5441/01 Dot 1 DG HI COUNCIL of the EUROPEAN UNION Brussels, 8 February 2001
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COUNCIL OF Brussels, 8 February 2001 (14.02) THE EUROPEAN UNION (OR. fr) 5441/01 LIMITE FRONT 1 COMIX 35 NOTE from : General Secretariat to : Frontiers Working Party Subject : Common Manual C O M M O N M A N U A L 5441/01 dot 1 DG H I EN TABLE OF CONTENTS PART I : CONDITIONS FOR ENTERING THE TERRITORY OF THE CONTRACTING PARTIES 1. Crossing external borders ............................................................................................................5 1.1 Consequences of authorization to enter.......................................................................................6 1.2 Crossing the border at authorized border crossing point ……………………………………..6 1.3 Crossing the border at places other than authorized border crossing points …………..……6-8 2. Documents recognized as valid for the crossing of external borders …………..…..……….8-9 3. Visas required of aliens entering the territory of Contracting Parties ……………..……...10-11 3.1 Uniform visas for stays not exceeding three months, including transit visas ………….…….12 3.2 Visas with limited territorial validity................................................................................... 13-14 3.3 Visas for stays of over three months .........................................................................................14 4. Other conditions for entry..........................................................................................................14 4.1 Justification or information establishing the likelihood of the reasons given for entry................................................................................................................................ 15-17 4.2 Conditions relating to security...................................................................................................17 5441/01 dot 2 DG H I EN ANNEXES TO THE COMMON MANUAL 1. Authorized border crossing points (p. 6, point 1.2) 2. Penalties for the unauthorized crossing of borders (p. 6, point 1.2) 3. Bilateral agreements on local border traffic (p. 6-8, point 1.3) 4. The list of the documents recognized as valid for the crossing of external borders (p. 9, point 2.1) 5. Common list of States whose nationals are subject to a visa requirement (p. 12, point 3.1.1) 5.a. List of States whose nationals are subject to an airport transit visa requirement, where holders of travel documents issued by these States are also subject to this visa requirement. 6. Technical description of the stick-in visa (p. 12, point 3.1.2) 6.a Completing stick-in visa (p. 12, point 3.1.2) 7. Specimen stick-in visas (p. 12, point 3.1.3) 8. Specimen visas with limited territorial validity (p. 13, point 3.2.3) 8.a Information on the principles and procedures according to which the Contracting Parties issue visas of limited territorial validity, cancel, revoke and reduce the duration of validity of a uniform visas, and issue national residence permits, is set out in Annex 8a. (p. 13, point 3.2) 5441/01 dot 3 DG H I EN 9. Specimen long-stay visas (p. 14, point 3.3.2) 10. Reference amounts published annually by the national authorities (p. 16, point 4.1.2) 11. Specimen residence permits and return visas 12. Specimen separate sheets 13. Specimen cards issued by the Ministry of Foreign Affairs 14. Issue of uniform visas at the border 14.a Fees,expressed in ECU, to be charged for the issue of visas 5441/01 dot 4 DG H I EN The entry into force of the Convention implementing the Schengen Agreement entails the abolition of checks at internal borders and moving them to external borders. As a result, the checks carried out at the external borders of the area covered by the Convention benefit not only the States at whose external borders they are carried out but also all the Contracting Parties, whose interests must be taken into account by the officials carrying out such checks. PART I: CONDITIONS FOR ENTERING THE TERRITORY OF THE CONTRACTING PARTIES 1. CROSSING EXTERNAL BORDERS Article 3 of the Implementing Convention “1. As a rule external borders may only be crossed at border crossing points and during the fixed opening hours. More detailed provisions, exceptions and arrangements for local border traffic, and rules governing special categories of maritime traffic such as sailing and coastal fishing, shall be laid down by the Executive Committee. 2. The Contracting Parties undertake to introduce penalties for the unauthorized crossing of external borders at places other than crossing points or at times other than the fixed opening hours”. 5441/01 dot 5 DG H I EN 1.1. CONSEQUENCES OF AUTHORIZATION TO ENTER A person who has lawfully entered the territory of one of the Contracting Parties by its external border may normally move about freely within the territory of all the Contracting Parties during a period not exceeding three months. 1.2. CROSSING THE BORDER AT AUTHORIZED BORDER CROSSING POINTS External borders may be crossed at the authorized border crossing points provided for in Annex 1 during the stipulated opening hours. The unauthorized crossing of external borders at places other than border crossing points or at times other than the fixed opening hours is punishable by the penalties referred to in Annex 2. Opening hours must be indicated at border posts by a notice. 1.3. CROSSING THE BORDER AT PLACES OTHER THAN AUTHORIZED BORDER CROSSING POINTS By way of exception, the following may cross external borders at places other than authorized crossing points and outside the fixed hours: - persons to whom a border crossing permit has been issued; - nationals of certain Contracting Parties where this is allowed under national law, 5441/01 dot 6 DG H I EN - persons in respect of whom provision is made for the appropriate permits under the bilateral agreements referred to in Annex 3 on local border traffic - known in Italy as "local border traffic" or "excursion traffic"; - seamen who go ashore in accordance with point 6.5.2. 1.3.1. The competent authorities under national law may issue individuals or groups of persons with a special permit enabling them to cross the external border at places other than authorized crossing points or outside the stipulated times: - where there is a requirement of a special nature, and - it does not conflict with the interests of public policy and the national security of the Contracting Parties. In all cases, such a permit may be issued only if the person requesting it produces the necessary documents when crossing the border. This applies to border crossings on land, by sea or by inland waterway. 1.3.2. Nationals of the Kingdom of Belgium, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands shall be authorized to cross, at any point, the borders of the State whose nationality they hold. 5441/01 dot 7 DG H I EN 1.3.3. Derogations from the provisions of point 1.2. in connection with local border traffic - known in Italy as "local border traffic" or "excursion traffic" - are granted in accordance with the bilateral agreements concluded by the Contracting Parties with bordering Third States; these agreements are set out in Annex 3. 2. DOCUMENTS RECOGNIZED AS VALID FOR THE CROSSING OF EXTERNAL BORDERS Article 5 of the Implementing Convention “1. For visits not exceeding three months, aliens fulfilling the following conditions may be granted entry into the territories of the Contracting Parties: (a) the possession of a valid document or documents, as defined by the Executive Committee, authorizing them to cross the border; (b) the possession of a valid visa if required; (c) if applicable, the aliens shall produce documents substantiating the purpose and the conditions of the planned visit and shall have adequate means of support, both for the period of the planned visit and the return to their country of origin or transit to a Third State, where their admission is guaranteed, or shall be in a position to acquire such means legally; (d) the aliens shall not be persons for whom an alert has been issued for the purposes of refusing entry: (e) the aliens shall not be considered to be a threat to public policy, national security or the international relations of any of the Contracting Parties. 5441/01 dot 8 DG H I EN 2. Entry into the territories of the Contracting Parties must be refused to any alien who does not fulfil all the above conditions unless a Contracting Party considers it necessary to derogate from that principle for humanitarian grounds, on grounds of national interest or because of international obligations. In such cases authorization to enter will be restricted to the territory of the Contracting Party concerned, which must inform the other Contracting Parties accordingly. These rules shall not preclude the application of special provisions concerning the right to asylum or the provisions laid down in Article 18. 3. Aliens who hold residence permits or return visas issued by one of the Contracting Parties or, where required, both documents, shall be authorized entry for transit purposes, unless their names are on the Contracting Party's national list of alerts held at the external borders of the country in which they arrive”. 2.1. The list, for each country, of the documents recognized as valid for the crossing of external borders and of those which may bear a visa, in the case of aliens subject to the visa requirement, is set out in Annex 4. The list of, and specimen residence permits and return visas, provided for under Article 5(3) of the Convention implementing the Schengen Agreement, are set out in Annex 11. 5441/01 dot 9 DG H I EN 3. VISAS REQUIRED OF ALIENS ENTERING THE TERRITORY OF THE CONTRACTING PARTIES Article 10 of the Convention “1. A uniform visa valid for the entire territory of the Contracting Parties shall be introduced. This visa, the period of validity of which shall be determined by Article 11, may be issued for visits not exceeding three months. 2. Until this visa is introduced the Contracting Parties shall recognize their respective national visas, provided that these are issued in accordance with common conditions and criteria determined in the context of the relevant provisions of this Chapter.