Amendments on the Common Consular Instructions on visas

To ensure the reliable verification and identification of applicants, it is necessary to process biometric data in the Visa Information System (VIS) and to provide for a legal framework for the collection of these biometric identifiers. This is the general objective of Regulation nº 390/2009, published in the OJEU on May 28th, and which amends 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.

The implementation of the Visa Information System (VIS) requires new forms of organisation for the reception of visa applications. The need to introduce new common consular instructions for the correct management of the VIS system for visa applications was already pointed out by the Council and the EP Civil Liberties Commitee.

The integration of biometric identifiers in the VIS is an important step towards the use of new elements, which establish a more reliable link between the visa holder and the passport in order to avoid the use of false identities. Therefore, the personal appearance of the applicant, at least for the first application, should be one of the basic requirements for issuing a visa with the registration of biometric identifiers in the VIS.

This Regulation defines the standards for the collection of these biometric identifiers by referring to the relevant provisions set out by the International Civil Aviation Organisation (ICAO). No further technical specifications are required in order to ensure nteroperability.

In order to facilitate the registration of applicants and to reduce the costs for Member States, new organisational possibilities need to be envisaged in addition to the existing framework of representation. Therefore, new measures should be introduces, such as:

  • A specific type of representation limited to the collection of applications and enrolment of biometric identifiers should be added to the Common Consular Instructions on visas for the diplomatic missions and consular posts.
  • Other options such as co-location, common application centres, honorary consuls and cooperation with external service providers should be introduced.
  • When organising cooperation, Member States should ensure that applicants are directed to the Member State responsible for the processing of their applications.
  • It is necessary to make provision for situations in which Member States decide, in order to facilitate the procedure, to cooperate with an external service provider for the collection of applications.
  • Member States should maintain the possibility for all applicants to lodge applications directly at their diplomatic missions or consular posts.
  • Due to the requirement to collect biometric identifiers, commercial intermediaries such as travel agencies should no longer be used for the first application but only for subsequent ones.

The Commission will present, three years after the VIS is brought into operation and every four years thereafter, a report to the European Parliament and to the Council on the implementation of this Regulation.