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1.Applications shall be examined and decided on by consulates.
2.By way of derogation from paragraph 1, applications may be examined and decided on at the external borders of the Member States by the authorities responsible for checks on persons, in accordance with Articles 35 and 36.
3.In the non-European overseas territories of Member States, applications may be examined and decided on by the authorities designated by the Member State concerned.
4.A Member State may require the involvement of authorities other than the ones designated in paragraphs 1 and 2 in the examination of and decision on applications.
5.A Member State may require to be consulted or informed by another Member State in accordance with Articles 22 and 31.
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.
1.An application shall be examined and decided on by the consulate of the competent Member State in whose jurisdiction the applicant legally resides.
2.A consulate of the competent Member State shall examine and decide on an application lodged by a third-country national legally present but not residing in its jurisdiction, if the applicant has provided justification for lodging the application at that consulate.
Third-country nationals who are legally present in the territory of a Member State and who are required to hold a visa to enter the territory of one or more other Member States shall apply for a visa at the consulate of the Member State that is competent in accordance with Article 5(1) or (2).
1.A Member State may agree to represent another Member State that is competent in accordance with Article 5 for the purpose of examining applications and issuing visas on behalf of that Member State. A Member State may also represent another Member State in a limited manner solely for the collection of applications and the enrolment of biometric identifiers.
2.The consulate of the representing Member State shall, when contemplating refusing a visa, submit the application to the relevant authorities of the represented Member State in order for them to take the final decision on the application within the time limits set out in Article 23(1), (2) or (3).
3.The collection and transmission of files and data to the represented Member State shall be carried out in compliance with the relevant data protection and security rules.
4.A bilateral arrangement shall be established between the representing Member State and the represented Member State containing the following elements:
(a)it shall specify the duration of such representation, if only temporary, and procedures for its termination;
(b)it may, in particular when the represented Member State has a consulate in the third country concerned, provide for the provision of premises, staff and payments by the represented Member State;
(c)it may stipulate that applications from certain categories of third-country nationals are to be transmitted by the representing Member State to the central authorities of the represented Member State for prior consultation as provided for in Article 22;
(d)by way of derogation from paragraph 2, it may authorise the consulate of the representing Member State to refuse to issue a visa after examination of the application.
5.Member States lacking their own consulate in a third country shall endeavour to conclude representation arrangements with Member States that have consulates in that country.
6.With a view to ensuring that a poor transport infrastructure or long distances in a specific region or geographical area does not require a disproportionate effort on the part of applicants to have access to a consulate, Member States lacking their own consulate in that region or area shall endeavour to conclude representation arrangements with Member States that have consulates in that region or area.
7.The represented Member State shall notify the representation arrangements or the termination of such arrangements to the Commission before they enter into force or are terminated.
8.Simultaneously, the consulate of the representing Member State shall inform both the consulates of other Member States and the delegation of the Commission in the jurisdiction concerned about representation arrangements or the termination of such arrangements before they enter into force or are terminated.
9.If the consulate of the representing Member State decides to cooperate with an external service provider in accordance with Article 43, or with accredited commercial intermediaries as provided for in Article 45, such cooperation shall include applications covered by representation arrangements. The central authorities of the represented Member State shall be informed in advance of the terms of such cooperation.