TITLE IIIPROCEDURES AND CONDITIONS FOR ISSUING VISAS

CHAPTER IAuthorities taking part in the procedures relating to applications

Article 5Member State competent for examining and deciding on an application

1

The Member State competent for examining and deciding on an application for a uniform visa shall be:

a

the Member State whose territory constitutes the sole destination of the visit(s);

b

if the visit includes more than one destination, the Member State whose territory constitutes the main destination of the visit(s) in terms of the length or purpose of stay; or

c

if no main destination can be determined, the Member State whose external border the applicant intends to cross in order to enter the territory of the Member States.

2

The Member State competent for examining and deciding on an application for a uniform visa for the purpose of transit shall be:

a

in the case of transit through only one Member State, the Member State concerned; or

b

in the case of transit through several Member States, the Member State whose external border the applicant intends to cross to start the transit.

3

The Member State competent for examining and deciding on an application for an airport transit visa shall be:

a

in the case of a single airport transit, the Member State on whose territory the transit airport is situated; or

b

in the case of double or multiple airport transit, the Member State on whose territory the first transit airport is situated.

4

Member States shall cooperate to prevent a situation in which an application cannot be examined and decided on because the Member State that is competent in accordance with paragraphs 1 to 3 is neither present nor represented in the third country where the applicant lodges the application in accordance with Article 6.