Регламент N 810/2009 Европейского парламента и Совета Европейского Союза «Учреждающий Визовый Кодекс Сообщества» [рус., англ.] Часть 11

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Article 55

Amendments to Regulation (EC) No 562/2006

 

Annex V, Part A of Regulation (EC) No 562/2006 is hereby amended as follows:

(a) point 1(c), shall be replaced by the following:

«(c) annul or revoke the visas, as appropriate, in accordance with the conditions laid down in Article 34 of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community code on visas (Visa Code) <*>;

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<*> OJ L 243, 15.9.2009, p. 1.»;

(b) point 2 shall be deleted.

Article 56

Repeals

 

  1. Articles 9 to 17 of the Convention implementing the Schengen Agreement of 14 June 1985 shall be repealed.
  2. The following shall be repealed:

(a) Decision of the Schengen Executive Committee of 28 April 1999 on the definitive versions of the Common Manual and the Common Consular Instructions (SCH/Com-ex (99) 13 (the Common Consular Instructions, including the Annexes);

(b) Decisions of the Schengen Executive Committee of 14 December 1993 extending the uniform visa (SCU/Com-ex (93) 21) and on the common principles for cancelling, rescinding or shortening the length of validity of the uniform visa (SCH/Com-ex (93) 24), Decision of the Schengen Executive Committee of 22 December 1994 on the exchange of statistical information on the issuing of uniform visas (SCH/Com-ex (94) 25), Decision of the Schengen Executive Committee of 21 April 1998 on the exchange of statistics on issued visas (SCH/Com-ex (98) 12) and Decision of the Schengen Executive Committee of 16 December 1998 on the introduction of a harmonised form providing proof of invitation, sponsorship and accommodation (SCH/Com-ex (98) 57);

(c) Joint Action 96/197/JHA of 4 March 1996 on airport transit arrangements <*>;

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<*> OJ L 63, 13.3.1996, p. 8.

 

(d) Council Regulation (EC) No 789/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications <*>;

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<*> OJ L 116, 26.4.2001, p. 2.

 

(e) Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa <*>;

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<*> OJ L 150, 6.6.2001, p. 4.

 

(f) Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of such visas to seamen in transit <*>;

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<*> OJ L 64, 7.3.2003, p. 1.

 

(g) Article 2 of Regulation (EC) No 390/2009 of the European Parliament and of the Council of 23 April 2009 amending the Common Consular Instructions on visas for diplomatic and consular posts in relation to the introduction of biometrics including provisions on the organisation of the reception and processing of visa applications <*>.

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<*> OJ L 131, 28.5.2009, p. 1.

 

  1. References to repealed instruments shall be construed as references to this Regulation and read in accordance with the correlation table in Annex XIII.

 

Article 57

Monitoring and evaluation

 

  1. Two years after all the provisions of this Regulation have become applicable, the Commission shall produce an evaluation of its application. This overall evaluation shall include an examination of the results achieved against objectives and of the implementation of the provisions of this Regulation, without prejudice to the reports referred to in paragraph 3.
  2. The Commission shall transmit the evaluation referred to in paragraph 1 to the European Parliament and the Council. On the basis of the evaluation, the Commission shall submit, if necessary, appropriate proposals with a view to amending this Regulation.
  3. The Commission shall present, three years after the VIS is brought into operation and every four years thereafter, a report to the European Parliament and to the Council on the implementation of Articles 13, 17, 40 to 44 of this Regulation, including the implementation of the collection and use of biometric identifiers, the suitability of the ICAO standard chosen, compliance with data protection rules, experience with external service providers with specific reference to the collection of biometric data, the implementation of the 59-month rule for the copying of fingerprints and the organisation of the procedures relating to applications. The report shall also include, on the basis of Article 17(12), (13) and (14) and of Article 50(4) of the VIS Regulation, the cases in which fingerprints could factually not be provided or were not required to be provided for legal reasons, compared with the number of cases in which fingerprints were taken. The report shall include information on cases in which a person who could factually not provide fingerprints was refused a visa. The report shall be accompanied, where necessary, by appropriate proposals to amend this Regulation.
  4. The first of the reports referred to in paragraph 3 shall also address the issue of the sufficient reliability for identification and verification purposes of fingerprints of children under the age of 12 and, in particular, how fingerprints evolve with age, on the basis of the results of a study carried out under the responsibility of the Commission.

 

Article 58

Entry into force

 

  1. This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
  2. It shall apply from 5 April 2010.
  3. Article 52 and Article 53(1)(a) to (h) and (2) shall apply from 5 October 2009.
  4. As far as the Schengen Consultation Network (Technical Specifications) is concerned, Article 56(2)(d) shall apply from the date referred to in Article 46 of the VIS Regulation.
  5. Article 32(2) and (3), Article 34(6) and (7) and Article 35(7) shall apply from 5 April 2011.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.

 

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:

 

  1. Documentation relating to the purpose of the journey
  2. 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;

  1. 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;

  1. 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;

  1. 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;

  1. 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;

  1. 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.

 

  1. Documentation allowing for the assessment of the applicant’s intention to leave the territory of the Member States
  2. reservation of or return or round ticket;
  3. proof of financial means in the country of residence;
  4. proof of employment: bank statements;
  5. proof of real estate property;
  6. proof of integration into the country of residence: family ties; professional status.

 

  1. Documentation in relation to the applicant’s family situation
  2. consent of parental authority or legal guardian (when a minor does not travel with them);
  3. 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

… visa … <*>
xx/xx/xxxx <**> … <***>
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.

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<*> Code of the Member State examining the application. The codes as set out in Annex VII point 1.1 are used.

<**> Date of application (eight digits: xx day, xx month, xxxx year).

<***> Authority examining the visa application.

 

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,

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

—  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,

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

—  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 ( illimitata) (ordinary residence permit (no expiry date)),

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

— Carta  de San Marino ( 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 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.

  1. «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.

  1. «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.

  1. «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 any 180-day period.

  1. «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.

  1. «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.

  1. «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

  1. «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 (.).

  1. (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»,

— where all data referred to in Article 5(1) of the VIS Regulation is registered in the Visa Information System, the following mention is added: «VIS»,

— where only the data referred to in points (a) and (b) of Article 5(1) of the VIS Regulation is registered in the Visa Information System but the data referred to in point (c) of that paragraph was not collected because the collection of fingerprints was not mandatory in the region concerned, the following mention is added: «VIS 0»;

(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.

  1. 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.

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