Proposal for a Council Directive relating to the conditions in which third-country nationals shall have the freedom to travel in the territory of the Member States for periods not exceeding three months, introducing a specific travel authorisation and determining the conditions of entry and movement for periods not exceeding six months
Date: 2001-07-10
Institutions: European Commission
Subjects: EU Member State, EU visa policy, admission of aliens, foreign national, free movement of persons

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Proposal for a Council Directive relating to the conditions in which third-country nationals shall
have the freedom to travel in the territory of the Member States for periods not exceeding three
months, introducing a specific travel authorisation and determining the conditions of entry and
movement for periods not exceeding six months

(2001/C 270 E/29)

(Text with EEA relevance)

COM(2001) 388 final (cid:151) 2001/0155(CNS)

(Submitted by the Commission on 10 July 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 62(3) and Article 63(3)
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) With a view to the progressive establishment of an area of
freedom, security and justice, Article 61 of the Treaty
provides for the adoption of measures to ensure the free
movement of persons in accordance with Article 14 of the
Treaty, in conjunction with flanking measures relating to
this freedom and concerning in particular external border
controls, asylum and immigration.

(2) Article 61(a) refers in particular to measures to determine
the conditions in which third-country nationals shall
travel freely for a period of no more than three months
in the territory of the Member States.

(3) Certain

conditions

third-country
of movement
nationals form already part of the Schengen acquis inte-
grated within the European Union framework.

of

(4) The measures provided for by Article 62(3) of the Treaty
replace the relevant components of the Schengen acquis
incorporated in the European Union framework. This
Directive provides for the general harmonisation of the
conditions for movement of third-country nationals. The
existing provisions of the Schengen acquis on the matter
should accordingly be replaced.

(6) The Schengen Implementing Convention also provides for
the possibility of extending the stay in the territory of a
single Member State beyond three months in exceptional
to a bilateral agreement
circumstances or pursuant
concluded prior
that
into force of
Convention.

to the

entry

(7) Following the entry into force of the Amsterdam Treaty,
the bilateral visa exemption agreements provided for in
Article 20(2) of the Schengen Implementing Convention
cannot justify stays for periods of more than three months
in the
short-stay visa
area under
exemption scheme.

frontier-free

the

(8) However, the conditions in which third-country nationals
shall enter the frontier-free area for a period of between
three and six months, without spending more than three
months in the territory of any one of the Member States
visited, must be determined.

(9) Provision should therefore be made for a specific travel
authorisation for third-country nationals, whether or not
subject to the visa requirement, planning to move in the
territory of two or more Member States for a period of no
more than six months within any given period of twelve
months from the date of first entry, without remaining
more than three months in the territory of
the same
Member State.

(10) With regard to Denmark,

this Directive constitutes a
development of the Schengen acquis within the meaning
of the Protocol on the position of Denmark, annexed to
the Amsterdam Treaty. With regard to the Republic of
Iceland and the Kingdom of Norway,
this Directive
constitutes a development of the Schengen acquis within
the meaning of the agreement concluded on 17 May 1999
by the Council of the European Union and these two
States (1). At the end of the procedures provided for by
that agreement, the rights and obligations arising from
this Directive will also apply in these two states.

(11) This Directive

and
the
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union.

fundamental

respects

rights

(5) This Directive should accordingly lay down the conditions
in which third-country nationals, whether or not they are
subject to a visa requirement or hold a residence permit,
shall
freely for periods of no more than three
months.

travel

(1) Pursuant to Article 1 of the Agreement concluded by the Council of
the European Union and the Republic of Iceland and the Kingdom
of Norway concerning the association of those two States with the
implementation, application and development of
the Schengen
acquis, the proposal must be discussed in the Mixed Committee
set up by Article 4 of the Agreement.

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shall

conditions

(12) In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
the proposed action, namely the estab-
objectives of
in which third-country
lishment of
the
the
nationals
Member States, cannot be sufficiently achieved by the
Member States and can therefore, by reason of the scale
the action, be better achieved by the
and impact of
Community. This Directive
to the
confines
minimum required to achieve those objectives and does
not go beyond what is necessary for that purpose,

freely in the territory of

travel

itself

(b) conferred on third-country nationals and their
nationality, who

family
members, whatever
under
agreements between the Community and its Member
States and these countries enjoy rights identical to those
of Union citizens as regards entry and stay in a Member
State.

their

This Directive does not

2.
Community or national
nationals relating to:

affect

the provisions of
to third-country

law applicable

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose

The purpose of this Directive is to establish the conditions in
which:

(a) third-country nationals, legally present in the territory of a
Member State, shall travel freely for a period of no more
than three months in the territory of the Member States;

(b) third-country nationals planning to move in the territory of
two or more Member States for a period of no more than
six months shall obtain a specific travel authorisation
enabling them to enter the territory of the Member States
in order to move there.

Article 2

Definitions

For the purposes of this Directive, the following definitions
shall apply:

(cid:145)Third-country nationals(cid:146) means any person who is not a Union
citizen within the meaning of Article 17(1) of the Treaty;

(cid:145)Uniform visa(cid:146) means the visa provided for by Articles 10 and
11(1)(a) of the Schengen Implementing Convention;

(cid:145)Residence permit(cid:146) means any document or authorisation issued
by the authorities of a Member State allowing a person to
remain in its territory and covered by the list in Annex 4 to
the Common Consular Instructions (1) and Annex 11 to the
Common Manual;

Article 3

Scope

1.

This Directive does not affect rights:

(a) relating to free movement enjoyed by European Union
citizens on third-country nationals who are members of
the family of a Union citizen;

(a)

long-term stays;

(b) access to and exercise of economic activity.

Article 4

Non-discrimination

The Member States shall give effect to the provisions of this
Directive without discrimination on the basis of sex, race,
colour,
characteristics,
religion or beliefs, political or other opinions,
language,
membership of a national minority, fortune, birth, disabilities,
age or sexual orientation.

social origin,

ethnic or

genetic

CHAPTER II

CONDITIONS TO BE MET IN ORDER TO TRAVEL FOR A
PERIOD OF NO MORE THAN THREE MONTHS

Article 5

Third-country nationals subject to the visa requirement

1.
Third-country nationals holding a uniform visa shall
travel freely in the territory of all Member States throughout
the period of validity of such visa, provided they:

(a) possess a valid travel document or documents authorising

them to cross external borders;

(b) are in possession of a visa valid for

the duration of

envisaged stay;

(c) produce, if necessary, documents justifying the purpose and
conditions of the intended stay and that 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 State into which they are certain to be admitted,
or are in a position to acquire such means lawfully;

(1) OJ L 239, 22.9.2000, p. 317 amended most recently by Council
Decision No 2001/329/EC of 24 April 2001 (OJ L 116, 26.4.2001).

(d) are not persons for whom an alert has been issued for the

purposes of refusing entry; and

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

Paragraph 1 shall not apply to third-country nationals
2.
having a visa subject to limited territorial validity in accordance
with Chapter 3 of the Schengen Implementing Convention.

Article 6

Third-country

nationals

exempted

from the

visa

requirement

Third-country nationals not subject to a visa requirement
1.
shall travel freely within the territories of the Member States
for a maximum period of three months during the six months
following the date of first entry, provided that they fulfil the
conditions laid down by Article 5(1)(a), (c), (d) and (e).

2.
Paragraph 1 shall not affect each Member State’s right to
extend beyond three months a third-country national’s stay in
its territory in exceptional circumstances.

Article 7

Third-country nationals holding a residence permit

1.
Third-country nationals who hold valid residence permits
issued by one of the Member States shall travel freely for up to
three months within the territories of the other Member States,
provided they carry their residence permit, fulfil the conditions
referred to in Article 5(1)(a), (c) and (e) and are not on the
national list of alerts of the Member State concerned.

for the purposes of
5. Where it emerges that an alert
refusing entry has been issued for a third-country national
the
who holds a valid residence permit
Member States,
shall
consult the Member State which issued the residence permit
in order to determine whether there are sufficient reasons for
withdrawing the residence permit.

the Member State issuing the alert

issued by one of

If the residence permit is not withdrawn, the Member State
issuing the alert shall withdraw the alert but may nevertheless
put the third-country national in question on its national list of
alerts.

CHAPTER III

SPECIFIC TRAVEL AUTHORISATION

Article 8

Conditions

1.
Third country nationals shall enter in the territory of the
Member States, with a view to move therein, for a period of no
more than six months during any given twelve-month period
from the date of first entry, without staying more than three
months in the territory of the same Member State, provided
they:

(cid:151) carry a valid specific travel authorisation,

issued by a

Member State; and

(cid:151) meet the conditions laid down by Article 5(1)(a), (c), (d) and

(e).

Paragraph 1 shall also apply to third-country nationals
2.
holding a provisional
residence authorisation issued by a
Member States and a travel document issued by that Member
State.

2.
Paragraph 1 shall not affect each Member State’s right to
extend beyond three months a third-country national’s stay in
its territory in exceptional circumstances.

to Article 18 of

3. Without prejudice
the Schengen
Implementing Convention, paragraph 1 shall also apply to
third-country nationals holding a long-stay visa issued by a
Member State. Such nationals shall
freely only from
residence
the date of
permit to the Member State which issued the long-stay visa.
This application shall be confirmed by a stamp placed in the
travel document by the authority to which the request was
presented.

travel
the application for

submission of

to a third-country national

4. Where a Member State considers issuing a residence
for whom an alert has
permit
it shall first
been issued for the purposes of refusing entry,
consult
take
account of its interests; the residence permit shall be issued
reasons only, notably on humanitarian
for
grounds or by reason of
international commitments or
commitments arising from Community law.

the Member State issuing the alert and shall

substantive

If a residence permit is issued, the Member State issuing the
alert shall withdraw the alert but may put the third-country
national concerned on its national list of alerts.

Article 9

Issuing technique

The specific travel authorisation shall be issued on
1.
application from the third-country national by the diplomatic
and consular authorities of the Member States prior to entry
into the territory of the Member States, provided he meets the
conditions laid down by Article 5(1)(a), (c), (d) and (e).

The specific travel authorisation may be issued for one or

2.
more entries into the territory of the Member States.

The specific travel authorisation may not be issued at the

3.
border.

4.
The Member State empowered to issue the specific travel
authorisation shall be the Member State of principal desti-
nation. If this cannot be determined, the specific travel auth-
orisation shall be issued by the diplomatic or consular auth-
orities of the Member State of first entry.

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The application for a specific travel authorisation shall be
5.
subject to the procedure for prior consultation of the Member
States
Schengen
to in Article 17(2) of
Implementing Convention if a visa application from the same
person is subject to this prior consultation procedure.

referred

the

Article 10

Issuing procedure

No specific travel authorisation may be affixed in a travel

1.
document that has expired.

2.
The period of validity of the travel document must be
longer than that of the specific travel authorisation, given the
period for which it may be used. The period of validity of the
travel document must allow the third-country national
to
return to his country of origin or to enter a third country.

3.
No specific travel authorisation may be affixed in a travel
document if it is valid for none of the Member States or valid
only for one Member State. If the travel document is valid only
for two or more Member States, the specific travel author-
isation to be affixed shall be limited to such Member States.

CHAPTER IV

COMMON PROVISIONS

Article 13

Relationship between the (cid:145)conditions to be met in order
to travel for a period of no more than three months(cid:146) and
the (cid:145)specific travel authorisation(cid:146)

The specific travel authorisation may not be combined with the
exercise of freedom to travel in accordance with Chapter II, to
avoid that
total presence in the territory might exceed a
maximum period of six months in the course of a given
period of twelve months.

Article 14

Reporting presence

1. Member States may require persons benefiting from this
Directive to report their presence within seven working days to
an authority within their territory.

shall notify the Commission of

2. Member States
the
conditions and procedures for the report provided for in
paragraph 1 and of any later change. The Commission shall
publish these information in the Official Journal of the European
Communities.

Article 11

Model

Article 15

Expulsion

1.
The specific travel authorisation issued by the Member
States shall be issued in the form of a uniform format
(adhesive sticker) conforming mutatis mutandis to the rules
and to the specifications of Regulation (EC) No 1683/95 of
29 May 1995 (1).

1.
A third-country national who does not fulfil or no longer
fulfils the conditions for a short stay or for a specific travel
authorisation in the territory of the Member States, as the case
may be, shall be required to leave the territory of the Member
States immediately.

2.
The standard model issued for this purpose shall contain
the distinctive letter (cid:145)E(cid:146) followed by the word (cid:145)travel(cid:146) under
heading 11 ((cid:145)type of visa(cid:146)).

If
the third-country national who holds a valid residence
permit, provisional residence permit or long-stay visa issued
by another Member State, he shall be required to go to the
territory of that Member State immediately.

Article 12

Implementation of the Common Consular Instructions

1. Without prejudice to Articles 11(2) and 18 of
this
Directive, the Common Consular Instructions and Annexes 1,
5, 7, 9, 10, 11, 12, 13, 14 and 15 thereto shall apply mutatis
mutandis to the issue of the specific travel authorisation.

not

such

have

nationals

third-party

2. Where
left
voluntarily, or where it may be assumed that they will not
do so, or where their immediate departure is required for
reasons of national security or public policy, they must be
the Member State in which
expelled from the territory of
they were apprehended, in accordance with the national
law
of that Member State. If under that law expulsion is not auth-
orised, the Member State concerned may allow the persons
concerned to remain within its territory.

2.
The charge for the issue of a specific travel authorisation
shall be the same as the charge for a (cid:145)multiple-entry visa valid
for one year(cid:146), as set out in Annex 12 to the Common Consular
Instructions.

(1) OJ L 164, 14.7.1995, p. 1.

3.
Such third-country nationals may be expelled to their
countries of origin or any other State to which they may be
admitted,
in particular under the relevant provisions of the
readmission agreements concluded by the Member States
with the third country concerned.

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Paragraph 3 shall not preclude the application of the
4.
second subparagraph of paragraph 1, provisions on the right
of asylum, the obligations of the Member States as regards
non-refoulement,
the Geneva Convention relating to the
Status of Refugees of 28 July 1951, as amended by the New
York Protocol of 31 January 1967, paragraph 2 of this Article
or the obligations of the Member States as regards the read-
in accordance with the relevant
mission or
provisions, of an asylum-seeker whose request
is being
in another Member State without
examined and who is
having received permission to enter it.

taking-back,

CHAPTER V

FINAL PROVISIONS

Article 16

Penalties

Article 18

Amendment of the Common Consular Instructions

The Common Consular
accordance with Annex I to this Directive.

Instructions

shall be amended in

Article 19

Amendment of the Common Manual

The Common Manual shall be amended in accordance with
Annex II to this Directive.

Article 20

Repeal

Regulation (EC) No 1091/2001 is hereby repealed.

Member States shall lay down the penalties for infringements
of the national provisions adopted pursuant to this Directive
and shall take all the measures necessary to ensure that they
are enforced. Such penalties shall be effective, proportionate
and dissuasive. The Member States shall notify these provisions,
together with any amendments thereof, to the Commission not
later than the date mentioned in Article 21.

Article 21

Transposal

the
Member States
provisions necessary in order to comply with this Directive.
They shall forthwith inform the Commission thereof.

shall adopt and publish, before . . .,

Article 17

They shall apply these provisions from . . .

Amendment of the Schengen Implementing Convention

The Schengen Implementing Convention is amended as follows:

1. Article 18 is replaced by the following:

(cid:145)Article 18

for

Visas

stays exceeding three months

shall be
1.
the Member States in
national visas issued by one of
accordance with its national
law. Such visas shall enable
their holders to transit through the territories of the other
Member States in order
the
Contracting Party which issued the visa, unless they fail to
fulfil the entry conditions referred to in Article 5(1)(a), (d)
and (e) or they are on the national
list of alerts of the
Member State through the territory of which they seek to
transit.(cid:146)

to reach the territory of

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of
their official publication. The
methods of making such reference shall be laid down by
Member States.

Article 22

Entry into force

This Directive shall enter into force on the 20th day following
its publication in the Official
the European
Communities.

Journal

of

Article 23

Addressees

2. Articles 19 to 23 and 25 are deleted and replaced.

This Directive is addressed to the Member States, in accordance
with the Treaty establishing the European Community.

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The Common Consular Instructions are amended as follows:

1.

In part I, item 1, the following paragraph is added:

ANNEX I

(cid:145)However, the holder of a long-stay visa shall travel freely for a maximum period of three months in the territory of
the Member States after applying for a residence permit to the state which issued the long-stay visa.(cid:146)

2.

In Part I, point 2.2 shall be replaced by the following:

(cid:145)Visas for stays exceeding three months shall be national visas issued by one of the Member States in accordance
with its national law.

Such visas shall have the status of uniform transit visa and shall enable their holders to reach the territory of the
Member State that issued it, provided that the duration of such transit shall not exceed five days from the date of
entry, unless they fail to fulfil the entry conditions or are on the national list of alerts of the Member State through
the territory of which they seek to transit.

However, the holder of a long-stay visa shall travel freely for a maximum period of three months in the territory of
the Member States after applying for a residence permit to the state which issued the long-stay visa. This application
shall be confirmed by a stamp placed in the travel document by the authority to which the request was presented.(cid:146)

3.

In part I, item 2, the following point is added:

(cid:145)2.5. Specific travel authorisation: Specific travel authorisation enabling a third-country national to request entry
into the territory of the Member States for reasons other than immigration, with a view to an uninterrupted
stay or to several stays the total duration of which does not exceed six months during any given period of
twelve months from the date of first entry without remaining more than three months in the territory of the
same Member State.

The provisions of the Common Consular Instruction and Annexes 1, 5, 7, 9, 10, 11, 12, 13, 14 and 15 thereto
shall apply mutatis mutandis to the issue of the specific travel authorisation.

This authorisation may be issued for one or more entries(cid:146).

4.

In part IV, the following point is added:

(cid:145)The specific travel authorisation shall be issued only if the following conditions laid down by the following articles
are met:

Article 9

1.
The specific travel authorisation shall be issued on application from the third-country national by the
diplomatic and consular authorities of the Member States prior to entry into the territory of the Member States,
provided he meets the conditions laid down by Article 5(1)(a), (c), (d) and (e).

Article 5

Third-country nationals holding a uniform visa shall travel freely in the territory of all Member States

1.
throughout the period of validity of such visa, provided they:

(a) possess a valid travel document or documents authorising them to cross external borders;

(b) are in possession of a visa valid for the duration of envisaged stay;

(c) produce, if necessary, documents justifying the purpose and conditions of the intended stay and that 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 State into which they are certain to be admitted, or are in a position to acquire such
means lawfully;

(d) are not persons for whom an alert has been issued for the purposes of refusing entry; and

(e) are not considered to be a threat to public policy, national security or the international relations of any of the

Member States.(cid:146)

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The Common Manual is amended as follows:

1. In part I, item 1.1, the following paragraph is added:

ANNEX II

(cid:145)A person bearing a specific travel authorisation who has lawfully entered the territory of a Member State by the
external border shall move in the territory of all the Member States for a period of no more than six months in any
given twelve-month period without remaining more than three months in the territory of the same Member State.(cid:146)

2. At item 3 of part I, the following indent is added to the last paragraph:

(cid:145)(cid:151) specific travel authorisation(cid:146)

3. At item 3.3.1 of part I, the following paragraph is added:

(cid:145)However, the holder of a long-stay visa shall travel freely for a maximum period of three months in the territory of
the Member States after applying for a residence permit to the state which issued the long-stay visa. This application
shall be confirmed by a stamp placed in the travel document by the authority to which the request was presented.(cid:146)

4. In part I, the following point is added:

(cid:145)3.4. Specific travel authorisation:

This specific travel authorisation enables its holder to move in the territory of the Member States for a period of
no more than six months without staying more than three months in the territory of the same Member State,
provided he meets the conditions laid down by Article 8 of the Directive relating to the conditions under which
third-country nationals shall have the freedom to travel in the territory of the Member States for periods not
exceeding three months, introducing a specific travel authorisation and determining the conditions of entry and
movement for periods not exceeding six months.

Article 8

1.
Third country nationals shall enter in the territory of the Member States to move therein for a period of no
more than six months during any given twelve-month period from the date of first entry, without staying more than
three months in the territory of the same Member State, provided they:

(cid:151) carry a valid specific travel authorisation, issued by a Member State; and

(cid:151) meet the conditions laid down by Article 5(1)(a), (c), (d) and (e).

Paragraph 1 shall not affect each Member State’s right to extend beyond three months a third-country national’s

2.
stay in its territory in exceptional circumstances.

Article 5

Third-country nationals holding a uniform visa shall
1.
throughout the period of validity of such visa, provided they:

travel

freely in the territory of all Member States

(a) possess a valid travel document or documents authorising them to cross external borders;

(b) are in possession of a visa valid for the duration of envisaged stay;

(c) produce, if necessary, documents justifying the purpose and conditions of the intended stay and that 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 State into which they are certain to be admitted, or are in a position to acquire such
means lawfully;

(d) are not persons for whom an alert has been issued for the purposes of refusing entry; and

(e) are not considered to be a threat to public policy, national security or the international relations of any of the

Member States.(cid:146)

5. In part II item 5, the following item 5.7 is added:

(cid:145)5.7. A specific travel authorisation may not be issued at the border.(cid:146)