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Document 02009R0810-20200202
Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code)
Consolidated text: Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code)
Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code)
02009R0810 — EN — 02.02.2020 — 005.003
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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REGULATION (EC) No 810/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009 establishing a Community Code on Visas (OJ L 243 15.9.2009, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 258 |
9 |
4.10.2011 |
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REGULATION (EU) No 154/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 February 2012 |
L 58 |
3 |
29.2.2012 |
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REGULATION (EU) No 610/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 June 2013 |
L 182 |
1 |
29.6.2013 |
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REGULATION (EU) 2016/399 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 March 2016 |
L 77 |
1 |
23.3.2016 |
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REGULATION (EU) 2019/1155 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 |
L 188 |
25 |
12.7.2019 |
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Corrected by:
REGULATION (EC) No 810/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 July 2009
establishing a Community Code on Visas
(Visa Code)
TITLE I
GENERAL PROVISIONS
Article 1
Objective and scope
The provisions of this Regulation shall apply to any third-country national who must be in possession of a visa when crossing the external borders of the Member States pursuant to Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement ( 1 ), without prejudice to:
the rights of free movement enjoyed by third-country nationals who are family members of citizens of the Union;
the equivalent rights enjoyed by third-country nationals and their family members, who, under agreements between the Community and its Member States, on the one hand, and these third countries, on the other, enjoy rights of free movement equivalent to those of Union citizens and members of their families.
Article 2
Definitions
For the purpose of this Regulation the following definitions shall apply:
‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 17(1) of the Treaty;
‘uniform visa’ means a visa valid for the entire territory of the Member States;
‘visa with limited territorial validity’ means a visa valid for the territory of one or more Member States but not all Member States;
‘airport transit visa’ means a visa valid for transit through the international transit areas of one or more airports of the Member States;
‘visa sticker’ means the uniform format for visas as defined by Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas ( 2 );
‘recognised travel document’ means a travel document recognised by one or more Member States for the purpose of crossing the external borders and affixing a visa pursuant to Decision No 1105/2011/EU of the European Parliament and of the Council ( 3 );
‘separate sheet for affixing a visa’ means the uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form as defined by Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form ( 4 );
‘consulate’ means a Member State’s diplomatic mission or a Member State’s consular post authorised to issue visas and headed by a career consular officer as defined by the Vienna Convention on Consular Relations of 24 April 1963;
‘application’ means an application for a visa;
‘commercial intermediary’ means a private administrative agency, transport company or travel agency (tour operator or retailer);
‘seafarer’ means any person who is employed, engaged or works in any capacity on board a ship in maritime navigation or a ship navigating in international inland waters;
‘electronic signature’ means an electronic signature as defined in point (10) of Article 3 of Regulation (EU) No 910/2014 of the European Parliament and of the Council ( 5 ).
TITLE II
AIRPORT TRANSIT VISA
Article 3
Third-country nationals required to hold an airport transit visa
The following categories of persons shall be exempt from the requirement to hold an airport transit visa provided for in paragraphs 1 and 2:
holders of a valid uniform visa, national long-stay visa or residence permit issued by a Member State;
third-country nationals holding a valid residence permit issued by a Member State which does not take part in the adoption of this Regulation or by a Member State which does not yet apply the provisions of the Schengen acquis in full, or third-country nationals holding one of the valid residence permits listed in Annex V issued by Andorra, Canada, Japan, San Marino or the United States of America guaranteeing the holder's unconditional readmission, or holding a valid residence permit for one or more of the overseas countries and territories of the Kingdom of the Netherlands (Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba);
third-country nationals holding a valid visa for a Member State which does not take part in the adoption of this Regulation, or for a Member State which does not yet apply the provisions of the Schengen acquis in full, or for Canada, Japan or the United States of America, or holders of a valid visa for one or more of the overseas countries and territories of the Kingdom of the Netherlands (Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba), when travelling to the issuing country or to any other third country, or when, having used the visa, returning from the issuing country;
family members of citizens of the Union as referred to in Article 1(2)(a);
holders of diplomatic passports;
flight crew members who are nationals of a contracting Party to the Chicago Convention on International Civil Aviation.
TITLE III
PROCEDURES AND CONDITIONS FOR ISSUING VISAS
CHAPTER I
Authorities taking part in the procedures relating to applications
Article 4
Authorities competent for taking part in the procedures relating to applications
Article 5
Member State competent for examining and deciding on an application
The Member State competent for examining and deciding on an application for a uniform visa shall be:
the Member State whose territory constitutes the sole destination of the visit(s);
if the visit includes more than one destination, or if several separate visits are to be carried out within a period of two months, the Member State whose territory constitutes the main destination of the visit(s) in terms of the length of stay, counted in days, or the purpose of stay; or
if no main destination can be determined, the Member State whose external border the applicant intends to cross in order to enter the territory of the Member States.
The Member State competent for examining and deciding on an application for a uniform visa for the purpose of transit shall be:
in the case of transit through only one Member State, the Member State concerned; or
in the case of transit through several Member States, the Member State whose external border the applicant intends to cross to start the transit.
The Member State competent for examining and deciding on an application for an airport transit visa shall be:
in the case of a single airport transit, the Member State on whose territory the transit airport is situated; or
in the case of double or multiple airport transit, the Member State on whose territory the first transit airport is situated.
Article 6
Consular territorial competence
Article 7
Competence to issue visas to third-country nationals legally present within the territory of a Member State
Third-country nationals who are legally present in the territory of a Member State and who are required to hold a visa to enter the territory of one or more other Member States shall apply for a visa at the consulate of the Member State that is competent in accordance with Article 5(1) or (2).
Article 8
Representation arrangements
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A bilateral arrangement shall be established between the representing Member State and the represented Member State. That arrangement:
shall specify the duration of the representation, if only temporary, and the procedures for its termination;
may, in particular where the represented Member State has a consulate in the third country concerned, provide for the provision of premises, staff and payments by the represented Member State.
CHAPTER II
Application
Article 9
Practical modalities for lodging an application
Without prejudice to Article 13, applications may be lodged:
by the applicant;
by an accredited commercial intermediary;
by a professional, cultural, sports or educational association or institution on behalf of its members.
Article 10
General rules for lodging an application
▼M5 —————
When lodging the application, the applicant shall:
present an application form in accordance with Article 11;
present a travel document in accordance with Article 12;
present a photograph in accordance with the standards set out in Regulation (EC) No 1683/95 or, where the VIS is operational pursuant to Article 48 of the VIS Regulation, in accordance with the standards set out in Article 13 of this Regulation;
allow the collection of his fingerprints in accordance with Article 13, where applicable;
pay the visa fee in accordance with Article 16;
provide supporting documents in accordance with Article 14 and Annex II;
where applicable, produce proof of possession of adequate and valid travel medical insurance in accordance with Article 15.
Article 11
Application form
The form shall, as a minimum, be available in the following languages:
the official language(s) of the Member State for which a visa is requested or of the representing Member State; and
the official language(s) of the host country.
In addition to the language(s) referred to in point (a), the form may be made available in any other official language(s) of the institutions of the Union.
Article 12
Travel document
The applicant shall present a valid travel document satisfying the following criteria:
its validity shall extend at least three months after the intended date of departure from the territory of the Member States or, in the case of several visits, after the last intended date of departure from the territory of the Member States. However, in a justified case of emergency, this obligation may be waived;
it shall contain at least two blank pages;
it shall have been issued within the previous 10 years.
Article 13
Biometric identifiers
At the time of submission of the first application, the applicant shall be required to appear in person. At that time, the following biometric identifiers of the applicant shall be collected:
However, where there is reasonable doubt regarding the identity of the applicant, the consulate shall collect fingerprints within the period specified in the first subparagraph.
Furthermore, if at the time when the application is lodged, it cannot be immediately confirmed that the fingerprints were collected within the period specified in the first subparagraph, the applicant may request that they be collected.
The technical requirements for the photograph shall be in accordance with the international standards as set out in the International Civil Aviation Organization (ICAO) document 9303 Part 1, 6th edition.
The following applicants shall be exempt from the requirement to give fingerprints:
children under the age of 12;
persons for whom fingerprinting is physically impossible. If the fingerprinting of fewer than 10 fingers is possible, the maximum number of fingerprints shall be taken. However, should the impossibility be temporary, the applicant shall be required to give the fingerprints at the following application. The authorities competent in accordance with Article 4(1), (2) and (3) shall be entitled to ask for further clarification of the grounds for the temporary impossibility. Member States shall ensure that appropriate procedures guaranteeing the dignity of the applicant are in place in the event of there being difficulties in enrolling;
heads of State or government and members of a national government with accompanying spouses, and the members of their official delegation when they are invited by Member States’ governments or by international organisations for an official purpose;
sovereigns and other senior members of a royal family, when they are invited by Member States’ governments or by international organisations for an official purpose.
Article 14
Supporting documents
When applying for a uniform visa, the applicant shall present:
documents indicating the purpose of the journey;
documents in relation to accommodation, or proof of sufficient means to cover his accommodation;
documents indicating that the applicant possesses sufficient means of subsistence both for the duration of the intended stay and for the return to his country of origin or residence, or for the transit to a third country into which he is certain to be admitted, or that he is in a position to acquire such means lawfully, in accordance with Article 5(1)(c) and (3) of the Schengen Borders Code;
information enabling an assessment of the applicant’s intention to leave the territory of the Member States before the expiry of the visa applied for.
When applying for an airport transit visa, the applicant shall present:
documents in relation to the onward journey to the final destination after the intended airport transit;
information enabling an assessment of the applicant’s intention not to enter the territory of the Member States.
Member States may require applicants to present proof of sponsorship or of private accommodation, or of both, by completing a form drawn up by each Member State. That form shall indicate in particular:
whether its purpose is proof of sponsorship or of private accommodation, or of both;
whether the sponsor or inviting person is an individual, a company or an organisation;
the identity and contact details of the sponsor or inviting person;
the identity data (name and surname, date of birth, place of birth and nationality) of the applicant(s);
the address of the accommodation;
the length and purpose of the stay;
possible family ties with the sponsor or inviting person;
the information required pursuant to Article 37(1) of the VIS Regulation.
In addition to the Member State's official language(s), the form shall be drawn up in at least one other official language of the institutions of the Union. A specimen of the form shall be sent to the Commission.
Article 15
Travel medical insurance
In addition, such applicants shall sign the statement, set out in the application form, declaring that they are aware of the need to be in possession of travel medical insurance for subsequent stays.
When a visa with limited territorial validity covering the territory of more than one Member State is issued, the insurance cover shall be valid at least in the Member States concerned.
When another person takes out insurance in the name of the applicant, the conditions set out in paragraph 3 shall apply.
Article 16
Visa fee
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The visa fee shall be waived for applicants belonging to one of the following categories:
children under six years;
school pupils, students, postgraduate students and accompanying teachers who undertake stays for the purpose of study or educational training;
researchers, as defined in point (2) of Article 3 of Directive (EU) 2016/801 of the European Parliament and of the Council ( 8 ), travelling for the purpose of carrying out scientific research or participating in a scientific seminar or conference;
representatives of non-profit organisations aged 25 years or less participating in seminars, conferences, sports, cultural or educational events organised by non-profit organisations.
The visa fee may be waived for:
children from the age of six years and below the age of 18 years;
holders of diplomatic and service passports;
participants in seminars, conferences, sports, cultural or educational events organised by non-profit organisations, aged 25 years or less.
When charged in a currency other than the euro, the amount of the visa fee charged in that currency shall be determined and regularly reviewed in application of the euro foreign exchange reference rate set by the European Central Bank. The amount charged may be rounded up and it shall be ensured under local Schengen cooperation that similar fees are charged.
Article 17
Service fee
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CHAPTER III
Examination of and decision on an application
Article 18
Verification of consular competence
Article 19
Admissibility
The competent consulate or the central authorities of the competent Member State shall verify whether:
Where the competent consulate or the central authorities of the competent Member State find that the conditions referred to in paragraph 1 have been fulfilled, the application shall be admissible and the consulate or the central authorities shall:
Data shall be entered in the VIS only by duly authorised consular staff in accordance with Article 6(1), Article 7 and points (5) and (6) of Article 9 of the VIS Regulation.
Where the competent consulate or the central authorities of the competent Member State find that the conditions referred to in paragraph 1 have not been fulfilled, the application shall be inadmissible and the consulate or central authorities shall without delay:
Article 20
Stamp indicating that an application is admissible
Article 21
Verification of entry conditions and risk assessment
While checking whether the applicant fulfils the entry conditions, the consulate or the central authorities shall verify:
that the travel document presented is not false, counterfeit or forged;
the applicant’s justification for the purpose and conditions of the intended stay, and that he has sufficient means of subsistence, both for the duration of the intended stay and for the return to his country of origin or residence, or for the transit to a third country into which he is certain to be admitted, or is in a position to acquire such means lawfully;
whether the applicant is a person for whom an alert has been issued in the Schengen Information System (SIS) for the purpose of refusing entry;
that the applicant is not considered to be a threat to public policy, internal security or public health as defined in Article 2(19) of the Schengen Borders Code or to the international relations of any of the Member States, in particular where no alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds;
that the applicant is in possession of adequate and valid travel medical insurance, where applicable, covering the period of the intended stay, or, if a multiple-entry visa is applied for, the period of the first intended visit.
In the examination of an application for an airport transit visa, the consulate or the central authorities shall in particular verify:
that the travel document presented is not false, counterfeit or forged;
the points of departure and destination of the third-country national concerned and the coherence of the intended itinerary and airport transit;
proof of the onward journey to the final destination.
Article 22
Prior consultation of central authorities of other Member States
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Article 23
Decision on the application
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Unless the application has been withdrawn, a decision shall be taken to:
issue a uniform visa in accordance with Article 24;
issue a visa with limited territorial validity in accordance with Article 25;
issue an airport transit visa in accordance with Article 26; or
refuse a visa in accordance with Article 32.
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The fact that fingerprinting is physically impossible, in accordance with Article 13(7)(b), shall not influence the issuing or refusal of a visa.
CHAPTER IV
Issuing of the visa
Article 24
Issuing of a uniform visa
A visa may be issued for one, two or multiple entries. The period of validity shall not exceed five years.
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Without prejudice to point (a) of Article 12, the period of validity of a visa for one entry shall include a ‘period of grace’ of 15 calendar days.
Member States may decide not to grant such a period of grace for reasons of public policy or because of the international relations of any of the Member States.
Provided that the applicant fulfils the entry conditions set out in point (a) and points (c) to (e) of Article 6(1) of Regulation (EU) 2016/399, multiple-entry visas with a long validity shall be issued for the following validity periods, unless the validity of the visa would exceed that of the travel document:
for a validity period of one year, provided that the applicant has obtained and lawfully used three visas within the previous two years;
for a validity period of two years, provided that the applicant has obtained and lawfully used a previous multiple-entry visa valid for one year within the previous two years;
for a validity period of five years, provided that the applicant has obtained and lawfully used a previous multiple-entry visa valid for two years within the previous three years.
Airport transit visas and visas with limited territorial validity issued in accordance with Article 25(1) shall not be taken into account for the issuing of multiple-entry visas.
Article 25
Issuing of a visa with limited territorial validity
A visa with limited territorial validity shall be issued exceptionally, in the following cases:
when the Member State concerned considers it necessary on humanitarian grounds, for reasons of national interest or because of international obligations,
to derogate from the principle that the entry conditions laid down in Article 5(1)(a), (c), (d) and (e) of the Schengen Borders Code must be fulfilled;
to issue a visa despite an objection by the Member State consulted in accordance with Article 22 to the issuing of a uniform visa; or
to issue a visa for reasons of urgency, although the prior consultation in accordance with Article 22 has not been carried out;
or
when for reasons deemed justified by the consulate, a new visa is issued for a stay during the same 180-day period to an applicant who, over this 180-day period, has already used a uniform visa or a visa with limited territorial validity allowing for a stay of 90 days.
Article 25a
Cooperation on readmission
The Commission shall regularly assess, at least once a year, third countries' cooperation with regard to readmission, taking account, in particular, of the following indicators:
the number of return decisions issued to persons from the third country in question, illegally staying on the territory of the Member States;
the number of actual forced returns of persons issued with return decisions as a percentage of the number of return decisions issued to nationals of the third country in question including, where appropriate, on the basis of Union or bilateral readmission agreements, the number of third country nationals who have transited through the territory of the third country in question;
the number of readmission requests per Member State accepted by the third country as a percentage of the number of such requests submitted to it;
the level of practical cooperation with regard to return in the different stages of the return procedure, such as:
assistance provided in the identification of persons illegally staying on the territory of the Member States and in the timely issuance of travel documents;
acceptance of the European travel document for the return of illegally staying third-country nationals or laissez-passer;
acceptance of the readmission of persons who are to be legally returned to their country;
acceptance of return flights and operations.
Such an assessment shall be based on the use of reliable data provided by Member States, as well as by Union institutions, bodies, offices and agencies. The Commission shall regularly, at least once a year, report its assessment to the Council.
Where, on the basis of the analysis referred to in paragraphs 2 and 4, and taking into account the steps taken by the Commission to improve the level of cooperation of the third country concerned in the field of readmission and the Union's overall relations with that third country, including in the field of migration, the Commission considers that a country is not cooperating sufficiently and that action is therefore needed, or where, within 12 months, a simple majority of Member States have notified the Commission in accordance with paragraph 3, the Commission, while continuing its efforts to improve the cooperation with the third country concerned, shall submit a proposal to the Council to adopt:
an implementing decision temporarily suspending the application of any one or more of Article 14(6), point (b) of Article 16(5), Article 23(1), or Article 24(2) and (2c), to all nationals of the third country concerned or to certain categories thereof;
where, following an assessment by the Commission, the measures applied in accordance with the implementing decision referred to in point (a) of this paragraph are considered ineffective, an implementing decision applying, on a gradual basis, one of the visa fees set out in Article 16(2a) to all nationals of the third country concerned or to certain categories thereof.
Where, on the basis of the analysis referred to in paragraph 2 and taking account of the Union's overall relations with the third country concerned, especially in cooperation in the field of readmission, the Commission considers that the third country concerned is cooperating sufficiently, it may submit a proposal to the Council to adopt an implementing decision concerning applicants or categories of applicants who are nationals of that third country and who apply for a visa on the territory of that third country, providing for one or more of the following:
reduction of the visa fee referred to in Article 16(1) to EUR 60;
reduction of the time within which decisions on an application referred to in Article 23(1) are to be made to 10 days;
increase in the period of validity of multiple-entry visas under Article 24(2).
That implementing decision shall apply for a maximum of one year. It may be renewed.
Article 26
Issuing of an airport transit visa
Member States may decide not to grant such a period of grace for reasons of public policy or because of the international relations of any of the Member States.
The following criteria in particular are relevant for taking the decision to issue multiple airport transit visas:
the applicant’s need to transit frequently and/or regularly; and
the integrity and reliability of the applicant, in particular the lawful use of previous uniform visas, visas with limited territorial validity or airport transit visas, his economic situation in his country of origin and his genuine intention to pursue his onward journey.
Article 27
Filling in the visa sticker
Article 28
Invalidation of a completed visa sticker
Article 29
Affixing a visa sticker
Article 30
Rights derived from an issued visa
Mere possession of a uniform visa or a visa with limited territorial validity shall not confer an automatic right of entry.
Article 31
Information of central authorities of other Member States
▼M5 —————
Article 32
Refusal of a visa
Without prejudice to Article 25(1), a visa shall be refused:
if the applicant:
presents a travel document which is false, counterfeit or forged;
does not provide justification for the purpose and conditions of the intended stay;
does not provide justification for the purpose and conditions of the intended airport transit;
does not provide proof of sufficient means of subsistence, both for the duration of the intended stay and for the return to his country of origin or residence, or for the transit to a third country into which he is certain to be admitted, or is not in a position to acquire such means lawfully;
has already stayed for 90 days during the current 180-day period on the territory of the Member States on the basis of a uniform visa or a visa with limited territorial validity;
is a person for whom an alert has been issued in the SIS for the purpose of refusing entry;
is considered to be a threat to public policy, internal security or public health as defined in Article 2(19) of the Schengen Borders Code or to the international relations of any of the Member States, in particular where an alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds; or
does not provide proof of holding adequate and valid travel medical insurance, where applicable;
or
if there are reasonable doubts as to the authenticity of the supporting documents submitted by the applicant or the veracity of their contents, the reliability of the statements made by the applicant or his intention to leave the territory of the Member States before the expiry of the visa applied for.
▼M5 —————
CHAPTER V
Modification of an issued visa
Article 33
Extension
Article 34
Annulment and revocation
CHAPTER VI
Visas issued at the external borders
Article 35
Visas applied for at the external border
In exceptional cases, visas may be issued at border crossing points if the following conditions are satisfied:
the applicant fulfils the conditions laid down in Article 5(1)(a), (c), (d) and (e) of the Schengen Borders Code;
the applicant has not been in a position to apply for a visa in advance and submits, if required, supporting documents substantiating unforeseeable and imperative reasons for entry; and
the applicant’s return to his country of origin or residence or transit through States other than Member States fully implementing the Schengen acquis is assessed as certain.
However, a visa with limited territorial validity for the territory of the issuing Member State may be issued at the external border for such persons in exceptional cases, in accordance with Article 25(1)(a).
Article 36
Visas issued to seafarers in transit at the external border
A seafarer who is required to be in possession of a visa when crossing the external borders of the Member States may be issued with a visa for the purpose of transit at the border where:
he fulfils the conditions set out in Article 35(1); and
he is crossing the border in question in order to embark on, re-embark on or disembark from a ship on which he will work or has worked as a seafarer.
▼M5 —————
TITLE IV
ADMINISTRATIVE MANAGEMENT AND ORGANISATION
Article 37
Organisation of visa sections
In order to prevent any decline in the level of vigilance and to protect staff from being exposed to pressure at local level, rotation schemes for staff dealing directly with applicants shall be set up, where appropriate. Particular attention shall be paid to clear work structures and a distinct allocation/division of responsibilities in relation to the taking of final decisions on applications. Access to consultation of the VIS and the SIS and other confidential information shall be restricted to a limited number of duly authorised staff. Appropriate measures shall be taken to prevent unauthorised access to such databases.
Individual application files shall be kept for a minimum of one year from the date of the decision on the application as referred to in Article 23(1) or, in the case of appeal, until the end of the appeal procedure, whichever is the longest. If applicable, the individual electronic application files shall be kept for the period of validity of the issued visa.
Article 38
Resources for examining applications and monitoring visa procedures
Member States shall ensure that a procedure is in place which allows applicants to submit complaints regarding:
the conduct of staff at consulates and, where applicable, of the external service providers; or
the application process.
Consulates or central authorities shall keep a record of complaints and the follow-up given.
Member States shall make information on the procedure provided for in this paragraph available to the public.
Article 39
Conduct of staff
Article 40
Consular organisation and cooperation
Member States shall:
equip their consulates and authorities responsible for issuing visas at the borders with the requisite material for the collection of biometric identifiers, as well as the offices of their honorary consuls, where they make use of them, to collect biometric identifiers in accordance with Article 42;
cooperate with one or more other Member States under representation arrangements or any other form of consular cooperation.
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Article 42
Recourse to honorary consuls
Article 43
Cooperation with external service providers
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An external service provider may be entrusted with the performance of one or more of the following tasks:
providing general information on visa requirements, in accordance with points (a) to (c) of Article 47(1), and application forms;
informing the applicant of the required supporting documents, on the basis of a checklist;
collecting data and applications (including collection of biometric identifiers) and transmitting the application to the consulate or the central authorities;
collecting the visa fee;
managing the appointments for the applicant, where applicable, at the consulate or at the premises of an external service provider;
collecting the travel documents, including a refusal notification if applicable, from the consulate or the central authorities and returning them to the applicant.
The Member State(s) concerned shall closely monitor the implementation of the legal instrument referred to in paragraph 2, including:
the general information on the criteria, conditions and procedures for applying for a visa, as set out in points (a) to (c) of Article 47(1), and the content of the application forms provided by the external service provider to applicants;
all the technical and organisational security measures required to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the cooperation involves the transmission of files and data to the consulate or the central authorities of the Member State(s) concerned, and all other unlawful forms of processing personal data;
the collection and transmission of biometric identifiers;
the measures taken to ensure compliance with data protection provisions.
To this end, the consulate(s) or the central authorities of the Member State(s) concerned shall, on a regular basis and at least every nine months, carry out spot checks on the premises of the external service provider. Member States may agree to share the burden of this regular monitoring.
Article 44
Encryption and secure transfer of data
In such cases, the Member State(s) concerned shall ensure that the electronic data are transferred physically in fully encrypted form on an electronic storage medium by a consular officer of a Member State or, where such transfer would require disproportionate or unreasonable measures, in another safe and secure way, for example by using established operators experienced in transporting sensitive documents and data in the third country concerned.
Article 45
Member States’ cooperation with commercial intermediaries
Such cooperation shall be based on the granting of an accreditation by Member States’ relevant authorities. The accreditation shall, in particular, be based on the verification of the following aspects:
the current status of the commercial intermediary: current licence, the commercial register, contracts with banks;
existing contracts with commercial partners based in the Member States offering accommodation and other package tour services;
contracts with transport companies, which must include an outward journey, as well as a guaranteed and fixed return journey.
Each consulate and the central authorities shall make sure that the public is informed of the list of accredited commercial intermediaries with which they cooperate, where relevant.
Article 46
Compilation of statistics
Member States shall compile annual statistics on visas, in accordance with the table set out in Annex XII. These statistics shall be submitted by 1 March for the preceding calendar year.
Article 47
Information to the general public
Member States’ central authorities and consulates shall provide the general public with all relevant information in relation to the application for a visa, in particular:
the criteria, conditions and procedures for applying for a visa;
the criteria for an application to be considered admissible, as provided for in Article 19(1);
that biometric data are, in principle, to be collected every 59 months, starting from the date of the first collection;
the means of obtaining an appointment, if applicable;
where the application may be submitted (competent consulate or external service provider);
accredited commercial intermediaries;
the fact that the stamp as provided for in Article 20 has no legal implications;
the time limits for examining applications provided for in Article 23(1), (2) and (3);
the third countries whose nationals or specific categories of whose nationals are subject to prior consultation or information;
that negative decisions on applications must be notified to the applicant, that such decisions must state the reasons on which they are based and that applicants whose applications are refused have a right to appeal, with information regarding the procedure to be followed in the event of an appeal, including the competent authority, as well as the time limit for lodging an appeal;
that mere possession of a visa does not confer an automatic right of entry and that the holders of visa are requested to present proof that they fulfil the entry conditions at the external border, as provided for in Article 5 of the Schengen Borders Code;
information on the complaints procedure provided for in Article 38(5).
TITLE V
LOCAL SCHENGEN COOPERATION
Article 48
Local Schengen cooperation between Member States’ consulates
To that end, in accordance with Article 5(3) of Council Decision 2010/427/EU ( 10 ), the Commission shall issue instructions to Union delegations to carry out the relevant coordination tasks provided for in this Article.
Where applications lodged in the jurisdiction concerned are examined and decided on by central authorities as referred to in Article 4(1a), Member States shall ensure the active involvement of those central authorities in local Schengen cooperation. The staff contributing to local Schengen cooperation shall be adequately trained and involved in the examination of applications in the jurisdiction concerned.
Member States and the Commission shall, in particular, cooperate in order to:
prepare a harmonised list of supporting documents to be submitted by applicants, taking into account Article 14;
prepare a local implementation of Article 24(2) regarding the issuing of multiple-entry visas;
ensure a common translation of the application form, where relevant;
establish the list of travel documents issued by the host country and update it regularly;
draw up a common information sheet containing the information referred to in Article 47(1);
monitor, where relevant, the implementation of Article 25a(5) and (6).
▼M5 —————
Member States under local Schengen cooperation shall exchange the following information:
quarterly statistics on uniform visas, visas with limited territorial validity, and airport transit visas applied for, issued, and refused;
information with regard to the assessment of migratory and security risks, in particular on:
the socio-economic structure of the host country;
sources of information at local level, including social security, health insurance, fiscal registers and entry-exit registrations;
the use of false, counterfeit or forged documents;
irregular immigration routes;
trends in fraudulent behaviour;
trends in refusals;
information on cooperation with external service providers and with transport companies;
information on insurance companies providing adequate travel medical insurance, including verification of the type of coverage and possible excess amount.
Single-topic meetings may be organised and sub-groups set up to study specific issues within local Schengen cooperation.
▼M5 —————
TITLE VI
FINAL PROVISIONS
Article 49
Arrangements in relation to the Olympic Games and Paralympic Games
Member States hosting the Olympic Games and Paralympic Games shall apply the specific procedures and conditions facilitating the issuing of visas set out in Annex XI.
▼M5 —————
Article 51
Instructions on the practical application of this Regulation
The Commission shall by means of implementing acts adopt the operational instructions on the practical application of the provisions of this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 52(2).
Article 51a
Exercise of the delegation
Article 52
Committee procedure
Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 53
Notification
Member States shall notify the Commission of:
representation arrangements referred to in Article 8;
third countries whose nationals are required by individual Member States to hold an airport transit visa when passing through the international transit areas of airports situated on their territory, as referred to in Article 3;
the national form for proof of sponsorship and/or private accommodation referred to in Article 14(4), if applicable;
the list of third countries for which prior consultation referred to in Article 22(1) is required;
the list of third countries for which information referred to in Article 31(1) is required;
the additional national entries in the ‘comments’ section of the visa sticker, as referred to in Article 27(2);
authorities competent for extending visas, as referred to in Article 33(5);
the forms of cooperation chosen as referred to in Article 40;
statistics compiled in accordance with Article 46 and Annex XII.
Article 54
Amendments to Regulation (EC) No 767/2008
Regulation (EC) No 767/2008 is hereby amended as follows:
Article 4(1) shall be amended as follows:
point (a) shall be replaced by the following:
“uniform visa” as defined in Article 2(3) of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community code on Visas (Visa Code) ( *1 );
point (b) shall be deleted;
point (c) shall be replaced by the following:
“airport transit visa” as defined in Article 2(5) of Regulation (EC) No 810/2009;’;
point (d) shall be replaced by the following:
“visa with limited territorial validity” as defined in Article 2(4) of Regulation (EC) No 810/2009;’;
point (e) shall be deleted;
in Article 8(1), the words ‘On receipt of an application’, shall be replaced by the following:
‘When the application is admissible according to Article 19 of Regulation (EC) No 810/2009’;
Article 9 shall be amended as follows:
the heading shall be replaced by the following:
‘Data to be entered on application’;
point 4 shall be amended as follows:
point (a) shall be replaced by the following:
surname (family name), surname at birth (former family name(s)), first name(s) (given name(s)); date of birth, place of birth, country of birth, sex;’;
point (e) shall be deleted;
point (g) shall be replaced by the following:
Member State(s) of destination and duration of the intended stay or transit;’;
point (h) shall be replaced by the following:
main purpose(s) of the journey;’;
point (i) shall be replaced by the following:
intended date of arrival in the Schengen area and intended date of departure from the Schengen area;’;
point (j) shall be replaced by the following:
Member State of first entry;’;
point (k) shall be replaced by the following:
the applicant’s home address;’;
in point (l), the word ‘school’ shall be replaced by: ‘educational establishment’;
in point (m), the words ‘father and mother’ shall be replaced by ‘parental authority or legal guardian’;
the following point shall be added to Article 10(1):
if applicable, the information indicating that the visa sticker has been filled in manually.’;
in Article 11, the introductory paragraph shall be replaced by the following:
‘Where the visa authority representing another Member State discontinues the examination of the application, it shall add the following data to the application file:’;
Article 12 shall be amended as follows:
in paragraph 1, point (a) shall be replaced by the following:
status information indicating that the visa has been refused and whether that authority refused it on behalf of another Member State;’;
paragraph 2 shall be replaced by the following:
The application file shall also indicate the ground(s) for refusal of the visa, which shall be one or more of the following:
the applicant:
presents a travel document which is false, counterfeit or forged;
does not provide justification for the purpose and conditions of the intended stay;
does not provide proof of sufficient means of subsistence, both for the duration of the intended stay and for the return to his country of origin or residence, or for the transit to a third country into which he is certain to be admitted, or is not in a position to acquire such means lawfully;
has already stayed for three months during the current six-month period on the territory of the Member States on a basis of a uniform visa or a visa with limited territorial validity;
is a person for whom an alert has been issued in the SIS for the purpose of refusing entry;
is considered to be a threat to public policy, internal security or public health as defined in Article 2(19) of the Schengen Borders Code or to the international relations of any of the Member States, in particular where an alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds;
does not provide proof of holding adequate and valid travel medical insurance, where applicable;
the information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable;
the applicant’s intention to leave the territory of the Member States before the expiry of the visa could not be ascertained;
sufficient proof that the applicant has not been in a position to apply for a visa in advance justifying application for a visa at the border was not provided.’;
Article 13 shall be replaced by the following:
‘Article 13
Data to be added for a visa annulled or revoked
Where a decision has been taken to annul or to revoke a visa, the visa authority that has taken the decision shall add the following data to the application file:
status information indicating that the visa has been annulled or revoked;
authority that annulled or revoked the visa, including its location;
place and date of the decision.
The application file shall also indicate the ground(s) for annulment or revocation, which shall be:
one or more of the ground(s) listed in Article 12(2);
the request of the visa holder to revoke the visa.’;
Article 14 shall be amended as follows:
paragraph 1 shall be amended as follows:
the introductory paragraph shall be replaced by the following:
point (d) shall be replaced by the following:
the number of the visa sticker of the extended visa;’;
point (g) shall be replaced by the following:
the territory in which the visa holder is entitled to travel, if the territorial validity of the extended visa differs from that of the original visa;’;
in paragraph 2, point (c) shall be deleted;
in Article 15(1), the words ‘extend or shorten the validity of the visa’ shall be replaced by ‘or extend the visa’;
Article 17 shall be amended as follows:
point 4 shall be replaced by the following:
Member State of first entry;’;
point 6 shall be replaced by the following:
the type of visa issued;’;
point 11 shall be replaced by the following:
main purpose(s) of the journey;’;
in Article 18(4)(c), Article 19(2)(c), Article 20(2)(d), Article 22(2)(d), the words ‘or shortened’ shall be deleted;
in Article 23(1)(d), the word ‘shortened’ shall be deleted.
▼M4 —————
Article 56
Repeals
The following shall be repealed:
Decision of the Schengen Executive Committee of 28 April 1999 on the definitive versions of the Common Manual and the Common Consular Instructions (SCH/Com-ex (99) 13 (the Common Consular Instructions, including the Annexes);
Decisions of the Schengen Executive Committee of 14 December 1993 extending the uniform visa (SCH/Com-ex (93) 21) and on the common principles for cancelling, rescinding or shortening the length of validity of the uniform visa (SCH/Com-ex (93) 24), Decision of the Schengen Executive Committee of 22 December 1994 on the exchange of statistical information on the issuing of uniform visas (SCH/Com-ex (94) 25), Decision of the Schengen Executive Committee of 21 April 1998 on the exchange of statistics on issued visas (SCH/Com-ex (98) 12) and Decision of the Schengen Executive Committee of 16 December 1998 on the introduction of a harmonised form providing proof of invitation, sponsorship and accommodation (SCH/Com-ex (98) 57);
Joint Action 96/197/JHA of 4 March 1996 on airport transit arrangements ( 13 );
Council Regulation (EC) No 789/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications ( 14 );
Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa ( 15 );
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 ( 16 );
Article 2 of Regulation (EC) No 390/2009 of the European Parliament and of the Council of 23 April 2009 amending the Common Consular Instructions on visas for diplomatic and consular posts in relation to the introduction of biometrics including provisions on the organisation of the reception and processing of visa applications ( 17 ).
Article 57
Monitoring and evaluation
Article 58
Entry into force
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.
ANNEX I
Harmonised application form
APPLICATION FOR SCHENGEN VISA
This application form is free
(
18
)
Family members of EU, EEA or CH citizens shall not fill in fields no. 21, 22, 30, 31 and 32 (marked with *).
Fields 1-3 shall be filled in in accordance with the data in the travel document.
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1. Surname (Family name): |
FOR OFFICIAL USE ONLY Date of application: Application number: |
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2. Surname at birth (Former family name(s)): |
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3. First name(s) (Given name(s)): |
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4. Date of birth (day-month-year): |
5. Place of birth: 6. Country of birth: |
7. Current nationality: Nationality at birth, if different: Other nationalities: |
Application lodged at: □ Embassy/consulate □ Service provider □ Commercial intermediary |
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8. Sex: □Male □Female |
9. Civil status: □Single □Married □Registered Partnership □Separated □Divorced □Widow(er) □Other (please specify): |
□ Border (Name): … … □ Other: |
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10. Parental authority (in case of minors) /legal guardian (surname, first name, address, if different from applicant's, telephone no., e-mail address, and nationality): |
File handled by: |
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11. National identity number, where applicable: |
Supporting documents: □ Travel document □ Means of subsistence □ Invitation |
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12. Type of travel document: □Ordinary passport □Diplomatic passport □Service passport □Official passport □Special passport □Other travel document (please specify): |
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13. Number of travel document: |
14. Date of issue: |
15. Valid until: |
16. Issued by (country): |
□ TMI □ Means of transport □ Other: Visa decision: □ Refused □ Issued: □ A □ C □ LTV □ Valid: From: Until: |
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17. Personal data of the family member who is an EU, EEA or CH citizen if applicable |
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Surname (Family name): |
First name(s) (Given name(s)): |
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Date of birth (day-month-year): |
Nationality: |
Number of travel document or ID card: |
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18. Family relationship with an EU, EEA or CH citizen if applicable: □spouse □child □grandchild □dependent ascendant □Registered Partnership □other: |
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19. Applicant's home address and e-mail address: |
Telephone no.: |
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20. Residence in a country other than the country of current nationality: □No □Yes. Residence permit or equivalent … No … Valid until … |
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*21. Current occupation: |
Number of entries: □1 □2 □Multiple Number of days: |
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*22. Employer and employer's address and telephone number. For students, name and address of educational establishment: |
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23. Purpose(s) of the journey: □Tourism □Business □Visiting family or friends □Cultural □ Sports □Official visit □Medical reasons □Study □Airport transit □Other (please specify): |
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24. Additional information on purpose of stay: |
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25. Member State of main destination (and other Member States of destination, if applicable): |
26. Member State of first entry: |
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27. Number of entries requested: □Single entry □Two entries □Multiple entries Intended date of arrival of the first intended stay in the Schengen area: Intended date of departure from the Schengen area after the first intended stay: |
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28. Fingerprints collected previously for the purpose of applying for a Schengen visa: □ No □ Yes. Date, if known … Visa sticker number, if known … |
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29. Entry permit for the final country of destination, where applicable: Issued by … Valid from … until … |
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*30. Surname and first name of the inviting person(s) in the Member State(s). If not applicable, name of hotel(s) or temporary accommodation(s) in the Member State(s): |
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Address and e-mail address of inviting person(s)/hotel(s)/temporary accommodation(s): |
Telephone no.: |
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*31. Name and address of inviting company/organisation: |
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Surname, first name, address, telephone no., and e-mail address of contact person in company/organisation: |
Telephone no. of company/organisation: |
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*32. Cost of travelling and living during the applicant's stay is covered: |
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□ by the applicant himself/herself Means of support: □ Cash □ Traveller's cheques □ Credit card □ Pre-paid accommodation □ Pre-paid transport □ Other (please specify): |
□ by a sponsor (host, company, organisation), please specify: … □ referred to in field 30 or 31 … □ other (please specify): Means of support: □ Cash □ Accommodation provided □ All expenses covered during the stay □ Pre-paid transport □ Other (please specify): |
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I am aware that the visa fee is not refunded if the visa is refused. |
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Applicable in case a multiple-entry visa is applied for: I am aware of the need to have an adequate travel medical insurance for my first stay and any subsequent visits to the territory of Member States. |
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I am aware of and consent to the following: the collection of the data required by this application form and the taking of my photograph and, if applicable, the taking of fingerprints, are mandatory for the examination of the application; and any personal data concerning me which appear on the application form, as well as my fingerprints and my photograph will be supplied to the relevant authorities of the Member States and processed by those authorities, for the purposes of a decision on my application. Such data as well as data concerning the decision taken on my application or a decision whether to annul, revoke or extend a visa issued will be entered into, and stored in the Visa Information System (VIS) for a maximum period of five years, during which it will be accessible to the visa authorities and the authorities competent for carrying out checks on visas at external borders and within the Member States, immigration and asylum authorities in the Member States for the purposes of verifying whether the conditions for the legal entry into, stay and residence on the territory of the Member States are fulfilled, of identifying persons who do not or who no longer fulfil these conditions, of examining an asylum application and of determining responsibility for such examination. Under certain conditions the data will be also available to designated authorities of the Member States and to Europol for the purpose of the prevention, detection and investigation of terrorist offences and of other serious criminal offences. The authority of the Member State responsible for processing the data is: [(…)]. I am aware that I have the right to obtain, in any of the Member States, notification of the data relating to me recorded in the VIS and of the Member State which transmitted the data, and to request that data relating to me which are inaccurate be corrected and that data relating to me processed unlawfully be deleted. At my express request, the authority examining my application will inform me of the manner in which I may exercise my right to check the personal data concerning me and have them corrected or deleted, including the related remedies according to the national law of the Member State concerned. The national supervisory authority of that Member State [contact details: …] will hear claims concerning the protection of personal data. I declare that to the best of my knowledge all particulars supplied by me are correct and complete. I am aware that any false statements will lead to my application being rejected or to the annulment of a visa already granted and may also render me liable to prosecution under the law of the Member State which deals with the application. I undertake to leave the territory of the Member States before the expiry of the visa, if granted. I have been informed that possession of a visa is only one of the prerequisites for entry into the European territory of the Member States. The mere fact that a visa has been granted to me does not mean that I will be entitled to compensation if I fail to comply with the relevant provisions of Article 6(1) of Regulation (EU) No 2016/399 (Schengen Borders Code) and I am therefore refused entry. The prerequisites for entry will be checked again on entry into the European territory of the Member States. |
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Place and date: |
Signature: (signature of parental authority/legal guardian, if applicable): |
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ANNEX II
Non-exhaustive list of supporting documents
The supporting documents referred to in Article 14, to be submitted by visa applicants may include the following:
DOCUMENTATION RELATING TO THE PURPOSE OF THE JOURNEY
for business trips:
an invitation from a firm or an authority to attend meetings, conferences or events connected with trade, industry or work;
other documents which show the existence of trade relations or relations for work purposes;
entry tickets for fairs and congresses, if appropriate;
documents proving the business activities of the company;
documents proving the applicant’s employment status in the company;
for journeys undertaken for the purposes of study or other types of training:
a certificate of enrolment at an educational establishment for the purposes of attending vocational or theoretical courses within the framework of basic and further training;
student cards or certificates of the courses to be attended;
for journeys undertaken for the purposes of tourism or for private reasons:
documents relating to accommodation:
documents relating to the itinerary:
for journeys undertaken for political, scientific, cultural, sports or religious events or other reasons:
for journeys of members of official delegations who, following an official invitation addressed to the government of the third country concerned, participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of a Member State by intergovernmental organisations:
for journeys undertaken for medical reasons:
DOCUMENTATION ALLOWING FOR THE ASSESSMENT OF THE APPLICANT’S INTENTION TO LEAVE THE TERRITORY OF THE MEMBER STATES
reservation of or return or round ticket;
proof of financial means in the country of residence;
proof of employment: bank statements;
proof of real estate property;
proof of integration into the country of residence: family ties; professional status.
DOCUMENTATION IN RELATION TO THE APPLICANT’S FAMILY SITUATION
consent of parental authority or legal guardian (when a minor does not travel with them);
proof of family ties with the host/inviting person.
ANNEX III
UNIFORM FORMAT AND USE OF THE STAMP INDICATING THAT A VISA APPLICATION IS ADMISSIBLE
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… visa … (1) |
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xx/xx/xxxx (2) |
… (3) |
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Example: |
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C visa FR |
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22.4.2009 |
Consulat de France |
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Djibouti |
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(1)
Code of the Member State examining the application. The codes as set out in Annex VII point 1.1 are used.
(2)
Date of application (eight digits: xx day, xx month, xxxx year).
(3)
Authority examining the visa application. |
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The stamp shall be placed on the first available page that contains no entries or stamps in the travel document.
ANNEX IV
Common list of third countries listed in Annex I to Regulation (EC) No 539/2001, whose nationals are required to be in possession of an airport transit visa when passing through the international transit area of airports situated on the territory of the Member States
ANNEX V
LIST OF RESIDENCE PERMITS ENTITLING THE HOLDER TO TRANSIT THROUGH THE AIRPORTS OF MEMBER STATES WITHOUT BEING REQUIRED TO HOLD AN AIRPORT TRANSIT VISA
ANDORRA:
CANADA:
JAPAN:
SAN MARINO:
UNITED STATES OF AMERICA:
ANNEX VI
(
19
)
STANDARD FORM FOR NOTIFYING REASONS FOR REFUSAL, ANNULMENT OR REVOCATION OF A VISA
REFUSAL/ANNULMENT/REVOCATION OF VISA
Ms/Mr …,
□ The … embassy/consulate-general/consulate/[other competent authority] in … [on behalf of (name of represented Member State)];
□ [Other competent authority] of …;
□ The authorities responsible for checks on persons at …
has/have
□ examined your application;
□ examined your visa, number: …, issued: … [date/month/year].
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□ The visa has been refused |
□ The visa has been annulled |
□ The visa has been revoked |
This decision is based on the following reason(s):
a false/counterfeit/forged travel document was presented
justification for the purpose and conditions of the intended stay was not provided
you have not provided proof of sufficient means of subsistence, for the duration of the intended stay or for the return to the country of origin or residence, or for the transit to a third country into which you are certain to be admitted
you have not provided proof that you are in a position to lawfully acquire sufficient means of subsistence, for the duration of the intended stay or for the return to the country of origin or residence, or for the transit to a third country into which you are certain to be admitted
you have already stayed for 90 days during the current 180-day period on the territory of the Member States on the basis of a uniform visa or a visa with limited territorial validity
an alert has been issued in the Schengen Information System (SIS) for the purpose of refusing entry by … (indication of Member State)
one or more Member States consider you to be a threat to public policy or internal security
one or more Member States consider you to be a threat to public health as defined in point (21) of Article 2 of Regulation (EU) No 2016/399 (Schengen Borders Code)
one or more Member States consider you to be a threat to their international relations
the information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable
there are reasonable doubts as to the reliability of the statements made as regards … (please specify)
there are reasonable doubts as to the reliability, as to the authenticity of the supporting documents submitted or as to the veracity of their contents
there are reasonable doubts as to your intention to leave the territory of the Member States before the expiry of the visa
sufficient proof that you have not been in a position to apply for a visa in advance, justifying application for a visa at the border, was not provided
justification for the purpose and conditions of the intended airport transit was not provided
you have not provided proof of possession of adequate and valid travel medical insurance
revocation of the visa was requested by the visa holder ( 20 ).
Additional remarks:
…
…
…
…
…
You may appeal against the decision to refuse/annul/revoke a visa.
The rules on appeal against decisions on refusal/annulment/revocation of a visa are set out in (reference to national law):
…
Competent authority with which an appeal may be lodged (contact details):
…
Information on the procedure to follow can be found at (contact details):
…
An appeal must be lodged within (indication of time-limit):
…
Date and stamp of embassy/consulate-general/consulate/of the authorities responsible for checks on persons/of other competent authorities:
Signature of person concerned ( 21 ): …
▼M5 —————
ANNEX X
LIST OF MINIMUM REQUIREMENTS TO BE INCLUDED IN THE LEGAL INSTRUMENT IN THE CASE OF COOPERATION WITH EXTERNAL SERVICE PROVIDERS
The legal instrument shall:
enumerate the tasks to be carried out by the external service provider, in accordance with Article 43(6) of this Regulation;
indicate the locations where the external service provider is to operate and which consulate the individual application centre refers to;
list the services covered by the mandatory service fee;
instruct the external service provider to clearly inform the public that other charges cover optional services.
In relation to the performance of its activities, the external service provider shall, with regard to data protection:
prevent at all times any unauthorised reading, copying, modification or deletion of data, in particular during their transmission to the consulate of the Member State(s) competent for processing an application;
in accordance with the instructions given by the Member State(s) concerned, transmit the data:
transmit the data as soon as possible:
ensure appropriate means of tracking individual application files to and from the consulate;
delete the data at the latest seven days after their transmission and ensure that only the name and contact details of the applicant for the purposes of the appointment arrangements, as well as the passport number, are kept until the return of the passport to the applicant and deleted five days thereafter;
ensure all the technical and organisational security measures required to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the cooperation involves the transmission of files and data to the consulate of the Member State(s) concerned, and all other unlawful forms of processing personal data;
process the data only for the purposes of processing the personal data of applicants on behalf of the Member State(s) concerned;
apply data protection standards at least equivalent to those set out in Regulation (EU) 2016/679;
provide applicants with the information required pursuant to Article 37 of the VIS Regulation.
In relation to the performance of its activities, the external service provider shall, with regard to the conduct of staff:
ensure that its staff are appropriately trained;
ensure that its staff in the performance of their duties:
provide identification of the staff working for the external service provider at all times;
prove that its staff do not have criminal records and have the requisite expertise.
In relation to the verification of the performance of its activities, the external service provider shall:
provide for access by staff entitled by the Member State(s) concerned to its premises at all times without prior notice, in particular for inspection purposes;
ensure the possibility of remote access to its appointment system for inspection purposes;
ensure the use of relevant monitoring methods (e.g. test applicants; webcam);
ensure access, by the Member State's national data protection supervisory authority, to proof of data protection compliance, including reporting obligations, external audits and regular spot checks;
report in writing to the Member State(s) concerned without delay any security breaches or any complaints from applicants on data misuse or unauthorised access, and coordinate with the Member State(s) concerned in order to find a solution and give explanatory responses promptly to the complaining applicants.
In relation to general requirements, the external service provider shall:
act under the instructions of the Member State(s) competent for processing the application;
adopt appropriate anti-corruption measures (e.g. adequate staff remuneration; cooperation in the selection of staff members employed on the task; two-man-rule; rotation principle);
respect fully the provisions of the legal instrument, which shall contain a suspension or termination clause, in particular in the event of breach of the rules established, as well as a revision clause with a view to ensuring that the legal instrument reflects best practice.
ANNEX XI
SPECIFIC PROCEDURES AND CONDITIONS FACILITATING THE ISSUING OF VISAS TO MEMBERS OF THE OLYMPIC FAMILY PARTICIPATING IN THE OLYMPIC GAMES AND PARALYMPIC GAMES
CHAPTER I
Purpose and definitions
Article 1
Purpose
The following specific procedures and conditions facilitate the application for and issuing of visas to members of the Olympic family for the duration of the Olympic and Paralympic Games organised by a Member State.
In addition, the relevant provisions of the Community acquis concerning procedures for applying for and issuing visas shall apply.
Article 2
Definitions
For the purposes of this Regulation:
‘Responsible organisations’ relate to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the Olympic and/or Paralympic Games, and they mean the official organisations, in terms of the Olympic Charter, which are entitled to submit lists of members of the Olympic family to the Organising Committee of the Member State hosting the Olympic and Paralympic Games with a view to the issue of accreditation cards for the Games;
‘Member of the Olympic family’ means any person who is a member of the International Olympic Committee, the International Paralympic Committee, International Federations, the National Olympic and Paralympic Committees, the Organising Committees of the Olympic Games and the national associations, such as athletes, judges/referees, coaches and other sports technicians, medical personnel attached to teams or individual sportsmen/women and media-accredited journalists, senior executives, donors, sponsors or other official invitees, who agree to be guided by the Olympic Charter, act under the control and supreme authority of the International Olympic Committee, are included on the lists of the responsible organisations and are accredited by the Organising Committee of the Member State hosting the Olympic and Paralympic Games as participants in the [year] Olympic and/or Paralympic Games;
‘Olympic accreditation cards’ which are issued by the Organising Committee of the Member State hosting the Olympic and Paralympic Games in accordance with its national legislation means one of two secure documents, one for the Olympic Games and one for the Paralympic Games, each bearing a photograph of its holder, establishing the identity of the member of the Olympic family and authorising access to the facilities at which competitions are held and to other events scheduled throughout the duration of the Games;
‘Duration of the Olympic Games and Paralympic Games’ means the period during which the Olympic Games and the period during which the Paralympic Games take place;
‘Organising Committee of the Member State hosting the Olympic and Paralympic Games’ means the Committee set up on by the hosting Member State in accordance with its national legislation to organise the Olympic and Paralympic Games, which decides on accreditation of members of the Olympic family taking part in those Games;
‘Services responsible for issuing visas’ means the services designated by the Member State hosting the Olympic Games and Paralympic Games to examine applications and issue visas to members of the Olympic family.
CHAPTER II
Issuing of visas
Article 3
Conditions
A visa may be issued pursuant to this Regulation only where the person concerned:
has been designated by one of the responsible organisations and accredited by the Organising Committee of the Member State hosting the Olympic and Paralympic Games as a participant in the Olympic and/or Paralympic Games;
holds a valid travel document authorising the crossing of the external borders, as referred to in Article 5 of the Schengen Borders Code;
is not a person for whom an alert has been issued for the purpose of refusing entry;
is not considered to be a threat to public policy, national security or the international relations of any of the Member States.
Article 4
Filing of the application
Article 5
Examination of the collective application for visas and type of the visa issued
Article 6
Form of the visa
Article 7
Waiver of fees
The examination of visa applications and the issue of visas shall not give rise to any fees being charged by the services responsible for issuing visas.
CHAPTER III
General and final provisions
Article 8
Cancellation of a visa
Where the list of persons put forward as participants in the Olympic and/or Paralympic Games is amended before the Games begin, the responsible organisations shall inform without any delay the Organising Committee of the Member State hosting the Olympic and Paralympic Games thereof so that the Olympic accreditation cards of the persons removed from the list may be revoked. The Organising Committee shall notify the services responsible for issuing visas thereof and shall inform them of the numbers of the visas in question.
The services responsible for issuing visas shall cancel the visas of the persons concerned. They shall immediately inform the authorities responsible for border checks thereof, and the latter shall without delay forward that information to the competent authorities of the other Member States.
Article 9
External border checks
For the duration of the Olympic and/or Paralympic Games:
entry and exit stamps shall be affixed to the first free page of the travel document of those members of the Olympic family for whom it is necessary to affix such stamps in accordance with Article 10(1) of the Schengen Borders Code. On first entry, the visa number shall be indicated on that same page;
the conditions for entry provided for in Article 5(1)(c) of the Schengen Borders Code shall be presumed to be fulfilled once a member of the Olympic family has been duly accredited.
ANNEX XII
ANNUAL STATISTICS ON UNIFORM VISAS, VISAS WITH LIMITED TERRITORIAL VALIDITY AND AIRPORT TRANSIT VISAS
Data to be submitted to the Commission within the deadline set out in Article 46 for each location where individual Member States issue visas:
General rules for the submission of data:
In the event of data being neither available nor relevant for one particular category and a third country, Member States shall leave the cell empty (and not enter ‘0’ (zero), ‘N.A.’ (non-applicable) or any other value).
ANNEX XIII
CORRELATION TABLE
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Provision of this Regulation |
Provision of the Schengen Convention (CSA), Common Consular Instructions (CCI) or of the Schengen Executive Committee (SCH/Com-ex) replaced |
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TITLE I |
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GENERAL PROVISIONS |
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Article 1 Objective and scope |
CCI, Part I.1. Scope (CSA Articles 9 and 10) |
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Article 2 Definitions (1)-(4) |
CCI: Part I. 2. Definitions and types of visas CCI: Part IV ‘Legal basis’ CSA: Articles 11(2), 14(1), 15, 16 |
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TITLE II |
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AIRPORT TRANSIT VISA |
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Article 3 Third-country nationals required to hold an airport transit visa |
Joint Action 96/197/JHA, CCI, Part I. 2.1.1 |
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TITLE III |
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PROCEDURES AND CONDITIONS FOR ISSUING VISAS |
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CHAPTER I |
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Authorities taking part in the procedures relating to applications |
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Article 4 Authorities competent for taking part in the procedures relating to applications |
CCI Part II. 4., CSA, Art. 12(1), Regulation (EC) No 415/2003 |
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Article 5 Member State competent for examining and deciding on an application |
CCI, Part II 1.1(a) (b), CSA Article 12(2) |
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Article 6 Consular territorial competence |
CCI, Part II, 1.1 and 3 |
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Article 7 Competence to issue visas to third-country nationals legally present within the territory of a Member State |
— |
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Article 8 Representation agreements |
CCI, Part II, 1.2 |
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CHAPTER II |
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Application |
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Article 9 Practical modalities for lodging an application |
CCI, Annex 13, note (Article 10(1)) |
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Article 10 General rules for lodging an application |
— |
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Article 11 Application form |
CCI, Part III. 1.1. |
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Article 12 Travel document |
CCI, Part III. 2. (a), CSA, Article 13(1) and (2) |
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Article 13 Biometric identifiers |
CCI, Part III. 1.2 (a) and (b) |
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Article 14 Supporting documents |
CCI, Part III.2(b) and Part V.1.4, Com-ex (98) 57 |
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Article 15 Travel medical insurance |
CCI, Part V, 1.4 |
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Article 16 Visa fee |
CCI Part VII. 4. and Annex 12 |
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Article 17 Service fee |
CCI, Part VII, 1.7 |
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CHAPTER III |
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Examination of and decision on an application |
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Article 18 Verification of consular competence |
— |
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Article 19 Admissibility |
— |
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Article 20 Stamp indicating that an application is admissible |
CCI, Part VIII, 2 |
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Article 21 Verification of entry conditions and risk assessment |
CCI, Part III.4 and Part V.1. |
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Article 22 Prior consultation of central authorities of other Member States |
CCI, Part II, 2.3 and Part V, 2.3(a)-(d) |
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Article 23 Decision on the application |
CCI, Part V. 2.1 (second indent), 2.2, CCI |
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CHAPTER IV |
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Issuing of the visa |
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Article 24 Issuing of a uniform visa |
CCI, Part V, 2.1 |
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Article 25 Issuing of a visa with limited territorial validity |
CCI, Part V, 3, Annex 14, CSA 11(2), 14(1) and 16 |
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Article 26 Issuing of an airport transit visa |
CCI, Part I, 2.1.1 — Joint Action 96/197/JHA |
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Article 27 Filling in the visa sticker |
CCI, Part VI.1-2-3-4 |
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Article 28 Invalidation of a completed visa sticker |
CCI, Part VI, 5.2 |
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Article 29 Affixing a visa sticker |
CCI, Part VI, 5.3 |
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Article 30 Rights derived from an issued visa |
CCI, Part I, 2.1, last sentence |
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Article 31 Information of central authorities of other Member States |
— |
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Article 32 Refusal of a visa |
— |
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CHAPTER V |
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Modification of an issued visa |
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Article 33 Extension |
Com-ex (93) 21 |
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Article 34 Annulment and revocation |
Com-ex (93) 24 and Annex 14 to the CCI |
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CHAPTER VI |
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Visas issued at the external borders |
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Article 35 Visas applied for at the external border |
Regulation (EC) No 415/2003 |
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Article 36 Visas issued to seafarers in transit at the external border |
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TITLE IV |
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ADMINISTRATIVE MANAGEMENT AND ORGANISATION |
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Article 37 Organisation of visa sections |
CCI, VII, 1-2-3 |
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Article 38 Resources for examining applications and monitoring of consulates |
— |
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CCI, Part VII, 1A |
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Article 39 Conduct of staff |
CCI, Part III.5 |
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Article 40 Forms of cooperation |
CCI, Part VII, 1AA |
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Article 41 Cooperation between Member States |
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Article 42 Recourse to honorary consuls |
CCI, Part VII, AB |
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Article 43 Cooperation with external service providers |
CCI, Part VII, 1B |
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Article 44 Encryption and secure transfer of data |
CCI, Part II, 1.2, PART VII, 1.6, sixth, seventh, eighth and ninth subparagraphs |
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Article 45 Member States’ cooperation with commercial intermediaries |
CCI, VIII, 5.2 |
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Article 46 Compilation of statistics |
SCH Com-ex (94) 25 and (98) 12 |
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Article 47 Information to the general public |
— |
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TITLE V |
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LOCAL SCHENGEN COOPERATION |
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Article 48 Local Schengen cooperation between Member States’ consulates |
CCI, VIII, 1-3-4 |
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TITLE VI |
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FINAL PROVISIONS |
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Article 49 Arrangements in relation to the Olympic Games and Paralympic Games |
— |
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Articles 50 Amendments to the Annexes |
— |
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Article 51 Instructions on the practical application of the Visa Code |
— |
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Article 52 Committee procedure |
— |
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Article 53 Notification |
— |
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Article 54 Amendments to Regulation (EC) No 767/2008 |
— |
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Article 55 Amendments to Regulation (EC) No 562/2006 |
— |
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Article 56 Repeals |
— |
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Article 57 Monitoring and evaluation |
— |
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Article 58 Entry into force |
— |
ANNEXES
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Annex I Harmonised application form |
CCI, Annex 16 |
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Annex II Non-exhaustive list of supporting documents |
Partially CCI, V, 1.4. |
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Annex III Uniform format and use of the stamp indicating that a visa application is admissible |
CCI, VIII, 2 |
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Annex IV Common list of third countries, listed in Annex I to Regulation (EC) No 539/2001whose nationals are required to be in possession of an airport transit visa when passing through the international transit area of airports situated on the territory of the Member States |
CCI, Annex 3, Part I |
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Annex V List of residence permits entitling their holders to transit through the airports of Member States without being required to hold an airport transit visa |
CCI, Annex 3, Part III |
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Annex VI Standard form for notifying and motivating refusal, annulment or revocation of a visa |
— |
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Annex VII Filling in the visa sticker |
CCI, Part VI, 1-4, Annex 10 |
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Annex VIII Affixing the visa sticker |
CCI, Part VI, 5.3 |
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Annex IX Rules for issuing visas at the border to seafarers in transit subject to visa requirements |
Regulation (EC) No 415/2003, Annexes I and II |
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Annex X List of minimum requirements to be included in the legal instrument in the case of cooperation with external service providers |
CCI, Annex 19 |
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Annex XI Specific procedures and conditions facilitating the issuing of visas to members of the Olympic Family participating in the Olympic Games and Paralympic Games |
— |
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Annex XII Annual statistics on uniform visas, visas with limited territorial validity and airport transit visas |
— |
( 1 ) OJ L 81, 21.3.2001, p. 1.
( 2 ) OJ L 164, 14.7.1995, p. 1.
( 3 ) Decision No 1105/2011/EU of the European Parliament and of the Council of 25 October 2011 on the list of travel documents which entitle the holder to cross the external borders and which may be endorsed with a visa and on setting up a mechanism for establishing this list (OJ L 287, 4.11.2011, p. 9).
( 4 ) OJ L 53, 23.2.2002, p. 4.
( 5 ) Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
( 6 ) OJ L 267, 27.9.2006, p. 41.
( 7 ) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the Rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
( 8 ) Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21).
( 9 ) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
( 10 ) Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).
( 11 ) OJ L 123, 12.5.2016, p. 1.
( 12 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
( *1 ) OJ L 243, 15.9.2009, p. 1.’;
( 13 ) OJ L 63, 13.3.1996, p. 8.
( 14 ) OJ L 116, 26.4.2001, p. 2.
( 15 ) OJ L 150, 6.6.2001, p. 4.
( 16 ) OJ L 64, 7.3.2003, p. 1.
( 17 ) OJ L 131, 28.5.2009, p. 1.
( 18 ) No logo is required for Norway, Iceland, Liechtenstein and Switzerland.
( 19 ) No logo is required for Norway, Iceland, Liechtenstein and Switzerland.
( 20 ) Revocation of a visa based on this reason is not subject to the right of appeal.
( 21 ) If required by national law.
( 22 ) OJ L 158, 30.4.2004, p. 77.
( 23 ) Reference to the ISO code of the organising Member State.