REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on the functioning of Local Schengen Cooperation during the first two years of implementation of the Visa Code
Date: 2012-11-07
Institutions: European Commission
Subjects: Commission Delegation, EU visa policy, Schengen Information System, consulate, interinstitutional cooperation (EU)

EUROPEAN 
COMMISSION 

Brussels, 7.11.2012  
COM(2012) 648 final 

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN 
PARLIAMENT 

on the functioning of Local Schengen Cooperation during the first two years of 
implementation of the Visa Code 

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REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN 
PARLIAMENT 

on the functioning of Local Schengen Cooperation during the first two years of 
implementation of the Visa Code 

I. 

INTRODUCTION 

In  its  Communication  on  the  Global  Approach  to  Migration  and  Mobility1  of  18  November 
2011,  the  Commission  emphasised  that  promoting  and  facilitating  mobility  is  a  strategic 
element of EU external migration policy. It applies to a wide range of people, e.g. short-term 
visitors, tourists, students, researchers, business people and visiting family members. Mobility 
is therefore an important dimension of the EU’s Global Approach. Mobility and visa policy 
are  closely  inter-linked.  Around  12  million  short-stay  visas  were  issued  by  Member  States 
issuing  ‘Schengen  visas’  in  2011.  Visa  policy  is  a  crucial  element  of  any  forward-looking 
policy on mobility. 

As  part  of  its  response  to  historical  developments  in  the  Southern  Mediterranean,  the 
European Commission proposed in its Communication of 24 May 2011 to launch a Dialogue 
on  Migration,  Mobility  and  Security  with  the  Southern  Mediterranean  countries.  This  could 
lead to the establishment of Mobility Partnerships with Egypt, Morocco, Tunisia and Libya. 
The  Council  has,  in  different  formations,  including  the  European  Council  of  24  June  2011, 
endorsed this approach. The recommendations of this report should also take account of these 
developments.  

This  report  primarily  addresses  the  implementation  of  local  Schengen  cooperation  and  sets 
out recommendations for enhancing and improving this cooperation. Additionally, it contains 
recommendations focusing on certain regional aspects such as consular coverage which links 
in with some of the priorities proposed in the Global Approach Communication. 

II. 

LOCAL SCHENGEN COOPERATION — GENERAL OBSERVATIONS 

Regulation  (EC)  810/2009  of  the  European  Parliament  and  of  the  Council  of  13  July  2009 
establishing a  Community Code on Visas (Visa Code)2 entered  into  force on 5.10.2009 and 
became  applicable  from  5.4.2010.  The  Visa  Code  recasts  the  existing  legislation  on 
procedures and conditions for issuing short-stay visas (i.e. visas for short stays not exceeding 
90 days in any 180 day period, and airport transit visas). Under Article 51 of the Visa Code, 
‘instructions on the practical application of the Visa Code’ have been drawn up: Commission 
Decision (2010) 1620 final establishing the Handbook on the processing of visa applications 
and the modification of issued visas addressed to consular staff processing visa applications 
was  adopted  on  19.3.20103  and  Commission  Decision  (2010)3667  final  establishing  the 
Handbook for the organisation of visa sections and local Schengen cooperation, addressed to 

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COM(2011) 743 final 
OJ L 243, 15.9.2009, p 1. 
C(2010) 1620 final — amended by C (2011) 5501 final (4.8.2011). 

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the authorities in charge of organising consular services and those involved in local Schengen 
cooperation was adopted in June 2010.4 

The  provisions  of  the  Visa  Code  are  applied  universally  by  Member  States’  consulates5. 
However,  given  the  differences  in  local  circumstances,  legislators  have  acknowledged  the 
need to ensure coherent cooperation among Member States and the Commission at local level 
so that there is harmonised application of general legal provisions taking local circumstances 
into  account:  ‘Local  Schengen  cooperation  is  crucial  for  harmonised  application  of  the 
common  visa  policy  and  for  proper  assessment  of  migratory  and/or  security  risks.  Given 
differences  in  local  circumstances,  the  operational  application  of  particular  legislative 
provisions should be assessed among Member States’ diplomatic missions and consular posts 
in individual locations in order to ensure harmonised application of the legislative provisions 
to prevent 'visa shopping' and different treatment of visa applicants’ (Recital 18 of the Visa 
Code).  

‘Local  circumstances’  relate  to  aspects  such  as  documentary  proof  of,  for  instance, 
employment, depending  on the  administrative  and legal  organisation of the  host  country; or 
the  specificities  of  different  categories  of  applicants  in  a  given  third  country,  e.g.  from  the 
point of view of migratory pressure. 

Article  48  of  the  Visa  Code  sets  out  the  legal  framework  for  local  Schengen  cooperation 
(LSC), as well as the division of tasks. These tasks mainly concern the assessment of the need 
to  harmonise  lists  of  supporting  documents  to  be  submitted  by  visa  applicants  in  a  given 
country,  common  criteria  for  the  implementation  of  optional  visa  fee  waivers  for  certain 
categories of applicants, consistency of information provided to visa applicants and exchange 
of relevant information among the Member State consulates present in a given location. 

LSC is a collective task to be shared among Member States’ consulates and the Commission, 
in principle via EU Delegations. In March 2010, the Commission Services invited all Heads 
of  EU  Delegations  to  designate  a  contact  point  from  among  their  members  of  staff  to 
coordinate LSC. 

The role of the Commission is to convene LSC meetings and ensure that consistent reports of 
meetings are drawn up. The Commission is also in charge of drawing up annual reports within 
each jurisdiction. 

The coordination of LSC is not equally challenging in all locations: it depends, among other 
things, on the number of Member States present, whether there are consulates issuing visas in 
locations other than the capital, and whether nationals of the host country require visas.  

Attention  is  also  drawn  to  the  fact  that  in  22  third  states,6  there  are  no  Member  State 
consulates, meaning that LSC is irrelevant; and in 31 locations there are no EU Delegations, 
meaning that the Commission has no information on the state of affairs on LSC. 

Under the Visa Code (Art. 48(5) second sub-paragraph), an annual report has to be drawn up 
in each jurisdiction, to be submitted to the European Parliament and the Council. Because of 

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C(2010) 3667 final. 
For the sake of simplicity, the term ‘consulates’ is used throughout this text to cover Member States’ 
diplomatic missions and consular posts. 
17  of  these  are  third  countries  whose  nationals  are  subject  to  the  visa  requirement  and  5  are  third 
countries whose nationals are not subject to the visa requirement. 

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the essential role of  LSC in the  harmonised implementation of the common visa policy and 
experience  so  far,  this  report  aims  to  assess  the  functioning  of  LSC  since  the  start  of 
application of the Visa Code and to give guidance on improving it, pending evaluations to be 
submitted by the Commission in 2013 and 2014 as provided for by Article 57 of the Code. 

- 

Methodology 

Template of the annual report to be provided within each jurisdiction was sent to all EUDs in 
March 2011 and 2012 respectively, listing the key issues to be covered. The reports were to 
cover the period April 2010 to March 2011 and April 2011 to March 2012. In 2011, 70 reports 
have been submitted and by July 2012 71 had been submitted. This left about 50 unsubmitted 
for each reporting period, for different reasons No LSC contact point has been appointed or 
the  contact  point  does  not  actively  participate  in  the  LSC  (approximately  30  EUDs); 
cooperation according to the Visa Code does not take place because only one or two Member 
States are present for issuing visas in the location (27 locations), or because nationals of the 
host  state  are  not  subject  to  visa  requirements  and  very  few  visas  are  issued,  and  no 
cooperation among Member States takes place.  

III. 

ASSESSMENT OF THE FUNCTIONING OF LSC 

1. 

Start of application of the new legal framework for LSC 

The  coordinating  role  of  the  Commission  for  LSC  is  exercised  via  the  EUD.  Once  LSC 
contact points had been designated, they received a basic set of FAQs on the Visa Code, LSC 
and the tasks to be carried out. LSC contact points have access to the Visa Code Handbooks 
and  other  essential  information  on  CIRCA.7  The  Visa  Policy  unit  of  DG  HOME  provides 
information  on  work  in  relevant  bodies  in  the  Commission,  the  EP  and  Council  as  well  as 
serving as a ‘helpdesk’ giving direct and operational support to EUDs.  

Generally,  LSC  contact  points  deplore  the  lack  of  structured  training  on  the  Visa  Code  in 
particular and on the common visa policy in general. This should, of course, be addressed in 
future. 

During the reference period, staff from DG HOME have given general presentations for staff 
to be posted abroad in the framework of seminars organised by DG RELEX, later EEAS. 

Moreover,  it  became  apparent  from  the  assessment  that  Member  States’  consulates  had  not 
been made sufficiently aware of the new legal framework and some claimed that instructions 
from  their  central  authorities  would  be  required  before  assessment  of  the  need  for 
harmonisation at local level could be carried out or annual reports drawn up. 

2. 

LSC meetings 

Generally,  meetings  are  held  every  two  months,  more  frequently  if  required.  Meetings  are 
currently  either  chaired  by  the  EUD  or  co-chaired  by  the  EUD  and  the  rotating  Presidency. 
Only in a few jurisdictions does a Member State chair on its own if an LSC contact point has 

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CIRCA: Communication Information Resource Centre Administrator, a web-based application for the 
exchange of information.  

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been appointed,. Such sharing of the tasks or delegation of tasks is provided for in the Visa 
Code (Art. 48(4)). 

Attendance at meetings seems fairly good and the continuity ensured by the involvement of 
EUDs seems appreciated. Despite the provisions of the Visa Code (i.e. Article 48 (6) and the 
guidelines  set  out  in  the  second  Handbook,  Part  II,  point  4.2),  representatives  of  Member 
States  not  applying  the  common  visa  policy  are  systematically  invited  to  meetings.  On  the 
other hand, it is not clear whether the obligation to systematically also invite associated states 
and the three Member States that do not yet apply the common visa policy is fully respected 
in all jurisdictions. 

Common reports are drawn up, but often lack operational conclusions, meaning that there is 
no follow up to the issues raised. Most LSC contact points systematically forward the reports 
to the Commission and work on the assumption that Member States’ consulates also forward 
them to their respective central authorities, as stipulated in the Visa Code (Art. 48 (5)). They 
are  not  always  forwarded  to  Member  States,  which  is  unfortunate,  as  this  means  that  they 
either do not receive information on conclusions drawn or issues raised, or that they receive a 
version  different  to  that  shared  locally  and  with  the  Commission.  Therefore,  knowledge  of 
how the Visa Code is actually implemented remains very scattered and complaints from third 
countries cannot be properly assessed. 

3. 

Concrete operational tasks to be carried out under LSC 

3.1. 

Assessment of the need to harmonise the lists of supporting documents 

At  this  initial  stage  of  the  implementation  of  the  Visa  Code,  work  on  establishing  lists  of 
supporting  documents  is  one  of  the  most  important  tasks  of  the  LSC  and  it  has  the  most 
visible impact on visa applicants and local authorities. However, by July 2012 (i.e.more than 
2 years after the start of application of the Code), only five Commission Decisions covering 
seven  LSCs  have  been  adopted  (Bosnia-Herzegovina,  China,  Indonesia,  Saudi  Arabia,  Sri 
Lanka, Turkey, Vietnam, Egypt, United Kingdom, Chile Kazakhstan, Nicaragua and Nigeria) 
and work has progressed in another 18 LSCs around the world. There are various reasons for 
the  lack  of  progress:  reluctance  on  the  part  of  Member  States  at  local  level,  seemingly 
unaware of the legal obligation to carry out this assessment; lack of awareness by consulates 
of  certain  Member  States  regarding  application  of  a  common  visa  policy;  presence  of  only 
one or two Member States, obviously rendering harmonisation less relevant; nationals of the 
host  state  not  subject  to  the  visa  requirement,  so  harmonisation  is  considered  unnecessary. 
There is one common denominator for most of the 30 LSCs that have accomplished this task: 
in these locations, the EUD has invested considerable resources in coordinating the work in 
close cooperation with Member States’ consulates. 

3.2. 

Exchange of information on optional visa fee waivers and assessment of the need for 
common criteria 

According  to  Article  16  (5),  Member  States  may  waive  the  visa  fee  for  three  specific 
categories  of  persons.8  To  ensure  harmonised  application  of  the  optional  visa  fee  waivers 
within the same jurisdiction to avoid unequal treatment of applicants and ‘visa shopping’, the 
following  provision  was  added  (Article  16  (5)  last  paragraph):  ‘within  local  Schengen 

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Children  aged 6  -12  years; holders  of  diplomatic  and  service  passports; participants  aged  25  years  or 
less in events organised by non-profit organisations. . 

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cooperation,  Members  States  shall  aim  to  harmonise  the  application  of  these  exemptions.’ 
According to Article 48 (1) ‘To that end LSC will assess the need to establish in particular:’ 
…. ‘(b)  ‘common  criteria for examining  applications in relation to exemptions from paying 
the visa fee in accordance with Article 16 (5)’. 

This assessment has been carried out in most locations and it is too early to evaluate the extent 
to  which  differences  in  Member  States’  application  of  these  provisions  may  lead  to  ‘visa 
shopping’.  But  even  if  in  a  given  location  Member  States’  consulates  agree  that  such 
harmonisation  would  be  desirable,  this  cannot  be  put  into  practice,  as  optional  visa  fee 
waivers in some Member States are decided at central level. This issue should be addressed in 
future. 

3.3. 

Exchange of information on the visa fee charged in local currency and assessment of 
the need for harmonisation 

According to Article 16 (7), second paragraph, ‘the amount of the visa fee, when charged in a 
currency other than euro,…shall be determined and regularly reviewed in application of the 
euro foreign exchange reference rate set by the European Central Bank (ECB). The amount 
charged  may  be  rounded  up  and  consulates  shall  ensure  under  local Schengen  cooperation 
that they charge similar fees.’ 

A survey has been carried out in 25 different jurisdictions around the world. Differences of up 
to 26 % have been detected in the visa fee charged in local currency. In some locations, there 
is evidence that differences in fees charged gives rise to 'visa shopping'. A regular review is 
particularly difficult, as the consulates of some Member States are not allowed to deviate from 
exchange rates set centrally for all consular fees to be applied by their embassies abroad.  

3.4. 

Common information sheet 

In order to communicate in a harmonised, coherent and transparent manner, the LSC should 
draw  up  a  common  information  sheet  providing  information  on  the  different  types  of  visas, 
procedures and conditions for applying for such visas, etc.(Art. 48(2)). 

In some locations, common information sheets have been drawn up, whereas in others, work 
is in progress on these. In some locations, the view is that work on these lines is superfluous 
as Member States already provide the appropriate information. 

3.5. 

Exchange of information 

Generally, exchange of information is the core of the agenda of LSC meetings. Issues range 
from  those  linked  to  local  circumstances  and  individual  cases  of  fraud  to  questions  on 
interpretation  of  the  Visa  Code  and  the  exchange  of  monthly  statistics.  It  is  particularly 
important to examine possible fluctuations in figures, including the number of multiple entry 
visas issued, and to compare refusal rates. 

3.6. 

Challenges for the LSC in the next reporting period 

Of  the  few  reports  which  referred  to  challenges  ahead,  some  referred  to  ongoing  work  on 
harmonisation of procedures, whereas others referred to the roll-out of the Visa Information 
System (VIS). 

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IV. 

CONCLUSIONS AND RECOMMENDATIONS 

The  legal  framework  for  structured  LSC,  including  the  Commission's  involvement,  has  not 
yet delivered its full potential. However, results achieved in a number of key locations have 
proved LSC's added value in enhancing harmonisation of the way in which the common visa 
policy is applied. This contributes to the perception applicants and local authorities have of a 
real  policy  ensuring  equal  and  fair  treatment.  Improved  Local  Schengen  Cooperation 
contributes to strengthening the credibility of the EU common Visa Policy, to making tangible 
the advantages for third country nationals and in the long run, to reducing pressure for visa 
facilitation agreements. To improve LSC further, and to ensure that its core tasks are carried 
out  in  all  locations  to  their  full  potential,  the  below  actions  and  recommendations  are 
proposed.  Recognising  the  limits  on  resources  in  Delegations  and  in  line  with  existing 
administrative  arrangements,  the  following  recommendations  will  only  be  implemented  in 
Delegations maintaining the same or increased staff levels than in previous years. 

(a) 

the role of EU Delegations 

– 

– 

– 

– 

– 

– 

During the period 2010-2012 the core tasks of LSC have been carried out by 
EU  Delegations'  staff  in  an  increasing  number  of  delegations  .  LSC  will 
continue  with  the  same  workload  level  of  staff  in  Delegations  with  focus  in 
priority  countries  such  as  ENP  countries  and  the  EU's  strategic  partners. 
Burden  sharing  with  Member  States  embassies  and  consulates  in  these 
countries will contribute to a better functioning of LSC. 

an LSC contact point must be designated in priority countries if this has not yet 
been done,  

the contact point should play an active role in LSC and take the lead in chairing 
meetings  to  ensure  the  continuity  and  coherence  of  cooperation  taking  into 
account burden sharing with Member States;, e.g. when the EUD does not have 
sufficient appropriate staff to carry out LSC tasks, should tasks be delegated to 
a Member State; 

where  relevant,  coordination  with  the  LSC  taking  place  in  locations  outside 
capitals should be improved, possibly by involving a Member States' consulate 
as local coordinator; 

where  relevant,  EUD  should  in  cooperation  with  Member  States’  consulates 
assess whether consular coverage in the host state should be enhanced and, if 
so, explore the most appropriate way of doing so (e.g. by proposing the setting 
up  of  common  application  centres).  This  will  become  particularly  relevant  in 
view of the progressive roll-out of the Visa Information System (VIS); 

 EUD should in cooperation with Member States’ diplomatic missions organise 
information events with the authorities of the host state to present the common 
visa  policy,  particularly  the  regional  roll-out  of  the  VIS,  so  as  to  prevent  or 
clarify  possible  misconceptions.  EUD  should  collect  information  from  third 
country  nationals  on  how  the  Visa  Code  is  implemented  (for  example  by 
opening  a  ‘complaint  mail  box’)  and  report  problems  or  discrepancies  in 
implementation of the Visa Code and the common visa policy, particularly as 
regards  implementation  of  Visa  Facilitation  Agreements,  with  a  view  to 
bringing such problems to the attention of the Commission; 

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– 

a section of the EUD's website should be dedicated to general information on 
the common visa policy. 

(b) 

the role of Member States’ central authorities 

– 

– 

 Member  States’  consular  staff  should  be  made  more  aware  of  the  legal
 obligations concerning ‘LSC tasks’ provided for by the Visa Code and of the 
fact  that  the credibility of the EU is at stake, as  many third country  nationals 
form their opinion of the EU through visa issuing procedures; 

in  locations  where  there  is  no  EUD,  a  Member  State  should  volunteer  to 
designate  its  consulate  in  the  location  concerned  to  act  as  LSC  contact  point 
and report directly to the Commission on LSC issues. 

(c) 

the role of Member States’ consulates: 

– 

– 

– 

they  should  constructively  and  actively  participate  in  LSC  and  be  ready  to 
share its tasks; 

they  should  systematically  share  common  LSC  reports  with  their  central 
authorities; 

regional training on the Visa Code should be organised for MS consular staff , 
particularly as regards roll-out of the VIS in the region concerned; 

(d) 

the Commission in cooperation with EEAS: 

– 

should strengthen the capacity of EUD and LSC contact points, with particular 
attention to regions with a heavy workload, to carry out LSC tasks by: 

(a)  organising  focused  training/information  sessions  both  centrally  and 
regionally  (in  cooperation  with  EEAS),  on  the  application  of  the  Visa 
Code (and Handbooks) and implementation of the VIS; 

(b) 

(c) 

(d) 

enhancing networking among LSC contact points, possibly by organising 
an annual seminar where general briefs and updates can be given on EU 
Home Affairs and related policies; 

improving the basic ‘information kit’ to LSC contact points, including a 
to  ensure  coherent 
template  for  a  ‘common 
communication on the common visa policy; 

information  sheet’ 

revising  the  Handbook  for  the  organisation  of  visa  sections  and  local 
Schengen  cooperation,  Part  II,  to  clarify  implementation  of  the  Visa 
Code as regards LSC tasks. 

V. 

FINAL REMARKS 

The  EU  is  often  perceived  negatively  by  third  countries  because  of  its  arcane  and 
untransparent  visa  issuing  procedures.  For  many  people,  their  first  contact  with  'Europe'  is 
with a Member State’s consulate when applying  for a visa. It is therefore very important to 
apply  the  Visa  Code  correctly  so  that  the  process  improves,  offering  visa  applicants 

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transparent,  fair  and  equal  treatment.  LSC  is  the  main  tool  to  guarantee  consistent 
implementation of the Visa Code, taking into consideration local circumstances. 

The core tasks to be carried out under the Visa Code are fairly specific and operational, and it 
is essential in the short term to accomplish these, particularly as regards harmonising the list 
of  supporting  documents.  Better  cooperation  between  Member  States  and  the  Commission 
and burden sharing within LSC will contribute to building trust in the process. . 

Implementing the LSC provisions properly and applying the flexibilities provided for in the 
Visa Code will improve the image of the common visa policy, and the relationship with the 
authorities of the countries concerned will gain from this.  

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