Common Consular Instructions on visas for the diplomatic missions and consula... (32002X1216(02))

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Common Consular Instructions on visas for the diplomatic missions and consula... (32002X1216(02))

COMMON CONSULAR INSTRUCTIONS ON VISAS FOR THE DIPLOMATIC MISSIONS AND CONSULAR POSTS

(2002/C 313/01)

INTRODUCTORY NOTE

The Common Consular Instructions, as adopted by the Executive Committee established by the Convention applying the Schengen Agreement of 14 June 1985 (listed under reference SCH/Com-ex (99) 13 in Annex A to Council Decision 1999/435/EC (

OJ L 176, 10.7.1999, p. 1

) and published in (

OJ L 239, 22.9.2000, p. 317

), have since been amended on several occasions pursuant to the provisions of Council Regulation (EC) No 789/2001 of 24 April 2001 (

OJ L 116, 26.4.2001, p. 5

). The text of the Common Consular Instructions as published here includes all such amendments to date.

CONTENTS

General provisions

Scope

Definition and types of visa

2.1.

Uniform visas

2.1.1.

Airport transit visas

2.1.2.

Transit visas

2.1.3.

Short-term or travel visas. Multiple entry visas

2.1.4.

Group visas

2.2.

Long-term visas

2.3.

Visas with limited territorial validity

2.4.

Visas issued at the border

II.

Diplomatic mission or consular post responsible

Determining the State responsible

1.1.

State responsible for deciding on an application

1.2.

State representing the State responsible

Visa applications requiring consultation with the national central authority or the authority of one or more other Contracting Parties, in accordance with Article 17(2)

2.1.

Consultation with the national central authority

2.2.

Consultation with the central authority of one or more Contracting Parties

2.3.

Consultation procedure in the framework of representation

Visa applications lodged by non-residents

Authorisation to issue uniform visas

III.

Initiation of the application procedure

Visa application forms. Number of application forms

Documents to be enclosed

Guarantees of means of return and means of subsistence

Personal interviews with applicants

IV.

Legal basis

Examination of applications and decisions taken

Basic criteria for examining applications

Examination of visa applications

1.1.

Verification of the visa application

1.2.

Verification of the applicant's identity

1.3.

Verification of the travel document…

1.4.

Verification of other documents depending on the application

— supporting documents regarding the purpose of the journey

— supporting documents regarding means of transport and return

— supporting documents regarding means of subsistence

— supporting documents regarding accommodation

— other documents where necessary

1.5.

Assessment of the applicant's good faith

Decision-making procedure for visa applications

2.1.

Choice of type of visa and number of entries

2.2.

The administrative responsibility of the intervening authority

2.3.

Procedure to be followed in cases requiring prior consultation with the central authorities of the other Contracting Parties

(a) procedure

(b) sending applications to the national central authority

(d) sending applications between central authorities

(e) reply time: Extension

(f) decision based on the outcome of the consultation

(g) transmission of specific documents

2.4.

Refusal to examine an application, to issue a visa

Visas with limited territorial validity

VI.

How to fill in visa-stickers

Common entries section (Section 8)

1.1.

‘VALID FOR’ heading

1.2.

‘FROM TO’ heading

1.3.

‘NUMBER OF ENTRIES’ heading

1.4.

‘DURATION OF VISIT ... DAYS’ heading

1.5.

‘ISSUED IN ... ON ... ’ heading

1.6.

‘PASSPORT NUMBER’ heading

1.7.

‘TYPE OF VISA’ heading

1.8.

‘NAME AND FORENAME’ heading

National entries section (COMMENTS) (Section 9)

Section for the photograph

Section to be electronically scanned (Section 5)…

Other aspects relating to the issue of visas

5.1.

Signing visas

5.2.

Invalidating completed visa stickers

5.3.

Affixing visa stickers to passports

5.4.

Passports and travel documents to which uniform visas may be affixed

5.5.

Stamp of the issuing diplomatic mission or consular post

VII.

Administrative management and organisation

Organisation of visa departments

Filing

Visa registers

Fees to be charged for the issue of visas

VIII.

Consular cooperation at a local level

Outline of consular cooperation at a local level

How to avoid multiple applications or applications which are lodged after a recent refusal to issue

Assessment of the applicant's good faith

Exchange of statistics

Visa applications processed by private administrative agencies, travel agencies and package tour operators

5.1.

Types of intermediary

5.2.

Harmonisation of cooperation with private administrative agencies, travel agencies, tour operators and their retailers

ANNEXES TO THE COMMON CONSULAR INSTRUCTIONS ON VISAS

— Joint list of non-member countries whose citizens are required to have a visa by Member States bound by Regulation (EC) No 539/2001

— Joint list of non-member countries whose citizens are exempt from the visa requirement by Member States bound by Regulation (EC) No 539/2001

Regulations governing the movement of holders of diplomatic, official duty and service passports and holders of laissez-passers which certain International Intergovernmental Organisations issue to their officials

List of States whose nationals are subject to an airport transit visa requirement, where holders of travel documents issued by these States are also subject to this visa requirement

List of documents entitling holders to entry without a visa

List of visa applications requiring prior consultation with the central authorities, in accordance with Article 17(2)

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

Reference amounts for the crossing of borders fixed annually by the national authorities

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

Entries which the Contracting Parties shall write, where necessary, in the ‘comments’ section

10.

Instructions on writing entries in the section to be electronically scanned

11.

Criteria for determining whether a travel document may bear a visa

12.

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

13.

Filling in visa stickers

14.

Rules and procedures governing information to be sent by Contracting Parties when issuing visas with limited territorial validity, when cancelling, revoking or reducing the duration of validity of uniform visas and when issuing national residence permits

15.

Model harmonised forms providing proof of invitation, sponsorship and accommodation drafted by the Contracting Parties

16.

Specimen harmonised uniform visa application form

COMMON CONSULAR INSTRUCTIONS

on visas for the diplomatic missions and consular posts of the Contracting Parties to the Schengen Convention

Conditions governing the issue of uniform visas, valid for the territory of all the Contracting Parties.

I. GENERAL PROVISIONS

1. Scope

The following common provisions which are based on the provisions of Chapter 3 (sections 1 and 2) of the Convention applying the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (hereinafter referred to as the Convention) signed in Schengen on 19 June 1990, and which Italy, Spain, Portugal, Greece and Austria have since acceded to, apply to the examination of visa applications for a visit not exceeding three months, including transit visas, valid for the territory of all the Contracting Parties(1).

Visas for visits exceeding three months shall be national visas, and shall only entitle the holder to reside in that national territory. Nevertheless, such visas shall enable their holders to transit through the territories of the other Contracting Parties in order to reach the territory of the Contracting Party which issued the visa, unless they fail to fulfil the entry conditions referred to in Article 5(1)(a), (d) and (e) or they are on the national list of alerts of the Contracting Party through whose territory they seek to transit.

2. Definition and types of visa

2.1. Uniform visas

These are the authorisation or decision granted in the form of a sticker affixed by a Contracting Party to a passport, travel document or other document which entitles the holder to cross the border. It enables aliens, subject to the visa requirement, to turn up at the external border of the Contracting Party which issued the visa or that of another Contracting Party and request, depending on the type of visa, transit or residence, provided that the other transit or entry conditions have been met. Mere possession of a uniform visa does not entitle automatic right of entry.

2.1.1. Airport transit visas

This visa entitles aliens who are required to have such a visa, to pass through the international transit area of airports, without actually entering the national territory of the country concerned, during a stop-over or transfer between two sections of an international flight. The requirement to have this visa is an exception to the general right to transit without a visa through the abovementioned international transit area.

Nationals from the countries listed in Annex 3 and persons who are not necessarily nationals of those countries but who possess travel documents issued by their authorities, are required to possess this type of visa.

Exemptions from the airport transit visa requirement are laid down in part III of Annex 3.

2.1.2. Transit visas

This visa entitles aliens who are travelling from one non-member country to another non-member country to pass through the territories of the Contracting Parties.

This visa authorises its holder to pass through once, twice or exceptionally several times, provided that no transit shall exceed five days.

2.1.3. Short-term or travel visas: multiple entry visas

This visa entitles aliens who seek to enter the territories of the Contracting Parties, for reasons other than to immigrate, to carry out a continuous visit or several visits whose duration does not exceed three months in any half-year from the date of first entry. As a general rule, this visa may be issued for one or several entries.

In the case of aliens who frequently need to travel to one or several Schengen States, for example on business, short-term visas may be issued for

several visits

, provided that the total length of these visits does not exceed three months in any half-year. This multiple entry visa may be valid for one year, and in exceptional cases, for more than a year for certain categories of persons (see point V(2), (2.1)).

2.1.4. Group visas

This is a transit visa or a visa limited to a maximum of 30 days, which may be affixed to a group passport, save where national legislation provides otherwise, issued to a group of aliens formed prior to the decision to travel, provided that the members of the group enter the territory, stay there and leave the territory as a group.

Group visas may be issued to groups of between five and 50 people. The person in charge of the group shall possess an individual passport and, where necessary, an individual visa.

2.2. Long-term visas

Visas for visits exceeding three months shall be national visas issued by one of the Member States in accordance with its national legislation.

However, such visas shall, for a period of not more than three months from their initial date of validity, be valid concurrently as uniform short-stay visas, provided that they were issued in accordance with the common conditions and criteria adopted under or pursuant to the relevant provisions of Chapter 3, section I of the aforementioned Convention and their holders fulfil the entry conditions referred to in Article 5(1)(a), (c), (d) and (e) of the Convention and reproduced in part IV of these Instructions. Otherwise, such visas shall merely enable their holders to transit through the territories of the other Contracting Parties in order to reach the territory of the Member State which issued the visa, unless the holders do not fulfil the entry conditions referred to in Article 5(1)(a), (d) and (e) or are on the national list of alerts of the Member State through whose territory they seek to transit.

2.3. Visas with limited territorial validity

This visa is affixed in exceptional cases to a passport, travel document or other document which entitles the holder to cross the border, where the visit is authorised only in the national territory of one or more Contracting Parties, provided that both entry and exit are through the territory of this or these Contracting Parties (part V(3) of these Instructions).

2.4. Visas issued at the border

(2)

II. DIPLOMATIC MISSION OR CONSULAR POST RESPONSIBLE

Aliens who are subject to the visa requirement (see Annex 1), and who seek to enter the territory of a Contracting Party, are obliged to apply to the visa section in the diplomatic mission or consular post responsible.

1. Determining the State responsible

1.1. State responsible for deciding on an application

The following are responsible for examining applications for short-term or transit uniform visas:

(a) —

the Contracting Party in whose territory the sole or main destination of the visit is found. Under no circumstances shall a transit Contracting Party be considered as the country of main destination.

The diplomatic mission or consular post with whom the application is lodged shall decide, on a case-by-case basis, which is the Contracting Party of main destination, bearing in mind, in its assessment, all the facts and in particular the purpose behind the visit, the route and length of visit or visits. When looking at these facts, the mission or post shall mainly focus on the supporting documents submitted by the applicant,

— it shall specifically focus on the main reason for or the purpose of the visit when one or more destinations are the direct result or complement of another destination,

— it shall specifically focus on the longest visit when no destination is the direct result or complement of another destination; where the visits are of equal length, the first destination shall be the determining factor;

(b) —

the Contracting Party of first entry, when the Contracting Party of main destination cannot be determined.

Contracting Party of first entry shall be the State whose external border the applicant crosses in order to enter the Schengen area after having had his/her documents checked,

— when the Contracting Party of first entry does not require a visa, it is not obliged to issue a visa and, unless it issues the visa voluntarily, subject to the consent of the person concerned, the responsibility is transferred to the first Contracting Party of destination or of transit which requires a visa,

— the examination of applications and the issue of visas with limited territorial validity (limited to the territory of one Contracting Party or to the territory of the Benelux States) shall be the responsibility of the Contracting Party or Parties concerned.

1.2. State representing the State responsible

(a) If the State responsible under Article 12 of the Schengen Convention has no diplomatic mission or consular post in a given country, the uniform visa may be issued by the mission or post of the Contracting Party which represents the interests of the State responsible. The visa is issued on behalf of the Contracting Party that is being represented, subject to its prior authorisation, and where necessary, consultation between the central authorities. If one of the Benelux States has a mission or post, it shall automatically represent the other Benelux States.

(b) If the State responsible has a diplomatic mission or consular post in the capital city of a country, but not in the area where the application is lodged, and if one or more of the other Contracting Parties does have a mission or post, the visa may, in exceptional cases and only in countries which are geographically very large, be issued by another Contracting Party representing the State responsible, provided that there is a specific agreement on representation between the two Contracting Parties concerned and such action is in accordance with the terms of the said agreement.

(c) In accordance with the provisions contained in (a) and (b), it shall in any event be for the visa applicant to decide whether to contact either the diplomatic mission or the consular post which is representing the State responsible or that of the State responsible.

(d) The subgroup on visas shall draft an overview of the agreed representation arrangements which it shall revise regularly.

(e) The procedure for issuing Schengen visas in non-member countries in which not all Schengen States are represented shall be based on the following principles:

— the rules on representation shall apply to the processing of applications for uniform airport transit visas, transit visas and short-stay visas issued pursuant to the Schengen Convention and in accordance with the Common Consular Instructions. The representing State is obliged to comply with the provisions of the Common Consular Instructions as quickly as it issues its own visas of the same category and with the same period of validity,

— except as expressly provided in bilateral agreements, the rules on representation shall not apply to visas issued for the purpose of paid employment or an activity which requires prior permission from the State in which it is to be carried out. The applicant must contact the accredited consular post of the State where the activity is to be performed,

— the Schengen States shall not be obliged to ensure that they are represented for visa purposes in every non-member country. They may decide that in certain non-member countries visa applications or applications for a particular kind of visa must be made at a permanent consular post or diplomatic mission of the State that is the main destination,

— the diplomatic missions and consular posts shall have sole responsibility for assessing the risk of illegal immigration posed by a visa application,

— the represented State shall assume responsibility for asylum applications made by holders of visas which the visa stamp expressly shows to have been issued by representing States on behalf of represented States,

— in exceptional cases, bilateral agreements may stipulate that visa applications from certain categories of alien are either to be submitted by the representing State to the authorities of the represented State in which the main destination is located or forwarded to a permanent consular representation of that State. The categories in question must be laid down in writing (if necessary for each diplomatic mission or consular post). It shall be assumed that the visa has been issued on the authorisation of the represented State pursuant to Article 30(1) of the Schengen Convention,

— bilateral agreements may be amended in the course of time on the basis of decisions made by individual States concerning asylum applications lodged within a set period of time by holders of visas issued in the framework of representation and other information relevant to the issue of visas. Agreement may also be reached on waiving the rules on representation in the case of certain diplomatic missions and consular posts,

— representation shall apply solely in the context of issuing visas. Aliens who are unable to apply for a visa because they cannot furnish sufficient proof that they fulfil the relevant conditions must be informed that they can apply for a visa at a permanent consular post or diplomatic mission of the Schengen State in which their destination lies,

— the rules on representation may be refined as a result of further developments in software enabling consular posts and diplomatic missions undertaking representation to consult the central authorities of the represented State without substantial additional effort,

— the list containing rules on representation with regard to the issue of a Schengen visa in non-member counries in which not all Schengen States are represented shall be submitted to the Central Group for acknowledgement of the amendments made to it by agreement between the Schengen States concerned.

2. Visa applications requiring consultation with the national central authority or the authority of one or more other Contracting Parties, in accordance with Article 17(2)

2.1. Consultation with the national central authority

The diplomatic mission or consular post which examines the application, shall seek authorisation from its central authority, consult it or inform it of the decision it plans to take in a case, in accordance with the arrangements and deadlines laid down by national law and practice. Cases requiring national consultation are listed in Annex 5A.

2.2. Consultation with the central authority of one or more Contracting Parties

The diplomatic mission or the consular post with whom an application is lodged shall seek authorisation from its central authority, which, for its part, shall send the application on to the competent central authorities of one or more other Contracting Parties (see part V(2), (2.3)). Until the final list of cases of mutual consultation has been approved by the Executive Committee, the list annexed to these Common Consular Instructions shall apply (see Annex 5B).

2.3. Consultation procedure in the framework of representation

(a) When visa applications are lodged by nationals of the countries listed in Annex 5C at a diplomatic mission or consular representation of a Schengen State, representing another Schengen State, the represented State shall be consulted.

(b) The information exchanged in respect of these visa applications shall be the same as that currently exchanged in the framework of the consultation under Annex 5B. A compulsory heading shall, however, be provided on the form for the references to the territory of the represented State.

(c) The current provisions of the Common Consular Instructions on Visas shall apply to the time limits, their extension and the form of the reply.

(d) The consultation provided for in Annex 5B shall be undertaken by the represented State.

3. Visa applications lodged by non-residents

When an application is lodged with a State which is not the applicant's State of residence and there is doubt over the person's intentions (in particular where there is evidence pointing to illegal immigration), the visa shall only be issued after consultation with the diplomatic mission or consular post of the applicant's State of residence and/or its central authority.

4. Authorisation to issue uniform visas

Only the diplomatic mission or consular posts of the Contracting Parties shall be entitled to issue uniform visas, with the exception of the cases listed in Annex 6.

III. INITIATION OF THE APPLICATION PROCEDURE

1. Visa application forms — number of application forms

Aliens shall also be required to fill in the uniform visa form. Applications for a uniform visa must be made using the harmonised form of which a specimen is given in Annex 16.

At least one copy of the application form must be filled in so that it may be used during consultation with the central authorities. The Contracting Parties may, insofar as national administrative procedures so require, request several copies of the application.

2. Documents to be enclosed

Aliens shall enclose the following documents with the application:

(a) a valid travel document on which a visa may be affixed (see Annex 11);

(b) where necessary, documents supporting the purpose and the conditions of the planned visit,

If the information supplied is sufficient to enable the diplomatic mission or consular post to ascertain that the applicant is acting in good faith, the staff responsible for issuing the visas may exempt the applicant from submitting the abovementioned supporting documents.

3. Guarantees of means of return and means of subsistence

Aliens shall be able to offer the diplomatic mission or consular post with whom they lodge their application, a guarantee that they have adequate means for their subsistence and their return.

4. Personal interviews with applicants

As a general rule, the applicant shall be called on to appear in person in order to verbally justify the grounds for the application, especially where there are doubts over the actual purpose behind the visit or that person's return to the country of departure.

This requirement may be waived in cases where the applicant is well-known or where the distance from the diplomatic mission or consular post is too great, provided that there is no doubt as to the good faith of the applicant and where in the case of large groups, a reputable and trustworthy body is able to vouch for the good faith of those persons concerned.

Part VIII(5) contains more detailed rules on visa applications processed by private administrative agencies, travel agencies and tour operators and their retailers(3).

IV. LEGAL BASIS

Uniform visas

may only be issued once the entry conditions laid down in Articles 15 and 5 of the Convention have been met. These Articles read as follows:

Article 15In principle, the visa referred to in Article 10 may be issued only if an alien fulfils the entry conditions laid down in Article 5(1)(a), (c), (d) and (e)..

Article 5

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

(a) the possession of a valid document or documents, as defined by the Executive Committee, authorising them to cross the border;

(b) the possession of a valid visa if required;

(c) if applicable, the aliens shall produce documents substantiating the purpose and the conditions of the planned visit and shall have adequate means of support, both for the period of the planned visit and the return to their country of origin or transit to a non-member country, where their admission is guaranteed, or shall be in a position to acquire such means legally;

(d) the aliens shall not be persons for whom an alert has been issued for the purposes of refusing entry;

(e) the aliens shall not be considered to be a threat to public policy, national security or the international relations of any of the Contracting Parties.

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

These rules shall not preclude the application of special provisions concerning the right to asylum or the provisions laid down in Article 18.

Visas with limited territorial validity

may be issued subject to the conditions laid down in Articles 11(2), 14(1) and 16 in connection with Article 5(2) (see part V(3)).

Article 11(2)

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

Article 14(1)

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

Article 16If a Contracting Party considers it necessary to derogate, on one of the grounds listed in Article 5(2) from the principle laid down in Article 15, by issuing a visa to an alien who does not fulfil all the entry conditions referred to in Article 5(1), the validity of this visa shall be restricted to the territory of that Contracting Party, which must inform the other Contracting Parties accordingly.

V. EXAMINATION OF APPLICATIONS AND DECISIONS TAKEN

The diplomatic mission or consular post shall first check the documents submitted (1) and shall then base its decision regarding the visa application on these documents (2):

Basic criteria for examining applications

The main issues to be borne in mind when examining visa applications are: the security of the Contracting Parties and the fight against illegal immigration as well as other aspects relating to international relations. Depending on the country concerned, one of these may take precedence over the other, but at no stage should any of them be forgotten.

As far as security is concerned, it is advisable to check that the necessary controls have been carried out: a search of the files containing alerts (alerts for the purposes of refusing entry) in the Schengen Information System, consultation with the central authorities of the countries subject to this procedure.

The diplomatic mission or consular post shall assume full responsibility in assessing whether there is an immigration risk. The purpose of examining applications is to detect those applicants who are seeking to immigrate to the territory of the Contracting Parties and set themselves up there, using grounds such as tourism, studies, business or family visits as a pretext. Therefore, it is necessary to be particularly vigilant when dealing with ‘risk categories’, in other words unemployed persons, and those with no regular income etc. If there is any doubt over the authenticity of the papers and supporting documents submitted, the diplomatic mission or consular post shall refrain from issuing the visa.

On the contrary, checks shall be reduced where the applicant is known to be a bona fide person, this information having been exchanged through consular cooperation.

1. Examination of visa applications

1.1. Verification of the visa application

— the length of visit requested shall correspond with the purpose of the visit,

— the replies to the questions on the form shall be complete and coherent. The form shall include an identity photograph of the visa applicant and shall indicate, as far as possible, the main destination of the visit.

1.2.

Verification of the applicant's identity

and verification as to whether an alert has been issued on the applicant in the Schengen Information System (SIS) for the purposes of refusing entry or verification as to whether they pose any other threat (to security) which would constitute grounds for refusal to issue the visa or whether, from an immigration point of view, the applicant poses a risk in that on a previous visit he/she overstayed the authorised length of visit.

1.3. Verification of the travel document

— verification as to whether the document is in order or not: it should be complete and should be neither amended, falsified or counterfeited,

— verification of the territorial validity of the travel document: it should be valid for entry into the territory of the Contracting Parties,

— verification of the period of validity of the travel document: the period of validity of the travel document should exceed that of the visa by three months (Article 13(2) of the Convention),

— nevertheless, for expedient humanitarian reasons, on grounds of national interest or because of international obligations, it shall be possible, in exceptional cases, to affix visas to travel documents whose period of validity is less than that specified in the previous paragraph (three months), provided that the period of validity exceeds that of the visa and that the guarantee of return is not in jeopardy,

— verification of the length of previous visits to the territory of the Contracting Parties.

1.4. Verification of other documents depending on the application

The number and type of supporting documents required depend on the possible risk of illegal immigration and the local situation (for example whether the currency is convertible) and may vary from one country to another. As concerns assessment of the supporting documents, the diplomatic missions or consular posts of the Contracting Parties may agree on practical arrangements adapted to suit local circumstances.

The supporting documents shall cover the purpose of the journey, means of transport and return, means of subsistence and accommodation:

— supporting documents regarding the purpose of the journey shall mean, for example:

— a letter of invitation,

— a summons,

— an organised trip;

— supporting documents regarding means of transport and return shall mean, for example:

— a return ticket,

— currency for petrol or car insurance;

— supporting documents regarding means of subsistence:

the following may be accepted as proof of means of subsistence: cash in convertible currency, travellers cheques, cheque books for a foreign currency account, credit cards or any other means that guarantees funds in hard currency.

The level of means of subsistence shall be proportionate to the length of visit and purpose of the visit, and also the cost of living in the Schengen State or States to be visited. To this end, reference amounts shall be fixed each year for the crossing of borders by the national authorities of the Contracting Parties (see Annex 7)(4);

— supporting documents regarding accommodation:

the following documents

inter alia

may be accepted as proof of accommodation:

(a) hotel reservation or reservation for a similar establishment.

(b) documents proving the existence of a lease or a property title, in the applicant's name, proving ownership of a property situated in the country to be visited.

(c) where an alien states that he/she shall stay at a person's home or in an institution, the diplomatic missions and consular posts shall verify whether the alien will actually be accommodated there:

— either by checking with the national authorities, where such checks are necessary,

— or by requiring that a certificate be presented which vouches for the commitment to accommodate, in the form of a harmonised form filled in by the host/institution and stamped by the competent authority of the Contracting Party, according to the provisions laid down in its national legislation. A model of the form may be adopted by the Executive Committee,

— or by requiring that a certificate or an official or public document be presented which vouches for the commitment to accommodate, worded and checked in accordance with the internal law of the Contracting Party concerned.

The presentation of documents relating to the commitment to accommodate referred to in the previous two paragraphs is not a new condition for the issuing of visas. These documents have a practical purpose, aimed at proving that accommodation is available and, where appropriate, the existence of means of subsistence. If a Contracting Party uses this type of document, then it should in any case, specify the identity of the host and of the guest or guests, the address of the accommodation, the length and purpose of the visit, any possible family ties, and indicate whether the host is residing lawfully in the country.

After having issued the visa, the diplomatic mission or consular post shall affix its stamp and write the visa number on the document in order to avoid it being reused.

These checks are aimed at avoiding any false/fraudulent invitations or invitations from illegal or possibly illegal aliens.

Before applying for a uniform visa, applicants may be exempted from the requirement to provide supporting documents regarding accommodation if they are able to prove that they have sufficient financial means to cover their subsistence and accommodation costs in the Schengen State or States that they plan to visit.

— Other documents where necessary depending on the case in question, for example:

— proof of place of residence and proof of ties with the country of residence,

— parental authorisation in the case of minors,

— proof of the social and professional status of the applicant.

Where the national laws of the Schengen States require proof of invitations from private individuals or for business trips, sponsorship declarations or proof of accommodation, a harmonised form shall be used.

1.5. Assessment of the applicant's good faith

In order to assess the applicant's good faith, the mission or post shall check whether the applicant is recognised as a person of good faith within the framework of local consular cooperation.

Furthermore, they shall consult the information exchanged, as referred to in part VIII(3), of these Instructions.

2. Decision-making procedure for visa applications

2.1. Choice of type of visa and number of entries

A uniform visa pursuant to Article 11 may be:

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

— a visa valid for one year, entitling a three month visit during any half-year and several entries; this visa may be issued to persons offering the necessary guarantees and persons whom the Contracting Parties have shown a particular interest in. In exceptional cases, a visa valid for more than one year, but for a maximum of five years, may be issued to certain categories of persons for several entries,

— a transit visa authorising its holder to pass through the territories of the Contracting Parties once, twice or exceptionally several times en route to the territory of a non-member country, provided that no transit shall exceed five days and provided that the entry of the alien into the territory of the destination non-member country is guaranteed and that the route being followed normally requires transit through the territories of the Contracting Parties.

2.2. The administrative responsibility of the intervening authority

The diplomatic representative or the head of the consular section shall assume, in accordance with their national powers, full responsibility with regard to the practical arrangements for the issuing of visas by their missions or posts and shall consult each other on this matter.

The diplomatic mission or consular post shall take its decision on the basis of all the information available to it and bearing in mind the specific situation of each applicant.

2.3. Procedure to be followed in cases of prior consultation with the central authorities of the other Contracting Parties

The Contracting Parties have decided to set up a system for the purpose of carrying out consultation with the central authorities.

The following measures may be applied temporarily should the consultation technical system break down and in accordance with needs:

— limit the number of cases of consultation to those where consultation is deemed essential,

— use the local network of embassies and consulates of the Contracting Parties concerned in order to channel consultation,

— use the network of embassies of the Contracting Parties located (a) in the country carrying out the consultation, (b) in the country which is to be consulted,

— use of conventional means of communication between contact points: fax, telephone, etc.,

— be more vigilant for the benefit of the common interest.

In cases where the applicants come under the categories listed in Annex 5B subject to consultation with a central authority, of the Ministry of Foreign Affairs or of another body, (Article 17(2) of the Convention), uniform visas and long-stay visas valid concurrently as short-stay visas shall be issued according to the procedure outlined below.

The diplomatic mission or consular post with whom an application is lodged by a person from one of these categories shall, in the first instance, check, by carrying out a search in the Schengen Information System, whether an alert has been issued on the applicant for the purposes of refusing entry.

It shall then follow the procedure outlined below.

(a) Procedure

The procedure under b shall not apply when the visa applicant has been issued an alert in the Schengen Information System for the purposes of refusing entry;

(b) Sending applications to the national central authority

The diplomatic mission or consular post with whom an application is lodged by a person from one of the categories subject to consultation shall send this application immediately to the central authority in its country.

— If the central authority decides to refuse an application for which the Contracting Party applied to is responsible, it is not necessary to begin or to continue a consultation procedure with the central authorities of the Contracting Parties which requested to be consulted.

— In the case of an application examined by the representative of the State responsible, the central authority of the Contracting Party with whom the application is lodged shall send it to the central authority of the State responsible. If the central authority of the State being represented, or the central authority of the representing State, where so provided in the representation agreement, decides to turn down the visa application, it is not necessary to begin or to continue a consultation procedure with the central authorities of the Contracting Parties which requested to be consulted.

As part of consultation with the central authorities, the diplomatic missions or consular posts with whom an application is lodged shall send the following information to their central authority:

diplomatic mission or consular post with whom the application was lodged;

surname and first names, date and place of birth and, where known, the names of the applicant's parents;

nationality of the applicant(s) and, where known, any previous nationalities;

type and number of travel document(s) submitted, their date of issue and date of expiry;

length and purpose of planned visit;

planned dates of travel;

residence, profession, employer of the visa applicant;

references from the Member States, in particular, any previous applications or visits to the Signatory States;

border which the applicant plans to cross in order to enter Schengen territory;

10.

any other names (maiden name, or where applicable, married name, in order to complete the identification in accordance with the requirements under the national law of the Contracting Parties and the national law of the State where the applicant is a citizen);

11.

any other information deemed necessary by the diplomatic missions or consular posts, concerning for example the spouse or children accompanying the person concerned, any visas previously issued to the applicant and visa applications for the same destination.

This information shall be taken from the visa application form, in the order in which it appears on the aforementioned form.

The above headings shall act as the basis of the information to be sent in consultation between central authorities. The Contracting Party carrying out the consultation shall as a rule be responsible for the way it sends the information, in the understanding that the date and time of transmission and its receipt by the recipient central authorities should be clearly marked.

(d) Sending applications between central authorities

The central authority of the Contracting Party whose mission or post has received an application shall consult, in turn, the central authority or authorities of the Contracting Party or Parties who have asked to be consulted. To this end, the authorities designated by the Contracting Parties shall be considered as central authorities.

After having carried out the necessary checks, these authorities shall send their overall assessment of the visa application to the central authority which consulted them.

(e) Reply time: extension

The maximum deadline which the consulted central authorities have for sending a reply to the central authority which asked for the consultation shall be seven days. The initial reply time is taken from the time at which the application is sent by the central authority which has to carry out the consultation.

If, during the course of the seven days, one of the consulted central authorities asks for the deadline to be extended, this may be increased by seven days.

In exceptional cases, the consulted central authority may submit a justified request for an extension of more than seven days.

The authorities being consulted shall ensure that in cases of urgency, the reply is sent back as quickly as possible.

Where no reply is received by the initial deadline or, where applicable, by the extended deadline it shall be the equivalent of an authorisation and shall mean that there are, as far as the Contracting Party or Parties consulted are concerned, no grounds for objecting to the issue of a visa.

(f) Decision based on the outcome of the consultation

Once the initial or extended deadline has expired, the central authority of the Contracting Party with whom the application is lodged may authorise the diplomatic mission or consular post to issue the uniform visa.

Where there is no clear decision on the part of the central authority, the diplomatic mission or consular post with whom the application is lodged may issue the visa after a period of 14 days, from the time at which the application was sent by the central authority carrying out the consultation. It is up to each central authority to inform its missions and posts at the start of each consultation period.

In cases where the central authority receives a request for an exceptional extension to the deadline, it shall inform the mission or post with whom the application is lodged thereof: it shall not decide on the application before having received clear instructions from its central authority.

(g) Transmission of specific documents

In exceptional cases, the embassy where the visa application is lodged may, at the request of the consular mission of the consulted State, transmit pursuant to Article 17 of the Schengen Convention the visa application form (with a space for a photograph).

This procedure shall only apply in places where there are diplomatic or consular missions of both the consulting State and consulted State and only in respect of the nationalities listed in Annex 5B.

In no circumstances may the reply to the consultation or the request to extend the time limit for consultation be undertaken locally, with the exception of consultation at local level in accordance with the current provisions of Annex 5B of the Common Consular Instructions on Visas. In principle, the consultation network shall be used for exchanges between the central authorities.

2.4. Refusal to examine an application, to issue a visa

The procedure and the possible channels of appeal in cases where the diplomatic mission or consular post of a Contracting Party refuses to examine an application or issue a visa, are governed by the law of that Contracting Party.

If a visa is refused and national law provides for the grounds for such a refusal to be given, this must be done on the basis of the following text:

‘Your request for a visa has been refused pursuant to Article 15 in conjunction with Article 5 of the Convention implementing the Schengen Agreement of 19 June 1990 because you do not satisfy the conditions under Article 5(1) (a), (c), (d), (e), (indicate relevant condition(s)) of the said Convention, which stipulates … (quote relevant condition(s)).’

If necessary, the above grounds may be supplemented with more detailed information or contain other information in accordance with the requirements in this area laid down in the national law of the Schengen States.

When a diplomatic or consular mission which is representing another Schengen State is forced to discontinue its examination of a visa application, the applicant should be notified thereof and informed that he/she may go to the nearest diplomatic or consular mission of the State competent to examine the visa application.

3. Visas with limited territorial validity

A visa whose validity is limited to the national territory of one or several Contracting Parties may be issued:

in cases where a diplomatic mission or consular post considers it necessary to derogate from the principle laid down in Article 15 of the Convention (Article 16) on one of the grounds listed in Article 5(2) (for humanitarian reasons, on grounds of national interest or because of international obligations);

in cases provided for in Article 14 of the Convention, according to which:

‘

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

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

’

in cases where, due to extreme urgency, (for humanitarian reasons, on grounds of national interest or because of international obligations), a mission or post does not consult the central authorities or where this procedure gives rise to protest;

in cases where a mission or post issues, as an absolute necessity, a new visa for a visit to be carried out during the same half-year to an applicant who, over a six-month period, has already used a visa with a validity of three months.

The validity is limited to the territory of one Contracting Party, the Benelux or two Benelux States for scenarios 1, 3 and 4 above, and to the territory of one or several Contracting Parties, the Benelux or two Benelux States for scenario 2.

The missions or posts of the other Contracting Parties shall be informed of cases where these visas are issued.

VI. HOW TO FILL IN VISA-STICKERS

Annexes 8 and 13 contain the following: 8 — a description of the sticker's security features; 13 — examples of specimen visa-stickers that have already been filled in.

1. Common entries section (Section 8)

1.1. ‘VALID FOR’ heading:

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

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

(a) Schengen States;

(b) Schengen State or Schengen States to whose territory the validity of the visa is limited (in this case the following abbreviations are used: F for France, D for Germany, E for Spain, GR for Greece, P for Portugal, I for Italy, L for Luxembourg, NL for the Netherlands, B for Belgium);

(d) Schengen State (using the abbreviations in (b)) which issued the national long-stay visa and Schengen States;

— when the sticker is used to issue the uniform visa pursuant to Articles 10 and 11 of the Convention, or to issue a visa whose validity is not limited to the territory of the Contracting Party which issued the visa, the heading ‘valid for’ is filled in using the words ‘Schengen States’, in the language of the Contracting Party which issued the visa,

— when the sticker is used to issue visas which restrict entry, stay and exit to just one territory, this heading shall be filled in, in the national language, with the name of the Contracting Party to which the visa holder's entry, stay and exit are limited,

— when the sticker is used to issue a national long-stay visa valid concurrently as a uniform short-stay visa for a maximum period of three months from its initial date of validity, this heading is to be filled in with the Member State which issued the national long-stay visa, followed by ‘Schengen States’,

— pursuant to Article 14 of the Convention, limited territorial validity may cover the territory of several Member States; in that case, according to the Member State codes to be entered under this heading, the following options are available:

(a) entry of the codes for the Member States concerned;

(b) entry of the words ‘Schengen States’ in the language of the issuing Member State followed in brackets by the minus sign and the codes of the Member States for the territories of which the visa is not valid;

— limited territorial validity may not apply to just part of the territory of a Contracting Party.

1.2. ‘FROM... TO’ heading:

This heading shows the period during which the holder may carry out the visit authorised by the visa.

The date from which the visa holder may enter the territory for which the visa is valid, is written as below, following the word ‘FROM’:

— the day is written using two figures, the first of which is a zero if the day in question is a single figure,

— horizontal dash,

— the month is written using two figures, the first of which is a zero if the month in question is a single figure,

— horizontal dash,

— the year is written using two figures, which correspond with the last two figures of the year,

— For example: 15-04-94 = 15 April 1994.

The last date on which the visa holder may carry out the visit authorised by the visa is written following the word ‘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.

1.3. ‘NUMBER OF ENTRIES’ heading:

This heading shows the number of times the visa holder may enter the territory for which the visa is valid; in other words, this shall mean the number of periods of stay which may be divided over the entire period of validity, see 1.4.

The number of entries may be one, two or more. This number is written to the right-hand side of the pre-printed part, using ‘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’ shall be written). More than two entries (‘MULT’) shall only be authorised in exceptional cases.

The visa shall expire when the total number of exits made by the holder equals the number of authorised entries, even if the holder has not used up the number of days authorised by the visa.

1.4. ‘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(5). This visit may be a continuous one or divided up, depending on the number of days authorised, over several periods between the dates mentioned under 1.2, bearing in mind the number of entries authorised under 1.3.

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

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

1.5. ‘ISSUED IN ... ON ...’ heading

This heading shows, in the language of the Contracting Party issuing the visa, the name of the town in which the diplomatic mission or consular post which is issuing the visa is found, this name is written between ‘IN’ and ‘ON’. The date of issue is indicated after ‘ON’.

The date of issue is written in the same way as the date referred to in 1.2.

The authority which issued the visa may be identified by way of the entry which appears in the stamp affixed to section 4.

1.6. ‘PASSPORT NUMBER’ heading:

This heading indicates the number of the passport to which the visa-sticker is affixed. This number shall be followed by reference to any children and to the spouse if these appear in the passport, who are accompanying the holder (a letter ‘X’ for children preceded by the number thereof (for example 3X = three children) and a letter ‘Y’ for the spouse).

Where, because the holder's travel document is not recognised, the uniform format for forms is used for the visa, the issuing diplomatic mission or consular post may opt to use the same form to extend the validity of the visa to the holder's spouse and to accompanying minors dependent on the holder of the form who accompany the holder or to issue separate forms for the holder, his spouse and each person dependent on him, affixing the corresponding visa on each form separately(6).

The passport number is the series number which is pre-printed or perforated on all or almost all of the pages of the passport.

The number to be entered under this heading, in the case of a visa to be affixed to the uniform format form, is not the passport number but the same typographical number as appears on the form, made up of six digits, which may be accompanied by the letter or letters assigned to the Member State or group of Member States which issued the visa(6).

1.7. ‘TYPE OF VISA’ heading:

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

airport transit visa

transit visa

short-term visa

long-term national visa

D and C

national long-stay visa valid concurrently as a short-stay visa

For visas with limited territorial validity and group visas the letters A, B or C shall be used depending on the case in question.

1.8. ‘NAME AND FORENAME’ heading:

The first word in the ‘name’ box followed by the first word in the ‘first name’ box of the visa holder's passport or 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 passport or 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(6).

2. National entries section COMMENTS (Section 9)

Contrary to section 8 (joint and obligatory entries), this section is reserved for any comments relating to national provisions. Although the Contracting Parties shall be free to include any comments which they deem relevant, they shall be obliged to inform their partners thereof in order that these comments may be interpreted (see Annex 9).

3. Section for the photograph

(7)

The visa-holder's photograph, in colour, shall be integrated in the space reserved for that purpose as shown in Annex 8. 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.

In the absence of a photograph, it shall be obligatory to enter the words ‘valid without photograph’ in this section in two or three languages (the language of the Member State issuing the visa, English and French). These words shall in principle be entered using a printer and, exceptionally, a specific stamp, in which case the stamp shall also cover part of the rotogravure section whose left or right-hand side delimits the space for integrating the photograph.

4. Section to be electronically scanned (Section 5)

Both the format of the visa-sticker and that of the electronically scanned section have been decided by the ICAO on the basis of a proposal put forward by the Schengen States. This section is made up of two lines of 36 characters (OCR B-10 cpi). Annex 10 explains how this section is to be filled in.

5. Other aspects relating to the issue of visas

5.1. Signing visas

In cases where the law or practice of a Contracting Party requires a hand-written signature, the sticker affixed to the page of the passport shall be signed by the official responsible in this regard.

The signature is placed at the right-hand side of the heading ‘COMMENTS’; part of the signature should extend onto the page of the passport or the travel document, but it must not cover the section to be electronically scanned.

5.2. Invalidating completed visa stickers:

No changes shall be made to the visa-sticker. If there is a mistake made when the visa is issued then the sticker shall be invalidated;

— if the mistake is detected on a sticker which has not yet been affixed to the passport, the sticker shall be destroyed or cut diagonally in half,

— if the mistake is detected after the sticker has been affixed to the passport, the sticker shall have a red cross drawn on it and a new sticker shall be affixed.

5.3. Affixing visa stickers to passports:

The sticker shall be filled in before being affixed to the passport. The stamp and the signature shall be placed on the sticker once it has been affixed to the passport or travel document.

Once the visa-sticker has been correctly filled in, it shall be affixed to the first page of the passport that is free from any other entries or stamps, other than the identification stamp of the application. Passports which do not have space free for affixing the sticker, passports which have expired and passports which do not authorise exit from the territory before the visa expires, or the alien's return to his/her country of origin or entry into a third country (see Article 13 of the Convention), shall be refused.

5.4. Passports and travel documents to which uniform visas may be affixed

The criteria for deciding which travel documents may bear a visa, in accordance with the provision of Article 17(3)(a) of the Convention, are listed in Annex 11.

In accordance with Article 14, no visa may be affixed to a travel document if that travel document is not valid for any of the Contracting Parties. If a travel document is only valid for one Contracting Party or for a number of Contracting Parties the visa to be affixed shall be limited to the Contracting Party or Parties in question.

If the travel document is not recognised as valid by one or more Member States, the visa shall have only limited territorial validity. The diplomatic mission or consular post of a Member State must use the uniform format form to affix a visa issued to holders of a travel document not recognised by the Member State that issues the form. Such a visa shall have only limited territorial validity(8).

5.5. Stamp of the issuing diplomatic mission or consular post

The stamp of the diplomatic mission or consular post issuing the visa shall be affixed in the ‘COMMENTS’ section, with special care to ensure that it does not prevent data from being read, and shall extend beyond the sticker on to the page of the passport or travel document. Only in cases where it is necessary to dispense with the completion of the section to be electronically scanned may the stamp be placed on 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 provisions of the Member State.

To prevent reuse of a visa sticker affixed to a uniform format form, the seal of the issuing 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 completion data nor to enter the electronic scanning area if completed(9).

VII. ADMINISTRATIVE MANAGEMENT AND ORGANISATION

1. Organisation of visa sections

Each Contracting Party shall be responsible for organising its visa sections.

The heads of the missions or posts shall ensure that the section responsible for issuing visas is organised in such a way as to avoid any type of negligent behaviour which could facilitate theft and falsifications.

— The staff responsible for issuing visas shall in no way be exposed to local pressure.

— In order to avoid ‘habits’ being formed which could lead to a decline in the level of vigilance, the officers responsible shall be rotated on a regular basis.

— The storage and use of visa-stickers shall be the subject of security measures similar to those applied to other documents which require protection.

2. Filing

Each Contracting Party shall be responsible for filing visa applications, and photographs of applicants in cases where visas are subject to central consultation.

Visa applications shall be kept for at least one year where the visa has been issued and at least five years where the visa has been refused.

In order to make it easier to locate an application, the file and archive references shall be mentioned during consultation and in replies to consultation.

3. Visa registers

Each Contracting Party shall register visas which have been issued in accordance with national practice. Visa-stickers shall be registered as such.

4. Fees to be charged corresponding to the administrative costs of processing visa applications

(10)

The fees to be charged corresponding to the administrative costs of processing the visa application are listed in Annex 12.

However, no fees are to be charged for administrative costs for visa applications by nationals of third countries who are members of the family of a European Union citizen or of a national of a State party to the EEA Agreement, exercising their right to free movement.

VIII. CONSULAR COOPERATION AT A LOCAL LEVEL

1. Outline of consular cooperation at a local level

On the spot consular cooperation shall, generally speaking, focus on assessing immigration risks. It shall mainly be aimed at determining common criteria for examining files, exchanging information on the use of false documents, on possible illegal immigration routes and on refusing visas where applications are clearly ill-founded or fraudulent. It should also enable the exchange of information on bona fide applicants and on the joint development of information for the general public on the conditions governing Schengen visa applications.

Consular cooperation shall also take account of the local administrative situation and social and economic structure.

The missions and posts shall organise meetings on a regular basis depending on circumstances and as often as they deem suitable: they shall submit reports on these meetings to the central authorities. At the request of the Presidency they shall submit a general half-yearly report.

2. How to avoid multiple applications or applications which are lodged after a recent refusal to issue

The exchange of information between missions and posts and the identification of applications by means of a stamp or by other means are aimed at preventing the presentation, by the same person, of multiple or successive visa applications, either whilst an application is being examined, or after an application had been refused, by the same mission or post or by a different mission or post.

Without prejudice to the consultation which may take place between the missions and posts and the exchanges of information which they may carry out, the mission or post with whom an application is lodged, shall affix a stamp to each applicant's passport stipulating ‘Visa applied for on ... at ...’. The space following ‘on’ shall be filled in with six figures (two figures for the day, two for the month and two for the year): the second space shall be reserved for the diplomatic mission or consular post concerned. The code for the visa that has been applied for must be added.

The mission or post which receives the application shall decide whether or not to affix a stamp to diplomatic and service passports.

The stamp may also be affixed in the case of applications for long-stay visas.

When a Schengen State is representing another Schengen State, the stamp shall show, after the code of the type of visa requested, the indication ‘R’ followed by the code of the represented State.

Where the visa is issued, the sticker shall, as far as possible, be affixed on top of the identification stamp.

In exceptional circumstances when it is manifestly unfeasible to affix a stamp, the mission or post of the Presidency in office shall inform the relevant Schengen group and submit for the group's approval an alternative proposal, for instance involving the exchange of photocopies of passports or lists of rejected visa applications giving grounds for the refusal.

The heads of the diplomatic missions or posts shall adopt at a local level, and at the initiative of the Presidency, alternative or additional preventative measures, where such measures prove necessary.

3. Assessment of the applicant's good faith

In order to facilitate the assessment of the applicant's good faith, the diplomatic missions or consular posts may, in accordance with national legislation, carry out an exchange of information on the basis of arrangements concluded at a local level as part of their cooperation, and pursuant to point 1 of this chapter.

Information on the following may be exchanged from time to time: persons whose applications have been refused due to the fact that stolen, lost or falsified documents have been used, or that the date of exit on the previous visa was not respected or that there is a risk to security and in particular there is reason to believe that an attempt is being made to illegally immigrate to the territory of the Contracting Parties.

The information which is jointly exchanged and produced shall serve as a working instrument for assessing visa applications. It shall not, however, replace the actual examination of the visa application nor the search in the Schengen Information System, nor consultation with the requesting central authorities.

4. Exchange of statistics

4.1

Statistics on short-stay visas, transit visas and airport transit visas that have been issued and on applications for such visas that have been formally rejected shall be exchanged every three months.

4.2

Notwithstanding the obligations laid down in Article 16 of the Schengen Convention, which are clearly formulated in Annex 14 to the Common Consular Instructions and which require the Schengen States to forward within 72 hours details concerning the issue of visas with limited territorial validity, the diplomatic missions and consular representations of the Schengen States shall be instructed to exchange their statistics on visas with limited territorial validity issued the previous month and transmit them to their respective central authorities.

5. Visa applications processed by private administrative agencies, travel agencies and package tour operators

(11)

The basic rule for visa applications is that there should be the possibility of a personal interview. However, this may be dispensed insofar as, where there is no reasonable doubt as to the good faith of the applicant, the purpose of the journey or the applicant's actual intention of returning to the country of origin, a reputable and solvent entity, organising trips for groups, supplies the diplomatic mission or consular post with the necessary documentation and vouches, with reasonable reliability, for the applicant's good faith, the purpose of the journey and the applicant's actual intention of returning (see part III(4)).

It is both common and useful, particularly in countries with a large surface area, for private administrative agencies, travel agencies, and tour operators and their retailers to act as authorised intermediaries of the applicant. These commercial intermediaries are not uniform in nature as they do not enter into the same degree of commitment in relation to clients entrusting them with the processing of a visa; so that, the degree of solvency and reliability expected of them will, in principle, be directly proportional to their degree of involvement in the overall planning of the journey, accommodation, medical and travel insurance, and their responsibility for the client's return to the country of origin.

5.1. Types of intermediary

(a) The simplest type of intermediary are private administrative agencies, where the assistance given to the client involves only the supply of identity and other supporting documents on the client's behalf.

(b) A second type of commercial entity is that of transport agencies or local travel agencies, in some cases linked to air carriers, whether or not these are flag carriers, involved in scheduled or charter passenger transport. Their assistance to the client includes the supply of supporting documents as well as, where appropriate, ticket sales and hotel reservations.

(c) A third type of intermediary is constituted by tour organisers or operators, being natural or legal persons organising package tours on a non-occasional basis (preparation of travel documentation, transport, accommodation, other tourist services not ancillary to these elements, medical and travel insurance, internal transfers, etc.) which sell such package tours, or offer them for sale directly or via a retailer or travel agency contractually linked to the tour operator.

For the tour operator and the agency retailing the package trip, the visa applicant is no more than the consumer of the arranged trip, with the offer to process the visa application ng part of the arrangement. This third, complex type of intermediary service comprises several phases and facets which can be subject to objective monitoring: business documentation, management, the actual completion and destination of the trip, accommodation and scheduled group entries and exits.

5.2. Harmonisation of cooperation with private administrative agencies, travel agencies, tour operators and their retailers

(a) All diplomatic missions and consular posts located in the same city should endeavour to achieve harmonised application at local level of the guidelines set out below based on the type of intermediary role performed by the agencies concerned. Although it is for each diplomatic mission or consular post to decide whether or not to work with agencies, they must retain the option of withdrawing accreditation at any time if experience and the interests of a common visa policy so dictate. If a diplomatic mission or consular post decides to work with an agency, it must adhere to the working practices and procedures set out in this section.

— The consular posts of the Member States must be particularly vigilant and will cooperate closely in the evaluation and exceptional accreditation of private administrative agencies. The processing of their visa applications will be subject to meticulous examination, with checks being conducted in every case on the supporting documents of the visa holder and on those relating to the licence and entry in the commercial register of the private agency.

— For the evaluation of visa applications lodged by transport agencies or local travel agencies, particular attention must be paid to the circumstances of the applicant and the case-by-case verification of the supporting documents. The consular posts must cooperate closely, reinforcing their respective mechanisms for detecting irregularities in the agencies and in the carriers themselves, and, in support of those mechanisms, irregularities committed by agencies must be notified at the level of local and regional consular cooperation.

— The criteria governing the accreditation of travel agencies (tour operators and retailers) will,

inter alia

, take into account: the current licence, the commercial register, the company statutes, contracts with the banks which they use, up-to-date contracts with Community recipients of tourism services, which must include all the elements of the package trip (accommodation and tour package services), contracts with airlines, which must include outward and guaranteed, fixed return journeys, as well as the required medical and travel insurance. Visa applications lodged by these travel agencies must be carefully scrutinised.

(b) In the context of local consular cooperation, diplomatic missions and consular posts will also endeavour to harmonise working practices and procedures as well as the criteria for monitoring the proper functioning of private administrative agencies, travel agencies and tour organisers (tour operators and retailers). Such monitoring must at least comprise checks at any time on accreditation documentation, spot checks involving personal or telephone interviews with applicants, verification of trips and accommodation, and, wherever possible, verification of the documents relating to group return.

(c) There must be an intensive exchange of relevant information on the operation of private administrative agencies, travel agencies and tour organisers (tour operators and retailers): notification of irregularities detected, regular exchanges concerning refused visas, communication of detected forms of travel document fraud and failure to effect scheduled trips. Cooperation with private administrative agencies, travel agencies and tour organisers (tour operators and retailers) must be discussed at the regular meetings organised within the framework of common consular cooperation.

(d) At the level of local consular cooperation, lists must be exchanged of private administrative agencies, travel agencies and tour organisers (tour operators and retailers) to which accreditation has been given by each diplomatic mission or consular post or from which accreditation has been withdrawn, together with the reasons for any such withdrawal.

(e) Private administrative agencies, travel agencies and tour organisers (tour operators and retailers) must submit to the diplomatic missions and consular posts to which they are accredited the names of one or two staff authorised as intermediaries to lodge visa applications.

(1) Pursuant to Article 138 of the Convention, these provisions shall only apply to the European territory of the French Republic and the Kingdom of the Netherlands.

(2) In exceptional cases, short-term or transit visas may be issued at the border, pursuant to the conditions defined in part II, point 5 of the Common Manual on External Borders.

(3) In accordance with Council Decision 2002/585/EC of 12 July 2002 (

OJ L 187, 16.7.2002, p. 44

): ‘this Decision shall apply from the date of its publication in the

Official Journal of the European Communities

.’

(4) These reference amounts shall be fixed according to the arrangements laid down in part I of the Common Manual on External Borders.

(5) In the case of transit visas, the length of transit shall not exceed 5 days.

(6) In accordance with Council Decision 2002/586/CE of 12 July 2002 (

OJ L 187, 16.7.2002, p. 48

): ‘this Decision shall apply from the date of its publication in the

Official Journal of the European Communities

.’

(7) In accordance with Council Decision 2002/586/CE of 12 July 2002 (

OJ L 187, 16.7.2002, p. 48

): ‘this Decision shall apply from the date of its publication in the

Official Journal of the European Communities

.’

(8) In accordance with Council Decision 2002/586/CE of 12 July 2002 (

OJ L 187, 16.7.2002, p. 48

): ‘this Decision shall apply from the date of its publication in the

Official Journal of the European Communities

.’

(9) In accordance with Council Decision 2002/586/CE of 12 July 2002 (

OJ L 187, 16.7.2002, p. 48

): ‘this Decision shall apply from the date of its publication in the

Official Journal of the European Communities

.’

(10) In accordance with Council Decision 2002/44/EC of 20 December 2002 (

OJ L 20, 23.1.2002, p. 5

‘1.

this Decision shall apply as from 1 July 2004 at the latest.;

Member States may apply this Decision before 1 July 2004, provided that they notify the General Secretariat of the Council of the date from which they are in a position to do so;

if all the Member States apply this Decision before 1 July 2004, the General Secretariat of the Council shall publish in the

Official Journal of the European Communities

the date from which the last Member State applied the Decision.’

(11) In accordance with Council Decision 2002/585/EC of 12 July 2002 (

OJ L 187, 16.7.2002, p. 44

): ‘this Decision shall apply from the date of its publication in the

Official Journal of the European Communities

.’

ANNEX 1

Joint list of non-member countries whose citizens are required to have a visa by Member States bound by Regulation (EC) No 539/2001.

II.

Joint list of non-member countries whose citizens are exempt from the visa requirement by Member States bound by Regulation (EC) No 539/2001.

I. Joint list of non-member countries whose citizens are required to have a visa by Member States bound by Regulation (EC) No 539/2001.

1. States

AFGHANISTAN

ALBANIA

ALGERIA

ANGOLA

ANTIGUA AND BARBUDA

ARMENIA

AZERBAIJAN

BAHAMAS

BAHRAIN

BANGLADESH

BARBADOS

BELARUS

BELIZE

BENIN

BHUTAN

BOSNIA-HERZEGOVINA

BOTSWANA

BURKINA FASO

BURMA/MYANMAR

BURUNDI

CAMBODIA

CAMEROON

CAPE VERDE

CENTRAL AFRICAN REPUBLIC

CHAD

CHINA

COLOMBIA

COMOROS

CONGO

COTE D'IVOIRE

CUBA

DEMOCRATIC REPUBLIC OF THE CONGO

DJIBOUTI

DOMINICA

DOMINICAN REPUBLIC

EGYPT

EQUATORIAL GUINEA

ERITREA

ETHIOPIA

FIJI

FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)

FORMER YUGOSLAV REPUBLIC OF MACEDONIA

GABON

GAMBIA

GEORGIA

GHANA

GRENADA

GUINEA

GUINEA-BISSAU

GUYANA

HAITI

INDIA

INDONESIA

IRAN

IRAQ

JAMAICA

JORDAN

KAZAKHSTAN

KENYA

KIRIBATI

KUWAIT

KYRGYZSTAN

LAOS

LEBANON

LESOTHO

LIBERIA

LIBYA

MADAGASCAR

MALAWI

MALDIVES

MALI

MARSHALL ISLANDS

MAURITANIA

MAURITIUS

MICRONESIA

MOLDAVIA

MONGOLIA

MOROCCO

MOZAMBIQUE

NAMIBIA

NAURU

NEPAL

NIGER

NIGERIA

NORTH KOREA

NORTHERN MARIANAS (ISLANDS)

OMAN

PAKISTAN

PALAU

PAPUA NEW GUINEA

PERU

PHILIPPINES

QATAR

RUSSIA

RWANDA

SAMOA (WESTERN)

SAO TOME AND PRINCIPE

SAUDI ARABIA

SENEGAL

SEYCHELLES

SIERRA LEONE

SOLOMON ISLANDS

SOMALIA

SOUTH AFRICA

SRI LANKA

ST KITTS AND NEVIS

ST LUCIA

ST VINCENT AND THE GRENADINES

SUDAN

SURINAME

SWAZILAND

SYRIA

TADJIKISTAN

TANZANIA

THAILAND

TOGO

TONGA

TRINIDAD AND TOBAGO

TUNISIA

TURKEY

TURKMENISTAN

TUVALU

UGANDA

UKRAINE

UNITED ARAB EMIRATES

UZBEKISTAN

VANUATU

VIETNAM

YEMEN

ZAMBIA

ZIMBABWE

2. Entities and territorial authorities not recognised as States by at least one Member State

EAST TIMOR

PALESTINIAN AUTHORITY

TAIWAN

II. Joint list of non-member countries whose citizens are exempt from the visa requirement by Member States bound by Regulation (EC) No 539/2001.

1. States

ANDORRA

ARGENTINA

AUSTRALIA

BOLIVIA

BRAZIL

BRUNEI

BULGARIA

CANADA

CHILE

COSTA RICA

CROATIA

CYPRUS

CZECH REPUBLIC

ECUADOR

ESTONIA

GUATEMALA

HONDURAS

HUNGARY

ISRAEL

JAPAN

LATVIA

LITHUANIA

MALAYSIA

MALTA

MEXICO

MONACO

NEW ZEALAND

NICARAGUA

PANAMA

PARAGUAY

POLAND

ROMANIA

SALVADOR

SAN MARINO

SINGAPORE

SLOVAKIA

SLOVENIA

SOUTH KOREA

SWITZERLAND

UNITED STATES

URUGUAY

VATICAN CITY STATE

VENEZUELA

2. Special administrative regions of the People's Republic of China

HONG KONG S.A.R.(1)

MACAU S.A.R.(2)

(1) The visa exemption applies only to holders of a ‘Hong Kong Special Administrative Region’ passport.

(2) The visa exemption applies only to holders of a ‘Região Administrativa Especial de Macau’ passport.

ANNEX 2

Regulations governing the movement of holders of diplomatic, official duty and service passports, and holders of laissez-passers which certain International Intergovernmental Organisations issue to their officials.

I. Regulations governing movements at external borders

Movements of holders of diplomatic, official duty, and service passports are not governed by the common list of visa requirements. The Contracting States undertake, however, to keep their partners informed in advance of any changes that they intend to make to the regulations governing the movements of holders of the abovementioned passports and to take into account the interests of their partners.

Given the aim of increased flexibility in the run-up to harmonisation of the rules applied to holders of the abovementioned passports, a schedule of countries whose nationals are not subject to a visa requirement when they hold the abovementioned passports, although this visa requirement applies to ordinary passport holders of the same nationality, is annexed to the Common Consular Instructions, for information purposes. The reverse situation shall also be compiled in a schedule, should this be necessary. The Executive Committee shall assume responsibility for updating these lists.

The regulations governing movements mentioned in this document shall not apply to holders of ordinary passports carrying out public affairs nor holders of service, official or special passports, etc. where issue by non-member countries is not in line with the international practice applied by the Schengen States. Accordingly, the Executive Committee, acting on a proposal from a Group of Experts, could draw up a list of passports other than ordinary passports, to holders of which the Schengen States do not plan to accord preferential treatment.

Pursuant to the provisions of Article 18 of the Implementing Convention, persons to whom a visa is issued so that they may reach the territory of the Schengen State for the purposes of their accreditation may, at least, pass through the other States on their way to the State which issued the visa.

Persons who have already been accredited by a diplomatic or consular representation and members of their families who hold an identity card issued by the Ministry of Foreign Affairs may cross the external border of the Schengen area on production of the said identity card, and, where necessary, the travel document.

In general, the holders of diplomatic, official or service passports, even though they remain subject to a visa requirement, when this requirement exists, do not have to prove that they have sufficient means of subsistence at their disposal. However, if they are travelling in a personal capacity, they may, where necessary, be asked to produce the same supporting documents as are required from ordinary passport holders applying for visas.

note verbale

from the Ministry of Foreign Affairs or from a diplomatic mission (if the visa application is lodged in a third country) should accompany each application for a visa for a diplomatic, official duty or official passport when the applicant is on mission. Where the journey is for private purposes, a

note verbale

may also be requested.

8.1.

The arrangement for prior consultation with the central authorities of the other Contracting States shall apply to applications for visas made by holders of diplomatic, official and service passports. Prior consultation shall not involve any State which has concluded an agreement removing the visa requirement for holders of diplomatic and/or service passports with the country whose nationals are concerned by the consultation (in the cases contained in Annex 5 to these Instructions).

Should one of the Contracting States raise objections, the Schengen State which is to decide on the application for a visa can issue a visa of limited territorial validity.

8.2.

The Schengen States undertake not to conclude at a future date, without prior agreement with the other Member States, agreements in the area of removing visa requirements for holders of diplomatic, official or service passports with States whose nationals are subject to prior consultation for a visa to be issued by another Schengen State.

8.3.

If it involves a visa being issued for accrediting a foreigner who is listed as not to be granted entry and the arrangement for prior consultation applies, the consultation should be carried out in accordance with the provisions of Article 25 of the implementing Convention.

If a Contracting State invokes the exceptions provided for under Article 5(2) of the implementing Convention, granting entry to holders of diplomatic, official or service passports will also be limited to the national territory of the State in question, which should inform the other Member States.

II. Regulations governing movements at internal borders

In general, the arrangement under Articles 19 et seq. shall apply, except for the issue of a visa of limited territorial validity.

The holders of diplomatic, official and service passports may move within the territory of the Contracting States for three months from the date of entry (if they are not subject to the visa requirements) or for the period provided for by the visa.

Persons accredited by a diplomatic or consular representation and members of their families who hold the card issued by the Ministry for Foreign Affairs may move within the territory of the Contracting States for a maximum period of three months upon production of this card and, if required, the travel document.

III.

Regulations governing movements outlined in this document shall apply to laissez-passers issued by Intergovernmental International Organisations which all the Schengen States are members of to officials of those organisations who, pursuant to the Treaties constituting those Organisations, are exempt from registering with the Immigration Office and from holding a residence permit (see page 133 of the Common Manual).

Regulations governing movement of holders of diplomatic, official and service passports

SCHEDULE A

Countries whose nationals are NOT subject to a visa requirement in one or more Schengen States when they are holders of diplomatic, official or service passports, but which are subject to this requirement when they are holders of ordinary passports

BNL

FIN

ISL

Albania

Algeria

Angola

Antigua and Barbuda

Bahamas

Barbados

Benin

Bosnia Herzegovina

Botswana

Burkina Faso

Cape Verde

Chad

Colombia

Côte d'Ivoire

Dominica

Dominican Republic

Egypt

Federal Republic of Yugoslavia

Fiji

Former Yugoslav Republic of Macedonia

Gabon

Ghana

Gambia

Guyana

India

Jamaica

Kenya

Kuwait

Lesotho

Malawi

Maldives

Morocco

Mauritania

Mozambique

Namibiax

Namibia

Pakistan

Peru

Philippines

São Tomé and Príncipe

Senegal

Seychelles

South Africa

Swaziland

Thailand

Togo

Trinidad and Tobago

Tunisia

Turkey

Uganda

Western Samoa

Zimbabwe

DD: Holders of diplomatic and service passports are exempt from visa requirements.

D: Only holders of diplomatic passports are exempted from a visa requirement.

Schedule B

Countries whose nationals are subject to visas in one or more Schengen States, when they are holders of diplomatic, official or service passports, but which are NOT subject to this requirement when they are holders of ordinary passports

BNL

FIN

ISL

Israel

Mexico

United States of America

X(1)

(1) If travelling on official business.

ANNEX 3

Joint list of third countries whose nationals are subject to an airport transit visa requirement, where holders of travel documents issued by these third countries are also subject to this visa requirement

(1).

The Schengen States undertake not to amend Part I of Annex 3 without the prior consent of the other Member States.

If a Member State intends to amend Part II of this Annex, it undertakes to inform its partners and to take account of its interests.

Part I

Joint list of third countries whose nationals are subject to airport visa requirements (ATV) by all Schengen States, holders of travel documents issued by these third countries also being subject to this requirement

(2) (3)

AFGHANISTAN

BANGLADESH

CONGO (Democratic Republic)

ERITREA(4)

GHANA

IRAN(5)

IRAQ

NIGERIA

PAKISTAN

SOMALIA

SRI LANKA

These persons shall not be subject to the visa requirement if they hold one of the residence permits of an EEA Member State listed in Part III(A) of this Annex or one of the residence permits of Andorra, Japan, Canada, Monaco, San Marino, Switzerland or the United States of America guaranteeing an unqualified right of return listed in Part III(B).

The residence permits in question shall be laid down by mutual agreement in the framework of Working Group II Subgroup on visas and subjected to regular scrutiny. Should problems arise, the Schengen States may suspend these measures until such time as the problems in question have been resolved by mutual agreement. The Contracting States may exclude certain residence permits from the exemption when indicated in Part III.

Exemptions from the airport transit visa requirement for holders of diplomatic, official duty or other official passports shall be decided by each Member State individually.

Part II:

Joint list of third countries whose nationals are subject to an airport visa requirement by some Schengen States only, with holders of travel documents issued by these third countries also being subject to this requirement.

BNL(6)

E(7)

F(8)

I(9)

A(10)

FIN

ISL

Albania

X(11)

Angola

Côte d'Ivoire

Cuba

Egypt

X(11)

Gambia

Guinea

Guinea Bissau

Haiti

India

X(12)

X(13)

Indonesia

Jordan

Lebanon

X(11)

Liberia

Libya

Mali

Senegal

Sierra Leone

Sudan

Syria

X(14)

Togo

Turkey

X(13)

Part III:

List of residence permits of EEA States for which the holders are exempt from the airport transit visa requirement on presentation of the document:

IRELAND:

— Residence permit only in conjunction with a re-entry visa;

LIECHTENSTEIN:

— Livret pour étranger B (residence permit, sufficient within the period of validity of one year)(15);

— Livret pour étranger C (settlement permit, sufficient within the period of validity of five or 10 years).

UNITED KINGDOM:

— Leave to remain in the United Kingdom for an indefinite period (this document is only sufficient when the holder has not been away for more than two years);

— Certificate of entitlement to the right of abode.

List of residence permits with unlimited right of return on presentation of which the holders are exempt from the airport transit visa requirement:

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(15),

— Tarjeta de estancia y de trabajo (residence and work permit) (white). This permit is issued for six months and may be renewed for another year(15),

— Tarjeta de estancia (residence permit) (white). This permit is issued for 6 months and may be renewed for another year(15),

— Tarjeta temporal de residencia (temporary residence permit) (pink). This permit is issued for one year and may be renewed twice, each time for another year(15),

— Tarjeta ordinaria de residencia (ordinary residence permit) (yellow). This permit is issued for three years and may be renewed for another three years(15),

— Tarjeta privilegiada de residencia (special residence permit) (green). This permit is issued for five years and is renewable, each time for another five years,

— Autorización de residencia (residence authorisation) (green). This permit is issued for one year and is renewable, each time for another three years(15),

— Autorización temporal de residencia y de trabajo (temporary residence and work authorisation) (pink). This permit is issued for two years and may be renewed for another two years(15),

— Autorización ordinaria de residencia y de trabajo (ordinary residence and work authorisation) (yellow). This permit is issued for five 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:

— Returning Resident Permit (loose-leaf in passport);

JAPAN:

— Re-entry permit to Japan(15);

MONACO:

— Carte de séjour de résident temporaire de Monaco (temporary resident's permit)(16)

— 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 person of Monegasque nationality);

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));

SWITZERLAND:

— Livret pour étranger B (residence permit, sufficient within the period of validity of one year)(16)

— Livret pour étranger C (settlement permit, sufficient within the period of validity of five or 10 years);

UNITED STATES OF AMERICA:

— Form I-551 Permanent resident card (valid for two(16) to 10 years),

— Form I-551 Alien registration receipt card (valid for two(16) to 10 years),

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

— Form I-327 Re-entry document (valid for two years — issued to holders of a I-551)(16),

— Resident alien card (valid for two(16) or 10 years or no expiry date. This document is only sufficient when the holder was absent from the USA for not longer than one year),

— Permit to re-enter (valid for two years. This document is only sufficient when the holder was absent from the United States of America for not longer than two years)(16),

— Valid temporary residence stamp in a valid passport (valid for one year from the date of issue)(16).

(1) It is not necessary to consult the central authorities for the issue of an airport transit visa (ATV).

(2)

For all the Schengen States

The following persons shall be exempt from the ATV requirement:

— flight crew who are nationals of a Contracting Party to the Chicago Convention.

(3) For the Benelux countries, France and Spain

The following persons shall be exempt from the ATV requirement:

— holders of diplomatic and service passports.

(4) For Germany

Only where the nationals are not in possession of a valid visa or residence permit for a Member State of the EU or a State party to the Agreement on the European Economic Area of 2 May 1992, Canada, Switzerland or the United States of America.

(5) For Germany

The following persons shall be exempt from the ATV requirement:

— holders of diplomatic and service passports.

(6) Only when nationals are not in possession of a valid residence permit for the Member States of the EEA, the United States of America or Canada. Holders of diplomatic, service or special passports are also exempt.

(7) Holders of diplomatic, official and service passports are not subject to the ATV requirement. The same applies to holders of ordinary passports residing in a Member State of the EEA, the United States of America or Canada, or in possession of an entry visa valid for one of these countries.

(8) The following persons shall be exempt from the ATV requirement:

— holders of diplomatic and service passports,

— holders of one of the residence permits listed in Part III,

— flight crew who are nationals of a Contracting Party to the Chicago Convention.

(9) Only when nationals are not in possession of a valid residence permit for the Member States of the EEA, Canada or the United States of America.

(10) Aliens subject to transit visa obligations do not require an airport transit visa (ATV) for transit via an Austrian airport provided they hold one of the following documents that is valid for the length of the stay necessary for the transit:

— a residence permit issued by Andorra, Japan, Canada, Monaco, San Marino, Switzerland, the Holy See or the United States of America which guarantees the right to return,

— a visa or residence permit issued by a Schengen State for which the Accession Agreement has been brought into force,

— a residence permit issued by a Member State of the EEA.

(11) Only for holders of the travel document for Palestinian refugees.

(12) Indian nationals are not subject to the ATV requirement if they are holders of a diplomatic or service passport.

Indian nationals are also not subject to the ATV requirement if they are in possession of a valid visa or residence permit for a country of the EU or the EEA or for Canada, Switzerland or the United States of America. In addition, Indian nationals are not subject to the ATV requirement if they are in possession of a valid residence permit for Andorra, Japan, Monaco or San Marino and a re-entry permit for their country of residence valid for three months following their airport transit.

It should be noted that the exception concerning Indian nationals in possession of a valid residence permit for Andorra, Japan, Monaco or San Marino enters into force on the date of Denmark's integration into Schengen cooperation, i.e. on 25 March 2001.

(13) Only when nationals are not in possession of a valid visa or residence permit for a Member State of the EU or a State party to the Agreement on the European Economic Area of 2 May 1992, Canada, Switzerland or the United States of America.

(14) Also for holders of the travel document for Palestinian refugees.

(15) It is not necessary to consult the central authorities for the issue of an airport transit visa (ATV).

(16) This residence permit does not exempt the holder from the airport transit visa requirement in Germany.

ANNEX 4

List of documents entitling holders to entry without a visa

BELGIUM

— Carte d'identité d'étranger

Identiteitskaart voor vreemdelingen

Personalausweis für Ausländer

(Identity Card for foreigners)

— Certificat d'inscription au registre des étrangers

Bewijs van inschrijving in het vreemdelingenregister

Bescheinigung der Eintragung im Ausländerregister

(Certificate attesting to entry in foreigners' register)

— Special residence permits issued by the Ministry of Foreign Affairs:

— Carte d'identité diplomatique

Diplomatieke identiteitskaart

Diplomatischer Personalausweis

(Diplomat's identity card)

— Carte d'identité consulaire

Consulaire identiteitskaart

Konsularer Personalausweis

(Consular identity card)

— Carte d'identité spéciale — couleur bleue

Bijzondere identiteitskaart — blauw

Besonderer Personalausweis — blau

(Special identity card — blue in colour)

— Carte d'identité spéciale — couleur rouge

Bijzondere identiteitskaart — rood

Besonderer Personalausweis — rot

(Special identity card — red in colour)

— Certificat d'identité pour les enfants âgés de moins de cinq ans des étrangers privilégiés titulaires d'une carte d'identité diplomatique, d'une carte d'identité consulaire, d'une carte d'identité spéciale — couleur bleue ou d'une carte d'identité — couleur rouge

Identiteitsbewijs voor kinderen, die de leeftijd van vijf jaar nog niet hebben bereikt, van een bevoorrecht vreemdeling dewelke houder is van een diplomatieke identiteitskaart, consulaire identiteitskaart, bijzondere identiteitskaart — blauw of bijzondere identiteitskaar — rood

Identitätsnachweis für Kinder unter fünf Jahren, für privilegierte Ausländer, die Inhaber eines diplomatischen Personalausweises sind, konsularer Personalausweis, besonderer Personalausweis — rot oder besonderer Personalausweis — blau

(Identity card for children, under the age of five, of aliens who are holders of diplomatic identity cards, consular identity cards, blue special identity cards or red special identity cards)

— Certificat d'identité avec photografie délivré par une administration communale belge à un enfant de moins de douze ans

Door een Belgisch gemeentebestuur aan een kind beneden de 12 jaar afgegeven identiteitsbewijs met foto

Von einer belgischen Gemeindeverwaltung einem Kind unter dem 12. Lebensjahr ausgestellter Personalausweis mit Lichtbild

(Certificate of identity with photograph issued by Belgian communes to children under twelve)

— List of persons participating in a school trip within the European Union.

DENMARK

Residence cards

EF/EØS — opholdskort (EU/EEA residence card) (title on card)

— Kort A. Tidsbegrænset EF-/EØS-opholdsbevis (anvendes til EF-/EØS-statsborgere)

(Card A. Temporary EU/EEA residence permit used for EU/EEA citizens)

— Kort B. Tidsubegrænset EF-/EØS-opholdsbevis (anvendes til EF-/EØS-statsborgere)

(Card B. EU/EEA residence permit of unlimited duration used for EU/EEA citizens)

— Kort Karte K. Tidsbegrænset opholdstilladelse til tredjelandsstatsborgere, der meddeles opholdstilladelse efter EF-/EØS-reglerne

(Card K. Temporary residence permit for citizens of third countries who have been granted a residence permit under EU/EEA rules)

— Kort L. Tidsubegrænset opholdstilladelse til tredjelandsstatsborgere, der meddeles opholdstilladelse efter EF-/EØS-reglerne

(Card L. Residence permit of unlimited duration for citizens of non-member countries who have been granted a residence permit under EU/EEA rules)

Residence permits (title on card)

— Kort C. Tidsbegrænset opholdstilladelse til udlændinge, der er fritaget for arbejdstilladelse

(Card C. Temporary residence permit for aliens who are not required to have a work permit)

— Kort D. Tidsubegrænset opholdstilladelse til udlændinge, der er fritaget for arbejdstilladelse

(Card D. Residence permit of unlimited duration for aliens who are not required to have a work permit)

— Kort E. Tidsbegrænset opholdstilladelse til udlændinge, der ikke har ret til arbejde

(Card E. Temporary residence permit for aliens who do not have the right to work)

— Kort F. Tidsbegrænset opholdstilladelse til flygtninge — er fritaget for arbejdstilladelse

(Card F. Temporary residency permit for refugees, not required to have a work permit)

— Kort G. Tidsbegrænset opholdstilladelse til EF/EØS — statsborgere, som har andet opholdsgrundlag end efter EF-reglerne — er fritaget for arbejdstilladelse

(Card G. Temporary residence permit for EU/EEA citizens who have a basis for residence other than that deriving from the EU rules, not required to have a work permit)

— Kort H. Tidsubegrænset opholdstilladelse til EF/EØS — statsborgere, som har andet opholdsgrundlag end efter EF-reglerne — er fritaget for arbejdstilladelse

(Card H. Residence permit of unlimited duration for EU/EEA citizens who have a basis for residence other than that deriving from the EU rules, not required to have a work permit)

— Kort J. Tidsbegrænset opholds- og arbejdstilladelse til udlændinge

(Card J. Temporary residence and work permit for aliens)

Since 14 September 1998 Denmark has issued new residence pemits in credit-card format.

There are still some valid residence permits of types B, D and H in circulation which were issued in another format. These cards are made of laminated paper, measure approximately 9 cm × 13 cm and bear a pattern of the Danish coat of arms in white. For Card B, the background colour is beige, for Card D it is light pink and for Card H light mauve.

Stickers to be affixed to passports, bearing the following wording:

— Sticker B. — Tidsbegrænset opholdstilladelse til udlændinge, der ikke har ret til arbejde

(Sticker B. Temporary residence permit for aliens who do not have the right to work)

— Sticker C. — Tidsbegrænset opholds- og arbejdstilladelse

(Sticker C. Temporary residence and work permit)

— Sticker D. — Medfølgende slægtninge (opholdstilladelse til børn, der er optaget i forældres pas)

(Sticker D. Accompanying relatives (residence permit for children who are included in their parents' passport)

— Sticker H. — Tidsbegrænset opholdstilladelse til udlændinge, der er fritaget for arbejdstilladelse

(Sticker H. Temporary residence permit for aliens who are not required to have a work permit)

Stickers issued by the Ministry of Foreign Affairs:

— Sticker E — Diplomatisk visering

(Sticker E — diplomatic visa)

Issued to diplomats and the members of their family who appear on the diplomatic lists, and to staff of equivalent rank at the international organisations in Denmark. Valid for residence and for multiple entry for as long as the person concerned is on the diplomatic lists in Copenhagen).

— Sticker F — Opholdstilladelse

(Sticker F — residence permit)

Issued to seconded technical or administrative staff and members of their family and to domestic servants of diplomats on secondment from the Ministry of Foreign Affairs of the State of origin with a service passport. Also issued to staff of equivalent rank at the international organisation in Denmark. Valid for residence and multiple entry for the duration of the mission.

— Sticker S (i kombination med sticker E eller F)

(Sticker S (in combination with Sticker E or F)

Residence permit for accompanying close relatives, where they are included in the passport.

It should be noted that identity cards for foreign diplomats, technical or administrative staff, domestic servants etc. issued by the Ministry of Foreign Affairs do not give the holder the right to enter the territory without a visa, since such identity cards are not proof of permission to reside in Denmark.

GERMANY

— Aufenthaltserlaubnis für die Bundesrepublik Deutschland

(Residence permit for the Federal Republic of Germany)

— Aufenthaltserlaubnis für Angehörige eines Mitgliedstaates der EWG

(Residence permit for EC nationals)

— Aufenthaltsberechtigung für die Bundesrepublik Deutschland

(Residence permit for the Federal Republic of Germany)

— Aufenthaltsbewilligung für die Bundesrepublik Deutschland

(Residence authorisation for the Federal Republic of Germany)

— Aufenthaltsbefugnis für die Bundesrepublik Deutschland

(Residence permit for the Federal Republic of Germany)

These residence permits only entitle entry without a visa when they are inserted in a passport or issued in connection with a passport as an authorisation replacing a visa. They do not entitle entry without a visa if they are issued instead of a national identity document.

The document for a deferred expulsion measure ‘Aussetzung der Abschiebung (Duldung)’ and the temporary residence authorisation for asylum-seekers ‘Aufenthaltsgestattung für Asylbewerber’ does not entitle entry without a visa either.

— Special residence permits issued by the Ministry of Foreign Affairs:

— Diplomatenausweis

(Diplomat's pass) (red in colour)

— Ausweis für bevorrechtigte Personen

(VIP pass) (blue in colour)

— Ausweis

(Pass) (yellow in colour)

— Ausweis

(Pass) (dark red in colour)

— Personalausweis

(Identity Card) (green in colour)

— Special residence permits issued by the

Länder

— Ausweis für Mitglieder des Konsularkorps

(Pass for members of the consular corps) (white in colour)

— Ausweis

(Pass) (grey in colour)

— Ausweis für Mitglieder des Konsularkorps

(Pass for members of the consular corps) (white with green stripes)

— Ausweis

(Pass) (yellow in colour)

— Ausweis

(Pass) (green in colour)

— New residence permits in card format (ID card format) issued by the Ministry of Foreign Affairs:

— Diplomatenausweis (diplomatic ID card) and — Diplomatenausweis Artikel 38 WÜD (diplomatic ID card pursuant to Article 38 of the Vienna Convention on Diplomatic Relations)

— These documents are equivalent to the old red diplomat's passes and bear the letter ‘D’ on the back.

— Protokollausweis für Verwaltungspersonal (protocol pass for administrative staff)

— This document is equivalent to the old blue pass for seconded members of the administrative and technical staff of the missions and bears the letters ‘VB’ on the back.

— Protokollausweis für dienstliches Hauspersonal (protocol pass for service staff)

— This document is equivalent to the old blue pass for seconded members of the service staff of the mission and bears the letters ‘DP’ on the back.

— Protokollausweis für Ortskräfte (protocol pass for local staff)

— This document is equivalent to the old yellow pass for locally hired employees of the missions and bears the letters ‘OK’ on the back.

— Protokollausweis für privates Hauspersonal (protocol pass for private servants)

— This document is equivalent to the old green pass for private servants for seconded members of the missions and bears the letters ‘PP’ on the back.

— Sonderausweis für Mitarbeiter internationaler Organisationen

(Special card issued to members of staff of international organisations)

— This document is equivalent to the old dark red special pass for members of staff of international organisations and bears the letters ‘IO’ on the back.

The respective privileges are indicated on the back of the pass.

— List of persons participating in a school trip within the European Union.

GREECE

— Άδεια παραμονής αλλοδαπού για εργασία

(Work permit)

— Άδεια παραμονής μελών οικογενείας αλλοδαπού

(Residence permit issued for family reunion)

— Άδεια παραμονής αλλοδαπού για σπουδές

(Residence permit for study purposes)

— Άδεια παραμονής αλλοδαπού (χρώμα λευκό)

(Alien's residence permit) (white) (This document is issued to aliens who are married to Greek nationals; it is valid for one year and can be extended for as long as the marriage lasts)

— Άδεια παραμονής αλλοδαπού (χρώμα μπεζ-κίτρινο)

(Alien's residence permit) (beige-yellow) (This document is issued to all aliens who are legally resident in Greece. It is valid for between one and five years)

— Άδεια παραμονής αλλοδαπού (χρώμα λευκό)

(Alien's residence permit) (white) (This document is issued to persons recognised as refugees under the 1951 Geneva Convention)

— Δελτίο ταυτότητας αλλοδαπού (χρώμα πράσινο)

(Alien's identity card) (green) (This document is issued only to aliens of Greek descent; it may be valid for either two or five years)

— Ειδικό δελτίο ταυτότητας ομογενούς (χρώμα μπεζ)

(Special identity card for aliens of Greek descent) (beige) (This document is issued to Albanian nationals of Greek descent; it is valid for three years. The card is also issued to their spouses and descendants of Greek origin, regardless of nationality, provided there is official documentation of some kind to prove their family ties)

— Ειδικό δελτίο ταυτότητας ομογενούς (χρώμα ροζ)

(Special identity card for aliens of Greek descent) (pink) (This document is issued to aliens of Greek descent from the former USSR. It is valid indefinitely)

— Δελτίο ταυτότητας διπλωματικού υπαλλήλου (χρώμα λευκό)

(Identity card for diplomatic officials) (white)

Δελτίο ταυτότητας προξενικού υπαλλήλου

(Identity card for consular officials) (white)

Δελτίο ταυτότητας υπαλλήλου διεθνούς οργανισμού

Identity card for officials of international organisations) (white)

Δελτίο ταυτότητας διοικητικού υπαλλήλου διπλωματικής αρχής

Identity card for administrative officials of diplomatic authorities) (blue)

— List of persons participating in a school trip within the European Union

Note:

The first four categories of document will remain valid until their expiry date. They ceased to be issued on 2 June 2001.

SPAIN

Holders of a valid re-entry authorisation will be allowed entry without a visa.

Residence permits entitling aliens who for reasons of nationality, would normally be subject to a visa requirement to enter Spanish territory without a visa are as follows:

— Permiso de residencia inicial

(Initial residence permit)

— Permiso de residencia ordinario

(Ordinary residence permit)

— Permiso de residencia especial

(Special residence permit)

— Tarjeta de estudiante

(Student card)

— Permiso de residencia tipo A

(Type A residence permit)

— Permiso de residencia tipo b

(Type b residence permit)

— Permiso de trabajo y de residencia tipo B

(Type B work and residence permit)

— Permiso de trabajo y de residencia tipo C

(Type C work and residence permit)

— Permiso de trabajo y de residencia tipo d

(Type d work and residence permit)

— Permiso de trabajo y de residencia tipo D

(Type D work and residence permit)

— Permiso de trabajo y de residencia tipo E

(Type E work and residence permit)

— Permiso de trabajo fronterizo tipo F

(Type F border work permit)

— Permiso de trabajo y residencia tipo P

(Type P work and residence permit)

— Permiso de trabajo y residencia tipo Ex

(Type Ex work and residence permit)

— Tarjeta de reconocimiento de la excepción a la necesidad de obtener permiso de trabajo y permiso de residencia (articulo 16 de la Ley n

7/85)

(Pass recognising exemption from the need to obtain a work and residence permit — Article 16 Law 7/85)

— Permiso de residencia para refugiados

(Residence permit for refugees)

— Lista de personas que participan en un viaje escolar dentro de la Unión Europea

(List of persons participating in a school trip within the European Union)

— Tarjeta de familiar residente comunitario

(Pass for relatives of a Community resident)

— Tarjeta temporal de ramiliar de residente comunitario

(Temporary pass for relatives of a Community resident)

The holders of the following valid accreditation cards issued by the Ministry of Foreign Affairs may enter without a visa:

— Tarjeta especial (Special pass, red in colour), on the cover it reads ‘Cuerpo diplomático. Embajador. Documento de identidad’ (Diplomatic corps. Ambassador. Identity document), issued to accredited ambassadors

— Tarjeta especial (Special pass, red in colour), on the cover it reads ‘Cuerpo diplomático. Documento de identidad’ (Diplomatic corps. Identity document), issued to staff accredited to diplomatic missions who have diplomatic status. An F is added to the document when issued to spouses or children

— Tarjeta especial (Special pass, yellow in colour), on the cover it reads ‘Misiones diplomáticas. Personal administrativo y técnico. Documento de identidad’ (Diplomatic missions. Administrative and technical staff. Identity document), issued to administrative officials at accredited diplomatic missions. An F is added to the document when issued to spouses or children

— Tarjeta especial (Special pass, red in colour), on the cover it reads ‘Tarjeta diplomática de identidad’ (Diplomatic identity card), issued to staff with diplomatic status at the office of the League of Arab Nations and to staff accredited to the office of the Palestinian General Mission (Oficina de la Delegación General). An F is added to the document when issued to spouses or children

— Tarjeta especial (Special pass, red in colour), on the cover it reads ‘Organismos internacionales. Estatuto diplomático. Documento de identidad’ (International organisations. Diplomatic status. Identity document), issued to staff with diplomatic status accredited to International Organisations. An F is added to the document when issued to spouses or children

— Tarjeta especial (Special pass, blue in colour), on the cover it reads ‘Organismos internacionales. Personal administrativo y técnico. Documento de identidad’ (International Organisations. Administrative and technical staff. Identity document), issued to administrative officials accredited to International Organisations. An F is added to the document when issued to spouses or children

— Tarjeta especial (Special pass, green in colour), on the cover it reads ‘Funcionario consular de carrera. Documento de identidad’ (Career Consular Official. Identity document), issued to career consular officials accredited in Spain. An F is added to the document when issued to spouses or children

— Tarjeta especial (Special pass, green in colour), intitled ‘Empleado consular. Emitido a … Documento de identidad’ (Consular employee. Issued on behalf of ... Identity document), issued to consular administrative officials accredited in Spain. An F is added to the document when issued to spouses or children

— Tarjeta especial (Special pass, grey in colour), intitled ‘Personal de servicio. Missiones diplomáticas, oficinas consulares y organismos internacionales. Emitido a … Documento de identidad’ (Service duty staff. Diplomatic missions, consular posts and international organisations. Issued on behalf of ... Identity document). This is issued to staff working in the domestic service of diplomatic missions, consular posts and international organisations (service duty staff) and staff with career diplomatic or consular status (special servants). An F is added to the document when issued to spouses or children.

FRANCE

Adult aliens should be in possession of the following documents:

— Carte de séjour temporaire comportant une mention particulière qui varie selon le motif du séjour autorisé

(A temporary Residence Permit containing particular details which will vary in accordance with the grounds for the authorised stay)

— Carte de résident

(Resident's card)

— Certificat de résidence d'Algérien comportant une mention particulière qui varie selon le motif du séjour autorisé (1 an, 10 ans)

(Algerian Residence Certificate marked according to the grounds for the authorised stay) (one year, 10 years)

— Certificat de résidence d'Algérien portant la mention ‘membre d'un organisme officiel’ (2 ans)

(Algerian Residence Certificate marked ‘member of an official organisation’) (two years)

— Carte de séjour des Communautés européennes (1 an, 5 ans, 10 ans)

(European Communities Residence Permit) (one year, five/10 years)

— Carte de séjour de l'Espace économique européen

(European Economic Area Residence Permit)

— Cartes officielles valant de titre de séjour, délivrées par le ministère des affaires étrangères

(Official permits with the same status as residence permits issued by the Ministry of Foreign Affairs)

— Titres de séjour spéciaux (special residence permits)

— Titre de séjour spécial portant la mention CMD/A délivré aux chefs de mission diplomatique

(Special residence permit with the heading ‘CMD/A’ issued to heads of diplomatic missions)

— Titre de séjour spécial portant la mention CMD/M délivré aux chefs de mission d'organisations internationales

(Special residence permit with the heading ‘CMD/M’ issued to heads of mission of international organisations)

— Titre de séjour spécial portant la mention CMD/D délivré aux chefs d'une délégation permanente auprès d'une organisation internationale

(Special residence permit with the heading ‘CMD/D’ issued to heads of permanent delegations to international organisations)

— Titre de séjour spécial portant la mention CD/A délivré aux agents du corps diplomatique

(Special residence permit with the heading ‘CD/A’ issued to diplomatic officials)

— Titre de séjour spécial portant la mention CD/M délivré aux hauts fonctionnaires d'une Organisation internationale

(Special residence permit with the heading ‘CD/M’ issued to senior officials of an international organisation)

— Titre de séjour spécial portant la mention CD/D délivré aux assimilés diplomatiques membres d'une délégation permanente auprès d'une organisation internationale

(Special residence permit with the heading ‘CD/D’ issued to officials comparable to diplomatic officials who are members of permanent delegations to international organisations)

— Titre de séjour spécial portant la mention CC/C délivré aux fonctionnaires consulaires

(Special residence permit with the heading ‘CC/C’ issued to consular officials)

— Titre de séjour spécial portant la mention AT/A délivré au personnel administratif ou technique d'une ambassade

(Special residence permit with the heading ‘AT/A’ issued to administrative or technical staff of an Embassy)

— Titre de séjour spécial portant la mention AT/C délivré au personnel administratif ou technique d'un consulat

(Special residence permit with the heading ‘AT/C’ issued to administrative or technical staff of a Consulate)

— Titre de séjour spécial portant la mention AT/M délivré au personnel administratif ou technique d'une organisation internationale

(Special residence permit with the heading ‘AT/M’ issued to administrative or technical staff of an international organisation)

— Titre de séjour spécial portant la mention AT/D délivré au personnel administratif ou technique d'une délégation auprès d'une organisation internationale

(Special residence permit with the heading ‘AT/D’ issued to administrative or technical staff of a delegation to an international organisation)

— Titre de séjour spécial portant la mention SE/A délivré au personnel de service d'une ambassade

(Special residence permit with the heading ‘SE/A’ issued to service staff of an Embassy)

— Titre de séjour spécial portant la mention SE/C délivré au personnel de service d'un consulat

(Special residence permit with the heading ‘SE/C’ issued to service staff of a Consulate)

— Titre de séjour spécial portant la mention SE/M délivré au personnel de service d'une organisation internationale

(Special residence permit with the heading ‘SE/M’ issued to service staff of an international organisation)

— Titre de séjour spécial portant la mention SE/D délivré au personnel de service d'une délégation auprès d'une organisation internationale

(Special residence permit with the heading ‘SE/D’ issued to service staff of a delegation to an international organisation)

— Titre de séjour spécial portant la mention PP/A délivré au personnel privé d'un diplomate

(Special residence permit with the heading ‘PP/A’ issued to private staff of a diplomat)

— Titre de séjour spécial portant la mention PP/C délivré au personnel privé d'un fonctionnaire consulaire

(Special residence permit with the heading ‘PP/C’ issued to private staff of a consular official)

— Titre de séjour spécial portant la mention PP/M délivré au personnel privé d'un membre d'une organisation internationale

(Special residence permit with the heading ‘PP/M’ issued to private staff of a member of an international organisation)

— Titre de séjour spécial portant la mention PP/D délivré au personnel privé d'un membre d'une délégation permanente auprès d'une organisation internationale

(Special residence permit with the heading ‘PP/D’ issued to private staff of a member of a permanent delegation at an international organisation)

— Titre de séjour spécial portant la mention EM/A délivré aux enseignants ou militaires à statut spécial attachés auprès d'une ambassade

(Special residence permit with the heading ‘EM/A’ issued to teachers or military staff with special status attached to an Embassy)

— Titre de séjour spécial portant la mention EM/C délivré aux enseignants ou militaires à statut spécial attachés auprès d'un consulat

(Special residence permit with the heading ‘EM/C’ issued to teachers or military staff with special status attached to a Consulate)

— Titre de séjour spécial portant la mention EF/M délivré aux fonctionnaires internationaux domiciliés à l'étranger

(Special residence permit with the heading ‘EF/M’ issued to international officials domiciled abroad)

— Monegasque permits

— Carte de séjour de résident temporaire de Monaco

(temporary resident's permit);

— Carte de séjour de résident ordinaire de Monaco

(ordinary resident's permit);

— Carte de séjour de résident privilégié de Monaco

(privileged resident's permit);

— Carte de séjour de conjoint de ressortissant monégasque

(residence permit for the spouse of a person of Monegasque nationality).

Aliens who are minors should be in possession of the following documents:

— Document de circulation pour étrangers mineurs

(Travel document for alien minors)

— Visa de retour (sans condition de nationalité et sans présentation du titre de séjour, auquel ne sont pas soumis les enfants mineurs)

(Return visas) (alien minors are not subject to nationality conditions or to production of residence permits)

— Passeport diplomatique/de service/ordinaire des enfants mineurs des titulaires d'une carte spéciale du ministère des affaires étrangères revêtu d'un visa de circulation

(Diplomatic/official duty/ordinary passposts for minors who are childern of holders of a Special Pass issued by the Ministry of Foreign Affairs containing a travel visa).

List of persons participating in a school trip within the European Union.

Note 1:

It should be noted that acknowledgements of first-time applications for residence permits do not give entitlement to entry without a visa. In contrast, acknowledgements of requests to renew residence permits, or to amend permits are considered valid, when these are accompanied by the old permit.

Note 2:

The ‘certificate of duty’ issued at the discretion of the Ministry of Foreign Affairs does not constitute a replacement for a residence permit. Holders must also be in possession of one of the ordinary law residence permits.

ITALY

— Carta di soggiorno (validità illimitata)

(Residence Permit) (unlimited validity)

— Permesso di soggiorno con esclusione delle sottoelencate tipologie:

(Residence permit with the exception of the following:)

Permesso di soggiorno provvisorio per richiesta asilo politico ai sensi della Convenzione di Dublino

(Provisional residence permit for political asylum seekers pursuant to the Dublin Convention)

Permesso di soggiorno per cure mediche

(Residence permit for medical treatment)

Permesso di soggiorno per motivi di giustizia

(Residence permit for legal reasons)

— Carta d'identità MAE:

(Identity Card issued by the Ministry of Foreign Affairs)

— Mod. 1 (blu) Corpo diplomatico accreditato e consorti titolari di passaporto diplomatico

(Model 1 (blue) Accredited members of the diplomatic corps and their spouses who hold a diplomatic passport)

— Mod. 2 (verde) Corpo consolare titolare di passaporto diplomatico

(Model 2 (green) Members of the consular corps who hold a diplomatic passport)

— Mod. 3 (arancione) Funzionari II FAO titolari di passaporto diplomatico, di servizio o ordinario

(Model 3 (orange) Category II FAO officials who hold a diplomatic, service or ordinary passport)

— Mod. 4 (arancione) Impiegati tecnico-ammistrativi presso rappresentanze diplomatiche titolari di passaporto di servizio

(Model 4 (orange) Technical and administrative staff of diplomatic representations who hold a service passport)

— Mod. 5 (arancione) Impiegati consolari titolari di passaporto di servizio

(Model 5 (orange) Consular staff who hold a service passport)

— Mod. 7 (grigio) Personnale di servizio presso rappresentanze diplomatiche titolare di passaporto di servizio

(Model 7 (grey) Domestic staff of diplomatic representations who hold a service passport)

— Mod. 8 (grigio) Personale di servizio presso rappresentanze consolari titolare di passaporto di servizio

(Model 8 (grey) Domestic staff of consular representations who hold a service passport)

— Mod. 11 (beige) Funzionari delle organizzazioni internazionali, consoli onorari, impiegati locali, personale di servizio assunto all'estero e venuto al seguito, familiari corpo diplomatico e organizzazioni internazionali titolari di passaporto ordinario

(Model 11 (beige) Officials of international organisations, honorary consuls, local employees, domestic staff recruited abroad who have followed their employer, families of members of the diplomatic corps and international organisations who hold an ordinary passport)

N.B.:

Models 6 (orange) and 9 (green) for, respectively, staff of international organisations who have no immunity and foreign honorary consuls, are no longer issued and have been replaced by model 11. However, these documents remain valid until the expiry date stated on them.

— List of persons participating in a school trip within the European Union.

LUXEMBOURG

— Carte d'identité d'étranger

(Alien's identity card)

— Autorisation de séjour provisoire apposée dans le passeport national

(Provisional residence authorisation affixed in national passports)

— Carte diplomatique délivrée par le ministère des affaires étrangères

(Diplomat's pass issued by the Ministry of Foreign Affairs)

— Titre de légitimation délivré par le ministère des affaires étrangères au personnel administratif et technique des Ambassades

(Certificate issued by the Ministry of Foreign Affairs to the Embassy's administrative and technical staff)

— Titre de légitimation délivré par le ministère de la justice au personnel des institutions et organisations internationales établies au Luxembourg

(Certificate issued by the Ministry for Justice to the staff of institutions and international organisations based in Luxembourg)

— List of persons participating in a school trip within the European Union.

THE NETHERLANDS

— Documents take the following forms:

— Vergunning tot vestiging (Model A)

(Authorisation to settle)

— Toelating als vluchteling (Model B)

(Admission document for refugees)

— Verblijf voor onbepaalde duur (Model C)

(Residence Permit for an indefinite period)

— Vergunning tot verblijf (Model D)

(Residence authorisation)

— Voorwaardelijke vergunning tot verblijf (Model D met aantekening ‘voorwaardelijk’)

(Conditional Residence Authorisation)

— Verblijfskaart van een onderdaan van een lidstaat der EEG (Model E)

(Residence Permit for EC nationals)

— Vergunning tot verblijf (in de vorm van een stempel in het paspoort)

(Residence Authorisation (in the form of a stamp in a passport)

— Vreemdelingendocument with the codes A, B, C, D, E, F1, F2 or F3

(Document for aliens)

— Legitimatiebewijs voor leden van diplomatieke of consulaire posten

(Identity document for members of diplomatic missions and consular posts)

— Legitimatiebewijs voor ambtenaren met een bijzondere status

(Identity document for officials with a special status)

— Legitimatiebewijs voor ambtenaren van internationale organisaties

(Identity document for officials of international organisations)

— Identiteitskaart voor leden van internationale organisaties waarvan de zetel in Nederland is gevestigd

(Identity Card for members of international organisations with which the Netherlands has concluded a headquarters agreement)

— Visum voor terugkeer

(Return visas)

— List of persons participating in a school trip within the European Union.

Comment on indents 1 and 2

The issue of residence documents mentioned under indents 1 and 2 has stopped since 1 March 1994 (the issue of Model D and the affixing of stamps in passports came to an end on 1 June 1994). Documents already in circulation will remain valid until 1 January 1997 at the latest.

Comment on indent 3

Issue of the document for aliens has been effective since 1 March 1994. This document in the form of a credit card will gradually replace the residence authorisations mentioned in indents 1 and 2. The code corresponding to the category of residence will be retained.

The document for aliens marked with the code E will be issued both to EC nationals and to nationals of Contracting States to the European Economic Area Agreement.

Conditional residence authorisations are marked with codes F1, F2 or F3.

Comment on indent 7

List of international organisations with offices in the Netherlands whose members (including family members) hold identity papers not issued by the Ministry for Foreign Affairs

European Space Agency (ESA)

European Patent Office (EPO)

International Tea Promotion Association (ITPA)

International Service for National Agricultural Research (ISNAR)

Technical Centre for Agricultural and Rural Cooperation (CTA)

United Nations University Institute for New Technologies (UNU-INTECH)

African Management Services Company (AMSCO).

AUSTRIA

— Aufenthaltstitel in Form der Vignette entsprechend der Gemeinsamen Maßnahme der Europäischen Union vom 16. Dezember 1996 zur einheitlichen Gestaltung der Aufenthaltstitel

(Residence permit in the form of a sticker in accordance with the EU Joint Action of 16 December 1996 concerning a uniform format for residence permits)

(As from 1 January 1998 residence permits will be issued and extended in this form only. The following will be entered under ‘Type of Permit’: Niederlassungsbewilligung (Permanent residence permit); Aufenthaltserlaubnis (Residence permit) ‘Befr. Aufenthaltsrecht’ (Temporary residence permit).

— Residence permits issued before 1 January 1998 on the basis of the validity indicated, including unlimited validity:

(Wiedereinreise — Sichvermerk oder Einreise — Sichtvermerk; wurden bis 31.12.1992 von Inlandsbehörden, aber auch von Vertretungsbehörden in Form eines Stempels ausgestellt;

Re-entry visas or entry visas issued by the Austrian authorities until 31.12.1992, but also in the form of a stamp by the representing authorities;

Gewöhnlicher Sichtvermerk; wurde vom 1.1.1993 bis 31.12.1997 in Form einer Vignette — ab 1 September 1996 entsprechend der Verordnung (EG) Nr. 1683/95 — ausgestellt;

(Ordinary visa: issued between 1 January 1993 and 31 December 1997 in the form of a sticker — as from 1 September 1996 in accordance with Regulation (EC) No 1683/95)

Aufenthaltsbewilligung; wurde vom 1.1.1993 bis 31.12.1997 in Form einer speziellen Vignette ausgestellt);

(Residence permit: issued between 1 January 1993 and 31 December 1997, in the form of a special sticker)

— Konventionsreisepass, ausgestellt ab 1.1.1993

(Travel document, issued as of 1 January 1993)

— Legitimationskarten für Träger von Privilegien und Immunitäten in den Farben rot, gelb und blau, ausgestellt vom Bundesministerium für auswärtige Angelegenheiten

(Accreditation pass for the bearers of privileges and immunities in red, yellow and blue issued by the Ministry for Foreign Affairs)

— List of pupils participating in school trips within the European Union

The following are not valid as residence permits and therefore do not entitle the holder to visa-free entry into Austria:

— Lichtbildausweis für Fremde gemäß § 85 Fremdengesetz 1997

(Alien's identity card with photograph pursuant to paragraph 85 of the 1997 Aliens Act)

— Durchsetzungsaufschub und Abschiebungsaufschub nach Aufenthaltsverbot oder Ausweisung

(Stay of execution and stay of deportation following an exclusion order or expulsion order)

— Bewilligung zur Wiedereinreise trotz bestehenden Aufenthaltsverbots, in Form eines Visums erteilt, jedoch als eine solche Bewilligung gekennzeichnet

(Authorisation of re-entry, despite existing exclusion order, issued in the form of a visa indicating that it is an authorisation of this kind)

— Vorläufige Aufenthaltsberechtigung gemäß § 19 Asylgesetz 1997 bzw. § 7 AsylG 1991

(Provisional residence permit pursuant to paragraph 19 of the 1997 Asylum Act or paragraph 7 of the 1991 Asylum Act)

— Befristete Aufenthaltsberechtigung gemäß § 15 Asylgesetz 1997 bzw. § 8 AsylG 1991, als Duldung des Aufenthalts trotz abgelehntem Asylantrag

(Temporary residence permit pursuant to paragraph 15 of 1997 Asylum Act or paragraph 8 of the 1991 Asylum Act, tolerating the stay despite the rejection of the application for asylum).

PORTUGAL

— Cartão de Identidade (emitido pelo Ministério dos Negócios Estrangeiros) (Identity card issued by the Ministry of Foreign Affairs)

Corpo consular, chefe de missão

(Consular corps, Head of mission)

— Cartão de Identidade (emitido pelo Ministério dos Negócios Estrangeiros) (Identity card issued by the Ministry of Foreign Affairs)

Corpo consular, funcionário de missão

(Consular corps, official mission)

— Cartão de Identidade (emitido pelo Ministério dos Negócios Estrangeiros)

(Identity card issued by the Ministry of Foreign Affairs)

Pessoal auxiliar de missão estrangeira

(Auxiliary staff working in a foreign mission)

— Cartão de Identidade (emitido pelo Ministério dos Negócios Estrangeiros)

(Identity card issued by the Ministry of Foreign Affairs)

Funcionário Admnistrativo de Missão Estrangeira

(Administrative officer working in a foreign mission)

— Cartão de Identidade, emitido pelo Ministério dos Negócios Estrangeiros

(Identity card issued by the Ministry of Foreign Affairs)

Corpo diplomático, chefe de missão

(Diplomatic Corps, Head of mission)

— Cartão de Identidade, emitido pelo Ministério dos Negócios Estrangeiros

(Identity card issued by the Ministry of Foreign Affairs)

Corpo diplomático, funcionário de missão

(Diplomatic Corps, official mission)

— Título de residência (1 ano)

(Residence permit — one year)

— Título de residência anual (1 ano)

(Annual residence permit — one year)

— Título de residência anual (cor de laranja)

(Annual residence permit — orange in colour)

— Título de residência temporário (5 anos)

(Temporary residence permit — five years)

— Título de residência vitalício

(Residence permit valid for life)

— Cartão de residência de nacional de um Estado-Membro da Comunidade Europeia

(National residence permit of an EC Member State)

— Cartão de residência temporário

(Temporary residence permit)

— Cartão de residência

(Residence permit)

— Autorização de residência provisório

(Provisional residence authorisation)

— Título de identidade de refugiado

(Refugee identity document).

FINLAND

— Pysyvä oleskelulupa

(Permanent residence permit) in the form of a sticker

— Oleskelulupa tai oleskelulupa ja työlupa

(Temporary residence permit or temporary residence and work permit) in the form of a sticker clearly indicating the expiry date and bearing one of the following codes:

— A.1, A.2, A.3, A.4, A.5

E.A.1, E.A.2, E.A.4, E.A.5 or

— B.1, B.2, B.3, B.4

E.B.1, E.B.2, E.B.3, E.B.4 or

— D.1 and D.2

— Oleskelulupa uppehållstillstånd

(Residence permit) in the form of a card issued to citizens of the Member States of the EU or the EEA and to members of their family

— Henkilökortti A, B, C and D

(Identity card) issued by the Ministry of Foreign Affairs to diplomatic, administrative and technical staff, including members of their families

— Oleskelulupa diplomaattileimaus tai oleskelulupa virkaleimaus

(Residence permit) in the form of a sticker issued by the Ministry of Foreign Affairs, bearing the indication ‘diplomatic’ (diplomaattileimaus) or ‘service’ (virkaleimaus)

— List of persons participating in a school trip within the European Union.

SWEDEN

— Permanent residence permit in the form of a sticker bearing the words ‘Sverige bevis om permanent uppehållstillstånd’ (Sweden certificate of permanent residence) affixed to the passport

— Temporary residence permit in the form of a sticker bearing the words ‘Sverige uppehållstillstånd’ (Sweden temporary residence permit) affixed to the passport

Sweden does not issue cards/documents for diplomats, but places a stamp in their passport (see 6693/01 VISA COMIX 178).

ICELAND

— Tímabundið atvinnu- og dvalarleyfi

(Temporary work and residence permit)

— Dvalarleyfi með rétti til atvinnuÞátttöku

(Residence permit giving the right to work)

— Óbundið dvalarleyfi

(Permanent residence permit)

— Leyfi til vistráðningar

(Au-pair's permit)

— Atvinnu- og dvalarleyfi námsmanns

(Student's work and residence permit)

— Óbundið atvinnu- og dvalarleyfi

(Permanent work and residence permit)

— Special residence permits issued by the Ministry of Foreign Affairs:

— Diplómatískt Persónuskilríki

(Diplomatic identity card)

— Persónuskilríki

(Identity card)

— Takmarkað dvalarleyfi fyrir varnarliðsmann, sbr. lög nr. 110/1951 og lög nr. 82/2000

(Temporary residence permit for civilian or military members of the United States' armed forces and their dependents, in accordance with Law No 110/1951 and Law No 82/2000)

— Takmarkað dvalarleyfi

(Temporary residence permit).

NORWAY

— Oppholdstillatelse

(Residence permit)

— Arbeidstillatelse

(Work permit)

— Bosettingstillatelse

(Settlement permit/Permanent work and residence permit)

Residence permits issued before 25 March 2000 are distinguished by the presence of stamps (not stickers) in the bearers' travel documents. For foreign nationals subject to a visa requirement, these stamps are accompanied by a Norwegian visa sticker for the period of validity of the residence permit. Residence permits issued after the implementation of Schengen on 25 March 2001 will have a sticker. If a foreign national's travel document has an old stamp in it, this will remain valid until the Norwegian authorities replace the stamps with the new sticker to be affixed to the residence permit.

The abovementioned permits are not valid as travel documents. In cases where the foreign national needs a travel document, one of the two following documents may be used as a supplement to the work-, residence- or settlement permit:

— A refugees travel document (Reisebevis — blue colour)

— An immigrant passport (Utlendingspass — green colour)

The holder of one of these travel documents is guaranteed to be accepted for re-entry into Norway within the period of validity of the document.

— EEA card

issued to citizens of the EEA and members of their family who are third-country nationals. These cards are always laminated.

— Identitetskort for diplomater

(Identity card for diplomats — red)

— Identitetskort for hjelpepersonale ved diplomatisk stasjon

(Identity card for auxiliary staff — brown)

— Identitetskort for administrativt og teknisk personale ved diplomatisk stasjon

(Identity card for administrative and technical staff — blue)

— Identitetskort for utsendte konsuler

(Identity card for consuls — green)

— Residence/Visa sticker

(Aufenthaltsvisum — in Form eines Aufklebers)

issued to holders of diplomatic, service and official passports who are subject to the visa requirement and staff of foreign missions who hold a national passport.

ANNEX 5

CONFIDENTIAL

ANNEX 6

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

In accordance with the decision taken by the Ministers and Secretaries of State at the meeting of 15 December 1992, all the Schengen States accepted that the following honorary consuls would be authorised to issue uniform visas for the period specified below:

The current Honorary Consul of the Netherlands:

— in Nassau (Bahamas) until one of the Schengen States sets up a Representation with career diplomats.

ANNEX 7

Reference amounts required for crossing borders fixed annually by the national authorities.

BELGIUM

Belgian law lays down general provisions for the verification of adequate means of subsistence, without stipulating any mandatory rules.

The administrative practice is as follows:

— Aliens staying with a private person

Proof of means of subsistence may be furnished by means of a letter of guarantee signed by the person accommodating the alien in Belgium and authenticated by the local administrative authority of his place of residence.

The declaration of liability covers the costs of the alien's stay, health care, accommodation and repatriation, should the alien be unable to pay, so as to rule out payment by the public authorities. The declaration must be signed by a person who is

solvent

and, if this person is an alien, is in possession of a residence permit or establishment permit.

If necessary, the alien may also be required to furnish proof of personal resources.

If he has no financial credit whatsoever, he must be able to access at least EUR 38 for each day of the planned stay.

— Aliens staying at a hotel

If the alien is unable to furnish proof of any credit whatsoever, he must be able to access at least approximately EUR 50 for each day of the planned stay.

Furthermore, in most cases, the person concerned must produce a ticket (air ticket) enabling him to return to his country of origin or residence.

DENMARK

Under the Danish Aliens Law, an alien entering Danish territory must have adequate means for subsistence and for the return journey.

In practice it is for the border control services at the point of entry to assess whether this is the case on the basis of the economic situation of the alien, taking account of information on his or her possibilities with regard to accommodation and the return journey.

The administration has set a figure for adequate means of subsistence of, in principle, DKK 300 per 24 hours.

In addition, the alien must be able to prove that he or she has adequate means for the return journey, for example in the form of a return ticket.

GERMANY

Pursuant to Article 60(2) of the aliens act of 9 July 1990 (AuslG), an alien may be refused entry at the border if there are grounds for expulsion.

This is the case if an alien is forced to claim or claims social welfare benefit from the German State for himself, for members of his family staying on German territory or for his dependants (Article 46(6) of the aliens act).

Reference amounts have not been fixed for the attention of border control officials. In practice, an amount of EUR 25 per day is generally used as a basic reference. The alien must also have a return ticket or equivalent financial means.

Nevertheless, before the decision not to admit the alien is made, he must be granted the opportunity to produce, in good time and by legal means, the financial means necessary to secure his stay on German territory, namely by presenting:

— a legal guarantee from a German bank,

— a letter of guarantee from the host,

— a telegraphic money order,

— a guarantee deposited with the immigration authorities responsible for the stay.

GREECE

Ministerial decree No 3011/2/1f of 11 January 1992 fixes the amount of the means of subsistence which foreign nationals, with the exception of nationals of the Member States of the European Community, must have at their disposal if they wish to enter Greek territory.

Pursuant to the abovementioned ministerial decree, the amount of foreign currency enabling foreign nationals of non-member States of the European Community to enter Greece is fixed at the equivalent of EUR 20 in foreign currency per person per day, and a minimum total amount of EUR 100.

The amount of foreign currency required per day is reduced by 50 % for minors who are members of the alien's family.

Nationals of non-Community countries which oblige Greek nationals to change currency at the borders are also subject to this obligation on the principle of reciprocity.

SPAIN

Aliens must prove that they have adequate means of subsistence. The minimum amount is given below:

(a) for the costs of their stay in Spain:

EUR 30, or the equivalent in foreign currency, multiplied by the planned number of days of the stay in Spain and by the number of family members travelling with the person concerned. Regardless of the planned duration of the stay, the minimum amount for which he must provide proof must always be EUR 300 per person.

(b) for their return to the State of provenance or for transit via third States: the personal, untransferable and fixed-date ticket or tickets for the planned means of transport.

Aliens must prove that they have the above means of subsistence either by producing them if they are in cash, or by producing certified cheques, traveller's cheques, receipts, letters of credit or a bank certificate confirming the existence of these means. Failing these documents, any other supporting documents recognised by the Spanish border police authorities may be produced.

FRANCE

The reference amount for the adequate means of subsistence for the planned duration of an alien's stay or for his transit via France to a destination in a third State is equal to the amount of the guaranteed minimum wage in France (SMIC) calculated daily on the basis of the rate fixed on 1 January of the current year.

This amount is regularly reassessed on the basis of the French cost of living index:

— automatically whenever the retail price index rises more than 2 %,

— by a governmental decision, after consultation with the national commission for collective bargaining, to grant a rise higher than the rise in the retail price index.

As of 1 July 2002, the daily amount of the SMIC (minimum wage) is EUR 47,80.

Holders of an accommodation certificate must possess a minimum amount of money, equivalent to half the SMIC, in order to stay in France. This amount is therefore EUR 23,90 per day.

ITALY

Article 4(3) of the Consolidated text of provisions governing immigration and the status of aliens No 286 of 28 July 1998 states that Italy, in accordance with the obligations assumed through membership of specific international agreements, shall allow entry into its territory to aliens who prove themselves to be in possession of suitable documentation to confirm the purpose and conditions of their residence and sufficient means of support for the duration of their residence as well as, except in the case of residence permits for work purposes, for their return to the country they came from. Means of support are defined in the relevant directive issued by the Minister for the Interior. Aliens not satisfying these requirements or who are considered a threat to the national security or public policy of the State or of one of the countries with which Italy has signed agreements for the abolition of internal border controls and the free movement of persons may not enter Italy, subject to the limits and derogations laid down in those agreements. The directive in question, which was issued on 1 March 2000 and has the title ‘Definition of means of support for entry and residence of aliens in the national territory’, lays down that:

— the availability of means of support may be demonstrated by producing currency or equivalent bills of exchange or bank guarantees or insurance policies guaranteeing payment, by means of documents attesting to prepaid services or documents proving the availability of funds from income in the national territory,

— the monetary amounts established in the directive are to be revalued annually, after application of the parameters relating to average annual variation produced by ISTAT and calculated on the basis of the general consumer price index for foodstuffs, drinks, transport and accommodation services,

— the alien must indicate the availability of suitable accommodation in Italian territory and possession of the sum needed for repatriation, which may also be demonstrated by showing a return ticket,

— the minimum means of support needed per person for the issue of a visa and for entry to Italian territory for the purposes of tourism are defined in accordance with Table A below.

Table A

Table for determining the means of support required for entry to Italian territory for the purposes of tourism

(in EUR)
Duration of trip	Number of participants in trip
Duration of trip	One participant	Two or more participants
1 to 5 days overall fixed sum	269,60	212,81
6 to 10 days daily sum per person	44,93	26,33
11 to 20 days fixed sum	51,64	25,82
plus daily sum per person	36,67	22,21
more than 20 days fixed sum	206,58	118,79
plus daily sum per person	27,89	17,04

LUXEMBOURG

The law of Luxembourg does not provide for any reference amount for border controls. The official carrying out the control decides on a case-by-case basis whether an alien approaching the border has adequate means of subsistence. To this end, the official takes into account the purpose of the stay and the type of accommodation.

THE NETHERLANDS

The amount which border control officials take as a basis when verifying means of subsistence is currently EUR 34 per person per day.

The application of this criterion is flexible since the required amount of the means of subsistence is determined on the basis of the planned duration of the stay, the reason for the visit and the personal circumstances of the person concerned.

AUSTRIA

Pursuant to Article 52(2) of the Law on aliens, aliens shall be turned away at the border if they have no place of residence in Austria and do not have sufficient means of subsistence to meet the costs of their stay and return.

However, their are no reference amounts for the above. Decisions are made on a case-by-case basis depending on the purpose, type and duration of the stay. Cash and, depending on the circumstances of the individual case, traveller's cheques, credit cards, bank guarantees or letters of guarantee from solvent persons living in Austria may be accepted as proof.

PORTUGAL

Aliens must be in possession of the following amounts if they wish to enter or stay in Portugal:

— EUR 75 — for each entry,

— EUR 40 — for each day spent on the territory.

Aliens who are able to prove that their board and lodging are guaranteed for the duration of their stay may be exempted from paying the above amounts.

FINLAND

The amount which border control officers take into account for means of subsistence is at present EUR 40 per person per day.

SWEDEN

Swedish law does not stipulate a reference amount for the crossing of borders. The border control officer decides on a case-by-case basis whether the alien has adequate means of subsistence.

ICELAND

Under Icelandic law, aliens must prove that they are in possession of enough money to support their needs in Iceland and to make the return journey. In practice, the reference amount is ISK 4 000 per person. If residence expenses are borne by a third party, the amount is halved. The total minimum amount is ISK 20 000 for each entry.

NORWAY

Under Article 27(d) of the Norwegian Immigration Law, any foreign national who is unable to prove that he or she has adequate funds for his or her stay in the Kingdom and for the return journey, or that he or she can count on such funds, may be turned back at the border.

The amounts deemed necessary are fixed individually and decisions are taken on a case-by-case basis. Account is taken of the length of stay, whether the foreign national will be staying with family or friends, whether he or she has a ticket for the return journey and whether a guarantee has been given for the stay (as an indication, an amount of NOK 500 per day is deemed to be adequate for visitors who are not staying with relations or friends).

ANNEX 8

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

The technical and security features for the visa sticker format are contained in, or adopted on the basis of, Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas(1), as last amended by Regulation (EC) No 334/2002(2).

(1)

OJ L 164, 14.7.1995, p. 1

(2)

OJ L 53, 23.2.2002, p. 7

COUNCIL REGULATION (EC) No 1683/95

of 29 May 1995

laying down a uniform format for visas

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, in particular Article 100c (3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas

Article 100c (3) of the Treaty requires the Council to adopt measures relating to a uniform format for visas before 1 January 1996;

Whereas the introduction of a uniform format for visas is an important step towards the harmonisation of visa policy; whereas Article 7a of the Treaty stipulates that the internal market shall comprise an area without internal frontiers in which the free movement of persons is ensured in accordance with the provisions of the Treaty; whereas this step is also to be regarded as forming a coherent whole with measures falling within Title VI of the Treaty on European Union;

Whereas it is essential that the uniform format for visas should contain all the necessary information and meet very high technical standards, notably as regards safeguards against counterfeiting and falsification; whereas it must also be suited to use by all the Member States and bear universally recognisable security features which are clearly visible to the naked eye;

Whereas this Regulation only lays down such specifications as are not secret; whereas these specifications need to be supplemented by further specifications which must remain secret in order to prevent counterfeiting and falsification and which may not include personal data or references to such data; whereas powers to adopt further specifications should be conferred on the Commission;

Whereas, to ensure that the information referred to is not made available to more persons than necessary, it is also essential that each Member State should designate not more than one body having responsibility for printing the uniform format for visas, with Member States remaining free to change the body, if need be; whereas, for security reasons, each Member State must communicate the name of the competent body to the Commission and the other Member States;

Whereas, to be effective, this Regulation should apply to all visas covered by Article 5; whereas Member States should be free also to use the uniform visa format for visas which can be used for purposes other than those covered by Article 5 provided differences visible to the naked eye are incorporated to make confusion with the uniform visa impossible;

Whereas, with regard to the personal data to be entered on the uniform format for visas in accordance with the Annex hereto, compliance should be ensured with Member States' data-protection provisions as well as with the relevant Community legislation,

HAS ADOPTED THIS REGULATION:

Article 1

Visas issued by the Member States in conformity with Article 5 shall be produced in the form of a uniform format (sticker). They shall conform to the specifications set out in the Annex.

Article 2

Further technical specifications which render the visa difficult to counterfeit or falsify shall be laid down in accordance with the procedure set out in Article 6.

Article 3

1. The specifications referred to in Article 2 shall be secret and not be published. They shall be made available only to bodies designated by the Member States as responsible for printing and to persons duly authorised by a Member State or the Commission.

2. Each Member State shall designate one body having responsibility for printing visas. It shall communicate the name of that body to the Commission and the other Member States. The same body may be designated by two or more Member States for this purpose. Each Member State shall be entitled to change its designated body. It shall inform the Commission and the other Member States accordingly.

Article 4

1. Without prejudice to the relevant more extensive provisions concerning data protection, an individual to whom a visa is issued shall have the right to verify the personal particulars entered on the visa and, where appropriate, to ask for any corrections or deletions to be made.

2. No information in machine-readable form shall be given on the uniform format for visas unless it also appears in the boxes described in points 6 to 12 of the Annex, or unless it is mentioned in the relevant travel document.

Article 5

For the purposes of this Regulation a ‘visa’ shall mean an authorisation given by a or a decision taken by a Member State which is required for entry into its territory with a view to:

— an intended stay in that Member State or in several Member States of no more than three months in all,

— transit through the territory or airport transit zone of that Member State or several Member States.

Article 6

1. Where reference is made to the procedure defined in this Article, the following provisions shall apply.

2. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

(a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

(b) If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

If, on the expire of a period of two months, the Council has not acted, the proposed measures shall be adopted by the Commission, save where the Council has decided against the said measures by a simple majority.

Article 7

Where Member States use the uniform visa format for purposes other than those covered by Article 5, appropriate measures must be taken to ensure that confusion with the visa referred to in Article 5 is not possible.

Article 8

This Regulation shall enter into force not the twentieth day following that of its publication in the

Official Journal of the European Communities

Article 1 shall become applicable six months after the adoption of the measures referred to in Article 2.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 May 1995.

For the Council

The President

H. de CHARETTE

ANNEX

[Bild bitte in Originalquelle ansehen]

Security features

A sign consisting of nine ellipses in a fan-shape shall appear in this space.

An optically variable mark (‘kinegram’ or equivalent) shall appear in this space. Depending on the angle of view, 12 stars, the letter ‘E’ and a globe become visible in various sizes and colours.

The logo consisting of a letter or letters indicating the issuing Member State (or ‘BNL’ in the case of the Benelux countries, namely Belgium, Luxembourg and the Netherlands) with a latent image effect shall appear in this space. This logo shall appear light when held flat and dark when turned by 90'. The following logos shall be used: A for Austria, BNL for Benelux, D for Germany, DK for Denmark, E for Spain, F for France, FIN for Finland, GR for Greece, I for Italy, IRL for Ireland, P for Portugal, S for Sweden, UK for the United Kingdom.

The word ‘visa’ in capital letters shall appear in the middle of this space in optically variable colouring. Depending on the angle of view, it shall appear green or red.

This box shall contain the number of the visa, which shall be pre-printed and shall begin with the letter or letters indicating the issuing country as described in point 3 above. A special type shall be used.

Sections to be completed

This box shall begin with the words ‘valid for’. The issuing authority shall indicate the territory or territories for which the visa is valid.

This box shall begin with the word ‘from’ and the word ‘until’ shall appear further along the line. The issuing authority shall indicate here the period of validity of the visa.

This box shall begin with the words ‘number of entries’ and further along the line the words ‘duration of stay’ (i.e. duration of applicants' intended stay) and again ‘days’ shall appear.

This box shall begin with the words ‘issued in’ and shall be used to indicate the place of issue.

10.

This box shall begin with the word ‘on’ (after which the date of issue shall be filled in by the issuing authority) and further along the line the words ‘number of passport’ shall appear (after which the holder's passport number shall appear).

11.

This box shall begin with the words ‘type of visa'’. The issuing authority shall indicate the category of visa in conformity with Articles 5 and 7 of this Regulation.

12.

This box shall begin with the word ‘remarks’. It shall be used by the issuing authority to indicate any further information which is considered necessary, provided that it complies with Article 4 of this Regulation. The following two and a half lines shall be left empty for such remarks.

13.

This box shall contain the relevant machine-readable information to facilitate external border controls.

The paper shall be pastel green with red and blue markings.

The words designating the boxes shall appear in English and French. The issuing State may add a third official Community language. However, the word ‘visa’ in the top line may appear in any one official language of the Community.

COUNCIL REGULATION (EC) No 334/2002

of 18 February 2002

amending Regulation (EC) No 1683/95 laying down a uniform format for visas

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(b)(iii) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Parliament(2),

Whereas:

(1) Council Regulation (EC) No 1683/95(3) laid down a uniform format for visas.

(2) Measure No 38 of the Vienna Action Plan, adopted by the Justice and Home Affairs Council on 3 December 1998, states that attention must be given to new technical developments in order to ensure, where appropriate, greater security in the uniform format for visas.

(3) Conclusion No 22 of the Tampere European Council of 15 and 16 October 1999 states that a common active policy on visas and false documents should be further developed.

(4) The establishment of a uniform visa format is an essential element in the harmonisation of visa policy.

(5) It is necessary to make provision for the establishment of common standards relating to the implementation of the uniform format for visas, in particular common rules on the technical methods and standards to be used for filling in the form.

(6) The integration of a photograph produced according to high security standards is a first step towards the use of elements establishing a more reliable link between the uniform format visa and the holder as an important contribution to ensuring that the uniform format for visas is protected even against fraudulent use. The specifications set out in ICAO (International Civil Aviation Organisation) document 9303 on machine readable visas will be taken into account.

(7) Common standards relating to the implementation of the uniform format for visas are essential to meet high technical standards and to facilitate detection of forged or falsified visa stickers.

(8) The powers to adopt such common standards should be conferred on the Committee set up by Article 6 of Regulation (EC) No 1683/95 which should be adapted to take account of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(4).

(9) Regulation (EC) No 1683/95 should therefore be amended.

(10) The measures provided for in this Regulation to make the uniform format for visas more secure do not affect the rules currently governing recognition of the validity of travel documents.

(11) 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.

(12) As regards the Republic of Iceland and the Kingdom of Norway, this Regulation constitutes a development of the provisions of the Schengen acquis falling 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 the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis(5).

(13) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom gave notice, by letter of 4 December 2001, of its wish to take part in the adoption and application of this Regulation.

(14) In accordance with Article 1 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland is not participating in the adoption of this Regulation. As a result, and without prejudice to Article 4 of the said Protocol, the provisions of this Regulation do not apply to Ireland,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1683/95 is hereby amended as follows:

Article 2 shall be replaced by the following

‘Article 2

1. Further technical specifications for the uniform format for visas relating to the following shall be established in accordance with the procedure referred to in Article 6(2):

(a) additional elements and security requirements including enhanced anti-forgery, counterfeiting and falsification standards;

(b) technical standards and methods to be used for the filling in of the uniform visa.

2. The colours of the visa sticker may be changed in accordance with the procedure referred to in Article 6(2).’

Article 6 shall be replaced by the following:

‘Article 6

1. The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC(6)’ shall apply.

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

3. The Committee shall adopt its rules of procedure.

(6)

OJ L 184, 17.7.1999, p. 23

The following subparagraph shall be added to Article 8:

‘The integration of the photograph provided for in point 2a of the Annex shall be implemented at the latest five years after the adoption of the technical measures provided for the adoption of this measure in Article 2.’

The following point shall be inserted in the Annex:

‘2a.

An integrated photograph produced according to high security standards.’

Article 2

The first sentence of Annex 8 of the final version of the Common Consular Instructions and Annex 6 of the final version of the Common Manual as they stand following the Decision of the Schengen Executive Committee of 28 April 1999(7) shall be replaced by the following:

‘The technical and security features for the visa sticker format are contained in, or adopted on the basis of, Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas(8), as last amended by Regulation (EC) No 334/2002(9)’.

Article 3

This Regulation shall not affect the powers of the Member States regarding recognition of the States and territorial entities and passports, identity documents and travel documents issued by their authorities.

Article 4

This Regulation shall enter into force on the 20th day following that of its publication in the

Official Journal of the European Communities

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, 18 February 2002.

For the Council

The President

J. PIQUÉ I CAMPS

(1)

OJ C 180 E, 26.6.2001, p. 310

(2) Opinion delivered on 12 December 2001 (not yet published in the Official Journal).

(3)

OJ L 164, 14.7.1995, p. 1

(4)

OJ L 184, 17.7.1999, p. 23

(5)

OJ L 176, 10.7.1999, p. 31

(7)

OJ L 239, 22.9.2000, p. 317

ANNEX 9

CONFIDENTIAL

ANNEX 10

CONFIDENTIAL

ANNEX 11

Criteria for determining whether a travel document may bear a visa

The travel documents outlined below shall be considered valid for the purposes of Article 17(3)(a) of the Convention implementing the Schengen Agreement, provided that they attest to the holder's identity and, in the cases mentioned under (a) and (b) below, the holder's nationality or citizenship and provided that they fulfil the conditions under Articles 13 and 14.

(a) Travel documents issued in accordance with international rules applied by countries or regional and local bodies recognised by all Member States.

(b) Passports or travel documents which, although issued by countries or international bodies not recognised by all Member States, guarantee the alien's return, provided that the Executive Committee recognises these as valid documents on which to affix a joint visa (alternatively affixed on a separate sheet). The unanimous approval of the Executive Committee shall be required for:

— the list of these passports or travel documents,

— the list of countries or entities that are not recognised, which have issued documents.

The possible compilation of these lists, which shall only apply to the requirements for implementing the Schengen Convention, shall not prejudice Member States' recognition of countries or regional and local entities that are not recognised.

(d) Travel documents for stateless persons issued in accordance with the Convention of 1954 on the Status of Stateless Persons(1).

(1) Portugal and Austria, although not Contracting Parties to this Convention, accept that travel documents issued in accordance with this Convention may bear the uniform visa issued by the Schengen States.

ANNEX 12

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

(1)

A.	Airport transit visas	10 EUR
B.	Transit visas (one, two or multiple entries)	10 EUR
C1.	Very short-stay visas (maximum 30 days)	15 to 25 EUR
C2.	Short-stay visas (maximum 90 days)	EUR 30 + EUR 5 from the 2nd entry, when there are multiple entries
C3.	Multiple entry visas, valid for one year	50 EUR
C4.	Multiple entry visas, valid for max. five years	EUR 50 + EUR 30 for each additional year
D.	National long-stay visas	The amount shall be fixed by the Contracting Parties, who may decide to issue these visas free of charge
—	Visa with limited territorial validity	The amount shall be at least equal to 50 % of the amount fixed for Category A, B and C visas
—	Visas issued at the border	The amount shall be double that of the category of visa issued. These visas may be issued free of charge
—	Group visas, Categories A and B (five to 50 persons)	EUR 10 + EUR 1 per person
—	Group visas, Category C1 (30 days), 1 or 2 entries (five to 50 persons)	EUR 30 + EUR 1 per person
—	Group visas, Category C1 (30 days), more than 2 entries (five to 50 persons)	EUR 30 + EUR 3 per person

These fees are to be charged in euro, in US dollars or in the national currency of the third country where the application is made.

Rules:

These fees shall be paid in a convertible currency or in the national currency on the basis of the official exchange rates in application.

II.

In individual cases, the amount of fees to be charged may be reduced or may be revoked in accordance with national law when this protects cultural interests, in the field of foreign policy, development policy or other areas of vital public interests.

III.

Group visas are issued in accordance with national law, for a maximum of 30 days.

(1) In accordance with Council Decision 2002/44/EC of 20 December 2002 (

OJ L 20, 23.1.2002, p. 5

‘1. This Decision shall apply as from 1 July 2004 at the latest.

2. Member States may apply this Decision before 1 July 2004, provided that they notify the General Secretariat of the Council of the date from which they are in a position to do so.

3. If all the Member States apply this Decision before 1 July 2004, the General Secretariat of the Council shall publish in the

Official Journal of the European Communities

the date from which the last Member State applied the Decision.’

ANNEX 13

Filling in visa stickers

Please note:

in general, visas can be issued at the earliest three months before they are first used

AIRPORT TRANSIT VISAS (ATVs)

It is pointed out that only nationals of certain ‘sensitive’ countries (see Annex 3) are subject to an ATV. ATV holders may not leave the international section of the airport through which they travel in transit.

Example 1

SINGLE-ENTRY AIRPORT TRANSIT VISAS

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— Type of visa: ATVs bear the identification code A.

— The single-entry ATV gives access to one country only (France in this example).

— The duration of validity is calculated from the date of departure (e.g. 01.02.00); the term is established by adding a period of grace of seven days in case the visa holder postpones departure.

— ATVs do not give right to residence, the heading ‘residence’ should be crossed out with XXX.

Example 2a

DUAL-ENTRY (RETURN) ATVs

(valid in one country only)

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— The return ATV authorises airport transit for both outward and return journeys.

— The duration of the visa's validity is calculated as follows: date of the return journeys + seven days (in the example shown: Return date 15.02.00).

— If transit is foreseen through one airport only, the name of the country concerned is filled in under the heading ‘valid for’ (Example 2a). If transit is made exceptionally via 2 different Schengen countries on the outward and return journeys, the visa is marked ‘Schengen States’ (see Example 2b below).

Example 2b

DUAL-ENTRY ATVs

(valid in several countries)

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— ‘Schengen States’ should be filled in under the heading ‘valid for’ to enable transit via two airports situated in two different countries.

Example 3

MULTIPLE-ENTRY ATVs

(should only be issued in exceptional cases)

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— In the case of multiple-entry ATVs (enabling several transits) the term of the visa's validity is calculated as follows: date of first departure + three months.

— For filling in the heading ‘valid for’, the same rule applies as to dual-entry ATVs.

TRANSIT VISAS

Example 4

SINGLE-ENTRY TRANSIT VISAS

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— Type of visa: the transit visa bears the identification code B. It is recommended to add the word ‘TRANSIT’.

— The duration of validity is calculated from the date of departure (e.g. 01.02.00). The term is fixed as follows: date of departure + (five days maximum) + seven days (period of grace in case the visa holder postpones departure).

— The duration of the transit may not exceed five days.

Example 5

DUAL-ENTRY TRANSIT VISAS

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— The duration of validity: when the date of different transit journeys is not known, which is generally the case, the period of validity is calculated as follows: date of departure + six months.

— The duration of the transit may not exceed five days.

Example 6

MULTIPLE-ENTRY TRANSIT VISAS

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— The duration of validity is calculated in the same way as for dual-entry transit visas (see Example 5).

— The duration of the stay may not exceed five days in transit.

SHORT-STAY VISAS

Example 7

SINGLE-ENTRY SHORT-STAY VISAS

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— Type of visa: the short-stay visa bears the identification code C.

— The duration of the visa's validity is calculated as follows: from the date of departure (e.g. 01.02.00). The period is fixed as follows: date of departure + duration of stay + 15-day period of grace.

— The duration of the stay may not exceed 90 days in any six-month period (30 days in the example shown here).

Example 8

MULTIPLE-ENTRY SHORT-STAY VISA

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— The duration of validity is calculated from the date of departure + six months maximum on the basis of the documentary evidence provided.

— The duration of the stay may not exceed 90 days in any six-month period (in the example shown here, but the duration may also be less). The duration of the stay is that of the cumulative total of successive stays. This is also based on the documentary evidence provided.

Example 9

SHORT-STAY TRAVEL VISA

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— This is a multiple-entry short-stay visa which is valid for over 6 months or one, two, three years, five years in exceptional cases (e.g.V.I.P.s). In the example shown here the validity is three years.

— Same rules apply to the duration of the stay as in Example 8 (90 days maximum).

VISAS WITH LIMITED TERRITORIAL VALIDITY (LTV visas)

The LTV visa can be either a short-stay visa or a transit visa.

The limitation of validity may apply to one or to several States.

Example 10

SHORT-STAY LTV visas, ONE COUNTRY ONLY

[Bild bitte in Originalquelle ansehen]

— In this example, the territorial validity is limited to one country only, i.e. France.

— The short-stay LTV visa bears the identification code C (in the same way as Example 7)

Example 11

SHORT-STAY LTV VISAS, VALIDITY LIMITED TO SEVERAL COUNTRIES

In this case, the ‘valid for’ heading shall be filled in:

— either by the codes indicating the countries for which the visa is valid (Belgium: B, Denmark: DK, Germany: D, Greece: GR, Spain: E, France: F, Italy: I, Luxembourg: L, Netherlands: NL, Austria: A, Portugal: P, Finland: FIN, Sweden: S, Iceland: IS, Norway: N. In the case of the Benelux countries: BNL). In the example shown, the territorial validity is limited to France and Spain.

[Bild bitte in Originalquelle ansehen]

— or by the words ‘Schengen States’ followed in brackets by the minus sign and the codes of the Member States for the territories of which the visa is not valid. In the example shown, the visa is valid for the territory of all the Member States applying the Schengen acquis except France and Spain.

[Bild bitte in Originalquelle ansehen]

Example 12

TRANSIT LTV visas, ONE COUNTRY

[Bild bitte in Originalquelle ansehen]

— The transit visa bears the identification code B under the heading for the type of visa.

— In the example shown, the visa is limited to French territory.

ACCOMPANYING PERSONS

Example 13

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— In this case, one or more children and in exceptional circumstances, a spouse travel on one passport.

— If one or more children travelling on the travel document are covered by a visa, under the heading ‘passport number’, after the passport number, + nX is added, indicating the number of children, and if a spouse is travelling on the passport + Y is added. In the example shown here (single-entry, short-stay visa, with a duration of stay 30 days) the visa is issued for the passport holder, three children and the passport holder's spouse.

VISA ISSUED BY REPRESENTATION

Example 14

[Bild bitte in Originalquelle ansehen]

The above visa was issued by a consular post of a Schengen State representing another Schengen State.

In this case, under the heading ‘Observations’, the letter ‘R’ must be filled in, followed by the country code of the country on whose behalf the visa was issued.

The country codes to be used are as follows:

Belgium

Denmark

Germany

Greece

Spain

France

Italy

Luxembourg

The Netherlands

Austria

Portugal

Finland

FIN

Sweden

Iceland

Norway

In the above example, the Belgian Embassy in Brazzaville issued a visa on behalf of Spain.

NATIONAL LONG-STAY VISA VALID CONCURRENTLY AS A SHORT-STAY VISA

Example 15

— In this case the ‘VALID FOR’ heading is to be filled in with the code of the country which issued the long-stay visa + the words ‘Schengen States’.

— This example shows a national long-stay visa issued by France and valid concurrently as a uniform short-stay visa.

— A long-stay visa valid concurrently as a short-stay visa bears the identification code D + C.

SUMMARY

	‘VALID FOR’	‘TYPE’	‘NUMBER OF ENTRIES’	‘FROM … TO’		‘MAXIMUM DURATION OF EACH STAY’ (in days)
Airport transit visas (ATVs)	SCHENGEN STATES or FRANCE (for example)	A	01	Date of departure	Date of departure + 7 days	XXX
			02	Date of departure	Date of return + 7 days
			MULT(1)	Date of 1st departure	Date of 1st departure + number of months authorised (maximum 3 months)
Transit visas	SCHENGEN STATES or FRANCE (for example)	B	01	Date of departure	Date of departure + duration of stay + 7 days	XXX or from 1—5
			02	Date of 1st departure	Date of 1st departure + number of months authorised (maximum 6 months)
			MULT(1)	Date of 1st departure
Short-stay visas	SCHENGEN STATES or FRANCE (for example)	C	01	Date of departure	Date of departure + duration of stay + 15 days	from 1—90
Short-stay visas	SCHENGEN STATES or FRANCE (for example)	C	MULT(2)	Date of 1st departure	Date of 1st departure + number of months authorised (maximum 5 years)	from 1—90
Long-stay valid concurrently as a short-stay visa	FRANCE (for example) + SCHENGEN STATES	D + C

(1) MULT indicates multiple journeys, i.e. more than two entries.

(2) MULT indicates multiple journeys, i.e. more than one entry.

ANNEX 14

Rules and procedures governing information to be sent by Contracting Parties when issuing visas with limited territorial validity, when cancelling, revoking and reducing the duration of validity of uniform visas and when issuing national residence permits

1. INFORMATION WHEN ISSUING VISAS WITH LIMITED TERRITORIAL VALIDITY

1.1. General conditions

In order that authorisation to enter the national territory of Schengen Contracting Parties can be granted, nationals from a third country should generally fulfil the conditions laid down in Article 5(1) of the Convention implementing the Schengen Agreement.

If a national from a non-member country does not fulfil all these conditions, entry or the issue of a visa shall be refused except if a Contracting Party considers it necessary to derogate from this rule for humanitarian reasons, on grounds of national interest, or due to international obligations. In such cases, the Contracting Party concerned may only issue a visa with limited territorial validity (LTV) and must inform the other Contracting Parties (Articles 5(2) and (16) of the Schengen Convention).

The issue of short-stay LTVs is in accordance with the Schengen Convention and the Common Consular Instructions on Visas (SCH/II-Visa(93)11, 6 Rev. 4 corr. Chapter V(3)) generally subject to the following conditions:

(a) LTVs are issued by way of exception. The conditions under which this type of visa is issued shall be carefully examined on a case by case basis;

(b) this does not mean that the Schengen Contracting Parties will use and abuse the possibility to issue LTVs; this would not be in keeping with the principles and objectives of Schengen. Given that the number of LTVs being issued will most probably be small, it is not necessary to envisage an automated procedure for informing the other Contracting Parties.

1.2. Rules of procedure

When defining rules of procedure governing the information to be sent by Contracting Parties when issuing LTVs, a distinction shall be made between visas issued by diplomatic and consular representations and visas issued by the border authorities. The rules of procedure in use are as follows:

1.2.1. Issue of visas by diplomatic and consular representations

In general, the rules laid down for the provisional arrangements for consultation with the central authorities (Article 17(2) of the Schengen Convention shall apply

mutatis mutandis

to the information procedure used by the other Contracting Parties (see Document SCH/II-Visa (94)7). Where different rules are used, these shall be notified by the Contracting Parties concerned. In general, information shall be sent within 72 hours.

1.2.2. Issue of visas by the border authorities

In this case, information shall be sent within 72 hours to the central authorities of the other Contracting Parties.

1.2.3.

The Contracting Parties must designate which contact points should receive this information.

1.2.4.

When setting up an automated procedure to enable consultation between the central authorities (Article 17(2), of the Schengen Convention), this shall include a provision ensuring that other Contracting Parties are informed of the issue of an LTV where the LTV is issued as a result of an objection to the issue of a Schengen visa on the part of one (or more) Contracting Party/Parties), in the framework of consultation. Where LTVs are issued in other circumstances, this procedure cannot be used for sending information between States.

1.2.5.

The following information shall be sent to the Contracting Parties:

Surname, first name, and date of birth of visa holder

Nationality of visa holder

Date and place of issue of LTV

Reasons for issuing visas with limited territorial validity:

— humanitarian reasons,

— reasons of national interest,

— international obligations,

— travel document which is not valid in all Contracting Parties,

— second issue of a visa within a six-month period,

— in emergencies, there was no consultation with the central authorities,

— the central authorities of a Contracting Party raised objections during consultation.

2. CANCELLING, REVOKING AND REDUCING THE DURATION OF VALIDITY OF A UNIFORM VISA

In accordance with the principles adopted by the Committee Executive when cancelling, revoking and reducing the duration of a uniform visa's validity (SCH/Com-ex (93)24), the following information must be sent to the other Contracting Parties:

2.1. Cancelling visas

Cancelling a Schengen visa aims to prevent persons entering the territory of the Contracting Parties when it transpires after a visa has been issued that these persons do not fulfil the conditions warranting the issue of a visa.

Contracting Parties who cancel a visa issued by another Contracting Party shall generally inform the central authorities of the issuing State within 72 hours.

This notification shall contain the following information:

Surname, first name, and date of birth of visa holder

Nationality of visa holder

Type and number of travel document

Number of the sticker-visa

Category of visa

Date and place of visa issue

Date and reasons for cancellation.

2.2. Revoking visas

Revoking a visa permits cancellation, even after entry to the territory, of the remaining duration of a visa's validity.

A Contracting Party who revokes a uniform visa shall generally inform the issuing Contracting Party within 72 hours. This notification shall contain the same information as mentioned under point 2.1.

2.3. Reducing the duration of a visa's validity

When a Schengen State reduces the duration of validity of a visa issued by another Contracting Party, it shall generally inform this Contracting Party's central authorities within 72 hours. This notification shall contain the same information as mentioned under point 2.1.

2.4. Procedure

The information sent to the Contracting Party who issued the visa when the duration of visa's validity is cancelled, revoked or reduced shall generally be sent to the central authority designated by this Contracting Party.

3. INFORMATION ON NATIONAL RESIDENCE PERMITS (ARTICLE 25)

Article 25(1) lays down that where a Contracting Party considers issuing a residence permit to an alien for whom an alert has been issued for the purposes of refusing entry, it shall first consult the issuing Contracting Party and shall take account of its interests: the residence permit shall be issued only for serious reasons, in particular of a humanitarian nature or arising from international obligations.

The second subparagraph in Article 25(1) provides that the Contracting Party issuing the alert shall withdraw the alert, but may still put the alien concerned on its national list of alerts.

The application of the provisions mentioned above involves two instances of information transmission between the Contracting Party intending to issue the residence permit and the Contracting Party issuing the alert:

— prior consultation with the Contracting Party issuing the alert to take account of its interests, and

— information about the issue of the residence permit, so that the Contracting Party issuing the alert can withdraw it.

In accordance with the provisions of Article 25(2) of the Schengen Convention, the issuing Contracting Party issuing the alert must also undertake consultation if it only transpires

a posteriori

, i.e. after the residence permit has been issued, that an alert has been issued for the purposes of refusing entry to the holder of the residence permit.

In view of the underlying principles of the Schengen Convention, the issue of a residence permit to nationals from a third country for whom an alert has been issued for the purposes of refusing entry by one of the Contracting Parties shall also be limited to exceptional circumstances.

With regard to the consultation referred to in Article 25 of the Convention, this action is highly dependent on the functioning of the Schengen Information System (SIS). It should be examined if this information could be sent via the forthcoming SIRENE procedure.

The rules of procedure outlined in this note shall be reexamined from the point of view of their practical applicability at the latest 12 months after the Convention implementing the Schengen Agreement has been brought into force.

ANNEX 15

Model harmonised forms providing proof of invitation, sponsorship and accommodation drafted by the Contracting Parties

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ANNEX 16(1)

Specimen harmonised uniform visa application form

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(1) In accordance with Council Decision 2002/354/EC of 25 April 2002 (

OJ L 123, 9.5.2002, p. 50

) this Decision shall apply as from 1 January 2003.