The Deputy Secretaries of the Ministries of Foreign Affairs and the Interior, on 25 May 1998, signed an agreement, under the provisions of Article 15 of Law No 30/1992 of 26 November, on the Ministry of the Interior, through the competent bodies of the control of persons at the crossing of external borders, to materialize the issue at the border of visas of transit or of stay.

For general knowledge, the publication of the said agreement is available as an annex to this Resolution.

Madrid, June 4, 1998. -Undersecretary, Juan Junquera González.

ANNEX

Agreement between the Ministry of Foreign Affairs and the Ministry of the Interior on Management for the issuance of visas at the border

Article 12.3 of the Organic Law 7/1985, of July 1, on the rights and freedoms of foreigners in Spain states that "the visa shall be issued by the Diplomatic Representations and Consular Offices of Spain".

For their part, Article 17.3 (c) of the Convention implementing the Schengen Agreement of 19 June 1990, of which Spain is a State Party, enabled the Executive Board to take the necessary decisions in respect of the issuing of visas at the border. The Executive Committee, in the exercise of its powers, adopted the Decision of 26 April 1994 laying down common principles and referring to its issue to the legislation of each Member State and the Decision of 19 December 1994. 1996 specifically referred to in transit.

The need to articulate this procedure in the Spanish system of issuing visas advises to go to the instrument of the discharge of management in accordance with the provisions of article 15 of the Law of Legal Regime of the Public Administrations and the Common Administrative Procedure and Article 31 of the Implementing Regulation of Organic Law 7/1985, approved by Royal Decree 155/1996 of 2 February. In this way the entry and transit to other Schengen States of travellers who, specifying visas, are not susceptible to the exception of this requirement, for reasons of humanitarian order, national interest or because of obligations is facilitated. international.

In their virtue, the Ministries of Foreign Affairs and the Interior agree to the management mandate in the following terms:

1. Object of the entrustment

By this Agreement the Ministry of Foreign Affairs entrusts the Ministry of the Interior, through the competent organs of the control of persons at the crossing of external borders, to materialize the expedition at the border of transit or stay visas.

In accordance with the commitments laid down in the Schengen Convention, the issue of visas at the border will be strictly exceptional, aimed at resolving urgent humanitarian situations of interest. or arising from international obligations.

2. Requirements of the applicant

2.1 The border visa may be issued in specific and duly justified cases to foreigners who meet the following requirements:

Be the holder of a travel document in effect that authorizes the crossing of the border. The period of validity of the travel document shall be higher than that of the visa, taking into account the period of validity of the visa.

Comply with the entry requirements referred to in Article 5 (1) (a), (c), (d) and (e) of the Convention implementing the Schengen Agreement.

Alleging an unforeseeable and overriding reason for entry that can be checked, if possible, by a supporting document (e.g. serious and unforeseen incidents involving family members, medical treatment) urgent, change of course for aircraft for technical or meteorological reasons, urgent professional reasons).

Having guaranteed the return to their countries of origin or transit to a third State.

Justify that you have not had the possibility to process the application for the necessary visa in the Consular Office of any Schengen State.

2.2 Without prejudice to Article 5.2 of the Convention implementing the Schengen Agreement, no visa shall be issued on the border to applicants on the list of persons who are prohibited from entering into a Schengen State or a uniform visa to those who, by their nationality or other circumstances, have been granted subject to prior consultation with the central consular authorities of other Schengen States.

3. Types of visas susceptible to issue at the border

The following types of visa may be issued:

3.1 A uniform transit visa of up to five days with one entry and one exit.

The applicant must meet the requirements of paragraph 2 and, where appropriate, must have the required visas to continue the journey to other transit states outside the Schengen area and to be granted admission to the Schengen area. Target status.

3.2 Visado of territorial stay limited to Spain with duration of up to fifteen days and with an entrance and an exit.

The applicant must meet the requirements of paragraph 2 and duly justify both the urgency of the journey and the impossibility of having applied for the visa in advance in a Consular Office of a State of the Schengen Group.

4. Stamping of the visa

The uniform transit visa with one entry and one exit, when the exit of the Schengen area by another State other than Spain is essential, will be materialized by means of the Schengen model label.

The visa of stay referred to in paragraph 3.2 shall also be materialised by the Schengen model label which, strictly exceptional, is authorised.

The visa labels and application models will be provided by the Directorate-General for Legal and Consular Affairs through the General Commissioner for Foreign Affairs and Documentation.

5. Fees

The issue of visas at the border is subject to the following fees: Transit, ECU 20; stay up to 15 days, ECU 50. The amount of the same will be determined by the equivalent in pesetas of the ECU indicated and will be satisfied by the acquisition of the role of payments to the State (Article 7 Law 7/1987, of 29 May, of Consular Fees). The Ministry of Foreign Affairs, when authorizing the issue, may apply the exemption or reduction of the tariff in the cases provided for by the Law on Consular Fees in respect of criteria of international courtesy, cultural interests, humanitarian or other essential public interest.

The control of fees to be charged and their income in the Treasury will be practiced according to the same rules of the Directorate General of the Police on similar collections. The General Commissioner for Foreign Affairs and Documentation will report monthly to the Directorate-General for Legal and Consular Affairs of visas issued at the border, the number and series of the labels used and the fees received.

6. Resolution and resources

The respective communications between the services of materialization of the entrusted management (Spanish Border Posts enabled for the purposes of the Schengen Convention) and the services responsible for the Department (Directorate-General for Legal and Consular Affairs and, in public holidays, the Permanent Bureau of the Guard of the Ministry of Foreign Affairs) will be sent by fax or telephone through the Commissioner General for Foreign Affairs and Documentation of the Directorate General of the Police.

It is applicable to the resolution and its notification as set out in Article 32 of the Implementing Regulation of Organic Law 7/1985.

Against the decisions of the body entrusted to it, which put an end to the administrative procedure, it is possible to bring proceedings within two months of the notification by the materialization body, a judicial-administrative action before the Court of Justice. of the Administrative-Administrative Court of the Superior Court of Justice of Madrid.

7. Additional instructions

The Directorate-General for Legal and Consular Affairs of the Ministry of Foreign Affairs and the Directorate-General of the Police of the Ministry of the Interior shall coordinate and impart, in the field of their powers, the (a) specific supplementary measures to facilitate the issuing of visas at the border in the terms of this Regulation.

8. Statistical information

The Commissioner-General for Foreign Affairs and Documentation will provide statistical information, on a regular basis, of visas issued at the border with the Directorate-General for Home Affairs. Border posts shall also regularly report visas issued at the border to the Government Delegation in the Autonomous Community or the Government Subdelegation concerned.

9. Exceptions and precautionary measures

This entrustment is not an obstacle to the application where it comes from the facilitations referred to in the Chicago Convention on International Civil Aviation or the London Convention of 9 April 1965 International Maritime, neither of the exceptions provided for in Article 5.2 of the Convention for the Application of the Schengen Agreement, or in Article 12.4 of the Organic Law 7/1985 of 1 July 1985, especially when transits and stays in the Schengen area is limited to Spanish territory.

10. Duration of the entrustment

This mandate will be in force for a period of one year, and will be automatically extended from year to year, except for the agreement of the ministerial departments concerned.

This entrusts will take effect the day following your publication in the "Official State Bulletin".

Madrid, May 25, 1998. -Undersecretary of the Ministry of Foreign Affairs, José de Carvajal. -Undersecretary of the Ministry of the Interior, Leopoldo Calvo-Sotelo.