Objective and scope
1. This Regulation establishes the procedures and conditions for issuing visas for transit through or intended stays in the territory of the Member States not exceeding three months in any six-month period.
2. 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 ( 17 ) , 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.
3. This Regulation also lists the third countries whose nationals are required to hold an airport transit visa by way of exception from the principle of free transit laid down in Annex 9 to the Chicago Convention on International Civil Aviation, and establishes the procedures and conditions for issuing visas for the purpose of transit through the international transit areas of Member States’ airports.
Definitions
For the purpose of this Regulation the following definitions shall apply:
1.
‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 17(1) of the Treaty;
2.
‘visa’ means an authorisation issued by a Member State with a view to:
(a)
transit through or an intended stay in the territory of the Member States of a duration of no more than three months in any six-month period from the date of first entry in the territory of the Member States;
(b)
transit through the international transit areas of airports of the Member States;
3.
‘uniform visa’ means a visa valid for the entire territory of the Member States;
4.
‘visa with limited territorial validity’ means a visa valid for the territory of one or more Member States but not all Member States;
5.
‘airport transit visa’ means a visa valid for transit through the international transit areas of one or more airports of the Member States;
6.
‘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 ( 18 ) ;
7.
‘recognised travel document’ means a travel document recognised by one or more Member States for the purpose of affixing visas;
8.
‘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 ( 19 ) ;
9.
‘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;
10.
‘application’ means an application for a visa;
11.
‘commercial intermediary’ means a private administrative agency, transport company or travel agency (tour operator or retailer).
