Annexes to 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
ANNEX I


OPERATIONAL INSTRUCTIONS FOR ISSUING VISAS AT THE BORDER TO SEAMEN IN TRANSIT WHO ARE SUBJECT TO VISA REQUIREMENTS

The objective of these operational instructions is to provide rules for the exchange of information between the competent authorities of the Member States applying the Schengen acquis with respect to seamen in transit subject to visa requirements. Insofar as a visa is issued at the border on the basis of the information that has been exchanged, the responsibility lies with the Member State issuing the visa.

For the purposes of these operational instructions:

"Schengen port": means a port constituting an external border of a Member State applying in full the Schengen acquis;

"Schengen airport": means an airport constituting an external border of a Member State applying in full the Schengen acquis, and

"Schengen territory": means the territory of the Member States in which the Schengen acquis is applied in full.

I. Signing on a vessel berthed or expected at a Schengen port

(a) entry into Schengen territory via an airport situated in another Member State applying in full the Schengen acquis

- the shipping company or its agent shall inform the competent authorities at the Schengen port where the ship is berthed or expected that seamen subject to visa requirements are due to enter via a Schengen airport. The shipping company or its agent shall sign a guarantee in respect of those seamen,

- the said competent authorities shall verify as soon as possible whether the information provided by the shipping company or its agent is correct and examine whether the other conditions for entry into the Schengen territory have been satisfied. Within the framework of that examination the travel route within the Schengen territory shall also be verified e.g. by reference to the airline tickets,

- the competent authorities at the Schengen port shall inform the competent authorities at the Schengen airport of entry, by means of a duly completed form for seamen in transit who are subject to visa requirements (as set out in Annex II), sent by fax, electronic mail or other means, of the results of the verification and indicate whether a visa can in principle be issued at the border,

- where the verification of the available data is positive and the outcome clearly concurs with the seaman's declaration or documents, the competent authorities at the Schengen airport of entry or exit can issue a transit visa at the border with a maximum validity of five days. Furthermore, in such cases the seaman's travel document referred to above shall be stamped with a Schengen entry or exit stamp and given to the seaman concerned;

(b) entry into the Schengen territory via a land or sea border situated in another Member State applying in full the Schengen acquis

- the procedure is the same as that for entry via a Schengen airport except that the competent authorities at the border post via which the seaman concerned enters the Schengen territory shall be informed.

II. Leaving service from a vessel that has entered a Schengen port

(a) exit from the Schengen territory via an airport situated in another Member State applying in full the Schengen acquis

- the shipping company or its agent shall inform the competent authorities at the said Schengen port of the entry of seamen subject to visa requirements who are due to leave their service and exit from the Schengen territory via a Schengen airport. The shipping company or its agent shall sign a guarantee in respect of those seamen,

- the competent authorities shall verify as soon as possible whether the information provided by the shipping company or its agent is correct and examine whether the other conditions for entry into the Schengen territory have been satisfied. Within the framework of that examination the travel route within the Schengen territory shall also be verified e.g. by reference to the airline tickets,

- where the verification of the available data is positive, the competent authorities may issue a transit visa with a maximum validity of five days;

(b) exit from the Schengen territory via a land or sea border situated in another Member State applying in full the Schengen acquis

- the procedure is the same as that for exit via a Schengen airport.

III. Transferring from a vessel that entered a Schengen port to a vessel that will sail from a port situated in another Member State applying in full the Schengen acquis

- the shipping company or its agent shall inform the competent authorities at the said Schengen port of the entry of seamen subject to visa requirements who are due to leave their service and exit from the Schengen territory via another Schengen port. The shipping company or its agent shall sign a guarantee in respect of those seamen,

- the competent authorities shall verify as soon as possible whether the information provided by the shipping company or its agent is correct and examine whether the other conditions for entry into the Schengen territory have been satisfied. The competent authorities at the Schengen port from which the seamen will leave the Schengen territory by ship shall be contacted for the examination. A check shall be carried out to establish whether the ship they are joining is berthed or expected there. Within the framework of that examination the travel route within the Schengen territory shall also be verified,

- where the verification of the available data is positive, the competent authorities may issue a transit visa with a maximum validity of five days.

IV. Issue of group visas to seamen in transit at the border

- seamen who are of the same nationality and are travelling in a group of between five and fifty individuals may be issued at the border with a group transit visa, which shall be affixed to a separate sheet,

- this separate sheet shall include, numbered in sequence, the personal data of all the seamen (surname and forename, date of birth, nationality and travel document number) covered by the visa. The data on the first and last seaman shall appear in duplicate to avoid falsifications and additions,

- for the issue of this visa, the procedures laid down in these operational instructions for the issue of individual visas to seamen shall be followed.


ANNEX II


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DETAILED DESCRIPTION OF FORM

The first four points deal with the identity of the seaman.

1. A. Surname(s)(1)

B. Forename(s)

C. Nationality

D. Rank/Grade.

2. A. Place of birth

B. Date of birth.

3. A. Passport number

B. Date of issue

C. Period of validity.

4. A. Seaman's book number

B. Date of issue

C. Period of validity.

Points 3 and 4 have been shown separately for clarity since, depending on the nationality of the seaman and the Member State being entered, a passport or a seaman's book can be used for identification purposes.

The next four points deal with the shipping agent and the vessel concerned.

5. Name of shipping agent (the individual or corporation who represents the shipowner on the spot in all matters relating to the shipowner's duties in fitting out the vessel).

6. A. Name of vessel

B. Flag (under which the merchant vessel is sailing).

7. A. Date of arrival of vessel

B. Origin (port) of vessel

Letter "A" refers to the vessel's date of arrival in the port where the seaman is to sign on.

8. A. Date of departure of vessel

B. Destination of vessel (next port).

Points 7A and 8A give indications regarding the length of time for which the seaman may travel in order to sign on. It should be remembered that the route followed is very much subject to unexpected interferences and external factors such as storms, breakdowns, etc.

The next four points clarify the reason for the seaman's journey and his destination.

9. The "final destination" is the end of the seaman's journey. This may be either the port at which he is to sign on or the country to which he is heading if he is leaving service.

10. Reasons for application

(a) In the case of signing on, the final destination is the port at which the seaman is to sign on.

(b) In the case of transfer to another vessel within the Schengen territory, it is also the port at which the seaman is to sign on. Transfer to a vessel situated outside the Schengen territory must be regarded as leaving service.

(c) In the case of leaving service, this can occur for various reasons, such as end of contract, accident at work, urgent family reasons, etc.

11. Means of transport

List of means used within the Schengen territory by the seaman in transit who is subject to a visa requirement to reach his final destination. On the form, the following three possibilities are envisaged:

(a) car (or coach);

(b) train;

(c) aeroplane.

12. Date of arrival (on the Schengen territory)

Applies primarily to a seaman at the first Schengen airport or border-crossing point (since it may not always be an airport) at the external border via which he wishes to enter the Schengen territory.

Date of transit

This is the date on which the seaman signs off at a port in the Schengen territory and heads towards another port also situated in the Schengen territory.

Date of departure

This is the date on which the seaman signs off at a port in the Schengen territory to transfer to another vessel at a port situated outside the Schengen territory or the date on which the seaman signs off at a port in the Schengen territory to return to his home (outside the Schengen territory).

After determining the three means of travel, available information should also be provided concerning those means:

(a) car, coach: registration;

(b) train: name, number, etc.;

(c) flight data: date, time, number.

13. Formal declaration signed by the shipping agent or the shipowner confirming his responsibility for the stay and, if necessary, for the repatriation costs of the seaman.

If the seamen are travelling in a group, each one has to fill in the data for points 1A to 4C.


(1) Please give the surname(s) that appear in the passport.