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Document 02016R0399-20240710
Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification)
Consolidated text: Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification)
Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification)
02016R0399 — EN — 10.07.2024 — 005.001
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REGULATION (EU) 2016/399 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 077 23.3.2016, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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REGULATION (EU) 2016/1624 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 September 2016 |
L 251 |
1 |
16.9.2016 |
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REGULATION (EU) 2017/458 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2017 |
L 74 |
1 |
18.3.2017 |
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REGULATION (EU) 2017/2225 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 November 2017 |
L 327 |
1 |
9.12.2017 |
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REGULATION (EU) 2019/817 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 2019 |
L 135 |
27 |
22.5.2019 |
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REGULATION (EU) 2021/1134 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 July 2021 |
L 248 |
11 |
13.7.2021 |
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REGULATION (EU) 2024/1717 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 |
L 1717 |
1 |
20.6.2024 |
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Corrected by:
REGULATION (EU) 2016/399 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 9 March 2016
on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code)
(codification)
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 Union.
It lays down rules governing border control of persons crossing the external borders of the Member States of the Union.
Article 2
Definitions
For the purposes of this Regulation the following definitions apply:
‘internal borders’ means:
the common land borders, including river and lake borders, of the Member States;
the airports of the Member States for internal flights;
sea, river and lake ports of the Member States for regular internal ferry connections;
‘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;
‘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;
‘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;
‘persons enjoying the right of free movement under Union law’ means:
Union citizens within the meaning of Article 20(1) TFEU, 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 ( 1 ) applies;
third-country nationals and their family members, whatever their nationality, who, under agreements between the Union and its Member States, on the one hand, and those third countries, on the other hand, enjoy rights of free movement equivalent to those of Union citizens;
‘third-country national’ means any person who is not a Union citizen within the meaning of Article 20(1) TFEU and who is not covered by point 5 of this Article;
‘persons for whom an alert has been issued for the purposes of refusing entry’ means any third-country national for whom an alert has been issued in the Schengen Information System (SIS) in accordance with and for the purposes laid down in Articles 24 and 26 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council ( 2 );
‘border crossing point’ means any crossing-point authorised by the competent authorities for the crossing of external borders;
‘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;
‘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;
‘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;
‘border surveillance’ means the surveillance of borders between border crossing points and the surveillance of border crossing points outside fixed opening hours, including preventative measures, to prevent or detect unauthorised border crossings or the circumvention of border checks, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally;
‘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);
‘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;
‘carrier’ means any natural or legal person whose profession it is to provide transport of persons;
‘residence permit’ means:
all residence permits issued by the Member States according to the uniform format laid down by Council Regulation (EC) No 1030/2002 ( 3 ) and residence cards issued in accordance with Directive 2004/38/EC;
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:
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
visas issued by the Member States in the uniform format laid down by Council Regulation (EC) No 1683/95 ( 4 );
‘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;
‘pleasure boating’ means the use of pleasure boats for sporting or tourism purposes;
‘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;
‘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 under the international law of the sea, and who returns regularly by sea or air to the territory of the Member States;
‘threat to public health’ means any disease with epidemic potential as defined by the International Health Regulations of the World Health Organization and other infectious diseases or contagious parasitic diseases if they are the subject of protection provisions applying to nationals of the Member States;
‘entry/exit System’ (EES) means the system established by Regulation (EU) 2017/2226 of the European Parliament and of the Council ( 5 );
‘self-service system’ means an automated system which performs all or some of the border checks that are applicable to a person and which may be used for pre-enrolling data in the EES;
‘e-gate’ means an infrastructure operated by electronic means where an external border or an internal border where controls have not yet been lifted is actually crossed;
‘automated border control system’ means a system which allows for an automated border crossing, and which is composed of a self-service system and an e-gate;
‘confirmation of the authenticity and integrity of the chip data’ means the process by which it is verified, through the use of certificates, that the data on the electronic storage medium (chip) originate from the issuing authority and that they have not been changed;
‘large-scale public health emergency’ means a public health emergency, that is recognised at Union level by the Commission, taking into account information from competent national authorities, where a serious cross-border threat to health could have large-scale repercussions on the exercise of the right to free movement;
‘essential travel’ means travel by a person who is exempted from restrictions on entry pursuant to Article 21a(4) or (5), in connection with an essential function or need, taking into account any applicable international obligations of the Union and of the Member States;
‘non-essential travel’ means travel other than essential travel;
‘transport hubs’ means airports, sea or river ports, train or bus stations and freight terminals.
Article 3
Scope
This Regulation shall apply to any person crossing the internal or external borders of Member States, without prejudice to:
the rights of persons enjoying the right of free movement under Union law;
the rights of refugees and persons requesting international protection, in particular as regards non-refoulement.
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’), 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.
TITLE II
EXTERNAL BORDERS
CHAPTER I
Crossing of external borders and conditions for entry
Article 5
Crossing of external borders
Member States shall notify the list of their border crossing points to the Commission in accordance with Article 39.
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:
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;
for individuals or groups of persons in the event of an unforeseen emergency situation;
in accordance with the specific rules set out in Articles 19 and 20 in conjunction with Annexes VI and VII.
Member States may, where a large number of migrants attempt to cross their external borders in an unauthorised manner, en masse and using force, take the necessary measures to preserve security, law and order.
Any measures pursuant to the first subparagraph of this paragraph and paragraph 3, second subparagraph of this Article, shall be implemented in a manner that is proportionate and that takes full account of the rights of:
persons enjoying the right of free movement under Union law;
third-country nationals who are long-term residents under Council Directive 2003/109/EC ( 7 ), persons deriving their right to reside from other instruments of Union or national law or who hold national long-stay visas, as well as their respective family members; and
third-country nationals seeking international protection.
Article 6
Entry conditions for third-country nationals
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:
they are in possession of a valid travel document entitling the holder to cross the border satisfying the following criteria:
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;
it shall have been issued within the previous 10 years;
they are in possession of a valid visa, if required pursuant to Council Regulation (EC) No 539/2001 ( 8 ), except where they hold a valid residence permit or a valid long-stay visa;
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;
they are not persons for whom an alert has been issued in the SIS for the purposes of refusing entry;
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;
they provide biometric data, if required for:
the creation of the individual file in the EES in accordance with Articles 16 and 17 of Regulation (EU) 2017/2226;
the carrying out of border checks in accordance with Article 8(3)(a)(i) and (g)(i) of this Regulation, Article 23(2) and (4) of Regulation (EU) 2017/2226 and, where applicable, Article 18 of Regulation (EC) No 767/2008 of the European Parliament and of the Council ( 9 ).
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.
By way of derogation from paragraph 1:
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;
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 ( 10 ).
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.
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 ( 11 ), shall be used;
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.
Article 6a
Third-country nationals for whom data are to be entered in the EES
On entry and exit, data on the following categories of persons shall be entered in the EES in accordance with Articles 16, 17, 19 and 20 of Regulation (EU) 2017/2226:
third-country nationals admitted for a short stay pursuant to Article 6(1) of this Regulation;
third-country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies and who do not hold a residence card pursuant to that Directive;
third-country nationals who:
are members of the family of a national of a third country enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other; and
do not hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002.
Data on the following categories of persons shall not be entered in the EES:
third-country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies and who hold a residence card pursuant to that Directive, whether or not they accompany or join that Union citizen;
third-country nationals who are members of the family of a national of a third country, whether or not they accompany or join that national of a third country, where:
that national of a third country enjoys the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other, and
those third-country nationals hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002;
holders of residence permits referred to in point 16 of Article 2 other than those covered by points (a) and (b) of this paragraph;
holders of long-stay visas;
nationals of Andorra, Monaco and San Marino and ►C1 holders of a passport issued by the Vatican City State or the Holy See; ◄
persons or categories of persons exempt from border checks or benefitting from specific rules in relation to border checks, namely:
Heads of State, Heads of Government and members of national government with accompanying spouses, and members of their official delegation, and sovereigns and other senior members of a royal family, in accordance with point 1 of Annex VII;
pilots of aircraft and other crew members in accordance with point 2 of Annex VII;
seamen in accordance with point 3 of Annex VII, and 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;
cross-border workers in accordance with point 5 of Annex VII;
rescue services, police, fire brigades acting in an emergency situation and border guards, in accordance with point 7 of Annex VII;
offshore workers in accordance with point 8 of Annex VII;
crew members and passengers of cruise ships in accordance with points 3.2.1, 3.2.2 and 3.2.3 of Annex VI;
persons on board a pleasure boat who are not subject to border checks in accordance with points 3.2.4, 3.2.5 and 3.2.6 of Annex VI;
persons who benefit from a derogation from the obligation to cross external borders only at border crossing points and during the fixed opening hours pursuant to Article 5(2);
persons who present a valid local border traffic permit for their border crossing in accordance with Regulation (EC) No 1931/2006 of the European Parliament and of the Council ( *3 );
members of the crew of passenger and goods trains on international connections;
persons who present for their border crossing:
a valid Facilitated Rail Transit Document issued in accordance with Council Regulation (EC) No 693/2003 ( *4 ); or
a valid Facilitated Transit Document issued in accordance with Regulation (EC) No 693/2003 provided that they transit by train and they do not disembark within the territory of a Member State.
CHAPTER II
Control of external borders and refusal of entry
Article 7
Conduct of border checks
Any measures taken in the performance of their duties shall be proportionate to the objectives pursued by such measures.
Article 8
Border checks on persons
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.
On entry and on exit, persons enjoying the right of free movement under Union law shall be subject to the following checks:
verification of the identity and the nationality of the person and of the authenticity and validity of the travel document for crossing the border, including by consulting the relevant databases, in particular:
the SIS;
Interpol’s Stolen and Lost Travel Documents (SLTD) database;
national databases containing information on stolen, misappropriated, lost and invalidated travel documents.
If the travel document contains an electronic storage medium (chip), the authenticity and integrity of the chip data shall be confirmed using the complete valid certificate chain, unless this is technically impossible or, in the case of a travel document issued by a third country, impossible due to the unavailability of valid certificates.
verification that a person enjoying the right of free movement under Union law is not considered to be a threat to the public policy, internal security, public health or international relations of any of the Member States, including by consulting the SIS and other relevant Union databases. This is without prejudice to the consultation of national and Interpol databases.
Where there are doubts as to the authenticity of the travel document or the identity of its holder, at least one of the biometric identifiers integrated into the passports and travel documents issued in accordance with Regulation (EC) No 2252/2004 shall be verified. Where possible, such verification shall also be carried out in relation to travel documents not covered by that Regulation.
For persons whose entry is subject to a registration in the EES pursuant to Article 6a of this Regulation, a verification of their identity in accordance with Article 23(2) of Regulation (EU) 2017/2226 and, where applicable, an identification in accordance with Article 23(4) of that Regulation shall be carried out.
Where the checks against the databases referred to in points (a) and (b) of paragraph 2 would have a disproportionate impact on the flow of traffic, a Member State may decide to carry out those checks on a targeted basis at specified border crossing points, following an assessment of the risks related to the public policy, internal security, public health or international relations of any of the Member States.
The scope and duration of the temporary reduction to targeted checks against the databases shall not exceed what is strictly necessary and shall be defined in accordance with a risk assessment carried out by the Member State concerned. The risk assessment shall state the reasons for the temporary reduction to targeted checks against the databases, take into account, inter alia, the disproportionate impact on the flow of traffic and provide statistics on passengers and incidents related to cross-border crime. It shall be updated regularly.
Persons who, in principle, are not subject to targeted checks against the databases, shall, as a minimum, be subject to a check with a view to establishing their identity on the basis of the production or presentation of travel documents. Such a check shall consist of a rapid and straightforward verification of the validity of the travel document for crossing the border, and of the presence of signs of falsification or counterfeiting, where appropriate by using technical devices, and, in cases where there are doubts about the travel document or where there are indications that such a person could represent a threat to the public policy, internal security, public health or international relations of the Member States, the border guard shall consult the databases referred to in points (a) and (b) of paragraph 2.
The Member State concerned shall transmit its risk assessment and updates thereto to the European Border and Coast Guard Agency (‘the Agency’), established by Regulation (EU) 2016/1624 of the European Parliament and of the Council ( 12 ), without delay and shall report every six months to the Commission and to the Agency on the application of the checks against the databases carried out on a targeted basis. The Member State concerned may decide to classify the risk assessment or parts thereof.
Where a Member State intends to carry out targeted checks against the databases pursuant to paragraph 2a, it shall notify the other Member States, the Agency and the Commission accordingly without delay. The Member State concerned may decide to classify the notification or parts thereof.
Where the Member States, the Agency or the Commission have concerns about the intention to carry out targeted checks against the databases, they shall notify the Member State in question of those concerns without delay. The Member State in question shall take those concerns into account.
With regard to air borders, paragraphs 2a and 2b shall apply for a maximum transitional period of six months from 7 April 2017.
In exceptional cases, where, at a particular airport, there are specific infrastructural difficulties requiring a longer period of time for adaptations in order to allow for the carrying-out of systematic checks against the databases without having a disproportionate impact on the flow of traffic, the six-month transitional period referred to in the first subparagraph may be prolonged for that particular airport by a maximum of 18 months in accordance with the procedure specified in the third subparagraph.
For that purpose, the Member State shall, at the latest three months before the expiry of the transitional period referred to in the first subparagraph, notify the Commission, the Agency and the other Member States of the specific infrastructural difficulties in the airport concerned, the envisaged measures to remedy them and the required period of time for their implementation.
Where specific infrastructural difficulties requiring a longer period for adaptations exist, the Commission, within one month of receipt of the notification referred to in the third subparagraph and after consulting the Agency, shall authorise the Member State concerned to prolong the transitional period for the airport concerned and, where relevant, shall set the length of such prolongation.
The checks against the databases referred to in points (a) and (b) of paragraph 2 may be carried out in advance on the basis of passenger data received in accordance with Council Directive 2004/82/EC ( 13 ) or in accordance with other Union or national law.
Where those checks are carried out in advance on the basis of such passenger data, the data received in advance shall be checked at the border crossing point against the data in the travel document. The identity and the nationality of the person concerned, as well as the authenticity and the validity of the travel document for crossing the border, shall also be verified.
On entry and exit, third-country nationals shall be subject to thorough checks as follows:
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:
verification of the identity and the nationality of the third-country national and of the authenticity and validity of the travel document for crossing the border, including by consulting the relevant databases, in particular:
the SIS;
Interpol’s SLTD database;
national databases containing information on stolen, misappropriated, lost and invalidated travel documents.
For passports and travel documents containing an electronic storage medium (chip), the authenticity and integrity of the chip data shall be checked, subject to the availability of valid certificates.
With the exception of third-country nationals for whom an individual file is already registered in the EES, where the travel document contains a facial image recorded in the electronic storage medium (chip) and that facial image can be technically accessed, this verification shall include the verification of that facial image, by comparing electronically that facial image with the live facial image of the third-country national concerned. If technically and legally possible, this verification may be done by verifying the live fingerprints against the fingerprints recorded in the electronic storage medium (chip);
verification that the travel document is accompanied, where applicable, by the requisite visa or residence permit;
for persons whose entry or whose refusal of entry is subject to a registration in the EES pursuant to Article 6a of this Regulation, a verification of their identity in accordance with Article 23(2) of Regulation (EU) 2017/2226 and, where applicable, an identification in accordance with Article 23(4) of that Regulation;
for persons whose entry or whose refusal of entry is subject to a registration in the EES pursuant to Article 6a of this Regulation, verification that the third-country national has not reached or exceeded the maximum duration of authorised stay on the territory of the Member States and, for third-country nationals holding a visa issued for one or two entries, verification that they have respected the number of the maximum authorised entries, by consulting the EES in accordance with Article 23 of Regulation (EU) 2017/2226;
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;
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;
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 other relevant Union databases, and the action to be performed, if any, as a result of an alert. This is without prejudice to the consultation of national and Interpol databases;
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;
if the third-country national holds a long-stay visa or a residence permit, the thorough checks on entry shall comprise verification of the identity of the holder of the long-stay visa or residence permit and the authenticity and validity of the long-stay visa or residence permit by consulting the VIS in accordance with Article 22g of Regulation (EC) No 767/2008.
In circumstances where verification of the identity of the holder of the long-stay visa or residence permit or of the authenticity and validity of the long-stay visa or residence permit, fails or where there are doubts as to the identity of the holder, the authenticity of the long-stay visa or residence permit or the travel document, the duly authorised staff of those competent authorities shall proceed to a verification of the document chip;
▼M5 —————
thorough checks on exit shall comprise:
verification of the identity and the nationality of the third-country national and of the authenticity and validity of the travel document for crossing the border, including by consulting the relevant databases, in particular:
the SIS;
Interpol’s SLTD database;
national databases containing information on stolen, misappropriated, lost and invalidated travel documents.
For passports and travel documents containing an electronic storage medium (chip), the authenticity and integrity of the chip data shall be checked, subject to the availability of valid certificates.
With the exception of third-country nationals for whom an individual file is already registered in the EES, where the travel document contains a facial image recorded in the electronic storage medium (chip) and that facial image can be technically accessed, this verification shall include the verification of that facial image, by comparing electronically that facial image with the live facial image of the concerned third-country national. If technically and legally possible, this verification may be done by verifying the live fingerprints against the fingerprints recorded in the electronic storage medium (chip);
verification that the third-country national concerned is not considered to be a threat to the public policy, internal security, public health or international relations of any of the Member States, including by consulting the SIS and other relevant Union databases. This is without prejudice to the consultation of national and Interpol databases;
for persons whose exit is subject to a registration in the EES pursuant to Article 6a of this Regulation, a verification of their identity in accordance with Article 23(2) of Regulation (EU) 2017/2226 and, where applicable, an identification in accordance with Article 23(4) of that Regulation;
for persons whose exit is subject to a registration in the EES pursuant to Article 6a of this Regulation, verification that the third-country national has not exceeded the maximum duration of authorised stay on the territory of the Member States, by consulting the EES in accordance with Article 23(3) of Regulation (EU) 2017/2226;
in addition to the checks referred to in point (g) thorough checks on exit may also comprise:
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; such verification may comprise consultation of the VIS in accordance with Article 18 of Regulation (EC) No 767/2008;
▼M3 —————
▼M2 —————
for the purpose of the identification of any person who does not fulfil, or who no longer fulfils, 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 and the EES may be consulted in accordance with Article 27 of Regulation (EU) 2017/2226;
the checks against the databases referred to in point (a)(i) and (vi) and point (g) may be carried out in advance on the basis of passenger data received in accordance with Directive 2004/82/EC or with other Union or national law.
Where those checks are carried out in advance on the basis of such passenger data, the data received in advance shall be checked at the border crossing point against the data in the travel document. The identity and the nationality of the person concerned, as well as the authenticity and validity of the travel document for crossing the border, shall also be verified;
where there are doubts as to the authenticity of the travel document or the identity of the third-country national, the checks, where possible, shall include the verification of at least one of the biometric identifiers integrated into the travel documents.
In accordance with Article 69(1) of Regulation (EU) 2019/817, this paragraph shall apply as from the start of operations of the multiple-identity detector under Article 72(4) of that Regulation.
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.
Article 8a
Use of self-service systems for pre-enrolling data in the EES
Persons whose border crossing is subject to a registration in the EES in accordance with Article 6a may use self-service systems for the purpose of pre-enrolling in the EES the data referred in point (a) of paragraph 4 of this Article, provided that all of the following conditions are fulfilled:
the travel document contains an electronic storage medium (chip) and the authenticity and integrity of the chip data are confirmed using the complete valid certificate chain;
the travel document contains a facial image recorded in the electronic storage medium (chip) which can be technically accessed by the self-service system so as to verify the identity of the holder of the travel document by comparing the facial image recorded in the electronic storage medium (chip) with his or her live facial image; if technically and legally possible, this verification may be done by verifying the live fingerprints against the fingerprints recorded in the electronic storage medium (chip) of the travel document.
In addition, in accordance with Articles 23(4) of the Regulation (EU) 2017/2226, where an identification in the EES is carried out:
for third-country nationals who are subject to a visa requirement to cross the external borders, if the search in the VIS with the data referred to in Article 18(1) of Regulation (EC) No 767/2008 indicates that the person is recorded in the VIS, a verification of fingerprints against the VIS data shall be carried out in accordance with Article 18(6) of Regulation (EC) No 767/2008. Where a verification of the person pursuant to paragraph 2 of this Article has failed, the VIS data shall be accessed for identification in accordance with Article 20 of Regulation (EC) No 767/2008;
for third-country nationals who are not subject to a visa requirement to cross the external borders and who are not found in the EES further to the identification run in accordance with Article 27 of Regulation (EU) 2017/2226, the VIS shall be consulted in accordance with Article 19a of Regulation (EC) No 767/2008.
In the event that data concerning the person referred to in paragraph 1 of this Article are not recorded in the EES pursuant to paragraphs 2 and 3:
third-country nationals who are subject to a visa requirement to cross the external borders shall pre-enrol in the EES through the self-service system the data listed under Article 16(1) and Article 16(2)(c) to (f) of Regulation (EU) 2017/2226 and, where relevant, the data referred to under Article 16(6) of that Regulation, and third-country nationals who are not subject to a visa requirement to cross the external borders shall pre-enrol in the EES through the self-service system the data listed under Articles 17(1)(a), (b) and (c) and 16(2)(c) of that Regulation and, where relevant, the data referred to in Article 17(1)(d) of that Regulation;
subsequently, the person shall be referred to a border guard who shall:
pre-enrol the data concerned, where it was not possible to collect all the required data through the self-service system;
verify:
when the decision to authorise or refuse entry has been taken, confirm the data referred to in point (a) of this paragraph and enter in the EES the data referred to in Articles 16(2)(a) and (b) and 18(6)(a), (b), (c) and (d) of Regulation (EU) 2017/2226.
Where the assessment referred to in paragraph 5 reveals that the person referred to in paragraph 1 has an individual file registered in the EES but that his or her data need to be updated, the person shall:
update the data in the EES by pre-enrolling them through the self-service system;
be referred to a border guard who shall verify the correctness of the update under point (a) of this paragraph and, when the decision to authorise or refuse entry has been taken, update the individual file in accordance with Article 14(2) of Regulation (EU) 2017/2226.
Article 8b
Use of self-service systems and e-gates for the border crossing by persons whose border crossing is subject to a registration in the EES
Persons whose border crossing is subject to a registration in the EES in accordance with Article 6a may be permitted to use a self-service system for the carrying out of their border checks, where all of the following conditions are fulfilled:
the travel document contains an electronic storage medium (chip) and the authenticity and integrity of the chip data are confirmed using the complete valid certificate chain;
the travel document contains a facial image recorded in the electronic storage medium (chip) which can be technically accessed by the self-service system so as to verify the identity of the holder of the travel document, by comparing that facial image with his or her live facial image; and
the person is already enrolled or pre-enrolled in the EES.
Where a person is granted access to a national facilitation programme established by a Member State pursuant to Article 8d, the border checks carried out through a self-service system on entry may omit the examination of the aspects referred to in Article 8(3)(a)(iv) and (v) when that person crosses the external borders of that Member State or the external borders of a Member State which has concluded an agreement with the Member State which granted the access as referred to under Article 8d(9).
The person in question shall be referred to a border guard pursuant to paragraph 3 in any of the following situations:
where one or more of the conditions listed under paragraph 1 are not fulfilled;
where the checks on entry or exit provided for in paragraph 2 reveal that one or several of the entry or exit conditions are not met;
where the results of the checks on entry or exit provided for in paragraph 2 put into question the identity of the person or when they reveal that the person is considered to be a threat to the internal security, public policy or international relations of any Member State or to public health;
in the case of doubt;
where no e-gates are available.
Article 8c
Standards for automated border control systems
Automated border control systems shall, to the extent possible, be designed in such a way that they can be used by all persons, with the exception of children under 12 years of age. They shall also be designed in a way that fully respects human dignity, in particular in cases involving vulnerable persons. Where Member States decide to use automated border control systems, they shall ensure the presence of a sufficient number of staff to assist persons with the use of such systems.
Article 8d
National facilitation programmes
Such third-country nationals shall be pre-vetted by border guards, by visa authorities as defined in point 3 of Article 4 of Regulation (EC) No 767/2008 or by immigration authorities as defined in point (4) of Article 3(1) of Regulation (EU) 2017/2226.
The authorities referred to in paragraph 3 shall only grant a person access to the national facilitation programme where all of the following conditions are fulfilled:
the applicant fulfils the entry conditions set out in Article 6(1);
the applicant’s travel document and, where applicable, visa, long-stay visa or residence permit are valid and not false, counterfeit or forged;
the applicant proves the need for frequent or regular travel or justifies his or her intention to travel frequently or regularly;
the applicant proves his or her integrity and reliability, in particular, where applicable, the lawful use of previous visas or visas with limited territorial validity, his or her economic situation in the country of origin and his or her genuine intention to leave the territory of the Member States before the end of the authorised period of stay. In accordance with Article 25 of Regulation (EU) 2017/2226, the authorities referred to in paragraph 3 of this Article shall have access to the EES to verify that the applicant has not previously exceeded the maximum duration of authorised stay on the territory of the Member States;
the applicant justifies the purpose and conditions of the intended stays;
the applicant possesses sufficient means of subsistence both for the duration of the intended stays and for the return to the country of origin or residence, or that the applicant is in a position to acquire such means lawfully;
the SIS is consulted.
In the case of an extension the Member State shall reassess every year the situation of each third-country national who is granted access to the national facilitation programme in order to ensure that, based on updated information, that third-country national still meets the conditions laid down in paragraph 4. This reassessment may be performed when border checks are carried out.
Border guards may carry out the verification of the third-country national benefiting from the national facilitation programme on entry pursuant to Articles 8(3)(a) and (b) and on exit pursuant to Article 8(3)(g) without comparing biometrics electronically but by comparing the facial image taken from the electronic storage medium (chip) and the facial image in the third-country national's individual EES file with that third-country national’s face. Full verification shall be carried out at random and on the basis of a risk analysis.
The means of subsistence for the intended stays shall be assessed according to the duration and the purpose of the envisaged stay or stays and by reference to average prices in the Member States concerned for board and lodging in budget accommodation, on the basis of the reference amounts set by the Member States in accordance with Article 39(1)(c). Proof of sponsorship, private accommodation, or both, may also constitute evidence of sufficient means of subsistence.
The examination of an application shall be based, in particular, on the authenticity and reliability of the documents submitted and on the veracity and reliability of the statements made by the applicant. If a Member State responsible for examining an application has any doubts about the applicant, the applicant’s statements or supporting documents that have been provided, it may consult other Member States before any decision on the application is taken.
Article 9
Relaxation of border checks
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.
Where it is technically impossible to enter data in the Central System of the EES or in the event of the failure of the Central System of the EES, all of the following provisions shall apply:
by way of derogation from Article 6a of this Regulation, the data referred to in Articles 16 to 20 of Regulation (EU) 2017/2226 shall be temporarily stored in the National Uniform Interface as defined in Article 7 of that Regulation. Where this is not possible, the data shall be temporarily stored locally in an electronic format. In both cases, the data shall be entered in the Central System of the EES as soon as the technical impossibility or failure has been remedied. The Member States shall take the appropriate measures and deploy the required infrastructure, equipment and resources to ensure that such temporary local storage may be carried out at any time and for any of their border crossing points.
Without prejudice to the obligation to carry out border checks under this Regulation, in the exceptional situation that it is technically impossible to enter data in the Central System of the EES and in the National Uniform Interface, and it is technically impossible to temporarily store the data locally in an electronic format, the border guard shall manually store entry/exit data in accordance with Articles 16 to 20 of Regulation (EU) 2017/2226, with the exception of biometric data, and shall affix an entry or exit stamp in the travel document of the third-country national. That data shall be entered in the Central System of the EES as soon as technically possible.
Member States shall inform the Commission, in accordance with Article 21(2) of Regulation (EU) 2017/2226, of the stamping of travel documents in the event of the exceptional situations referred to in the second subparagraph of this point;
by way of derogation from Article 8(3)(a)(iii) and (g)(iv) of this Regulation, for nationals of third countries holding a visa as referred to in Article 6(1)(b), where technically possible, the verification of the identity of the holder of the visa shall be carried out by consulting directly the VIS in accordance with Article 18 of Regulation (EC) No 767/2008.
Article 10
Separate lanes and information on signs
Member States may provide separate lanes at their sea and land border crossing points and at borders between Member States which do 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.
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 shown in Part B1 (‘visa not required’) of Annex III to this Regulation. They may also use the lanes indicated by the sign shown in Part B2 (‘all passports’) of Annex III to this Regulation.
All other persons shall use the lanes indicated by the sign shown 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 shown 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.
Member States may vary the indications on those signs where appropriate in the light of local circumstances.
Article 11
Stamping of travel documents
Article 12
Presumption as regards fulfilment of conditions of duration of short stay
In the case of a rebuttal, the competent authorities shall create an individual file in the EES if necessary or indicate in the EES the date on which, and the place where, the third-country national crossed the external border of one of the Member States or the internal border of a Member State not yet fully applying the Schengen acquis but operating the EES in accordance with Article 20 of Regulation (EU) 2017/2226.
A third-country national enjoying the right of free movement under Union law may only be returned in accordance with Directive 2004/38/EC.
Article 12a
Transitional period and transitional measures
Article 13
Border surveillance
Article 14
Refusal of entry
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.
Data on third-country nationals whose entry for a short stay has been refused shall be registered in the EES in accordance with Article 6a(2) of this Regulation and Article 18 of Regulation (EU) 2017/2226.
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 the correction of the data entered in the EES or of the cancelled entry stamp, or both, and any other cancellations or additions which have been made, by the Member State which refused entry.
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
When carrying out that border control, the powers to instigate criminal proceedings conferred on border guards by national law and falling outside the scope of this Regulation shall remain unaffected.
Member States shall ensure that the border guards are specialised and properly trained professionals, 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 (‘the Agency’) 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.
Article 17
Cooperation between Member States
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.
Article 18
Joint control
To that end, Member States may conclude bilateral arrangements between themselves.
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.
Those specific rules may contain derogations from Articles 5 and 6 and Articles 8 to 14.
Article 20
Specific rules for checks on certain categories of persons
The specific rules set out in Annex VII shall apply to checks on the following categories of persons:
Heads of State, Heads of Government and members of national government with accompanying spouses, and members of their official delegation, and sovereigns and other senior members of a royal family;
pilots of aircraft and other crew members;
seamen;
holders of diplomatic, official or service passports and members of international organisations;
cross-border workers;
minors;
rescue services, police and fire brigades and border guards;
offshore workers.
Those specific rules may contain derogations from Articles 5 and 6 and Articles 8 to 14.
CHAPTER V
Specific measures relating to the external borders
Article 21
Measures at external borders and support by the Agency
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:
initiating the deployment of European border guard teams in accordance with Regulation (EC) No 2007/2004;
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).
It shall also inform the European Parliament and the Council.
Article 21a
Temporary restrictions on travel to the Union
Temporary restrictions on travel may include temporary restrictions on entry to the Member States and temporary health-related restrictions that are necessary for the protection of public health in the area without internal border control. Those temporary health-related restrictions may include testing, quarantine and self-isolation.
Temporary restrictions on travel to the Union shall be proportionate and non-discriminatory. Where a Member State adopts stricter restrictions than those laid down in the implementing act, those restrictions shall not have a negative impact on the functioning of the area without internal border control. Temporary health-related restrictions on persons enjoying the right of free movement under Union law shall comply with Directive 2004/38/EC at all times.
The following categories of persons shall be exempted from the restrictions on entry, independent of the purpose of their travel:
persons enjoying the right of free movement under Union law;
third-country nationals who are long-term residents under Directive 2003/109/EC, persons deriving their right to reside from other instruments of Union law or national law, including beneficiaries of international protection or persons who hold national long-stay visas, as well as their respective family members.
The implementing Regulation referred to in paragraph 2 shall, where appropriate:
identify, where required by the nature of the large-scale public health emergency, the categories of persons undertaking essential travel listed in Annex XI, part B, to be exempted from restrictions on entry;
determine any geographical areas or third countries from which travel may be subject to restrictions or exemptions from restrictions, and establish a procedure for the periodic review of the situation of such areas or countries and of the restrictions on travel imposed on the basis of objective methodology and objective criteria, including, in particular, the epidemiological situation;
lay down the conditions under which non-essential travel may be restricted or exempted from restrictions, including proof to be presented to support the exemption and the conditions relating to the duration and nature of stay in the areas or countries referred to in point (b);
refer to minimum temporary health-related restrictions to which persons referred to in paragraph 3, points (a) and (b), may be subject;
by way of derogation from paragraphs 4 and 5 lay down the conditions under which travel restrictions may be imposed on persons undertaking essential travel;
TITLE III
INTERNAL BORDERS
CHAPTER I
Absence 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 absence of border control at internal borders shall not affect:
the exercise of police or other public powers by the competent authorities of the Member States in their territory, including in their internal border areas, as conferred on them by national law, insofar as the exercise of those powers does not have an effect equivalent to border checks. The exercise of such powers may include, where appropriate, the use of monitoring and surveillance technologies generally used in the territory for the purposes of addressing threats to public security or public policy. The exercise by competent authorities of their powers shall not, in particular, be considered equivalent to the exercise of border checks when the measures fulfil each of the following conditions:
do not have border control as an objective;
are based on general police information or, where the aim is to contain the spread of an infectious disease, on public health information, and the experience of the competent authorities regarding possible threats to public security or public policy and aim, in particular, to:
are devised and executed in a manner that is clearly distinct from systematic checks on persons at the external borders, including where they are conducted at transport hubs or directly on board of passenger transport services and provided that they are based on a risk assessment;
the possibility for the competent authorities of a Member State or for carriers to carry out security checks on persons at transport hubs in accordance with national law, provided that such checks are also carried out on persons travelling within a Member State;
the possibility for a Member State to provide by law for an obligation to hold or carry papers and documents;
the possibility for a Member State to provide by law for an obligation for third-country nationals to report their presence on its territory and an obligation for managers of establishments providing accommodation to ensure that third-country nationals complete and sign registration forms, with the exception of accompanying spouses or accompanying minors or members of travel groups, pursuant to the provisions of Articles 22 and 45, respectively, 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 (‘the Schengen Convention’).
Article 23a
Procedure for transferring persons apprehended in internal border areas
Without prejudice to Article 22, this Article lays down the procedure for the transfer of a third-country national apprehended in border areas as referred to in Article 23, in circumstances where the following conditions are fulfilled:
the third-country national is apprehended during checks involving the competent authorities of both Member States within the framework of bilateral cooperation, which may include, in particular, joint police patrols, provided that the Member States have agreed to use such a procedure within that bilateral cooperation framework; and
there are clear indications that the third-country national has arrived directly from the other Member State, and it is established that the third-country national has no right to stay on the territory of the Member State in which he or she has arrived, on the basis of information immediately available to the apprehending authorities, including statements from the person concerned, identity, travel or other documents found on that person or the results of searches carried out in relevant national and Union databases.
The procedure laid down in paragraphs 1 and 2 shall not apply to applicants, as defined in Article 3, point (13) of Regulation (EU) 2024/1348 of the European Parliament and of the Council ( 17 ) or to beneficiaries of international protection, as defined in Article 3, point (4) of Regulation (EU) 2024/1347 of the European Parliament and of the Council ( 18 ).
When transferring a third-country national who the transferring Member State presumes to be a minor, that transferring Member State shall inform the receiving Member State of that presumption and both Member States shall ensure that all measures are taken in the best interests of the child and in accordance with their respective national laws.
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 based exclusively on road-safety considerations or required for the use of the technologies referred to in Article 23, point (a).
At the same time, Member States shall be prepared to provide for facilities for checks in the event that internal border controls are reintroduced.
CHAPTER II
Temporary reintroduction of border control at internal borders
Article 25
General framework for the temporary reintroduction or prolongation of border control at internal borders
A serious threat to public policy or internal security may, in particular, be considered to arise from:
terrorist incidents or threats, and threats posed by serious organised crime;
large-scale public health emergencies;
an exceptional situation characterised by sudden large-scale unauthorised movements of third-country nationals between the Member States, putting a substantial strain on the overall resources and capacities of well-prepared competent authorities and which is likely to put at risk the overall functioning of the area without internal border control, as evidenced by information analysis and all available data, including from relevant Union agencies;
large scale or high profile international events;
Border control may only be reintroduced or prolonged pursuant to Articles 25a and 28 where a Member State has established that such a measure is necessary and proportionate, taking into account the criteria referred to in Article 26(1), and, where such control is prolonged, also taking into account the risk assessment referred to in Article 26(2). Border control may also be reintroduced in accordance with Article 29, taking into account the criteria referred to in Article 30.
The same serious threat shall be considered to persist where the justification put forward by the Member State for prolonging border control is based on the same grounds as those that justified the initial reintroduction of the border control.
Article 25a
Procedure for cases requiring action due to unforeseeable or foreseeable events
Where a Member State considers that there is a major exceptional situation with regard to a persisting serious threat justifying the continued need for border control at internal borders in excess of the maximum period referred to in paragraph 5 of this Article it shall notify the European Parliament, the Council and the Commission and the other Member States of its intention to prolong internal border control for an additional period of up to 6 months. That notification shall be made at the latest 4 weeks before the planned prolongation and, taking into account the opinion of the Commission issued pursuant to Article 27a(3), shall include a risk assessment in accordance with Article 26(2):
substantiating the continued threat to public policy or internal security;
substantiating that alternative measures to remedy the threat are deemed or have been found to be ineffective at the time of the notification;
presenting the mitigating measures considered to accompany the border control at internal borders;
including, where appropriate, a presentation of the means, actions, conditions and timeline considered with a view to lifting the border control at internal borders.
Within 3 months after the notification referred to in the first subparagraph, the Commission shall issue a new opinion on the necessity and proportionality of the prolongation of border control at internal borders. Following the receipt of that notification, the Commission may, on its own initiative, or shall, at the request of the Member State directly affected, start a consultation process, in accordance with Article 27a(1).
Where, in a major exceptional situation, the continued need for border control at internal borders is confirmed as a result of the procedure referred to in this paragraph, but the additional period of 6 months referred in the first subparagraph is not sufficient to ensure the availability of effective alternative measures to address the persisting threat, a Member State may decide to prolong border control at internal borders for a further and final additional period of up to 6 months, in line with the risk assessment as referred to in the second subparagraph. Where a Member State decides to do so, it shall notify the Commission without delay of its intention to prolong its border control at internal borders. The Commission shall adopt without delay a recommendation on the compatibility of such a final prolongation with the Treaties, in particular with the principles of necessity and proportionality. That recommendation shall also identify, where appropriate with other Member States, the effective compensatory measures to be implemented.
Article 26
Criteria for the temporary reintroduction and prolongation of border control at internal borders
To establish whether the reintroduction of border control at internal borders is necessary and proportionate in accordance with Article 25(2), a Member State shall in particular assess:
the appropriateness of the measure of reintroducing border control at internal border, having regard to the nature of the serious threat identified and in particular, whether the reintroduction of border control at internal borders is likely to adequately remedy the threat to public policy or internal security and whether the objectives pursued by such reintroduction could be attained by:
the use of alternative measures such as proportionate checks carried out in the context of checks within the territory as referred to in Article 23, point (a);
the use of the procedure laid down in Article 23a;
other forms of police cooperation provided for under Union law;
common measures regarding temporary restrictions on travel to the Member States as referred to in Article 21a(2);
the likely impact of such a measure on:
the movement of persons within the area without internal border control; and
the functioning of the cross-border regions, taking into account the strong social and economic ties between them.
Article 27
Notification of temporary reintroduction or prolongation of border control at internal borders and risk assessment
Notifications by Member States of the reintroduction or prolongation of border control at internal borders shall contain the following information:
the reasons for the reintroduction or prolongation, including all relevant data detailing the events that constitute a serious threat to its public policy or internal security;
the scope of the proposed reintroduction or prolongation, specifying at which part or parts of the internal borders border control is to be reintroduced or prolonged;
the names of the authorised crossing-points;
the date and duration of the planned reintroduction or prolongation;
the assessment of the necessity and proportionality referred to in Article 26(1) and, in the case of a prolongation, in Article 26(2);
where appropriate, the measures to be taken by other Member States.
A notification may be submitted jointly by two or more Member States.
Member States shall submit the notification using the template to be established by the Commission pursuant to paragraph 6.
Article 27a
Consultation with the Member States and opinion of the Commission
The objective of the consultation shall be to examine in particular the threat to public policy or internal security, the necessity and proportionality of the intended reintroduction of border control, at the internal borders taking into account the appropriateness of alternative measures, and, if border control has already been reintroduced, the impact thereof, as well as the ways of ensuring implementation of the mutual cooperation between the Member States in relation to the reintroduction of border control at internal borders.
The Member State planning to reintroduce or prolong border control at internal borders shall take into account the results of such consultation when deciding whether to reintroduce or prolong border control at internal borders and when carrying out border control at the internal border.
The opinion of the Commission shall include at least:
an assessment of whether the reintroduction or prolongation of border control at internal borders complies with the principles of necessity and proportionality;
an assessment of whether alternative measures to remedy the serious threat were sufficiently explored;
Where the reintroduction of border control at internal borders is assessed and is considered to respect the principles of necessity and proportionality, the opinion shall contain recommendations, where appropriate, on the improvement of the cooperation between Member States in order to limit the impact of border control at internal borders and contribute to the reduction of the persisting threat.
Article 28
Specific mechanism where a large-scale public health emergency puts at risk the overall functioning of the area without internal border control
Article 29
Specific procedure where exceptional circumstances put the overall functioning of the area without internal border control at risk
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.
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.
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
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:
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 ( 20 ) 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;
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;
the likely impact of the reintroduction of border control on the free movement of persons within the area without internal border control.
Before adopting a proposal for a Council recommendation, in accordance with Article 29(2), the Commission may:
request Member States, the Agency, Europol or other Union bodies, offices or agencies to provide it with further information;
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 Article 21 and Articles 25 to 30.
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.
Article 33
Report on the reintroduction of border control at internal borders
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.
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
Article 36
Amendments to the Annexes
Article 37
Exercise of the delegation
Article 37a
Urgency procedure
Article 38
Committee procedure
Article 39
Notifications
Member States shall notify the Commission of:
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;
the list of their border crossing points;
the reference amounts required for the crossing of their external borders fixed annually by the national authorities;
the list of national services responsible for border control;
the specimen of model cards issued by Foreign Ministries;
the exceptions to the rules regarding the crossing of the external borders referred to in Article 5(2)(a);
the statistics referred to in Article 11(3);
the areas considered as cross-border regions and any relevant changes thereto.
Article 40
Local border traffic
This Regulation shall be without prejudice to Union 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 ( 21 ).
Article 42
Notification of information by the Member States
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.
The information notified by the Member States shall be published in the Official Journal of the European Union, C Series.
Article 42a
Transitional measures for the Member States not yet operating the EES
The travel documents of third-country nationals referred to in Article 6a(1)(b) and (c) of this Regulation crossing the borders of the Member States referred to in Article 66(3) of Regulation (EU) 2017/2226 shall be stamped on entry and exit.
These stamping obligations shall also apply when border checks are relaxed in accordance with Article 9 of this Regulation.
Article 42b
Notification of cross-border regions
By 11 January 2025, all Member States with common internal borders shall, in close cooperation, determine the areas of their territory considered as cross-border regions, taking into account the strong social and economic ties between them, and notify the Commission thereof.
Member States shall also inform the Commission of any relevant changes thereto.
Article 43
Evaluation mechanism
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.
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.
Article 44
Repeal
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.
Article 45
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
ANNEX I
Supporting documents to verify the fulfilment of entry conditions
The documentary evidence referred to in Article 6(3) may include the following:
for business trips:
an invitation from a firm or an authority to attend meetings, conferences or events connected with trade, industry or work;
other documents which show the existence of trade relations or relations for work purposes;
entry tickets for fairs and congresses if attending one;
for journeys undertaken for the purposes of study or other types of training:
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;
student cards or certificates for the courses attended;
for journeys undertaken for the purposes of tourism or for private reasons:
supporting documents as regards lodging:
supporting documents as regards the itinerary:
supporting documents as regards return:
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:
the names of the border guard responsible locally for border checks and of the other officers in each team;
relaxation of checks on persons applied in accordance with Article 9;
the issuing, at the border, of documents in place of passports and of visas;
persons apprehended and complaints (criminal offences and administrative breaches);
persons refused entry in accordance with Article 14 (grounds for refusal and nationalities);
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;
complaints from persons subject to checks;
other particularly important police or judicial measures;
particular occurrences.
ANNEX III
Model signs indicating lanes at border crossing points
PART A
( 22 )
PART B1: ‘visa not required’;
PART B2: ‘all passports’.
PART C
PART D
Part D1: Automated border control lanes for EU/EEA/CH citizens
Stars are not required for Switzerland, Liechtenstein, Norway and Iceland
Part D2: Automated border control lanes for third-country nationals
Part D3: Automated border control lanes for all passports
Part E: Lanes for Registered Travelers
ANNEX IV
Affixing stamps
1. The travel document of a third-country national who is a holder of a Facilitated Rail Transit Document issued in accordance with Regulation (EC) No 693/2003 shall be stamped on entry and exit. The travel document of a third-country national who is a holder of a valid Facilitated Transit Document issued in accordance with Regulation (EC) No 693/2003 and who performs his or her transit by train and does not disembark within the territory of a Member State shall also be stamped on entry and exit. Moreover, where provided expressly by its national law, a Member State may stamp on entry and exit the travel document of a third-country national holding a residence permit or a long-stay visa issued by that same Member State in accordance with Article 11 of this Regulation.
The travel documents of a third-country national entering or exiting, on the basis of a national short-stay visa issued for one or two entries, the territory of a Member State not yet fully applying the Schengen acquis but operating the EES shall be stamped on entry and on exit.
1a. 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.
2a. On the entry and exit of third-country nationals subject to the visa obligation and to the stamping obligation, the stamp shall be affixed on the page facing the one on which the visa is affixed. However, if that page cannot be used, the stamp shall be entered on the following page. The machine readable zone shall not be stamped.
▼M3 —————
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:
the border crossing point to which a given stamp is assigned;
the identity of the border guard to whom a given stamp is assigned at any given time;
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:
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’;
for third-country nationals whose entry for a short stay has been refused, register in the EES the data on refusal of entry in accordance with Article 6a(2) of this Regulation and Article 18 of Regulation (EU) 2017/2226;
annul or revoke the visas, as appropriate, in accordance with the conditions laid down in Article 34 of Regulation (EC) No 810/2009;
for third-country nationals whose refusals of entry are not to be registered into the EES, 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 standard form for refusing entry as shown in Part B of this Annex. In addition, for these categories of persons, the border guard shall 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.
The practical arrangements for stamping are set out in Annex IV.
2. If a third-country national who has been refused entry is brought to the border by a carrier, the authority responsible locally shall:
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 ( 23 );
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
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
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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. |
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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. |
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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. |
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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 this 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. |
1.2. Checks on rail traffic
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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:
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in the first station of arrival or last station of departure on the territory of a Member State;
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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;
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in the last station of departure or the first station of arrival on the territory of a third country.
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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:
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in the stations in a third country where persons board the train;
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in the stations where persons disembark within the territory of the Member States;
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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.
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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. |
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1.2.4. |
When travelling in the opposite direction, the persons on board the train shall be subject to exit checks under similar arrangements. |
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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. |
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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:
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;
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:
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;
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;
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 ( 24 ). 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
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:
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.
3.2. Specific check procedures for certain types of shipping
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.
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.
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.
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:
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 point 3.1.2.
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;
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 point 3.1.2. 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;
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;
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;
where a cruise ship departs from a port situated in a Member State to such a port, no exit checks shall be carried out.
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.
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.
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.
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:
where possible, Member States shall provide separate lanes, in accordance with Article 10;
checks on foot passengers shall be carried out individually;
checks on vehicle occupants shall be carried out while they are at the vehicle;
ferry passengers travelling by coach shall be considered as foot passengers. Those passengers shall alight from the coach for the checks;
checks on drivers of heavy goods vehicles and any accompanying persons shall be conducted while the occupants are at the vehicle. Those checks will in principle be organised separately from checks on the other passengers;
to ensure that checks are carried out quickly, there shall be an adequate number of gates;
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;
ferry crew members shall be dealt with in the same way as commercial ship crew members;
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 ( 25 ), 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.
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.
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
Heads of Government and members of national government with accompanying spouses, and members of their official delegation, and sovereigns and other senior members of a royal family.
By way of derogation from Article 6 and Articles 8 to 14, Heads of State, Heads of Government and members of national government with accompanying spouses, and members of their official delegation, and sovereigns and other senior members of a royal family, invited by Member States’ governments or by international organisations for an official purpose and whose arrival and departure have been officially announced through diplomatic channels, shall 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:
embark and disembark in the stop-over airport or the airport of arrival situated in the territory of a Member State;
enter the territory of the municipality of the stop-over airport or the airport of arrival situated in the territory of a Member State;
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
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.
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:
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 or legal guardianship 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 persons legally exercising parental care or legal guardianship 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 persons having parental care or legal guardianship over them.
6.4. Member States shall nominate national contact points for consultation on minors and inform the Commission thereof. A list of those 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.
6.6. Member States shall ensure that border guards verifying biometrics of children or using them to identify a child are specifically trained to do so in a child-friendly and child-sensitive manner and in full respect of the best interests of the child and the safeguards laid down in the United Nations Convention on the Rights of the Child. When accompanied by a parent or a legal guardian that person shall accompany the child when the biometrics are verified or used for identification. No force shall be used. Member States shall ensure, where necessary, that the infrastructure at border crossing points is adapted for the use of biometrics of children.
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.
ANNEX VIII
ANNEX IX
Repealed Regulation with list of its successive amendments
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Regulation (EC) No 562/2006 of the European Parliament and of the Council (OJ L 105, 13.4.2006, p. 1) |
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Regulation (EC) No 296/2008 of the European Parliament and of the Council (OJ L 97, 9.4.2008, p. 60) |
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Regulation (EC) No 81/2009 of the European Parliament and of the Council (OJ L 35, 4.2.2009, p. 56) |
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Regulation (EC) No 810/2009 of the European Parliament and of the Council (OJ L 243, 15.9.2009, p. 1) |
Only Article 55 |
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Regulation (EU) No 265/2010 of the European Parliament and of the Council (OJ L 85, 31.3.2010, p. 1) |
Only Article 2 |
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Point 9 of Annex V to the 2011 Act of Accession |
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Regulation (EU) No 610/2013 of the European Parliament and of the Council (OJ L 182, 29.6.2013, p. 1) |
Only Article 1 |
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Regulation (EU) No 1051/2013 of the European Parliament and of the Council (OJ L 295, 6.11.2013, p. 1) |
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ANNEX X
Correlation table
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Regulation (EC) No 562/2006 |
This Regulation |
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Article 1 |
Article 1 |
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Article 2, introductory wording |
Article 2, introductory wording |
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Article 2, points (1) to (8) |
Article 2, points (1) to (8) |
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Article 2, point (8a) |
Article 2, point 9 |
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Article 2, point 9 |
Article 2, point 10 |
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Article 2, point 10 |
Article 2, point 11 |
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Article 2, point 11 |
Article 2, point 12 |
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Article 2, point 12 |
Article 2, point 13 |
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Article 2, point 13 |
Article 2, point 14 |
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Article 2, point 14 |
Article 2, point 15 |
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Article 2, point 15 |
Article 2, point 16 |
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Article 2, point 16 |
Article 2, point 17 |
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Article 2, point 17 |
Article 2, point 18 |
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Article 2, point 18 |
Article 2, point 19 |
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Article 2, point 18a |
Article 2, point 20 |
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Article 2, point 19 |
Article 2, point 21 |
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Article 3 |
Article 3 |
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Article 3a |
Article 4 |
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Article 4 |
Article 5 |
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Article 5(1) |
Article 6(1) |
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Article 5(1a) |
Article 6(2) |
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Article 5(2) |
Article 6(3) |
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Article 5(3) |
Article 6(4) |
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Article 5(4) |
Article 6(5) |
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Article 6 |
Article 7 |
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Article 7(1) and (2) |
Article 8(1) and (2) |
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Article 7(3)(a) |
Article 8(3)(a) |
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Article 7(3)(aa) |
Article 8(3)(b) |
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Article 7(3)(ab) |
Article 8(3)(c) |
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Article 7(3)(ac) |
Article 8(3)(d) |
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Article 7(3)(ad) |
Article 8(3)(e) |
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Article 7(3)(ae) |
Article 8(3)(f) |
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Article 7(3)(b) |
Article 8(3)(g) |
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Article 7(3)(c) |
Article 8(3)(h) |
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Article 7(3)(d) |
Article 8(3)(i) |
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Article 8 |
Article 9 |
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Article 9(1) |
Article 10(1) |
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Article 9(2), first subparagraph, point (a) |
Article 10(2), first and second subparagraphs |
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Article 9(2), first subparagraph, point (b) |
Article 10(2), third subparagraph |
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Article 9(2), second subparagraph |
Article 10(2), fourth subparagraph |
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Article 9(2), third subparagraph |
Article 10(2), fifth subparagraph |
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Article 9(3) and (4) |
Article 10(3) and (4) |
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Article 10(1) to (5) |
Article 11(1) to (5) |
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Article 10(6) |
— |
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Article 11 |
Article 12 |
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Article 12 |
Article 13 |
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Article 13 |
Article 14 |
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Article 14 |
Article 15 |
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Article 15 |
Article 16 |
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Article 16 |
Article 17 |
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Article 17 |
Article 18 |
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Article 18 |
Article 19 |
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Article 19 |
Article 20 |
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Article 19a (Chapter IV) |
— |
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Article 19a (Chapter IVa) |
Article 21 |
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Article 20 |
Article 22 |
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Article 21 |
Article 23 |
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Article 22 |
Article 24 |
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Article 23 |
Article 25 |
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Article 23a |
Article 26 |
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Article 24 |
Article 27 |
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Article 25 |
Article 28 |
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Article 26 |
Article 29 |
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Article 26a |
Article 30 |
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Article 27 |
Article 31 |
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Article 28 |
Article 32 |
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Article 29 |
Article 33 |
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Article 30 |
Article 34 |
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Article 31 |
Article 35 |
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Article 32 |
Article 36 |
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Article 33 |
Article 37 |
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Article 33a |
Article 38 |
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Article 34 |
Article 39 |
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Article 35 |
Article 40 |
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Article 36 |
Article 41 |
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Article 37 |
Article 42 |
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Article 37a |
Article 43 |
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Article 38 |
— |
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Article 39 |
Article 44 |
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Article 40 |
Article 45 |
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Annexes I to VIII |
Annexes I to VIII |
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— |
Annex IX |
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— |
Annex X |
ANNEX XI
ESSENTIAL TRAVEL
Part A
Categories of persons referred to in Article 21a(4):
healthcare professionals, health researchers and elderly care professionals;
frontier workers;
transport personnel;
diplomats, staff of international organisations and people invited by international organisations whose physical presence is required for the well-functioning of these organisations, military personnel and humanitarian aid workers and civil protection personnel in the exercise of their functions;
passengers in transit;
passengers travelling for imperative family reasons;
seafarers;
persons in need of international protection or needing to enter for other humanitarian reasons.
Part B
Categories of persons referred to in Article 21a(5):
children in early childhood education and care and pupils in education in a neighbouring country and their guardians who accompany them, who cross the border for the purpose of receiving such education, as well as students or persons travelling for educational purposes;
seasonal workers, including food-producing workers;
persons travelling for compelling reasons of animal care or for measures necessary for agriculture and forestry in individual cases;
highly qualified workers as well as key and scientific staff whose employment is necessary from an economic, societal and security perspective and whose work cannot be postponed or performed abroad;
personnel of the public authorities for defence, public policy, public health and national security, i.e. police staff, border police, immigration, public health, civil protection departments, etc. or representatives of law enforcement authorities, if the travel is related to the performance of official duties, including personnel responsible for operating and maintaining critical infrastructure;
fishermen and persons performing work or providing services on ships or offshore mining and drilling platforms, based on an employment relationship other than a maritime employment contract;
persons entering the Member State for the purpose of receiving essential medical services, including occupants of emergency vehicles;
spouses (married, civil partner, cohabiting partner) and children of an essential traveller, including third-country nationals travelling for family reunification;
third-country nationals travelling to respond to a summons by a judicial authority;
persons in possession of an International Press Card issued by the International Federation for Journalists;
care-dependent persons travelling to their care-takers.
ANNEX XII
Part A
Procedure for transferring persons apprehended in internal border areas
1. Transfer decisions pursuant to Article 23a(2) shall be issued by means of a standard form, as set out in Part B of this Annex, completed by the competent national authority. They shall take effect immediately.
2. The completed standard form shall be handed to the third-country national concerned, who shall acknowledge receipt of the transfer decision by signing the form and shall be given a copy of the signed form.
Where the third-country national refuses to sign the standard form, the competent authority shall indicate this refusal in the form under the section ‘comments’.
3. The national authorities issuing a transfer decision shall record the data on the standard form set out in Part B of this Annex.
4. The national authorities issuing a transfer decision shall inform the Commission yearly on the number of persons transferred to other Member States, indicating the Member State(s) to which the persons were transferred, grounds for finding that those persons had no right to stay in the Member State and, where available, the nationality of the third-country nationals apprehended.
5. Third-country nationals apprehended in border areas and transferred under this procedure shall have the right to appeal. Appeals against the transfer decision shall be conducted in accordance with national law. The third-country nationals shall be provided with an effective remedy in accordance with Article 47 of the Charter. 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 in a language that they understand or are reasonably supposed to understand. Lodging such an appeal shall not have suspensive effect.
6. The competent national authorities shall ensure that the third-country national subject to a transfer decision is transferred, in the framework of bilateral cooperation as referred to in Article 23a, paragraph 1(a), to the competent authorities of the receiving Member State. The transfer shall take place immediately and within 24 hours at the latest. After that, the transfer procedure cannot take place and the relevant provisions of the Directive 2008/115/EC shall apply where appropriate. The competent national authorities of the receiving Member State shall cooperate with the competent national authorities of the transferring Member State to that end.
Part B
Standard form for transferring persons apprehended in internal border areas
( 1 ) 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).
( 2 ) 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).
( 3 ) 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).
( 4 ) 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).
( 5 ) Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, p. 20).
( 6 ) Regulation (EU) 2024/1359 of the European Parliament and of the Council of 14 May 2024 addressing situations of crisis and force majeure in the field of migration and asylum and amending Regulation (EU) 2021/1147 (OJ L, 2024/1359, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1359/oj).
( 7 ) Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, p. 44).
( 8 ) 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).
( 9 ) 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).
( 10 ) 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).
( 11 ) 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).
( *1 ) Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (OJ L 157, 27.5.2014, p. 1).
( *2 ) Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purpose of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21).
( *3 ) Regulation (EC) No 1931/2006 of the European Parliament and of the Council of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (OJ L 405, 30.12.2006, p. 1).
( *4 ) Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual (OJ L 99, 17.4.2003, p. 8).
( 12 ) Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
( 13 ) Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (OJ L 261, 6.8.2004, p. 24).
( 14 ) Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, p. 27).
( *5 ) 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).
( 15 ) Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 295, 14.11.2019, p. 1).
( 16 ) 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).
( 17 ) Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU (OJ L, 2024/1348, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1348/oj).
( 18 ) Regulation (EU) 2024/1347 of the European Parliament and of the Council of 14 May 2024 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection and for the content of the protection granted, amending Council Directive 2003/109/EC and repealing Directive 2011/95/EU of the European Parliament and of the Council (OJ L, 2024/1347, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1347/oj)
( 19 ) Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
( 20 ) 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).
( 21 ) OJ L 239, 22.9.2000, p. 73.
( 22 ) No logo is required for Norway and Iceland.
( 23 ) 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).
( 24 ) 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).
( 25 ) 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).