recognised for exit or transit for return to Saint Vincent and the Grenadines.

.

.

2
2
9
2
0
0
0

(cid:151) VENEZUELA

(cid:151) VIETNAM

1

2

3

4

5

6

7

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

S

X

X

X

FIN

X

X

X

P

X

X

X

X

O X

X

1

2

3

4

5

6

7(cid:176)

8

9

10

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

O X

X

11
(cid:151) One-year provisional
passport (loose-leaf)
(cid:151) Emergency passport

X

X1

X O X

O

X

O

X

X

11
(cid:151) Laissez-passer (loose-leaf)

X1

1 The holders are subject to the visa requirement.

(cid:176) Seaman’s passport (for officers) and seaman’s book (for fishermen).
1 Recognised for exit or transit for return to Vietnam.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
9
3

(cid:151) VANUATU

(cid:151) SAMOA

1

2

3

4

5

6

7

8

9

10

11

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

FIN

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

FIN

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8(cid:176)

9

10

11
(cid:151) Certificate of identity

O

2
9
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Document not issued on 7 May 1998.

.

.

2
2
9
2
0
0
0

(cid:151) THE PALESTINIAN AUTHORITY

(cid:151) YEMEN

AT BNL D

DK

X

X

X1

X

E

X

F

X

GR

X

I

X

IS

X

N

X

P

X

S

X

FIN

X

1

2

3

4 (VIP)

X

X

X1

X

X

X

X

X

X

X

X

X

5

6

7

8

9

10

11

GR

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

S

FIN

X

X

X

P

X

X

X

X

E

X

X

X

AT BNL D1 DK

X

X*

X

X

X

X

X

X

X

X

X

X

F

X

X

X

X

X

X

X

X*

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7(cid:176)

8(cid:176)

9

10

11

1 Provided that the holder is officially resident in the independent territories.

1 All passports and documents replacing passports issued by the former Arab Republic of Yemen and the

former Democratic People’s Republic of Yemen are not recognised.

(cid:176) Document not issued on 7 May 1998.

.

.

2
2
9
2
0
0
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
9
5

(cid:151) YUGOSLAVIA (SERBIA AND MONTENEGRO)

(cid:151) SOUTH AFRICA

AT BNL D

DK

1

2

3

4

5

6

7

8

9

10(cid:176)

11
(cid:151) Danube boatman’s card

(cid:151) Emergency travel

document (laissez-passer)

X

X

X

X

X

X

X

X

O

X

X

X

O

X

X

X

X

X

X

E

X

X

X

X

X

X

X

X

X

X

IS

X

X

X

N

X

X

X

GR

X

X

X

I

X

X

X

X

X

X

X

X

X

X

X

X

X

F

X

X

X

O

O

X

X

X

O

O
X1

P

X

X

X

O

X

X

O

S

X

X

X

X

X

FIN

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

X

X

P

X

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10(cid:176)

X1

O

X

11
(cid:151) Temporary passport

(cid:151) Emergency passport

X4

X2 X3 X2
X2

X4

X

X

2
9
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

(cid:176) Putni List Za Strance (laissez-passer for aliens).
1 Recognised for exit and transit for return to Yugoslavia.

date on which it was issued.

4 Only recognised for nationals of South Africa.

If the document contains a guarantee of return (re-entry permit) valid for a least one year.

(cid:176) Document for travel purposes.
1
2 Recognised for exit or transit for return to South Africa.
3 Recognised solely for nationals of South Africa and can only be stamped in the eight weeks following the

.

.

2
2
9
2
0
0
0

(cid:151) ZAMBIA

(cid:151) ZIMBABWE

.

.

2
2
9
2
0
0
0

1

2

3

4

5

6

7

8

9

10

11
(cid:151) (Local) travel document

of identity

(cid:151) Temporary travel

document

X

X

X

X

X

X

X

X

X

X

O

O

AT BNL D

DK

X

X

X

X

E

X

X

X

F

X

X

GR

X

X

I

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

O O

O

AT BNL D

DK

X

X

X

X

X

X

X

X

X

X

X

X

E

X

X

X

F

X

X

X

GR

X

X

X

I

X

X

X

IS

X

X

X

N

X

X

X

P

X

X

X

S

X

X

X

FIN

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1

2

3

4

5

6

7

8

9

10

11
(cid:151) Emergency travel

document

(cid:151) Temporary passport

(cid:151) Passport for business

trips

O

O

X

O O

O

X

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

2
9
7

298

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 28 April 1999

on the compilation of a manual of documents to which a visa may be affixed

(SCH/Com-ex (99) 14)

At its meeting in Berlin on 16 December 1998, the Executive Committee decided to compile a manual of
documents to which a visa may be affixed (SCH/Com-ex (98) 56).

The manual will comprise the following sections:

Part I

Travel documents to which a visa may be affixed

Part II

Aliens’ passports issued by the Schengen States to which a visa may be affixed

Part III

A list of the travel documents issued by international organisations

Part IV

Gradual compilation of a documentary record containing copies of originals

Part V

Information on known fictitious passports

The Executive Committee takes note of the fact that, in addition to Part I (Travel documents to which a
visa may be affixed) which was forwarded to it on 16 December 1998, Parts II, III and V are now also
available (see Annex (*)).

This means that the essential components of the manual of documents to which a visa may be affixed are
available. The gradual compilation of a documentary record containing copies of originals is being
undertaken at European Union level. The manual on authentic documents issued by Interpol can also be
used.

The revised version of Part I as well as Parts II, III and V will be distributed to diplomatic missions and
consular posts abroad. They can also be sent to the border authorities and to other bodies dealing with
questions relating to the law on aliens.

The existing sections of the manual of documents to which a visa may be affixed should be revised when
necessary, for instance every three months, starting on 1 July 1999.

Luxembourg, 28 April 1999.

The Chairman

C. H. SCHAPPER

(*) See Annex to document SCH/Com-ex (98) 56.

22.9.2000

EN

Official Journal of the European Communities

299

DECISION OF THE EXECUTIVE COMMITTEE

of 16 December 1998

on the introduction of a harmonised form providing proof of invitation, sponsorship and
accommodation

(SCH/Com-ex (98) 57)

THE EXECUTIVE COMMITTEE,

(cid:151) security features.

Having regard to Article 132 of the Convention implementing
the Schengen Agreement,

Having regard to Article 9 of the abovementioned Convention,

Whereas it is in the interest of all the Schengen States to apply
uniform rules to the issue of visas in the context of their
common policy on the movement of persons, with a view to
preventing possible negative consequences as regards entry
into Schengen territory and internal security,

The standard form shall be introduced in 1999 in the States
implementing the Schengen Convention in which national law
makes provision for this kind of proof.

1. The following sentence shall be added to point 1.4,

Chapter V of the Common Consular Instructions:

Wishing to build on hitherto positive experiences of
the
Common Consular Instructions and to harmonise further the
visa-issue procedure,

laws of the Schengen States require
(cid:145)Where the national
proof of invitations from private individuals or for business
trips, sponsorship declarations or proof of accommodation,
a harmonised form shall be used (1).(cid:146)

Guided by the principle of solidarity between the Schengen
Partners,

2. The Schengen Contracting Parties

shall complete the

harmonised form in accordance with their national laws.

HAS DECIDED AS FOLLOWS:

Point 1.4, Chapter V of the Common Consular Instructions on
Visas
(Verification of other documents depending on the
application) lays down the use of a harmonised form providing
proof of accommodation.

The form attached hereto allows for a high degree of flexibility
and for use of the form adapted to the legal situation of each
Contracting Party, since the Schengen States currently use very
differing forms, for different types of obligation.

These differences have the effect in particular of increasing the
risk of misuse and for that reason, the Schengen States are
introducing a document
incorporating features aimed at
preventing counterfeiting and falsification.

Consequently, the standard document is uniform in terms of
its:

(cid:151) layout and structure and;

3. The harmonised form to be used by the Schengen
Contracting Parties for sponsorship declarations, invitations
or proof of accommodation shall be drawn up at a central
level,
in accordance with the specifications laid down in
Annex A (technical description of security features) and in
Annexes A1 and A2 (specimen). The obligatory standard
elements of the harmonised form are given in Annex B.

4. Specimens of

the documents issued by the Contracting
to the Common Consular

added

Parties
Instructions in the form of Annex 15.

shall be

5. France shall supply the films required for the production of
the forms to the other Schengen States. The Contracting
Parties shall bear the costs jointly.

(1) Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Italy,
the Netherlands, Norway, Austria, Portugal and

Luxembourg,
Sweden apply these principles.

300

EN

Official Journal of the European Communities

22.9.2000

6. The security features of the document shall be scrutinised
at regular intervals (every two years, if possible) regardless
of any general amendments which may prove necessary if
the form is falsified by forgers or counterfeiters or if
protective measures relating to security features have been
revealed.

8. This Decision shall enter into force when the Schengen
States have sent notification that they have implemented
the requisite measures.

Berlin, 16 December 1998.

7. The document
languages.

shall be produced in at

least

three

The Chairman

C. H. SCHAPPER

22.9.2000

EN

Official Journal of the European Communities

301

CONFIDENTIAL

Annex A

Technical description of the form

Annex A1

Bundesrepublik Deutschland

VERPFLICHTUNGSERKL(cid:190)RUNG
DE´ CLARATION DE PRISE EN CHARGE
FORMAL OBLIGATION

D 00000000

Bundesdruckerei
Artikel-Nr. 10150

Ich, der/die Unterzeichnende

Je, soussigne´ (e)

I, the undersigned

Name / Nom / Surname

P

Vorname(n) / Pre´ nom(s) / First name

Geburtstag und -ort / Ne´ (e) le / a` / Date and place of birth

Staatsangeh(cid:246)rigkeit / Nationalite´ / Nationality

Identit(cid:228)tsdokument (1) / Aufenthaltstitel (2) / Document d’identite´ (1) / Titre de se´ jour (2)
Identity card (1) / Residence title (2)

wohnhaft in / Adresse / Address

Beruf / Profession / Profession

Zust(cid:228)ndige Beh(cid:246)rde
Autorite´ compe´ tente
Competent authority

verpflichte mich gegen(cid:252)ber
der Ausl(cid:228)nderbeh(cid:246)rde/Aus-
landsvertretung, f(cid:252)r

m’engage aupre` s du ser-
vice des e´ trangers/de la
repre´ sentation diplomatique
a` he´ berger

take full responsibility
towards the aliens
authority/diplomatic
representation for
accommodating

Name / Nom / Surname

Vorname(n) / Pre´ nom(s) / First name

Geburtstag und -ort / Ne´ (e) le / a` / Date and place of birth

Staatsangeh(cid:246)rigkeit / Nationalite´ / Nationality

Reisepass Nr. / Passeport no / Passport No

wohnhaft in / Adresse / Address

Verwandschaftsbeziehung mit dem Antragsteller / Lien de parente´ avec le demandeur / Family
relationship to applicant

und folgende sie/ihn begleitende Personen, nur Ehegatten (3) / accompagne´ (e) de son conjoint (3)
/ accompanied by his or her spouse (3)

und Kinder (3) / accompagne´ (e) de ses enfants (3) / accompanied by children (3)

vom … an bis zum … / du … au … / from … to …

( 1)
Art / type / type
Nummer / nume´ ro / number

( 2)
Nur bei
Ausl(cid:228)ndern,
Art des Titels

seulement pour
les e´ trangers
type de titre

applicable to
foreigners only,
type of title

( 3)
Name / nom / surname
Vorname / pre´ nom / first name
Geburtstag / date de naissance / date of birth
Geschlecht / sexe / sex

nach § 84 des Ausl(cid:228)nderge-
setzes die Kosten f(cid:252)r den
Lebensunterhalt und nach
§§ 82 und 83 des Ausl(cid:228)n-
dergesetzes die Kosten f(cid:252)r
die Ausreise o. g. Ausl(cid:228)n-
ders/in zu tragen.

et a` prendre en charge le
co(cid:223)t de la vie conforme´ -
ment au § 84 de la loi sur
les e´ trangers et les frais de
retour de l’e´ tranger ci-
dessus conforme´ ment aux
§§ 82 et 83 de la loi sur les
e´ trangers.

and for bearing the living
costs according to § 84 of
the Aliens Act and the
departure costs of the
above foreigner according
to §§ 82 and 83 of the
Aliens Act.

Die Verpflichtung umfasst die Erstattung s(cid:228)mtlicher (cid:246)ffentlicher Mittel, die f(cid:252)r den Lebensunterhalt einschließlich der Versorgung mit
Wohnraum und der Versorgung im Krankheitsfall und bei Pflegebed(cid:252)rftigkeit aufgewendet werden (z. B. Arztbesuch, Medikamente,
Krankenhausaufenthalt). Dies gilt auch, soweit die Aufwendungen auf einem gesetzlichen Anspruch beruhen, im Gegensatz zu Auf-
wendungen, die auf einer Beitragsleistung beruhen.

Die vorliegende Verpflichtung umfasst auch die Ausreisekosten (z. B. Flugticket) o. g. Ausl(cid:228)nders/in nach §§ 82 und 83 des Ausl(cid:228)n-
dergesetzes.

Ich wurde von der Ausl(cid:228)nderbeh(cid:246)rde hingewiesen auf

— den Umfang und die Dauer der Haftung,

— die M(cid:246)glichkeit von Versicherungsschutz,

— die zwangsweise Beitreibung der aufgewendeten Kosten im Wege der Vollstreckung, soweit ich meiner Verpflichtung nicht nach-

komme, sowie

— die Strafbarkeit z. B. bei vors(cid:228)tzlichen, unrichtigen oder unvollst(cid:228)ndigen Angaben (§ 92 des Ausl(cid:228)ndergesetzes — Freiheitsstrafe

bis zu drei Jahren oder Geldstrafe).

Ich best(cid:228)tige, zu der Verpflichtung aufgrund meiner wirtschaftlichen Verh(cid:228)ltnisse in der Lage zu sein.

Beh(cid:246)rden-
vermerke

Re´ serve´ a`
l'administration

Official
remarks

Anschrift der Wohnung, in der die Unterschrift sichergestellt wird, falls abweichend vom
gew(cid:246)hnlichen Wohnsitz des Unterkunftgebers /

Adresse du logement dans lequel l’he´ bergement sera assure´ , au cas o(cid:156) il serait diffe´ rent
du logement habituel de l’he´ bergeant /

Address of the lodging where accommodation will be provided, if different from the under-
signed's normal address

Ich bin / j’en suis / I am

Mieter
locataire
tenant

Eigent(cid:252)mer
proprie´ taire
owner

Arbeitgeber / Employeur / Employer

Sonstige Angaben zu Wohn-, Einkommens- und Verm(cid:246)gensverh(cid:228)ltnissen (Gr(cid:246)ße der Woh-
nung, H(cid:246)he des Einkommens) /

Renseignements comple´ mentaires concernant le logement,
financie` re /

les revenus et la situation

Other details of housing conditions, income and financial situation

Geb(cid:252)hren

Der/die Verpflichtungserkl(cid:228)rende

Ich versichere, die vorstehenden Angaben nach bestem Wissen
und Gewissen richtig und vollst(cid:228)ndig gemacht zu haben und
gehe eine entsprechende Verpflichtung ein.

Ort

Datum

Beglaubigungsvermerk der Ausl(cid:228)nderbeh(cid:246)rde/Auslandsvertre-
tung

Die Unterschrift der/des Verpflichtungserkl(cid:228)renden ist vor mir
vollzogen worden. Die Beglaubigung der Unterschrift dient nur
zur Vorlage bei der deutschen Auslandsvertretung.

Beh(cid:246)rde:

Im Auftrag

Ort

Datum

(Siegel)

Unterschrift

Stellungnahme der Ausl(cid:228)nderbeh(cid:246)rde / Auslandsvertretung

Bemerkungen

Die finanzielle Leistungsf(cid:228)higkeit des/der Verpflichtungserkl(cid:228)ren-
den wurde nachgewiesen / glaubhaft gemacht.

Beh(cid:246)rde:

Im Auftrag

Ort

Datum

(Siegel)

Re´ publique franc¸ aise

cerfa
no 10798*01

Document souscrit en appli-
cation du de´ cret no 82-442 du
27 mai 1982 modifie´ pris pour
l’application de l’article 5 de
l’ordonnance no 45-2658 du
2 novembre 1945 modifie´ e
relative aux conditions d’entre´ e
et de se´ jour des e´ trangers en
France

Annex A2

ATTESTATION D’ACCUEIL
NACHWEIS DER UNTERKUNFT
PROOF OF ACCOMMODATION

F

Je, soussigne´ (e)

Ich, der/die Unterzeichnende

I, the undersigned

nom / Name / surname

P

pre´ nom(s) / Vorname(n) / first name

ne´ (e) le / a` / Geburtstag und -ort / date and place of birth

nationalite´ / Staatsangeh(cid:246)rigkeit / nationality

document d’identite´ (1) ou titre de se´ jour (1) / Identit(cid:228)tsdokument (1) / Aufenthaltstitel (1) /
identity (1) or residence document (2)

adresse comple` te / wohnhaft in / full address

De´ partement, commune
Zust(cid:228)ndige Verwaltung
Competent authority

atteste pouvoir accueillir:

bescheinige folgende
Person(en) unterbringen
zu k(cid:246)nnen:

declare being able to
accommodate:

nom / Name / surname

pre´ nom(s) / Vorname(n) / first name

ne´ (e) le / a` / geboren am / in / born on / at

nationalite´ / Staatsangeh(cid:246)rigkeit / nationality

passeport no / Reisepass-Nr. / passport No

adresse / wohnhaft in / address

accompagne´ (e) de son conjoint (2) / und folgende sie/ihn begleitende Personen, nur Ehegatten (2)
/ accompanied by spouse (2)

accompagne´ (e) de ses enfants (2) / und Kinder (2) / accompanied by children (2)

( 1) type / Art / type

nume´ ro / Nummer / number

( 2) nom / Name / surname

pre´ nom / Vorname / first name
date de naissance / Geburtstag / date of birth
sexe / Geschlecht / sex

pendant (… jours) entre le … et le … / f(cid:252)r (… Tage) zwischen dem … und dem … / for (… days)
from … to …

LA LOI No 78-17 DU 6 JANVIER 1978 RELATIVE A` L'INFORMATIQUE, AUX FICHIERS ET AUX LIBERTE´ S s'applique aux re´ ponses
faites sur ce formulaire et garantit un droit d'acce` s et de rectification pour les donne´ es vous concernant aupre` s de la pre´ fecture.

ARTICLE 21 DE L'ORDONNANCE DU 2 NOVEMBRE 1945 MODIFIE´ E: toute personne franc¸ aise ou e´ trange` re re´ sidant en France ou
sur le territoire d'un autre E´ tat partie a`
la Convention de Schengen qui aura, par aide directe ou indirecte, facilite´ ou tente´ de faciliter
l'entre´ e, la circulation ou le se´ jour irre´ gulier d'un e´ tranger en France ou sur le territoire d'un autre E´ tat partie de la Convention de
Schengen sera punie d'un emprisonnement de 5 ans et d'une amende de 200 000 francs.

ARTICLE 441-5 DU CODE PE´ NAL: le fait de procurer frauduleusement a` autrui un document de´ livre´ par une administration publique
aux fins de constater un droit, une identite´ ou d'accorder une autorisation est puni de 5 ans d'emprisonnement et de 500 000 francs
d'amende. Ces peines peuvent eˆ tre porte´ es a` 7 ans d'emprisonnement et a` 700 000 francs d'amende dans les cas e´ voque´ s au
deuxie` me aline´ a du meˆ me article.

ARTICLE 441-6 DU CODE PE´ NAL: le fait de se faire de´ livrer ind(cid:223)ment, notamment en fournissant une de´ claration mensonge` re, par
une administration publique un document destine´ a` constater un droit, une identite´ ou une qualite´ ou a` accorder une autorisation est
puni de 2 ans d'emprisonnement et de 200 000 francs d'amende.

1o) Cas o(cid:156) l'accueil est assure´ au domicile principal de l'he´ bergeant:

re´ serve´ a`

l'administration

adresse: se reporter a` celle mentionne´ e au recto

justificatifs du domicile principal de l'he´ bergeant:

2o) Cas o(cid:156) l'accueil est assure´ au domicile secondaire de l'he´ bergeant:

re´ serve´ a`

l'administration

adresse comple` te:

justificatifs du domicile secondaire de l'he´ bergeant:

L'he´ bergeant

L'autorite´ publique compe´ tente:

J'atteste sur l'honneur l'exactitude des renseignements porte´ s ci-dessus.

Date:

LU ET APPROUVE´ ,

Date et signature

Signature et cachet

L'autorite´ consulaire

Date et cachet

Les services de contr(cid:244)le a`

l'entre´ e sur le territoire

Date et cachet

Annex B

F(cid:252)r die Sprachfassung gilt Folgendes:
Die Sprache des Ausstellerstaates plus zwei weitere.

Pour la version linguistique:
La langue de l’E´ tat de de´ livrance plus deux autres langues.

The following applies to the languages:
The language of the issuing State plus two others.

Name / Nom / Surname

Vorname(n) / Pre´ nom(s) / First name

Geburtstag und -ort / Ne´ (e) le / a` / Date and place of birth

Staatsangeh(cid:246)rigkeit / Nationalite´ / Nationality

Identit(cid:228)tsdokument ( 1) / Aufenthaltstitel ( 1) / Document d’identite´ ( 1) / Titre de se´ jour (1) / Identity card ( 1) / Residence title ( 1)

00000000

wohnhaft in / Adresse / Address

Beruf / Profession / Profession*

Name / Nom / Surname

Vorname(n) / Pre´ nom(s) / First name

Geburtstag und -ort / Ne´ (e) le / a` / Date and place of birth

Staatsangeh(cid:246)rigkeit / Nationalite´ / Nationality

Reisepass Nr. / Passeport n o / Passport No

wohnhaft in / Adresse / Address

Verwandtschaftsbeziehung mit dem Antragsteller / Lien de parente´ avec le demandeur / Family relationship to applicant*

und folgende sie/ihn begleitende Personen, nur Ehegatten (2) / accompagne´ (e) de son conjoint(2) / accompanied by his or her spouse(2)

und Kinder ( 2) / accompagne´ (e) de ses enfants ( 2) / accompanied by children (2)

vom … an bis zum … / du … au … / from … to …**

( 1)
type / Art / type
Nummer / nume´ ro / number

( 2)
Name / nom / surname
Vorname / pre´ nom / first name
Geburtstag / date de naissance / date of birth
Geschlecht / sexe / sex

*
fakultativ / facultatif / optional

**
oder eine analoge Formulierung / ou une formulation analogue / or a similar wording

308

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 16 December 1998

on coordinated deployment of document advisers

(SCH/Com-ex (98) 59 rev.)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Articles 12 and 26 of the above Convention,

Taking account of its Declaration of 16 September 1998 (document SCH/Com-ex (98) decl 3),

HAS DECIDED AS FOLLOWS:

1. The plan for the coordinated deployment of document advisers for air and maritime traffic and at

consular representations (document SCH/I-Front (98) 171 rev 4) is hereby approved.

2. The list of locations currently considered suitable in principle for document adviser assignments and
the designation of present key locations and regions (document SCH/I-Front (98) 184 rev 3) is hereby
noted.

Berlin, 16 December 1998.

The Chairman

C. H. SCHAPPER

22.9.2000

EN

Official Journal of the European Communities

309

SCH/I-Front (98) 171 rev 4

PRINCIPLES FOR IMPLEMENTATION

At its meeting on 16 September 1998, the Executive Committee underlined the special importance of
document advice in combating illegal immigration into the Schengen area (SCH/Com-ex (98) decl 3).

The Executive Committee also issued a mandate to make practical arrangements, which are set out below.

The coordinated deployment of document advisers for air and maritime traffic consular representations
shall proceed according to the following guidelines:

1. Arrangements for creating joint document adviser teams

(a) The Schengen States shall, where necessary, hold information seminars, the composition and
duration of which shall vary according to the requirements of the individual case, on the following
themes:

(cid:151) the detection of counterfeit and falsified documents,

(cid:151) modi operandi,

(cid:151) procurement of equipment for the detection of false and counterfeit documents,

(cid:151) legal regulations and rules on controls.

These advisory activities shall be provided:

(cid:151) for airlines or maritime shipping companies,

(cid:151) to assist the consular representations of one or more Schengen State in third countries,

(cid:151) to assist border authorities or immigration authorities at airports and seaports of departure in

third countries.

The document advisers shall also assist transport companies and the personnel responsible for
controls in conducting pre-boarding checks at airports and ports of exit.

The Schengen States shall aim to second advisers for a period of two to three weeks. Individual
States reserve the right to take unilateral follow-up measures.

(b) The Schengen States shall designate central contact points via which the need for advice and the
capacity to provide support shall be communicated and all organisational aspects arranged and
information relating to document advice conveyed. The central contact point of the Schengen
State which has proposed the assignment shall be responsible for operational coordination
(preparation, implementation and follow-up with regard to specific secondment activities). Both
the Presidency and the leading contact point shall take account of parallel activities conducted in
the framework of the EU.

310

EN

Official Journal of the European Communities

22.9.2000

(c) The central contact points shall work directly together on a basis of trust.

(d) The central contact points shall regularly determine the need for training material, which it shall
supplement where appropriate on the basis of practical experience, and shall inform each other
immediately of new modi operandi.

(e) The Presidency in office shall consult the delegations in due time about the need to claim EU
funding (Odysseus) and (cid:151) as concerns practical arrangements for the training courses, support
and the production of training materials (cid:151) shall submit an application for financial assistance
from the Odysseus programme to the European Commission via the EU Presidency. The first of
these applications together with a definition of the project to be conducted (participating States,
coordination of groups, place, financial contribution) shall be submitted at the latest by 31 March
1999 (deadline for submission).

2. Choice of locations suitable for document adviser assignments

The choice of locations with consular representations and (or) transport company offices abroad that
are suitable for document adviser assignments given the current situation as it applies in each case
shall be made by the subgroup on Frontiers in a separate note.

Even if not explicitly mentioned in the above list, the staff of the domestic airline and shipping
company transporting people into the Schengen area should also be offered training depending on the
capacity available.

if

there is sufficient capacity, document advice may also be offered to transport
Furthermore,
companies which do not directly serve destinations in the Schengen area but operate feeder trips to
departure points for connecting air and sea links to the Schengen area.

In all events, once the individual advice projects have been defined, contact should be made
immediately with the consular representations and transport companies. In principle, all consular
representations of the Schengen States will be informed of the planned secondment of document
advisers to the representations at local level.

3. Designation of key places and regions

The deployment of document advisers will be based on a current assessment of the situation. The
Sub-Group on Frontiers will determine the key places and regions in a separate note.

4. Document adviser profile

Staff working as document advisers must be professionally and personally suitable. They should have
at least five years(cid:146) experience in an executive capacity.

Document advisers should have sufficient knowledge of the main language used in connection with
air and sea traffic at the place where they are deployed and should certainly have a good command of
English airline and document terminology (IATA training material). Officials working as document
advisers must also have the necessary pedagogical and didactic skills for this activity.

22.9.2000

EN

Official Journal of the European Communities

311

5. Reporting arrangements and plans for further developments

After the mission, the document advisers shall draft a written report on the course of the assignment
and the weak points detected, on the modus operandi and the counter-measures already taken. The
report shall be forwarded to the leading State and on to the Schengen Secretariat for distribution to all
delegations in the Sub-Group on Frontiers.

The Presidency in office shall draw up a summary report to be submitted to Working Group I on
Police and Security every half calendar year concerning the activities conducted during that six-month
period, including an analysis.

The Presidency shall also devise proposals for further procedure, including the planning of further
improvements and submit them for approval to the
advisory measures and technical or tactical
Sub-Group on Frontiers.

312

EN

Official Journal of the European Communities

22.9.2000

SCH/I-front (98) 184 rev 3

COORDINATED DEPLOYMENT OF DOCUMENT ADVISERS FOR AIR AND MARITIME TRAFFIC AND AT
CONSULAR REPRESENTATIONS

Choice of locations currently considered suitable in principle for document adviser assignments and
designation of current target locations and regions

I. Choice of locations currently considered suitable for document adviser assignments

On the basis of an evaluation of the current situation, consular representations and/or overseas offices
of airlines and shipping companies at the following locations are considered suitable in principle for
document adviser assignments (the list will be updated where the need arises):

(cid:151) Abidjan (C(cid:244)te d’Ivoire)

Airlines
Representations: France, Portugal

(cid:151) Abu Dhabi (United Arab Emirates)

Important transit airport for flights to Europe, so advice and training should be particularly for the
benefit of the airlines

(cid:151) Accra (Ghana)
Airlines

(cid:151) Ankara (Turkey)

Airlines

(cid:151) Bamako (Mali)
Airlines
Representations: France

(cid:151) Bangkok (Thailand)

Airlines

(cid:151) Bissau (Guinea Bissau)

Airlines
Representations: Portugal

(cid:151) Brazzaville (Congo)

Airlines
Representations: France

(cid:151) Casablanca (Morocco)

Airlines
Representations: Spain

(cid:151) Colombo (Sri Lanka)

Airlines
Representations: France

22.9.2000

EN

Official Journal of the European Communities

313

(cid:151) Dacca (Bangladesh)

Airlines
Representations: France

(cid:151) Dakar (Senegal)

Airlines
Representations: France, Portugal, Spain

(cid:151) Douala (Cameroon)

Airlines
Representations: France

(cid:151) Dubai (United Arab Emirates)

Important transit airport for flights to Europe, which means that advice and training should be of
particular benefit to airlines

(cid:151) Haiti

Airlines
Representations: France

(cid:151) Ho Chi Minh City (Vietnam)

Airlines
Representations: France

(cid:151) Hong Kong
Airlines
Representations: France

(cid:151) Islamabad (Pakistan)

Airlines
Representations: Spain

(cid:151) Istanbul (Turkey)

Airlines
Representations: Spain

(cid:151) Karachi (Pakistan)

Airlines
Representations: Germany (intensive advice and training desirable).

(cid:151) Kiev (Ukraine)

Representations: Portugal

(cid:151) Kuwait

Airlines

(cid:151) Lagos (Nigeria)

Airlines
Representations: Germany, France, Spain.

314

EN

Official Journal of the European Communities

22.9.2000

(cid:151) Lima (Peru)
Airlines
Representations: Spain

(cid:151) Luanda (Angola)

Airlines
Representations: Portugal

(cid:151) Macao

Airlines
Representations: Portugal

(cid:151) Malabo (Equatorial Guinea)

Airlines
Representations: Spain

(cid:151) Maputo (Mozambique)

Airlines
Representations: Portugal

(cid:151) Moscow (Russia)

Airlines

(cid:151) Nador (Morocco)

Representations: Spain

(cid:151) Nairobi (Kenya)

Airlines
Representations: Germany, France

(cid:151) Peking (China)
Airlines
Representations: France, Spain

(cid:151) Praia (Cape Verde)

Airlines
Representations: Portugal

(cid:151) Rabat (Morocco)

Airlines
Representations: Spain

(cid:151) Rio de Janeiro (Brazil)

Airlines
Representations: Portugal

(cid:151) S. TomØ (S. TomØ e Principe)

Airlines
Representations: Portugal

22.9.2000

EN

Official Journal of the European Communities

315

(cid:151) Sal (Cape Verde)

Airlines
Representations: Portugal

(cid:151) Sanaa (Yemen)

Airlines

(cid:151) Santo Domingo (Dominican Republic)

Airlines
Representations: Spain

(cid:151) Shanghai (China)

Airlines
Representations: France

(cid:151) Skopje (Former Yugoslav Republic of Macedonia)

Airlines

(cid:151) Tangiers (Morocco)

Airlines
Shipping companies
Representations: Spain

(cid:151) Tetuan (Morocco)

Representations: Spain

(cid:151) Tirana (Albania)

Airlines

(cid:151) Tunis (Tunisia)

Airlines

(cid:151) Yaounde (Cameroon)

Airlines
Representations: France

II. Designation of current key places and regions

Of the locations selected in section I above, the deployment of document advisers, which will be
based on a current assessment of the situation,
is seen as a particular priority at the following
locations. This list is not final. The list will be updated as needed.

(cid:151) Abidjan

(cid:151) Abu Dhabi

(cid:151) Accra

(cid:151) Bamako

(cid:151) Brazzaville

316

EN

Official Journal of the European Communities

22.9.2000

(cid:151) Casablanca

(cid:151) Dakar

(cid:151) Dubai

(cid:151) Istanbul

(cid:151) Lagos

(cid:151) Moscow

(cid:151) Tirana

(cid:151) Tunis

Coordinated deployment of document advisers at the above locations immediately should be the aim.

In addition, document advisers should be seconded to the following locations (in the order set out
below) as soon as possible:

(cid:151) Bangkok

(cid:151) Ankara

(cid:151) Karachi

(cid:151) Nairobi

(cid:151) Sanaa

(cid:151) Skopje

22.9.2000

EN

Official Journal of the European Communities

317

DECISION OF THE EXECUTIVE COMMITTEE

of 28 April 1999

on the definitive versions of the Common Manual and the Common Consular Instructions

(SCH/Com-ex (99) 13)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard also, on one hand, to Articles 3, 5, 6, 7, 8, 11, 12 17, 18 and 25 of the abovementioned
Convention, and to Articles 9 and 17 thereof, on the other hand,

Whereas it is in the interest of all the Schengen States to apply uniform rules to the issue of visas in the
context of their common policy on the movement of persons, with a view to preventing possible negative
consequences as regards entry into Schengen territory and internal security,

Moved by the desire to build on hitherto positive experiences with the Common Consular Instructions
and to harmonise further the visa-issue procedure,

Guided by the principle of solidarity between the Schengen States,

HAS DECIDED AS FOLLOWS:

I.

1. The revised version of the Common Consular Instructions (Appendix 1 (*)) and the Annexes

thereto, and

2. The revised version of the Common Manual (Appendix 2 (**)) and the Annexes thereto

are hereby adopted.

The following amendments have been taken into account in drawing up these versions: the
amendments to Annexes 1, 2, 3, 5, 7, 10, 12 and 15 to the Common Consular Instructions and
the corresponding Annexes 5, 5A, 14B, 10, 6B, 6C and 14A to the Common Manual.

II.

The documents relating to previous versions of the Common Consular Instructions, Common Manual
and the Annexes thereto and listed in Appendix 3 shall be repealed once the revised versions are
adopted.

III. The document relating to representation in connection with the issue of visas is attached for the

purposes of information in Appendix 4 (***).

IV. This Decision shall enter into force on the day on which it is adopted.

Luxembourg, 28 April 1999.

The Chairman

C. H. SCHAPPER

(*) Annexes 5, 9 and 10 are confidential. See SCH/Com-ex (98) 17.
(**) Confidential document. See SCH/Com-ex (98) 17.
(***) Document SCH/II (95) 16, rev 19: not published.

318

EN

Official Journal of the European Communities

22.9.2000

COMMON CONSULAR INSTRUCTIONS FOR THE DIPLOMATIC MISSIONS AND CONSULAR POSTS

Appendix 1

CONTENTS

I.

General provisions

1.

Scope

2. Definition and types of visa

2.1. Uniform visas

2.1.1. Airport transit visas

2.1.2.

Transit visas

2.1.3.

Short-stay or travel visas: multiple entry visas

2.1.4. Group visas

2.2.

Long-stay visas

2.3. Visas with limited territorial validity

2.4. Visas issued at the border

II.

Diplomatic mission or consular post responsible

1. Determining the State responsible

1.1.

State responsible for deciding on an application

1.2.

State representing the State responsible

2.

Visa applications requiring consultation with the national central authority or the authority of one or more
other Contracting Parties, in accordance with Article 17(2)

2.1. Consultation with the national central authority

2.2. Consultation with the central authority of one or more Contracting Parties

2.3. Consultation procedure in the framework of representation

3.

Visa applications lodged by non-residents

4. Authorisation to issue uniform visas

III.

Initiation of the application procedure

1.

Visa application forms (cid:151) number of application forms

2. Documents to be enclosed

3. Guarantees of means of return and means of subsistence

4.

Personal interviews with applicants

IV.

Legal basis

22.9.2000

EN

Official Journal of the European Communities

319

V.

Examination of applications and decisions taken

Basic criteria for examining applications

1.

Examination of visa applications

1.1. Verification of the visa application

1.2. Verification of the applicant’s identity

1.3. Verification of the travel document

1.4. Verification of other documents depending on the application

(cid:151) Supporting documents regarding the purpose of the journey

(cid:151) Supporting documents regarding means of transport and return

(cid:151) Supporting documents regarding means of subsistence

(cid:151) Supporting documents regarding accommodation

(cid:151) Other documents where necessary

1.5. Assessment of the applicant’s good faith

2. Decision-making procedure for visa applications

2.1. Choice of type of visa and number of entries

2.2. The administrative responsibility of the intervening authority

2.3.

Procedure to be followed in cases requiring prior consultation with the central authorities of the
other Contracting Parties

(a) Procedure

(b) Sending applications to the national central authority

(c)

Information sent to the central authority

(d) Sending applications between central authorities

(e) Reply time: Extension

(f) Decision based on the outcome of the consultation

(g) Transmission of specific documents

2.4. Refusal to examine an application, to issue a visa

3.

Visas with limited territorial validity

VI.

How to fill in visa-stickers

1.

Common entries section (SECTION 8)

1.1.

(cid:145)VALID FOR(cid:146) heading

1.2.

(cid:145)FROM (cid:133) TO(cid:146) heading

1.3.

(cid:145)NUMBER OF ENTRIES(cid:146) heading

1.4.

(cid:145)DURATION OF VISIT (cid:133) DAYS(cid:146) heading

1.5.

(cid:145)ISSUED IN (cid:133) ON (cid:133) (cid:146) heading

1.6.

(cid:145)PASSPORT NUMBER(cid:146) heading

1.7.

(cid:145)TYPE OF VISA(cid:146) heading

320

EN

Official Journal of the European Communities

22.9.2000

2. National entries section (comments) (Section 9)

3.

4.

Section on the stamp of the mission or post issuing the visa (Section 4)

Section to be electronically scanned (Section 5)

5. Other aspects relating to the issue of visas

5.1.

Signing visas

5.2.

Invalidating completed visa-stickers

5.3. Affixing visa-stickers to passports

5.4.

Passports and travel documents to which uniform visas may be affixed

VII.

Administrative management and organisation

1. Organisation of visa sections

2.

3.

4.

Filing

Visa registers

Fees to be charged for the issue of visas

VIII.

Consular cooperation at a local level

1. Outline of consular cooperation at a local level

2. How to avoid multiple applications or applications which are lodged after a recent refusal to issue

3. Assessment of the applicant’s good faith

4.

Exchange of statistics

22.9.2000

EN

Official Journal of the European Communities

321

ANNEXES TO THE COMMON CONSULAR INSTRUCTIONS ON VISAS

1. (cid:151) Joint list of States whose citizens are required to have a visa by all the Schengen States

(cid:151) Updated list of States whose citizens are exempt from the visa requirement by all the Schengen States

(cid:151) Updated list of States whose citizens are required to have a visa by some Schengen States only

2.

3.

4.

5.

6.

7.

8.

9.

Regulations governing the movement of holders of diplomatic, official and service passports and holders of
laissez-passers which certain international intergovernmental organisations issue to their officials.

List of States whose citizens are subject to an airport transit visa requirement, where holders of travel documents
issued by these States are also subject to this visa requirement.

List of documents entitling entry without a visa.

List of visa applications requiring prior consultation with the central authorities, in accordance with Article 17 (2).

List of honorary consuls authorised, in exceptional cases and on a temporary basis, to issue uniform visas.

Reference amounts for the crossing of borders fixed annually by the national authorities.

Uniform format for visa-stickers and information on their technical specifications and security features.

Entries which the Contracting Parties shall write, where necessary, in the (cid:145)comments(cid:146) section.

10.

Instructions on writing entries in the section to be electronically scanned.

11.

Criteria for travel documents to which a visa may be affixed.

12.

Fees, in euro, to be charged when issuing uniform visas.

13.

Guidelines on how to fill in visa-stickers.

14.

Requirements governing information for the Contracting Parties when issuing visas with limited territorial
validity, or when invalidating, repealing or reducing the validity of uniform visas and when issuing national
residence permits

15. Model harmonised forms providing proof of invitation, sponsorship and accommodation drawn up by the

Contracting Parties.

322

EN

Official Journal of the European Communities

22.9.2000

COMMON INSTRUCTIONS

for the diplomatic missions and consular posts of the Contracting Parties to the Schengen
Convention

CONDITIONS GOVERNING THE ISSUE OF UNIFORM VISAS, VALID FOR THE TERRITORY OF ALL THE
CONTRACTING PARTIES

I. GENERAL PROVISIONS

1.

Scope

The following common provisions which are based on the provisions of Chapter 3 (sections 1 and
2) of
the Convention Implementing the Schengen Agreement of 14 June 1985 between the
Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and
the French Republic on the gradual abolition of checks at their common borders (hereinafter
referred to as (cid:145)the Convention(cid:146)) signed in Schengen on 19 June 1990, and which Italy, Spain,
Portugal, Greece and Austria have since acceded to, apply to the examination of visa applications for
a visit not exceeding three months,
the
Contracting Parties (*).

including transit visas, valid for the territory of all

Visas for visits exceeding three months shall be national visas, and shall only entitle the holder to
reside in that national territory. Nevertheless, such visas shall enable their holders to transit through
the territories of the other Contracting Parties in order to reach the territory of the Contracting Party
which issued the visa, unless they fail to fulfil the entry conditions referred to in Article 5(1)(a), (d)
and (e) or they are on the national list of alerts of the Contracting Party through whose territory
they seek to transit.

2. Definition and types of visa

2.1. Uniform visas

Uniform visas are the authorisation or decision granted in the form of a sticker affixed by a
Contracting Party to a passport, travel document or other document which entitles the holder to
cross the border. It enables aliens, subject to the visa requirement, to present themselves at the
external border of the Contracting Party which issued the visa or that of another Contracting Party
and request, depending on the type of visa, transit or residence, provided that the other transit or
entry conditions have been met. Mere possession of a uniform visa does not entitle automatic right
of entry.

2.1.1. Airport transit visas

to pass through the
This visa entitles aliens who are required to have such a visa,
international transit area of airports, without actually entering the national territory of the
country concerned, during a stop-over or transfer between two sections of an international
flight. The requirement to have this visa is an exception to the general right to transit
without a visa through the abovementioned international transit area.

Nationals from the countries listed in Annex 3 and persons who are not necessarily nationals
of those countries but who possess travel documents issued by their authorities, are required
to possess this type of visa.

Exemptions from the airport transit visa requirement are laid down in Section III of Annex 3.

(*) Pursuant to Article 138 of the Convention, these provisions shall only apply to the European territory of the French

Republic and the Kingdom of the Netherlands.

22.9.2000

EN

Official Journal of the European Communities

323

2.1.2. Transit visas

This visa entitles aliens who are travelling from one Third State to another Third State to
pass through the territories of the Contracting Parties.

This visa authorises its holder to pass through once, twice or exceptionally several times,
provided that no transit shall exceed five days.

2.1.3. Short-stay or travel visas: multiple entry visas

This visa entitles aliens who seek to enter the territories of the Contracting Parties, for
reasons other than to immigrate, to carry out a continuous visit or several visits whose
duration does not exceed three months in any half-year from the date of first entry. As a
general rule, this visa may be issued for one or several entries.

In the case of certain aliens who frequently need to travel to one or several Schengen States,
for example on business, short-stay visas may be issued for several visits, provided that the
total length of these visits does not exceed three months in any half-year. This multiple entry
visa may be valid for one year, and in exceptional cases, for more than a year for certain
categories of persons. (see V 2, 2.1)

2.1.4. Group visas

This is a transit visa or a visa limited to a maximum of thirty days, which may be affixed to
a group passport (cid:151) save where national law provides otherwise (cid:151) issued to a group of
aliens formed prior to the decision to travel, provided that the members of the group enter
the territory, stay there and leave the territory as a group.

Group visas may be issued to groups of between 5 and 50 people. The person in charge of
the group shall possess an individual passport and, where necessary, an individual visa.

2.2. Long-stay visas

Visas for visits exceeding three months shall be national visas issued by one of the Contracting
Parties in accordance with its national law.

Nevertheless, such visas shall act as uniform transit visas enabling their holders to travel to the
territory of the Contracting Party which issued the visa, provided that the total length of transit does
not exceed five days from the date of first entry, and provided that they fulfil the entry conditions
and that they are not on the national list of alerts of the Contracting Party or Parties through whose
territory they seek to transit (see Annex 4).

2.3. Visas with limited territorial validity

This visa is affixed in exceptional cases to a passport, travel document or other document which
entitles the holder to cross the border, where the visit is authorised only in the national territory of
one or more Contracting Parties, provided that both entry and exit are through the territory of this
or these Contracting Parties (see V 3).

2.4 Visas issued at the border (*)

(*) In exceptional cases, short-stay or transit visas may be issued at the border, pursuant to the conditions defined in

part II, point 5 of the Common Manual on External Borders.

324

EN

Official Journal of the European Communities

22.9.2000

II. DIPLOMATIC MISSION OR CONSULAR POST RESPONSIBLE

Aliens who are subject to the visa requirement (see Annex 1), and who seek to enter the territory of a
Contracting Party, are obliged to apply to the visa section in the diplomatic mission or consular post
responsible.

1. Determining the State responsible

1.1. State responsible for deciding on an application

The following are responsible for examining applications for short-term or transit uniform visas:

(a) (cid:151) The Contracting Party in whose territory the sole or main destination of the visit is found.
Under no circumstances shall a transit Contracting Party be considered as the country of
main destination.

The diplomatic mission or consular post with whom the application is lodged shall decide,
on a case by case basis, which is the Contracting Party of main destination, bearing in mind,
in its assessment, all the facts and in particular the purpose behind the visit, the route and
length of visit or visits. When looking at these facts, the mission or post shall mainly focus
on the supporting documents submitted by the applicant.

(cid:151) It shall specifically focus on the main reason for or the purpose of the visit when one or

more destinations are the direct result or complement of another destination.

(cid:151) It shall specifically focus on the longest visit when no destination is the direct result or
complement of another destination; where the visits are of equal length, the first destination
shall be the determining factor.

(b) (cid:151) The Contracting Party of first entry, when the Contracting Party of main destination cannot

be determined.

Contracting Party of first entry shall be the State whose external border the applicant crosses
in order to enter the Schengen area after having had his/her documents checked.

(cid:151) When the Contracting Party of first entry does not require a visa, it is not obliged to issue a
visa and unless it issues the visa voluntarily, subject to the consent of the person concerned
the responsibility is transferred to the first Contracting Party of destination or of transit
which requires a visa.

(cid:151) The examination of applications and the issue of visas with limited territorial validity (limited
to the territory of one Contracting Party or to the territory of the Benelux States) shall be the
responsibility of the Contracting Party or Parties concerned.

1.2. State representing the State responsible

(a)

If the State responsible has no diplomatic mission or consular post in a given State, the uniform
visa may be issued by the mission or post of the Contracting Party which represents the interests
of the State responsible. The visa is issued on behalf of the Contracting Party that is being
represented, subject to its prior authorisation, and where necessary, consultation between the

22.9.2000

EN

Official Journal of the European Communities

325

central authorities. If one of the Benelux States has a mission or post, it shall automatically
represent the other Benelux States.

(b) If the State responsible has a diplomatic mission or consular post in the capital city of a country,
but not in the area where the application is lodged, and if one or more of the other Contracting
Parties does have a mission or post, the visa may, in exceptional cases and only in countries
which are geographically very large, be issued by another Contracting Party representing the
State responsible, provided that there is a specific agreement on representation between the two
Contracting Parties concerned and such action is in accordance with the terms of the said
agreement.

(c)

In accordance with the provisions contained in (a) and (b), it shall in any event be for the visa
applicant to decide whether to contact either the diplomatic mission or the consular post which
is representing the State responsible or that of the State responsible.

(d) The Sub-Group on Visas shall draw up an overview of the agreed representation arrangements

which it shall update regularly.

(e) The procedure for issuing Schengen visas with reference to Article 30(1)(a) of the Convention
implementing the Schengen Agreement in third States in which not all Schengen States are
represented shall be based on the following principles:

(cid:151) The rules on representation shall apply to the processing of applications for uniform airport
transit visas, transit visas and short-stay visas issued pursuant to the Schengen Convention
and in accordance with the Common Consular Instructions. The representing State is obliged
to apply the provisions of the Common Consular Instructions with the same diligence and
speed as it issues its own visas of the same category and with the same period of validity.

(cid:151) Except as expressly provided in bilateral agreements, the rules on representation shall not
apply to visas issued for the purpose of paid employment or an activity which requires prior
permission from the State in which it is to be carried out. The applicant must contact the
accredited consular post of the State where the activity is to be performed.

(cid:151) The Schengen States shall not be obliged to ensure that they are represented for visa
purposes in every third State. They may decide that in certain third States visa applications
or applications for a particular kind of visa must be made at a permanent consular post or
diplomatic mission of the State that is the main destination.

(cid:151) The diplomatic missions and consular posts shall have sole responsibility for assessing the

risk of illegal immigration posed by a visa application.

(cid:151) The represented State shall assume responsibility for asylum applications made by holders of
visas which the visa stamp expressly shows to have been issued by representing States on
behalf of represented States.

(cid:151) In exceptional cases, bilateral agreements may stipulate that visa applications from certain
categories of alien are either to be submitted by the representing State to the authorities of
the represented State in which the main destination is located or forwarded to a permanent
consular representation of that State. The categories in question must be laid down in
writing (if necessary for each diplomatic mission or consular post). It shall be assumed that
the visa has been issued on the authorisation of the represented State pursuant to Article
30(1)(a) of the Schengen Convention.

326

EN

Official Journal of the European Communities

22.9.2000

(cid:151) Bilateral agreements may be amended in the course of time on the basis of decisions made
by individual States concerning asylum applications lodged within a set period of time by
holders of visas issued in the framework of representation and other information relevant to
the issue of visas. Agreement may also be reached on waiving the rules on representation in
the case of certain diplomatic missions and consular posts.

(cid:151) Representation shall apply solely in the context of issuing visas. Aliens who are unable to
apply for a visa because they cannot furnish sufficient proof that they fulfil the relevant
conditions must be informed that they can apply for a visa at a permanent consular post or
diplomatic mission of the Schengen State of main destination.

(cid:151) The rules on representation may be refined as a result of further developments in software
enabling consular posts and diplomatic missions undertaking representation to consult the
central authorities of the represented State without substantial additional effort.

(cid:151) The list containing rules on representation with regard to the issue of Schengen visa in third
States in which not all Schengen States are represented is attached to this document.
Amendments made to the list by common agreement between the Schengen States
concerned shall be submitted to the Central Group for acknowledgement.

2.

Visa applications requiring consultation with the national central authority or the authority
of one or more other Contracting Parties, in accordance with Article 17(2)

2.1. Consultation with the national central authority

The diplomatic mission or consular post which examines the application, shall seek authorisation
from its central authority, consult it or inform it of the decision it plans to take in a case,
in
law and practice. Cases
accordance with the arrangements and deadlines laid down by national
requiring national consultation are listed in Annex 5A.

2.2. Consultation with the central authority of one or more Contracting Parties

The diplomatic mission or the consular post with whom an application is lodged shall seek
authorisation from its central authority, which, for its part, shall send the application on to the
competent central authorities of one or more other Contracting Parties (see part V, 2, 2.3). Until the
final list of cases of mutual consultation has been approved by the Executive Committee, the list
annexed to these Common Consular Instructions shall apply (see Annex 5B).

2.3. Consultation procedure in the framework of representation

(a) When visa applications are lodged by nationals of the countries listed in Annex 5C at an
embassy or consular representation of a Schengen State, representing another Schengen State,
the represented State shall be consulted.

(b) The information exchanged in respect of these visa applications shall be the same as that
currently exchanged in the framework of the consultation under Annex 5B. A compulsory
heading shall, however, be provided on the form for the references to the territory of the
represented State.

(c) The current provisions of the Common Consular Instructions shall apply to the time limits, their

extension and the form of the reply.

(d) The consultation provided for in Annex 5B shall be undertaken by the represented State.

22.9.2000

EN

Official Journal of the European Communities

327

3.

Visa applications lodged by non-residents

When an application is lodged with a State which is not the applicant’s State of residence and there
is doubt over the person’s intentions (in particular where a risk of illegal immigration has been
observed), the visa shall only be issued after consultation with the diplomatic mission or consular
post of the applicant’s State of residence and/or its central authority.

4.

Authorisation to issue uniform visas

Only the diplomatic mission or consular posts of the Contracting Parties shall be entitled to issue
uniform visas, with the exception of the cases listed in Annex 6.

III. INITIATION OF THE APPLICATION PROCEDURE

1.

Visa application forms (cid:151) number of application forms

Aliens shall also be required to fill in the uniform visa form.

least one copy of

At
consultation with the central authorities. The Contracting Parties may,
administrative procedures so require, request several copies of the application.

the application form must be filled in so that

it may be used during
insofar as national

2. Documents to be enclosed

Aliens shall enclose the following documents with the application:

(a) a valid travel document on which a visa may be affixed (see Annex 11);

(b) where necessary, documents supporting the purpose and the conditions of the planned visit.

If the information supplied is sufficient to enable the diplomatic mission or consular post to
ascertain that the applicant is acting in good faith, the staff responsible for issuing the visas may
exempt the applicant from submitting the abovementioned supporting documents.

3.

Guarantees of means of return and means of subsistence

Aliens shall be able to offer the diplomatic mission or consular post with whom they lodge their
application, a guarantee that they have adequate means for their subsistence and their return.

4.

Personal interviews with applicants

As a general rule, the applicant shall be called on to appear in person in order to verbally justify the
grounds for the application, especially where there are doubts over the actual purpose behind the
visit or that person’s return to the country of departure.

328

EN

Official Journal of the European Communities

22.9.2000

This requirement may be waived in cases where the applicant is well-known or where the distance
from the diplomatic mission or consular post is too great, provided that there is no doubt as to the
good faith of the applicant and where in the case of large groups, a reputable and trustworthy body
is able to vouch for the good faith of those persons concerned.

IV. LEGAL BASIS

Uniform visas may only be issued once the entry conditions laid down in Articles 15 and 5 of the
Convention have been met. These Articles read as follows:

Article 15

In principle, the visa referred to in Article 10 may be issued only if an alien fulfils the entry conditions laid
down in Article 5(1)(a), (c), (d) and (e).

Article 5

For visits not exceeding three months, aliens fulfilling the following conditions may be granted entry into

1.
the territories of the Contracting Parties:

(a)

the possession of a valid document or documents, as defined by the Executive Committee, authorizing them
to cross the border;

(b)

the possession of a valid visa if required;

(c)

if applicable, the aliens shall produce documents substantiating the purpose and the conditions of the
planned visit and shall have adequate means of support, both for the period of the planned visit and the
return to their country of origin or transit to a Third State, where their admission is guaranteed, or shall
be in a position to acquire such means legally;

(d)

the aliens shall not be persons for whom an alert has been issued for the purposes of refusing entry:

(e)

the aliens shall not be considered to be a threat to public policy, national security or the international
relations of any of the Contracting Parties.

Entry into the territories of the Contracting Parties must be refused to any alien who does not fulfil all the
2.
it necessary to derogate from that principle for
above conditions unless a Contracting Party considers
humanitarian reasons, on grounds of national
interest or because of international obligations. In such cases
authorisation to enter will be restricted to the territory of the Contracting Party concerned, which must inform
the other Contracting Parties accordingly.

These rules shall not preclude the application of special provisions concerning the right
provisions laid down in Article 18.

to asylum or the

Visas with limited territorial validity may be issued subject to the conditions laid down in Articles 11(2),
14(1) and 16 in connection with Article 5(2) (see V, 3).

Article 11(2)

Paragraph 1 shall not preclude a Contracting Party from issuing a new visa, the validity of which is

2.
limited to its own territory, within the half-year in question if necessary.

22.9.2000

EN

Official Journal of the European Communities

329

Article 14(1)

1.
No visa may be affixed to a travel document if the travel document is not valid for any of the Contracting
Parties. If a travel document is only valid for one Contracting Party or for a number of Contracting Parties the
visa to be affixed shall be limited to the Contracting Party or Parties in question.

Article 16

If a Contracting Party considers it necessary to derogate, on one of the grounds listed in Article 5(2) from the
principle laid down in Article 15, by issuing a visa to an alien who does not fulfil all the entry conditions
referred to in Article 5(1), the validity of this visa shall be restricted to the territory of that Contracting Party,
which must inform the other Contracting Parties accordingly.

V. EXAMINATION OF APPLICATIONS AND DECISIONS TAKEN

The diplomatic mission or consular post shall first check the documents submitted (1) and shall then base
its decision regarding the visa application on these documents (2):

Basic criteria for examining applications

the
The main issues to be borne in mind when examining visa applications are:
Contracting Parties and the fight against
immigration as well as other aspects relating to
international relations. Depending on the country concerned, one of these may take precedence over the
other, but at no stage should any of them be forgotten about.

the security of

illegal

As far as security is concerned, it is advisable to check that the necessary controls have been carried out: a
search of the files containing alerts (alerts for the purposes of refusing entry) in the Schengen Information
System, consultation with the central authorities of the countries subject to this procedure.

The diplomatic mission or consular post shall assume full responsibility in assessing whether there is an
immigration risk. The purpose of examining applications is to detect those applicants who are seeking to
immigrate to the territory of the Contracting Parties and set themselves up there, using grounds such as
tourism, studies, business or family visits as a pretext. Therefore, it is necessary to be particularly vigilant
when dealing with (cid:145)risk categories(cid:146),
in other words unemployed persons, and those with no regular
income etc. If there is any doubt over the authenticity of the papers and supporting documents submitted,
the diplomatic mission or consular post shall refrain from issuing the visa.

On the contrary, checks shall be reduced where the applicant is known to be a bona fide person, this
information having been exchanged through consular cooperation.

1.

Examination of visa applications

1.1. Verification of the visa application

(cid:151) the length of visit requested shall correspond with the purpose of the visit

(cid:151) the replies to the questions on the form shall be complete and coherent. The form shall include
indicate, as far as possible, the main

an identity photograph of the visa applicant and shall
destination of the visit.

330

EN

Official Journal of the European Communities

22.9.2000

1.2. Verification of the applicant’s identity and verification as to whether an alert has been issued on the
applicant in the Schengen Information System (SIS) for the purposes of refusing entry or verification
as to whether they pose any other threat (to security) which would constitute grounds for refusal to
issue the visa or whether, from an immigration point of view, the applicant poses a risk in that on a
previous visit he/she overstayed the authorised length of visit.

1.3. Verification of the travel document

(cid:151) Verification as to whether the document is in order or not: it should be complete and should be

neither amended, falsified or counterfeited.

(cid:151) Verification of the territorial validity of the travel document: it should be valid for entry into the

territory of the Contracting Parties.

(cid:151) Verification of the period of validity of the travel document: the period of validity of the travel
document should exceed that of the visa by three months (Article 13(2) of the Convention).

(cid:151) Nevertheless, for urgent humanitarian reasons, on grounds of national interest or because of
international obligations,
to affix visas to travel
documents whose period of validity is less than that specified in the previous paragraph (three
months), provided that the period of validity exceeds that of the visa and that the guarantee of
return is not in jeopardy.

in exceptional cases,

it shall be possible,

(cid:151) Verification of the length of previous visits to the territory of the Contracting Parties.

1.4. Verification of other documents depending on the application

The number and type of supporting documents required depend on the possible risk of illegal
immigration and the local situation (for example whether the currency is convertible) and may vary
from one country to another. As concerns assessment of the supporting documents, the diplomatic
missions or consular posts of the Contracting Parties may agree on practical arrangements adapted
to suit local circumstances.

The supporting documents shall cover the purpose of the journey, means of transport and return,
means of subsistence and accommodation:

(cid:151) supporting documents regarding the purpose of the journey shall mean for example:

(cid:151) a letter of invitation;

(cid:151) a summons;

(cid:151) an organized trip.

(cid:151) supporting documents regarding means of transport and return shall mean for example:

(cid:151) a return ticket;

(cid:151) currency for petrol or car insurance.

(cid:151) supporting documents regarding means of subsistence:

The following may be accepted as proof of means of subsistence:
liquid cash in convertible
currency, travellers cheques, cheque books for a foreign currency account, credit cards or any
other means that guarantees funds in hard currency.

22.9.2000

EN

Official Journal of the European Communities

331

The level of means of subsistence shall be proportionate to the length of visit and purpose of the
visit, and also the cost of living of the Schengen State or States to be visited. To this end,
reference amounts shall be fixed each year for the crossing of borders by the national authorities
of the Contracting Parties (see Annex 7) (*).

(cid:151) supporting documents regarding accommodation:

The following documents, inter alia, may be accepted as proof of accommodation:

(a) hotel reservation or reservation for a similar establishment;

(b) documents proving the existence of a lease or a property title,

in the applicant’s name,

proving ownership of a property situated in the country to be visited;

(c) Where an alien states that he/she shall stay at a person’s home or in an institution, the
diplomatic missions and consular posts shall verify whether the alien will actually be
accommodated there:

(cid:151) either by checking with the national authorities, where such checks are necessary;

(cid:151) or by requiring that a certificate be presented which vouches for the undertaking to
accommodate, in the form of a harmonised form filled in by the host and stamped by
the competent authority of the Contracting Party, according to the provisions laid down
in its national law. A model of the form may be adopted by the Executive Committee;

(cid:151) or by requiring that a certificate or an official or public document be presented which
vouches for the undertaking to accommodate, worded and checked in accordance with
the internal law of the Contracting Party concerned.

The presentation of documents relating to the commitment to accommodate referred to in the
previous two indents is not a new condition for the issuing of visas. These documents have a
practical purpose, aimed at proving that accommodation is available and, where appropriate, the
existence of means of subsistence. If a Contracting Party uses this type of document, then it
should in any case, specify the identity of the host and of the guest or guests, the address of the
accommodation, the length and purpose of the visit, any possible family ties, and indicate
whether the host is residing lawfully in the country.

After having issued the visa, the diplomatic mission or consular post shall affix its stamp and
write the visa number on the document in order to avoid it being reused.

These checks are aimed at avoiding any false/fraudulent invitations or invitations from illegal or
possibly illegal aliens.

Before applying for a uniform visa, applicants may be exempted from the requirement to
provide supporting documents regarding accommodation if they are able to prove that they
have sufficient financial means to cover their subsistence and accommodation costs in the
Schengen State or States that they plan to visit.

(*) These reference amounts shall be fixed according to the arrangements laid down in part I of the Common Manual

on External Borders.

332

EN

Official Journal of the European Communities

22.9.2000

(cid:151) Other documents where necessary

Depending on the case in question, other documents may be required, for example:

(cid:151) proof of place of residence and proof of ties with the country of residence;

(cid:151) parental authorisation in the case of minors;

(cid:151) proof of the social and professional status of the applicant.

Where the national
invitations from private
individuals or for business trips, sponsorship declarations or proof of accommodation, a
harmonised form shall be used.

the Schengen States require proof of

laws of

1.5. Assessment of the applicant’s good faith

In order to assess the applicant’s good faith, the mission or post shall check whether the applicant is
recognised as a person of good faith within the framework of local consular cooperation.

Furthermore, they shall consult the information exchanged, as referred to in Chapter VIII, 3., of
these Instructions.

2. Decision-making procedure for visa applications

2.1. Choice of type of visa and number of entries

A uniform visa pursuant to Article 11 may be:

(cid:151) a travel visa valid for one or more entries, provided that neither the length of a continuous visit
nor the total length of successive visits exceeds three months in any half-year, from the date of
first entry;

(cid:151) a visa valid for one year, entitling a three month visit during any half-year and several entries;
this visa may be issued to persons offering the necessary guarantees and persons whom the
Contracting Parties have shown a particular interest in. In exceptional cases, a visa valid for
more than one year, but for a maximum of five years, may be issued to certain categories of
persons for several entries;

(cid:151) a transit visa authorising its holder to pass through the territories of the Contracting Parties
once, twice or exceptionally several times en route to the territory of a Third State, provided that
no transit shall exceed five days and provided that the entry of the alien into the territory of the
destination Third State is guaranteed and that the route being followed normally requires transit
through the territories of the Contracting Parties.

2.2. The administrative responsibility of the intervening authority

The diplomatic representative or the head of the consular section shall assume, in accordance with
their national powers, full responsibility with regard to the practical arrangements for the issuing of
visas by their missions or posts and shall consult each other on this matter.

The diplomatic mission or consular post shall take its decision on the basis of all the information
available to it and bearing in mind the specific situation of each applicant.

22.9.2000

EN

Official Journal of the European Communities

333

2.3. Procedure to be followed in cases of prior consultation with the central authorities of the other Contracting

Parties

The Contracting Parties have decided to set up a system for the purpose of carrying out consultation
with the central authorities.

The following measures may be applied temporarily should the consultation technical system break
down and in accordance with the situation:

(cid:151) limit the number of cases of consultation to those where consultation is deemed essential;

(cid:151) use the local network of embassies and consulates of the Contracting Parties concerned in order

to channel consultation;

(cid:151) use the network of embassies of the Contracting Parties located (a) in the country carrying out

the consultation, (b) in the country which is to be consulted;

(cid:151) use of conventional means of communication between contact points: fax, telephone, etc.;

(cid:151) be more vigilant for the benefit of the common interest.

In cases where the applicants come under the categories listed in Annex 5B subject to consultation
with a central authority (cid:151) of the Ministry of Foreign Affairs or of another body (cid:151) (Article 17(2) of
the Convention), visas shall be issued according to the procedure outlined below.

The diplomatic mission or consular post with whom an application is lodged by a person from one
of these categories shall,
in the first instance, check, by carrying out a search in the Schengen
Information System, whether an alert has been issued on the applicant for the purposes of refusing
entry.

It shall then follow the procedure outlined below:

(a) Procedure

The procedure under (b) shall not apply when the visa applicant has been issued an alert in the
Schengen Information System for the purposes of refusing entry.

(b) Sending applications to the national central authority

The diplomatic mission or consular post with whom an application is lodged by a person from
one of the categories subject to consultation shall send this application immediately to the
central authority in its country.

(cid:151) If the central authority decides to refuse an application for which the Contracting Party
applied to is responsible, it is not necessary to begin or to continue a consultation procedure
with the central authorities of the Contracting Parties which requested to be consulted.

(cid:151) In the case of an application examined by the representative of the State responsible, the
central authority of the Contracting Party with whom the application is lodged shall send it
to the central authority of the State responsible. If the central authority of the State being
represented or, the central authority of the representing State, where so provided in the
representation agreement decides to reject the visa application, it is not necessary to begin or
to continue a consultation procedure with the central authorities of the Contracting Parties
which requested to be consulted.

334

EN

Official Journal of the European Communities

22.9.2000

(c)

Information sent to the central authority

As part of consultation with the central authorities, the diplomatic missions or consular posts
with whom an application is lodged shall send the following information to their central
authority:

1. Diplomatic mission or consular post with whom the application was lodged.

2. Surname and first names, date and place of birth and, where known, the names of the

applicant’s parents.

3. Nationality of the applicant(s) and, where known, any previous nationalities.

4. Type and number of travel document(s) submitted, their date of issue and date of expiry.

5. Length and purpose of planned visit.

6. Planned dates of travel.

7. Residence, profession, employer of the visa applicant.

8. References from the Member States, in particular, any previous applications or visits to the

Signatory States.

9. Border which the applicant plans to cross in order to enter Schengen territory.

10. Any other names (maiden name, or where applicable, married name, in order to complete
the

the identification in accordance with the requirements under the national
Contracting Parties and the national law of the State where the applicant is a citizen).

law of

11. Any other information deemed necessary by the diplomatic missions or consular posts,
concerning for example the spouse or children accompanying the person concerned, any
visas previously issued to the applicant and visa applications for the same destination.

This information shall be taken from the visa application form, in the order in which it appears
on the aforementioned form.

The above headings shall act as the basis of the information to be sent in consultation between
central authorities. The Contracting Party carrying out
the consultation shall as a rule be
responsible for the way it sends the information, in the understanding that the date and time of
transmission and its receipt by the recipient central authorities should be clearly marked.

(d) Sending applications between central authorities

The central authority of the Contracting Party whose mission or post has received an application
shall consult, in turn, the central authority or authorities of the Contracting Party or Parties who
have asked to be consulted. To this end, the authorities designated by the Contracting Parties
shall be considered as central authorities.

After having carried out
the necessary checks,
assessment of the visa application to the central authority which consulted them.

these authorities shall send their overall

22.9.2000

EN

Official Journal of the European Communities

335

(e) Reply time: Extension

The maximum deadline which the consulted central authorities have for sending a reply to the
central authority which asked for the consultation shall be seven calendar days. The initial reply
time is taken from the time at which the application is sent by the central authority which has
to carry out the consultation.

If, during the course of these seven days, one of the consulted central authorities asks for the
deadline to be extended, this may be increased by seven days.

In exceptional cases, the consulted central authority may submit a justified request for an
extension of more than seven days.

The authorities being consulted shall ensure that in cases of urgency, the reply is sent back as
quickly as possible.

Where no reply is received by the initial deadline or, where applicable, by the extended deadline
it shall be the equivalent of an authorisation and shall mean that there are, as far as the
Contracting Party or Parties consulted are concerned, no grounds for objecting to the issue of a
visa.

(f) Decision based on the outcome of the consultation

Once the initial or extended deadline has expired, the central authority of the Contracting Party
with whom the application is lodged may authorise the diplomatic mission or consular post to
issue the uniform visa.

Where there is no clear decision on the part of the central authority, the diplomatic mission or
consular post with whom the application is lodged may issue the visa after a period of 14 days,
from the time at which the application was sent by the central authority carrying out the
consultation. It is up to each central authority to inform its missions and posts at the start of
each consultation period.

In cases where the central authority receives a request for an exceptional extension to the
deadline, it shall inform the mission or post with whom the application is lodged thereof: it shall
not decide on the application before having received clear instructions from its central authority.

(g) Transmission of specific documents

In exceptional cases, the embassy where the visa application is lodged may, at the request of the
consular mission of
the Schengen
Convention the visa application form (with a space for a photograph).

the consulted State,

transmit pursuant

to Article 17 of

This procedure shall only apply in places where there are diplomatic or consular missions of
both the consulting State and consulted State and only in respect of the nationalities listed in
Annex 5B.

In no circumstances may the reply to the consultation or the request to extend the time limit for
consultation be undertaken locally, with the exception of consultation at
in
accordance with the current provisions of Annex 5B of the Common Consular Instructions; the
consultation network shall always be used for exchanges between the central authorities.

local

level

2.4. Refusal to examine an application, to issue a visa

The procedure and the possible channels of appeal
in cases where the diplomatic mission or
consular post of a Contracting Party refuses to examine an application or issue a visa, are governed
by the law of that Contracting Party.

336

EN

Official Journal of the European Communities

22.9.2000

If a visa is refused and national law provides for the grounds for such a refusal to be given, this
must be done on the basis of the following text:

(cid:145)Your request for a visa has been refused pursuant to Article 15 in conjunction with Article 5 of
the Convention implementing the Schengen Agreement of 19 June 1990 because you do not
satisfy the conditions under (a), (c), (d), (e), (indicate relevant condition(s)) of Article 5(1) of the
said Convention, which stipulates(cid:133) (quote relevant condition(s)).(cid:146)

If necessary, the above grounds may be supplemented with more detailed information or contain
other information in accordance with the requirements in this area laid down in the national law of
the Schengen States.

When an embassy or consular post which is representing another Schengen State is forced to
discontinue its examination of a visa application, the applicant should be notified thereof and
informed that he/she may go to the nearest diplomatic or consular mission of the State competent
to examine the visa application.

3.

Visas with limited territorial validity

A visa whose validity is limited to the national territory of one or several Contracting Parties may be
issued:

1.

In cases where a diplomatic mission or consular post considers it necessary to derogate from the
principle laid down in Article 15 of the Convention (Article 16) on one of the grounds listed in
interest or because of
Article 5(2)
international obligations);

(for humanitarian reasons, on grounds of national

2.

In cases provided for in Article 14 of the Convention, according to which:

(cid:145)1. No visa may be affixed to a travel document if that travel document is not valid for any of the
Contracting Parties. If a travel document is only valid for one Contracting Party or for a number of
Contracting Parties the visa to be affixed shall be limited to the Contracting Party or Parties in
question.

2.

If a travel document
authorisation may be issued in place of a visa.(cid:146)

is not recognised as valid by one or more of

the Contracting Parties an

3.

4.

In cases where, due to extreme urgency,
(for humanitarian reasons, on grounds of national
interest or because of international obligations), a mission or post does not consult the central
authorities or where this procedure gives rise to protest;

In cases where a mission or post issues, as an absolute necessity, a new visa for a visit to be
carried out during the same half-year to an applicant who, over a six-month period, has already
used a visa with a validity of three months.

The validity is limited to the territory of one Contracting Party, the Benelux or two Benelux
States for scenarios 1, 3 and 4 above, and to the territory of one or several Contracting Parties,
the Benelux or two Benelux States for scenario 2.

The missions or posts of the other Contracting Parties shall be informed of cases where these
visas are issued.

22.9.2000

EN

Official Journal of the European Communities

337

VI. HOW TO FILL IN VISA-STICKERS

Annexes 8 and 13 contain the following: 8 (cid:151) a description of the sticker’s security features; 13 (cid:151)
examples of specimen visa-stickers that have already been filled in.

1.

Common entries section (Section 8)

1.1.

(cid:145)VALID FOR(cid:146) heading

This heading indicates the territory in which the visa holder is entitled to travel.

This heading may only be completed in one of the following three ways:

(a) Schengen States;

(b) Schengen State or Schengen States to whose territory the validity of the visa is limited (in this
case the following abbreviations are used: F for France, D for Germany, E for Spain, GR for
Greece, P for Portugal, I for Italy, L for Luxembourg, N for the Netherlands, B for Belgium);

(c) Benelux.

(cid:151) When the sticker is used to issue the uniform visa pursuant to Articles 10 and 11 of the
Convention, or to issue a visa whose validity is not limited to the territory of the Contracting
Party which issued the visa, the heading (cid:145)valid for(cid:146) is filled in using the words (cid:145)Schengen States(cid:146), in
the language of the Contracting Party which issued the visa.

(cid:151) When the sticker is used to issue visas which restrict entry, stay and exit to just one territory,
this heading shall be filled in, in the national language, with the name of the Contracting Party to
which the visa holder’s entry, stay and exit are limited.

(cid:151) Pursuant to Article 14 of the Convention, limited territorial validity may cover the territory of
several Contracting Parties; in such cases, the name of the Contracting Parties concerned shall be
written under this heading.

(cid:151) Limited territorial validity may not apply to a territory smaller than that of a Contracting Party.

1.2.

(cid:145)FROM(cid:133) TO(cid:146) heading

This heading shows the period during which the holder may carry out the visit authorised by the
visa.

The date from which the visa holder may enter the territory for which the visa is valid, is written as
below, following the word (cid:145)FROM(cid:146):

(cid:151) the day is written using two figures, the first of which is a zero if the day in question is a single

figure;

(cid:151) horizontal dash;

338

EN

Official Journal of the European Communities

22.9.2000

(cid:151) the month is written using two figures, the first of which is a zero if the month in question is a

single figure;

(cid:151) horizontal dash;

(cid:151) the year is written using two figures, which correspond with the last two figures of the year;

(cid:151) For example: 15-04-94 = 15 April 1994.

The last date on which the visa holder may carry out the visit authorised by the visa is written
following the word (cid:145)TO(cid:146). The visa holder must have left the territory for which the visa is valid by
midnight on this date.

This date is written in the same way as the first date above.

1.3.

(cid:145)NUMBER OF ENTRIES(cid:146) heading

This heading shows the number of times the visa holder may enter the territory for which the visa is
valid; in other words, this shall mean the number of periods of stay which may be divided over the entire
period of validity, see 1.4.

The number of entries may be one, two or more. This number is written to the right hand-side of
the pre-printed part, using (cid:145)01(cid:146), (cid:145)02(cid:146) or the abbreviation (cid:145)MULT(cid:146), where the visa authorises more than
two entries.

For a transit visa, only one or two entries may be authorised ((cid:145)01(cid:146) or (cid:145)02(cid:146) shall be written). More
than two entries ((cid:145)MULT(cid:146)) shall only be authorised in exceptional cases.

The visa shall expire when the total number of exits made by the holder equals the number of
authorised entries, even if the holder has not used up the number of days authorised by the visa.

1.4.

(cid:145)DURATION OF VISIT (cid:133) DAYS(cid:146) heading

This heading indicates the number of days during which the holder may stay in the territory for which the
visa is valid (*). This visit may be a continuous one or divided up, depending on the number of days
authorised, over several periods between the dates mentioned under 1.2, bearing in mind the
number of entries authorised under 1.3.

The number of days authorised is written in the blank space between (cid:145)DURATION OF VISIT(cid:146) and
(cid:145)DAYS(cid:146), in the form of two figures, the first of which is a zero if the number of days is less than 10.

The maximum number of days that can be included under this heading is 90 per any half-year.

(*) In the case of transit visas, the length of transit shall not exceed five days.

22.9.2000

EN

Official Journal of the European Communities

339

1.5.

(cid:145)ISSUED IN (cid:133) ON (cid:133)(cid:146) heading

This heading shows, in the language of the Contracting Party issuing the visa, the name of the town in
which the diplomatic mission or consular post which is issuing the visa is found, this name is written
between (cid:145)IN(cid:146) and (cid:145)ON(cid:146). The date of issue is indicated after (cid:145)ON(cid:146).

The date of issue is written in the same way as the date referred to in 1.2.

The authority which issued the visa may be identified by way of the entry which appears in the
stamp affixed to section 4.

1.6.

(cid:145)PASSPORT NUMBER(cid:146) heading

This heading indicates the number of the passport to which the visa-sticker is affixed. This number
shall be followed by reference to any children and to the spouse if these appear in the passport, who
are accompanying the holder (a letter (cid:145)X(cid:146) for children preceded by the number thereof (for example
3X = three children) and a letter (cid:145)Y(cid:146) for the spouse).

The passport number is the series number which is pre-printed or perforated on all or almost all of
the pages of the passport.

1.7.

(cid:145)TYPE OF VISA(cid:146) heading

In order to facilitate matters for the control authorities, this heading specifies the type of visa using
the letters A, B, C and D as follows:

A: airport transit visa

B:

transit visa

C:

short-term visa

D:

long-term national visa

For visas with limited territorial validity and group visas the letters A, B or C shall be used
depending on the case in question.

2.

National entries section ((cid:145)COMMENTS(cid:146)) (Section 9)

Contrary to section 8 (joint and obligatory entries), this section is reserved for any comments
relating to national provisions. Although the Contracting Parties shall be free to include any
comments which they deem relevant, they shall be obliged to inform their partners thereof in order
that these comments may be interpreted (see Annex 9).

3.

Section on the stamp of the mission or post issuing the visa (Section 4)

The stamp of the mission or post issuing the visa is affixed in the rectangle between the left-hand
side of the sticker and the section (cid:145)COMMENTS(cid:146) and the rotogravure section and the section to be
electronically scanned.

The size and content of the stamp and the ink to be used shall be determined by the national
provisions of the Contracting Parties.

340

EN

Official Journal of the European Communities

22.9.2000

4.

Section to be electronically scanned (Section 5)

Both the format of the visa-sticker and that of the electronically scanned section have been decided
by the ICAO on the basis of a proposal put forward by the Schengen States. This section is made up
of two lines of 36 characters (OCR B-10 cpi). Annex 10 explains how this section is to be filled in.

5. Other aspects relating to the issue of visas

5.1. Signing visas

In cases where the law or practice of a Contracting Party requires a hand-written signature, the
sticker affixed to the page of the passport shall be signed by the official responsible in this regard.

The signature is placed at the right-hand side of the heading (cid:145)COMMENTS(cid:146); part of the signature
should extend onto the page of the passport or the travel document, but it must not cover the
section to be electronically scanned.

5.2.

Invalidating completed visa-stickers

No changes shall be made to the visa-sticker. If there is a mistake made when the visa is issued then
the sticker shall be invalidated.

(cid:151) If the mistake is detected on a sticker which has not yet been affixed to the passport, the sticker

shall be destroyed or cut diagonally in half.

(cid:151) If the mistake is detected after the sticker has been affixed to the passport, the sticker shall have

a red cross drawn on it and a new sticker shall be affixed.

5.3. Affixing visa-stickers to passports

The sticker shall be filled in before being affixed to the passport. The stamp and the signature shall
be placed on the sticker once it has been affixed to the passport or travel document.

Once the visa-sticker has been correctly filled in, it shall be affixed to the first page of the passport
that
the
is free from any other entries or stamps (cid:151) other than the identification stamp of
application. Passports which do not have space free for affixing the sticker, passports which have
expired and passports which do not authorise exit from the territory before the visa expires, or the
alien’s return to his/her country of origin or entry into a third country (see Article 13 of the
Convention), shall be refused.

5.4. Passports and travel documents to which uniform visas may be affixed

The criteria for deciding which travel documents may bear a visa, in accordance with the provision
of Article 17(3)(a) of the Convention, are listed in Annex 11.

22.9.2000

EN

Official Journal of the European Communities

341

In accordance with Article 14, no visa may be affixed to a travel document if that travel document
is not valid for any of the Contracting Parties. If a travel document is only valid for one Contracting
Party or for a number of Contracting Parties the visa to be affixed shall be limited to the Contracting
Party or Parties in question.

If a travel document is not recognised as valid by one or more of the Contracting Parties an
authorisation may be issued in place of the visa. This authorisation shall be written on a separate
sheet of paper and shall only have the effect of a visa with limited territorial validity.

VII. ADMINISTRATIVE MANAGEMENT AND ORGANISATION

1. Organisation of visa sections

Each Contracting Party shall be responsible for organising its visa sections.

The heads of the missions or posts shall ensure that the section responsible for issuing visas is
organised in such a way as to avoid any type of negligent behaviour which could facilitate theft and
falsifications.

(cid:151) The staff responsible for issuing visas shall in no way be exposed to local pressure.

(cid:151) In order to avoid (cid:145)habits(cid:146) being formed which could lead to a decline in the level of vigilance, the

officers responsible shall be rotated on a regular basis.

(cid:151) The storage and use of visa-stickers shall be the subject of security measures similar to those

applied to other documents which require protection.

2.

Filing

Each Contracting Party shall be responsible for filing visa applications, and photographs of
applicants in cases where visas are subject to central consultation.

Visa applications shall be kept for at least one year where the visa has been issued and at least five
years where the visa has been refused.

In order to make it easier to locate an application, the file and archive references shall be mentioned
during consultation and in replies to consultation.

3.

Visa registers

Each Contracting Party shall register visas which have been issued in accordance with national
practice. Visa-stickers shall be registered as such.

4.

Fees to be charged for the issue of visas

The fees to be charged for the issue of visas are listed in Annex 12.

342

EN

Official Journal of the European Communities

22.9.2000

VIII. CONSULAR COOPERATION AT A LOCAL LEVEL

1. Outline of consular cooperation at a local level

On the spot consular cooperation shall, generally speaking, focus on assessing immigration risks. It
shall mainly be aimed at determining common criteria for examining files, exchanging information
on the use of false documents, on possible illegal immigration routes and on refusing visas where
applications are clearly ill-founded or fraudulent. It should also enable the exchange of information
on bona fide applicants and on the joint development of information for the general public on the
conditions governing Schengen visa applications.

Consular cooperation shall also take account of the local administrative situation and social and
economic structure.

The missions and posts shall organise meetings on a regular basis depending on circumstances and
as often as they deem suitable: they shall submit reports on these meetings to the central authorities.
At the request of the Presidency they shall submit a general half-yearly report.

2. How to avoid multiple applications or applications which are lodged after a recent refusal to

issue

The exchange of information between missions and posts and the identification of applications by
means of a stamp or by other means are aimed at preventing the presentation, by the same person,
of multiple or successive visa applications, either whilst an application is being examined, or after an
application had been refused, by the same mission or post or by a different mission or post.

Without prejudice to the consultation which may take place between the missions and posts and the
exchanges of information which they may carry out, the mission or post with whom an application
is lodged, shall affix a stamp to each applicant’s passport stipulating (cid:145)Visa applied for on (cid:133) at (cid:133)(cid:146).
The space following (cid:145)on(cid:146) shall be filled in with six figures (two figures for the day, two for the
month and two for the year): the second space shall be reserved for the diplomatic mission or
consular post concerned. The code for the visa that has been applied for must be added.

The mission or post which receives the application shall decide whether or not to affix a stamp to
diplomatic and service passports.

The stamp may also be affixed in the case of applications for long-stay visas.

When a Schengen State is representing another Schengen State, the stamp shall show, after the code
of the type of visa requested, the indication (cid:145)R(cid:146) followed by the code of the represented State.

Where the visa is issued, the sticker shall, as far as possible, be affixed on top of the identification
stamp.

In exceptional circumstances when it is impracticable to affix a stamp, the mission or post of the
Presidency in office shall inform the relevant Schengen group and submit for the group’s approval
an alternative proposal, for instance involving the exchange of photocopies of passports or lists of
rejected visa applications giving grounds for the refusal.

The heads of the diplomatic missions or posts shall adopt at a local level, and at the initiative of the
Presidency, alternative or additional preventative measures, where such measures prove necessary.

22.9.2000

EN

Official Journal of the European Communities

343

3.

Assessment of the applicant’s good faith

In order to facilitate the assessment of the applicant’s good faith, the diplomatic missions or consular
posts may, in accordance with national legislation, carry out an exchange of information on the
basis of arrangements concluded at a local level as part of their cooperation, and pursuant to point
1 of this chapter.

Information on the following may be exchanged from time to time: persons whose applications have
been refused due to the fact that stolen, lost or falsified documents have been used, or that the date
of exit on the previous visa was not respected or that there is a risk to security and in particular
there is reason to believe that an attempt is being made to illegally immigrate to the territory of the
Contracting Parties.

The information which is jointly exchanged and produced shall serve as a working instrument for
assessing visa applications.
the visa
application nor the search in the Schengen Information System, nor consultation with the requesting
central authorities.

It shall not, however, replace the actual examination of

4.

Exchange of statistics

4.1. Statistics on short-stay visas, transit visas and airport transit visas that have been issued and on
applications for such visas that have been formally rejected shall be exchanged every three
months.

4.2. Without prejudice to the obligations laid down in Article 16 of the Convention, which are
clearly set out in Annex 14 to the Common Consular Instructions and which require the
Schengen States to forward within 72 hours details concerning the issue of visas with limited
territorial validity, the diplomatic missions and consular posts of the Schengen States are
obliged to exchange their statistics on visas with limited territorial validity issued the previous
month and transmit them to their respective national central authorities.

344

EN

Official Journal of the European Communities

22.9.2000

ANNEX 1

I.

Joint list of States whose citizens are required to have a visa by all the Schengen States.

II. Updated list of States whose citizens are exempt from the visa requirement by all the Schengen States.

III. Updated list of States whose citizens are required to have a visa by some Schengen States only.

The lists below show the decisions adopted by the Executive Committee of Schengen up to 1 May 1999. Information
on any amendments made after 1 May 1999 may be obtained from the relevant departments of the Commission or of
the General Secretariat of the Council.

I.

Joint list of States (*) whose citizens are required to have a visa by all the Schengen States.

UNITED ARAB EMIRATES (**)

AFGHANISTAN (**)

ANTIGUA AND BARBUDA

ALBANIA (**)

ARMENIA (**)

ANGOLA (**)

AZERBAIJAN (**)

BOSNIA-HERCEGOVINA

BARBADOS

BANGLADESH (**)

BURKINA FASO (**)

BULGARIA (**)

BAHRAIN (**)

BURUNDI (**)

BENIN (**)

BAHAMAS

BHUTAN (**)

BOTSWANA

BELARUS (**)

BELIZE

CONGO (DEMOCRATIC REPUBLIC OF) (**)

CENTRAL AFRICAN REPUBLIC (**)

CONGO BRAZZAVILLE (**)

COTE D’IVOIRE (**)

CAMEROON (**)

CHINA (**)

CUBA (**)

CAPE VERDE (**)

DJIBOUTI (**)

DOMINICA

DOMINICAN REPUBLIC) (**)

ALGERIA (**)

EGYPT (**)

ERITREA (**)

ETHIOPIA (**)

FIJI (**)

MICRONESIA

GABON (**)

GRENADA

GEORGIA (**)

GHANA (**)

GAMBIA (**)

GUINEA (**)

EQUATORIAL GUINEA (**)

GUINEA-BISSAU (**)

GUYANA (**)

HAITI (**)

INDONESIA (**)

INDIA (**)

IRAQ (**)

IRAN (**)

JAMAICA

JORDAN (**)

KENYA

KYRGYSTAN (**)

CAMBODIA (**)

KIRIBATI

COMOROS (**)

ST CHRISTOPHER AND NEVIS

NORTH KOREA (**)

KUWAIT (**)

KAZAKHSTAN (**)

LAOS (**)

LEBANON (**)

ST LUCIA

SRI LANKA (**)

LIBERIA (**)

LESOTHO

LIBYA (**)

MOROCCO (**)

MOLDOVA (**)

22.9.2000

EN

Official Journal of the European Communities

345

MADAGASCAR (**)

MARSHALL ISLANDS

FORMER YUGOSLAV REPUBLIC OF MACEDONIA (**)

MALI (**)

BURMA/MYANMAR (**)

MONGOLIA (**)

NORTHERN MARIANAS (ISLANDS)

MAURITANIA (**)

MAURITIUS (**)

MALDIVES (**)

MALAWI

MOZAMBIQUE (**)

NAMIBIA

NIGER (**)

NIGERIA (**)

NEPAL (**)

NAURU

OMAN (**)

PERU (**)

PAPUA NEW GUINEA (**)

PHILIPPINES (**)

PAKISTAN (**)

PALAU

QATAR (**)

ROMANIA (**)

RUSSIA (**)

RWANDA (**)

SAUDI ARABIA (**)

SOLOMON ISLANDS

SEYCHELLES

SUDAN (**)

SIERRA LEONE (**)

SENEGAL (**)

SOMALIA (**)

SURINAME (**)

S´O TOM(cid:201) AND PRINCIPE (**)

SYRIA (**)

SWAZILAND

CHAD (**)

TOGO (**)

THAILAND (**)

TAJIKISTAN (**)

TURKMENISTAN (**)

TUNISIA (**)

TONGA

TURKEY (**)

TRINIDAD AND TOBAGO

TUVALU

TAIWAN (**)

TANZANIA (**)

UKRAINE (**)

UGANDA (**)

UZBEKISTAN (**)

ST VINCENT AND THE GRENADINES

VIETNAM (**)

VANUATU

SAMOA (WESTERN)

YEMEN (**)

FEDERAL REPUBLIC OF YUGOSLAVIA
(SERBIA AND MONTENEGRO) (**)

SOUTH AFRICA

ZAMBIA (**)

ZIMBABWE

(*) This list shall be without prejudice to the position of each of the Schengen States with regard to the international status of the

countries mentioned, and without prejudice to the relations they might have with the latter.

(**) Referred to in the Annex to Council Regulation (EC) No 574/99 of 12 March 1999 determining the third countries whose

nationals must be in possession of visas when crossing the external borders of the Member States.

II. Updated schedule of States whose citizens are exempt from the visa requirement by all the Schengen States.

ANDORRA

ARGENTINA

AUSTRALIA

BRUNEI

BOLIVIA

BRAZIL (*)

CANADA

SWITZERLAND

CHILE

COSTA RICA

CYPRUS

CZECH REPUBLIC

ECUADOR

ESTONIA

MONACO

GUATEMALA

HONDURAS

CROATIA

HUNGARY

ISRAEL (**)

ICELAND

JAPAN

SOUTH KOREA

LIECHTENSTEIN

LITHUANIA

LATVIA

346

EN

Official Journal of the European Communities

22.9.2000

MALTA

MEXICO

MALAYSIA

NICARAGUA

NORWAY

NEW ZEALAND

PANAMA

POLAND (*)

PARAGUAY

SINGAPORE

SLOVENIA

SLOVAKIA

SAN MARINO

SALVADOR

UNITED STATES OF AMERICA (***)

URUGUAY

VATICAN CITY STATE

VENEZUELA

Greece requires visas for seamen who are nationals of this State.
France shall continue to require short-term visas from vessel and aircraft crew members carrying out their duties.

(*)
(**)
(***) France requires visas for the following categories of nationals of the United States:

(cid:151) students;
(cid:151) journalists on assignment;
(cid:151) ship or flight crews in the exercise of their duties.

III. Updated schedule of States whose citizens are required to have a visa by one or more Schengen States

COLOMBIA

List of States whose citizens are required to have a visa by some Schengen States only

Benelux

Germany

Greece

Spain

France

Italy

Austria

Portugal

Colombia

V

V

V

V

22.9.2000

EN

Official Journal of the European Communities

347

Regulations governing the movement of holders of diplomatic, official and service passports, and holders of
laissez-passers which certain International Intergovernmental Organisations issue to their officials

ANNEX 2

I.

Regulations governing movements at external borders

1. Movements of holders of diplomatic, official and service passports is not governed by the common list of visa
requirements. The Contracting States undertake, however, to keep their partners informed, in advance of any
changes that
the
abovementioned passports and to take into account the interests of their partners.

they intend to make to the regulations governing the movements of holders of

2.

3.

4.

5.

6.

7.

Given the aim of an increase in flexibility being adopted in the approach to harmonising the rules applied to
holders of the abovementioned passports, a schedule of countries whose nationals are not subject to a visa
requirement since they hold the abovementioned passports, although this visa requirement applies to
ordinary passport holders of
for
information purposes. The reverse situation shall also be compiled in a schedule, should this be necessary. The
Executive Committee shall assume responsibility for updating these lists.

is annexed to the Common Visa Instructions,

the same nationality,

The regulations governing movements mentioned in this document shall not apply to holders of ordinary
passports carrying out public affairs nor holders of service, official, or special passports, etc. for which the
issue by third countries is not in line with the international practice applied by the Schengen States.
Accordingly, the Executive Committee, acting on a proposal of a Group of Experts, could draw up a list of
passports other than the ordinary passports for holders, which the Schengen States do not plan to accord
preferential treatment.

Pursuant to the provisions of Article 18 of the Implementing Convention, persons to whom a visa is issued
so that they may reach the territory of the Schengen State for the purposes of their accreditation may, at
least, pass through the other States on their way to the State which issued the visa.

Persons who have already been accredited by a diplomatic or consular Representation and their family
members who hold an identity card issued by the Ministry of Foreign Affairs may cross the external border
with the Schengen area on production of the said identity card, and, where necessary, the travel document.

In general, the holders of diplomatic, official or service passports, even though they remain subject to a visa
they have sufficient means of
requirement, when this requirement exists, do not have to prove that
subsistence at
they may, where
necessary, be asked to produce the same supporting documents as are required from ordinary passport
holders applying for visas.

they are travelling in a personal capacity,

their disposal. However,

if

A (cid:145)note verbale(cid:146) from the Ministry of Foreign Affairs or from a diplomatic mission (if the visa application is
lodged in a third country) should accompany each application for a visa for a diplomatic, official or service
passport when the applicant is on official duty. Where the journey is for private purposes, a (cid:145)note verbale(cid:146)
may also be required.

8.1. The arrangement for prior consultation with the central authorities of the other Contracting States shall apply
to applications for visas made by holders of diplomatic, official and service passports. Prior consultation shall
not be made with the State which concluded an agreement removing the visa requirement for holders of
diplomatic and/or service passports with the country whose nationals are concerned by the consultation (in
the cases contained in Annex 5 to this instruction).

Should one of the Contracting States raise objections, the Schengen State which should decide on the
application for a visa can issue a visa of limited territorial validity.

8.2. The Schengen States undertake not to conclude at a future date, without prior agreement with the other
Member States, agreements in the area of removing visa requirements for holders of diplomatic, official and
service passports with States whose nationals are subject to prior consultation for a visa to be issued by
another Schengen State.

8.3.

If it involves a visa being issued for accrediting a foreigner who is listed as not to be granted entry and the
arrangement for prior consultation applies, the consultation should be carried out in accordance with the
provisions of Article 25 of the implementing Convention.

348

EN

Official Journal of the European Communities

22.9.2000

9.

If a Contracting State invokes the exceptions provided for under Article 5(2) of
the implementing
Convention, granting entry to holders of diplomatic, official or service passports would also be limited to the
national territory of the State in question, which should inform the other Member States.

II. Regulations governing movements at internal borders

In general, the arrangement under Articles 19 et seq. shall apply, except for the issue of a visa of limited territorial
validity.

The holders of diplomatic, official and service passports may move within the territory of the Contracting States
for three months from the date of entry (if they are not subject to the visa requirements) or for the duration
provided for by the visa.

Persons accredited by a diplomatic or consular post and their family members, holders of the card issued by the
Ministry for Foreign Affairs may move within the territory of the Contracting States for a maximum duration of
three months upon production of this card and, if required, the travel document.

III. Regulations governing movements outlined in this document

issued by the
Intergovernmental International Organisations which all the Schengen States are members of, to their officials, who
pursuant to the Treaty constituting these Organisations, are exempt from registering with the Immigration Office
and from holding a residence permit (see page 47 of the Common Manual).

shall apply to laissez-passers

Regulations governing movement of holders of diplomatic, official and service passports

Schedule A

Countries whose nationals are NOT subject to a visa requirement in one or more Schengen States when they are
holders of diplomatic, official and service passports, but which are subject to this requirement when they are holders of
ordinary passports

E

F

I

AU

P

Antigua and Barbuda

Albania

Angola

Bosnia and Herzegovina

Barbados

Burkina Faso

Bulgaria

Benin

Bahamas

Botswana

C(cid:244)te d’Ivoire

Cape Verde

Dominica

Dominican Republic

Algeria

BNL

D

GR

DS

DS

D

D

DS

D

D

DS

DS

DS

D

DS

D

D

DS

DS

DS

D

DS

DS

DS

DS

DS

DS

DS

DS

22.9.2000

EN

Official Journal of the European Communities

349

BNL

D

GR

E

F

Egypt

Fiji

Gabon

Ghana

Gambia

Guyana

India

Jamaica

Kuwait

Lesotho

DS

D

DS

Morocco

DS

D

DS

D

Former Yugoslav Republic of Macedonia

D

D

D

Mauritania

Maldives

Malawi

Mozambique

Niger

Peru

Philippines

Pakistan

Romania

Seychelles

Senegal

Sªo TomØ and Pr(cid:237)ncipe

Swaziland

Chad

Togo

Thailand

Tunisia

Turkey

DS

DS

D

DS

DS

DS

DS

DS

D

D

D

D

DS

DS

D

DS

DS

D

DS

DS

DS

DS

DS

DS

DS

DS

D

DS

D

DS

DS

DS

DS

DS

DS

DS

DS

DS

I

DS

DS

DS

DS

DS

DS

DS

DS

DS

DS

DS

DS

AU

P

DS

D

DS

DS

DS

DS

D

D

DS

DS

D

DS

DS

350

EN

Official Journal of the European Communities

22.9.2000

Trinidad and Tobago

Uganda

Venezuela

Western Samoa

Federal Republic of Yugoslavia

South Africa

Zimbabwe

BNL

D

GR

E

F

I

DS

DS

DS

DS

DS

P

D

AU

DS

DS

DS:
D:

the holders of diplomatic and service passports are exempt from visa requirements.
only holders of diplomatic passports are exempted from a visa requirement.

Countries whose nationals are subject to visas in one or more Schengen States, when they are holders of diplomatic,
official, or service passports, but which are NOT subject to this requirement when they are holders of ordinary
passports

Schedule B

Australia

Chile

Israel

Mexico

Paraguay

BNL

D

GR

E

F

X

X

I

AU

X

P

X

X

United States of America

X

X (*)

(*)

If travelling on official business.

22.9.2000

EN

Official Journal of the European Communities

351

List of States whose nationals are subject to an airport transit visa requirement, where holders of travel
documents issued by these States are also subject to this visa requirement (*)

ANNEX 3

The Schengen States undertake not to amend Part I of Annex 3 without the prior consent of the other Member States.

If a Member State intends to amend Part II of this Annex, it undertakes to inform its partners and to take account of its
interests.

PART I

Joint list of States whose nationals are subject to airport visa requirements (ATV) by all Schengen States, holders of
travel documents issued by these States also being subject to this requirement (1) (2)

AFGHANISTAN

BANGLADESH

CONGO (Democratic Republic) (3)

ERITREA (3)

ETHIOPIA

GHANA

IRAQ

IRAN

SRI LANKA

NIGERIA

PAKISTAN

SOMALIA

These persons shall not be subject to the visa requirement if they hold one of the residence permits of an EEA Member
State listed in Part III(A) of this Annex or one of the residence permits of Andorra, Japan, Canada, Monaco, San Marino,
Switzerland or the United States indicated below which guarantees an unqualified right of return, referred to in
Part III(B)

The list of residence permits shall be completed by mutual agreement in the framework of Working Group II subgroup
on visas and subjected to regular scrutiny. Should problems arise, the Schengen States may suspend the application of
these measures until such time as the problems in question have been resolved by mutual agreement. The Contracting
States may exclude certain residence permits from the exemption where indicated in section III.

Exemptions from the airport transit visa requirement for holders of diplomatic, service or other official passports shall
be decided by each Member State individually.

(*) It is not necessary to consult the central authorities for the issue of an airport transit visa (ATV).
(1) For all the Schengen States

The following persons shall be exempt from the ATV requirement:
(cid:151) airplane crew members who are nationals of a Contracting Party to the Convention of Chicago.

(2) For the Benelux countries, France and Spain

The following persons shall be exempt from the ATV requirement:
(cid:151) holders of diplomatic and service passports.

(3) For Germany

The visa requirement will only take effect when the national initiated procedures have been completed.

352

EN

Official Journal of the European Communities

22.9.2000

List of States whose nationals are subject to an airport transit visa requirement by some Schengen States only, with
holders of travel documents issued by these States also being subject to this requirement

PART II

GR

E (2)

F (3)

I (4)

AU (5)

P

Albania

Angola

Bulgaria

C(cid:244)te d’Ivoire

India

Gambia

Guinea Bissau

Haiti

Indonesia

Jordan

Lebanon

Liberia

Libya

Mali

Romania

Sudan

Sierra Leone

Senegal

Syria

Togo

Turkey

BNL (1)

X

D

X

X

X

X

X (6)

X

X

X

X

X

X

X

X (6)

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

(1) Only when nationals are not in possession of a valid residence permit for the Member States of the EEA, the United States of

America or Canada. Holders of diplomatic and service passports are also exempt.

(2) Holders of diplomatic, official and service passports are not subject to the ATV requirement. The same applies to holders of ordinary
passports residing in a Member State of the EEA, the United States of America, or holding a valid entry visa for one of those
countries.

(3) The following persons shall be exempt from the ATV requirement:

(cid:151) holders of diplomatic and service passports,
(cid:151) holders of one of the residence permits listed in Part III,
(cid:151) airplane crew members who are nationals of a Contracting Party to the Convention of Chicago.

(4) Only when nationals are not in possession of a valid residence permit for the Member States of the EEA, the United States of

America or Canada.

(5) Aliens subject to transit visa obligations no longer require an airport transit visa for transit (ATV) via an Austrian airport provided

they hold one of the following documents that is valid for the length of the stay necessary for the transit:
(cid:151) a residence permit issued by Andorra, Japan, Canada, Monaco, San Marino, Switzerland, Vatican City State or the United States

of America which guarantees an unqualified right to return;

(cid:151) a visa or residence permit issued by a Schengen State for which the Accession Agreement has been brought into force;
(cid:151) a residence permit issued by a Member State of the EEA.

(6) Only when nationals are not in possession of a valid visa for the Member States of the EEA, Switzerland, Canada or the United

States of America.

22.9.2000

EN

Official Journal of the European Communities

353

PART III

A. List of residence permits of EEA States for which the holders are exempt from the airport transit visa requirement

on presentation of the document:

DENMARK:

(cid:151) Opholdstilladelse (residence permit in the form of a card marked C, D, E, F, G, H, J, K or L)

(cid:151) Opholdstilladelse (residence permit in the form of a pink and white sticker affixed to the passport and marked

B, C or H)

(cid:151) Tilbagerejsetilladelse (re-entry permit in the form of a stamp affixed to the passport and marked I, II or III)

FINLAND:

(cid:151) Oleskelulupa uppeh(cid:229)llstillst(cid:229)nd (residence permit in card form for EU nationals or EEA nationals and their family

members residing in Finland)

(cid:151) Residence permit in the form of a sticker filled out in English and clearly showing the type and length of

validity of the permit: bears the inscription (cid:145)Suomi Finland(cid:146), (cid:145)visa(cid:146) and (cid:145)permit(cid:146)

(cid:151) Residence permit in the form of a sticker modelled on a visa sticker with the entry in Finnish (cid:145)Oleskelulupa Ja

Ty(cid:246)lupa(cid:146) (residence and work permit)

(cid:151) Oleskelulupa uppeh(cid:229)llstillst(cid:229)nd (uniform EU residence permit filled out in Finnish/Swedish)

UNITED KINGDOM:

(cid:151) Leave to remain in the United Kingdom for an indefinite period (this document is only sufficient when the

holder has not been away for more than two years)

(cid:151) Certificate of entitlement to the right of abode

IRELAND:

(cid:151) Residence permit only in conjunction with a re-entry visa

ICELAND:

(cid:151) Alien’s passport (brown cover) in conjunction with a re-entry permit in the form of a stamp in the passport (*)

(cid:151) Temporary residence permit (red card) in conjunction with a re-entry permit in the form of a stamp in the

passport

(cid:151) Permanent residence permit (yellow card with a green stripe)

(cid:151) Permanent work and residence permit (green card)

LIECHTENSTEIN:

(cid:151) Livret pour Øtranger B (residence permit, sufficient within the period of validity of one year) (*)

(cid:151) Livret pour Øtranger C (settlement permit, sufficient within the period of validity of 5 or 10 years)

(*) This residence permit does not exempt the holder from the airport transit visa requirement in Germany.

354

EN

Official Journal of the European Communities

22.9.2000

NORWAY:

(cid:151) Oppholdstillatelse (temporary residence permit)

(cid:151) Arbeidstillatelse (temporary work permit)

(cid:151) Bosettingstillatelse (permanent residence and work permit)

SWEDEN:

(cid:151) Permanent residence permit in the form of a sticker affixed to the passport and marked (cid:145)SVERIGE Bevis om

permanent uppeh(cid:229)llstillst(cid:229)nd; SWEDEN Certificate of permanent residence permit(cid:146).

(cid:151) Residence and work permit in the form of a visa sticker affixed to the passport and marked (cid:145)SVERIGE

Uppeh(cid:229)lls och arbetstillst(cid:229)nd; SWEDEN Residence and work permit(cid:146).

B.

List of residence permits with unlimited right of return on presentation of which the holders are exempt from the
airport transit visa requirement:

ANDORRA:

(cid:151) Tarjeta provisional de estancia y de trabajo (provisional residence and work permit) (white). These are issued to
seasonal workers; the period of validity depends on the duration of employment, but never exceeds six
months. This permit is not renewable (*)

(cid:151) Tarjeta de estancia y de trabajo (residence and work permit) (white). This permit is issued for six months and may

be renewed for another year (*)

(cid:151) Tarjeta de estancia (residence permit) (white). This permit is issued for six months and may be renewed for

another year (*)

(cid:151) Tarjeta temporal de residencia (temporary residence permit) (pink). This permit is issued for one year and may be

renewed twice, each time for another year (*)

(cid:151) Tarjeta ordinaria de residencia (ordinary residence permit) (yellow). This permit is issued for three years and may

be renewed for another three years (*)

(cid:151) Tarjeta privilegiada de residencia (special residence permit) (green). This permit is issued for five years and is

renewable, each time for another five years

(cid:151) Autorizaci(cid:243)n de residencia (residence authorisation) (green). This permit is issued for one year and is renewable,

each time for another three years (*)

(cid:151) Autorizaci(cid:243)n temporal de residencia y de trabajo (temporary residence and work authorisation) (pink). This permit

is issued for two years and may be renewed for another two years (*)

(cid:151) Autorizaci(cid:243)n ordinaria de residencia y de trabajo (ordinary residence and work authorisation) (yellow). This permit

is issued for five years

(cid:151) Autorizaci(cid:243)n privilegiada de residencia y de trabajo (special residence and work authorisation) (green). This permit

is issued for 10 years and is renewable, each time for another 10 years

CANADA:

(cid:151) Returning resident permit (loose-leaf in passport)

SWITZERLAND:

(cid:151) Livret pour Øtranger B (residence permit, guaranteeing return of holder within the period of validity of one

year) (*)

(cid:151) Livret pour Øtranger C (settlement permit, guaranteeing return of holder within the period of validity of five or

10 years)

(*) This residence permit does not exempt the holder from the airport transit visa requirement in Germany.

22.9.2000

EN

Official Journal of the European Communities

355

MONACO:

(cid:151) Carte de sØjour de rØsident temporaire de Monaco (temporary resident’s permit) (*)

(cid:151) Carte de sØjour de rØsident ordinaire de Monaco (ordinary resident’s permit)

(cid:151) Carte de sØjour de rØsident privilØgiØ (privileged resident’s permit)

(cid:151) Carte de sØjour de conjoint de ressortissant monØgasque (residence permit for the spouse of a person of Monegasque

nationality)

JAPAN:

(cid:151) Re-entry permit to Japan (*)

SAN MARINO:

(cid:151) Permesso di soggiorno ordinario (validit(cid:224) illimitata) (ordinary residence permit (no expiry date))

(cid:151) Permesso di soggiorno continuativo speciale (validit(cid:224) illimitata) (special permanent residence permit (no expiry date))

(cid:151) Carta d’identit(cid:224) de San Marino (validit(cid:224) illimitata) (San Marino identity card (no expiry date))

UNITED STATES OF AMERICA:

(cid:151) Form I-551 permanent resident card (valid for two (*) to 10 years)

(cid:151) Form I-551 alien registration receipt card (valid for two (*) to 10 years)

(cid:151) Form I-551 alien registration receipt card (no expiry date)

(cid:151) Form I-327 re-entry document (valid for two years (cid:151) issued to holders of a I-551) (*)

(cid:151) Resident alien card (valid for two (*) or 10 years or no expiry date. This document is only sufficient when the

holder was absent from the USA for not longer than one year)

(cid:151) Permit to re-enter (valid for two years. This document is only sufficient when the holder was absent from the

USA for not longer than two years.) (*)

(cid:151) Valid temporary residence stamp in a valid passport (valid for one year from the date of issue) (*)

(*) This residence permit does not exempt the holder from the airport transit visa requirement in Germany.

356

EN

Official Journal of the European Communities

22.9.2000

ANNEX 4

List of documents entitling entry without a visa

BELGIUM

(cid:151) Carte d’identitØ d’Øtranger

Identiteitskaart voor vreemdelingen

Personalausweis f(cid:252)r Ausl(cid:228)nder

(Identity card for foreigners)

(cid:151) Certificat d’inscription au registre des Øtrangers

Bewijs van inschrijving in het vreemdelingenregister

Bescheinigung der Eintragung im Ausl(cid:228)nderregister

(Certificate attesting to entry in foreigners(cid:146) register)

(cid:151) Special residence permits issued by the Ministry of Foreign Affairs:

(cid:151) Carte d’identitØ diplomatique

Diplomatieke identiteitskaart

Diplomatischer Personalausweis

(Diplomat’s identity card)

(cid:151) Carte d’identitØ consulaire

Consular identiteitskaart

Konsularer Personalausweis

(Consular identity card)

(cid:151) Carte d’identitØ spØciale (cid:151) couleur bleue

Bijzondere identiteitskaart (cid:151) blauw

Besonderer Personalausweis (cid:151) blau

(Special identity card (cid:151) blue in colour)

(cid:151) Carte d’identitØ spØciale (cid:151) couleur rouge

Bijzondere identiteitskaart (cid:151) rood

Besonderer Personalausweis (cid:151) rot

(Special identity card (cid:151) red in colour)

(cid:151) Certificat d’identitØ pour les enfants (cid:226)gØs de moins de cinq ans des Øtrangers privilØgiØs titulaires d’une carte
d’identitØ diplomatique, d’une carte d’identitØ consulaire, d’une carte d’identitØ spØciale (cid:151) couleur bleue ou
d’une carte d’identitØ (cid:151) couleur rouge

Identiteitsbewijs voor kinderen, die de leeftijd van vijf jaar nog niet hebben bereikt, van een bevoorrecht
vreemdeling dewelke houder is van een diplomatieke identiteitskaart, consulaire identiteitskaart, bijzondere
identiteitskaart (cid:151) blauw of bijzondere identiteitskaart (cid:151) rood

Identit(cid:228)tsnachweis
diplomatischen Personalausweises
ausweises (cid:151) rot oder eines besonderen Personalausweises (cid:151) blau

f(cid:252)r Kinder unter

eines
sind, eines konsularen Personalausweises, eines besonderen Personal-

Jahren, von privilegierten Ausl(cid:228)ndern, die

Inhaber

f(cid:252)nf

(Identity card for children, under the age of five, of aliens who are holders of diplomatic identity cards,
consular identity cards, blue special identity cards or red special identity cards)

(cid:151) Certificat d’identitØ avec photographie dØlivrØ par une administration communale belge (cid:224) un enfant de moins de

douze years

Door een Belgisch gemeentebestuur aan een kind beneden de 12 jaar afgegeven identiteitsbewijs met foto

22.9.2000

EN

Official Journal of the European Communities

357

Von einer belgischen Gemeindeverwaltung einem Kind unter dem 12. Lebensjahr ausgestellter Personalausweis mit
Lichtbild

(Certificate of identity with photograph issued by Belgian communes to children under 12 years)

(cid:151) List of persons participating in a school trip within the European Union.

GERMANY

(cid:151) Aufenthaltserlaubnis f(cid:252)r die Bundesrepublik Deutschland

(Residence permit for the Federal Republic of Germany)

(cid:151) Aufenthaltserlaubnis f(cid:252)r Angeh(cid:246)rige eines Mitgliedstaates der EG

(Residence permit for EC nationals)

(cid:151) Aufenthaltsberechtigung f(cid:252)r die Bundesrepublik Deutschland

(Residence permit for the Federal Republic of Germany)

(cid:151) Aufenthaltsbewilligung f(cid:252)r die Bundesrepublik Deutschland

(Residence authorisation for the Federal Republic of Germany)

(cid:151) Aufenthaltsbefugnis f(cid:252)r die Bundesrepublik Deutschland

(Residence permit for the Federal Republic of Germany)

These residence permits only entitle entry without a visa when they are inserted in a passport or issued in
connection with a passport as an authorisation replacing a visa. They do not entitle entry without a visa if they are
issued instead of a national identity document.

The document for a deferred expulsion measure (cid:145)Aussetzung der Abschiebung (Duldung)(cid:146) and the temporary
residence authorisation for asylum-seekers (cid:145)Aufenthaltsgestattung f(cid:252)r Asylbewerber(cid:146) does not entitle entry without a
visa either.

(cid:151) Special residence permits issued by the Ministry of Foreign Affairs:

(cid:151) Diplomatenausweis

(Diplomat’s pass) (red in colour)

(cid:151) Ausweis f(cid:252)r bevorrechtigte Personen

(VIP pass) (blue in colour)

(cid:151) Ausweis

(Pass) (yellow in colour)

(cid:151) Personalausweis

(Identity Card) (green in colour)

(cid:151) Special residence permits issued by the L(cid:228)nder:

(cid:151) Ausweis f(cid:252)r Mitglieder des Konsularkorps

(Pass for members of the consular corps) (white in colour)

(cid:151) Ausweis

(Pass) (grey in colour)

(cid:151) Ausweis f(cid:252)r Mitglieder des Konsularkorps

(Pass for members of the consular corps) (white with green stripes)

358

EN

Official Journal of the European Communities

22.9.2000

(cid:151) Ausweis

(Pass) (yellow in colour)

(cid:151) Ausweis

(Pass) (green in colour)

(cid:151) List of persons participating in a school trip within the European Union.

GREECE

(cid:151) Adeia paqalom(cid:222)y akkodapo(cid:253) cia eqcar(cid:223)a

(Work permit)

(cid:151) Adeia paqalom(cid:222)y lek(cid:254)m oijoceme(cid:223)ay akkodapo(cid:253)

(Residence permit issued for family reunion)

(cid:151) Adeia paqalom(cid:222)y akkodapo(cid:253) cia rpotd(cid:221)y

(Residence permit for study purposes)

(cid:151) Adeia paqalom(cid:222)y akkodapo(cid:253) (vq(cid:254)la ketj(cid:252))

(Alien’s residence permit) (white)

(This document is issued to aliens who are married to Greek nationals; it is valid for one year and can be extended
for as long as the marriage lasts.)

(cid:151) Deks(cid:223)o sats(cid:252)sgsay akkodapo(cid:253) (vq(cid:254)la pq(cid:220)rimo)

(Alien’s identity card) (green)

(This document is issued only to aliens of Greek origin; it is valid for two to five years.)

(cid:151) Eidij(cid:252) Deks(cid:223)o Sats(cid:252)sgsay Olocemo(cid:253)y (vq(cid:254)la lp(cid:221)f)

(Special identity card for persons of Greek origin) (beige)

(This document is issued to Albanian nationals of Greek origin; it is valid for three years. This card is also issued to
their spouses and descendants of Greek origin, regardless of nationality, provided there is official documentation of
some kind to prove their family ties.)

(cid:151) List of persons participating in a school trip within the European Union.

SPAIN

Holders of a valid re-entry authorisation will be allowed entry without a visa.

Residence permits entitling aliens who for reasons of nationality, would normally be subject to a visa requirement to
enter Spanish territory without a visa are as follows:

(cid:151) Permiso de Residencia Inicial

(Initial residence permit)

(cid:151) Permiso de Residencia Ordinario

(Ordinary residence permit)

(cid:151) Permiso de Residencia Especial

(Special residence permit)

22.9.2000

EN

Official Journal of the European Communities

359

(cid:151) Tarjeta de Estudiante

(Student card)

(cid:151) Permiso de Residencia tipo A

(Type A residence permit)

(cid:151) Permiso de residencia tipo b

(Type b residence permit)

(cid:151) Permiso de Trabajo y de Residencia tipo B

(Type B work and residence permit)

(cid:151) Permiso de Trabajo y de Residencia tipo C

(Type C work and residence permit)

(cid:151) Permiso de Trabajo y de Residencia tipo d

(Type d work and residence permit)

(cid:151) Permiso de Trabajo y de Residencia tipo D

(Type D work and residence permit)

(cid:151) Permiso de Trabajo y de Residencia tipo E

(Type E work and residence permit)

(cid:151) Permisa de Trabajo fronterizo tipo F

(Type F border work permit)

(cid:151) Permisa de Trabajo y Residencia tipo P

(Type P work and residence permit)

(cid:151) Permisa de Trabajo y Residencia tipo Ex

(Type Ex work and residence permit)

(cid:151) Tarjeta de Reconocimiento de la excepci(cid:243)n a la necesidad de obtener Permiso de Trabajo y Permiso de Residencia

(art. 16 Ley 7/85)

(Pass recognising exemption from the need to obtain a work and residence permit (cid:151) Article 16 Law 7/85)

(cid:151) Permiso de Residencia para Refugiados

(Residence permit for refugees)

(cid:151) Lista de personas que participan en un viaje excolar dentro de la Uni(cid:243)n Europea

(List of persons participating in a school trip within the European Union)

(cid:151) Tarjeta de Familiar Residente Comunitario

(Pass for relatives of a Community resident)

(cid:151) Tarjeta temporal de Familiar de Residente Comunitario

(Temporary pass for relatives of a Community resident)

The holders of the following valid accreditation cards issued by the Ministry of Foreign Affairs may enter without a
visa:

(cid:151) Tarjeta especial (special pass, red in colour); on the cover it reads (cid:145)Cuerpo DiplomÆtico. Embajador. Documento de

Identidad(cid:146) (Diplomatic corps. Ambassador. Identity document), issued to accredited Ambassadors

360

EN

Official Journal of the European Communities

22.9.2000

(cid:151) Tarjeta especial (special pass, red in colour); on the cover it reads (cid:145)Cuerpo DiplomÆtico. Documento de Identidad(cid:146)
(Diplomatic corps. Identity document), issued to staff accredited to diplomatic missions who have diplomatic status.
An F is added to the document when issued to spouses or children

(cid:151) Tarjeta especial

Administrativo y TØcnico. Documento de Identidad(cid:146)
Identity document),
document when issued to spouses or children

(special pass, yellow in colour); on the cover

(cid:145)Misiones DiplomÆticas. Personal
(Diplomatic missions. Administrative and technical staff.
issued to administrative officials at accredited diplomatic missions. An F is added to the

reads

it

(cid:151) Tarjeta especial (special pass, red in colour); on the cover it reads (cid:145)Tarjeta DiplomÆtica de Identidad(cid:146) (Diplomatic
identity card),
issued to staff with diplomatic status at the office of the League of Arab Nations and to staff
accredited to the office of the Palestinian general mission (Oficina de la Delegaci(cid:243)n General). An F is added to the
document when issued to spouses or children

(cid:151) Tarjeta especial

(Special pass, red in colour); on the cover it reads (cid:145)Organismos Internacionales. Estatuto
DiplomÆtico. Documento de Identidad(cid:146) (International organisations. Diplomatic status. Identity document), issued to
staff with diplomatic status accredited to international organisations. An F is added to the document when issued
to spouses or children

(cid:151) Tarjeta especial

(special pass, blue in colour); on the cover it reads (cid:145)Organismos Internacionales. Personal
Administrativo y TØcnico. Documento de Identidad(cid:146) (International organisations. Administrative and technical staff.
Identity document), issued to administrative officials accredited to international organisations. An F is added to the
document when issued to spouses or children

(cid:151) Tarjeta especial (special pass, green in colour); on the cover it reads (cid:145)Funcionario Consular de Carrera. Documento
de Identidad(cid:146) (Career consular official. Identity document), issued to career consular officials accredited in Spain. An
F is added to the document when issued to spouses or children

(cid:151) Tarjeta especial (special pass, green in colour); entitled (cid:145)Empleado Consular. Emitido a (cid:133) Documento de Identidad(cid:146)
(Consular employee. Issued on behalf of (cid:133) identity document), issued to consular administrative officials accredited
in Spain. An F is added to the document when issued to spouses or children

(cid:151) Tarjeta especial

(special pass, grey in colour); entitled (cid:145)Personal de Servicio. Missiones DiplomÆticas, Oficinas
Consulares y Organismos Internacionales. Emitido a (cid:133) Documento de Identidad(cid:146) (Service duty staff. Diplomatic
missions, consular posts and international organisations. Issued on behalf of (cid:133) identity document). This is issued
to staff working in the domestic service of diplomatic missions, consular posts and international organisations
(service duty staff) and staff with career diplomatic or consular status (special servants). An F is added to the
document when issued to spouses or children

FRANCE

1. Adult aliens should be in possession of the following documents:

(cid:151) Carte de sØjour temporaire comportant une mention particuliŁre qui varie selon le motif du sØjour autorisØ

(A temporary residence permit containing particular details which will vary in accordance with the grounds for
the authorised stay)

(cid:151) Carte de rØsident

(Resident’s card)

(cid:151) Certificat de rØsidence d’AlgØrien comportant une mention particuliŁre qui varie selon le motif du sØjour

autorisØ (1 an, 10 ans)

(Algerian residence certificate marked according to the grounds for the authorised stay) (one year, 10 years)

(cid:151) Certificat de rØsidence d’AlgØrien portant la mention (cid:145)membre d’un organisme officiel(cid:146)) (2 ans)

(Algerian residence certificate marked (cid:145)member of an official organisation(cid:146)) (two years)

22.9.2000

EN

Official Journal of the European Communities

361

(cid:151) Carte de sØjour des CommunautØs europØennes (1 an, 5 ans, 10 ans)

(European Communities residence permit) (one year, five years, 10 years)

(cid:151) Carte de sØjour de l’Espace Economique EuropØen

(European Economic Area residence permit)

(cid:151) Cartes officielles valant de titre de sØjour, dØlivrØes par le MinistŁre des Affaires EtrangŁres

(Official permits with the same status as residence permits issued by the Ministry of Foreign Affairs)

(a) Cartes diplomatiques (diplomatic permits):

(cid:151) Carte portant la mention (cid:145)corps diplomatique(cid:146) dØlivrØe aux chefs de mission diplomatique (couleur

blanche)

(Permit with the heading (cid:145)diplomatic corps(cid:146) issued to heads of diplomatic missions) (white)

(cid:151) Carte portant la mention (cid:145)corps diplomatique(cid:146) dØlivrØe au personnel des reprØsentations diplomatiques

accrØditØes en France (couleur orange)

(Permit with the heading (cid:145)diplomatic corps(cid:146) issued to staff at accredited diplomatic missions in France)
(orange)

(cid:151) Carte portant la mention (cid:145)organisations internationales(cid:146) et en deuxiŁme page (cid:145)assimilØ (cid:224) un chef de

mission diplomatique(cid:146) (couleur blanche)

(Permit with the heading (cid:145)international organisations(cid:146) and on the second page (cid:145)comparable to a head
of a diplomatic mission(cid:146)) (white)

(cid:151) Carte portant la mention (cid:145)organisations internationales(cid:146) et en deuxiŁme page (cid:145)assimilØ (cid:224) un membre de

mission diplomatique(cid:146) (couleur bleue)

(Permit with the heading (cid:145)international organisations(cid:146) and on the second page (cid:145)comparable to a
member of a diplomatic mission(cid:146)) (blue).

(b) Cartes spØciales (special permits):

(cid:151) Carte spØciale portant la mention (cid:145)carte consulaire(cid:146) dØlivrØe aux fonctionnaires des postes consulaires

(couleur verte)

(Special permit with the heading (cid:145)consular permit(cid:146) issued to officials at consular posts) (green)

(cid:151) Carte

spØciale portant

la mention (cid:145)organisations

internationales(cid:146) dØlivrØe

aux fonctionnaires

internationaux des organisations situØes en France (couleur verte)

(Special permit with the heading (cid:145)international organisations(cid:146) issued to foreign officials of international
organisations based in France) (green)

(cid:151) Carte spØciale portant la mention (cid:145)carte spØciale(cid:146) dØlivrØe au personnel administratif et technique, de
nationalitØ ØtrangŁre, des missions diplomatiques et consulaires et des organisations internationales
(couleur beige)

(Special permit with the heading (cid:145)special permit(cid:146) issued to foreign administrative and technical staff
working in diplomatic missions, consular posts or international organisations) (beige)

(cid:151) Carte spØciale portant la mention (cid:145)carte spØciale(cid:146) dØlivrØe au personnel de service, de nationalitØ
ØtrangŁre, des missions diplomatiques et des postes consulaires et des organisations internationales
(couleur grise)

(Special permit with the heading (cid:145)special permit(cid:146) issued to foreign service staff working in diplomatic
missions, consular posts or international organisations) (grey)

(cid:151) Carte spØciale portant la mention (cid:145)carte spØciale(cid:146) dØlivrØe au personnel privØ, de nationalitØ ØtrangŁre,
au service des agents diplomatiques ou assimilØs, des fonctionnaires consulaires et des fonctionnaires
internationaux (couleur grise)

(Special permit with the heading (cid:145)special permit(cid:146) issued to foreign private staff working for diplomatic
officials or comparable officials, consular officials and international officials) (grey)

362

EN

Official Journal of the European Communities

22.9.2000

(cid:151) Carte spØciale portant la mention (cid:145)carte spØciale(cid:146) dØlivrØe au personnel Øtranger en mission officielle et

de statut particulier (couleur bleu-gris)

Special permit with the heading (cid:145)special permit(cid:146) issued to foreign staff on an official mission or with
special status) (blue-grey)

2. Aliens who are minors should be in possession of the following documents:

(cid:151) Document de circulation pour Øtrangers mineurs

(Travel document for alien minors)

(cid:151) Visa de retour (sans condition de nationalitØ et sans prØsentation du titre de sØjour, auquel ne sont pas soumis

les enfants mineurs)

(Return visas) (alien minors are not subject to nationality conditions or to production of residence permits)

(cid:151) Passeport diplomatique/de service/ordinaire des enfants mineurs des titulaires d’une carte spØciale du MinistŁre

des Affaires ØtrangŁres revŒtu d’un visa de circulation

(Diplomatic/service/ordinary passports for minors who are children of holders of a special pass issued by the
Ministry of Foreign Affairs to which a travel visa is affixed)

3.

List of persons participating in a school trip within the European Union.

NB 1:
It should be noted that acknowledgements of first-time applications for residence permits are not valid. In contrast,
acknowledgements of requests to renew residence permits, or to amend permits are considered valid, when these are
accompanied by the old permit.

NB 2:
The (cid:145)certificate of duty(cid:146) issued at the discretion of the Ministry of Foreign Affairs, does not constitute a replacement for
a residence permit. Holders must also be in possession of one of the ordinary law residence permits (points 1 to 6 in
the list).

ITALY

(cid:151) Carta di soggiorno (validit(cid:224) illimitata)
(Residence permit) (unlimited validity)

(cid:151) Permesso di soggiorno con esclusione delle sottoelencate tipologie:

(Residence permit with the exception of the following):

1.

2.

3.

Permesso di soggiorno provvisorio per richiesta asilo politico ai sensi della Convenzione di Dublino
(Provisional residence permit for political asylum seekers pursuant to the Dublin Convention)

Permesso di soggiorno per cure mediche
(Residence permit for medical treatment)

Permesso di soggiorno per motivi di giustizia
(Residence permit for legal reasons))

(cid:151) Carta d’identit(cid:224) M.A.E. (cid:151) Corpo diplomatico

(Identity card issued by the Ministry of Foreign Affairs (cid:151) Diplomatic Corps)

(cid:151) Carta d’identit(cid:224) (cid:151) Organizzazioni internazionali e Missioni Estere Speciali
(Identity card (cid:151) international organisations and special foreign missions)

(cid:151) Carta d’identit(cid:224) (cid:151) Rappresentanze Diplomatiche
(Identity card (cid:151) diplomatic representations)

(cid:151) Carta d’identit(cid:224) (cid:151) Corpo Consolare
(Identity card (cid:151) consular corps)

(cid:151) Carta d’identit(cid:224) (cid:151) Uffici Consolari
(Identity card (cid:151) consulates)

(cid:151) Carta d’identit(cid:224) (cid:151) Rappresentanze Diplomatiche (personale amministrativo e tecnico)
(Identity card (cid:151) diplomatic representations) (administrative and technical staff)

(cid:151) Carta d’identit(cid:224) (cid:151) Rappresentanze Diplomatiche e Consolari (personale di servizio)

(Identity card (cid:151) diplomatic and consular representations (official duty staff)

(cid:151) List of persons participating in a school trip within the European Union.

22.9.2000

EN

Official Journal of the European Communities

363

LUXEMBOURG

(cid:151) Carte d’identitØ d’Øtranger
(Alien’s identity card)

(cid:151) Autorisation de sØjour provisoire apposØe dans le passeport national
(Provisional residence authorisation affixed in national passports)

(cid:151) Carte diplomatique dØlivrØe par le MinistŁre des Affaires ØtrangŁres

(Diplomat’s pass issued by the Ministry of Foreign Affairs)

(cid:151) Titre de lØgitimation dØlivrØ par le MinistŁre des Affaires EtrangŁres au personnel administratif et technique des

Ambassades
(Certificate issued by the Ministry of Foreign Affairs to the Embassy’s administrative and technical staff)

(cid:151) Titre de lØgitimation dØlivrØ par le MinistŁre de la Justice au personnel des institutions et organisations

internationales Øtablies au Luxembourg
(Certificate issued by the Ministry for Justice to the staff of institutions and international organisations based in
Luxembourg)

(cid:151) List of persons participating in a school trip within the European Union.

THE NETHERLANDS

(cid:151) Documents take the following forms:

(cid:151) Vergunning tot vestiging (Model (cid:145)A(cid:146))

(Authorisation to settle)

(cid:151) Toelating als vluchteling (Model (cid:145)B(cid:146))
(Admission document for refugees)

(cid:151) Verblijf voor onbepaalde duur (Model (cid:145)C(cid:146))
(Residence permit for an indefinite period)

(cid:151) Vergunning tot verblijf (Model (cid:145)D(cid:146))

(Residence authorisation)

(cid:151) Voorwaardelijke vergunning tot verblijf (Model (cid:145)D(cid:146) bearing the mark (cid:145)voorwaardelijk(cid:146) (conditional))

(Conditional residence authorisation)

(cid:151) Verblijfskaart van een onderdaan van een Lid-Staat der EEG (Model (cid:145)E(cid:146))

(Residence permit for EC nationals)

(cid:151) Vergunning tot verblijf (in de vorm van een stempel in het paspoort)
(Residence authorisation (in the form of a stamp in a passport))

(cid:151) Vreemdelingendocument with the code (cid:145)A(cid:146), (cid:145)B(cid:146), (cid:145)C(cid:146), (cid:145)D(cid:146), (cid:145)E(cid:146), (cid:145)F1(cid:146), (cid:145)F2(cid:146) or (cid:145)F3(cid:146)

(Document for aliens)

(cid:151) Legitimatiebewijs voor leden van diplomatieke of consulaire posten

(Identity document for members of diplomatic missions and consular posts)

(cid:151) Legitimatiebewijs voor ambtenaren met een bijzondere status

(Identity document for officials with a special status)

(cid:151) Legitimatiebewijs voor ambtenaren van internationale organisaties
(Identity document for officials of international organisations)

364

EN

Official Journal of the European Communities

22.9.2000

(cid:151) Identiteitskaart voor leden van internationale organisaties waarvan de zetel in Nederland is gevestigd

(Identity Card for members of international organisations with which the Netherlands has concluded a headquarters
agreement)

(cid:151) Visum voor terugkeer

(Return visas)

(cid:151) List of persons participating in a school trip within the European Union.

Comment on indents 1 and 2

The issue of residence documents mentioned under indents 1 and 2 has stopped since 1 March 1994 (the issue of
Model (cid:145)D(cid:146) and the affixing of stamps in passports came to an end on 1 June 1994). Documents already in circulation
will remain valid until 1 January 1997 at the latest.

Comment on indent 3

Issue of the document for aliens has been effective since 1 March 1994. This document in the form of a credit card
will gradually replace the residence authorisations mentioned in indents 1 and 2. The code corresponding to the
category of residence will be retained.

The document for aliens marked with the code E will be issued both to EC nationals and to nationals of Contracting
States to the European Economic Area Agreement.

Conditional residence authorisations are marked with codes F1, F2 or F3.

Comment on indent 7

List of international organisations with office in the Netherlands whose members (including family members) hold
identity papers not issued by the Ministry for Foreign Affairs

1.

European Space Agency (ESA)

2.

European Patent Office (EPO)

3.

International Tea Promotion Association (ITPA)

4.

International Service for National Agricultural Research (ISNAR)

5. Technical Centre for Agricultural and Rural Cooperation (ACP)

6. United Nations University Institute for New Technologies (UNU-INTECH)

7. African Management Services Company (AMSCO SA)

AUSTRIA

(cid:151) Aufenthaltstitel in Form der Vignette entsprechend der Gemeinsamen Ma(cid:223)nahme der Europ(cid:228)ischen Union vom 16.

Dezember 1996 zur einheitlichen Gestaltung der Auftenthaltstitel

(Residence permit in the form of a sticker in accordance with the EU Joint Action of 16 December 1996
concerning a uniform format for residence permits)

As from 1 January 1998 residence permits will be issued and extended in this form only. The following will be
entered under (cid:145)type of permit(cid:146):

Niederlassungsbewilligung
Aufenthaltsrecht (temporary residence permit).

(permanent

residence

permit); Aufenthaltserlaubnis

(residence

permit),

Befr.

22.9.2000

EN

Official Journal of the European Communities

365

(cid:151) Vor dem 1.

J(cid:228)nner 1998 erteilte Aufenthaltstitel

im Rahmen der (cid:151) auch (cid:145)unbefristet(cid:146) eingetragenen (cid:151)

G(cid:252)ltigkeitsdauer:

residence permits issued before 1 January 1998 on the basis of the validity indicated, including unlimited validity:

(cid:145)Wiedereinreise (cid:151) Sichtvermerk(cid:146) oder (cid:145)Einreise (cid:151) Sichtvermerk(cid:146); wurden bis 31.12.1992 von Inlandsbeh(cid:246)rden,
aber auch von Vertretungsbeh(cid:246)rden in Form eines Stempels ausgestellt;

(Re-entry visas or entry visas issued by the Austrian authorities until 31 December 1992, but also in the form of a
stamp by the representing authorities)

(cid:145)Gew(cid:246)hnlicher Sichtvermerk(cid:146); wurde vom 1.1.1993 bis 31.12.1997 in Form einer Vignette (cid:151) ab 1.9.1996
entsprechend der VO[EG] 1683/95 (cid:151) ausgestellt;

(Ordinary visa: issued between 1 January 1993 and 31 December 1997 in the form of a sticker (cid:150) as from 1
September 1996 in accordance with EU Regulation 1683/95).

(cid:145)Aufenthaltsbewilligung(cid:146); wurde vom 1.1.1993 bis 31.12.1997 in Form einer speziellen Vignette ausgestellt;

(Residence permit: issued between 1 January 1993 and 31 December 1997, in the form of a special sticker).

(cid:151) Konventionsreisepa(cid:223), ausgestellt ab 1. Januar 1993

(Travel document, issued as of 1 January 1993)

(cid:151) Legitimationskarten f(cid:252)r Tr(cid:228)ger von Privilegien und Immunit(cid:228)ten in den Farben rot, gelb und blau, ausgestellt vom

Bundesministerium f(cid:252)r ausw(cid:228)rtige Angelegenheiten

(Accreditation pass for the bearers of privileges and immunities in red, yellow and blue issued by the Ministry for
Foreign Affairs)

(cid:151) List of pupils participating in school trips within the European Union

The following are not valid as residence permits and therefore do not entitle the holder to visa-free entry into Austria:

(cid:151) Lichtbildausweis f(cid:252)r Fremde gem(cid:228)(cid:223) § 85 Fremdengesetz 1997

(Alien’s identity card with photograph pursuant to paragraph 85 of 1997 Aliens Act)

(cid:151) Durchsetzungsaufschub und Abschiebungsaufschub nach Aufenthaltsverbot oder Ausweisung

(Stay of execution and stay of deportation following an exclusion order or expulsion order)

(cid:151) Bewilligung zur Wiedereinreise trotz bestehenden Aufenthaltsverbotes, in Form eines Visums erteilt, jedoch als eine

solche Bewilligung gekennzeichnet

(Authorisation of re-entry, despite existing exclusion order, issued in the form of a visa indicating that it is an
authorisation of this kind)

(cid:151) Vorl(cid:228)ufige Aufenthaltsberechtigung gem(cid:228)(cid:223) § 19 Asylgesetz 1997 bzw. § 7 AsylG 1991

(Provisional residence permit pursuant to paragraph 19 of the 1997 Asylum Act or paragraph 7 of the 1991
Asylum Act)

(cid:151) Befristete Aufenthaltsberechtigung gem(cid:228)(cid:223) § 15 Asylgesetz 1997 bzw. § 8 AsylG 1991 als Duldung des

Aufenthaltes trotz abgelehnten Asylantrags

(Temporary residence permit pursuant to paragraph 15 of 1997 Asylum Act or paragraph 8 of the 1991 Asylum
Act, tolerating the stay despite the rejection of the application for asylum)

PORTUGAL

(cid:151) Cartªo de Identidade (emitido pelo MinistØrio dos Neg(cid:243)cios Estrangeiros)

(Identity card issued by the Ministry of Foreign Affairs)

Corpo Consular, Chefe de Missªo

(Consular corps, Head of mission)

(cid:151) Cartªo de Identidade (emitido pelo MinistØrio dos Neg(cid:243)cios Estrangeiros)

(Identity card issued by the Ministry of Foreign Affairs)

Corpo Consular, FuncionÆrio de Missªo

(Consular corps, mission official)

366

EN

Official Journal of the European Communities

22.9.2000

(cid:151) Cartªo de Identidade (emitido pelo MinistØrio dos Neg(cid:243)cios Estrangeiros)

(Identity card issued by the Ministry of Foreign Affairs)

Pessoal Auxiliar de Missªo Estrangeira

(Auxiliary staff working in a foreign mission)

(cid:151) Cartªo de Identidade (emitido pelo MinistØrio dos Neg(cid:243)cios Estrangeiros)

(Identity card issued by the Ministry of Foreign Affairs)

FuncionÆrio Administrativo de Missªo Estrangeira

(Administrative officer working in a foreign mission)

(cid:151) Cartªo de Identidade (emitido pelo MinistØrio dos Neg(cid:243)cios Estrangeiros)

(Identity card issued by the Ministry of Foreign Affairs)

Corpo DiplomÆtico, Chefe de Missªo

(Diplomatic corps, head of mission)

(cid:151) Cartªo de Identidade (emitido pelo MinistØrio dos Neg(cid:243)cios Estrangeiros)

(Identity card issued by the Ministry of Foreign Affairs)

Corpo DiplomÆtico, FuncionÆrio de Missªo

(Diplomatic corps, mission official)

(cid:151) T(cid:237)tulo de ResidŒncia (1 Ano)

(Residence permit (cid:151) one year)

(cid:151) T(cid:237)tulo de ResidŒncia Anual (1 Ano)

(Annual residence permit (cid:151) one year)

(cid:151) T(cid:237)tulo de ResidŒncia Anual (cor de laranja)

(Annual residence permit (cid:150) orange in colour)

(cid:151) T(cid:237)tulo de ResidŒncia TemporÆrio (5 Anos)

(Temporary residence permit (cid:151) five years)

(cid:151) T(cid:237)tulo de ResidŒncia Vital(cid:237)cio

(Residence permit valid for life)

(cid:151) Cartªo de ResidŒncia de Nacional de um Estado Membro da Comunidade Europeia

(National residence permit of an EC Member State)

(cid:151) Cartªo de ResidŒncia TemporÆrio

(Temporary residence permit)

(cid:151) Cartªo de ResidŒncia

(Residence permit)

(cid:151) Autoriza(cid:231)ªo de ResidŒncia Provis(cid:243)ria

(Provisional residence authorisation)

(cid:151) T(cid:237)tulo de Identidade de Refugiado

(Refugee identity document)

22.9.2000

EN

Official Journal of the European Communities

367

CONFIDENTIAL

ANNEX 5

ANNEX 6

List of honorary consuls authorised, in exceptional cases and on a temporary basis, to issue uniform visas

In accordance with the decision taken by the Ministers and Secretaries of State at the meeting of 15 December 1992,
all the Schengen States accepted that the following honorary consuls would be authorised to issue uniform visas for the
period specified below:

The current Honorary Consul of the Netherlands

(cid:151) in Nassau (Bahamas) until one of the Schengen States sets up a Representation with career diplomats,

(cid:151) in Manama (Bahrain), for five years until the entry into force of the Convention implementing the Schengen

Agreement.

368

EN

Official Journal of the European Communities

22.9.2000

Reference amounts required for crossing borders fixed annually by the national authorities.

ANNEX 7

BELGIUM

Belgian law lays down general provisions for the verification of adequate means of subsistence, without stipulating any
mandatory rules.

The administrative practice is as follows:

(cid:151) Aliens staying with a private person

Proof of means of subsistence may be furnished by means of a sponsorship undertaking signed by the person
accommodating the alien in Belgium and authenticated by the local administrative authority of his place of
residence.

The sponsorship undertaking covers the costs of the alien’s stay, health care, accommodation and repatriation,
should the alien be unable to pay, so as to rule out payment by the public authorities. The undertaking must be
signed by a person who is solvent and,
is in possession of a residence permit or
if this person is an alien,
establishment permit.

If necessary, the alien may also be required to furnish proof of personal resources.

If he has no financial credit whatsoever, he must be able to access at least BEF 1 500 for each day of the planned
stay.

(cid:151) Aliens staying at a hotel

If the alien is unable to furnish proof of any credit whatsoever, he must be able to access at least approximately
BEF 2 000 for each day of the planned stay.

Furthermore, in most cases, the person concerned must produce a ticket (air ticket) enabling him to return to his
country of origin or residence.

GERMANY

Pursuant to Article 60(2) of the Aliens Act of 9 July 1990 (AuslG), an alien may be refused entry at the border if there
are grounds for expulsion.

This is the case if an alien is forced to claim or claims social welfare benefit from the German State for himself, for
members of his family staying on German territory or for his dependants (Article 46(6) of the Aliens Act).

Reference amounts have not been fixed for the attention of border control officials. In practice, an amount of DEM 50
per day is generally used as a basic reference. The alien must also have a return ticket or equivalent financial means.

Nevertheless, before the decision not to admit the alien is made, he must be granted the opportunity to produce, in
good time and by legal means, the financial means necessary to secure his stay on German territory, namely by
presenting:

(cid:151) a legal guarantee from a German bank,

(cid:151) a letter of guarantee from the host,

(cid:151) a telegraphic money order,

(cid:151) a guarantee deposited with the immigration authorities responsible for the stay.

22.9.2000

EN

Official Journal of the European Communities

369

GREECE

Ministerial Decree No 3011/2/1f of 11 January 1992 fixes the amount of the means of subsistence which foreign
nationals (cid:151) with the exception of nationals of the Member States of the European Community (cid:151) must have at their
disposal if they wish to enter Greek territory.

Pursuant to the abovementioned Ministerial Decree, the amount of foreign currency enabling foreign nationals of
non-member states of the European Community to enter Greece is fixed at the equivalent of GRD 5 000 in foreign
currency per person per day, and a minimum total amount of GRD 35 000.

The amount of foreign currency required per day is reduced by 50 % for minors who are members of the alien’s family.

Nationals of non-Community countries which oblige Greek nationals to change currency at the borders are also subject
to this obligation on the principle of reciprocity.

SPAIN

Aliens must prove that they have adequate means of subsistence. The minimum amount is given below:

(a)

for the costs of their stay in Spain: ESP 5 000, or the equivalent in foreign currency, multiplied by the planned
number of days of the stay in Spain and by the number of family members travelling with the person concerned.
Regardless of the planned duration of the stay, the minimum amount for which he must provide proof must
always be ESP 50 000 per person.

(b)

for their return to the state of provenance or for transit via third States: the personal, untransferable and fixed-date
ticket or tickets for the planned means of transport.

Aliens must prove that they have the above means of subsistence either by producing them if they are in cash, or by
producing certified cheques, traveller’s cheques, receipts, letters of credit or a bank certificate confirming the existence
of these means. Failing these documents, any other supporting documents recognised by the Spanish border police
authorities may be produced.

FRANCE

The reference amount for the adequate means of subsistence for the planned duration of an alien’s stay or for his
transit via France to a destination in a third state is equal to the amount of the guaranteed minimum wage in France
(SMIC) calculated daily on the basis of the rate fixed on 1 January of the current year.

This amount is regularly reassessed on the basis of the French cost of living index:

(cid:151) automatically whenever the retail price index rises more than 2 %,

(cid:151) by a governmental decision (cid:151) after consultation with the national commission for collective bargaining (cid:151) to

grant a rise higher than the rise in the retail price index.

As of 1 July 1998, the daily amount of the SMIC (minimum wage) is FRF 302.

Holders of an accommodation certificate must possess a minimum amount of money, equivalent to half the SMIC, in
order to stay in France. This amount is therefore FRF 151 per day.

ITALY

A precise amount has never been fixed for the means of subsistence of which non-Community nationals wishing to
stay in Italy must provide proof to the border control authorities, despite the fact that these means of subsistence are
given a general mention in Article 3(5) of Law No 39 of 28 February 1990 on the (cid:145)Urgent standards for matters of
political asylum, entry and stay for non-Community nationals and for matters governing the stay of non-Community
nationals and stateless persons already on national territory(cid:146).

370

EN

Official Journal of the European Communities

22.9.2000

In fact, it is at the discretion of border control officials to assess whether the alien has adequate financial means. This
assessment is based on the duration of and reason for the stay, on the alien’s nationality (so as to determine whether
the alien belongs to a state which is sensitive in terms of immigration), on the alien’s personal circumstances and on
the mode of transport used.

The alien may prove that he has the necessary financial means by producing cash, credit cards or other evidence of
credit (e.g. traveller’s cheques).

Pursuant to Article 3(6) of the abovementioned Law, the alien is not deemed to be without means of subsistence if he
is able to submit documents certifying that he has property in Italy or that he has an occupation with a regular income
there (e.g. work permit) or
that an institution, company or private person has promised to guarantee his
accommodation or subsistence and his return home.

Failing any of the above, the alien must always have a return ticket or, at least, equivalent funds (including the money
necessary to return home plus the amount considered necessary to cover his expenses during his stay).

LUXEMBOURG

The law of Luxembourg does not provide for any reference amount for border controls. The official carrying out the
control decides on a case-by-case basis whether an alien approaching the border has adequate means of subsistence. To
this end, the official takes into account the purpose of the stay and the type of accommodation.

THE NETHERLANDS

The amount which border control officials take as a basis when verifying means of subsistence is currently NLG 75 per
person per day.

The application of this criterion is flexible since the required amount of the means of subsistence is determined on the
basis of the planned duration of the stay, the reason for the visit and the personal circumstances of the person
concerned.

AUSTRIA

Pursuant to Article 32(2) Z 3 of the law on aliens, aliens shall be turned away at the border if they have no place of
residence in Austria and do not have sufficient means of subsistence to meet the costs of their stay and return.

However, there are no reference amounts for the above. Decisions are made on a case-by-case basis depending on the
purpose, type and duration of the stay. Cash and (cid:151) depending on the circumstances of the individual case (cid:151)
traveller’s cheques, credit cards, bank guarantees or letters of guarantee from solvent persons living in Austria may be
accepted as proof.

PORTUGAL

Aliens must be in possession of the following amounts if they wish to enter or stay in Portugal:

(cid:151) PTE 15 000 (cid:151) for each entry,

(cid:151) PTE 8 000 (cid:151) for each day spent on the territory.

Aliens who are able to prove that their board and lodging are guaranteed for the duration of their stay may be
exempted from paying the above amounts.

22.9.2000

EN

Official Journal of the European Communities

371

ANNEX 8

Uniform format for visa-stickers and information on their technical specifications and security features.

The technical specifications and security features contained in Council Regulation (EC) No 1683/95 laying down a
uniform format for visas have been in force since 7 September 1996.

COUNCIL REGULATION (EC) No 1683/95

of 29 May 1995

laying down a uniform format for visas

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, in particular Article 100c(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas Article 100c(3) of the Treaty requires the Council to
adopt measures relating to a uniform format for visas before
1 January 1996;

Whereas the introduction of a uniform format for visas is an
important step towards the harmonisation of visa policy;
whereas Article 7a of the Treaty stipulates that the internal
market shall comprise an area without internal
frontiers in
which the free movement of persons is ensured in accordance
with the provisions of the Treaty; whereas this step is also to
be regarded as forming a coherent whole with measures falling
within Title VI of the Treaty on European Union;

standards, notably as

Whereas it is essential that the uniform format for visas should
the necessary information and meet very high
contain all
technical
safeguards against
regards
counterfeiting and falsification; whereas it must also be suited
to use by all
the Member States and bear universally
recognisable security features which are clearly visible to the
naked eye;

secret; whereas

Whereas this Regulation only lays down such specifications as
are not
these specifications need to be
supplemented by further specifications which must remain
secret in order to prevent counterfeiting and falsification and
which may not include personal data or references to such
data; whereas powers to adopt further specifications should be
conferred on the Commission;

essential that each Member State should designate not more
than one body having responsibility for printing the uniform
format for visas, with Member States remaining free to change
the body,
for security reasons, each
Member State must communicate the name of the competent
body to the Commission and the other Member States;

if need be; whereas,

Whereas, to be effective, this Regulation should apply to all
visas covered by Article 5; whereas Member States should be
free also to use the uniform visa format for visas which can be
used for purposes other than those covered by Article 5
provided differences visible to the naked eye are incorporated
to make confusion with the uniform visa impossible;

Whereas, with regard to the personal data to be entered on the
uniform format for visas in accordance with the Annex hereto,
States’
compliance
data-protection provisions
relevant
Community legislation,

ensured with Member
as with the
as well

should

be

HAS ADOPTED THIS REGULATION:

Article 1

Visas issued by the Member States in conformity with Article 5
shall be produced in the form of a uniform format (sticker).
They shall conform to the specifications set out in the Annex.

Article 2

Further technical specifications which render the visa difficult
to counterfeit or falsify shall be laid down in accordance with
the procedure set out in Article 6.

Article 3

Whereas, to ensure that the information referred to is not
is also
made available to more persons than necessary,

it

1.
The specifications referred to in Article 2 shall be secret
and not be published. They shall be made available only to

372

EN

Official Journal of the European Communities

22.9.2000

bodies designated by the Member States as responsible for
printing and to persons duly authorised by a Member State or
the Commission.

2.
Each Member State shall designate one body to the
Commission and the other Member States. The same body
may be designated by two or more Member States for this
purpose. Each Member State shall be entitled to change its
designated body. It shall inform the Commission and the other
Member States accordingly.

the Commission shall submit

The representative of
to the
committee a draft of the measures to be taken. The committee
shall deliver its opinion on the draft within a time limit which
the chairman may lay down according to the urgency of the
matter. The opinion shall be delivered by the majority laid
down in Article 148(2) of the Treaty in the case of decisions
which the Council is required to adopt on a proposal from the
Commission. The votes of the representatives of the Member
States within the committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.

Article 4

extensive
to the
1. Without prejudice
provisions concerning data protection, an individual to whom
a visa is issued shall have the right to verify the personal
particulars entered on the visa and, where appropriate, to ask
for any corrections or deletions to be made.

relevant more

2.
No information in machine-readable form shall be given
on the uniform format for visas unless it also appears in the
boxes described in points 6 to 12 of the Annex, or unless it is
mentioned in the relevant travel document.

Article 5

For the purposes of this Regulation a (cid:145)visa(cid:146) shall mean an
authorisation given by or a decision taken by a Member State
which is required for entry into its territory with a view to:

(cid:151) an intended stay in that Member State or

in several

Member States of no more than three months in all,

(cid:151) transit through the territory or airport transit zone of that

Member State or several Member States.

3.

(a) The Commission shall adopt the measures envisaged if
they are in accordance with the opinion of
the
committee.

(b) If the measures envisaged are not in accordance with
the opinion of
the committee, or if no opinion is
delivered, the Commission shall, without delay, submit
to the Council a proposal relating to the measures to
be taken. The Council shall act by a qualified majority.

If, on the expiry of a period of
the
Council has not acted, the proposed measures shall be
adopted by the Commission, save where the Council
has decided against
the said measures by a simple
majority.

two months,

Article 7

Where Member States use the uniform visa format
for
purposes other than those covered by Article 5, appropriate
measures must be taken to ensure that confusion with the visa
referred to in Article 5 is not possible.

Article 6

Article 8

1. Where reference is made to the procedure defined in this
Article, the following provisions shall apply.

2.
The Commission shall be assisted by a committee
composed of the representatives of the Member States and
chaired by the representative of the Commission.

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

Article 1 shall become applicable six months after
adoption of the measures referred to in Article 2.

the

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 May 1995.

For the Council

The President

H. de CHARETTE

22.9.2000

EN

Official Journal of the European Communities

373

ANNEX

1. A sign consisting of nine ellipses in a fan-shape shall appear in this space.

Security features

2. An optically variable mark ((cid:145)kinegram(cid:146) or equivalent) shall appear in this space. Depending on the angle of view,

12 stars, the letter (cid:145)E(cid:146) and a globe become visible in various sizes and colours.

3. The logo consisting of a letter or letters indicating the issuing Member State (or (cid:145)BNL(cid:146) in the case of the Benelux
countries, namely Belgium, Luxembourg and the Netherlands) with a latent image effect shall appear in this space.
This logo shall appear light when held flat and dark when turned by 90 (cid:176). The following logos shall be used: A for
Austria, BNL for Benelux, D for Germany, DK for Denmark, E for Spain, F for France, FIN for Finland, GR for
Greece, 1 for Italy, IRL for Ireland, P for Portugal, S for Sweden, UK for the United Kingdom.

4. The word (cid:145)visa(cid:146) in capital letters shall appear in the middle of this space in optically variable colouring. Depending

on the angle of view, it shall appear green or red.

5. This box shall contain the number of the visa, which shall be pre-printed and shall begin with the letter or letters

indicating the issuing country as described in point 3 above. A special type shall be used.

Sections to be completed

6. This box shall begin with the words (cid:145)valid for(cid:146). The issuing authority shall indicate the territory or territories for

which the visa is valid.

7. This box shall begin with the word (cid:145)from(cid:146) and the word ’until’ shall appear further along the line. The issuing

authority shall indicate here the period of validity of the visa.

8. This box shall begin with the words (cid:145)number of entries(cid:146) and further along the line the words (cid:145)duration of stay(cid:146)

(i.e. duration of applicants’ intended stay) and again (cid:145)days(cid:146) shall appear..

9. This box shall begin with the words (cid:145)issued in(cid:146) and shall be used to indicate the place of issue.

374

EN

Official Journal of the European Communities

22.9.2000

10. This box shall begin with the word (cid:145)on(cid:146) (after which the date of issue shall be filled in by the issuing authority) and
further along the line the words (cid:145)number of passport(cid:146) shall appear (after which the holder’s passport number shall
appear).

11. This box shall begin with the words (cid:145)type of visa(cid:146). The issuing authority shall indicate the category of visa in

conformity with Articles 5 and 7 of this Regulation.

12. This box shall begin with the word (cid:145)remarks(cid:146). It shall be used by the issuing authority to indicate any further
information which is considered necessary, provided that it complies with Article 4 of this Regulation. The
following two and a half lines shall be left empty for such remarks.

13. This box shall contain the relevant machine-readable information to facilitate external border controls.

The paper shall be pastel green with red and blue markings.

The words designating the boxes shall appear in English and French. The issuing State may add a third official
Community language. However, the word (cid:145)visa(cid:146)
language of the
Community.

in the top line may appear in any one official

22.9.2000

EN

Official Journal of the European Communities

375

CONFIDENTIAL

CONFIDENTIAL

ANNEX 9

ANNEX 10

ANNEX 11

Criteria for travel documents to which a visa may be affixed

The travel documents outlined below shall be considered valid for the purposes of Article 17(3)(a) of the Convention
implementing the Schengen Agreement, provided that they attest to the holder’s identity and, in the cases mentioned
under points (a) and (b), the holder’s nationality or citizenship and provided that they fulfil the conditions under
Articles 13 and 14.

(a) Travel documents issued in accordance with international rules applied by countries or regional and local bodies

recognised by all Member States.

(b) The passports or travel documents which, although issued by the countries or international bodies not recognised
by all Member States, guarantee that the alien will return and provided that the Executive Committee recognises
these as valid documents on which to affix the uniform visa (alternatively affixed on a separate sheet) of a joint
visa. The unanimous approval of the Executive Committee shall be required for:

(cid:151) the list of these passports or travel documents,

(cid:151) the list of countries or entities that are not recognised, which have issued documents.

The possible compilation of these lists, which shall only apply to the requirements for implementing the Schengen
Convention, shall not prejudice Member States’ recognition of countries or regional and local entities that are not
recognised.

(c) Travel documents for refugees, issued in accordance with the Convention of 1951 on the Status of Refugees.

(d) Travel documents for stateless persons issued in accordance with Convention of 1954 on the Status of Stateless

Persons (1).

(1) Portugal and Austria, although not Contracting Parties to this Convention, accept that travel documents issued in accordance with

this Convention may bear the uniform visa issued by the Schengen States.

376

EN

Official Journal of the European Communities

22.9.2000

ANNEX 12

Fees, in euro, to be charged when issuing uniform visas

A. Airport transit visas

B.

Transit visas (one, two or multiple entries)

EUR 10

EUR 10

C1. Very short-stay visas (maximum 30 days)

EUR 15 to 25

C2. Short-stay visas (maximum 90 days)

EUR 30 + EUR 5 from the second entry, when there are
multiple entries

C3. Multiple entry visas, valid for one year

EUR 50

C4. Multiple entry visas, valid for a maximum of five

EUR 50 + EUR 30 for each additional year

years

D. National long-stay visas

(cid:151) Visas with limited territorial validity

(cid:151) Visas issued at the border

The amount shall be fixed by the Contracting Parties,
who may decide to issue these visas free of charge

The amount shall be at least equal to 50 % of the amount
fixed for category A, B and C visas

The amount shall be double that of the category of visa
issued. These visas may be issued free of charge

(cid:151) Group visas, categories A and B (5 to 50 persons)

EUR 10 + EUR 1 per person

(cid:151) Group visas, category C1 (30 days), one or two

EUR 30 + EUR 1 per person

entries (5 to 50 persons)

(cid:151) Group visas, category C1 (30 days), more than two

EUR 30 + EUR 3 per person

entries (5 to 50 persons)

Rules:

I.

II.

These fees shall be paid in a convertible currency or in the national currency on the basis of the official exchange
rates in force.

In individual cases, the amount of fees to be charged may be reduced or may be waived in accordance with
national law when this protects cultural interests, in the field of foreign policy, development policy or other areas
of vital public interest.

III. Group visas are issued in accordance with national law, for a maximum of 30 days.

22.9.2000

EN

Official Journal of the European Communities

377

ANNEX 13

Guidelines on how to complete visa-stickers

Please note: in general, visas can be issued at the earliest three months before they are first used.

378

EN

Official Journal of the European Communities

22.9.2000

AIRPORT TRANSIT VISAS (ATVs)

It is pointed out that only nationals of certain (cid:145)sensitive(cid:146) countries (see Annex 3) are subject to an ATV. ATV holders
may not leave the international section of the airport through which they travel in transit.

Example 1

SINGLE-ENTRY AIRPORT TRANSIT VISAS

(cid:151) Type of visa: ATVs bear the identification code A

(cid:151) The single-entry ATV gives access to one country only (France in this example)

(cid:151) The duration of validity is calculated from the date of departure (e.g. 01.02.00); the term is established by adding a

period of grace of seven days in case the visa holder postpones departure

(cid:151) ATVs do not give right to residence, the heading (cid:145)residence(cid:146) should be crossed out with XXX

22.9.2000

EN

Official Journal of the European Communities

379

Example 2(a)

DUAL-ENTRY (RETURN) ATVs (valid in one country only)

(cid:151) The return ATV authorises airport transit for both outward and return journeys

(cid:151) The duration of the visa’s validity is calculated as follows: date of the return journey + seven days (in the example

shown: Return date 15.02.00)

(cid:151) If transit is foreseen through one airport only, the name of the country concerned is entered under the heading
(cid:145)valid for(cid:146) (see example 2a). If transit is made exceptionally via two different Schengen countries on the outward
and return journeys, the visa is marked (cid:145)Schengen States(cid:146) (see example 2b)

380

EN

Official Journal of the European Communities

22.9.2000

Example 2(b)

DUAL-ENTRY ATVs (valid in several countries)

(cid:145)Schengen States(cid:146) should be entered under the heading (cid:145)valid for(cid:146) to enable transit via two airports situated in two
different countries

22.9.2000

EN

Official Journal of the European Communities

381

Example 3

MULTIPLE-ENTRY ATVs (should only be issued in exceptional cases)

(cid:151) For multiple-entry ATVs (enabling several transits) the term of the visa’s validity is calculated as follows: date of

first departure + three months

(cid:151) For entries under the heading (cid:145)valid for(cid:146), the same rule applies as for dual-entry ATVs

382

EN

Official Journal of the European Communities

22.9.2000

TRANSIT VISAS

Example 4

SINGLE-ENTRY TRANSIT VISAS

(cid:151) Type of visa: the transit visa bears the identification code B. It is recommended to add the word (cid:145)TRANSIT(cid:146)

(cid:151) The duration of validity is calculated from the date of departure (e.g. 01.02.00). The term is fixed as follows: date
of departure + (five days maximum) + seven days (period of grace in case the visa holder postpones departure)

(cid:151) The duration of the transit may not exceed five days

22.9.2000

EN

Official Journal of the European Communities

383

Example 5

DUAL-ENTRY TRANSIT VISAS

(cid:151) The duration of validity: when the date of different transit journeys is not known, which is generally the case, the

period of validity is calculated as follows: date of departure + six months

(cid:151) The duration of the transit may not exceed five days

384

EN

Official Journal of the European Communities

22.9.2000

Example 6

MULTIPLE-ENTRY TRANSIT VISAS

(cid:151) The duration of validity is calculated in the same way as for dual-entry transit visas (see example 5)

(cid:151) The duration of the stay may not exceed five days in transit

22.9.2000

EN

Official Journal of the European Communities

385

SHORT-STAY VISAS

Example 7

SINGLE-ENTRY SHORT-STAY VISAS

(cid:151) Type of visa: the short-stay visa bears the identification code C

(cid:151) The duration of the visa’s validity is calculated as follows: from the date of departure (e.g. 01.02.00). The period is

fixed as follows: date of departure + duration of stay + period of grace of 15 days

(cid:151) The duration of the stay may not exceed 90 days in any six-month period (30 days in the example shown here)

386

EN

Official Journal of the European Communities

22.9.2000

Example 8

MULTIPLE-ENTRY SHORT-STAY VISA

(cid:151) The duration of validity is calculated from the date of departure + six months maximum on the basis of the

documentary evidence provided

(cid:151) The duration of the stay may not exceed 90 days in any six-month period (as in the example shown here, but the
duration may also be less). The duration of the stay is that of the cumulative total of successive stays. This is also
based on the documentary evidence provided

22.9.2000

EN

Official Journal of the European Communities

387

Example 9

SHORT-STAY TRAVEL VISA

(cid:151) This is a multiple-entry short-stay visa which is valid for over six months or one, two, three years, five years in

exceptional cases (e.g. VIPs).

In the example shown here the validity is three years

(cid:151) The same rules apply to the duration of the stay as in example 8 (90 days maximum)

388

EN

Official Journal of the European Communities

22.9.2000

VISAS WITH LIMITED TERRITORIAL VALIDITY (LTV VISAS)

The LTV visa can be either a short-stay visa or a transit visa.

The limitation of validity may apply to one or to several States.

Example 10

SHORT-STAY LTV VISAS, ONE COUNTRY ONLY

(cid:151) In this example, the territorial validity is limited to one country only, i.e. France

(cid:151) The short-stay LTV visa bears the identification code C (as in example 7)

22.9.2000

EN

Official Journal of the European Communities

389

Example 11

SHORT-STAY LTV VISAS, VALIDITY LIMITED TO SEVERAL COUNTRIES

(cid:151) In this case, the following country codes indicating the countries for which the visa is valid are entered under the
the

(Belgium: B, Germany: D, Greece: GR, Spain: E, France: F,

heading (cid:145)valid for(cid:146):
Netherlands: NL, Austria: A, Portugal: P. In the case of the Benelux countries: BNL)

I, Luxembourg: L,

Italy:

(cid:151) In the example shown, the territorial validity is limited to France and Spain

390

EN

Official Journal of the European Communities

22.9.2000

Example 12

TRANSIT LTV VISAS, ONE COUNTRY

(cid:151) The transit visa bears the identification code B under the heading for the type of visa

(cid:151) In the example shown, the visa is limited to French territory

22.9.2000

EN

Official Journal of the European Communities

391

ACCOMPANYING PERSONS

Example 13

(cid:151) In this case, one or more children and in exceptional circumstances, a spouse travel on one passport

(cid:151) If one or more children travelling on the travel document are covered by a visa, under the heading (cid:145)passport
number(cid:146), after the passport number, (cid:145)+ nX(cid:146) is added, indicating the number of children, and if a spouse is travelling
on the passport (cid:145)+ Y(cid:146) is added. In the example shown here (single-entry, short-stay visa, with a duration of stay of
30 days) the visa is issued for the passport holder, three children and the passport holder’s spouse

392

EN

Official Journal of the European Communities

22.9.2000

VISA ISSUED BY REPRESENTATION

Example 14

The above visa was issued by a consular post of a Schengen State representing another Schengen State.

In this case, under the heading (cid:145)Observations(cid:146), the letter (cid:145)R(cid:146) must be entered, followed by the country code of the
country on whose behalf the visa was issued.

The country codes to be used are as follows:

Belgium:

Germany:

Greece:

Spain:

France:

Italy:

Luxembourg:

B

D

GR

E

F

I

L

The Netherlands: NL

Austria:

Portugal:

A

P

In the above example, the Belgian Embassy in Brazzaville issued a visa on behalf of Spain.

22.9.2000

EN

Official Journal of the European Communities

393

SUMMARY

(cid:145)VALID FOR(cid:146)

(cid:145)TYPE(cid:146)

(cid:145)NUMBER OF
ENTRIES(cid:146)

(cid:145)FROM(cid:146) (cid:133) (cid:145)TO(cid:146)

(cid:145)MAXIMUM
DURATION OF
VISIT(cid:146)
(in days)

Airport
transit visas
(ATVs)

FRANCE
(for example)
or
SCHENGEN STATES

Transit
visas

SCHENGEN STATES
or
FRANCE
(for example)

Short-stay
visas

SCHENGEN STATES
or
FRANCE
(for example)

A

B

01

02

Departure date

Departure date

MULT (1)

First departure date

01

02

Departure date

First departure date

MULT (1)

First departure date

Departure date + seven
days

XXX

Date of return + seven
days

First departure date +
number of months
authorised (maximum
three months)

Departure date + duration
of visit + seven days

First departure date +
number of months
authorised (maximum six
months)

XXX
or
from 1 to 5

C

01

Departure date

Departure date + duration
of visit + 15 days

from 1 to 90

MULT (2)

First departure date

First departure date +
number of months
authorised (maximum five
years)

(1) MULT means several trips, thus more than two entries.
(2) MULT means several trips, thus more than one entry.

394

EN

Official Journal of the European Communities

22.9.2000

ANNEX 14

Rules and procedures governing information to be sent by Contracting Parties when issuing visas with limited
territorial validity, when cancelling, revoking and reducing the duration of a uniform visa’s validity and when
issuing national residence permits

1.

INFORMATION WHEN ISSUING VISAS WITH LIMITED TERRITORIAL VALIDITY

1.1. General conditions

In order that authorisation to enter the national territory of Schengen Contracting Parties can be granted,
nationals from a third country should generally fulfil the conditions laid down in Article 5(1) of the Convention
implementing the Schengen Agreement.

If a national from a third country does not fulfil all these conditions, entry or the issue of a visa shall be refused
except if a Contracting Party considers it necessary to derogate from this rule for humanitarian reasons, on
grounds of national interest, or due to international obligations. In such cases, the Contracting Party concerned
may only issue a visa with limited territorial validity (LTV) and must inform the other Contracting Parties
(Articles 5(2) and 16 of the Schengen Convention).

The issue of short-stay LTVs is in accordance with the Schengen Convention and the Common Consular
Instructions on Visas (SCH/II-Visa (93) 11, 6 Rev., 4 corr., Chapter V, point 3) generally subject to the following
conditions:

(a) LTVs are issued by way of exception. The conditions under which this type of visa is issued shall be

carefully examined on a case-by-case basis;

(b)

this does not mean that the Schengen Contracting Parties will use and abuse the possibility to issue LTVs;
this would not be in keeping with the principles and objectives of Schengen. Given that the number of LTVs
being issued will most probably be small,
it is not necessary to envisage an automated procedure for
informing the other Contracting Parties.

1.2. Rules of procedure

When defining rules of procedure governing the information to be sent by Contracting Parties when issuing
LTVs, a distinction shall be made between visas issued by diplomatic and consular representations and visas
issued by the border authorities. The rules of procedure in use are as follows.

1.2.1. Issue of visas by diplomatic and consular representations

In general, the rules laid down for the provisional arrangements for consultation with the central authorities
(Article 17(2) of the Schengen Convention shall apply mutatis mutandis to the information procedure used by the
other Contracting Parties (see Doc. SCH/II-Visa (94)7). Where different rules are used, these shall be notified by
the Contracting Parties concerned. In general, information shall be sent within 72 hours.

1.2.2. Issue of visas by the border authorities

In this case, information shall be sent within 72 hours to the central authorities of the other Contracting Parties.

1.2.3. The Contracting Parties must designate which contact points should receive this information.

1.2.4. When setting up an automated procedure to enable consultation between the central authorities (Article 17(2) of
the Schengen Convention), this shall include a provision ensuring that other Contracting Parties are informed of
the issue of an LTV where the LTV is issued as a result of an objection to the issue of a Schengen visa on the
part of one (or more) Contracting Party/Parties), in the framework of consultation. Where LTVs are issued in
other circumstances, this procedure cannot be used for sending information between States.

22.9.2000

EN

Official Journal of the European Communities

395

1.2.5. The following information shall be sent to the Contracting Parties:

surname, first name, and date of birth of visa holder

nationality of visa holder

date and place of issue of LTV

reasons for issuing visas with limited territorial validity:

(cid:151) humanitarian reasons

(cid:151) reasons of national interest

(cid:151) international obligations

(cid:151) travel document which is not valid in all Contracting Parties

(cid:151) second issue of a visa within a six-month period

(cid:151) in emergencies, there was no consultation with the central authorities

(cid:151) the central authorities of a Contracting Party raised objections during consultation

2.

CANCELLING, REVOKING AND REDUCING THE DURATION OF VALIDITY OF A UNIFORM VISA

In accordance with the principles adopted by the Executive Committee when cancelling, revoking and reducing
the duration of a uniform visa’s validity (SCH/Com-ex (93)24), the following information must be sent to the
other Contracting Parties.

2.1. Cancelling visas

Cancelling a Schengen visa aims to prevent persons entering the territory of the Contracting Parties when it
transpires after a visa has been issued that these persons do not fulfil the conditions warranting the issue of a
visa.

Contracting Parties who cancel a visa issued by another Contracting Party shall generally inform the central
authorities of the issuing State within 72 hours.

This notification shall contain the following information:

surname, first name, and date of birth of visa holder

nationality of visa holder

type and number of travel document

number of the visa-sticker

Category of visa

Date and place of visa issue

Date and reasons for cancellation

2.2. Revoking visas

Revoking a visa permits cancellation, even after entry to the territory, of the remaining duration of a visa’s
validity.

396

EN

Official Journal of the European Communities

22.9.2000

A Contracting Party who revokes a uniform visa shall generally inform the issuing Contracting Party within 72
hours. This notification shall contain the same information as mentioned under point 2.1.

2.3. Reducing the duration of a visa’s validity

When a Schengen State reduces the duration of validity of a visa issued by another Contracting Party, it shall
generally inform this Contracting Party’s central authorities within 72 hours. This notification shall contain the
same information as mentioned under point 2.1.

2.4.

Procedure

The information sent to the Contracting Party who issued the visa when the duration of a visa’s validity is
cancelled, revoked or reduced shall generally be sent to the central authority designated by this Contracting
Party.

3.

INFORMATION ON NATIONAL RESIDENCE PERMITS (ARTICLE 25)

Article 25(1) lays down that where a Contracting Party considers issuing a residence permit to an alien for
whom an alert has been issued for the purposes of refusing entry, it shall first consult the issuing Contracting
Party and shall take account of its interests: the residence permit shall be issued only for serious reasons, in
particular of a humanitarian nature or arising from international obligations.

The second subparagraph in Article 25(1) provides that the Contracting Party issuing the alert shall withdraw
the alert, but may still put the alien concerned on its national list of alerts.

The application of the provisions mentioned above involves two instances of information transmission between the
Contracting Party intending to issue the residence permit and the Contracting Party issuing the alert:

(cid:151) prior consultation with the Contracting Party issuing the alert to take account of its interests and

(cid:151) information about the issue of the residence permit, so that the Contracting Party issuing the alert can withdraw it.

In accordance with the provisions of Article 25(2) of the Schengen Convention, the issuing Contracting Party issuing
the alert must also undertake consultation if it only transpires a posteriori, i.e. after the residence permit has been issued,
that an alert has been issued for the purposes of refusing entry to the holder of the residence permit.

In view of the underlying principles of the Schengen Convention, the issue of a residence permit to nationals from a
third country for whom an alert has been issued for the purposes of refusing entry by one of the Contracting Parties
shall also be limited to exceptional circumstances.

With regard to the consultation referred to in Article 25 of the Convention, this action is highly dependent on the
functioning of the Schengen information system (SIS). It should be examined if this information could be sent via the
forthcoming Sirene procedure.

The rules of procedure outlined in this note shall be re-examined from the point of view of their practical applicability
at the latest 12 months after the Convention implementing the Schengen Agreement has been brought into force.

22.9.2000

EN

Official Journal of the European Communities

397

Model harmonised forms providing proof of invitation, sponsorship and accommodation drawn up by the
Contracting Parties

ANNEX 15

Bundesrepublik Deutschland

VERPFLICHTUNGSERKL(cid:190)RUNG
DE´ CLARATION DE PRISE EN CHARGE
FORMAL OBLIGATION

D 00000000

Bundesdruckerei
Artikel-Nr. 10150

Ich, der/die Unterzeichnende

Je, soussigne´ (e)

I, the undersigned

Name / Nom / Surname

P

Vorname(n) / Pre´ nom(s) / First name

Geburtstag und -ort / Ne´ (e) le / a` / Date and place of birth

Staatsangeh(cid:246)rigkeit / Nationalite´ / Nationality

Identit(cid:228)tsdokument (1) / Aufenthaltstitel (2) / Document d’identite´ (1) / Titre de se´ jour (2)
Identity card (1) / Residence title (2)

wohnhaft in / Adresse / Address

Beruf / Profession / Profession

Zust(cid:228)ndige Beh(cid:246)rde
Autorite´ compe´ tente
Competent authority

verpflichte mich gegen(cid:252)ber
der Ausl(cid:228)nderbeh(cid:246)rde/Aus-
landsvertretung, f(cid:252)r

m’engage aupre` s du ser-
vice des e´ trangers/de la
repre´ sentation diplomatique
a` he´ berger

take full responsibility
towards the aliens
authority/diplomatic
representation for
accommodating

Name / Nom / Surname

Vorname(n) / Pre´ nom(s) / First name

Geburtstag und -ort / Ne´ (e) le / a` / Date and place of birth

Staatsangeh(cid:246)rigkeit / Nationalite´ / Nationality

Reisepass Nr. / Passeport no / Passport No

wohnhaft in / Adresse / Address

Verwandschaftsbeziehung mit dem Antragsteller / Lien de parente´ avec le demandeur / Family
relationship to applicant

und folgende sie/ihn begleitende Personen, nur Ehegatten (3) / accompagne´ (e) de son conjoint (3)
/ accompanied by his or her spouse (3)

und Kinder (3) / accompagne´ (e) de ses enfants (3) / accompanied by children (3)

vom … an bis zum … / du … au … / from … to …

( 1)
Art / type / type
Nummer / nume´ ro / number

( 2)
Nur bei
Ausl(cid:228)ndern,
Art des Titels

seulement pour
les e´ trangers
type de titre

applicable to
foreigners only,
type of title

( 3)
Name / nom / surname
Vorname / pre´ nom / first name
Geburtstag / date de naissance / date of birth
Geschlecht / sexe / sex

nach § 84 des Ausl(cid:228)nderge-
setzes die Kosten f(cid:252)r den
Lebensunterhalt und nach
§§ 82 und 83 des Ausl(cid:228)n-
dergesetzes die Kosten f(cid:252)r
die Ausreise o. g. Ausl(cid:228)n-
ders/in zu tragen.

et a` prendre en charge le
co(cid:223)t de la vie conforme´ -
ment au § 84 de la loi sur
les e´ trangers et les frais de
retour de l’e´ tranger ci-
dessus conforme´ ment aux
§§ 82 et 83 de la loi sur les
e´ trangers.

and for bearing the living
costs according to § 84 of
the Aliens Act and the
departure costs of the
above foreigner according
to §§ 82 and 83 of the
Aliens Act.

Die Verpflichtung umfasst die Erstattung s(cid:228)mtlicher (cid:246)ffentlicher Mittel, die f(cid:252)r den Lebensunterhalt einschließlich der Versorgung mit
Wohnraum und der Versorgung im Krankheitsfall und bei Pflegebed(cid:252)rftigkeit aufgewendet werden (z. B. Arztbesuch, Medikamente,
Krankenhausaufenthalt). Dies gilt auch, soweit die Aufwendungen auf einem gesetzlichen Anspruch beruhen, im Gegensatz zu Auf-
wendungen, die auf einer Beitragsleistung beruhen.

Die vorliegende Verpflichtung umfasst auch die Ausreisekosten (z. B. Flugticket) o. g. Ausl(cid:228)nders/in nach §§ 82 und 83 des Ausl(cid:228)n-
dergesetzes.

Ich wurde von der Ausl(cid:228)nderbeh(cid:246)rde hingewiesen auf

— den Umfang und die Dauer der Haftung,

— die M(cid:246)glichkeit von Versicherungsschutz,

— die zwangsweise Beitreibung der aufgewendeten Kosten im Wege der Vollstreckung, soweit ich meiner Verpflichtung nicht nach-

komme, sowie

— die Strafbarkeit z. B. bei vors(cid:228)tzlichen, unrichtigen oder unvollst(cid:228)ndigen Angaben (§ 92 des Ausl(cid:228)ndergesetzes — Freiheitsstrafe

bis zu drei Jahren oder Geldstrafe).

Ich best(cid:228)tige, zu der Verpflichtung aufgrund meiner wirtschaftlichen Verh(cid:228)ltnisse in der Lage zu sein.

Beh(cid:246)rden-
vermerke

Re´ serve´ a`
l'administration

Official
remarks

Anschrift der Wohnung, in der die Unterschrift sichergestellt wird, falls abweichend vom
gew(cid:246)hnlichen Wohnsitz des Unterkunftgebers /

Adresse du logement dans lequel l’he´ bergement sera assure´ , au cas o(cid:156) il serait diffe´ rent
du logement habituel de l’he´ bergeant /

Address of the lodging where accommodation will be provided, if different from the under-
signed's normal address

Ich bin / j’en suis / I am

Mieter
locataire
tenant

Eigent(cid:252)mer
proprie´ taire
owner

Arbeitgeber / Employeur / Employer

Sonstige Angaben zu Wohn-, Einkommens- und Verm(cid:246)gensverh(cid:228)ltnissen (Gr(cid:246)ße der Woh-
nung, H(cid:246)he des Einkommens) /

Renseignements comple´ mentaires concernant le logement,
financie` re /

les revenus et la situation

Other details of housing conditions, income and financial situation

Geb(cid:252)hren

Der/die Verpflichtungserkl(cid:228)rende

Ich versichere, die vorstehenden Angaben nach bestem Wissen
und Gewissen richtig und vollst(cid:228)ndig gemacht zu haben und
gehe eine entsprechende Verpflichtung ein.

Ort

Datum

Beglaubigungsvermerk der Ausl(cid:228)nderbeh(cid:246)rde/Auslandsvertre-
tung

Die Unterschrift der/des Verpflichtungserkl(cid:228)renden ist vor mir
vollzogen worden. Die Beglaubigung der Unterschrift dient nur
zur Vorlage bei der deutschen Auslandsvertretung.

Beh(cid:246)rde:

Im Auftrag

Ort

Datum

(Siegel)

Unterschrift

Stellungnahme der Ausl(cid:228)nderbeh(cid:246)rde / Auslandsvertretung

Bemerkungen

Die finanzielle Leistungsf(cid:228)higkeit des/der Verpflichtungserkl(cid:228)ren-
den wurde nachgewiesen / glaubhaft gemacht.

Beh(cid:246)rde:

Im Auftrag

Ort

Datum

(Siegel)

Re´ publique franc¸ aise

ATTESTATION D’ACCUEIL
NACHWEIS DER UNTERKUNFT
PROOF OF ACCOMMODATION

F

cerfa
no 10798*01

Document souscrit en appli-
cation du de´ cret no 82-442 du
27 mai 1982 modifie´ pris pour
l’application de l’article 5 de
l’ordonnance no 45-2658 du
2 novembre 1945 modifie´ e
relative aux conditions d’entre´ e
et de se´ jour des e´ trangers en
France

Je, soussigne´ (e)

Ich, der/die Unterzeichnende

I, the undersigned

nom / Name / surname

P

pre´ nom(s) / Vorname(n) / first name

ne´ (e) le / a` / Geburtstag und -ort / date and place of birth

nationalite´ / Staatsangeh(cid:246)rigkeit / nationality

document d’identite´ (1) ou titre de se´ jour (1) / Identit(cid:228)tsdokument (1) / Aufenthaltstitel (1) /
identity (1) or residence document (2)

adresse comple` te / wohnhaft in / full address

De´ partement, commune
Zust(cid:228)ndige Verwaltung
Competent authority

atteste pouvoir accueillir:

bescheinige folgende
Person(en) unterbringen
zu k(cid:246)nnen:

declare being able to
accommodate:

nom / Name / surname

pre´ nom(s) / Vorname(n) / first name

ne´ (e) le / a` / geboren am / in / born on / at

nationalite´ / Staatsangeh(cid:246)rigkeit / nationality

passeport no / Reisepass-Nr. / passport No

adresse / wohnhaft in / address

accompagne´ (e) de son conjoint (2) / und folgende sie/ihn begleitende Personen, nur Ehegatten (2)
/ accompanied by spouse (2)

accompagne´ (e) de ses enfants (2) / und Kinder (2) / accompanied by children (2)

( 1) type / Art / type

nume´ ro / Nummer / number

( 2) nom / Name / surname

pre´ nom / Vorname / first name
date de naissance / Geburtstag / date of birth
sexe / Geschlecht / sex

pendant (… jours) entre le … et le … / f(cid:252)r (… Tage) zwischen dem … und dem … / for (… days)
from … to …

LA LOI No 78-17 DU 6 JANVIER 1978 RELATIVE A` L'INFORMATIQUE, AUX FICHIERS ET AUX LIBERTE´ S s'applique aux re´ ponses
faites sur ce formulaire et garantit un droit d'acce` s et de rectification pour les donne´ es vous concernant aupre` s de la pre´ fecture.

ARTICLE 21 DE L'ORDONNANCE DU 2 NOVEMBRE 1945 MODIFIE´ E: toute personne franc¸ aise ou e´ trange` re re´ sidant en France ou
sur le territoire d'un autre E´ tat partie a`
la Convention de Schengen qui aura, par aide directe ou indirecte, facilite´ ou tente´ de faciliter
l'entre´ e, la circulation ou le se´ jour irre´ gulier d'un e´ tranger en France ou sur le territoire d'un autre E´ tat partie de la Convention de
Schengen sera punie d'un emprisonnement de 5 ans et d'une amende de 200 000 francs.

ARTICLE 441-5 DU CODE PE´ NAL: le fait de procurer frauduleusement a` autrui un document de´ livre´ par une administration publique
aux fins de constater un droit, une identite´ ou d'accorder une autorisation est puni de 5 ans d'emprisonnement et de 500 000 francs
d'amende. Ces peines peuvent eˆ tre porte´ es a` 7 ans d'emprisonnement et a` 700 000 francs d'amende dans les cas e´ voque´ s au
deuxie` me aline´ a du meˆ me article.

ARTICLE 441-6 DU CODE PE´ NAL: le fait de se faire de´ livrer ind(cid:223)ment, notamment en fournissant une de´ claration mensonge` re, par
une administration publique un document destine´ a` constater un droit, une identite´ ou une qualite´ ou a` accorder une autorisation est
puni de 2 ans d'emprisonnement et de 200 000 francs d'amende.

1o/Cas o(cid:156) l'accueil est assure´ au domicile principal de l'he´ bergeant:

re´ serve´ a`

l'administration

adresse: se reporter a` celle mentionne´ e au recto

justificatifs du domicile principal de l'he´ bergeant:

2o/Cas o(cid:156) l'accueil est assure´ au domicile secondaire de l'he´ bergeant:

re´ serve´ a`

l'administration

adresse comple` te:

justificatifs du domicile secondaire de l'he´ bergeant:

L'he´ bergeant

L'autorite´ publique compe´ tente:

J'atteste sur l'honneur l'exactitude des renseignements porte´ s ci-dessus.

Date:

LU ET APPROUVE´ ,

Date et signature

Signature et cachet

L'autorite´ consulaire

Date et cachet

Les services de contr(cid:244)le a`

l'entre´ e sur le territoire

Date et cachet

22.9.2000

EN

Official Journal of the European Communities

403

Appendix 2

COMMON MANUAL

CONFIDENTIAL

CONFIDENTIAL

404

EN

Official Journal of the European Communities

22.9.2000

Appendix 3

The following Executive Committee and Central Group Decisions are repealed:

(a) Executive Committee Decisions

SCH/Com-ex (93)4 Rev. 2 corr. of 14 December 1993
SCH/Com-ex (93)5 Rev. of 14 December 1993
SCH/Com-ex (94)5 of 27 June 1994
SCH/Com-ex (94)6 of 27 June 1994
SCH/Com-ex (94)7 of 27 June 1994
SCH/Com-ex (94)12 of 27 June 1994
SCH/Com-ex (94)20 Rev. of 21 November 1994
SCH/Com-ex (94)23 Rev. of 22 December 1994
SCH/Com-ex (94)24 Rev. of 22 December 1994
SCH/Com-ex (95)1 of 28 April 1995
SCH/Com-ex (95)4 of 28 April 1995
SCH/Com-ex (95)15 Rev. 2 of 29 June 1995
SCH/Com-ex (95)22 Rev. of 20 December 1995
SCH/Com-ex (96)14 Rev. of 27 June 1996
SCH/Com-ex (96)24 of 19 December 1996
SCH/Com-ex (97)13 of 24 June 1997
SCH/Com-ex (97)21 of 7 October 1997
SCH/Com-ex (97)36 of 15 December 1997
SCH/Com-ex (97)41 of 15 December 1997
SCH/Com-ex (98)13 of 21 April 1998
SCH/Com-ex (98)36 of 16 September 1998
SCH/Com-ex (98)38 corr. of 16 September 1998
SCH/Com-ex (98)54 of 16 December 1998
SCH/Com-ex (98)55 of 16 December 1998

(b) Central Group Decisions

SCH/C (96)16 of 12 March 1996
SCH/C (96)32 of 26 April 1996
SCH/C (96)40 of 28 May 1996
SCH/C (96)41 of 23 May 1996
SCH/C (96)96 of 11 May 1996
SCH/SG (97)9 of 17 January 1997
SCH/C (97)95 of 7 July 1997
SCH/SG (97)79 of 7 October 1997
SCH/Pers (98)9 Rev. of 30 March 1998
SCH/SG (98)25 Rev. 2 of 31 March 1998
SCH/C (98)135 of 15 December 1998

22.9.2000

EN

Official Journal of the European Communities

405

2.3. POLICE COOPERATION

22.9.2000

EN

Official Journal of the European Communities

407

DECISION OF THE EXECUTIVE COMMITTEE

of 16 December 1998

on cross-border police cooperation in the area of crime prevention and detection

(SCH/Com-ex (98)51 Rev. 3)

THE EXECUTIVE COMMITTEE,

Having regard to Articles 39 and 132 of
implementing the Schengen Convention,

the Agreement

administrative authorities is not mandatory and without
prejudice to the control exercised in such matters by the
judicial authorities. If agreement on such a list is reached,
the definitive decision will be taken by the Central Group.

Stressing the need for the Schengen States further to improve
crime
closer
detection
cooperation,

by means

prevention

and

of

Confirming the
assistance
pursuant to Article 39 of the Schengen Convention for the
attainment of this objective,

importance of mutual police

Convinced that in certain cases in which no coercive measures
are required police cooperation (cid:151) under
the executive
authority of the judicial authorities (cid:151) may be immediately
necessary in order to ensure that delay in processing a request
does not thwart the outcome of an investigation,

Whereas it is necessary for reasons of operational security and
legal certainty to draw up a common list defining the scope of
such police cooperation and to determine appropriate channels
for the transmission of police requests,

HAS DECIDED AS FOLLOWS:

1.

the Schengen States

In accordance with the objectives set out in Article 39 of
the Schengen Convention,
shall
endeavour to bring police cooperation in the fight against
crime up to a level meeting the needs for rapid and
effective action against criminals operating internationally.
To this end it
to draw up a
is particularly important
common list of activities which may be requested and
undertaken under the law of the Schengen States in cases
and/or
consent of
in which the prior

judicial

the

2. Without prejudice to the common list

inclusion in the national

to be adopted
pursuant to point 1, the Schengen States shall list, for the
purpose of
the
Handbook on crossborder police cooperation, the activities
within the meaning of Article 39(1) of the Convention that
may be requested and undertaken in accordance with
national
to the
law by their police authorities subject
conditions pursuant to paragraph 1.

fact sheets of

3. National legal order permitting, the Schengen States may
increase police cooperation in the area of crime prevention
and detection by concluding bilateral agreements and
specify what activities in addition to the measures in the
list referred to in point 1 may come within the scope of
mutual police assistance without the intervention of the
judicial and/or administrative authorities. These bilateral
agreements should also specify how police requests are to
be transmitted to the competent authorities and how the
use as evidence in criminal proceedings of the information
transmitted can be simplified.

4. Working Group I shall, by agreement with Working Group
III, submit to the Central Group an annual report based on
the experiences of the Contracting Parties concerning the
progress made
cooperation in
in improving police
preventing and detecting crime.

Berlin, 16 December 1998.

The President

C. H. SCHAPPER

408

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 16 December 1998

on the Handbook on cross-border police cooperation

(SCH/Com-ex (98)52)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Articles 2(3), 3, 7, 39, 40, 41, 46, 47 and 92 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

1. The Schengen Handbook on cross-border police cooperation (Doc. SCH/I (98)90 (*)), annexed hereto,
is hereby adopted. At the same time the Executive Committee Declaration of 29 June 1995 (Doc.
SCH/Com-ex (95) Decl. 2) is hereby repealed.

2. The Schengen Manual on police cooperation in maintaining public order and security (Doc. SCH/I
(97)36 Rev. 5) has been incorporated into the Handbook on cross-border police cooperation. The
Executive Committee Decision of 24 June 1997 (Doc. SCH/Com-ex (97)6 Rev. 2) is hereby repealed.

3. The Contracting States shall incorporate the Handbook on cross-border police cooperation into their

national orders and forward the Handbook to their police services for implementation.

4. The Schengen Secretariat shall be responsible for constantly updating the Handbook in the form of a
loose-leaf binder. To this end the Contracting States shall keep the General Secretariat abreast of any
amendments to be made to their national fact sheets.

5. Every six months the Presidency-in-office shall consult the States on the need to update the general

part and shall update the Handbook.

6. The Presidency will forward the Handbook to the European Union for information purposes.

Berlin, 16 December 1998.

The Chairman,

C. H. SCHAPPER

(*) Restricted document.

22.9.2000

EN

Official Journal of the European Communities

409

DECISION OF THE EXECUTIVE COMMITTEE

of 28 April 1999

on the Schengen acquis relating to telecommunications

(SCH/Com-ex (99)6)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 44 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

The tactical and operational requirements for a future cross-border digital radio system for the police and
customs services in the Schengen States defined in accordance with the mandate pursuant to Article 44,
the rules for manufacturing and administering uniform encryption algorithms, and other agreements
established within the remit of the Subgroup on telecommunications, as set out in the following nine
documents, are hereby approved.

1. SCH/I-telecom (92)21 Rev. 2 (*) of 12 June 1992

(cid:145)Definition of the telecommunications equipment needs of police and customs services(cid:146)

2. SCH/I-telecom (95)18 (*) of 8 June 1995

(cid:145)Digital
requirements)(cid:146)

radiocommunications

systems

for

security

organisations

(tactical

and

operational

3. SCH/I-telecom (96)44 Rev. 5 (*) of 14 November 1997

(cid:145)Requirements for terminals and their user interfaces in the Schengen States’ future digital trunk radio
systems(cid:146)

4. SCH/I-telecom (95)33 Rev. 2 (*) of 6 December 1995

(cid:145)Request to ETSI for a study of the European norms meeting Schengen functional requirements(cid:146)

5. SCH/I-telecom (95)35 (*) of 21 November 1995

(cid:145)Schengen communication requirements and the TETRA standard(cid:146)

6. SCH/I-telecom-crypto (95)37 Rev. 4 (*) of 8 July 1996

(cid:145)Digital radio communications network for security organisations (security requirements)(cid:146)

7. SCH/I-telecom-crypto (97)7 Rev. 5 (*) of 24 February 1998

(cid:145)Agreement for use and custody of Schengen algorithms(cid:146)

(*) Restricted document.

410

EN

Official Journal of the European Communities

22.9.2000

8. SCH/I-telecom-crypto (97)10 Rev. 2 (*) of 24 February 1998

(cid:145)Criteria for manufacturing Schengen specific algorithms(cid:146)

9. SCH/I (98)17 Rev. 4 (*) of 26 May 1998

(cid:145)Amendment to the mandate of the Subgroup on telecommunications to examine the interoperability
aspects of different digital radio communications systems(cid:146)

Luxembourg, 28 April 1999.

The Chairman,

C. H. SCHAPPER

(*) Restricted document.

22.9.2000

EN

Official Journal of the European Communities

411

DECISION OF THE EXECUTIVE COMMITTEE

of 28 April 1999

on liaison officers

(SCH/Com-ex (99)7 Rev. 2)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Articles 7 and 47 of the abovementioned Convention,

Taking account of its Declaration of 16 September 1998 (Doc. SCH/Com-ex (98) Decl. 2 Rev.);

HAS DECIDED AS FOLLOWS:

1. The plan for the reciprocal secondment of liaison officers to advise and assist in the performance of
tasks of security and checking at the external borders (Doc. SCH/I-Front (98)170 Rev. 5) is hereby
approved.

2.

It is recommended that the States Parties second liaison officers to the locations of their choice
included in the list in Doc. SCH/I-Front (99)9 Rev. 3 forthwith and that, where appropriate, the
bilateral agreements still required be concluded. This indicative list is not binding and shall be updated
in line with the situation as it develops.

Luxembourg, 28 April 1999.

The Chairman

C. H. SCHAPPER

412

EN

Official Journal of the European Communities

22.9.2000

RECIPROCAL SECONDMENT OF LIAISON OFFICERS TO ADVISE AND ASSIST IN THE PERFORMANCE OF
TASKS OF SECURITY AND CHECKING AT THE EXTERNAL BORDERS

SCH/I-Front (98)170 Rev. 5

At its meeting on 16 September 1998, the Executive Committee adopted Declaration SCH/Com-ex (98) Decl. 2 Rev. 2
entrusting the Central Group with the task of examining whether advice and assistance by employees of one of the
Contracting Parties whilst checks were being carried out at the external borders of the other contracting Party could
improve border security.

Following thorough discussion of the possibilities for advice and assistance by liaison officers seconded to the external
borders at its meeting on 28 September 1998, the Subgroup on frontiers decided unreservedly that this was the case.

To fulfil the remaining part of the mandate from the Executive Committee, the Subgroup hereby submits the following
plan for the reciprocal secondment of liaison officers to advise and assist in the performance of tasks of security and
checking at the external borders.

1.

GENERAL

1.1.

Legal framework

The secondment and activities of liaison officers shall be governed by Article 47(1)(2) and (3) of the Schengen
Convention and Article 7, third sentence of the Schengen Convention.

These provisions allow liaison officers to be seconded permanently or temporarily with the aim of furthering
and accelerating cooperation between the Contracting Parties. This also applies expressly to mutual assistance
between the cross-border authorities at the external borders.

Furthermore, this secondment at operational level will always be based on the bilateral agreements between the
Partner States which may, if necessary, be supplemented by more specific arrangements between the relevant
administrative authorities. Arrangements that derogate from the following rules may thus be made bilaterally
between the States exchanging liaison officers. However, the conclusion of bilateral agreements shall not in any
way impede mutual consultation and notification.

1.2. Areas of operation

The liaison officers may be posted to executive border police agencies working at the maritime and land borders
and corresponding airports, as well as the coast guard. They shall advise and support the regular members of the
executive agencies of the Schengen States in the surveillance and checking measures at the external Schengen
borders at their request and in agreement with the host authority and in accordance with their instructions. In
so doing they may observe and gather evidence to establish a presumption relation to illegal immigration and
cross-border crime. They should not, however, carry out any tasks relating to the sovereignty of States. These
officers must be posted principally on border crossing points and stretches of the border which are of particular
interest in terms of illegal immigration into the Schengen area.

The liaison officers’ activities shall be without prejudice to the sovereignty of the assisted State; its domestic law
and administrative regulations should not be affected by the performance of their tasks.

The liaison officers’ tasks listed below by way of example shall be performed solely in the context of providing
advice and support to the host State’s authorities responsible for border police duties.

22.9.2000

EN

Official Journal of the European Communities

413

In each case the tasks shall be fulfilled:

(cid:151) in accordance with national law,

(cid:151) in strict compliance with the specific regulations contained in the various bilateral agreements which may, if

necessary, be supplemented by more specific arrangements,

and

(cid:151) in agreement with the host State authorities and in accordance with their instructions.

These tasks may include:

Information exchange

(cid:151) regular collection and exchange of information on specific cases,

(cid:151) forging of

links between competent authorities,

in particular pursuant

to Articles 39 and 46 of

the

Schengen Convention,

(cid:151) informing the authorities in the host State on matters regarding entry and exit in relation to the State of

origin of the seconded officers.

Advice and assistance to the officers of the host State

(cid:151) advice and assistance to the host State’s officers in:

(cid:151) interviewing travellers and

(cid:151) verifying the authenticity of documents issued by the State of origin of the seconded officers.

(cid:151) advice and assistance to the host State’s officers in border police follo-wups, such as:

(cid:151) making reports,

(cid:151) recording statements,

(cid:151) conducting interviews,

(cid:151) compiling statistics.

(cid:151) advice and assistance to the host State’s officers in:

(cid:151) evaluating documents about which the liaison officers are knowledgeable,

(cid:151) planning border surveillance measures,

(cid:151) the evaluation of border police operations.

(cid:151) advice and assistance to the host State’s officers in updating the situation report,

(cid:151) accompanying the host State’s officers carrying out border patrols.

414

EN

Official Journal of the European Communities

22.9.2000

Moreover, the following tasks may also be performed at airports and maritime ports:

(cid:151) advice/information to authorities for repatriation measures by the State of origin of the seconded officers

bearing in mind existing readmission agreements,

(cid:151) advice to contact persons for travellers or carriers of the State of origin of the seconded officers.

1.3.

Profile of liaison officers

The officers to be seconded must also be suitable in professional and personal terms for possible long-term
foreign assignments. They must have cross-border experience. Where possible, they should have a thorough
knowledge of
the
assignment location.

least master the working language mostly used at

the host country’s language and at

In principle, the secondment of highly professionally qualified officers is to be given preference.

1.4.

Logistics

The host State shall provide the seconding State with logistical support with due regard for the sovereignty of
both States and pursuant to the relevant bilateral agreement.

(cid:151) The liaison officers should, in as far as local conditions so permit, be provided with their own office by the
host authority or at least be able to share an office. The liaison officer should be able to share all logistical
facilities in the host authority.

(cid:151) The liaison officer’s accommodation shall be paid for by the seconding State. The host State must assist in

obtaining accommodation.

(cid:151) The official

liaison officers in the host State (embassy of
Ministry/authorities of the host State) shall be defined in the bilateral agreements.

involvement of

the seconding State or

(cid:151) Medical treatment:

The seconding State shall ensure that sufficient health insurance cover is available in the host State for the
liaison officer in case of illness. Supplementary insurance should be taken out if necessary.

2.

ASSIGNMENT LOCATIONS

The selection of locations recommended to the Schengen States for the deployment of liaison officers shall be
laid down separately by the Subgroup on frontiers. This indicative list will not be in any way binding and will
be updated in line with the evolving situation.

3.

EVALUATION/FOLLOW-UP

The Schengen States will exchange their experiences on the secondment of liaison officers where necessary in
the Subgroup on frontiers (1).

(1) After Schengen has been integrated into the European Union, the work of the Subgroup on frontiers will be continued in the

Council body competent for matters relating to external borders.

22.9.2000

EN

Official Journal of the European Communities

415

(Reciprocal secondment of liaison officers to advise and assist in the performance of tasks of security and checking at the external
borders)

SCH/I-Front (99)9 Rev. 3

Indicative list of locations currently recommended to the Schengen States for the secondment of liaison officers

Below is a list of the locations which the Subgroup on frontiers currently recommends to the Schengen States for the
secondment of liaison officers.

This indicative list is not in any way binding and will be updated by the Subgroup on frontiers in line with the current
situation (1).

1. Belgium

(cid:151) Brussels (Zaventem airport)

2. Germany

(cid:151) Frankfurt/Main airport

(cid:151) Munich (Franz-Joseph-Strau(cid:223) airport)

(cid:151) Frankfurt/Oder (land border with Poland)

(cid:151) Ludwigsdorf (land border with Poland)

(cid:151) Zinnwald (land border with the Czech Republic)

(cid:151) Waidhaus (land border with the Czech Republic)

(cid:151) Hamburg (port)

3.

France

(cid:151) Marseille (port)

(cid:151) Paris (Charles de Gaulle airport)

4. Greece

(cid:151) Athens (airport)

(cid:151) Thessaloniki (airport)

(cid:151) Kakabia (land border with Albania)

(cid:151) Kastanies (land border with Turkey)

(cid:151) Samos

(cid:151) Corfu

(1) After Schengen has been integrated into the European Union, the work of the Subgroup on frontiers will be continued in the

Council body responsible for matters relating to external borders.

416

EN

Official Journal of the European Communities

22.9.2000

5.

Italy

(cid:151) Rome (cid:151) Fiumicino (airport)

(cid:151) Brindisi (maritime border)

(cid:151) Trapani

(cid:151) Trieste (land border with Slovenia)

(cid:151) Milan (Malpensa airport)

6. The Netherlands

(cid:151) Amsterdam (Schiphol Airport)

7. Austria

(cid:151) Vienna-Schwechat (airport)

(cid:151) Nickelsdorf motorway (land border with Hungary)

(cid:151) Spielfeld (land border with Slovenia)

(cid:151) Berg (land border with the Slovakia)

(cid:151) Drasenhofen (land border with the Czech Republic)

8.

Spain

(cid:151) Algeciras (porto)

(cid:151) Madrid (Barajas airport)

22.9.2000

EN

Official Journal of the European Communities

417

DECISION OF THE EXECUTIVE COMMITTEE

of 28 April 1999

on general principles governing the payment of informers

(SCH/Com-ex (99)8 Rev. 2)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Agreement implementing the Schengen Convention,

Having regard to Articles 70 to 76 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

The Executive Committee hereby approves the Decision of the Central Group of 22 March 1999 on the
general principles governing payment of informers (SCH/C (99)25, SCH/Stup (98)72 Rev.).

Luxembourg, 28 April 1999.

The Chairman

C. H. SCHAPPER

418

EN

Official Journal of the European Communities

22.9.2000

Subject: General principles governing payment of informers

SCH/Stup (98)72 Rev. 2

1.

Introduction

International drug-related crime, other forms of serious crime and organised crime are a growing phenomenon
which also affects the Schengen States.

Criminals, particularly those involved in illicit trafficking in drugs, are adopting an increasingly professional
approach and adapting flexibly to new geopolitical,
legal, economic and technological circumstances, using
entrepreneurial structures and interweaving illegal business dealings with legitimate commercial activities. They are
also prepared to act ruthlessly to achieve their objectives, threatening or resorting to violence against people and
property and seeking to manipulate politicians, businessmen and public officials, their main motivation being the
maximisation of profits and the pursuit of power.

The modus operandi of criminal networks involved in drugs is characterised by specialisation, division of labour
in new criminal activities or injected into legitimate
and compartmentalisation.
commercial activities in order to gain influence and create a criminal monopoly.

Illegal profits are (cid:145)reinvested(cid:146)

Even special investigative methods are becoming increasingly ineffective. Actively obtaining information undercover
and using operational investigative methods such as systematic evaluation have therefore become an increasingly
important technique for identifying and fighting organised crime in the field of drugs. In this regard particular
attention should be focused on the systematic, coordinated and targeted use of informers.

Informers must gain the trust of the criminals so that they are in a position to shed light on the structure of
criminal organisations and structures.

That is why the Presidency carried out a survey in the Schengen States (see Doc. SCH/Stup (98)25). Doc. SCH/Stup
(98)60 Rev. was subsequently distributed outlining the results. The survey showed that the law and, also in part,
legal practice with regard to the payment of informers in the Schengen States differed widely. At its meeting of
21 October 1998 the Working Group on Drugs therefore agreed to draw up common non-binding guidelines for
paying informers and guaranteeing them non-material benefits.

The general principles governing payment of informers are to be used as non-mandatory guidelines within the
Schengen area and are intended to contribute to the further improvement of customs and police cooperation in
this sensitive sphere. They should also serve as benchmarks for those Schengen States currently engaged in drafting
or amplifying similar regulations.

2. General

Informers’ motives for cooperating with police and customs authorities are frequently financial. They should
therefore be provided with financial incentives that take market realities into account and correspond to their
personal circumstances, reflect the skills required for the operation and are commensurate with the risk involved
and the outcome of the investigation. Economic considerations are also a factor, since using informers often works
out cheaper.

Ensuring that the following guidelines are observed throughout the Schengen area would in particular permit
compliance with tactical and legal requirements that apply to drugs investigations while also taking account of
specific bilateral and regional features and the particular nature of the offence. This would also prevent incidentally
the emergence of (cid:145)informer tourism(cid:146), with police forces and customs authorities which run informers competing
with each other on a bilateral level or with other services throughout Schengen.

3.

Principles

These principles shall be without prejudice to national provisions.

Payments made to informers should be in reasonable proportion to the outcome of the investigation achieved as a
result of criminal prosecution and/or the danger that is averted by the use of an informer on the one hand and the
involvement of and personal risk incurred by the informer on the other. The financial incentive must not incite the
informer to commit an offence.

22.9.2000

EN

Official Journal of the European Communities

419

Particular criteria are as follows:

(cid:151) The quantity of information and the results it produces, for example the value and the importance of the drugs
that are seized, the number and calibre of the criminals arrested and/or the value of the assets confiscated.

(cid:151) The quality of the information, for example strategically or tactically useful

information about methods,
logistical approach used by the criminals, aims of the criminal organisation, the way in which it responds to
measures taken by the criminal justice authorities.

(cid:151) The personal characteristics of the informer, for example degree of involvement in the operation, particular

difficulties, risks and dangers, trustworthiness and motivation.

(cid:151) The importance of the criminal hierarchy/organisation, or investigating the criminal activity of the members,
their influence within the criminal milieu, degree of infiltration into public life, actual or potential damage
caused, social relevance of the case and the degree to which it is rooted in the local criminal environment, the
information also being used for strategic purposes.

Payment for cooperating is generally case-specific. No attempt should be made to provide the informer with living
expenses for an indefinite period.

Informers may also benefit from special protective or post-operation measures (so-called witness protection) and
arrangements may be made to provide social protection.

Costs incurred by an informer (expenses) may be refunded in specific cases.

Payment is made after completion of the assignment. Part payments may be made after parts of the assignment
have been completed. Advances should not be paid.

An informer’s earnings are still subject to national tax and social security regulations.

Generally speaking, the costs of using an informer are borne by the police or customs authority. If an investigation
is to be conducted jointly by several Schengen bodies, agreement should be reached at an early stage on how the
costs are to be shared. Contributions from third parties should not as a rule be included in the payment made to
the informer.

Non-material benefits may also be provided subject to the provisions of national
law in force in the various
Schengen States and counted as material contributions. The nature of the benefit, its importance to the informer
and the cost to the State in providing it are the factors to be taken into account in this regard. Protecting the
informer in dangerous situations, an easing of the detention regime and full or partial remission of sentence in
accordance with national law also come into the category of non-material benefit.

If an informer acts improperly, for example by not keeping to the agreement, committing a criminal offence in a
particular case, knowingly or recklessly giving false information, culpably failing to follow received instructions or
wilfully departing from tactical directives, payments may be reduced, withheld or recovered in their totality
depending on the seriousness of the informer’s misconduct. If two or more Schengen States are affected or might
be affected in such a situation, the relevant national agencies should give provide notification ((cid:145)warning(cid:146)) as soon as
possible.

The competent central authorities should exchange information on current criteria for payments in the different
States.

420

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE CENTRAL GROUP

of 22 March 1999

on general principles governing the payment of informers

(SCH/C (99)25)

Informers play a valuable role in the fight against serious cross-border crime, and drug-related crime in
particular, since they usually enjoy the trust of the offenders and thus use of such persons affords an
opportunity to gain a general picture of the activities of clandestine criminal organisations and structures.

The Working Group on Drugs has addressed this issue under the German Presidency and examined
the laws and practices relating to the payment of informers in each Schengen State. Based on the results
of this analysis, the Working Group on Drugs has devised common guiding principles for the payment
of informers in the form of money or non-material benefits. These general principles are to be regarded as
non-binding guidelines in the Schengen area and are intended to contribute to the further enhancement
of police and customs cooperation in this sensitive sphere. They are also to serve as a possible guide for
those Schengen States currently engaged in drafting or amplifying similar regulations.

The Central Group acknowledges and endorses the (cid:151) non-binding (cid:151) (cid:145)General principles governing the
payment of informers(cid:146) (Doc. SCH/Stup (98)72 Rev 2), subject to approval by the Executive Committee.

22.9.2000

EN

Official Journal of the European Communities

421

DECISION OF THE EXECUTIVE COMMITTEE

of 28 April 1999

on the improvement of police cooperation in preventing and detecting criminal offences

(SCH/Com-ex (99) 18)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Agreement implementing the Schengen Convention,

Having regard to Article 39 of the abovementioned Convention,

Desiring to continue efforts to improve the conditions for cross-border police cooperation,

Taking account of the Executive Committee Decision of 16 December 1998 (Doc. SCH/Com-ex (98)51
Rev 3),

HAS DECIDED AS FOLLOWS:

The principles governing police cooperation in preventing and investigating criminal offences as set out in
the Presidency’s note (Doc. SCH/I (98)75 Rev 5) of 28 April 1999 are hereby approved.

Luxembourg, 28 April 1999.

The President

C. H. SCHAPPER

422

EN

Official Journal of the European Communities

22.9.2000

SCH/I (98)75 Rev. 5

Subject: Application of Article 39 of the Convention: improving police cooperation in preventing and

investigating criminal offences

The German Presidency is striving to improve police cooperation between the Contracting States in investigating
criminal offences. At Group I’s meeting on 14 September 1998, the Presidency submitted a note setting out the
problems and possible solutions (SCH/I (98)55 Rev.).

All delegations agreed that much could be done to alleviate the shortcomings in police cooperation in the area of
investigating criminal offences if the provisions of the Schengen Convention were given a uniform interpretation and
applied on the basis of its objectives.

The Contracting States agree that improved police cooperation in criminal investigation must not prejudice the powers
of the judicial authorities.

The following solutions are feasible in the short-term:

1. List

For the purpose of applying Article 39 of the Schengen Convention and improving the investigation and prevention of
criminal offences, the police forces of the Schengen States may exchange information provided that:

(cid:151) information exchange does not require the use of coercive measures,

(cid:151) information exchange is admissible under the domestic law of the requested Contracting State and the activities to

be carried out are not solely the preserve of the judicial authorities or require their consent.

Improvements in investigating and preventing crime will be achieved by means of cooperation between the police
forces of the Schengen States without the involvement of the judicial authorities when grounds for suspicion or
concrete dangers arise, notably via steps such as those listed below. This list is not exhaustive and the implementation
of the steps mentioned is subject to their admissibility under the national law of the requested and requesting State:

(cid:151) identification of vehicle owners and drivers,

(cid:151) driver’s licence enquiries,

(cid:151) tracing whereabouts and residence,

(cid:151) identification of telecommunications subscribers (telephone, fax and Internet), provided this information is publicly

available,

(cid:151) obtaining information from the persons concerned by the police on a voluntary basis (*),

(cid:151) identification of persons,

(cid:151) transmission of police intelligence from police databases or files, subject to compliance with the relevant legal

provisions governing data protection,

(cid:151) preparation of plans and coordination of search measures and the initiation of emergency searches (independently

of SIS searches),

(*) Under the national law of Austria, Germany and the Netherlands, the principle of voluntary police interviews applies.

22.9.2000

EN

Official Journal of the European Communities

423

(cid:151) tracing the origins of goods, particularly weapons and vehicles (tracing sales channels),

(cid:151) examination of evidence (such as vehicle damage after hit and run accidents, erasures in documents, etc.).

Schengen States may in accordance with Article 39 of
the Schengen Convention agree with individual or all
Contracting Parties to lay down additional areas in which the police can provide mutual assistance without involving
the judicial authorities

2. Application of the judicial consent proviso (Article 39(2))

The prompt use of information as evidence in criminal proceedings is only possible if the requested Contracting State
does not require formal
letters rogatory in addition to the police request. The scant resources of the authorities
responsible for criminal prosecution must be deployed to deal with the urgent problems of crime prevention and not
unnecessarily constrained by the consent requirement.

At no point does Article 39(2) stipulate that authorisation must be obtained from the judicial authorities in order to
introduce documents as evidence. The procedure for obtaining authorisation is therefore a matter for the Contracting
States to determine.

The Schengen States agree that the police forces and judicial authorities may transmit requests for authorisation and the
documents resulting from dealing with such requests by any means that allow swift transmission, provided the
transmission provides a written trace of the document’s author, (for example telefax, e-mail).

3. Simplification of procedures

investigations, particularly in emergencies, can also be accelerated by simplifying procedures. This is
Criminal
exemplified in the bilateral arrangements between two Schengen States whereby, at the instigation of the judicial
authorities, the police authorities cooperate directly by assisting each other with police interviews, searches and the
seizure of objects when a delay would be dangerous.

The Contracting States will
appropriate Schengen-wide procedures can be devised.

look at the experiences gained with this or similar agreements to determine whether

22.9.2000

EN

Official Journal of the European Communities

425

2.4. JUDICIAL COOPERATION

22.9.2000

EN

Official Journal of the European Communities

427

DECISION OF THE EXECUTIVE COMMITTEE

of 14 December 1993

on improving practical judicial cooperation for combating drug trafficking

(SCH/Com-ex (93)14)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement, hereinafter (cid:145)the
Schengen Convention(cid:146),

Having regard to Articles 48 to 53 and 70 to 76 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

So as to improve practical
judicial cooperation in combating drug trafficking, the Contracting Parties
undertake that should the requested party not intend to enforce a request for mutual assistance, or intend
to enforce it only in part, it will inform the requesting party of the reasons for its refusal and, where
possible, of the conditions to be met before such a request can be enforced.

This Decision shall enter into force once all the States party to the Schengen Convention have notified
that the procedures required by their legal systems for these decisions to be binding on their territory
have been completed.

Paris, 14 December 1993.

The Chairman

A. LAMASSOURE

428

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 28 April 1999

on the Agreement on cooperation in proceedings for road traffic offences

(SCH/Com-ex (99)11 Rev. 2)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to the Joint Declaration made by the Ministers and Secretaries of State meeting in Schengen
on 19 June 1990,

HAS DECIDED AS FOLLOWS:

The Agreement on cooperation in proceedings for road traffic offences and the enforcement of financial
penalties imposed in respect thereof (SCH/III (96)25 Rev.18) is hereby adopted.

The delegations(cid:146) representatives are requested to draw up an Explanatory Report to the Agreement,
dealing in particular with the points outlined in the Annex to this decision.

Luxembourg, 28 April 1999.

The Chairman

C. H. SCHAPPER

22.9.2000

EN

Official Journal of the European Communities

429

AGREEMENT ON COOPERATION IN PROCEEDINGS FOR ROAD TRAFFIC OFFENCES AND THE
ENFORCEMENT OF FINANCIAL PENALTIES IMPOSED IN RESPECT THEREOF

SCH/III (96)25 Rev. 18

The Governments of the KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC,
the GRAND DUCHY OF LUXEMBOURG and the KINGDOM OF THE NETHERLANDS, Parties to the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their
common borders signed in Schengen on 19 June 1990, hereinafter referred to as the (cid:145)1990 Convention(cid:146), as well as the
Governments of the ITALIAN REPUBLIC, the KINGDOM OF SPAIN and the PORTUGUESE REPUBLIC, the HELLENIC
REPUBLIC,
the KINGDOM OF SWEDEN and the
REPUBLIC OF FINLAND which acceded to the 1990 Convention by the Agreements signed on 27 November 1990,
25 June 1991, 6 November 1992, 28 April 1995 and 19 December 1996 respectively, and the Governments of the
Iceland, which signed a Cooperation Agreement with the former on
Kingdom of Norway and the Republic of
19 December 1996, hereinafter referred to as the (cid:145)Contracting Parties(cid:146),

the KINGDOM OF DENMARK,

the REPUBLIC OF AUSTRIA,

Whereas the free movement of persons referred to in the 1990 Convention furthers the travel of citizens across the
internal borders;

Whereas it is common knowledge that citizens of the Schengen States also commit road traffic offences when staying
on the territory of a Contracting Party other than that on whose territory they habitually reside;

Whereas it has been shown that it is not always possible, in spite of sustained efforts to clamp down on road traffic
offences, to establish the identity of the perpetrators before they return to the territory of the Contracting Party where
they habitually reside and to enforce financial penalties in respect of the offences committed;

Convinced that cooperation between the Contracting Parties in this field is necessary and that the fact that different
authorities are responsible for enforcement of the Highway Code should not become an obstacle to such cooperation;

Implementing the Joint Declaration of the Ministers and Secretaries of State of 19 June 1990, which lays down that
discussions should be held to improve cooperation in prosecuting road traffic offences and to examine the scope for
the mutual enforcement of financial penalties,

HAVE AGREED AS FOLLOWS:

CHAPTER I

Financial penalty

Definitions

Article 1

For the purposes of this Agreement:

Road traffic offence

shall mean the obligation to pay a sum of money in respect of
a road traffic offence, the amount of which is assessed by the
judicial or administrative authorities of the Contracting Parties.

Competent Authority

the
shall mean the judicial or administrative authority of
Contracting Parties responsible for proceedings for road traffic
offences and enforcing financial penalties in respect thereof.

shall mean conduct which infringes road traffic regulations and
which is considered a criminal or administrative offence,
including breaches of regulations pertaining to driving hours
and rest periods and regulations on hazardous goods.

shall mean an act by the competent authorities of one of the
Contracting Parties establishing a road traffic offence in respect

Decision

430

EN

Official Journal of the European Communities

22.9.2000

of which a financial penalty has been imposed on a person,
against which an appeal may be or could have been lodged.

(b) to road traffic offences which coincide with offences that
are not related to road traffic only, unless the road traffic
offence is prosecuted exclusively or separately.

Requesting Authority

shall mean the competent authority of the Contracting Party in
whose territory the road traffic offence was committed.

CHAPTER III

Requested Authority

Cooperation in proceedings for road traffic offences

shall mean the competent authority of the Contracting Party in
whose territory the person suspected of having committed a
road traffic offence or upon whom a financial penalty has
been imposed in respect
thereof either resides or has his
habitual residence.

Article 3

Requesting Contracting Party

shall mean the Contracting Party in whose territory a decision
has been delivered in respect of a person who either resides in,
or has his habitual residence in,
the territory of another
Contracting Party.

The competent authorities may, by communicating a
1.
vehicle registration number
through their national vehicle
registration authorities, request information from the national
vehicle registration authorities of the other Contracting Parties
concerning the type and make of the corresponding motor
vehicle as well as the identity and address of the person or
persons with whom the motor vehicle in question was
registered when the road traffic offence was committed.

Requested Contracting Party

shall mean the Contracting Party in whose territory a person
in respect of whom a decision has been delivered in the
territory of another Contracting Party either resides or has his
habitual residence.

The vehicle registration authorities of

2.
the Contracting
Parties shall directly send each other the information referred
to in paragraph 1 with a view to transmission to the
competent authority. They shall also send the name and
address of the requested authority if it is a different authority.

CHAPTER II

Principles

Article 2

3.
A Contracting Party may designate another central
authority for the exchange of the information referred to in
paragraph 2.

4.
The relevant provisions of the 1990 Convention and, in
particular, Articles 126 to 128 thereof shall apply to the
transmission of personal data in accordance with paragraph 1.

1.
The Contracting Parties undertake to accord each other
the widest possible cooperation in proceedings for road traffic
offences and the enforcement of decisions in respect thereof in
accordance with the provisions of this Agreement.

Article 4

Paragraph 1 shall be without prejudice to the application
2.
of broader provisions of bilateral or multilateral agreements in
force between the Contracting Parties.

1.
The requesting authority may send all communications
concerning the consequences and decisions relating to the road
traffic offence directly to the persons suspected of having
committed a road traffic offence. The provisions of Article 52
of the 1990 Convention shall apply by analogy.

3.

Chapter IV of this Agreement shall not apply:

(a)

to the enforcement of a decision which includes a penalty
involving deprivation of liberty as the main penalty;

The

communications

referred to in
2.
paragraph 1 shall
accompanied by all
contain or be
information which the recipient requires in order to react, in
particular regarding:

and decisions

22.9.2000

EN

Official Journal of the European Communities

431

(a)

the nature of the road traffic offence, the place, date and
time at which it was committed and the manner in which
it was established;

(c)

the financial penalty is not statute-barred by limitation
under the law of the requesting Contracting Party;

(b) the registration number and, where possible, the type and
make of the motor vehicle with which the road traffic
offence was
this
information, any means of identifying the vehicle;

committed or,

absence of

in the

(d) the decision concerns a person who resides or who has his
requested

territory of

in the

the

residence
habitual
Contracting Party;

(c)

the financial penalty which may be
the amount of
imposed, or, where appropriate,
the financial penalty
which has been imposed, the deadline within which it has
to be paid and the method of payment;

(d) the possibility of invoking exonerating circumstances, as
well as the deadlines and procedures for presenting these
circumstances;

(e)

the possible channels of appeal against the decisions, the
procedures and deadlines for lodging an appeal, as well as
the contact details of the authority with which an appeal
should be lodged.

(e)

the amount of the fine or financial penalty imposed is at
least EUR 40.

The Contracting Parties may bilaterally alter the scope of

2.
the provisions under point 1(e).

Article 7

The transfer of the enforcement of a decision may not be

1.
refused unless the requested Contracting Party deems that:

Article 5

(a)

the road traffic offence giving rise to the decision is not
provided for under the law of the requested Contracting
Party;

the requesting authority considers

1.
If the addressee does not respond to communications or
decisions pursuant to Article 4 within the stipulated period or
if
information
necessary to apply this Agreement, the latter may directly seek
assistance from the requested authority. A translation into the
official
the
requested Contracting Party shall be attached to such requests
for assistance.

language or one of

languages of

the official

further

The provisions of

title III, chapter 2 of

apply to the

requests

the 1990
referred to in

2.
Convention shall
paragraph 1.

CHAPTER IV

Enforcement of decisions

Article 6

(b) enforcement of the request runs counter to the principle of
ne bis in idem pursuant to Articles 54 to 58 of the 1990
Convention;

(c)

the financial penalty is statute-barred by limitation under
the law of the requested Contracting Party;

(d) the person concerned would have been granted an
amnesty or a pardon by the requested Contracting Party if
the road traffic offence had been committed on the
territory of the requested Contracting Party.

The

requested Contracting Party

2.
inform the
requesting Contracting Party as soon as possible of a refusal to
execute the request, giving the reasons for the refusal.

shall

The transfer of the enforcement of decisions may only be

1.
requested under this Agreement where:

Article 8

(a) all channels of appeal against

the decision have been
exhausted and the decision is enforceable in the territory
of the requesting Contracting Party;

The decision shall be enforced without delay by the

1.
competent authorities of the requested Contracting Party.

(b) the competent authorities have, in particular in accordance
with Article 4, requested the person concerned to pay the
financial penalty imposed but to no avail;

The financial penalty shall be payable in the currency of
2.
the
shall be
requested Contracting Party. The
calculated on the basis of the official exchange rate obtaining
when the decision mentioned in paragraph 1 is taken.

amount

432

EN

Official Journal of the European Communities

22.9.2000

3.
Should it transpire upon conversion that the amount of
the financial penalty imposed by the decision exceeds the
maximum amount of
the financial penalty prescribed in
respect of the same type of road traffic offence by the law of
the requested Contracting Party,
the
decision shall not exceed this maximum amount.

the enforcement of

At the time of depositing its instrument of ratification,
4.
for reasons of a
acceptance or approval, each State may,
importance, declare that it
constitutional order or of equal
intends to derogate from the application of paragraph 1 by
making a declaration defining the cases in which the financial
penalty to be enforced must be declared enforceable by a
judicial decision of
the requested Contracting Party before
enforcement. This judicial decision shall not, however, concern
the contents and the amount of the decision of the requesting
Contracting Party which is to be enforced.

Article 9

The enforcement of the decision shall be governed by the

1.
law of the requested Contracting Party.

2.
Any part of the financial penalty already enforced in the
requesting Contracting Party shall be deducted in full from the
penalty to be enforced in the requested Contracting Party.

3. Where a financial penalty cannot be enforced, either
totally or in part, an alternative penalty involving deprivation
of
liberty or coercive detention may be applied by the
requested Contracting Party if provided for in both Contracting
States, unless expressly excluded by the requesting Contracting
Party.

Article 10

The requesting Contracting Party may no longer proceed with
the enforcement of
the decision once it has requested the
transfer of enforcement. The right of enforcement shall revert
to the requesting Contracting Party upon its being informed by
refusal or
the requested Contracting Party of
inability to enforce.

the latter’s

Article 11

The requested Contracting Party shall terminate enforcement of
the decision as soon as it (the requested Contracting Party) is
informed by the requesting Contracting Party of any decision,
measure or any other circumstance as a result of which
enforcement of
the decision is suspended or the decision
ceases to be enforceable.

writing. They may be transmitted through any appropriate
channels leaving a written record, including a fax.

2.
Documents shall be transmitted directly between the
competent authorities of the Contracting Parties, the contact
details of which shall be furnished by the vehicle registration
authorities (Article 3(2)). These documents shall be transmitted
via the designated central authorities of the Contracting Party
if the contact details of the competent authority cannot be
inferred from the information referred to in the first sentence.

Article 13

The request for the transfer of enforcement of a decision
1.
the decision and a
shall be accompanied by a copy of
declaration by the competent authority of
the requesting
Contracting Party certifying that the conditions laid down in
points (a), (b) and (c) of Article 6(1) have been fulfilled.

2. Where appropriate, the requesting Contracting Party shall
accompany its request by other information relevant to the
in particular
the enforcement of a decision,
transfer of
information regarding the special circumstances of the offence
which were taken into consideration when assessing the
financial penalty and, where possible,
the text of the legal
provisions applied.

If

the requested Contracting Party considers that

3.
the
information supplied by the requesting Contracting Party is
inadequate to enable it to apply this Agreement, it shall ask for
the additional information required.

The translation of

4.
official
requested Contracting Party shall be attached.

language or one of

the official

the relevant documents

languages of

into the
the

Article 14

inform the competent authorities of

The competent authorities of the requested Contracting Party
shall
the requesting
Contracting Party of the enforcement of the financial penalty
or, where appropriate, of inability to enforce the decision.

Article 15

Article 12

1.
Requests for the transfer of the enforcement of a decision
and all communications relating thereto shall be made in

The financial penalty and the cost of proceedings incurred by
the requesting Contracting Party shall be enforced. Monies
obtained from the enforcement of decisions shall accrue to the
requested Contracting Party.

22.9.2000

EN

Official Journal of the European Communities

433

Article 16

only apply to road traffic offences committed after its entry
into force or after it has become applicable.

Contracting Parties shall not claim from each other the refund
of costs resulting from application of this Agreement.

Article 20

CHAPTER V

Final provisions

Article 17

established by the 1990
The Executive Committee
1.
Convention shall have the general
task of monitoring the
proper application of this Agreement. The provisions of Article
132 of the 1990 Convention shall apply.

The Joint Supervisory Authority established by the 1990
2.
Convention shall be responsible,
in matters relating to the
protection of personal data, for delivering an opinion on the
common aspects resulting from the implementation of this
Agreement.

At the proposal of a Contracting Party, the Executive
3.
Committee may decide to alter the amount provided for under
point (e) of Article 6(1).

Article 18

to Article 138 of

This Agreement shall apply to the territory of the Contracting
Parties. However, pursuant
the 1990
Convention, as regards the French Republic this Agreement
shall apply only to the European territory of
the French
Republic, and as regards the Kingdom of the Netherlands this
Agreement shall apply only to the European territory of the
Kingdom of the Netherlands. Pursuant to Article 5(1) of the
Agreement on the Accession of the Kingdom of Denmark to
the 1990 Convention, this Agreement shall not apply to the
Faeroe Islands and Greenland.

Article 19

This Agreement is subject to ratification, acceptance or
1.
acceptance or
approval. The
approval shall be deposited with the Government of the Grand
Duchy of Luxembourg, which shall notify all the Contracting
Parties thereof.

instruments of

ratification,

2.
This Agreement shall enter into force on the first day of
the second month following the date of deposit of the last
instrument of ratification, acceptance or approval by the States
for which the 1990 Convention has been brought into force as
pursuant to paragraph 1, second subparagraph, of the Final
Act of the abovementioned Convention.

The Government of the Grand Duchy of Luxembourg shall
notify all the Contracting Parties of the date of entry into
force.

In respect of the other States, this Agreement shall enter into
force on the first day of the second month following the date
of deposit of the instruments of ratification, acceptance or
approval, at the earliest, however, on the date of bringing into
force an Accession Agreement for these States to the 1990
Convention or to the 1996 Cooperation Agreement.

3.
Pending the entry into force of this Agreement, each
State in which the 1990 Convention has been brought into
force at the time of deposit of its instrument of ratification,
acceptance or approval may, when depositing this instrument
or at any later stage, declare this Agreement applicable in its
relations with those States which make a similar declaration.
This declaration shall take effect as of the first day of the
second month following the date of deposit.

Article 21

Each Contracting Party may submit a proposal for an
to the depositary. The
inform the other Contracting Parties of this

to this Agreement

1.
amendment
depositary shall
proposal.

This Agreement shall also be applicable to traffic offences

1.
committed before its entry into force.

The Contracting Parties shall adopt any amendments to

2.
this Agreement by common assent.

depositing

2. When
ratification,
acceptance or approval, each State may declare that, as far as it
is concerned and in its relations with those Contracting Parties
which have made a similar declaration, this Agreement shall

instrument

its

of

3.
The amendments shall enter into force on the first day of
the second month following the date of deposit of the last
instrument of ratification, acceptance or approval.

434

EN

Official Journal of the European Communities

22.9.2000

Article 22

The depositary shall inform each Contracting Party of the

3.
designated authorities and subsequent changes.

At

the

latest when depositing

1.
instrument of
ratification, acceptance or approval, each State shall notify the
depositary of the names and addresses of the authorities within
the meaning of Articles 1, 3 and 11(2).

its

Article 23

2.
The lists of authorities pursuant to paragraph 1 may, by
way of derogation from Article 19(1), be subsequently changed
at any time by notification to the depositary.

This Agreement shall be open to accession by all States which
become Parties to the 1990 Convention.

In witness whereof, the undersigned, duly authorised to that end, have signed this Agreement.

Done at Luxembourg, this twenty-eighth day of April
in the year one thousand nine hundred and
ninety-nine, in a single original in the Dutch, English, French, German, Greek, Italian, Portuguese and
Spanish languages, all eight texts being equally authentic.

The texts in the Danish, Finnish, Icelandic, Norwegian and Swedish languages, to be submitted at a date
after the signing, shall be equally authentic.

22.9.2000

EN

Official Journal of the European Communities

435

DECLARATION OF THE EXECUTIVE COMMITTEE

of 26 June 1996

on extradition

(SCH/Com-ex (96) Decl. 6 Rev. 2)

Whereas the free movement of persons provided for in the
Schengen Agreement and the Convention implementing the
Schengen Agreement
compensatory
measures aiming to guarantee security within the territory of
the Schengen States;

accompanied by

is

Whereas
important aspect of these measures;

judicial

cooperation in criminal matters

is an

the Convention

Whereas
Schengen
Agreement contains provisions aiming to simplify judicial
cooperation in criminal matters, in particular extradition;

implementing

the

Having regard to the experience gained in the field of
extradition,
since the
Convention was brought into force;

terrorist offences,

in particular

for

the Contracting
Taking into account
Parties attach to effectively combating terrorism within their
common territory;

the importance that

the Declaration on the fight against
Taking into account
terrorism adopted by the Executive Committee at The Hague
on 21 February 1996;

THE CONTRACTING PARTIES HEREBY DECLARE THAT:

1. When examining a request for extradition, each requested
State shall take into account the need to safeguard the
Schengen area of free movement and security;

2. Each requested State shall

take the necessary steps to
ensure that when a decision is taken to suspend detention
pending extradition, appropriate measures may be adopted
so that the person sought does not have the opportunity
to escape extradition following the decision, and where the
law of the requested State does not provide a sufficient
legal basis for the measures in question, the requested State
shall
accordance with
initiate,
constitutional requirements, the legal measures to achieve
the aforementioned objective;

undertake

to

in

3. Each requested State shall

without delay when detention of
pending extradition is suspended;

inform the requesting State
the person sought

Welcoming the Agreement reached on 26 June 1996 between
the Member States of the European Union on a Convention on
the improvement of extradition, which represents a positive
step forward in cooperation between the Member States,

4. Pending agreement on a legal basis as provided for under
point 2,
take all necessary
measures bilaterally to prevent any act which might
jeopardise law and order in a Schengen Member State.

the parties concerned shall

436

EN

Official Journal of the European Communities

22.9.2000

DECLARATION OF THE EXECUTIVE COMMITTEE

of 9 February 1998

on the abduction of minors

(SCH/Com-ex (97) Decl. 13 Rev. 2)

THE EXECUTIVE COMMITTEE,

awarded custody it is advisable, in any event, to enter an
alert on the minor pursuant to Article 97.

Whereas the abduction of minors or the unlawful removal of a
minor by one of the parents from the person to whom the
right of custody has been attributed is a matter of real concern
for the Contracting Parties to the Convention implementing
the Schengen Agreement;

the abovementioned
Taking into account Article 93 of
Convention, which declares that the purpose of the Schengen
Information System shall be to maintain public policy and
public security and to apply the provisions of this Convention
relating to the movement of persons;

it

Whereas
is up to the State concerned to decide in
accordance with national provisions whether an alert may be
entered into the Schengen Information System on the abductor
or the parent unlawfully removing the minor from the person
awarded legal custody;

Whereas it is not possible to include the necessary information
in the alert on the minor pursuant to Article 97 of the said
Convention;

Whereas a uniform solution should be found so that a minor
who has been abducted or unlawfully removed by one of the
parents from the person awarded legal custody can be located
and returned to that person as quickly as possible,

2. This alert shall be accompanied by an M form which shall
be sent to all Sirene Bureaux and shall contain full details
of the circumstances surrounding the disappearance as well
as information for the identification of the abductor and
the person(s) or institution legally accorded the right of
education or the right of custody.

3.

In the event that this information, for reasons appertaining
to national procedures, cannot be sent as provided for
under point 2, in the event of a hit it should be forwarded
as soon as possible to the Sirene Bureau of the State which
obtained the hit.

4. That the authorities entering the alerts into the Schengen
Information System follow this procedure and send the
the necessary information so
relevant Sirene Bureau all
that this may then be diffused via an M form.

5. That

it

is

imperative

that
authorities
equally
responsible for border control at
the external borders
systematically check the identity papers and the travel
documents of minors. This is particularly important
if
minors are travelling in the company of just one adult.

the

RECOMMENDS AS FOLLOWS:

1. Where a minor is unlawfully removed by one of

the
parents or by a third party from the care of the persons

6. That, as far as possible, documents should also be checked
in the course of controls or similar procedures within the
territory.

22.9.2000

EN

Official Journal of the European Communities

437

2.5. SIS

22.9.2000

EN

Official Journal of the European Communities

439

DECISION OF THE EXECUTIVE COMMITTEE

of 14 December 1993

on the Financial Regulation on the costs of installing and operating the Schengen Information
System (C.SIS)

(SCH/Com-ex (93) 16)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Articles 92 and 119 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

The Financial Regulation on the installation costs and the technical support
Schengen Information System (C.SIS), attached hereto is hereby adopted (*).

function costs of

the

This decision shall enter into force once all the Contracting States to the Implementing Convention have
notified that the procedure required by their legal system for these decisions to be binding on their
territory have been completed.

Paris, 14 December 1993.

The Chairman

A. LAMASSOURE

(*) Updated version: see SCH/Com-ex (97) 35.

440

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 25 April 1997

on awarding the contract for the SIS II preliminary study

(SCH/Com-ex (97) 2 rev. 2)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing
the Schengen Agreement,

Having regard to the decision adopted at the meeting held in
Luxembourg on 19 December 1996 to create a second
generation SIS, SIS II, which should not
the
integration of all Schengen States but should also comprise
new functions,

just permit

the

involves

creation of SIS II

Whereas
conducting a
preliminary study to define the architecture of the new system
and whereas, to this end, a procedure must be initiated in
accordance with Directive 92/50/EEC of 18 June 1992 relating
to the coordination of procedures for the award of public
service contracts,

HAS DECIDED AS FOLLOWS:

1. Portugal

to award the contract

is hereby instructed to work closely with the
other Schengen States
the
preliminary study for SIS II by initiating a procedure in
accordance with Directive 92/50/EEC of 18 June 1992
relating to the coordination of procedures for the award of
public service contracts and in accordance with applicable
Portuguese law.

for

2. Portugal

is hereby entrusted with the coordination and
this project, whilst working

budgetary management of
closely with the other Schengen States.

3. A Financial Regulation shall be drawn up to regulate all
the budgetary questions related to the preliminary study
for SIS II; this Regulation should provide Portugal with all
the legal and financial guarantees.

4. An Administrative Regulation shall also be drawn up to
define clearly the powers and obligations of all parties
involved, namely the contracting authority, the Schengen
States and the Schengen Secretariat.

5. The Schengen Secretariat

shall coordinate the project,
including administrative management and coordination
in close
between the various Schengen working groups,
collaboration with the project manager and the head of
budgetary management.

6. The Executive Committee hereby awards a mandate to the
procedure, more
supervise

the

Central Group
specifically with regard to:

to

(a)

the specifications for the preliminary study for SIS II
and the notice of call for tenders;

(b) the

Financial Regulation and the Administrative

Regulation.

Lisbon, 25 April 1997.

The Chairman

Francesco SEIXAS da COSTA

22.9.2000

EN

Official Journal of the European Communities

441

DECISION OF THE EXECUTIVE COMMITTEE

of 7 October 1997

on contributions from Iceland and Norway to the costs of installing and operating of the C.SIS

(SCH/Com-ex (97) 18)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Articles 92 and 119 of the abovementioned Convention,

Having regard to Articles 2 and 3 of the Cooperation Agreement between the Contracting Parties to the
Schengen Agreement and the Schengen Convention and the Republic of Iceland and the Kingdom of
Norway,

HAS DECIDED AS FOLLOWS:

1. The contributions of Iceland and Norway, hereinafter referred to as the States of the Cooperation

Agreement, to the costs of installing and operating the C.SIS:

The contributions of the States of the Cooperation Agreement shall correspond to their share in the
total of the gross domestic products of the Contracting Parties and the States of the Cooperation
Agreement.

The contributions of the Contracting Parties shall be calculated pursuant to Article 119 (1) of the
Schengen Convention.

2. Method of calculation:

(cid:151) The contributions from Iceland and Norway shall be calculated by means of a comparison of the
gross domestic products of all Contracting Parties and the States of the Cooperation Agreement.

(cid:151) The contributions from the Contracting Parties which are Member States of the EU shall be
calculated on the basis of the value added tax assessment base pursuant to the second sentence of
Article 119(1) of the Schengen Convention after deducting the contributions from Iceland and
Norway.

3. The deadline for payment of contributions by the Nordic States shall be fixed for 1 January 1997.

Vienna, 7 October 1997.

The Chairman

K. SCHL(cid:214)GL

442

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 7 October 1997

on the development of the SIS

(SCH/Com-ex (97) 24)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 92(3) of the abovementioned Convention,

Whereas the SIS Steering Committee has conducted an analysis (doc. SCH/OR.SIS (97) 146 rev. 2),

HAS DECIDED AS FOLLOWS:

Work carried out on SIS II will run concurrently with measures to renew the current C.SIS for 10 States.
However, preparations will be made to run it for 15 States to enable the Nordic States to be integrated
immediately after the SIS has been stabilised for 10 States on the new platform.

The Nordic States should be integrated as quickly as possible during the year 2000.

During implementation the following guidelines should be observed:

1. The parallel development of SIS I and SIS II will in no way affect the development of SIS II as a
strategic goal. Only the SIS II will be able to meet a certain number of essential operational demands.

2. This objective should be achieved by a restricted tender procedure organised by France, as the

contracting authority.

3. The parallel development of SIS I and SIS II entails all the States deciding to provide the necessary

resources in terms of funding and manpower.

Vienna, 7 October 1997.

The Chairman

K. SCHL(cid:214)GL

22.9.2000

EN

Official Journal of the European Communities

443

Subject: Development of the SIS

SCH/OR.SIS (97)146 Rev. 2

1. The note drafted by the PWP and the Steering Committee regarding the further development of

the SIS
(SCH/OR.SIS (97) 105 rev.) was presented at the meeting of the Central Group on 23 June 1997. No consensus as
to how to proceed was reached at this meeting.

2. At the meeting on 8 July 1997, the Steering Committee granted the PWP a mandate to analyse the preferred

scenarios again from a technical point of view and to prepare an overview of the requirements and costs.

3.

Intensive work by the PWP over the summer months has resulted in note SCH/OR.SIS-SIS (97) 425 rev., attached
as Annex, on the possibility for further technical development of the existing system, taking into account the
participation of the Nordic States in the SIS (SCH/OR.SIS (97) 425 rev.)

During this work, and particularly during discussions with the Consortium, it transpired that a decision on the
further development of the SIS must be taken quickly. Unless the system is upgraded by exchanging the hardware
and software, it will probably not be able to cope with the change of date for the millennium.

According to official statements by the Consortium, no guarantee can be given that the problems in the current
system can be solved. Moreover, the Consortium is of the opinion that the modifications would not be covered by
the existing maintenance contracts.

4. Technical factors make it impossible to integrate the Nordic States into the SIS before the new millennium.

After studying the PWP’s research, the Steering Committee recommends that the Central Group proceed as
follows:

Take a decision immediately on the procedure outlined below and (cid:151) in the light of the prevailing situation regarding
decisions at Executive Committee level (cid:151) submit this matter to the Executive Committee with a view to taking a
further decision.

Work carried out on SIS II will run concurrently with measures to renew the current C.SIS for 10 States.
However, preparations will be made to run it for 15 States to enable the Nordic States to be integrated
immediately after the stabilisation of the 10-State SIS on the new platform.

The Nordic States should be integrated as quickly as possible during the year 2000. The project aimed at renewing and
extending the SIS will therefore consist of two phases. The first phase will involve preparation of the hardware and the
technical specifications for a system that operates with 15 States and implementation for 10 States. The second phase
comprises the integration of the Nordic States.

During implementation account should be taken of the following guidelines:

1.

2.

3.

The parallel development of SIS.I and SIS.II will in no way affect the development of SIS.II as a strategic goal. Only
the SIS.II will be able to meet essential operational demands placed on the SIS. (The functional scope for SIS I will
remain the same after renewal).

The Steering Committee considers that the only way of ensuring that this scenario is realised is via a restricted
procedure for calls for tender. The procedure must be undertaken by France in accordance with Article 92,
paragraph 3 of the Schengen Convention.

The parallel development of SIS.I and SIS.II requires all States to demonstrate the readiness and the will to provide
the necessary resources in terms of
is estimated at
approximately FRF 16 million (excluding the cost of adapting the national Schengen Information Systems).

funding and manpower. The cost of updating SIS.I

The Steering Committee emphasises that any delay in decision-making will jeopardise the operation of the
system after 1 January 2000.

444

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 15 December 1997

amending the Financial Regulation on C.SIS

(SCH/Com-ex (97) 35)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Articles 92 and 119 of the abovementioned Convention,

Having regard to Articles 2 and 3 of the Cooperation Agreement between the Contracting Parties to the
Schengen Agreement and the Schengen Convention of the one part and the Republic of Iceland and the
Kingdom of Norway of the other,

HAS DECIDED AS FOLLOWS:

The version of the Financial Regulation on the costs of installing and operating the Schengen C.SIS
(SCH/Com-ex (93) 16 rev.), dated 20 December 1996, is hereby amended as follows.

Vienna, 15 December 1997.

The Chairman

K. SCHL(cid:214)GL

22.9.2000

EN

Official Journal of the European Communities

445

SCH/Com-ex (93)16 Rev. 2

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Articles 92 and 119 of the abovementioned Convention,

Having regard to Articles 2 and 3 of the Cooperation Agreement between the Contracting Parties to the
Schengen Agreement and the Schengen Convention of the one part and the Republic of Iceland and the
Kingdom of Norway of the other,

HAS DECIDED AS FOLLOWS:

The Financial Regulation for the costs of installing and operating for the technical support function for
the Schengen Information System (C.SIS), attached hereto, is hereby adopted.

FINANCIAL REGULATION

FOR THE INSTALLATION AND OPERATION OF THE SCHENGEN C.SIS

TITLE I

GENERAL PROVISIONS

The budget for the technical support function of the Schengen Information System in Strasbourg provided
for in Articles 92 and 119 of the Schengen Agreement of 14 June 1985, hereinafter the (cid:145)C.SIS(cid:146), shall be
made up of:

(cid:151) the installation budget for the central information system, for which expenditure shall be approved by

the Executive Committee, after receiving the Central Group’s opinion,

(cid:151) the operating budget, for which the annual amount of expenditure shall be approved by the Executive

Committee, after receiving the Central Group’s opinion.

The installation and operating budgets for the C.SIS shall as far as possible take into account the
multiannual table for the SIS installation and operating budgets.

The multiannual table for the SIS installation and operating budgets, covering at least three years, shall
contain an estimate of predicted expenditure.

The multiannual table for the SIS installation and operating budgets shall be updated each year by the SIS
Steering Committee and approved by the Central Group during the first quarter of the calendar year.

1. C.SIS own resources

C.SIS own resources for both the installation and operating budgets shall be composed of
the
contributions of the Contracting Parties and the States of the Cooperation Agreement, hereinafter (cid:145)the
cooperating States(cid:146). The cooperating States’ contributions shall be determined on the basis of their
share in the GDP aggregate of all the Contracting Parties and cooperating States. The Contracting
Parties’ contributions shall be determined on the basis of each Contracting Party’s share in the uniform
VAT assessment base within the meaning of Article 2(1)(c) of the Council Decision of 24 June 1988
on the system of the Communities’ own resources.

446

EN

Official Journal of the European Communities

22.9.2000

The breakdown of contributions among the Contracting Parties of the one part and the cooperating
States of the other shall be determined on the basis of the share of each Contracting Party and
cooperating State in the GDP aggregate of all the Contracting Parties and cooperating States for the
preceding year. The breakdown of contributions among the Contracting Parties shall be determined
each year, taking into account the cooperating States’ contributions, on the basis of each Contracting
Party’s share of own resources in the European Communities’ VAT resources, as established by the last
amendment to the Community budget for the preceding financial year.

The contributions of the Contracting Parties and cooperating States to each budget shall be calculated
and laid down in French francs by the French Contracting Party.

2. Payment of contributions

Each Contracting Party and cooperating State shall transfer its contributions to the following account:

Compte Tresor Public
Banque de France
No 9000-3
(agence centrale comptable du trØsor)

Each payment shall be lodged in a support fund set up under the French Republic’s budget (fonds de
concours No 09.1.4.782) with the Ministry of the Interior as beneficiary.

3. Accession of new States

If a new Contracting Party accedes, the following shall apply as of the date of accession:

(cid:151) the contributions of the Contracting Parties and the cooperating States shall be adjusted pursuant

to Title I.1 of this Financial Regulation;

(cid:151) the contributions of the Contracting Parties and the cooperating States shall be adjusted with a
view to fixing the new Contracting Party’s contribution to C.SIS operating costs as of the year of
accession;

(cid:151) the contributions of the Contracting Parties and the cooperating States shall be adjusted with a
view to allocating to the new Contracting Party a proportion of the costs previously incurred for
the installation of the C.SIS. This amount shall be calculated according to the share of the new
Contracting Party’s VAT resources in the total European Communities’ VAT resources for the
years in which costs were incurred for the installation of the C.SIS prior to the new Contracting
Party’s accession. This amount shall be reimbursed to the other States in proportion to their
contribution, calculated pursuant to Title I.1 of this Regulation.

TITLE II

INSTALLATION BUDGET

The French Republic shall bear all the advance costs of C.SIS installation in accordance with the rules of
law governing French public finances. The amounts fixed as the contribution of each Member State and
cooperating State shall be calculated and laid down in French francs by the French Contracting Party
pursuant to Title I.1 of this Financial Regulation.

22.9.2000

EN

Official Journal of the European Communities

447

1. Forecast expenditure

During the year before the budget is due to be implemented, the French Contracting Party shall draw
up an annual draft budget for C.SIS installation expenditure taking into account as far as possible the
provisional multiannual table for SIS installation and operations. This draft budget shall be submitted
to the Central Group for its opinion and to the Executive Committee for adoption at least six months
before the beginning of the financial year.

If the draft budget is rejected, the French Contracting Party shall prepare a new draft within one
month which, following the Central Group’s opinion, shall be submitted immediately to the Executive
Committee for adoption.

At the end of each quarter of the financial year, the Central Group shall, after receiving the SIS
Steering Committee’s opinion, authorise C.SIS installation expenditure as well as any unforeseen
expenditure, which shall be justified in a supporting document.

In the six months following the closure of the financial year, the French Contracting Party shall draw
up a multiannual table of the C.SIS installation expenditure that is authorised by the Central Group
until the end of the financial year.

This table shall be submitted to the Executive Committee for approval at the same time as the annual
draft budget for C.SIS installation expenditure.

The contributions of the respective States shall fall due for payment upon the Executive Committee’s
approval of expenditure and shall be paid pursuant to the procedure laid down in Title II.2.

The Contracting Parties and cooperating States undertake to cover all installation expenditure up to
the amount approved by the Executive Committee.

The Contracting Parties and cooperating States may choose to pay their contributions for C.SIS
installation in the form of an advance covering part or all of their forecast contribution.

2. Method of payment

As a rule, the contributions of the Contracting Parties and the cooperating States shall fall due on the
date on which the French Contracting Party makes the payments.

Nevertheless, and with a view to restricting the number of calls for payment, the French Contracting
Party shall send calls for payment to the States twice a year, on 30 April and 31 October, to take into
account the States’ deadlines for operating expenditure commitments.

The French Contracting Party shall send a letter containing a call for payment to the States via the
designated administrative authorities, details of which have been given to it.

This letter shall state:

(cid:151) the legal bases for the call for payment,

(cid:151) the amount of the C.SIS installation budget approved,

448

EN

Official Journal of the European Communities

22.9.2000

(cid:151) the amount to be paid for the period in question,

(cid:151) the necessary information for payment of the contribution, as stipulated under Title I.2 of this

Financial Regulation.

The following documents shall be attached to this letter:

(cid:151) a table showing the shares of the cooperating States, calculated on the basis of GDP, and a table
showing each State’s share of the C.SIS operating budget for the expenditure incurred during the
given period, calculated on the basis of its VAT share in the SIS;

(cid:151) copies of documents warranting the amount to be transferred.

To ensure the smooth transfer of payments, each State should attach to its transfer a note containing
the following information:

OBJET:

versement de la quote-part 199(cid:133) de l’Etat (cid:133) au budget d’installation du systŁme
informatique Schengen

MONTANT:

(cid:133) francs

BENEFICIAIRE: MinistŁre de l’IntØrieur, Direction des transmissions et de l’informatique

(SUBJECT:

payment of the 199(cid:133) contribution from (cid:133) (State) to the installation budget of the
Schengen Information System

AMOUNT:

(cid:133) francs

BENEFICIARY: Ministry of the Interior, Department of data transmission and informatics)

3. Financing by a State other than the French Republic

If, in agreement with the other Contracting Parties and the cooperating States, a Contracting Party or
this expenditure shall be
cooperating State directly bears part of
apportioned to the Contracting States in accordance with the distribution key laid down by the French
Contracting Party for the financial year in which the expenditure is made.

the C.SIS installation costs,

The Contracting Party or cooperating State having directly borne this expenditure shall inform the
French Contracting Party, which shall call
in the contributions of the contracting Parties and the
Cooperating States, calculated pursuant to this Financial Regulation.

The French Contracting Party shall reimburse the payment made as soon as the contributions owing
have been received from the other Contracting Parties and cooperating States.

TITLE III

OPERATING BUDGET

The French Republic shall bear the advance costs of C.SIS operations in accordance with the rules of law
governing French public finances. The amounts fixed as the contribution of each Contracting Party and
cooperating State shall be calculated and laid down in French francs by the French Contracting Party
pursuant to Title I.1 of this Financial Regulation.

1. Draft operating budget

During the year before the budget is due to be implemented, the French Contracting Party shall draw
up the draft budget for C.SIS operating expenditure. The draft budget shall be submitted to the Central
Group for its opinion and to the Executive Committee for adoption at least six months before the
beginning of the financial year.

22.9.2000

EN

Official Journal of the European Communities

449

This draft budget shall take into account as far as possible the multiannual table on SIS installation
and operations.

Documents on forecast expenditure shall be annexed to the draft budget.

The budget shall be adopted unanimously by the Contracting Parties.

If the draft budget is rejected, the French Contracting Party shall prepare a new draft within one
month which, following the Central Group’s opinion, shall be immediately submitted to the Executive
Committee for adoption.

During the period between the two consultations or failing adoption of the draft budget, the French
Contracting Party may call in the contributions of the Contracting Parties and the cooperating States
and initiate the implementation of the budget by provisional twelfths until such time as the budget for
the current financial year is adopted.

The French Contracting Party may submit an amending draft budget to the Executive Committee. This
shall be submitted to the latter for adoption following the Central Group’s opinion.

Any deficit or surplus arising during the financial year must be cleared the following year in the
course of the budget’s implementation.

2. Method of payment

The Executive Committee decision adopting the budget shall be duly notified to all the Contracting
Parties and cooperating States by the Presidency-in-office; the contributions of the Contracting Parties
and cooperating States shall fall due for payment immediately thereafter.

To this end, the French Contracting Party shall send each Contracting Party and cooperating State a
call for payment of contributions owing and shall forward the Presidency a copy thereof.

The Contracting Parties and the cooperating States shall pay their contributions in full by 30 April of
the current financial year.

If a Contracting Party does not honour its financial obligations by that date,
the Community
regulations in force governing the interest to be paid in default in payment of contributions to the
Community budget shall apply. These regulations shall apply mutatis mutandis in cases where a
cooperating State does not honour its financial obligations in due time.

The French Contracting Party shall send a letter containing a call for payment to the States via the
designated administrative authorities, details of which have been given to it, at the beginning of the
financial year in which the adopted operating budget is to be implemented.

The letter shall state:

(cid:151) the legal bases for the call for payment,

(cid:151) the amount of the operating budget adopted by the Executive Committee for the year in question.

450

EN

Official Journal of the European Communities

22.9.2000

A table showing the contributions of the cooperating States, calculated on the basis of GDP, and a
table showing each Contracting Party’s contribution to the C.SIS operating budget calculated on the
basis of its VAT share in the SIS, shall be attached to this letter. A table showing the calculation of the
GDP share and the VAT share in the SIS for the year in which the expenditure is to be made shall
also be annexed.

To ensure the smooth transfer of payments, each State should attach to its transfer a note containing
the following information:

OBJET:

versement de la quote-part 199(cid:133) de l’Etat (cid:133) au budget de fonctionnement du
systŁme informatique Schengen

MONTANT:

(cid:133) francs

BENEFICIAIRE: MinistŁre de l’IntØrieur, Direction des transmissions et de l’informatique

(SUBJECT:

payment of the 199(cid:133) contribution from (cid:133) (State) to the operating budget of the
Schengen Information System

AMOUNT:

(cid:133) francs

BENEFICIARY: Ministry of the Interior, Department of data transmission and informatics)

The Contracting Parties and cooperating States may choose to advance an amount to cover their
estimated contributions for a number of financial years.

TITLE IV

APPROVAL OF ACCOUNTS

At the beginning of each financial year, the French Contracting Party shall send the States a document,
this Financial Regulation, required for the Executive
drawn up on the basis of
Committee to give final discharge for the preceding financial year following the Central Group’s opinion.

the provisions of

The document shall contain:

1. For the installation budget

(cid:151) a statement of the expenditure made by the French Contracting Party and, where appropriate, by
the other Contracting Parties or the cooperating States pursuant to the provisions of Title II.3 of
this Financial Regulation;

(cid:151) the amount and breakdown of the contributions paid into the support fund (fonds de concours)

by each State and, where appropriate, any outstanding amounts to be recovered.

2. For the operating budget

(cid:151) a statement of expenditure made during the preceding financial year. This table shall indicate the
deficit or surplus as compared with the adopted budget pursuant to Title III.1 of this Financial
Regulation, so that the States may be charged or reimbursed the appropriate amounts;

(cid:151) the amount and breakdown of

the contributions paid into the support

fund and, where

appropriate, any amounts owing by the States.

The document shall be certified by a financial controller of the French Ministry of the Interior and
sent to all the Contracting Parties and cooperating States by the Presidency-in-office.

22.9.2000

EN

Official Journal of the European Communities

451

The Executive Committee’s approval of the said document shall constitute the final discharge of the
accounts presented by the French Republic for the financial year in question. Approval shall be given
during the first quarter of the year following the budgetary year in question.

A table showing the contributions of each State for the following financial year, calculated pursuant to
Title I.1 of this Financial Regulation, shall be attached to the document.

If a State decides to pay its contributions partly or wholly in the form of an advance, the document
shall indicate the outstanding balance following deduction of amounts owing for the budgetary year in
question.

This decision shall enter into force once all the Contracting Parties to the Schengen Convention have
given notification that the procedures required by their legal systems for these decisions to be binding on
their territory have been completed.

452

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 21 April 1998

on C.SIS with 15/18 connections

(SCH/Com-ex (98) 11)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article (92)3 of the abovementioned Convention,

Having regard to the Decision of the Executive Committee on the revision and extension of the C.SIS
(SCH/Com-ex (97) 24),

Having regard to the opinions of the technical groups, approved by the Central Group at its meeting on
30 March 1998,

HAS DECIDED AS FOLLOWS:

The revised C.SIS shall provide eighteen connections (cid:151) fifteen connections for the Signatory States and
three reserve technical connections.

Brussels, 21 April 1998.

The Chairman

J. VANDE LANOTTE

22.9.2000

EN

Official Journal of the European Communities

453

DECISION OF THE EXECUTIVE COMMITTEE

of 28 April 1999

on the Help Desk budget for 1999

(SCH/Com-ex (99) 3)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement, hereinafter (cid:145)the
Schengen Convention(cid:146)

Having regard to Article 119 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

1. The draft budget for 1999 for the Help Desk shall be fixed at BEF 1 880 000 for 1999.

2. The contributions from the Parties shall be calculated according to the distribution key laid down in
Article 119 of the Schengen Convention and pursuant to the Executive Committee Decision of 7
October 1997 (document SCH/Com-ex (97) 18).

3. This Decision shall constitute a mandate for the Benelux Economic Union, which is a party to this

contract, to launch the call for contributions from the Parties.

Luxembourg, 28 April 1999.

The Chairman

C. H. SCHAPPER

454

EN

Official Journal of the European Communities

22.9.2000

DECISION OF THE EXECUTIVE COMMITTEE

of 28 April 1999

on C.SIS installation expenditure

(SCH/Com-ex (99) 4)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Articles 92 and 119 of the abovementioned Convention,

Taking note of and approving document SCH/OR.SIS (99) 3 rev,

HAS DECIDED AS FOLLOWS:

The new expenditure added to the C.SIS installation budget is hereby approved and the share attributable
to each of the Schengen States shall thus fall due in accordance with the written procedure under Title II,
No 2 of the Financial Regulation for the costs of installing and operating the Schengen Information
System (C.SIS) (SCH/Com-ex (93) 16 rev. 2 of 15 December 1997).

Luxembourg, 28 April 1999.

The Chairman

C. H. SCHAPPER

22.9.2000

EN

Official Journal of the European Communities

455

SCH/OR.SIS (99) 3 Rev

Subject: Multiannual table of authorised C.SIS installation expenditure.

Situation as at 31 December 1998

In accordance with the Financial Regulations on the costs of installing and operating the C.SIS (SCH/Com-ex (93) 16
rev. 2), the French delegation presents overleaf the table summarising the new C.SIS installation expenditure authorised
at the end of the 1998 financial year.

As requested by the Steering Committee meeting of 14 January 1999, the figure quoted in this document for the
second quarter is not the same as the figure given in the second quarterly report (doc. SCH/OR.SIS (98) 118) as
approved by the Central Group on 8 September 1998.

In fact, that document quoted the amount earmarked for the C.SIS revision contract, namely of FRF 41 million. After
the contract was signed with Atos, the actual amount turned out to be less than the estimate, i.e. FRF 38 577 191.

The Steering Committee has been able to charge the difference to the third and fourth quarters for C.SIS revision
expenses under the same budgetary heading, without overshooting the amount initially authorised (FRF 41 million).

This substantial difference called for the table of authorised expenditure for 1998 to be amended, without waiting for
the C.SIS management report for 1998 to be published, which will give the details of actual expenditure.

This table should be submitted to the Executive Committee for approval.

456

EN

Official Journal of the European Communities

22.9.2000

Multiannual table of authorised installation expenditure for the technical support function of the C.SIS

as at 31 December 1998

Breakdown of expenditure

Amount in
French francs

Total

C.SIS I

Budget approved from 18 December 1991 (first budget) to
31 December 1997

54 828 609

Sub-total

New expenditure approved:

Expenditure approved during the first quarter of 1998

Expenditure approved during the second quarter of 1998

Expenditure approved during the third quarter of 1998

Expenditure approved during the fourth quarter of 1998

662 094

39 520 727

1 705 332

1 734 221

Sub-total

Total C.SIS I

SIS II

Budget approved up to 31 December 1997

2 400 000

I. Sub-total

New expenditure approved:

Expenditure approved during the first quarter of 1998

Expenditure approved during the second quarter of 1998

Expenditure approved during the third quarter of 1998

Expenditure approved during the fourth quarter of 1998

600 000

0

13 000

0

II. Sub-total

Total SIS II

Overall total

54 828 609

43 622 374

98 450 983

2 400 000

613 000

3 013 000

101 463 983

22.9.2000

EN

Official Journal of the European Communities

457

DECISION OF THE EXECUTIVE COMMITTEE

of 28 April 1999

on updating the Sirene Manual

(SCH/Com-ex (99) 5)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 108 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

The Sirene Manual has been updated; the new version (SCH/OR.SIS-SIRENE (99) 64) is attached to this
Decision (*).

Luxembourg, 28 April 1999.

The Chairman

C. H. SCHAPPER

(*) See SCH/Com-ex (98) 17.

458

EN

Official Journal of the European Communities

22.9.2000

DECLARATION OF THE EXECUTIVE COMMITTEE

of 18 April 1996

defining the concept of alien

(SCH/Com-ex (96) decl. 5)

Having regard to the Schengen Convention of 19 June 1990, in particular Article 134 thereof,

Having regard to the progress made within the European Union on placing persons, who are covered by
Community law, on the joint list,

In the context of Article 96 of the aforementioned Convention,

Persons who are covered by Community law should not in principle be placed on the joint list of persons
to be refused entry.

However, the following categories of persons who are covered by Community law may be placed on the
joint list if the conditions governing such placing are compatible with Community law:

(a)

family members of European Union citizens who have third-country nationality and are entitled to
enter and reside in a Member State, pursuant to a decision made in accordance with the Treaty
establishing the European Community;

(b) nationals of Iceland, Liechtenstein and Norway and members of their families who fall within the

scope of the provisions of Community law on entry and residence.

If it emerges that Community law covers a person included on the joint list of persons to be refused
entry, that person may only remain on the list if it is compatible with Community law. If this is not the
case, the Member State which placed the person on the list shall take the necessary steps to delete his or
her name from the list.

22.9.2000

EN

Official Journal of the European Communities

459

DECLARATION OF THE EXECUTIVE COMMITTEE

of 28 April 1999

on the structure of SIS

(SCH/Com-ex (99) decl. 2 rev.)

Pursuant to Article 108(1) of the Convention implementing the Schengen Agreement, each Contracting
Party shall designate an authority which shall have central responsibility for the national section of the
Schengen Information System.

The Executive Committee takes note of the lists submitted which have already been incorporated into the
joint list (see Annex, document SCH/OR.SIS (99) 1 rev.3 (*)).

Luxembourg, 28 April 1999.

The Chairman

C. H. SCHAPPER

(*) Restricted document.

22.9.2000

EN

Official Journal of the European Communities

461

2.6. MISCELLANEOUS

22.9.2000

EN

Official Journal of the European Communities

463

DECISION OF THE EXECUTIVE COMMITTEE

of 22 December 1994

on the certificate provided for in Article 75 to carry narcotic drugs and psychotropic substances

(SCH/Com-ex (94) 28 rev.)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 75 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

Document SCH/Stup (94) 21 rev. 2 annexed hereto, setting out the certificate to carry narcotic drugs
and/or psychotropic substances for the purposes of medical treatment, is hereby approved.

Bonn, 22 December 1994.

The Chairman

Bernd SCHMIDBAUER

464

EN

Official Journal of the European Communities

22.9.2000

SCH/Stup (94)21 rev 2

Certificate to carry narcotic drugs and/or psychotropic substances for the purpose of medical treatment
pursuant to Article 75 of the Implementing Convention

1. The Schengen States have adopted the certificate set out in Annex 1,

in accordance with Article 75 of the
Implementing Convention. The form shall be used uniformly in all the Schengen States and shall be drawn up in
the respective national languages. English and French translations of the form’s preprinted headings are provided
on the reverse side of the certificate.

2. The competent authorities of the Schengen State shall issue this certificate to persons resident on their territory
who want to travel to another Schengen State and who, owing to a medical prescription, need to take narcotic
drugs and/or psychotropic substances during this period. The certificate shall be valid for a maximum period of 30
days.

3. The certificate shall be issued or authenticated by the competent authorities on the basis of a medical prescription.
A separate certificate shall be required for each narcotic drug/psychotropic substance prescribed. The competent
authorities shall keep a copy of the certificate.

4. Doctors may prescribe narcotic drugs for travel needs of up to 30 days. The travel period may be shorter than this.

5.

Each Member State has designated a central office responsible for answering any questions that arise in this
connection (see Annex 2). The designated central office is also the authority with responsibility for issuing or
authenticating certificates in Belgium, Luxembourg and the Netherlands only.

ANNEX 1

(Country)

(Town)

(Date)

A. Prescribing doctor:

(Name)

(Address)

Where issued by a doctor:

(First name)

(Tel)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Doctor’s stamp)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Doctor’s signature)

B. Patient:

(Name)

(First name)

(Place of birth)

(Nationality)

(Address)

(Number of travel days)

C. Prescribed drug:

(Trade name or special preparation)

(International name of active substance)

(Instructions for use)

(Duration of prescription in days — maximum 30 days)

(Remarks)

(4)

(5)

(7)

(9)

(12)

(14)

(16)

(18)

(20)

(No of passport or other identity document)

(Data of birth)

(Sex)

(Validity of authorisation — maximum 30 days)

(Dosage form)

(Concentration of active substance)

(Total quantity of active substance)

D.

Issuing/accrediting authority (Delete where not applicable)

(Name)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Address)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Tel)

(22)

(23)

(Authority’s stamp)

(Authority’s signature)

(1)

(2)

(3)

(6)

(8)

(10)

(11)

(13)

(15)

(17)

(19)

(21)

(24)

Certification to carry drugs and/or psychotropic substances
for the purpose of medical treatment — Article 75 of the
Schengen Convention

Certificat pour le transport de stup(cid:216)fiants et/ou de substances
psychotropes (cid:224) des fins th(cid:216)rapeutiques — Article 75 de la
Convention d’application de l’Accord de Schengen

(1) Country, town, date

A.

Prescribing doctor

pays, d(cid:216)livr(cid:216) (cid:224), date

M(cid:216)decin prescripteur

(2) Name, first name, tel

nom, pr(cid:216)nom, t(cid:216)l(cid:216)phone

(3) Address

adresse

(4) Where issued by a doctor:

doctor’s stamp and signature

en cas de d(cid:216)livrance par un m(cid:216)decin: cachet, signature du
m(cid:216)decin

B.

Patient

(5) Name, first name

Patient

nom, pr(cid:216)nom

(6) No of passport or other identification document

no du passeport ou du document d’identit(cid:216)

(7) Place of birth

(8) Date of birth

(9) Nationality

(10) Sex

(11) Address

lieu de naissance

date de naissance

nationalit(cid:216)

sexe

adresse

(12) Duration of travel in days

dur(cid:216)e du voyage en jours

(13) Validity of authorisation from/to — maximum 30 days

dur(cid:216)e de validit(cid:216) de l’autorisation du/au — max. 30 jours

C.

Prescribed drug

M(cid:216)dicament prescrit

(14) Trade name or special preparation

nom commercial ou pr(cid:216)paration sp(cid:216)ciale

(15) Dosage form

forme pharmaceutique

(16)

International name of active substance

d(cid:216)nomination internationale de la substance active

(17) Concentration of active substance

concentration de la substance active

(18)

Instructions for use

mode d’emploi

(19) Total quantity of active substance

quantit(cid:216) totale de la substance active

(20) Duration of prescription in days — maximum 30 days

dur(cid:216)e de la prescription, en jours — max. 30 jours

(21) Remarks

remarques

D.

Issuing/accrediting authority
(delete where not applicable)

Autorit(cid:216) qui d(cid:216)livre/authentifie
(biffer ce qui ne convient pas)

(22) Name

(23) Address, tel

d(cid:216)signation

adresse, t(cid:216)l(cid:216)phone

(24) Authority’s stamp and signature

sceau, signature de l’autorit(cid:216)

22.9.2000

EN

Official Journal of the European Communities

467

ANNEX 2

CENTRAL AUTHORITY TO BE CONTACTED IN THE EVENT OF PROBLEMS

(Article 75 of the Convention)

BELGIUM:

MinistŁre de la SantØ Publique
Inspection gØnØrale de la Pharmacie
Quartier VØsale (cid:151) CitØ administrative de l’Etat
B-1010 Bruxelles
Tel.: 32 2 210 49 28
Fax: 32 2 210 63 70

GERMANY:

Ministerium f(cid:252)r Arbeit, Gesundheit und Soziales des Landes Nordrhein-Westfalen
Pharmaziedezernat
Horionplatz 1 (cid:151) Landeshaus
D-40213 D(cid:252)sseldorf
Tel.: 49 211 837 3591
Fax: 49 211 837 3662

GREECE:

Ministry of Health
Medicines Department
Narcotic Drugs Division
Aristotelous Street 17
Athens
Tel: 5225301

SPAIN:

Servicio de Restricci(cid:243)n de Estupefacientes
Direcci(cid:243)n Gral. de Farmacia y Productos Sanitarios
Ministerio de Sanidad y Consumo
E-Calle Principe de Vergara, 54
28006-Madrid
Chef du service: D. LUIS DOMINGUEZ ARQUES
Tel: 34-1-575 27 63
Fax: 34-1-578 12 31

FRANCE:

MinistŁre de la santØ
Direction GØnØrale de la SantØ
1. place de Fontenoy
F-75350 Paris CEDEX 07 SP
Tel: 33 1 40 56 47 16 or 40 56 43 41
Fax: 33 1 40 56 40 54

ITALY:

Ministero Sanit(cid:224)
Direzione Generale Servizio Farmaceutico
Ufficio centrale Stupefacenti
Via della Civilt(cid:224) Romana 7
I-00144 Roma
TØl.: (39-06) 59 94 31 77
Fax.: (39-06) 59 94 33 65

468

EN

Official Journal of the European Communities

22.9.2000

LUXEMBOURG:

MinistŁre de la santØ
Direction de la SantØ
L-2935 Luxembourg
Tel.: (352) 478 5550
Fax: (352) 48 49 03

THE NETHERLANDS:

Hoofdinspectie voor de geneesmiddelen van het Staatstoezicht op de Volksgezondheid
P.O. Box 5406
2280 HK Rijswijk
Tel.: 31.70.3406423

AUSTRIA:

Bundesministerium f(cid:252)r Gesundheit, Sport und Konsumentenschutz
Abteilung II/C/18
Radetzkysstra(cid:223)e 2
A-1030 Wien
tel: 711 72 4734
fax: 713 86 14

PORTUGAL:

Instituto nacional da Farmacia e do Medicamento (INFARMED)
Parque de Saœde
Av. do Brazil, 53
P-1700 LISBOA
Fax: 351 1 795 91 16 (*)

(*) Subject to approval by a higher authority.

22.9.2000

EN

Official Journal of the European Communities

469

DECISION OF THE EXECUTIVE COMMITTEE

of 28 April 1999

on the illegal trade in firearms

(SCH/Com-ex (99) 10)

THE EXECUTIVE COMMITTEE,

Having regard to Article 132 of the Convention implementing the Schengen Agreement,

Having regard to Article 9 of the abovementioned Convention,

HAS DECIDED AS FOLLOWS:

Henceforth, the Contracting Parties shall submit each year by 31 July their national annual data for the
preceding year on illegal trade in firearms, on the basis of the joint table for compiling statistics annexed
to document SCH/I-ar (98) 32.

Luxembourg, 28 April 1999.

The Chairman

C. H. SCHAPPER

470

EN

Official Journal of the European Communities

22.9.2000

ANNEX

SCH/I-Ar (98) 32

1. Total number of firearms seized (1) during the period (2) from (cid:133) to (cid:133) (*)

Reference period

Comparative period

Category (3) A

B 1 Handguns (4)

Category B

B 2 Long firearms (5)

Total:

Category C

Category D

Total

Category X (6)

(1) Includes the illegal trade, possession, illegal import and illegal carrying of firearms.
(2) If possible, should be defined on the basis of a calendar year, e.g. 1996.
(3) Firearms category pursuant to Directive 91/477/EEC.
(4) Handguns up to 60 cm total length.
(5) Long firearms.
(6) Includes firearms which cannot be subsumed under categories A to C, such as arms used as a warning, arms containing irritants or self-defence sprays.
(*) Noteworthy factors effecting the data should be given separately, not in the table (such as 1 000 firearms seized in one single operation, particularly frequent seizures

of one specific type of firearm).

22.9.2000

EN

Official Journal of the European Communities

471

2. Country of origin (1) of the firearms seized during the period from (cid:133) to (cid:133) (*)

Schengen States

Non-Schengen States

Category A

B 1 Handguns

Category B

B 2 Long firearms

Total:

Category C

Category D

Total:

Category X

(1) Country of origin ˚ country of manufacture.
(*) Noteworthy factors effecting the data should be given separately, not in the table (such as 1 000 firearms seized in one operation, particularly frequent seizures of one

specific type of firearm).

472

EN

Official Journal of the European Communities

22.9.2000

3. Means of transport used for the firearms seized during the period from (cid:133) to (cid:133) (*)

(expressed in %)

Train

Bus

HGV

Car

Aeroplane

Ship

Parcel post

B 1 Handguns

B 2 Long firearms

Category A

Category B

Category C

Category D

Category X

(*) Noteworthy factors effecting the data should be given separately, not in the table (such as 1 000 firearms seized in one operation, particularly frequent seizures of one

specific type of firearm).

22.9.2000

EN

Official Journal of the European Communities

473

4. Main smuggling routes for firearms seized during the period from (cid:133) to (cid:133) (*)

(Indicate the three most frequently used routes per category)

Country of origin (1)

Country of transit

Country of seizure

B 1 Handguns

B 2 Long firearms

Category A

Category B

Category C

Category D

Category X

1
2

3

1

2

3

1

2

3

1
2

3

1
2

3

1
2

3

(1) Country of origin ˚ country of manufacture.
(*) Noteworthy factors effecting the data should be given separately, not in the table (such as 1 000 firearms seized in one operation, particularly frequent seizures of one

specific type of firearm).