Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa
Date: 2001-05-28
Institutions: Council of the European Union
Subjects: EU Member State, EU visa policy, Schengen Agreement, admission of aliens, free movement of persons, residence permit

L 150/4

EN

Official Journal of the European Communities

6.6.2001

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1091/2001

of 28 May 2001

on freedom of movement with a long-stay visa

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 62(2)(b)(ii) and 63(3)(a)
thereof,

Schengen acquis for the purpose of determining,
in
conformity with the relevant provisions of the Treaty
establishing the European Community and the Treaty on
European Union, the legal basis for each of the provi-
sions or decisions which constitute the acquis (4).

Having regard to the initiative of the French Republic (1),

(6)

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

Whereas:

(1)

(2)

(3)

(4)

(5)

There may be a time lag between the arrival
in a
Member State's territory of a person holding a national
long-stay visa issued by that Member State and the
moment when the person receives a residence permit
enabling him or her to move freely in the other Member
States' territories.

Steps should be taken to facilitate the free movement of
holders of national long-stay visas pending the issue of
their residence permits, by stipulating that such visas,
which currently enable their holders to transit only once
through the territories of the other Member States in
order to reach the territory of the State which issued the
visa, are concurrently valid as uniform short-stay visas,
provided that the applicants fulfil the conditions of entry
and residence laid down in the Convention imple-
menting the Schengen Agreement of 14 June 1985
signed at Schengen on 19 June 1990.

This measure is a first step in the harmonisation of the
conditions for the issue of national

long-stay visas.

The Convention implementing the Schengen Agreement
and the Common Consular Instructions on Visas for the
diplomatic missions and consular posts (3) should be
amended accordingly.

This
the
instrument constitutes a development of
Schengen acquis, in accordance with the Protocol inte-
grating the Schengen acquis into the framework of the
European Union, as defined in Annex A to Council
Decision 1999/435/EC concerning the definition of the

(1) OJ C 200, 13.7.2000, p. 4.
(2) (Opinion of

the European Parliament of 18.1.2001 (not yet

published in the Official Journal).

(3) OJ L 239, 22.9.2000, p. 318.

As provided for in Articles 1 and 2 of the Protocol on
the position of Denmark annexed to the Treaty on Euro-
pean Union and to the Treaty establishing the European
Community, Denmark is not participating in the adop-
tion of
is neither
this instrument and, accordingly,
bound by it nor subject to its application. Given that the
present
intended to build upon the
Schengen acquis under the provisions of Title IV of the
Treaty establishing the European Community, Denmark,
the Protocol,
shall,
decide within a period of six months after the Council
has adopted this instrument whether it will implement
this decision in its national

in accordance with Article 5 of

instrument

law.

is

(7)

(8)

In relation to the Republic of Iceland and the Kingdom
of Norway, this instrument constitutes a development of
the Schengen acquis within the meaning of the Agree-
ment concluded on 18 May 1999 by the Council of the
European Union with these two States (5).

Pursuant to Article 1 of the Protocol on the position of
the United Kingdom and Ireland annexed to the Treaty
on European Union and to the Treaty establishing the
European Community, Ireland and the United Kingdom
are not participating in the adoption of this instrument.
Consequently, and without prejudice to Article 4 of the
said Protocol, the provisions of this instrument apply
neither to Ireland nor to the United Kingdom,

HAS ADOPTED THIS REGULATION:

Article 1

Article 18 of
Agreement shall be replaced by the following:

the Convention implementing the Schengen

(4) OJ L 176, 10.7.1999, p. 1.
(5) OJ L 176, 10.7.1999, p. 36.

6.6.2001

EN

Official Journal of the European Communities

L 150/5

‘Article 18

Visas for stays exceeding three months shall be national
visas issued by one of the Member States in accordance
with its national law. For a period of not more than three
months from their initial date of validity such visas shall be
valid concurrently as uniform short-stay visas, provided
that they were issued in accordance with the common
conditions and criteria adopted under or pursuant to the
relevant provisions of Chapter 3, section 1 and their
holders fulfil the entry conditions referred to in Article
5(1)(a), (c), (d) and (e). Otherwise, such visas shall merely
enable their holders to transit through the territories of the
other Member States in order to reach the territory of the
Member State which issued the visa, unless the holders do
not fulfil the entry conditions referred to in Article 5(1)(a),
(d) and (e) or are on the national
list of alerts of the
Member State through whose territory they seek to transit.’

Article 2

Section 2.2 of Part I of the Common Consular Instructions on
Visas shall be replaced by the following:

‘2.2. Long-stay visas

However, such visas shall, for a period of not more
than three months from their initial date of validity,
be valid concurrently as uniform short-stay visas,
provided that they were issued in accordance with the
common conditions and criteria adopted under or
to the relevant provisions of Chapter 3,
pursuant
section 1 of
the Convention implementing the
Schengen Agreement and their holders fulfil the entry
conditions referred to in Article 5(1)(a), (c), (d) and (e)
of the said Convention and reproduced in Part IV of
these Instructions. Otherwise, such visas shall merely
enable their holders to transit through the territories
of the other Contracting Parties in order to reach the
territory of the Member State which issued the visa,
unless the holders do not fulfil the entry conditions
referred to in Article 5(1)(a),
the
Convention implementing the Schengen Agreement
or are on the national list of alerts of the Member
State through whose territory they seek to transit.’

(d) and (e) of

Article 3

Visas for visits exceeding three months shall be
national visas issued by one of the Member States in
accordance with its national

legislation.

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Communi-
ties.

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 Brussels, 28 May 2001.

For the Council

The President

T. BODSTRÖM