Common Consular Instructions on visas for the diplomatic missions and consular posts

(2003/C 310/01)

CONTENTS

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ANNEXES TO THE COMMON CONSULAR INSTRUCTIONS ON VISAS

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Common Consular Instructions

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

SUBJECT: 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 remain subject to national procedures and only authorise the holder to stay in the one national territory. Nevertheless, such visas shall enable their holders to transit through the territories of the other Contracting Parties in order to reach the territory of the Contracting Party which issued the visa, unless they fail to fulfil the entry conditions referred to in Article 5(1)(a), (d) and (e) or they are on the national list of alerts of the Contracting Party through whose territory they seek to transit.

2. Definition and types of visa

2.1. Uniform visas

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

Exceptions to the airport transit visa requirement are laid down in Section III of Annex 3.

2.1.2. Transit visas

This visa entitles aliens who are travelling from one Third State to another Third State to pass through the territories of the Contracting Parties.

This visa may be issued for one, two or exceptionally several transits, provided that the duration in each case does not exceed five days.

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

This visa entitles aliens who seek to enter the territories of the Contracting Parties, for reasons other than immigration, to pay a continuous visit or several visits, the duration of which 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 need to travel frequently to one or several Schengen States, for example on business, short-stay visas may be issued for several visits, provided that the total length of these visits does not exceed three months in any half-year. This multiple entry visa may be valid for one year, and in exceptional cases, for more than a year for certain categories of persons (see part 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, except 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.

By way of derogation from the foregoing, group transit visas may be issued to seamen in accordance with the provisions of Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of such visas to seamen in transit(2).

2.2. Long-stay 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 contained in Part IV of these Instructions. Otherwise, such visas shall enable their holders merely 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 (see point V(3) of these Instructions).

2.4. Visas issued at the border(3)

2.5. Documents having the same value as a visa, authorising the crossing of external borders: FTD/FRTD

For facilitated transit, an FTD or an FRTD can be issued in accordance with Council Regulation (EC) No 693/2003(4) and (EC) No 694/2003(5) (see Annex 17).

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-stay or transit uniform visas:

(a) - the Contracting Party in whose territory the sole or main destination of the visit is situated. Under no circumstances may a transit Contracting Party be considered the country of main destination.

The diplomatic mission or consular post with which 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 of the visit, the route and duration of visit or visits. When assessing these factors, the mission or post will focus mainly on the supporting documents submitted by the applicant,

- it shall focus, in particular, on the main reason for or the purpose of the visit when one or more destinations are the direct result of or additional to another destination,

- it shall focus, in particular on the longest visit when no destination is the direct result or additional to another destination; where the visits are of equal length, the first destination will 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 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 do have a mission or post there, 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 a summary of the adopted rules on representation which it shall update 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 where 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 carried out,

- 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 applicant's main destination,

- the diplomatic missions and consular posts shall bear full responsibility for assessing the risk of illegal immigration when a visa application is lodged,

- the represented States shall assume responsibility for asylum applications made by holders of a visa which has been issued by representing States on their behalf and which states that it has been issued in the framework of representation,

- in exceptional cases, bilateral agreements may stipulate that visa applications from certain categories of aliens are either to be submitted by the representing State to the authorities of the represented State in which the main destination is located or to be 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 therefore 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 in the light of decisions taken at national level 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. Based on the outcome, it may also be decided to waive the rules on representation for certain diplomatic missions and consular posts (and possibly for certain nationalities),

- representation shall apply solely to the issue of 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 main destination lies,

- the rules on representation may be refined by extension of the consultation network resulting from software development that enables consular posts and diplomatic missions undertaking representation to consult the central authorities of the represented State in a simple fashion,

- the list containing rules on representation with regard to the issue of Schengen visas in non-member countries in which not all Schengen States are represented shall be annexed to this document. The Central Group shall take note 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 accordance with the arrangements and time limits laid down by national law and practice. Cases requiring internal 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 which an application is lodged shall seek authorisation from its central authority, which, for its part, shall forward the application 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 are doubts concerning the person's intentions (in particular where there is evidence pointing to illegal immigration), the visa shall be issued only 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, except in the cases listed in Annex 6.

III. RECEIPT OF THE APPLICATION

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 a specimen of which 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 to which a visa may be affixed (see Annex 11);

(b) where appropriate, 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 must ultimately be able to convince the diplomatic mission or consular post with which they lodge their application that they have adequate means to ensure their subsistence and their return.

4. Personal interview with the applicant

As a general rule, the applicant shall be called on to appear in person in order to explain verbally the reasons for the application, especially where there are doubts concerning the actual purpose of the visit or the applicant's intention to 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, in the case of group trips, 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.

IV. LEGAL BASIS

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

Article 15

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

Article 5

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

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

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

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

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

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

2. An alien who does not fulfil all the above conditions must be refused entry into the territories of the Contracting Parties unless a Contracting Party considers it necessary to derogate from that principle on humanitarian grounds, on grounds of national 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 of asylum or of 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 conjunction with Article 5(2) (see part V(3)).

Article 11(2)

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)

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

Article 16

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

V. EXAMINATION OF APPLICATIONS AND DECISIONS TAKEN

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

Basic criteria for examining applications

The 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 aspects may take precedence over the other, but at no stage should any of them be lost sight of.

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

The diplomatic mission or consular post shall assume full responsibility for 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 settle there, using tourism, studies, business or family visits as a pretext. It is therefore 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 concerning the authenticity of the papers and supporting documents submitted, the diplomatic mission or consular post shall refrain from issuing the visa.

Conversely, 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 to the purpose of the visit.

- The replies to the questions on the form shall be full and consistent. The form shall include an identity photograph of the visa applicant and shall indicate, as far as possible, the main destination to which he is travelling.

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 purpose of refusing entry or verification as to whether the applicant poses 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 stay.

1.3. Verification of the travel document:

- Verification as to whether the document is in order or not: it should be complete and should not be 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).

- However, on urgent humanitarian grounds, for reasons of national interest or because of international obligations, visas may, in exceptional cases, be affixed to travel documents the period of validity of which 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 compromised.

- Verification of the length of previous stays in 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, the convertibility of the currency) and may vary from one country to another. As regards evaluation 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 and purpose of the stay, and to the cost of living in the Schengen State or States to be visited. To this end, reference amounts for the crossing of borders shall be determined each year by the national authorities of the Contracting Parties (see Annex 7)(6),

- 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 title-deed, in the applicant's name, to 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, formalised and verified 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 issue of visas. These documents have a practical purpose, aimed at confirming the availability of accommodation and, where appropriate, means of subsistence. If a Contracting Party uses this type of document, it should always specify the identity of the host and of the guest or guests, the address of the accommodation, the length and purpose of the stay, any family ties, and indicate whether the host is residing lawfully in the country.

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

These checks are aimed at avoiding any invitations of convenience, fraudulent invitations or invitations from illegal aliens or aliens whose status is insecure.

Applicants may be exempted from the requirement to provide supporting documents regarding accommodation before applying for a uniform visa 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 which may be required:

- 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 in 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 stay nor the total length of successive stays exceeds three months in any half-year, from the date of first entry,

- a visa valid for one year, entitling a three month stay during any half-year and several entries; this visa may be issued to persons providing the necessary guarantees and persons in whom the Contracting Parties have shown a particular interest. In exceptional cases, a visa valid for more than one year, but for no more than five years, may be issued to certain categories of person for several entries,

- a transit visa authorising its holder to transit 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 exceeds 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 taken normally requires transit through the territories of the Contracting Parties.

2.2. 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 for the practical arrangements for the issue of visas by their missions or posts and shall consult with one another.

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. In the event that the technical system for consultation fails, the following measures may be applied temporarily on a case-by-case basis:

- limitation of the number of cases of consultation to those where consultation is deemed essential,

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

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

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

- exercise of greater vigilance in the common interest.

In cases where the applicants come under the categories listed in Annex 5B which are subject to consultation of a central authority, the Ministry of Foreign Affairs or 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 which an application has been 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 purpose of refusing entry.

It shall then follow the procedure outlined below:

(a) Procedure

The procedure under (b) shall not apply when the visa applicant is the subject of an alert in the Schengen Information System for the purpose of refusing entry.

(b) Transmission of applications to the national central authority

The diplomatic mission or consular post, with which an application has been lodged by a person from one of the categories subject to consultation, shall transmit 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 shall not be necessary to begin or to continue a consultation procedure with the central authorities of the Contracting Parties which asked 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 which the application has been lodged shall transmit it to the central authority of the State responsible. If the central authority of the represented State, or the central authority of the representing State, where so provided in the representation agreement, decides to reject the visa application, it shall not be necessary to begin or to continue a consultation procedure with the central authorities of the Contracting Parties which asked to be consulted.

(c) Information transmitted to the central authority

As part of consultation with the central authorities, the diplomatic missions or consular posts with which an application has been lodged shall transmit the following information to their central authority:

1. diplomatic mission or consular post with which the application has been lodged;

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

3. nationality of the applicant(s) and, if known, any previous nationalities;

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

5. length and purpose of the intended stay;

6. planned dates of travel;

7. residence, profession, employer of the visa applicant;

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

9. border which the applicant intends to cross in order to enter Schengen territory;

10. any other names (maiden name, or where appropriate, 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 of which the applicant is a national);

11. any other information deemed necessary by the diplomatic missions or consular posts, concerning, for example, the spouse or minor 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 form the basis for the information to be transmitted in the framework of consultation between central authorities. The Contracting Party carrying out the consultation shall as a rule be responsible for the mode of transmission, on the understanding that the date and time of transmission and its receipt by the recipient central authorities are clearly marked.

(d) Transmission of 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 central authorities.

After carrying out the relevant checks, these authorities shall transmit their assessment of the visa application to the central authority which consulted them.

(e) Deadline for replies: extension

The central authorities consulted shall have a maximum deadline of 7 calendar days for sending a reply to the central authority which asked for the consultation. The initial deadline commences at the date on which the application is transmitted by the central authority which has to carry out the consultation.

If during 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, stating reasons.

The authorities consulted shall ensure that in urgent cases, the reply is transmitted as quickly as possible.

Where no reply is received by the end of the initial deadline or, where appropriate, by the end of the extended deadline, the absence of a reply 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 which the application has been 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 which the application has been lodged may issue the visa after a period of 14 days has elapsed from the time at which the application was sent by the central authority carrying out the consultation. It is the responsibility of 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 notify the mission or post with which the application has been lodged accordingly: it shall not decide on the application before receiving 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 the visa application form (with a space for a photograph) pursuant to Article 17 of the Schengen Convention.

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

Under no circumstances may the reply or the request to extend the deadline for consultation be transmitted locally, except in the case 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 of 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 his application.

3. Visas with limited territorial validity

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

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

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

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

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

3. in cases where, on account of urgency, (on humanitarian grounds, for reasons 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 objections;

4. in cases where a mission or post issues, out of necessity, a new visa for a stay 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 cases 1, 3 and 4 above, and to the territory of one or several Contracting Parties, the Benelux or two Benelux States for case 2.

The missions or posts of the other Contracting Parties must 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 be completed in one of the following four ways only:

(a) Schengen States;

(b) Schengen State or Schengen States to whose territory the validity of the visa is limited (in this case the following abbreviations are used: 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);

(c) Benelux;

(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 indicates the period of the holder's stay as authorised by the visa.

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

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

- horizontal dash,

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

- horizontal dash,

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

- for example: 15-04-94 = 15 April 1994.

The date of the last day of the period of the visa holder's authorised stay is entered after the word "TO". The visa holder must have left the territory for which the visa is valid by midnight on this date.

This date is written in the same way as the first date above.

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, it refers to the number of periods of stay which may be spread 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" is entered). More than two entries ("MULT") shall be authorised only 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(7). This stay may be continuous or, depending on the number of days authorised, spread 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 digits, the first of which is a zero if the number of days is less than 10.

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

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

This heading gives the name of the town in which the diplomatic mission or consular post which is issuing the visa is situated; in the language of the Contracting Party issuing the visa this name is entered 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 the reference 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 a reference to the children and the spouse accompanying the holder if their names are entered in the passport (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.

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.

1.7. "TYPE OF VISA" heading

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

A: airport transit visa

B: transit visa

C: short-stay visa

D: long-stay national visa

D+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 as required.

1.8. "SURNAME AND FIRST NAME" heading

The first word in the "surname" box followed by the first word in the "first name" box of the visa holder's 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.

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 for the purpose of interpretation (see Annex 9).

3. Section for the photograph

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 were adopted 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 competent official.

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 an error is made when the visa is issued, the sticker shall be invalidated.

- If the error 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 error is detected after the sticker has been affixed to the passport, a red cross shall be drawn on the sticker and a new sticker 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 contains no 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.

Under 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 valid only 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.

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 in this section to render it unusable. The size and content of the stamp and the ink to be used shall be determined by the national 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.

VII. ADMINISTRATIVE MANAGEMENT AND ORGANISATION

1. Organisation of visa sections

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

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

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

- In order to prevent the formation of "habits" which could lead to a decline in the level of vigilance, 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 in cases where visas are subject to central consultation, photographs of applicants.

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(8)

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 lodged by nationals of third countries who are members of the family of a Union citizen or of a national of a State party to the EEA Agreement, and who are exercising their right to free movement.

VIII. CONSULAR COOPERATION AT LOCAL LEVEL

1. Framework of consular cooperation at local level

In general, consular cooperation in situ will concern the assessment of immigration risks. It shall be aimed mainly 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 manifestly ill-founded or fraudulent. It should also permit the exchange of information on bona fide applicants and the joint finalisation of information for the public on the conditions governing Schengen visa applications.

Consular cooperation shall also take account of the local administrative situation and socioeconomic 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 otherwise are aimed at preventing the same person from presenting multiple or successive visa applications, either whilst an application is being examined, or after an application has been refused, to the same mission or post or to 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 undertake, the mission or post with which an application is lodged shall affix a stamp to each applicant's passport stating "Visa applied for on ... at ...". The space following "on" shall be filled in with six digits (two 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, where possible, be affixed on the identification stamp.

In exceptional cases where it is manifestly impracticable to affix a stamp, the mission or post of the Presidency in office shall inform the competent Schengen group and submit for its approval an alternative proposal, for instance 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 decide, either at the initiative of the Presidency or at their own initiative, whether alternative or additional preventive measures are necessary.

3. Assessment of the applicant's good faith

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

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

The information which is exchanged and produced jointly 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 tour operators

The basic rule for visa applications is that there should be the possibility of a personal interview. However, this may be dispensed in so far 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 being 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) OJ L 64, 7.3.2003, p. 1.

(3) In exceptional cases, short-stay or transit visas may be issued at the border, pursuant to the conditions defined in part II, point 5 of the Common Manual on external borders.

(4) OJ L 99, 17.4.2003, p. 8.

(5) OJ L 99, 17.4.2003, p. 15.

(6) These reference amounts shall be determined according to the arrangements laid down in part I of the Common Manual on external borders.

(7) In the case of transit visas, the length of transit may not exceed five days.

(8) In accordance with Article 3 of Council Decision 2002/44/EC of 20 December 2001 (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 1

I. Joint list of third countries whose citizens are required to have a visa by Member States bound by Regulation (EC) No 539/2001(1), as amended by Regulation (EC) No 2414/2001(2) and Regulation (EC) No 453/2003(3).

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

I. Joint list of third countries whose citizens are required to have a visa by Member States bound by Regulation (EC) No 539/2001, as amended by Regulation (EC) No 2414/02001 and Regulation (EC) No 453/2003.

1. States

AFGHANISTAN

ALBANIA

ALGERIA

ANGOLA

ANTIGUA AND BARBUDA

ARMENIA

AZERBAIJAN

BAHAMAS

BAHRAIN

BANGLADESH

BARBADOS

BELARUS

BELIZE

BENIN

BHUTAN

BOSNIA AND 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 CONGO

DJIBOUTI

DOMINICA

DOMINICAN REPUBLIC

EAST TIMOR

ECUADOR

EGYPT

EQUATORIAL GUINEA

ERITREA

ETHIOPIA

FIJI

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

MOLDOVA

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

SAO TOME AND PRINCIPE

SAUDI ARABIA

SENEGAL

SERBIA AND MONTENEGRO

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

TAJIKISTAN

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

TAIWAN

PALESTINIAN AUTHORITY

II. Joint list of third countries whose citizens are exempted from the visa requirement by Member States bound by Regulation (EC) No 539/2001, as amended by Regulation (EC) No 2414/02001 and Regulation (EC) No 453/2003.

1. States

ANDORRA

ARGENTINA

AUSTRALIA

BOLIVIA

BRAZIL

BRUNEI DARUSSALAM

BULGARIA

CANADA

CHILE

COSTA RICA

CROATIA

CYPRUS

CZECH REPUBLIC

EL SALVADOR

ESTONIA

GUATEMALA

HOLY SEE (STATE OF THE VATICAN)

HONDURAS

HUNGARY

ISRAEL

JAPAN

LATVIA

LITHUANIA

MALAYSIA

MALTA

MEXICO

MONACO

NEW ZEALAND

NICARAGUA

PANAMA

PARAGUAY

POLAND

ROMANIA

SAN MARINO

SINGAPORE

SLOVAKIA

SLOVENIA

SOUTH KOREA

UNITED STATES

URUGUAY

VENEZUELA

2. Special Administrative Regions of the People's Republic of China

HONG KONG S.A.R.(4)

MACAO S.A.R.(5)

(1) OJ L 81, 21.3.2001, p. 1.

(2) OJ L 327, 12.12.2001, p. 1.

(3) OJ L 69, 13.3.2003, p. 10.

(4) The visa exemption applies only to holders of a "Hong Kong Special Administrative Region" passport.

(5) 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 and service passports and holders of laissez-passers issued by certain International Intergovernmental Organisations to their officials

I. Regulations governing movements at external borders

1. Movements of holders of diplomatic, official 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.

2. 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. A schedule of States to which the obverse applies shall also be drawn up if necessary. The Executive Committee shall assume responsibility for updating these schedules.

3. The regulations governing movements mentioned in this document shall not apply to holders of ordinary passports travelling on public business nor to holders of service, official or special passports, etc., where issue by third countries does not conform to 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 schedule of passports other than ordinary passports, to holders of which the Schengen States do not plan to accord preferential treatment.

4. Pursuant to the provisions of Article 18 of the Schengen Convention, persons to whom a visa is issued to enable them to reach the territory of the Schengen State for the purpose of their accreditation may at least transit through the other States on their way to the State which issued the visa.

5. 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.

6. In general, the holders of diplomatic, official or service passports, even though they remain subject to a visa requirement, where such a 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 that are required from ordinary passport holders applying for visas.

7. A 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 or service passport when the applicant is on mission. A note verbale may also be requested where the journey is for private purposes.

8.1. The arrangement for prior consultation with the central authorities of the other Contracting States shall apply to requests 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 with limited territorial validity.

8.2. The Schengen States undertake not to conclude at a future date, without the prior agreement of the other Member States, agreements on the lifting of 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 the visa in question is to be issued for accrediting an alien who is the subject of an alert for the purpose of refusing entry and the arrangement for prior consultation applies, the consultation should be carried out in accordance with the provisions of Article 25 of the Schengen Convention.

9. If a Contracting State invokes the exceptions provided for under Article 5(2) of the Schengen Convention, entry granted 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 accordingly.

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 with 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 the Intergovernmental International Organisations to which all the Schengen States belong to officials of those organisations who, pursuant to the Treaties establishing those Organisations, are exempted from registering with the Immigration Office and from holding a residence permit (see page 66 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 who are subject to this requirement when they are holders of ordinary passports.

>TABLE>

DS: 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 who are NOT subject to this requirement when they are holders of ordinary passports

>TABLE>

ANNEX 3

Joint list of third countries whose nationals are subject to the 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 their interests.

Part I

Joint list of third countries whose nationals are subject to the airport visa requirement (ATV) by all Schengen States where holders of travel documents issued by these third countries are also subject to this requirement(2)(3)

AFGHANISTAN

BANGLADESH

CONGO (Democratic Republic)

ERITREA(4)

ETHIOPIA

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 and listed in Part III (B).

This list of residence permits shall be drawn up by mutual agreement within Working Group II's subgroup on visas and verified regularly. 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 this exemption if indicated in Part III.

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

Part II

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

>TABLE>

Part III

A. List of residence permits of EEA States for which the holders are exempt from the airport transit visa requirement:

IRELAND

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

LIECHTENSTEIN:

- Livret pour étranger B (Alien's card B) (residence permit, guaranteeing the holder's return provided the one-year validity has not expired)(6)

- Livret pour étranger C (Alien's card C) (settlement permit, guaranteeing the holder's return provided the five- or ten-year validity has not expired)

UNITED KINGDOM

- Leave to remain in the United Kingdom for an indefinite period (this document guarantees return only if the duration of stay outside the United Kingdom is not more than two years)

- Certificate of entitlement to the right of abode

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

ANDORRA

- Tarjeta provisional de estancia y de trabajo (provisional residence and work permit) (white). These are issued to seasonal workers; the period of validity depends on the duration of employment, but never exceeds six months. This permit is not renewable(7)

- 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(8)

- Tarjeta de estancia (residence permit) (white). This permit is issued for six months and may be renewed for another year(9)

- 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(10)

- Tarjeta ordinaria de residencia (ordinary residence permit) (yellow). This permit is issued for three years and may be renewed for another three years(11)

- 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(12)

- 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(13)

- 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 then years

JAPAN

- Returning Resident Permit (loose-leaf in passport)

CANADA

- Re-entry permit to Japan(14)

MONACO

- Carte de séjour de résident temporaire de Monaco (temporary resident's permit)(15)

- 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 Monegasque national)

SAN MARINO

- Permesso di soggiorno ordinario (validità illimitata) (ordinary residence permit (no expiry date))

- Permesso di soggiorno continuativo speciale (validità illimitata) (special permanent residence permit (no expiry date))

- Carta d'identità di San Marino (validità illimitata) (San Marino identity card (no expiry date))

SWITZERLAND

- Livret pour étranger B (Alien's card B) (residence permit, guaranteeing the holder's return provided the one-year validity has not expired)(16)

- Livret pour étranger C (Alien's card C) (settlement permit, guaranteeing the holder's return provided the five- or ten-year validity has not expired)

UNITED STATES OF AMERICA

- Form I-551 Permanent resident card (valid for two(17) to 10 years)

- Form I-551 Alien registration receipt card (valid for two(18) 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)(19)

- Resident alien card (valid for two(20) or 10 years or no expiry date. This document guarantees the holder's return only if his or her stay outside the USA has not exceeded one year.)

- Permit to re-enter (valid for two years. This document guarantees the holder's return only if his or her stay outside the USA has not exceeded two years.)(21)

- Valid temporary residence stamp in a valid passport (valid for one year from the date of issue)(22)

(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 and Italy:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(22) 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

(Aliens Identity Card)

- Certificat d'inscription au registre des étrangers

Bewijs van inschrijving in het vreemdelingenregister

Bescheinigung der Eintragung im Ausländerregister

(Certificate of entry in aliens' 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 identiteitskaart - 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 photographie 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 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 nationals)

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

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

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

(Card K. Temporary residence permit for nationals 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 nationals of third 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 residence 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 nationals who have a basis for residence other than that deriving from 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 nationals who have a basis for residence other than that deriving from 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 x 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.

Other documents

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

- Readmission permit in the form of a visa-sticker with national code DK.

GERMANY

- Aufenthaltserlaubnis für die Bundesrepublik Deutschland

(Residence permit for the Federal Republic of Germany)

- Aufenthaltserlaubnis für Angehörige eines Mitgliedstaates der EG

(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 entitle the holder to enter without a visa only when they are inserted in a passport or issued in connection with a passport as an authorisation replacing a visa. They do not entitle the holder to enter without a visa if they are issued instead of a national identity document.

The document for a deferred expulsion measure "Aussetzung der Abschiebung (Duldung)" (exceptional leave to remain 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 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 domestic staff)

- 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 reunification)

- Άδεια παραμονής αλλοδαπού για σπουδές

(Residence permit for study purposes)

- Άδεια παραμονής αλλοδαπού

(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

(Αlien'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

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

- Δελτίο ταυτότητας αλλοδαπού

(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

(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

(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

(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.

NB:

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.

Currently valid residence permits entitling aliens who, because of their 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 acknowledging exemption from the requirement to obtain a work and residence permit - Article 16 Law No 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 familiar de residente comunitario

(Temporary pass for relatives of a Community resident).

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

- 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 States and to staff accredited to the office of the Palestinian General Delegation (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), entitled "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), entitled "Personal de servicio. Missiones diplomáticas, oficinas consulares y organismos internacionales. Emitido a ... Documento de identidad" (Service 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

1. 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 containing a particular reference depending on 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 bearing the words "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 délivrée aux chefs de mission diplomatique

(special residence permit marked "CMD/A" issued to heads of diplomatic missions)

- Titre de séjour spécial portant la mention CMD/M délivré aux chefs de mission d'une organisation internationale

(special residence permit marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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 marked "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).

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

- Document de circulation pour étrangers mineurs

(Travel document for alien minors)

- Titre d'identité républicain

(French Republic identity document)

- 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/service/ordinary passports for minors who are children of holders of a Special Pass issued by the Ministry of Foreign Affairs containing a travel visa).

3. 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 "attestation de fonctions" (certificate of appointment) issued by the protocol department 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 standard 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:)

1. 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)

2. Permesso di soggiorno per cure mediche

(Residence permit for medical purposes)

3. Permesso di soggiorno per motivi di giustizia

(Residence permit for legal purposes)

- 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)

NB:

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 embassy 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

1. The following types of aliens document:

- I (Regulier bepaalde tijd)

(Regular fixed-term)

- II (Regulier onbepaalde tijd)

(Regular indefinite)

- III (Asiel bepaalde tijd)

(Asylum fixed-term)

- IV (Asiel onbepaalde tijd)

(Asylum indefinite)

- EU/EER (Gemeenschapsonderdanen)

(EU nationals).

2. Het Geprivilegeerdendocument

(Privileged persons document)

Document issued to a group of "privileged persons" comprising members of the diplomatic corps, the consular corps and certain international organisations, and members of their family.

- Visum voor terugkeer

(Return visa)

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

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).

- Vor dem 1. Januar 1998 erteilte Aufenthaltstitel im Rahmen der - auch "unbefristet" eingetragenen - Gültigkeitsdauer:

Residence permits issued before 1 January 1998 remain valid for the period mentioned, some having been issued for an indefinite period:

"Wiedereinreise - Sichtvermerk" oder "Einreise - Sichtvermerk"; wurden bis 31. Dezember 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, and in the form of a stamp by the representing authorities;

"Gewöhnlicher Sichtvermerk"; wurde vom 1. Januar 1993 bis 31. Dezember 1997 in Form einer Vignette - ab 1. September 1996 entsprechend der Verordnung (EG) 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 EU Regulation 1683/95)

"Aufenthaltsbewilligung"; wurde vom 1. Januar 1993 bis 31. Dezember 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. Januar 1993

(Travel document, issued as of 1 January 1993)

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

(Identity card with photograph for the bearers of privileges and immunities in red, yellow and blue, issued by the Ministry for Foreign Affairs)

- Lichtbildausweis im Kartenformat für Träger von Privilegien und Immunitäten in den Farben rot, gelb, blau, grün, braun, grau und orange, ausgestellt vom Bundesministerium für auswärtige Angelegenheiten

(Identity card (in card format) with photograph for the bearers of privileges and immunities in red, yellow, blue, greenish brown, grey and orange 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

(Deferral of enforcement and deferral of removal following refusal of a residence permit or expulsion)

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

(Authorisation to re-enter, despite refusal of a residence permit, 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 abgelehnten Asylantrags

(Temporary residence permit pursuant to paragraph 15 of the 1997 Asylum Act or paragraph 8 of the 1991 Asylum Act, granting exceptional leave to remain despite 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, mission official)

- 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 administrativo 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, mission official)

- Título de residência

(Residence permit)

- Autorização de residência temporária

(Temporary residence authorisation)

- Autorizaçåo de residência permanente

(Permanent residence authorisation)

- Autorização de residência vitalícia

(Residence authorisation valid for life)

- Cartão de identidade de refugiado

(Refugee identity card)

- Autorização de residência por razões humanitárias

(Residence authorisation on humanitarian grounds)

- Cartão de residência de nacional de um estado-membro da Comunidade Europeia

(Residence permit of a national of an EC Member State)

- Cartão de residência temporária

(Temporary residence permit)

- Cartâo de residência

(Residence permit).

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 nationals of the Member States of the EU or the EEA and to members of their families

- 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 25 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 dependants, 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 Schengen is brought into force 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 such time as the Norwegian authorities have to 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 refugee's travel document (Reisebevis - blue)

- An immigrant's passport (Utlendingspass - green).

The holder of one of these travel documents is guaranteed to be permitted to re-enter Norway while the document remains valid.

- EEA card

issued to EEA nationals and members of their families 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

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 to issue uniform visas in exceptional cases and on a temporary basis

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 consul 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(1).

(1) The Honorary Consul of the Netherlands in Nassau (Bahamas) is no longer authorised to issue uniform visas from 1 September 2003.

ANNEX 7

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

BELGIUM

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

The administrative practice is as follows:

- Aliens staying with a private individual

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 municipal administration of his place of residence.

The declaration of liability covers the costs of the alien's stay, health care, accommodation and repatriation in the event that the alien is unable to pay, so as to ensure that the public authorities do not have to bear them. 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 is without any financial credit at all, he must have access to approximately 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 at all, he must have access to approximately EUR 50 for each day of the planned stay.

In most cases, the person concerned must in addition 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 means adequate for his subsistence and for the return journey.

In each case it is for the border control services at the point of entry to determine whether this is the case by conducting a specific appraisal of the economic situation of the alien, taking account of information on his or her possibilities with regard to accommodation and the return journey.

For the purpose of determining whether the alien has adequate means of subsistence, the administration has, in principle, set a figure of DKK 300 per 24 hours. This is the sum which the alien must have at his disposal.

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 removal.

This is the case if an alien is obliged to claim or claims social security 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 set for use by 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 corresponding financial means.

Nevertheless, prior to the decision to refuse entry to the alien, he must be granted the opportunity to produce, in a timely and lawful fashion, the financial means necessary to provide for his stay on German territory, notably 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 for 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 countries 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 in accordance with the principle of reciprocity.

SPAIN

Aliens must prove that they have the necessary 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 origin or for transit via third states: the nontransferable and fixed-date ticket or tickets, bearing the name, for the intended mode 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. In the absence of these documents, any other supporting documents recognised by the Spanish border police authorities may be produced.

FRANCE

The reference amount for 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 government 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.

Persons holding proof of accommodation ("attestation d'accueil") 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 entered into by adherence to specific international agreements, shall allow entry into its territory to aliens who can prove that they possess suitable documentation to confirm the purpose and conditions of their residence and that they have sufficient means of subsistence for the duration of their stay and, except in the case of residence permits for work purposes, for their return to the country of origin. Means of subsistence are defined in the relevant directive issued by the Minister for the Interior. Aliens who do not satisfy these requirements or who are considered a threat to national security or public order 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 sources of income in the national territory,

- the monetary amounts laid down in the directive are to be reviewed 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 that he has suitable accommodation in Italian territory and that he possesses the sum needed for repatriation; he may also present 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 purpose 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 purpose of tourism

>TABLE>

LUXEMBOURG

The law of Luxembourg does not provide for any reference amount for border controls. The official conducting the check decides on a case-by-case basis whether an alien arriving at the border has adequate means of subsistence. In this regard the official takes particular account of the purpose of the stay and the type of accommodation.

THE NETHERLANDS

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

This criterion is applied flexibly, 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) Z 4 of the Aliens Act, aliens shall be refused entry at the border if they have no place of residence in Austria and do not have sufficient means of subsistence to meet the costs of their stay and return.

However, there are no reference amounts for the above. Decisions are made on a case-by-case basis depending on the purpose, type and duration of the stay. Cash and, depending on individual circumstances, 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 as the basis when checking means of subsistence is at present EUR 40 per person per day.

SWEDEN

Swedish law does not lay down 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 have enough money to meet their needs in Iceland and to make the return journey. In practice, the reference amount is ISK 4000 per person. If the expenses connected with the stay are borne by a third party, the amount is halved. The total minimum amount is ISK 20000 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 refused entry 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 334/2001(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 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.

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

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

If, on the expiry of a period of 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 on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 1 shall become applicable six months after 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

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Security features

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

2. 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.

3. 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.

4. 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.

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

Sections to be completed

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

7. 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.

8. 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.

9. 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:

1. 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)."

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."

3. 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."

4. The following point shall be inserted in the Annex: "2 a. 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 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.

(6) OJ L 184, 17.7.1999, p. 23.

(7) OJ L 239, 22.9.2000, p. 317.

(8) OJ L 164, 14.7.1995, p. 1.

(9) OJ L 53, 23.2.2002, p. 7.

ANNEX 9

CONFIDENTIAL

ANNEX 10

CONFIDENTIAL

ANNEX 11

Criteria for determining whether a travel document may bear a visa

The travel documents described below shall be considered valid for the purpose of Article 17(3a) of the Convention implementing the Schengen Agreement, provided that they confirm 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 in 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 them as valid documents to which to affix a joint visa (which may alternatively be affixed to 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 which are not recognised and which have issued these documents.

These lists, if compiled, shall serve only to meet the requirements for implementing the Schengen Convention and shall not preclude Member States from recognising countries or regional and local entities that are not recognised.

(c) Travel documents for refugees issued in accordance with the Convention of 1951 on the Status of Refugees.

(d) Travel documents for stateless persons issued in accordance with 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, corresponding to the administrative costs of processing the visa application(1)

>TABLE>

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:

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

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

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

(1) In accordance with Article 3 of Council Decision 2002/44/EC of 20 December 2001 (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

Note:

Note: as a general rule, 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 VISA

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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 fixed by adding a period of grace of 7 days in case the visa holder postpones departure.

- ATVs do not confer the right to stay, the heading "duration of stay" should be deleted with XXX.

Example 2a

DUAL ATV

(valid for one country)

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- The dual 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 journey plus 7 days (in the example shown: Return date 15.02.00).

- If the intention is to transit through one airport only, the name of the country concerned is entered under the heading "valid for" (Example 2a). If transit is made by way of exception via two different Schengen countries on the outward and return journeys, the visa is marked "Schengen States" (see Example 2b below).

Example 2b

DUAL ATV

(valid for several countries)

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- "Schengen States" should be entered under the heading "valid for" to allow transit via two airports situated in two different countries.

Example 3

MULTIPLE ATV

(should only be issued in exceptional cases)

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

- For the entry under "valid for", the same rule applies as to dual ATVs.

TRANSIT VISAS

Example 4

SINGLE-ENTRY TRANSIT VISA

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- Type of visa:

the transit visa bears the identification code B. It is advisable 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 plus (five days maximum) plus 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 VISA

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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 plus six months.

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

Example 6

MULTIPLE-ENTRY TRANSIT VISA

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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 VISA

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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 plus duration of stay plus period of grace of 15 days.

- 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 plus 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 six months, one, two, three or five years in exceptional cases (e.g.VIPs). 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 VISA, A SINGLE COUNTRY ONLY.

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- In this example, the territorial validity is limited to a single country, 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 VISA, 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.

>PIC FILE= "C_2003310EN.007601.TIF">

- 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.

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Example 12

TRANSIT LTV VISA, ONE COUNTRY

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- 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 the visa the heading "passport number" is followed by + nX indicating the number of children, and if a spouse is travelling on the passport, by + Y. 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

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The above visa was issued by a consular post of a Schengen State representing another Schengen State.

In this case, under the heading "Remarks", the letter "R" must be entered, followed by the country code of the country on whose behalf the visa was issued.

The country codes to be used are as follows:

Belgium: B

Denmark: DK

Germany: D

Greece: GR

Spain: E

France: F

Italy: I

Luxembourg: L

The Netherlands: NL

Austria: A

Portugal: P

Finland: FIN

Sweden: S

Iceland: IS

Norway: N

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

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- In this case, the code of the country which issued the long-stay visa plus the words "Schengen States" are to be entered after the "VALID FOR" heading.

- This example shows a national long-stay visa issued by Greece 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

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ANNEX 14

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

1. INFORMATION WHEN ISSUING VISAS WITH LIMITED TERRITORIAL VALIDITY

1.1. General conditions

In order to obtain authorisation to enter the national territory of Schengen Contracting Parties, third-country nationals should in principle fulfil the conditions laid down in Article 5(1) of the Convention implementing the Schengen Agreement (hereinafter: the Schengen Convention).

If a third-country national does not fulfil all these conditions, entry or the issue of a visa shall be refused except where a Contracting Party considers it necessary to derogate from this rule on humanitarian grounds, on grounds of national interest, or because of international obligations. In such cases, the Contracting Party concerned may issue a visa with limited territorial validity (LTV) only and must inform the other Contracting Parties (Articles 5(2) and 16 of the Schengen Convention).

In principle, short-stay LTVs issued in accordance with the Schengen Convention and the Common Consular Instructions on visas, Chapter V(3) are subject to the following conditions:

(a) LTVs are issued by way of exception. The conditions under which this type of visa is issued must be carefully examined on a case-by-case basis;

(b) it should not be expected that the Schengen Contracting Parties will use and abuse the possibility to issue LTVs; this would not be in keeping with the purpose and objectives of Schengen. Given that the number of LTVs being issued will most probably be small, it is not necessary to provide for an automated procedure for informing the other Contracting Parties.

1.2. Rules of procedure

When drawing up rules of procedure governing the information to be sent by Contracting Parties when issuing LTVs, a distinction should be made between visas issued by diplomatic and consular representations and visas issued by the border authorities. The rules of procedure in force are as follows:

1.2.1. Issue of visas by diplomatic and consular representations

In general, the rules laid down for the provisional arrangements for consultation with the central authorities (Article 17(2) of the Schengen Convention shall apply mutatis mutandis to the information procedure used by the other Contracting Parties (see Doc. SCH/II-Visa (94) 7). Where different rules are used, these shall be notified by the Contracting Parties concerned. In general, information shall be sent within 72 hours.

1.2.2. Issue of visas by the border authorities

In this case, information shall be sent within 72 hours to the central authorities of the other Contracting Parties.

1.2.3. The Contracting Parties must designate which contact points should receive this information.

1.2.4. When setting up an automated procedure to enable consultation between the central authorities (Article 17(2), of the Schengen Convention), this shall include a provision ensuring that other Contracting Parties are informed of the issue of an LTV where the LTV is issued as a result of an objection to the issue of a Schengen visa on the part of one (or more) Contracting Party/Parties), in the framework of consultation. Where LTVs are issued in other circumstances, this procedure cannot be used for sending information between States.

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 grounds,

- grounds 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

The aim in cancelling a Schengen visa is to prevent persons from entering the territory of the Contracting Parties when it becomes evident after a visa has been issued that these persons do not fulfil the conditions warranting the issue of a visa.

Contracting Parties which cancel a visa issued by another Contracting Party shall in principle inform the central authorities of the issuing State within 72 hours.

This notification shall contain the following information:

Surname, first name, and date of birth of visa holder

Nationality of visa holder

Type and number of travel document

Number of the visa sticker

Category of visa

Date and place of visa issue

Date and reasons for cancellation.

2.2. Revoking visas

Revoking a visa permits cancellation of the remaining duration of its validity after entry to the territory.

A Contracting Party which revokes a uniform visa shall inform the issuing Contracting Party in principle 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 inform this Contracting Party's central authorities in principle 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 which issued the visa when the duration of its validity is cancelled, revoked or reduced shall in principle 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 for substantive reasons only, notably on humanitarian grounds or by reason of international commitments.

The second subparagraph in Article 25(1) provides that the Contracting Party issuing the alert shall withdraw the alert, but may put the alien concerned on its national list of alerts.

The application of the provisions mentioned above therefore 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 on 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, consultation of the issuing Contracting Party is also necessary if it becomes evident only a posteriori, i.e. after the residence permit has been issued, that an alert on the holder of the permit has been issued for the purpose of refusing entry.

In view of the underlying principles of the Schengen Convention, the issue of a residence permit to a third-country national for whom an alert has been issued for the purpose of refusing entry by one of the Contracting Parties shall also be limited to exceptional circumstances.

With regard to the communication referred to in Article 25 of the Convention, such a procedure is closely connected with the functioning of the Schengen Information System (SIS). The possibility of transmitting information via the forthcoming SIRENE procedure should be examined.

The rules of procedure set out in this note shall be re-examined from the point of view of their practical applicability at the latest twelve months after the Convention implementing the Schengen Agreement has been brought into force.

ANNEX 15

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

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ANNEX 16

Specimen harmonised uniform visa application form

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ANNEX 17

Facilitated transit document (FTD)

and

Facilitated rail transit document (FRTD)

Council Regulation (EC) No 693/2003

of 14 April 2003

establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual

THE COUNCIL OF THE EUROPEAN UNION,

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

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

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

Whereas:

(1) In order to prepare accession of new Member States, the Community should take into account specific situations, which may occur as a result of the enlargement and set out the relevant legislation in order to avoid future problems in relation with the crossing of the external border.

(2) The Community should address in particular the new situation of third country nationals who must necessarily cross the territory of one or several Member States in order to travel between two parts of their own country which are not geographically contiguous.

(3) A Facilitated Transit Document (FTD) and a Facilitated Rail Transit Document (FRTD) should be established for this specific case of transit by land.

(4) The FTD/FRTD are to constitute documents having the value of transit visas authorising their holders to enter in order to pass through the territories of Member States in accordance with the provisions of the Schengen acquis concerning the crossing of external borders.

(5) The conditions and the procedures for obtaining these documents should be facilitated in line with the provisions of the Schengen acquis.

(6) Penalties, as provided for in national law, should be imposed on the holder of the FTD/FRTD in case of misuse of the scheme.

(7) Since the objective of the proposed action, namely the recognition of FTD/FRTD, issued by one Member State, by the other Member States bound by the provisions of the Schengen acquis concerning the crossing of external borders cannot be sufficiently achieved by the Member States and can therefore by reason of the scale of the action be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.

(8) A uniform format for FTD and FRTD is established in Regulation (EC) No 694/2003(3).

(9) The Common Consular Instructions(4) and the Common Manual(5) should be amended accordingly.

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

(11) As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis(6), which fall within the area referred to in Article 1(B) of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement(7).

(12) This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis(8); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

(13) This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis(9); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

(14) This Regulation constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the Act of Accession and will therefore only become applicable after the lifting of the internal border controls,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Definition

1. This Regulation establishes a Facilitated Transit Document (FTD) and a Facilitated Rail Transit Document (FRTD) for the purpose of facilitated transit.

2. Facilitated transit shall mean the specific and direct transit by land of a third country national who must necessarily cross the territory of one or several Member States in order to travel between two parts of his own country which are not geographically contiguous.

Article 2

Specific authorisation (FTD/FRTD)

1. The FTD is a specific authorisation allowing for a facilitated transit, which may be issued by Member States for multiple entries by whatever means of land transport.

2. The FRTD is a specific authorisation allowing for facilitated transit, which may be issued by Member States for a single entry and return by rail.

3. The FTD/FRTD shall be issued in the form of uniform formats in accordance with Regulation (EC) No 694/2003.

Article 3

Scope and validity

1. The FTD and the FRTD have the same value as transit visas and are territorially valid for the issuing Member State and other Member States through which the facilitated transit takes place.

2. The FTD shall be valid for a maximum period of up to three years. A transit based on the FTD shall not exceed 24 hours.

3. The FRTD shall be valid for a maximum period of up to three months. A transit based on the FRTD shall not exceed six hours.

CHAPTER II

ISSUING AN FTD/FRTD

Article 4

Conditions

In order to obtain an FTD/FRTD, the applicant shall:

(a) possess a valid document, authorising him to cross external borders as defined pursuant to Article 17(3)(a) of the Convention implementing the Schengen Agreement of 14 June 1985, signed at Schengen on 19 June 1990(10);

(b) not be a person for whom an alert has been issued for the purposes of refusing entry;

(c) not be considered to be a threat to public policy, national security or the international relations of any of the Member States. However, in relation to the FRTD, prior consultation in accordance with Article 17(2) of the Convention implementing the Schengen Agreement shall not apply;

(d) for the FTD, have valid reasons for frequent travelling between the two parts of the territory of his country.

Article 5

Application procedure

1. The application for an FTD shall be presented to the consular authorities of a Member State which has communicated its decision to issue the FTD/FRTD in accordance with Article 12. If more than one Member State has communicated its decision to issue the FTD, the application shall be submitted to the consular authorities of the Member State of the first entry. This procedure shall provide for the submission when appropriate of documentation demonstrating the need for frequent travel, in particular documents concerning family links or social, economic or other motives.

2. In the case of an FRTD, a Member State may, as a rule, accept applications transmitted via other authorities or third parties.

3. The application for an FTD shall be presented on the standard form as set out in Annex I.

4. The personal data for an FRTD shall be supplied on the basis of the Personal Data Sheet set out in Annex II. This Personal Data Sheet may be filled in on board the train before the affixing of the FRTD, and in any event before the entry into the territory of the Member State through which the train passes, on condition that the basic personal data, as set out in Annex II, are transmitted electronically to the authorities of the competent Member State at the moment when the request to purchase the railway ticket is made.

Article 6

Issuing procedure

1. The FTD/FRTD shall be issued by the consular offices of the Member State and shall not be issued at the border. The decision on issuing the FRTD shall be taken by the competent consular authorities at the latest 24 hours after the electronic transmission provided for in Article 5(4).

2. No FTD/FRTD shall be affixed in a travel document that has expired.

3. The period of validity of the travel document in which the FTD/FRTD is affixed shall be longer than that of the FTD/FRTD.

4. No FTD/FRTD shall be affixed in a travel document if that travel document is not valid for any of the Member States. In this case it shall be affixed by the consular offices on the uniform format for forms for affixing the visa in accordance with Regulation (EC) No 333/2002(11). If a travel document is only valid for one Member State or for a number of Member States, the FTD/FRTD shall be limited to the Member State or Member States in question.

Article 7

Administrative costs of an FTD/FRTD

1. The fee corresponding to the administrative costs of processing the application for an FTD shall be EUR 5.

2. The FRTD shall be issued free of charge.

CHAPTER III

COMMON PROVISIONS RELATED TO THE FTD/FRTD

Article 8

Refusal

1. The procedures, and appeal in cases where the consular post refuses to examine an application or issue an FTD/FRTD shall be governed by national law of the respective Member States.

2. If an FTD/FRTD is refused and national law requires the grounds for such a refusal to be given, the reason shall be communicated to the applicant.

Article 9

Penalties

Penalties, as provided for in national law, should be imposed on the holder of the FTD/FRTD in case of misuse of the scheme.

Such penalties shall be effective, proportionate and dissuasive, and shall include the possibility of cancelling or revoking the FTD/FRTD.

CHAPTER IV

FINAL PROVISIONS

Article 10

Subject to the specific rules set out in this Regulation, the provisions of the Schengen acquis relating to visas shall also apply to the FTD/FRTD.

Article 11

1. The Common Consular Instructions are hereby amended as follows:

(a) The following point shall be added to part I:

"2.5. Documents having the same value as a visa, authorising the crossing of external borders: FTD/FRTD

For facilitated transit, an FTD or an FRTD can be issued in accordance with Council Regulations (EC) No 693/2003(12) and (EC) No 694/2003(13) (see Annex 17)."

(b) The text of this Regulation and of Regulation (EC) No 694/2003 shall be added as Annex 17.

2. The Common Manual shall be amended as follows:

(a) The following point shall be added to Part I:

"3.4. DOCUMENTS HAVING THE SAME VALUE AS A VISA, AUTHORISING THE CROSSING OF EXTERNAL BORDERS: FTD/FRTD

For facilitated transit, an FTD or an FRTD can be issued in accordance with Council Regulations (EC) No 693/2003(14) and (EC) No 694/2003(15) (See Annex 15)."

(b) The text of this Regulation and of Regulation (EC) No 694/2003 shall be added as Annex 15.

Article 12

Implementation

1. Member States deciding to issue the FTD and the FRTD shall communicate such decision to the Council and the Commission. The decision shall be published by the Commission in the Official Journal of the European Union. It shall enter into force on the date of its publication.

2. If Member States decide no longer to issue the FTD and the FRTD they shall communicate that decision to the Council and the Commission. The decision shall be published by the Commission in the Official Journal of the European Union. It shall enter into force on the thirtieth day following its publication.

Article 13

Report

The Commission shall report to the European Parliament and the Council on the functioning of the facilitated transit scheme at the latest three years after the entry into force of the first decision as set out in Article 12(1).

Article 14

Entry into force

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

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

Done at Luxembourg, 14 April 2003.

For the Council

The President

A. Giannitsis

(1) Not yet published in the Official Journal.

(2) Opinion delivered on 8 April 2003 (not yet published in the Official Journal).

(3) See page 102 of this Official Journal.

(4) OJ C 313, 16.12.2002, p. 1. Instructions amended by Regulation (EC) No 415/2003 (OJ L 64, 7.3.2003, p. 1).

(5) OJ C 313, 16.12.2002, p. 97.

(6) OJ L 176, 10.7.1999, p. 36.

(7) OJ L 176, 10.7.1999, p. 31.

(8) OJ L 131, 1.6.2000, p. 43.

(9) OJ L 64, 7.3.2002, p. 20.

(10) OJ L 239, 22.9.2000, p. 19. Convention as last amended by Decision 2003/170/JHA (OJ L 67, 12.3.2003, p. 27).

(11) OJ L 53, 23.2.2002, p. 4.

(12) OJ L 99, 17.4.2003, p. 8.

(13) OJ L 99, 17.4.2003, p. 15.

(14) OJ L 99, 17.4.2003, p. 8.

(15) OJ L 99, 17.4.2003, p. 15.

ANNEX I

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ANNEX II

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Council Regulation (EC) No 694/2003

of 14 April 2003

on uniform formats for Facilitated Transit Documents (FTD) and Facilitated Rail Transit Documents (FRTD) provided for in Regulation (EC) No 693/2003

THE COUNCIL OF THE EUROPEAN UNION,

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

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

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

Whereas:

(1) In order to prepare accession of new Member States, the Community should take into account specific situations, which may occur as a result of the enlargement and set out the relevant legislation in order to avoid future problems in relation with the crossing of the external border.

(2) Council Regulation (EC) No 693/2003(3) establishes a Facilitated Transit Document (FTD) and Facilitated Rail Transit Document (FRTD) for the case of a specific transit by land of third country nationals who must necessarily cross the territory of one or several Member States in order to travel between two parts of their own country which are not geographically contiguous. Uniform formats for these documents should be established.

(3) These uniform formats should contain all the necessary information and meet high technical standards, in particular as regards safeguards against counterfeiting and falsification. The formats should also be suited to use by all Member States and bear universally recognisable harmonised security features which are clearly visible to the naked eye.

(4) Powers to adopt such common standards should be conferred on the Commission, which should be assisted by the Committee established by Article 6 of Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas(4).

(5) To ensure that the information in question is not divulged more widely than is necessary, it is also essential that each Member State issuing the FTD/FRTD designate a single body for printing the uniform format for FTD/FRTD, while retaining the possibility of changing that body, if necessary. For security reasons, each such Member State should communicate the name of the competent body to the Commission and to the other Member States.

(6) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred to the Commission(5).

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

(8) As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis(6), which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement(7).

(9) This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis(8); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

(10) This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis(9); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

(11) This Regulation constitutes an act building on the Schengen acquis or otherwise related to it within the meaning of Article 3(1) of the Act of Accession,

HAS ADOPTED THIS REGULATION:

Article 1

1. Facilitated Transit Documents (FTD) issued by the Member States as referred to in Article 2(1) of Regulation (EC) No 693/2003 shall be produced in the form of a uniform format (sticker) and shall have the same value as transit visas. They shall conform to the specifications set out in Annex I to this Regulation.

2. Facilitated Rail Transit Documents (FRTD) issued by the Member States as referred to in Article 2(2) of Regulation (EC) No 693/2003 shall be produced in the form of a uniform format (sticker) and shall have the same value as transit visas. They shall conform to the specifications set out in Annex II to this Regulation.

Article 2

1. Further technical specifications for the uniform format for FTD and FRTD relating to the following shall be established in accordance with the procedure referred to in Article 4(2):

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

(b) technical processes and rules for the filling in of the uniform FTD/FRTD;

(c) other rules to be observed for the filling in of the uniform FTD/FRTD.

2. The colours of the uniform FTD and FRTD may be changed in accordance with the procedure referred to in Article 4(2).

Article 3

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

2. Each Member State which has decided to issue the FTD/FRTD shall designate one body having responsibility for printing them. 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. The Commission shall be assisted by the Committee set up by Article 6(2) of Regulation (EC) No 1683/95.

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

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

3. The Committee shall adopt its Rules of Procedure.

Article 5

Without prejudice to data protection rules, persons to whom the FTD and FRTD is issued shall have the right to verify the personal particulars contained in the FTD/FRTD and, where appropriate, to have them corrected or deleted. No information in machine-readable form shall be included in the FTD and FRTD, unless provided for in the Annexes to this Regulation or unless it is mentioned in the relevant travel document.

Article 6

Member States which have decided to do so shall issue the uniform format for FTD and FRTD as referred to in Article 1 no later than one year after the adoption of the additional security features and requirements referred to in Article 2(1)(a).

The need for the incorporation of the photograph referred to in point 2 of Annex I and point 2 of Annex II may be determined by the end of 2005.

Article 7

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

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

Done at Luxembourg, 14 April 2003.

For the Council

The President

A. Giannitsis

(1) Not yet published in the Official Journal.

(2) Opinion delivered on 8 April 2003 (not yet published in the Official Journal).

(3) See page 95 of this Official Journal.

(4) OJ L 164, 14.7.1995, p. 1. Regulation as last amended by Regulation (EC) No 334/2002 (OJ L 53, 23.2.2002, p. 23).

(5) OJ L 184, 17.7.1999, p. 23.

(6) OJ L 176, 10.7.1999, p. 36.

(7) OJ L 176, 10.7.1999, p. 31.

(8) OJ L 131, 1.6.2000, p. 43.

(9) OJ L 64, 7.3.2002, p. 20.

ANNEX I

FACILITATED TRANSIT DOCUMENT (FTD)

Security features

1. An optically variable device (OVD), which provides a quality of identification and a level of security not less than the device used in the current uniform format for visas, 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.

2. An integrated photograph produced according to high security standards.

3. The logo consisting of a letter or letters indicating the issuing Member State 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 logos shall be used following Regulation (EC) No 1683/95.

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

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

Sections to be completed

6. This box shall begin with the words "valid for". The issuing authority shall indicate the territory or territories for which the FTD is valid.

7. 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 FTD.

8. This box shall begin with the words "number of entries" and further along the line the words "duration of transit" and again "days" shall appear.

9. 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 indicate the name and the forename of the holder.

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 5 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 not be coloured (basic white shade).

The words designating the boxes shall appear in English, French and in the language of the issuing State.

Model of the FTD

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ANNEX II

FACILITATED RAIL TRANSIT DOCUMENT (FRTD)

Security features

1. An optically variable device (OVD), which provides a quality of identification and a level of security not less than the device used in the current uniform format for visas, 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.

2. An integrated photograph produced according to high security standards.

3. The logo consisting of a letter or letters indicating the issuing Member State 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 logos shall be used following Regulation (EC) 1683/95.

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

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

Sections to be completed

6. This box shall begin with the words "valid for". The issuing authority shall indicate the territory or territories for which the FRTD is valid.

7. 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 FRTD.

8. In this box shall be stated "single entry and return" and further along the line the word "hours".

9. 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 indicate the name and the forename of the holder.

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 5 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 not be coloured (basic white shade).

The words designating the boxes shall appear in English, French and in the language of the issuing State.

Model of the FRTD

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