Initiative of the Portuguese Republic with a view to adopting the Council Regulation on the period during which third-country nationals exempt from visa requirements are free to travel within the territory of the Member States
Date: 2000-06-14
Institutions: Portugal
Subjects: EU Member State, Portugal, admission of aliens, foreign national, free movement of persons

C 164/6

EN

Official Journal of the European Communities

14.6.2000

II

(Preparatory Acts)

COUNCIL

Initiative of the Portuguese Republic with a view to adopting the Council Regulation on the
period during which third-country nationals exempt from visa requirements are free to travel
within the territory of the Member States

(2000/C 164/06)

THE COUNCIL OF THE EUROPEAN UNION,

(c) they are not persons for whom an alert has been issued for

Having regard to the Treaty establishing the European
Community, and in particular Article 62(3) thereof,

Having regard to the initiative by the Portuguese Republic (1),

the purposes of refusing entry;

(d) they are not considered to be a threat to the public policy,
national security or international relations of any of the
Member States.

Having regard to the opinion of the European Parliament (2)

Article 2

Whereas:

(1) Community immigration policy in the field referred to in
Article 62(3) of the Treaty includes measures setting out
the conditions under which nationals of third countries are
to have the freedom to travel within the territory of the
Member States during a period of no more than three
months.

International agreements may be negotiated, on a reciprocal
basis, between the Community and third countries whose
nationals do not require visas,
in order to determine the
conditions under which a second period of not more than
three months may be granted, for nationals of those countries,
during the 12 months following the date on which they first
crossed the external border of a Member State, where appro-
priate within the six-month period referred to in Article 1.

(2) Provision should be made, however, for measures enabling
a further three-month period to be granted, on a reciprocal
basis,
from visa
requirements for the purposes of crossing the external
borders of the Member States.

for nationals of

countries

exempt

(3) This Regulation is based upon the Schengen acquis,

in
integrating the Schengen

accordance with the Protocol
acquis into the framework of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

third countries who are exempt

Nationals of
from visa
requirements shall have the freedom to travel within the
territory of the Member States for a period of not more than
three months, during the six months following the date on
which they first crossed the external border of a Member
State, provided that they fulfil the conditions set out below:

(a) they possess a valid document or documents authorising

them to cross the border of the Member State;

(b) they must produce, if necessary, documents establishing the
purpose and conditions of the intended stay and they have
sufficient means of subsistence, both for the period of the
intended stay and for the return to their country of origin
or transit to a third country into which they are certain to
be admitted, or are in a position to acquire such means
lawfully;

(1) OJ C . . .
(2) Opinion delivered on . . . (not yet published in the Official Journal).

Article 3

Entry into force

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities.

This Regulation shall apply to those Member States which have
signed protocols of accession to the Schengen agreements as
from the dates set by the Council, acting unanimously among
its members referred to in Article 1 of the Protocol integrating
the European
the Schengen acquis
Union, unless the conditions for the accession of any of
those States to the Schengen acquis are fulfilled before the
date of entry into force of this Regulation.

into the framework of

This Regulation shall be binding in its entirety and directly
applicable in all Member States,
in accordance with the
Treaty establishing the European Community.

Done at . . .

For the Counicl

The President

. . .