JOINT ACTION of 4 March 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union on airport transit arrangements (96/197/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article K.3 (2) (b) thereof,

Having regard to the initiative of 23 February 1995 from the French Republic,

Whereas the determination of the conditions of entry and movement by nationals of third countries into and within the territory of Member States, and combating unauthorized immigration by nationals of third countries, are matters of common interest under Article K.1 (3) (a) and (c) respectively of the Treaty;

Whereas the air route, particularly when it involves applications for entry or de facto entry, in the course of airport transit, represents a significant way in with a view in particular to illegally taking up residence within the territory of the Member States; whereas improvements should be sought in controlling that route;

Whereas Annex 9 to the Chicago Convention on International Civil Aviation establishes the principle of free transit passage through the international areas of airports; whereas States may nevertheless make exceptions to this general principle by notifying the International Civil Aviation Organization (ICAO) and requiring an airport transit visa; whereas this possibility should be limited as far as possible to avoid any unnecessary constraint on the development of air transport;

Whereas the harmonization of Member States' policies in this field is an accordance with the objectives of security and control of illegal immigration of the Treaty, while contributing to harmonizing the conditions of competition between airlines and airports in the Member States;

Whereas this matter does not concern visas required when crossing the external borders of the Member States and is therefore not covered by Article 100c (1) of the Treaty establishing the European Community; whereas it is nevertheless of common interest and could be more effectively dealt with by means of joint action;

Whereas the Member States that do not have airport visa arrangements should be allowed sufficient time to draw up such arrangements,

HAS ADOPTED THIS JOINT ACTION:

Article 1

For the purposes of this joint action, 'airport transit visa (ATV)` shall mean the authorization to which nationals of certain third countries are subject, as an exception to the principle of free transit laid down in Annex 9 to the Chicago Convention on International Civil Aviation, for transit through the international areas of the airports of Member States.

Article 2

1. The airport transit visa shall be issued by the consular services of the Member States.

2. The conditions of issue of airport transit visas shall be determined by each Member State subject to adoption by the Council of criteria to the preliminaries for and issue of visas.

In all cases, the consular services must ascertain that there is no security risk or risk of illegal immigration. They must above all be satisfied that the application for an airport transit visa is justified on the basis of the documents submitted by the applicant, and that as far as possible these documents guarantee entry into the country of final destination, in particular by presentation of a visa where so required.

3. With effect from the entry into force of the provisions contained in Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (1), Member States shall issue airport transit visas using the uniform visa format laid down in that Regulation.

Article 3

Each Member State shall require and airport transit visa of nationals of third countries included on the joint list annexed hereto who do not already hold an entry or transit visa for the Member State in question when passing through the international areas of airports situated within its territory.

Article 4

A Member State may provide for exceptions to the requirement for an airport transit visa in respect of nationals of third countries included on the joint list annexed hereto, in particular for:

- crew member of aircraft and ships,

- holders of diplomatic, official or service passports,

- holders of residence permits or equivalent documents issued by a Member State,

- holders of visas issued by a Member State, or by a State which is a party to the Agreement on the European Economic Area.

Article 5

Each Member State shall decide whether an airport transit visa should be required of nationals of countries not included on the joint list annexed hereto.

Article 6

Each Member State shall determine the airport transit arrangements applicable to statutory stateless persons and refugees.

Article 7

Within 10 working days of the entry into force of this joint action, Member States shall notify the other Member States and the General Secretariat of the Council of the measures taken pursuant to Articles 4, 5 and 6. Those measures shall be published, for information, in the Official Journal.

Article 8

Each year the Council Presidency shall draw up a report on progress in the harmonization of airport transit arrangements within the Union.

The Council shall examine any proposal for amending the list annexed hereto.

Article 9

This joint action shall not prevent closer airport-transit harmonization between some Member States, extending in scope beyond the joint list annexed hereto.

Article 10

This joint action shall enter into force on the first day of the sixth month following its publication in the Official Journal.

However, in the case of Denmark, Finland and Sweden, it shall enter into force on the first day of the 18th month following its publication in the Official Journal.

Done at Brussels, 4 March 1996.

For the Council

The President

P. BARATTA

(1) OJ No L 164, 14. 7. 1995, p. 1.

ANNEX

Afghanistan

Ethiopia

Eritrea

Ghana

Iraq

Iran

Nigeria

Somalia

Sri Lanka

Zaire