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Document 02006R0562-20131126
Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)
Consolidated text: Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)
Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)
No longer in force
02006R0562 — EN — 26.11.2013 — 006.005
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REGULATION (EC) No 562/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2006 (OJ L 105 13.4.2006, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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REGULATION (EC) No 296/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2008 |
L 97 |
60 |
9.4.2008 |
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REGULATION (EC) No 81/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 January 2009 |
L 35 |
56 |
4.2.2009 |
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REGULATION (EC) No 810/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009 |
L 243 |
1 |
15.9.2009 |
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REGULATION (EU) No 265/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 March 2010 |
L 85 |
1 |
31.3.2010 |
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REGULATION (EU) No 610/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 June 2013 |
L 182 |
1 |
29.6.2013 |
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REGULATION (EU) No 1051/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2013 |
L 295 |
1 |
6.11.2013 |
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Amended by:
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TREATY CONCERNING THE ACCESSION OF THE REPUBLIC OF CROATIA TO THE EUROPEAN UNION |
L 112 |
10 |
24.4.2012 |
Corrected by:
REGULATION (EC) No 562/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 March 2006
establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)
TITLE I
GENERAL PROVISIONS
Article 1
Subject matter and principles
This Regulation provides for the absence of border control of persons crossing the internal borders between the Member States of the European Union.
It establishes rules governing border control of persons crossing the external borders of the Member States of the European Union.
Article 2
Definitions
For the purposes of this Regulation the following definitions shall apply:
‘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 ►M5 Article 20(1) ◄ of the Treaty, 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 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 ( 15 ) applies;
third-country nationals and their family members, whatever their nationality, who, under agreements between the ►M5 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 ►M5 Article 20(1) ◄ of the Treaty 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 Article 96 of the Schengen Convention;
‘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 the fixed opening hours, in order to prevent persons from circumventing border checks;
‘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 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals ( 16 ) 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 34, 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 of 29 May 1995 laying down a uniform format for visas ( 17 );
‘cruise ship’ means a ship which follows a given itinerary in accordance with a predetermined programme, which includes a programme of tourist activities in the various ports, and which normally neither takes passengers on nor allows passengers to disembark during the voyage;
‘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 by international maritime law, 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 Organisation and other infectious diseases or contagious parasitic diseases if they are the subject of protection provisions applying to nationals of the Member States.
Article 3
Scope
This Regulation shall apply to any person crossing the internal or external borders of Member States, without prejudice to:
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 3a
Fundamental Rights
When applying this Regulation, Member States shall act in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Union (‘the Charter of Fundamental Rights’); relevant international law, including the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 (‘the Geneva Convention’); obligations related to access to international protection, in particular the principle of non-refoulement; and fundamental rights. In accordance with the general principles of Union law, decisions under this Regulation shall be taken on an individual basis.
TITLE II
EXTERNAL BORDERS
CHAPTER I
Crossing of external borders and conditions for entry
Article 4
Crossing of external borders
Member States shall notify the list of their border crossing points to the Commission in accordance with Article 34.
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 34;
for individuals or groups of persons in the event of an unforeseen emergency situation;
in accordance with the specific rules set out in Articles 18 and 19 in conjunction with Annexes VI and VII.
Article 5
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 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 ( 18 ), 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.
Reference amounts set by the Member States shall be notified to the Commission in accordance with Article 34.
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 of 13 July 2009 establishing a Community Code on Visas (Visa Code) ( 19 ).
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 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 ( 20 ), 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.
CHAPTER II
Control of external borders and refusal of entry
Article 6
Conduct of border checks
Any measures taken in the performance of their duties shall be proportionate to the objectives pursued by such measures.
Article 7
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.
The minimum check referred to in the first subparagraph shall be the rule for persons enjoying the right of free movement under Union law.
However, on a non-systematic basis, when carrying out minimum checks on persons enjoying the right of free movement under Union law, border guards may consult national and European databases in order to ensure that such persons do not represent a genuine, present and sufficiently serious threat to the internal security, public policy, international relations of the Member States or a threat to the public health.
The consequences of such consultations shall not jeopardise the right of entry of persons enjoying the right of free movement under Union law into the territory of the Member State concerned as laid down in Directive 2004/38/EC.
On entry and exit, third-country nationals shall be subject to thorough checks.
thorough checks on entry shall comprise verification of the conditions governing entry laid down in Article 5(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 that the third-country national is in possession of a document which is valid for crossing the border and which has not expired, and that the document is accompanied, where applicable, by the requisite visa or residence permit;
thorough scrutiny of the travel document for signs of falsification or counterfeiting;
examination of the entry and exit stamps on the travel document of the third-country national concerned, in order to verify, by comparing the dates of entry and exit, that the person has not already exceeded the maximum duration of authorised stay in the territory of the Member States;
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 in national data files and the action to be performed, if any, as a result of an alert;
if the third country national holds a visa referred to in Article 5(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 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) ( 21 );
by way of derogation, where:
traffic of such intensity arises that the waiting time at the border crossing point becomes excessive;
all resources have already been exhausted as regards staff, facilities and organisation; and
on the basis of an assessment there is no risk related to internal security and illegal immigration;
the VIS may be consulted using the number of the visa sticker in all cases and, on a random basis, the number of the visa sticker in combination with the verification of fingerprints.
However, in all cases where there is doubt as to the identity of the holder of the visa and/or the authenticity of the visa, the VIS shall be consulted systematically using the number of the visa sticker in combination with the verification of fingerprints.
This derogation may be applied only at the border crossing point concerned for as long as the above conditions are met;
the decision to consult the VIS in accordance with point (ab) shall be taken by the border guard in command at the border crossing point or at a higher level.
The Member State concerned shall immediately notify the other Member States and the Commission of any such decision;
each Member State shall transmit once a year a report on the application of point (ab) to the European Parliament and the Commission, which shall include the number of third-country nationals who were checked in the VIS using the number of the visa sticker only and the length of the waiting time referred to in point (ab)(i);
points (ab) and (ac) shall apply for a maximum period of three years, beginning three years after the VIS has started operations. The Commission shall, before the end of the second year of application of points (ab) and (ac), transmit to the European Parliament and to the Council an evaluation of their implementation. On the basis of that evaluation, the European Parliament or the Council may invite the Commission to propose appropriate amendments to this Regulation;
thorough checks on exit shall comprise:
verification that the third-country national is in possession of a document valid for crossing the border;
verification of the travel document for signs of falsification or counterfeiting;
whenever possible, verification that the third-country national is not considered to be a threat to public policy, internal security or the international relations of any of the Member States;
In addition to the checks referred to in point (b) 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; ►M2 such verification may comprise consultation of the VIS in accordance with Article 18 of Regulation (EC) No 767/2008; ◄
verification that the person did not exceed the maximum duration of authorised stay in the territory of the Member States;
consultation of alerts on persons and objects included in the SIS and reports in national data files;
for the purpose of identification of any person who may not fulfil, or who may no longer fulfil, the conditions for entry, stay or residence on the territory of the Member States, the VIS may be consulted in accordance with Article 20 of Regulation (EC) No 767/2008.
Without prejudice to the second subparagraph, third-country nationals subject to a thorough second line check shall be given written information in a language which they understand or may reasonably be presumed to understand, or in another effective way, on the purpose of, and the procedure for, such a check.
◄
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 8
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.
Article 9
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 not applying Article 20 at their common borders. The signs bearing the indications set out in the 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.
Persons enjoying the right of free movement under Union law are entitled to use the lanes indicated by the sign in part A (‘EU, EEA, CH’) of Annex III. They may also use the lanes indicated by the sign in part B1 (‘visa not required’) and part B2 (‘all passports’) of Annex III.
Third-country nationals who are not obliged to possess a visa when crossing the external borders of the Member States in accordance with Regulation (EC) No 539/2001 and third-country nationals who hold a valid residence permit or long-stay visa may use the lanes indicated by the sign in part B1 (‘visa not required’) of Annex III to this Regulation. They may also use the lanes indicated by the sign in part B2 (‘all passports’) of Annex III to this Regulation.
All other persons shall use the lanes indicated by the sign in part B2 (‘all passports’) of Annex III.
The indications on the signs referred to in points (a) and (b) may be displayed in such language or languages as each Member State considers appropriate.
The provision of separate lanes indicated by the sign in part B1 (‘visa not required’) of Annex III is not obligatory. Member States shall decide whether to do so and at which border crossing points in accordance with practical needs.
Member States may vary the indications on those signs where appropriate in the light of local circumstances.
▼M5 —————
Article 10
Stamping of the travel documents
The travel documents of third-country nationals shall be systematically stamped on entry and exit. In particular an entry or exit stamp shall be affixed to:
the documents, bearing a valid visa, enabling third-country nationals to cross the border;
the documents enabling third-country nationals to whom a visa is issued at the border by a Member State to cross the border;
the documents enabling third-country nationals not subject to a visa requirement to cross the border.
The travel documents of nationals of third countries who are members of the family of nationals of third countries enjoying the right of free movement under Union law, but who do not present the residence card provided for in Directive 2004/38/EC, shall be stamped on entry and exit.
No entry or exit stamp shall be affixed:
to the travel documents of Heads of State and dignitaries whose arrival has been officially announced in advance through diplomatic channels;
to pilots' licences or the certificates of aircraft crew members;
to the travel documents of seamen who are present within the territory of a Member State only when their ship puts in and in the area of the port of call;
to the travel documents of crew and passengers of cruise ships who are not subject to border checks in accordance with point 3.2.3 of Annex VI;
to documents enabling nationals of Andorra, Monaco and San Marino to cross the border;
to the travel documents of crews of passengers and goods trains on international connections;
to the travel documents of nationals of third countries who present a residence card provided for in Directive 2004/38/EC.
Exceptionally, at the request of a third-country national, insertion of an entry or exit stamp may be dispensed with if insertion might cause serious difficulties for that person. In that case, entry or exit shall be recorded on a separate sheet indicating that person's name and passport number. That sheet shall be given to the third-country national. The competent authorities of the Member States may keep statistics of such exceptional cases and may provide those statistics to the Commission.
Article 11
Presumption as regards fulfilment of conditions of duration of stay
In such a case:
where the third-country national is found on the territory of a Member State applying the Schengen acquis in full, the competent authorities shall indicate, in accordance with national law and practice, in his or her travel document the date on which, and the place where, he or she crossed the external border of one of the Member States applying the Schengen acquis in full;
where the third-country national is found on the territory of a Member State in respect of which the decision contemplated in Article 3(2) of the 2003 Act of Accession has not been taken, the competent authorities shall indicate, in accordance with national law and practice, in his or her travel document the date on which, and the place where, he or she crossed the external border of such a Member State.
In addition to the indications referred to in points (a) and (b), a form as shown in Annex VIII may be given to the third-country national.
Member States shall inform each other and the Commission and the Council General Secretariat of their national practices with regard to the indications referred to in this Article.
Article 12
Border surveillance
That surveillance shall be carried out in such a way as to prevent and discourage persons from circumventing the checks at border crossing points.
Article 13
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.
Lodging such an appeal shall not have suspensive effect on a decision to refuse entry.
Without prejudice to any compensation granted in accordance with national law, the third-country national concerned shall, where the appeal concludes that the decision to refuse entry was ill-founded, be entitled to correction of the cancelled entry stamp, and any other cancellations or additions which have been made, by the Member State which refused entry.
CHAPTER III
Staff and resources for border control and cooperation between Member States
Article 14
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 6 to 13, in such a way as to ensure an efficient, high and uniform level of control at their external borders.
Article 15
Implementation of controls
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 established by Council 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 16
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 17
Joint control
To that end, Member States may conclude bilateral arrangements between themselves.
CHAPTER IV
Specific rules for border checks
Article 18
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 4 and 5 and Articles 7 to 13.
Article 19
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 and the members of their delegation(s);
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 4 and 5 and Articles 7 to 13.
Article 19a
By way of derogation from the provisions of this Regulation relating to the establishment of border crossing points, and until the entry into force of a decision by the Council on the full application of the provisions of the Schengen acquis in Croatia pursuant to Article 4(2) of the Act of Accession or until this Regulation is amended to include provisions governing border control at common border crossing points, whichever is the earlier, Croatia may maintain the common border crossing points at its border with Bosnia and Herzegovina. At these common border crossing points, border guards of one party shall carry out entry and exit checks on the territory of the other party. All entry and exit checks by Croatian border guards shall be carried out in compliance with the acquis of the Union, including Member States’ obligations as regards international protection and non-refoulement. The relevant bilateral agreements establishing the common border crossing points in question shall, if necessary, be amended to that end.
CHAPTER IVa
Specific measures in the case of serious deficiencies relating to external border control
Article 19b
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 Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis ( 24 ), 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 33a(2).
It shall also inform the European Parliament and the Council.
TITLE III
INTERNAL BORDERS
CHAPTER I
Abolition of border control at internal borders
Article 20
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 21
Checks within the territory
The abolition of border control at internal borders shall not affect:
the exercise of police powers by the competent authorities of the Member States under national law, insofar as the exercise of those powers does not have an effect equivalent to border checks; that shall also apply in border areas. Within the meaning of the first sentence, the exercise of police powers may not, in particular, be considered equivalent to the exercise of border checks when the police measures:
do not have border control as an objective,
are based on general police information and experience regarding possible threats to public security and aim, in particular, to combat cross-border crime,
are devised and executed in a manner clearly distinct from systematic checks on persons at the external borders,
are carried out on the basis of spot-checks;
security checks on persons carried out at ports and airports by the competent authorities under the law of each Member State, by port or airport officials or carriers, provided that such checks are also carried out on persons travelling within a Member State;
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 on third-country nationals to report their presence on its territory pursuant to the provisions of Article 22 of the Schengen Convention.
Article 22
Removal of obstacles to traffic at road crossing-points at internal borders
Member States shall remove all obstacles to fluid traffic flow at road crossing-points at internal borders, in particular any speed limits not exclusively based on road-safety considerations.
At the same time, Member States shall be prepared to provide for facilities for checks in the event that internal border controls are reintroduced.
CHAPTER II
Temporary reintroduction of border control at internal borders
Article 23
General framework for the temporary reintroduction of border control at internal borders
Article 23a
Criteria for the temporary reintroduction of border control at internal borders
Where a Member State decides, as a last resort, on the temporary reintroduction of border control at one or more of its internal borders or at parts thereof, or decides to prolong such reintroduction, in accordance with Article 23 or Article 25(1), it shall assess the extent to which such a measure is likely to adequately remedy the threat to public policy or internal security, and shall assess the proportionality of the measure in relation to that threat. In making such an assessment, the Member State shall, in particular, take the following into account:
the likely impact of any threats to its public policy or internal security, including following terrorist incidents or threats and including those posed by organised crime;
the likely impact of such a measure on free movement of persons within the area without internal border control.
Article 24
Procedure for the temporary reintroduction of border control at internal borders under Article 23(1)
Where a Member State plans to reintroduce border control at internal borders under Article 23(1), it shall notify the other Member States and the Commission at the latest four weeks before the planned reintroduction, or within a shorter period where the circumstances giving rise to the need to reintroduce border control at internal borders become known less than four weeks before the planned reintroduction. To that end, the Member State shall supply the following information:
the reasons for the proposed reintroduction, including all relevant data detailing the events that constitute a serious threat to its public policy or internal security;
the scope of the proposed reintroduction, specifying at which part or parts of the internal borders border control is to be reintroduced;
the names of the authorised crossing-points;
the date and duration of the planned reintroduction;
where appropriate, the measures to be taken by the other Member States.
A notification under the first subparagraph may also be submitted jointly by two or more Member States.
If necessary, the Commission may request additional information from the Member State(s) concerned.
Such classification shall not preclude information from being made available by the Commission to the European Parliament. The transmission and handling of information and documents transmitted to the European Parliament under this Article shall comply with rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.
If, based on the information contained in the notification or on any additional information it has received, the Commission has concerns as regards the necessity or proportionality of the planned reintroduction of border control at internal borders, or if it considers that a consultation on some aspect of the notification would be appropriate, it shall issue an opinion to that effect.
Article 25
Specific procedure for cases requiring immediate action
In the event of such a prolongation, the provisions of Article 24(4) and (5) shall apply mutatis mutandis, and the consultation shall take place without delay after the decision to prolong has been notified to the Commission and to the Member States.
Article 26
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 points (a) to (e) of Article 24(1).
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 26a
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 26(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 ( 25 ) or the European Police Office (‘Europol’), established by Council Decision 2009/371/JHA ( 26 ), 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 26(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 27
Informing the European Parliament and the Council
The Commission and the Member State(s) concerned shall inform the European Parliament and the Council as soon as possible of any reasons which might trigger the application of Articles 19a and 23 to 26a.
Article 28
Provisions to be applied where border control is reintroduce at internal borders
Where border control at internal borders is reintroduced, the relevant provisions of Title II shall apply mutatis mutandis.
Article 29
Report on the reintroduction of border control at internal borders
Within four weeks of the lifting of border control at internal borders, the Member State which has carried out border control at internal borders shall present a report to the European Parliament, the Council and the Commission on the reintroduction of border control at internal borders, outlining, in particular, the initial assessment and the respect of the criteria referred to in Articles 23a, 25 and 26a, the operation of the checks, the practical cooperation with neighbouring Member States, the resulting impact on the free movement of persons, the effectiveness of the reintroduction of border control at internal borders, including an ex-post assessment of the proportionality of the reintroduction of border control.
The Commission may issue an opinion on that ex-post assessment of the temporary reintroduction of border control at one or more internal borders or at parts thereof.
The Commission shall present to the European Parliament and to the Council, at least annually, a report on the functioning of the area without internal border control. The report shall include a list of all decisions to reintroduce border control at internal borders taken during the relevant year.
Article 30
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 31
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 29.
TITLE IV
FINAL PROVISIONS
Article 32
Amendments to the Annexes
The Commission shall be empowered to adopt delegated acts in accordance with Article 33 concerning amendments to Annexes III, IV and VIII.
Article 33
Exercise of the delegation
Article 33a
Committee procedure
Article 34
Notifications
Member States shall notify the Commission of:
the list of residence permits, distinguishing between those covered by point (a) of point 15 of Article 2 and those covered by point (b) of point 15 of Article 2 and accompanied by a specimen for permits covered by point (b) of point 15 of Article 2. 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 point (a) of Article 4(2);
the statistics referred to in Article 10(3).
Article 35
Local border traffic
This Regulation shall be without prejudice to Community rules on local border traffic and to existing bilateral agreements on local border traffic.
Article 36
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 ( 28 ).
Article 37
Notification of information by the Member States
The Member States shall notify the Commission of national provisions relating to Article 21(c) and (d), the penalties as referred to in Article 4(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 37a
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 19a and 26 of this Regulation shall apply.
Article 38
Report on the application of Title III
The Commission shall submit to the European Parliament and the Council by 13 October 2009 a report on the application of Title III.
The Commission shall pay particular attention to any difficulties arising from the reintroduction of border control at internal borders. Where appropriate, it shall present proposals aimed at resolving such difficulties.
Article 39
Repeals
The following shall be repealed with effect from the date referred to in paragraph 1:
the Common Manual, including its annexes;
the decisions of the Schengen Executive Committee of 26 April 1994 (SCH/Com-ex (94) 1, rev 2), 22 December 1994 (SCH/Com-ex (94)17, rev. 4) and 20 December 1995 (SCH/Com-ex (95) 20, rev. 2);
Annex 7 to the Common Consular Instructions;
Council Regulation (EC) No 790/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for carrying out border checks and surveillance ( 29 );
Council Decision 2004/581/EC of 29 April 2004 determining the minimum indications to be used on signs at external border crossing points ( 30 );
Council Decision 2004/574/EC of 29 April 2004 amending the Common Manual ( 31 );
Council Regulation (EC) No 2133/2004 of 13 December 2004 on the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the Common Manual to this end ( 32 ).
Article 40
Entry into force
This Regulation shall enter into force on 13 October 2006. However, Article 34 shall enter into force on the day after 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 Treaty establishing the European Community.
ANNEX I
Supporting documents to verify the fulfilment of entry conditions
The documentary evidence referred to in Article 5(2) 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:
confirmation of the booking of an organised trip or any other appropriate document indicating the envisaged travel plans;
supporting documents as regards return:
a return or round-trip ticket;
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 8;
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 13 (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
( 33 )
PART B1: ‘visa not required’;
PART B2: ‘all passports’.
PART C