Regulation (EC) No 810/2009 of the European Parliament and of the CouncilShow full title

ANNEX I

ANNEX II Non-exhaustive list of supporting documents

The supporting documents referred to in Article 14, to be submitted by visa applicants may include the following:

A.

DOCUMENTATION RELATING TO THE PURPOSE OF THE JOURNEY

1.

for business trips:

(a)

an invitation from a firm or an authority to attend meetings, conferences or events connected with trade, industry or work;

(b)

other documents which show the existence of trade relations or relations for work purposes;

(c)

entry tickets for fairs and congresses, if appropriate;

(d)

documents proving the business activities of the company;

(e)

documents proving the applicant’s employment status in the company;

2.

for journeys undertaken for the purposes of study or other types of training:

(a)

a certificate of enrolment at an educational establishment for the purposes of attending vocational or theoretical courses within the framework of basic and further training;

(b)

student cards or certificates of the courses to be attended;

3.

for journeys undertaken for the purposes of tourism or for private reasons:

(a)

documents relating to accommodation:

• an invitation from the host if staying with one,

• a document from the establishment providing accommodation or any other appropriate document indicating the accommodation envisaged;

(b)

documents relating to the itinerary:

• confirmation of the booking of an organised trip or any other appropriate document indicating the envisaged travel plans,

• in the case of transit: visa or other entry permit for the third country of destination; tickets for onward journey;

4.

for journeys undertaken for political, scientific, cultural, sports or religious events or other reasons:

• invitation, entry tickets, enrolments or programmes stating (wherever possible) the name of the host organisation and the length of stay or any other appropriate document indicating the purpose of the journey;

5.

for journeys of members of official delegations who, following an official invitation addressed to the government of the third country concerned, participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of a Member State by intergovernmental organisations:

• a letter issued by an authority of the third country concerned confirming that the applicant is a member of the official delegation travelling to a Member State to participate in the abovementioned events, accompanied by a copy of the official invitation;

6.

for journeys undertaken for medical reasons:

• an official document of the medical institution confirming necessity for medical care in that institution and proof of sufficient financial means to pay for the medical treatment.

B.

DOCUMENTATION ALLOWING FOR THE ASSESSMENT OF THE APPLICANT’S INTENTION TO LEAVE THE TERRITORY OF THE MEMBER STATES

1.

reservation of or return or round ticket;

2.

proof of financial means in the country of residence;

3.

proof of employment: bank statements;

4.

proof of real estate property;

5.

proof of integration into the country of residence: family ties; professional status.

C.

DOCUMENTATION IN RELATION TO THE APPLICANT’S FAMILY SITUATION

1.

consent of parental authority or legal guardian (when a minor does not travel with them);

2.

proof of family ties with the host/inviting person.

ANNEX III UNIFORM FORMAT AND USE OF THE STAMP INDICATING THAT A VISA APPLICATION IS ADMISSIBLE

a Code of the Member State examining the application. The codes as set out in Annex VII point 1.1 are used.
b Date of application (eight digits: xx day, xx month, xxxx year).
c Authority examining the visa application.
… visa …a
xx/xx/xxxxb	…c
Example:
C visa FR
22.4.2009	Consulat de France
Djibouti

The stamp shall be placed on the first available page that contains no entries or stamps in the travel document.

ANNEX IV Common list of third countries listed in Annex I to Regulation (EC) No 539/2001, whose nationals are required to be in possession of an airport transit visa when passing through the international transit area of airports situated on the territory of the Member States

• AFGHANISTAN

• BANGLADESH

• DEMOCRATIC REPUBLIC OF THE CONGO

• ERITREA

• ETHIOPIA

• GHANA

• IRAN

• IRAQ

• NIGERIA

• PAKISTAN

• SOMALIA

• SRI LANKA

ANNEX V LIST OF RESIDENCE PERMITS ENTITLING THEIR HOLDERS TO TRANSIT THROUGH THE AIRPORTS OF MEMBER STATES WITHOUT BEING REQUIRED TO HOLD AN AIRPORT TRANSIT VISA

• ANDORRA:

  • Tarjeta provisional de estancia y de trabajo (provisional residence and work permit) (white). These are issued to seasonal workers; the period of validity depends on the duration of employment, but never exceeds six months. This permit is not renewable,

  • Tarjeta de estancia y de trabajo (residence and work permit) (white). This permit is issued for six months and may be renewed for another year,

  • Tarjeta de estancia (residence permit) (white). This permit is issued for six months and may be renewed for another year,

  • Tarjeta temporal de residencia (temporary residence permit) (pink). This permit is issued for one year and may be renewed twice, each time for another year,

  • Tarjeta ordinaria de residencia (ordinary residence permit) (yellow). This permit is issued for three years and may be renewed for another three years,

  • Tarjeta privilegiada de residencia (special residence permit) (green). This permit is issued for five years and is renewable, each time for another five years,

  • Autorización de residencia (residence authorisation) (green). This permit is issued for one year and is renewable, each time for another three years,

  • Autorización temporal de residencia y de trabajo (temporary residence and work authorisation) (pink). This permit is issued for two years and may be renewed for another two years,

  • Autorización ordinaria de residencia y de trabajo (ordinary residence and work authorisation) (yellow). This permit is issued for five years,

  • Autorización privilegiada de residencia y de trabajo (special residence and work authorisation) (green). This permit is issued for 10 years and is renewable, each time for another 10 years.

• CANADA:

  • Permanent resident card (plastic card).

• JAPAN:

  • Re-entry permit to Japan.

• SAN MARINO:

  • Permesso di soggiorno ordinario (validità illimitata) (ordinary residence permit (no expiry date)),

  • Permesso di soggiorno continuativo speciale (validità illimitata) (special permanent residence permit (no expiry date)),

  • Carta d’identità de San Marino (validità illimitata) (San Marino identity card (no expiry date)).

• UNITED STATES OF AMERICA:

  • Form I-551 permanent resident card (valid for 2 to 10 years),

  • Form I-551 Alien registration receipt card (valid for 2 to 10 years),

  • Form I-551 Alien registration receipt card (no expiry date),

  • Form I-327 Re-entry document (valid for two years — issued to holders of a I-551),

  • Resident alien card (valid for 2 or 10 years or no expiry date. This document guarantees the holder’s return only if his stay outside the USA has not exceeded one year),

  • Permit to re-enter (valid for two years. This document guarantees the holder’s return only if his stay outside the USA has not exceeded two years),

  • Valid temporary residence stamp in a valid passport (valid for one year from the date of issue).

ANNEX VI

ANNEX VII FILLING IN THE VISA STICKER

1. Mandatory entries section

1.1. ‘VALID FOR’ heading:

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

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

(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):

BE

BELGIUM

CZ

CZECH REPUBLIC

DK

DENMARK

DE

GERMANY

EE

ESTONIA

GR

GREECE

ES

SPAIN

FR

FRANCE

IT

ITALY

LV

LATVIA

LT

LITHUANIA

LU

LUXEMBOURG

HU

HUNGARY

MT

MALTA

NL

NETHERLANDS

AT

AUSTRIA

PL

POLAND

PT

PORTUGAL

SI

SLOVENIA

SK

SLOVAKIA

FI

FINLAND

SE

SWEDEN

IS

ICELAND

NO

NORWAY

CH

SWITZERLAND

1.2. When the sticker is used to issue a uniform visa this heading is filled in using the words ‘Schengen States’, in the language of the issuing Member State.

1.3. When the sticker is used to issue a visa with limited territorial validity pursuant to Article 25(1) of this Regulation this heading is filled in with the name(s) of the Member State(s) to which the visa holder’s stay is limited, in the language of the issuing Member State.

1.4. When the sticker is used to issue a visa with limited territorial validity pursuant to Article 25(3) of this Regulation, the following options for the codes to be entered may be used:

(a)

entry of the codes for the Member States concerned;

(b)

entry of the words ‘Schengen States’, followed in brackets by the minus sign and the codes of the Member States for whose territory the visa is not valid;

(c)

in case the ‘valid for’ field is not sufficient for entering all codes for the Member States (not) recognising the travel document concerned the font size of the letters used is reduced.

2. ‘FROM ... TO’ heading:

This heading indicates the period of the visa holder’s stay as 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 digits, the first of which is a zero if the day in question is a single digit,

• horizontal dash,

• the month is written using two digits, the first of which is a zero if the month in question is a single digit,

• horizontal dash,

• the year is written using two digits, which correspond with the last two digits of the year.

For example: 05-12-07 = 5 December 2007.

The date of the last day of the period of the visa holder’s authorised stay is entered after the word ‘TO’ and is written in the same way as the first date. The visa holder must have left the territory for which the visa is valid by midnight on that date.

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, i.e. it refers to the number of periods of stay which may be spread over the entire period of validity, see 4.

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

When a multiple airport transit visa is issued pursuant to Article 26(3) of this Regulation, the visa’s validity is calculated as follows: first date of departure plus six months.

The visa is no longer valid when the total number of exits made by the visa holder equals the number of authorised entries, even if the visa holder has not used up the number of days authorised by the visa.

4. ‘DURATION OF VISIT ... DAYS’ heading:

This heading indicates the number of days during which the visa holder may stay in the territory for which the visa is valid. This stay may be continuous or, depending on the number of days authorised, spread over several periods between the dates mentioned under 2, bearing in mind the number of entries authorised under 3.

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

The maximum number of days that may be entered under this heading is 90.

When a visa is valid for more than six months, the duration of stays is 90 days in every six-month period.

5. ‘ISSUED IN ... ON …’ heading:

This heading gives the name of the location where the issuing authority is situated. The date of issue is indicated after ‘ON’.

The date of issue is written in the same way as the date referred to in 2.

6. ‘PASSPORT NUMBER’ heading:

This heading indicates the number of the travel document to which the visa sticker is affixed.

In case the person to whom the visa is issued is included in the passport of the spouse, parental authority or legal guardian, the number of the travel document of that person is indicated.

When the applicant’s travel document is not recognised by the issuing Member State, the uniform format for the separate sheet for affixing visas is used for affixing the visa.

The number to be entered under this heading, if the visa sticker is affixed to the separate sheet, is not the passport number but the same typographical number as appears on the form, made up of six digits.

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, C and D as follows:

A

:

airport transit visa (as defined in Article 2(5) of this Regulation)

C

:

visa (as defined in Article 2(2) of this Regulation)

D

:

long-stay visa

8. ‘SURNAME AND FIRST NAME’ heading:

The first word in the ‘surname’ box followed by the first word in the ‘first name’ box of the visa holder’s travel document is written in that order. The issuing authority verifies that the name and first name which appear in the 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. If the number of characters of the surname and first name exceeds the number of spaces available, the excess characters are replaced by a dot (.).

9.

(a) Mandatory entries to be added in the ‘COMMENTS’ section

• in the case of a visa issued on behalf of another Member State pursuant to Article 8, the following mention is added: ‘R/[Code of represented Member State]’,

• in the case of a visa issued for the purpose of transit, the following mention is added: ‘TRANSIT’;

(b) National entries in ‘COMMENTS’ section

This section also contains the comments in the language of the issuing Member State relating to national provisions. However, such comments shall not duplicate the mandatory comments referred to in point 1;

(c) Section for the photograph

The visa holder’s photograph, in colour, shall be integrated in the space reserved for that purpose.

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.

10. Machine-readable zone

This section is made up of two lines of 36 characters (OCR B-10 cpi).

First line: 36 characters (mandatory)

Positions	Number of characters	Heading contents	Specifications
1-2	2	Type of document	First character: V Second character: code indicating type of visa (A, C or D)
3-5	3	Issuing State	ICAO alphabetic code 3-character: BEL, CHE, CZE, DNK, D<<, EST, GRC, ESP, FRA, ITA, LVA, LTU, LUX, HUN, MLT, NLD, AUT, POL, PRT, SVN, SVK, FIN, SWE, ISL, NOR
6-36	31	Surname and first name	The surname should be separated from the first names by 2 symbols (<<); individual components of the name should be separated by one symbol (<); spaces which are not needed should be filled in with one symbol (<)

Second line: 36 characters (mandatory)

Positions	Number of characters	Heading contents	Specifications
1	9	Visa number	This is the number printed in the top right-hand corner of the sticker
10	1	Control character	This character is the result of a complex calculation, based on the previous area according to an algorithm defined by the ICAO
11	3	Applicant’s nationality	Alphabetic coding according to ICAO 3-character codes
14	6	Date of birth	The order followed is YYMMDD where: YY = year (mandatory) MM = month or << if unknown DD = day or << if unknown
20	1	Control character	This character is the result of a complex calculation, based on the previous area according to an algorithm defined by the ICAO
21	1	Sex	F = Female, M = Male, < = Not specified
22	6	Date on which the visa’s validity ends	The order followed is YYMMDD without a filler
28	1	Control character	This character is the result of a complex calculation, based on the previous area according to an algorithm defined by the ICAO
29	1	Territorial validity	(a) For LTV visas, insert the letter T (b) For uniform visas insert the filler <
30	1	Number of entries	1, 2, or M
31	2	Duration of stay	(a) Short stay: number of days should be inserted in the visual reading area (b) Long stay: <<
33	4	Start of validity	The structure is MMDD without any filler.

ANNEX VIII AFFIXING THE VISA STICKER

1. The visa sticker shall be affixed to the first page of the travel document that contains no entries or stamps — other than the stamp indicating that an application is admissible.

2. The sticker shall be aligned with and affixed to the edge of the page of the travel document. The machine-readable zone of the sticker shall be aligned with the edge of the page.

3. The stamp of the issuing authorities shall be placed in the ‘COMMENTS’ section in such a manner that it extends beyond the sticker onto the page of the travel document.

4. Where it is necessary to dispense with the completion of the section to be scanned electronically, the stamp may be placed in this section to render it unusable. The size and content of the stamp to be used shall be determined by the national rules of the Member State.

5. To prevent re-use of a visa sticker affixed to the separate sheet for affixing a visa, the seal of the issuing authorities shall be stamped to the right, straddling the sticker and the separate sheet, in such a way as neither to impede reading of the headings and the comments nor to enter the machine-readable zone.

6. The extension of a visa, pursuant to Article 33 of this Regulation, shall take the form of a visa sticker. The seal of the issuing authorities shall be affixed to the visa sticker.

ANNEX IX

PART 1 Rules for issuing visas at the border to seafarers in transit subject to visa requirements

These rules relate to the exchange of information between the competent authorities of the Member States with respect to seafarers in transit subject to visa requirements. Insofar as a visa is issued at the border on the basis of the information that has been exchanged, the responsibility lies with the Member State issuing the visa.

For the purposes of these rules:

• ‘Member State port’: means a port constituting an external border of a Member State;

• ‘Member State airport’: means an airport constituting an external border of a Member State.

I. Signing on a vessel berthed or expected at a Member State port (entry into the territory of the Member States)

• the shipping company or its agent shall inform the competent authorities at the Member State port where the ship is berthed or expected that seafarers subject to visa requirements are due to enter via a Member State airport, land or sea border. The shipping company or its agent shall sign a guarantee in respect of those seafarers that all expenses for the stay and, if necessary, for the repatriation of the seafarers will be covered by the shipping company,

• those competent authorities shall verify as soon as possible whether the information provided by the shipping company or its agent is correct and shall examine whether the other conditions for entry into the territory of the Member States have been satisfied. The travel route within the territory of the Member States shall also be verified e.g. by reference to the (airline) tickets,

• when seafarers are due to enter via a Member State airport, the competent authorities at the Member State port shall inform the competent authorities at the Member State airport of entry, by means of a duly completed form for seafarers in transit who are subject to visa requirements (as set out in Part 2), sent by fax, electronic mail or other means, of the results of the verification and shall indicate whether a visa may in principle be issued at the border. When seafarers are due to enter via a land or a sea border, the competent authorities at the border post via which the seafarer concerned enters the territory of the Member States shall be informed by the same procedure,

• where the verification of the available data is positive and the outcome is clearly consistent with the seafarer’s declaration or documents, the competent authorities at the Member State airport of entry or exit may issue a visa at the border the authorised stay of which shall correspond to what is necessary for the purpose of the transit. Furthermore, in such cases the seafarer’s travel document shall be stamped with a Member State entry or exit stamp and given to the seafarer concerned.

II. Leaving service from a vessel that has entered a Member State port (exit from the territory of the Member States)

• the shipping company or its agent shall inform the competent authorities at that Member State port of entry of seafarers subject to visa requirements who are due to leave their service and exit from the Member States territory via a Member State airport, land or sea border. The shipping company or its agent shall sign a guarantee in respect of those seafarers that all expenses for the stay and, if necessary, for the repatriation costs of the seafarers will be covered by the shipping company,

• the competent authorities shall verify as soon as possible whether the information provided by the shipping company or its agent is correct and shall examine whether the other conditions for entry into the territory of the Member States have been satisfied. The travel route within the territory of the Member States shall also be verified e.g. by reference to the (airline) tickets,

• where the verification of the available data is positive, the competent authorities may issue a visa the authorised stay of which shall correspond to what is necessary for the purpose of the transit.

III. Transferring from a vessel that entered a Member State port to another vessel

• the shipping company or its agent shall inform the competent authorities at that Member State port of entry of seafarers subject to visa requirements who are due to leave their service and exit from the territory of the Member States via another Member State port. The shipping company or its agent shall sign a guarantee in respect of those seafarers that all expenses for the stay and, if necessary, for the repatriation of the seafarers will be covered by the shipping company,

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

• where the verification of the available data is positive, the competent authorities may issue a visa the authorised stay of which shall correspond to what is necessary for the purpose of the transit.

PART 2

DETAILED DESCRIPTION OF FORM

Points 1-4: the identity of the seafarer

(1)	A. Surname(s)
	B. Forename(s)
	C. Nationality
	D. Rank/Grade
(2)	A. Place of birth
	B. Date of birth
(3)	A. Passport number
	B. Date of issue
	C. Period of validity
(4)	A. Seaman’s book number
	B. Date of issue
	C. Period of validity

As to points 3 and 4: depending on the nationality of the seafarer and the Member State being entered, a travel document or a seaman’s book may be used for identification purposes.

Points 5-8: the shipping agent and the vessel concerned

(5)	Name of shipping agent (the individual or corporation that represents the ship owner on the spot in all matters relating to the ship owner’s duties in fitting out the vessel) under 5A and telephone number (and other contact details as fax number, electronic mail address) under 5B
(6)	A. Name of vessel
	B. IMO-number (this number consists of 7 numbers and is also known as ‘Lloyds-number’)
	C. Flag (under which the merchant vessel is sailing)
(7)	A. Date of arrival of vessel
	B. Origin (port) of vessel
	Letter ‘A’ refers to the vessel’s date of arrival in the port where the seafarer is to sign on
(8)	A. Date of departure of vessel
	B. Destination of vessel (next port)

As to points 7A and 8A: indications regarding the length of time for which the seafarer may travel in order to sign on.

It should be remembered that the route followed is very much subject to unexpected interferences and external factors such as storms, breakdowns, etc.

Points 9-12: purpose of the seafarer’s journey and his destination

(9) The ‘final destination’ is the end of the seafarer’s journey. This may be either the port at which he is to sign on or the country to which he is heading if he is leaving service.

(10) Reasons for application

(a)

In the case of signing on, the final destination is the port at which the seafarer is to sign on.

(b)

In the case of transfer to another vessel within the territory of the Member States, it is also the port at which the seafarer is to sign on. Transfer to a vessel situated outside the territory of the Member States must be regarded as leaving service.

(c)

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

(11) Means of transport

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

(a)

car (or coach);

(b)

train;

(c)

aeroplane.

(12) Date of arrival (on the territory of the Member States)

Applies primarily to a seafarer at the first Member State airport or border crossing point (since it may not always be an airport) at the external border via which he wishes to enter the territory of the Member States.

Date of transit

This is the date on which the seafarer signs off at a port in the territory of the Member States and heads towards another port also situated in the territory of the Member States.

Date of departure

This is the date on which the seafarer signs off at a port in the territory of the Member States to transfer to another vessel at a port situated outside the territory of the Member States, or the date on which the seafarer signs off at a port in the territory of the Member States to return to his home (outside the territory of the Member States).

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

(a)

car, coach: registration number;

(b)

train: name, number, etc.;

(c)

flight data: date, time, number.

(13) Formal declaration signed by the shipping agent or the ship owner confirming his responsibility for the expenses for the stay and, if necessary, for the repatriation of the seafarer.

ANNEX X LIST OF MINIMUM REQUIREMENTS TO BE INCLUDED IN THE LEGAL INSTRUMENT IN THE CASE OF COOPERATION WITH EXTERNAL SERVICE PROVIDERS

A.

In relation to the performance of its activities, the external service provider shall, with regard to data protection:

(a)

prevent at all times any unauthorised reading, copying, modification or deletion of data, in particular during their transmission to the diplomatic mission or consular post of the Member State(s) competent for processing an application;

(b)

in accordance with the instructions given by the Member State(s) concerned, transmit the data,

• electronically, in encrypted form, or

• physically, in a secured way;

(c)

transmit the data as soon as possible:

• in the case of physically transferred data, at least once a week,

• in the case of electronically transferred encrypted data, at the latest at the end of the day of their collection;

(d)

delete the data immediately after their transmission and ensure that the only data that might be retained shall be the name and contact details of the applicant for the purposes of the appointment arrangements, as well as the passport number, until the return of the passport to the applicant, where applicable;

(e)

ensure all the technical and organisational security measures required to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the cooperation involves the transmission of files and data to the diplomatic mission or consular post of the Member State(s) concerned and all other unlawful forms of processing personal data;

(f)

process the data only for the purposes of processing the personal data of applicants on behalf of the Member State(s) concerned;

(g)

apply data protection standards at least equivalent to those set out in Directive 95/46/EC;

(h)

provide applicants with the information required pursuant to Article 37 of the VIS Regulation.

B.

In relation to the performance of its activities, the external service provider shall, with regard to the conduct of staff:

(a)

ensure that its staff are appropriately trained;

(b)

ensure that its staff in the performance of their duties:

• receive applicants courteously,

• respect the human dignity and integrity of applicants,

• do not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and

• respect the rules of confidentiality which shall also apply once members of staff have left their job or after suspension or termination of the legal instrument;

(c)

provide identification of the staff working for the external service provider at all times;

(d)

prove that its staff do not have criminal records and have the requisite expertise.

C.

In relation to the verification of the performance of its activities, the external service provider shall:

(a)

provide for access by staff entitled by the Member State(s) concerned to its premises at all times without prior notice, in particular for inspection purposes;

(b)

ensure the possibility of remote access to its appointment system for inspection purposes;

(c)

ensure the use of relevant monitoring methods (e.g. test applicants; webcam);

(d)

ensure access to proof of data protection compliance, including reporting obligations, external audits and regular spot checks;

(e)

report to the Member State(s) concerned without delay any security breaches or any complaints from applicants on data misuse or unauthorised access, and coordinate with the Member State(s) concerned in order to find a solution and give explanatory responses promptly to the complaining applicants.

D.

In relation to general requirements, the external service provider shall:

(a)

act under the instructions of the Member State(s) competent for processing the application;

(b)

adopt appropriate anti-corruption measures (e.g. provisions on staff remuneration; cooperation in the selection of staff members employed on the task; two-man-rule; rotation principle);

(c)

respect fully the provisions of the legal instrument, which shall contain a suspension or termination clause, in particular in the event of breach of the rules established, as well as a revision clause with a view to ensuring that the legal instrument reflects best practice.

ANNEX XI SPECIFIC PROCEDURES AND CONDITIONS FACILITATING THE ISSUING OF VISAS TO MEMBERS OF THE OLYMPIC FAMILY PARTICIPATING IN THE OLYMPIC GAMES AND PARALYMPIC GAMES

CHAPTER I Purpose and definitions

Article 1 Purpose

The following specific procedures and conditions facilitate the application for and issuing of visas to members of the Olympic family for the duration of the Olympic and Paralympic Games organised by a Member State.

In addition, the relevant provisions of the Community acquis concerning procedures for applying for and issuing visas shall apply.

Article 2 Definitions

For the purposes of this Regulation:

1.

‘Responsible organisations’ relate to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the Olympic and/or Paralympic Games, and they mean the official organisations, in terms of the Olympic Charter, which are entitled to submit lists of members of the Olympic family to the Organising Committee of the Member State hosting the Olympic and Paralympic Games with a view to the issue of accreditation cards for the Games;

2.

‘Member of the Olympic family’ means any person who is a member of the International Olympic Committee, the International Paralympic Committee, International Federations, the National Olympic and Paralympic Committees, the Organising Committees of the Olympic Games and the national associations, such as athletes, judges/referees, coaches and other sports technicians, medical personnel attached to teams or individual sportsmen/women and media-accredited journalists, senior executives, donors, sponsors or other official invitees, who agree to be guided by the Olympic Charter, act under the control and supreme authority of the International Olympic Committee, are included on the lists of the responsible organisations and are accredited by the Organising Committee of the Member State hosting the Olympic and Paralympic Games as participants in the [year] Olympic and/or Paralympic Games;

3.

‘Olympic accreditation cards’ which are issued by the Organising Committee of the Member State hosting the Olympic and Paralympic Games in accordance with its national legislation means one of two secure documents, one for the Olympic Games and one for the Paralympic Games, each bearing a photograph of its holder, establishing the identity of the member of the Olympic family and authorising access to the facilities at which competitions are held and to other events scheduled throughout the duration of the Games;

4.

‘Duration of the Olympic Games and Paralympic Games’ means the period during which the Olympic Games and the period during which the Paralympic Games take place;

5.

‘Organising Committee of the Member State hosting the Olympic and Paralympic Games’ means the Committee set up on by the hosting Member State in accordance with its national legislation to organise the Olympic and Paralympic Games, which decides on accreditation of members of the Olympic family taking part in those Games;

6.

‘Services responsible for issuing visas’ means the services designated by the Member State hosting the Olympic Games and Paralympic Games to examine applications and issue visas to members of the Olympic family.

CHAPTER II Issuing of visas

Article 3 Conditions

A visa may be issued pursuant to this Regulation only where the person concerned:

(a)

has been designated by one of the responsible organisations and accredited by the Organising Committee of the Member State hosting the Olympic and Paralympic Games as a participant in the Olympic and/or Paralympic Games;

(b)

holds a valid travel document authorising the crossing of the external borders, as referred to in Article 5 of the Schengen Borders Code;

(c)

is not a person for whom an alert has been issued for the purpose of refusing entry;

(d)

is not considered to be a threat to public policy, national security or the international relations of any of the Member States.

Article 4 Filing of the application

1. Where a responsible organisation draws up a list of the persons selected to take part in the Olympic and/or Paralympic Games, it may, together with the application for the issue of an Olympic accreditation card for the persons selected, file a collective application for visas for those persons selected who are required to be in possession of a visa in accordance with Regulation (EC) No 539/2001, except where those persons hold a residence permit issued by a Member State or a residence permit issued by the United Kingdom or Ireland, in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States(1).

2. A collective application for visas for the persons concerned shall be forwarded at the same time as applications for the issue of an Olympic accreditation card to the Organising Committee of the Member State hosting the Olympic and Paralympic Games in accordance with the procedure established by it.

3. Individual visa applications shall be submitted for each person taking part in the Olympic and/or Paralympic Games.

4. The Organising Committee of the Member State hosting the Olympic and Paralympic Games shall forward to the services responsible for issuing visas, a collective application for visas as quickly as possible, together with copies of applications for the issue of an Olympic accreditation card for the persons concerned, bearing their full name, nationality, sex and date and place of birth and the number, type and expiry date of their travel document.

Article 5 Examination of the collective application for visas and type of the visa issued

1. The visa shall be issued by the services responsible for issuing visas following an examination designed to ensure that the conditions set out in Article 3 are met.

2. The visa issued shall be a uniform, multiple-entry visa authorising a stay of not more than three months for the duration of the Olympic and/or Paralympic Games.

3. Where the member of the Olympic family concerned does not meet the conditions set out in point (c) or (d) of Article 3, the services responsible for issuing visas may issue a visa with limited territorial validity in accordance with Article 25 of this Regulation.

Article 6 Form of the visa

1. The visa shall take the form of two numbers entered on the Olympic accreditation card. The first number shall be the visa number. In the case of a uniform visa, that number shall be made up of seven (7) characters comprising six (6) digits preceded by the letter ‘C’. In the case of a visa with limited territorial validity, that number shall be made up of eight (8) characters comprising six (6) digits preceded by the letters ‘XX’(2). The second number shall be the number of the travel document of the person concerned.

2. The services responsible for issuing visas shall forward the visa numbers to the Organising Committee of the Member State hosting the Olympic and Paralympic Games for the purpose of issuing Olympic accreditation cards.

Article 7 Waiver of fees

The examination of visa applications and the issue of visas shall not give rise to any fees being charged by the services responsible for issuing visas.

CHAPTER III General and final provisions

Article 8 Cancellation of a visa

Where the list of persons put forward as participants in the Olympic and/or Paralympic Games is amended before the Games begin, the responsible organisations shall inform without any delay the Organising Committee of the Member State hosting the Olympic and Paralympic Games thereof so that the Olympic accreditation cards of the persons removed from the list may be revoked. The Organising Committee shall notify the services responsible for issuing visas thereof and shall inform them of the numbers of the visas in question.

The services responsible for issuing visas shall cancel the visas of the persons concerned. They shall immediately inform the authorities responsible for border checks thereof, and the latter shall without delay forward that information to the competent authorities of the other Member States.

Article 9 External border checks

1. The entry checks carried out on members of the Olympic family who have been issued visas in accordance with this Regulation shall, when such members cross the external borders of the Member States, be limited to checking compliance with the conditions set out in Article 3.

2. For the duration of the Olympic and/or Paralympic Games:

(a) entry and exit stamps shall be affixed to the first free page of the travel document of those members of the Olympic family for whom it is necessary to affix such stamps in accordance with Article 10(1) of the Schengen Borders Code. On first entry, the visa number shall be indicated on that same page;

(b) the conditions for entry provided for in Article 5(1)(c) of the Schengen Borders Code shall be presumed to be fulfilled once a member of the Olympic family has been duly accredited.

3. Paragraph 2 shall apply to members of the Olympic family who are third-country nationals, whether or not they are subject to the visa requirement under Regulation (EC) No 539/2001.

ANNEX XII ANNUAL STATISTICS ON UNIFORM VISAS, VISAS WITH LIMITED TERRITORIAL VALIDITY AND AIRPORT TRANSIT VISAS

Data to be submitted to the Commission within the deadline set out in Article 46 for each location where individual Member States issue visas:

• total of A visas applied for (including multiple A visas),

• total of A visas issued (including multiple A visas),

• total of multiple A visas issued,

• total of A visas not issued (including multiple A visas),

• total of C visas applied for (including multiple-entry C visas),

• total of C visas issued (including multiple-entry C visas),

• total of multiple-entry C visas issued,

• total of C visas not issued (including multiple-entry C visas),

• total of LTV visas issued.

General rules for the submission of data:

• the data for the complete previous year shall be compiled in one single file,

• the data shall be provided using the common template provided by the Commission,

• data shall be available for the individual locations where the Member State concerned issue visas and grouped by third country,

• ‘Not issued’ covers data on refused visas and applications where the examination has been discontinued as provided for in Article 8(2).

In the event of data being neither available nor relevant for one particular category and a third country, Member States shall leave the cell empty (and not enter ‘0’ (zero), ‘N.A.’ (non-applicable) or any other value).

ANNEX XIII

CORRELATION TABLE

Provision of this Regulation	Provision of the Schengen Convention (CSA), Common Consular Instructions (CCI) or of the Schengen Executive Committee (SCH/Com-ex) replaced
TITLE I
GENERAL PROVISIONS
Article 1 Objective and scope	CCI, Part I.1. Scope (CSA Articles 9 and 10)
Article 2 Definitions (1)-(4)	CCI: Part I. 2. Definitions and types of visas CCI: Part IV ‘Legal basis’ CSA: Articles 11(2), 14(1), 15, 16
TITLE II
AIRPORT TRANSIT VISA
Article 3 Third-country nationals required to hold an airport transit visa	Joint Action 96/197/JHA, CCI, Part I. 2.1.1
TITLE III
PROCEDURES AND CONDITIONS FOR ISSUING VISAS
CHAPTER I
Authorities taking part in the procedures relating to applications
Article 4 Authorities competent for taking part in the procedures relating to applications	CCI Part II. 4., CSA, Art. 12(1), Regulation (EC) No 415/2003
Article 5 Member State competent for examining and deciding on an application	CCI, Part II 1.1(a) (b), CSA Article 12(2)
Article 6 Consular territorial competence	CCI, Part II, 1.1 and 3
Article 7 Competence to issue visas to third-country nationals legally present within the territory of a Member State	—
Article 8 Representation agreements	CCI, Part II, 1.2
CHAPTER II
Application
Article 9 Practical modalities for lodging an application	CCI, Annex 13, note (Article 10(1))
Article 10 General rules for lodging an application	—
Article 11 Application form	CCI, Part III. 1.1.
Article 12 Travel document	CCI, Part III. 2. (a), CSA, Article 13(1) and (2)
Article 13 Biometric identifiers	CCI, Part III. 1.2 (a) and (b)
Article 14 Supporting documents	CCI, Part III.2(b) and Part V.1.4, Com-ex (98) 57
Article 15 Travel medical insurance	CCI, Part V, 1.4
Article 16 Visa fee	CCI Part VII. 4. and Annex 12
Article 17 Service fee	CCI, Part VII, 1.7
CHAPTER III
Examination of and decision on an application
Article 18 Verification of consular competence	—
Article 19 Admissibility	—
Article 20 Stamp indicating that an application is admissible	CCI, Part VIII, 2
Article 21 Verification of entry conditions and risk assessment	CCI, Part III.4 and Part V.1.
Article 22 Prior consultation of central authorities of other Member States	CCI, Part II, 2.3 and Part V, 2.3(a)-(d)
Article 23 Decision on the application	CCI, Part V. 2.1 (second indent), 2.2, CCI
CHAPTER IV
Issuing of the visa
Article 24 Issuing of a uniform visa	CCI, Part V, 2.1
Article 25 Issuing of a visa with limited territorial validity	CCI, Part V, 3, Annex 14, CSA 11(2), 14(1) and 16
Article 26 Issuing of an airport transit visa	CCI, Part I, 2.1.1 — Joint Action 96/197/JHA
Article 27 Filling in the visa sticker	CCI, Part VI.1-2-3-4
Article 28 Invalidation of a completed visa sticker	CCI, Part VI, 5.2
Article 29 Affixing a visa sticker	CCI, Part VI, 5.3
Article 30 Rights derived from an issued visa	CCI, Part I, 2.1, last sentence
Article 31 Information of central authorities of other Member States	—
Article 32 Refusal of a visa	—
CHAPTER V
Modification of an issued visa
Article 33 Extension	Com-ex (93) 21
Article 34 Annulment and revocation	Com-ex (93) 24 and Annex 14 to the CCI
CHAPTER VI
Visas issued at the external borders
Article 35 Visas applied for at the external border	Regulation (EC) No 415/2003
Article 36 Visas issued to seafarers in transit at the external border
TITLE IV
ADMINISTRATIVE MANAGEMENT AND ORGANISATION
Article 37 Organisation of visa sections	CCI, VII, 1-2-3
Article 38 Resources for examining applications and monitoring of consulates	—
	CCI, Part VII, 1A
Article 39 Conduct of staff	CCI, Part III.5
Article 40 Forms of cooperation	CCI, Part VII, 1AA
Article 41 Cooperation between Member States
Article 42 Recourse to honorary consuls	CCI, Part VII, AB
Article 43 Cooperation with external service providers	CCI, Part VII, 1B
Article 44 Encryption and secure transfer of data	CCI, Part II, 1.2, PART VII, 1.6, sixth, seventh, eighth and ninth subparagraphs
Article 45 Member States’ cooperation with commercial intermediaries	CCI, VIII, 5.2
Article 46 Compilation of statistics	SCH Com-ex (94) 25 and (98) 12
Article 47 Information to the general public	—
TITLE V
LOCAL SCHENGEN COOPERATION
Article 48 Local Schengen cooperation between Member States’ consulates	CCI, VIII, 1-3-4
TITLE VI
FINAL PROVISIONS
Article 49 Arrangements in relation to the Olympic Games and Paralympic Games	—
Articles 50 Amendments to the Annexes	—
Article 51 Instructions on the practical application of the Visa Code	—
Article 52 Committee procedure	—
Article 53 Notification	—
Article 54 Amendments to Regulation (EC) No 767/2008	—
Article 55 Amendments to Regulation (EC) No 562/2006	—
Article 56 Repeals	—
Article 57 Monitoring and evaluation	—
Article 58 Entry into force	—

ANNEXES

Annex I Harmonised application form	CCI, Annex 16
Annex II Non-exhaustive list of supporting documents	Partially CCI, V, 1.4.
Annex III Uniform format and use of the stamp indicating that a visa application is admissible	CCI, VIII, 2
Annex IV Common list of third countries, listed in Annex I to Regulation (EC) No 539/2001whose nationals are required to be in possession of an airport transit visa when passing through the international transit area of airports situated on the territory of the Member States	CCI, Annex 3, Part I
Annex V List of residence permits entitling their holders to transit through the airports of Member States without being required to hold an airport transit visa	CCI, Annex 3, Part III
Annex VI Standard form for notifying and motivating refusal, annulment or revocation of a visa	—
Annex VII Filling in the visa sticker	CCI, Part VI, 1-4, Annex 10
Annex VIII Affixing the visa sticker	CCI, Part VI, 5.3
Annex IX Rules for issuing visas at the border to seafarers in transit subject to visa requirements	Regulation (EC) No 415/2003, Annexes I and II
Annex X List of minimum requirements to be included in the legal instrument in the case of cooperation with external service providers	CCI, Annex 19
Annex XI Specific procedures and conditions facilitating the issuing of visas to members of the Olympic Family participating in the Olympic Games and Paralympic Games	—
Annex XII Annual statistics on uniform visas, visas with limited territorial validity and airport transit visas	—

(1)

OJ L 158, 30.4.2004, p. 77.

(2)

Reference to the ISO code of the organising Member State.