CELEX: 52015PC0008
Language: en
Date: 2015-01-20
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification)

|
			
		
		
		52015PC0008
		
			Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification) /* COM/2015/08 final - 2015/0006 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           In the context of a people’s
Europe, the Commission attaches great importance to simplifying and clarifying
the law of the Union so as to make it clearer and more accessible to citizens,
thus giving them new opportunities and the chance to make use of the specific
rights it gives them.
This aim cannot be achieved so long as numerous
provisions that have been amended several times, often quite substantially,
remain scattered, so that they must be sought partly in the original instrument
and partly in later amending ones. Considerable research work, comparing many
different instruments, is thus needed to identify the current rules.
For this reason a codification of rules that
have frequently been amended is also essential if the law is to be clear and
transparent.
2.           On 1 April 1987 the
Commission decided[1]
to instruct its staff that all acts should be codified after no more than ten
amendments, stressing that this is a minimum requirement and that departments
should endeavour to codify at even shorter intervals the texts for which they
are responsible, to ensure that their provisions are clear and readily
understandable.
3.           The Conclusions of the Presidency
of the Edinburgh European Council (December 1992) confirmed this[2], stressing the
importance of codification as it offers certainty as to the law applicable to a
given matter at a given time.
Codification must be undertaken in full
compliance with the normal procedure for the adoption of acts of the Union.
Given that no changes of substance may be made
to the instruments affected by codification, the European Parliament, the
Council and the Commission have agreed, by an interinstitutional agreement
dated 20 December 1994, that an accelerated procedure may be used for
the fast-track adoption of codification instruments.
4.           The purpose of this proposal is
to undertake a codification 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)[3].
The new Regulation will supersede the various acts incorporated in it[4]; this proposal fully
preserves the content of the acts being codified and hence does no more than
bring them together with only such formal amendments as are required by the
codification exercise itself.
5.           The codification proposal was drawn up on the basis of
a preliminary consolidation, in 22 official languages, of Regulation (EC)
No 562/2006 and the instruments amending it, carried out by the
Publications Office of the European Union, by means of a data-processing
system. Where the Articles have been given new numbers, the correlation between
the old and the new numbers is shown in a table set out in Annex X to the
codified Regulation.
ê 562/2006
(adapted)
2015/0006 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
Ö on Õ a Ö Union Õ Code on the
rules governing the movement of persons across borders (Schengen Borders Code)
(codification)
THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty Ö on the Functioning of the European Union Õ , and in
particular Article Ö 77(2)(b)
and (e) Õ thereof,
Having regard to the proposal from the
European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Having regard to the opinion of the
European Economic and Social Committee[5],

Acting in accordance with the ordinary
legislative procedure,
Whereas:
ê 
(1)       Regulation (EC)
No 562/2006 of the European Parliament and of the Council[6]
has been substantially amended
several times[7]. In the interests of clarity and rationality, that Regulation
should be codified.
ê 562/2006
recital 1 (adapted)
(2)       The adoption of measures
under Article Ö 77(2)(b)
and (e) Õ of the Treaty Ö on the Functioning of the European Union (TFEU) Õ with a view to
ensuring the absence of any controls on persons crossing internal borders forms
part of the Union's objective of establishing an area without internal Ö frontiers Õ in which the
free movement of persons is ensured, as set out in Article Ö 26(2) Õ of the Ö TFEU Õ .
ê 562/2006
recital 2 (adapted)
(3)       In accordance with Article
Ö 67(2) Õ of the Ö TFEU Õ , 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 Ö 77(1)(b) Õ of the Ö TFEU Õ , is such a
measure.
ê 562/2006
recital 3 (adapted)
(4)        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 relevant provisions of the Convention
implementing the Schengen Agreement of 14 June 1985 between the Governments of
the States of the Benelux Economic Union, the Federal Republic of Germany and
the French Republic on the gradual abolition of checks at their common borders[8] and the Common Manual[9].
ê 562/2006
recital 5 (adapted)
(5)        Common rules on the
movement of persons across borders neither call into question nor affect 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 Ö Union Õ 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.
ê 562/2006
recital 6
(6)       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 control.
Border control should help to combat illegal immigration and trafficking in
human beings and to prevent any threat to the Member States' internal security,
public policy, public health and international relations.
ê 562/2006
recital 7
(7)       Border checks should be
carried out in such a way as to fully respect human dignity. Border control
should be carried out in a professional and respectful manner and be
proportionate to the objectives pursued.
ê 562/2006
recital 8 (adapted), 81/2009 recital 1 (adapted)
(8)       Border control comprises
not only checks on persons at border crossing points and surveillance between Ö those Õ border crossing
points, but also an analysis of the risks for internal security and of the
threats that may affect the security of external borders. It is therefore
necessary to Ö set
out Õ the
conditions, criteria and detailed rules governing checks at border crossing
points and surveillance at the border, including checks in the Schengen
Information System Ö (SIS) Õ . 
ê 610/2013
recital 9 (adapted)
(9)        Ö It is
necessary to provide for Õ rules dealing
with the calculation of the authorised length of short-term stays in the Union. Clear, simple and harmonised rules in all legal acts dealing with this issue would benefit
both travellers as well as border and visa authorities.
ê 81/2009 recital
4 (adapted)
(10)     Since only a verification
of fingerprints can confirm with certainty that a person wishing to enter the
Schengen area is the person to whom the visa has been issued, provision should
be made for the use at external borders Ö of the Visa
Information System (VIS) provided for under Regulation (EC) No 767/2008 of
the European Parliament and of the Council[10] Õ .
ê 81/2009 recital
5 (adapted)
(11)     In order to verify whether
the entry conditions for third-country nationals laid down in Ö this Õ Regulation are
fulfilled and to manage their tasks successfully, border guards should use all
necessary information available, including data which may be consulted in the VIS.
ê 81/2009 recital
6
(12)     In order to prevent
circumvention of border crossing points where the VIS may be used and to
guarantee its full effectiveness, there is a particular need to use the VIS in a harmonised way when entry checks are carried out at the external borders.
ê 81/2009 recital
7
(13)     Since in cases of repeated
visa applications it is appropriate for biometric data to be reused and copied
from the first visa application in the VIS, use of the VIS for entry checks at
the external borders should be compulsory.
ê 81/2009 recital
8
(14)     The use of the VIS should
entail a systematic search in the VIS using the number of the visa sticker in
combination with a verification of fingerprints. However, given the potential
impact of such searches on waiting times at border crossing points, it should
be possible, for a transitional period by way of derogation and in strictly
defined circumstances, to consult the VIS without a systematic verification of
fingerprints. Member States should ensure that this derogation is used only
where the conditions therefor are fully met and that the duration and frequency
of application of this derogation is kept to a strict minimum at the individual
border crossing points.
ê 562/2006
recital 9 (adapted)
(15)      Ö It Õ should be Ö possible
to have Õ checks at
external borders Ö relaxed Õ in the event
of exceptional and unforeseeable circumstances in order to avoid excessive
waiting time at border crossing points. The systematic stamping of the
documents of third-country nationals remains an obligation 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
establishing in all cases that all required travel document control measures
have been carried out.
ê 562/2006
recital 10 (adapted)
(16)     In order to reduce the
waiting times of persons enjoying the Ö Union Õ right of free
movement, separate lanes, indicated by uniform signs in all Member States,
should, where circumstances allow, be provided at border crossing points.
Separate lanes should be provided in international 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.
ê 562/2006 recital
11
(17)     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.
ê 562/2006
recital 12
(18)     Member States should
designate the national service or services 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.
ê 562/2006
recital 13 (adapted)
(19)     Operational cooperation and
assistance between Member States in relation to border control should be
managed and coordinated by the European Agency for the Management of
Operational Cooperation at the External Borders of the Member States Ö (‘Frontex’), Õ established by
Council Regulation (EC) No 2007/2004[11].
ê 562/2006
recital 14
(20)     This Regulation is without
prejudice to checks carried out under general police powers and security checks
on persons 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[12], 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.
ê 562/2006
recital 16
(21)     In an area where persons
may move freely, the reintroduction of border control at internal borders
should remain an exception. Border control should not be carried out or
formalities imposed solely because such a border is crossed.
ê 1051/2013
recital 1 (adapted)
(22)     The creation of an area in
which the free movement of persons across internal borders is ensured is one of
the main achievements of the Union. In an area without internal border control,
it is necessary to have a common response to situations seriously affecting the
public policy or internal security of that area, of parts thereof, or of one or
more Member States, by allowing for the temporary reintroduction of internal
border control in exceptional circumstances, but without jeopardising the
principle of the free movement of persons. Given the impact that such measures
of last resort may have on all persons having the right to move within the area
without internal border control, the conditions and procedures for
reintroducing such measures should be Ö provided
for Õ, in order to
ensure that they are exceptional and that the principle of proportionality is
respected. The scope and duration of any temporary reintroduction of such
measures should be restricted to the bare minimum needed to respond to a
serious threat to public policy or internal security.
ê 1051/2013
recital 2 (adapted)
(23)      As free movement of
persons is affected by the temporary reintroduction of internal border control,
any decision to reintroduce such control should be taken in accordance with
commonly agreed criteria and should be duly notified to the Commission or be
recommended by a Union institution. In any case, the reintroduction of internal
border control should remain an exception and should only be effected as a
measure of last resort, for a strictly limited scope and period of time, based
on specific objective criteria and on an assessment of its necessity which
should be monitored at Union level. Where a serious threat to public policy or
internal security requires immediate action, a Member State should be able to
reintroduce border control at its internal borders for a period not exceeding
ten days. Any prolongation of that period needs to be monitored at Union level.
ê 1051/2013
recital 3
(24)     The necessity and
proportionality of reintroducing internal border control should be balanced
against the threat to public policy or internal security triggering the need
for such reintroduction, as should alternative measures which could be taken at
national or Union level, or both, and the impact of such control on the free
movement of persons within the area without internal border control.
ê 1051/2013
recital 4
(25)     The reintroduction of
internal border control might exceptionally be necessary in the case of a
serious threat to public policy or to internal security at the level of the
area without internal border control or at national level, in particular
following terrorist incidents or threats, or because of threats posed by
organised crime.
ê 1051/2013
recital 5
(26)     Migration and the crossing
of external borders by a large number of third-country nationals should not,
per se, be considered to be a threat to public policy or internal security.
ê 1051/2013
recital 6
(27)     In accordance with the
case-law of the Court of Justice of the European Union, a derogation from the
fundamental principle of free movement of persons must be interpreted strictly
and the concept of public policy presupposes the existence of a genuine,
present and sufficiently serious threat affecting one of the fundamental
interests of society.
ê 1051/2013
recital 7
(28)     Based on the experience
gathered with respect to the functioning of the area without internal border
control and in order to help ensure the consistent implementation of the
Schengen acquis, the Commission may draw up guidelines on the
reintroduction of internal border control in cases which require such a measure
on a temporary basis and in cases where immediate action is needed. Those
guidelines should provide clear indicators to facilitate the assessment of the
circumstances that could constitute serious threats to public policy or
internal security.
ê 1051/2013 recital
8 (adapted)
(29)     Where serious deficiencies
in the carrying out of external border control are identified in an evaluation
report drawn up pursuant to Council Regulation (EU) No 1053/2013[13] and with a view to
ensuring compliance with the recommendations adopted pursuant to that
Regulation, implementing powers should be conferred on the Commission to
recommend that the evaluated Member State take specific measures, such as
deploying European border guard teams, submitting strategic plans or, as a last
resort and taking into account the seriousness of the situation, closing a
specific border crossing-point. Those powers should be exercised in accordance
with Regulation (EU) No 182/2011 of the European Parliament and of the Council[14]. In the Ö light Õ of Article
2(2)(b)(iii) of that Regulation, the examination procedure is applicable.
ê 1051/2013
recital 9
(30)     The temporary
reintroduction of border control at certain internal borders under a specific
Union-level procedure could also be justified in the case of exceptional
circumstances and as a measure of last resort where the overall functioning of
the area without internal border control is put at risk as a result of
persistent serious deficiencies relating to external border control identified
in the context of a rigorous evaluation process in accordance with Articles 14
and 15 of Regulation (EU) No 1053/2013, where those circumstances would
constitute a serious threat to public policy or internal security in that area
or in parts thereof. Such a specific procedure for the temporary reintroduction
of border control at certain internal borders could also be triggered, under
the same conditions, as a result of the serious negligence by the evaluated Member State of its obligations. In view of the politically sensitive nature of such
measures which touch on national executive and enforcement powers regarding
internal border control, implementing powers to adopt recommendations under
that specific Union-level procedure should be conferred on the Council, acting
on a proposal from the Commission.
ê 1051/2013
recital 10 (adapted)
(31)     Before any recommendation
on the temporary reintroduction of border control at certain internal borders
is adopted, the possibility of resorting to measures aiming to address the
underlying situation, including assistance by Union bodies, offices or
agencies, such asFrontex’ or the European Police Office (‘Europol’),
established by Council Decision 2009/371/JHA[15],
and technical or financial support measures at national level, Union level, or
both, should be fully explored in a timely manner. Where a serious deficiency
is detected, the Commission may provide financial support measures to help the Member State concerned. Moreover, any Commission and Council recommendation should be based
on substantiated information.
ê 1051/2013
recital 11
(32)     The Commission should have
the possibility to adopt immediately applicable implementing acts where, in
duly justified cases relating to the need to prolong border control at internal
borders, imperative grounds of urgency so require.
ê 1051/2013
recital 12 (adapted)
(33)     The evaluation reports and
the recommendations referred to in Articles 14 and 15 of Regulation (EU) No
1053/2013 should form the basis for the triggering of the specific measures in
the case of serious deficiencies relating to external border control and of the
specific procedure in case of exceptional circumstances putting the overall functioning
of the area without internal border control at risk provided for in this
Regulation. The Member States and the Commission Ö should Õ jointly
conduct regular, objective and impartial evaluations in order to verify the correct
application of this Regulation and the Commission coordinates the evaluations
in close cooperation with the Member States. The evaluation mechanism Ö should Õ consist of the
following elements: multiannual and annual evaluation programmes, announced and
unannounced on-site visits carried out by a small team of Commission
representatives and of experts designated by Member States, reports on the
outcome of the evaluations adopted by the Commission and recommendations for remedial
action adopted by the Council on a proposal from the Commission, appropriate
follow-up, monitoring and reporting.
ê 610/2013
recital 11 (adapted)
(34)      The power to adopt acts in accordance with Article 290 of the TFEU
should be delegated to the Commission in respect of the adoption of additional
measures governing surveillance as well as amendments to the Annexes to Ö this Õ Regulation. It is of particular importance that the Commission carry
out appropriate consultations during its preparatory work, including at expert
level. The Commission, when preparing and drawing up delegated acts, should
ensure a simultaneous, timely and appropriate transmission of relevant
documents to the European Parliament and to the Council.
ê 562/2006
recital 20
(35)     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.
ê 562/2006
recital 21 (adapted)
(36)     By way of derogation from
Article Ö 355 Õ of the Ö TFEU Õ , 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 Kingdom of Spain to the Convention implementing the Schengen Agreement of 14 June 1985[16].
ê 562/2006
recital 22 (adapted)
(37)     In accordance with
Articles 1 and 2 of Protocol Ö No
22 Õ on the
Position of Denmark annexed to the Treaty on European Union Ö (TEU) Õ and to the Ö TFEU Õ, Denmark is not taking part in the adoption of this Regulation and is not bound by it or
subject to its application. Given that this Regulation builds upon the Schengen
acquis, Denmark should, in accordance with Article 4 of Ö that Õ Protocol,
decide within a period of six months after the Ö Council
has decided on Õ this
Regulation whether it will implement it in its national law. 
ê 562/2006
recital 23 (adapted)
(38)     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[17]
which fall within the area referred to in Article 1, point A, of
Council Decision 1999/437/EC[18].
ê 562/2006
recital 25 (adapted)
(39)     As regards Switzerland,
this Regulation constitutes a development of provisions of the Schengen acquis
within the meaning of the Agreement between the European Union, the European
Community and the Swiss Confederation Ö on Õ the Ö Swiss
Confederation’s Õ association
with the implementation, application and 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 3 of Council Decision 2008/146/EC[19].
ê 1051/2013
recital 19
(40)     As regards Liechtenstein,
this Regulation constitutes a development of provisions of the Schengen acquis
within the meaning of the Protocol between the European Union, the European
Community, the Swiss Confederation and the Principality of Liechtenstein on the
accession of the Principality of Liechtenstein to the Agreement between the
European Union, the European Community and the Swiss Confederation on the Swiss
Confederation's association with the implementation, application and
development of the Schengen acquis[20]
which fall within the area referred to in Article 1, point A, of Decision
1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU[21].
ê 562/2006
recital 27
(41)     This Regulation constitutes
a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC[22]. The United Kingdom is therefore not taking part in its adoption and is not bound by it or
subject to its application.
ê 562/2006
recital 28
(42)     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[23]. Ireland is therefore not taking part in its adoption and is not bound by it or subject to
its application,
ê 562/2006
recital 29 (adapted)
(43)     Ö As regards
Bulgaria, Croatia, Cyprus and Romania Õ, the first Ö paragraph Õ of Article 1,
Article 6(5)(a), Title III and the provisions of Title II and the annexes
thereto referring to theSIS Ö and to
the VIS Õ 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, Ö of Article
4(2) of the 2005 Act of Accession and of Article 4(2) of the 2011 Act of
Accession, respectively, Õ
ê 562/2006
(adapted)
HAVE ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
Article 1
Subject
matter and principles
This Regulation provides for the absence of
border control of persons crossing the internal borders between the Member
States of the European Union.
It Ö lays down Õ 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 borders, of the Member States;
(b)     the airports of the Member States for
internal flights;
ê 610/2013
Art. 1.1(a)
(c)     sea, river and lake ports of the
Member States for regular internal ferry connections;
ê 562/2006
2.           ‘external borders’ means the
Member States' land borders, including river and lake borders, sea borders and
their airports, river ports, sea ports and lake ports, provided that they are
not internal borders;
3.           ‘internal flight’ means any
flight exclusively to or from the territories of the Member States and not landing in the territory of a third country;
ê 610/2013
Art. 1.1(b)
4.           ‘regular internal ferry
connection’ means any ferry connection between the same two or more ports
situated on the territory of the Member States, not calling at any ports
situated outside the territory of the Member States and consisting of the
transport of passengers and vehicles according to a published timetable;
ê 610/2013
Art. 1.1(c)
5.           ‘persons enjoying the right of
free movement under Union law’ means:
ê 562/2006
(adapted)
è1 610/2013 Art. 1.1(c)
è2 610/2013 Art. 1.1(d)
(a)     Union citizens within the meaning of è1 Article 20(1) ç of the Ö TFEU Õ , and
third-country nationals who are members 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[24]
applies;
(b)     third-country nationals and their
family members, whatever their nationality, who, under agreements between the è1 Union ç 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;
6.           ‘third-country national’ means
any person who is not a Union citizen within the meaning of è2 Article 20(1) ç of the Ö TFEU Õ and who is not
covered by point 5 of this Article;
7.           ‘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 Articles 24 and 26
of Regulation (EC) No 1987/2006 of the European
Parliament and of the Council[25];
8.           ‘border crossing point’ means any
crossing-point authorised by the competent authorities for the crossing of
external borders;
ê 610/2013
Art. 1.1(e)
9.           ‘shared border crossing point’
means any border crossing point situated either on the territory of a Member
State or on the territory of a third country, at which Member State border
guards and third-country border guards carry out exit and entry checks one
after another in accordance with their national law and pursuant to a bilateral
agreement;
ê 562/2006
10.         ‘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;
11.         ‘border checks’ means the checks
carried out at border crossing points, to ensure that persons, including their
means of transport and the objects in their possession, may be authorised to
enter the territory of the Member States or authorised to leave it;
12.         ‘border surveillance’ means the
surveillance of borders between border crossing points and the surveillance of
border crossing points outside the fixed opening hours, in order to prevent
persons from circumventing border checks;
13.         ‘second line check’ means a
further check which may be carried out in a special location away from the
location at which all persons are checked (first line);
14.         ‘border guard’ means any public
official assigned, in accordance with national law, to a border crossing point
or along the border or the immediate vicinity of that border who carries out,
in accordance with this Regulation and national law, border control tasks;
15.         ‘carrier’ means any natural or
legal person whose profession it is to provide transport of persons;
ê 610/2013
Art. 1.1(f)
16.         ‘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[26]
and residence cards issued in accordance with Directive 2004/38/EC;
(b)     all other documents issued by a Member
State to third-country nationals authorising a stay on its territory that have
been the subject of a notification and subsequent publication in accordance
with Article 39, with the exception of:
(i)      temporary permits issued pending
examination of a first application for a residence permit as referred to in
point (a) or an application for asylum; and
(ii)     visas issued by the Member States in
the uniform format laid down by Council Regulation (EC) No 1683/95[27];
ê 562/2006
17.         ‘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;
18.         ‘pleasure boating’ means the use
of pleasure boats for sporting or tourism purposes;
19.         ‘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;
ê 610/2013
Art. 1.1(g) (adapted)
20.         ‘offshore worker’ means a person
working on an offshore installation located in the territorial waters or in an
area of exclusive maritime economic exploitation of the Member States, as
defined Ö under the Õ international
law Ö of the
sea Õ , and who
returns regularly by sea or air to the territory of the Member States;
ê 562/2006
21.         ‘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 diseases or
contagious parasitic diseases if they are the subject of protection provisions
applying to nationals of the Member States.
Article 3
Scope
This Regulation shall apply to any person
crossing the internal or external borders of Member States, without prejudice
to:
ê 610/2013
Art. 1.2
(a)          the rights of persons enjoying
the right of free movement under Union law;
ê 562/2006
(b)          the rights of refugees and
persons requesting international protection, in particular as regards non-refoulement.
ê 610/2013
Art. 1.3
Article 4
Fundamental
Rights
When applying this Regulation, Member
States shall act in full compliance with relevant Union law, including the
Charter of Fundamental Rights of the European Union (‘the Charter of
Fundamental Rights’), relevant international law, including the Convention
Relating to the Status of Refugees done at Geneva on 28 July 1951 (‘the Geneva
Convention’), obligations related to access to international protection, in
particular the principle of non-refoulement, and fundamental rights. In
accordance with the general principles of Union law, decisions under this
Regulation shall be taken on an individual basis.
ê 562/2006
TITLE II
EXTERNAL BORDERS
CHAPTER I
Crossing of external borders and
conditions for entry
Article 5
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 39 .
ê 610/2013
Art. 1.4
2. By way of
derogation from paragraph 1, exceptions to the obligation to cross external
borders only at border crossing points and during fixed opening hours may be
allowed:
(a)          for individuals or groups of
persons, where there is a requirement of a special nature for the occasional
crossing of external borders outside border crossing points or outside fixed
opening hours, 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 internal security of the Member States. Member States may make specific
arrangements in bilateral agreements. General exceptions provided for by
national law and bilateral agreements shall be notified to the Commission
pursuant to Article 39 ;
(b)          for individuals or groups of
persons in the event of an unforeseen emergency situation;
(c)          in accordance with the specific
rules set out in Articles 19 and 20 in conjunction with Annexes VI and VII.
ê 562/2006
(adapted)
3. Without prejudice to the exceptions
provided for in paragraph 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. Ö Those Õ penalties
shall be effective, proportionate and dissuasive.
Article 6
Entry
conditions for third-country nationals
ê 610/2013
Art. 1.5(a)
1. For
intended stays on the territory of the Member States of a duration of no more
than 90 days in any 180-day period, which entails considering the 180-day
period preceding each day of stay, the entry conditions for third-country
nationals shall be the following:
(a)          they are in possession of a valid travel
document entitling the holder to cross the border satisfying the following
criteria:
(i)      its validity shall extend at least
three months after the intended date of departure from the territory of the
Member States. In a justified case of emergency, this obligation may be waived;
(ii)     it shall have been issued within the
previous 10 years;
ê 265/2010
Art. 2.1
(b)          they are in possession of a valid
visa, if required pursuant to Council Regulation (EC) No 539/2001[28], except where they
hold a valid residence permit or a valid long-stay visa;
ê 562/2006
(c)          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 country
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, internal 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 purposes of refusing entry
on the same grounds.
ê 610/2013
Art. 1.5(b)
2. For the purposes of implementing
paragraph 1, the date of entry shall be considered as the first day of stay on
the territory of the Member States and the date of exit shall be considered as
the last day of stay on the territory of the Member States. Periods of stay
authorised under a residence permit or a long-stay visa shall not be taken into
account in the calculation of the duration of stay on the territory of the
Member States.
ê 562/2006
3. 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 paragraph 1 (c) is
included in Annex I.
4. Means of subsistence shall be assessed
in accordance with the duration and the purpose of the stay and by reference to
average prices in the Member State(s) concerned for board and lodging in budget
accommodation, multiplied by the number of days stayed.
Reference amounts set by the Member States
shall be notified to the Commission in accordance with Article 39 .
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 evidence of sufficient means of
subsistence.
5. By way of
derogation from paragraph 1:
ê 610/2013
Art. 1.5(c)
(a)          third-country nationals who do
not fulfil all the conditions laid down in paragraph 1 but who hold a
residence permit or a long-stay visa shall be authorised to enter the territory
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 the
long-stay 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;
(b)          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 territory of the Member States, if a visa is issued at the border in
accordance with Articles 35 and 36 of Regulation (EC) No 810/2009 of the
European Parliament and of the Council[29].
Member States shall compile statistics on visas
issued at the border in accordance with Article 46 of Regulation (EC) No
810/2009 and Annex XII thereto.
ê 562/2006
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[30], 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.
CHAPTER II
Control of external borders and refusal
of entry
Article 7
Conduct
of border checks
ê 610/2013
Art. 1.6
1. Border guards shall, in the performance
of their duties, fully respect human dignity, in particular in cases involving
vulnerable persons.
ê 562/2006
Any measures taken in the performance of
their duties shall be proportionate to the objectives pursued by such measures.
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 8
Border
checks on persons
1. Cross-border movement at external
borders shall be subject to checks by border guards. Checks shall be carried
out in accordance 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
presentation of their travel documents. Such a minimum check shall consist of a
rapid and straightforward verification, where appropriate 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.
ê 610/2013
Art. 1.7(a)
The minimum check referred to in the first
subparagraph shall be the rule for persons enjoying the right of free movement
under Union law.
However, on a non-systematic basis, when
carrying out minimum checks on persons enjoying the right of free movement
under Union law, border guards may consult national and European databases 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 right of free
movement under Union law into the territory of the Member State concerned as
laid down in Directive 2004/38/EC.
ê 562/2006
(adapted)
3. On entry
and exit, third-country nationals shall be subject to thorough checks Ö as
follows: Õ
(a)          thorough checks on entry shall comprise
verification of the conditions governing entry laid down in Article 6(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)      verification that the third-country
national is in possession of a document which is valid for crossing the border
and which has not expired, and that the document is accompanied, where
applicable, by the requisite visa or residence permit;
(ii)     thorough scrutiny of the travel
document for signs of falsification or counterfeiting;
(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 Member States;
(iv)    verification regarding the point of
departure and the destination 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;
ê 81/2009
Art. 1.1 (adapted)
(b)          if the third country national
holds a visa referred to in Article 6(1)(b), the thorough checks on entry shall
also comprise verification of the identity of the holder of the visa and of the
authenticity of the visa, by consulting the Visa Information System (VIS)
in accordance with Article 18 of Regulation (EC) No 767/2008;
(c)          by way of derogation Ö from
points (a) and (b), the VIS may be consulted using the number of the visa
sticker in all cases and, on a random basis, the number of the visa sticker in
combination with the verification of fingerprints Õ where:
(i)      traffic of such intensity arises that
the waiting time at the border crossing point becomes excessive;
(ii)     all resources have already been
exhausted as regards staff, facilities and organisation; and
(iii)    on the basis of an assessment there
is no risk related to internal security and illegal immigration.
However, in all cases where there is doubt as
to the identity of the holder of the visa and/or the authenticity of the visa,
the VIS shall be consulted systematically using the number of the visa sticker
in combination with the verification of fingerprints.
This derogation may be applied only at the
border crossing point concerned for as long as the conditions Ö referred to
in points (i), (ii) and (iii) Õ are met;
(d)          the decision to consult the VIS
in accordance with point (c) shall be taken by the border guard in command at
the border crossing point or at a higher level.
The Member State concerned shall immediately
notify the other Member States and the Commission of any such decision;
(e)          each Member State shall transmit
once a year a report on the application of point (c) to the European Parliament
and the Commission, which shall include the number of third-country nationals
who were checked in the VIS using the number of the visa sticker only and the
length of the waiting time referred to in point (c)(i);
(f)          points (c) and (d) shall apply
for a maximum period of three years, beginning three years after the VIS has
started operations. The Commission shall, before the end of the second year of
application of points (c) and (d), transmit to the European Parliament and to
the Council an evaluation of their implementation. On the basis of that
evaluation, the European Parliament or the Council may invite the Commission to
propose appropriate amendments to this Regulation;
ê 562/2006
è1 81/2009 Art. 1.2
(g)          thorough checks on exit shall comprise:
(i)      verification that the third-country
national is in possession of a document valid for crossing the border;
(ii)     verification of the travel document
for signs of falsification 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;
(h)          in addition to the checks referred to in
point (g) thorough checks on exit may also comprise:
(i)      verification that the person is in
possession of a valid visa, if required pursuant to Regulation (EC) No
539/2001, except where he or she holds a valid residence permit; è1 such verification may comprise consultation of the
VIS in accordance with Article 18 of Regulation (EC) No 767/2008; ç
(ii)     verification that the person did not
exceed the maximum duration of authorised stay in the territory of the Member
States;
(iii)    consultation of alerts on persons and
objects included in the SIS and reports in national data files;
ê 81/2009
Art. 1.3
(i)           for the purpose of
identification of any person who may not fulfil, or who may no longer fulfil,
the conditions for entry, stay or residence on the territory of the Member
States, the VIS may be consulted in accordance with Article 20 of Regulation
(EC) No 767/2008.
ê 562/2006
è1 610/2013 Art. 1.7(b)
4. Where facilities exist and if requested
by the third-country national, such thorough checks shall be carried out in a
private area.
5. è1 Without prejudice to the second subparagraph,
third-country nationals subject to a thorough second line check shall be given
written information in a language which they understand or may reasonably be
presumed to understand, or in another effective way, on the purpose of, and the
procedure for, such a check. ç
This information shall be available in all
the official languages of the Union and in the language(s) of the country or
countries bordering the Member State concerned and shall indicate that the
third-country national may request the name or service identification 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.
ê 610/2013
Art. 1.7(c)
6. Checks on a person enjoying the right of
free movement under Union law shall be carried out in accordance with Directive
2004/38/EC.
ê 562/2006
7. Detailed rules governing the information
to be registered are laid down in Annex II.
ê 610/2013
Art. 1.7(d) (adapted)
8. Where Article 5(2)(a) or (b) Ö applies Õ, Member States
may also provide derogations from the rules set out in this Article.
ê 562/2006
(adapted)
Article 9
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 waiting 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 paragraph 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 circumstances justifying it and introduced gradually.
3. Even in the event that checks are
relaxed, the border guard shall stamp the travel documents of third-country
nationals both on entry and exit, in accordance with Article 11 .
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 10
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 8 . Such lanes shall be differentiated
by means of the signs bearing the indications set out in Annex III.
Member States may provide separate lanes at
their sea and land border crossing points and at borders between Member States Ö which
do Õ not apply
Article 22 at their common borders. The signs bearing the indications set out
in 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
optimal flow levels of persons crossing the border.
ê 610/2013
Art. 1.8(a)
2. Persons enjoying the right of free
movement under Union law are entitled to use the lanes indicated by the sign in
part A (‘EU, EEA, CH’) of Annex III. They may also use the lanes indicated by
the sign in part B1 (‘visa not required’) and part B2 (‘all passports’) of
Annex III.
Third-country nationals who are not obliged
to possess a visa when crossing the external borders of the Member States in
accordance with Regulation (EC) No 539/2001 and third‑country nationals
who hold a valid residence permit or long-stay visa may use the lanes indicated
by the sign in part B1 (‘visa not required’) of Annex III to this Regulation.
They may also use the lanes indicated by the sign in part B2 (‘all passports’)
of Annex III to this Regulation.
All other persons shall use the lanes
indicated by the sign in part B2 (‘all passports’) of Annex III.
The indications on the signs referred to in
the first, second and third subparagraphs may be displayed in such language or
languages as each Member State considers appropriate.
The provision of separate lanes indicated
by the sign in part B1 (‘visa not required’) of Annex III is not
obligatory. Member States shall decide whether to do so and at which border
crossing points in accordance with practical needs.
ê 562/2006
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.
Article 11
ê 610/2013
Art. 1.9(a)
Stamping
of the travel documents
ê 562/2006
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.
ê 610/2013
Art. 1.9(b)
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 that Directive, shall be stamped on entry and exit.
The travel documents of nationals of third
countries who are members of the family of nationals of third countries
enjoying the right of free movement under Union law, but who do not present the
residence card provided for in Directive 2004/38/EC, shall be stamped on entry
and exit.
ê 562/2006
3. No entry
or exit stamp shall be affixed:
(a)          to the travel documents of Heads
of State and dignitaries whose arrival has been officially announced in advance
through diplomatic channels;
(b)          to pilots' licences or the
certificates of aircraft crew members;
(c)          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;
(d)          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;
ê 610/2013
Art. 1.9(c)
(f)          to the travel documents of crews
of passengers and goods trains on international connections;
(g)          to the travel documents of
nationals of third countries who present a residence card provided for in
Directive 2004/38/EC.
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 that
person's name and passport number. That sheet shall be given to the
third-country national. The competent authorities of the Member States may keep
statistics of such exceptional cases and may provide those statistics to the
Commission.
ê 562/2006
(adapted)
4. The practical arrangements for stamping
are set out in Annex IV.
5. Whenever possible, third-country
nationals 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 9 .
Article 12
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 presume that the holder does not fulfil, or no longer fulfils,
the conditions of duration of stay applicable within the Member State concerned.
2. The presumption referred to in paragraph
1 may be rebutted 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 competent 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
contemplated in Article 3(2) of the 2003 Act of Accession Ö , in Article
4(2) of the 2005 Act of Accession and in Article 4(2) of the 2011 Act of
Accession Õ has not been
taken, the competent 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 such a Member State.
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.
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.
ê 610/2013
Art. 1.10(a)
3. Should the presumption referred to in
paragraph 1 not be rebutted, the third-country national may be returned in
accordance with Directive 2008/115/EC of the European Parliament and of the
Council[31]
and with national law respecting that Directive.
ê 610/2013
Art. 1.10(b)
4. The relevant provisions of paragraphs 1
and 2 shall apply mutatis mutandis in the absence of an exit stamp.
ê 562/2006
Article 13
Border
surveillance
ê 610/2013 Art.
1.11(a)
1. The main purpose of border surveillance
shall be to prevent unauthorised border crossings, to counter cross-border
criminality and to take measures against persons who have crossed the border
illegally. A person who has crossed a border illegally and who has no right to
stay on the territory of the Member State concerned shall be apprehended and
made subject to procedures respecting Directive 2008/115/EC.
ê 562/2006
2. The border guards shall use stationary
or mobile units 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.
4. Surveillance shall be carried out by
stationary or mobile units which perform their duties by patrolling or
stationing themselves at places known or perceived to be sensitive, the aim of
such surveillance being to apprehend individuals crossing the border illegally.
Surveillance may also be carried out by technical means, including electronic
means.
ê 610/2013
Art. 1.11(b)
5. The Commission shall be empowered to
adopt delegated acts in accordance with Article  37 concerning
additional measures governing surveillance.
ê 562/2006
Article 14
Refusal
of entry
1. A third-country national who does not
fulfil all the entry conditions laid down in Article  6(1) and does
not belong to the categories of persons referred to in Article 6(5) shall be
refused entry to the territories of the Member States. This shall be without
prejudice to the application of special provisions concerning the right of
asylum and to international protection or the issue of long-stay visas.
2. Entry may only be refused by a
substantiated decision stating the precise reasons for the refusal. The
decision shall be taken by an authority empowered by national law. It shall
take effect immediately.
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
representatives 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 decision 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.
4. The border guards shall ensure that a
third-country national refused entry does not enter the territory of the Member State concerned.
ê 610/2013
Art. 1.12
5. Member States shall collect statistics
on the number of persons refused entry, the grounds for refusal, the
nationality of the persons who were refused entry and the type of border (land,
air or sea) at which they were refused entry and submit them yearly to the
Commission (Eurostat) in accordance with Regulation (EC) No 862/2007 of the
European Parliament and of the Council[32].
ê 562/2006
6. Detailed rules governing refusal of
entry are given in Part A of Annex V.
CHAPTER III
Staff and resources for border control
and cooperation between Member States
Article 15
Staff
and resources for border control
Member States shall deploy appropriate
staff and resources in sufficient numbers to carry out border control at the
external borders, in accordance with Articles 7 to 14 , in such a way as to
ensure an efficient, high and uniform level of control at their external
borders.
Article 16
Implementation
of control
1. The border control provided for by
Articles 7 to 14 shall be 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.
ê 610/2013
Art. 1.13 (adapted)
Member States shall ensure that the border
guards are specialised and properly trained professionals, taking into account
common core curricula for border guards established and developed by the
European Agency for the Management of Operational Cooperation at the External
Borders of the Member States Ö (‘the
Agency’) Õ established by
 Regulation (EC) No 2007/2004. Training curricula shall include
specialised training for detecting and dealing with situations involving
vulnerable persons, such as unaccompanied minors and victims of trafficking.
Member States, with the support of the Agency, shall encourage border guards to
learn the languages necessary for the carrying-out of their tasks.
ê 562/2006
(adapted)
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 39 .
3. To control borders effectively, each Member State shall ensure close and constant cooperation between its national services
responsible for border control.
Article 17
Cooperation
between Member States
1. The Member States shall assist each
other and shall maintain close and constant cooperation with a view to the
effective implementation of border control, in accordance with Articles 7 to 16
. 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 Agency.
3. Without prejudice to the competences of
the Agency, Member States may continue operational cooperation with other Member States and/or third countries at external borders, including the exchange of liaison
officers, where such cooperation complements the action of the Agency.
Member States shall refrain from any
activity which could jeopardise 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.
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.
Article 18
Joint
control
1. Member States which do not apply Article
22 Ö at Õ their common
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 responsibility of Member States arising from Articles 7 to 14 .
To that end, Member States may conclude
bilateral arrangements between themselves.
2. Member States shall inform the
Commission of any arrangements concluded in accordance with paragraph 1.
CHAPTER IV
Specific rules for border checks
Article 19
Specific
rules for the various types of border and the various means of transport used
for crossing the external borders
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.
ê 610/2013
Art. 1.14
Those specific rules may contain
derogations from Articles 5 and 6 and Articles 8 to 14 .
ê 562/2006
Article 20
Specific
rules for checks on certain categories of persons
1. The
specific rules set out in Annex VII shall apply to checks 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 members of international organisations;
(e)          cross-border workers;
(f)          minors;
ê 610/2013
Art. 1.15(a)
(g)          rescue services, police and fire
brigades and border guards;
(h)          offshore workers.
ê 610/2013
Art. 1.15(b)
Those specific rules may contain
derogations from Articles 5 and 6 and Articles 8 to 14 .
ê 562/2006
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 39 .
ê Annex V.9
(in other languages box can be deleted) (adapted)
ê 1051/2013
Art. 1.1
CHAPTER V
Specific measures in the case of serious
deficiencies relating to external border control
Article 21
Measures
at external borders and support by the Agency
1. Where
serious deficiencies in the carrying out of external border control are
identified in an evaluation report drawn up pursuant to Article 14 of
Regulation (EU) No 1053/2013, and with a view to ensuring compliance with the
recommendations referred to in Article 15 of that Regulation, the Commission
may recommend, by means of an implementing act, that the evaluated Member State
take certain specific measures, which may include one or both of the following:
(a)          initiating the deployment of
European border guard teams in accordance with Regulation (EC) No 2007/2004;
(b)          submitting its strategic plans,
based on a risk assessment, including information on the deployment of
personnel and equipment, to the Agency for its opinion thereon.
That implementing act shall be adopted in
accordance with the examination procedure referred to in Article 38(2).
2. The Commission shall inform the
committee established pursuant to Article 38(1) on a regular basis of the
progress in the implementation of the measures referred to in paragraph 1 of
this Article and on its impact on the deficiencies identified.
It shall also inform the European
Parliament and the Council.
3. Where an evaluation report as referred
to in paragraph 1 has concluded that the evaluated Member State is seriously
neglecting its obligations and must therefore report on the implementation of
the relevant action plan within three months in accordance with Article 16(4)
of Regulation (EU) No 1053/2013, and where, following that three-month period,
the Commission finds that the situation persists, it may trigger the
application of the procedure provided for in Article 29 of this Regulation
where all the conditions for doing so are fulfilled.
ê 562/2006
(adapted)
TITLE III
INTERNAL BORDERS
CHAPTER I
 Ö Absence Õ of border
control at internal borders
Article 22
Crossing
internal borders
Internal borders may be crossed at any
point without a border check on persons, irrespective of their nationality,
being carried out.
Article 23
Checks
within the territory
The Ö absence Õ 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 exercise 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;
(c)          the possibility for a Member State to provide by law for an obligation to hold or carry papers and documents;
ê 610/2013
Art. 1.16 (adapted)
(d)          the possibility for a Member State
to provide by law for an obligation on third-country nationals to report their
presence on its territory pursuant to the provisions of Article 22 of Ö the Convention implementing the Schengen Agreement of 14 June 1985
between the Governments of the States of the Benelux Economic Union, the
Federal Republic of Germany and the French Republic on the gradual abolition of
checks at their common borders Õ (‘the Schengen Convention’).
ê 562/2006
Article 24
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
ê 1051/2013
Art. 1.2 (adapted)
Article 25
General
framework for the temporary reintroduction of border control at internal
borders
1. Where, in the area without internal
border control, there is a serious threat to public policy or internal security
in a Member State, that Member State may exceptionally reintroduce border
control at all or specific parts of its internal borders for a limited period
of up to 30 days or for the foreseeable duration of the serious threat if
its duration exceeds 30 days. 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. Border control at internal borders shall
only be reintroduced as a last resort, and in accordance with Articles 27, 28
and 29. The criteria referred to, respectively, in Articles 26 and 30 shall be
taken into account in each case where a decision on the reintroduction of
border control at internal borders is considered pursuant, respectively, to
Article 27, 28 or 29.
3. If the serious threat to public policy
or internal security in the Member State concerned persists beyond the period
provided for in paragraph 1 of this Article, that Member State may prolong
border control at its internal borders, taking account of the criteria referred
to in Article 26 and in accordance with Article 27, on the same grounds as
those referred to in paragraph 1 of this Article and, taking into account any
new elements, for renewable periods of up to 30 days.
4. The total period during which border
control is reintroduced at internal borders, including any prolongation
provided for under paragraph 3 of this Article, shall not exceed six months.
Where there are exceptional circumstances as referred to in Article 29, that
total period may be extended to a maximum length of two years, in accordance
with paragraph 1 of that Article.
Article 26
Criteria
for the temporary reintroduction of border control at internal borders
Where a
Member State decides, as a last resort, on the temporary reintroduction of
border control at one or more of its internal borders or at parts thereof, or
decides to prolong such reintroduction, in accordance with Article 25 or
Article 28(1), it shall assess the extent to which such a measure is likely to
adequately remedy the threat to public policy or internal security, and shall
assess the proportionality of the measure in relation to that threat. In making
such an assessment, the Member State shall, in particular, take the following
into account:
(a)          the likely impact of any threats
to its public policy or internal security, including following terrorist
incidents or threats and including those posed by organised crime;
(b)          the likely impact of such a
measure on free movement of persons within the area without internal border
control.
Article 27
Procedure
for the temporary reintroduction of border control at internal borders under
Article 23(1) 25
1. Where a
Member State plans to reintroduce border control at internal borders under
Article  25, it shall notify the other Member States and the Commission at
the latest four weeks before the planned reintroduction, or within a shorter
period where the circumstances giving rise to the need to reintroduce border
control at internal borders become known less than four weeks before the
planned reintroduction. To that end, the Member State shall supply the
following information:
(a)          the reasons for the proposed
reintroduction, including all relevant data detailing the events that
constitute a serious threat to its public policy or internal security;
(b)          the scope of the proposed
reintroduction, specifying at which part or parts of the internal borders
border control is to be reintroduced;
(c)          the names of the authorised
crossing-points;
(d)          the date and duration of the planned
reintroduction;
(e)          where appropriate, the measures
to be taken by the other Member States.
A notification under the first subparagraph
may also be submitted jointly by two or more Member States.
If necessary, the Commission may request
additional information from the Member State(s) concerned.
2. The information referred to in paragraph
1 shall be submitted to the European Parliament and to the Council at the same
time as it is notified to the other Member States and to the Commission
pursuant to that paragraph.
3. Member States making a notification
under paragraph 1 may, where necessary and in accordance with national law,
decide to classify parts of the information.
Such classification shall not preclude
information from being made available by the Commission to the European
Parliament. The transmission and handling of information and documents
transmitted to the European Parliament under this Article shall comply with
rules concerning the forwarding and handling of classified information which
are applicable between the European Parliament and the Commission.
4. Following notification by a Member State
under paragraph 1 and with a view to consultation provided for in paragraph 5,
the Commission or any other Member State may, without prejudice to Article 72
of the Ö TFEU Õ , issue an
opinion.
If, based on the information contained in
the notification or on any additional information it has received, the
Commission has concerns as regards the necessity or proportionality of the
planned reintroduction of border control at internal borders, or if it
considers that a consultation on some aspect of the notification would be
appropriate, it shall issue an opinion to that effect.
5. The information referred to in paragraph
1 and any Commission or Member State opinion under paragraph 4 shall be the
subject of consultation, including, where appropriate, joint meetings between
the Member State planning to reintroduce border control at internal borders,
the other Member States, especially those directly affected by such measures,
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 threat to public policy or internal security.
6. The consultation referred to in
paragraph 5 shall take place at least ten days before the date planned for the
reintroduction of border control.
Article 28
Specific
procedure for cases requiring immediate action
1. Where a serious threat to public policy
or internal security in a Member State requires immediate action to be taken,
the Member State concerned may, on an exceptional basis, immediately
reintroduce border control at internal borders, for a limited period of up to
ten days.
2. Where a Member State reintroduces border
control at internal borders, it shall at the same time notify the other Member
States and the Commission accordingly, and shall supply the information
referred to in Article 27(1), including the reasons that justify the use of the
procedure set out in this Article. The Commission may consult the other Member
States immediately upon receipt of the notification.
3. If the serious threat to public policy
or internal security persists beyond the period provided for in paragraph 1,
the Member State may decide to prolong the border control at internal borders
for renewable periods of up to 20 days. In doing so, the Member State concerned
shall take into account the criteria referred to in Article 26 , including an
updated assessment of the necessity and the proportionality of the measure, and
shall take into account any new elements.
In the event of such a prolongation, the
provisions of Article 27(4) and (5) shall apply mutatis mutandis, and
the consultation shall take place without delay after the decision to prolong
has been notified to the Commission and to the Member States.
4. Without prejudice to Article 25(4), the
total period during which border control is reintroduced at internal borders,
on the basis of the initial period under paragraph 1 Ö of this
Article Õ and any
prolongations under paragraph 3 Ö of this
Article Õ , shall not
exceed two months.
5. The Commission shall inform the European
Parliament without delay of notifications made under this Article.
Article 29
Specific
procedure where exceptional circumstances put the overall functioning of the
area without internal border control at risk
1. In exceptional circumstances where the
overall functioning of the area without internal border control is put at risk
as a result of persistent serious deficiencies relating to external border
control as referred to in Article 21 , and insofar as those circumstances
constitute a serious threat to public policy or internal security within the
area without internal border control or within parts thereof, border control at
internal borders may be reintroduced in accordance with paragraph 2 of this
Article for a period of up to six months. That period may be prolonged, no more
than three times, for a further period of up to six months if the exceptional
circumstances persist.
2. The Council may, as a last resort and as
a measure to protect the common interests within the area without internal
border control, where all other measures, in particular those referred to in
Article 21(1), are ineffective in mitigating the serious threat identified,
recommend that one or more Member States decide to reintroduce border control at
all or at specific parts of their internal borders. The Council's
recommendation shall be based on a proposal from the Commission. The Member
States may request the Commission to submit such a proposal to the Council for
a recommendation.
In its recommendation, the Council shall at
least indicate the information referred to in Article 27(1)(a) to (e).
The Council may recommend a prolongation in
accordance with the conditions and procedure set out in this Article.
Before a Member State reintroduces border control
at all or at specific parts of its internal borders under this paragraph, it
shall notify the other Member States, the European Parliament and the
Commission accordingly.
3. In the event that the recommendation
referred to in paragraph 2 is not implemented by a Member State, that Member
State shall without delay inform the Commission in writing of its reasons.
In such a case, the Commission shall
present a report to the European Parliament and to the Council assessing the
reasons provided by the Member State concerned and the consequences for
protecting the common interests of the area without internal border control.
4. On duly justified grounds of urgency
relating to situations where the circumstances giving rise to the need to
prolong border control at internal borders in accordance with paragraph 2
become known less than 10 days before the end of the preceding reintroduction
period, the Commission may adopt any necessary recommendations by means of
immediately applicable implementing acts in accordance with the procedure
referred to in Article 38(3). Within 14 days of the adoption of such
recommendations, the Commission shall submit to the Council a proposal for a
recommendation in accordance with paragraph 2 Ö of this
Article Õ.
5. This Article shall be without prejudice
to measures that may be adopted by the Member States in the event of a serious
threat to public policy or internal security under Articles 25, 27 and 28.
Article 30
Criteria
for the temporary reintroduction of border control at internal borders where
exceptional circumstances put the overall functioning of the area without
internal border control at risk
1. Where, as
a last resort, the Council recommends in accordance with Article 29(2) the
temporary reintroduction of border control at one or more internal borders or
at parts thereof, it shall assess the extent to which such a measure is likely
to adequately remedy the threat to public policy or internal security within
the area without internal border control, and shall assess the proportionality
of the measure in relation to that threat. That assessment shall be based on
the detailed information submitted by the Member State(s) concerned and by the
Commission and any other relevant information, including any information
obtained pursuant to paragraph 2 of this Article. In making such an assessment,
the following considerations shall in particular be taken into account:
(a)          the availability of technical or
financial support measures which could be or have been resorted to at national
or Union level, or both, including assistance by Union bodies, offices or
agencies, such as the Agency, the European Asylum Support Office, established
by Regulation (EU) No 439/2010 of the European Parliament and of the Council[33] or the European Police
Office (‘Europol’), established by Decision 2009/371/JHA, and the extent
to which such measures are likely to adequately remedy the threat to public
policy or internal security within the area without internal border control;
(b)          the current and likely future
impact of any serious deficiencies relating to external border control
identified in the context of the evaluations carried out pursuant to Regulation
(EU) No 1053/2013 and the extent to which such serious deficiencies constitute
a serious threat to public policy or internal security within the area without
internal border control;
(c)          the likely impact of the
reintroduction of border control on the free movement of persons within the
area without internal border control.
2. Before
adopting a proposal for a Council recommendation, in accordance with
Article  29(2), the Commission may:
(a)          request Member States, the
Agency, Europol or other Union bodies, offices or agencies to provide it with
further information;
(b)          carry out on-site visits, with
the support of experts from Member States and of the Agency, Europol or any
other relevant Union body, office or agency, in order to obtain or verify
information relevant for that recommendation.
Article 31
Informing
the European Parliament and the Council
The Commission and the Member State(s)
concerned shall inform the European Parliament and the Council as soon as
possible of any reasons which might trigger the application of Articles 21 and 25
to 30.
ê 562/2006
Article 32
Provisions
to be applied where border control is reintroduced at internal borders
Where border control at internal borders is
reintroduced, the relevant provisions of Title II shall apply mutatis
mutandis.
ê 1051/2013
Art. 1.3
Article 33
Report
on the reintroduction of border control at internal borders
Within four weeks of the lifting of border
control at internal borders, the Member State which has carried out border
control at internal borders shall present a report to the European Parliament,
the Council and the Commission on the reintroduction of border control at
internal borders, outlining, in particular, the initial assessment and the
respect of the criteria referred to in Articles 26, 28 and 30, the operation of
the checks, the practical cooperation with neighbouring Member States, the
resulting impact on the free movement of persons, the effectiveness of the
reintroduction of border control at internal borders, including an ex-post
assessment of the proportionality of the reintroduction of border control.
The Commission may issue an opinion on that
ex-post assessment of the temporary reintroduction of border control at one or
more internal borders or at parts thereof.
The Commission shall present to the
European Parliament and to the Council, at least annually, a report on the
functioning of the area without internal border control. The report shall
include a list of all decisions to reintroduce border control at internal
borders taken during the relevant year.
Article 34
Informing
the public
The Commission and the Member State
concerned shall inform the public in a coordinated manner on a decision to
reintroduce border control at internal borders and indicate in particular the
start and end date of such a measure, unless there are overriding security
reasons for not doing so.
ê 562/2006
Article 35
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 33.
TITLE IV
FINAL PROVISIONS
ê 610/2013
Art. 1.17
Article 36
Amendments
to the Annexes
The Commission shall be empowered to adopt
delegated acts in accordance with Article  37 concerning amendments
to Annexes III, IV and VIII.
ê 610/2013
Art. 1.18 (adapted)
Article 37
Exercise
of the delegation
1. The power to adopt delegated acts is
conferred on the Commission subject to the conditions laid down in this
Article.
2. The power to adopt delegated acts
referred to in Article 13(5) and Article 36 shall be conferred on the
Commission for an indeterminate period of time.
3. The delegation of powers referred to in
Article 13(5) and Article 36 may be revoked at any time by the European
Parliament or by the Council. A decision to revoke shall put an end to the
delegation of the power specified in that decision. It shall take effect the
day following the publication of the decision in the Official Journal of the
European Union or at a later date specified therein. It shall not affect
the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act,
the Commission shall notify it simultaneously to the European Parliament and to
the Council.
5. A delegated act adopted pursuant to
Article 13(5) and Article 36 shall enter into force only if no objection has
been expressed either by the European Parliament or the Council within a period
of two months of notification of that act to the European Parliament and the
Council or if, before the expiry of that period, the European Parliament and
the Council have both informed the Commission that they will not object. That
period shall be extended by two months at the initiative of the European
Parliament or of the Council.
ê 1051/2013
Art. 1.4
Article 38
Committee
procedure
1. The Commission shall be assisted by a
committee. That committee shall be a committee within the meaning of Regulation
(EU) No 182/2011.
2. Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the
committee delivers no opinion, the Commission shall not adopt the draft
implementing act and the third subparagraph of Article 5(4) of Regulation (EU)
No 182/2011 shall apply.
3. Where reference is made to this
paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with
Article 5 thereof, shall apply.
ê 562/2006
Article 39
Notifications
1. Member
States shall notify the Commission of:
ê 610/2013
Art. 1.19(a)
(a)          the list of residence permits,
distinguishing between those covered by Article 2(16)(a) and those covered by
Article 2(16)(b) and accompanied by a specimen for permits covered by Article
2(16)(b). Residence cards issued in accordance with Directive 2004/38/EC
shall be specifically highlighted as such and specimens shall be provided for
those residence cards which have not been issued in accordance with the uniform
format laid down by Regulation (EC) No 1030/2002;
ê 562/2006
(b)          the list of their border crossing
points;
(c)          the reference amounts required
for the crossing of their external 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;
ê 610/2013
Art. 1.19(b)
(f)          the exceptions to the rules
regarding the crossing of the external borders referred to in Article 5(2)(a);
(g)          the statistics referred to in
Article 11(3).
ê 562/2006
(adapted)
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
European Union, C Series, and by any other appropriate means.
Article 40
Local
border traffic
This Regulation shall be without prejudice
to Ö Union Õ rules on local
border traffic and to existing bilateral agreements on local border traffic.
Article 41
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 Declaration by the Kingdom of Spain on the cities of Ceuta and
Melilla in the Final Act to the Agreement on the Accession of the Kingdom of
Spain to the Convention implementing the Schengen Agreement of 14 June 1985[34].
Article 42
Notification
of information by the Member States
ê 610/2013
Art. 1.20
The Member States shall notify the
Commission of national provisions relating to Article  23(c) and (d),
the penalties as referred to in Article 5(3) and the bilateral agreements
authorised by this Regulation. Subsequent changes to those provisions shall be
notified within five working days.
ê 562/2006
The information notified by the Member
States shall be published in the Official Journal of the European Union,
C Series.
ê 1051/2013
Art. 1.5 (adapted)
Article 43
Evaluation
mechanism
1. In accordance with the Ö Treaties Õ and without
prejudice to their provisions on infringement procedures, the implementation by
each Member State of this Regulation shall be evaluated through an evaluation
mechanism.
2. The rules on the evaluation mechanism
are specified in Regulation (EU) No 1053/2013. In accordance with that
evaluation mechanism, the Member States and the Commission are, jointly, to
conduct regular, objective and impartial evaluations in order to verify the
correct application of this Regulation and the Commission is to coordinate the
evaluations in close cooperation with the Member States. Under that mechanism,
every Member State is evaluated at least every five years by a small team
consisting of Commission representatives and of experts designated by the
Member States.
Evaluations may consist of announced or
unannounced on-site visits at external or internal borders.
In accordance with that evaluation
mechanism, the Commission is responsible for adopting the multiannual and
annual evaluation programmes and the evaluation reports.
3. In the case of possible deficiencies
recommendations for remedial action may be addressed to the Member States
concerned.
Where serious deficiencies in the carrying
out of external border control are identified in an evaluation report adopted
by the Commission in accordance with Article 14 of Regulation (EU) No
1053/2013, Articles 21 and 29 of this Regulation shall apply.
4. The European Parliament and the Council
shall be informed at all stages of the evaluation and be transmitted all the
relevant documents, in accordance with the rules on classified documents.
5. The European Parliament shall be
immediately and fully informed of any proposal to amend or to replace the rules
laid down in Regulation (EU) No 1053/2013.
ê 562/2006
(adapted)
Article 44
Repeal            
ê 
Regulation (EC) No 562/2006 is repealed.
References to the repealed Regulation shall
be construed as references to this Regulation and shall be read in accordance
with the correlation table in Annex X.
ê 562/2006
(adapted)
Article 45
Entry
into force
This Regulation shall enter into force on Ö the twentieth day following that of its publication in the Official
Journal of the European Union Õ.
This
Regulation shall be binding in its entirety and directly applicable in the
Member States in accordance with the Ö Treaties Õ.
Done at Brussels,
For the European Parliament                        For
the Council
The President                                                 The
President
[1]               COM(87) 868 PV.
[2]               See Annex 3 to Part A of the Conclusions.
[3]               Entered in the legislative programme for 2014.
[4]               See Annex IX to this proposal.
[5]               OJ C […], […], p. […].
[6]               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) (OJ L 105, 13.4.2006, p. 1).
[7]               See Annex IX.
[8]               OJ L 239, 22.9.2000, p. 19.
[9]               OJ C 313, 16.12.2002, p. 97.
[10]             Regulation (EC)
No 767/2008 of the European Parliament and of the Council of 9 July
2008 concerning the Visa Information System (VIS) and the exchange of data
between Member States on short-stay visas (VIS Regulation) (OJ L 218,
13.8.2008, p. 60).
[11]             Council Regulation (EC) No
2007/2004 of 26 October 2004 establishing a European Agency for the Management
of Operational Cooperation at the External Borders of the Member States of the
European Union (OJ L 349, 25.11.2004, p. 1).
[12]             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 (OJ L 374, 31.12.1991, p. 4).
[13]              Council
Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and
monitoring mechanism to verify the application of the Schengen acquis and
repealing the Decision of the Executive Committee of 16 September 1998 setting
up a Standing Committee on the evaluation and implementation of Schengen (OJ L
295, 6.11.2013, p. 27).
[14]             Regulation (EU) No 182/2011 of
the European Parliament and of the Council of 16 February 2011 laying down the
rules and general principles concerning mechanisms for control by Member States
of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
[15]             Council Decision 2009/371/JHA
of 6 April 2009 establishing the European Police Office (Europol) (OJ L
121, 15.5.2009, p. 37).
[16]             OJ L 239, 22.9.2000, p. 69.
[17]             OJ L 176, 10.7.1999, p. 36.
[18]             Council Decision 1999/437/EC of
17 May 1999 on certain arrangements for the application of the Agreement
concluded by the Council of the European Union and the Republic of Iceland and
the Kingdom of Norway concerning the association of those two States with the
implementation, application and development of the Schengen acquis (OJ L
176, 10.7.1999, p. 31).
[19]             Council Decision 2008/146/EC
of 28 January 2008 on the conclusion, on behalf of the European Community, of
the Agreement between the European Union, the European Community and the Swiss
Confederation on the Swiss Confederation's association with the implementation,
application and development of the Schengen acquis (OJ L 53, 27.2.2008,
p. 1).
[20]             OJ L 160, 18.6.2011, p. 21.
[21]             Council Decision 2011/350/EU of 7
March 2011 on the conclusion, on behalf of the European Union, of the Protocol
between the European Union, the European Community, the Swiss Confederation and
the Principality of Liechtenstein on the accession of the Principality of
Liechtenstein to the Agreement between the European Union, the European
Community and the Swiss Confederation on the Swiss Confederation’s association
with the implementation, application and development of the Schengen acquis,
relating to the abolition of checks at internal borders and movement of persons
(OJ L 160, 18.6.2011, p. 19).
[22]             Council Decision 2000/365/EC of
29 May 2000 concerning the request of the United Kingdom of Great Britain
and Northern Ireland to take part in some of the provisions of the Schengen acquis
(OJ L 131, 1.6.2000, p. 43).
[23]             Council Decision 2002/192/EC of
28 February 2002 concerning Ireland's request to take part in some of the
provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).
[24]             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 amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004,
p. 77).
[25]             Regulation (EC) No 1987/2006
of the European Parliament and of the Council of 20 December 2006 on the
establishment, operation and use of the second generation Schengen Information
System (SIS II) (OJ L 381, 28.12.2006, p. 4).
[26]             Council Regulation (EC) No
1030/2002 of 13 June 2002 laying down a uniform format for residence permits
for third-country nationals (OJ L 157, 15.6.2002, p. 1).
[27]             Council Regulation (EC) No
1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164,
14.7.1995, p. 1).
[28]             Council Regulation (EC) No
539/2001 of 15 March 2001 listing the third countries whose nationals must be
in possession of visas when crossing the external borders and those whose
nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).
[29]             Regulation (EC) No 810/2009 of
the European Parliament and of the Council of 13 July 2009 establishing a
Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
[30]             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 persons holding travel documents not recognised
by the Member State drawing up the form (OJ L 53, 23.2.2002, p. 4).
[31]             Directive 2008/115/EC of the
European Parliament and of the Council of 16 December 2008 on common standards
and procedures in Member States for returning illegally staying third-country
nationals (OJ L 348, 24.12.2008, p. 98).
[32]             Regulation (EC) No 862/2007 of
the European Parliament and of the Council of 11 July 2007 on Community
statistics on migration and international protection and repealing Council
Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers
(OJ L 199, 31.7.2007, p. 23).
[33]             Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11).
[34]             OJ L 239, 22.9.2000, p. 73.
ê 562/2006
ANNEX I
Supporting documents to verify the
fulfilment of entry conditions
The documentary evidence referred to in Article
6(3) 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 indicating 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.
_____________
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 9 ;
(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 14 (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.
_____________
ANNEX III
Model signs indicating lanes at
border crossing points
PART A
[1]
ê 610/2013
Art. 1.21 and Annex I.1(a)
PART B1: ‘visa not required’;
PART B2: ‘all passports’.
ê 562/2006
PART C
[2]
[3]
[4]
_____________
ANNEX IV
Affixing stamps
1.           The travel documents of third-country
nationals shall be systematically stamped on entry and exit, in accordance with
Article 11 . 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.
ê 610/2013
Art. 1.21 and Annex I.2
3.           On the entry and exit of
third-country nationals subject to the visa obligation, the stamp shall, as a
general rule, be affixed on the page facing the one on which the visa is
affixed.
ê 562/2006
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 Secretariat of the Council and the
Commission thereof. Those contact points shall have access without delay to
information 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.
_____________
ANNEX V
PART A
Procedures for refusing entry at the border
1.           When refusing entry, the
competent border guard shall:
(a)     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’;
(b)     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;
ê 810/2009
Art. 55.a
(c)     annul or revoke the visas, as
appropriate, in accordance with the conditions laid down in Article 34 of
Regulation (EC) No 810/2009;
ê 562/2006
è1 610/2013 Art. 1.21 and
Annex I.3
(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.           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[5];
(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.
3.           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.
PART B
Standard form for refusal of entry at the border

è1 ç
_____________
ANNEX VI
Specific rules for the various
types of border and the various means of transport used for crossing the Member
States' external borders
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 border crossing points shall be regulated in an appropriate manner. Where
necessary, Member States may conclude bilateral agreements to channel and block
traffic. They shall inform the Commission thereof pursuant to Article 42 .
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 10
.
Separate lanes may be dispensed with at any
time by the Member States' competent authorities, in exceptional circumstances
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 external 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 circumstances allow, in
areas designated for that purpose. In the interests of staff safety, checks
will be carried out, where possible, by two border guards.
ê 610/2013
Art. 1.21 and Annex I.4(a) (adapted)
1.1.4.     Shared border crossing
points
1.1.4.1.  Member States may conclude or
maintain bilateral agreements with neighbouring third countries concerning the
establishment of shared border crossing points, at which Member State border guards and third-country border guards carry out exit and entry checks one after
another in accordance with their national law on the territory of the other
party. Shared border crossing points may be located either on the territory of
a Member State territory or on the territory of a third country.
1.1.4.2.  Shared border crossing points
located on Member State territory: bilateral agreements establishing shared
border crossing points located on Member State territory shall contain an
authorisation for third-country border guards to exercise their tasks in the Member State, respecting the following principles:
(a)     International protection: a third-country
national asking for international protection on Member State territory shall be
given access to relevant Member State procedures in accordance with the Union
asylum acquis.
(b)     Arrest of a person or seizure of
property: if third-country border guards become aware of facts justifying the
arrest or placing under protection of a person or seizure of property, they
shall inform Member State authorities of those facts and Member State
authorities shall ensure an appropriate follow-up in accordance with national,
Union and international law, independently of the nationality of the concerned
person.
(c)     Persons enjoying the right of free
movement under Union law entering Union territory: third-country border guards
shall not prevent persons enjoying the right of free movement under Union law
from entering Union territory. If there are reasons justifying refusal of exit
from the third country concerned, third-country border guards shall inform Member State authorities of those reasons and Member State authorities shall ensure an
appropriate follow-up in accordance with national, Union and international law.
1.1.4.3.  Shared border crossing points
located on third-country territory: bilateral agreements establishing shared
border crossing points located on third-country territory shall contain an
authorisation for Member State border guards to perform their tasks in the
third country. For the purpose of this Regulation, any check carried out by
Member State border guards in a shared border crossing point located on the
territory of a third country shall be deemed to be carried out on the territory
of the Member State concerned. Member State border guards shall exercise their
tasks in accordance with Ö this Õ Regulation and
respecting the following principles:
(a)     International protection: a
third-country national who has passed exit control by third-country border
guards and subsequently asks Member State border guards present in the third
country for international protection, shall be given access to relevant Member State procedures in accordance with Union asylum acquis. Third‑country
authorities shall accept the transfer of the person concerned into Member State territory.
(b)     Arrest of a person or seizure of
property: if Member State border guards become aware of facts justifying the
arrest or placing under protection of a person or seizure of property, they
shall act in accordance with national, Union and international law.
Third-country authorities shall accept a transfer of the person or object
concerned into Member State territory.
(c)     Access to IT systems: Member State border guards shall be able to use information systems processing personal data
in accordance with Article 8. Member States shall be allowed to establish
the technical and organisational security measures required by Union law to
protect personal data against accidental or unlawful destruction or accidental
loss, alteration, unauthorised disclosure or access, including access by
third-country authorities.
1.1.4.4.  Before concluding or amending any
bilateral agreement on shared border crossing points with a neighbouring third
country, the Member State concerned shall consult the Commission as to the
compatibility of the agreement with Union law. Pre‑existing bilateral agreements
shall be notified to the Commission by 20 January 2014.
If the Commission considers the agreement to be
incompatible with Union law, it shall notify the Member State concerned. The Member State shall take all appropriate steps to amend the agreement within a reasonable
period in such a way as to eliminate the incompatibilities established.
ê 562/2006
1.2.        Checks on rail traffic
ê 610/2013
Art. 1.21 and Annex I.4(a)
1.2.1.     Checks shall be carried out both on
train passengers and on railway staff on trains crossing external borders,
including those on goods trains or empty trains. Member States may conclude
bilateral or multilateral agreements on how to conduct those checks respecting
the principles set out in point 1.1.4. Those checks shall be carried out in one
of the following ways:
–              
in the first station of arrival or last station
of departure on the territory of a Member State;
–              
on board the train, during transit between the
last station of departure in a third country and the first station of arrival
on the territory of a Member State or vice versa;
–              
in the last station of departure or the first
station of arrival on the territory of a third country.
1.2.2.     In addition, 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 respecting the principles set out in point 1.1.4.,
to carry out entry checks on persons on 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 stations
on the territory of a third country and stations on the territory of the Member
States, provided that the persons stay on board the train.
ê 562/2006
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 station of destination except where checks have been carried
out pursuant to points 1.2.1 or 1.2.2 first indent.
Persons who wish to take the train exclusively
for the remaining part of the journey within the territory of the Member 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
similar 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
territory 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. Appropriate 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 Member
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
(ii). The reverse procedure 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 
7 to 14, 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
immigration; 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.
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 continue 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 7 to 14 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  7 to  14, 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 Regulation (EC) No 300/2008 of the
European Parliament and of the Council[6].
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 declaration comprising inter alia
a flight plan in accordance with Annex 2 to the Convention on
International Civil Aviation 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
Member 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 flying short distances only and airships shall be laid down by
national law and, where applicable, by bilateral agreements.
3.           Sea borders
ê 610/2013
Art. 1.21 and Annex I.4(b) (adapted)
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, or in an area set aside for that
purpose, located in the immediate vicinity of the vessel or on board ship in
the territorial waters as defined by the United Nations Convention on the Law
of the Sea. Member States may conclude agreements according to which checks may
also be carried out during crossings or, upon the ship's arrival or departure,
on the territory of a third country, respecting the principles set out in point
1.1.4.
3.1.2.     The master, the ship's agent or
some other person duly authorised by the master or authenticated in a manner
acceptable to the public authority concerned (in both cases ‘the master’),
shall draw up a list of the crew and any passengers containing the information
required in the forms 5 (crew list) and 6 (passenger list) of the Convention on
Facilitation of International Maritime Traffic (FAL Convention) as well as,
where applicable, the visa or residence permit numbers:
–              
at the latest twenty-four hours before arriving
in the port, or
–              
at the latest at the time the ship leaves the
previous port, if the voyage time is less than twenty-four hours, or
–              
if the port of call is not known or it is
changed during the voyage, as soon as this information is available.
The master shall communicate the list(s) to the
border guards or, if national law so provides, to other relevant authorities
which shall forward the list(s) without delay to the border guards.
3.1.3.     A confirmation of receipt (signed
copy of the list(s) or an electronic receipt confirmation) shall be returned to
the master by the border guards or by the authorities referred to in point
3.1.2., who shall produce it on request when the ship is in port.
3.1.4.     The master shall promptly report to
the competent authority any changes to the composition of the crew or the
number of passengers.
In addition, the master shall notify the
competent authorities promptly, and within the time-limit set out in point
3.1.2., of the presence on board of stowaways. Stowaways, however, remain under
the responsibility of the master.
By way of derogation from Articles 5 and 8, no
systematic border checks shall be carried out on persons staying aboard.
Nevertheless a search of the ship and checks on the persons staying aboard
shall be carried out by border guards only when this is justified on the basis
of an assessment of the risks related to internal security and illegal
immigration.
3.1.5.     The master shall notify the
competent authority of the ship's departure in due time and in accordance with
the rules in force in the port concerned.
ê 562/2006
3.2.        Specific check procedures for certain types of shipping
Cruise ships
ê 610/2013
Art. 1.21 and Annex I.4(c)
3.2.1.     The cruise ship's master shall
transmit to the competent authority the itinerary and the programme of the
cruise, as soon as they have been established and no later than within the
time-limit set out in point 3.1.2.
ê 562/2006
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 5 and 8, no border checks shall be carried
out and the cruise ship may dock at ports which are not border crossing points.
ê 610/2013
Art. 1.21 and Annex I.4(c)
Nevertheless, checks shall be carried out on
the crew and passengers of those ships only when this is justified on the basis
of an assessment of the risks related to internal security and illegal
immigration.
ê 562/2006
è1 610/2013 Art. 1.21 and Annex I.4(c)
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 8, 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 nominal lists of crew and
passengers, as referred to in è1 point 3.1.2 ç.
Passengers going ashore shall be subject to
entry checks in accordance with Article  8 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
territory 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 è1 point 3.1.2. ç 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  8 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 8 if an
assessment of the risks related to internal 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
passengers 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 8;
(e)     where a cruise ship departs from a
port situated in a Member State to such a port, no exit checks shall be carried
out.
ê 610/2013
Art. 1.21 and Annex I.4(c)
Nevertheless, checks shall be carried out on
the crew and passengers of those ships only when this is justified on the basis
of an assessment of the risks related to internal security and illegal
immigration.
ê 562/2006
Pleasure boating
3.2.4.     By way of derogation from Articles 5
and 8, 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.
3.2.5.     By way of derogation from Article 5,
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 border crossing point in order to report the
vessel's presence.
3.2.6.     During those checks, a document
containing all the technical characteristics of the vessel and the names of the
persons 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
document shall be included amongst the ship's papers.
Coastal fishing
3.2.7.     By way of derogation from Articles 5
and 8, 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 docking in a port situated in the
territory of a third country shall not be systematically checked. Nevertheless,
the assessment 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.
3.2.8.     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.
Ferry connections
3.2.9.     Checks shall be carried out on persons on
board ferry connections with ports situated in third countries. The following
rules shall apply:
(a)     where possible, Member States shall
provide separate lanes, in accordance with Article 10;
(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)     ferry passengers travelling by coach
shall be considered as foot passengers. Those passengers shall alight from the
coach for the checks;
(e)     checks on drivers of heavy goods
vehicles and any accompanying persons shall be conducted while the occupants
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;
ê 610/2013
Art. 1.21 and Annex I.4(c)
(i)      point 3.1.2. (obligation to submit
passenger and crew lists) does not apply. If a list of the persons on board has
to be drawn up in accordance with Council Directive 98/41/EC[7], a copy of that list
shall be transmitted not later than thirty minutes after departure from a
third-country port by the master to the competent authority of the port of
arrival on the territory of the Member States.
3.2.10.   Where a ferry coming from a third
country with more than one stop within the territory of the Member States takes
passengers on board only for the remaining leg within that territory, those
passengers shall be subject to an exit check at the port of departure and an
entry check at the port of arrival.
Checks on persons who, during those stop-overs,
are already on board the ferry and have not boarded in the territory of the
Member States shall be carried out at the port of arrival. The reverse
procedure shall apply where the country of destination is a third country.
Cargo connections between Member
States
3.2.11.   By way of derogation from Article 8,
no border checks shall be carried out on cargo connections between the same two
or more ports situated on the territory of the Member States, not calling at
any ports outside the territory of the Member States and consisting of the
transport of goods.
Nevertheless, checks shall be carried out on
the crew and passengers of those ships only when they are justified on the
basis of an assessment of the risks relating to internal security and illegal
immigration.
ê 562/2006
4.           Inland waterways shipping
4.1.        ‘Inland waterways shipping
involving the crossing of an external border’ covers the use, for business or
pleasure purposes, of all types of boat and floating vessels on rivers, canals
and lakes.
4.2.        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.
_____________
ANNEX VII
Special rules for certain
categories of persons
1.           Heads of State
By way of derogation from Article 6 and
Articles 8 to 14, 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 6
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 6(1) shall be fulfilled.
2.2.        Articles 7 to 14 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 purpose. By way of
derogation from Article 8, crews known to staff responsible for border controls
in the performance of their duties may be subject to random checks only.
3.           Seamen
ê 610/2013
Art. 1.21 and Annex I.5(a)
By way of derogation from Articles 5 and 8,
Member States may authorise seamen holding a seafarer's identity document
issued in accordance with the International Labour Organization (ILO)
Seafarers' Identity Documents Convention No 108 (1958) or
No 185 (2003), the Convention on Facilitation of International
Maritime Traffic (FAL Convention) and the relevant national law, to enter
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, or exit the
territory of the Member States by returning to their ships, 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 competent
authorities, of the ship to which they belong.
However, on the basis of an assessment of
the risks of internal security and illegal immigration, seamen shall be subject
to a check in accordance with Article 8 by the border guards before they go
ashore.
ê 562/2006
(adapted)
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 priority over other travellers at border crossing points
even though they remain, where applicable, subject to the requirement for a visa.
By way of derogation from Article 6(1)(c),
persons holding those documents shall not be required to prove that they have
sufficient means of subsistence.
4.2.        If a person presenting himself or
herself at the external border invokes privileges, immunities and exemptions,
the border 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 20(2) and of the document authorising them to cross the border.
Moreover, by way of derogation from Article 14 border guards may not refuse the
holders of diplomatic, official or service passports entry to the territory of
the Member States without first consulting the appropriate 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 Ö Union (EU) Õ 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 Atlantic 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 8 and 14.
5.2.        By way of derogation from Article 8,
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 suspecting 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 inconsistencies 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.
ê 610/2013
Art. 1.21 and Annex I.5(b)
6.4.        Member States shall nominate
national contact points for consultation on minors and inform the Commission
thereof. A list of these national contact points shall be made available to the
Member States by the Commission.
6.5.        Where there is doubt as to any of
the circumstances set out in points 6.1., 6.2. and 6.3., border guards shall
make use of the list of national contact points for consultation on minors.
ê 610/2013
Art. 1.21 and Annex I.5(c) (adapted)
7.           Rescue services, police, fire brigades and border
guards
The arrangements for the entry and exit of
members of rescue services, police, fire brigades acting in emergency
situations as well as border guards crossing the border in exercise of their
professional tasks shall be laid down by national law. Member States may
conclude bilateral agreements with third countries on the entry and exit of
those categories of persons. These arrangements and bilateral agreements may
provide for derogations from Articles  5,  6 and  8.
8.           Offshore workers
By way of derogation from Articles 5 and 8,
offshore workers who regularly return by sea or air to the territory of the
Member States without having stayed on the territory of a third country shall
not be systematically checked.
Nevertheless, an assessment of the risks of
illegal immigration, in particular where the coastline of a third country is
located in the immediate vicinity of an offshore site, shall be taken into
account in order to determine the frequency of the checks to be carried out.
_____________
ê 562/2006
è1 610/2013 Art. 1.21 and Annex I.6(a)
è2 610/2013 Art. 1.21 and Annex I.6(b)
ANNEX VIII

è1 ç
è2 ç
_____________
é 
ANNEX IX
Repealed Regulation with list of
its successive amendments
 Regulation (EC) No 562/2006 of the European Parliament and of the Council (OJ L 105, 13.4.2006, p. 1) ||   || 
 || Regulation (EC) No 296/2008 of the European Parliament and of the Council (OJ L 97, 9.4.2008, p. 60) ||   
 || Regulation (EC) No 81/2009 of the European Parliament and of the Council (OJ L 35, 4.2.2009, p. 56) ||   
 || Regulation (EC) No 810/2009 of the European Parliament and of the Council (OJ L 243, 15.9.2009, p. 1) || Only Article 55 
 || Regulation (EU) No 265/2010 of the European Parliament and of the Council (OJ L 85, 31.3.2010, p. 1) || Only Article 2 
 || Regulation (EU) No 610/2013 of the European Parliament and of the Council (OJ L 182, 29.6.2013, p. 1) || Only Article 1 
 || Regulation (EU) No 1051/2013 of the European Parliament and of the Council (OJ L 295, 6.11.2013, p. 1) ||   
_____________
ANNEX X
Correlation Table
 Regulation (EC) No 562/2006 || This Regulation 
 Article 1 || Article 1 
 Article 2, introductory wording || Article 2, introductory wording 
 Article 2, points (1) to (8) || Article 2, points (1) to (8) 
 Article 2, point (8a) || Article 2, point 9 
 Article 2, point 9 || Article 2, point 10 
 Article 2, point 10 || Article 2, point 11 
 Article 2, point 11 || Article 2, point 12 
 Article 2, point 12 || Article 2, point 13 
 Article 2, point 13 || Article 2, point 14 
 Article 2, point 14 || Article 2, point 15 
 Article 2, point 15 || Article 2, point 16 
 Article 2, point 16 || Article 2, point 17 
 Article 2, point 17 || Article 2, point 18 
 Article 2, point 18 || Article 2, point 19 
 Article 2, point 18a || Article 2, point 20 
 Article 2, point 19 || Article 2, point 21 
 Article 3 || Article 3 
 Article 3a || Article 4 
 Article 4 || Article 5 
 Article 5(1) || Article 6(1) 
 Article 5(1a) || Article 6(2) 
 Article 5(2) || Article 6(3) 
 Article 5(3) || Article 6(4) 
 Article 5(4) || Article 6(5) 
 Article 6 || Article 7 
 Article 7(1) and (2) || Article 8(1) and (2) 
 Article 7(3)(a) || Article 8(3)(a) 
 Article 7(3)(aa) || Article 8(3)(b) 
 Article 7(3)(ab) || Article 8(3)(c) 
 Article 7(3)(ac) || Article 8(3)(d) 
 Article 7(3)(ad) || Article 8(3)(e) 
 Article 7(3)(ae) || Article 8(3)(f) 
 Article 7(3)(b) || Article 8(3)(g) 
 Article 7(3)(c) || Article 8(3)(h) 
 Article 7(3)(d) || Article 8(3)(i) 
 Article 8 || Article 9 
 Article 9(1) || Article 10(1) 
 Article 9(2), first subparagraph, point (a) || Article 10(2), first and second subparagraphs 
 Article 9(2), first subparagraph, point (b) || Article 10(2), third subparagraph 
 Article 9(2), second subparagraph || Article 10(2), fourth subparagraph 
 Article 9(2), third subparagraph || Article 10(2), fifth subparagraph 
 Article 9(3) and (4) || Article 10(3) and (4) 
 Article 10(1) to (5) || Article 11(1) to (5) 
 Article 10(6) || - 
 Article 11 || Article 12 
 Article 12 || Article 13 
 Article 13 || Article 14 
 Article 14 || Article 15 
 Article 15 || Article 16 
 Article 16 || Article 17 
 Article 17 || Article 18 
 Article 18 || Article 19 
 Article 19 || Article 20 
 Article 19a || - 
 Article 19a || Article 21 
 Article 20 || Article 22 
 Article 21 || Article 23 
 Article 22 || Article 24 
 Article 23 || Article 25 
 Article 23a || Article 26 
 Article 24 || Article 27 
 Article 25 || Article 28 
 Article 26 || Article 29 
 Article 26a || Article 30 
 Article 27 || Article 31 
 Article 28 || Article 32 
 Article 29 || Article 33 
 Article 30 || Article 34 
 Article 31 || Article 35 
 Article 32 || Article 36 
 Article 33 || Article 37 
 Article 33a || Article 38 
 Article 34 || Article 39 
 Article 35 || Article 40 
 Article 36 || Article 41 
 Article 37 || Article 42 
 Article 37a || Article 43 
 Article 38 || - 
 Article 39 || Article 44 
 Article 40 || Article 45 
 Annexes I to VIII || Annexes I to VIII 
 - || Annex IX 
 - || Annex X 
_____________
[1]               No logo is required for Norway and Iceland.
[2]               No logo is required for Norway and Iceland.
[3]               No logo is required for Norway and Iceland.
[4]               No logo is required for Norway and Iceland.
[5]               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 (OJ L 187, 10.7.2001, p. 45).
[6]               Regulation (EC) No 300/2008
of the European Parliament and of the Council of 11 March 2008 on common rules
in the field of civil aviation security and repealing Regulation (EC) No
2320/2002
(OJ L 97, 9.4.2008, p. 72).
[7]               Council Directive 98/41/EC of
18 June 1998 on the registration of persons sailing on board passenger ships
operating to or from ports of the Member States of the Community (OJ L 188,
2.7.1998, p. 35).