Legal provisions of COM(2006)269 - Amendment of the Common Consular Instructions on visas for diplomatic missions and consular posts in relation to the introduction of biometrics including provisions on the organisation of the reception and processing of visa applications - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2006)269 - Amendment of the Common Consular Instructions on visas for diplomatic missions and consular posts in relation to the ... |
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document | COM(2006)269 ![]() |
date | April 23, 2009 |
Contents
Article 1 - Amendments to the Common Consular Instructions
1. | Part II shall be amended as follows:
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2. | Part III shall be amended as follows:
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3. | Point 1 of Part VII shall be amended as follows: ‘1. Organisation of visa sections 1.1. Organisation of the reception and processing of visa applications Each Member State shall be responsible for organising the reception and processing of applications. In principle, applications shall be lodged at a diplomatic mission or consular post of a Member State. Member States shall:
In particular circumstances or for reasons relating to the local situation, such as where:
and where the abovementioned forms of cooperation prove not to be appropriate for the Member State concerned, a Member State may, as a last resort, cooperate with an external service provider in accordance with point 1.4. Without prejudice to the right to call the applicant for a personal interview, as provided for in Part III, point 4, the selection of a form of organisation shall not result in requiring the applicant to make personal appearances at more than one location in order to lodge an application. 1.2. Forms of cooperation between Member States
1.3. Recourse to honorary consuls Honorary consuls may also be authorised to perform some or all of the tasks referred to in point 1.5. Adequate measures shall be taken to guarantee security and data protection. Where the honorary consul is not a civil servant of a Member State, the performance of those tasks shall comply with the requirements set out in Annex 19 except for the provisions in point C(c) of that Annex. Where the honorary consul is a civil servant of a Member State, the Member State concerned shall ensure that requirements comparable to those which would apply if the tasks were performed by its diplomatic mission or consular post are applied. 1.4. Cooperation with external service providers Member States shall endeavour to cooperate with an external service provider together with one or more Member States, without prejudice to public procurement and competition rules. Cooperation with an external service provider shall be based on a legal instrument that shall comply with the requirements set out in Annex 19. Member States shall, within the framework of local consular cooperation, exchange information about the selection of external service providers and the establishment of the terms and conditions of their respective legal instruments. 1.5. Types of cooperation with external service providers An external service provider may be entrusted with the performance of one or more of the following tasks:
1.6. Obligations of Member States When selecting an external service provider, the Member State(s) concerned shall scrutinise the solvency and reliability of the company (including the necessary licences, commercial registration, company statutes, bank contracts) and ensure that there is no conflict of interests. The Member State(s) concerned shall ensure that the external service provider selected complies with the terms and conditions assigned to it in the legal instrument referred to in point 1.4. The Member State(s) concerned shall remain responsible for compliance with data protection rules for the processing of data and shall be supervised in accordance with Article 28 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (15). Cooperation with an external service provider shall not limit or exclude any liability arising under the national law of the Member State(s) concerned for breaches of obligations with regard to the personal data of applicants and the processing of visas. This provision is without prejudice to any action which may be taken directly against the external service provider under the national law of the third country concerned. The Member State(s) concerned shall ensure that the data are fully encrypted, whether electronically transferred or physically transferred on an electronic storage medium from the external service provider to the authorities of the Member State(s) concerned. In third countries which prohibit encryption of data to be electronically transferred from the external service provider to the authorities of the Member State(s) concerned, the Members State(s) concerned shall not allow the external service provider to transfer data electronically. In this case, the Member State(s) concerned shall ensure that the electronic data are transferred physically in fully encrypted form on an electronic storage medium from the external service provider to the authorities of the Member State(s) concerned by a consular officer of a Member State or, where such a transfer would require disproportionate or unreasonable measures to be taken, in another safe and secure way, for example by using established operators experienced in transporting sensitive documents and data in the third country concerned. In all cases the level of security for the transfer shall be adapted to the sensitive nature of the data. The Member States or the Community shall endeavour to reach an agreement with the third countries concerned with the aim of lifting the prohibition against encryption of data to be electronically transferred from the external service provider to the authorities of the Member State(s) concerned. The Member State(s) concerned shall provide training to the external service provider, corresponding to the knowledge needed to offer appropriate service and sufficient information to applicants. The Member State(s) concerned shall, in case of doubt, provide for the possibility of verifying at the diplomatic mission or consular post fingerprints which have been taken by the external service provider. The examination of applications, interviews, where appropriate, the authorisation process and the printing and affixing of visa stickers shall be carried out only by the diplomatic mission or consular post. External service providers shall not have access to the VIS under any circumstances. Access to the VIS shall be reserved exclusively to duly authorised staff of diplomatic missions or consular posts. The Member State(s) concerned shall closely monitor the implementation of the legal instrument referred to in point 1.4, including:
To this end, the diplomatic mission or consular post of the Member State(s) concerned shall, on a regular basis, carry out unannounced checks on the premises of the external service provider. 1.7. Service fee External service providers may charge a service fee in addition to the fee to be charged as set out in Annex 12. The service fee shall be proportionate to the costs incurred by the external service provider while performing one or more of the tasks referred to in point 1.5. This service fee shall be specified in the legal instrument referred to in point 1.4. In the framework of local consular cooperation, Member States shall ensure that the service fee charged to an applicant duly reflects the services offered by the external service provider and is adapted to local circumstances. Furthermore, they shall aim to harmonise the service fee applied. The service fee shall not exceed half of the amount of the visa fee set out in Annex 12, irrespective of the possible exemptions from the visa fee as provided for by Annex 12. The Member State(s) concerned shall maintain the possibility for all applicants to lodge applications directly at its diplomatic missions or consular posts. 1.8. Information Precise information on the means of obtaining an appointment and submitting an application shall be displayed by Member States’ diplomatic missions and consular posts for the general public. 1.9. Continuity of service In the event of termination of cooperation with other Member States or with any type of external service provider, Member States shall assure the continuity of full service. 1.10. Decision and publication Member States shall inform the Commission of how they intend to organise the reception and processing of applications in each consular location. The Commission shall ensure appropriate publication. Member States shall provide the Commission with a copy of the legal instrument referred to in point 1.4. |
4. | Point 5.2 of Part VIII shall be amended as follows:
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5. | The following Annex shall be added: ‘ANNEX 19 List of minimum requirements to be included in the legal instrument in the case of cooperation with external service providers
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Article 2 - Reporting
The first report 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, based on the results of a study carried out under the responsibility of the Commission.
Article 3 - Entry into force
This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaty establishing the European Community.