Issue of visas at the border

1) OBJECTIVE

To lay down standard rules on the issue of visas at borders; to lay down rules on the issue of visas at borders to seamen of the same nationality travelling in a group.

2) ACT

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 [Official Journal L 64 of 07.03.2003].

3) SUMMARY

The aim of this regulation is to replace:

• the decision of the Schengen Executive Committee of 19 December 1996 on issuing visas at borders to seamen in transit [SCH/Com-ex(96) 27] and Schengen Decision of 26 April 1994 on the issue of uniform visas at borders [SCH/Com-ex(94) 2]. Both decisions were published in Official Journal L 239 of 22.09.2000;
• annex XIV of the Common Manual.

When deciding on the format of the sheet to which the group transit visa should be affixed, Member States should take into account the format set out in Council Regulation No 333/2002 of 18 February 2002.

Subject to certain conditions, Member States may, in exceptional cases, issue at the border a short-stay visa to nationals of third countries who request it in order to cross the external borders. In every case, return to the country of origin of the applicant must be assured.

The visa in question will be valid for 15 days and for only one entry.

If a person applies for a transit visa at the border in order to continue his journey to a country other than the Member State, the visa will allow direct transit through the Member State or States in question and will be valid for only five days.

5.Under certain circumstances, a transit visa may be issued at the border to a seaman who must cross the external borders of the Union. The visa should state that the holder is a seaman.

The same type of visa can be issued collectively to a group of seamen (5 to 50 persons) of the same nationality travelling as a group.

Position of Denmark, the United Kingdom, Ireland, the Republic of Iceland and the Kingdom of Norway

In accordance with the protocol on the position of Denmark annexed to the EC Treaty and the EU Treaty, Denmark is not participating in the adoption of this Regulation. Given that this Regulation aims to develop Title IV of the EC Treaty, Denmark can decide within a period of six months after the Council has adopted this Regulation whether to transpose it into its national law.

As regards the Republic of Iceland and the Kingdom of Norway, this Regulation constitutes a development of the provisions of the Schengen acquis, under Council Decision 1999/437/EC (Official Journal L 176, 10.07.1999).

In accordance with the protocol on the position of the United Kingdom and Ireland annexed to the EC Treaty and the EU Treaty, these two Member States are not participating in the adoption of the Regulation.

Annexes

Annex I

Instructions for the issue of a transit visa at the border to seamen required to be in possession of a visa.

Annex II

Form relating to seamen in transit required to be in possession of a visa.

Last updated: 10.04.2003