Notifications under Article 37 of 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 obligation on third-country nationals to report their presence on the territory of any Member State pursuant to Article 21(d)
Date: 2008-01-24
Institutions: European Commission
Subjects: EU Member State, Schengen Agreement, administrative formalities, admission of aliens, external border of the EU, foreign national, residence permit

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Official Journal of the European Union

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Notifications under Article 37 of 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 obligation on third-country nationals to report their presence on the territory of any Member
State pursuant to Article 21(d)

(2008/C 18/04)

BELGIUM

This obligation is set out in detail in the following measures:

— Section 5 of the Act of 15 December 1980 on access to the
territory, residence, establishment and deportation of non-
nationals:

‘Non-nationals who are not staying in an establishment
which by law must register them as travellers must register
at the administration of the commune in which they are
staying within three working days of their arrival in the
kingdom, unless they belong to one of the categories of
non-nationals which the King has excused from this
obligation.

The King shall determine the method of registration and the
form of
registration proving
the document
registration has occurred.’

issued at

— Section 18 of the Royal Decree of 8 October 1981 on
residence, establishment and

to the territory,

access
deportation of non-nationals:

‘The obligation to register with the local authorities does
not apply to:

1. Non-nationals who are admitted for treatment to a
hospital or similar establishment during their visit to
Belgium;

2.

A non-national who is detained and held in a prison
or social welfare establishment.’

— Section 27 of the Royal Decree of 8 October 1981 on
residence, establishment and

to the territory,

access
deportation of non-nationals:

‘Non-national children below the age of 15 must be
registered with the local authorities by their father or
mother, or by the person or institution responsible for
them.’

— Section 28 of the Royal Decree of 8 October 1981 on
residence, establishment and

to the territory,

access
deportation of non-nationals:

official communications. The local commune authorities
are responsible for issuing a certificate recognising their
presence on the list of non-nationals registered with the
commune in question.’

BULGARIA

The obligation of third-country nationals to report their presence
on the territory of any Member State pursuant to Article 22 of
the Schengen Convention is governed by the Law on foreign
nationals in the Republic of Bulgaria:

Article 18(1): ‘When entering the Republic of Bulgaria, foreign
nationals shall fill in an address card in accordance with the
model approved by the Minister of the Interior on which they
declare the aim of their visit and indicate in writing the address at
which they will reside.’

CZECH REPUBLIC

The obligation on third-country nationals
their
presence on the territory of the Czech Republic pursuant to
the provisions of Article 22 of the Schengen Convention is
stipulated by Act No 326/1999 Coll., on the Stay of Aliens in the
Territory of the Czech Republic (Chapter VII, § § 93 - 102
concerning report of stay on the territory).

to report

According to the Act the foreigner is obliged to report his/her
presence on the territory of the Czech Republic within three days
upon his/her arrival at the Police.

DENMARK

Denmark has chosen not
Schengen Agreement.

to implement Article 22 of

the

The Aliens Act and the Aliens Order do not contain any
provisions on the obligation of third-country nationals to notify
their presence in the country when entering from another
Schengen country.

GERMANY

‘Non-nationals living in caravans, cars or boats must
register within the stipulated time limit on the list of non-
nationals in the commune in which they wish to receive

Article 22 of the Schengen Convention requires third-country
nationals to report their presence on the territory of a Member
State. Sections 11, 14 and 16 of the Framework Registration Act

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and the corresponding provisions of the Länder registration
legislation provide for this reporting requirement.

agreement on the abolition of border controls shall be
obliged to declare their entry in person to the Spanish
police authorities.’;

The Framework Registration Act and the Länder registration
legislation require everyone to register when they move into
accommodation in Germany and to de-register when they leave
the country. They must register or de-register with the local
registration office within one/two weeks of moving in or out.

2.

‘If such a declaration is not made at the time of entry, it
must be made within three working days of the date of
entry at any National Police station or Aliens Office.’

This registration requirement applies to both Germans and non-
nationals. There is therefore no distinction between nationals of
other EU countries and third-country citizens.

FRANCE

This is without prejudice to the special registration requirement
for people staying in accommodation, hospitals or care homes.

French legislation provides this obligation under Articles L. 531-
2, R. 211-32, R.211-33, R.212-5 and R.212-6 of the CESEDA
(Code de l'entrée et du séjour des étrangers et du droit d'asile), that states
that third-country nationals shall subscribe to a declaration at
their entry on the metropolitan territory.

ESTONIA

ITALY

Pursuant to Article 9 of State Borders Act (published in the Riigi
Teataja (State Gazette) I 1994, 54, 902; 2006, 26, 191), State
border can be crossed through border checkpoints. For this
reason notification of presence is not necessary.

The information will be published later.

GREECE

Article 87(1) and (2) of Law 3386/2005 provides that third
country nationals must, immediately upon entry into Greece,
report their arrival to the persons providing accommodation to
them by presenting their passport or any other travel document
recognised by international conventions, an entry visa or a
residence permit. The persons providing accommodation or
temporary residence must then immediately notify the Police
Department and the competent Foreigners and Immigration
Office of the arrival and departure of the foreigners they are
putting up. A fine ranging from EUR 1 500 to EUR 3 000 is
imposed on foreigners and other persons who violate the
relevant provisions.

CYPRUS

Regulations 242/72, as amended, issued under the Aliens and
Immigration Law, Cap. 105, as amended, paragraphs 35 and 36,
provide that any alien who arrives in the Republic of Cyprus shall
within seven days of his arrival present himself to the office of
the registration officer of the registration district in which he
intends to have his residence or intended residence and shall be
issued under this provision a certificate of registration.

LATVIA

Third-country nationals, when applying for permanent or
temporary residence permits in the Republic of Latvia must
declare their place of residence.

SPAIN

LITHUANIA

Under Spanish law,
certain cases to declare that they have entered the country.

third-country nationals are required in

There are no obligations on third-country nationals to report
their presence on the territory of Lithuania pursuant to the
provisions of Article 22 of the Schengen Convention.

Article 12 of Royal Decree 2393/2004 of 30 December 2004
adopting the implementing Regulations on Organic Law 4/2000
of 11 January 2000 on the rights and freedoms of foreign
nationals in Spain and their social integration, reads as follows:

LUXEMBOURG

1.

‘Foreign nationals arriving on Spanish territory who have
come from a country with which Spain has signed an

Third-country nationals have to report their presence in the
country within three days to the commune or to the hotel where
they are staying.

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HUNGARY

Article 4.48 of the Aliens Decree specifies as follows:

Article 88 of Act XXXIX of 2001 on the entry and stay of
Foreigners stipulates that foreigners are obliged to report their
place of accommodation to the Aliens policing authorities.

MALTA

Currently, third-country nationals are only bound to comply
with the entry requirements as stipulated in the Immigration Act
(Cap. 217) and subsidiary legislation. Legislation as stipulated in
Article 22 of the Schengen Convention is to be enacted prior to
Malta's accession to the Schengen zone.

THE NETHERLANDS

Article 4.4 of the Aliens Decree specifies that a foreign national
who enters or leaves the Netherlands via an external boundary
must report to a border crossing point at the external border
during opening hours and report to an official responsible for
border control. Our Minister may grant an exemption from this
requirement in certain circumstances. The foregoing does not
apply to citizens of the Benelux countries.

regards

the registration requirement,

Conditional access may also be made subject to a registration
requirement. As
this
involves, in principle: reporting within three days to the Aliens
the regional police force covering the
Police division of
municipality where the foreign national will be staying.
If,
because of a Saturday, Sunday or public holiday, the foreign
national is not able to fulfil the registration requirement within
three days, the following endorsement will be made on the
border crossing document: ‘report not later than …. (date)’.

Article 4.39, Aliens Decree, also provides that a foreign national
without lawful residence must immediately report in person to
the Commissioner of Police of the regional police force covering
the municipality where he is staying.

Article 4.47 of the Aliens Decree specifies as follows:

‘1. A foreign national residing lawfully, as defined in section 8.i
of the Act, and who has arrived in the Netherlands for a
stay of longer than three months, must report in person
within three days after his arrival in the Netherlands to the
Commissioner of Police of
the regional police force
covering the municipality in which his place of residence
is situated.

‘1. A foreign national residing lawfully, as defined in section 8.i
of the Act, and who has arrived in the Netherlands for a
stay of a maximum of three months, must report in person
within three days after his arrival in the Netherlands to the
Commissioner of Police of
the regional police force
covering the municipality in which his place of residence
is situated.

2.

3.

Any registration requirement under the foregoing para-
graph for a foreign national below the age of 12 years will
be incumbent on the individual with whom the foreign
national is living or residing.

Paragraph 1 does not apply to foreign nationals who take
lodgings in a hotel or an institution whose owner, occupier
or manager is obliged by municipal regulations to intimate
the provision of overnight accommodation to individuals to
the designated authorities.’

Article 4.49 of the Aliens Decree specifies as follows:

‘1. A foreign national in possession of a visa or document for
crossing borders in which the appropriate competent
authority has placed a notification concerning reporting
to the Aliens Police in the Netherlands will, within three
days after his arrival in the Netherlands, report in person to
the Commissioner of Police of the regional police force
covering the municipality specified in that endorsement.

2.

Paragraph 1 is not applicable to citizens of a State which is
a party to the Treaty on the incorporation of the European
Community,
relating to the European
the Agreement
Economic Area or citizens of Switzerland.’

Article 4.50 of the Aliens Decree specifies as follows:

‘1.

2.

The foreign national who has come to the Netherlands to
seek work as a seaman on board a ship will, within three
days after his arrival in the Netherlands, report in person to
the Commissioner of Police of the regional police force for
the municipality where he is looking for work.

Paragraph 1 is not applicable to citizens of a State which is
a party to the Treaty establishing the European Community,
the Agreement on the European Economic Area or citizens
of Switzerland.’

2.

3.

In calculating the period of three months mentioned in
paragraph 1, earlier residence in the Netherlands within a
period of six months immediately prior to arrival will be
taken into account.

AUSTRIA

If the foreign national is below the age of 12 years, the
person with whom he is living or residing will make the
report.’

§ 5 of the Federal Austrian Act governing the obligation to register
with the police (Reporting Act 1991 — MeldeG), Federal Austrian
Law Gazette 1992/9 in the version of Federal Austrian Law Gazette I
2006/45

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Accommodation in hotels

‘(1) Anyone who takes up accommodation as a guest in a hotel
must, irrespective of the period for which he/she avails him/
herself of said accommodation, be registered by means of an
entry in the visitors' book without undue delay and in any case
within 24 hours of arrival.

(2) Anyone leaving accommodation as a guest in a hotel must
have his/her registration cancelled by means of an entry in the
visitors' book within the period from 24 hours prior
to
departure until immediately after departure.

(3) Members of tour parties comprising at least eight people
shall be excluded, with the exception of the group leader, from
the obligation to register as per (1) and (2), if, on arrival at the
accommodation, the group leader submits to the host or his/her
authorised representative a collective list, showing the names and
nationality and — in the case of foreign guests — the type,
number and issuing authority of the travel document, for this
group of people. This provision shall apply only if the tour party
does not take accommodation in the same hotel together for any
longer than one week.

obliged to collaborate on establishment of his/her identity. If this
person registers this accommodation as his/her main place of
residence and if the person to be registered has already registered
a main place of residence in the territory of the Federal Republic
of Austria, any cancellation of
registration or change of
registration (§ 11 (2)) in respect of this accommodation must
be effected at that registration office competent for the main
place of residence at the same time.

(4) The registration office must confirm the registration and
where appropriate any change of registration or cancellation of
registration in writing. This is done by applying the registration
note to one copy, which shows the registrations from the
aggregate database which have been maintained or — on request
from the party obliged to register — to one copy of
the
registration data amended most recently. If, in the course of a
registration, a change of registration is made with a registration
office competent in accordance with (3), the latter registration
office shall be responsible for amending the Central Residential
Register; the registration office affected (1) shall be provided with
the opportunity to access the Central Residential Register for
information purposes.’

(4) Where the period of accommodation in a hotel amounts to
more than two months, the guest must also be registered with
the registration authorities. The registration must be effected no
later than the third day after the two months have elapsed;
otherwise, the provisions of § § 3 and 4 shall apply mutatis
mutandis.’

§ 4 MeldeG — Accommodation in apartments; cancellation of
registration

‘(1) Any person giving up accommodation in an apartment
must have his/her registration at the registration office cancelled
within three days before or after he/she does so.

§ 6 of Federal Austrian Act governing the obligation to register with
the police (Reporting Act 1991 — MeldeG), Federal Austrian Law
Gazette 1992/9 in the version of Federal Austrian Law Gazette I
2006/45

‘Aliens subject to the obligation to register who pursue gainful
employment in the territory of the Federal Republic of Austria
which requires an official permit must, notwithstanding any
obligation to register pursuant to § 5, also be registered with and
have their registration cancelled by the reporting authorities. The
provisions of § § 3 and 4 shall apply mutatis mutandis.’

§ 3 Reporting Act
registration

(MeldeG) — accommodation in apartments;

‘(1) Anyone taking up accommodation in an apartment must
be registered with the registration authorities within three days
thereafter.

(2) The registration form must be completed in full as
appropriate for each person to be registered. If the apartment
is located in a building with a number of addresses,
the
designation of the apartment as per § 14 (2) of the Austrian Post
Office Act 1997 should be used.

(3) The registration form, duly completed, and public notarial
deeds showing the identity data (§ 1 (5a)) — apart from the
number on the Residential Register — of the person taking up
the accommodation are required for registration; this person is

(2)
Provided documentary evidence is furnished of the identity
of the person subject to a registration obligation, the registration
may also be cancelled at the registration office competent for the
registration when a registration is made.

(3) A registration form must be duly completed in full for every
person whose registration is to be cancelled.

from the latter, on a copy of

(4) The registration office must confirm the cancellation on the
copy in writing of the aggregate database (§ 16) for the party
affected or, on request
the
registration data as most recently amended, by application of the
registration note which will be handed to the person subject to a
registration obligation as documentary evidence
the
registration has been cancelled. If cancellation of registration is
effected at a registration office competent in accordance with (2)
or § 3 (3), the latter registration office shall be responsible for
amending the Central Residential Register; the registration office
affected (1) shall be provided with access to the Central
Residential Register for information purposes.’

that

§ 1 MeldeG — Definitions of terms

if

located in Austria and State,

Identity data are names, sex, dates of birth (town, date,
‘(5a)
province,
located abroad),
residential register number (central residential register number)
and nationality; in the case of aliens, the type, number, issuing
office and date of issue and the State of issue of their travel
document as well.’

if

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§ 11 MeldeG — Amendment of data registered

if

the main place of

‘(2) A change of registration must be effected within one
month if those amendments listed in (1) and (1a) were made
abroad or
residence is relocated to
accommodation or relocated away from accommodation with-
out any link with a complaint procedure (§ 17). In the change of
registration for the new place of residence, the person subject to
a registration obligation must provide documentary evidence
showing that a change of registration has been effected in respect
of the former main place of residence.’

POLAND

According to Articles 23 to 26 of the Law on Register of the
Population and Identity Cards of 10 April 1974 (Journal of Laws
of 06.139.993 with later amendments), aliens staying on the
territory of the Republic of Poland are obliged to report their
presence in accordance with the rules set out in the above-
mentioned Law.

Aliens staying elsewhere than a hotel, an accommodation
provided in connection with work, education, medical treatment
or holiday making are obliged to report their temporary presence
not later than within four days after crossing the border of the
Republic of Poland.

If the fourth day of presence is a holiday, the last reporting day is
the next working day.

Temporary stay of a tourist group is reported by the tour leader
who is obliged to submit the hotel manager or an authorised
member of the hotel staff a list of the tourist's group members
and travel documents authorising them to stay on the territory of
the Republic of Poland.

1.
An alien while reporting his permanent presence shall
provide all the required data as well as his or her residence card
issued in consequence of granting him or her settlement permit,
the EC long-term residence permit, refugee status or tolerated
stay permit, or settlement permit, the EC long-term residence
permit, decision on giving him or her the refugee status in the
Republic of Poland or decision on giving him or her permission
for a tolerated stay.

2.
An alien reporting temporary stay lasting not longer than
three months shall provide required data and presents his or her
visa and in case when he or she crossed the border in accordance
with an agreement abolishing or limiting the requirement for a
visa — a travel document, a alien's temporary identity card, a
residence card or a fixed period residence permit, a settlement
permission or the EC long-term residence permission or decision
on giving him or her the refugee status in the Republic of Poland
or decision on giving him or her permission for a tolerated stay.

PORTUGAL

Article 26(1) of Decree-Law 244/98 of 8 August 1998, as
amended by Decree-Law 34/2003 of 25 February 2003, makes it

obligatory to report entry into the country: ‘Aliens entering the
country from another Member State by way of a border not
subject to border control shall be required to report this fact
within three working days of such entry’.

ROMANIA

Article 102 of the Aliens Act No 194/2002 provides that:

‘(1) The alien who entered legally on the Romanian territory
has the obligation to announce it to the competent territorial
authority, three days after the date of entry. The citizens of the
EU and EEA Member States are exempted from this obligation.

(2) When accommodated in a hotel or other tourist facility, the
alien will fulfil the registration formalities by the administration
office; the latter will communicate the necessary data to the
competent territorial police authority.’

SLOVENIA

Methods and procedures for the registration and de-registration
of permanent and temporary residence and the registration and
de-registration of guests are
regulated by the Residence
Registration Act (ZPPreb-UPB1, Ur. l. RS No 59/2006) which
lays down the obligation for aliens to register in various ways
according to the type of residence.

1. Accommodation in a tourist or hotel establishment

Tourist or hotel establishments are facilities intended for the
reception of persons for purposes of overnight accommodation
or rest (hotels, motels, health resorts, boarding houses, guest
houses, tourist farms, holiday villages, camp sites, marinas, alpine
lodges and other houses or buildings used for accommodation or
rest purposes).

Aliens staying in a tourist or hotel establishment must be
registered by the accommodation provider at the relevant police
station within 12 hours of their reception and de-registered
within 12 hours of their departure (Article 10(1) ZPPreb).

An accommodation provider is a legal person,
independent
entrepreneur or natural person that receives guests against
payment for the purpose of overnight accommodation or rest, or
that offers temporary accommodation to individuals as part of
their activities.

2.

Residence in accommodation establishments

Accommodation establishments comprise single-person hous-
ing, student halls of residence and student housing, homes for
the elderly, care homes and other
facilities designed for
communal housing or for carrying out activities which involve
24-hour residence.

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Aliens without a residence permit staying in an accommodation
establishment must be registered by the accommodation
provider at the relevant police station within three days of their
arrival and de-registered within three days of their departure
(Article 10(2) ZPPreb). Aliens with a residence permit staying in
an accommodation establishment must be registered by the
accommodation provider at a local government office within
three days of their arrival and de-registered within three days of
their departure (Article 11(2) ZPPreb).

3.

Residence other
establishments

than in tourist, hotel or accommodation

Aliens without a residence permit not staying in a tourist or hotel
establishment must register at the relevant police station within
three days of crossing the national border or changing
accommodation, and de-register before departure (Article 10(3)
ZPPreb). Aliens with a valid residence permit who have not
registered their permanent or temporary place of residence in the
Republic of Slovenia at a local government office must register
their temporary residence at a local government office within
three days of moving (Article 12(3) ZPPreb).

Aliens with a residence permit must report their temporary place
of residence to a local government office within three days of
moving if they are temporarily housed or resident outside their
place of permanent or temporary residence in facilities such as
holiday homes, apartments and other such facilities (other than
tourist,
lodging or hotel accommodation) and intend to stay
there for more than 60 days and have already registered a
permanent or
local
government office (Article 12(1) ZPPreb).

temporary place of

residence

at

a

4. Accommodation in a health establishment

Healthcare institutions which receive aliens for treatment must
notify the competent body within 24 hours of receiving them
(Article 84 Ztuj).

SLOVAKIA

The information will be published later.

FINLAND

Aliens Act (301/2004) Section 130 paragraph 3

‘A non EU-citizen or comparable alien shall report
to the
authorities within three days of his or her entry into the country.

Further provisions on reporting may be given by Ministry of the
Interior decree.’

SWEDEN

There are no national provisions pertaining to Article 21(d) other
than Chapter 6, § 13 of the Aliens Act, which is worded as
follows:

‘Any person operating a hotel, boarding house or other
commercial overnight accommodation business shall ensure
that aliens provide details of themselves by personally complet-
ing and signing a registration card. The National Police Board
may lay down provisions concerning the details to be provided.

The alien shall prove his/her identity by the production of a valid
identity document.’

ICELAND

According to Article 17, Paragraph 1 of the Act on Foreigners
No 96/2002, a third country national, who has been granted a
residence permit in Iceland, shall within one week from arrival,
report his presence to authorities. The same rule applies to a
third country national who intends to apply for or is required to
be in possession of a residence permit.

NORWAY

This question is regulated by the Immigration Act, Section 23,
first paragraph regarding the report of presence after crossing of
external borders, where it is stated that:

‘Any person coming to the realm shall immediately report to
passport control or the nearest police authority.’

the Immigration Act, Section 14,

Further
first paragraph
regarding reporting to the authorities, deals with the obligation
on foreign nationals to report their presence on the territory.
Here it is stated:

‘Any foreign national who has been granted a work or residence
permit before entry shall no later than one week after the entry
report to the local police. The same applies to any foreign
nationals who intend to apply for or otherwise need such a
permit.’