Proposal for a Council Regulation laying down the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the convention implementing the Schengen agreement and the common manual to this end
Date: 2003-11-06
Institutions: European Commission
Subjects: admission of aliens, external border of the EU, foreign national, residence permit, ticket

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 6.11.2003
COM(2003) 664 final

2003/0258 (CNS)

Proposal for a

COUNCIL REGULATION

laying down the requirement for the competent authorities of the Member States to
stamp systematically the travel documents of third-country nationals when they cross
the external borders of the Member States and amending the convention implementing
the Schengen agreement and the common manual to this end

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. INTRODUCTION

The Schengen acquis incorporated into the framework of the European Union contains rules
on the entry, short stay and movement of third-country nationals, notably in Articles 5, 20 and
23  of  the  Convention  implementing  the  Schengen  Agreement.  These  provisions  state  that
third-country nationals who have legally entered the territory of the Member States have the
right, as long as they satisfy the relevant conditions, to remain within the Schengen area for a
maximum  of  three  months  during  the  six  months  following  the  date  of  first  entry.  It  is  also
stipulated  that  third-country  nationals  who  no  longer  satisfy  the  relevant  conditions  must
leave the territory of the Member States immediately.  It transpires from all  these provisions
that the dates on which the third-country national crossed the external borders of the Member
States need to be checked in order to work out the total duration of the stay and to ascertain
whether that person's situation is legal in respect of this condition.

The  Common  Manual  provides  in  point  2.1  of  Part  II  that  stamps  showing,  among  other
things,  the  date  and  the  name  of  the  border  post  concerned  are  to  be  affixed  to  the  travel
documents  of  third-country  nationals,  enabling  them  to  cross  the  external  borders.  These
provisions  state  that  the  travel  documents  of  all  third-country  nationals,  apart  from  a  few
exceptional  cases  which  are  explicitly  mentioned,  must  be  stamped  at  the  moment  of  entry
into the Schengen area, regardless of whether these persons are subject to or exempt from the
visa requirement. However, these same provisions are less binding as regards the obligation to
stamp the travel documents when the person leaves the Schengen area. Only point 2.1.2 refers
to the affixation of an exit stamp, and only in the case of documents which contain a multiple-
entry visa with a restriction on the total length of stay.

Furthermore,  point  1.3.5  of  Part  II  of  the  Common  Manual,  adopted  on  the  basis  of
Article 6(2)(e)  of  the  Convention,  provides  for  the  possibility  of  relaxing  checks  at  land
borders  as  a  result  of  special  circumstances,  notably  relating  to  the  intensity  of  traffic.  It  is
stated that, under these circumstances, the officials responsible are to give priority to checks
on entry movements over checks on exit movements.

2.  WHY  IS  A  NEW  LEGISLATIVE  PROPOSAL  NECESSARY  AND  WHAT  DOES  IT
CONTAIN?

The ambiguity of the Schengen acquis provisions in this area has led to divergent procedures
in the Member States. It has been found during Schengen evaluation visits and debates in the
relevant  Council  groups  and  bodies  that,  in  many  cases,  third-country  nationals  enter  the
Schengen area legally without their travel document having an entry stamp affixed when they
cross the external border. This is the case, for example:

-  when,  in  certain  airports,  specific  nationalities  are  exempted  from  having  their  travel
documents  stamped  because  of  the  low  risk  of  illegal  immigration  represented  by  those
nationalities;

- when, at certain external land borders, the rules are regularly relaxed in order to avoid long
queues;

- when checks are carried  out  on  trains by  mobile  teams  which  do  not  have  the  capacity  to
check the documents of all passengers.

2

Since  the  situation  described  here  has  created  difficulties  in  checking  compliance  with  the
condition regarding the duration of short stays of third-country nationals on the territory of the
Member States, it is necessary both to clarify the existing rules on stamping travel documents
and  to  lay  down  the  conditions  in  which  the  absence  of  an  entry  stamp  on  the  travel
documents of third-country nationals may be taken as a presumption of the illegality of their
stay.

In the  context  of  the harmonisation and  strengthening  of  checks  at  external  borders  and  the
fight against illegal immigration, the Justice and Home Affairs Council of 19 December 2002
adopted  conclusions  aiming  at  the  systematic  implementation  of  the  rule  that  aliens'  travel
documents should be stamped during checks carried out at external border crossing points. To
this  end,  it  called  on  the  Commission  to  consider  proposals  which  would  be  likely  to
harmonise practices relating to the affixation of stamps on travel documents, also with a view
to  enlargement,  and  to  examine  the  consequences  of  the  absence  of  entry  stamps  on  travel
documents, including the question of the presumption of illegal residence.

In  response  to  this  invitation,  the  Commission  proposed  to  the  Justice  and  Home  Affairs
Council  of  27  and  28  February  2003  a  set  of  practical  measures  that  would  be  adopted
gradually so as to take account of any practical difficulties in adapting them encountered by
Member State  authorities.  It  indicated  that  these  measures,  all  of  which  the  Member  States
have  undertaken  to  respect,  should  include,  in  the  form  of  a  Community  Regulation,  the
Member  States'  obligations  with  regard  to  the  stamping  of  the  travel  documents  of  third-
country  nationals  when  they  cross  external  borders  as  from  1 May  2004  and  that  the
consequences of the absence of an entry stamp on such documents should be determined.

In addition, the special security characteristics of the uniform entry and exit stamps used by
the  Member  States  at  external  border  crossing  points  that  stem  from  the  conclusions  of  the
Justice  and  Home  Affairs  Council  of  5  and  6  June  2003  constitute  a  measure  guaranteeing
that the authenticity of the stamps affixed to the travel documents of third-country nationals
can  be  checked  and  making  them  the  basis  for  the  presumption  of  legal  entry  into  the
territory.

This  initiative  is  intended  to  translate  into  reality  the  Member  States'  obligation  to  stamp
travel  documents  now  that  the  conditions  are  in  place  to  lessen  the  practical  difficulties
mentioned  above  since  various  measures  for  managing  external  borders  that  are  likely  to
allow  greater  fluidity  in  checks  on  travellers  have  either  already  been  or  will  shortly  be
adopted. For example, the provisions requiring the Member States to provide separate lanes,
duly  differentiated  by  signs  and  adapted  to  the  type  of  check  to  which  travellers  are,  in
principle, subject by reason of their nationality, and the rules on local border traffic will make
the  obligation  to  stamp  travel  documents  easier.  Furthermore,  from  1 May 2004,  the
proportion  of  third-country  nationals  crossing  land  borders  in  particular  will  diminish
considerably following the accession of the new Member States, whose nationals will become
full citizens of the European Union. The number of travel documents to be stamped at these
borders will thus be reduced.

This initiative follows up the guidelines adopted by the Council and is being presented before
the recasting of the Common Manual because of its own intrinsic importance and in view of
the timetable for the accession of new members. The recasting of the Common Manual is a
necessarily complex exercise which requires preparatory work and negotiations; it is difficult
to predict how long this will take. The fact that these questions are being addressed separately
is  without  prejudice  to  their  close  complementarity  or  to  the  need  to  take  account  of  them
when any new text is adopted.

3

The priority given to this Regulation can also be justified by the fact that some Member States
are  already  responding  to  the  absence  of  an  entry  stamp  on  third-country  nationals'  travel
documents by taking these people back to the border.

The  obligation  under  this  Regulation  to  stamp  travel  documents  systematically  does  not  in
any  event  constitute  a  new  condition  for  entry,  short  stay  or  movement  by  third-country
nationals  in  the  territory  of  the  Member  States.  It  is  though  intended  to  strengthen  the
instruments  that  the  Member  States  have  at  their  disposal  to  monitor  checks  on  the  sole
condition for short-term stays.  Its implementation will require  considerable logistical efforts
on the part of the Member States, which is why systematic stamping is currently required only
for  entry  checks.  Subsequently,  however,  it  will  have  to  be  considered,  in  the  light  of  the
impact  assessment  for  the  Regulation,  whether  it  is  appropriate  to  impose  the  same
requirement for exit checks.

If this obligation to stamp documents is to be met and if the implications for the decision on
the  legality  of  their  stay  of  the  absence  of  a  stamp  on  third-country  nationals'  travel
documents are to be taken on board, the conditions in which a relaxation of checks on persons
at  external  borders  can  be  adopted  must  be  reviewed.  It  will  no  longer  be  possible  to  take
these  measures  except  in  exceptional,  unforeseen  circumstances  requiring  immediate  action
by  the  competent authorities. The Member  State  concerned will have to  inform the Council
and  Commission  of  these  as  quickly  as  possible.  The  notification  will  serve  to  verify  the
accuracy of any declaration by persons whom, when questioned because their travel document
does not carry a stamp, states that they crossed the border at a time when a measure relaxing
the  rules  was  in  force..  In  any  case,  third-country  nationals  must  be  warned  that  they  may
have  to  subsequently  prove  the  legality  of  the  length  of  their  stay  on  the  territory  of  the
Member States if their travel document does not bear an entry stamp specifying their date of
arrival on the territory of the Member States. They will also be able to request expressly that
their travel document be stamped even if a measure relaxing checks on external borders is in
force.

3. LEGAL BASIS

In its Decision (1999/436/EC) of 20 May 1999 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 provisions or decisions which constitute the Schengen
acquis, the Council identified Article 62(2)(a) of the EC Treaty as the appropriate legal basis
in the Treaties for the provisions laid down in the Chapter on "Crossing External Borders".

This Regulation develops the Schengen acquis as regards the conditions of entry, short  stay
and movement of third-country nationals provided for in that Chapter.

Accordingly, Article 62(2)(a) of the EC Treaty should be taken over as the legal basis for this
Regulation.

4. SUBSIDIARITY AND PROPORTIONALITY

Article 5 of the EC Treaty stipulates that "Any action by the Community shall not go beyond
what  is  necessary  to  achieve  the  objectives  of  the  Treaty."  The  form  taken  by  Community
action must be the simplest possible that will allow the proposal to attain its objective and to
be implemented as efficiently as possible.

4

This proposal for a Regulation develops the Schengen acquis. It is intended to clarify the
existing obligations on the Member States as regards the stamping of the travel documents of
third-country nationals.

Because of its very nature, only Community action can achieve this objective. National action
alone could not produce rules that would apply to all the Member States.

5. CONSEQUENCES OF THE VARIOUS PROTOCOLS ANNEXED TO THE TREATY

The  legal  basis  for  this  Regulation  is  found  in  Title  IV  of  the  Treaty  and  constitutes  a
development  of  the  Schengen  acquis.  It  must  therefore  be  proposed  and  adopted  in
compliance with the Protocols annexed to the Amsterdam Treaty on the position of the United
Kingdom, Ireland and Denmark.

Consequences of these 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 this acquis."

The proposed Regulation develops the provisions of the Schengen acquis, in which the United
Kingdom  and  Ireland  do  not  take  part,  in  accordance  with  Council  Decision  2000/365/EC
concerning the request of the United Kingdom of Great Britain and Northern Ireland to take
part  in  some  of  the  provisions  of  the  Schengen  acquis  and  with  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 the adoption  of  the  Regulation,  which  is  not  binding  on  them  and  does  not  apply  to
them.

Denmark

In  accordance  with  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  visas  when  crossing  the  external  borders",  or  "measures
relating to a uniform format for visas" (former Article 100).

However,  when,  as  is  the  case  here,  these  proposals  develop  the  Schengen  acquis,  then  in
accordance with Article 5 of the Protocol "Denmark shall decide within a period of 6 months
after the Council has decided on a proposal or initiative to develop 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.

5

Article  1  of  the  Agreement  provides  that  Norway  and  Iceland  are  to  be  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.

Pursuant  to  Article  2,  the  acts  and  measures  adopted  by  the  European  Union  to  amend  or
supplement  the  Schengen  acquis  which  has  been  integrated  (Annexes  A  and  B)  are
implemented and applied by Norway and Ireland.

The  proposal  presented  develops  the  Schengen  acquis  as  defined  in  Annex A  to  the
Agreement.

The  matter  should  therefore  be  examined  in  the  "Mixed  Committee",  as  provided  for  in
Article 4 of the Agreement, in order to give Norway and Ireland the opportunity "to explain
the problems they encounter in respect of [this] measure" and "to express themselves on any
questions concerning the development of provisions of concern to them or the implementation
thereof".

6. COMMENTARY ON THE ARTICLES

Article 1

Article 1 defines the objectives of the regulation, namely:

-  to  establish  the  obligation  for  the  Member  States  to  stamp  systematically  third-country
nationals' travel documents on entry at the external borders of the Member States;

- to specify the conditions in which the absence of an entry stamp on third-country nationals'
travel  documents  may  constitute  a  basis  for  the  presumption  of  illegal  residence  on  the
territory of the Member States.

Article 2

This Article amends the Convention implementing the Schengen Agreement.

Paragraph 1  amends  Article  6(2)(e), limiting situations  where  a  relaxation  of  checks  can  be
justified  to  exceptional,  unforeseen  circumstances  requiring  immediate  steps  to  be  taken.  It
also  stipulates  that  the  Member  State  concerned  is  to  inform  the  Council  and  Commission
accordingly as quickly as possible.

Paragraph  2  inserts  an  Article  6a,  setting  out  the  obligation  to  stamp  systematically
third-country nationals' travel documents on entry at external border crossings.

Paragraph 3 inserts an Article 23a, paragraph 1 of which stipulates that, in the absence of an
entry stamp on the travel document of a third-country national, it may be presumed that such
person has exceeded the duration of the authorised short stay. Paragraph 2 of this new Article
states that the person concerned may of overturn the presumption established in the preceding
paragraph by providing proof of and information on the actual length of the stay; a number of
examples of such proof or information are given. A bona fide third-country national will thus
have numerous opportunities to demonstrate the legality of his stay. Lastly, in the event of the
presumption  not  being  overturned,  paragraph  3  of  Article  23a  gives  the  competent  national
authorities the possibility of applying the provisions of paragraphs 3 to 5 of Article 23.

6

Article 3

This  Article  makes  the  necessary  changes  to  the  Common  Manual  in  points  1.3.5,  1.3.5.4,
2.1.1, 2.1.5, and 3.4.2.3 of Part II.

In point 1.3.5 it is stated that checks on the land borders may be relaxed as a consequence of
exceptional, unforeseen circumstances. This may be the case, for example, if a major accident
blocks  the  normal  traffic  routes  or  if  sudden  international  transport  strikes  lead  to  such  an
inflow of people that it is impossible to carry out checks even if all the available resources are
deployed.

The inclusion of new point 1.3.5.4 is designed to enable third-country nationals who expressly
request it to have their travel document stamped even if checks are relaxed.

The amendments to point 2.1.1 set out the principle of systematic affixation of entry stamps
and specify the cases where this does not apply (EU citizens and other persons who enjoy the
same right to freedom of movement).

Point 2.1.5 is amended by deleting the reference to Swiss nationals in the second indent and
by adding a fifth indent exempting from the stamping requirement persons covered by local
border traffic arrangements.

The third paragraph added to point 3.4.2.3 extends the obligation for the locally responsible
control authorities to stamp the travel  documents  of  third-country  nationals  who  so  request,
including at external maritime sea borders.

Article 4

This  article  takes  account  of  the  need  to  provide  correct,  appropriate  information  to  those
concerned by this Regulation with a view to equitable application of the measures set out in it.

Article 5

Paragraphs 1 and 3 are standard final provisions.

Paragraph 2 provides that the Regulation is to apply from 1 May 2004, the scheduled date for
the accession of the new Member States.

7

2003/0258 (CNS)

Proposal for a

COUNCIL REGULATION

laying down the requirement for the competent authorities of the Member States to
stamp systematically the travel documents of third-country nationals when they cross
the external borders of the Member States and amending the convention implementing
the Schengen agreement and the common manual to this end

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,1

Having regard to the opinion of the European Parliament,2

Whereas:

(1) 

(2) 

(3) 

The  European  Council  held  in  Seville  on  21  and  22  June  2002  called  for  closer  co-
operation  in  combating  illegal  immigration  and  called  on  the  Commission  and  the
Member States  to take operational steps to ensure an equivalent level  of  control  and
surveillance of external borders.

The  provisions  of  the  convention  implementing  the  Schengen  Agreement  of  14
June 19853,and  of  the  common  manual4  concerning  the  crossing  of  external  borders
lack  clarity  and  precision  as  regards  the  obligation  to  affix  stamps  to  the  travel
documents of third-country nationals when they cross external borders. Consequently,
they  lead  to  divergent  practices  in  the  Member  States  and  make  it  difficult  to  check
whether the duration of short stays for such third-country nationals on the territory of
the  Member  States  is  adhered  to,  namely  a  maximum  of  three  months  in  any  six-
month period.

The  Justice  and  Home  Affairs  Council  of  27  and  28  February 2003  approved  the
Commission's intention to clarify the existing rules in this area, notably by specifying,
by  way  of  a  Community  regulation  the  obligation  for  the  Member  States  to  stamp
systematically  third-country  nationals'  travel  documents  on  entry  at  external  border
crossings.  The  Commission  is  therefore  called  on  to  take  the  appropriate  initiatives
and  to  provide  for  action  in  response  to  the  absence  of  an  entry  stamp  on  such
documents.

1

2

3

4

OJ C [... ], [... ] , p. [... ].
OJ C [... ], [... ] , p. [... ].
OJ L 239, 22.9.2000, p. 19. Convention modified by decision 2003/170/JAI (OJ L 67, 12.3.2003, p. 27).
OJ C 313, 16.12.2002, p. 97.

8

                                                
(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

The  conclusions  adopted  by  the  Justice  and  Home  Affairs  Council  of  8 May 2003
concerning the installation of separate lanes at external borders, duly differentiated by
signs  depending  on  the  nationality  of  travellers,  and  the  presentation  of  a  proposal
intended  to  lay  down  specific  rules  on  local  border  traffic  will  improve  the
management  of  external  borders  by  the  services  responsible,  making  it  easier  to
overcome any practical difficulties arising from the requirement to stamp third-country
nationals'  travel  documents  systematically.  These  measures  will  also  help  to  ensure
that any measures relaxing checks on persons at external borders are exceptional.

The  obligation  on  the  Member  States  to  stamp  third-country  nationals'  travel
documents systematically when they enter the territory of the Member States and the
limitation regarding the circumstances in which measures relaxing checks on persons
at  external  borders  may  be  adopted  provide  the  possibility  of  presuming,  in  the
absence of a stamp on such travel documents, that their holder is in an illegal situation
as regards the condition of the duration of a short stay. However, it must be possible to
overturn this presumption by any form of proof that can demonstrate the legality of the
duration of the stay.

The  obligation  to  stamp  third-country  nationals'  travel  documents  must  be  applied
uniformly by the Member States. To this end, it is necessary to fix a date after which
all the Member States are to implement this obligation systematically.

The convention implementing the Schengen Agreement and the common manual must
be amended accordingly.

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  of  this  Regulation  and  is
therefore  not  bound  by  it  or  subject  to  its  application.  Given  that  this  Regulation  is
intended to build on the Schengen acquis by applying the provisions of title IV of Part
Three  of  the  Treaty  establishing  the  European  Community,  Denmark,  acting  in
accordance  with  Article  5  of  the  Protocol  mentioned  above,  is  to  decide  within  six
months after the Council has adopted this Regulation whether it will implement it in
its national law.

As  far  as  Iceland  and  Norway  are  concerned,  this  Regulation  constitutes  a
development  of  the  provisions  of  the  Schengen  acquis,  as  provided  for  in  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 acquis5 falling
within the area referred to in Article 1(B) of Council Decision 1999/437/EC of 17 May
1999 on certain arrangements for the application of that Agreement6.

(10)  This Regulation constitutes a development of the provisions of the Schengen acquis in
which the United Kingdom is not participating, in accordance with Council Decision
2000/365/EC of 29 May 2000 on the request by the United Kingdom of Great Britain
and Northern  Ireland to take part in some of the provisions of the Schengen acquis7.

5

6

7

OJ L 176, 10.7.1999, p. 36.
OJ L 176, 10.7.1999, p. 31.
OJ L 131, 1.6.2000, p.43.

9

                                                
Consequently, the United Kingdom is not taking part in its adoption and is not bound
by it or subject to its application.

(11)  This Regulation constitutes a development of the provisions of the Schengen acquis in
which Ireland is not taking part, in accordance with Council Decision 2002/192/EC of
28 February 2002 on the request by Ireland to take part in some of the provisions of
the Schengen  acquis8. Consequently,  Ireland is  not  taking  part  in  its  adoption  and  is
not bound by it or subject to its application.

(12)  This  Regulation  constitutes  an  act  building  upon  or  related  to  the  Schengen  acquis

within the meaning of Article 3(1) of the Act of Accession,

HAS ADOPTED THIS REGULATION:

The purpose of this Regulation is:

Article 1

– 

– 

to  lay  down  the  obligation  for  the  competent  authorities  of  the  Member  States  to
stamp  systematically  third-country  nationals'  travel  documents  when  they  cross  the
external borders of the Member States;

to  specify  the  conditions  in  which  the  absence  of  an  entry  stamp  on  third-country
nationals' travel documents may constitute a presumption that the authorised duration
of  a  short  stay  by  such  nationals  on  the  territory  of  the  Member  States  has  been
exceeded.

Article 2

The convention implementing the Schengen Agreement is hereby amended as follows:

1)

Article 6(2)(e) is replaced by the following text:

"e)  if  in  exceptional  and  unforeseen  circumstances  requiring  immediate  measures
such checks cannot be carried out, priorities must be set.  In that case,  entry  checks
shall  as  a  rule  take  priority  over  exit  checks.  The  Member  State  concerned  must
inform the Council and Commission accordingly as quickly as possible."

2)

The following Article 6a is inserted:

"The travel documents of third-country nationals referred to in Article 6(2)(a), shall
be systematically stamped on entry."

3)

The following Article 23a is inserted:

1.

If the travel document of a third-country national does not bear an entry stamp,
the  competent  national  authorities  may  presume  that  it  does  not  respect  the
condition relating to the applicable duration of a short stay.

8

OJ L 64, 7.3.2002, p. 20.

10

                                                
2.

3.

This  presumption  may  be  overturned  by  the  third-country  national  by
demonstrating by any means that he has respected the condition relating to the
duration of a short stay. To this end, he may provide evidence such as transport
tickets, proof of his presence abroad or declarations pursuant to Articles 22 and
45.

In the event of the presumption aimed at paragraph 1 not being overturned, the
competent authorities may apply the provisions of Article 23(3)(4) and (5)."

Article 3

Part II of the common manual is amended as follows:

1.

Point 1.3.5 is replaced by the following:

"Checks  at  land  borders  may  be  relaxed  as  a  result  of  exceptional  and  unforeseen
circumstances. This will be the case where unforeseen events lead to such intensity
of traffic that the delay in the time taken to reach checking posts becomes excessive,
and all resources have been exhausted as regards staff, facilities and organisation."

2.

Point 1.3.5.4 which follows is added:

"Even  in  the  event  of  checks  being  relaxed,  the  officials  locally  responsible  for
border  checks  must  stamp  the  travel  documents  of  third-country  nationals  who  so
request."

3.

Point 2.1.1 is amended as follows:

(a) The first sentence of subparagraph 1is replaced by the following:

"When the territory of a Member State is entered, a stamp shall be affixed to: [...]".

(b) Subparagraph 2 is replaced by the following:

"No entry stamp shall be affixed to the documents of citizens of the European Union,
nationals  of  the  countries  of  the  European  Economic  Area,  nationals  of  the  Swiss
Confederation,  nationals  of  third  countries,  family  members  of  citizens  of  the
European Union exercising their right to freedom of movement.

4.

Point 2.1.5 is amended as follows:

(a) the second indent is replaced by the following:

"- on documents  enabling  nationals of Andorra,  Malta, Monaco  and  San Marino to
cross the border,"

(b) the following fifth indent is added:

"- in the case of persons benefiting from local border traffic arrangements."

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5.

In point 3.4.2.3, the following third subparagraph is added:

"Even  in  the  event  of  a  relaxation  of  the  checks,  the  officials  responsible  must
proceed in accordance with point 1.3.5.4."

The  Member  States  shall  take  all  appropriate  measures  to  inform  third-country  nationals  of
the implementation of this Regulation.

Article 4

Article 5

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

It shall apply from 1 May 2004.

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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