Regulation (EC) No 562/2006 of the European Parliament and of the Council of  15 March 2006  establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)
Date: 2006-03-15
Institutions: Council of the European Union, European Parliament
Subjects: Schengen Agreement, border control, cross-border cooperation, external border of the EU, foreign national, internal border of the EU, passport, removal, residence permit

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(Acts whose publication is obligatory)

REGULATION (EC) No 562/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 March 2006

establishing a Community Code on the rules governing the movement of persons across borders
(Schengen Borders Code)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(4)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 62(1) and (2)(a) 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)

(2)

(3)

The adoption of measures under Article 62(1) of the Treaty
with a view to ensuring the absence of any controls on per-
sons crossing internal borders forms part of the Union’s
objective of establishing an area without internal borders
in which the free movement of persons is ensured, as set
out in Article 14 of the Treaty.

In accordance with Article 61 of the Treaty, the creation of
an area in which persons may move freely is to be flanked
by other measures. The common policy on the crossing of
external borders, as provided for by Article 62(2) of the
Treaty, is such a measure.

The adoption of common measures on the crossing of
internal borders by persons and border control at external
borders should reflect the Schengen acquis incorporated in
the European Union framework, and in particular the rel-
evant provisions of the Convention implementing the
Schengen Agreement of 14 June 1985 between the Gov-
ernments 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 (2)
and the Common Manual (3).

(1) Opinion of the European Parliament of 23 June 2005 (not yet pub-
lished in the Official Journal) and Council Decision of 21 February
2006.

(2) OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regula-
tion (EC) No 1160/2005 of the European Parliament and of the Coun-
cil (OJ L 191, 22.7.2005, p. 18).

(3) OJ C 313, 16.12.2002, p. 97. Common Manual as last amended by
Council Regulation (EC) No 2133/2004 (OJ L 369, 16.12.2004, p. 5).

(5)

(6)

(7)

(8)

As regards border control at external borders, the establish-
ment of a ‘common corpus’ of legislation, particularly via
consolidation and development of the acquis, is one of the
fundamental components of the common policy on the
management of the external borders, as defined in the
Commission Communication of 7 May 2002 ‘Towards
integrated management of the external borders of the
Member States of the European Union’. This objective was
included in the ‘Plan for the management of the external
borders of the Member States of the European Union’,
approved by the Council on 13 June 2002 and endorsed
by the Seville European Council on 21 and 22 June 2002
and by the Thessaloniki European Council on 19
and 20 June 2003.

The definition of common rules on the movement of per-
sons across borders neither calls into question nor affects
the rights of free movement enjoyed by Union citizens and
members of their families and by third-country nationals
and members of their families who, under agreements
between the Community and its Member States, on the
one hand, and those third countries, on the other hand,
enjoy rights of free movement equivalent to those of Union
citizens.

Border control is in the interest not only of the Member
State at whose external borders it is carried out but of all
Member States which have abolished internal border con-
trol. Border control should help to combat illegal immigra-
tion and trafficking in human beings and to prevent any
threat to the Member States’ internal security, public policy,
public health and international relations.

Border checks should be carried out in such a way as to
fully respect human dignity. Border control should be car-
ried out in a professional and respectful manner and be
proportionate to the objectives pursued.

Border control comprises not only checks on persons at
border crossing points and surveillance between these bor-
der crossing points, but also an analysis of the risks for
internal security and analysis of the threats that may affect
the security of external borders. It is therefore necessary to
lay down the conditions, criteria and detailed rules govern-
ing checks at border crossing points and surveillance.

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Provision should be made for relaxing checks at external
borders in the event of exceptional and unforeseeable cir-
cumstances in order to avoid excessive waiting time at bor-
ders crossing-points. The systematic stamping of the
documents of third-country nationals remains an obliga-
tion in the event of border checks being relaxed. Stamping
makes it possible to establish, with certainty, the date on
which, and where, the border was crossed, without estab-
lishing in all cases that all required travel document con-
trol measures have been carried out.

(15) Member States should also have the possibility of tempo-
rarily reintroducing border control at internal borders in
the event of a serious threat to their public policy or inter-
nal security. The conditions and procedures for doing so
should be laid down, so as to ensure that any such mea-
sure is exceptional and that the principle of proportional-
ity is respected. The scope and duration of any temporary
reintroduction of border control at internal borders should
be restricted to the bare minimum needed to respond to
that threat.

(9)

(10)

In order to reduce the waiting times of persons enjoying
the Community right of free movement, separate lanes,
indicated by uniform signs in all Member States, should,
where circumstances allow, be provided at border cross-
ing points. Separate lanes should be provided in interna-
tional airports. Where it is deemed appropriate and if local
circumstances so allow, Member States should consider
installing separate lanes at sea and land border crossing
points.

(16)

(17)

In an area where persons may move freely, the reintroduc-
tion of border control at internal borders should remain an
exception. Border control should not be carried out or for-
malities imposed solely because such a border is crossed.

Provision should be made for a procedure enabling the
Commission to adapt certain detailed practical rules gov-
erning border control. In such cases, the measures needed
to implement this Regulation should be taken pursuant
to Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (3).

(18)

Provision should also be made for a procedure enabling the
Member States to notify the Commission of changes to
other detailed practical rules governing border control.

(19)

(20)

(21)

Since the objective of this Regulation, namely the establish-
ment of rules applicable to the movement of persons
across borders cannot be sufficiently achieved by the Mem-
ber States and can therefore be better achieved at Commu-
nity level,
in
accordance with the principle of subsidiarity as set out in
Article 5 of the Treaty. In accordance with the principle of
proportionality, as set out in that Article, this Regulation
does not go beyond what is necessary in order to achieve
that objective.

the Community may adopt measures,

This Regulation respects fundamental rights and observes
the principles recognised in particular by the Charter of
Fundamental Rights of the European Union. It should be
applied in accordance with the Member States’ obligations
as regards international protection and non-refoulement.

By way of derogation from Article 299 of the Treaty, the
only territories of France and the Netherlands to which this
Regulation applies are those in Europe. It does not affect
the specific arrangements applied in Ceuta and Melilla, as
defined in the Agreement on the Accession of the King-
dom of Spain to the Convention implementing the Schen-
gen Agreement of 14 June 1985 (4).

(3) OJ L 184, 17.7.1999, p. 23.
(4) OJ L 239, 22.9.2000, p. 69.

(11) Member States should ensure that control procedures at
external borders do not constitute a major barrier to trade
and social and cultural interchange. To that end, they
should deploy appropriate numbers of staff and resources.

(12) Member States should designate the national service or ser-
vices responsible for border-control tasks in accordance
with their national law. Where more than one service is
responsible in the same Member State, there should be
close and constant cooperation between them.

(13) Operational cooperation and assistance between Member
States in relation to border control should be managed
and coordinated by the European Agency for the Manage-
ment of Operational Cooperation at the External Borders
of the Member States established by Regulation (EC)
No 2007/2004 (1).

(14)

This Regulation is without prejudice to checks carried out
under general police powers and security checks on per-
sons identical to those carried out for domestic flights, to
the possibilities for Member States to carry out exceptional
checks on baggage in accordance with Council Regulation
(EEC) No 3925/91 of 19 December 1991 concerning the
elimination of controls and formalities applicable to the
cabin and hold baggage of persons taking an intra-
Community flight and the baggage of persons making an
intra-Community sea crossing (2), and to national law on
carrying travel or identity documents or to the requirement
that persons notify the authorities of their presence on the
territory of the Member State in question.

(1) Council Regulation (EC) No 2007/2004 of 26 October 2004 estab-
lishing a European Agency for the Management of Operational Coop-
eration at the External Borders of the Member States of the European
Union (OJ L 349, 25.11.2004, p. 1).

(2) OJ L 374, 31.12.1991, p. 4. Regulation as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

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(22)

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 Com-
munity, Denmark is not taking part in the adoption of this
Regulation and is not bound by it or subject to its appli-
cation. Given that this Regulation builds upon the Schen-
gen acquis under the provisions of Title IV of Part Three of
the Treaty establishing the European Community, Den-
mark should, in accordance with Article 5 of the said Pro-
tocol, decide within a period of six months after the date
of adoption of this Regulation whether it will implement
it in its national law or not.

(23) As regards Iceland and Norway, this Regulation constitutes
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 (1) which fall within the area referred
to in Article 1, point A, of Council Decision
1999/437/EC (2) on certain arrangements for the applica-
tion of that Agreement.

(24) An arrangement has to be made to allow representatives of
Iceland and Norway to be associated with the work of
committees assisting the Commission in the exercise of its
implementing powers. Such an arrangement has been con-
templated in the Exchanges of Letters between the Council
of the European Union and the Republic of Iceland and the
Kingdom of Norway concerning committees which assist
the European Commission in the exercise of its executive
powers (3), annexed to the abovementioned Agreement.

(25) As regards Switzerland, this Regulation constitutes a devel-
opment of provisions of the Schengen acquis within the
meaning of the Agreement signed between the European
Union, the European Community and the Swiss Confed-
eration concerning the association of the Swiss Confedera-
tion with
and
implementation,
development of the Schengen acquis, which fall within the
area referred to in Article 1, point A, of Decision
1999/437/EC read in conjunction with Article 4(1) of
Council Decisions 2004/849/EC (4) and 2004/860/EC (5).

application

the

(1) OJ L 176, 10.7.1999, p. 36.
(2) OJ L 176, 10.7.1999, p. 31.
(3) OJ L 176, 10.7.1999, p. 53.
(4) Council Decision 2004/849/EC of 25 October 2004 on the signing,
on behalf of the European Union, and on the provisional application
of certain provisions of the Agreement between the European Union,
the European Community and the Swiss Confederation concerning the
Swiss Confederation’s association with the implementation, applica-
tion and development of the Schengen acquis (OJ L 368, 15.12.2004,
p. 26).

(5) Council Decision 2004/860/EC of 25 October 2004 on the signing,
on behalf of the European Community, and on the provisional appli-
cation of certain provisions of the Agreement between the European
Union, the European Community and the Swiss Confederation, con-
cerning the Swiss Confederation’s association with the implementa-
tion, application and development of the Schengen acquis (OJ L 370,
17.12.2004, p. 78).

(26) An arrangement has to be made to allow representatives of
Switzerland to be associated with the work of committees
assisting the Commission in the exercise of its implement-
ing powers. Such an arrangement has been contemplated
in the Exchange of Letters between the Community and
Switzerland, annexed to the abovementioned Agreement.

(27)

(28)

(29)

This Regulation constitutes a development of provisions of
the Schengen acquis in which the United Kingdom does not
in accordance with Council Decision
take part,
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 (6). The United Kingdom is therefore not taking part
in its adoption and is not bound by it or subject to its
application.

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 Feb-
ruary 2002 concerning Ireland’s request to take part in
some of the provisions of the Schengen acquis (7). Ireland
is therefore not taking part in its adoption and is not bound
by it or subject to its application.

In this Regulation,
the first sentence of Article 1,
Article 5(4)(a), Title III and the provisions of Title II and the
annexes thereto referring to the Schengen Information Sys-
tem (SIS) 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:

TITLE I

GENERAL PROVISIONS

Article 1

Subject matter and principles

This Regulation provides for the absence of border control of per-
sons crossing the internal borders between the Member States of
the European Union.

It establishes rules governing border control of persons crossing
the external borders of the Member States of the European Union.

Article 2

Definitions

For the purposes of this Regulation the following definitions shall
apply:

1.

‘internal borders’ means:

(a)

the common land borders, including river and lake bor-
ders, of the Member States;

(6) OJ L 131, 1.6.2000, p. 43.
(7) OJ L 64, 7.3.2002, p. 20.

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(b)

the airports of the Member States for internal flights;

10.

2.

3.

4.

(c)

sea, river and lake ports of the Member States for regu-
lar ferry connections;

‘external borders’ means the Member States’ land borders,
including river and lake borders, sea borders and their air-
ports, river ports, sea ports and lake ports, provided that they
are not internal borders;

‘internal flight’ means any flight exclusively to or from the
territories of the Member States and not landing in the terri-
tory of a third country;

‘regular ferry connection’ means any ferry connection
between the same two or more ports situated in the territory
of the Member States, not calling at any ports outside the ter-
ritory of the Member States and consisting of the transport
of passengers and vehicles according to a published timetable;

5.

‘persons enjoying the Community right of free movement’
means:

(a) Union citizens within the meaning of Article 17(1) of
the Treaty, and third-country nationals who are mem-
bers of the family of a Union citizen exercising his or her
right to free movement to whom Directive 2004/38/EC
of the European Parliament and of the Council of
29 April 2004 on the right of citizens of the Union and
their family members to move and reside freely within
the territory of the Member States (1) applies;

(b)

third-country nationals and their family members, what-
ever their nationality, who, under agreements between
the Community and its Member States, on the one hand,
and those third countries, on the other hand, enjoy rights
of free movement equivalent to those of Union citizens;

‘third-country national’ means any person who is not a Union
citizen within the meaning of Article 17(1) of the Treaty and
who is not covered by point 5 of this Article;

‘persons for whom an alert has been issued for the purposes
of refusing entry’ means any third-country national for whom
an alert has been issued in the Schengen Information System
(SIS) in accordance with and for the purposes laid down in
Article 96 of the Schengen Convention;

‘border crossing point’ means any crossing-point authorised
by the competent authorities for the crossing of external
borders;

6.

7.

8.

9.

‘border checks’ means the checks carried out at border cross-
ing points, to ensure that persons, including their means of
transport and the objects in their possession, may be autho-
rised to enter the territory of the Member States or authorised
to leave it;

11.

‘border surveillance’ means the surveillance of borders
between border crossing points and the surveillance of bor-
der crossing points outside the fixed opening hours, in order
to prevent persons from circumventing border checks;

12.

‘second line check’ means a further check which may be car-
ried out in a special location away from the location at which
all persons are checked (first line);

13.

‘border guard’ means any public official assigned, in accor-
dance with national law, to a border crossing point or along
the border or the immediate vicinity of that border who car-
ries out, in accordance with this Regulation and national law,
border control tasks;

14.

‘carrier’ means any natural or legal person whose profession
it is to provide transport of persons;

15.

‘residence permit’ means:

(a) all residence permits issued by the Member States
according to the uniform format laid down by Council
Regulation (EC) No 1030/2002 of 13 June 2002 laying
down a uniform format for residence permits for third-
country nationals (2);

(b) all other documents issued by a Member State to third-
country nationals authorising a stay in, or re-entry into,
its territory, with the exception of temporary permits
issued pending examination of a first application for a
residence permit as referred to in point (a) or an appli-
cation for asylum;

16.

‘cruise ship’ means a ship which follows a given itinerary in
accordance with a predetermined programme, which
includes a programme of tourist activities in the various
ports, and which normally neither takes passengers on nor
allows passengers to disembark during the voyage;

17.

‘pleasure boating’ means the use of pleasure boats for sport-
ing or tourism purposes;

‘border control’ means the activity carried out at a border, in
accordance with and for the purposes of this Regulation, in
response exclusively to an intention to cross or the act of
crossing that border, regardless of any other consideration,
consisting of border checks and border surveillance;

18.

‘coastal fisheries’ means fishing carried out with the aid of
vessels which return every day or within 36 hours to a port
situated in the territory of a Member State without calling at
a port situated in a third country;

(1) OJ L 158, 30.4.2004, p. 77.

(2) OJ L 157, 15.6.2002, p. 1.

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19.

‘threat to public health’ means any disease with epidemic
potential as defined by the International Health Regulations
of the World Health Organisation and other infectious dis-
eases or contagious parasitic diseases if they are the subject
of protection provisions applying to nationals of the Mem-
ber States.

3. Without prejudice to the exceptions provided for in para-
graph 2 or to their international protection obligations, Member
States shall introduce penalties, in accordance with their national
law, for the unauthorised crossing of external borders at places
other than border crossing points or at times other than the fixed
opening hours. These penalties shall be effective, proportionate
and dissuasive.

Article 3

Scope

This Regulation shall apply to any person crossing the internal or
external borders of Member States, without prejudice to:

(a)

the rights of persons enjoying the Community right of free
movement;

Article 5

Entry conditions for third-country nationals

1.
For stays not exceeding three months per six-month period,
the entry conditions for third-country nationals shall be the
following:

(b)

the rights of refugees and persons requesting international
protection, in particular as regards non-refoulement.

(a)

they are in possession of a valid travel document or docu-
ments authorising them to cross the border;

TITLE II

EXTERNAL BORDERS

CHAPTER I

Crossing of external borders and conditions for entry

Article 4

Crossing of external borders

1.
External borders may be crossed only at border crossing
points and during the fixed opening hours. The opening hours
shall be clearly indicated at border crossing points which are not
open 24 hours a day.

Member States shall notify the list of their border crossing points
to the Commission in accordance with Article 34.

2.
By way of derogation from paragraph 1, exceptions to the
obligation to cross external borders only at border crossing points
and during the fixed opening hours may be allowed:

(b)

(c)

they are in possession of a valid visa, if required pursuant
to Council Regulation (EC) No 539/2001 of 15 March 2001
listing the third countries whose nationals must be in pos-
session of visas when crossing the external borders and those
whose nationals are exempt from that requirement (1), except
where they hold a valid residence permit;

they justify the purpose and conditions of the intended stay,
and they have sufficient means of subsistence, both for the
duration of the intended stay and for the return to their coun-
try of origin or transit to a third country into which they are
certain to be admitted, or are in a position to acquire such
means lawfully;

(d)

they are not persons for whom an alert has been issued in the
SIS for the purposes of refusing entry;

(e)

they are not considered to be a threat to public policy, inter-
nal security, public health or the international relations of
any of the Member States, in particular where no alert has
been issued in Member States’ national data bases for the pur-
poses of refusing entry on the same grounds.

(a)

in connection with pleasure boating or coastal fishing;

(b)

for seamen going ashore to stay in the area of the port where
their ships call or in the adjacent municipalities;

2.
A non-exhaustive list of supporting documents which the
border guard may request from the third-country national in
order to verify the fulfilment of the conditions set out in para-
graph 1, point c, is included in Annex I.

(c)

for individuals or groups of persons, where there is a require-
ment of a special nature, provided that they are in possession
of the permits required by national law and that there is
no conflict with the interests of public policy and the inter-
nal security of the Member States;

3. Means of subsistence shall be assessed in accordance with
the duration and the purpose of the stay and by reference to aver-
age prices in the Member State(s) concerned for board and lodg-
ing in budget accommodation, multiplied by the number of days
stayed.

(d)

for individuals or groups of persons in the event of an
unforeseen emergency situation.

(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).

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Reference amounts set by the Member States shall be notified to
the Commission in accordance with Article 34.

CHAPTER II

Control of external borders and refusal of entry

The assessment of sufficient means of subsistence may be based
on the cash, travellers’ cheques and credit cards in the third-
country national’s possession. Declarations of sponsorship, where
such declarations are provided for by national law and letters of
guarantee from hosts, as defined by national law, where the third-
country national is staying with a host, may also constitute evi-
dence of sufficient means of subsistence.

Article 6

Conduct of border checks

Border guards shall, in the performance of their duties, fully

1.
respect human dignity.

4.

By way of derogation from paragraph 1:

Any measures taken in the performance of their duties shall be
proportionate to the objectives pursued by such measures.

(a)

(b)

third-country nationals who do not fulfil all the conditions
laid down in paragraph 1 but hold a residence permit or a
re-entry visa issued by one of the Member States or, where
required, both documents, shall be authorised to enter the
territories of the other Member States for transit purposes so
that they may reach the territory of the Member State which
issued the residence permit or re-entry visa, unless their
names are on the national list of alerts of the Member State
whose external borders they are seeking to cross and the alert
is accompanied by instructions to refuse entry or transit;

third-country nationals who fulfil the conditions laid down in
paragraph 1, except for that laid down in point (b), and who
present themselves at the border may be authorised to enter
the territories of the Member States, if a visa is issued at the
border
in accordance with Council Regulation (EC)
No 415/2003 of 27 February 2003 on the issue of visas at
the border, including the issue of such visas to seamen in
transit (1).

Visas issued at the border shall be recorded on a list.

If it is not possible to affix a visa in the document, it shall,
exceptionally, be affixed on a separate sheet inserted in the
document. In such a case, the uniform format for forms for
affixing the visa,
laid down by Council Regulation (EC)
No 333/2002 of 18 February 2002 on a uniform format for
forms for affixing the visa issued by Member States to per-
sons holding travel documents not recognised by the Mem-
ber State drawing up the form (2), shall be used;

(c)

third-country nationals who do not fulfil one or more of the
conditions laid down in paragraph 1 may be authorised by a
Member State to enter its territory on humanitarian grounds,
on grounds of national interest or because of international
obligations. Where the third-country national concerned is
the subject of an alert as referred to in paragraph 1(d), the
Member State authorising him or her to enter its territory
shall inform the other Member States accordingly.

(1) OJ L 64, 7.3.2003, p. 1.
(2) OJ L 53, 23.2.2002, p. 4.

2. While carrying out border checks, border guards shall not
discriminate against persons on grounds of sex, racial or ethnic
origin, religion or belief, disability, age or sexual orientation.

Article 7

Border checks on persons

Cross-border movement at external borders shall be subject
1.
to checks by border guards. Checks shall be carried out in accor-
dance with this chapter.

The checks may also cover the means of transport and objects in
the possession of the persons crossing the border. The law of the
Member State concerned shall apply to any searches which are
carried out.

2.
All persons shall undergo a minimum check in order to
establish their identities on the basis of the production or presen-
tation of their travel documents. Such a minimum check shall
consist of a rapid and straightforward verification, where appro-
priate by using technical devices and by consulting, in the relevant
databases, information exclusively on stolen, misappropriated,
lost and invalidated documents, of the validity of the document
authorising the legitimate holder to cross the border and of the
presence of signs of falsification or counterfeiting.

The minimum check referred to in the first subparagraph shall be
the rule for persons enjoying the Community right of free
movement.

However, on a non-systematic basis, when carrying out minimum
checks on persons enjoying the Community right of free move-
ment, border guards may consult national and European data-
bases in order to ensure that such persons do not represent a
genuine, present and sufficiently serious threat to the internal
security, public policy, international relations of the Member
States or a threat to the public health.

The consequences of such consultations shall not jeopardise the
right of entry of persons enjoying the Community right of free
movement into the territory of the Member State concerned as
laid down in Directive 2004/38/EC.

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On entry and exit, third-country nationals shall be subject

3.
to thorough checks.

(c)

In addition to the checks referred to in point (b) thorough
checks on exit may also comprise:

(a)

thorough checks on entry shall comprise verification of the
conditions governing entry laid down in Article 5(1) and,
where applicable, of documents authorising residence and
the pursuit of a professional activity. This shall include a
detailed examination covering the following aspects:

(i)

if

verification that the person is in possession of a valid
to Regulation (EC)
visa,
No 539/2001, except where he or she holds a valid resi-
dence permit;

required pursuant

(i)

verification that the third-country national is in posses-
sion of a document which is valid for crossing the bor-
der and which has not expired, and that the document is
accompanied, where applicable, by the requisite visa or
residence permit;

(ii) verification that the person did not exceed the maximum
duration of authorised stay in the territory of the Mem-
ber States;

(iii) consultation of alerts on persons and objects included in

the SIS and reports in national data files.

(ii)

thorough scrutiny of the travel document for signs of
falsification or counterfeiting;

4. Where facilities exist and if requested by the third-country
national, such thorough checks shall be carried out in a private
area.

(iii) examination of the entry and exit stamps on the travel
document of the third-country national concerned, in
order to verify, by comparing the dates of entry and exit,
that the person has not already exceeded the maximum
duration of authorised stay in the territory of the Mem-
ber States;

(iv) verification regarding the point of departure and the des-
tination of the third-country national concerned and the
purpose of the intended stay, checking if necessary, the
corresponding supporting documents;

(v) verification that the third-country national concerned
has sufficient means of subsistence for the duration and
purpose of the intended stay, for his or her return to the
country of origin or transit to a third country into which
he or she is certain to be admitted, or that he or she is in
a position to acquire such means lawfully;

(vi) verification that the third-country national concerned,
his or her means of transport and the objects he or she
is transporting are not likely to jeopardise the public
policy, internal security, public health or international
relations of any of the Member States. Such verification
shall include direct consultation of the data and alerts on
persons and, where necessary, objects included in the SIS
and in national data files and the action to be performed,
if any, as a result of an alert;

(b)

thorough checks on exit shall comprise:

(i)

verification that the third-country national is in posses-
sion of a document valid for crossing the border;

(ii) verification of the travel document for signs of falsifica-

tion or counterfeiting;

(iii) whenever possible, verification that the third-country
national is not considered to be a threat to public policy,
internal security or the international relations of any of
the Member States;

5.
Third-country nationals subject to a thorough second line
check shall be given information on the purpose of, and proce-
dure for, such a check.

This information shall be available in all the official languages of
the Union and in the language(s) of the country or countries bor-
dering the Member State concerned and shall indicate that the
third-country national may request the name or service identifi-
cation number of the border guards carrying out the thorough
second line check, the name of the border crossing point and the
date on which the border was crossed.

6.
Checks on a person enjoying the Community right on free
movement shall be carried out in accordance with Directive
2004/38/EC.

Detailed rules governing the information to be registered are

7.
laid down in Annex II.

Article 8

Relaxation of border checks

1.
Border checks at external borders may be relaxed as a result
of exceptional and unforeseen circumstances. Such exceptional
and unforeseen circumstances shall be deemed to be those where
unforeseeable events lead to traffic of such intensity that the wait-
ing time at the border crossing point becomes excessive, and all
resources have been exhausted as regards staff, facilities and
organisation.

2. Where border checks are relaxed in accordance with para-
graph 1, border checks on entry movements shall in principle
take priority over border checks on exit movements.

The decision to relax checks shall be taken by the border guard in
command at the border crossing point.

Such relaxation of checks shall be temporary, adapted to the cir-
cumstances justifying it and introduced gradually.

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Even in the event that checks are relaxed, the border guard
3.
shall stamp the travel documents of third-country nationals both
on entry and exit, in accordance with Article 10.

4.
Each Member State shall transmit once a year a report on
the application of this Article to the European Parliament and the
Commission.

Article 9

Separate lanes and information on signs

1. Member States shall provide separate lanes, in particular at
air border crossing points in order to carry out checks on persons,
in accordance with Article 7. Such lanes shall be differentiated by
means of the signs bearing the indications set out in the Annex III.

Member States may provide separate lanes at their sea and land
border crossing points and at borders between Member States not
applying Article 20 at their common borders. The signs bearing
the indications set out in the Annex III shall be used if Member
States provide separate lanes at those borders.

Member States shall ensure that such lanes are clearly signposted,
including where the rules relating to the use of the different lanes
are waived as provided for in paragraph 4, in order to ensure opti-
mal flow levels of persons crossing the border.

2.

(a) Persons enjoying the Community right of free move-
ment are entitled to use the lanes indicated by the sign
in part A of Annex III. They may also use the lanes indi-
cated by the sign in part B of Annex III.

The adaptation of existing signs to the provisions of para-
5.
graphs 1, 2 and 3 shall be completed by 31 May 2009. Where
Member States replace existing signs or put up new ones before
that date, they shall comply with the indications provided for in
those paragraphs.

Article 10

Stamping of the travel documents of third-country
nationals

1.
The travel documents of third-country nationals shall be
systematically stamped on entry and exit. In particular an entry or
exit stamp shall be affixed to:

(a)

the documents, bearing a valid visa, enabling third-country
nationals to cross the border;

(b)

the documents enabling third-country nationals to whom a
visa is issued at the border by a Member State to cross the
border;

(c)

the documents enabling third-country nationals not subject
to a visa requirement to cross the border.

2.
The travel documents of nationals of third countries who
are members of the family of a Union citizen to whom Directive
2004/38/EC applies, but who do not present the residence card
provided for in Article 10 of that Directive, shall be stamped on
entry or exit.

The travel documents of nationals of third countries who are
members of the family of nationals of third countries enjoying the
Community right of free movement, but who do not present the
residence card provided for in Article 10 of Directive 2004/38/EC,
shall be stamped on entry or exit.

(b) All other persons shall use the lanes indicated by the

sign in part B of Annex III.

3.

No entry or exit stamp shall be affixed:

The indications on the signs referred to in points (a) and (b) may
be displayed in such language or languages as each Member State
considers appropriate.

(a)

to the travel documents of Heads of State and dignitaries
whose arrival has been officially announced in advance
through diplomatic channels;

3.
At sea and land border crossing points, Member States may
separate vehicle traffic into different lanes for light and heavy
vehicles and buses by using signs as shown in Part C of Annex III.

Member States may vary the indications on those signs where
appropriate in the light of local circumstances.

4.
In the event of a temporary imbalance in traffic flows at a
particular border crossing point, the rules relating to the use of
the different lanes may be waived by the competent authorities
for the time necessary to eliminate such imbalance.

(b)

to pilots’ licences or the certificates of aircraft crew members;

(c)

(d)

to the travel documents of seamen who are present within
the territory of a Member State only when their ship puts in
and in the area of the port of call;

to the travel documents of crew and passengers of cruise
ships who are not subject to border checks in accordance
with point 3.2.3 of Annex VI;

(e)

to documents enabling nationals of Andorra, Monaco and
San Marino to cross the border.

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Exceptionally, at the request of a third-country national, insertion
of an entry or exit stamp may be dispensed with if insertion might
cause serious difficulties for that person. In that case, entry or exit
shall be recorded on a separate sheet indicating the name and
passport number. That sheet shall be given to the third-country
national.

The practical arrangements for stamping are set out in

4.
Annex IV.

5. Whenever possible,
shall be
informed of the border guard’s obligation to stamp their travel
document on entry and exit, even where checks are relaxed in
accordance with Article 8.

third-country nationals

6.
The Commission shall report to the European Parliament
and the Council by the end of 2008 on the operation of the pro-
visions on stamping travel documents.

Article 11

Presumption as regards fulfilment of conditions of
duration of stay

1.
If the travel document of a third-country national does not
bear an entry stamp, the competent national authorities may pre-
sume that the holder does not fulfil, or no longer fulfils, the con-
ditions of duration of stay applicable within the Member State
concerned.

2.
The presumption referred to in paragraph 1 may be rebut-
ted where the third-country national provides, by any means,
credible evidence, such as transport tickets or proof of his or her
presence outside the territory of the Member States, that he or she
has respected the conditions relating to the duration of a short
stay.

In such a case:

(a) where the third-country national is found on the territory of
a Member State applying the Schengen acquis in full, the com-
petent authorities shall indicate, in accordance with national
law and practice, in his or her travel document the date on
which, and the place where, he or she crossed the external
border of one of the Member States applying the Schengen
acquis in full;

(b) where the third-country national is found on the territory of
a Member State in respect of which the decision contem-
plated in Article 3(2) of the 2003 Act of Accession has not
been taken, the competent authorities shall indicate, in accor-
dance with national law and practice, in his or her travel
document the date on which, and the place where, he or she
crossed the external border of such a Member State.

Member States shall inform each other and the Commission and
the Council General Secretariat of their national practices with
regard to the indications referred to in this Article.

Should the presumption referred to in paragraph 1 not be
3.
rebutted, the third-country national may be expelled by the com-
petent authorities from the territory of the Member States
concerned.

Article 12

Border surveillance

1.
The main purpose of border surveillance shall be to prevent
unauthorised border crossings, to counter cross-border criminal-
ity and to take measures against persons who have crossed the
border illegally.

The border guards shall use stationary or mobile units

2.
to carry out border surveillance.

That surveillance shall be carried out in such a way as to prevent
and discourage persons from circumventing the checks at border
crossing points.

3.
Surveillance between border crossing points shall be carried
out by border guards whose numbers and methods shall be
adapted to existing or foreseen risks and threats. It shall involve
frequent and sudden changes to surveillance periods, so that
unauthorised border crossings are always at risk of being detected.

Surveillance shall be carried out by stationary or mobile
4.
units which perform their duties by patrolling or stationing them-
selves at places known or perceived to be sensitive, the aim of
such surveillance being to apprehend individuals crossing the bor-
der illegally. Surveillance may also be carried out by technical
means, including electronic means.

Additional rules governing surveillance may be adopted in

5.
accordance with the procedure referred to in Article 33(2).

Article 13

Refusal of entry

1.
A third-country national who does not fulfil all the entry
conditions laid down in Article 5(1) and does not belong to the
categories of persons referred to in Article 5(4) shall be refused
entry to the territories of the Member States. This shall be with-
out prejudice to the application of special provisions concerning
the right of asylum and to international protection or the issue of
long-stay visas.

In addition to the indications referred to in points (a) and (b), a
form as shown in Annex VIII may be given to the third-country
national.

2.
Entry may only be refused by a substantiated decision stat-
ing the precise reasons for the refusal. The decision shall be taken
by an authority empowered by national law. It shall take effect
immediately.

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The substantiated decision stating the precise reasons for the
refusal shall be given by means of a standard form, as set out in
Annex V, Part B, filled in by the authority empowered by national
law to refuse entry. The completed standard form shall be handed
to the third-country national concerned, who shall acknowledge
receipt of the decision to refuse entry by means of that form.

3.
Persons refused entry shall have the right to appeal. Appeals
shall be conducted in accordance with national law. A written
indication of contact points able to provide information on rep-
resentatives competent to act on behalf of the third-country
national in accordance with national law shall also be given to the
third-country national.

Lodging such an appeal shall not have suspensive effect on a deci-
sion to refuse entry.

Without prejudice to any compensation granted in accordance
with national law, the third-country national concerned shall,
where the appeal concludes that the decision to refuse entry was
ill-founded, be entitled to correction of the cancelled entry stamp,
and any other cancellations or additions which have been made,
by the Member State which refused entry.

Article 15

Implementation of controls

The border control provided for by Articles 6 to 13 shall be
1.
carried out by border guards in accordance with the provisions of
this Regulation and with national law.

When carrying out that border control, the powers to instigate
criminal proceedings conferred on border guards by national law
and falling outside the scope of this Regulation shall remain
unaffected.

Member States shall ensure that the border guards are specialised
and properly trained professionals. Member States shall encour-
age border guards to learn languages, in particular those neces-
sary for the carrying-out of their tasks.

2. Member States shall notify to the Commission the list of
national services responsible for border control under their
national law in accordance with Article 34.

3.
To control borders effectively, each Member State shall
ensure close and constant cooperation between its national ser-
vices responsible for border control.

4.
The border guards shall ensure that a third-country national
refused entry does not enter the territory of the Member State
concerned.

Article 16

Cooperation between Member States

5. Member States shall collect statistics on the number of per-
sons refused entry, the grounds for refusal, the nationality of the
persons refused and the type of border (land, air or sea) at which
they were refused entry. Member States shall transmit those sta-
tistics once a year to the Commission. The Commission shall pub-
lish every two years a compilation of the statistics provided by the
Member States.

Detailed rules governing refusal of entry are given in Part A

6.
of Annex V.

CHAPTER III

Staff and resources for border control and cooperation
between Member States

Article 14

Staff and resources for border control

1.
The Member States shall assist each other and shall main-
tain close and constant cooperation with a view to the effective
implementation of border control, in accordance with Articles 6
to 15. They shall exchange all relevant information.

2.
Operational cooperation between Member States in the field
of management of external borders shall be coordinated by the
European Agency for the Management of Operational Coopera-
tion at the External Borders of the Member States (hereinafter
referred to as the Agency) established by Regulation (EC)
No 2007/2004.

3. Without prejudice to the competences of the Agency, Mem-
ber States may continue operational cooperation with other
Member States and/or third countries at external borders, includ-
ing the exchange of liaison officers, where such cooperation
complements the action of the Agency.

Member States shall refrain from any activity which could jeop-
ardise the functioning of the Agency or the attainment of its
objectives.

Member States shall report to the Agency on the operational
cooperation referred to in the first subparagraph.

Member States shall deploy appropriate staff and resources in suf-
ficient numbers to carry out border control at the external bor-
ders, in accordance with Articles 6 to 13, in such a way as to
ensure an efficient, high and uniform level of control at their
external borders.

4. Member States shall provide for training on the rules for
border control and on fundamental rights. In that regard, account
shall be taken of the common training standards as established
and further developed by the Agency.

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Article 17

Joint control

2. Member States shall notify to the Commission the model
cards issued by their Ministries of Foreign Affairs to accredited
members of diplomatic missions and consular representations
and members of their families in accordance with Article 34.

1. Member States which do not apply Article 20 to their com-
mon land borders may, up to the date of application of that
Article, jointly control those common borders, in which case a
person may be stopped only once for the purpose of carrying out
entry and exit checks, without prejudice to the individual respon-
sibility of Member States arising from Articles 6 to 13.

To that end, Member States may conclude bilateral arrangements
between themselves.

2. Member States shall inform the Commission of any arrange-
ments concluded in accordance with paragraph 1.

TITLE III

INTERNAL BORDERS

CHAPTER I

Abolition of border control at internal borders

Article 20

Crossing internal borders

CHAPTER IV

Specific rules for border checks

Article 18

Internal borders may be crossed at any point without a border
check on persons, irrespective of their nationality, being carried
out.

Specific rules for the various types of border and the
various means of transport used for crossing the external
borders

Article 21

Checks within the territory

The specific rules set out in Annex VI shall apply to the checks
carried out at the various types of border and on the various
means of transport used for crossing border crossing points.

Those specific rules may contain derogations from Articles 5
and 7 to 13.

Article 19

Specific rules for checks on certain categories of persons

The specific rules set out in Annex VII shall apply to checks

1.
on the following categories of persons:

(a) Heads of State and the members of their delegation(s);

(b) pilots of aircraft and other crew members;

(c)

seamen;

(d) holders of diplomatic, official or service passports and mem-

bers of international organisations;

(e)

cross-border workers;

(f) minors.

The abolition of border control at internal borders shall not affect:

(a)

the exercise of police powers by the competent authorities of
the Member States under national law, insofar as the exercise
of those powers does not have an effect equivalent to border
checks; that shall also apply in border areas. Within the
meaning of the first sentence, the exercise of police powers
may not, in particular, be considered equivalent to the exer-
cise of border checks when the police measures:

(i)

do not have border control as an objective,

(ii) are based on general police information and experience
regarding possible threats to public security and aim, in
particular, to combat cross-border crime,

(iii) are devised and executed in a manner clearly distinct
from systematic checks on persons at the external
borders,

(iv) are carried out on the basis of spot-checks;

(b)

security checks on persons carried out at ports and airports
by the competent authorities under the law of each Member
State, by port or airport officials or carriers, provided that
such checks are also carried out on persons travelling within
a Member State;

Those specific rules may contain derogations from Articles 5
and 7 to 13.

(c)

the possibility for a Member State to provide by law for an
obligation to hold or carry papers and documents;

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(d)

the obligation on third-country nationals to report their pres-
ence on the territory of any Member State pursuant to the
provisions of Article 22 of the Schengen Convention.

(b)

the scope of the proposed reintroduction, specifying where
border control is to be reintroduced;

Article 22

Removal of obstacles to traffic at road crossing-points at
internal borders

Member States shall remove all obstacles to fluid traffic flow at
road crossing-points at internal borders, in particular any speed
limits not exclusively based on road-safety considerations.

At the same time, Member States shall be prepared to provide for
facilities for checks in the event that internal border controls are
reintroduced.

CHAPTER II

Temporary reintroduction of border control at internal
borders

Article 23

Temporary reintroduction of border control at internal
borders

1. Where there is a serious threat to public policy or internal
security, a Member State may exceptionally reintroduce border
control at its internal borders for a limited period of no more than
30 days or for the foreseeable duration of the serious threat if its
duration exceeds the period of 30 days, in accordance with the
procedure laid down in Article 24 or, in urgent cases, with that
laid down in Article 25. The scope and duration of the temporary
reintroduction of border control at internal borders shall not
exceed what is strictly necessary to respond to the serious threat.

2.
If the serious threat to public policy or internal security per-
sists beyond the period provided for in paragraph 1, the Member
State may prolong border control on the same grounds as those
referred to in paragraph 1 and, taking into account any new ele-
ments, for renewable periods of up to 30 days, in accordance with
the procedure laid down in Article 26.

(c)

the names of the authorised crossing-points;

(d)

the date and duration of the proposed reintroduction;

(e) where appropriate, the measures to be taken by the other

Member States.

2.
Following the notification from the Member State con-
cerned, and with a view to the consultation provided for in para-
graph 3, the Commission may issue an opinion without prejudice
to Article 64(1) of the Treaty.

The information referred to in paragraph 1, as well as the
3.
opinion that the Commission may provide in accordance with
paragraph 2, shall be the subject of consultations between the
Member State planning to reintroduce border control, the other
Member States and the Commission, with a view to organising,
where appropriate, mutual cooperation between the Member
States and to examining the proportionality of the measures to
the events giving rise to the reintroduction of border control and
the threats to public policy or internal security.

4.
The consultation referred to in paragraph 3 shall take place
at least fifteen days before the date planned for the reintroduction
of border control.

Article 25

Procedure for cases requiring urgent action

1. Where considerations of public policy or internal security in
a Member State demand urgent action to be taken, the Member
State concerned may exceptionally and immediately reintroduce
border control at internal borders.

2.
The Member State reintroducing border control at internal
borders shall notify the other Member States and the Commission
accordingly, without delay, and shall supply the information
referred to in Article 24(1) and the reasons that justify the use of
this procedure.

Article 24

Procedure for foreseeable events

Article 26

Procedure for prolonging border control at internal
borders

1. Where a Member State is planning to reintroduce border
control at internal borders under Article 23(1), it shall as soon as
possible notify the other Member States and the Commission
accordingly, and shall supply the following information as soon
as available:

1. Member States may only prolong border control at internal
borders under the provisions of Article 23(2) after having noti-
fied the other Member States and the Commission.

(a)

the reasons for the proposed reintroduction, detailing the
events that constitute a serious threat to public policy
or internal security;

2.
The Member State planning to prolong border control shall
supply the other Member States and the Commission with all rel-
evant information on the reasons for prolonging the border con-
trol at internal borders. The provisions of Article 24(2) shall apply.

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Article 27

Informing the European Parliament

The Member State concerned or, where appropriate, the Council
shall inform the European Parliament as soon as possible of the
measures taken under Articles 24, 25 and 26. As of the third con-
secutive prolongation pursuant to Article 26, the Member State
concerned shall, if requested, report to the European Parliament
on the need for border control at internal borders.

Article 28

Provisions to be applied where border control is
reintroduce at internal borders

Where border control at internal borders is reintroduced, the rel-
evant provisions of Title II shall apply mutatis mutandis.

Article 29

Report on the reintroduction of border control at internal
borders

The Member State which has reintroduced border control at inter-
nal borders under Article 23 shall confirm the date on which that
control is lifted and, at the same time or soon afterwards, present
a report to the European Parliament, the Council and the Com-
mission on the reintroduction of border control at internal bor-
ders, outlining, in particular, the operation of the checks and the
effectiveness of the reintroduction of border control.

Article 30

Informing the public

The decision to reintroduce border control at internal borders
shall be taken in a transparent manner and the public informed
in full thereof, unless there are overriding security reasons for not
doing so.

Article 31

Confidentiality

At the request of the Member State concerned, the other Member
States, the European Parliament and the Commission shall respect
the confidentiality of information supplied in connection with the
reintroduction and prolongation of border control and the report
drawn up under Article 29.

TITLE IV

FINAL PROVISIONS

Article 32

Amendments to the Annexes

Annexes III, IV and VIII shall be amended in accordance with the
procedure referred to in Article 33(2).

Article 33

Committee

2. Where reference is made to this paragraph, Articles 5 and 7
of Decision 1999/468/EC shall apply, having regard to the pro-
visions of Article 8 thereof and provided that the implementing
measures adopted in accordance with this procedure do not
modify the essential provisions of this Regulation.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

4. Without prejudice to the implementing measures already
adopted, the application of the provisions of this Regulation con-
cerning the adoption of technical rules and decisions in accor-
dance with the procedure referred in paragraph 2 shall be
suspended four years after the entry into force of this Regulation.
On a proposal from the Commission, the European Parliament
and the Council may renew the provisions concerned in accor-
dance with the procedure laid down in Article 251 of the Treaty
and, to that end, shall review them prior to the expiry of the four-
year period.

Article 34

Notifications

1. Member States shall notify the Commission of:

(a)

the list of residence permits;

(b)

the list of their border crossing points;

(c)

the reference amounts required for the crossing of their exter-
nal borders fixed annually by the national authorities;

(d)

the list of national services responsible for border control;

(e)

the specimen of model cards issued by Foreign Ministries.

2.
The Commission shall make the information notified in
conformity with paragraph 1 available to the Member States and
the public through publication in the Official Journal of the Euro-
pean Union, C Series, and by any other appropriate means.

Article 35

Local border traffic

This Regulation shall be without prejudice to Community rules
on local border traffic and to existing bilateral agreements on
local border traffic.

Article 36

Ceuta and Melilla

The provisions of this Regulation shall not affect the special rules
applying to the cities of Ceuta and Melilla, as defined in the Dec-
laration by the Kingdom of Spain on the cities of Ceuta and Melilla
in the Final Act to the Agreement on the Accession of the King-
dom of Spain to the Convention implementing the Schengen
Agreement of 14 June 1985 (1).

The Commission shall be assisted by a committee, herein-

1.
after ‘the Committee’.

(1) OJ L 239, 22.9.2000, p. 73.

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Article 37

Notification of information by the Member States

By 26 October 2006, the Member States shall notify the Commis-
sion of national provisions relating to Article 21(c) and (d), the
penalties as referred to in Article 4(3) and the bilateral arrange-
ments concluded in accordance with Article 17(1). Subsequent
changes to those provisions shall be notified within five working
days.

The information notified by the Member States shall be published
in the Official Journal of the European Union, C Series.

Article 38

Report on the application of Title III

The Commission shall submit to the European Parliament and the
Council by 13 October 2009 a report on the application of
Title III.

The Commission shall pay particular attention to any difficulties
arising from the reintroduction of border control at internal bor-
ders. Where appropriate,
it shall present proposals aimed at
resolving such difficulties.

Article 39

Repeals

(b)

the decisions of the Schengen Executive Committee of
26 April 1994 (SCH/Com-ex (94) 1, rev 2), 22 December
1994 (SCH/Com-ex (94)17, rev. 4) and 20 December 1995
(SCH/Com-ex (95) 20, rev. 2);

(c) Annex 7 to the Common Consular Instructions;

(d) Council Regulation (EC) No 790/2001 of 24 April 2001
reserving to the Council implementing powers with regard
to certain detailed provisions and practical procedures for
carrying out border checks and surveillance (1);

(e) Council Decision 2004/581/EC of 29 April 2004 determin-
ing the minimum indications to be used on signs at external
border crossing points (2);

(f) Council Decision 2004/574/EC of 29 April 2004 amending

the Common Manual (3);

(g) 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 docu-
ments of third country nationals when they cross the exter-
nal borders of
the Member States and amending the
provisions of the Convention implementing the Schengen
agreement and the Common Manual to this end (4).

References to the Articles deleted and instruments repealed

3.
shall be construed as references to this Regulation.

1.
Articles 2 to 8 of the Convention implementing the Schen-
gen Agreement of 14 June 1985 shall be repealed with effect from
13 October 2006.

The following shall be repealed with effect from the date

2.
referred to in paragraph 1:

(a)

the Common Manual, including its annexes;

Article 40

Entry into force

This Regulation shall enter into force on 13 October 2006. How-
ever, Article 34 shall enter into force on the day after its publica-
tion in the Official Journal of the European Union.

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, 15 March 2006.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
H. WINKLER

(1) OJ L 116, 26.4.2001, p. 5. Regulation amended by Decision

2004/927/EC (OJ L 396, 31.12.2004, p. 45).

(2) OJ L 261, 6.8.2004, p. 119.
(3) OJ L 261, 6.8.2004, p. 36.
(4) OJ L 369, 16.12.2004, p. 5.

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ANNEX I

Supporting documents to verify the fulfilment of entry conditions

The documentary evidence referred to in Article 5(2) may include the following:

(a)

for business trips:

(i)

an invitation from a firm or an authority to attend meetings, conferences or events connected with trade, industry
or work;

(ii) other documents which show the existence of trade relations or relations for work purposes;

(iii) entry tickets for fairs and congresses if attending one;

(b)

for journeys undertaken for the purposes of study or other types of training:

(i)

a certificate of enrolment at a teaching institute for the purposes of attending vocational or theoretical courses in
the framework of basic and further training;

(ii)

student cards or certificates for the courses attended;

(c)

for journeys undertaken for the purposes of tourism or for private reasons:

(i)

supporting documents as regards lodging:

— an invitation from the host if staying with one,

— a supporting document from the establishment providing lodging or any other appropriate document indi-

cating the accommodation envisaged;

(ii)

supporting documents as regards the itinerary:

confirmation of the booking of an organised trip or any other appropriate document indicating the envisaged
travel plans;

(iii)

supporting documents as regards return:

a return or round-trip ticket.

(d)

for journeys undertaken for political, scientific, cultural, sports or religious events or other reasons:

invitations, entry tickets, enrolments or programmes stating wherever possible the name of the host organisation and
the length of stay or any other appropriate document indicating the purpose of the visit.

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ANNEX II

Registration of information

At all border crossing points, all service information and any other particularly important information shall be registered
manually or electronically. The information to be registered shall include in particular:

(a)

the names of the border guard responsible locally for border checks and of the other officers in each team;

(b)

relaxation of checks on persons applied in accordance with Article 8;

(c)

the issuing, at the border, of documents in place of passports and of visas;

(d) persons apprehended and complaints (criminal offences and administrative breaches);

(e)

persons refused entry in accordance with Article 13 (grounds for refusal and nationalities);

(f)

the security codes of entry and exit stamps, the identity of border guards to whom a given stamp is assigned at any
given time or shift and the information relating to lost and stolen stamps;

(g)

complaints from persons subject to checks;

(h) other particularly important police or judicial measures;

(i)

particular occurrences.

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ANNEX III

Model signs indicating lanes at border crossing points

PART A

(1)

(1) No logo is required for Norway and Iceland.

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PART B

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PART C

(1)

(1)

(1)

(1) No logo is required for Norway and Iceland.

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ANNEX IV

Affixing stamps

1.

The travel documents of third-country nationals shall be systematically stamped on entry and exit, in accordance with
Article 10. The specifications of those stamps are laid down in the Schengen Executive Committee Decision
SCH/COM-EX (94) 16 rev and SCH/Gem-Handb (93) 15 (CONFIDENTIAL).

2.

The security codes on the stamps shall be changed at regular intervals not exceeding one month.

3. On the entry and exit of third-country nationals subject to the visa obligation, the stamp will, if possible, be affixed so
that it covers the edge of the visa without affecting the legibility of the indications on the visa or the security features
of the visa sticker. If several stamps must be affixed (for example in the case of a multiple-entry visa, this shall be done
on the page facing the one on which the visa is affixed.

If that page cannot be used, the stamp shall be entered on the following page. The machine readable zone shall not be
stamped.

4. Member States shall designate national contact points responsible for exchanging information on the security codes of
the entry and exit stamps used at border crossing points and shall inform the other Member States, the General Sec-
retariat of the Council and the Commission thereof. Those contact points shall have access without delay to informa-
tion regarding common entry and exit stamps used at the external border of the Member State concerned, and in
particular to information on the following:

(a)

the border crossing point to which a given stamp is assigned;

(b)

the identity of the border guard to whom a given stamp is assigned at any given time;

(c)

the security code of a given stamp at any given time.

Any inquiries regarding common entry and exit stamps shall be made through the abovementioned national contact
points.

The national contact points shall also forward immediately to the other contact points, the General Secretariat of the
Council and the Commission information regarding a change in the contact points as well as lost and stolen stamps.

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ANNEX V

PART A

Procedures for refusing entry at the border

1. When refusing entry, the competent border guard shall:

(a)

(b)

(c)

fill in the standard form for refusing entry, as shown in Part B. The third-country national concerned shall sign the
form and shall be given a copy of the signed form. Where the third-country national refuses to sign, the border
guard shall indicate this refusal in the form under the section ‘comments’;

affix an entry stamp on the passport, cancelled by a cross in indelible black ink, and write opposite it on the right-
hand side, also in indelible ink, the letter(s) corresponding to the reason(s) for refusing entry, the list of which is
given on the abovementioned standard form for refusing entry;

cancel the visa by applying a stamp stating ‘CANCELLED’ in the cases referred to in paragraph 2. In such a case
the optically variable feature of the visa sticker, the security feature ‘latent image effect’ as well as the term ‘visa’
shall be destroyed by crossing it out so as to prevent any later misuse. The border guard shall inform his/her cen-
tral authorities of this decision forthwith;

(d)

record every refusal of entry in a register or on a list stating the identity and nationality of the third-country
national concerned, the references of the document authorising the third-country national to cross the border and
the reason for, and date of, refusal of entry;

2.

The visa shall be cancelled in the following cases:

(a)

if the holder of the visa is the subject of an alert in the SIS for the purposes of being refused entry unless he or she
holds a visa or re-entry visa issued by one of the Member States and wishes to enter for transit purposes in order
to reach the territory of the Member State which issued the document;

(b)

if there are serious grounds to believe that the visa was obtained in a fraudulent way.

However, the failure of the third-country national to produce, at the border, one or more of the supporting documents
referred to in Article 5(2), shall not automatically lead to a decision to cancel the visa.

3.

If a third-country national who has been refused entry is brought to the border by a carrier, the authority responsible
locally shall:

(a)

order the carrier to take charge of the third-country national and transport him or her without delay to the third
country from which he or she was brought, to the third country which issued the document authorising him or
her to cross the border, or to any other third country where he or she is guaranteed admittance, or to find means
of onward transportation in accordance with Article 26 of the Schengen Convention and Council Directive
2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the
Schengen Agreement of 14 June 1985 (1);

(b) pending onward transportation, take appropriate measures, in compliance with national law and having regard

to local circumstances, to prevent third-country nationals who have been refused entry from entering illegally.

4.

If there are grounds both for refusing entry to a third-country national and arresting him or her, the border guard shall
contact the authorities responsible to decide on the action to be taken in accordance with national law.

(1) OJ L 187, 10.7.2001, p. 45.

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PART B

Standard form for refusal of entry at the border

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Specific rules for the various types of border and the various means of transport used for crossing the Member
States’ external borders

ANNEX VI

1.

Land borders

1.1.

Checks on road traffic

1.1.1. To ensure effective checks on persons, while ensuring the safety and smooth flow of road traffic, movements at bor-
der crossing points shall be regulated in an appropriate manner. Where necessary, Member States may conclude bilat-
eral agreements to channel and block traffic. They shall inform the Commission thereof pursuant to Article 37.

1.1.2. At land borders, Member States may, where they deem appropriate and if circumstances allow, install or operate

separate lanes at certain border crossing points, in accordance with Article 9.

Separate lanes may be dispensed with at any time by the Member States’ competent authorities, in exceptional cir-
cumstances and where traffic and infrastructure conditions so require.

Member States may cooperate with neighbouring countries with a view to the installation of separate lanes at exter-
nal border crossing points.

1.1.3. As a general rule, persons travelling in vehicles may remain inside them during checks. However, if circumstances so
require, persons may be requested to alight from their vehicles. Thorough checks will be carried out, if local circum-
stances allow, in areas designated for that purpose. In the interests of staff safety, checks will be carried out, where
possible, by two border guards.

1.2.

Checks on rail traffic

1.2.1. Checks shall be carried out both on train passengers and on railway staff on trains crossing external borders, includ-
ing those on goods trains or empty trains. Those checks shall be carried out in either one of the following two ways:

— on the platform, in the first station of arrival or departure on the territory of a Member State,

— on board the train, during transit.

Member States may conclude bilateral agreements on how to conduct those checks. They shall inform the Commis-
sion thereof pursuant to Article 37.

1.2.2. By way of derogation from point 1.2.1 and in order to facilitate rail traffic flows of high-speed passenger trains, the
Member States on the itinerary of these trains from third countries may also decide, by common agreement with
third countries concerned, to carry out entry checks on persons in trains from third countries in either one of the
following ways:

— in the stations in a third country where persons board the train,

— in the stations where persons disembark within the territory of the Member States,

— on board the train during transit between the stations on the territory of the Member States, provided that the

persons stay on board the train in the previous station/stations.

1.2.3. With respect to high-speed trains from third countries making several stops in the territory of the Member States, if
the rail transport carrier is in a position to board passengers exclusively for the remaining part of the journey within
the territory of the Member States, such passengers shall be subject to entry checks either on the train or at the sta-
tion of destination except where checks have been carried out pursuant to points 1.2.1 or 1.2.2 first indent.

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Persons who wish to take the train exclusively for the remaining part of the journey within the territory of the Mem-
ber States shall receive clear notification prior to the train’s departure that they will be subject to entry checks during
the journey or at the station of destination.

1.2.4. When travelling in the opposite direction, the persons on board the train shall be subject to exit checks under simi-

lar arrangements.

1.2.5. The border guard may order the cavities of carriages to be inspected if necessary with the assistance of the train

inspector, to ensure that persons or objects subject to border checks are not concealed in them.

1.2.6. Where there are reasons to believe that persons who have been reported or are suspected of having committed an
offence, or third-country nationals intending to enter illegally, are hiding on a train, the border guard, if he or she
cannot act in accordance with his national provisions, shall notify the Member States towards or within whose ter-
ritory the train is moving.

2.

Air borders

2.1.

Procedures for checks at international airports

2.1.1. The competent authorities of the Member States shall ensure that the airport operator takes the requisite measures
to physically separate the flows of passengers on internal flights from the flows of passengers on other flights. Appro-
priate infrastructures shall be set in place at all international airports to that end.

2.1.2. The place where border checks are carried out shall be determined in accordance with the following procedure:

(a)

passengers on a flight from a third country who board an internal flight shall be subject to an entry check at the
airport of arrival of the flight from a third country. Passengers on an internal flight who board a flight for a
third country (transfer passengers) shall be subject to an exit check at the airport of departure of the latter flight;

(b)

for flights from or to third countries with no transfer passengers and flights making more than one stop-over
at the airports of the Member States where there is no change of aircraft:

(i)

passengers on flights from or to third countries where there is no prior or subsequent transfer within the
territory of the Member States shall be subject to an entry check at the airport of entry and an exit check
at the airport of exit;

(ii) passengers on flights from or to third countries with more than one stop-over on the territory of the Mem-
ber States where there is no change of aircraft (transit passengers), and provided that passengers cannot
board the aircraft for the leg situated within the territory of the Member States, shall be subject to an entry
check at the airport of arrival and an exit check at the airport of departure;

(iii) where an airline may, for flights from third countries with more than one stop-over within the territory of
the Member States, board passengers only for the remaining leg within that territory, passengers shall be
subject to an exit check at the airport of departure and an entry check at the airport of arrival.

Checks on passengers who, during those stop-overs, are already on board the aircraft and have not boarded
in the territory of the Member States shall be carried out in accordance with point (b)(ii). The reverse pro-
cedure shall apply to that category of flights where the country of destination is a third country.

2.1.3. Border checks will normally not be carried out on the aircraft or at the gate, unless it is justified on the basis of an
assessment of the risks related to internal security and illegal immigration. In order to ensure that, at the airports
designated as border crossing points, persons are checked in accordance with the rules set out in Articles 6 to 13,
Member States shall ensure that the airport authorities take the requisite measures to channel passenger traffic to
facilities reserved for checks.

Member States shall ensure that the airport operator takes the necessary measures to prevent unauthorised persons
entering and leaving the reserved areas, for example the transit area. Checks will normally not be carried out in the
transit area, unless it is justified on the basis of an assessment of the risks related to internal security and illegal immi-
gration; in particular checks in this area may be carried out on persons subject to an airport transit visa in order
to check that they are in possession of such a visa.

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2.1.4. Where, in cases of force majeure or imminent danger or on the instructions of the authorities, an aircraft on a flight
from a third country has to land on a landing ground which is not a border crossing point, that aircraft may con-
tinue its flight only after authorisation from the border guards and from customs. The same shall apply where an
aircraft on a flight from a third country lands without permission. In any event, Articles 6 to 13 shall apply to checks
on persons on those aircraft.

2.2.

Procedures for checks in aerodromes

2.2.1.

It shall be ensured that persons are also checked, in accordance with Articles 6 to 13, in airports which do not hold
the status of international airport under the relevant national law (aerodromes) but through which the routing of
flights from or to third countries is authorised.

2.2.2. By way of derogation from point 2.1.1 it shall not be necessary to make appropriate arrangements in aerodromes to
ensure that inflows of passengers from internal and other flights are physically separated, without prejudice to Regu-
lation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing com-
mon rules in the field of civil aviation security (1). In addition, when the volume of traffic is low, the border guards
need not be present at all times, provided that there is a guarantee that the necessary personnel can be deployed in
good time.

2.2.3. When the presence of the border guards is not assured at all times in the aerodrome, the manager of the aerodrome
shall give adequate notice to the border guards about the arrival and the departure of aircrafts on flights from or to
third countries.

2.3.

Checks on persons on private flights

2.3.1.

In the case of private flights from or to third countries the captain shall transmit to the border guards of the Member
State of destination and, where appropriate, of the Member State of first entry, prior to take-off, a general declara-
tion comprising inter alia a flight plan in accordance with Annex 2 to the Convention on International Civil Avia-
tion and information concerning the passengers’ identity.

2.3.2. Where private flights coming from a third country and bound for a Member State make stop-overs in the territory
of other Member States, the competent authorities of the Member State of entry shall carry out border checks and
affix an entry stamp to the general declaration referred to in point 2.3.1.

2.3.3. Where uncertainty exists whether a flight is exclusively coming from, or solely bound for, the territories of the Mem-
ber States without stop-over on the territory of a third country, the competent authorities shall carry out checks on
persons in airports and aerodromes in accordance with points 2.1 to 2.2.

2.3.4. The arrangements for the entry and exit of gliders, micro-light aircraft, helicopters, small-scale aircraft capable of fly-
ing short distances only and airships shall be laid down by national law and, where applicable, by bilateral agreements.

3.

Sea borders

3.1.

General checking procedures on maritime traffic

3.1.1. Checks on ships shall be carried out at the port of arrival or departure, on board ship or in an area set aside for the
purpose, located in the immediate vicinity of the vessel. However, in accordance with the agreements reached on the
matter, checks may also be carried out during crossings or, upon the ship’s arrival or departure, in the territory of a
third country.

The purpose of checks is to ensure that both crew and passengers fulfil the conditions laid down in Article 5, with-
out prejudice to Article 19(1)(c).

3.1.2. The ship’s captain or, failing that, the individual or corporation who represents the shipowner in all matters relating
to the shipowner’s duties in fitting out the vessel (shipowner’s agent), shall draw up a list, in duplicate, of the crew
and of any passengers. At the latest upon arriving in the port he or she shall give the list(s) to the border guards. If,
for reasons of force majeure, the list or lists cannot be sent to the border guards, a copy will be sent to the appro-
priate border post or shipping authority, which shall forward it without delay to the border guards.

3.1.3. One copy of the two lists duly signed by the border guard shall be returned to the ship’s captain, who shall produce

it on request when in port.

(1) OJ L 355, 30.12.2002, p. 1. Regulation as amended by Regulation (EC) No 849/2004 (OJ L 158, 30.4.2004, p. 1).

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3.1.4. The ship’s captain, or failing that, the shipowner’s agent shall report to the competent authority promptly any

changes to the composition of the crew or the number of passengers.

In addition, the captain shall notify the competent authorities promptly, and if possible even before the ship enters
port, of the presence on board of stowaways. Stowaways will, however, remain under the responsibility of the ship’s
captain.

3.1.5. The ship’s captain shall notify the border guards of the ship’s departure in due time and in accordance with the rules
in force in the port concerned; if he or she is unable to notify them, he or she shall advise the appropriate shipping
authority. The second copy of the previously completed and signed list(s) shall be returned to border guards or ship-
ping authorities.

3.2.

Specific check procedures for certain types of shipping

C r u i s e s h i p s

3.2.1. The cruise ship’s captain or, failing that, the shipowner’s agent shall transmit to the respective border guards the itin-
erary and the programme of the cruise, at least 24 hours before leaving the port of departure and before the arrival
at each port in the territory of the Member States.

3.2.2.

If the itinerary of a cruise ship comprises exclusively ports situated in the territory of the Member States, by way of
derogation from Articles 4 and 7, no border checks shall be carried out and the cruise ship may dock at ports which
are not border crossing points.

Nevertheless, on the basis of an assessment of the risks related to internal security and illegal immigration, checks
may be carried out on the crew and passengers of those ships.

3.2.3.

If the itinerary of a cruise ship comprises both ports situated in the territory of the Member States and ports situated
in third countries, by way of derogation from Article 7, border checks shall be carried out as follows:

(a) where the cruise ship comes from a port situated in a third country and calls for the first time at a port situated
in the territory of a Member State, crew and passengers shall be subject to entry checks on the basis of the nomi-
nal lists of crew and passengers, as referred to in point 3.2.4.

Passengers going ashore shall be subject to entry checks in accordance with Article 7 unless an assessment of
the risks related to internal security and illegal immigration shows that there is no need to carry out such checks;

(b) where the cruise ship comes from a port situated in a third country and calls again at a port situated in the ter-
ritory of a Member State, crew and passengers shall be subject to entry checks on the basis of the nominal lists
of crew and passengers as referred to in point 3.2.4 to the extent that those lists have been modified since the
cruise ship called at the previous port situated in the territory of a Member State.

Passengers going ashore shall be subject to entry checks in accordance with Article 7 unless an assessment of
the risks related to internal security and illegal immigration shows that there is no need to carry out such checks;

(c) where the cruise ship comes from a port situated in a Member State and calls at such a port, passengers going
ashore shall be subject to entry checks in accordance with Article 7 if an assessment of the risks related to inter-
nal security and illegal immigration so requires;

(d) where a cruise ship departs from a port situated in a Member State to a port in a third country, crew and pas-

sengers shall be subject to exit checks on the basis of the nominal lists of crew and passengers.

If an assessment of the risks related to internal security and illegal immigration so requires, passengers going
on board shall be subject to exit checks in accordance with Article 7;

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(e) where a cruise ship departs from a port situated in a Member State to such a port, no exit checks shall be car-

ried out.

Nevertheless, on the basis of an assessment of the risks related to internal security and illegal immigration,
checks may be carried out on the crew and passengers of those ships.

3.2.4. The nominal lists of crew and passengers shall include:

(a)

name and surname;

(b) date of birth;

(c)

nationality;

(d) number and type of travel document and, where applicable, visa number.

The cruise ship’s captain or, failing that, the shipowner’s agent shall transmit to the respective border guards the
nominal lists at least 24 hours before the arrival at each port in the territory of the Member States or, where the jour-
ney to this port lasts less than 24 hours, immediately after the boarding is completed in the previous port.

The nominal list shall be stamped at the first port of entry into the territory of the Member States and in all cases
thereafter if the list is modified. The nominal list shall be taken into account in the assessment of the risks as referred
to in point 3.2.3.

P l e a s u r e b o a t i n g

3.2.5. By way of derogation from Articles 4 and 7, persons on board a pleasure boat coming from or departing to a port
situated in a Member State shall not be subject to border checks and may enter a port which is not a border crossing
point.

However, according to the assessment of the risks of illegal immigration, and in particular where the coastline of a
third country is located in the immediate vicinity of the territory of the Member State concerned, checks on those
persons and/or a physical search of the pleasure boat shall be carried out.

3.2.6. By way of derogation from Article 4, a pleasure boat coming from a third country may, exceptionally, enter a port
which is not a border crossing point. In that case, the persons on board shall notify the port authorities in order to
be authorised to enter that port. The port authorities shall contact the authorities in the nearest port designated as a
border crossing point in order to report the vessel’s arrival. The declaration regarding passengers shall be made by
lodging the list of persons on board with the port authorities. That list shall be made available to the border guards,
at the latest upon arrival.

Likewise, if for reasons of force majeure the pleasure boat coming from a third country has to dock in a port other
than a border crossing point, the port authorities shall contact the authorities in the nearest port designated as a bor-
der crossing point in order to report the vessel’s presence.

3.2.7. During those checks, a document containing all the technical characteristics of the vessel and the names of the per-
sons on board shall be handed in. A copy of that document shall be given to the authorities in the ports of entry and
departure. As long as the vessel remains in the territorial waters of one of the Member States, a copy of that docu-
ment shall be included amongst the ship’s papers.

C o a s t a l

f i s h i n g

3.2.8. By way of derogation from Articles 4 and 7, the crews of coastal fisheries vessels which return every day or within
36 hours to the port of registration or to any other port situated in the territory of the Member States without dock-
ing in a port situated in the territory of a third country shall not be systematically checked. Nevertheless, the assess-
ment of the risks of illegal immigration, in particular where the coastline of a third country is located in the
immediate vicinity of the territory of the Member State concerned, shall be taken into account in order to determine
the frequency of the checks to be carried out. According to those risks, checks on persons and/or a physical search
of the vessel shall be carried out.

3.2.9. The crews of coastal fisheries vessels not registered in a port situated in the territory of a Member State shall be

checked in accordance with the provisions relating to seamen.

The ship’s captain shall notify the competent authorities of any alteration to the crew list and of the presence of any
passengers.

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F e r r y c o n n e c t i o n s

3.2.10. Checks shall be carried out on persons on board ferry connections with ports situated in third countries. The fol-

lowing rules shall apply:

(a) where possible, Member States shall provide separate lanes, in accordance with Article 9;

(b)

checks on foot passengers shall be carried out individually;

(c)

checks on vehicle occupants shall be carried out while they are at the vehicle;

(d)

(e)

ferry passengers travelling by coach shall be considered as foot passengers. Those passengers shall alight from
the coach for the checks;

checks on drivers of heavy goods vehicles and any accompanying persons shall be conducted while the occu-
pants are at the vehicle. Those checks will in principle be organised separately from checks on the other
passengers;

(f)

to ensure that checks are carried out quickly, there shall be an adequate number of gates;

(g)

so as to detect illegal immigrants in particular, random searches shall be made on the means of transport used
by the passengers, and where applicable on the loads and other goods stowed in the means of transport;

(h)

ferry crew members shall be dealt with in the same way as commercial ship crew members.

4.

Inland waterways shipping

4.1.

4.2.

‘Inland waterways shipping involving the crossing of an external border’ covers the use, for business or pleasure pur-
poses, of all types of boat and floating vessels on rivers, canals and lakes.

As regards boats used for business purposes, the captain and the persons employed on board who appear on the
crew list and members of the families of those persons who live on board shall be regarded as crew members or
equivalent.

4.3.

The relevant provisions of points 3.1 to 3.2 shall apply mutatis mutandis to checks on inland waterways shipping.

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ANNEX VII

Special rules for certain categories of persons

1.

Heads of State

By way of derogation from Article 5 and Articles 7 to 13, Heads of State and the members of their delegation, whose
arrival and departure have been officially announced through diplomatic channels to the border guards, may not be
subject to border checks.

2.

Pilots of aircraft and other crew members

2.1. By way of derogation from Article 5 the holders of a pilot’s licence or a crew member certificate as provided for in
Annex 9 to the Civil Aviation Convention of 7 December 1944 may, in the course of their duties and on the basis of
those documents:

(a)

embark and disembark in the stop-over airport or the airport of arrival situated in the territory of a Member State;

(b)

enter the territory of the municipality of the stop-over airport or the airport of arrival situated in the territory of
a Member State;

(c)

go, by any means of transport, to an airport situated in the territory of a Member State in order to embark on an
aircraft departing from that same airport.

In all other cases, the requirements provided for by Article 5(1) shall be fulfilled.

2.2. Articles 6 to 13 shall apply to checks on aircraft crew members. Wherever possible, priority will be given to checks on
aircraft crews. Specifically, they will be checked either before passengers or at special locations set aside for the pur-
pose. By way of derogation from Article 7, crews known to staff responsible for border controls in the performance of
their duties may be subject to random checks only.

3.

Seamen

3.1. By way of derogation from Articles 4 and 7, Member States may authorise seamen holding a seafarer’s identity docu-
ment issued in accordance with the Geneva Convention of 19 June 2003 (No 185), the London Convention of 9 April
1965 and the relevant national law, to enter into the territory of the Member States by going ashore to stay in the area
of the port where their ships call or in the adjacent municipalities without presenting themselves at a border crossing
point, on condition that they appear on the crew list, which has previously been submitted for checking by the com-
petent authorities, of the ship to which they belong.

However, according to the assessment of the risks of internal security and illegal immigration, seamen shall be subject
to a check in accordance with Article 7 by the border guards before they go ashore.

If a seaman constitutes a threat to public policy, internal security or public health, he may be refused permission to go
ashore.

3.2. Seamen who intend to stay outside the municipalities situated in the vicinity of ports shall comply with the conditions

for entry to the territory of the Member States, as laid down in Article 5(1).

4.

Holders of diplomatic, official or service passports and members of international organisations

4.1.

In view of the special privileges or immunities they enjoy, the holders of diplomatic, official or service passports issued
by third countries or their Governments recognised by the Member States, as well as the holders of documents issued
by the international organisations listed in point 4.4 who are travelling in the course of their duties, may be given pri-
ority over other travellers at border crossing points even though they remain, where applicable, subject to the require-
ment for a visa.

By way of derogation from Article 5(1)(c), persons holding those documents shall not be required to prove that they
have sufficient means of subsistence.

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4.2.

If a person presenting himself or herself at the external border invokes privileges, immunities and exemptions, the bor-
der guard may require him or her to provide evidence of his or her status by producing the appropriate documents, in
particular certificates issued by the accrediting State or a diplomatic passport or other means. If he or she has doubts,
the border guard may, in case of urgent need, apply direct to the Ministry of Foreign Affairs.

4.3. Accredited members of diplomatic missions and of consular representations and their families may enter the territory
of the Member States on presentation of the card referred to in Article 19(2) and of the document authorising them
to cross the border. Moreover, by way of derogation from Article 13 border guards may not refuse the holders of dip-
lomatic, official or service passports entry to the territory of the Member States without first consulting the appropri-
ate national authorities. This shall also apply where an alert has been entered in the SIS for such persons.

4.4. The documents issued by the international organisations for the purposes specified in point 4.1 are in particular the

following:

— United Nations laissez-passer issued to staff of the United Nations and subordinate agencies under the Convention
on Privileges and Immunities of Specialised Agencies adopted by the United Nations General Assembly on
21 November 1947 in New York,

— European Community (EC) laissez-passer,

— European Atomic Energy Community (Euratom) laissez-passer,

— legitimacy certificate issued by the Secretary-General of the Council of Europe,

— documents issued pursuant to paragraph 2 of Article III of the Agreement between the Parties to the North Atlan-
tic Treaty regarding the Status of their Force (military ID cards accompanied by a travel order, travel warrant, or
an individual or collective movement order) as well as documents issued in the framework of the Partnership for
Peace.

5.

Cross-border workers

5.1. The procedures for checking cross-border workers are governed by the general rules on border control, in particular

Articles 7 and 13.

5.2. By way of derogation from Article 7, cross-border workers who are well known to the border guards owing to their
frequent crossing of the border at the same border crossing point and who have not been revealed by an initial check
to be the subject of an alert in the SIS or in a national data file shall be subject only to random checks to ensure that
they hold a valid document authorising them to cross the border and fulfil the necessary entry conditions. Thorough
checks shall be carried out on those persons from time to time, without warning and at irregular intervals.

5.3. The provisions of point 5.2 may be extended to other categories of regular cross-border commuters.

6. Minors

6.1. Border guards shall pay particular attention to minors, whether travelling accompanied or unaccompanied. Minors
crossing an external border shall be subject to the same checks on entry and exit as adults, as provided for in this
Regulation.

6.2.

In the case of accompanied minors, the border guard shall check that the persons accompanying minors have parental
care over them, especially where minors are accompanied by only one adult and there are serious grounds for sus-
pecting that they may have been unlawfully removed from the custody of the person(s) legally exercising parental care
over them. In the latter case, the border guard shall carry out a further investigation in order to detect any inconsis-
tencies or contradictions in the information given.

6.3.

In the case of minors travelling unaccompanied, border guards shall ensure, by means of thorough checks on travel
documents and supporting documents, that the minors do not leave the territory against the wishes of the person(s)
having parental care over them.

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ANNEX VIII