Annexes to COM(2012)648 - Functioning of Local Schengen Cooperation during the first two years of implementation of the Visa Code

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dossier COM(2012)648 - Functioning of Local Schengen Cooperation during the first two years of implementation of the Visa Code.
document COM(2012)648 EN
date November  7, 2012
agreements. To improve LSC further, and to ensure that its core tasks are carried out in all locations to their full potential, the below actions and recommendations are proposed. Recognising the limits on resources in Delegations and in line with existing administrative arrangements, the following recommendations will only be implemented in Delegations maintaining the same or increased staff levels than in previous years.

(a) the role of EU Delegations

– During the period 2010-2012 the core tasks of LSC have been carried out by EU Delegations' staff in an increasing number of delegations . LSC will continue with the same workload level of staff in Delegations with focus in priority countries such as ENP countries and the EU's strategic partners. Burden sharing with Member States embassies and consulates in these countries will contribute to a better functioning of LSC.

– an LSC contact point must be designated in priority countries if this has not yet been done,

– the contact point should play an active role in LSC and take the lead in chairing meetings to ensure the continuity and coherence of cooperation taking into account burden sharing with Member States;, e.g. when the EUD does not have sufficient appropriate staff to carry out LSC tasks, should tasks be delegated to a Member State;

– where relevant, coordination with the LSC taking place in locations outside capitals should be improved, possibly by involving a Member States' consulate as local coordinator;

– where relevant, EUD should in cooperation with Member States’ consulates assess whether consular coverage in the host state should be enhanced and, if so, explore the most appropriate way of doing so (e.g. by proposing the setting up of common application centres). This will become particularly relevant in view of the progressive roll-out of the Visa Information System (VIS);

– EUD should in cooperation with Member States’ diplomatic missions organise information events with the authorities of the host state to present the common visa policy, particularly the regional roll-out of the VIS, so as to prevent or clarify possible misconceptions. EUD should collect information from third country nationals on how the Visa Code is implemented (for example by opening a ‘complaint mail box’) and report problems or discrepancies in implementation of the Visa Code and the common visa policy, particularly as regards implementation of Visa Facilitation Agreements, with a view to bringing such problems to the attention of the Commission;

– a section of the EUD's website should be dedicated to general information on the common visa policy.

(b) the role of Member States’ central authorities

– Member States’ consular staff should be made more aware of the legal  obligations concerning ‘LSC tasks’ provided for by the Visa Code and of the fact that the credibility of the EU is at stake, as many third country nationals form their opinion of the EU through visa issuing procedures;

– in locations where there is no EUD, a Member State should volunteer to designate its consulate in the location concerned to act as LSC contact point and report directly to the Commission on LSC issues.

(c) the role of Member States’ consulates:

– they should constructively and actively participate in LSC and be ready to share its tasks;

– they should systematically share common LSC reports with their central authorities;

– regional training on the Visa Code should be organised for MS consular staff , particularly as regards roll-out of the VIS in the region concerned;

(d) the Commission in cooperation with EEAS:

– should strengthen the capacity of EUD and LSC contact points, with particular attention to regions with a heavy workload, to carry out LSC tasks by:

(a) organising focused training/information sessions both centrally and regionally (in cooperation with EEAS), on the application of the Visa Code (and Handbooks) and implementation of the VIS;

(b) enhancing networking among LSC contact points, possibly by organising an annual seminar where general briefs and updates can be given on EU Home Affairs and related policies;

(c) improving the basic ‘information kit’ to LSC contact points, including a template for a ‘common information sheet’ to ensure coherent communication on the common visa policy;

(d) revising the Handbook for the organisation of visa sections and local Schengen cooperation, Part II, to clarify implementation of the Visa Code as regards LSC tasks.

V. Final remarks

The EU is often perceived negatively by third countries because of its arcane and untransparent visa issuing procedures. For many people, their first contact with 'Europe' is with a Member State’s consulate when applying for a visa. It is therefore very important to apply the Visa Code correctly so that the process improves, offering visa applicants transparent, fair and equal treatment. LSC is the main tool to guarantee consistent implementation of the Visa Code, taking into consideration local circumstances.

The core tasks to be carried out under the Visa Code are fairly specific and operational, and it is essential in the short term to accomplish these, particularly as regards harmonising the list of supporting documents. Better cooperation between Member States and the Commission and burden sharing within LSC will contribute to building trust in the process. .

Implementing the LSC provisions properly and applying the flexibilities provided for in the Visa Code will improve the image of the common visa policy, and the relationship with the authorities of the countries concerned will gain from this.

[1]               COM(2011) 743 final

[2]               OJ L 243, 15.9.2009, p 1.

[3]               C(2010) 1620 final — amended by C (2011) 5501 final (4.8.2011).

[4]               C(2010) 3667 final.

[5]              For the sake of simplicity, the term ‘consulates’ is used throughout this text to cover Member States’ diplomatic missions and consular posts.

[6]               17 of these are third countries whose nationals are subject to the visa requirement and 5 are third countries whose nationals are not subject to the visa requirement.

[7]               CIRCA: Communication Information Resource Centre Administrator, a web-based application for the exchange of information.

[8]               Children aged 6 -12 years; holders of diplomatic and service passports; participants aged 25 years or less in events organised by non-profit organisations. .