ANNEX IXSupplementary provisions
ANNEX IX PART 1 Rules for issuing visas at the border to seafarers in transit subject to visa requirements These rules relate to the exchange of information between the competent authorities of the Member States with respect to seafarers in transit subject to visa requirements. Insofar as a visa is issued at the border on the basis of the information that has been exchanged, the responsibility lies with the Member State issuing the visa. For the purposes of these rules: ‘Member State port’: means a port constituting an external border of a Member State; ‘Member State airport’: means an airport constituting an external border of a Member State. I. Signing on a vessel berthed or expected at a Member State port (entry into the territory of the Member States) — the shipping company or its agent shall inform the competent authorities at the Member State port where the ship is berthed or expected that seafarers subject to visa requirements are due to enter via a Member State airport, land or sea border. The shipping company or its agent shall sign a guarantee in respect of those seafarers that all expenses for the stay and, if necessary, for the repatriation of the seafarers will be covered by the shipping company, — those competent authorities shall verify as soon as possible whether the information provided by the shipping company or its agent is correct and shall examine whether the other conditions for entry into the territory of the Member States have been satisfied. The travel route within the territory of the Member States shall also be verified e.g. by reference to the (airline) tickets, — when seafarers are due to enter via a Member State airport, the competent authorities at the Member State port shall inform the competent authorities at the Member State airport of entry, by means of a duly completed form for seafarers in transit who are subject to visa requirements (as set out in Part 2), sent by fax, electronic mail or other means, of the results of the verification and shall indicate whether a visa may in principle be issued at the border. When seafarers are due to enter via a land or a sea border, the competent authorities at the border post via which the seafarer concerned enters the territory of the Member States shall be informed by the same procedure, — where the verification of the available data is positive and the outcome is clearly consistent with the seafarer’s declaration or documents, the competent authorities at the Member State airport of entry or exit may issue a visa at the border the authorised stay of which shall correspond to what is necessary for the purpose of the transit. Furthermore, in such cases the seafarer’s travel document shall be stamped with a Member State entry or exit stamp and given to the seafarer concerned. II. Leaving service from a vessel that has entered a Member State port (exit from the territory of the Member States) — the shipping company or its agent shall inform the competent authorities at that Member State port of entry of seafarers subject to visa requirements who are due to leave their service and exit from the Member States territory via a Member State airport, land or sea border. The shipping company or its agent shall sign a guarantee in respect of those seafarers that all expenses for the stay and, if necessary, for the repatriation costs of the seafarers will be covered by the shipping company, — the competent authorities shall verify as soon as possible whether the information provided by the shipping company or its agent is correct and shall examine whether the other conditions for entry into the territory of the Member States have been satisfied. The travel route within the territory of the Member States shall also be verified e.g. by reference to the (airline) tickets, — where the verification of the available data is positive, the competent authorities may issue a visa the authorised stay of which shall correspond to what is necessary for the purpose of the transit. III. Transferring from a vessel that entered a Member State port to another vessel — the shipping company or its agent shall inform the competent authorities at that Member State port of entry of seafarers subject to visa requirements who are due to leave their service and exit from the territory of the Member States via another Member State port. The shipping company or its agent shall sign a guarantee in respect of those seafarers that all expenses for the stay and, if necessary, for the repatriation of the seafarers will be covered by the shipping company, — the competent authorities shall verify as soon as possible whether the information provided by the shipping company or its agent is correct and shall examine whether the other conditions for entry into the territory of the Member States have been satisfied. The competent authorities at the Member State port from which the seafarers will leave the territory of the Member States by ship shall be contacted for the examination. A check shall be carried out to establish whether the ship they are joining is berthed or expected there. The travel route within the territory of the Member States shall also be verified, — where the verification of the available data is positive, the competent authorities may issue a visa the authorised stay of which shall correspond to what is necessary for the purpose of the transit. PART 2 Text of image FORM FOR SEAFARERS IN TRANSIT WHO ARE SUBJECT TO VISA REQUIREMENTS FOR OFFICIAL USE: ISSUER: (STAMP) SURNAME/CODE OF OFFICIAL: RECIPIENT: AUTHORITY DATA ON SEAFARER: SURNAME(S): 1A FORENAME(S): 1B NATIONALITY: 1C RANK/GRADE: 1D PLACE OF BIRTH: 2A DATE OF BIRTH: 2B PASSPORT NUMBER: 3A SEAMAN’S BOOK NUMBER: 4A DATE OF ISSUE: 3B DATE OF ISSUE: 4B PERIOD OF VALIDITY: 3C PERIOD OF VALIDITY: 4C DATA ON VESSEL AND SHIPPING AGENT: NAME OF SHIPPING AGENT: 5A TELEPHONE NUMBER 5B NAME OF VESSEL 6A IMO NUMBER 6B FLAG: 6C DATE OF ARRIVAL: 7A ORIGIN OF VESSEL: 7B DATE OF DEPARTURE: 8A DESTINATION OF VESSEL: 8B DATA ON MOVEMENT OF SEAFARER: FINAL DESTINATION OF SEAFARER: 9 REASONS FOR APPLICATION: SIGNING ON TRANSFER LEAVING SERVICE 10 MEANS OF TRANSPORT CAR TRAIN AEROPLANE 11 DATE OF: ARRIVAL: TRANSIT: DEPARTURE: 12 CAR (*) TRAIN (*) REGISTRATION No: JOURNEY ROUTE: FLIGHT INFORMATION: DATE: TIME: FLIGHT NUMBER: Formal declaration signed by the shipping agent or the ship owner confirming his responsibility for the stay and, if necessary, for the repatriation costs of the seafarer. (*) = to be completed only if data are available. DETAILED DESCRIPTION OF FORM Points 1-4: the identity of the seafarer (1) A. Surname(s) B. Forename(s) C. Nationality D. Rank/Grade (2) A. Place of birth B. Date of birth (3) A. Passport number B. Date of issue C. Period of validity (4) A. Seaman’s book number B. Date of issue C. Period of validity As to points 3 and 4: depending on the nationality of the seafarer and the Member State being entered, a travel document or a seaman’s book may be used for identification purposes. Points 5-8: the shipping agent and the vessel concerned (5) Name of shipping agent (the individual or corporation that represents the ship owner on the spot in all matters relating to the ship owner’s duties in fitting out the vessel) under 5A and telephone number (and other contact details as fax number, electronic mail address) under 5B (6) A. Name of vessel B. IMO-number (this number consists of 7 numbers and is also known as ‘Lloyds-number’) C. Flag (under which the merchant vessel is sailing) (7) A. Date of arrival of vessel B. Origin (port) of vessel Letter ‘A’ refers to the vessel’s date of arrival in the port where the seafarer is to sign on (8) A. Date of departure of vessel B. Destination of vessel (next port) As to points 7A and 8A: indications regarding the length of time for which the seafarer may travel in order to sign on. It should be remembered that the route followed is very much subject to unexpected interferences and external factors such as storms, breakdowns, etc. Points 9-12: purpose of the seafarer’s journey and his destination (9) The ‘final destination’ is the end of the seafarer’s journey. This may be either the port at which he is to sign on or the country to which he is heading if he is leaving service. (10) Reasons for application (a) In the case of signing on, the final destination is the port at which the seafarer is to sign on. (b) In the case of transfer to another vessel within the territory of the Member States, it is also the port at which the seafarer is to sign on. Transfer to a vessel situated outside the territory of the Member States must be regarded as leaving service. (c) In the case of leaving service, this can occur for various reasons, such as end of contract, accident at work, urgent family reasons, etc. (11) Means of transport List of means used within the territory of the Member States by the seafarer in transit who is subject to a visa requirement, in order to reach his final destination. On the form, the following three possibilities are envisaged: (a) car (or coach); (b) train; (c) aeroplane. (12) Date of arrival (on the territory of the Member States) Applies primarily to a seafarer at the first Member State airport or border crossing point (since it may not always be an airport) at the external border via which he wishes to enter the territory of the Member States. Date of transit This is the date on which the seafarer signs off at a port in the territory of the Member States and heads towards another port also situated in the territory of the Member States. Date of departure This is the date on which the seafarer signs off at a port in the territory of the Member States to transfer to another vessel at a port situated outside the territory of the Member States, or the date on which the seafarer signs off at a port in the territory of the Member States to return to his home (outside the territory of the Member States). After determining the three means of travel, available information should also be provided concerning those means: (a) car, coach: registration number; (b) train: name, number, etc.; (c) flight data: date, time, number. (13) Formal declaration signed by the shipping agent or the ship owner confirming his responsibility for the expenses for the stay and, if necessary, for the repatriation of the seafarer.