22.12.2005

EN

Official Journal of the European Union

C 326/1

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

(2005/C 326/01)

CONTENTS

I.	General provisions

1.

Scope

2.	Definition and types of visa

2.1.	Uniform visas

2.1.1.

Airport transit visas

2.1.2.

Transit visas

2.1.3.

Short-term or travel visas multiple entry visas

2.1.4.

Group visas

2.2.	Long-term visas

2.3.	Visas with limited territorial validity

2.4.	Visas issued at the border

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

II.	Diplomatic mission or consular post responsible

1.	Determining the State responsible

1.1.	State responsible for deciding on an application

1.2.	State representing the State responsible

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

2.1.	Consultation with the national central authority

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

2.3.	Consultation procedure in the framework of representation

3.	Visa applications lodged by non-residents

4.	Authorisation to issue uniform visas

III.	Receipt of the application

1.	Visa application forms. Number of application forms

2.	Documents to be enclosed

3.	Guarantees regarding return and means of subsistence

4.	Personal interview with the applicant

IV.	Legal basis

V.	Examination of applications and decisions taken

Basic criteria for examining applications

1.	Examination of visa applications

1.1.	Verification of the visa application

1.2.	Verification of the applicant's identity

1.3.	Verification of the travel document

1.4.	Verification of other documents depending on the application

—	Supporting documents regarding the purpose of the journey

—	Supporting documents regarding means of transport and return

—	Supporting documents regarding means of subsistence

—	Supporting documents regarding accommodation

—	Other documents which may be required

1.5.	Assessment of the applicant's good faith

2.	Decision-making procedure for visa applications

2.1.	Choice of type of visa and number of entries

2.2.	Administrative responsibility of the intervening authority

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

(a)

Procedure

(b)	Transmission of applications to the national central authority

(c)	Information transmitted to the central authority

(d)	Transmission of applications between central authorities

(e)	Deadline for replies: Extension

(f)	Decision based on the outcome of the consultation

(g)	Transmission of specific documents

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

3.	Visas with limited territorial validity

VI.	How to fill in visa stickers

1.	Common entries section (section 8)

1.1.	‘VALID FOR’ heading

1.2.	‘FROM … TO’ heading

1.3.	‘NUMBER OF ENTRIES’ heading

1.4.	‘DURATION OF VISIT … DAYS’ heading

1.5.	‘ISSUED IN … ON …’ heading

1.6.	‘PASSPORT NUMBER’ heading

1.7.	‘TYPE OF VISA’ heading

1.8.	‘NAME AND FIRST NAME’ heading

2.	National entries section (comments) (Section 9)

3.	Section for the photograph

4.	Section to be electronically scanned (Section 5)

5.	Other aspects relating to the issue of visas

5.1.	Signing visas

5.2.	Invalidating completed visa stickers

5.3.	Affixing visa stickers to passports

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

5.5.	Stamp of the issuing diplomatic mission or consular post

VII.	Administrative management and organisation

1.	Organisation of visa departments

2.

Filing

3.	Visa registers

4.	Fees to be charged for the issue of visas

VIII.

Consular cooperation at local level

1.	Outline of consular cooperation at local level

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

3.	Assessment of the applicant's good faith

4.	Exchange of statistics

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

5.1.	Types of intermediary

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

ANNEXES TO THE COMMON CONSULAR INSTRUCTIONS ON VISAS

1.

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

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

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

4.	List of documents entitling holders to entry without a visa

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

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

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

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

9.	Information to be entered by the Contracting Parties, if necessary, in the ‘comments’ section

10.	Instructions on inserting information in the optical reading area

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

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

13.	Guidelines on how to fill in visa stickers

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

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

16.	Specimen harmonised uniform visa application form

17.	Facilitated Transit Document (FTD) and Facilitated Rail Transit Document (FRTD)

18.	Table of representation for issuing uniform visas

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 Implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (hereinafter referred to as ‘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 taking 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 V, 2, 2.1).

2.1.4.   Group visas

This is a transit visa or a visa limited to a maximum of thirty days, which may be affixed to a group passport — 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 it as a group.

Group visas may be issued to groups of between 5 and 50 people. The person in charge of the group shall possess an individual passport and, where necessary, an individual visa.

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 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 State, the uniform visa may be issued by the mission or post of the State representing the State responsible. The visa is issued on behalf of the State that is being represented, subject to its prior authorisation, and where necessary, to consultation between the central authorities. If one of the Benelux States has a diplomatic mission or consular post, it shall in priciple automatically represent the other Benelux States, unless the Benelux State concerned is in practice unable to represent the other Benelux States, in which case the latter may call upon another partner State to represent them on visa matters in the third country in question.

(b)

Even if a State has a diplomatic mission or consular post in a third country, it may ask another State having a consular post in that third country to represent it. The uniform visa is issued on behalf of the State that is being represented, subject to its prior authorisation, and where necessary, to consultation between the central authorities.

(c)

When uniform visas are issued pursuant to (a) and (b), the form of representation shall be agreed between the State or States being represented and the State representing that or those State(s), and shall specify: — the duration of such representation and the conditions for its termination; — and, for the application of point (b), the arrangements for implementing such representation, including the conditions governing the provision of premises by the representing State or the provision of staff by the representing State and the State being represented, and the possible financial contribution of the State being represented to the costs involved in issuing visas incurred by the representing State.

(d)	When uniform visas are issued pursuant to (a) and (b), the representation shall be reflected in the table of representation for the issuing of uniform visas set out in Annex 18.

(e)

The procedure for issuing Schengen visas in the event of representation pursuant to (a) and (b) 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 all third States. They may decide that in certain third States visa applications or applications for a particular kind of visa must be made at a permanent consular post or diplomatic mission of the State that is the 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. — At local level, diplomatic missions or consular posts shall, in the framework of local consular cooperation, ensure that appropriate information on the responsibilities arising from the use of representation pursuant to (a) and (b) is made available to visa applicants.

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

Article 5

1.

For stays not exceeding three months, aliens fulfilling the following conditions may be granted entry into the territories of the Contracting Parties: (a) that the aliens possess a valid document or documents, as defined by the Executive Committee, authorising them to cross the border; (b) that the aliens are in possession of a valid visa if required; (c) that the aliens produce, if necessary, documents justifying the purpose and conditions of the intended stay and that they have sufficient means of subsistence, both for the period of the intended stay and for the return to their country of origin or transit to a Third State into which they are certain to be admitted, or are in a position to acquire such means lawfully; (d) that the aliens shall not be persons for whom an alert has been issued for the purposes of refusing entry; (e) that the aliens shall not be considered to be a threat to 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 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 in assessing whether there is an immigration risk. The purpose of examining applications is to detect those applicants who are seeking to immigrate to the Member States and set themselves up there, using grounds such as tourism, business, study, work or family visits as a pretext. Therefore, it is necessary to be particularly vigilant when dealing with ‘risk categories’, unemployed persons, those with no regular income, etc. To the same end, fundamental importance attaches to the interview held with the applicant to determine the purpose of the journey. Additional supporting documentation, agreed through local consular cooperation if possible, may also be required. The diplomatic mission or consular post must also draw on local consular cooperation to enhance its capacity to detect false or falsified documents submitted in support of some visa applications. If there is any doubt as to the authenticity of the papers and supporting documents submitted, including doubt as to the veracity of their contents, or over the reliability of statements collected during interview, 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, traveller's 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). In addition, in support of an application for a short-term or travel visa, applicants must show that they are in possession of adequate and valid individual or group travel insurance to cover any expenses which might arise in connection with repatriation for medical reasons, urgent medical attention and/or emergency hospital treatment. Applicants should in principle underwrite insurance in their State of residence. Where this is not possible, they should seek to obtain insurance in any other country. If the host underwrites insurance for the applicant, he should do this in his own place of residence. The insurance must be valid throughout the territory of the Member States applying in full the provisions of the Schengen acquis and cover the entire period of the person's stay. The minimum coverage shall be EUR 30 000. In principle, the proof of this insurance shall be submitted when the visa is issued. The diplomatic mission or consular post competent to examine a visa application may decide that this requirement has been met where it is established that an adequate level of insurance may be assumed in the light of the applicant's professional situation. Diplomatic missions or consular posts may, on a case by case basis, decide to make an exception from this requirement for holders of diplomatic, official duty and other official passports, or when this protects national interests in the field of foreign policy, development policy or other areas of vital public interest. Exceptions from the requirement to produce evidence of travel insurance may also be made when, in the framework of local consular cooperation, it is established that it is impossible for nationals of certain third States to acquire such insurance. When assessing whether an insurance is adequate, Member States may ascertain whether claims against the insurance company would be recoverable in a Member State, Switzerland or Liechtenstein.

—

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 Chapter VIII, 3, of these Instructions.

2.   Decision-making procedure for visa applications

2.1.   Choice of type of visa and number of entries

A uniform visa pursuant to Article 11 may be:

—	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 Third State, provided that no transit exceeds five days and provided that the entry of the alien into the territory of the destination Third State 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, (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 7 days one of the consulted central authorities asks for the deadline to be extended, this may be increased by 7 days. In exceptional cases, the consulted central authority may submit a justified request for an extension of more than 7 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:

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: A for Austria, 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 + 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 re-use 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. Cancelled visa stickers shall be registered as such.

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

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 socio-economic structure.

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

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

The exchange of information between missions and posts and the identification of applications by means of a stamp or 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 point 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.

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(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 5 days.

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