LegalizeRegulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code)
TITLE I
GENERAL PROVISIONS
Article 1
Objective and scope
The provisions of this Regulation shall apply to any third-country national who must be in possession of a visa when crossing the external borders of the Member States pursuant to Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1), without prejudice to:
(a) the rights of free movement enjoyed by third-country nationals who are family members of citizens of the Union;
(b) the equivalent rights enjoyed by third-country nationals and their family members, who, under agreements between the Community and its Member States, on the one hand, and these third countries, on the other, enjoy rights of free movement equivalent to those of Union citizens and members of their families;
(c) the residence rights enjoyed in the host State, as defined in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (2) (‘EU-UK Withdrawal Agreement’), by third-country nationals who are family members of UK nationals who are beneficiaries of that Agreement.
Article 2
Definitions
For the purpose of this Regulation the following definitions shall apply:
‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 17(1) of the Treaty;
‘visa’ means an authorisation issued by a Member State with a view to:
(a) an intended stay on the territory of the Member States not exceeding 90 days in any 180-day period; or (b) transit through the international transit areas of airports of the Member States;
‘uniform visa’ means a visa valid for the entire territory of the Member States;
‘visa with limited territorial validity’ means a visa valid for the territory of one or more Member States but not all Member States;
‘airport transit visa’ means a visa valid for transit through the international transit areas of one or more airports of the Member States;
‘visa sticker’ means the uniform format for visas as defined by Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (3);
‘recognised travel document’ means a travel document recognised by one or more Member States for the purpose of crossing the external borders and affixing a visa pursuant to Decision No 1105/2011/EU of the European Parliament and of the Council (4);
‘separate sheet for affixing a visa’ means the uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form as defined by Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form (5);
‘consulate’ means a Member State’s diplomatic mission or a Member State’s consular post authorised to issue visas and headed by a career consular officer as defined by the Vienna Convention on Consular Relations of 24 April 1963;
‘application’ means an application for a visa;
‘commercial intermediary’ means a private administrative agency, transport company or travel agency (tour operator or retailer);
‘seafarer’ means any person who is employed, engaged or works in any capacity on board a ship in maritime navigation or a ship navigating in international inland waters;
‘electronic signature’ means an electronic signature as defined in point (10) of Article 3 of Regulation (EU) No 910/2014 of the European Parliament and of the Council (6).
TITLE II
AIRPORT TRANSIT VISA
Article 3
Third-country nationals required to hold an airport transit visa
The following categories of persons shall be exempt from the requirement to hold an airport transit visa provided for in paragraphs 1 and 2:
(a) holders of a valid uniform visa, national long-stay visa or residence permit issued by a Member State;
(b) third-country nationals holding a valid residence permit issued by a Member State which does not take part in the adoption of this Regulation or by a Member State which does not yet apply the provisions of the Schengen acquis in full, or third-country nationals holding one of the valid residence permits listed in Annex V issued by Andorra, Canada, Japan, San Marino, the United Kingdom or the United States of America guaranteeing the holder’s unconditional readmission, or holding a valid residence permit for one or more of the overseas countries and territories of the Kingdom of the Netherlands (Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba);
(c) third-country nationals holding a valid visa for a Member State which does not take part in the adoption of this Regulation, or for a Member State which does not yet apply the provisions of the Schengen acquis in full, or for Canada, Japan or the United States of America, or holders of a valid visa for one or more of the overseas countries and territories of the Kingdom of the Netherlands (Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba), when travelling to the issuing country or to any other third country, or when, having used the visa, returning from the issuing country;
(d) family members of citizens of the Union referred to in Article 1(2), point (a), family members of third-country nationals referred to in Article 1(2) point (b) and family members of UK nationals who are beneficiaries of the EU-UK Withdrawal Agreement referred to in Article 1(2), point (c);
(e) holders of diplomatic passports;
(f) flight crew members who are nationals of a contracting Party to the Chicago Convention on International Civil Aviation.
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
Article 5
Member State competent for examining and deciding on an application
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, or if several separate visits are to be carried out within a period of two months, the Member State whose territory constitutes the main destination of the visit(s) in terms of the length of stay, counted in days, or the 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.
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.
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.
Article 6
Consular territorial competence
Article 7
Competence to issue visas to third-country nationals legally present within the territory of a Member State
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).
Article 8
Representation arrangements
A bilateral arrangement shall be established between the representing Member State and the represented Member State. That arrangement:
(a) shall specify the duration of the representation, if only temporary, and the procedures for its termination;
(b) may, in particular where 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.
CHAPTER II
Application
Article 9
Practical modalities for lodging an application
Without prejudice to Article 13, applications may be lodged:
(a) by the applicant;
(b) by an accredited commercial intermediary;
(c) by a professional, cultural, sports or educational association or institution on behalf of its members.
Article 10
General rules for lodging an application
When lodging the application, the applicant shall:
(a) present an application form in accordance with Article 11;
(b) present a travel document in accordance with Article 12;
(c) present a photograph in accordance with the standards set out in Regulation (EC) No 1683/95 or, where the VIS is operational pursuant to Article 48 of the VIS Regulation, in accordance with the standards set out in Article 13 of this Regulation;
(d) allow the collection of his fingerprints in accordance with Article 13, where applicable;
(e) pay the visa fee in accordance with Article 16;
(f) provide supporting documents in accordance with Article 14 and Annex II;
(g) where applicable, produce proof of possession of adequate and valid travel medical insurance in accordance with Article 15.
Article 11
Application form
The form shall, as a minimum, be available in the following languages:
(a) the official language(s) of the Member State for which a visa is requested or of the representing Member State; and
(b) the official language(s) of the host country.
In addition to the language(s) referred to in point (a), the form may be made available in any other official language(s) of the institutions of the Union.
Article 12
Travel document
The applicant shall present a valid travel document satisfying the following criteria:
(a) its validity shall extend at least three months after the intended date of departure from the territory of the Member States or, in the case of several visits, after the last intended date of departure from the territory of the Member States. However, in a justified case of emergency, this obligation may be waived;
(b) it shall contain at least two blank pages;
(c) it shall have been issued within the previous 10 years.
Article 13
Biometric identifiers
At the time of submission of the first application, the applicant shall be required to appear in person. At that time, the following biometric identifiers of the applicant shall be collected:
— a photograph, scanned or taken at the time of application, and
— his 10 fingerprints taken flat and collected digitally.
However, where there is reasonable doubt regarding the identity of the applicant, the consulate shall collect fingerprints within the period specified in the first subparagraph.
Furthermore, if at the time when the application is lodged, it cannot be immediately confirmed that the fingerprints were collected within the period specified in the first subparagraph, the applicant may request that they be collected.
The technical requirements for the photograph shall be in accordance with the international standards as set out in the International Civil Aviation Organization (ICAO) document 9303 Part 1, 6th edition.
The following applicants shall be exempt from the requirement to give fingerprints:
(a) children under the age of 12;
(b) persons for whom fingerprinting is physically impossible. If the fingerprinting of fewer than 10 fingers is possible, the maximum number of fingerprints shall be taken. However, should the impossibility be temporary, the applicant shall be required to give the fingerprints at the following application. The authorities competent in accordance with Article 4(1), (2) and (3) shall be entitled to ask for further clarification of the grounds for the temporary impossibility. Member States shall ensure that appropriate procedures guaranteeing the dignity of the applicant are in place in the event of there being difficulties in enrolling;
(c) heads of State or government and members of a national government with accompanying spouses, and the members of their official delegation when they are invited by Member States’ governments or by international organisations for an official purpose;
(d) sovereigns and other senior members of a royal family, when they are invited by Member States’ governments or by international organisations for an official purpose.
Article 14
Supporting documents
When applying for a uniform visa, the applicant shall present:
(a) documents indicating the purpose of the journey;
(b) documents in relation to accommodation, or proof of sufficient means to cover his accommodation;
(c) documents indicating that the applicant possesses sufficient means of subsistence both for the duration of the intended stay and for the return to his country of origin or residence, or for the transit to a third country into which he is certain to be admitted, or that he is in a position to acquire such means lawfully, in accordance with Article 5(1)(c) and (3) of the Schengen Borders Code;
(d) information enabling an assessment of the applicant’s intention to leave the territory of the Member States before the expiry of the visa applied for.
When applying for an airport transit visa, the applicant shall present:
(a) documents in relation to the onward journey to the final destination after the intended airport transit;
(b) information enabling an assessment of the applicant’s intention not to enter the territory of the Member States.
Member States may require applicants to present proof of sponsorship or of private accommodation, or of both, by completing a form drawn up by each Member State. That form shall indicate in particular:
(a) whether its purpose is proof of sponsorship or of private accommodation, or of both;
(b) whether the sponsor or inviting person is an individual, a company or an organisation;
(c) the identity and contact details of the sponsor or inviting person;
(d) the identity data (name and surname, date of birth, place of birth and nationality) of the applicant(s);
(e) the address of the accommodation;
(f) the length and purpose of the stay;
(g) possible family ties with the sponsor or inviting person;
(h) the information required pursuant to Article 37(1) of the VIS Regulation.
In addition to the Member State's official language(s), the form shall be drawn up in at least one other official language of the institutions of the Union. A specimen of the form shall be sent to the Commission.
Article 15
Travel medical insurance
In addition, such applicants shall sign the statement, set out in the application form, declaring that they are aware of the need to be in possession of travel medical insurance for subsequent stays.
When a visa with limited territorial validity covering the territory of more than one Member State is issued, the insurance cover shall be valid at least in the Member States concerned.
When another person takes out insurance in the name of the applicant, the conditions set out in paragraph 3 shall apply.
Article 16
Visa fee
The visa fee shall be waived for applicants belonging to one of the following categories:
(a) children under six years;
(b) school pupils, students, postgraduate students and accompanying teachers who undertake stays for the purpose of study or educational training;
(c) researchers, as defined in point (2) of Article 3 of Directive (EU) 2016/801 of the European Parliament and of the Council (9), travelling for the purpose of carrying out scientific research or participating in a scientific seminar or conference;
(d) representatives of non-profit organisations aged 25 years or less participating in seminars, conferences, sports, cultural or educational events organised by non-profit organisations.
The visa fee may be waived for:
(a) children from the age of six years and below the age of 18 years;
(b) holders of diplomatic and service passports;
(c) participants in seminars, conferences, sports, cultural or educational events organised by non-profit organisations, aged 25 years or less.
When charged in a currency other than the euro, the amount of the visa fee charged in that currency shall be determined and regularly reviewed in application of the euro foreign exchange reference rate set by the European Central Bank. The amount charged may be rounded up and it shall be ensured under local Schengen cooperation that similar fees are charged.
Article 17
Service fee
CHAPTER III
Examination of and decision on an application
Article 18
Verification of consular competence
Article 19
Admissibility
The competent consulate or the central authorities of the competent Member State shall verify whether:
— the application has been lodged within the period referred to in Article 9(1),
— the application contains the items referred to in Article 10(3)(a) to (c),
— the biometric data of the applicant have been collected, and
— the visa fee has been collected.
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