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 possibility for a Member State to provide by law for an obligation to hold or carry papers and documents pursuant to Article 21(c)
Date: 2008-01-24
Institutions: European Commission
Subjects: EU Member State, Schengen Agreement, admission of aliens, external border of the EU, foreign national, identity document, residence permit

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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 possibility for a Member State to provide by law for an obligation to hold or carry papers and
documents pursuant to Article 21(c)

(2008/C 18/03)

BELGIUM

This obligation is set out in section 38 of the Royal Decree of
8 October 1981 on access to the territory, residence, establish-
ment and deportation of non-nationals:

‘Any non-national over 15 years old must carry a residence
permit or establishment permit or other residence document at
all times and produce this document when requested to do so by
any official of the competent authority.’

Article 58: ‘Foreign nationals residing within the territory of the
Republic of Bulgaria for a period of 3 months or less shall prove
their identity by means of the international travel document with
which they entered the country, with the exception of foreign
nationals who hold a temporary refugee certificate’.

2.

Law on entry into, residence in and departure from the Republic of
Bulgaria for European Union nationals and members of their
families:

BULGARIA

Article 4(1): ‘European Union nationals shall enter and leave the
territory of the Republic of Bulgaria with their identity card or
their passport’.

The obligation to be in possession of particular documents or to
carry them on one's person is governed by the Law on Bulgarian
identity documents and the Law on entry into, residence in and
departure from the Republic of Bulgaria for EU nationals and
members of their families:

1.

Law on Bulgarian identity documents

Article 6:
summoned to do so by officials duly authorised by law.’

‘Citizens shall present proof of their identity when

‘Any Bulgarian national

Article 29(1):
living in Bulgaria shall
apply for an identity card within 30 days after reaching the age of
14 years’.

Article 55(1): ‘Any foreign national who has reached the age of
14 years and has been granted the right to reside in the Republic
of Bulgaria for a period of three months or more shall be issued a
Bulgarian identity document for foreign residents’.

Article 57(1): ‘Bulgarian identity documents for foreign nationals
shall be valid within the territory of the Republic of Bulgaria in
conjunction with the foreign national's international
travel
document’.

Article 57(2): ‘Stateless persons and foreign nationals applying
for or having been granted protection under the Law on asylum
and refugees may prove their identity only by means of a
Bulgarian identity document’.

CZECH REPUBLIC

The obligation for foreigners to present a travel document (proof
of identity) upon request of a Police person is stipulated by § 103
lit. d) Act No 326/1999 Coll., on the Stay of Aliens in the
Territory of
the
foreigner is obliged to present a travel document upon request of
a Police officer.

the Czech Republic. According to the Act

DENMARK

Under Section 39(1) of the Aliens Act, an alien is required when
remaining in and leaving the country to be in
entering,
possession of a passport or
travel document, and under
Section 39(3), point 1, the passport or travel document must,
upon request, be presented to the public authorities while the
alien remains in the country.

Under Section 39(4), point 1, nationals of a Nordic country are
exempt from these obligations, and under point 2 of the same
Section, the Minister for Integration may exempt other aliens
from the obligation to carry their passport or other travel
document (see Section 5(2) of the Aliens Order). The provisions
adopted under Section 5(2) of the Aliens Order are published
once a year in the Danish Official Gazette (Statstidende).

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GERMANY

Sections 3(1), 13(1), second sentence, 48 and 82 Aufenthaltsgesetz
(Residence Act):

2. Non-nationals who do not possess a passport or who
cannot reasonably be expected to obtain one may identity
themselves by means of a residence permit or a certificate
confirming that deportation has been suspended, provided that
these documents contain the person's details and a photograph
and are denoted as documents issued in lieu of an identity
document.

Section 3 — Passport requirement

1. Non-nationals may enter or stay in Germany only if they are
in possession of a recognised and valid passport or travel
document issued in lieu of a passport, unless they are exempted
from the passport requirement by law.

2.
In justified individual cases, the Federal Ministry of the
Interior or the body designated by it may, before a non-national
enters
from the passport
requirement in respect of the crossing of the border and a
subsequent stay of up to six months.

the country, allow exemptions

If so requested, non-nationals without a valid passport or
3.
travel document issued in lieu of a passport shall cooperate with
a view to procuring identity papers and shall produce, hand over
and temporarily give up to the authorities responsible for
implementing this Act all other documents and papers that may
be useful for the purposes of establishing their identity and
nationality and for establishing whether they may be deported to
another country. Where non-nationals
their
obligation under the first sentence and there are real grounds
to believe that they are in possession of such documents, their
persons and possessions may be searched. They are required to
acquiesce in such searches.

to meet

fail

Section 13 — Crossing the border

Section 82 — Cooperation of non-nationals

1. Unless other legislation or international agreements provide
otherwise, entry into and departure from Federal territory may
take place only at authorised border crossing points and within
the fixed opening hours. On entry and on departure, non-
nationals shall carry a recognised and valid passport or travel
document
in accordance with
Section 3(1) and shall submit to police checks of cross-border
traffic.

issued in lieu of a passport

2. A non-national shall not be deemed to have entered the
country at an authorised crossing point until he has crossed the
border and passed the border crossing point. Where the
authorities conducting the police checks on cross-border traffic
allow a non-national to pass the border crossing point for a
specific temporary purpose before a decision is taken to refuse
entry (Section 15 of this Act, Sections 18 and 18a of the Asylum
Procedures Act) or during the preparation, establishment or
implementation of this measure, the non-national shall not be
deemed to have entered the country within the meaning of the
first sentence as long as the authorities are able to monitor his
stay. For the rest, a non-national shall be deemed to have entered
the country when he crosses the border.

Section 48 — Obligation to prove identity

1. At the request of the authorities responsible for implement-
ing this Act, non-nationals shall be required to produce, hand
over and temporarily give up their passports, travel documents
issued in lieu of passports, residence certificates or certificates
confirming that deportation has been suspended, where this is
to be
necessary in order
implemented or safeguarded.

for measures under

this Act

1. Non-nationals
shall make known without delay their
interests and all circumstances favourable to them that are not
evident or already known, providing without delay all demon-
strable details as well as the necessary evidence of their personal
situation, any other required certificates or permits and any other
necessary evidence which they can produce.

The immigration authorities may grant non-nationals a reason-
able period of time for this purpose. Circumstances disclosed and
evidence produced after this time limit has expired may not be
taken into account.

Subsection 1 applies mutatis mutandis

2.
proceedings.

in any appeal

(3) Non-nationals are to be informed of their obligations under
subsection 1 and their essential rights and obligations under this
Act, particularly the obligations arising under Sections 44a, 48,
49 and 81 and the possibility of submitting applications under
the third sentence of Section 11(1). The consequences of failure
to observe the time limit set shall be explained.

4. Where necessary for the preparation and implementation of
measures under this Act or under provisions on non-nationals'
rights contained in other legislation, non-nationals may be
ordered to appear in person before the competent authority and
at the representation of the State of which they are presumed to
be citizens and to undergo a medical examination to determine
whether they are fit to travel. Where non-nationals fail to comply
the order may be
with an order under the first sentence,

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enforced. Sections 40(1), 40(2), 41 and the first and third
sentences of Section 42(1) of the Federal Police Act shall apply
mutatis mutandis.

Article 9 of Organic Law 1/1992 of 21 February 1992 on the
Protection of Citizens' Security enshrines the right of all Spanish
nationals to be issued with a National Identity Document from
the age of fourteen, and the obligation to obtain this document.

ESTONIA

Identity document requirement, validity and verification of
documents are stipulated by the Identity Document Act
(published in the Riigi Teataja (State Gazette) I 1999, 25, 365;
2006, 29, 221), Articles 5-8 and 17-18 (1).

Article 20 of the same Organic Law entitles agents of the security
forces and security bodies
to identify
themselves in the street for the purpose of preventing and
investigating criminal activities. In the event of resistance or
refusal, the provisions of the Criminal Code and the Criminal
Procedure Code shall apply.

to require persons

Identity document requirement upon crossing a State border is
stipulated by State Borders Act (published in the Riigi Teataja
(State Gazette) I 1994, 54, 902; 2006, 26, 191), Articles 11(1) to
11 (2).

b)

for foreign nationals:

Notification and verification concerning aliens is stipulated by
Aliens Act (published in the Riigi Teataja (State Gazette) I 1993,
44, 637; 2007, 9, 44), Articles 15 to 15 (1).

GREECE

The obligation for foreigners who are third country nationals to
hold or carry papers and documents is laid down in Articles 6
and 8 of Law 3386/2005, which regulates the entry and
residence of foreigners in Greece. In particular, Article 6(1) and
(2) provides that third country nationals who enter Greece must
hold a passport and a visa, provided this is required by the
international conventions in force, Community law and national
provisions. Also, Article 8(2) of Law 3386/2005 prohibits third
country nationals from entering Greece if they do not hold a
passport or another travel document guaranteeing their return to
their country of origin or country of transit, as well as the
necessary documents justifying the aim of their trip.

SPAIN

The Spanish legal system does lay down an obligation, both for
Spanish and for foreign nationals, to hold and show documents
proving their identity. These two precepts are laid down in the
following legislative texts:

a)

for Spanish nationals:

Article 2 of Royal Decree 1553/2005 of 23 December 2005
regulating the issuance of the National Identity Document and its
electronic signature certificates provides as follows:

1.

2.

‘Spanish nationals aged 14 or above shall be obliged to
obtain the National Identity Document’.

‘All persons obliged to obtain the National
Identity
Document shall also be obliged to show it when required
to do so by the Authority or its agents’.

Article 4(1) of Organic Law 14/2003 of 20 November 2003
amending Organic Law 4/2000 of 11 January 2000 on the rights
and freedoms of foreign nationals in Spain and their social
integration, as amended by Organic Law 8/2000 of 22 December
2000, lays down the obligation for foreign nationals on Spanish
territory to hold documentation proving their identity and their
legal situation in Spain.

‘Foreign nationals on Spanish territory shall have the right and
the obligation to keep documents accrediting their identity
issued by the competent authorities of the country of origin or
the country from which they arrived, and documents accrediting
their situation in Spain.’

Article 100(2) of Royal Decree 2393/2004 of 30 December
2004 adopting the implementing Regulations of Organic Law 4/
2000 of 11 January 2000 on the rights and freedoms of foreign
nationals in Spain and their social integration states:

‘Foreign nationals shall be obliged to show documents accred-
iting their identity and legal situation in Spain when called upon
to do so by the authorities or their agents’.

Article 11 of Organic Law 1/1992 of 21 February 1992 on the
Protection of Citizens' Security states that it is obligatory for
foreign nationals present on Spanish territory and hold
documents accrediting their identity and their legal situation in
Spain.

FRANCE

French legislation provides this obligation under Article L.611-1
of the Code on the entry and stay of the foreigners and on the
asylum right (Code de l'entrée et du séjour des étrangers et du droit
d'asile, CESEDA), which stipulates that exclusive of or following
an identity check, persons with a foreign nationality should be
able to present papers or documents with which they are
authorised to travel or stay in the French territory at the request
of officials from the judiciary policy and under the supervision of
the latter, agents and deputy agents from the judiciary policy.

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ITALY

LATVIA

The national legislation provides in Article 3 of ‘Testo Unico Leggi
di Pubblica Sicurezza’ (T.U.L.P.S.) of 18 June 1931 No 773 the
possibility to have an identity document. The abovementioned
Article states that: ‘in compliance with the model established by
the Ministry of the Interior, the Mayor shall issue an identity card
to persons above the age of 15 having their residence in the
municipality, when they make an application’.

Rules of Cabinet of the Ministers of the Republic of Latvia
No 499 from November 4, 2002 ‘Rules of border area and
borderland regime of the Republic of Latvia’ determines, that all
persons of 15 years and above, must hold personal identification
documents with them while staying within the frontier zone
(which is not wider than 2 km from the State border line) along
the land border of
In other cases
legislation of the Republic of Latvia does not require persons
permanently to hold identification documents with them.

the Republic of Latvia.

As for the obligation to carry an identity document, Article 4 of
the abovementioned T.U.L.P.S. provides that Police Authority,
within his jurisdiction, can order to a dangerous person or
suspect to provide himself with an identity card and exhibit it
every time that Police Officers request it.

these articles, we deduce that

By the examination of
the
obligation to carry the above mentioned document concerns
only a dangerous person or suspect; the others (not dangerous
and not suspect) have only the obligation, provided for by
the Criminal Code, to give a public officer
Article 651 of
information about their own personal
identity, condition or
about personal qualities when the officer requires it.

As for an alien legally residing in the country, he has the right to
be enrolled in the registry office of the municipality in which he
resides and the right to have an identity card that is not valid for
expatriation.

CYPRUS

Regulation (EC) No 562/2006 provides that the abolition of
border control at internal borders shall not affect the possibility
for a Member State to provide by law for an obligation to hold or
carry papers and documents.

The Republic of Cyprus holds such a provision in its national
legislation. By virtue of the Registration of Residents Law of
2006 (L.13(I)/2006) any member of the Police on duty, any
member of a registry authority or any other person who is
authorised in writing by the Director of Migration and Civil
Registry Department, may require from any person to produce
his/her personal identity card. If this person omits to produce it
in a specified period of time, he/she shall be guilty of an offence
and shall be liable to imprisonment for a term not exceeding one
year or to a fine not exceeding one thousand pounds or to both
such imprisonment and fine. Also, according to the Police Law
(L.73(I)/2004), section 28, any member of the Police can stop,
detain and search any person, (i) whom he/she sees doing any act
or thing (ii) whom he/she suspects of doing any act or thing or
being in possession of anything or (iii) whom he/she sees in
possession of anything for which a licence is required under the
provisions of any law in force and may require such person to
produce such licence.

LITHUANIA

According to the Lithuanian legislation there is no obligation for
Lithuanian and EU citizens to carry personal papers and
documents.

According to the Article 17(5) of the Law on the State Border
and Protection thereof all citizens in the frontiers zone must
carry ID documents.

All Lithuanian citizens over the age of 16 must obtain and have a
national ID card or a passport. According to the Law on the Legal
Status of Aliens all EU nationals must have ID documents and all
third country nationals are obliged to have and carry ID
documents.

LUXEMBOURG

Foreign nationals are obliged to carry at all times their residence
permits.

HUNGARY

Article 61 (3) of Act XXXIX of 2001 on the entry and stay of
Foreigners stipulates, that all foreigners — upon the request of
the authorities — must be able to present his/her
travel
documents, residence permit or documentation suitable for the
identification of the foreigner.

MALTA

It is pertinent to note that the Immigration Act (Cap. 217)
currently provides for a requirement to produce a passport or
other relevant documentation at the point of entry. However,
there are no legal provisions specifying that such documents
would have to be carried at all times.

In practice, however, the national authorities may request third
country nationals
to produce the relevant documents as
necessary. They are, therefore, expected to hold such documents
at all times during their stay in Malta.

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THE NETHERLANDS

In the Netherlands, individuals of 14 years of age and above are
obliged under the Identification Requirement Act (Wet op de
identificatieplicht) to provide proof of identity for inspection on
first request (identification requirement). The same applies to
foreign nationals.

Article 4.21 of the Aliens Decree (Vreemdelingenbesluit, or ‘Vb’)
individuals
specifies the documents that can be used for
identifying themselves in the Netherlands under section 50.1
of the Aliens Act. This article draws a distinction between the
following groups:

— foreign nationals residing lawfully in terms of a residence

permit for a specified or unspecified period,

— foreign nationals residing lawfully as Community citizens,

— persons who have lodged an application for grant of an
asylum seeker's residence permit for a specified period,

— foreign nationals other than those specified above.

removal as defined in section 64, Aliens Act, and persons
residing lawfully as a result of a moratorium on departures
will obtain, as proof of identity, the residence document in
accordance with Appendix 7f2, Aliens Regulation (W2
document), to the extent that they are not already in
possession of a valid document for crossing borders;

(e)

(f)

(suspected) victims of human trafficking with lawful
residence as defined in section 8.k, Vw, will be provided
with a residence document in accordance with appen-
dix 7f2, Aliens Regulation (W2 document), to the extent
that they are not already in possession of a valid document
for crossing borders;

unaccompanied minor foreign nationals, who are awaiting
a decision on an application for the extension of validity or
amendment to a residence permit issued at an earlier stage
to those restrictions, will be provided with a
subject
residence document in accordance with Appendix 7f2,
Aliens Regulation (W2 document), to the extent that they
are not already in the possession of a valid document for
crossing borders;

In specific terms, the following categories are involved:

(g)

other foreign nationals.

(a)

(b)

foreign nationals residing lawfully in terms of a temporary
or permanent residence permit (section 8, a-d, Aliens Act)
received as an identification document a separate residence
document in accordance with Appendix 7a to 7d, Aliens
Regulations;

the EU/EEA and Switzerland,

for citizens of
residing
lawfully as specified in section 8.e, Aliens Act, a valid
foreign
national passport or valid identity card. For
nationals residing lawfully as defined in section 8.e, Aliens
Act, as family members of a citizen of the EU/EEA or
Switzerland, but who have a different nationality:

— a valid national passport with the required entry visa,
if less than three months have expired since entry to
the country,

— a valid national passport with an entry stamp, if no
visa is required for entry and if less than three months
have expired since entry to the country,

For other foreign nationals, the appropriate identity document is
a valid document for crossing borders as required under the Vb
for access to the Netherlands, or else a valid document for
crossing borders which incorporates a valid visa. The border
crossing documents required for gaining access to the Nether-
lands are designated in terms of Article 2.3, Vb. This provision
applies not only to foreign nationals who are allowed residence
for the free period, but also to foreign nationals residing illegally
in our country. A W2 document may only be issued in very
exceptional circumstances, bearing in mind particularly the fact
that the party involved has already been exempted from the
requirement for a passport.

The special rule under Article 2.4, Vb, applies to passengers in
transit. The position as regards foreign nationals in possession of
a residence document from another Schengen Member State is
that they may move within the Schengen territory without a visa
for a maximum of three months. In such cases they must be in
possession of a valid travel document.

— a valid national passport with a statement issued by
the competent authorities to the effect that a residence
card has been applied for, if less than six months have
expired since the issue of the statement,

Section 50, Aliens Act

— a residence card in accordance with Appendix 7e,

Aliens Regulation

(c)

foreign nationals who have lodged an application for an
asylum seeker's residence permit for a specified period will
be provided with an identity document in accordance with
Appendix 7f, Aliens Regulation, at the reception centre;

(d)

foreign nationals who are residing lawfully in terms of
section 8j, Aliens Act, because there are obstacles to

1. The officials responsible for border control and officials
charged with supervision of foreign nationals are authorised to
detain individuals in order to establish their identity, nationality
and position in relation to entitlement to residence, either on the
basis of
facts and circumstances which, viewed objectively,
provide a reasonable suspicion of illegal residence, or else to
combat illegal residence following a border crossing. Whoever
claims Dutch nationality, but cannot prove this may be subjected
to the coercive measures specified in paragraphs 2 and 5. The
documents that must be held by a foreign national in order to
establish his identity, nationality and position under residence
law will be designated in terms of an Order in Council.

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If

the identity of

the detained individual cannot be
2.
immediately established, he may be taken to a designated
interview location. He will be held there for no longer than six
hours, provided that this does not include any time between
midnight and 9 a.m.

3.
If the identity of the detained individual can be established
immediately, and if it appears that this individual is not entitled
to lawful residence, or if it is not immediately apparent that he
has lawful residence, he may be taken to a place intended for
interview. He will be held there for no longer than six hours,
provided that this does not include any time between midnight
and 9 a.m.

If there are still grounds for suspecting that the detained
4.
individual does not enjoy lawful residence,
the time limit
specified in paragraphs 2 and 3 may be extended by a maximum
of 48 hours,
the investigation, by the
commanding officer of the Royal Marechaussee or the Commis-
sioner of Police with authority over
the place where the
individual is situated.

in the interests of

5. The officials specified in paragraph 1 are authorised to
search the clothing and person of the individual detained, as well
as to search that individual's belongings.

(c)

(d)

(e)

for foreign nationals who have lodged an application for
grant of a temporary asylum seeker's residence permit, as
defined in section 28 of the Act: a document issued by the
competent authorities evidencing this, of which the model
is determined by ministerial regulation;

for foreign nationals other than those specified under c,
who enjoy lawful residence as defined in section 8 at f, g, h,
j or k of the Act and were not in the possession of a valid
document in terms of the Act for crossing borders: a
document issued by the competent authorities, of which the
model
is determined by ministerial regulation, supplied
with a supplementary sheet as defined in section 4.29,
paragraph 3, on which the position under residence law has
been noted;

foreign nationals, a valid border crossing
for other
document required for entry to the Netherlands in terms
of the Act, or else a document for border crossing in which
the required visa has been registered or
in which a
notification relating to the position under residence law
has been placed.

6. More detailed regulations will be provided by Order in
Council in relation to the application of the foregoing paragraphs
in this Section.

2. No document other than those specified in paragraph 1(a)
or (b) will be issued to children below the age of 12 years, unless
in the opinion of the Minister they have a reasonable interest in
being granted such a document.

Article 4.21, Aliens Decree 2000

1. The designated documents as defined in section 50.1, final
sentence of the Act, are:

(a)

(b)

for foreign nationals who are residing lawfully as defined in
section 8.a to 8.d of the Act: a document issued by the
competent authorities evidencing this, of which the model
is determined by ministerial regulation;

for foreign nationals who are residing lawfully as defined in
section 8.e of the Act: a valid national passport or valid
identity card, if they are nationals of a State as defined in
section 8.7.1 or, if they do not possess such nationality:

3. The document mentioned in paragraph 1(a) to (d), will have
a notification indicating whether
is
permitted to work and also whether a work permit is required
for such work in terms of the Labour Act for Aliens (Wet arbeid
vreemdelingen).

the foreign national

4.
If residence in the Netherlands for the foreign national
specified in paragraph 1(a) or (b) is subject to any restriction as
specified in section 3.4, paragraph 4, a notification will placed on
the document stating ‘reliance on public resources may have
consequences for residence rights’ (beroep op de publieke middelen
kan gevolgen hebben voor verblijfsrecht)

1.

2.

3.

4.

a valid national passport with the required entry visa,
if less than three months have expired since entry to
the country;

a valid national passport with an entry stamp, if no
visa is required for entry and if less than three months
have expired since entry to the country;

a valid national passport with a statement issued by
the competent authorities as specified in section 8.13,
if less than six months have expired
paragraph 4,
since the issue of the statement;

a residence document
issued by the competent
authorities, as defined in section 8.13, paragraph 5
or section 8.20, paragraph 1;

AUSTRIA

§ 2 of the Federal Act concerning the passport system for Austrian
citizens (Passport Act 1992), Federal Austrian Law Gazette (BGBl.)
1992/839 in the version in BGBl. I 2006/44

Entering and leaving the country

1.
In the absence of a specification in intergovernmental
agreements or of international practices to the contrary, Austrian
citizens (citizens) require a valid travel document (passport or
passport replacement) in order to enter or to leave the territory
of the Federal Republic. Notwithstanding his/her responsibility in
accordance with § 24(1), a citizen not in possession of a valid
travel document but able to demonstrate his/her citizenship and
his/her identity must not be refused entry.

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If and to the extent

the Federal Government

is
that
2.
authorised to conclude intergovernmental agreements as per
Article 66(2) Federal Austrian Constitution (B-VG), it is entitled,
in order to facilitate foreign travel, to conclude international
agreements which entitle citizens to travel to other States and to
the Federal Republic on the basis of
enter the territory of
documents other than those mentioned in paragraph 1. Provided
they facilitate travel to border areas of neighbouring States of the
Republic of Austria, agreements of this nature may include
specifications to the effect that any such facilitation shall apply to
citizens who have their place of residence or abode in border
areas of the Republic only.

Agreements within the meaning of § 2(2) PassG:

— Agreement between the Republic of Austria and the
Socialist Federal Republic of Yugoslavia on local border
traffic (now the Republic of Slovenia), Federal Austrian Law
Gazette No 379/1968 in the version of Federal Austrian
Law Gazette No 143/1996 — see Articles 3, 4 and 7
(currently under revision)

— Agreement between the Republic of Austria and the Swiss
Confederation governing passenger border crossings in
local border traffic, Federal Austrian Law Gazette No 164/
1974 — see Articles 2 to 4 and 7 to 9

§ 15 of the Federal Austrian Act on the deployment of alien police, the
issue of documents for aliens and the issue of entry documents (Alien
Police Act 2005 — FPG), Federal Austrian Law Gazette I No 100/
2005

Condition for legitimate entry into the territory of the Federal Republic

1.
In the absence of a provision to the contrary in federal law
or in international agreements or of international practices to the
contrary, aliens shall
for
legitimate entry into the territory of
the Federal Republic
(passport obligation).

require a valid travel document

Other travel documents within the meaning of § 15 (1) FPG:

— Aliens' passports (§ § 88 to 93 FPG)

— Convention travel documents (§ 94 FPG)

— Photographic identity cards for holders of privileges and

immunities (§ 95 FPG)

— Emergency travel document for citizens of a Member State

of the European Union (§ 96 FPG)

— Travel document for the repatriation of citizens of third-

party States (§ 97 FPG)

§ 16 Alien Police Act 2005 (FPG), Federal Austrian Law Gazette I
No 100/2005

General conditions on passport obligation

1.
If the public interest, in particular in terms of passport and
alien police and foreign policy, so requires, the Federal Minister
for Internal Affairs is authorised, in consultation with the Federal
Minister for Foreign Affairs, to issue a Regulation designating
certain forms of travel documents issued by States other than
those party to the Treaty as inappropriate for compliance with
the passport obligation.

2. Aliens registered on shared travel documents may enter or
leave the country in the company of the holder of that travel
document on which they are registered only. This shall not apply
in the case of measures taken by way of deportation or transport
abroad in accordance with Chapters 5 to 10.

3. Aliens who have been issued with a collective passport
satisfy the passport obligation, but they are permitted to enter or
to leave the country together only. Each member of the party
travelling requires a document issued by the authorities showing
his/her identity. This shall not apply in the case of measures
taken by way of deportation or transport abroad in accordance
with Chapters 5 to 10.

§ 17 Alien Police Act 2005 (FPG), Federal Austrian Law Gazette I
No 100/2005

Restriction of the passport obligation

If and to the extent

the Federal Government

1.
is
that
authorised to conclude intergovernmental agreements as per
Article 66(2) Federal Austrian Constitution (B-VG), it is entitled,
subject to reciprocity, to agree that aliens subject to the passport
obligation are entitled to enter the country, to reside temporarily
in the territory of the Federal Republic and to leave the country
on the basis of travel documents other than those mentioned in
§ § 15 (1) and 16 (3). Such aliens satisfy the passport obligation.

2. Agreements as per paragraph 1, which are intended to
facilitate travel into border areas of the Republic of Austria, may
specify that aliens who have entered the country on the basis of a
travel document of this nature are permitted to remain in border
areas of the Republic of Austria. In such cases, the international
agreement may also specify that the document intended for
entering the country, temporary residence in the country and
leaving the country must be countersigned by an Austrian
government authority.

If the public interest so requires, the Federal Minister for
3.
Internal Affairs is authorised, in consultation with the Federal
Minister for Foreign Affairs, to issue a Regulation specifying that
certain aliens subject to a passport obligation are permitted to
enter the territory of the Federal Republic of Austria, to take up
temporary residence there and to leave the country on the basis
of other documents. Such aliens satisfy the passport obligation.

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4. Citizens of the EEA and Swiss citizens may also fulfil the
passport obligation with an identity card and may enter the
country, take up temporary residence in the territory of the
Federal Republic and leave the country on the basis of a travel
document of this nature.

In the absence of a specification to the contrary in an
3.
international agreement or in a European Community conven-
tion, the acceptance statement's period of validity must be set at
a duration consistent with that required for return of the alien; a
given border crossing point or a given location in a State party to
the Treaty must be specified for entry into the country.

Agreements within the meaning of § 17(1) FPG:

Agreement between the members of the North Atlantic Treaty
Organisation on the status of their forces (NATO Status of Forces
Agreement), Federal Austrian Law Gazette III No 135/1998 in
the version in Federal Austrian Law Gazette III No 96/1999 in
conjunction with the Agreement between the States party to the
North Atlantic Treaty Organisation and other States participating
in the partnership for peace on the status of their forces (NATO
PfP Agreement), Federal Austrian Law Gazette III No 136/1998
in the version published in Federal Austrian Law Gazette III
No 178/1998 — see Article III (1) NATO Status of Forces
Agreement

4.
if and to the extent that the Government of the Federal
Republic is authorised to conclude intergovernmental agree-
ments as per Article 66(2) Federal Austrian Constitution (B-VG),
it is entitled, subject to the condition of reciprocity, to agree that
people who have entered the territory of another State
illegitimately or who do not or no longer fulfil the conditions
for entry into that country or for temporary residence there, are
the Federal Republic (convention on
permitted to re-enter
reacceptance).

§ 23 Alien Police Act 2005 (FPG), Federal Austrian Law Gazette I
No 100/2005

Agreements within the meaning of § 17(2) FPG: (see agreements
within the meaning of § 2(2) Austrian Passport Act (PassG))

Medical certificate

§ 18 Alien Police Act 2005 (FPG), BGBl. I Nr. 100/2005

Exceptions from the passport obligation

1. Aliens shall not be subject to a passport obligation in the
event of

1.

an acceptance Statement (§ 19) being issued;

2.

a right of temporary residence being issued in accordance
with the Austrian Act governing the right of establishment
and temporary residence, in cases where the alien does not
have any travel documents or

3.

through transport (§ 48).

2. Aliens recognised as having the right to asylum or as being
entitled to subsidiary protection in Austria and who do not have
any valid travel documents but are able to furnish prima facie
evidence of
their
responsibility pursuant to § § 120 and 121 — be refused entry
to the country.

their identity must not — irrespective of

§ 19 FPG — acceptance statement

1. An acceptance statement shall be drawn up on request from
a competent authority of another State for any alien who is
subject to forced removal from the territory of said State into the
territory of the Federal Republic of Austria and whom the
Republic of Austria is required to accept under an international
agreement
(paragraph 4), under a European Community
convention or by international practice.

1.
In order to prevent public health being endangered, the
Federal Austrian Minister for Health and Women's Affairs is
entitled to issue a Regulation designating certain States in which
there is a significantly increased risk of infection with

1.

2.

3.

a notifiable disease, easily communicable in normal social
contact (serious illness) within the meaning of the Austrian
Epidemic Act (Epidimiegesetz) 1950, Federal Austrian Law
Gazette No 186/1950,

any other serious infectious disease not notifiable or
reportable, or

notifiable tuberculosis within the meaning of § 3(a) of the
Austrian Tuberculosis Act Federal Austrian Law Gazette
No 127/1968,

and as a consequence thereof there is a risk of a large number of
people being subjected to a sustained and serious hazard.

2. Aliens who have been temporarily resident in that State
designated in a Regulation as per (1) during the six months
immediately preceding their entry into the territory of
the
Federal Republic shall be entitled to the issue of a visa provided
they furnish a medical certificate attesting that they are free of
those diseases listed in the Regulation as per 1.

3. The Regulation must identify that disease which fulfils the
conditions as per 1 and the contents and the period of validity of
the medical certificate.

POLAND

2. The acceptance statement must be expressly designated as
such; it must show the identity and nationality of the alien.

Poland has not introduced any specific regulations regarding
holding or carrying identity papers and documents.

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PORTUGAL

Article 2(1) of Law No 5/95 of 21 February 1995 (Law making it
obligatory to carry identity documents), which stipulates that
‘citizens older
than 16 years of age must carry identity
they are in a public place, a place
documents whenever
accessible to the public or a place subject to police surveillance’.

Article 2(2) of the same Law, which stipulates that ‘for the
purposes of paragraph 1, the following are regarded as identity
documents:

(a)

an identity card or passport, for Portuguese citizens;

probably be maintained. The obligation of registration of aliens
within the meaning of Section 49(2) of Act No 48/2002 Coll.
will also be maintained.

FINLAND

Aliens Act (301/2004) Section 13 — Passports

When entering and staying in Finland, aliens shall hold a valid
passport issued by the authorities of their home country or
country of residence, which shall be presented to border check
authorities or the police upon request.

(b)

a residence permit, identity card or passport, for nationals
of the Member States of the European Community;

Obligation to carry papers and documents during the visit in the
country doesn't exist in national legislation.

(c)

a residence permit, alien's identity card or passport, for
nationals of non-EU countries’.

SWEDEN

National provisions relating to Article 21(c) are provided for
Chapter 9, paragraph 9 of the Aliens Act

in

SLOVENIA

Paragraph 9.

Aliens must prove their identity by means of a foreign travel
document, personal
identity card or other suitable document
prescribed in the alien's country and which proves the identity of
the alien, a travel document for aliens, a personal identity card for
aliens, a cross-border identity card, or another public document
issued by a State authority which includes a photograph and on
the basis of which it is possible to ascertain the identity of the
alien. At the request of a police officer, aliens must prove their
identity by means of the abovementioned documents and must
also produce a permit demonstrating that they have entered and
are residing in the Republic of Slovenia legally (Article 75 Ztuj-1-
UPB3, Ur. l. RS (Slovenian Official Gazette) No 107/2006).

Aliens are liable to a fine of SIT 20 000 (EUR 83,46) for failing
to produce, at the request of a police officer, a document which
proves that they are legally entitled to enter and stay in the
country or failing to produce, at the request of a police officer,
proof of their identity (Article 97(3) and (4) Ztuj).

SLOVAKIA

In the case of the abolition of border control at internal borders,
the Member States may, pursuant to Article 21(c) and (d) of the
Schengen Borders Code, provide by law for an obligation to hold
or carry papers and documents and for an obligation for third-
country nationals to report their presence in the territory of any
the Schengen
Member State pursuant
Convention. Following the abolition of border control,
the
obligation for third-country nationals (analogous to the obliga-
tion for Slovak nationals)
to hold a valid travel document
if required, a visa, an identity card or a residence
including,
permit during a stay in the territory of the Slovak Republic will

to Article 22 of

An alien living in Sweden is obliged at the request of a police
officer to produce a passport or other document showing that
he/she has the right to reside in Sweden. The alien is also obliged,
in response to an summons from the Migration Board or the
police authorities, to present him/herself to the Board or police
authorities and provide information concerning his/her presence
in Sweden. If the alien fails to do so, he or she may be collected
by the police authorities. If, in the light of an alien's personal
circumstances or for some other reason, it can be assumed that
the alien would not respond to the summons, he or she may be
collected without any previous summons.

The coastguard is obliged to cooperate in the control activities of
the police primarily through the controls it carries out on and in
connection with maritime traffic. If the control is carried out by
the coastguard, a passport or other document must be shown to
the coastguard official.

Controls carried out under the first and second subparagraphs
may be performed only if there are reasonable grounds for
assuming that the alien has no right to reside in Sweden or if
there are other special reasons for a control.

ROMANIA

Article 104 of the Aliens Act No 194/2002 provides that:

1.

The Residence permit proves the identity of the alien and
the existence of his/her right to stay in Romania, as well as
the duration and the purpose for which this right was given
to him/her.

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2.

The owner of the residence permit has the obligation to
have it permanently with him/her, not to give it away and
to present it to the competent authorities every time he/she
is requested to do so.

ICELAND

According to national
legislation Icelandic citizens are not
obliged by law to carry identification papers or documents.
However, according to Article 15, Paragraph 5 of the Police Act,
foreign
the police can request a person,
nationality)
id-number and
address, and to present an identity document as proof thereof.

to state his/her name, personal

Icelandic or

(of

According to the Act on Foreigners No 96/2002, Article 5,
Paragraph 1, a foreigner arriving in Iceland shall, unless other
arrangement is provided for in rules issued by the Minister of
Justice, possess a passport or other identity document recognised
as a travel document. According to Article 53 of the same Act
any foreigner shall, when requested by police, show his identity
documents and provide information, if necessary, in order that
his identity and the lawfulness of his stay in Iceland may be
ascertained.

staying in Iceland. The Minister may exempt other foreigners
from this duty.

As mentioned above,
Icelandic authorities have sufficient
possibilities to oblige a foreigner to hold or carry papers and
documents, both upon arrival in Iceland as well as during their
stay in the country. The abolition of border control at internal
borders does not affect
the above-
mentioned provisions.

the implementation of

NORWAY

(Act concerning the entry of

The Immigration Act
foreign
nationals into the Kingdom of Norway and their presences in the
Realm of 24 June 1988 No 64) Section 44 first paragraph deals
with this question. In this provision it is stated that:

When the police so require, any foreign national must show
proof of
identity and if necessary provide information to
establish the foreign national's identity and the lawfulness of his
presence in the realm.

The Minister of Justice may decide that foreigners, other than
Danish, Finnish, Norwegian and Swedish nationals, shall carry
passports or other personal identity documents at all times while

Hence, according to this provision there is an obligation for
foreign nationals to hold and carry identification documents.
There is no equivalent obligation for nationals.