Draft proposal for a Regulation of the European Parliament and of the Council establishing a Community Code on Visas {SEC(2006) 957} {SEC(2006) 958}
Date: 2006-07-19
Institutions: European Commission
Subjects: EU visa policy, Schengen Agreement, administrative cooperation, administrative formalities, admission of aliens, approximation of laws, consolidation of EU law, illegal migration

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.7.2006 
COM(2006) 403 final 

2006/0142 (COD) 

Draft proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a Community Code on Visas  

(presented by the Commission) 

{SEC(2006) 957} 
{SEC(2006) 958} 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1) 

110 

•  Grounds for and objectives of the proposal 

Within  the  closer  Schengen  cooperation,  a  common  visa  policy  was  identified  as  a 
fundamental component of the creation of a common area without internal border controls. 

The  Schengen  acquis  on  visa  policy,  including  the  Common  Consular  Instructions  (CCI), 
which were drawn up in the framework of the Schengen intergovernmental cooperation, was 
incorporated into the institutional and legal framework of the European Union following the 
entry  into  force  of  the  Treaty  of  Amsterdam.  The  Schengen  provisions  on  visa  policy  have 
been allocated a legal basis1 (Article 62(2)(b)) and are therefore full part of Community law). 
The CCI are  currently the basic instrument governing the procedures and conditions for the 
issuance of short-stay visas, transit visas and airport transit visas, although certain principles 
also  appear  in  the  Schengen  Convention  itself  and  a  number  of  provisions  feature  in  other 
separate decisions.  

The  Hague  Programme  "underlines  the  need  for  further  development  of  the  common  visa 
policy  as  part  of  a  multi-layered  system  aimed  at  facilitating  legitimate  travel  and  tackling 
illegal  immigration  through  further  harmonisation  of  national  legislation  and  handling 
practices  at  local  consular  missions."  To  this  end,  among  other  measures,  the  Commission 
was invited "to review the Common Consular Instructions”. In order to meet the objectives of 
the Hague Programme and reinforce the coherence of the common visa policy on the issuance 
of the above-mentioned types of visas, the proposed Regulation: 

–  incorporates all legal instruments governing decisions in relation to visas into one Code on 

Visas,  

–  develops  certain  parts  of  the  current  legislation  in  order  to  take  account  of  recent 
developments and new dimensions of the visa issuance process and to fill in existing gaps;  

–  enhances transparency and legal certainty by clarifying the legal status of the provisions of 
the  CCI  and  its  annexes  by  removing  provisions  that  are  redundant  or  of  a  practical 
operational nature from the legal instrument;  

–  strengthens  procedural  guarantees  by  laying  down  rules  on  the  mandatory  motivation  of 

refusals of visa applications; 

–  reinforces the equal treatment of visa applicants by clarifying a number of issues in order 

to enhance the harmonised application of the legislative provisions. 

•  General context 

1 

Council Decision 1999/436/CE (OJ L 176, 10.7.1999). 

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The issuance of short-stay visas is currently governed by various legal instruments, as set out 
in the chapter below. Thus the "reviewing" exercise will simplify the legal framework, as the 
common visa policy will henceforth be governed by the four legal instruments listed below: 

–  Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals 
must  be  in  possession  of  visas  when  crossing  the  external  borders  and  those  whose 
nationals are exempt from that requirement (legal basis: TEC 62(2)(b)(i); 

–  Council Regulation (EC) No 1683/95 of 29 May 1995 laying down the uniform format for 

visas (legal basis: TEC 62(2)(b)(iii); 

–  Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms 
for  affixing  the  visa  issued  by  Member  States  to  persons  holding  travel  documents  not 
recognised by the Member State drawing up the form (legal basis: TEC 62(2)(b)(iii); 

–  the present Regulation establishing a Code on Visas (legal basis: TEC 62(2)(a), (b)(ii) and 

(iv) and 62(3)). 

It is recalled that due to the difference in legal basis, and the "variable geometry" linked to the 
legal basis, the maintenance of four separate instruments is necessary.130 

•  Existing provisions in the area of the proposal 

–  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose 
nationals  must  be  in  possession  of  visas  when  crossing  the  external  borders  and  those 
whose nationals are exempt from that requirement; 

–  Council Regulation (EC) No 1683/95 of 29 May 1995 laying down the uniform format for 

visas; 

–  the  Convention  implementing  the  Schengen  Agreement  of  14  June  1985  on  the  gradual 
abolition  of  checks  at  common  borders  (in  particular  articles  9-18,  which  lay  down 
common and uniform principles in that field); 

–  Council Regulation No 415/2003 of 27 February 2003 on the issue of visas at the border, 

including the issue of such visas to seamen in transit; 

–  the Common Consular Instructions on visas for the diplomatic missions and consular posts 
(CCI)  which  set  out  detailed  rules  for  implementing  these  principles  and  bring  together 
nearly all provisions related to the issuance of short-stay visas; 

–  Council Regulation (EC) No 1091/2001 of 28 May 2001 on the freedom of movement with 

a long-stay visa; 

–  Decisions  of  the  Schengen  Executive  Committee  (SCH/Com-ex  (93)  21,  SCH/Com-ex 

(93) 24, SCH/Com-ex (94) 25, SCH/Com-ex (98) 12 and SCH/Com-ex (98) 57; 

–  Joint Action 96/197/JHA of 4 March 1996 adopted by the Council on the basis of Article 

K.3 of the Treaty on European Union sets out arrangements for airport transit visas. 

140 

•  Consistency with the other policies and objectives of the Union 

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In the review and amendment of current rules on the issuance of visas, account has been taken 
of the recently adopted Schengen Borders Code in order to ensure coherence in legislation.  

Processing of visa applications should be conducted in a professional and respectful manner 
and  be  proportionate  to  the  objectives  pursued.  While  performing  their  tasks,  consular  staff 
shall  not  discriminate  against  persons  on  any  of  the  following  grounds:  sex,  racial  origin, 
religion or belief, disability, age or sexual orientation. 

2) 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Due  account  have  been  taken  to  problems  raised  by  the  authorities  of  third  countries  in 
relation  to  Member  States  treatment  of  visa  applicants  and  to  complaints  submitted  by 
individual visa applicants or their relatives. 

•  Collection and use of expertise 

Account  has  been  taken  of  discussion  among  Member  States  delegates  in  the  Council  Visa 
Working Party on problems in relation to the issuance of visa, as well as of findings of experts 
in  both  the  Targeted  Missions  on  local  consular  cooperation,  the  Schengen  evaluation 
missions. 

•  Impact assessment 

The  Commission  carried  out  an  impact  assessment  which  analysed  six  options  for  action: 
maintaining "status quo", establishment of common training of Member States' consular staff, 
reinforcement of local consular cooperation, minimal revision of current legislation, recast of 
current  legislation,  creation  of  common  consular  offices.  The  latter  option  of  reviewing  has 
been chosen as the solution to establish a coherent and exhaustive legislation and enhancing 
harmonisation in the most satisfactory and comprehensive manner. The impact assessment is 
attached to this proposal. 

3) 

LEGAL ELEMENTS OF THE PROPOSAL305 

•  Summary of the proposed action 

By  incorporating  all  legal  instruments  governing  the  conditions  and  procedures  for  issuing 
visas  into  one  Code  on  Visas,  enhancing  transparency  and  clarifying  existing  rules, 
introducing measures intended to increase the harmonisation of procedures, strengthen legal 
certainty  and  procedural  guarantees,  a  full  common  policy  with  equal  treatment  of  visa 
applicants is ensured.310 

•  Legal basis 

The proposed legal basis for this regulation are the following: 

–  basically,  Articles  62(2)(b)(ii)  of  the  EC  Treaty  (TEC)  because  the  proposed  legislation 

establishes common "rules on visas for intended stays of no more than three months"; 

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–  also Article 62(2)(a) of the TEC on "standards and procedures to be followed by Member 
States  in  carrying  out  checks  on  persons  at  such  external  borders",  in  order  to  integrate 
provisions on airport transit visa (ATV) into the unique Code on Visas. The ATV is not a 
"proper" visa intended for a stay in the territory of the Member States and, thus, does not 
fall under the notion of visa as per Article 62(2)(b). It is an authorisation given prior to a 
third country national's transit through the international area of Member States' airports, in 
order  to  prevent  illegal  entries.  It  can  thus  be  considered  as  "standards  and  procedures" 
relating to border control and prevention of illegal immigration.  

Subsidiarity principle 

Under Article 62(1) and (2)(b) of the EC Treaty, the Community has the power – and even the 
obligation  -  to  adopt  measures  relating  to  rules  on  visas  for  intended  stays  of  no  more  than 
three months. Such measures must be adopted within five years of the entry into force of the 
Treaty of Amsterdam.  

The current Community provisions on short-stay and transit visas form part of the Schengen 
acquis  that  has  been  integrated  into  the  framework  of  the  European  Union.  However,  the 
existing acquis needs to be clarified, developed and supplemented. This is also the case for the 
current  provisions  on  airport  transit  visas.  Obviously,  the  existing  acquis  on  short-stay  and 
transit visas and airport transit visas can only be developed by adopting Community measures 
based on the EC Treaty.  

Given  that  the  proposed  initiative  -  the  creation  of  a  Community  Code  on  Visas  -  the 
instrument is to be in the form of a regulation, in order to ensure that it is applied in the same 
way in all the Member States that apply the Schengen acquis. 

The objective of this exercise is to review existing legislation on the common visa policy and 
to  enhance  harmonisation.  Thus,  individual  action  on  the  part  of  Member  States  would  be 
impossible for legal reasons. 

Community action is the only possible way to achieve the objectives of the proposal for the 
following reason(s): 

Only EU action is possible given the legal basis and the objectives of the proposal. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

Article 5 of the EC Treaty states that "action by the Community shall not go beyond what is 
necessary to achieve the objectives of this Treaty". 

The form chosen for this Community action must enable the proposal to achieve its objective 
and be implemented as effectively as possible.  

The proposed Regulation has no financial impact on Member States' diplomatic missions or 
consular offices and the administrative impact of the new requirement is proportionate to the 
objective pursued.  

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•  Choice of instruments 

Proposed instruments: Regulation. 

The  provisions  on  the  procedures  for  all  decisions  in  relation  to  visas  are  mandatory  for  all 
Member States applying the Schengen acquis in full and thus a regulation is the only adequate 
legal instrument. 

4) 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5) 

ADDITIONAL INFORMATION 

•  Simplification 

The proposal provides for simplification of legislation. 

Various  legal  instruments  governing  the  procedures  and  conditions  for  issuing  visas  are  put 
into one Code on Visas. 

•  Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. 

•  Reviewing 

The proposal involves reviewing. 

•  Correlation table 

A  correlation  table  indicating  the  provisions  taken  on  board  from  CCI  and  Schengen 
agreement is attached to this proposal.  

•  Detailed explanation of the proposal 

1. Incorporation into one Code on Visas of all provisions governing the issuance of visas 
and decisions in relation to refusal, extension, annulment, revocation and shortening of 
visas issued 

1.1.  Airport Transit Visa (ATV) 

The provisions of the Joint Action, mentioned above, are contained in the CCI, to which the 
lists  of  nationals  who  are  subject  to  this  requirement  are  annexed.  In  order  to  enhance 
transparency  and  harmonisation  the  large  number  of  -  generally  identical  -  "unilateral" 
exemptions of certain categories of persons from this requirement have been harmonised. 

In  order  to  achieve  the  general  objective  of  harmonisation  of  all  aspects  of  visa  policy,  the 
possibility  for  individual  Member  States  to  impose  an  ATV  requirement  on  certain 
nationalities has been abandoned.  

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1.2. 

The issuance of visas at the border 

Council  Regulation  (EC)  No  415/2003  on  the  exceptional  issuance  of  visas  at  the  border, 
including  the  issuance  of  such  visas  to  seamen  in  transit  has  been  integrated  into  this 
Regulation. 

1.3.  Annulment and revocation of the validity of a visa 

Currently the rules on annulment and revocation of the validity of an issued visa are contained 
in  SCH/Com-ex  (93)  24  and  in  the  CCI,  Annex  14,  section  2.  All  of  these  provisions  have 
been merged into two separate articles, which clearly define which authorities are responsible 
for these tasks.  

1.4. 

Extension of an issued visa  

A third-country national present in the territory of the Member States on the basis of a valid 
visa, may have justified reasons for remaining beyond the date of expiration of his/her initial 
visa.  The  rules  governing  such  situations  (SCH  Com-ex  (93)  21)  have  been  rendered  more 
visible  and  a  harmonised  approach  has  been  proposed,  i.e.  extensions  should  only  take  the 
form of a stamp, corresponding to the model contained in an annex to the Regulation, as such 
extensions are in most cases granted by Member States' national authorities, who are unlikely 
for reasons of security to hold stocks of the highly secured visa stickers.  

1.5. 

Exchange of statistics 

Given  the  fact  that  analysis  of  statistics  in  relation  to  the  number  of  visas  issued  and  of 
refusals  is  a  valuable  management  tool  at  both  local  and  central  level  the  regulation 
establishes that such information shall be exchanged in a common format shall be notified to 
the  Commission  twice  a  year  (the  Commission  will  be  responsible  for  publishing  the  data) 
and  within  each  jurisdiction  every  month.  Despite  the  existence  of  two  SCH/Com-ex 
decisions on the exchange of statistics ((94) 25 and (98) 12) useful and comparative data on 
the number of visas issued and refused do not exist currently.  

2. 

New dimensions of the visa issuance procedure 

The establishment of the Visa Information System on the exchange of data between Member 
States on short-stay visas (VIS) will fundamentally change the processing of visa applications. 
On the one hand, Member States will automatically gain access to information on all persons 
having applied for a visa (within the 5-year period of retention of data) which will facilitate 
the  examination  of  subsequent  visa  applications.  On  the  other  hand,  the  introduction  of 
biometric identifiers as a requirement for applying for a visa will have a considerable impact 
on the practical aspects of receiving applications.  

As the VIS should become operational already 2007, the Commission has chosen to update 
the CCI in a separate legal proposal, which sets the standards for the biometric identifiers to 
be  collected  and  provides  for  a  series  of  options  for  the  practical  organisation  of  Member 
States' diplomatic missions and consular posts for the enrolment of visa applicants as well as 
for a legal framework for Member States' cooperation with external service providers. 

The  contents  of  that  proposal  are  inserted  into  and  adapted  to  the  structure  of  the  present 
proposal,  which  will  be  amended  once  negotiations  on  the  separate  proposal  have  been 
finalised.  

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The  provisions  for  the  cooperation  with  commercial  intermediaries,  such  as  travel  agencies 
and tour operators, have been strengthened, in order to take account of this new situation (see 
below). 

3. 

Developing certain parts of the acquis  

3.1. 

Enhanced transparency and reinforcement of the equal treatment of visa applicants  

Specific  provisions  on  Member  States'  obligation  to  provide  the  general  public  with  all 
relevant  information  in  relation  to  the  issuance  of  visas  have  been  introduced.  Moreover, 
provisions have been added, introducing:  

a) 

b) 

a maximum issuing time  

a clear distinction between inadmissible applications and formally refused applications 

full transparency  as  to  the  list of third countries whose nationals are  subject  to prior 

c) 
consultation 

d) 

e) 

f) 

shorter deadlines for the response time in the case of prior consultation  

a harmonised form providing proof of invitation, sponsorship and accommodation 

an obligation for Member States to notify and motivate negative decisions 

g) 
a  legal  framework  to  assure  a  harmonised  approach  to  cooperation  both  between 
Member States' diplomatic missions and consular posts and with external commercial service 
providers 

mandatory rules for the cooperation between Member States' diplomatic missions and 

h) 
consular posts with commercial intermediaries. 

3.1.1.  Prior consultation 

While acknowledging that Member States' central authorities may have legitimate reasons for 
wishing  to  be  consulted  before  visas  are  issued  to  nationals  of  certain  third  countries  or  to 
specific  categories  of  these  nationals,  the  Commission  proposes  speeding  up  the  current 
procedure  for  prior  consultation  in  the  light  of  technical  developments  (faster  access  to  and 
exchange of information) and in order to avoid prolonging the processing of visa applications 
unnecessarily and prevent adverse side effects such as "visa shopping".  

It  should  be  recalled  that  the  designation  of  additional  third  countries  for  such  compulsory 
prior consultation has on numerous occasions given rise to political discontent on the part of 
the  third  country  concerned.  Given  that  in  most  cases  only  one  or  a  few  Member  States 
require  to  be  consulted,  this  penalises  the  remaining  Member  States  as  they  have  to  await 
replies  from  the  consulted  Member  State  before  a  final  decision  can  be  taken  on  the  visa 
applications. Finally, certain Member States have provided proof that the added value of the 
prior consultation procedure in terms of objection to the issuance of a visa is very limited. 

In  order  to  avoid  some  of  these  adverse  effects,  the  Commission  suggests  substantially 
shortening the deadlines for responding to consultations, and introducing the possibility for a 
Member  State  to  request  to  merely  be  informed  of  visas  issued  to  nationals  of  certain  third 

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countries or specific categories of these nationals, as some Member States have stated that the 
primary  objective  of  consultation  is  for  their  central  authorities  to  be  informed  of  issuances 
rather than requesting refusals.  

In  order  to  enhance  transparency,  the  Commission  favours  declassifying  the  lists  of  third 
countries subject to prior consultation, which are currently classified as "EU RESTREINT". 
The confidentiality of this annex to the CCI is only relative, as in practical terms the length of 
the  processing  time  for  applications  by  certain  categories  of  persons  reveals  which  third 
countries are listed. Furthermore the contents of these classified Annexes are already available 
to the public via websites of Member States' diplomatic missions or consular posts. 

Finally, it could be questioned whether once the VIS is operational, and despite the fact that 
the VIS is not equipped with an alert function, there will be the same need for maintaining the 
consultation procedure, as central authorities of individual Member States will have access to 
information on all visas issued by all other Member States.  

3.1.2.  Inadmissibility  

Currently, there is no clear distinction between those visa applications that have been formally 
refused after full examination of the file and cases where such in-depth examination was not 
carried  out  because  the  applicant  failed  to  provide  additional  information.  The  Regulation 
introduces the notion of "inadmissibility", to be indicated in the VIS as distinct from a formal 
refusal. 

3.1.3.  Harmonised rules in relation to refusals  

Currently the notification and motivation of refusals are governed by Member States' national 
legislation  with  the  result  that  some  neither  notify  nor  motivate  grounds  for  refusal  to  the 
applicant,  whereas  others  only  motivate  refusals  of  certain  categories  of  applicants.  The 
recently  adopted  Schengen  Borders  Code  introduces  provisions  requiring  the  relevant 
authorities to substantiate decisions on refusal of entry, stating the precise reasons by means 
of a standard form to be given to the refused third-country national.  

For  reasons  of  transparency  and  equal  treatment  of  visa  applicants  and  in  order  ensure 
coherence in related legislation, the common visa policy must also cover this crucial issue. To 
this  end,  provisions  have  been  introduced  rendering  it  mandatory  for  Member  States' 
diplomatic missions and consular posts both to notify and indicate grounds for refusal in all 
cases.  

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3.2.  Harmonisation of practices at operational level 

3.2.1.  Stamp indicating that an application has been lodged  

Despite the existence of common rules on the use of the stamp indicating that an application 
has  been  lodged  as  well  as  on  the  content  of  this  stamp,  practices  vary  significantly.  Thus, 
provisions  have  been  introduced  to  cover  both  aspects,  thereby  ensuring  a  harmonised 
implementation. 

3.2.2.  Harmonised form providing proof of invitation, sponsorship and accommodation  

The  CCI,  Annex  15,  contains  "harmonised"  forms,  but  only  three  Member  States  have 
forwarded specimens, the contents of which differ. This Regulation introduces a harmonised 
form to be used by all Member States.  

Local  Consular  Cooperation  -  strengthening  of  the  harmonised  application  of  the 

3.3 
common visa policy  

While  acknowledging  that  the  core  legislation  is  directly  applicable  by  Member  States,  the 
Commission is also aware that the diversity of individual cases and local conditions makes it 
very difficult to draw up detailed rules valid in all circumstances and covering all situations. 
This is why the current acquis already acknowledges the essential role played by diplomatic 
and  consular  posts,  in  particular  in  assessing  migratory  risk  (it  should  be  noted  that  this 
particular aspect of the current acquis was reinforced by a legislative amendment in 2003).  

On  the  basis  of  the  findings  of  the  targeted  missions  on  local  consular  cooperation  (2004-
2005) in particular, a proper legal framework for local consular cooperation has been drawn 
up establishing the tasks to be carried out at local level and ensuring the essential link to the 
relevant central authorities and Council and to guarantee transparency. This new organisation 
of LCC also takes into account the Community institutional framework. 

Clarification of certain issues in order to enhance the harmonised application of 

4. 
legislative provisions 

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Visa with Limited Territorial Validity (LTV) 

Currently the provisions concerning LTV visas are split between different articles in various 
legal  instruments  (the  Schengen  Convention  and  the  CCI).  This  has  led  to  uncertainty  as  to 
the  conditions  for  issuing  this  type  of  visa  and  to  a  certain  degree  of  misuse  and  varying 
practices among Member States. Furthermore, it appears that both at operational and at central 
level  there  is  little  awareness  of  the  scope  of  the  obligation  to  inform  other  States  of  LTV 
visas issued. All provisions concerning the issuance of LTV visas have been integrated into 
one article, and the requirement to inform other Member States of the issuance of LTV visas 
has been restricted to those cases where the reason for issuing a visa with limited territorial 
validity  is  the  negative  response  from  a  Member  State  within  the  procedure  for  prior 
consultation or when a visa is issued to a third-country national who does not meet the entry 
conditions laid down in the Schengen Borders Code.  

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- 

Travel Medical Insurance (TMI)  

Council Decision 2004/17/EC as regards the inclusion of the requirement to be in possession 
of a travel medical insurance as one of the mandatory supporting documents for the grant of a 
uniform visa entered into force on 1 June 2004. As the application of this new measure was 
rather  problematic  in  a  number  of  locations,  among  other  things  because  of  loopholes  and 
ambiguities in the original Decision, additional guidelines for the application of the Decision 
were drawn up in October 2004. This Regulation clarifies the ambiguities of the original text 
and  turns  some  of  the  additional  guidelines  into  binding  rules.  Based  on  the  analysis  of 
Member  States'  replies  to  a  questionnaire  on  the  application  of  the  travel  medical  insurance 
requirement  (circulated  in  October  2005),  the  Commission  proposes  a  streamlining  and 
clarification  of  the  provisions  on  this  matter.  Moreover,  persons  being  -  exceptionally  - 
granted  a  visa  at  the  border,  seafarers,  when  exercising  their  profession,  as  well  as  persons 
holding  diplomatic  passports  and  person  applying  for  airport  transit  visa  are  systematically 
exempted  from  this  requirement.  In  the  first  case  the  urgent  circumstances  in  which  such 
persons apply for a visa render it disproportionate to require them to contract a travel medical 
insurance. As far as seafarers are concerned they are generally sufficiently covered by means 
of their work contract to comply with the Community provisions.  

5. 

Clarification of the legal status of the annexes to the CCI  

The current Common Consular Instructions contain eighteen annexes including a number of 
legal  provisions  and  various  pieces  of  information,  based  on  other  legal  sources  or 
notifications by Member States: lists of third-country nationals subject to visa requirements, 
exemptions  for  holders  of  certain  types  of  travel  documents,  table  of  representation, 
documents entitling the holder to entry without a visa, technical specifications (specimen of 
visa  stickers,  harmonised  forms  providing  proof  of  invitation  etc.),  practical  operational 
information  (guidelines  for  filling  in  the  visa  sticker),  information  on  individual  "practices" 
(reference amounts, information to be entered into the "comments" section). 

In order to clarify the legal status of these annexes, the Commission has decided, as was the 
case  with  the  recent  recast  of  the  Common  Manual,  only  to  keep  those  annexes  that  are 
directly  linked  to  the  implementation  of  the  provisions  contained  in  the  body  of  the  text, 
namely  annexes  I-XIII  to  the  Regulation.  These  annexes  will,  in  future,  be  subject  to 
amendment via a committee procedure, in accordance with Article 202 of the EC Treaty and 
Council Decision 1999/468/EC, as the Commission considers that these practical provisions 
are in fact measures implementing the principles set out in Title V of the Regulation. 

6. 

Deletions 

6.1.  National visas  

As the  Regulation concerns the issuance  of  Schengen short-stay and transit  visas as well as 
airport transit visas, all reference to national visas ("D" visas) has been deleted. 

6.1.2.  Long-stay  national  visa  valid  concurrently  as  a  short-stay  Schengen  visa  ("D+C" 
visas) 

This  type  of  visa  was  introduced  on  the  basis  of  a  Member  State's  initiative  in  2001 
(Regulation (EC) No 1091/2001. The "D+C" visa is valid concurrently as a uniform short-stay 
visa for a period of not more than three months from its initial date of validity. On the basis of 

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available information, it appears that most Member States either do not issue D+C visas at all 
or only issue very small numbers2. It has also been noted on numerous occasions that there is 
little or no knowledge at all among consular staff of this type of visa or the conditions under 
which it can be issued, and thus applicants are not informed of this possibility. Moreover, it 
has  been  established  that  in  many  case  the  national  visa  registration  and  processing 
programmes do not even allow for the possibility of considering applications for such a visa 
or the printing of the visa sticker. At the same time a number of Member States allow their 
diplomatic  missions  and  consular  posts  to  issue  residence  permits,  thus  rendering  the  D+C 
visa superfluous. Moreover, once the period of three months from the initial date of validity of 
the D+C visa has expired, the holders - by then legally present on the territory of the Member 
State that has issued the visa - are no longer allowed to circulate within the entire territory of 
the Member States. 

Therefore, the Commission proposes to abolish this type of visa in order to simplify matters 
and  require  Member  States  to  speed  up  the  issuance  of  residence  permits  to  those  third-
country nationals entitled to receive them.  

6.2.  Abolishment of group visas 

With  the  introduction  of  biometric  identifiers  as  part  of  the  data  to  be  provided  by  visa 
applicants  and  the  registration  of  individual  applicants  in  the  VIS,  it  is  not  possible  to 
maintain the possibility of a group visa. Each applicant, even spouses and children travelling 
on  the  same  passport,  must  fill  in  individual  application  forms  and  individual  visa  stickers 
must be issued by means of the separate sheet for affixing visas.  

6.3. 

"Removal" of Annex 2 to the CCI 

It is recalled that Annex 2 of the CCI contains the list of third countries, listed in Annex I to 
Regulation  (EC)  No  539/2001,  whose  nationals  are  exempt  from  visa  requirements  when 
holding  "diplomatic,  official  and  service  passports"  and  the  list  of  third  countries,  listed  in 
Annex II to Regulation (EC) No 539/2001, whose nationals are subject of visa requirements 
when  holding  "diplomatic  passports,  service/official  and  special  passports".  Currently 
Regulation  (EC)  No  789/2001  governs  the  procedures  for  Member  States’  notification  of 
amendments  to  Annex  2  despite  the  fact  that  the  legal  basis  for  Member  States'  unilateral 
exemptions is Regulation (EC) No 539/2001, which states that information on the exemptions 
pursuant  to  Article  4  of  that  Regulation  shall  be  notified  to  the  Commission  (who  is 
responsible  for  timely  and  regular  publication  of  this  information).  In  order  to  avoid  the 
overlapping of procedures and as there is no legal link between the exceptions form the visa 
requirement under (EC) Regulation No 539/2001 and the Regulation on the Code governing 
the conditions and procedures for issuing visas this information is not be annexed to the Code 
on Visas.  

6.4.  Deletion of Annex 6 

According  to  the  rules  proposed  for  access  to  data  in  the  VIS  regulation,  honorary  consuls 
shall no longer be authorised to issue visas.  

7. 

Harmonised application at operational level of the "Code on Visas"  

2 

According  to  visas  statistics  for  2004  (doc.  9749/05),  Member  States  issued  1 017 348  "D"  visas  and 
only 20 938 "D+C" visas. 

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As mentioned above, the Code on Visas shall only contain legal provisions on the issuance of 
short-stay  and  transit  visas  as  well  as  airport  transit  visas.  In  order  to  ensure  that  Member 
States  henceforth  refrain  from  their  current  practice  of  drawing  up  national  instructions  to 
"superimpose"  the  common  rules,  one  single  common  set  of  instructions  on  the  practical 
application of the legislation shall be drawn up. 

While  preparing  the  proposal  on  the  Code  on  Visas,  the  Commission  in  parallel  considered 
the format and content of the practical "Instructions on the practical application of the Code 
on  Visas"  establishing  the  harmonised  practices  and  procedures  to  be  followed  by  Member 
States' diplomatic missions and consular posts when processing visa applications. 

These Instructions, which will be drawn up within the procedure provided for in Title V of the 
Regulation, will by no means add any legal obligations to the Visa Code but be of a purely 
operational nature. They shall be finalised by the date of entry into force of the Code.  

6) 

CONSEQUENCES OF THE VARIOUS PROTOCOLS ANNEXED TO THE TREATIES  

The  legal  bases  for  the  proposals  on  measures  relating  to  the  rules  on  short-stay  and  transit 
visas are to be found in Title IV of the EC Treaty, with the result that the system of “variable 
geometry”, provided for in the protocols on the position of the United Kingdom, Ireland and 
Denmark and the Schengen protocol, applies. 

This  proposal  builds  upon  the  Schengen  acquis.  Therefore  the  following  consequences  in 
relation to the various protocols have to be considered: 

Iceland and Norway: 

The procedures laid down in the Association Agreement3 concluded by the Council and the 
Republic of Iceland and the Kingdom of Norway concerning the latter's association with the 
implementation, application and development of the Schengen acquis are applicable, since the 
present proposal builds on the Schengen acquis as defined in Annex A of this Agreement. 

Denmark: 

Pursuant  to  the  Protocol  on  the  position  of  Denmark  annexed  to  the  TEU  and  the  TEC, 
Denmark will not participate in the adoption of the Regulation and is therefore not bound by it 
or subject to its application. Given the fact that the Regulation is an act which aims to build 
upon the Schengen acquis in accordance with the provisions of Title IV of the TEC, Article 5 
of the above-mentioned Protocol applies. 

United Kingdom and Ireland: 

According  to  Articles  4  and  5  of  the  Protocol  integrating  the  Schengen  acquis  into  the 
framework  of  the  European  Union  and  Council  Decision  2000/365/EC  of  29  May  2000 
concerning  the  request  of  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland4,  and 
Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part 

3 
4 

OJ L 176, 10.7.1999, p. 36. 
OJ L 131, 1.6.2000, p. 43. 

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in some of the provisions of the Schengen acquis5, the United Kingdom and Ireland are not 
taking  part  in  the  adoption  of  the  Regulation  and  are  not  bound  by  it  or  subject  to  its 
application. 

Switzerland: 

As  regards  Switzerland,  this  proposal  constitutes  a  development  of  the  provisions  of  the 
Schengen  acquis  within  the  meaning  of  the  Agreement  signed  by  the  European  Union,  the 
European  Community  and  the  Swiss  Confederation  on  the  latter's  association  with  the 
implementation,  application  and  development  of  the  Schengen  acquis  which  fall  within  the 
area  referred  to  in  Article  4(1)  of  the  Council  Decision  2004/860/EC6  on  the  signing,  on 
behalf of the European Community, and on the provisional application of certain provisions 
of this Agreement. 

The  Agreement  with  Switzerland,  signed  on  26  October  2004,  provides  for  the  provisional 
application of certain provisions upon signature, in particular the participation of Switzerland 
in the Mixed Committee dealing with the development of the Schengen acquis. 

7) 

CONSEQUENCES  FOR  THE  NEW MEMBER STATES  OF  THE  TWO-STAGE  PROCEDURE 
FOR IMPLEMENTING INSTRUMENTS BUILDING ON THE SCHENGEN ACQUIS  

Article 3(1) of the Act of Accession states that the provisions of the Schengen acquis and the 
acts building upon it or otherwise related to it, listed in Annex I to the Act, will be binding on 
and applicable in the new Member States from the date of accession7. Provisions and acts not 
referred to in the Annex, while binding on the new Member States from the date of accession, 
will only apply in a new Member State pursuant to a Council decision to that effect taken in 
accordance with the article (Article 3(2) of the Act of Accession). 

This is the two-stage implementation procedure, whereby certain provisions of the Schengen 
acquis  are  binding  and  applicable  from  the  date  of  accession  to  the  Union  whereas  others, 
specifically  those  linked  intrinsically  to  the  removal  of  checks  at  the  internal  borders,  are 
binding  from  the  date  of  accession  but  applicable  in  the  new  Member  States  only  after  the 
Council decision referred to above. 

The  Schengen  provisions  on  visa  policy  (Articles  9  to  17  of  the  Schengen  Convention  and 
their implementing decisions, in particular the Common Consular Instructions, except for its 
annexes 1, 7, 8 and 15) are not listed in the Annex. 

As  a  result,  this  proposal,  which  replaces  and  builds  on  the  Common  Consular  Instructions 
and certain provisions of the Schengen Convention with a view to establishing a Community 
Code on the rules on Visas, when adopted, will not be applicable to the new Member State, 
except for the provisions in relation to the issuance of airport transit visa. 

5 
6 
7 

OJ L 64, 7.3.2002, p. 20. 
OJ L 370, 17.12.2004, p. 78. 
OJ L 236, 23.9.2003, p. 33. 

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8) 

COMMENTS ON THE ARTICLES  

General comment 

In order to take account of the Community framework and terminology the term "Contracting 
Party(ies)"  has  been  replaced  by  “Member  State(s)”  in  the  definitions  and  throughout  the 
proposal.  Obviously,  references  to  “Member  State(s)”  should  be read  in  the  light  of,  firstly, 
the  Schengen  Protocol,  as  regards  the  application  of  the  Schengen  acquis  by  the  United 
Kingdom and Ireland (see point 6 above) and, secondly, Article 3 of the Treaty of Accession 
providing for the application of the Schengen acquis by the new Member States in two stages 
(see point 7 above). In addition, the special position of Norway, Iceland and Switzerland with 
respect to the Schengen acquis must also be taken into account, as explained in point 6 of the 
explanatory memorandum. 

Title I: General provisions 

Article 1: 

Objective and scope 

Paragraph  1  of  this  article  defines  the  objective  of  the  regulation,  namely  to  lay  down 
conditions  and  procedures  for  the  processing  of  visa  applications  for  stays  not  exceeding  3 
months in a 6 months period. 

Paragraph  2  establishes  that  the  regulation  applies  to  third  country  nationals  subject  to  this 
requirement in accordance with Council Regulation (EC) No 539/2001. Moreover, a general 
reference  is  made  to  the  rights  of  free  movement  enjoyed  by  specific  categories  of  third-
country nationals under Community legislation. 

Paragraph (3) covers the lists of third countries whose nationals are subject to airport transit 
visas.  The  common  list  (Annex  VII)  is  defined  in  the  present  regulation  (and  not  Council 
Regulation (EC) No 539/2001). 

Article 2: 

Definitions 

Most  of  the  definitions  set  out  in  this  article  are  essentially  taken  from  the  Schengen 
Convention and the Common Consular Instructions (CCI), although account has been taken of 
the need to clarify and develop some of these definitions and add a few. The definitions listed 
in the regulation correspond to the definitions used in Regulation (EC) No 539/2001 and in 
the Schengen Borders Code. 

The  concept  of  “third-country  national”  is  defined  by  default,  by  excluding  citizens  of  the 
European  Union  within  the  meaning  of  Article  17(1)  of  the  EC  Treaty.  It  therefore  also 
includes refugees and stateless persons. 

The definition of a “visa” corresponds to the definition in Regulation (EC) No 539/2001 with 
the addition of the reference to airport transit, which is distinct from “stay” and the ordinary 
meaning of “transit”. This addition has also been necessary because of the integration of the 
Joint Action on airport transit into the Community legislative framework.  

The  notion  “uniform”  in  the  meaning  of  one  visa  allowing  the  holder,  once  given  entry,  to 
circulate  in/transit  through  several  or  all  Member  States  has  been  maintained  as  opposed  to 
the visa with “limited territorial validity” (LTV) allowing the holder to stay in only one or a 
number  of  Member  States  and  the  “airport  transit  visa”,  which  is  needed  for  certain  third 

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country nationals in order to transit through the international transit areas of Member States’ 
airports. 

As one of the conditions for the issuing of “uniform” visas is that all Member States recognise 
the travel document presented by the applicant, it has been judged necessary to specify what 
is  meant  by  a  “recognised  travel  document”  means.  In  the  current  formulations  in  the 
Schengen  Convention  and  the  CCI,  the  term  “valid”  is  used  to  describe  both  authenticity, 
temporal validity and recognition, giving rise to some confusion. In order for Member States’ 
diplomatic  missions  and  consular  posts  to  know  whether  a  uniform  visa  can  be  issued  or 
whether  an  LTV  visa  must  be  issued,  this  notion  is  important.  Given  the  legal  basis  of  the 
present  proposal,  it  is  not  possible  to  cover  the  decisions  of  the  Schengen  Executive 
Committee SCH/Com-ex (98) 56 and (99)14 setting out the provisions for the compilation of 
the Manual of travel documents entitling the holder to cross the external borders and which 
may be endorsed with a visa.  

However,  it  would  only  seem  logical  to  integrate  this  fundamental  document  into  the 
Community legislative framework.  

The definition of “visa sticker” refers to the definitions set out in Regulation (EC) No 1683/95 
and the wording is the one used in the VIS Regulation. 

The “separate sheet for affixing a visa” is defined referring to Regulation (EC) No 333/2002 
on  the  uniform  format  for  forms  for  affixing  visas  issued  by  Member  States  to  persons 
holding travel document not recognised by the Member State drawing up the form. 

Title II: 

Receipt and processing of the visa application 

Chapter I: 

Authorities taking part in the processing visa applications  

Article 3: 

Authorities competent for processing visa applications 

These  provisions  have  been  taken  over  from  the  CCI  as  well  as  the  Schengen  Convention, 
however,  specifying  the  notion  of  processing,  in  the  sense  of  examining  visa  applications, 
which  should  always  be  carried  out  by  Member  States’  diplomatic  missions  and  consular 
posts.  As  a  result  of  recent  developments  (increasing  numbers  of  visa  applications,  security 
risks  for  consular  staff  etc.)  and  the  forthcoming  introduction  of  the  collection  of  biometric 
identifiers  as  one  of  the  requirements  for  applying  for  a  visa,  Member  States’  diplomatic 
missions and consular posts are no longer exclusively receiving visa applications.  

However, Annex 6 to the CCI has been repealed in order to exclude honorary consuls from 
being involved in the processing of visa applications. 

The provisions of Council Regulation (EC) No 415/2003 on the issuance of visa at the border 
have been taken on board in the Regulation (paragraph 2) 

Article 4: 

Territorial competence  

In the CCI it is indicated that “when” non-residents apply, their applications should be dealt 
with  in  a  certain  manner.  As  Member  States’  practice  differ  on  this  point,  the  Regulation 
establishes clearly that third-country nationals must apply for visas in their country of origin 
(paragraph 1) and only non-residents legally present in a country different form their country 
of  residence,  and  who  have  justified  reasons  for  applying,  may  do  so  (paragraph  2). 

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Generally, Member States’ diplomatic missions or consular posts shall contact in such cases 
their colleagues in the country of residence of the applicant or their central authorities before 
issuing a visa (paragraph 3). 

Article 5: 

Member State responsible for processing the visa application 

These provisions have been carried over from the CCI and set out the criteria for determining 
which  diplomatic  mission  or  consular  post  is  responsible  for  processing  a  visa  application. 
Applications  for  multiple  entry visas shall be submitted to the consular post of the Member 
State where the applicant usually goes (which is the justification for applying for a multiple 
entry  visa),  although  the  holder  would  be  allowed  to  travel  to  other  destinations  within  the 
Member States. The reason why such visas can only be issued in the applicant’s country of 
residence is that only the consular post situated there will be able to fully assess the integrity 
of the applicant.  

Article 6: 
present within a Member State’s territory 

Competence  in  relation  to  issuance  of  visas  to  third  country  nationals  legally 

Currently  a  fairly  high  number  of  visas  are  issued  within  the  territory  of  Member  States 
despite the fact that such persons will not cross the external borders. However, explicit rules 
should be introduced to cover situations where third country nationals, legally present on the 
territory of one Member State, and having justified reasons for travelling to another Member 
State but without holding the documents allowing them to circulate.  

Article 7: 

Arrangements on representation 

Most of the content of this article has been taken from the CCI. However, efforts have been 
made to restructure the provisions to make them clearer and specific rules have been added 
ensuring timely information of applicants and other Member States both locally and centrally 
about  the  entry  into  force  or  interruption  of  agreements  on  representation.  Member  States 
taking the initiative to outsource part of the visa handling procedure must inform the Member 
State(s) they represent before starting such cooperation. 

Paragraph 6 clarifies the situation in cases where the diplomatic mission or consular post of 
the representing Member States envisages refusing a visa applicant. In such case the entire file 
shall be submitted to the central authorities of the represented Member State in order for them 
to take the final decision on refusal and Article 23(3) on information of the refused applicant 
shall apply. In this manner, it is ensured that a final decision it taken on the application, and 
the applicant is not, as it is currently often the case, just asked to submit the application again 
to the nearest consular office of the represented Member State.  

Paragraph 2 shall be amended in order to take account of the outcome of negotiations on the 
Proposal amending the CCI in relation to the introduction of biometrics including the setting 
up of Common Application Centres.  

Article 8: 

Prior consultation of the Member State’s own central authorities 

The procedure of prior consultation of the central authorities of the issuing diplomatic mission 
or  consular  post  before  visas  to  specific  categories  of  persons  or  nationals  of  specific  third 
countries already exists and the list of third countries for which such consultation is required 

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is set out in Annex 5 to the CCI (classified “EU RESTREINT”). Paragraph 2 establishes that 
such consultation must not prolong the processing of the visa application. 

Paragraph  3  establishes  that  within  the  framework  of  representation  arrangements,  it  is  the 
central authorities of the representing Member State that must consult the control authorities 
of the represented Member States (for third countries listed in Annex I). 

Article 9: 
States 

Prior  consultation  and  information  of  central  authorities  of  other  Member 

Paragraph  1  sets  out  provisions  on  a  Member  States’  central  authorities  request  for  being 
consulted  before  other  Member  States’  diplomatic  missions  or  consular  posts  issue  visas  to 
specific categories of persons or to nationals of specific third countries.  

Paragraph  2  sets  the  deadlines  for  response  by  the  consulted  Member  State  which  shall  be 
three  working  days.  In  the  absence  of  a  reply  within  the  deadline,  the  consulting  Member 
State  may  allow  its  diplomatic  mission  or  consular  post  to  issue  the  visa  for  which  the 
consultation had been launched. 

In paragraph 3 a procedure for simple information is introduced, thus responding to the wish 
of a number of Member States expressed during discussions in 2002-2003: rather than being 
consulted Member States’ central authorities wish to be informed about the issuance of visa to 
nationals of specific third countries or to specific categories of these nationals. 

Paragraph  5  establishes  that  within  the  framework  of  representation  arrangements,  it  is  the 
central authorities of the representing Member State that must consult other Member States’ 
central authorities (for third countries listed in Annex II). 

Chapter II: 

The application  

Article 10: 

Practical modalities for submission of the application 

This  article  is  new,  in  the  sense  that  it  sets  out  the  general  principles  for  the  “material” 
submission of application and is linked to Article 11, where the concept of “admissibility” is 
introduced. Paragraph 1 indicating that applications can not be applied for earlier than three 
months ahead of the planned journey is currently only mentioned at a note on 1 of Annex 13 
to the CCI. It is important that visas are not issued too long before the journey is to take place 
to avoid that the applicant’s situation on the basis of which a visa has been issued does not 
change.  

Paragraph 2 refers to the requirement of all first time applicants to submit their application in 
person for the purpose of capturing biometric data, which must happen at the moment of the 
submission of the application. 

Paragraphs  3  and  4  are  necessary,  as  an  increasing  number  of  Member  States  diplomatic 
missions and consular offices have introduced appointment systems. Paragraph 5 shall be read 
in conjunction with Articles 11 and 19. 

Article 11: 

Capturing of biometric data 

This  article  sets  out  the  requirements  for  the  capturing  of  biometric  data,  the  categories  of 
persons exempted. The content of this Article corresponds to the proposal for a Regulation of 

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the European Parliament and of the Council amending the Common Consular Instructions on 
visas for diplomatic missions and consular posts in relation to the introduction of biometrics 
including provisions on the organisation of the reception and processing of visa applications 
presented by the Commission on 31 May 2006 [COM(2006) 269]. 

Article 12: 

Submission of a visa application 

This article lists the requirements in terms of the documentation that an applicant must present 
in order for his/her application to be considered admissible. Establishing such rules will make 
it  easier  for  applicants  to  prepare  their  application  and  expedite  the  examination  as  the 
diplomatic mission or consular post will receive complete files. In addition, as Member States 
are increasingly allowing  diplomatic  missions and consular  posts to cooperate with external 
service providers, it is essential – given this intermediary between the applicant and the staff 
that  examines  the  application  -  that  precise  information  is  obtained  from  the  outset,  thus 
saving the applicant from having to provide additional information. By doing so, this Article 
defines  when  a  visa  application  can  be  considered  as  being  submitted.  If  all  the  elements 
listed in Article 12 are present, the visa application is "admissible". 

This  is  also  important  in  order  to  distinguish  “rejections”  of  applications  before  proper 
examination  has  started  from  formally  refused  applications.  The  introduction  of  this 
distinction  will  moreover  bring  about  more  realistic  statistics  as  formal  refusals  will  be 
distinguished  from  cases  where  examination  has  not  been  completed,  and  thus  the  refusal 
rates  will  give  the  true  picture  of  the  situation.  Comparison  of  refusal  rates  is  an  important 
management tool for Member States’ diplomatic missions and consular posts within the same 
jurisdiction.  

Article 13: 

The application form 

Paragraph  1  has  been  taken  over  from  the  CCI,  but  with  the  addition  of  requiring 
accompanying  persons  included  in  the  passport  of  the  applicant  to  fill  in  individual 
application forms. Subsequently individual visa stickers will be issued (Article 26) and group 
visas will cease to exist.  

Paragraph 2 settles a number of practical issues which were not covered so far. Paragraph 3 
sets out rules for the possible translation of the application form into the language of the host 
country  and  how  to  present  such  translations.  In  order  to  ensure  harmonisation  and  cost-
saving, Member States’ diplomatic missions within  the same jurisdiction shall  use  the  same 
translated  version.  Paragraphs  2  and  3  are  mainly  based  on  the  Commission  Staff  Paper 
JAI/723/2003. 

Finally paragraph 4 requires Member States’ diplomatic missions and consular posts to make 
sure that applicants are informed about the languages they can use for filling in the application 
form. 

Article 14: 

Supporting documents 

The contents of this article, as well as Annex IV, establishing a non-exhaustive list of required 
supporting documents to be submitted by applicants, has been taken over from the CCI, and 
both  have  been  structured  in  a  more  user-friendly  manner.  Moreover  the  supporting 
documents  have  been  listed  in  such  a  manner  as  to  taking  account  of  the  purpose  of  the 
intended stay/transit. A new harmonised form providing proof of invitation, sponsorship and 

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accommodation  has  been  drawn  up,  in  order  to  fill  in  the  gap  in  the  existing  legislation. 
Although the CCI contained an annex of the so-called harmonised forms used by individual 
Member States, only three have submitted such rather diverging forms so far. This Article is 
in line with the Schengen Borders Code. 

There may be a need to differentiate the types of documentation that applicants must and can 
provide due to local circumstances. Within local consular cooperation the need for drawing up 
lists  of  the  documents  to  be  provided  for  the  purposes  set  out  in  this  Article  and  the 
corresponding  Annex  shall  be  assessed,  as  an  element  which  is  essential  to  avoid  visa 
shopping.  

Article 15: 

Travel medical insurance (TMI) 

This  article  has  been  taken  over  from  the  CCI,  but  the  provisions  have  been  amended  to 
clarify a number of loopholes and ambiguities in the original Decision and account has been 
taken both of the guidelines for the application of this measure drawn up in 2004 and of the 
evaluation  of  the  application  of  the  measure  carried  out  on  the  basis  of  a  questionnaire 
circulated to Member States diplomatic missions and consular posts in 2005. 

General exemption from the TMI requirement has been introduced for holders of diplomatic 
passports  and  seafarers  at  it  is  judged  that  within  their  professional  context  they  are 
sufficiently  covered.  Moreover,  third  country  nationals  applying  for  a  visa  at  the  border  – 
which should an exceptional occurrence – for reasons of emergency – have been exempted as 
well,  as  it  would  seem  disproportionate  and  often  impossible  for  such  persons  to  contact  a 
TMI. 

Article 16: 

The handling fee 

This  article  sets  out  the  rules  for  the  fee  to  be  paid  by  applicants.  The  fee  is  to  cover  the 
administrative costs of processing a visa application. The amount of the fee corresponds to the 
amount provided for by Council Decision 2006/440/EC of 1 June 20068. The remaining part 
of paragraph 1 stating that it is to be charged in EUR or the currency of the host country and 
that  the  handling  fee  is  not  refundable,  remain  valid.  Paragraph  2  ensures  that  applicants 
receive both a receipt and are informed in writing that the fee is not refundable. Paragraph 3 
refers to the problems occurring when the handling fee is charged in local currency. In order 
to avoid the negative effects for applicants of that Member States’ differences in calculations 
of  exchange  rates  with  different  intervals,  it  is  proposed  to  use  the  same  exchange  rate,  the 
euro  foreign  exchange  reference  rate  (ECB).  Paragraphs  4  lists  categories  of  persons  for 
which the handling fee is waived as provided for in Council decision 2006/440/EC. Paragraph 
5  enables  Member  States  to  waive  or  reduce the  handling  fee  on  a  case  by  case  basis.  This 
already  existing  possibility  was  confirmed  by  Council  Decision  2006/444/EC.  Paragraph  6 
maintains  the  existing  fee  during  a  provisional  period  for  nationals  of  third  countries  in 
respect  of  which  a  mandate  to  negotiate  a  visa  facilitation  agreement  has  been  given  by  1 
January 2007.  

Paragraph  7  has  been  added  to  avoid  penalising  a  third  country  national  holding  a  travel 
document not recognised by a Member State, and who have been issued a visa with limited 
territorial validity, is obliged to pay a second handling fee, because he/she has to apply for a 

8 

OJ L 175, 29.6.2006, p. 77. 

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second  visa  in  order  to  travel  to  a  Member  State  whose  territory  is  not  covered  by  the  first 
visa. 

Paragraph 8 introduces an urgency fee: the handling fee is doubled for applications lodged at 
a very late stage without justification.  

Article 17: 

Stamp indicating that an application has been lodged 

The  requirement  of  Member  States’  diplomatic  missions  and  consular  posts  to  stamp 
applicants’  travel  document  when  an  application  has  been  lodged  has  been  taken  over  from 
the CCI. The purpose of this measure is to prevent the same person from lodging applications 
with several Member States at the same time. Given the considerable problems with applying 
this  measure  in  practice,  the  Regulation  clarifies  the  rules  for  the  use  of  the  stamp  and  a 
harmonised model of the stamp has been created. The latter has been deemed necessary, as 
numerous  examples  of  both  incorrect  stamps  and  additional  irregular  codes  have  been 
detected over the years. Account has been taken in paragraph 1 of the changes in the reception 
of visa applications (see Article 33), as it shall be the diplomatic mission or consular post that 
shall stamp the applicant’s travel document. 

The  CCI  allow  Member  States  to  decide  unilaterally  not  to  put  this  stamp  into  diplomatic 
passports. In order to ensure a harmonised approach, this exemption has been made general, 
whereas  Member  States  diplomatic  missions  and  consular  post  must  agree  within  local 
consular cooperation on the exemption of other specific categories of persons.  

To avoid that applicants or local authorities misunderstand the purpose of the stamp, Member 
States’ diplomatic missions and consular posts shall inform the general public that the stamp 
has no legal implications and that it merely serves as an indication that a visa has been applied 
for.  

Once  Member  States  start  transmitting  data  to  the  VIS,  this  stamp  becomes  redundant,  as 
other Member States’ diplomatic missions and consular posts will have access to information 
on the applicant’s possible simultaneous submission of an application at another consulate. 

Chapter III:  Examination and processing visa applications  

Article 18: 

Examination of the application 

Paragraphs 1 and 2 of this crucial article have been taken over from the CCI and establish the 
basic  criteria  for  examining  visa  applications:  the  two  main  issues  to  be  borne  in  mind  by 
consular staff when examining visa applications, namely the migratory risk and security risks. 
Given the new forms of submitting visa applications via various types of intermediaries, it is 
emphasised  that  in  case  the  written  documentation  submitted  is  not  sufficient  to  prove  the 
purpose of stay and intention of return, the applicant can be called for a personal interview  

The contents of paragraph 4 have been taken over from the CCI, but more detail are listed as 
to the types of verifications to be carried out. Particular attention is drawn to sub-paragraph 
(e), where reference is made to the means of subsistence indicating that the assessment of this 
shall take into account the reference amounts as referred to in the Schengen Borders Code as 
well as the statement on accommodation/bearing of costs (Annex IV). 

The reference amounts established by Member States were previously set out in Annex 7 to 
the CCI. Since the Schengen Borders Code imposes on Member States the obligation to notify 

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thee reference amounts, there is no need to include an annex on reference amounts in the Visa 
Code itself. However,  for  practical reasons, these reference amounts will be included in the 
"Instructions on the practical application of the Visa Code” (Article 43) to be drawn up later.  

Given  the  fact  that  holders  of  airport  transit  visas  do  not  enter  into  the  territory  of  Member 
States paragraph 6 establishes that the verification of such application should only cover the 
requirements set out in paragraph 2(a) (valid and authentic travel document), (b) (no danger to 
public  order,  public  security,  public  health,  internal  relations)  and  (d)  (use  of  previous 
uniform visas), although the purpose of the onwards journey must be verified. 

Paragraph 7 has been taken over form the CCI, and can be summarised to “in case of doubt, 
do not issue a visa”. 

Article 19: 

Inadmissibility 

This  article  is  directly  linked  to  Article  10(4).  In  case  the  applicant  fails  to  provide  the 
additional  information  requested,  his/her  application  will  be  declared  inadmissible  and 
recorded in the VIS as such. The notion of inadmissibility have been introduced in order to 
distinguish  between  formal  refusals  based  on  the  examination  of  the  visa  application  and 
cases  where  such  examination  has  not  been  carried  out  because  the  applicant  has  failed  to 
provide the information requested. Currently, formal refusals and examinations that have not 
been completed are often counted in statistics as “refusals/rejection” and thus the true number 
of refusals and effective refusal rate is hidden.  

As inadmissibility  is not a formal refusal of an  application, the  applicant  can not claim  any 
right of appeal. Therefore an application can also be declared inadmissible by the diplomatic 
mission or consular post of a representing Member State. 

Article 20: 

Decision on the visa application 

In  order  to  enhance  the  equal  treatment  of  visa  applicants,  a  fixed  maximum  issuing  times 
have been introduced in paragraph 1. 

Paragraph 2 sets out the general principle for the determination of the adequate visa to issue 
and the calculation of the period of validity and duration of stay to grant. In order to allow for 
unexpected changes of the timing of the planned journey for reasons beyond the control of the 
applicant (for instance cancellation of flights, postponement of commercial or cultural events, 
business  meetings),  a  reasonable  number  of  additional  days,  i.e.  a  period  of  grace,  shall  be 
added to the number of days needed for the visit/transit or passage through the international 
transit area of airports.  

It should be noted that the current Annex 13 to the CCI, giving practical examples of filled in 
visa stickers will be updated and be part of the “Instructions on the practical application of the 
Visa Code” to accompany the final version of the Code on Visa. 

Paragraph (3) on the issuance of multiple entry visas has been carried over from the CCI, but 
a profile of applicants to who such visas may be issued has been set up in detail (i.e. need for 
frequent travel to the Member States and integrity). 

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Article 21: 

Visas with Limited Territorial Validity (LTV)  

This  article  covers  all  the  aspects  of  the  issuance  of  LTVs  which  are  currently  scattered 
around  in  various  instruments  that  also  often  repeat  the  same  provisions  (the  Schengen 
Convention, Articles 11(2), 14(1) and 16, CCI, Part V, 3 and Annex 14).  

Paragraph 1 in detail lists the cases, where an LTV shall be issued. 

In paragraph 2 it is clarified when information of other Member States is necessary. Despite 
the fact that information on issued visas will be stored in the VIS, it is necessary actively to 
inform central authorities about the individual cases in order for them to check the details in 
the VIS. 

As the issuance of LTVs on the grounds set out in sub-paragraphs (a) and (b) allows persons, 
who  do  not  fulfil  the  usual  conditions  for  entry  into  the  territory  of  the  Member  States,  to 
enter the territory of the issuing Member State, the central authorities of the issuing Member 
State must inform the central authorities of other Member States about this. 

On the contrary, in the case referred to in the second alinea of paragraph 1, the holder of the 
travel document not recognised by one or the other Member States fulfils the entry conditions, 
and thus information on the issuance an LTV is not relevant. 

Since  the  necessity  of  issuing  LTVs  valid  only  for  the  issuing  Member  State  in  the  cases 
referred to in the second alinea of paragraph 1 is not linked to any of the reasons given in (a) 
and (b), and that the person concerned who have been issued short-stay visas previously, have 
not misused them, information of other Member States is not necessary either. 

Article 22: 

Airport Transit Visas 

This article establishes a harmonised approach on Airport Transit Visas. It takes on board the 
provisions  of  the  CCI  and  in  order  to  enhance  transparency,  Member  States’  individual 
exemptions  (mainly  of  holders  of  diplomatic  passports)  from  this  requirement  have  been 
made general in relation to the nationals of third countries on the common list.  

Paragraph  (2)(a)–(d)  lists  the  different  categories  exempted.  In  addition  to  those  covered  in 
the CCI, family members of EU citizens have been added.  

Article 23: 

Refusal of a visa 

The current CCI refers to national legislation on notification and motivation of refusals  and 
only  if  such  legislation  requires  visa  refusals  to  be  notified  and  motivated,  a  harmonised 
general text of such notification should be used. In order to enhance the Community approach 
and equal treatment of applicants, this article renders these aspects mandatory.  

Paragraph  1  lists  a  number  of  precise  criteria  for  refusing  a  visa,  which  is  in  line  with  the 
Schengen Borders Code. The current CCI does not contain such a specific list.  

Paragraph 2 specifies that refusals must be notified in writing by means of the form set out in 
Annex IX. The harmonised forms shall also be used when visa applications are refused at the 
border (cf. Articles 32 and 33). 

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Paragraph 3 makes clear that appeals against visa refusals remain within the Member States' 
competence.  

Paragraph  4  refers  to  the  cases  where  one  Member  State  is  representing  another  for  issuing 
visas,  and  where  the  represented  Member  State  takes  the  final  decision  on  refusing  an 
applicant.  The  representing  Member  State’s  diplomatic  mission  shall  inform  the  applicant 
about the refusal decided by the represented Member State 

Paragraph 5 is meant as a formal guarantee that each application is assessed on its own merit 
and that due consideration is given to the applicant’s situation at the moment of application. 

Article 24: 

Rights flowing from an issued visa 

It is important to give visibility to the basic and essential principle that possession of a visa 
merely allows the holder to present himself at the external border. It has been judged useful to 
express this in this Article, and thus recalling that border control authorities check that entry 
conditions are fulfilled when the holder of the visa presents himself at the border. 

Article 25: 

Filling in the visa sticker 

This article has been taken over from the CCI and additional provisions are set out in Annex 
X. Although the Code on Visas does not cover national long-stay visas, a reference has been 
made  in  Annex  X,  point  7,  to  the  code  to  enter  on  the  visa  sticker  for  such  visas.  In 
accordance with Article 18 of the Schengen Convention, national long stay visas, "D" visas, 
allow  the  holder,  provided  the  additional  conditions  listed  in  that  Article  are  fulfilled,  to 
transit  through  the  territories  of  other  Member  States  in  order  to  reach  the  territory  of  the 
Member State which issued the "D" visa. The Commission therefore finds that this reference 
to the code is appropriate. 

Article 26: 

Invalidation of completed visa stickers 

This article has been taken over from the CCI and provisions have been added to make sure 
that such invalidation of stickers is recorded in the VIS. 

Article 27: 

Affixing visa stickers to travel documents 

This article has been taken over from the CCI. Paragraphs 1–3 cover the most commonplace 
situation,  where  the  visa  issuing  Member  State  recognises  the  applicant’s  travel  document. 
The  second  subparagraph  of  paragraph  1  has  been  taken  over  from  Annex  10  (otherwise 
deleted),  as  it  has  often  been  seen  in  practice  that  consular  staff  affix  the  sticker  in  such  a 
manner that it can not be machine-read. Paragraph (4) refers to the situation where the visa 
issuing  Member  Sate  does  not  recognise  the  applicant’s  travel  document.  In  such  cases  the 
separate sheet for affixing a visa should be used.  

Chapter IV:  Modifying the period of validity of an issued visa 

Article 28: 

Extension 

The SCH/Com-ex (93) 21 decision on the extension of the validity of a visa is not covered by 
the CCI, and is herewith taken on board in the Regulation and more detailed provisions are 
introduced. 

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The title indicates that extension of visas take place within the territory of the Member States. 
In case the holder’s situation has changed before he or she uses the issued visa, the diplomatic 
mission or consular post that issued the visa will be responsible for cancelling the first visa 
and issuing a new one, if need be. 

Paragraph 1 establishes the reasons that may warrant for an extension of the period of validity 
and/or the duration of stay of an issued short stay or transit visa to be extended, without the 
type of visa being changed or the duration of stay being more than 90 days (paragraph 2). The 
maximum duration of transit in the case of extension a transit visa is not regulated by current 
legislation.  By  allowing  for  a  maximum  duration  of  a  transit  to  10  days,  which  may  seem 
exaggerated  because  it  doubles  the  maximum  set  for  transit,  common  standards  have  been 
introduced. 

The administrative authority may decide to change the territorial validity of the visa issued by 
limiting  its  validity  to  the  territory  of  the  Member  States  where  the  request  for  extension  is 
submitted (paragraph 3) or only to a number of Member States. 

Paragraph 4 is partly taken over from the Com-ex decision and establishes that information on 
the relevant competent authorities (currently listed in the Com-ex and not updated since 2000) 
must be notified to the Commission who will then publish the list (cf. Article 46). 

In order to introduce a harmonised approach, a mandatory fee of 30 EUR to be charged for 
extending a visa is introduced in paragraph 5. As extension will not introduce the capturing of 
biometric identifiers this fee does not need to correspond to the fee charged for the issuance of 
a visa. 

Currently, Member States may extend a visa either by issuing a new visa sticker or by putting 
a stamp on the original one. Paragraph 6 establishes that extension shall only take the form of 
a  uniform  stamp  set  out  in  Annex  XI.  By  introducing  one  method  clarity  about  the 
authenticity  of  extensions  is  ensured  and  the  local  authorities  (often  police  authorities) 
competent for extending visa are not required permanently to keep stocks of highly secured 
visa stickers. 

Information on extension of visa shall be entered into the VIS as stated in paragraph 7. 

Article 29: 

Annulment  

The provisions of Article 28, 29 and 30 of the Regulation are currently “hidden” in Annex 14 
to  the  CCI  which  mainly  reproduces  the  content  of  the  SCH/Com-ex  decision  (93)  24  .  In 
order  to  clarify  matters,  the  three  issues  have  been  separated  in  individual  articles  to 
distinguish between the different purposes of the actions.  

The purpose of annulment is to prevent the holder of the visa to enter into the territory of the 
Member States. Article 29(1) establishes which authorities may annul a visa at what point in 
time. Sub-paragraph (a) covers the case where the holder of the visa has not used the issued 
visa yet, and thus the diplomatic mission or consular post that issued the visa may annul it.  

Border  control  authorities  (sub-paragraph  (b))  may,  if  the  holder  of  the  visa  does  not  fulfil 
entry conditions, annul the visa, or finally law enforcement authorities on the territory of the 
Member  States  may  annul  the  visa  if  the  holder no longer fulfils the conditions for staying, 
although the visa is still valid. 

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In case a visa is annulled by the competent authorities of a Member States different from the 
one whose diplomatic mission or consular post issued the visa, the issuing Member State shall 
be informed about the annulment.  

Article 30: 

Revocation of a visa 

Revocation  means  annulment  the  remaining  period  of  stay  after  the  holder  of  the  visa  has 
entered the territory of the Member States. Paragraph 1 establishes two cases where an issued 
visa  may  be  revoked:  (a)  in  case  the  holder  requests  that  the  visa  be  revoked  or  (b)  if  the 
competent authorities judges that the holder no longer fulfils the entry conditions after he/she 
has entered the territory of the Member States.  

In case a visa is revoked by the competent authorities of a Member States different from the 
one whose diplomatic mission or consular post issued the visa, the issuing Member State shall 
be informed about the revocation.  

Article 31: 

Shortening the duration of stay authorised by a visa  

In  case  border  authorities  judge  that  the  holder  of  the  visa  does  not  have  enough  means  to 
support  himself/herself  during  the  intended  stay,  they  may  shorten  the  duration  of  stay 
authorised by the visa in order to adapt the duration of stay to the means of subsistence that 
the visa holder effectively possess.  

Chapter V:  Visas issued at the external borders 

Article 32: 

Visas issued at the external borders 

Articles 32 and 33 take on board the content of Council Regulation (EC) No 415/2003 while 
dividing it in to two articles to separate the general provisions on the issuance of visas at the 
border from the particular issues related to seafarers in transit. 

In  Article  32(6)  it  is  specified  that  the  general  provisions  on  notification  and  motivation  of 
refusals as well as the information on the possibilities of appeal apply when visas are applied 
for – and refused - at the border.  

Article 33: 

Visas issued to seamen at the external borders 

This article contains the specific provisions governing the issuance of visas at the border to 
seafarers in transit. The two annexes to Council Regulation (EC) No 415/2003 (“operational 
instructions” and the “form for seafarers in transit” are contained in Annex XII, Parts 1 and 2 
to the Regulation. 

TITLE III: 

Administrative management and organisation 

Article 34: 

Organisation of visa sections 

This article has mainly been taken over from the CCI, Part VII. Despite the possible changes 
in the reception of visa applicants as provided for in Article 37, Member States’ diplomatic 
missions  and  consular  posts  will  remain  responsible  for  the  processing  of  visa  applications 
and the eventual decision on these applications. 

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The  retention  period  for  individual  files  (hard  copy)  set  out  in  the  second  paragraph  of 
paragraph 3 corresponds to the retention period set out in the VIS Regulation. 

Article 35: 
missions and consular posts 

Resources  for  processing  visa  applications  and  monitoring  of  diplomatic 

This article corresponds to an article on the same issues in the Schengen Borders Code. 

Article 36: 

Conduct of staff processing visa applications 

This article has been introduced in order to ensure that staff of the Member States’ diplomatic 
missions  and  consular  posts  respect  of  the  European  Charter  of  Fundamental  Rights  when 
dealing with visa applicants and applications. 

Articles 37, 38 and 39: 
of visa applications  

Forms of cooperation in relation to the reception and processing 

The  purpose  of  these  articles  is  to  provide  for  a  legal  framework  for  the  Member  States  to 
choose among a number of organisational options in order to be able to collect biometric data 
from visa applicants.  

Article  38  set  out  specific  rules  to  be  respected,  if  Member  States  decide  to  cooperate  with 
external service providers. 

Article  39  deals  with  certain  organisational  aspects  in  particular  in  order  to  ensure 
transparency  on  the  forms  of  cooperation  chosen.  Paragraph  2  allows  a  Member  State  to 
decide that despite the choice of a form of cooperation, visa applicants can have direct access 
to its consular posts. 

These articles shall be amended in order to take account of the outcome of negotiations on the 
Proposal amending the CCI in relation to the introduction of biometrics including the setting 
up of Common Application Centres.  

Article 40: 

Submission of visa applications by commercial intermediaries 

This article takes on board the contents of Part VIII, section 5, which in its original wording is 
somewhat unclear and outdated.  

Paragraph 1 defines the tasks that such commercial intermediaries may carry out rather than 
trying, as it is the case in the CCI, to define the various types of intermediaries as it is bound 
to  be  very  imprecise.  It  should  be  noted  that  they  can  not  collect  biometric  data  from 
applicants and thus first time applicants can not be submitted via commercial intermediaries. 

Paragraph 2 lists the various aspects to be verified before accreditation is granted. 

Paragraph  3  sets  out  provisions  on  the  constant  monitoring  of  these  intermediaries  and 
paragraph 4 establishes the negative results of such monitoring must be communicated to the 
diplomatic  passions  and  consular  posts  of  other  Member  States  within  local  consular 
cooperation.  In  general,  lists  of  accredited  commercial  intermediaries  shall  both  be 
communicated  to  other  diplomatic  missions  and  consular  posts  and  to  the  general  public 
(paragraph 5). 

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Article 41: 

Information of the general public 

It  is  essential  that  applicants  are  well  informed  primarily  of  the  criteria  and  procedures  for 
applying for a visa. Given recent developments, where call centres, appointment systems and 
outsourcing  is  introduced,  efforts  must  be  made  to  ensure  that  applicants  are  well  informed 
about where and how to submit their application.  

Paragraph 2 recalls the need for Member States concluding agreements on representation to 
inform the general public at least 3 months before the start of such cooperation, and to specify 
the  categories  of  applications  that  such  representation  covers.  The  deadline  of  three  months 
corresponds to the maximum deadline for submitting applications ahead of the planned visit 
(as set out in Article 10(1)).  

Given  the  problems  encountered  in  practice,  a  provision  is  introduced  in  paragraph  3 
indicating  that  the  general  public  must  be  informed  that  the  stamp  indicating  that  an 
application has been lodged has no legal implications. 

Paragraph  4  states  that  clear  information  must  be  given  about  issuance  times  and  about  the 
requirement of prior consultation for nationals of certain third countries or specific categories 
of these nationals. 

Paragraph 5 sets out requirements for informing the general public about their rights in case of 
refusal. 

Paragraph 6 underlines the need to inform the general public that mere possession of a visa 
does not confer automatic right of entry and that they may be requested to present supporting 
documents at the border, when the fulfilment of entry conditions is checked. The latter is not 
mentioned in the current acquis. 

TITLE IV: 

Local Consular Cooperation 

Article 42:  Member States’  diplomatic missions and  consular posts’ application of Local 
Consular Cooperation 

The CCI contains a chapter on local consular cooperation, which in general terms sets out the 
framework of consular cooperation at local level as well as a number of issues to be adapted 
to  local  circumstances.  However,  since  the  practical  implementation  of  local  consular 
cooperation  in  relation  the  issuance  of  visa  has  been  rather  unsatisfactory  so  far,  as 
demonstrated  in  the  Targeted  missions’  (TM)  reports,  the  Regulation,  on  the  basis  of  the 
conclusions drawn on the TM reports and endorsed by the relevant Council bodies, in clear 
terms  establishes  which  tasks  are  to  be  carried  out  by  whom  and  with  what  frequency. 
Moreover,  the  organisation  of  local  consular  cooperation  is  adapted  to  the  Community 
institutional  framework.  It  is  not  compatible  with  this  framework  that  Member  States' 
diplomatic missions and consular posts would take decisions that create legally binding rights 
and  obligations  for  visa  applicants.  Therefore,  LCC  should  assess  the  need  to  adapt  certain 
provisions to local circumstances. In case of a positive assessment, the common "local" rules 
have to be decided in accordance with the comitology procedure, of course, based on an input 
from the LCC. 

Paragraph  1  concerns  provisions  aiming  at  assessing  the  need  for  harmonising  practices 
among  Member  States’  diplomatic  missions  and  consular  posts  in  the  same  jurisdiction  in 

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relation  to  the  information  of  applicants  before  they  submit  their  application  and  equal 
treatment of applicants once they lodge the application (a)–(c). Such equal treatment will also 
contribute  to  preventing  visa  shopping.  Sub-paragraph  (c)  refers  to  the  travel  documents 
issued by third countries as it is important both locally and centrally that updated lists on the 
actual travel documents issued by third countries are available. The last sentence of this sub-
paragraph refers to the fact that currently some Member States require certain types of official 
travel documents to be accompanied by verbal notes whereas others do not. 

Also  the  need  for  a  harmonised  approach  on  the  involvement  of  either  external  service 
providers  or  commercial  intermediaries  in  order  to  avoid  visa  shopping  must  be  assessed 
locally (paragraph d).  

Paragraph  2  states  that  for  reasons  of  ensuring  full  transparency  and  equal  treatment,  a 
common information sheet should be establish within the framework of LCC. 

Paragraph 3 sets out the list of information to be exchanged either monthly (statistics (a)) or 
regularly (specific information linked to individual jurisdictions (b)).  

By exchanging and examining statistics monthly, the local diplomatic missions and consular 
posts have a constantly updated picture of the trends and sudden changes of them within their 
jurisdiction  and  solutions  can  be  found  immediately  to  possible  negative  effects  of  such 
changes.  By  compiling  general  information  on  the  host  country/location  (socio-economic 
structures, sources of information at local level, use of false and falsified documents, illegal 
immigration routes etc.), this essential “collective” knowledge will not be lost even if consular 
staff change regularly, and it will help new expatriate staff to become operational and familiar 
with local circumstances more quickly. 

Paragraph 4 sets out provisions on how to render the consular cooperation in relation to the 
common visa policy more efficient taking also into account the institutional framework of the 
EC.  As  consular  cooperation  in  general  covers  a  large  variety  of  issues,  it  is  important  to 
dedicate  specific  meetings  to  the  technical  issues  related  to  the  issuing  of  visas  with  the 
participation  of  representatives  of  Member  States  applying  Community  acquis  in  full  and 
involved in the processing of visa applications. 

Paragraph  5  introduces  the  mandatory  requirement  of  drawing  up  reports  for  each  meeting 
and  for  each  diplomatic  mission  and  consular  post  to  forward  these  reports  to  their  central 
authorities. This would bring about the link between the operation level and central authorities 
and eventually the legislative level [in the relevant Council bodies], covered in paragraph 7. 

Paragraph  6  opens  for  the  possibility  of  inviting  on  an  ad  hoc  basis,  representatives  of 
Member States not applying the Community acquis in full or of third countries to contribute 
to discussions on specific issues related to the issuance of visas in the jurisdiction.  

Title V: 

Final provisions 

Article 43: 

Exceptional arrangements 

In 2004, a Member State applying the Schengen acquis, hosted the Olympic Games and the 
Paralympic  Games  for  the  first  time.  In  order  for  that  Member  State  on  the  one  hand  to 
respect the requirements of the Schengen acquis while fulfilling the commitments arising for 
the Olympic Charter and on the other hand to avoid undermining future bids to organise these 

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events  by  another  Member  State  applying  the  Schengen  acquis,  it  was  agreed  that  the  most 
appropriate solution was to draw up special measures to facilitate the issuance of visas and the 
crossing  of  external  borders.  The  Regulation  was  successfully  implemented  by  Greece  in 
2004  and  appropriate  amendments  were  made  in 2005, in order  to allow  Italy to  follow the 
same procedure for issuing visas to members of the Olympic Family. In order to facilitate, in 
future, this aspect of the organisation of the Olympic Games by a Member State applying the 
Schengen acquis in full, the specific procedures and conditions to be used are attached to the 
Visa Code, which could be swiftly used avoiding lengthy legislative procedures.  

Article 44: 

Amendments to the annexes 

This article provides that Annexes III, IV, V, VI, VIII, IX, X and XI to the Regulation are to 
be  amended  in  accordance  with  the  committee  procedure  referred  to  in  Article  46(2).  The 
reason for proposing the use of a committee procedure is that the Annexes contain measures 
implementing the general rules on the receipt and processing of the visa application laid down 
by Title II of this Regulation. 

Article 45: 

“Instructions on the practical application of the Visa Code” 

This  article  stipulates  that  the  “Visa  Committee”  shall  draw  up  the  accompanying 
“operational  instructions"  on  the  practical  application  of  the  Visa  Code.  Such  practical 
instructions  are  necessary  to  ensure  the  harmonised  application  of  the  legislation  at 
operational level and to avoid that Member States draw up national parallel instructions. The 
Instructions  shall  be  finalised  by  the  time  that  the  Regulation  on  the  Community  Code  on 
Visas enter into force. 

Article 46: 

Committee 

This  is  the  standard  article  on  committee  procedures  to  be  followed  for  the  adoption  of 
measures  implementing  the  Regulation  in  accordance  with  Decision  1999/468/EC.  The 
regulatory  procedure  is  provided  for  as  measures  of  general  scope  within  the  meaning  of 
Article 2 of the Decision are involved; Articles 5 and 7 of the Decision apply. 

The  time-limit  under  Article  5(6)  of  Decision  1999/468/EC  for  the  Council  to  give  its 
qualified-majority decision on the Commission's proposal for measures to be adopted where 
they are not in conformity with the Committee's opinion is set at two months. 

Article 47: 

Notification 

Member  States  shall  notify  the  information  listed  in  paragraph  1  to  the  Commission,  who 
shall be in charge of publishing the information. 

Member States shall also notify to the Commission the envisaged changes of annexes I and II 
(prior  consultation).  Because  of  the  fact  that  these  changes  directly  affect  the  rights  and 
obligations  of  visa  applicants,  a  simple  notification  procedure  is  not  sufficient  in  the 
institutional  context  of  the  EC.  Therefore,  the  changes  of  these  annexes  have  to  decide 
pursuant to the comitology procedure.  

Article 48: 

Repeals 

This article sets out the legal instruments repealed by the Regulation. 

EN 

30 

   EN 

 
Given  the  fact  that  the  VIS  Regulation  has  been  based  on  the  current  acquis,  it  must  be 
adapted  to  the  amended  acquis  as  provided  for  in  the  Code  on  Visas.  Such  a  proposal  will 
have  to  be  based  on  the  appropriate  legal  basis  (Article  66  TCE).  Moreover,  the  VIS 
Regulation  not  having  been  adopted  yet,  it  is  impossible  at  this  stage  to  provide  the  exact 
modifications that will be required. 

Article 49: 

Entry into force 

This is the standard clause on entry into force and direct applicability. 

The application of the Regulation is deferred for six months following entry into force, [given 
the scale of the exercise] and the need to finalise the Instructions on the practical application 
of  the  Visa  Code.  However,  Member  States  are  to  start  notifying  the  Commission  of  the 
various issues listed in Article 46 immediately after the entry into force. Also the Committee 
should  be  able  to  prepare  the  implementing  measures  and  therefore,  also  Article  44  should 
apply from the date of entry into force. 

Annexes 

Annexes have been listed in “order of appearance” in the Regulation. 

The corresponding reference in the CCI for each of the deleted provisions can be found in the 
following table. 

Provisions of the Common Consular Instructions not taken over 

Provisions  of 
Instructions not taken over 

the  Common  Consular 

Ground(s) 

Part I, Point 2.1.4 

Group visas 

Part I, 2.2  

Long-stay visas 

Part IV 

Legal basis 

Part V, 2.3  

For reasons of security and given the 
fact that all individual visa applicants 
must  submit  individual  application 
forms  and  all  first  time  applicants 
must  provide  biometric  identifiers 
upon submission, group visas are not 
longer acceptable. 

The  Community  Code  on  visa  does 
not  cover  the  issuance  of  visas  for 
stays  exceeding  3  months  (Article 
1(1)) and long stay visas concurrently 
valid as uniform short stay visas have 
been abolished. 

part  merely 
the 
of 

reproduces 
This 
Schengen 
provisions 
Convention  (Articles  5,  11(2),  14(1), 
15 and 16 and is redundant 

This  part  mainly  contains  guidelines 
of  a  practical  rather  than  a  legal 

Procedure  to  be  followed  in  cases  of  prior 

EN 

31 

   EN 

 
 
consultation with the central authorities of the 
other Contracting Parties 

nature 

ANNEXES 

This  Annex  merely  reproduces  the 
the  Regulation 
in 
lists  contained 
referred to. 

Annex 1  

Joint  list  of  third  countries  whose  citizens  are 
required  to  have  a  visa  by  Member  States 
bound  by  Regulation  (EC)  No  539/2001*,  as 
amended  by  Regulation  (EC)  No  2414/2001** 
and Regulation (EC) No 453/2003***. 

Joint  list  of  third  countries  whose  citizens  are 
exempted  from 
the  visa  requirement  by 
Member States  bound  by  Regulation  (EC)  No 
539/2001*, as amended by Regulation (EC) No 
2414/2001** 
Regulation (EC) No 
453/2003***.  

and 

Annex 2 

Regulations  governing 
the  movement  of 
holders  of  diplomatic,  official  and  service 
laissez-passers 
passports  and  holders  of 
International 
issued 
by 
Intergovernmental  Organisations 
their 
officials. Schedule A and B 

certain 

to 

from 

exemptions 

Since 
visa 
requirements of holders of diplomatic 
passports,  service/official  passports 
and special passports are governed by 
Regulation  (EC)  No  539/2001  –  and 
amending  Regulations  –  this  annex 
should  not  be  attached  to  the  Visa 
Code 

 Annex 3, Part II 

Annex 4 

List  of  documents  entitling  holders  to  entry 
without a visa 

* 
** 
*** 

OJ L 81, 21.3.2001, p. 1-7. 
OJ L 327, 12.12.2001, p. 1-2. 
OJ L 69, 13.3.2003, p. 10-11. 

Complete harmonization of the list of 
third  countries  who  nationals  are 
required  to  be  in  possession  of  an 
Airport  Transit  Visa.  No  more 
possibility of Member State to submit 
third  country  nationals 
this 
requirement. 

to 

According to the Schengen Borders ‘ 
Code, Article  5(1)(b) establishes that 
third  country  nationals  possessing  a 
valid  residence  permit  can  enter  the 
territory  of  the  Member  States  and 
according to Article 34 (1) (a) of the 

EN 

32 

   EN 

 
 
 
 
                                                 
Annex 6 

List  of  honorary  consuls  authorised  to  issue 
uniform  visas  in  exceptional  cases  and  on  a 
temporary basis 

Annex 7 

Reference  amounts  determined  annually  by 
the  national  authorities  for  the  crossing  of 
borders. 

Annex 8 

format 

Uniform 
for  visa  stickers  and 
information  on  their  technical  specifications 
and security features 

Annex 9 

Information  to  be  entered  by  the  Contracting 
Parties, if necessary, in the "comments" section 

Schengen  Borders  Code  the  list  of 
residence  permits  shall  be 
such 
notified  to  the  Commission.  This  list 
should therefore not be duplicated in 
the Code on Visas  

Since  Article  3  of  this  Regulation 
establishes  that  only  Member  States’ 
diplomatic  missions  and  consular 
posts as well as, exceptionally, border 
control  authorities  are  entitled  to 
process  visa  application,  this  Annex 
has not been taken over. 

the 

title, 

indicated 

As 
the 
in 
provisions  on  reference  amounts  are 
linked to the crossing of borders, and 
thus  governed  by 
the  Schengen 
Borders Code (Article 5(3)). 

annex  merely 

This 
reproduces 
Council Regulation (EC) No 1683/95 
and  Regulation  (EC)  No  334/2002 
and  thus  it  is  inappropriate  in  the 
Code on Visas 

to 

the  Commission 

These  national  comments  should  be 
notified 
in 
conformity  with  Article  46(1)(d), 
who  shall  be  in  charge  of  publishing 
them  

EN 

33 

   EN 

 
 
 
 
 
 
 
 
Annex 10 

Instructions  on  inserting  information  in  the 
optical reading area 

Annex 11 

Criteria  for  determining  whether  a  travel 
document may bear a visa. 

Annex 12 

Fees  to  be  charged  in  EURO  corresponding 
to  the  administrative  costs  of  processing  the 
visa application 

Annex 13  

Filling in visa stickers 

superfluous  and 

The  definitions  (1)  contained  in  this 
annex  are 
the 
descriptions of the automatic reading 
area  is  outdated  as  it  was  meant  as 
information to consular posts without 
"computer facilities".  

The  contents  of  this  Annex  are  not 
covered  by  the  legal  basis  of  the 
Code  on  Visas  and  thus  it  has  not 
been taken over.  

The subjects are linked to SCH/Com-
ex  (98)  57  which  should  be  brought 
into 
legislative 
framework.  

the  Community 

Since  a  flat  rate  for  the  handling  fee 
to  be  charged  for  the  processing  of 
applications for all types of  visa was 
introduced in 2003, there is not need 
for  reproducing  the  table.  Moreover, 
the Code on visas does not cover “D” 
visas,  “D+C”  visas  have  been 
abolished  and  no  general  exemption 
should  be  granted  for  visas  applied 
for at the external borders. 

The three “rules” set out in the Annex 
have been integrated into the body of 
the Regulation (Article 16). 

This  Annex  reproduces  examples  of 
filled  in  visa  stickers.  Such  practical 
instructions  should  not  be  part  of  a 
legislative  instrument.  Therefore,  an 
updated version  of this  annex should 
be attached to the Instructions on the 
practical application of the Visa Code 
(Article 43). 

EN 

34 

   EN 

 
 
 
 
 
 
 
in 

The  provision  set  out  on  page  1  of 
this  Annex 
the 
maximum deadline for applying for a 
visa  has  been  inserted  into  Article 
10(1). 

relation 

to 

Annex 14 

Obligations  as  regards  information  to  be  sent 
by Contracting Parties when visas with limited 
territorial  validity  are  issued,  when  the  period 
of  validity  of  uniform  visas  is  cancelled, 
revoked  or 
reduced  and  when  national 
residence permits are issued 

This  annex  contains  a  number  of 
issues which are not connected.  

All provisions on 

-  LTVs  have  been  inserted  into 
Article 21 

-  annulment  of  a  visa  have  been 
inserted into Article 29 

-  revocation  of  a  visa  have  been 
inserted into Article 30 

- shortening the length of duration of 
stay  authorised  by  a  visa  have  been 
inserted into Article 31 

Part  3  of  the  current  Annex  14 
dealing with  residence  permits is  not 
relevant in the Code on Visas. 

Annex 17 

Facilitated Transit Document (FTD)  

and  Facilitated  Rail  Transit  Document 
(FRTD) 

reproduces 
This 
annex  merely 
Council  Regulations 
(EC)  No 
693/2003 and (EC) No 694/2003 thus 
it  is  inappropriate  in  the  Code  on 
Visas 

Annex 18 

Table  of  representation  for  issuing  uniform 
visas 

These  situations  of  representation 
should be notified to the Commission 
in  conformity  with  Article  46(1)(a), 
who  shall  be  in  charge  of  publishing 
them  

EN 

35 

   EN 

 
 
 
 
 
2006/0142 (COD) 

Draft proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a Community Code on Visas  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles 62 (2) (a) and(b) (ii) thereof, 

Having regard to the proposal from the Commission9, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty10, 

Whereas: 

(1) 

(2) 

(3) 

In accordance with Article 61 of the Treaty, the creation of an area in which persons 
may move freely should be accompanied by measures with respect to external border 
controls, asylum and immigration. 

Under Article 62(2) of the Treaty, measures on the crossing of the external borders of 
the  Member  States  must  establish  rules  on  visas  for  intended  stays  of  no  more  than 
three months, for example the procedures and conditions for issuing visas by Member 
States. 

As  regards  visa  policy,  the  establishment  of  a  “common  corpus”  of  legislation, 
particularly via consolidation and development of the acquis (the relevant provisions 
of the Convention implementing the Schengen Agreement of 14 June 198511 and the 
Common  Consular  Instructions12),  is  one  of  the  fundamental  components  of  “further 
development  of  the  common  visa  policy  as  part  of  a  multi-layer  system  aimed  at 
facilitating  legitimate  travel  and  tackling  illegal  immigration  through  further 
harmonisation  of  national  legislation  and  handling  practices  at  local  consular 
missions”,  as  defined  in  the  Hague  Programme:  strengthening  freedom,  security  and 
justice in the European Union13. 

(4)  Member  States  should  be  represented  for  visa  purposes  in  all  third  countries  whose 
nationals are subject to visa requirements. They may decide that visa applications from 
nationals of specific third countries or applications for a particular type of visa must be 

9 
10 
11 
12 
13 

OJ C , , p. . 
OJ C , , p. . 
OJ L 230, 22.9.2000, p. 19. 
OJ C 326, 22.12.2005. 
OJ C 53, 3.3.2005. 

EN 

36 

   EN 

 
                                                 
submitted directly at a permanent consular post or diplomatic mission of the State that 
is the applicant’s main destination. 

(5) 

(6) 

Local  consular  cooperation  is  crucial  for  the  harmonised  application  of  the  common 
visa policy and for proper assessment of migratory risk. Given the differences in local 
circumstances,  the  operational  application  of  particular  legislative  provisions  should 
be  assessed  among  the  Member  States’  diplomatic  missions  and  consular  posts  in 
individual locations as differences in their application of the legal provisions may not 
only give rise to “visa shopping” but also lead to different treatment of visa applicants. 

It is necessary to set out rules on the transit through international areas of airports in 
order  to  combat  illegal  immigration.  Thus  nationals  from  a  common  list  of  third 
countries should be required to hold airport transit visas, while putting an end to the 
possibility for Member States to require this type of visa from nationals of additional 
third countries.  

(7)  When  a  Member  State  hosts  the  Olympic  Games  and  the  Paralympic  Games,  a 
particular scheme facilitating the issuance of visas to members of the Olympic Family 
should apply. 

(8) 

(9) 

Bilateral agreements concluded between the Community and third-countries aiming at 
facilitating  the  processing  of  applications for  short-stay  visas  may  derogate  from  the 
provisions set out in this Regulation. 

The reception arrangements for applicants should be made with due respect for human 
dignity.  Processing  of  visa  applications  should  be  conducted  in  a  professional  and 
respectful manner and be proportionate to the objectives pursued. 

(10)  Member  States  should  ensure  that  the  quality  of  the  service  offered  to  the  public  is 
reasonable and follows good administrative practices. To this end they should allocate 
appropriate numbers of trained staff as well as sufficient resources. 

(11)  The  integration  of  biometric  identifiers  is  an  important  step  towards  the  use  of  new 
elements, which establish a more reliable link between the visa holder and the passport 
in  order  to  avoid  false  identities.  Therefore  the  personal  appearance  of  the  visa 
applicant - at least for the first application - should be one of the basic requirements 
for issuing a visa with the registration of biometric identifiers in the Visa Information 
System  (VIS);  first  time  applicants  should  not  be  allowed  to  submit  applications  via 
commercial intermediaries, such as travel agencies. 

(12)  New  options  for  the  organisation  of  consular  offices  such  as  co-location,  common 
application  centres  and  outsourcing  should  be  introduced  for  receiving  visa 
applications  and  capturing  biometrics.  An  appropriate  legal  framework  for  these 
options should be established, in particular with regard to data protection. These forms 
of  consular  cooperation  and  outsourcing  should  be  established  in  strict  compliance 
with  the  general  principles  for  issuing  visas,  respecting  the  data  protection 
requirements  set  out  in  Directive  95/46/EC  of  the  European  Parliament  and  of  the 
Council  of  24  October  1995  on  the  protection  of  individuals  with  regard  to  the 
processing of personal data and on the free movement of such data.  

EN 

37 

   EN 

 
(13)  The applicant should appear in person for the first enrolment of biometric identifiers. 
In order to facilitate the procedure of any subsequent application, it should be possible 
to copy the biometric data from the first application within a time frame of 48 months 
taking  into  account  the  retention  period  laid  down  in  the  VIS.  After  this  period  the 
biometric identifiers should be captured again. 

(14)  Statistical  data  is  an  important  means  of  monitoring  migratory  movements  and  can 
serve  as  an  efficient  management  tool.  Therefore,  such  data  should  be  compiled 
regularly in a common format. 

(15)  Provision  should  be  made  for  a  procedure  enabling  the  Commission  to  adapt  certain 
detailed practical rules governing the issuance of short-stay visas. In these cases, the 
measures  needed  to  implement  this  Regulation  should  be  taken  pursuant  to  Council 
Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of 
implementing powers conferred on the Commission14. 

(16) 

In  order  to  assure  the  harmonised  application  of  the  Regulation  at  operational  level, 
instructions  should  be  drawn  up  on  the  practice  and  procedures  to  be  followed  by 
Member  States’  diplomatic  missions  and  consular  posts  when  processing  visa 
applications.  

(17)  As the Regulation of the European Parliament and of the Council concerning the Visa 
Information  System  and  the  exchange  of  data  between  Member  States  on  short-stay 
visas (hereinafter: the “VIS Regulation”) is based on the current legislation, it should 
be amended in order to take account of the changes made to the legislation relevant for 
the VIS. 

(18)  As  regards  the  objectives  of  the  proposed  action,  it  should  be  recalled  that  under 
Article  62(1)  and  (2)(b)  of  the  ECT,  the  Community  has  the  power  –  and  even  the 
obligation – to adopt measures relating to rules on visas for intended stays of no more 
than  three  mounts;  in  accordance  with  the  principle  of  proportionality,  as  set  out  in 
Article 5 of the Treaty, this Regulation does not go beyond what is necessary in order 
to achieve these objectives. 

(19)  This Regulation respects fundamental rights and observes the principles recognised in 
particular by the European Convention on Human Rights and Fundamental Freedoms 
and by the Charter of Fundamental Rights of the European Union.  

(20)  By way of derogation from Article 299 of the Treaty, the only territories of France and 
the Netherlands to which this Regulation applies are those in Europe as the overseas 
territories do not form part of the area without internal borders. 

(21)  The conditions governing entry into the territory of the Member States or the issue of 
visas  do  not  affect  the  rules  currently  governing  recognition  of  the  validity  of  travel 
documents. 

14 

OJ L 184, 17.9.1999, p. 23.  

EN 

38 

   EN 

 
                                                 
(22) 

(23) 

In order to allow Member States' authorities to prepare for the implementation of this 
Regulation,  the  application  of  this  Regulation  should  only  start  six  months  after  the 
day  of  its  entry  into  force,  except  for  the  Articles  46  (Comitology)  and  47 
(notifications by Member States). 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  Position  of  Denmark 
annexed to the Treaty on European Union and to the Treaty establishing the European 
Community, Denmark is not taking part in the adoption of this Regulation and is not 
bound  by  it,  or  subject  to  its  application.  Given  that  this  Regulation  builds  upon  the 
Schengen  acquis  under  the  provisions  of  Title  IV  of  Part  Three  of  the  Treaty 
establishing the European Community, Denmark should, in accordance with Article 5 
of the said Protocol, decide within a period of six months after the date of adoption of 
this Regulation whether it will implement it in its national law or not. 

(24)  As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of 
provisions of the Schengen acquis within the meaning of the Agreement concluded by 
the Council of the European Union and the Republic of Iceland and the Kingdom of 
Norway  concerning  the  association  of  those  two  States  with  the  implementation, 
application  and  development  of  the  Schengen  acquis15  which  fall  within  the  area 
referred to in Article 1, point B of Council Decision 1999/437/EC of 17 May 1999 on 
certain arrangements for the application of that Agreement16. 

(25)  An arrangement has to be made to allow representatives of Iceland and Norway to be 
associated with the work of committees assisting the Commission in the exercise of its 
implementing  powers  as  will  be  the  case  under  the  present  Regulation.  Such  an 
arrangement  has  been  contemplated  in  the  Exchange  of  Letters  between  the 
Community  and  Iceland  and  Norway17,  annexed  to  the  abovementioned  Agreement. 
The  Commission  has  submitted  to  the  Council  a  draft  recommendation  in  view  of 
negotiating this arrangement. 

(26)  As regards Switzerland, this Regulation constitutes a development of the provisions of 
the  Schengen  acquis  within  the  meaning  of  the  Agreement  signed  between  the 
European  Union,  the  European  Community  and  the  Swiss  Confederation  concerning 
the  association  of  the  Swiss  Confederation  with  the  implementation,  application  and 
development of the Schengen acquis18, which fall in the area referred to in Article 4(1) 
of Council Decision 2004/860/EC19 on the signing on behalf of the European Union, 
and  on  the  signing  on  behalf  of  the  European  Community,  and  on  the  provisional 
application of certain provisions of that Agreement20. 

15 
16 
17 
18 
19 
20 

OJ L 176, 10.7.1999, p. 36. 
OJ L 176, 10.7.1999, p. 31. 
OJ L 176, 10.7.1999, p. 53. 
Council doc. 13054/04 accessible on http://register.consilium.eu.int 
OJ L 370 of 17.12.2004, p. 78. 
OJ L 368, 15.12.2004, p. 26 and OJ L 370, 17.12.2004, p. 78. 

EN 

39 

   EN 

 
                                                 
(27)  This Regulation constitutes a development of the provisions of the Schengen acquis in 
which the United Kingdom is not participating, in accordance with Council Decision 
2000/365/EC of 29 May 2000 on the request by the United Kingdom of Great Britain 
and Northern Ireland to take part in some of the provisions of the Schengen acquis.21 
The United Kingdom is therefore not taking part in the adoption of this Regulation and 
is not bound by it or subject to its application. 

(28)  This Regulation constitutes a development of the provisions of the Schengen acquis in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 
28 February 2002 concerning Ireland's request to take part in some of the provisions of 
the  Schengen  acquis22.  Ireland  is  therefore  not  taking  part  in  the  adoption  of  the 
Regulation and is not bound by it or subject to its application. 

(29)  This  Regulation  constitutes  provisions,  except  for  Article  22,  building  on  the 
Schengen  acquis  or  otherwise  related  to  it  within  the  meaning  of  Article  3(2)  of  the 
2003 Act of Accession.  

HAVE ADOPTED THIS REGULATION: 

TITLE I: General provisions 

Article 1 

Objective and scope 

1. 

2. 

This  Regulation  establishes  the  rules  for  processing  visa  applications  for  intended 
stays  in  the  territory  of  the  Member  States,  not  exceeding  three  months  in  any  six 
month period. 

Those rules shall apply to any third country national, who must be in possession of a 
visa  when  crossing  the  external  borders  pursuant  to  Council  Regulation  (EC)  No 
539/200123, without prejudice to 

(a) 

(b) 

the rights of free movement enjoyed by third country nationals who are family 
members of citizens of the Union, 

third-country  nationals,  who,  under 
the  equivalent  rights  enjoyed  by 
agreements between the Community and its Member States, on the one hand, 
and  these  third-countries,  on  the  other,  enjoy  rights  of  free  movement 
equivalent to those of Union citizens and members of their families. 

3. 

This  Regulation  also  defines  the  list  of  third  countries  whose  nationals  require  an 
airport  transit  visa  and  establishes  the  rules  for  processing  visa  applications  for 
transit through the international transit areas of Member States’ airports.  

21 
22 
23 

OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 
OJ L 81, 21.3.2001, p. 1. 

EN 

40 

   EN 

 
                                                 
Article 2 

Definitions 

For the purpose of this Regulation the following definitions shall apply: 

(1) 

“third-country national” means any person who is not a citizen of the Union within 
the meaning of Article 17(1) of the Treaty; 

(2) 

“a visa” shall mean an authorisation issued by a Member State with a view to:  

(a) 

(b) 

entry for an intended stay in that Member State or in several Member States of 
a duration of no more than three months in total, 

entry for transit through the territory of that Members State or several Member 
States, or 

(c) 

transit through the international transit areas of the airports of a Member State. 

(3) 

A  “uniform  visa”  means  a  visa  valid  for  the  entire  territory  of  the  Member  States, 
and is either:  

(a) 

a “short-stay visa” (type “C” visa) entitling the holder to stay for a period not 
exceeding three months in any six months period from the first date of entry in 
the territories of the Member States;; 

or 

(b) 

a  “transit  visa”  (type  “B”  visa)  entitling  the  holder,  travelling  from  one  third 
country to another, to pass through the territories of the Member States once, 
twice or exceptionally several times, each transit not exceeding five days; 

“visa  with  limited  territorial  validity”  (type  “LTV  B”  or  “LTV  C”  visa)  means  a 
short-stay visa entitling the holder only to stay in or transit through the territory of 
the issuing Member State or several Member States.  

“airport transit visa” (type “A” visa) means a visa required with a view to a transit 
through the international transit areas of the airports of Member States by nationals 
from certain third countries, as an exception to the principle of free transit laid down 
in annex 9 to the Chicago Convention on International Civil Aviation. 

“recognised  travel  document”  means  a  travel  document  issued  by  a  third  country, 
whose nationals must be in possession of a visa when crossing the external borders 
pursuant to Regulation (EC) No 539/2001, and recognised by Member States for the 
purpose of affixing visas;  

“visa sticker” means the uniform format for visas as defined by Regulation (EC) No 
1683/95 and is the physical form of the visas defined in paragraphs 3, 4 and 5. 

“separate sheet for affixing a visa’ means the uniform format for forms for affixing 
the visa issued by Member States to persons holding travel documents not recognised 

(4) 

(5) 

(6) 

(7) 

(8) 

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by  the  Member  State  drawing  up  to  form  as  defined  by  Regulation  (EC)  No 
333/2002.  

TITLE II: Receipt and processing of visa applications 

Chapter I 
Authorities taking part in the processing of visa applications 

Article 3 

Authorities competent for processing visa applications 

Without  prejudice  to  Article  37,  only  diplomatic  missions  or  consular  posts  of 
Member States shall be entitled to process visa applications.  

By  way  of  derogation  from  paragraph  1,  short-stay  and  transit  visas  may,  in 
exceptional cases, be issued at the border by the authorities responsible for checks on 
persons, including the issue of such visas to seamen.  

Article 4 

“Territorial” competence 

Third country nationals shall apply for a visa at the diplomatic mission or consular 
post of a Member State in their country of residence. 

By way of derogation from paragraph 1, applications may be lodged by third country 
nationals, legally present in a third-country different from their country of residence 
in  that  third-country.  Such  applicants  shall  provide  justification,  for  lodging  the 
application in that country and there must be no doubt as to the applicant’s intention 
to return to the country of residence.  

In that case, the diplomatic mission or consular post located in the applicant's country 
of residence or the central authorities of the issuing Member State may be consulted. 

1. 

2. 

1. 

2. 

Article 5 

Member State responsible for processing a visa application 

1. 

The diplomatic mission or consular post responsible for processing an application for 
a short-stay visa shall be : 

(a) 

(b) 

the diplomatic mission or consular post of the Member State in whose territory 
the sole or main destination of the visit is located, or  

if the Member State of main destination cannot be determined, the diplomatic 
mission  or  consular  post  of  the  Member  State  whose  external  border  the 

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applicant  intends  to  cross  in  order  to  enter  into  the  territory  of  the  Member 
States.  

When  a  visa  with  multiple  entries  is  applied  for,  the  Member  State  of  usual 
destination  shall  be  responsible  for  processing  the  application.  Such  visas  shall  be 
issued only in the applicant’s country of residence.  

2. 

The diplomatic mission or consular post responsible for processing an application for 
a transit visa shall be : 

(a) 

(b) 

in the case of transit through only one Member State, the diplomatic mission or 
consular post of the Member State concerned, or  

in the case of transit through several Member States, the diplomatic mission or 
consular post of the Member State whose external border the applicant intends 
tocross to start the transit. 

3. 

The diplomatic mission or consular post responsible for processing an application for 
an airport transit visa shall be : 

(a) 

(b) 

in the case of a single airport transit, the diplomatic mission or consular post of 
the Member States on whose territory the transit airport is situated, or 

in  the  case  of  double  or  multiple  airport  transit,  the  diplomatic  mission  or 
consular post of the Member State on whose territory the first transit airport is 
situated. 

Article 6 

Competence in relation to issuance of visas to third country nationals legally present 
within a Member State’s territory 

Third  country  nationals  who  are  legally  staying  in  the  territory  of  a  Member  State,  without 
holding a residence permit of that Member State, allowing them to travel without holding a 
visa as provided for in Article 5(1)(b) and Article 34(1)(a) of the Schengen Borders Code, and 
who have justified reasons for travelling to another Member State, shall apply for a visa at the 
diplomatic mission or consular post of the Member State of destination. 

Article 7 

Arrangements on representation 

1. 

Without prejudice to Article 5, the diplomatic mission or consular post of a Member 
State  may  agree  to  represent  another  Member  State  for  processing  applications  for 
short stay visas, transit visas and airport transit visas. The arrangement shall specify 
the  duration, 
termination  of  such 
temporary,  and  procedures  for 
representation, as well as arrangements in relation to possible provision of premises, 
staff and payments by the represented Member State.  

if  only 

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2. 

3. 

4. 

5. 

6. 

7. 

Such  bilateral  arrangements  may  stipulate  that  visa  applications  from  certain 
categories  of  third  country  nationals  are  to  be  transmitted  by  the  representing 
Member  State  to  the  authorities  of  the  represented  Member  State  for  prior 
consultation, as provided for in Article 9(3).  

A Member State may also represent one or more other Member States solely for the 
reception  of  applications  and  the  enrolment  of  biometric  identifiers.  The  reception 
and transmission of files and data to the represented consular post shall be carried out 
respecting the relevant data protection and security rules. 

The represented Member State shall inform the Commission about new arrangements 
on representation or the termination of such arrangements at the latest three months 
before the agreement enters into force or terminates.  

Simultaneously,  the  representing  Member  State  shall  inform  both  the  diplomatic 
missions  and  consular  posts  of  other  Member  States  and  the  delegation  of  the 
European  Commission  in  the  jurisdiction  concerned  when  arrangements  on 
representation have been concluded and when they enter into force. 

The  diplomatic  mission  or  consular  post  of  the  representing  Member  State  shall, 
when  acting  on  behalf  of  another  Member  State,  comply  with  all  the  rules  on  the 
processing of applications for short stay visas,  transit visas and  airport  transit visas 
set out in this Regulation and the issuing times set out in Article 20(1) shall apply.  

When  a  diplomatic  mission  or  consular  post  of  the  representing  Member  State 
envisages refusing an application, the complete file shall be submitted to the central 
authorities  of  the  represented  Member  State  in  order  for  them  to  take  the  final 
decision on the application within the time limit set out in Article 20(1). 

If the diplomatic mission or consular post of the representing Member State decides 
to cooperate with commercial intermediaries or to outsource part of the visa handling 
process,  such  procedures  shall  also  cover  applications  handled  by  way  of 
representation.  However,  the  central  authorities  of  the  represented  Member  State 
shall be duly informed in advance. 

Article 8 

Prior consultation of the Member States’ own central authorities 

1. 

A Member State may require its diplomatic missions or consular posts to consult its 
central  authorities  before  issuing  visas  to  nationals  of  certain  third  countries  or 
specific categories of such nationals. 

The third countries in respect of whose nationals or specific categories of nationals 
such consultation is required shall be as set out in Annex I. 

2. 

Such  consultation  shall  be  without  prejudice  to  the  time  limit  for  examining  visa 
applications, set out in Article 20(1). 

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3. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

If  a  Member  State  represents  another  Member  State  pursuant  to  Article  7(1),  the 
central authorities of the representing Member State shall carry out the consultation 
provided in paragraph 1. 

Prior consultation and information of central authorities of other Member States 

Article 9 

A  Member  State  may  require  the  central  authorities  of  other  Member  States  to 
consult  its  central  authorities  before  issuing  visas  to  nationals  of  specific  third 
countries or specific categories of such nationals.  

The third countries in respect of whose nationals or specific categories of nationals 
such consultation is required shall be as set out in Annex II. 

The central authorities consulted shall react within three working days of receiving 
the  request.  The  absence  of  a  reply  from  the  consulted  authorities  within  this 
deadline  shall  be  deemed  an  authorisation  for  the  consulting  central  authorities  to 
allow their diplomatic mission or consular post to issue the visa.  

A  Member  State  may  require  that  its  central  authorities  be  informed  only  of  visas 
issued by diplomatic missions or consular posts of other Member States to nationals 
of specific third countries or to specific categories of such nationals.  

The third countries for whose nationals such information is required are marked by 
(*) in Annexe II. 

Prior consultation and information shall be carried out in accordance with Article 14 
(2) of the VIS Regulation n°…. 

If  a  Member  State  represents  another  Member  State  pursuant  to  Article  7(1),  the 
central authorities of the representing Member State shall carry out the consultation 
provided for in paragraph 1 and/or the information provided for in paragraph 3. 

Chapter II 
The application 

Article 10 

Practical modalities for submission of the application 

Applications  shall  be  submitted  no  more  than  three  months  before  the  start  of  the 
planned visit. 

Applicants  may  be  required  to  obtain  an  appointment  for  the  submission  of  an 
application. This appointment may be arranged directly with the diplomatic mission 
or consular post or where applicable, via an intermediary. The appointment shall take 
place within two weeks. 

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3. 

4. 

1. 

2. 

3. 

4. 

In  appropriately  justified  cases  or  in  justified  cases  of  urgency,  applicants  shall  be 
allowed  to  submit  their  application  either  without  prior  appointment  or  an 
appointment shall be given immediately. 

If the information supplied in support of the application is incomplete, the applicant 
shall be informed of what additional documentation is required. The applicant shall 
be invited to provide the additional information/documentation promptly and shall be 
informed that after 1 calendar month after the date of this invitation, the application 
will be declared inadmissible if the required information is not submitted. 

Article 11 

Capturing of biometric data 

Member States shall collect biometric identifiers comprising the facial image and ten 
fingerprints  from  the  applicant  in  accordance  with  the  safeguards  laid  down  in  the 
European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental 
Freedoms and in the United Nations Convention on the Rights of the Child. 

At the moment of submission of his/her first visa application each applicant shall be 
required to appear in person. At that time the following biometric identifiers shall be 
collected: 

(a) 

a photograph, scanned or taken at the time of application and  

(b) 

ten fingerprints taken flat and digitally captured.  

For any subsequent application the biometric identifiers shall be copied from the first 
application, provided the last entry is not older than 48 months. After this period a 
subsequent application is to be considered as a “first application”. 

The  technical  requirements  for  the  photograph  and  the  fingerprints  shall  be  in 
accordance with the international standards as set out in ICAO document 9303 part 1 
(passports) 6th edition24.  

The biometric identifiers shall be taken by qualified and duly authorised staff of the 
diplomatic  mission  or  consular  post  or,  under  their  supervision,  of  the  external 
service provider referred to in Article 37(1)(c). 

The  data  shall  be  entered  in  the  Visa  Information  System  (VIS)  only  by  duly 
authorised consular staff according to Articles 4(1), Article 5 and Article 6(5) and (6) 
of the VIS Regulation.  

5. 

The following applicants shall be exempt from the requirement to give fingerprints: 

(a)  Children under the age of 6;  

24 

The  technical  requirements  are  the  same  as  for  the  passports  delivered  by  Member  States  to  their 
nationals in accordance with Regulation (EC) No 2252/2004. 

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(b)  Persons  where 

If,  however, 
fingerprinting  of  less  than  ten  fingers  is  possible,  the  respective  number  of 
fingerprints shall be taken. 

is  physically 

fingerprinting 

impossible. 

A  Member  State  may  provide  for  exceptions  from  the  requirement  of  collecting 
biometric  identifiers  for  holders  of  diplomatic  passports,  service/official  passports 
and special passports. 

In each of these cases an entry “not applicable” shall be introduced in the VIS. 

6. 

For  each  location,  Member  States  shall  either  equip  their  consular  office  with  the 
required  material  for  capturing/collecting  biometric  identifiers  or  without  prejudice 
to  the  options  of  representation  provided  for  in  Article  7,  decide  to  use  one  of  the 
forms of cooperation described in Article 37. 

Article 12 

Submission of a visa application 

1. 

When applying for a visa, the applicant shall: 

(a) 

complete the application form referred to in Article 13; 

(b) 

(c) 

(d) 

(e) 

(f) 

present a valid travel document the expiry date of which must be at least three 
months  after  the  intended  departure  from  the  territory  of  the  Member  States, 
and which contains one or more free pages for affixing the visa; 

provide  supporting  documents,  in  accordance  with  Article  14  and  Annex  IV, 
proving the purpose and the duration of the stay;  

provide  evidence  of  the  possession  of  sufficient  means  of  subsistence,  in 
accordance with Article 5(3) of the Schengen Borders Code; 

allow the capturing of his/her biometric data in accordance with Article 11(2); 

pay the handling fee as provided for in Article 16. 

2. 

3. 

Where applicable, the applicant shall present proof of possession of adequate travel 
medical insurance as provided for in Article 15. Member States’ diplomatic missions 
and consular posts may under local consular cooperation arrangements agree that this 
proof is to be presented only when the visa is issued.  

Where applicable, a stamp as described in Article 17 shall be affixed to the passport 
of the applicant. 

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Article 13 

The application form 

1. 

2. 

Visa  applicants  shall  complete  and  sign  the  application  form,  set  out  in  Annex  III. 
Accompanying  persons  included  in  the  applicant's  travel  document  shall  complete 
separate application forms.  

The diplomatic mission or consular post shall make the application form available to 
applicants free of charge and it shall be widely available and easily accessible in hard 
copy and electronic form.  

3. 

The form shall be available in the following languages: 

(a) 

the official language(s) of the Member State for which a visa is requested, 

(b) 

the official language(s) of the host country, or 

(c) 

the official language(s) of the host country and the official language(s) of the 
Member State for which a visa is requested.  

In  addition  to  the  languages  referred  to  in  the  first  subparagraph,  the  form  may  be 
made available in another of the official languages of the European Union. 

If the form is available only in the official languages of the Member State for which 
a visa is requested, a translation of the application form into the official language(s) 
of the host country shall be made available to visa applicants, separately.  

A translation of the application form into the official language(s) of the host country 
shall be produced under local consular cooperation arrangements.  

4. 

Applicants shall be informed of the language(s) which may be used when filling in 
the application form. 

Article 14 

Supporting documents 

1. 

The visa applicant shall produce the following documents:  

(a) 

documents indicating the purpose of the journey 

(b)  documents in relation to accommodation 

(c) 

documents indicating the financial means available to cover subsistence costs. 

(d)  documents  indicating  the  applicant’s  intention  to  return  to  the  country  of 

departure 

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2. 

3. 

1. 

2. 

3. 

4. 

5. 

The form providing proof of invitation, sponsorship and accommodation is set out in 
Annex V.  

A  non-exhaustive  list  of  supporting  documents  which  the  diplomatic  mission  or 
consular post may request from the visa applicant in order to verify the fulfilment of 
the conditions set out in Article 12(1)(c) and (d), is set out in Annex IV.  

Within  local  consular  cooperation,  shall  be  assessed  the  need  to  complete  and 
harmonise  the  lists  of  supporting  documents  contained  in  Annex  IV,  within  each 
jurisdiction so as to take account of local circumstances. 

Article 15 

Travel medical insurance 

Applicants  for  short-stay  visas  and  transit  visas  shall  prove  that  they  are  in 
possession of adequate and valid travel insurance to cover any expenses which might 
arise  in  connection  with  repatriation  for  medical  reasons,  urgent  medical  attention 
and/or emergency hospital treatment.  

Without  prejudice  to  Article  12(2)  last  sentence,  proof  of  travel  insurance  shall  be 
presented when the application is lodged. 

Applicants applying for multiple entry visas with a long validity shall prove that they 
are in possession of adequate travel medical insurance covering the period of the first 
intended visit.  

In addition, such applicants shall sign the statement, set out in the application form, 
declaring  that  they  are  aware  of  the  need  to  be  in  possession  of  travel  medical 
insurance for subsequent stays.  

The insurance must be valid throughout the territory of the Member States and cover 
the entire period of the person's stay or transit. The minimum coverage shall be EUR 
30 000.  

When a visa with limited territorial validity or a transit visa is issued, the insurance 
cover may be confined to the Member State(s) concerned. 

Applicants  shall,  in  principle,  take  out  insurance  in  their  State  of  residence.  Where 
this is not possible, they should seek to obtain insurance in any other country.  

The person subscribing the form provided in Annex V may take out insurance for the 
applicant, in which case, the conditions set out in paragraph 3 shall apply. 

Holders of diplomatic passports, seafarers as covered by the ILO Conventions n° 108 
and 185, and third-country nationals applying for a visa at the border shall be exempt 
from the requirement to hold adequate and valid travel insurance. 

6. 

The need for further exemptions may be assessed within local consular cooperation.  

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7. 

8. 

9. 

The  insurance  requirement  may  be  considered  to  have  been  met  where  it  is 
established  that  an  adequate  level  of  insurance  may  be  assumed  in  the  light  of  the 
applicant's  professional  situation.  This  exemption  may  concern  particular 
professional groups already covered by travel medical insurance as a result of their 
professional activities. 

Within local consular cooperation in a given jurisdiction shall be assessed whether it 
is possible to acquire appropriate travel medical insurance. 

When assessing whether insurance is adequate, diplomatic missions or consular posts 
shall ascertain whether claims against the insurance company would be recoverable 
in a Member State. 

10. 

When  the  requirement  to  be  in  possession  of  travel  medical  insurance  has  been 
waived,  the  relevant  authority  shall  affix  the  following  code,  “N-INS”,  in  the 
“comments” section of the visa sticker. 

Article 16 

The handling fee  

1. 

2. 

3. 

4. 

When  lodging  a  visa  application,  applicants  shall  pay  a  handling  fee  of  60  EUR, 
corresponding to the administrative costs of processing the visa application. The fee 
shall be charged in EURO or in the national currency of the third country where the 
application is made and shall not be refundable.  

Applicants shall be given a receipt for the fee paid. The receipt shall indicate that the 
handling fee is not refundable. 

If the handling fee is charged in the national currency of the third country where the 
application  is  made,  Member  States’  diplomatic  missions  and  consular  posts  shall 
apply the Euro foreign exchange reference rate established by the European Central 
Bank. They ensure under local consular cooperation that all Member States adapt the 
amount of the handling fee in national currency at the same time.  

The  handling  fee  shall  be  waived  for  visa  applicants  belonging  to  one  of  the 
following categories:  

(a) 

children under 6 years;  

(b) 

(c) 

school pupils, students, post graduate students and accompanying teachers who 
undertake trips for the purpose of study or educational training; and 

researchers  from  third  countries  travelling  within  the  Community  for  the 
purpose of carrying out scientific research as defined in the Recommendation 
(No.  2005/761/EC)  of  the  European  Parliament  and  of  the  Council  of  28 
September 2005.  

5. 

In individual cases, the amount of the fee to be charged may be waived or reduced in 
accordance with national law when this measure serves to promote cultural interests 

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6. 

7. 

8. 

1. 

2. 

3. 

4. 

5. 

as well as interests in the field of foreign policy, development policy, other areas of 
vital public interest or for humanitarian reasons. 

Until 1 January 2008, nationals of third countries in respect of which the Council has 
given  the  Commission  a  mandate  to  negotiate  a  visa  facilitation  agreement  by  1 
January 2007 shall pay a handling fee of 35 Euro. 

When  the  holder  of  an  LTV  issued  in  accordance  with  Article  21(1)(c)  needs  to 
travel – within the period of validity of that visa - to a Member State not included in 
the territorial validity of the LTV, no handling fee shall be charged for the processing 
of the second visa application. 

The fee shall be doubled in cases where the visa application is submitted by the visa 
applicant  three  days  or  less  before  the  envisaged  date  of  departure  without 
justification. 

Article 17 

Stamp indicating that an application has been lodged 

In  order  to  avoid  the  simultaneous  lodging  of  multiple  applications,  the  Member 
State's  diplomatic  mission  or  consular  post  to  which  an  application  is  made  shall 
stamp the applicant's travel document indicating that a visa has been applied for. The 
stamp shall be placed on the first available page that contains no entries or stamps in 
the  travel  document,  when  the  diplomatic  mission  or  consular  post  receives  the 
application.  

The stamp shall have no legal implication for future applications. 

The  stamp  shall  be  as  set  out  in  the  model  in  Annex  VI  and  shall  be  affixed  in 
accordance with that annex. 

Diplomatic passports shall not be stamped. A harmonised approach as to whether to 
derogate  from  the  requirement  for  other  specified  categories  of  persons  shall  be 
agreed upon within local consular cooperation. 

The  provisions  of  this  Article  shall  cease  to  apply  to  Member  States’  diplomatic 
missions and consular posts from the date they transmit the visa data to the VIS. 

Chapter III 
Examination and processing of visa applications 

Article 18 

Examination of the application 

1. 

In  the  examination  of  a  visa  applications  and  supporting  documents,  particular 
consideration  shall  be  given  to  the  risk  of  illegal  immigration  and  the  security  of 
Member States and the applicant’s intention of returning. 

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2. 

3. 

4. 

5. 

6. 

7. 

If there is any doubt as to the purpose of the applicant's stay or intention of return, or 
the  documentation  submitted,  the  applicant  may  be  called  for  interview  at  the 
diplomatic mission or consular post of the Member State responsible for examining 
the application to provide additional information.  

In  respect  of  each  visa  application  the  VIS  shall  be  consulted  in  accordance  with 
Articles 5 and 13 of the VIS Regulation. 

The examination of the visa application shall ascertain whether the applicant fulfils 
the entry conditions set out in Article 5(1) of the Schengen Borders Code and verify: 

(a) 

(b) 

(c) 

(d) 

(e) 

the validity and authenticity of the travel document presented by the applicant;  

that  the  person  does  not  constitute  a  danger  to  public  order,  internal  security, 
public health or the international relations of any Member States by consulting 
the SIS and national databases; 

the points of departure and destination of the third country national concerned 
and  the  purpose  of  the  intended  stay,  by  checking  the  supporting  documents 
referred to in Article 14 and Annex IV; 

where appropriate, previously issued uniform visas on the travel document of 
the third country national concerned, in order to verify that the person has not 
exceeded  the  maximum  duration  of  authorised  stay  in  the  territory  of  the 
Member States;  

that  the  applicant  has  sufficient  means  of  subsistence  for  the  duration  and 
purpose  of  the  intended  stay,  for  his  or  her  return  to  the  country  of  origin  or 
transit to a third country into which he or she is certain to be admitted, or that 
he or she is in a position to acquire these means lawfully. In this verification 
account shall be taken of the reference amounts, as referred to in Article 5(3) of 
the Schengen Borders Code, and of the proof of accommodation or bearing of 
cost, as stated in form set out in Annex V. 

(f) 

that the applicant is in possession of adequate travel medical insurance, where 
applicable. 

If the applicant is a national of a third country listed in Annexes I or II, the central 
authorities of the Member State(s) concerned shall be consulted in accordance with 
Article 14(1) and (2) of the VIS Regulation. 

Only  the  checks  referred  to  in  paragraph  4(a),  (b)  and  (d)  shall  be  carried  out  on 
third- country nationals applying for an airport transit visa. In such cases the purpose 
of the onward journey shall be verified.  

If there is any doubt as to the authenticity of the documents submitted or the veracity 
of their contents, the reliability of the statements recorded during the interview or the 
purpose  of  the  applicant's  stay  or  his  intention  to  return,  the  diplomatic  mission  or 
consular post shall not issue the visa.  

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1. 

2. 

3. 

1. 

2. 

3. 

Article 19 

Inadmissibility 

Where the applicant does not provide the additional information required pursuant to 
Article  10(4)  within  one  calendar  month  from  the  date  of  the  invitation  to  submit 
additional information/documentation, the application shall be declared inadmissible.  

In the cases referred to in paragraph 1, the diplomatic mission or consular post shall 
replace  the  status  information  in  the  VIS,  as  referred  to  in  Article  8(2)  of  the  VIS 
Regulation. 

Where  the  application  has  been  declared  inadmissible,  the  applicant  shall  have  no 
right to appeal. 

Article 20 

Decision on the visa application 

Member  States’  diplomatic  missions  and  consular  posts  shall  decide  upon  visa 
applications within 10 working days of the date of submission of the application, or 
after  the  date  of  the  completion  of  the  file.  This  period  may  be  extended  to  a 
maximum  of  30  days  in  individual  cases,  notably  when  further  scrutiny  of  the 
application is needed, including the situation referred to in Article 7(6).  

The  diplomatic  missions  or  consular  posts  shall  decide  on  the  period  of  validity  of 
the  visa  and  the  length  of  the  authorised  stay  on  the  basis  of  all  the  information 
available to them concerning the purpose and duration of the intended stay or transit 
and  bearing  in  mind  the  specific  situation  of  the  applicant.  For  single  entry  transit 
visas and ATVs the additional “period of grace” granted shall be seven days and for 
single entry “C” visas fifteen days. 

Multiple-entry  visas,  entitling  the  holder  to  several  entries,  three  month  stays  or 
several  transits  during  any  half-year,  may  be  issued  with  a  period  of  validity  of 
maximum 5 years 

The following criteria are in particular relevant for taking the decision to issue such 
visas: 

(a) 

the  applicant's  need  to  travel  frequently  and/or  regularly  due  to  his/her 
occupational  or  family  status,  such  as  businessmen  and  women,  civil 
servants engaged in regular official contacts with Member States and the 
Community  institutions,  family  members  of  citizens  of  the  Union, 
members  of  the  family  of  third  country  nationals  residing  in  Member 
States, seafarers,  

(b) 

the integrity and reliability of the applicant, in particular the lawful use of 
previous Schengen visas, his economic situation in the country of origin 
and his genuine intention to return to that country. 

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4. 

Member States’ diplomatic missions and consular posts shall enter the data set out in 
Article 8 (1) of the VIS Regulation into the VIS when a decision on issuing a visa 
has been taken.  

Article 21 

Visa with Limited Territorial Validity 

1. 

A  visa  with  limited  territorial  validity  (LTV)  shall  be  issued  exceptionally  in  the 
following cases: 

(a)  when  a  diplomatic  mission  or  consular  post  considers  it  necessary,  on 
humanitarian  grounds,  for  reasons  of  national  interest  or  because  of 
international  obligations,  to  derogate  from  the  principle  that  the  entry 
conditions  laid  down  in  Article  5(1)  of  the  Schengen  Borders  Code,  must  be 
fulfilled; 

(b)  when  a  diplomatic  mission  or  consular  post  considers  it  necessary,  on 
humanitarian  grounds,  for  reasons  of  national  interest  or  because  of 
international  obligations,  to  issue  a  visa,  although  the  prior  consultation 
procedure  has  given  rise  to  objections  on  the  part  of  the  consulted  Member 
State or if prior consultation has not been carried out for reasons of urgency (on 
humanitarian  grounds,  reasons  of  national  interest  or  because  of  international 
obligations); 

(c)  when a diplomatic mission or consular post for urgent reasons, justified by the 
applicant, issues a new visa for a stay during the same six-month period to an 
applicant who, over this six-month period, has already used a visa allowing for 
a stay of three months.  

In the cases referred to in the first subparagraph, the visa issued shall be valid only 
for the territory of the issuing Member State.  

If the applicant holds a travel document that is not recognised by one or more, but 
not  all,  Member  States,  a  visa  valid  for  the  territories  of  the  Member  States 
recognising  the  travel  document  shall  be  issued.  If  the  visa  issuing  Member  State 
does not recognise the applicant’s travel document, the visa issued shall only be valid 
for that Member State.  

2. 

The  central  authorities  of  the  Member  State  whose  diplomatic  mission  or  consular 
post  has  issued  LTVs  in  the  cases  described  in  points  (a)  and  (b)  of  the  first 
subparagraph of paragraph 1 shall immediately circulate the relevant information to 
the central authorities of the other Member States.  

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Article 22 

Airport transit visas 

1. 

2. 

Nationals  of  the  third  countries  included  in  the  list  set  out  in  Annex  VII  ,  shall  be 
required to hold an airport transit visa, when passing through the international transit 
areas of airports situated on the territory of Member States.  

The following categories of persons shall be exempt from this requirement to hold an 
airport transit visa provided for in paragraph 1: 

(a) 

holders of uniform short stay or transit visa issued by a Member State, 

(b) 

third-country  nationals  holding  residence  permits  issued  by  Andorra,  Japan, 
Canada,  Monaco,  San  Marino,  or  the  United  States  of  America  guaranteeing 
the holder’s unqualified return, and listed in Annex VIII; 

(c) 

family members of citizens of the Union; 

(d)  holders of diplomatic passports; 

(e) 

flight crew who are nationals of a contracting Party to the Chicago Convention 
on International Civil Aviation. 

Article 23 

Refusal of a visa 

1. 

Without prejudice to Article 21(1), a visa shall be refused if the applicant: 

(a) 

presents a false, counterfeited or forged travel document; 

(b)  does  not  prove  that  he  has  sufficient  means  of  subsistence  for  the  whole 
duration of the stay, and for return to his country of origin or departure, or that 
he is in a position to acquire such means lawfully; 

(c) 

does not provide sufficient evidence justifying the purpose and duration of the 
stay; 

(d)  does  not  provide  proof  of  holding  adequate  travel  medical  insurance,  where 

applicable; 

(e) 

(f) 

(g) 

has already stayed for three months during a six-month period on the territory 
of the Member States; 

is a person for whom an alert has been issued in the SIS or in a national register 
for the purposes of refusing entry; 

is  considered to be a threat  to public order,  internal  security,  public health or 
the international relations of the European Union or its Member States. 

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2. 

3. 

4. 

5. 

The decision stating the precise reasons for the refusal shall be given by means of the 
standard  form  set  out  in  Annex  IX.  This  form  shall  also  be  used  when  the  visa  is 
refused at the border. 

Applicants refused visa shall have the rights to appeal. Appeals shall be conducted in 
accordance with national law. A written indication of contact points able to provide 
information  on  representatives  competent  to  act  on  behalf  of  the  applicants  in 
accordance with national law shall be given to the applicants. 

If  cases  referred  to  in  Article  7(6),  the  diplomatic  mission  or  consular  post  of  the 
representing  Member  State  shall  inform  the  applicant  of  the  decision  taken  by  the 
represented Member State.  

A refusal shall not affect any future visa application, which shall be assessed on its 
own merits. 

Article 24 

Rights flowing from an issued visa 

Mere possession of a short stay visa or a transit visa does not confer automatic right of entry. 

Article 25 

Filling in the visa sticker 

1. 

2. 

3. 

1. 

2. 

3. 

When  filling  in  the  visa  sticker,  Member  States’  diplomatic  missions  and  consular 
posts  shall  insert  the  mandatory  entries  set  out  in  Annex  X  and  fill  in  the  machine 
readable  zone,  as  provided  for  in  ICAO  document  9303,  Part  1n  6th  edition  (June 
2006).  

Member  States  may  add  national  entries  in  the  “comments”  section  of  the  visa 
sticker, which shall not duplicate the mandatory entries in Annex X. 

All  entries  on  the  visa  sticker  shall  be  printed.  Visa  stickers  may  be  filled  in 
manually only in case of technical force majeure.  

Article 26 

Invalidation of completed visa stickers 

No manual changes shall be made to a printed visa sticker. 

If an error is detected on a sticker which has not yet been affixed to the passport, the 
sticker shall be destroyed. 

If  an  error  is  detected  after  the  sticker  has  been  affixed  to  the  passport,  the  sticker 
shall be invalidated by drawing a red cross on the sticker and a new sticker shall be 
affixed. 

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4. 

1. 

2. 

3. 

4. 

5. 

If  an  error  is  detected  after  the  relevant  data  have  been  introduced  into  the  VIS  in 
accordance  with  Article  8  of  the  VIS  Regulation,  the  error  shall  be  corrected  in 
accordance with Article 21(1) of the VIS Regulation. 

Article 27 

Affixing visa stickers  

The printed visa sticker containing the data provided for in Article 25 and Annex X 
shall be affixed to the first page of the passport that contains no entries or stamps - 
other than the stamp indicating that an application has been lodged.  

The  sticker  shall  be  aligned  with  and  affixed  to  the  edge  of  the  page  of  the  travel 
document. The machine-readable zone of the sticker shall be aligned with the edge of 
the page. 

The stamp of the issuing diplomatic mission or consular post shall be placed in the 
“COMMENTS” section in such a manner that it extends beyond the sticker onto the 
page of the travel document.  

Only in cases where it is necessary to dispense with the completion of the section to 
be  scanned  electronically  may  the  stamp  be  placed  in  this  section  to  render  it 
unusable.  The  size  and  content  of  the  stamp  and  the  ink  to  be  used  shall  be 
determined by the national rules of the Member State. 

To prevent re-use of a visa sticker affixed to a uniform format form, the seal of the 
issuing diplomatic mission or consular office shall be stamped to the right, straddling 
the sticker and the form, in such a way as neither to impede reading of the headings 
and the comments nor to enter the machine readable zone, if completed. 

Where  the  visa-issuing  Member  State  does  not  recognise  the  applicant’s  travel 
document, the separate sheet for affixing a visa shall be used. 

Individual visas issued to accompanying persons according to Article 13(1) who are 
included  in  the  travel  document  of  the  applicant  shall  be  affixed  in  that  travel 
document. 

Where  the  travel  document  in  which  accompanying  persons  are  included  is  not 
recognised by the visa-issuing Member State, the individual visas shall be affixed to 
the separate sheet for affixing visas.  

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Chapter IV 
Modifying the period of validity of an issued visa 

Article 28 

Extension  

1. 

2. 

3. 

4. 

5. 

6. 

7. 

The  period  of  validity  and/or  the  duration  of  stay  of  an  issued  short  stay  or  transit 
visa shall be extended, at the request of the holder if he can provide proof of force 
majeure, humanitarian reasons, serious occupational reasons and/or personal reasons.  

An  extension  of  a  visa,  as  provided  for  in  paragraph  1,  shall  not,  under  any 
circumstances, result in the type of the visa being changed or in the duration of the 
stay exceeding three months (short stay) or 10 days (transit).  

Unless  otherwise  decided  by  the  administrative  authority  extending  the  visa,  the 
territorial validity of the extended visa shall remain the same as the original visa. 

The  administrative  authority  competent  to  extend  the  visa  shall  be  that  of  the 
Member State on whose territory the third country national is present at the moment 
of applying for an extension.  

Member  States  shall  notify  to  the  Commission  the  authorities  competent  for 
extending visas. 

A fee of 30 EUR shall be charged for extending a visa. 

Extension  of  uniform  visas  shall  take  the  form  of  a  stamp,  corresponding  to  the 
model set out in Annex XI. The competent authority shall also affix its seal.  

Information  on  extended  visas  shall  be  entered  into  the  VIS  in  accordance  with 
Article 12 of the VIS Regulation. 

Article 29 

Annulment 

1. 

A visa may be annulled :  

(a) 

by  the  issuing  diplomatic  mission  or  consular  post  in  order  to  prevent  the 
holder from entering the territory of the Member States, if it becomes evident 
after  the  visa  has  been  issued  that  the  holder  does  not  fulfil  the  conditions 
justifying the issue of the visa. 

(b)  by border control authorities in conformity with the provisions of Article 13(1) 

and Annex V, Part A, (2) of the Schengen Borders Code. 

2. 

Information  on  annulled  visas  shall  be  entered  into  the  VIS,  in  accordance  with 
Article 11 of the VIS Regulation. 

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3. 

If a visa is annulled pursuant to paragraph 1(b) by the border control authorities of a 
Member State other than the issuing Member State, the issuing Member State shall 
be informed of the annulment of its visas.  

Article 30 

Revocation of a visa  

1. 

A visa may be revoked in the following cases:  

(a) 

by the issuing diplomatic mission or consular post at the request of the holder 
in which case a stamp must be affixed to the visa sticker indicating that the visa 
has been revoked at the request of the holder.  

(b)  by  the  competent  authorities  after  the  holder  has  entered  the  territory  of  the 
Member States, if the holder no longer fulfils the entry conditions as set out in 
Article 5(1) of the Schengen Borders Code. 

Information on revoked visas shall be entered into the VIS in accordance with Article 
11 of the VIS Regulation. 

If  the  visa  is  revoked  pursuant  to  paragraph  1(b)  by  the  competent  authorities  of  a 
Member State other than the issuing Member State, the issuing Member State shall 
be informed of the revocation of its visas. 

Article 31 

Shortening the length of duration of stay authorised by a visa  

Border control authorities may decide to shorten the duration of stay authorised by a 
visa if it is established that the holder does not have adequate means of support for 
the initially intended duration of the stay. 

Information  on  the  shortening  of  the  duration  of  stay  authorised  by  a  visa  shall  be 
entered into the VIS, in accordance with Article 11 of the VIS Regulation. 

2. 

3. 

1. 

2. 

Chapter V 
Visas issued at the external borders  

Article 32 

Visas issued at the external borders 

1. 

Short-stay  visas  or  transit  visas  may  only  be  issued  at  the  external  borders  if  the 
following conditions are satisfied: 

(a) 

the  applicant  fulfils  the  conditions  laid  down  in  Article  5(1)  of  the  Schengen 
Borders Code; 

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59 

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(b) 

the applicant has not been in a position to apply for a visa in advance, 

(c) 

(d) 

the  applicant  submits  supporting  documents  substantiating  unforeseeable  and 
imperative reasons for entry, and 

the  applicant’s  return  to  his  country  of  origin  or  transit  through  States  other 
than  Member  States  fully  implementing  the  Schengen  acquis  is  assessed  as 
certain.  

Where a visa is applied for at the external border, the requirement that the applicant 
be in possession of travel medical insurance shall be waived.  

A visa issued at the external border may, as appropriate, be either  

(a) 

(b) 

a single entry short-stay visa, entitling the holder to stay for a maximum period 
of 15 days in all Member States, or 

a  single  entry  transit  visa,  entitling  the  holder  to  a  transit  of  a  maximum 
duration of 5 days, valid for all Member States.  

Where the conditions laid down in Article 5(1) of the Schengen Borders Code are not 
fulfilled, the authorities responsible for issuing the visa at the border may issue a visa 
with limited territorial validity for the territory of the issuing Member State only, in 
accordance with Article 21(1)(a). 

A  third-country  national  falling  within  a  category  of  persons  for  whom  prior 
consultation is required in accordance with Article 9 shall, in principle, not be issued 
with a visa at the border. 

However,  a  visa  with  limited  territorial  validity  only  for  the  territory  of  the  visa 
issuing  Member  State,  may  be  issued  at  the  border  for  such  persons  in  exceptional 
cases, in accordance with Article 21(1)(b). 

2. 

3. 

4. 

5. 

6. 

The provisions on justification and notification of refusals and possibilities of appeal 
set out in Article 23 and Annex IX shall apply. 

Article 33 

Visas issued to seafarers in transit at the border 

1. 

A seafarer who is required to be in possession of a visa when crossing the external 
borders of the Member States may be issued with a transit visa at the border where: 

(a) 

he fulfils the conditions set out in Article 32(1) and 

(b) 

he  is  crossing  the  border  in  question  in  order  to  embark  on,  re-embark  on  or 
disembark from a ship on which he will work or has worked as a seafarer. 

2. 

Before  issuing  a  visa  at  the  border  to  a  seafarer  in  transit,  the  competent  national 
authorities shall comply with the rules set out in Annex XII, Part 1, and make sure 
that  the  necessary  information  concerning  the  seaman  in  question  has  been 

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exchanged  by  means  of  a  duly  completed  form  for  seamen  in  transit,  as  set  out  in 
Annex XII, Part 2. 

3. 

This Article shall apply without prejudice to Article 32(3), (4) and (5). 

TITLE III: Administrative management and organisation 

Article 34 

Organisation of visa sections 

1. 

Member  States  shall  be  responsible  for  organising  the  visa  sections  of  their 
diplomatic missions and consular posts. 

In  order  to  prevent  any  decline  in  the  level  of  vigilance  and  to  protect  staff  from 
being  exposed  to  pressure  at  local  level,  rotation  schemes  for  staff  dealing  directly 
with  applicants  shall  be  set  up.  Without  prejudice  to  the  quality  of  services  or 
knowledge  of  tasks,  the  staff  shall  be  rotated  at  least  every  six  months.  Particular 
attention shall be attached to clear work structures and distinct allocation/division of 
responsibilities  in  relation  to  the  taking  of  final  decisions  on  visa  applications. 
Access  to  consultation  of  the  VIS  and  the  SIS  and  other  confidential  information 
shall be restricted to a limited number of duly authorised expatriate permanent staff 
members.  Appropriate  measures  shall  be  taken  to  prevent  unauthorised  access  to 
such databases. 

The  storage  and  handling  of  visa stickers  shall  be  subject  to  stringent  security 
measures to avoid fraud or loss. Both issued visa stickers and cancelled visa stickers 
shall be registered. 

Member States’ diplomatic missions and consular posts shall keep archives of paper 
copies  of  visa  applications.  Each  individual  file  shall  contain  the  application  form, 
copies of relevant supporting documents, a record of checks made and a copy of the 
visa issued, in order for staff to be able to reconstruct, if need be, the background for 
the decision taken on the application. 

Individual  files  shall  be  kept  for  five  years  both  when  a  visa  has  been  issued  and 
when it has been refused. 

2. 

3. 

Article 35 

Resources for processing visa applications and monitoring of diplomatic missions and 
consular posts 

1. 

Member States shall  deploy  appropriate staff  in sufficient  numbers to carry out the 
tasks  relating  to  the  processing  of  visa  applications,  in  such  a  way  as  to  ensure  an 
efficient  and  harmonised  level  of  treatment  of  applications  and  applicants  in  their 
diplomatic missions and consular posts. Premises should meet appropriate functional 
requirements of adequacy and allow for appropriate security measures. 

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2. 

3. 

1. 

2. 

3. 

Member States’ central authorities shall provide adequate training to both expatriate 
staff  and  locally  employed  staff  and  shall  be  responsible  for  providing  them  with 
complete, precise and updated information on the relevant Community and national 
law. 

Member States’ central authorities shall ensure frequent and adequate monitoring of 
the  conduct  of  processing  of  visa  applications  and  take  corrective  measures  when 
deviations from provisions are detected. 

Article 36 

Conduct of staff processing visa applications 

Member States' diplomatic missions and consular post shall ensure that applicants are 
received courteously. 

Consular staff shall, in the performance of their duties, fully respect human dignity. 
Any  measures  taken  shall  be  proportionate  to  the  objectives  pursued  by  such 
measures. 

While performing their tasks, consular staff shall not discriminate against persons on 
grounds  of  sex,  racial  or  ethnic  origin,  religion  or  belief,  disability,  age  or  sexual 
orientation. 

Article 37  

Forms of cooperation in relation to the reception of visa applications 

1. 

Member States may engage in the following forms of cooperation:  

(a) 

(b) 

“co-location”: staff from the diplomatic posts and consular missions of one or 
more Member States process the applications (including biometric identifiers) 
addressed  to  them  at  the  diplomatic  post  and  consular  mission  of  another 
Member  State  and  share  the  equipment  of  that  Member  State.  The  Member 
States concerned shall agree on the duration and conditions for the termination 
of the co-location as well as the part of the administrative fee to be received by 
the Member State whose diplomatic post or consular mission is being used. 

“Common  Application  Centres”:  staff  of  diplomatic  posts  and  consular 
missions of two or more Member States are pooled in one building in order to 
receive  the  visa  applications  (including  biometric  identifiers)  addressed  to 
them.  Applicants  shall  be  directed  to  the  Member  State  responsible  for  the 
processing  of  the  visa  application.  Member  States  shall  agree  on  the  duration 
and  conditions  for  the  termination  of  this  co-operation  as  well  as  the  cost 
sharing  among  the  participating  Member  States.  One  Member  State  shall  be 
responsible  for  contracts  in  relation  to  logistics  and  diplomatic  relations  with 
the host country. 

(c)  Co-operation with external service providers: where for reasons relating to the 
local  situation  of  the  consular  post  it  is  not  appropriate  to  equip  the  consular 

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office  for  capturing/collecting  biometric  identifiers  or  to  organise  co-location 
or  a  Common  Application  Centre,  a  Member  State  or  several  Member  States 
jointly  may  co-operate  with  an  external  service  provider  for  the  reception  of 
visa applications (including biometric identifiers). In such a case, the Member 
State(s) concerned shall remain liable for compliance with data protection rules 
for the processing of visa applications. 

Article 38 

Co-operation with external service providers  

1. 

Cooperation with external service providers shall take the following form: 

(a) 

(b) 

the external service provider acts as a call-centre providing general information 
on  the  requirements  for  applying  for  a  visa  and  in  charge  of  the  appointment 
system; and/or, 

the external service provider provides general information on the requirements 
for  applying  for  a  visa,  collects  applications,  supporting  documents  and 
biometric data from visa applicants and collects the handling fee (as provided 
for  in  Article  16)  and  transmits  completed  files  and  data  to  the  diplomatic 
mission or consular post of the Member State competent for the processing of 
the application. 

The Member State(s) concerned shall select an external service provider who is able 
to  ensure  all  the  technical  and  organisational  security  measures  and  appropriate 
technical  and  organizational  measures  requested  by  the  Member  State(s)  to  protect 
personal data against accidental or unlawful destruction or accidental loss, alteration, 
unauthorized  disclosure  or  access,  in  particular  where  the  processing  involves  the 
transmission of data over a network as well as the reception and transmission of files 
and data to the consular post, and against all other unlawful forms of processing.  

When  selecting  external  service  providers,  Member  States’  diplomatic  missions  or 
consular posts shall scrutinise the solvency and reliability of the company (including 
necessary  licences,  commercial  registration,  company  statutes,  bank  contracts  and 
shall ensure there is no conflict of interests.  

External service providers shall not have access to the VIS for any purpose. Access 
to  the  VIS  shall  be  reserved  exclusively  to  duly  authorised  staff  of  diplomatic 
missions or consular posts.  

The  Member  State(s)  concerned  shall  conclude  a  contract  with  the  external  service 
provider  in  accordance  with  Article  17  of  Directive  95/46/EC.  Before  concluding 
such  a  contract,  the  diplomatic  mission  or  consular  post  of  the  Member  State 
concerned  shall  within  local  consular  cooperation  inform  the  diplomatic  missions 
and consular posts of other Member States and the Commission delegation why the 
contract is necessary. 

2. 

3. 

4. 

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5. 

In addition to the obligations set out in Article 17 of Directive 95/46/EC, the contract 
shall also contain provisions which: 

(a) 

define the exact responsibilities of the service provider; 

(b) 

require  the  service  provider  to  act  under  the  instructions  of  the  responsible 
Member States and to process the data only for the purposes of processing of 
personal data of visa applications on behalf of the responsible Member States 
in compliance with Directive 95/46; 

(c) 

require  the  service  provider  to  provide  the  applicants  with  the  information 
required under the VIS Regulation; 

(d)  provide for access by consular staff to the premises of the service provider at 

all times; 

(e) 

require  the  service  provider  to  observe  rules  of  confidentiality  (including  the 
protection of the data collected in relation to visa applications; 

(f) 

contain a suspension and termination clause. 

6. 

The  Member  State(s)  concerned  shall  monitor  implementation  of  the  contract, 
including: 

(a) 

the general information provided by the service provider to visa applicants; 

(b) 

the  technical  and  organisational  security  measures  and  appropriate  technical 
and  organizational  measures  to  protect  personal  data  against  accidental  or 
unlawful  destruction  or  accidental  loss,  alteration,  unauthorized  disclosure  or 
access,  in  particular  where  the  processing  involves  the  transmission  of  data 
over a network, and against all other unlawful forms of processing as well as 
the reception and transmission of files and data to the consular post; 

(c) 

the capturing of biometric identifiers; 

(d) 

the measures taken to ensure compliance with data protection provisions. 

The total amount of fees charged by the external service provider for processing the 
visa application shall not exceed the fee set out in Article 16. 

The consular staff of the Member State(s) concerned shall give training to the service 
provider,  corresponding  to  the  knowledge  needed  to  offer  appropriate  service  and 
sufficient information to visa applicants.  

Article 39 

Organisational aspects 

Precise information on the means of obtaining an appointment and submitting a visa 
application shall be displayed by Member States’ diplomatic missions and consular 
posts for the general public. 

7. 

8. 

1. 

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2. 

3. 

1. 

2. 

3. 

4. 

5. 

Irrespective  of  the  type  of  cooperation  chosen,  Member  States  may  decide  to 
maintain  the  possibility  of  allowing  for  applicants’  direct  access  to  lodge  an 
application  for  a  visa  directly  at  the  premises  of  its  diplomatic  mission  or  consular 
posts. Member States shall assure the continuity of reception and processing of visa 
application,  in  the  event  of  sudden  termination  of  cooperation  with  other  Member 
States or any type of external service provider. 

Member  States  shall  inform  the  Commission  of  how  they  intend  to  organise  the 
reception  and  processing  of  visa  applications  in  each  consular  location.  The 
Commission will ensure appropriate publication. 

Member States shall provide the Commission with the contracts they conclude. 

Article 40 

Submission of visa applications by commercial intermediaries 

For  repeated  applications  within  the  meaning  of  Article  11(2),  Member  States  may 
allow  their  diplomatic  missions  or  consular  posts  to  cooperate  with  commercial 
intermediaries (i.e. private administrative agencies, transport or travel agencies (tour 
operators and retailers); hereinafter: “commercial intermediaries”) for the collection 
of applications, supporting documents and the handling fee and the transmission of 
completed  files  to  the  diplomatic  mission  or  consular  post  of  the  Member  State 
competent for the processing of the application. 

Before  granting  accreditation  to  commercial  intermediaries  carrying  out  the  tasks 
described  in  paragraph  1,  Member  States’  diplomatic  missions  and  consular  posts 
shall, in particular, verify the following aspects:  

(a) 

(b) 

(c) 

the current status of the intermediary: current licence, the commercial register, 
contracts with banks; 

existing  contracts  with  commercial  partners  based  in  the  Member  States 
offering accommodation and other package tour services; 

contracts  with  airlines,  which  must  include  outward  and  guaranteed,  fixed 
return journeys. 

Accredited commercial intermediaries shall be monitored constantly by spot checks 
involving personal or telephone interviews with applicants, verification of trips and 
accommodation,  verification  that  the  travel  medical  insurance  provided  is  adequate 
and  covers  individual  travellers,  and  wherever  possible,  verification  of  the 
documents relating to group return. 

Within  local  consular  cooperation,  information  shall  be  exchanged  on  irregularities 
detected,  refusal  of  applications  submitted  by  commercial  intermediaries,  and  on 
detected forms of travel document fraud and failure to effect scheduled trips.  

Within  local  consular  cooperation,  lists  shall  be  exchanged  of  commercial 
intermediaries to which accreditation has been given by each diplomatic mission or 

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consular  post  or  from  which  accreditation  has  been  withdrawn,  together  with  the 
reasons for any such withdrawal.  

Each diplomatic mission or consular post shall make sure that the public is informed 
about the list of accredited intermediaries with which it cooperates. 

Article 41 

Information of the general public 

1. 

Member  States  and  their  diplomatic  missions  or  consular  posts  shall  provide  the 
general public with all relevant information in relation to the application for a visa: 

(a) 

the criteria, conditions and procedures for applying for a visa; 

(b) 

the means of obtaining an appointment, if applicable; 

(c)  where  the  application  should  be  submitted  (competent  diplomatic  mission  or 
consular post, common application centre or external service provider). 

The  representing  Member  State  and  the  represented  Member  State  shall  inform  the 
general  public  about  arrangements  on  representation  as  provided  in  Article  7  three 
months  before  such  arrangements  enter  into  force.  This  information  shall  contain 
details of possible categories  of  applicants who  must  apply  directly  at  a  diplomatic 
mission or consular post of the represented Member.  

The general public as well as the host country’s authorities shall be informed that the 
stamp as provided for by Article 17 has no legal implications. 

The  general  public  shall  be  informed  of  the  time  limits  for  examining  visa 
applications  provided  for  in  Article  20(1).  It  shall  also  be  informed  of  the  third 
countries whose nationals or specific categories of such nationals are subject to prior 
consultation as set out in Annexes I and II. 

The  general  public  shall  be  informed  that  negative  decisions  on  visa  applications 
must be notified to the applicant, that such decisions must state the reasons on which 
they  are  based  and  that  applicants  whose  applications  are  refused  have  a  right  to 
appeal. Information shall be given on the possibilities of appeal, the competent legal 
instance, as well as the time-limit for lodging an appeal.  

The general public shall be informed that mere possession of a visa does not confer 
automatic  right  of  entry  and  that  the  holders  of  visa  may  be  requested  to  present 
supporting documents at the border.  

The  general  public  shall  be  informed  about  the  exchange  rate  applied  by  Member 
State's  diplomatic  missions  and  consular  posts  when  the  handling  fee  is  charged  in 
local currency.  

2. 

3. 

4. 

5. 

6. 

7. 

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TITLE IV: Local Consular Cooperation 

Article 42 

Member States’ diplomatic missions and consular posts’ local consular cooperation 

1. 

In  order  to  ensure  a  harmonised  application  of  the  common  visa  policy  taking  into 
account,  where  appropriate,  local  circumstances,  Member  States’  diplomatic 
missions  and  consular  posts  and  the  Commission  shall  cooperate  within  each 
jurisdiction and assess the need to establish in particular: 

(a) 

(b) 

a  harmonised  list  of  supporting  documents  to  be  submitted  by  applicants, 
taking into account Article 14 and Annex IV; 

common criteria for examining visa applications, in particular in relation to the 
requirement  that  the  applicant  hold  travel  medical  insurance  (including  the 
exemptions and the impossibility to acquire locally appropriate travel medical 
insurance),  the  handling  fee  ,  the  use  of  the  stamp  indicating  that  a  visa  has 
been applied for and matters relating to the application form. 

(c) 

common  criteria  for  treating  the  different  types  of  travel  documents  and  an 
exhaustive list of travel documents issued by the host country, which shall be 
updated regularly. 

(d) 

a  harmonised  approach  in  relation  to  cooperation  with  external  service 
providers and commercial intermediaries.  

If  regarding  one  or  more  of  the  points  (a)  to  (d),  the  assessment  within  the  local 
consular  cooperation  confirms  the  need  for  a  local  harmonised  approach,  measures 
on such a harmonised approach shall be adopted pursuant to the procedure provided 
by Article 46(2).  

2. 

Within local consular cooperation shall be established a common information sheet 
on  short-stay  visa,  transit  and  airport  transit  visas  (the  rights  that  it  implies,  the 
conditions for applying for it). 

3. 

The following information shall be exchanged within local consular cooperation: 

(a)  monthly  statistics  on  short-stay  visas,  visas  with  limited  territorial  validity, 
transit visas and airport transit visas issued, as well as the number of rejected 
visa applications, 

(b) 

information on 

(i) 

the socio-economic structure of the host country; 

(ii) 

sources of information at local level (on social security, health insurance, 
fiscal registers, entry-exit registrations etc.); 

(iii) 

the use of false and falsified documents; 

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(iv) 

illegal immigration routes; 

(v) 

refusals; 

(vi)  cooperation with airline companies; 

(vii)  insurance  companies  providing  adequate  travel  medical  insurance 
(including verification of type of coverage, possible excess amount). 

Local consular cooperation meetings among Member States and Commission to deal 
specifically with operational issues in relation to the application of the common visa 
policy  shall  be  organised  once  a  month.  These  meetings  shall  be  convened  by  the 
Commission,  unless  otherwise  agreed  at  the  request  of  the  Commission  within  the 
jurisdiction. 

Single-topic  meetings  may  be  organised  and  sub-groups  set  up  to  study  specific 
issues within local consular cooperation.  

Summary  reports  of  local  consular  cooperation  meetings  shall  be  drawn  up 
systematically and circulated locally. The Commission may delegate the drawing up 
of  reports  to  a  Member  State.  The  diplomatic  mission  or  consular  post  of  each 
Member State shall forward the reports to their central authorities. 

On  the  basis  of  these  monthly  reports,  the  Commission  shall  draw  up  an  annual 
report within each jurisdiction to be submitted to Council.  

Representatives  of  diplomatic  missions  or  consular  posts  of  Member  States  not 
applying the community acquis in relation to visas, or of third countries, may, on an 
ad hoc bases, be invited to participate in meetings for the exchange of information on 
specific issues relating to the issuance of visa. 

Issues  of  particular  general  interest  or  which  cannot  be  solved  locally  shall  be 
submitted by the Commission to the Council for examination. 

4. 

5. 

6. 

7. 

TITLE V: Final provisions 

Article 43 

Exceptional arrangements 

Member  Stats  hosting  the  Olympic  Games  and  Paralympic  Games  shall  apply  the  specific 
procedures and conditions facilitating the issuance of visa set out in Annex XIII. 

Article 44 

Amendments to the Annexes 

(1) 

Annexes III, IV, V, VI, VIII, IX, X and XI shall be amended in accordance with the 
procedure referred to in Article 46(2). 

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(2)  Without prejudice to Article 47(2) the changes of Annexes I and II shall be decided in 

accordance with the procedure set out in Article 46(2). 

Article 45 

Instructions on the practical application of the Visa Code 

Operational instructions establishing the harmonised practices and procedures to be followed 
by Member States’ diplomatic posts and consular missions when processing visa applications 
shall be drawn up in accordance with the procedure referred to in Article 46(2).  

Article 46 

Committee 

1. 

2. 

The Commission shall be assisted by a committee, hereinafter "the Visa Committee". 

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 
1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8  thereof  and 
provided that the implementing measures adopted in accordance with this procedure 
do not modify the essential provisions of this Regulation. 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be three months. 

3. 

The Visa Committee shall adopt its rules of procedure. 

Article 47 

Notification 

1. 

Member States shall notify the Commission of: 

(a)  Situations of representation referred to in Article 7; 

(b) 

(c) 

the  list  of  third  countries  for  which  information  procedures  referred  to  in 
Article 9(3) are required;  

the additional national entries in the “comments” section of the visa sticker as 
referred to in Article 25(2);  

(d) 

authorities competent for extending visas, referred to in Article 28(3); 

(e) 

the situations of cooperation referred to in Article 37; 

(f) 

statistics  on  all  types  of  visas  issued  every  six  months  (1st  March  and  1st 
September  of  each  calendar  year)  using  the  uniform  table  for  exchanging 
statistics.  

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2. 

1. 

2. 

The  Commission  shall  make  the  information  notified  pursuant  to  paragraph  1 
available  to  the  Member  States  and  the  public  via  a  constantly  updated  electronic 
publication. 

Member States shall also notify the Commission of envisaged changes of the lists of 
third countries for which the prior consultation or information procedures referred to 
in Articles 8 and 9 are required. 

Article 48 

Repeals 

Articles 9 to 17 of the Convention implementing the Schengen Agreement of 14 June 
1985 are replaced.  

The following shall be repealed: 

(a)  The Common Consular Instructions, including the annexes.  

(b)  The  decisions  of  the  Schengen  Executive  Committee  of  14  December  1993 
(SCH/Com-ex  (93)  21),  (SCH/Com-ex  (93)24)  (SCH/Com-ex  (94)  25), 
(SCH/Com-ex (98)12) SCH/Com-ex (98)57. 

(c) 

Joint Action 96/197/JHA of 4 March 1996 adopted by the Council on the basis 
of Article K.3 of the TEU on airport transit arrangements. 

(d)  Regulation (EC) No 789/2001. 

(e)  Regulation (EC) No 1091/2001. 

(f)  Regulation (EC) No 415/2003. 

3. 

References  to  repealed  instruments  shall  be  construed  as  references  to  this 
Regulation and read in accordance with the correlation table in Annex XIV. 

Article 49 

Entry into force 

This Regulation shall enter into force on the twentieth day following that of its publication in 

the Official Journal of the European Union.  

It  shall  apply  6  months  after  that  day  of  its  entry  into  force.  Articles  46  and  47  shall  apply 

from the date of entry into force.  

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This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaty establishing the European Community. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I: LIST OF THIRD COUNTRIES FOR WHICH PRIOR CONSULTATION 
OF MEMBER STATES' OWN CENTRAL AUTHORITES IS REQUESTED, 
PURSUANT TO ARTICLE 8 OF THE COMMUNITY CODE ON VISAS 

Within  the  framework  of  agreements  on  representation  the  central  authorities  of  the 
representing  Member  State  shall  consult  the  authorities  of  the  represented  Member  State, 
pursuant to Article 9(2) of the Community Code on Visas. 

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ANNEX II: LIST OF THIRD COUNTRIES FOR WHICH PRIOR CONSULTATION 
OR INFORMATION OF THE CENTRAL AUTHORITIES OF OTHER MEMBER 
STATES' IS REQUESTED, PURSUANT TO ARTICLE 9 OF THE COMMUNITY 
CODE ON VISAS 

The  indication  (*)  means  that  only  information  on  issued  visas  is  requested,  pursuant  to 
Article 9(3) of the Community Code on Visas 

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ANNEX III: HARMONISED APPLICATION FORM 

Photo 

Application for Schengen Visa 
This application form is free  

Stamp Embassy or 
Consulate 

1. Surname(s) (family name(s)) 

2. Surname(s) at birth (earlier family name(s)) 

3. First names (given names) 

4. Date of birth (year-month-day) 

5. Place and country of birth 

6. Nationality 

FOR EMBASSY/ 
CONSULATE USE ONLY 

Date of application : 

Application submitted at 
□ embassy/consulate 
□ CAC 
□ travel agency 
Name: 

7. Sex  
□ Male □ Female 

8. Marital status :  
□ Single □ Married □ Separated □ Divorced □ Widow(er) 
□ Other 

□ service provider 
Name: 

9. Type of travel document: 
□ Ordinary passport □ Diplomatic passport □ Service/Official passport □ Special passport□ Other travel document 
(please specify): ………………………………………………………………………… ………….… 
10. Number of travel document 

11. Issued by 

12. If you reside in a country other than your country of origin, have you permission to return to that country? 

Valid until 

□ No □ Yes, (number and validity)    ……………….…………………………………………………… 

* 13. Current occupation 

* 14. Employer and employer’s address and telephone number.  For students, name and address of educational 
establishment. 

15. Member State of main destination 

16. Number of entries requested 
□ Single entry □ Two entries □ Multiple entries 

17. Duration of stay or transit 

□ Other 
Name: 

File handled by : 
□ Invitation 
□ Means of transport 
□ Link with other 
application 
□ Other :  

Visa : 
□ Refused 
□ Granted 
□ LTV 
□ A 
□ B 
□ C 
□ D 

*18. Previous visas (issued during the past three years)  

Visa is requested for:  
□ stay , indicate number of days ______   
□ airport transit 

Number of entries : 
□ 1 □ 2 □ Multiple 

19. Entry permit for the final country of destination (in the case of application for a transit or airport transit visa 
Issued by:                                                                                                                 Valid until:       

Valid from ……………….. 
To ………………………… 

* The fields marked with * do not have to be filled in by family members of EU or EEA citizens (spouse, child or dependent 
ascendant).  Family members of EU or EEA citizens have to present documents to prove this relationship and fill in field no XX. 

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20. Purpose of travel 
 Tourism    Business    Visit of family or friends    Cultural        Sports        Official visit     Medical reasons 
 Other (please specify): ….…………………………………………………….. 
* 21. Intended date of arrival 

* 22. Intended date of departure 

FOR EMBASSY / 
CONSULATE USE 
ONLY 

* 23. Name of host in the Member States. If not applicable, give name of hotel or temporary address in the Member States

 Address (and e-mail address) of host 

Telephone(and telefax) 

24. Name and address (and of inviting company/organisation 

Telephone (and telefax) of 
company/organisation  

Name, address,  Telephone (and telefax) (and e-mail address) of contact person in company/organisation:  

* 25. Cost of travelling and living during the applicant’s  stay is covered by the applicant himself/herself  ?  
Other sponsor ?  
Means of support during stay 
Cash   Traveller's cheques  Credit cards  Accommodation  Other: 
……………………… …………………………………. 
* 26. If the cost of travelling and living during the applicant’s  stay is covered by a host/a company/an organisation Means 
of support during your stay 
Cash   Traveller's cheques  Credit cards  Accommodation  Other: 

Proof of invitation, sponsorship and accommodation submitted  ?  
27. Travel and/or health insurance.                                                     ? Not applicable 
Name of insurance company                                                                  No of policy: 

Valid until: ……… 
28. Personal data of the family member who is a EU or EEA citizen  

Name  

Date of birth 

First Name 

Nationality 

Number of passport 

Family relationship with an EU or EEA citizen 
?  spouse 
?  child 
?  dependent ascendant 
29. Applicant’s home address /and e-mail address 

 Telephone number 

30. Place and  date   

31. Signature (for minors, signature of custodian/guardian) 

Statement to be signed in case a multiple entry visa is applied for (cf. field no 16) 

Having presented the proof of being in possession of adequate travel medical insurance for my first stay/transit, I am 
aware of the need to have an adequate travel medical insurance for subsequent visits to the territory of Member States. 

                Signature 

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Statement to be signed by the applicant:  

I am aware of and consent to the following: the taking of my photograph and, if applicable, 
the of finger prints, are mandatory for the examination of the visa application. Any personal 
data concerning me which appear on the visa application form, as well as my fingerprints and 
my  photograph  will  be  supplied  to  the  relevant  authorities  of  the  Member  States  and 
processed by those authorities, for the purposes of a decision on my visa application.  

Such  data  as  well  as  the  decision  taken  on  my  application  or  a  decision  whether  to  annul, 
revoke  or extend a visa issued will be input into, and stored in the VIS for a period of five 
years,  accessible  to  the  authorities  competent  for  carrying  out  checks  on  visas  at  external 
borders  and  within  the  Member  States,  immigration  and  asylum  authorities  in  the  Member 
States for the purposes to verify whether the conditions for the legal entry, stay and residence 
on the territory of the Member States are fulfilled, to identify persons, who do not, or who no 
longer  fulfil  these  conditions,  to  examine  an  asylum  application  and  to  determine  the 
responsibility for such examination. Under certain conditions the data will be also available to 
authorities  responsible  for  the  internal  security  of  the  Member  States.  The  authority 
responsible for processing the data is: [the Ministry of  the Interior/of Foreign Affairs of the 
MS concerned and contact details]. 

At my express request, the consular authority processing my application will inform me of the 
manner in which I may exercise my right to check the personal data concerning me and have 
them  altered  or  deleted,  in  particular,  should  they  be  inaccurate,  in  accordance  with  the 
national law of the state concerned. 

Any I am aware that I have the right to obtain in any of the Member States communication of 
the data related to me recorded in the VIS and of the Member State which transmitted it to it, 
and to request that data relating to me which is inaccurate be corrected and that data recorded 
unlawfully  be  deleted.  At  my  express  request,  the  consular  authority  processing  my 
application  will  inform  me  of  the  manner  in  which  I  may  exercise  my  right  to  check  the 
personal  data  concerning  me  and  have  them  corrected  or  deleted,  including  the  related 
remedies  according  to  the  national  law  of  the  State  concerned.  The  national  supervisory 
authority of this Member State [contact details], which will assist and advise me to exercise 
these rights 

I  declare  that  to  the  best  of  my  knowledge  all  particulars  supplied  by  me  are  correct  and 
complete. I am aware that any false statements will lead to my application being rejected or to 
the annulment of a visa already granted and may also render me liable to prosecution under 
the law of the Member State which deals with the application. 

I undertake to leave the territory of the Member States upon the expiry of the visa, if granted. 
I have been informed that possession of a visa is only one of the prerequisites for entry into 
the European territory of the Member States. The mere fact that a visa has been granted to me 
does  not  mean  that  I  will  be  entitled  to  compensation  if  I  fail  to  comply  with  the  relevant 
provisions  of  Article  5(1)  of  the  Schengen  Borders’  Code  and  am  thus  refused  entry.  The 
prerequisites  for  entry  will  be  checked  again  on  entry  into  the  European  territory  of  the 
Member States. 

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ANNEX IV: NON-EXHAUSTIVE LIST OF SUPPORTING DOCUMENTS 

The supporting documents, referred to in Article 14, to be submitted by visa applicants 
may include the following: 

A. 

DOCUMENTATION RELATED TO THE PURPOSE OF THE JOURNEY 

(1) 

for business trips: 

(i) 

an invitation from a firm or an authority to attend meetings, conferences 
or events connected with trade, industry or work; 

(ii)  other documents which show the existence of trade relations or relations 

for work purposes; 

(iii) entry tickets for fairs and congresses, if appropriate; 

(iv) documents proving the business activities of the company;  

(v)  documents  proving  the  applicants  employment  [status][situation]  in  the 

company. 

(2) 

for journeys undertaken for the purposes of study or other types of training: 

(i) 

a  certificate  of  enrolment  at  a  teaching  institute  for  the  purposes  of 
attending vocational or theoretical courses in the framework of basic and 
further training; 

(ii) 

student card or certificates for the courses attended to; 

(3) 

for journeys undertaken for the purposes of tourism or for private reasons: 

(i) 

documents as regards lodging: 

– 

– 

an invitation from the host if staying with one; 

a document from the establishment providing lodging or any other 
appropriate document indicating the accommodation envisaged; 

(ii)  documents as regards the itinerary: 

– 

confirmation  of  the  booking  of  an  organised  trip  or  any  other 
appropriate document indicating the envisaged travel plans;  

(4) 

for  journeys  undertaken  for  political,  scientific,  cultural,  sports  or  religious 
events or other reasons: 

– 

invitations,  entry  tickets,  enrolments  or  programmes  stating  wherever 
possible the name of the host organisation and the length of stay or any 
other appropriate document indicating the purpose of the visit. 

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B. 

DOCUMENTATION  ALLOWING  FOR  THE  ASSESSMENT  OF  THE 
APPLICANT'S INTENTION OF RETURN 

1) 

2) 

3) 

4) 

5) 

return or roundticket; 

proof of financial means; 

proof of employment: bank statements; 

proof of real estate property;  

proof  of  integration  into  the  country  of  residence:  family  ties; 
professional status. 

C. 

DOCUMENTATION 
SITUATION 

IN  RELATION  TO  THE  APPLICANTS  FAMILY 

1) 

2) 

parental consent (when minor does not travel with parents); 

proof of family ties with the inviting person. 

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ANNEX V: HARMONISED FORM FOR PROOF OF ACCOMMODATION AND/OR 
BEARING OF COSTS 

[Member State]  

Proof of (cid:134) accommodation*  (cid:134)  bearing of costs*  

in accordance with Article 13(1) of the Visas Code 
 for the purpose of inviting a third-country national subject to the visa obligation 

(This form is issued and processed by the competent authority free of charge) 

I, the undersigned 

Surname 
Date of birth 
Nationality 
Identity card no. 
Residence permit no.:  
Date of issue    
Address:  
(cid:134)  Owner 
Occupation: 

(cid:134)  Tenant 

Name  
Place of birth 

Passport no. 

Place of issue 

(cid:134)  declare being able to accommodate* : 

1.  Surname 
Date of birth 
Address   
Relationship to the invitee 
Passport no. 

2.  Surname 
Date of birth    
Address  
Relationship to the invitee 
Passport no.  

Name    
Place of birth   

Nationality 

Name    
Place of birth 

Nationality 

3. From  ……..            

Until ……… 

(cid:134) at my abovementioned address. 

(cid:134) at the following secondary address: 

(cid:134) declare being able to bear living costs and repatriation *    

-  for the person(s) mentioned under*   1. (cid:134)     2. (cid:134) 
-  during the period of stay indicated under 3. 
* Please tick the appropriate box(es) 

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Additional information: 

(cid:134)  the person(s) mentioned *   under 1. (cid:134)     under 2. (cid:134)      subscribe(s) to their own travel 
medical insurance for the duration of stay, as required by Article 12 (1)(b) of the Code on 
Visas. 
(cid:134)  I subscribe to health insurance on their behalf during the period of stay. 

I am aware that the personal data contained in this form is stored and handled by the services 
receiving this form, that it is stored in the Visa Information System (VIS) and made accessible 
to the authorities of the other Member States and I have right to have them altered or deleted, 
in particular, should they be inaccurate. 

I am aware that   [list of national provisions to be added buy the Member State concerned] : 
-  reference to penalties for giving false data;  
-  reference to penalties for facilitating irregular stay.  
-  ….  
- the original the present statement, duly stamped by the competent authority, must be 
presented in original within six months to the consular authorities competent for examining 
the visa application of the person(s) invited   

I declare, on my word of honour, that the information provided above is true  

Read and approved 
                                                                        of………………………………….. 

Witnessed for certification of the signature 

Date and signature of the invitee 

Date……. Stamp of the competent authority 

Documents to be attached: 

- copy the invitee's ID card or of the biodata-page of his/her passport;  
- proof of residence (ex.: property title deeds, rental agreement, electricity/water/gas   
bills; 
- proof of income (salary slip, receipt of pension, official document stating the amount of  
income); 
- if applicable, health insurance policy for the invited person(s)       

This section is for use by the competent authorities only  

(cid:134) Proof of  accommodation 

(cid:134) Proof of bearing of costs 

The accommodation conditions  

(cid:134) have not been  verified  
(cid:134) have been judged compatible with the intended 
invitation  

The level of financial means of the 
invitee 
(cid:134) has not been verified 
(cid:134) has been judged sufficient in 
relation to the applicable reference 
amounts ad the duration of stay of 
the invited person(s)  

Date:                                    Place:  

Stamp of the competent authority:  

EN 

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ANNEX VI: UNIFORM FORMAT OF STAMP INDICATING THAT AN 
APPLICATION FOR A VISA HAS BEEN LODGED 

…25 visa 

…26 

R/ …27 

xx/xx/xxxx28 …….29 

Example :  

C visa  

FR 

R/ IT 

22/04/2006  Consulat de France 

Djibouti 

25 
26 
27 

28 
29 

Code of the visa applied for. 
Code of the Member State processing the application.  
If  applicable,  code  of  the  Member  State  represented  by  the  Member  State  processing  the  visa 
application. 
Date of application (six digits: xx day, xx month, xxxx year) 
Authority processing the visa application  

EN 

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   EN 

 
 
 
 
 
 
 
 
                                                 
ANNEX VII: COMMON LIST OF THIRD COUNTRIES, LISTED IN REGULATION 
(EC) No 539/2001, ANNEX I, WHOSE NATIONALS ARE REQUIRED TO BE IN 
POSSESSION OF AN AIRPORT TRANSIT VISA WHEN PASSING THROUGH THE 
INTERNATIONAL TRANSIT AREA OF AIRPORTS SITUATED IN THE 
TERRITORY OF THE MEMBER STATES  

AFGHANISTAN 

BANGLADESH 

CONGO (Democratic Republic) 

ERITREA  

ETHIOPIA 

GHANA 

IRAN  

IRAQ 

NIGERIA 

PAKISTAN 

SOMALIA 

SRI LANKA 

EN 

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ANNEX VIII: LIST OF THE RESIDENCE PERMITS ENTITLING THEIR 
HOLDERS TO TRANSIT THROUGH THE AIRPORTS OF MEMBER STATES 
WITHOUT REQUIRING AN AIRPORT TRANSIT VISA 

ANDORRA: 

•  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 6 months. This permit is not renewable  

•  Tarjeta de estancia y de trabajo (residence and work permit) (white). This permit is issued 

for 6 months and may be renewed for another year  

•  Tarjeta de estancia (residence permit) (white). This permit is issued for 6 months and may 

be renewed for another year  

•  Tarjeta temporal de residencia (temporary residence permit) (pink). This permit is issued 

for 1 year and may be renewed twice, each time for another year  

•  Tarjeta ordinaria de residencia (ordinary residence permit) (yellow). This permit is issued 

for 3 years and may be renewed for another 3 years  

•  Tarjeta privilegiada de residencia (special residence permit) (green). This permit is issued 

for 5 years and is renewable, each time for another 5 years 

•  Autorización  de  residencia  (residence  authorisation)  (green).  This  permit  is  issued  for 

one year and is renewable, each time for another 3 years  

•  Autorización  temporal  de  residencia  y  de  trabajo  (temporary  residence  and  work 
authorisation)  (pink).  This  permit  is  issued  for  2  years  and  may  be  renewed  for  another 
2 years  

•  Autorización  ordinaria  de  residencia  y  de  trabajo  (ordinary  residence  and  work 

authorisation) (yellow). This permit is issued for 5 years 

•  Autorización  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: 

•  Permanent resident card (plastic card) 

JAPAN: 

•  Re-entry permit to Japan  

MONACO: 

•  Carte de séjour de résident temporaire de Monaco (temporary resident's permit)  

EN 

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   EN 

 
•  Carte de séjour de résident ordinaire de Monaco (ordinary resident's permit) 

•  Carte de séjour de résident privilégié (privileged resident's permit) 

•  Carte de séjour de conjoint de ressortissant monégasque (residence permit for the spouse 

of a Monegasque national) 

SAN MARINO: 

•  Permesso di soggiorno ordinario (validità illimitata) [ordinary residence permit (no expiry 

date)] 

•  Permesso  di  soggiorno  continuativo  speciale  (validità  illimitata)  [special  permanent 

residence permit (no expiry date)] 

•  Carta  d'identità  de  San  Marino  (validità  illimitata)  [San  Marino  identity  card  (no  expiry 

date)] 

UNITED STATES OF AMERICA: 

•  Form I-551 permanent resident card (valid for 2 to 10 years) 

•  Form I-551 Alien registration receipt card (valid for 2 to 10 years) 

•  Form I-551 Alien registration receipt card (no expiry date) 

•  Form I-327 Re-entry document (valid for 2 years – issued to holders of a I-551)  

•  Resident alien card (valid for 2 or 10 years or no expiry date. This document guarantees 

the holder's return only if his or her stay outside the USA has not exceeded one year.) 

•  Permit to re-enter (valid for 2 years. This document guarantees the holder's return only if 

his or her stay outside the USA has not exceeded two years.)  

•  Valid temporary residence stamp in a valid passport (valid for one year from the date of 

issue) 

EN 

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ANNEX IX: STANDARD FORM FOR NOTIFYING AND MOTIVATING REFUSAL 
OF A VISA  

DIPLOMATIC MISSION OR 

CONSULAR POST OF MEMBER STATE  

___________ 

__________________________________________________________________________30 

RREEFFUUSSAALL  OOFF  VVIISSAA,,  

iinn  aaccccoorrddaannccee  wwiitthh  AArrttiiccllee  2233  ooff  tthhee  CCoommmmuunniittyy  CCooddee  oonn  vviissaass  

Dear Mr/Ms _______________________________, 

The ________________ Embassy/Consulate-General/Consulate in ___________________ 
has  [on  behalf  of  (name  of  represented  Member  State)]  examined  your  visa  application 
dated xx Month 200x. The visa has been refused. 

The refusal of your visa is based on one or several of the following reasons (marked with a 
tick) which prevent the issue of a visa: 

a false/counterfeit/forged travel document was submitted  

the purpose and conditions of your stay could not be ascertained 

your intention of return to your country of origin could not be ascertained 

proof of sufficient means of subsistence in relation to the period and form of stay, 

or the means to return to the country of origin or transit, was not provided 

you  have  already  stayed  for  three  months  during  a  6-month  period  on  the 

territory of the Member States 

an alert has been issued for the purposes of refusing entry 

 in the SIS by ………………(indication of Member State)  

 in the national register 

one  or  more  Member  State(s)  consider  you  to  be  a  threat  to  public  policy, 
internal  security,  public  health  or  the  international  relations  of  one  or  more  of  the 
Member States of the European Union (each Member State must indicate the references to 
national legislation relating to such cases of refusal of entry). 

you did not provide sufficient proof of urgency justifying application for a visa at 

the border 

30 

No logo is required for Norway, Iceland and Switzerland. 

EN 

85 

   EN 

 
 
 
 
 
 
 
 
 
                                                 
Date and Stamp of diplomatic mission or consular post 

_________________________ 

Signature of person concerned 

EN 

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ANNEX X: FILLING IN THE VISA STICKER 

I. 

Common entries section  

1.1.  "VALID FOR" heading: 

This heading indicates the territory in which the visa holder is entitled to travel. 

This heading may be completed in one of the following ways only: 

(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):  

A = Austria 
BNL = Belgium, the Netherlands and Luxembourg 
CY=Cyprus 
CZE=the Czech Republic 
D = Germany 
DK= Denmark 
E = Spain 
EST=Estonia 
F= France 
FIN = Finland 
GR = Greece 
H= Hungary 
I = Italy 
L T= Lithuania 
LVA=Lativa 
M=Malta 
P= Portugal 
PL=Poland 
P = Portugal, 
S = Sweden 
SK=Slovakia 
SVN=Slovenia 
IS = Iceland 
N = Norway 

(c)  Member State (using the abbreviations in (b)) which issued the national long-

stay visa  

1.2.  When  the  sticker  is  used  to  issue  the  uniform  short-stay  or  transit  visa  the  heading 
"valid for" is filled in using the words "Schengen States", in the language of the Member State 
which issued the visa. 

1.3.  When  the  sticker  is  used  to  issue  visas  which  restrict  entry,  stay  and  exit  to 
the territory of one Member State, this heading shall be filled in with the name of the Member 
State  to  which  the  visa  holder's  entry,  stay  and  exit  are  limited,  in  the  language  of  that 
Member State. 

EN 

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1.4.  When  the  sticker  is  used  to  issue  visas  with  limited  territorial  validity  pursuant  to 
Article 21(1)(c) of this Regulation, the following options for the codes to be entered may be 
used: 

(a) 

entry of the codes for the Member States concerned; 

(b) 

entry of the words "Schengen States", followed in brackets by the minus sign 
and the codes of the Member States for hose territory the visa is not valid. 

2. 

"FROM ... TO" heading: 

This heading indicates the period of the holder's stay as 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 "FROM": 

–  the day is written using two digits, the first of which is a zero if the day in question is a 

single digit. 

–  horizontal dash. 

–  the month is written using two digits, the first of which is a zero if the month in question is 

a single digit. 

–  horizontal dash. 

–  the year is written using two digits, which correspond with the last two digits of the year. 

–  For example: 05-12-07 = 5 December 2007. 

The date of the last day of the period of the visa holder's authorised stay is entered after the 
word  "TO".  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. 

3. 

"NUMBER OF ENTRIES" heading: 

This heading shows the number of times the visa holder may enter the territory for which the 
visa is valid, i.e. it refers to the number of periods of stay which may be spread over the entire 
period of validity, see 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  "01",  "02"  or  the  abbreviation  "MULT",  where  the  visa 
authorises more than two entries. 

For  a  transit  visa,  only  one  or  two  entries  may  be  authorised  ("01"  or  "02"  is  entered). 
Multiple entries shall be indicated as "MULT".  

The  visa  is  no  longer  valid  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. 

EN 

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   EN 

 
4. 

"DURATION OF VISIT ... DAYS" heading 

This heading indicates the number of days during which the holder may stay in the territory 
for which the visa is valid. This stay may be continuous or, depending on the number of days 
authorised, spread over several periods between the dates mentioned under 2, bearing in mind 
the number of entries authorised under 3. 

The  number  of  days  authorised  is  written  in  the  blank  space  between  "DURATION  OF 
VISIT" and "DAYS", in the form of two digits, the first of which is a zero if the number of 
days is less than 10. 

The maximum number of days that can be entered under this heading is 90 in any half-year.  

When a visa valid for more than six months is issued, the mention of 90 days means 90 days 
within every 6 months.  

5. 

"ISSUED IN ... ON ..." heading 

This  heading  gives  the  name  of  the  town  in  which  the  diplomatic  mission  or  consular  post 
which is issuing the visa is situated. The date of issue is indicated after "ON". 

The date of issue is written in the same way as the date referred to in 2. 

6. 

"PASSPORT NUMBER" heading: 

This heading indicates the number of the travel document to which the visa sticker is affixed.  

In case the person to which the visa is issued is included in the passport of spouse, mother or 
father, the number of the travel document of that person shall be indicated.  

When the applicants' travel document is not recognised by the visa-issuing Member State, the 
uniform format for the separate sheet for affixing visas shall be used for affixing the visa. 

The number to be entered under this heading, in the case of the visa sticker is affixed to the 
separate sheet, is not the passport number but the same typographical number as appears on 
the form, made up of six digits.  

7. 

"TYPE OF VISA" heading: 

In order to facilitate matters for the control authorities, this heading shall specify the type of 
visa using the letters A, B, C and D as follows: 

A: 

B: 

airport transit visa  

transit visa 

LTV B: 

transit visa with limited territorial validity 

C: 

short-stay visa 

LTV C: 

short-stay visa with limited territorial validity 

D: 

long-stay national visa  

EN 

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8. 

"SURNAME AND FIRST NAME" heading: 

The first word in the "surname" box followed by the first word in the "first name" box of the 
visa  holder's  travel  document  shall  be  written  in  that  order.  The  diplomatic  mission  or 
consular post shall verify that the name and first name which appear in the travel document 
and which are to be entered under this heading and in the section to be electronically scanned 
are the same as those appearing in the visa application. 

9. 

Mandatory entries to be added in the "COMMENTS" section 

a) 

Code indicating "No Insurance Required"  

In  case  the  holder  of  the  visa  has  been  exempted  from  the  requirement  of  being  in 
possession of a travel medical insurance, as set out in Article 15, the code "N-INS" 
shall be entered in this section.  

b)  Code  indicating  that  proof  of  accommodation  and/or  bearing  of  costs  by  the 

invitee has been submitted 

In case the applicant has submitted 

–  proof of accommodation, when applying for a visa, the code "Annex IV-H", shall 

be added 

–  proof of bearing of costs, when applying for a visa, the code "Annex IV-G", shall 

be added 

When proof of both has been submitted, the code "Annex IV-H+G" shall be added. 

II. 

National entries in "COMMENTS" section  

This section shall also contain the comments in the language of the visa-issuing Member State 
relating  to  national  provisions.  However,  such  comments  may  not  duplicate  the  mandatory 
comments referred to in part I of this Annex. 

III. 

Section for the photograph 

The  visa-holder's  photograph,  in  colour,  shall  be  integrated  in  the  space  reserved  for  that 
purpose. The following rules shall be observed with respect to the photograph to be integrated 
into the visa sticker.  

The  size  of  the  head  from  chin  to  crown  shall  be  between  70%  and  80%  of  the  vertical 
dimension of the surface of the photograph. 

The minimum resolution requirements shall be: 

– 
– 

300 pixels per inch (ppi), uncompressed, for scanning, 
720 dots per inch (dpi) for colour printing of photos. 

IV.  Machine-readable zone  

This  section 

is  made  up  of 

two 

lines  of  36  characters 

(OCR  B-10  cpi). 

EN 

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ANNEX XI: UNIFORM FORMAT FOR THE STAMP FOR EXTENDING THE 
DURATION OF STAY AUTHORISED BY A VISA 

VISA n°  

 7.3.0631 

3033 

15.3.0632 

3534 

Ausländeramt35 

 20.2.0636 

31 
32 
33 
34 
35 
36 

Date of expiration of the period of validity. 
Length of initial authorised period of stay. 
New date of expiration of the period of validity. 
New length of authorised stay. 
Authority taking the decision on the extension. 
Date of the decision of the extension. 

EN 

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   EN 

 
 
 
                                                 
ANNEX XII Part 1: OPERATIONAL INSTRUCTIONS FOR ISSUING VISAS AT 
THE BORDER TO SEAMEN IN TRANSIT WHO ARE SUBJECT TO VISA 
REQUIREMENTS  

The  objective  of  these  operational  instructions  is  to  provide  rules  for  the  exchange  of 
information between the competent authorities of the Member States applying the Community 
acquis  with  respect  to  seamen  in  transit  subject  to  visa  requirements.  Insofar  as  a  visa  is 
issued at the border on the basis of the information that has been exchanged, the responsibility 
lies with the Member State issuing the visa. 

For the purposes of these operational instructions: 

"Member State port": means a port constituting an external border of a Member State  

"Member State airport": means an airport constituting an external border of a Member State; 
and 

I. 

Signing on a vessel berthed or expected at a Member State port 

(a) 

entry  into  the  Member  States'  territory  via  an  airport  situated  in  another 
Member State  

–  the  shipping  company  or  its  agent  shall  inform  the  competent  authorities  at  the 
Member  State  port  where  the  ship  is  berthed  or  expected  that  seamen  subject  to 
visa  requirements  are  due  to  enter  via  a  Member  State  airport.  The  shipping 
company or its agent shall sign a guarantee in respect of those seamen; 

–  the  said  competent  authorities  shall  verify  as  soon  as  possible  whether  the 
information provided by the shipping company or its agent is correct and examine 
whether the other conditions for entry into the Member State territory have been 
satisfied. The travel route within the Member States' territory shall also be verified 
e.g. by reference to the airline tickets;  

–  the  competent  authorities  at  the  Member  State  port  shall  inform  the  competent 
authorities  at  the  Member  State  airport  of  entry,  by  means  of  a  duly  completed 
form  for  seamen  in  transit  who  are  subject  to  visa  requirements  (as  set  out  in 
Annex XIII, Part 2), sent by fax, electronic mail or other means, of the results of 
the  verification  and  indicate  whether  a  visa  can  in  principle  be  issued  at  the 
border;  

–  where  the  verification  of  the  available  data  is  positive  and  the  outcome  clearly 
concurs with the seaman's declaration or documents, the competent authorities at 
the Member State airport of entry or exit can issue a transit visa at the border with 
a maximum validity of five days. Furthermore, in such cases the seaman's travel 
document  referred  to  above  shall  be  stamped  with  a  Member  State  entry  or  exit 
stamp and given to the seaman concerned.  

(b) 

entry  into  the  Member  States'  territory  via  a  land  or  sea  border  situated  in 
another Member State  

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–  the procedure is the same as that for entry via a Member State airport except that 
the  competent  authorities  at  the  border  post  via  which  the  seaman  concerned 
enters the Member State territory shall be informed.  

II. 

Leaving service from a vessel that has entered a Member State port 

(a) 

exit  from  the  Member  States'  territory  via  an  airport  situated  in  another 
Member State  

–  the  shipping  company  or  its  agent  shall  inform  the  competent  authorities  at  the 
said Member State port of the entry of seamen subject to visa requirements who 
are  due  to  leave  their  service  and  exit  from  the  Member  States'  territory  via  a 
Member State airport. The shipping company or its agent shall sign a guarantee in 
respect of those seamen; 

–  the competent authorities shall verify as soon as possible whether the information 
provided by the shipping company or its agent is correct and examine whether the 
other  conditions  for  entry  into  the  Member  States'  territory  have  been  satisfied. 
The travel route within the Member States' territory shall also be verified e.g. by 
reference to the airline tickets; 

–  where the verification of the available data is positive, the competent authorities 

may issue a transit visa with a maximum validity of five days. 

(b) 

exit  from  the  Member  States'  territory  via  a  land  or  sea  border  situated  in 
another Member State  

–  the procedure is the same as that for exit via a Member State airport. 

Transferring from a vessel that entered a Member State port to a vessel that will sail 

III. 
from a port situated in another Member State  

–  the  shipping  company  or  its  agent  shall  inform  the  competent  authorities  at  the  said 
Member  State  port  of  the  entry  of  seamen  subject  to  visa  requirements  who  are  due  to 
leave  their  service  and  exit  from  the  Member  States'  territory  via  another  Member  State 
port. The shipping company or its agent shall sign a guarantee in respect of those seamen; 

–  the competent authorities shall verify as soon as possible whether the information provided 
by the shipping company or its agent is correct and examine whether the other conditions 
for entry into the Member States' territory have been satisfied. The competent authorities at 
the Member State port from which the seamen will leave the Member States' territory by 
ship  shall  be  contacted  for  the  examination.  A  check  shall  be  carried  out  to  establish 
whether the ship they are joining is berthed or expected there. The travel route within the 
Member States' territory shall also be verified; 

–  where the verification of the available data is positive, the competent authorities may issue 

a transit visa with a maximum validity of five days. 

EN 

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ANNEX XII: Part 2 

FORM 
FOR SEAMEN IN TRANSIT WHO ARE SUBJECT TO VISA REQUIREMENTS 

FOR OFFICIAL USE: 

ISSUER: 

(STAMP) 

SURNAME/CODE OF OFFICIAL: 

DATA ON SEAMAN: 

RECIPIENT: 

AUTHORITY 

SURNAME(S): 
NATIONALITY: 
PLACE OF BIRTH: 
PASSPORT NUMBER: 
DATE OF ISSUE: 
PERIOD OF VALIDITY: 
DATA  ON  VESSEL  AND  SHIPPING 
AGENT: 
NAME OF SHIPPING AGENT: 
NAME OF VESSEL: 
DATE OF ARRIVAL: 
DATE OF DEPARTURE: 
DATA ON MOVEMENT OF SEAMAN: 

1A 
1C 
2A 
3A 
3B 
3C 

6A 
7A 
8A 

FORENAME(S): 
RANK/GRADE: 
DATE OF BIRTH: 
SEAMAN'S BOOK NUMBER: 
DATE OF ISSUE: 
PERIOD OF VALIDITY: 

FLAG: 
ORIGIN OF VESSEL: 
DESTINATION OF VESSEL: 

FINAL DESTINATION OF SEAMAN:  

REASONS 
APPLICATION: 
SIGNING ON(cid:31) 
MEANS 
TRANSPORT 
DATE OF: 

OF 

FOR 

TRANSFER(cid:31) 

LEAVING SERVICE(cid:31) 

CAR (cid:31) 

ARRIVAL: 

TRAIN (cid:31) 

TRANSIT: 

AEROPLANE (cid:31) 

DEPARTURE: 

CAR* (cid:31) 
REGISTRATION Nº : 

TRAIN* (cid:31) 
JOURNEY ROUTE: 

FLIGHT 
INFORMATION: 

DATE: 

TIME: 

FLIGHT NUMBER: 

Formal  declaration  signed  by  the  shipping  agent  or  the  ship-owner  confirming  his  responsibility  for  the  stay  and,  if 
necessary, for the repatriation costs of the seaman. 

* = to be completed only if data available 

1B 
1D 
2B 
4A 
4B 
4C 

5 
6B 
7B 
8B 

9 

10 

11 

12 

13 

EN 

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DETAILED DESCRIPTION OF FORM 

The first four points deal with the identity of the seaman. 

(1) 

(2) 

(3) 

(4) 

A. 
B. 
C. 
D. 

A. 
B. 

A. 
B. 
C. 

A. 
B. 
C. 

Surname(s)37 
Forename(s) 
Nationality 
Rank/Grade 

Place of birth 
Date of birth 

Passport number 
Date of issue 
Period of validity 

Seaman's book number  
Date of issue 
Period of validity 

Points 3 and 4 have been shown separately for clarity since, depending on the nationality of 
the seaman and the Member State being entered, a passport or a seaman's book can be used 
for identification purposes.  

The next four points deal with the shipping agent and the vessel concerned. 

(5) 

(6) 

(7) 

(8) 

Name of shipping agent (the individual or corporation who represents the ship-owner 
on the spot in all matters relating to the ship-owner's duties in fitting out the vessel). 

Name of vessel 
Flag (under which the merchant vessel is sailing) 
Date of arrival of vessel 
Origin (port) of vessel 

A. 
B. 
A. 
B. 
Letter "A" refers to the vessel's date of arrival in the port where the seaman is to sign 
on. 
A. 
B. 

Date of departure of vessel 
Destination of vessel (next port) 

Points  7A  and  8A  give  indications  regarding  the  length  of  time  for  which  the  seaman  may 
travel  in  order  to  sign  on.  It  should  be  remembered  that  the  route  followed  is  very  much 
subject to unexpected interferences and external factors such as storms, breakdowns, etc. 

The next four points clarify the reason for the seaman's journey and his destination. 

(9) 

The "final destination" is the end of the seaman's journey. This may be either the port 
at  which  he  is  to  sign  on  or  the  country  to  which  he  is  heading  if  he  is  leaving 
service. 

(10) 

Reasons for application 

37 

Please give the surname(s) that appear in the passport. 

EN 

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(a) 

(b) 

In the case of signing on, the final destination is the port at which the seaman is 
to sign on. 

In the case of transfer to another vessel within the Member States' territory, it is 
also  the  port  at  which  the  seaman  is  to  sign  on.  Transfer  to  a  vessel  situated 
outside the Member States' territory must be regarded as leaving service. 

(c) 

In the case of leaving service, this can occur for various reasons, such as end of 
contract, accident at work, urgent family reasons, etc. 

(11)  Means of transport 

List of means used within the Member States' territory by the seaman in transit who is subject 
to  a  visa  requirement  to  reach  his  final  destination.  On  the  form,  the  following  three 
possibilities are envisaged: 

(a)  Car (or coach) 

(b)  Train 

(c)  Aeroplane 

(12) 

Date of arrival (on the Member States' territory) 

Applies primarily to a seaman at the first Member State airport or border-crossing point (since 
it  may  not  always  be  an  airport)  at  the  external  border  via  which  he  wishes  to  enter  the 
Member States' territory. 

Date of transit 

This is the date on which the seaman signs off at a port in the Member States' territory and 
heads towards another port also situated in the Member States' territory. 

Date of departure 

This  is  the  date  on  which  the  seaman  signs  off  at  a  port  in  the  Member  States'  territory  to 
transfer to another vessel at a port situated outside the Member States' territory or the date on 
which  the  seaman  signs  off  at  a  port  in  the  Member  States'  territory  to  return  to  his  home 
(outside the Member States' territory). 

After  determining  the  three  means  of  travel,  available  information  should  also  be  provided 
concerning those means: 

(a) 

car, coach: registration 

(b) 

train: name, number, etc. 

(c) 

flight data: date, time, number 

(13) 

Formal  declaration  signed  by  the  shipping  agent  or  the  ship-  owner  confirming  his 
responsibility for the stay and, if necessary, for the repatriation costs of the seaman 

If the seamen are travelling in a group, each one has to fill in the data for points 1A to 4C. 

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ANNEX XIII: SPECIFIC PROCEDURES AND CONDITIONS FACILITATING THE 
ISSUANCE OF VISAS TO MEMBER OF THE OLYMPIC FAMILY 
PARTICIPATING IN THE OLYMPIC GAMES AND PARLYMPIC GAMES  

Chapter I 

PURPOSE AND DEFINITIONS 

Article 1 

Purpose 

The  following  specific  procedures  and  conditions  facilitating  the  application  for  visas  and 
issuing  of  uniform  short-stay  visas  to  members  of  the  Olympic  family  for  the  duration  of 
the[year] Olympic and Paralympic Games. 

In  addition,  the  relevant  provisions  of  the  Community  acquis  concerning  procedures  for 
applying for and issuing the uniform visa apply. 

Article 2 

Definitions 

For the purposes of this Regulation: 

1) 

2) 

3) 

"Responsible  organisations"  relating  to  measures  envisaged  to  facilitate  the 
procedures  for  applying  for  and  issuing  visas  for  members  of  the  Olympic  family 
taking  part  in  the [year]  Olympic  and/or  Paralympic  Games  means  the  official 
organisations, in terms of the Olympic Charter, which are entitled to submit lists of 
members of the Olympic family to the Organising Committee of the [year] Olympic 
and  Paralympic  r  Games  with  a  view  to  the  issue  of  accreditation  cards  for  the 
Games; 

"Member  of  the  Olympic  family"  means  any  person  who  is  a  member  of  the 
International  Olympic  Committee, 
the  International  Paralympic  Committee, 
International  Federations,  the  National  Olympic  and  Paralympic  Committees,  the 
Organising Committees of the Olympic Games and the national associations, such as 
athletes,  judges/referees,  coaches  and  other  sports  technicians,  medical  personnel 
attached  to  teams  or  individual  sportsmen/women  and  media-accredited  journalists, 
senior executives, donors, sponsors or other official invitees, who agree to be guided 
by  the  Olympic  Charter,  act  under  the  control  and  supreme  authority  of  the 
International  Olympic  Committee,  are  included  on  the  lists  of  the  responsible 
organisations and are accredited by the Organising Committee of the [year] Olympic 
and  Paralympic  Games  as  participants  in  the  [year]  Olympics  and/or  Paralympic 
Games; 

"Olympic  accreditation  cards"  issued  by  the  Organising  Committee  of  the  [year] 
Olympic  and  Paralympic  Games,  in  accordance  with  [reference  to  national 
legislation]  means  one  of  two  secure  documents,  one  for  the  Olympic  Games  and 
one for the Paralympic Games, each bearing a photograph of its holder, establishing 
the  identity  of  the  member  of  the  Olympic  family  and  authorising  access  to  the 

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facilities at which competitions are held and to other events scheduled throughout the 
duration of the Games; 

4) 

5) 

6) 

"Duration of the Olympic Games and Paralympic Games" means the period from …. 
To ….. for the [year] Winter Olympic Games and the period from ….. to ….. for the 
[year] Paralympic Games; 

"Organising Committee of the [year] Olympic and Paralympic r Games" means the 
Committee  set  up  on  [reference  to  national  provisions]  to  organise  the  [year] 
Olympic and Paralympic Games in…. , which decides on accreditation of members 
of the Olympic family taking part in those Games; 

"Services  responsible  for  issuing  visas"  means  the  services  designated  in  [the 
Member  State  hosting  the  Olympic  Games  and  Paralympic  Games]  to  examine 
applications and issue visas to members of the Olympic family. 

Chapter II 

ISSUE OF VISAS 

Article 3 

Conditions  

A visa may be issued pursuant to this Regulation only where the person concerned: 

(a) 

(b) 

(c) 

(d) 

1. 

has  been  designated  by  one  of  the  responsible  organisations  and  accredited  by  the 
Organising Committee of the [year] Olympic and Paralympic Games as a participant 
in the [year] Olympic and/or Paralympic Games; 

holds  a  valid  travel  document  authorising  the  crossing  of  the  external  borders,  as 
referred to in Article 5 of the Schengen Borders Code38; 

is not a person for whom an alert has been issued for the purposes of refusing entry; 

is not considered to be a threat to public policy, national security or the international 
relations of any of the Member States. 

Article 4 

Filing of the application 

Where a responsible organisation draws up a list of the persons selected to take part 
in  the [year]  Olympic  and/or  Paralympic  Games,  it  may,  together  with  the 
application  for  an  Olympic  accreditation  card  for  the  persons  selected,  file  a 
collective application for visas for those persons selected who are required to be in 
possession of a visa in accordance with Regulation (EC) No 539/2001, except where 
those  persons  hold  a  residence  permit  issued  by  a  Member  State,  or  a  residence 

38 

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2. 

3. 

4. 

1. 

2. 

3. 

1. 

2. 

permit,  issued  by  United  Kingdom  or  Ireland,  in  accordance  with  Directive 
2004/38/EC. 

Collective applications for visas for the persons concerned shall be forwarded at the 
same  time  as  applications  for  the  issue  of  an  Olympic  accreditation  card  to  the 
Organising Committee of the [year] Olympic and Paralympic Games in accordance 
with the procedure established by it. 

A single visa application per person shall be filed for persons taking part in the [year] 
Olympic and/or Paralympic Games. 

The  Organising  Committee  of  the  [year]  Olympic  and  Paralympic  Games  shall 
forward to the services responsible for issuing visas, collective applications for visas 
as  quickly  as  possible,  together  with  copies  of  applications  for  the  issue  of  an 
Olympic  accreditation  card  for  the  persons  concerned,  bearing  their  full  name, 
nationality, sex and date and place of birth and the number, type and expiry date of 
their passport. 

Article 5 

Examination of the collective application for visas and type of the visa issued  

The  visa  shall  be  issued  by  the  services  responsible  for  issuing  visas  following  an 
examination designed to ensure that the conditions set out in Article 3 are met.  

The visa issued shall be a uniform short-stay, multiple entry visa authorising a stay of 
not more than 3 months for the duration of the [year] Olympics and/or Paralympic 
Games. 

Where the member of the Olympic family concerned does not meet the conditions set 
out  in  point  (c)  or  (d)  of  Article  3,  the  services  responsible  for  issuing  visas  may 
issue a visa with limited territorial validity in accordance with Article of the Code on 
Visas. 

Article 6 

Form of the visa 

The  visa  shall  take  the  form  of  two  numbers  entered  on  the  Olympic  accreditation 
card. The first number shall be the visa number. In the case of a uniform visa, that 
number shall be made up of seven (7) characters comprising six (6) digits preceded 
by  the  letter  "C".  In  the  case  of  a  visa  with  limited  territorial  validity,  that  number 
shall  be  made  up  of  eight  (8)  characters  comprising  six  (6)  digits  preceded  by  the 
letters  "IT".  The  second  number  shall  be  the  number  of  the  passport  of  the  person 
concerned. 

The  services  responsible  for  issuing  visas  shall  forward  the  visa  numbers  to  the 
Organising  Committee  of  the  [year]  Olympic  and  Paralympic  Games  for  the 
purposes of issuing accreditation cards.  

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Article 7 

Waiver of fees  

The processing of visa applications and the issue of visas shall not give rise to any fees being 
charged by the services responsible for issuing visas. 

Chapter III 

GENERAL AND FINAL PROVISIONS 

Article 8 

Cancellation of a visa 

Where the list of persons put forward as participants in the [year] Olympic and/or Paralympic 
Games  is  amended  before  the  Games  begin,  the  responsible  organisations  shall  inform 
without  any  delay  the  Organising  Committee  of  the  [year]  Olympic  and  Paralympic  Games 
thereof so that the accreditation cards of the persons removed from the list may be revoked. 
The Organising Committee shall notify the services responsible for issuing visas thereof and 
shall inform them of the numbers of the visas in question. 

The  services  responsible  for  issuing  visas  shall  cancel  the  visas  of  the  persons  concerned. 
They shall immediately inform the authorities responsible for border checks thereof, and the 
latter  shall  without  delay  forward  that  information  to  the  competent  authorities  of  the  other 
Member States. 

Article 9 

External border checks 

1. 

The  entry  checks  carried  out  on  members  of  the  Olympic  family  who  have  been 
issued visas in accordance with this Regulation shall, when such members cross the 
external borders of the Member States, be limited to checking compliance with the 
conditions set out in Article 3. 

2. 

For the duration of the Olympic and/or Paralympic Games: 

(a) 

entry and exit stamps shall be affixed to the first free page of the passport of 
those  members  of  the  Olympic  family  for  whom  it  is  necessary  to  affix  such 
stamps in accordance with Article 10(1) of the Schengen Borders Code . Upon 
first entry, the visa number shall be indicated on that same page; 

(b) 

the  conditions  for  entry  provided  in  Article  5(1)(c)  of  the  Schengen  Borders 
Code shall be presumed to be fulfilled once a member of the Olympic family 
has been duly accredited. 

3. 

Paragraph  2  shall  apply  to  members  of  the  Olympic  family  who  are  third-country 
nationals, whether or not  they are subject to the visa requirement under Regulation 
(EC) No 539/2001. 

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ANNEX XIV: CORRELATION TABLE 

Provision of this Regulation  

Provision  of 
the  Schengen  Convention 
(CSA), Common Consular Instruction (CCI) 
or  of  the  Schengen  Executive  Committee 
(SCH/Com-ex) replaced 

Title I 

General provisions 

CCI, I.1. Scope (CSA Articles 9 and 10) 

CCI:  I.  2.  Definitions  and  types  of  visas 
(p.10) 

CCI: Part IV “Legal basis”  

CSA: Articles 11(2), 14(1), 15, 16 

Joint  Action  96/197/JHA  (L  63/1996),  CCI 
2.1.1 

Article 1  

Objective and scope 

Article 2 Definitions  

(1)-(4) 

Article 2(5)  

Airport transit visa 

Article 2(6), (7) and (8) 

Recognised travel document 

Visa sticker 

Separate sheet for affixing a visa  

Regulation 333/2002, Article 1 (1) 

Title II  

Receipt and processing of the visa application 

Chapter I  

Authorities taking part in the processing of visa applications 

Article 3  

CCI, II 1.1(a) (b) & II. 4. Annex 6=deleted 

Authorities  competent  for  processing  visa 
applications 

CSA, Art. 12(1)(2) 

Article 4  

CCI, II, 1.1 & 3 

Territorial competence 

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Provision of this Regulation  

the  Schengen  Convention 
Provision  of 
(CSA), Common Consular Instruction (CCI) 
or  of  the  Schengen  Executive  Committee 
(SCH/Com-ex) replaced 

Article 5  

CCI, II 1.1(a) (b) & II. 4. Annex 6=deleted 

Criteria  for  determining  the  Member  State 
visa 
responsible 
application 

processing 

the 

for 

CSA, Art. 12(1)(2) 

Article 6(1) 

- 

Competence in relation to issuance of visas to 
3rd  country  nationals  legally  present  within  a 
Member State’s territory 

Article 6(2)  

Council Decision of 30 November 1994 on a 
joint  action  adopted  by  the  Council  on  the 
basis  of  Article  K.3(2)(b)  of  the  Treaty  on 
European  Union  concerning  travel  facilities 
for school pupils from third countries resident 
in a Member State 

Article 7  

CCI, II, 1.2 

Agreements on representation 

Articles 8  

CCI, II, 2.1 

Prior consultation of the Member State’s own 
central authorities  

Article 9  

CCI, II, 2.3 & V, 2.3(a)-(d) 

Prior consultation of the central authorities of 
other Member States 

Article 10  

Submission of an application 

Article 11  

Capturing of biometric data 

EN 

Chapter II  

The application 

- 

- 

102 

   EN 

 
 
 
Provision of this Regulation  

the  Schengen  Convention 
Provision  of 
(CSA), Common Consular Instruction (CCI) 
or  of  the  Schengen  Executive  Committee 
(SCH/Com-ex) replaced 

Article 12  

- 

Admissibility of an application 

Article 13  

The application form  

CCI, III .1  

Article 14  

CCI, III.2 and V. 1.4 

Supporting documents 

Article 15  

CCI, V, 1.4  

Travel medical insurance  

Article 16  

The handling fee 

Article 17  

CCI VII, 4. and Annex 12 

Part VIII, 2  

Stamp indicating that an application has been 
lodged  

Chapter III 

Examination and processing of visa applications 

Article 18  

CCI, III .4, V.1, CSA 13(2) 

Examination of the application 

Article 19  

Inadmissibility 

Article 20  

Decision on the visa application 

Article 21  

Visas with limited territorial validity 

- 

CCI, V. 2.1 (2nd indent), 2.2, CCI  

CCI, V, 3 & Annex 14, CSA 11(2), 14(1) & 
16 

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103 

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Provision of this Regulation  

Article 22  

Airport Transit Visa 

Article 23  

Refusal to issue a visa 

the  Schengen  Convention 
Provision  of 
(CSA), Common Consular Instruction (CCI) 
or  of  the  Schengen  Executive  Committee 
(SCH/Com-ex) replaced 

CCI,  I,  2.1.1  –  Joint  Action  96/197/JHA  (L 
63/1996) 

CCI, 2.4, 

Article 24 (& Annex X) 

CCI, VI; 1-2-3-4 

Filling in the visa sticker 

Article 25  

CCI, VI, 5.2 

Invalidating completed stickers 

Article 26  

Affixing visa stickers 

CCI, VI, 5.3 

Article 27 Uniform format for separate sheet 
for affixing visa 

Regulation (EC) No 333/2002  

Chapter IV 

Modifying the period of validity of an issued visa 

Com-ex (93) 21  

Com-ex (93) 24 and Annex 14 to the CCI 

Article 28  

Extension of visas 

Article 29  

Annulment of a visa 

Article 30  

Revocation of a visa  

Article 31  

Shortening  of  the  length  of  duration  of  stay 
authorised by a visa 

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Provision of this Regulation  

Provision  of  the  Schengen  Convention 
(CSA),  Common  Consular  Instruction 
(CCI)  or  of 
the  Schengen  Executive 
Committee (SCH/Com-ex) replaced 

Chapter V 

Visas issued at the external borders 

Article 32  

Regulation (EC) No 415/2003 

Visas issued at the external border 

Article 33  

Visas  issued  to  seafarers  in  transit  at  the 
external border  

Title III 

Administrative management and organisation 

Article 34  

CCI , VII, 1-2-3 

Organisation of visa sections 

Article 35  

Resources  for  processing  visa  applications 
and  monitoring  of  diplomatic  missions  and 
consular posts 

Article 36  

Conduct of processing 

Article 37 

- 

- 

- 

Forms  of  cooperation  in  relation  to  the 
reception of visa applications  

Article 38  

CCI, VIII, 5.2  

Cooperation with commercial intermediaries 

Article 39  

Information to the general public 

EN 

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Provision of this Regulation  

the  Schengen  Convention 
Provision  of 
(CSA), Common Consular Instruction (CCI) 
or  of  the  Schengen  Executive  Committee 
(SCH/Com-ex) replaced 

Title IV 

Local consular cooperation 

Article 40  

CCI, VIII, 1-3-4  

Member  States’  diplomatic  missions  and 
consular posts’ local consular cooperation 

Title V 

Final provisions 

Article 41  

- 

Exceptional arrangements 

Articles 42  

Article 43 

Regulation (EC) No 789/2001 

- 

Articles 44 and 45 Committee 

Regulation (EC) No 789/2001, Article 1 

Regulation (EC) No 333/2002, Article 6 

Article 46 Notification 

Regulation (EC) No 789/2001, Article 2 

Article 46(1)(f) 

SCH Com-ex (94) 25 and (98) 12 

Article 47 Amendment of the VIS Regulation 

Article 48 Repeals 

Article 49 Entry into force 

- 

- 

- 

ANNEXES 

Annex I 

CCI Annex 5 A and C  

Prior consultation of own central authorities 

Annex II 

CCI Annex 5 B 

Prior  consultation  or  information  of  central 
authorities of central authorities of other MS 

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Provision of this Regulation  

Annex III  

Harmonised application form 
Annex IV  

Provision  of 
the  Schengen  Convention 
(CSA), Common Consular Instruction (CCI) 
or  of  the  Schengen  Executive  Committee 
(SCH/Com-ex) replaced 
CCI, Annex 16 

Partially CCI, V, 1.4 

Non-exhaustive list of supporting documents 

Annex V  

CCI, Annex 15 

Harmonised form for proof of sponsorship 

Com-ex (98) 57 

Annex VI  

CCI, VIII, 2 

Uniform  format  of  stamp  indicating  that  an 
application has been lodged 

Annex  VII  common  list  of  third  countries, 
in 
whose  nationals  are  required 
possession of an airport transit visa  

to  be 

Annex  VIII  :  list  of  the  residence  permits 
entitling  their  holders  to  transit  through  the 
airports  of  member  states  without  requiring 
an airport transit visa 

CCI, Annex 3, Part I 

CCI, Annex 3, Part III 

Annex IX 

- 

Harmonised form for motivation of refusal 

Annex X  

CCI, Part VI, Section 1-4 

Filling in the visa sticker 

Annex XI  

Partially Com-ex (93) 21 

Uniform  format  for  the  stamp  for  extending 
the duration of the stay 

Annex XII 
Part  1:  Operational  instructions  for  issuing 
visas at the border to seamen in transit  
Part  2:  form  to  be  filled  in  for  seamen  in 
transit 

Regulation (EC) No 415/2003, Annex I and II

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