Notification under the Schengen Borders Code Ministry of the Interior of the Republic of Croatia 2023/C 89/06
Date: 2023-03-10
Institutions: Croatia
Subjects: Croatia, Schengen Agreement, admission of aliens, border control, external border of the EU, foreign national, identity document, national law, penalty, residence permit








C_2023089EN.01001401.xml










10.3.2023   


EN


Official Journal of the European Union


C 89/14






Notification under the Schengen Borders Code
Ministry of the Interior of the Republic of Croatia
(2023/C 89/06)

Notification under Article 42 of the Schengen Borders Code (SBC): Updated national provisions on the obligation provided by law to hold or carry papers and documents







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Article 167 of the Aliens Act (Narodne Novine (NN; Official Gazette of the Republic of Croatia) Nos 133/20, 114/22, 151/22) requires third-country nationals to carry and, when requested by an official, to present a valid foreign travel document or identity card, residence permit or other public document bearing a photograph. When requested by an official, third-country nationals must present a travel document or other document used for crossing the border.










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Article 35(1) of the Act on Nationals of the Member States of the European Economic Area and their family members (NN Nos 66/19, 53/20, 144/20, 114/22) requires adult nationals of EEA Member States and their adult family members who are not EEA nationals to carry a valid foreign identity card or foreign travel document, other public document bearing a photograph, or a residence card, if they are required to hold them under the provisions of that Act, and to present them for inspection by persons authorised under special legislation to inspect travel documents or identity cards.










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Article 16(1) of the Identity Card Act (NN Nos 62/15, 42/20, 144/20, 114/22) requires adults and persons who have reached the age of 16 and who have been permitted by a court in non-contentious proceedings to marry and have married, if their place of residence is in the Republic of Croatia, to carry an identity card and to present it for inspection by persons authorised under special legislation to inspect identity cards in order to establish or verify the identity of the card holder.





Notification under Article 42 of the SBC: Updated national provisions on the obligation on third-country nationals to report their presence on the territory of the Republic of Croatia







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Article 177 of the Aliens Act (NN Nos 133/20, 114/22, 151/22) requires legal and natural persons who have provided accommodation to a third-country national on a short-term stay to report the accommodation of the third-country national within 1 day of the arrival of the third-country national for accommodation purposes. The same obligation applies to health care institutions, offices of the tourist board, and berth service providers in ports when third-country nationals are staying on a vessel. If the accommodation cannot be reported in the manner described above, the third-country national on a short-term stay shall report their accommodation themselves within 2 days of entering the Republic of Croatia or of their change of accommodation.





Notification under Article 42 of the SBC: Updated national provisions on penalties for the unauthorised crossing of external borders at places other than border crossing points or at times other than the fixed opening hours







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Article 42 of the Border Control Act (NN Nos 83/13, 27/16, 114/22, 151/22) imposes a term of imprisonment of 30 days or a fine of between EUR 260 and EUR 1 320 on natural persons who:






1.


cross or attempt to cross the external border at places other than a border crossing point, or at a border crossing point at times other than its opening hours;










2.


circumvent border checks, or leave the area of the border crossing point before border checks have been carried out.














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Paragraph 8 of Article 249 of the Aliens Act (NN Nos 133/20, 114/22, 151/22) provides that ‘A term of imprisonment of up to 60 days or a fine of EUR 3 050 for each assisted third-country national shall be imposed on natural persons who assist or attempt to assist third-country nationals in illegally entering, transiting or staying in the Republic of Croatia’. Paragraph 9 provides that ‘For the offences referred to in paragraph 8 of this Article, the instrumentalities shall be seized if the person who assisted or attempted to assist the third-country national is the owner of the means of transport’.