The Under-Secretary of the Ministry of Foreign Affairs and Cooperation and the Deputy Secretary of the Ministry of the Interior have signed an Agreement on Management Commendations for the issuance of visas, dated 26 October 2011. on the border and the extension of visas in Spain.

In compliance with the provisions of Article 15 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, its publication is available as an annex to this article. Resolution.

Madrid, January 26, 2012.-The Deputy Minister of the Presidency, Jaime Pérez Renovales.

ANNEX

Agreement between the Ministry of Foreign Affairs and Cooperation and the Ministry of the Interior on management mandates for the issuance of visas at the border and the extension of visas in Spain

On 25 May 1998, the Deputy Secretaries of the Ministries of Foreign Affairs and the Interior signed an agreement pursuant to Article 15 of Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure, which was entrusted to the Ministry of the Interior, through the competent bodies of the control of persons at the crossing of external borders, to materialize the expedition in short-stay visa border. This agreement was published in the "Official State Gazette" number 139 of 11 June 1998.

Since May 1998, significant changes have been made to the applicable legal framework for short-stay visas, in particular with the adoption of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009, establishing a Community Code on Visas (Visa Code), applicable from 5 April 2010. These changes in the legal framework justify a review and an adjustment of the management mandate.

Article 27.1 of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration, provides that "the visa will be requested and issued in the Diplomatic Missions and Offices". Consular authorities of Spain, except in exceptional cases which are covered by regulation. '

For their part, Article 35 of the Visa Code states that "in exceptional cases a visa may be issued at a border crossing point". Articles 35 and 36 of the abovementioned Visa Code contain the specific rules governing the issue of short-stay visas at border crossing points.

In addition, the Visa Code regulates in Article 33 the extension of short-stay visas in the event that their holder is in the Schengen Area. Article 33 provides that this extension must necessarily be translated into a visa sticker. The issuing of such visa labels is a matter for the Ministry of Foreign Affairs and Cooperation.

The need to articulate a procedure for the issuance of short-stay visas at the border and to materialize the extension of short-stay visas in case the holder is in the Schengen area advises, again, to come to the instrument of the discharge in accordance with the provisions of Article 15 of Law 30/1992, of 26 November, and in Articles 31 and 34.2 of the Regulation of the Organic Law 4/2000, of 11 January, on rights and freedoms of foreigners in Spain and their social integration, approved by Royal Decree 557/2011, of 20 April . In this way, it is intended to facilitate the entry and transit to other Schengen States of travellers subject to the visa requirement in which the exceptional circumstances provided for in Articles 35.1 and 36.1 of the Visa Code are met. It is also intended to make it easier for travellers who have a visa to remain in the Schengen area regularly and who cannot leave that area for any of the exceptional reasons provided for in Article 33 of the Treaty. Visa Code.

The legal status of this management mandate will be governed by Article 15 of Law 30/1992 of 26 November, expressly excluding the application of Law 30/2007, of October 30, of Contracts of the Sector Public.

In their virtue, the Ministries of Foreign Affairs and Cooperation 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 and Cooperation entrusts the Ministry of the Interior, through the competent bodies of the control of persons at the crossing of external borders, to issue at the border short-stay visas and, through units determined by the National Police Corps, to give effect to the granting of an extension granted by the competent authority by issuing the relevant label.

The issuance of visas at the border will be of exceptional character, aimed at resolving urgent situations of a humanitarian nature, of national interest or arising from international obligations.

The extension of a visa will also be exceptional, when the visa holder demonstrates the existence of humanitarian or force majeure reasons that prevent him from leaving the Schengen Area or demonstrates the existence of a visa. serious personal reasons justifying such extension.

The provisions governing the issue of visas at the border and the extension of visas are set out in Articles 33, 35 and 36 of the Visa Code, approved by Regulation EC 810/2009 of the European Parliament and of the European Parliament. Council Decision of 13 July 2009 on the other provisions of the applicable European Union law.

Moreover, the Overseas Regulation, approved by Royal Decree 557/2011 of 20 April, regulates both the issue of visas at the border and the extension of visas in Articles 31 and 34, granting competition to the police services in charge of the control of entry when it comes to the issue of a border visa and to police units to be determined by the Directorate-General of Police and the Civil Guard when the extension of a visa.

2. Visa labels

Visas at the border and visa extensions shall necessarily be translated into a uniform visa sticker, in accordance with the provisions of the applicable European Union law.

The National Mint and Timbre-Real Casa de la Moneda will directly provide the General Commissioner for Foreign Affairs and Borders with the uniform visa labels necessary for the issuance of visas at the border and for Implement the visa extension.

3. Fees

3.1 The issue of visas at the border will be subject to the payment of the fees provided for in the applicable European Union law. The Ministry of Foreign Affairs and Cooperation may request the issue of a visa at the border and may require that, in certain cases, the exemption or reduction of the applicable fee applies in accordance with the provisions of the Article 16.6 of the Visa Code and/or in the cases provided for by Law 9/2011 of 10 May, of Consular Fees, in consideration of criteria of international courtesy, cultural interests, humanitarian reasons or other essential public interest.

3.2 The extension of visas shall be subject to the payment of the fees provided for in the applicable European Union law, except where the holder of the visa has demonstrated the existence of humanitarian or force majeure which prevent you from leaving the Schengen Area before the visa expires or the duration of the stay authorised by it.

3.3 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 Police and the Civil Guard on similar collections.

4. Resolution and resources

The application for a visa to be carried out in a Border Post, as well as the resolution adopted, must be communicated by telematics to the Ministry of Foreign Affairs and Cooperation for constancy in the IT application. specifically created under the provisions of the fifth additional provision of the Organic Law 4/2000, of 11 January, as amended by the Organic Law 2/2009 of 11 December on the rights and freedoms of foreigners in Spain and its social integration.

Identical communication shall be carried out when a visa sticker is issued to materialize the extension of stay granted by the competent authority.

The rest of the communications between the police services of materialization of the entrusted management and the services responsible for the Department of the Department (Directorate General of Consular and Migratory Affairs) will be carried out by telefax or e-mail through the General Commissioner for Foreign Affairs and Borders of the Directorate-General of Police and the Civil Guard.

Against decisions rejecting the issue of visas at the border, within two months of the notification by the competent body, an administrative and administrative action before the Court of Justice is required. Judicial-Administrative Court of the Superior Court of Justice of Madrid.

5. Additional instructions

The Directorate General of Consular and Migration Affairs of the Ministry of Foreign Affairs and Cooperation and the Directorate General of the Police and the Civil Guard of the Ministry of the Interior will coordinate and impart, in the the scope of its powers, the precise additional instructions for facilitating the issue of visas at the border and the materialisation of visa extensions in the terms of this mandate.

6. Statistical information

6.1 Border Posts shall regularly report visas issued at the border to the General Commissioner for Foreign Affairs and Borders and the relevant Government Delegation or Subdelegation.

6.2 Designated National Police Corps Units shall regularly report on the number of visas extended to the General Commissioner for Foreign Affairs and Borders and to the Delegation or Subdelegation of the Government. corresponding.

6.3 The Commissioner-General for Foreign Affairs and Borders will provide monthly statistical information to the Directorate-General for Consular and Migration Affairs on visas issued at the border and visas extended by Units of the National Police Corps.

7. Exceptions and precautionary measures

This entrustment is not an obstacle to the application where it comes from the facilities referred to in the Chicago Convention on International Civil Aviation or the London Convention of 9 April 1965 International Maritime, or of the exceptions provided for in Article 5.4 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code of Rules for the Crossing of Persons by the borders (Schengen Borders Code), or in Article 25.4 of the Organic Law 4/2000, of 11 of January, in particular when the stay or stay for transit purposes in the Schengen Area is limited to the Spanish territory.

8. Follow up on the charge.

A Joint Committee, composed of representatives of both Ministries, will meet for the follow-up to the Agreement and to resolve any discrepancies that may arise in its implementation.

9. Replacement of the management mandate of 25 May 1998

The Mandate of Management for the issuance of visas at the border of 25 May 1998 shall cease to have effect from the signature of this mandate.

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 a decision against the affected ministerial departments which will communicate it to the other party with a month of notice.

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

Madrid, October 26, 2011. -Undersecretary of the Ministry of Foreign Affairs and Cooperation, Antonio López Martínez. -Undersecretary of the Ministry of the Interior, Pilar Gallego Berruezo.