32002X1216(03)Common Manual

1.

2.

3.

4.

5.

5a.

6.

6a.

6b.

6c.

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8.

8a.

9.

10.

11.

12.

13.

14.

14a.

14b.

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persons in respect of whom provision is made for the appropriate permits under bilateral agreements on local border traffic, — known in Italy as ‘local border traffic’ or ‘excursion traffic’ (1).

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seamen who go ashore in accordance with point 6.5.2.

1.3.1. (2)

The competent authorities under national law may issue individuals or groups of persons with a special permit enabling them to cross the external border at places other than authorised crossing points or outside the stipulated times:

In all cases, such a permit may be issued only if the person requesting it produces the necessary documents when crossing the border.

1.3.2.

Nationals of the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands shall be authorised to cross, at any point, the borders of the State whose nationality they hold.

1.3.3.

Derogations from the provisions of point 1.2. in connection with local border traffic, known in Italy as ‘local border traffic’ or ‘excursion traffic’, are granted in accordance with the bilateral agreements concluded by the Member States with bordering third States (1).

2.1.

A list, for each country, of the documents recognised as valid for the crossing of external borders and of those which may bear a visa, in the case of aliens subject to the visa requirement, is set out in Annex 4. A list of, and specimen residence permits and return visas, provided for under Article 5(3) of the Convention implementing the Schengen Agreement, are set out in Annex 11.

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uniform visas for stays not exceeding three months,

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transit visas,

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visas of limited territorial validity for stays not exceeding three months,

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visas for stays of over three months.

3.1.1.

A list of States for whose nationals a visa is required by all the Contracting Parties is given in Annex 5. The uniform visa will be issued to the nationals of the States appearing on that list. Aliens subject to a visa requirement by only one Contracting Party must also obtain a uniform visa from that Contracting Party, having regard to the provisions of Article 5(1) of the Convention; this visa will state that the holder is required to hold a visa only by the Contracting Party concerned. Where an alien is required to hold a visa by several Contracting Parties, the uniform visa issued by one of these Contracting Parties in accordance with the provisions of this point (third sentence) will also be valid for the other Contracting Parties requiring the alien to hold a visa.

3.1.2.

A technical description of the stick-in visa is given in Annex 6. Details of how to complete the stick-in visa are set out in Annex 6a. The details to be completed by the Contracting Parties, where necessary, under ‘comments’ are set out in Annex 6b. The instructions on completing details in the optical reading area are given in Annex 6c.

3.1.3.

Specimen stick-in visas with examples of possible endorsements are given in Annex 7.

3.1.4.

The endorsements printed on the stick-in visa are to be in English, French and the respective national languages.

3.2.1.

Visas with limited territorial validity shall be issued by:

3.2.2.

A visa with limited territorial validity is a national visa whose validity is limited to the territory of the State(s) which issued it. This visa does not enable its holder to invoke Article 19 of the Convention for the purposes of staying in the territory of the other Contracting Parties.

3.2.3.

A visa with limited territorial validity shall be identified in a specific manner. A specimen of this type of visa is shown in Annex 8.

3.2.4.

Rules and procedures governing information to be sent by Contracting Parties when issuing visas with limited territorial validity, when cancelling, revoking and reducing the duration of uniform visas and when issuing national residence permits are described in Annex 8a.

3.3.1.

Long-stay visas are national visas. They allow the holder to travel through the territory of the other Contracting Parties only in order to go to the territory of the Contracting Party which issued the visa, unless he fails to meet the conditions for entry laid down in Article 5(1)(a), (d) and (e) of the Convention or if he appears on the national alert list of the Contracting Party through whose territory transit is requested.

3.3.2.

A specimen long-stay visa is shown in Annex 9.

4.1.1.

In order to provide proof or to establish the likelihood of the reasons given for entry, the following may in particular be required:

4.1.2.

Aliens wishing to enter the territory of the Contracting Parties must have sufficient means of subsistence for the expected duration of the stay and for the return journey or transit to a third State. Means of subsistence shall be assessed in accordance with the purpose of the stay and by reference to average prices for board and lodging. The reference amounts set each year by each of the Contracting Parties are shown in Annex 10.

The presumption of sufficient means of subsistence will be based, for example, on the cash, travellers' cheques, credit cards, and the appropriate number of Eurocheques supported by a Eurocheque card and statements in respect of guarantees in the alien's possession.

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the alien has been convicted of an offence carrying a custodial sentence of at least one year,

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there are serious grounds for believing that the alien has committed serious offences, including those referred to in Article 71 of the Convention, or that he intends to commit such offences in the territory any of the Contracting Parties,

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the alien has been the subject of a deportation, removal or expulsion measure and the measure is accompanied by an actual prohibition on entry or residence or entails such a prohibition.

1.1.1.

Checks at external borders are to be carried out by officers of the border police forces or of the services of the Contracting Parties responsible in accordance with national law for border police duties.

These services are:

1.1.2.

When carrying out these duties, officers are vested with the powers of border police and the powers to instigate criminal proceedings conferred on them by national law.

1.2.1.

Checks on movements at external borders will cover:

1.2.2.

The principle of proportionality must be complied with in the performance of border police duties.

1.3.1.

the minimum check referred to in Article 6(2)b of the Convention which is intended to establish a person's identity, consists of an identity check on the basis of the travelling documents produced or presented and in rapid and straightforward verification of the validity of the document authorising the holder to cross the border and of the presence of signs of falsification or counterfeiting.

1.3.2.

the thorough check referred to in Article 6(2)c involves, in addition to the basic check:

1.3.3.

Without prejudice to the provisions of points 1.3.5.1, 1.3.5.2 and 1.3.5.3, all persons shall be subject to a minimum check upon entry and exit.

As a general rule, aliens shall be subject to a thorough check on entry and exit.

1.3.4.

Nationals of the Member States of the European Community shall be subject to random thorough checks on entry and on exit in certain cases where there is reason to believe that the persons concerned might compromise public policy, national security or health.

1.3.5.

Checks at land borders may be relaxed as a result of special circumstances. This will be the case, in particular, where the intensity of traffic results in excessive delay in the time taken to reach checking posts, and all resources have been exhausted as regards staff, facilities and organisation.

1.4.1.

The decision to refuse entry is to be substantiated and will be effective immediately (or, where appropriate, on expiry of the time limit laid down by national law), whereby an alien who does not fulfil the conditions for entry laid down in Article 5 of the Convention is not allowed to enter the territory any of the Contracting Parties or to stay there. The alien must acknowledge receipt of the decision. The decision is taken by the authority empowered to do so by national law which shall state the procedures for appeal where these exist.

1.4.1a

When refusing entry, the checking officer will affix an entry stamp on the passport, cancelled by an indelible cross in black ink.

1.4.2.

Officers responsible for checks will ensure that an alien refused entry does not enter the territory of the Contracting Party or, if he has already entered it, leaves immediately.

1.4.3.

If an alien, refused entry, has been brought to the border by a carrier by air, sea or land, the authority responsible locally must order that carrier to assume responsibility for the alien without delay. The carrier may be made to bear the costs of lodging, maintenance and the return journey. The authority responsible locally must order the alien to be transported to the third State from which he was brought, to the third State which issued the document authorising him to cross the border, or to any other third State where he is guaranteed admittance. If the carrier cannot comply with the onward transportation order immediately, he must ensure that another carrier effects immediate transportation to a third State. Pending onward transportation, the authority responsible locally is required, in compliance with national law and having regard to local circumstances, to take appropriate measures in order to prevent aliens refused entry from entering illegally (e.g. by keeping them in the international area of the airport, prohibiting them from going ashore in ports or keeping them in a detention centre).

1.4.4.

Where the officer responsible for checks notes that the holder of a short-stay visa has been the subject of an alert in the SIS for the purposes of being refused entry, he shall cancel the visa by applying a stamp stating ‘CANCELLED’. He must inform his central authorities of this decision forthwith.

If the holder of a short-stay visa is refused entry, the provisions laid down in point 1.4.1(a) must be applied.

1.4.5.

Any refusal of entry must be recorded in a register or on a list stating identity, nationality, the references of the document authorising the alien to cross the border and the reason for and date of refusal of entry.

1.4.6.

If there are grounds both for refusing an alien entry and arresting him, the judicial authorities responsible must be contacted to decide on the action to be taken in accordance with national law.

1.4.7. (3)

Specific arrangements for persons entitled under Community law (citizens of the European Union, nationals of States parties to the Agreement on the European Economic Area and nationals of the Swiss Confederation, and members of their families) are described in points 6.1.1 to 6.1.4.

The provisions of points 1.4.2, 1.4.5 and 1.4.6 shall also apply to citizens of the European Union, nationals of States parties to the Agreement on the European Economic Area and nationals of the Swiss Confederation.

In addition to the provisions mentioned in the second subparagraph, the provisions of points 1.4.1(a), 1.4.3, 1.4.4, 1.4.8 (subject to the provisions of point 6.1.4) and 1.4.9 shall also apply to members of the families of citizens of the European Union, nationals of States parties to the Agreement on the European Economic Area and nationals of the Swiss Confederation, who are not nationals of one of those States.

1.4.8.

If an alien who does not fulfil the conditions for entry given in Article 5(1) of the Convention invokes the provisions of Article 5(2) of the Convention and requests entry and transit by the external border of a Contracting Party other than the one which has agreed, by way of exception to allow him to reside there, he must be sent back and allowed to present himself at the external border of the latter Contracting Party, for the purpose of entering its territory.

1.4.9.

If, in addition to a valid travel document, an alien is in possession of a residence permit or a return visa or, where appropriate, both these documents, issued by one of the Contracting Parties, as provided for in Annex 11, he must be authorised to enter and pass through so that he can reach the territory of that Contracting Party, unless an alert has been entered on this alien in the national list of the Contracting Party at whose external border he requests entry and where that alert does not specify action to be taken to prevent entry and transit.

2.1.1.

When the territory of a Contracting Party is entered, a stamp shall be affixed to:

No entry stamp shall be affixed to the documents of nationals of the Member States of the European Community.

2.1.2.

The exit stamp shall be placed on documents authorising an alien to cross the border which contain a multiple-entry visa with a restriction on the total length of stay.

2.1.3.

Upon initial entry, the stamp must, if possible, be affixed so that it covers the edge of the visa without affecting the legibility of the indications on the visa or the security features of the stick-in visa. If several stamps have to be inserted (for example in the case of a multiple-entry visa), this shall be done on the page facing the one on which the visa is affixed.

If that page cannot be used, the stamp will be entered on the following page.

2.1.4.

Different shaped stamps (rectangular for entry, rectangular with rounded corners for exit) will be used to certify entry and exit. These stamps will contain the letter(s) identifying the State, the name of the border post, the date, the serial number and a pictogram indicating the type of border crossed (land, sea or air).

2.1.5.

Entry and exit stamps shall not be affixed:

2.1.6.

Exceptionally, at the request of an alien, insertion of an entry or exit stamp may be dispensed with if insertion might cause serious difficulties for that person. In that case, entry or exit must then be recorded on a separate sheet indicating the name and passport number.

2.2.1.

The main purpose of surveillance of external borders at places other than border crossing points and surveillance of these crossing points outside opening times is to prevent unauthorised border crossings, to counter cross-border criminality and to apply or to take measures against individuals who have crossed the border illegally.

2.2.2.

Such surveillance shall be carried out in accordance with police tactical criteria, by appropriate numbers of staff for the situation in hand. It will involve frequent and sudden changes to surveillance periods, so that unauthorised border crossings will be an ongoing risk.

2.2.3.

Surveillance shall be carried out by mobile units which perform their duties by patrolling or stationing themselves at places known or perceived to be sensitive, the aim of such surveillance being to apprehend individuals crossing the border illegally. Surveillance may also be carried out by technical means, including electronic means.

2.2.4.

The resources used shall be selected in accordance with the conditions of intervention and in particular in accordance with the type and nature of the border (land, inland waterway or sea).

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the names of the official responsible locally for border checks and of the other officers in each team,

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relaxation of checks on persons applied in accordance with point 1.3.5,

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the issuing of documents in place of passports and of visas or permits issued at the border,

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persons apprehended and complaints (criminal offences and administrative breaches),

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persons refused entry or exit (number and nationalities),

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other particularly important police or judicial measures,

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particular occurrences.

3.1.1.

To ensure effective checks on persons, while ensuring the safety and smooth flow of road traffic, movements at border crossing points must be regulated in an appropriate manner. In case of need, measures to channel and block traffic will be taken in compliance with the agreements on colocated national control offices.

3.1.2.

As a general rule, persons travelling in vehicles may remain inside them during checks. Checks must in principle be made outside the checkpoint kiosk, beside the vehicle. Thorough checks will have to take place, if local circumstances allow, beside the highway in areas designated for that purpose. In the interests of staff safety, checks will be carried out where possible by two officers with responsibility for border checks and surveillance or by customs officers.

3.1.3.

In the event of heavy traffic, bus passengers on regular local lines must be checked first where the local situation allows.

3.2.1.

The authorities responsible for border checks and surveillance must ensure that train passengers and railway staff, including those crossing external borders on goods trains or empty trains are checked in accordance with the provisions of Part II, points 1.2, 1.3 et seq.

3.2.2.

Controls on rail traffic may be carried out in the following two ways:

When carrying out these controls, the provisions of agreements on colocated national control offices should be taken into account.

3.2.2a

1.

To facilitate rail traffic flows of high-speed passenger trains, the States directly affected by the transit of trains may decide, by common agreement, to carry out the controls either in the stations of destination, and/or on board the train during transit between these stations, provided that the passengers stay on board the train in the previous station/stations.

2.

With respect to trains from third States making several stops in the territory of the Contracting Parties, if the rail transport carrier is in a position to board passengers exclusively for the remaining part of the journey within Schengen territory, such passengers shall be subject to entry controls at the station of destination, or on the train if the State, in which the station of destination is situated, has given its agreement in accordance with the previous sentence and as a result, is carrying out entry controls.

3.

Passengers who want to take the train in the circumstances described under point 2 on the territory of the Contracting Parties should receive clear notification prior to the train's departure that they might be subject to personal controls during the journey or at the station of destination.

3.2.3.

The official responsible for checks locally may order the cavities of cars to be inspected sporadically or for specific reasons, if necessary with the assistance of the train inspector, to ensure that persons or objects subject to border police checks are not concealed in them. The officer carrying out the checks shall operate on the basis of his national responsibilities.

Where there are reasons to believe that persons who have been reported or suspected of having committed an offence, or aliens intending to enter illegally, are hiding on a train, the checking officer, if he cannot act in accordance with his national provisions, shall notify the Contracting Parties within whose territory the train is moving.

3.2.4.

In the case of persons travelling in sleeper or couchette compartments, the documents enabling them to cross the border shall normally be checked in the compartment of the attendant, provided that he has collected these documents in compliance with the rules applicable to him and that he keeps them available for checks. At the beginning of the check the existence of the documents enabling all the passengers to cross the border must be verified by comparing these documents with the occupancy and/or booking list. The identity of the persons in the compartments must be verified, if possible in the presence of the attendant, at irregular intervals or where specific reasons exist.

3.3.1. (5)

The place where persons and hand baggage are checked will be determined in accordance with the following procedure:

3.3.2.

Checks on persons shall not normally be carried out on the aircraft. In order to ensure that passengers may be checked in accordance with the provisions of Part II, points 1 and 2, at the airports designated as authorised border crossing points, passenger traffic should be channelled, in agreement with the airport authorities and the transport undertaking, to facilities reserved for checks. The airport authority must take the necessary measures to prevent unauthorised persons from entering or leaving restricted areas, such as the transit area, for instance.

3.3.3.

Special provisions for checks on the members of aircraft crews are set out in Part II, point 6.4.2.

3.3.4.

Where, in cases of force majeure, imminent danger, or on the instructions of the authorities, an aircraft on an international flight has to land on a landing ground which is not an authorised border crossing-point, that aircraft may continue its flight only after authorisation from the authorities responsible for border checks and surveillance and from customs. The same shall apply where a foreign aircraft lands without permission. The rules set out in Part II, points 1 and 2, shall apply to checks on aircraft passengers.

3.3.5.

The arrangements for the entry and exit of:

shall be laid down by national law and, where applicable, by bilateral agreements.

3.3.6.1.

It is necessary to ensure that, in accordance with the rules set out in Part II, points 1 and 2, the means to check passengers also exists in aerodromes, i.e. airports which do not hold the statue of international airport under the competent national law, but through which the routing of international flights is authorised.

3.3.6.2.

In general it shall not be necessary to make necessary arrangements in aerodromes to ensure that inflows of passengers from internal and international flights are physically separated. When the volume of traffic is low, the checking officers need not be present at all times, provided that there is a guarantee that the necessary personnel can be deployed in good time.

3.3.6.3.

When the presence of the checking officers is not assured at all times in the aerodrome, the director of this aerodrome is required to give adequate notice to the authorities responsible for carrying out border checks about the arrival and the departure of internationally-routed airplanes. Calling in auxiliary police officers is authorised, provided that this is permissible under national law.

3.3.7.

In order to prevent dangers, checks must be carried out, in airports and aerodromes, on passengers on internal flights, where uncertainty exists whether such passengers are exclusively coming from, or solely bound for, the territories of the Contracting Parties without landing on the territory of a third State.

3.4.1.1.

‘Maritime traffic’ means all shipping for business purposes between two or more ports or moorings, with the exclusion of regular ferry services, pleasure boating, coastal fisheries and inland waterway transport.

3.4.1.2.

Under the international provisions regulating maritime traffic, ‘passenger’ means any person on board a vessel who is not a member of the crew.

3.4.1.3.

‘Crew’ means the persons whose names appear on the crew list and who have been employed in order to carry out activities on board the vessel directly linked to shipping.

3.4.1.4.

‘Shipowner's agent’ means 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.

3.4.1.5.

‘Scheduled ferry service’ means all services exclusively from or to other ports situated in the territory of the Contracting Parties, which do not call at ports situated outside the territory of the Contracting Parties and which carry persons and vehicles in accordance with a scheduled timetable.

3.4.1.6.

‘Cruise ship’ means a ship which follows a given itinerary in accordance with a predetermined programme, whose passengers take part in a collective programme of tourist activities in the various ports and which normally neither takes passengers on nor allows passengers to disembark during the voyage.

3.4.1.7.

‘Pleasure boating’ means the use of pleasure boats equipped with sails and/or an engine for private use which are used for sporting or tourism purposes.

3.4.1.8.

‘Coastal fisheries’ means fishing carried out with the aid of vessels which return every day or after a few days to a port situated in the territory of a Contracting Party without calling at a port situated in a third State.

3.4.2.1.

Checks shall normally be carried out at the port of arrival or departure, on board ship or in an area set aside for the purpose, located in the immediate vicinity of the port.

In accordance with the agreements reached on the matter, checks may also be carried out during crossings or, upon the ship's arrival or departure, in the territory of a third State.

3.4.2.2.

The purpose of checks is to ensure that both crew and passengers fulfil the conditions laid down in Part II, points 1 and 2.

3.4.2.3.

In the event of special circumstances as defined in 1.3.5, checks on shipping traffic may be relaxed.

In the case of very heavy traffic and where it proves impossible, despite the mobilisation of all staff and organisational resources, to check all passengers, officers may carry out spot checks, in accordance with the priorities that correspond to the specific situation, as established by the official responsible locally. In such cases, entry checks shall normally take priority over exit checks.

3.4.2.4.

Checks on crew members shall be carried out in accordance with the provisions of Part II, points 6.5 et seq.

3.4.3.1.

The ship's captain, or failing that the shipowner's agent representing the shipping company, shall draw up a list, in duplicate, of the crew and, if possible, of the passengers and upon arriving in the port shall give it to the officers responsible for checks, which shall be carried out on board ship or nearby. If, for reasons of force majeure this list cannot be sent to the officers carrying out checks, a copy must be sent to the appropriate border post or shipping authority, which will see that it is forwarded without delay to the authorities empowered to carry out border checks.

As regards scheduled ferry services, the ship's captain or, in his place, the shipowner's agent representing the shipping company shall not be required to draw up a passenger list.

3.4.3.2.

One copy of the two lists duly signed by the checking officer shall be returned to the ship's captain who must be able to produce it on request when in port.

3.4.3.3.

The ship's captain, or failing that the shipowner's agent must report promptly any changes to the composition of the crew or the number of passengers.

3.4.3.4.

In addition, the captain is required to notify the competent authorities promptly, and if possible even before the ship enters port, of the presence on board of stowaways. Stowaways shall, however, remain under the responsibility of the ship's captain.

3.4.3.5.

The ship's captain, or failing that the shipowner's agent, must notify the border authorities of the ship's departure in good time and in accordance with the rules in force in the port concerned; if he is unable to notify these authorities, he must advise the appropriate shipping authority. The second copy of the previously completed and signed list(s) shall be returned to these authorities.

3.4.4.1.

Passengers and crew on board ferries providing scheduled services as referred to in point 3.4.1.5 shall not normally be checked.

3.4.4.2.

If a cruise ship calls in succession at several ports situated in the territory of the Contracting Parties without calling at a port situated outside this territory, checks shall normally be carried out only at the first and last port situated within the territory of the Contracting Parties.

3.4.4.3.

As a general rule, checks on persons on board pleasure boats from a third State shall be carried out upon entering and upon exiting a port which is an authorised border crossing-point of the territory of the Contracting Parties.

However, where a pleasure boat wishes, exceptionally, to enter a port which is not an authorised border crossing-point, the authorities responsible for checks must be notified if possible before the vessel enters the port, and in any event upon its arrival. The declaration regarding passengers shall be made by lodging the list of persons on board ship with the local authorities. This list shall be made available to the authorities responsible for carrying out checks.

Each Contracting Party may require pleasure boats from a third State to dock in an authorised port of entry in which checks are carried out on the persons on board.

During these checks, a document containing all the technical characteristics of the vessel and the names of the persons on board shall be handed in.

A copy of this document will be given to the authorities in the first authorised port of entry, and another copy to the authorities in the last authorised port before departure to a third State. As long as the vessel remains in the territorial waters of one of the Contracting Parties, a copy of this list must be included amongst the ship's papers.

If for reasons of force majeure the vessel has to dock in another port, the authorities in the nearest authorised port of entry must be contacted.

3.4.4.4.

The crews of coastal fisheries vessels who return every day or nearly every day to the port of registration or to any other port situated in the territory of the Contracting Parties without docking in a port situated in the territory of a third State shall not normally be checked. If, however, the coastline of a third State is located in the immediate vicinity of the territory of a Contracting Party, spot checks should be carried out in order to combat clandestine immigration. This provision shall apply to persons on game fishing trips who occasionally spend a day on board vessels for this purpose.

The crews of coastal fisheries vessels not registered in a port situated in the territory of a Contracting Party shall be checked in accordance with the provisions of points 3.4.2 and 6.5.

The ship's captain or, failing that the shipowner's agent representing the shipping company, is required to notify the appropriate authorities of any alteration to the crew list and of the presence of any passengers.

(a)

a distinction should be drawn between the controls carried out on aliens and the controls carried out on EU/EEA nationals, who are only subject to minimum checks. Where possible, the necessary construction work should be undertaken to ensure this;

(b)

ferry passengers without their own mode of transport (foot passengers) shall be controlled individually;

(c)

controls on vehicle occupants shall be carried out while they are at the vehicle;

(d)

ferry passengers travelling by coach are to be considered as foot passengers. These passengers shall alight from the coach for the controls;

(e)

controls on heavy goods vehicle drivers and any accompanying persons shall be conducted while the occupants are at the vehicle. It is recommended that specific customs clearance arrangements be provided for this, separate from the other passengers;

(f)

so that the controls can be completed swiftly there should be an adequate number of control bays, and where appropriate a second line of controls should be organised;

(g)

so as to detect illegal immigrants in particular, random checks should, at the very least, be made on the vehicles used by the passengers, and where applicable on the loads and other goods stowed in the vehicle;

(h)

ferry crew members will be dealt with in the same way as commercial ship crew members.

3.5.1.

Inland waterways shipping involving the crossing of an external border covers the use, for business or pleasure purposes, of all types of boat and floating vessels on rivers, canals and lakes.

3.5.2.

As regards boats used for business purposes, the captain and the persons employed on board who appear on the crew list and members of the families of these persons who live on board shall be regarded as crew members or equivalent.

3.5.3.

The relevant provisions of point 3.4.1 and the provisions of points 3.4.2, 3.4.3 and 3.4.4 shall apply.

between central services:

between central services and, if the need arises, between check posts:

Depending on its nature, information will be sent between central or local national services by the following means:

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he holds a valid document authorising him to cross the border (see Annex 4),

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he fulfils the conditions for entry laid down in Article 5(1)(a),(c),(d) and (e) of the Convention,

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he claims an unforeseeable and pressing reason for entry, backed where possible by a supporting document (for example, serious and sudden occurrences involving family members, medical treatment, change of destination of aircraft for technical reasons or weather conditions, urgent professional reasons), and

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return to his country of origin or onward passage to a third State is assured.

5.1.

An alien who applies for a transit visa at the border for the territory of the Contracting Parties must comply with the conditions laid down in point 5 and must be in possession of the visas required to continue his journey to other States of transit, which are not Contracting Parties, and in the State of destination. The duration of passage through the territory of the Contracting Parties may not exceed five days. It must allow for direct transit through the territory of the Contracting Party or Parties concerned, including the inevitable or customary interruptions for this type of journey.

5.2.

Visas shall be issued by affixing a stamp or a sticker on the travel document which may bear a visa. If there is not sufficient space in this document, the stamp or sticker shall be affixed, by way of exception, on a separate sheet inserted in the document. Specimen separate sheets are shown in Annex 12.

5.3.

Conditions for the issue of uniform visas at the border are shown in Annex 14.

5.4.

The fees to be charged for the issue of visas are shown in Annex 14a.

5.5.

The list of visas subject to prior consultation with the central authorities, in accordance with Article 17(2) is shown in Annex 14b.

5.6.

Visas issued at the border should be recorded on a list.

6.1.1.

In order to enter the territory of the Contracting Parties, nationals of the Member States of the European Community must hold a valid document enabling them to cross the border as provided for in Annex 4, but shall be exempt from the visa requirement.

6.1.2.

Aliens who under Community law enjoy freedom of movement as family members of nationals of Member States but who, because of their nationality, are subject to the requirement for a visa to enter the territory of the Contracting Parties shall remain subject to this requirement. This will not affect the possibility referred to in point 6.2, of entering without a visa being required.

Family members entitled to freedom of movement are:

6.1.3.

A national of a Member State of the European Community who holds the document required to cross the border can be refused entry to the territory of a Contracting Party other than the one whose nationality he holds only if he is likely to jeopardise public policy, national security (or public health). The national lists of wanted persons may be consulted for this purpose and may result in entry being refused.

If in such a case, the official responsible for carrying out checks refuses to allow a national of a Member State of the European Community to enter the territory of a Contracting Party, he shall give him written notification thereof, setting out the reasons for refusal.

6.1.4.

Apart from the cases relating to the absence of the necessary documents referred to in point 6.1.2, the aliens referred to in that point can be refused entry only on specific grounds related to public policy, national security or public health. Flexibility must be shown in taking decisions on issuing visas at the border to family members of nationals of Member States of the European Community who are entitled to freedom of movement although subject to the requirement for a visa.

As regards refusing entry, the provisions laid down in point 1.4.1 shall be applied in accordance with national law.

6.3.1.

The travel document for refugees, issued pursuant to the Convention on the Status of Refugees of 28 July 1951 (Geneva Convention on Refugees), shall be accepted as a document enabling the holder to cross borders.

The visa arrangements for the holders of a travel document for refugees shall be regulated by national law. However, the following special rules must be complied with:

6.3.2.

The travel document for Stateless persons, issued pursuant to the Convention on the Status of Stateless Persons of 28 September 1954, shall be accepted as a document enabling the holder to cross the border with the exception of entry to the territory of the Portuguese Republic.

Holders of a travel document for Stateless persons shall be subject to the requirement for an entry visa unless they hold a residence permit issued by one of the Contracting Parties.

6.4.1.

The holders of a pilot's licence or a crew member certificate as provided for in Annex 9 to the Civil Aviation Convention of 7 December 1944 are exempt from the requirement for a passport and a visa provided that in the course of their duties:

6.4.2.

The provisions of Part II, points 1.3 et seq., regulate checks on aircraft crew.

Wherever possible, priority must be given to checks on aircraft crews. Specifically, they shall be checked either before passengers or at special locations set aside for the purpose. Crews known to staff responsible for checks in the performance of their duties may be subject to random checks only.

6.5.1.

‘Seamen’ means crews as defined in point 3.4.1.3.

6.5.2.

Seamen holding a seaman's book or a seafarer's identity document (issued in accordance with the Geneva Convention of 13 May 1958) may, in accordance with the provisions of the London Convention of 9 April 1965 and national provisions, go ashore to stay in the area of the port where their ships call or in the adjacent municipalities without presenting themselves at a border crossing-point, on condition that they appear on the crew list, which has previously been submitted for checking, of the ship they belong to and that they hold a visa. If a sailor constitutes a threat to public policy or national security, he may be refused permission to go ashore.

6.5.3.

Seamen who intend to stay outside the municipalities situated in the vicinity of ports must comply with the conditions for entry to the territory of the Contracting Parties and, in particular, must hold a valid travel document bearing a visa where appropriate and have sufficient means of subsistence.

6.5.4.

Without prejudice to the provisions laid down in Part I, points 1 et seq., holders of a seaman's book or a seafarer's identity document may be authorised to enter the territory of the Contracting Parties only in the circumstances set out below:

In such cases, officers responsible for border checks shall conduct the necessary verification to ensure that entry checks have not been circumvented following relaxation of the requirement applied to this category of persons.

Such verification may take any of the following forms:

6.7.1.

The status of cross-border workers shall be determined by the national law of the Contracting Parties.

6.7.2.

The procedures for checking cross-border workers are governed by the provisions for checks on aliens. Checks may be relaxed in accordance with point 1.3.5.3.

6.8.1.

Minors crossing the border shall be subject to the same checks as adults, even where they are accompanied by persons having parental care over them.

Staff carrying out checks must pay particular attention to minors travelling unaccompanied. They must ensure wherever possible that minors do not leave the territory against the wishes of the persons having parental care over them.

(…) (6).

6.9.1.

The intensity of checks to which group trip participants are subject will normally depend on their nationality.

6.9.2.

In particular cases, such as for example school trips or groups of retired people or pilgrims, checks may be restricted to verification on the basis of the occupancy list or spot checks on travellers. Whatever the situation, normal procedure shall apply to checks on the group leader.

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United Nations laissez-passer issued to staff of the United Nations and subordinate agencies under the Convention on Privileges and Immunities of Specialised Agencies adopted by the United Nations General Assembly on 21 November 1947 in New York,

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laissez-passer issued by the High Authority of the European Coal and Steel Community (ECSC),

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European Economic Community (EEC) laissez-passer,

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European Atomic Energy Community (Euratom) laissez-passer,

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legitimacy certificate issued by the Secretary-General of the Council of Europe,

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documents issued by a NATO Headquarters (military ID card accompanied by a travel order, travel warrant, or an individual or group service order).