Proposal for a Council Regulation relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2004 Olympic and/or Paralympic Games in Athens
Date: 2003-04-08
Institutions: European Commission
Subjects: Community acquis, Greece, Olympic games, admission of aliens, derogation from EU law

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 8.4.2003
COM(2003) 172 final

2003/0061 (CNS)

Proposal for a

COUNCIL REGULATION

relating to measures envisaged to facilitate the procedures for applying for and issuing
visas for members of the Olympic family taking part in the 2004 Olympic and/or
Paralympic Games in Athens

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

GENERAL CONSIDERATIONS

The goal of the Olympic Movement is to contribute to building a peaceful and better world by
educating youth through sport. The activity of the Olympic Movement reaches its peak with
the coming together of athletes of the world at the great sports festival, the Olympic Games.

The Olympic Games and the Paralympic Games are held in the same year.

As regards the movement of persons participating in the Olympic Games, who are considered
members of the Olympic family, Rule 65 of the Olympic Charter of the International Olympic
Committee (IOC), in its first two paragraphs, states that:

1.

2.

The Olympic identity and accreditation card is a document which confers on its
holder the right to take part in the Olympic Games.

The  Olympic  identity  and  accreditation  card  establishes  the  identity  of  its
holder  and  constitutes  a  document  which,  together  with  the  passport  or  other
official  travel  document  of  the  holder,  authorises  entry  into  the  country  in
which the city organising the Olympic Games is situated. It allows the holder
to  stay  and  to  perform  his  Olympic  function  there  for  the  duration  of  the
Olympic  Games  and  for  a  period  not  exceeding  one  month  before  and  one
month after the Olympic Games.”

It is the IOC and, by delegation, the Organising Committee of the Olympic Games, who grant
the Olympic identity and accreditation card to all persons eligible for accreditation. The card
is a highly secure document, which gives access to the specific sites where competitions are
held and to other events planned during the Olympic and Paralympic Games.

Participants  in  the  Olympic  Games  are  selected  by  the  IOC,  the  national  Olympic  and
Paralympic  organisations, 
international
federations of Olympic sports and accredited Olympic and national media organisations (the
organisations responsible), on the basis of an accreditation procedure, the details of which are
laid down by the Organising Committee of the Olympic Games.

the  International  Paralympic  Committee, 

the 

The Members of  the  IOC, the National Olympic  Committees,  the  Organising  Committee  of
the  Olympic  Games,  the  managers  of  international  sporting  federations,  the  athletes,  the
coaches and their assistants, the judges, the medical teams accompanying teams or individual
contestants,  duly  accredited  journalists,  senior  executives  of  companies  sponsoring  the
Olympic Games are particularly likely to be chosen as members of the Olympic family.

Under  the  Olympic  Charter,  members  of  the  Olympic  family  must  be  able  to  enter  the
territory  of  the  State  where  the  Games  are  held,  without  having  to  go  through  any  other
procedures or formalities.

In practice, the conditions under which participants in the Olympic and/or Paralympic Games
may enter and move around the territory of the host country are an important factor, playing a
crucial role in the choice of city to host the Games.

2

The  European  Union  has  always  recognised  the  educational  value  of  sport  and  its  major
economic and social  impact.  Thus,  in its  declaration  on  the  specific  characteristics  of  sport,
the Nice European Council of December 2000 called on the Community to take these factors
into  consideration  in  implementing  Community  policies.  Furthermore,  on  6  February  2003,
the European Parliament and the Council decided to proclaim 2004 as the European Year of
Education through Sport.

It  is  therefore  necessary  to  provide  for  temporary  derogation  from  certain  provisions  of  the
acquis communautaire, in particular relating to visas, in order to facilitate to the organisation
of the Olympic Games when they have already been awarded to a city in a Member State, or
to possible applications from European cities to host this great sports festival.

The  acquis  communautaire  on  visas  includes  Regulation  No  539/2001  listing  the  third
countries whose nationals must be in possession of visas when crossing the external borders
of the Member States and those whose nationals are exempt from that requirement,1 and the
procedures and conditions  for issuing visas  as defined by  the Schengen Convention and the
measures taken to  implement it,  in particular the  Common  Consular  Instructions,  which  lay
down  inter  alia  the  type  of  visa  to  be  issued,  the  Member  State  responsible  for  examining
applications and the conditions governing the receipt and examination of applications and the
decision on issuing a visa.

The  purpose  of  applying  these  rules  on  visas  is  first  to  ensure  equitable  treatment  of  third
country  nationals  wishing  to  enter,  reside  in  and  move  between  Member  States  during  a
maximum period of three months, and second to ensure a high level of security, particularly
as regards the prevention of clandestine immigration.

During its 106th session at Lausanne on 5 September 1997 in choosing Athens as host city for
the 2004 Olympic and Paralympic Games, the IOCmade Greece the first Member State, since
the frontier-free Schengen area was established and integrated into the Union framework, on
whose territory the Games will take place.

To  enable  Greece  to  honour  the  undertakings  it  has  given  pursuant  to  the  Olympic  Charter
and to ensure that other cities in the Member States may apply to host the Olympic Games in
future, the EU must adopt specific measures to facilitate the entry into its territory of members
of the Olympic family. Such measures, justified by the exceptional nature of the event, must
not undermine the essential principles and smooth operation of the Schengen area.

Given  this  constraint,  the  proposal  does  not  set  out  to  abolish  the  visa  requirement  for
members  of  the  Olympic  family  who,  because  of  their  nationality,  are  subject  to  that
requirement under Regulation No 539/2001. The arrangements proposed are aimed merely at
facilitating  both  the  procedures  for  submitting  applications  and  the  form  in  which  visas  are
issued. The derogation will apply only for the duration of the Olympic and Paralympic Games
in Athens. It is therefore, by derogation to the rules of the Schengen acquis, that individuals
applying for a visa are not required to present themselves at the  consular services neither to
make  the  application,  nor  to  receive  the  visa,  and  that  the  request  does  not  have  to  be
presented on the  standard form available  for this  purpose.  Furthermore,  the  requirements  as
regards documents to be produced in support of the application for a visa have been relaxed.
Finally, the visa will not be issued in the form of the sticker envisaged in the acquis, but will
be formalised by the marking of a specific number in the Olympic Games accreditation card.

1

As last amended by Regulation No 453/2003 of 6 March 2003, 0J L 69, 13.3.2003, p 10

3

                                                
Nevertheless,  the  system  proposed  in  no  way  affects  the  rules  of  the  Schengen  acquis  as
regards  procedures  and  verifications  required  for  the  purposes  of  public  order  and  public
safety. The period in question runs — for the summer Olympic Games — from 13 July 2004
(one month before the official opening on 13 August) to 29 September 2004 (one month after
the Games close on 29 August) and — for the Paralympic  Games — from 18  August  2004
(one month before the official opening on 18 September) to 29 October 2004 (one month after
the Games close on 29 September).

-

-

-

-

The organisations responsible for proposing the members of the Olympic family will
send  the  Organising  Committee  of  the  Olympic  Games,  at  the  same  time  as  the
request for accreditation, a list of persons subject to the visa requirement who are to
participate in the 2004 Olympic and/or Paralympic Games in Athens.

Basic data relating to the persons concerned, such as their name, forename, sex, date
and place of birth and passport number, type and expiry date will be communicated
on  the  accreditation  card  application  form.  For  each  person  subject  to  the  visa
requirement, the  Organising Committee of the Olympic Games will  send a  copy of
that form to the services responsible for issuing visas in Greece.

After  the  services  responsible  have  examined  each  visa  application  in  accordance
with  the  acquis  communautaire,  they  will  notify  the  Organising  Committee  of  the
Olympic  Games  of  the  numbers  of  the  visas  issued.  The  visa  issued  will  be  a
uniform-format,  multiple-entry  visa  for  a  maximum  period  of  only  three  months
from the date of first entry. If the conditions governing the issue of a uniform visa are
not  met,  the  Greek  authorities  may  issue  visas  with  limited  territorial  validity  to
members of the Olympic family.

The  visa  issued  to  a  member  of  the  Olympic  family  will  be  marked  on  the
accreditation  card  by  a  reference  to  the  number  of  the  visa  and  to  the  passport
number of the person concerned.

During  the  entire  derogation  period,  the  Greek  authorities  must  inform  the  other  Schengen
States of any fact or event likely to have an impact on the level of security in the Schengen
area and transmit any relevant data to them.

The derogation procedure described above does not rule out the possibility of a member of the
Olympic  family  submitting  an  individual  visa  application  in  accordance  with  the  Schengen
acquis.

This  proposal  does  not  concern  members  of  the  Olympic  family  who  are  nationals  of  third
countries  subject  to  a  visa  requirement  and  holders  of  a  residence  permit  or  a  provisional
residence permit issued by one of the Member States implementing the Schengen acquis.

The proposal provides for an evaluation of the derogation arrangements after the Olympic and
Paralympic Games. The Commission will report to the Council and Parliament, on the basis
of a report drawn up by the Greek authorities and any information transmitted by the Member
States concerned. This evaluation will be used to adjust the derogation arrangements, for the
future when a Schengen Member State is to host the Olympic Games.

Where no specific derogations are laid down in  this proposal, the  relevant provisions  of the
acquis communautaire on visas and controls at Member States' external borders will apply.

4

2.

PROPORTIONALITY

Article 5 of the EC Treaty provides that “action by the Community shall not go beyond what
is necessary to achieve the objectives of this Treaty”. The form taken by Community action
must be the simplest form allowing the proposal to attain its objective and to be implemented
as efficiently as possible.

The  proposal  provides  for  a  derogation  from  Community  provisions  on  the  procedures  for
applying for and issuing visas, for members of the Olympic family and limited to the duration
of the 2004 Olympic and Paralympic Games in Athens. The aim is to facilitate these persons'
access to Greek territory, where the Games  will take place,  and  their  transit  through  one  or
more  Member  States,  while  meeting  the  requirements  of  security  in  an  area  where  internal
border controls have been abolished.

By its very nature this objective can be  attained  only  by  Community  action,  as  no  Member
State would have the right to adopt purely national measures designed to achieve the desired
effect.

3.

CONSEQUENCES  IN  RELATION  TO  THE  VARIOUS  PROTOCOLS
ANNEXED TO THE TREATY

The legal basis for the proposal concerns temporary derogations from Community legislation
on  visas  adopted  under  Title  IV  of  the  Treaty  and  is  therefore  affected  by  the  “variable
geometry”  arising  from  the  Protocols  on  the  positions  of  the  United  Kingdom,  Ireland  and
Denmark.  The  proposal  for  a  Regulation  builds  upon  the  Schengen  acquis.  Consideration
must therefore be given to certain consequences arising from the various Protocols:

United Kingdom and Ireland

In accordance with Articles 4 and 5 of the Protocol integrating the Schengen acquis into the
framework  of  the  European  Union,  “Ireland  and  the  United  Kingdom  of  Great  Britain  and
Northern  Ireland, which  are  not  bound  by  the  Schengen  acquis,  may  at  any  time  request  to
take part in some or all of the provisions of the acquis”.

The proposal for a Regulation constitutes a development of the Schengen acquis, in which the
United  Kingdom  and  Ireland  do  not  take  part,  in  accordance  with  Council  Decision
2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain
and  Northern Ireland,  and  Council  Decision  2002/192/EC  of  28 February 2002  concerning
Ireland's  request  to  take  part  in  some  of  the  provisions  of  the  Schengen  acquis.  The
United Kingdom and Ireland are therefore not taking part in its adoption and are not bound by
it or subject to its application.

Denmark

Under the Protocol on the position of Denmark annexed to the EC Treaty, Denmark does not
take part in the adoption by the Council of measures pursuant to Title  IV of the EC Treaty,
with the exception of “measures determining the third countries  whose nationals must be in
possession of a visa when crossing the external borders of the Member States” or “measures
relating to a uniform format for visas” (former Article 100c).

Where  however,  as  in  this  case,  the  proposals  constitute  a  development  of  the  Schengen
acquis,  Article  5  of  the  Protocol  states  that,  “Denmark  shall  decide  within  a  period  of  six

5

months after the Council has decided on a proposal or initiative to build upon the Schengen
acquis under the provisions of Title IV of the Treaty establishing the European Community,
whether it will implement this decision in its national law”.

Norway and Iceland

In accordance with the  first paragraph  of Article  6  of  the  Protocol  integrating the Schengen
acquis, an Agreement was signed on 18 May 1999 between the Council, Norway and Iceland
in  order  to  associate  those  two  countries  with  the  implementation,  application  and
development of the Schengen acquis.2

Article 1 of that Agreement states that Norway and Iceland are associated with the activities
of  the  EC  and  the  EU  in  the  fields  covered  by  the  provisions  referred  to  in  Annexes A
(provisions  of  the  Schengen  acquis)  and  B  (provisions  of  European  Community  acts  which
have replaced corresponding provisions  of — or were  adopted pursuant  to  —  the  Schengen
Convention) to the Agreement, and their further development.

Under Article 2 of the Agreement, Norway and Iceland implement and apply the provisions
of all acts or measures taken by the European Union amending or building upon the integrated
Schengen acquis (Annexes A and B).

The  present  proposal  builds  upon  the  Schengen  acquis  as  defined  in  Annex  A  to  the
Agreement.

The matter must therefore be discussed in the "Mixed Committee" provided for in Article 4 of
the  Agreement  to  allow  Norway  and  Iceland  "to  explain  the  problems  they  encounter  in
respect  of  "  the  measure  and  "to  express  themselves  on  any  questions  concerning  the
development of provisions of concern to them or the implementation thereof".

4.

ARTICLE-BY-ARTICLE COMMENTARY

Article 1

Article 1 defines the purpose of the Regulation, i.e. to grant a derogation with regard to visas
for  members  of  the  Olympic  family  for  the  duration  of  the  2004  Olympic  and  Paralympic
Games:  this  is  a  derogation  limited  to  those  provisions  of  the  acquis,  which  concern
procedures for requesting a visa, issuing it and the format this would take.

Article 2 defines the various terms used:

Article 2

Article 2(1)  refers to  the  "responsible  organisations"  charged  with  proposing  which  persons
may  participate  in  the  2004  Olympic  and/or  Paralympic  Games.  These  organisations  are
responsible for submitting the application for an accreditation card for participants, receiving
accreditation cards and, where appropriate, amending the selection of participants.

2 

OJ L 176, 10.7.99, p. 35.

6

                                                
The  definition  of  persons  eligible  to  be  selected  as  members  of  the  Olympic  family
(Article 2(2))  is  indicative,  listing  those  categories  of  persons  which  are  usually  invited  to
participate in the Olympic and/or Paralympic Games.

Article 2(3) provides for two accreditation cards to be issued, one for the Olympic Games and
the  other  for  the  Paralympic  Games.  The  technical  features  of  these  identity  documents  for
each member of the Olympic family are defined by the Organising Committee of the Olympic
Games in accordance with international security standards.

The proposed definition of the duration of the derogation (Article 2(4)) is necessary in order
to comply with the visa rules laid down by the acquis communautaire (stay of not more than
three  months  in  any  six-month  period),  taking  into  account  the  indicative  duration  of  the
Olympic and Paralympic Games as set out in the Olympic Charter.

This  Article  (paragraphs  5  and  6)  also  defines  the  Organising  Committee  of  the  Olympic
Games and the services responsible for issuing visas.

Article 3

The  conditions  to  be  met  by  members  of  the  Olympic  family  in  order  to  qualify  for  the
proposed derogation are inspired by the conditions of entry laid down by Article 5(1) of the
Schengen Agreement but made more flexible to take account of the specific characteristics of
participation in the Olympic and Paralympic Games (no need to demonstrate compliance with
the conditions of the stay or to have sufficient means of subsistence).

Article 4

This Article provides that the responsible organisations must, together with the application to
the  Organising  Committee  of  the  Olympic  Games  for  an  accreditation  card,  submit  a
collective application  for  visas  for  the  members  of  the  Olympic  family  who  are  required  to
have a visa in accordance with the acquis communautaire.

A  single  application  per  person  is  possible  for  the  entire  duration  of  the  Olympic  and
Paralympic Games.

It  is  the  Organising  Committee  of  the  Olympic  Games  which  forwards  the  collective
application  for  visas  as  well  as  the  documents  relative  to  accreditation  to  the  authorities
responsible for examining visa applications.

Article 5

This  Article  defines  the  issuing  procedure,  stipulating  that  the  visa  is  issued  following
verification  of  whether  the  conditions  mentioned  in  Article  3  have  been  met  (paragraph  1).
The visa issued is a uniform short-stay, multiple-entry visa valid for three months. Within this
period  of  validity,  the  visa  allows  the  holder  to  remain  in  Greece  and  the  other  Schengen
countries.  It  also  authorises  the  holder  to  transit  other  Schengen  countries  on  their  way  to
Greece  to  participate  in  the  Olympic  and/or  Paralympic  Games  or  from  Greece  after
participating in them.

7

The  Greek  authorities  may  issue  a  visa  with  limited  territorial  validity  to  members  of  the
Olympic family who do not fall into the categories set out in Article 3 points c) and d) (i.e.)
those identified for the purposes of refusing entry, or those posing a threat  to public policy,
the national security or the international relations of one of the Member States.

This possibility of issuing a visa with limited territorial validity is a case of the application of
Article  5,  paragraph  2  of  the  Convention  implementing  the  Schengen  Agreements,  which
envisages in a general manner that a visa with limited territorial validity can be issued where
necessary on humanitarian grounds, on grounds of national interest or because of international
obligations.

Article 6

The  competent  authorities  must  transmit  the  numbers  of  the  visas  issued  to  the  Organising
Committee  of  the  Olympic  Games,  which  then  enters  the  visa  and  passport  number  of  the
person concerned on the accreditation card.

In view the exceptional  nature  of  this  event  and its purpose, the  visa is to  be  issued  free  of
charge to members of the Olympic family.

Article 7

Article 8

This Article defines the procedure to be followed in the event that the selection made by the
responsible organisation is  changed  at  the  last  minute.  Since  this  is  a  fairly  common,  albeit
limited, practice, it is proposed that visas  issued  for persons who are no longer members of
the  Olympic  family  should  be  cancelled.  The  Greek  authorities  must  transmit  information
concerning cancellations to the competent authorities of the other Member States responsible
for border checks.

Having a visa cancelled in this way will not preclude the person concerned from being able to
apply for a visa in accordance with the usual procedures.

Article 9

This  provision  lays  down  the  scope  of  border  checks  to  be  carried  out  on  members  of  the
Olympic family. These will  be  limited  to  verification  of  compliance  with  the  conditions  set
out  in  Article  3  of  this  Regulation,  which  are  less  rigid  that  the  normal  rules  applicable  to
checks at the external borders.

8

Article 10

The derogation arrangements will be assessed after the closure of the Paralympic Games. On
the  basis  of  the  report  submitted  by  Greece  six  months  after  that  date  and  any  information
provided by other Member States within the same time limit, the Commission will inform the
European Parliament and the Council of how these derogation arrangements worked.

[Standard final provision.]

Article 11

9

2003/0061 (CNS)

Proposal for a

COUNCIL REGULATION

relating to measures envisaged to facilitate the procedures for applying for and issuing
visas for members of the Olympic family taking part in the 2004 Olympic and/or
Paralympic Games in Athens

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,3

Having regard to the opinion of the European Parliament,4

Whereas:

(1)

(2)

(3)

(4)

(5)

The Olympic Charter envisages for members of the Olympic family a “right of entry”
to the country of the city hosting the Olympic Games, on presentation of the Olympic
accreditation card and their passport or other official travel document, without having
to  go  through  any  procedures  and  formalities  other  than  those  relating  to  the
accreditation card.

The organisations responsible choose and propose the persons who may participate in
the  Olympic  and/or  Paralympic  Games  as  members  of  the  Olympic  family,  in
accordance with the accreditation procedure laid down by the Organising Committee
of the Olympic Games.

The  Organising  Committee  of  the  Olympic  Games  issues  accreditation  cards  to
members of the Olympic family. The accreditation card is a highly secure document,
which  gives  access  to  the  specific  sites  where  competitions  are  held  and  to  other
events planned during the Olympic and Paralympic Games, in view of the fact that the
Games may be the target of terrorist attacks.

Greece is organising the 2004 Olympic  and Paralympic Games in Athens,  this being
the first time that such an event has been organised by  a  Member State participating
fully in the frontier-free Schengen area.

To enable Greece to organise the Olympic and Paralympic Games and in view of the
obligations  arising  from  the  Olympic  Charter,  the  Union  must  establish  legislation
facilitating the issue of visas to members of the Olympic family.

3

4

OJ C , , p. .
OJ C , , p. .

10

                                                
(6)

(7)

(8)

There is therefore a need to provide for a temporary derogation for the duration of the
Olympic and Paralympic Games for members of the Olympic family who are nationals
of third countries subject to the  visa  requirement  under Council Regulation (EC)  No
539/2001  of  15  March  2001  listing  the  third  countries  whose  nationals  must  be  in
possession of visas when crossing the external borders and those whose nationals are
exempt from that requirement.

The  scope  of  this  derogation  should  be  limited  to  the  provisions  of  the  acquis
concerning the submission of visa applications, the issuing of visas and their format.
Equally, the methods of controlling the external boarders should be adapted within the
limits necessary to take into account changes in the visa system.

Visa applications for members of the Olympic family taking part in the Olympic and
Paralympic Games  in  Athens  shall  be  submitted to  the Organising Committee of the
Olympic Games via the organisations responsible at the same time as the application
for accreditation. The accreditation application form shall contain basic data relating to
the persons  concerned, such as  their  name,  sex,  date  and  place  of  birth  and  passport
number,  type  and  expiry  date.  These  applications  shall  be  forwarded  to  the  Greek
services responsible for issuing visas.

(9)

Irrespective of the provisions of this Regulation, members of the Olympic family may
still  submit  individual  applications  for  visas  in  accordance  with  the  relevant  acquis
communautaire.

(10) Where no specific provisions are laid down in this Regulation, the relevant provisions
of the acquis communautaire on visas and controls at Member States' external borders
will apply. This Regulation does not apply to members of the Olympic family who are
nationals  of  third  countries  subject  to  a  visa  requirement  and  holders  of  a  residence
permit or a provisional residence permit issued by one of the Member States forming
part of the frontier-free Schengen area.

(11)

(12)

The derogation arrangements established by this Regulation must be evaluated in the
light of the experience of putting them into practice. Provision must therefore be made
for an evaluation after the Olympic and Paralympic Games.

the  Olympic  family  and 

In  order  to  give  effect  to  the  main  objective  of  facilitating  the  issue  of  visas  to  the
members  of 
the  principle  of
proportionality, it is necessary and  appropriate to  adopt this  temporary  derogation  to
certain community provisions. This regulation does not go beyond what is  necessary
to  achieve  the  objective  envisaged,  in  conformity  with  Article  5,  paragraph  3  of  the
Treaty

in  accordance  with 

(13) As  regards  the  Republic  of  Iceland  and  the  Kingdom  of  Norway,  this  Regulation
constitutes  a  development  of  the  provisions  of  the  Schengen  acquis  and  thus  falls
within  the  area  defined  in  Article  1  (B)  of  Council  Decision  1999/437/EC  of
17 May 1999 on certain arrangements for the application 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.5

5

OJ L 176, 10.7.1999, p. 31.

11

                                                
(14)

(15)

(16)

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark
annexed to the Treaty on European Union and to the Treaty establishing the European
Community,  Denmark  is  not  taking  part  in  the  adoption  by  the  Council  of  this
Regulation  and  is  therefore  not  bound  by  it  or  subject  to  its  application.  However,
since this Regulation builds upon the Schengen acquis under Title IV of Part Three of
the Treaty  establishing  the  European  Community,  Denmark  will,  in  accordance  with
Article 5 of that Protocol, decide within a period of six months after the Council has
adopted this Regulation whether or not it will implement it in its national law.

This  Regulation  constitutes  a  development  of  the  Schengen  acquis,  in  which  the
United Kingdom does not take part in accordance with Articles 4 and 5 of the Protocol
integrating the Schengen acquis into the framework of the European Union, annexed
to  the  Treaty  on  European  Union  and  to  the  Treaty  establishing  the  European
Community,  so  that  the  United  Kingdom  is  not  taking  part  in  the  adoption  of  this
Regulation and is not bound by it or subject to its application.

This  Regulation constitutes  a  development  of  the  Schengen  acquis,  in  which  Ireland
does not take part in accordance with Articles 4 and 5 of the Protocol integrating the
Schengen acquis into the framework of the European Union, annexed to the Treaty on
European  Union  and  to  the  Treaty  establishing  the  European  Community,  so  that
Ireland is not taking part in the adoption of this Regulation and is not bound by it or
subject to its application,

HAS ADOPTED THIS REGULATION:

Chapter I

PURPOSE AND DEFINITIONS

Article 1

Purpose

This  Regulation  establishes  specific  provisions  introducing  a  temporary  derogation  from
certain  provisions  of  the  Schengen  acquis  concerning  the  procedures  for  applying  for  and
issuing visas  for  members of the Olympic family for  the duration  of the 2004 Olympic and
Paralympic Games in Athens.

Apart  from  these  specific  provisions  the  relevant  provisions  of  the  Schengen  acquis
concerning procedures for applying for and issuing the uniform visa remain in force.

Article 2

Definitions

For the purposes of this Regulation:

(1) 

"Responsible organisations" means the official organisations, in terms of the Olympic
Charter,  which  are  entitled  to  submit  lists  of  members  of  the  Olympic  family  to  the

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(2) 

(3) 

(4) 

(5) 

Organising  Committee  of  the  2004  Olympic  Games  with  a  view  to  the  issue  of
accreditation cards for the 2004 Olympic and/or Paralympic Games;

"Member  of  the  Olympic  family"  means  any  persons  who  are  members  of  the
International  Olympic  Committee, 
International  Paralympic  Committee,
the 
International  Federations,  the  National  Olympic  and  Paralympic  Committees,  the
Organising Committees of the Olympic Games and the national associations, such as
athletes,  judges/referees,  coaches  and  other  sports  technicians,  medical  personnel
attached  to  teams  or  individual  sportsmen/women  and  media-accredited  journalists,
senior executives, donors, sponsors or other official invitees, who agree to be guided
by  the  Olympic  Charter,  act  under  the  control  and  supreme  authority  of  the
International  Olympic  Committee,  are  included  on  the  lists  of  the  responsible
organisations and are accredited by the Organising Committee of the 2004 Olympic as
participants in the 2004 Olympic and/or Paralympic Games;

"Olympic  accreditation  card"  means  one  of  two  secure  documents,  one  for  the
Olympic  Games  and  one  for  the  Paralympic  Games,  bearing  a  photograph  of  its
holder, establishing the identity of the member of the Olympic family and authorising
access  to  the  facilities  at  which  competitions  are  held  and  to  other  events  scheduled
during the period of the Olympic and Paralympic Games;

"Duration  of  the  Olympic  Games  and  Paralympic  Games"  means  the  period  from
13 July 2004  to  29  September 2004  for  the  2004  Summer  Olympic  Games  and  the
period  from  18  August 2004  to  29 October 2004  for  the  2004  Autumn  Paralympic
Games;

"Organising  Committee  of  the  2004  Olympic  Games"  means  the  Committee  set  up
under  Article 2  of  Greek  Law  2598/1998  to  organise  the  2004  Olympic  and
Paralympic  Games  in  Athens,  which  decides  on  accreditation  of  members  of  the
Olympic family taking part in those Games;

(6) 

"Services  responsible  for  issuing  visas"  means  the  services  designated  in  Greece  to
examine applications and issue visas to members of the Olympic family.

Chapter II

ISSUE OF VISAS

Article 3

Conditions which must be met for a visa to be issued to a member of the Olympic family

A visa may be issued pursuant to this Regulation only where the person concerned:

a).

b)

has  been  designated  by  one  of  the  responsible  organisations  and  accredited  by  the
Organising Committee of the 2004 Olympic Games as a participant in the Olympic
and/or Paralympic Games

holds  a  valid  travel  document  authorising  the  crossing  of  the  external  borders,  as
referred to in Article 5 of the Schengen Agreement,

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c)

d)

1

2

3

4

1

2

3

has not been identified for non-admission,

is not deemed liable to undermine public order, national security or the international
relations of one of the Member States.

Article 4

Filing of the application

Where a responsible organisation draws up a list of the persons selected to take part
in the Olympic and/or Paralympic Games, it may, together with the application for an
Olympic accreditation card for the persons selected, file a collective  application for
visas  for  those  persons  selectedwho  are  required  to  be  in  possession  of  a  visa  in
accordance with Council Regulation (EC) No 539/2001.

Collective applications for visas for the persons concerned shall be forwarded at the
same  time  as  applications  for  the  issue  of  an  Olympic  accreditation  card,  to  the
Organising Committee of the 2004 Olympic Games in accordance with the procedure
established by it.

A  single  visa  application  per  person  shall  be  filed  for  persons  taking  part  in  the
Olympic and Paralympic Games.

The Organising Committee of the 2004 Olympic Games shall forward to the services
responsible for issuing visas collective applications for visas as quickly  as possible,
together with copies of applications for the issue of an Olympic accreditation card for
the persons concerned, bearing their name, forename, sex, date and place of birth and
passport number, type and expiry date.

Article 5

Examination of the collective application for visas and type of the visa issued

The visa shall be issued by the services responsible for the issue of visas following
an examination designed to ensure that the conditions set out in Article 3 are met.

The visa issued shall be a uniform short-stay, multiple entry visa authorising a stay of
ninety (90) days for the duration of the Olympics and/or Paralympic Games.

Where the member of the family concerned does not meet the conditions set out in
Article 3 points c) and d), the services responsible for issuing visas may issue a visa
with  limited  territorial  validity  in  conformity  with  Article  5,  paragraph  2  of  the
Convention implementing the Schengen agreement.

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Article 6

Form of the visa

1

2

The  visa  shall  take  the  form  of  two  numbers  being  entered  on  the  Olympic
accreditation  card.  The  first  number  shall  be  the  visa  number.  In  the  case  of  a
uniform visa, this number shall be made up of seven (7) characters comprising six (6)
digits preceded by the letter "C". In the case of a visa with limited territorial validity,
this  number  shall  be  made  up  of  eight  (8)  characters  comprising  six  (6)  digits
preceded by the letters "GR". The second number shall be the number of the passport
of the person concerned.

The  services  responsible  for  issuing  visas  shall  forward  the  visa  numbers  to  the
Organising  Committee  of  the  2004  Olympic  Games  for  the  purposes  of  issuing
accreditation cards.

Article 7

Waiver of Fees

The processing of visa applications and the issue of visas shall not give rise to any fees being
charged by the services responsible for issuing visas.

Chapter III

OTHER ASPECTS

Article 8

Cancellation of a visa

Where  the  list  of  persons  put  forward  as  participants  in  the  Olympic  and/or  Paralympic
Games  is  amended  before  the  Games  begin,  the  responsible  organisations  shall  inform  the
Organising Committee of the 2004 Olympic Games thereof so that the accreditation cards of
the persons removed from the list can be revoked. The Organising Committee of the Olympic
Games  shall  then  inform  the  services  responsible  for  issuing  visas  thereof,  notifying  the
numbers of the visas in question.

The  services  responsible  for  issuing  visas  shall  cancel  the  visas  of  the  persons  concerned.
They  shall  inform  the  authorities  responsible  for  border  checks  thereof,  and  the  latter  shall
forward this information to the competent authorities of the other Member States.

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Article 9

External border checks

When  crossing  the  external  borders  of  the  Member States,  the  entry  checks  carried  out  on
members of the Olympic family shall be limited to verifying compliance with the conditions
set out in Article 3.

Article 10

Information for the European Parliament and the Council

Not later than six months after the close of the Paralympic  Games,  Greece  shall transmit to
the Commission a report on the various aspects of the implementation of the provisions of this
Regulation.

On the basis of this report and any information supplied  by  other Member States within the
same  time  limit,  the  Commission  shall  draw  up  an  assessment  of  the  functioning  of  the
derogation in respect of the issue of visas to members of the Olympic family, as provided for
by this Regulation, and shall inform the the European Parliament and the Council thereof.

Article 11

Entry into force

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

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,

For the Council
The President

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