32002X1216(02)Common Consular Instructions on visas for the diplomatic missions and consular posts

ANNEXES TO THE COMMON CONSULAR INSTRUCTIONS ON VISAS

1.

— Joint list of non-member countries whose citizens are required to have a visa by Member States bound by Regulation (EC) No 539/2001

24

— Joint list of non-member countries whose citizens are exempt from the visa requirement by Member States bound by Regulation (EC) No 539/2001

24

2.

Regulations governing the movement of holders of diplomatic, official duty and service passports and holders of laissez-passers which certain International Intergovernmental Organisations issue to their officials

27

3.

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

31

4.

List of documents entitling holders to entry without a visa

35

5.

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

53

6.

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

53

7.

Reference amounts for the crossing of borders fixed annually by the national authorities

54

8.

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

58

9.

Entries which the Contracting Parties shall write, where necessary, in the ‘comments’ section

64

10.

Instructions on writing entries in the section to be electronically scanned

64

11.

Criteria for determining whether a travel document may bear a visa

64

12.

Fees to be charged, in euro, corresponding to the administrative costs of processing the visa application

65

13.

Filling in visa stickers

66

14.

Rules and procedures governing information to be sent by Contracting Parties when issuing visas with limited territorial validity, when cancelling, revoking or reducing the duration of validity of uniform visas and when issuing national residence permits

84

15.

Model harmonised forms providing proof of invitation, sponsorship and accommodation drafted by the Contracting Parties

87

16.

Specimen harmonised uniform visa application form

93

COMMON CONSULAR INSTRUCTIONS

on visas for the diplomatic missions and consular posts of the Contracting Parties to the Schengen Convention

Conditions governing the issue of uniform visas, valid for the territory of all the Contracting Parties.

I.   GENERAL PROVISIONS

1.   Scope

The following common provisions which are based on the provisions of Chapter 3 (sections 1 and 2) of the Convention applying the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (hereinafter referred to as the Convention) signed in Schengen on 19 June 1990, and which Italy, Spain, Portugal, Greece and Austria have since acceded to, apply to the examination of visa applications for a visit not exceeding three months, including transit visas, valid for the territory of all the Contracting Parties (1).

Visas for visits exceeding three months shall be national visas, and shall only entitle the holder to reside in that national territory. Nevertheless, such visas shall enable their holders to transit through the territories of the other Contracting Parties in order to reach the territory of the Contracting Party which issued the visa, unless they fail to fulfil the entry conditions referred to in Article 5(1)(a), (d) and (e) or they are on the national list of alerts of the Contracting Party through whose territory they seek to transit.

2.   Definition and types of visa

2.1.   Uniform visas

These are the authorisation or decision granted in the form of a sticker affixed by a Contracting Party to a passport, travel document or other document which entitles the holder to cross the border. It enables aliens, subject to the visa requirement, to turn up at the external border of the Contracting Party which issued the visa or that of another Contracting Party and request, depending on the type of visa, transit or residence, provided that the other transit or entry conditions have been met. Mere possession of a uniform visa does not entitle automatic right of entry.

2.1.1.   Airport transit visas

This visa entitles aliens who are required to have such a visa, to pass through the international transit area of airports, without actually entering the national territory of the country concerned, during a stop-over or transfer between two sections of an international flight. The requirement to have this visa is an exception to the general right to transit without a visa through the abovementioned international transit area.

Nationals from the countries listed in Annex 3 and persons who are not necessarily nationals of those countries but who possess travel documents issued by their authorities, are required to possess this type of visa.

Exemptions from the airport transit visa requirement are laid down in part III of Annex 3.

2.1.2.   Transit visas

This visa entitles aliens who are travelling from one non-member country to another non-member country to pass through the territories of the Contracting Parties.

This visa authorises its holder to pass through once, twice or exceptionally several times, provided that no transit shall exceed five days.

2.1.3.   Short-term or travel visas: multiple entry visas

This visa entitles aliens who seek to enter the territories of the Contracting Parties, for reasons other than to immigrate, to carry out a continuous visit or several visits whose duration does not exceed three months in any half-year from the date of first entry. As a general rule, this visa may be issued for one or several entries.

In the case of aliens who frequently need to travel to one or several Schengen States, for example on business, short-term visas may be issued for several visits, provided that the total length of these visits does not exceed three months in any half-year. This multiple entry visa may be valid for one year, and in exceptional cases, for more than a year for certain categories of persons (see point V(2), (2.1)).

2.1.4.   Group visas

This is a transit visa or a visa limited to a maximum of 30 days, which may be affixed to a group passport, save where national legislation provides otherwise, issued to a group of aliens formed prior to the decision to travel, provided that the members of the group enter the territory, stay there and leave the territory as a group.

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

2.2.   Long-term visas

Visas for visits exceeding three months shall be national visas issued by one of the Member States in accordance with its national legislation.

However, such visas shall, for a period of not more than three months from their initial date of validity, be valid concurrently as uniform short-stay visas, provided that they were issued in accordance with the common conditions and criteria adopted under or pursuant to the relevant provisions of Chapter 3, section I of the aforementioned Convention and their holders fulfil the entry conditions referred to in Article 5(1)(a), (c), (d) and (e) of the Convention and reproduced in part IV of these Instructions. Otherwise, such visas shall merely enable their holders to transit through the territories of the other Contracting Parties in order to reach the territory of the Member State which issued the visa, unless the holders do not fulfil the entry conditions referred to in Article 5(1)(a), (d) and (e) or are on the national list of alerts of the Member State through whose territory they seek to transit.

2.3.   Visas with limited territorial validity

This visa is affixed in exceptional cases to a passport, travel document or other document which entitles the holder to cross the border, where the visit is authorised only in the national territory of one or more Contracting Parties, provided that both entry and exit are through the territory of this or these Contracting Parties (part V(3) of these Instructions).

2.4.   Visas issued at the border  (2)

II.   DIPLOMATIC MISSION OR CONSULAR POST RESPONSIBLE

Aliens who are subject to the visa requirement (see Annex 1), and who seek to enter the territory of a Contracting Party, are obliged to apply to the visa section in the diplomatic mission or consular post responsible.

1.   Determining the State responsible

1.1.   State responsible for deciding on an application

The following are responsible for examining applications for short-term or transit uniform visas:

(a)

— the Contracting Party in whose territory the sole or main destination of the visit is found. Under no circumstances shall a transit Contracting Party be considered as the country of main destination. The diplomatic mission or consular post with whom the application is lodged shall decide, on a case-by-case basis, which is the Contracting Party of main destination, bearing in mind, in its assessment, all the facts and in particular the purpose behind the visit, the route and length of visit or visits. When looking at these facts, the mission or post shall mainly focus on the supporting documents submitted by the applicant, — it shall specifically focus on the main reason for or the purpose of the visit when one or more destinations are the direct result or complement of another destination, — it shall specifically focus on the longest visit when no destination is the direct result or complement of another destination; where the visits are of equal length, the first destination shall be the determining factor;

(b)

— the Contracting Party of first entry, when the Contracting Party of main destination cannot be determined. Contracting Party of first entry shall be the State whose external border the applicant crosses in order to enter the Schengen area after having had his/her documents checked, — when the Contracting Party of first entry does not require a visa, it is not obliged to issue a visa and, unless it issues the visa voluntarily, subject to the consent of the person concerned, the responsibility is transferred to the first Contracting Party of destination or of transit which requires a visa, — the examination of applications and the issue of visas with limited territorial validity (limited to the territory of one Contracting Party or to the territory of the Benelux States) shall be the responsibility of the Contracting Party or Parties concerned.

1.2.   State representing the State responsible

(a)

If the State responsible under Article 12 of the Schengen Convention has no diplomatic mission or consular post in a given country, the uniform visa may be issued by the mission or post of the Contracting Party which represents the interests of the State responsible. The visa is issued on behalf of the Contracting Party that is being represented, subject to its prior authorisation, and where necessary, consultation between the central authorities. If one of the Benelux States has a mission or post, it shall automatically represent the other Benelux States.

(b)

If the State responsible has a diplomatic mission or consular post in the capital city of a country, but not in the area where the application is lodged, and if one or more of the other Contracting Parties does have a mission or post, the visa may, in exceptional cases and only in countries which are geographically very large, be issued by another Contracting Party representing the State responsible, provided that there is a specific agreement on representation between the two Contracting Parties concerned and such action is in accordance with the terms of the said agreement.

(c)	In accordance with the provisions contained in (a) and (b), it shall in any event be for the visa applicant to decide whether to contact either the diplomatic mission or the consular post which is representing the State responsible or that of the State responsible.

(d)	The subgroup on visas shall draft an overview of the agreed representation arrangements which it shall revise regularly.

(e)

The procedure for issuing Schengen visas in non-member countries in which not all Schengen States are represented shall be based on the following principles: — the rules on representation shall apply to the processing of applications for uniform airport transit visas, transit visas and short-stay visas issued pursuant to the Schengen Convention and in accordance with the Common Consular Instructions. The representing State is obliged to comply with the provisions of the Common Consular Instructions as quickly as it issues its own visas of the same category and with the same period of validity, — except as expressly provided in bilateral agreements, the rules on representation shall not apply to visas issued for the purpose of paid employment or an activity which requires prior permission from the State in which it is to be carried out. The applicant must contact the accredited consular post of the State where the activity is to be performed, — the Schengen States shall not be obliged to ensure that they are represented for visa purposes in every non-member country. They may decide that in certain non-member countries visa applications or applications for a particular kind of visa must be made at a permanent consular post or diplomatic mission of the State that is the main destination, — the diplomatic missions and consular posts shall have sole responsibility for assessing the risk of illegal immigration posed by a visa application, — the represented State shall assume responsibility for asylum applications made by holders of visas which the visa stamp expressly shows to have been issued by representing States on behalf of represented States, — in exceptional cases, bilateral agreements may stipulate that visa applications from certain categories of alien are either to be submitted by the representing State to the authorities of the represented State in which the main destination is located or forwarded to a permanent consular representation of that State. The categories in question must be laid down in writing (if necessary for each diplomatic mission or consular post). It shall be assumed that the visa has been issued on the authorisation of the represented State pursuant to Article 30(1) of the Schengen Convention, — bilateral agreements may be amended in the course of time on the basis of decisions made by individual States concerning asylum applications lodged within a set period of time by holders of visas issued in the framework of representation and other information relevant to the issue of visas. Agreement may also be reached on waiving the rules on representation in the case of certain diplomatic missions and consular posts, — representation shall apply solely in the context of issuing visas. Aliens who are unable to apply for a visa because they cannot furnish sufficient proof that they fulfil the relevant conditions must be informed that they can apply for a visa at a permanent consular post or diplomatic mission of the Schengen State in which their destination lies, — the rules on representation may be refined as a result of further developments in software enabling consular posts and diplomatic missions undertaking representation to consult the central authorities of the represented State without substantial additional effort, — the list containing rules on representation with regard to the issue of a Schengen visa in non-member counries in which not all Schengen States are represented shall be submitted to the Central Group for acknowledgement of the amendments made to it by agreement between the Schengen States concerned.

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

2.1.   Consultation with the national central authority

The diplomatic mission or consular post which examines the application, shall seek authorisation from its central authority, consult it or inform it of the decision it plans to take in a case, in accordance with the arrangements and deadlines laid down by national law and practice. Cases requiring national consultation are listed in Annex 5A.

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

The diplomatic mission or the consular post with whom an application is lodged shall seek authorisation from its central authority, which, for its part, shall send the application on to the competent central authorities of one or more other Contracting Parties (see part V(2), (2.3)). Until the final list of cases of mutual consultation has been approved by the Executive Committee, the list annexed to these Common Consular Instructions shall apply (see Annex 5B).

2.3.   Consultation procedure in the framework of representation

(a)	When visa applications are lodged by nationals of the countries listed in Annex 5C at a diplomatic mission or consular representation of a Schengen State, representing another Schengen State, the represented State shall be consulted.

(b)	The information exchanged in respect of these visa applications shall be the same as that currently exchanged in the framework of the consultation under Annex 5B. A compulsory heading shall, however, be provided on the form for the references to the territory of the represented State.

(c)	The current provisions of the Common Consular Instructions on Visas shall apply to the time limits, their extension and the form of the reply.

(d)	The consultation provided for in Annex 5B shall be undertaken by the represented State.

3.   Visa applications lodged by non-residents

When an application is lodged with a State which is not the applicant's State of residence and there is doubt over the person's intentions (in particular where there is evidence pointing to illegal immigration), the visa shall only be issued after consultation with the diplomatic mission or consular post of the applicant's State of residence and/or its central authority.

4.   Authorisation to issue uniform visas

Only the diplomatic mission or consular posts of the Contracting Parties shall be entitled to issue uniform visas, with the exception of the cases listed in Annex 6.

III.   INITIATION OF THE APPLICATION PROCEDURE

1.   Visa application forms — number of application forms

Aliens shall also be required to fill in the uniform visa form. Applications for a uniform visa must be made using the harmonised form of which a specimen is given in Annex 16.

At least one copy of the application form must be filled in so that it may be used during consultation with the central authorities. The Contracting Parties may, insofar as national administrative procedures so require, request several copies of the application.

2.   Documents to be enclosed

Aliens shall enclose the following documents with the application:

(a)	a valid travel document on which a visa may be affixed (see Annex 11);

(b)

where necessary, documents supporting the purpose and the conditions of the planned visit, If the information supplied is sufficient to enable the diplomatic mission or consular post to ascertain that the applicant is acting in good faith, the staff responsible for issuing the visas may exempt the applicant from submitting the abovementioned supporting documents.

3.   Guarantees of means of return and means of subsistence

Aliens shall be able to offer the diplomatic mission or consular post with whom they lodge their application, a guarantee that they have adequate means for their subsistence and their return.

4.   Personal interviews with applicants

As a general rule, the applicant shall be called on to appear in person in order to verbally justify the grounds for the application, especially where there are doubts over the actual purpose behind the visit or that person's return to the country of departure.

This requirement may be waived in cases where the applicant is well-known or where the distance from the diplomatic mission or consular post is too great, provided that there is no doubt as to the good faith of the applicant and where in the case of large groups, a reputable and trustworthy body is able to vouch for the good faith of those persons concerned.

Part VIII(5) contains more detailed rules on visa applications processed by private administrative agencies, travel agencies and tour operators and their retailers (3).

IV.   LEGAL BASIS

Uniform visas may only be issued once the entry conditions laid down in Articles 15 and 5 of the Convention have been met. These Articles read as follows:

Article 15In principle, the visa referred to in Article 10 may be issued only if an alien fulfils the entry conditions laid down in Article 5(1)(a), (c), (d) and (e).. Article 5

1.

For visits not exceeding three months, aliens fulfilling the following conditions may be granted entry into the territories of the Contracting Parties: (a) the possession of a valid document or documents, as defined by the Executive Committee, authorising them to cross the border; (b) the possession of a valid visa if required; (c) if applicable, the aliens shall produce documents substantiating the purpose and the conditions of the planned visit and shall have adequate means of support, both for the period of the planned visit and the return to their country of origin or transit to a non-member country, where their admission is guaranteed, or shall be in a position to acquire such means legally; (d) the aliens shall not be persons for whom an alert has been issued for the purposes of refusing entry; (e) the aliens shall not be considered to be a threat to public policy, national security or the international relations of any of the Contracting Parties.

2.

Entry into the territories of the Contracting Parties must be refused to any alien who does not fulfil all the above conditions unless a Contracting Party considers it necessary to derogate from that principle for humanitarian reasons, on grounds of national interest or because of international obligations. In such cases authorisation to enter will be restricted to the territory of the Contracting Party concerned, which must inform the other Contracting Parties accordingly. These rules shall not preclude the application of special provisions concerning the right to asylum or the provisions laid down in Article 18.

Visas with limited territorial validity may be issued subject to the conditions laid down in Articles 11(2), 14(1) and 16 in connection with Article 5(2) (see part V(3)).

Article 11(2)

2.

Paragraph 1 shall not preclude a Contracting Party from issuing a new visa, the validity of which is limited to its own territory, within the half-year in question if necessary.

Article 14(1)

1.

No visa may be affixed to a travel document if the travel document is not valid for any of the Contracting Parties. If a travel document is only valid for one Contracting Party or for a number of Contracting Parties the visa to be affixed shall be limited to the Contracting Party or Parties in question.

Article 16If a Contracting Party considers it necessary to derogate, on one of the grounds listed in Article 5(2) from the principle laid down in Article 15, by issuing a visa to an alien who does not fulfil all the entry conditions referred to in Article 5(1), the validity of this visa shall be restricted to the territory of that Contracting Party, which must inform the other Contracting Parties accordingly.

V.   EXAMINATION OF APPLICATIONS AND DECISIONS TAKEN

The diplomatic mission or consular post shall first check the documents submitted (1) and shall then base its decision regarding the visa application on these documents (2):

Basic criteria for examining applications

The main issues to be borne in mind when examining visa applications are: the security of the Contracting Parties and the fight against illegal immigration as well as other aspects relating to international relations. Depending on the country concerned, one of these may take precedence over the other, but at no stage should any of them be forgotten.

As far as security is concerned, it is advisable to check that the necessary controls have been carried out: a search of the files containing alerts (alerts for the purposes of refusing entry) in the Schengen Information System, consultation with the central authorities of the countries subject to this procedure.

The diplomatic mission or consular post shall assume full responsibility in assessing whether there is an immigration risk. The purpose of examining applications is to detect those applicants who are seeking to immigrate to the territory of the Contracting Parties and set themselves up there, using grounds such as tourism, studies, business or family visits as a pretext. Therefore, it is necessary to be particularly vigilant when dealing with ‘risk categories’, in other words unemployed persons, and those with no regular income etc. If there is any doubt over the authenticity of the papers and supporting documents submitted, the diplomatic mission or consular post shall refrain from issuing the visa.

On the contrary, checks shall be reduced where the applicant is known to be a bona fide person, this information having been exchanged through consular cooperation.

1.   Examination of visa applications

1.1.   Verification of the visa application

—	the length of visit requested shall correspond with the purpose of the visit,

—	the replies to the questions on the form shall be complete and coherent. The form shall include an identity photograph of the visa applicant and shall indicate, as far as possible, the main destination of the visit.

1.2.

Verification of the applicant's identity and verification as to whether an alert has been issued on the applicant in the Schengen Information System (SIS) for the purposes of refusing entry or verification as to whether they pose any other threat (to security) which would constitute grounds for refusal to issue the visa or whether, from an immigration point of view, the applicant poses a risk in that on a previous visit he/she overstayed the authorised length of visit.

1.3.   Verification of the travel document

—	verification as to whether the document is in order or not: it should be complete and should be neither amended, falsified or counterfeited,

—	verification of the territorial validity of the travel document: it should be valid for entry into the territory of the Contracting Parties,

—	verification of the period of validity of the travel document: the period of validity of the travel document should exceed that of the visa by three months (Article 13(2) of the Convention),

—

nevertheless, for expedient humanitarian reasons, on grounds of national interest or because of international obligations, it shall be possible, in exceptional cases, to affix visas to travel documents whose period of validity is less than that specified in the previous paragraph (three months), provided that the period of validity exceeds that of the visa and that the guarantee of return is not in jeopardy,

—	verification of the length of previous visits to the territory of the Contracting Parties.

1.4.   Verification of other documents depending on the application

The number and type of supporting documents required depend on the possible risk of illegal immigration and the local situation (for example whether the currency is convertible) and may vary from one country to another. As concerns assessment of the supporting documents, the diplomatic missions or consular posts of the Contracting Parties may agree on practical arrangements adapted to suit local circumstances.

The supporting documents shall cover the purpose of the journey, means of transport and return, means of subsistence and accommodation:

—	supporting documents regarding the purpose of the journey shall mean, for example: — a letter of invitation, — a summons, — an organised trip;

—	supporting documents regarding means of transport and return shall mean, for example: — a return ticket, — currency for petrol or car insurance;

—

supporting documents regarding means of subsistence: the following may be accepted as proof of means of subsistence: cash in convertible currency, travellers cheques, cheque books for a foreign currency account, credit cards or any other means that guarantees funds in hard currency. The level of means of subsistence shall be proportionate to the length of visit and purpose of the visit, and also the cost of living in the Schengen State or States to be visited. To this end, reference amounts shall be fixed each year for the crossing of borders by the national authorities of the Contracting Parties (see Annex 7) (4);

—

supporting documents regarding accommodation: the following documents inter alia may be accepted as proof of accommodation: (a) hotel reservation or reservation for a similar establishment. (b) documents proving the existence of a lease or a property title, in the applicant's name, proving ownership of a property situated in the country to be visited. (c) where an alien states that he/she shall stay at a person's home or in an institution, the diplomatic missions and consular posts shall verify whether the alien will actually be accommodated there: — either by checking with the national authorities, where such checks are necessary, — or by requiring that a certificate be presented which vouches for the commitment to accommodate, in the form of a harmonised form filled in by the host/institution and stamped by the competent authority of the Contracting Party, according to the provisions laid down in its national legislation. A model of the form may be adopted by the Executive Committee, — or by requiring that a certificate or an official or public document be presented which vouches for the commitment to accommodate, worded and checked in accordance with the internal law of the Contracting Party concerned. The presentation of documents relating to the commitment to accommodate referred to in the previous two paragraphs is not a new condition for the issuing of visas. These documents have a practical purpose, aimed at proving that accommodation is available and, where appropriate, the existence of means of subsistence. If a Contracting Party uses this type of document, then it should in any case, specify the identity of the host and of the guest or guests, the address of the accommodation, the length and purpose of the visit, any possible family ties, and indicate whether the host is residing lawfully in the country. After having issued the visa, the diplomatic mission or consular post shall affix its stamp and write the visa number on the document in order to avoid it being reused. These checks are aimed at avoiding any false/fraudulent invitations or invitations from illegal or possibly illegal aliens. Before applying for a uniform visa, applicants may be exempted from the requirement to provide supporting documents regarding accommodation if they are able to prove that they have sufficient financial means to cover their subsistence and accommodation costs in the Schengen State or States that they plan to visit.

—	Other documents where necessary depending on the case in question, for example: — proof of place of residence and proof of ties with the country of residence, — parental authorisation in the case of minors, — proof of the social and professional status of the applicant.

Where the national laws of the Schengen States require proof of invitations from private individuals or for business trips, sponsorship declarations or proof of accommodation, a harmonised form shall be used.

1.5.   Assessment of the applicant's good faith

In order to assess the applicant's good faith, the mission or post shall check whether the applicant is recognised as a person of good faith within the framework of local consular cooperation.

Furthermore, they shall consult the information exchanged, as referred to in part VIII(3), of these Instructions.

2.   Decision-making procedure for visa applications

2.1.   Choice of type of visa and number of entries

A uniform visa pursuant to Article 11 may be:

—	a travel visa valid for one or more entries, provided that neither the length of a continuous visit nor the total length of successive visits exceeds three months in any half-year, from the date of first entry,

—

a visa valid for one year, entitling a three month visit during any half-year and several entries; this visa may be issued to persons offering the necessary guarantees and persons whom the Contracting Parties have shown a particular interest in. In exceptional cases, a visa valid for more than one year, but for a maximum of five years, may be issued to certain categories of persons for several entries,

—

a transit visa authorising its holder to pass through the territories of the Contracting Parties once, twice or exceptionally several times en route to the territory of a non-member country, provided that no transit shall exceed five days and provided that the entry of the alien into the territory of the destination non-member country is guaranteed and that the route being followed normally requires transit through the territories of the Contracting Parties.

2.2.   The administrative responsibility of the intervening authority

The diplomatic representative or the head of the consular section shall assume, in accordance with their national powers, full responsibility with regard to the practical arrangements for the issuing of visas by their missions or posts and shall consult each other on this matter.

The diplomatic mission or consular post shall take its decision on the basis of all the information available to it and bearing in mind the specific situation of each applicant.

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

The Contracting Parties have decided to set up a system for the purpose of carrying out consultation with the central authorities.

The following measures may be applied temporarily should the consultation technical system break down and in accordance with needs:

—	limit the number of cases of consultation to those where consultation is deemed essential,

—	use the local network of embassies and consulates of the Contracting Parties concerned in order to channel consultation,

—	use the network of embassies of the Contracting Parties located (a) in the country carrying out the consultation, (b) in the country which is to be consulted,

—	use of conventional means of communication between contact points: fax, telephone, etc.,

—	be more vigilant for the benefit of the common interest.

In cases where the applicants come under the categories listed in Annex 5B subject to consultation with a central authority, of the Ministry of Foreign Affairs or of another body, (Article 17(2) of the Convention), uniform visas and long-stay visas valid concurrently as short-stay visas shall be issued according to the procedure outlined below.

The diplomatic mission or consular post with whom an application is lodged by a person from one of these categories shall, in the first instance, check, by carrying out a search in the Schengen Information System, whether an alert has been issued on the applicant for the purposes of refusing entry.

It shall then follow the procedure outlined below.

(a)	Procedure The procedure under b shall not apply when the visa applicant has been issued an alert in the Schengen Information System for the purposes of refusing entry;

(b)

Sending applications to the national central authority The diplomatic mission or consular post with whom an application is lodged by a person from one of the categories subject to consultation shall send this application immediately to the central authority in its country. — If the central authority decides to refuse an application for which the Contracting Party applied to is responsible, it is not necessary to begin or to continue a consultation procedure with the central authorities of the Contracting Parties which requested to be consulted. — In the case of an application examined by the representative of the State responsible, the central authority of the Contracting Party with whom the application is lodged shall send it to the central authority of the State responsible. If the central authority of the State being represented, or the central authority of the representing State, where so provided in the representation agreement, decides to turn down the visa application, it is not necessary to begin or to continue a consultation procedure with the central authorities of the Contracting Parties which requested to be consulted.

(c)

Information sent to the central authority As part of consultation with the central authorities, the diplomatic missions or consular posts with whom an application is lodged shall send the following information to their central authority: 1. diplomatic mission or consular post with whom the application was lodged; 2. surname and first names, date and place of birth and, where known, the names of the applicant's parents; 3. nationality of the applicant(s) and, where known, any previous nationalities; 4. type and number of travel document(s) submitted, their date of issue and date of expiry; 5. length and purpose of planned visit; 6. planned dates of travel; 7. residence, profession, employer of the visa applicant; 8. references from the Member States, in particular, any previous applications or visits to the Signatory States; 9. border which the applicant plans to cross in order to enter Schengen territory; 10. any other names (maiden name, or where applicable, married name, in order to complete the identification in accordance with the requirements under the national law of the Contracting Parties and the national law of the State where the applicant is a citizen); 11. any other information deemed necessary by the diplomatic missions or consular posts, concerning for example the spouse or children accompanying the person concerned, any visas previously issued to the applicant and visa applications for the same destination. This information shall be taken from the visa application form, in the order in which it appears on the aforementioned form. The above headings shall act as the basis of the information to be sent in consultation between central authorities. The Contracting Party carrying out the consultation shall as a rule be responsible for the way it sends the information, in the understanding that the date and time of transmission and its receipt by the recipient central authorities should be clearly marked.

(d)

Sending applications between central authorities The central authority of the Contracting Party whose mission or post has received an application shall consult, in turn, the central authority or authorities of the Contracting Party or Parties who have asked to be consulted. To this end, the authorities designated by the Contracting Parties shall be considered as central authorities. After having carried out the necessary checks, these authorities shall send their overall assessment of the visa application to the central authority which consulted them.

(e)

Reply time: extension The maximum deadline which the consulted central authorities have for sending a reply to the central authority which asked for the consultation shall be seven days. The initial reply time is taken from the time at which the application is sent by the central authority which has to carry out the consultation. If, during the course of the seven days, one of the consulted central authorities asks for the deadline to be extended, this may be increased by seven days. In exceptional cases, the consulted central authority may submit a justified request for an extension of more than seven days. The authorities being consulted shall ensure that in cases of urgency, the reply is sent back as quickly as possible. Where no reply is received by the initial deadline or, where applicable, by the extended deadline it shall be the equivalent of an authorisation and shall mean that there are, as far as the Contracting Party or Parties consulted are concerned, no grounds for objecting to the issue of a visa.

(f)

Decision based on the outcome of the consultation Once the initial or extended deadline has expired, the central authority of the Contracting Party with whom the application is lodged may authorise the diplomatic mission or consular post to issue the uniform visa. Where there is no clear decision on the part of the central authority, the diplomatic mission or consular post with whom the application is lodged may issue the visa after a period of 14 days, from the time at which the application was sent by the central authority carrying out the consultation. It is up to each central authority to inform its missions and posts at the start of each consultation period. In cases where the central authority receives a request for an exceptional extension to the deadline, it shall inform the mission or post with whom the application is lodged thereof: it shall not decide on the application before having received clear instructions from its central authority.

(g)

Transmission of specific documents In exceptional cases, the embassy where the visa application is lodged may, at the request of the consular mission of the consulted State, transmit pursuant to Article 17 of the Schengen Convention the visa application form (with a space for a photograph). This procedure shall only apply in places where there are diplomatic or consular missions of both the consulting State and consulted State and only in respect of the nationalities listed in Annex 5B. In no circumstances may the reply to the consultation or the request to extend the time limit for consultation be undertaken locally, with the exception of consultation at local level in accordance with the current provisions of Annex 5B of the Common Consular Instructions on Visas. In principle, the consultation network shall be used for exchanges between the central authorities.

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

The procedure and the possible channels of appeal in cases where the diplomatic mission or consular post of a Contracting Party refuses to examine an application or issue a visa, are governed by the law of that Contracting Party.

If a visa is refused and national law provides for the grounds for such a refusal to be given, this must be done on the basis of the following text:

‘Your request for a visa has been refused pursuant to Article 15 in conjunction with Article 5 of the Convention implementing the Schengen Agreement of 19 June 1990 because you do not satisfy the conditions under Article 5(1) (a), (c), (d), (e), (indicate relevant condition(s)) of the said Convention, which stipulates … (quote relevant condition(s)).’

If necessary, the above grounds may be supplemented with more detailed information or contain other information in accordance with the requirements in this area laid down in the national law of the Schengen States.

When a diplomatic or consular mission which is representing another Schengen State is forced to discontinue its examination of a visa application, the applicant should be notified thereof and informed that he/she may go to the nearest diplomatic or consular mission of the State competent to examine the visa application.

3.   Visas with limited territorial validity

A visa whose validity is limited to the national territory of one or several Contracting Parties may be issued:

1.

in cases where a diplomatic mission or consular post considers it necessary to derogate from the principle laid down in Article 15 of the Convention (Article 16) on one of the grounds listed in Article 5(2) (for humanitarian reasons, on grounds of national interest or because of international obligations);

2.

in cases provided for in Article 14 of the Convention, according to which: ‘1. No visa may be affixed to a travel document if that travel document is not valid for any of the Contracting Parties. If a travel document is only valid for one Contracting Party or for a number of Contracting Parties the visa to be affixed shall be limited to the Contracting Party or Parties in question. 2. If a travel document is not recognised as valid by one or more of the Contracting Parties an authorisation may be issued in place of a visa.’

3.	in cases where, due to extreme urgency, (for humanitarian reasons, on grounds of national interest or because of international obligations), a mission or post does not consult the central authorities or where this procedure gives rise to protest;

4.

in cases where a mission or post issues, as an absolute necessity, a new visa for a visit to be carried out during the same half-year to an applicant who, over a six-month period, has already used a visa with a validity of three months. The validity is limited to the territory of one Contracting Party, the Benelux or two Benelux States for scenarios 1, 3 and 4 above, and to the territory of one or several Contracting Parties, the Benelux or two Benelux States for scenario 2. The missions or posts of the other Contracting Parties shall be informed of cases where these visas are issued.

VI.   HOW TO FILL IN VISA-STICKERS

Annexes 8 and 13 contain the following: 8 — a description of the sticker's security features; 13 — examples of specimen visa-stickers that have already been filled in.

1.   Common entries section (Section 8)

1.1.   ‘VALID FOR’ heading:

This heading indicates the territory in which the visa holder is entitled to travel.

This heading may only be completed in one of the following four ways:

(a)	Schengen States;

(b)	Schengen State or Schengen States to whose territory the validity of the visa is limited (in this case the following abbreviations are used: F for France, D for Germany, E for Spain, GR for Greece, P for Portugal, I for Italy, L for Luxembourg, NL for the Netherlands, B for Belgium);

(c)

Benelux;

(d)	Schengen State (using the abbreviations in (b)) which issued the national long-stay visa and Schengen States;

—

when the sticker is used to issue the uniform visa pursuant to Articles 10 and 11 of the Convention, or to issue a visa whose validity is not limited to the territory of the Contracting Party which issued the visa, the heading ‘valid for’ is filled in using the words ‘Schengen States’, in the language of the Contracting Party which issued the visa,

—	when the sticker is used to issue visas which restrict entry, stay and exit to just one territory, this heading shall be filled in, in the national language, with the name of the Contracting Party to which the visa holder's entry, stay and exit are limited,

—

when the sticker is used to issue a national long-stay visa valid concurrently as a uniform short-stay visa for a maximum period of three months from its initial date of validity, this heading is to be filled in with the Member State which issued the national long-stay visa, followed by ‘Schengen States’,

—

pursuant to Article 14 of the Convention, limited territorial validity may cover the territory of several Member States; in that case, according to the Member State codes to be entered under this heading, the following options are available: (a) entry of the codes for the Member States concerned; (b) entry of the words ‘Schengen States’ in the language of the issuing Member State followed in brackets by the minus sign and the codes of the Member States for the territories of which the visa is not valid;

—	limited territorial validity may not apply to just part of the territory of a Contracting Party.

1.2.   ‘FROM... TO’ heading:

This heading shows the period during which the holder may carry out the visit authorised by the visa.

The date from which the visa holder may enter the territory for which the visa is valid, is written as below, following the word ‘FROM’:

—	the day is written using two figures, the first of which is a zero if the day in question is a single figure,

—	horizontal dash,

—	the month is written using two figures, the first of which is a zero if the month in question is a single figure,

—	horizontal dash,

—	the year is written using two figures, which correspond with the last two figures of the year,

—	For example: 15-04-94 = 15 April 1994.

The last date on which the visa holder may carry out the visit authorised by the visa is written following the word ‘TO’. The visa holder must have left the territory for which the visa is valid by midnight on this date.

This date is written in the same way as the first date above.

1.3.   ‘NUMBER OF ENTRIES’ heading:

This heading shows the number of times the visa holder may enter the territory for which the visa is valid; in other words, this shall mean the number of periods of stay which may be divided over the entire period of validity, see 1.4.

The number of entries may be one, two or more. This number is written to the right-hand side of the pre-printed part, using ‘01’, ‘02’ or the abbreviation ‘MULT’, where the visa authorises more than two entries.

For a transit visa, only one or two entries may be authorised (‘01’ or ‘02’ shall be written). More than two entries (‘MULT’) shall only be authorised in exceptional cases.

The visa shall expire when the total number of exits made by the holder equals the number of authorised entries, even if the holder has not used up the number of days authorised by the visa.

1.4.   ‘DURATION OF VISIT ... DAYS’ heading

This heading indicates the number of days during which the holder may stay in the territory for which the visa is valid (5). This visit may be a continuous one or divided up, depending on the number of days authorised, over several periods between the dates mentioned under 1.2, bearing in mind the number of entries authorised under 1.3.

The number of days authorised is written in the blank space between ‘DURATION OF VISIT’ and ‘DAYS’, in the form of two figures, the first of which is a zero if the number of days is less than 10.

The maximum number of days that can be included under this heading is 90 per any half-year.

1.5.   ‘ISSUED IN ... ON ...’ heading

This heading shows, in the language of the Contracting Party issuing the visa, the name of the town in which the diplomatic mission or consular post which is issuing the visa is found, this name is written between ‘IN’ and ‘ON’. The date of issue is indicated after ‘ON’.

The date of issue is written in the same way as the date referred to in 1.2.

The authority which issued the visa may be identified by way of the entry which appears in the stamp affixed to section 4.

1.6.   ‘PASSPORT NUMBER’ heading:

This heading indicates the number of the passport to which the visa-sticker is affixed. This number shall be followed by reference to any children and to the spouse if these appear in the passport, who are accompanying the holder (a letter ‘X’ for children preceded by the number thereof (for example 3X = three children) and a letter ‘Y’ for the spouse).

Where, because the holder's travel document is not recognised, the uniform format for forms is used for the visa, the issuing diplomatic mission or consular post may opt to use the same form to extend the validity of the visa to the holder's spouse and to accompanying minors dependent on the holder of the form who accompany the holder or to issue separate forms for the holder, his spouse and each person dependent on him, affixing the corresponding visa on each form separately (6).

The passport number is the series number which is pre-printed or perforated on all or almost all of the pages of the passport.

The number to be entered under this heading, in the case of a visa to be affixed to the uniform format form, is not the passport number but the same typographical number as appears on the form, made up of six digits, which may be accompanied by the letter or letters assigned to the Member State or group of Member States which issued the visa (6).

1.7.   ‘TYPE OF VISA’ heading:

In order to facilitate matters for the control authorities, this heading specifies the type of visa using the letters A, B, C and D as follows:

A	airport transit visa
B	transit visa
C	short-term visa
D	long-term national visa
D and C	national long-stay visa valid concurrently as a short-stay visa

For visas with limited territorial validity and group visas the letters A, B or C shall be used depending on the case in question.

1.8.   ‘NAME AND FORENAME’ heading:

The first word in the ‘name’ box followed by the first word in the ‘first name’ box of the visa holder's passport or travel document shall be written in that order. The diplomatic mission or consular post shall verify that the name and first name which appear in the passport or travel document and which are to be entered under this heading and in the section to be electronically scanned are the same as those appearing in the visa application (6).

2.   National entries section COMMENTS (Section 9)

Contrary to section 8 (joint and obligatory entries), this section is reserved for any comments relating to national provisions. Although the Contracting Parties shall be free to include any comments which they deem relevant, they shall be obliged to inform their partners thereof in order that these comments may be interpreted (see Annex 9).

3.   Section for the photograph  (7)

The visa-holder's photograph, in colour, shall be integrated in the space reserved for that purpose as shown in Annex 8. The following rules shall be observed with respect to the photograph to be integrated into the visa sticker.

The size of the head from chin to crown shall be between 70 % and 80 % of the vertical dimension of the surface of the photograph. The minimum resolution requirements shall be:

—	300 pixels per inch (ppi), uncompressed, for scanning,

—	720 dots per inch (dpi) for colour printing of photos.

In the absence of a photograph, it shall be obligatory to enter the words ‘valid without photograph’ in this section in two or three languages (the language of the Member State issuing the visa, English and French). These words shall in principle be entered using a printer and, exceptionally, a specific stamp, in which case the stamp shall also cover part of the rotogravure section whose left or right-hand side delimits the space for integrating the photograph.

4.   Section to be electronically scanned (Section 5)

Both the format of the visa-sticker and that of the electronically scanned section have been decided by the ICAO on the basis of a proposal put forward by the Schengen States. This section is made up of two lines of 36 characters (OCR B-10 cpi). Annex 10 explains how this section is to be filled in.

5.   Other aspects relating to the issue of visas

5.1.   Signing visas

In cases where the law or practice of a Contracting Party requires a hand-written signature, the sticker affixed to the page of the passport shall be signed by the official responsible in this regard.

The signature is placed at the right-hand side of the heading ‘COMMENTS’; part of the signature should extend onto the page of the passport or the travel document, but it must not cover the section to be electronically scanned.

5.2.   Invalidating completed visa stickers:

No changes shall be made to the visa-sticker. If there is a mistake made when the visa is issued then the sticker shall be invalidated;

—	if the mistake is detected on a sticker which has not yet been affixed to the passport, the sticker shall be destroyed or cut diagonally in half,

—	if the mistake is detected after the sticker has been affixed to the passport, the sticker shall have a red cross drawn on it and a new sticker shall be affixed.

5.3.   Affixing visa stickers to passports:

The sticker shall be filled in before being affixed to the passport. The stamp and the signature shall be placed on the sticker once it has been affixed to the passport or travel document.

Once the visa-sticker has been correctly filled in, it shall be affixed to the first page of the passport that is free from any other entries or stamps, other than the identification stamp of the application. Passports which do not have space free for affixing the sticker, passports which have expired and passports which do not authorise exit from the territory before the visa expires, or the alien's return to his/her country of origin or entry into a third country (see Article 13 of the Convention), shall be refused.

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

The criteria for deciding which travel documents may bear a visa, in accordance with the provision of Article 17(3)(a) of the Convention, are listed in Annex 11.

In accordance with Article 14, no visa may be affixed to a travel document if that travel document is not valid for any of the Contracting Parties. If a travel document is only valid for one Contracting Party or for a number of Contracting Parties the visa to be affixed shall be limited to the Contracting Party or Parties in question.

If the travel document is not recognised as valid by one or more Member States, the visa shall have only limited territorial validity. The diplomatic mission or consular post of a Member State must use the uniform format form to affix a visa issued to holders of a travel document not recognised by the Member State that issues the form. Such a visa shall have only limited territorial validity (8).

5.5.   Stamp of the issuing diplomatic mission or consular post

The stamp of the diplomatic mission or consular post issuing the visa shall be affixed in the ‘COMMENTS’ section, with special care to ensure that it does not prevent data from being read, and shall extend beyond the sticker on to the page of the passport or travel document. Only in cases where it is necessary to dispense with the completion of the section to be electronically scanned may the stamp be placed on this section to render it unusable. The size and content of the stamp and the ink to be used shall be determined by the national provisions of the Member State.

To prevent reuse of a visa sticker affixed to a uniform format form, the seal of the issuing consular office shall be stamped to the right, straddling the sticker and the form, in such a way as neither to impede reading of the headings and completion data nor to enter the electronic scanning area if completed (9).

VII.   ADMINISTRATIVE MANAGEMENT AND ORGANISATION

1.   Organisation of visa sections

Each Contracting Party shall be responsible for organising its visa sections.

The heads of the missions or posts shall ensure that the section responsible for issuing visas is organised in such a way as to avoid any type of negligent behaviour which could facilitate theft and falsifications.

—	The staff responsible for issuing visas shall in no way be exposed to local pressure.

—	In order to avoid ‘habits’ being formed which could lead to a decline in the level of vigilance, the officers responsible shall be rotated on a regular basis.

—	The storage and use of visa-stickers shall be the subject of security measures similar to those applied to other documents which require protection.

2.   Filing

Each Contracting Party shall be responsible for filing visa applications, and photographs of applicants in cases where visas are subject to central consultation.

Visa applications shall be kept for at least one year where the visa has been issued and at least five years where the visa has been refused.

In order to make it easier to locate an application, the file and archive references shall be mentioned during consultation and in replies to consultation.

3.   Visa registers

Each Contracting Party shall register visas which have been issued in accordance with national practice. Visa-stickers shall be registered as such.

4.   Fees to be charged corresponding to the administrative costs of processing visa applications  (10)

The fees to be charged corresponding to the administrative costs of processing the visa application are listed in Annex 12.

However, no fees are to be charged for administrative costs for visa applications by nationals of third countries who are members of the family of a European Union citizen or of a national of a State party to the EEA Agreement, exercising their right to free movement.

VIII.   CONSULAR COOPERATION AT A LOCAL LEVEL

1.   Outline of consular cooperation at a local level

On the spot consular cooperation shall, generally speaking, focus on assessing immigration risks. It shall mainly be aimed at determining common criteria for examining files, exchanging information on the use of false documents, on possible illegal immigration routes and on refusing visas where applications are clearly ill-founded or fraudulent. It should also enable the exchange of information on bona fide applicants and on the joint development of information for the general public on the conditions governing Schengen visa applications.

Consular cooperation shall also take account of the local administrative situation and social and economic structure.

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

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

The exchange of information between missions and posts and the identification of applications by means of a stamp or by other means are aimed at preventing the presentation, by the same person, of multiple or successive visa applications, either whilst an application is being examined, or after an application had been refused, by the same mission or post or by a different mission or post.

Without prejudice to the consultation which may take place between the missions and posts and the exchanges of information which they may carry out, the mission or post with whom an application is lodged, shall affix a stamp to each applicant's passport stipulating ‘Visa applied for on ... at ...’. The space following ‘on’ shall be filled in with six figures (two figures for the day, two for the month and two for the year): the second space shall be reserved for the diplomatic mission or consular post concerned. The code for the visa that has been applied for must be added.

The mission or post which receives the application shall decide whether or not to affix a stamp to diplomatic and service passports.

The stamp may also be affixed in the case of applications for long-stay visas.

When a Schengen State is representing another Schengen State, the stamp shall show, after the code of the type of visa requested, the indication ‘R’ followed by the code of the represented State.

Where the visa is issued, the sticker shall, as far as possible, be affixed on top of the identification stamp.

In exceptional circumstances when it is manifestly unfeasible to affix a stamp, the mission or post of the Presidency in office shall inform the relevant Schengen group and submit for the group's approval an alternative proposal, for instance involving the exchange of photocopies of passports or lists of rejected visa applications giving grounds for the refusal.

The heads of the diplomatic missions or posts shall adopt at a local level, and at the initiative of the Presidency, alternative or additional preventative measures, where such measures prove necessary.

3.   Assessment of the applicant's good faith

In order to facilitate the assessment of the applicant's good faith, the diplomatic missions or consular posts may, in accordance with national legislation, carry out an exchange of information on the basis of arrangements concluded at a local level as part of their cooperation, and pursuant to point 1 of this chapter.

Information on the following may be exchanged from time to time: persons whose applications have been refused due to the fact that stolen, lost or falsified documents have been used, or that the date of exit on the previous visa was not respected or that there is a risk to security and in particular there is reason to believe that an attempt is being made to illegally immigrate to the territory of the Contracting Parties.

The information which is jointly exchanged and produced shall serve as a working instrument for assessing visa applications. It shall not, however, replace the actual examination of the visa application nor the search in the Schengen Information System, nor consultation with the requesting central authorities.

4.   Exchange of statistics

4.1

Statistics on short-stay visas, transit visas and airport transit visas that have been issued and on applications for such visas that have been formally rejected shall be exchanged every three months.

4.2

Notwithstanding the obligations laid down in Article 16 of the Schengen Convention, which are clearly formulated in Annex 14 to the Common Consular Instructions and which require the Schengen States to forward within 72 hours details concerning the issue of visas with limited territorial validity, the diplomatic missions and consular representations of the Schengen States shall be instructed to exchange their statistics on visas with limited territorial validity issued the previous month and transmit them to their respective central authorities.

5.   Visa applications processed by private administrative agencies, travel agencies and package tour operators  (11)

The basic rule for visa applications is that there should be the possibility of a personal interview. However, this may be dispensed insofar as, where there is no reasonable doubt as to the good faith of the applicant, the purpose of the journey or the applicant's actual intention of returning to the country of origin, a reputable and solvent entity, organising trips for groups, supplies the diplomatic mission or consular post with the necessary documentation and vouches, with reasonable reliability, for the applicant's good faith, the purpose of the journey and the applicant's actual intention of returning (see part III(4)).

It is both common and useful, particularly in countries with a large surface area, for private administrative agencies, travel agencies, and tour operators and their retailers to act as authorised intermediaries of the applicant. These commercial intermediaries are not uniform in nature as they do not enter into the same degree of commitment in relation to clients entrusting them with the processing of a visa; so that, the degree of solvency and reliability expected of them will, in principle, be directly proportional to their degree of involvement in the overall planning of the journey, accommodation, medical and travel insurance, and their responsibility for the client's return to the country of origin.

5.1.   Types of intermediary

(a)	The simplest type of intermediary are private administrative agencies, where the assistance given to the client involves only the supply of identity and other supporting documents on the client's behalf.

(b)

A second type of commercial entity is that of transport agencies or local travel agencies, in some cases linked to air carriers, whether or not these are flag carriers, involved in scheduled or charter passenger transport. Their assistance to the client includes the supply of supporting documents as well as, where appropriate, ticket sales and hotel reservations.

(c)

A third type of intermediary is constituted by tour organisers or operators, being natural or legal persons organising package tours on a non-occasional basis (preparation of travel documentation, transport, accommodation, other tourist services not ancillary to these elements, medical and travel insurance, internal transfers, etc.) which sell such package tours, or offer them for sale directly or via a retailer or travel agency contractually linked to the tour operator. For the tour operator and the agency retailing the package trip, the visa applicant is no more than the consumer of the arranged trip, with the offer to process the visa application ng part of the arrangement. This third, complex type of intermediary service comprises several phases and facets which can be subject to objective monitoring: business documentation, management, the actual completion and destination of the trip, accommodation and scheduled group entries and exits.

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

(a)

All diplomatic missions and consular posts located in the same city should endeavour to achieve harmonised application at local level of the guidelines set out below based on the type of intermediary role performed by the agencies concerned. Although it is for each diplomatic mission or consular post to decide whether or not to work with agencies, they must retain the option of withdrawing accreditation at any time if experience and the interests of a common visa policy so dictate. If a diplomatic mission or consular post decides to work with an agency, it must adhere to the working practices and procedures set out in this section. — The consular posts of the Member States must be particularly vigilant and will cooperate closely in the evaluation and exceptional accreditation of private administrative agencies. The processing of their visa applications will be subject to meticulous examination, with checks being conducted in every case on the supporting documents of the visa holder and on those relating to the licence and entry in the commercial register of the private agency. — For the evaluation of visa applications lodged by transport agencies or local travel agencies, particular attention must be paid to the circumstances of the applicant and the case-by-case verification of the supporting documents. The consular posts must cooperate closely, reinforcing their respective mechanisms for detecting irregularities in the agencies and in the carriers themselves, and, in support of those mechanisms, irregularities committed by agencies must be notified at the level of local and regional consular cooperation. — The criteria governing the accreditation of travel agencies (tour operators and retailers) will, inter alia, take into account: the current licence, the commercial register, the company statutes, contracts with the banks which they use, up-to-date contracts with Community recipients of tourism services, which must include all the elements of the package trip (accommodation and tour package services), contracts with airlines, which must include outward and guaranteed, fixed return journeys, as well as the required medical and travel insurance. Visa applications lodged by these travel agencies must be carefully scrutinised.

(b)

In the context of local consular cooperation, diplomatic missions and consular posts will also endeavour to harmonise working practices and procedures as well as the criteria for monitoring the proper functioning of private administrative agencies, travel agencies and tour organisers (tour operators and retailers). Such monitoring must at least comprise checks at any time on accreditation documentation, spot checks involving personal or telephone interviews with applicants, verification of trips and accommodation, and, wherever possible, verification of the documents relating to group return.

(c)

There must be an intensive exchange of relevant information on the operation of private administrative agencies, travel agencies and tour organisers (tour operators and retailers): notification of irregularities detected, regular exchanges concerning refused visas, communication of detected forms of travel document fraud and failure to effect scheduled trips. Cooperation with private administrative agencies, travel agencies and tour organisers (tour operators and retailers) must be discussed at the regular meetings organised within the framework of common consular cooperation.

(d)

At the level of local consular cooperation, lists must be exchanged of private administrative agencies, travel agencies and tour organisers (tour operators and retailers) to which accreditation has been given by each diplomatic mission or consular post or from which accreditation has been withdrawn, together with the reasons for any such withdrawal.

(e)	Private administrative agencies, travel agencies and tour organisers (tour operators and retailers) must submit to the diplomatic missions and consular posts to which they are accredited the names of one or two staff authorised as intermediaries to lodge visa applications.

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(1)  Pursuant to Article 138 of the Convention, these provisions shall only apply to the European territory of the French Republic and the Kingdom of the Netherlands.

(2)  In exceptional cases, short-term or transit visas may be issued at the border, pursuant to the conditions defined in part II, point 5 of the Common Manual on External Borders.

(3)  In accordance with Council Decision 2002/585/EC of 12 July 2002 (OJ L 187, 16.7.2002, p. 44): ‘this Decision shall apply from the date of its publication in the Official Journal of the European Communities.’

(4)  These reference amounts shall be fixed according to the arrangements laid down in part I of the Common Manual on External Borders.

(5)  In the case of transit visas, the length of transit shall not exceed 5 days.

(6)  In accordance with Council Decision 2002/586/CE of 12 July 2002 (OJ L 187, 16.7.2002, p. 48): ‘this Decision shall apply from the date of its publication in the Official Journal of the European Communities.’

(7)  In accordance with Council Decision 2002/586/CE of 12 July 2002 (OJ L 187, 16.7.2002, p. 48): ‘this Decision shall apply from the date of its publication in the Official Journal of the European Communities.’

(8)  In accordance with Council Decision 2002/586/CE of 12 July 2002 (OJ L 187, 16.7.2002, p. 48): ‘this Decision shall apply from the date of its publication in the Official Journal of the European Communities.’

(9)  In accordance with Council Decision 2002/586/CE of 12 July 2002 (OJ L 187, 16.7.2002, p. 48): ‘this Decision shall apply from the date of its publication in the Official Journal of the European Communities.’

(10)  In accordance with Council Decision 2002/44/EC of 20 December 2002 (OJ L 20, 23.1.2002, p. 5):

(11)  In accordance with Council Decision 2002/585/EC of 12 July 2002 (OJ L 187, 16.7.2002, p. 44): ‘this Decision shall apply from the date of its publication in the Official Journal of the European Communities.’