Regulation (EC) No 2046/2005 of the European Parliament and of the Council of  14 December 2005  relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2006 Olympic and/or Paralympic Winter Games in Turin
Date: 2005-12-14
Institutions: Council of the European Union, European Parliament
Subjects: EU visa policy, Italy, Olympic games, simplification of formalities

20.12.2005

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I

(Acts whose publication is obligatory)

REGULATION (EC) No 2046/2005 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 14 December 2005

relating to measures envisaged to facilitate the procedures for applying for and issuing visas for
members of the Olympic family taking part in the 2006 Olympic and/or Paralympic Winter
Games in Turin

THE EUROPEAN PARLIAMENT AND 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,

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (1),

Whereas:

(1) Council Regulation (EC) No 1295/2003 of 15 July 2003
relating to measures envisaged to facilitate the procedures
for applying for and issuing visas for members of the
Olympic family taking part in the Olympic or Paralympic
Games in Athens (2) established a specific temporary
system derogating from the normal procedures for
issuing visas for the members of the Olympic family
participating in the Athens 2004 Olympic and/or
Paralympic Games, to enable Greece to host the first
Olympic and Paralympic Games organised by a Member
State which is part of the Schengen area without internal
borders and in order to allow Greece to respect its
obligation under the Olympic Charter.

(2) Regulation (EC) No 1295/2003 laid down specific
provisions facilitating the procedures for submitting
applications for uniform visas and the form in which
visas were issued for the members of the Olympic family,
as well as specific provisions simplifying external border
checks
it
provided for an evaluation report on the functioning of
the Regulation to be submitted to the European
Parliament and the Council.

that category of persons. Moreover,

for

(3)

In its evaluation, the Commission concluded that the
implementation of Regulation (EC) No 1295/2003 was
successful, and the derogation system has been con-
sidered effective, flexible and adequate for regulating the
entry and short stay of members of the Olympic family
participating in the Games, within the Schengen area
without internal borders.

(4) Therefore the European Union should adopt a similar
derogation system for the 2006 Olympic and Paralympic
Winter Games to allow Italy to honour, as host country,
its Olympic Charter obligations, while ensuring a high
level of security in the Schengen area without internal
borders.

(1) Opinion of the European Parliament of 15 November 2005
(not yet published in the Official Journal) and Council Decision
of 1 December 2005.
(2) OJ L 183, 22.7.2003, p. 1.

(5) Although the visa obligation is maintained for members
of
third
the Olympic family who are nationals of
countries subject to the visa requirement under Council
Regulation (EC) No 539/2001 of 15 March 2001 listing

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in
third countries whose nationals must be
the
possession of visas when crossing the external borders
and those whose nationals are exempt
from that
requirement (1), a temporary derogation should be
established for the duration of the 2006 Olympic and
Paralympic Winter Games.

(6) 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 for carrying out checks at the
external borders should be adapted within the limits
necessary to take into account changes in the visa system.

(7) Visa applications for members of the Olympic family
taking part in the 2006 Olympic and/or Paralympic
Winter Games should be submitted to the Organising
Committee of the 2006 Olympic and Paralympic Winter
Games via the organisations responsible at the same time
as the application for accreditation. The application form
for accreditation should contain basic data relating to the
persons concerned, such as their full name, sex and date
and place of birth, and the number, type and expiry date
of their passport and an indication of possession of a
residence permit issued by a Schengen State, together
that permit. Such
with the type and expiry date of
applications should be forwarded to the Italian services
responsible for issuing visas.

(8) The Organising Committee of the 2006 Olympic and
Paralympic Winter Games issues accreditation cards to
members of the Olympic family, in accordance with the
specific rules defined by Italian law. 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 2006 Olympic and
Paralympic Games, in view of the fact that the Games
may be the target of terrorist attacks. The visa issued is
affixed by means of
in the
accreditation card.

entering a number

(9)

the provisions of

this Regulation,
Irrespective of
members of
submit
individual applications for visas in accordance with the
relevant provisions of the Schengen acquis.

the Olympic family may still

(10) Where no specific provisions are laid down in this
Regulation,
the Schengen
the relevant provisions of
acquis on visas and checks at Member States’ external
borders should 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 fully implementing
the Schengen acquis. For any stay within the Schengen
area without
internal borders whose duration is
envisaged to exceed 90 days, a temporary residence
permit may be issued to the member of the Olympic
family in compliance with Italian law.

(11) Provision should be made for an evaluation of

the
implementation of the derogation arrangements estab-
lished by this Regulation after the closure of the 2006
Paralympic Winter Games.

(12) The adoption of this temporary derogation from certain
provisions of
is necessary and
the Schengen acquis
appropriate for the achievement of the main objective of
facilitating the issuing of visas to members of
the
Olympic family.
In accordance with the principle of
proportionality, as set out in the third paragraph of
Article 5 of
the Treaty establishing the European
Community this Regulation does not go beyond what
is necessary to achieve this objective.

(13) As regards Iceland and Norway, this Regulation con-
stitutes a development of provisions of the Schengen
acquis within the meaning of the Agreement concluded
by the Council of the European Union and the Republic
of Iceland and the Kingdom of Norway concerning the
latters’ association with the implementation, application
and development of the Schengen acquis (2), which fall
within the area referred to in Article 1, point B, of
Council Decision 1999/437/EC of 17 May 1999 (3) on
certain arrangements for the application of that Agree-
ment.

(14)

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 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 date of adoption of this Regulation
whether or not it will implement it in its national law.

(1) OJ L 81, 21.3.2001, p. 1. Regulation as last amended by
Regulation (EC) No 851/2005 (OJ L 141, 4.6.2005, p. 3).

(2) OJ L 176, 10.7.1999, p. 36.
(3) OJ L 176, 10.7.1999, p. 31.

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(15) This Regulation constitutes a development of provisions
of the Schengen acquis in which the United Kingdom
does 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 to take part in some of the provisions of the
Schengen acquis (1). The United Kingdom is therefore not
taking part in the adoption of this Regulation and is not
bound by it or subject to its application.

(16) This Regulation constitutes a development of provisions
of the Schengen acquis in which Ireland does not take
part, in accordance 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 (2).
Ireland is therefore not taking part in the adoption of this
Regulation and is not bound by it or subject to its
application.

(17) As regards Switzerland, this Regulation constitutes a
development of the provisions of the Schengen acquis
within the meaning of the Agreement signed between the
the European Community and the
European Union,
Swiss Confederation concerning the Swiss Confedera-
tion’s association with the implementation, application
and development of
the Schengen acquis which fall
within the area referred to in Article 4(1) of Council
Decision 2004/860/EC of 25 October 2004 (3) on the
signing, on behalf of the European Community, and on
the provisional application of certain provisions of that
Agreement.

(18) All the provisions of this Regulation, with the exception
of Article 9, constitute provisions building on the
Schengen acquis or otherwise related to it within the
meaning of Article 3(2) of the 2003 Act of Accession,

HAVE 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 and the uniform format of visas for members of the
Olympic family for the duration of the 2006 Olympic and
Paralympic Winter Games.

(1) OJ L 131, 1.6.2000, p. 43.
(2) OJ L 64, 7.3.2002, p. 20.
(3) OJ L 370, 17.12.2004, p. 78.

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

Article 2

Definitions

For the purposes of this Regulation:

1.

2.

3.

‘responsible organisations’ relating to measures envisaged
to facilitate the procedures for applying for and issuing
visas for members of the Olympic family taking part in
the 2006 Olympic and/or Paralympic Winter Games
means the official organisations, in terms of the Olympic
Charter, which are entitled to submit lists of members of
the Olympic family to the Organising Committee of the
2006 Olympic and Paralympic Winter Games with a
view to the issue of accreditation cards for the Games;

‘member of the Olympic family’ means any person who
is a member of the International Olympic Committee,
the International Paralympic Committee,
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 2006 Olympic and
Paralympic Games as participants in the 2006 Olympics
and/or Paralympic Games;

‘Olympic accreditation cards’ issued by the Organising
Committee of the 2006 Olympic and Paralympic Winter
Games,
in accordance with Ordinanza n. 3463 del
Presidente del Consiglio dei Ministri of 9 September
2005 (GU n. 219 of 20 September 2005) means one of
two secure documents, one for the Olympic Games and
one for the Paralympic Games, each bearing a photo-
the
graph of
member of the Olympic family and authorising access to
the facilities at which competitions are held and to other
events scheduled throughout the duration of the Games;

its holder, establishing the identity of

4.

‘duration of the Olympic Games and Paralympic Games’
means the period from 10 January 2006 to 26 March
2006 for the 2006 Winter Olympic Games and the
period from 10 February 2006 to 19 April 2006 for the
2006 Winter Paralympic Games;

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5.

‘Organising Committee of
the 2006 Olympic and
Paralympic Winter Games’ means the Committee set
up on 27 December 1999 in accordance with Article 12
of the Italian Civil Code (RD 16/3/1942 n. 262) to
organise the 2006 Olympic and Paralympic Winter
Games in Turin, 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 Italy to examine applications and issue
visas to members of the Olympic family.

CHAPTER II

ISSUE OF VISAS

Article 3

Conditions

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

(a)

has been designated by one of the responsible organisa-
tions and accredited by the Organising Committee of the
2006 Olympic and Paralympic Winter Games as a
participant
in the 2006 Olympic and/or Paralympic
Games;

(b) holds a valid travel document authorising the crossing of
the external borders, as referred to in Article 5 of the
Convention of 19 June 1990 implementing the Schengen
Agreement of 14 June 1985 between the Governments of
the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the
gradual abolition of checks at their common borders (1)
(hereinafter referred to as the Schengen Convention);

it may,

together with the
Paralympic Winter Games,
application for an Olympic accreditation card for the persons
selected, file a collective application for visas for those persons
selected who are required to be in possession of a visa in
accordance with Regulation (EC) No 539/2001, except where
those persons hold a residence permit issued by a Schengen
State.

2. Collective applications for visas for the persons con-
cerned shall be forwarded at the same time as applications for
the issue of an Olympic accreditation card to the Organising
Committee of the 2006 Olympic and Paralympic Winter
Games in accordance with the procedure established by it.

single visa application per person shall be filed for
3.
persons taking part in the 2006 Olympic and/or Paralympic
Winter Games.

4. The Organising Committee of the 2006 Olympic and
Paralympic Winter 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 full name, nationality, sex and date
and place of birth and the number, type and expiry date of
their passport.

Article 5

(c)

(d)

is not a person for whom an alert has been issued for the
purposes of refusing entry;

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

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

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

Article 4

Filing of the application

1. Where a responsible organisation draws up a list of the
persons selected to take part in the 2006 Olympic and/or

2. The visa issued shall be a uniform short-stay, multiple
entry visa authorising a stay of not more than ninety (90) days
for the duration of the 2006 Olympics and/or Paralympic
Winter Games.

(1) OJ L 239, 22.9.2000, p. 19. Convention as last amended by
Regulation (EC) No 1160/2005 of the European Parliament and
of the Council (OJ L 191, 22.7.2005, p. 18).

3. Where the member of the Olympic family concerned
does not meet the conditions set out in point (c) or (d) of
Article 3, the services responsible for issuing visas may issue a
visa with limited territorial validity in accordance with
Article 16 of the Schengen Convention.

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Article 6

Article 9

Form of the visa

External border checks

1. The visa shall take the form of two numbers entered on
the Olympic accreditation card. The first number shall be the
visa number. In the case of a uniform visa, that 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, that number shall be made up of eight (8)
characters comprising six (6) digits preceded by the letters ‘IT’.
The second number shall be the number of the passport of the
person concerned.

1. The entry checks carried out on members of the Olympic
family who have been issued visas in accordance with this
Regulation shall, when such members cross the external
the Member States, be limited to checking
borders of
compliance with the conditions set out in Article 3.

For

2.
Paralympic Games:

the duration of

the Winter Olympic

and/or

2. The services responsible for issuing visas shall forward the
the 2006
visa numbers to the Organising Committee of
Olympic and Paralympic Winter Games for the purposes of
issuing accreditation cards.

(a)

Article 7

Waiver of fees

entry and exit stamps shall be affixed to the first free page
of the passport of those members of the Olympic family
for whom it
is necessary to affix such stamps in
accordance with Council Regulation (EC) No 2133/2004
of 13 December 2004 on 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 (1). Upon first entry, the visa number shall
be indicated on that same page;

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.

(b)

the conditions for entry provided in Article 5(1)(c) of the
Schengen Convention shall be presumed to be fulfilled
once a member of the Olympic family has been duly
accredited.

CHAPTER III

GENERAL AND FINAL PROVISIONS

Paragraph 2 shall apply to members of the Olympic
3.
family who are third-country nationals, whether or not they
are subject to the visa requirement under Regulation (EC)
No 539/2001.

Article 8

Cancellation of a visa

Article 10

Informing the European Parliament and the Council

Where the list of persons put forward as participants in the
2006 Olympic and/or Paralympic Winter Games is amended
before the Games begin, the responsible organisations shall
inform without any delay the Organising Committee of the
2006 Olympic and Paralympic Winter Games thereof so that
the accreditation cards of the persons removed from the list
may be revoked. The Organising Committee shall notify the
services responsible for issuing visas thereof and shall inform
them of the numbers of the visas in question.

Not later than four months after the closure of the 2006
to the
Paralympic Winter Games,
Commission a report on the various aspects of
the
implementation of this Regulation.

Italy shall

transmit

On the basis of that 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 European Parliament and the Council thereof.

The services responsible for issuing visas shall cancel the visas
of the persons concerned. They shall immediately inform the
authorities responsible for border checks thereof, and the
latter shall without delay forward that information to the
competent authorities of the other Member States.

(1) OJ L 369, 16.12.2004, p. 5.

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Article 11

Entry into force

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

Done at Strasbourg, 14 December 2005.

This Regulation shall enter into force on the 20th day
following its publication in the Official Journal of the European
Union.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
C. CLARKE