Legal provisions of JAI(2002)7 - Initiative of Spain with a view to adopting a Council Regulation on the issue of visas at the border, including the issue of such visas to seamen in transit

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dossier JAI(2002)7 - Initiative of Spain with a view to adopting a Council Regulation on the issue of visas at the border, including the issue of ...
document JAI(2002)7
date February 27, 2003


Contents

Article 1

1. By way of derogation from the general rule that visas shall be issued by diplomatic and consular authorities, in accordance with the provisions of Article 12(1) of the Convention implementing the Schengen Agreement of 14 June 1985, signed at Schengen on 19 June 1990(13), hereinafter referred to as the 'Schengen Convention', a third-country national who is required to be in possession of a visa when crossing the external borders of the Member States, may exceptionally be issued with a visa at the border where the following conditions are satisfied:

(a) he or she shall fulfil the conditions laid down by the provisions of Article 5(1)(a), (c), (d) and (e) of the Schengen Convention;

(b) he or she has not been in a position to apply for a visa in advance;

(c) he or she shall submit, if required, supporting documents substantiating unforeseeable and imperative reasons for entry, and

(d) return to his or her country of origin or transit to a third State shall be assured.

2. A visa issued at the border when the conditions described in paragraph 1 are satisfied may, as appropriate, be either a transit visa (type B) or a travel visa (type C) within the meaning of the provisions of Article 11(1) of the Schengen Convention, which

(a) is valid for all Member States applying the provisions of Title II, Chapter 3, of the Schengen Convention, or

(b) has limited territorial validity within the meaning of the provisions of Article 10(3) of the Schengen Convention.

In both cases, the visa issued shall not be valid for more than one entry. The validity of such travel visas shall not exceed 15 days. The validity of such transit visas shall not exceed five days.

3. A third-country national who applies for a transit visa at the border shall be in possession of the visas required to continue his or her journey to States of transit other than Member States applying the provisions of Title II, Chapter 3, of the Schengen Convention, and for the State of destination. The transit visa issued shall allow for direct transit through the territory of the Member State or Member States concerned.

4. A third-country national falling within a category of persons for which it is obligatory to consult one or more of the central authorities of other Member States shall not, in principle, be issued with a visa at the border.

Nevertheless, a visa may be issued at the border for such persons in exceptional cases, in accordance with the provisions of Article 5(2) of the Schengen Convention.

Article 2

1. A seaman who is required to be in possession of a visa when crossing the external borders of the Member States may be issued with a transit visa at the border where:

(a) he fulfils the conditions in Article 1(1) and (3), and

(b) 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 seaman.

The transit visa shall be issued in compliance with the provisions of Article 1(2) and, in addition, shall include a mention that the holder is a seaman.

2. Seamen who are of the same nationality and travelling in a group of between five and 50 individuals may be issued with a group transit visa at the border where the requirements of paragraph 1 above are met in respect of each of the seamen in the group.

3. Before issuing a visa at the border to a seaman or seamen in transit, the competent national authorities shall comply with the operational instructions set out in Annex I.

4. When carrying out these operational instructions, the competent national authorities of the Member States shall exchange the necessary information concerning the seaman or seamen in question by means of a duly completed form for seamen in transit as set out in Annex II.

5. Annexes I and II shall be amended in accordance with the regulatory procedure referred to in Article 3(2).

6. This Article shall apply without prejudice to the provisions of Article 1(4).

Article 3

1. The Commission shall be assisted by the Committee set up by Article 6 of Regulation (EC) No 1683/95(14).

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

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

3. The Committee shall adopt its rules of procedure.

Article 4

This Regulation shall not affect the competence of Member States with regard to the recognition of States and territorial units and passports, travel and identity documents issued by their authorities.

Article 5

1. The following shall be repealed:

(a) Schengen Executive Committee Decision (SCH/Com-ex (94) 2) of 26 April 1994, and

(b) Schengen Executive Committee Decision (SCH/Com-ex (96) 27) of 19 December 1996.

2. Point 5 and point 5.1 of Part II of the Common Manual shall be replaced by the following:

"The rules on issuing visas at the border, including the issue of such visas to seamen in transit, are contained in 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(15) (see Annex 14)."

3. The first sentence of Annex 14 shall be replaced by the following:

"The rules on the issue of visas at the border, including the issue of such visas to seamen in transit, are contained in, or adopted on the basis of, Council Regulation (EC) No 415/2003."

The rest of Annex 14 shall be repealed.

4. The following sentence shall be added at the end of point 2.1.4 of Part I of the Common Consular Instructions:

"By way of derogation from the foregoing, group transit visas may be issued to seamen in accordance with the provisions of Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of such visas to seamen in transit(16)."

Article 6

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


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