24.1.2008

EN

Official Journal of the European Union

C 18/1

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Notifications under Article 37 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

Penalties in accordance with national law for the unauthorised crossing of external borders at places other than border crossing points or at times other than the fixed opening hours — Article 4(3)

(2008/C 18/01)

BELGIUM

These penalties are foreseen in Article 3 of the Law of 25 April 2007, modifying the Law of 15 December 1980 on the access to the territory, stay, establishment and return of the foreigners. The law has been published in the Moniteur Belge of 10 May 2007 and introduces a new Article 4 bis in the law of 15 December 1980.

These modifications have not yet entered into force. Article 48 of the said law foresees they should enter into force on the date to be fixed by the King and on the first day of the thirteenth month following the month on which it was published in the Moniteur Belge at the latest.

BULGARIA

According to the Article 279(1) of the Criminal Code, ‘Any person who enters or leaves the country by crossing the border without authorisation from the Government service responsible or who does hold such authorisation but crosses the border at a location not designated for this purpose shall be punishable by imprisonment for a term of up to five years and by a fine of not less than one hundred and not more than BGN 300’.

Recidivism is an aggravating circumstance. In the case of recidivism the offence carries a penalty of one to six years' imprisonment and a fine of BGN 100 to BGN 300.

CZECH REPUBLIC

The Czech Republic has introduced into its legislation penalties for unauthorised border crossing of external borders at places other than border crossing points or at times other than the fixed opening hours. These penalties are listed in § 157 Act No 326/1999 Coll., on the Stay of Aliens in the Territory of the Czech Republic.

§ 157

(1)   An alien will commit an offence if he/she:

a)	crosses the State border at place other than border crossing point;

b)	misuses a travel document (§ 108) that has been issued to another alien or a travel document that has been issued pursuant to special legal regulation (provisions 21);

c)	avoids residence control or border check;

n)	crosses the State border via a border crossing point at times other than the fixed opening hours or in a conflict with the purpose of the border crossing point;

(2)   A penalty of up to CZK 10 000 can be imposed for any of the offences specified in subsection (1)(a) through (1)(e); a penalty of up to CZK 5 000 can be imposed for any of the offences specified in subsection (1)(f) through (1)(n); and a penalty of up to CZK 3 000 can be imposed for any of the offences specified in subsection (1)(o) through (1)(w).

DENMARK

Under Section 38(3) of the Aliens Act, entry into and departure from a country which has not acceded to the Schengen Agreement may generally occur only at approved border-crossing points during their opening hours.

Under Section 59(1), point 1, an alien who enters without passing through passport control or outside the opening hours of a border crossing point is liable to a fine or imprisonment of up to six months.

GERMANY

Section 98(3)(2), read in conjunction with Sections 13(1) and 98(5), of the Residence Act.

Section 98 — Provisions on fines

(1)   It is an administrative offence to commit any of the acts described in Sections 95(1)(1) or (2) or 95(2)(1)(b) as a result of negligence.

(2)   It is an administrative offence:

1.	not to carry an identity document contrary to the first sentence of Section 4(5),

2.	to refuse to submit to police checks when crossing a border, contrary to the second sentence of Section 13(1), or

3.	to fail to produce, hand over and temporarily give up a document or paper indicated in Section 48(1) or the first sentence of Section 48(3), or to fail to do so in time.

(3)   It is an administrative offence wilfully or as a result of negligence:

1.	to contravene an enforceable order under the second sentence of Section 12(2) or under Section 12(4) or a territorial restriction under Section 54a(2) or the first sentence of Section 61(1),

2.	to enter or leave the country at any place other than an authorised border crossing point or outside the fixed opening hours or to fail to carry a passport or travel document issued in lieu of a passport, contrary to Section 13(1),

3.	to contravene an enforceable order under Section 46(1), the second sentence of Section 54a(1), 54a (3) or the second sentence of Section 61(1),

3a.	to fail to register, register incorrectly or be late in registering contrary to the first sentence of Section 54a(1),

4.	to fail to submit any application required under Section 80(4), or

5.	to fail to comply with statutory orders under Section 99(1)(7) or (10) insofar as such statutory orders make reference to this provision on administrative fines for a particular event.

(4)   Any attempt to commit the administrative offences described in subsections 2(2) and 3(2) is punishable.

(5)   Contraventions shall be punishable in the cases covered by Subsection 2(2) by a fine not exceeding EUR 5 000, in the cases covered by subsections 1, 2(1) and (3) and 3(2) by a fine not exceeding EUR 3 000 and in all other cases by a fine not exceeding EUR 1 000.

(6)   This shall be without prejudice to Article 31(1) of the Convention on the Status of Refugees.

Section 13 — Crossing the border

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

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

ESTONIA

Illegal crossing of State border or temporary border line of the Republic of Estonia is punishable according to Article 258 of the Penal Code (published in the Riigi Teataja (State Gazette) I 2001, 61, 364; 2007, 2, 7).

The Penal Code

§ 258. Illegal crossing of State border or temporary border line of Republic of Estonia

(1)   Illegal crossing of the State border or temporary border line of the Republic of Estonia, if committed:

1)	in disregard of a stop signal or order given by a Border Guard official;

2)	by a group;

3)	by a means of transport in a location not intended for crossing;

4)	and a punishment for a misdemeanour has been imposed on the offender for the same act is punishable by a pecuniary punishment or up to one year of imprisonment.

(2)   The same act, if committed:

1)	by using violence, or

2)	by causing serious damage to health;

is punishable by 4 to 12 years' imprisonment.

For violation of border regime as well as illegal crossing of State border or temporary border line of the Republic of Estonia penalties are stipulated by Articles 17 (1) to 17 (2) of the State Borders Act (published in the Riigi Teataja (State Gazette) I 1994, 54, 902; 2006, 26, 191):

§ 17. Violation of border regime

Violation of the border regime is punishable by a fine of up to 200 fine units.

§ 17. Illegal crossing of State border or temporary border line of Republic of Estonia

Illegal crossing of the State border or a temporary border line of the Republic of Estonia is punishable by a fine of up to 200 fine units.

GREECE

Article 83 of Law 3386/2005 provides for the imposition of penalties for the illegal crossing of borders. Third country nationals who enter or attempt to enter Greek territory without complying with the legal formalities are punishable by a term of imprisonment of at least three months and a fine of EUR 1 500.

SPAIN

Spanish Law regulates such situations and provides for appropriate penalties in the following texts.

1)   Foreign nationals detained when trying to enter the country illegally at an unauthorised border crossing point or at times other than the fixed opening hours.

In such situations, Article 58 of Organic Law 14/2003 of 20 November 2003 amending Organic Law 4/2000 of 11 January 2000 on the rights and freedoms of foreign nationals in Spain and their social integration, as amended by Organic Law 8/2000 of 22 December 2000, provides for the legal construct of refoulement; this is deemed to be the penalty applicable to situations in which foreign nationals seek to enter the country illegally within the meaning of Article 157 1(B) of Royal Decree 2393/2004, that is, foreign nationals intercepted at or in the vicinity of the border.

Refoulement of foreign nationals consists in returning the persons concerned to their country of origin or the country from which they have arrived, using an administrative procedure that is different from and faster than that used for deportation.

2)   Foreign nationals who have entered the country illegally and are intercepted inside Spanish territory:

Under Article 53 of Organic Law 14/2003, this is an offence punishable by deportation from Spanish territory, pursuant to Article 57 of the same law.

FRANCE

French legislation related to those sanctions is provided under the articles L. 621-1 and L.621-2 and R. 621-1 of the CEDESA (Code de l'entrée et du séjour des étrangers et du droit d'asile), that is generally intended to the case of the third-State national who did not comply with the conditions of entry and stay on the French territory.

Those articles provide an imprisonment penalty of one year and a fine of EUR 3 750. Moreover, the foreigner convicted may be subject to an interdiction of territory for a maximal period of one year.

ITALY

The law 24 July 1930 No 1278, Article 1 punishes whoever leaves the country outside authorised border crossing points to avoid controls with a single ‘sanction’ though in possession of passport or equivalent document.

Law No 1185/67 regulating the issue of passports provides in Article 24, administrative sanctions for whoever leaves the national territory without a valid passport or other equivalent document (clandestine expatriation).

This article also provides two aggravating circumstances:

—	expatriation without valid documents if the passport had been denied or withdrawn,

—	expatriation without valid documents if the person doesn't comply with the conditions for expatriation, punished with arrest or administrative sanction.

CYPRUS

The Aliens and Immigration Law (L.178 (I)/2004), Cap. 105, section 19(2), provides that any immigrant who unauthorised entering into the Republic of Cyprus shall be guilty of an offence and shall, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five thousand pounds or to both such imprisonment and fine, unless he proves:

(a)	that he lawfully entered into Republic before the commencement of this Law,

(b)	that, having entered into Republic by air and not being a person who had previously been held to be a prohibited immigrant, he was proceeding to present himself to the nearest immigration officer,

(c)	that he holds a license or permit granted under this Law or any Regulations made there under or some other Law, to remain in the Republic, or

(d)	that, his license or permit having expired or been revoked, he has not had a reasonable opportunity to leave the Republic.

LATVIA

Article 194 of Administrative Offence Code of the Republic of Latvia foresees, that for breach of State border, border area, borderland, border control or border crossing point laws a fine up to LVL 150 is imposed or administrative custody up to 15 days may be applied.

For intentional illegal crossing of the State border a fine from LVL 50 to LVL 250 is imposed.

Article 284 of Criminal Law of the Republic of Latvia determines that for a person who again intentionally illegally crosses the State border within a period of one year, the applicable sentence is deprivation of liberty for a term not exceeding three years, or custodial arrest, or a fine not exceeding 60 times the minimum monthly wage.

LITHUANIA

Sanctions on illegal border crossing depending on the severity of the offence vary from LTL 250 to LTL 500 or up to two years imprisonment.

If illegal crossing of the State border is related to smuggling in human beings then depending on the severity of the offence sanctions can reach up to 10 years imprison.

Extract from the Code of Administrative Offences of the Republic of Lithuania

Article 205(2). Illegal crossing of the State border through negligence:

A fine from LTL 250 up to LTL 500 shall be imposed for illegal crossing of the border through negligence.

Extracts from the Penal Code:

Article 291. Illegal crossing of the State border

1.   A person, who has crossed the State border illegally, shall be punished by a fine, or arrested, or imprisoned for up to two years.

2.   An alien, who has entered the Republic of Lithuania illegally with the aim of applying for asylum, shall be excused criminal liability referred to in paragraph 1 of this Article.

3.   An alien, who has committed an act provided for in paragraph 1 of this Article with the aim of entering illegally a third country from the territory of the Republic of Lithuania, shall be excused criminal liability referred to in paragraph 1 of this Article if following the established order he/she is removed from the Republic of Lithuania either to the country, from the  territory of which he/she illegally crossed the State border of the Republic of Lithuania, or to the country he/she is a national of.

Article 292. Illegal smuggling of persons across the State border

1.   A person, who illegally transported an alien without a permanent place of residence in the Republic of Lithuania across the State border of the Republic of Lithuania, or transported or harboured an alien, who had illegally crossed the State border of the Republic of Lithuania, in the territory of the Republic of Lithuania, shall be punished by a fine, or arrest, or imprisonment for up to six years.

2.   A penalty of imprisonment up to eight years shall be imposed on a person, who committed the act referred to  in paragraph 1 of this Article, for immoral motives or if the act endangers life.

3.   A penalty of imprisonment from four up to 10 years shall be imposed on a person for organisation of the acts referred to in paragraph 1 of this Article.

4.   A legal person shall be liable for the acts stipulated in this Article.

LUXEMBOURG

As the only external border in Luxembourg is the airport, Luxembourg has not foreseen sanctions in this respect.

HUNGARY

Persons who enter the national territory illegally commit administrative offence.

An expulsion and prohibition of entry and stay or an independent prohibition of entry and stay can be ordered as an administrative sanction in the aliens policing procedure against a foreigner who has violated or attempted to violate the rules of entry and exit.

Apart from that, a fine of a maximum of HUF 100 000 may be imposed by the authority dealing with administrative offences on a foreigner who crosses the State border of the Republic of Hungary without authorisation or in a manner not authorised. Furthermore the stay of an expelled foreigner in the territory of Hungary without permission qualifies as a misdemeanour punishable with up to one year of imprisonment under our criminal law.

Legislation referred to:

—	Act XXXIX of 2001 on the Entry and Stay of Foreigners (hereinafter: ESF), Section 32, Subsection 2, Point a);

—	Act IV of 1978 on the Criminal Code (hereinafter: CrC), Section 214;

—	Government decree No 218/1999 on Administrative Offences, Section 22, Subsection 1.

Persons, who are involved in assist/facilitate the illegal entry/exit commit criminal offence.

Facilitation of unauthorised border crossing is a crime and punishable by imprisonment up to three years.

The punishment is up to five years imprisonment if the facilitator acts for financial gains or facilitates more than one person.

The punishment is two to eight years of imprisonment if the facilitator uses inhuman treatment or the facilitators are armed or the facilitator provides assistance for illegal border crossing in a business like manner.

Preparation for facilitation of illegal border crossing is also a crime und punishable by up to two years imprisonment.

An expulsion for aliens policing purposes shall be ordered against the foreigner who organises or facilitates the illegal entry or exit (crossing the border) or stay of persons or groups or is engaged in smuggling of persons, moreover an expulsion for aliens policing purposes may be ordered against the foreigner whose entry and stay violates or poses a threat to public security.

Legislation referred to:

—	CrC Section 218, People-Smuggling.

MALTA

It is pertinent to note that Article 5(1) of the Immigration Act (Cap. 217) specifies that:

Furthermore, Article 32 of the Immigration Act States:

THE NETHERLANDS

Section 108(1) of Aliens Act in conjunction with section 46(2) specifies that infringements or acting in conflict with the requirement will be punishable by a maximum of six months' imprisonment or a monetary fine in category 2. Monetary fines in category 4 are up to a maximum of EUR 16 750.

The requirement to cross the border at a border entry point can be found in Article 4.4, Aliens Decree (Vreemdelingenbesluit).

Section 108(1), (2) and (3), Aliens Act 2000

1.

Infringement of a condition established under or by virtue of sections 5.1, 5.2, 46.2 (preamble and at b), and acting in conflict with section 56.1, acting in conflict with an obligation imposed under or by virtue of section 6.1, 54, 55, 57.1, 58.1, or 65.3 will be punishable by a maximum of six months' imprisonment or a monetary penalty in category 2.

2.	Infringement of a condition imposed under or by virtue of section 4.1 or 4.2 will be punishable by a maximum of six months' imprisonment or a monetary penalty in category 4.

3.	The crimes specified in paragraphs 1 and 2 are regarded as offences.

AUSTRIA

Without prejudice to the exceptions provided for in (2) or to their international protection obligations, Article 4 (3) of the Schengen Borders Code requires Member States to introduce penalties, in accordance with their national law, for the unauthorised crossing of external borders at places other than border crossing points or at times other than the fixed opening hours. These penalties shall be effective, proportionate and dissuasive.

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

Unauthorised residence

(1)   Any foreign citizen who

1.	enters the territory of the Federal Republic of Austria illegitimately or

2.

remains in the territory of the Federal Republic of Austria illegitimately, commits an administrative offence and is subject to a financial penalty of up to EUR 2 180 or, in the event of default thereon, to up to three weeks' imprisonment. The point of entry or the last known place of residence shall be treated as the scene of the crime; where entry is made by means of public transport, it shall be the closest alighting point at which it is possible, according to the transport company's timetable, to disembark from the mode of public transport.

(2)   Anyone who commits the offence as per (1) although he/she has already been punished with final and binding effect for a similar offence, shall be subject to a fine of up to EUR 4 360 or, in the event of default thereon, of up to six weeks' imprisonment.

(3)   An administrative offence as per (1) (2) shall not exist,

1.	if exit were possible only to a country to which deportation is not allowed by § 50;

2.	if deportation of an alien has been postponed;

3.	in cases of residence of a third country national beneficiary of the EC law on free movement (without visa) or

4.	while the alien is denied his/her personal liberty.

(4)   Sanction in accordance with (1) (2) shall exclude any such in respect of the administrative offence committed in accordance with (1) (1) at the same time.

(5)   An administrative offence in accordance with (1) shall not exist if the alien has made an application for international protection and he/she has been recognised as having the right to asylum or as being entitled to subsidiary protection in Austria. The administrative penalty procedure shall be suspended while the asylum procedure is in progress.

§ 16 Federal Austrian Act governing the conduct of passport controls at border crossings (Border Controls Act — GrekoG), Federal Austrian Law Gazette 1996/435 in the version of Federal Austrian Law Gazette 2004/151:

Criminal provisions

(1)   Any person who

1.	removes, conceals or amends one of those signs provided for in § 5 without authorisation or

2.	crosses the border in infringement of the specification set down in § 10 or

3.	as a party subject to border controls, evades border controls or

4.	intends to make or has made a border crossing which is subject to border controls and does not abide by those routes provided for border crossings or

5.	in spite of a reminder, refuses to provide information on whether he/she has made or intends to make a border crossing or provides this information untruthfully or

6.	in spite of a request to refrain, fails to comply with an arrangement made in accordance with § 11(2)(3) and consequently is responsible for a disruption of border controls or for a delay to a mode of transport operating in accordance with the timetable,

shall, provided the deed does not fulfil the conditions for a criminal offence falling within the competence of the courts or is subject under a different legal specification to the threat of a penalty of the same or greater severity, be guilty of an administrative offence and subject to sanction by the regional administrative authorities or, in the local sphere of influence of a federal police authority, in the form of a fine of up to EUR 2 180 or of a period of up to six weeks' imprisonment. Except in the cases of items 5 and 6, the intent is subject to sanction.

(2)   (1) (5) shall not apply if the party subject to the obligation to provide information refuses to provide information or provides this information untruthfully because otherwise he/she would incriminate him/herself in respect of a punishable offence.

POLAND

In Poland such penalties are introduced and specified in Article 264 of the Polish Penal Code. They are penalties concerning persons who illegally cross the Polish border.

Such persons can be punished in three different ways: fine, restriction of freedom or imprisonment for up to two years.

If a person crosses the Polish border illegally using violence, threat, by deceit or with cooperation with other persons he or she is liable to a penalty of imprisonment of up to three years.

If a person organises an illegal border crossing he or she is liable to a penalty of six months up to eight years.

PORTUGAL

Article 9 of Decree-Law 244/98 of 8 August 1998 stipulates that ‘Anyone entering or leaving Portuguese territory shall do so using the border crossing points designated for that purpose and during their opening hours, without prejudice to the provisions on the free movement of persons laid down in the Convention Implementing the Schengen Agreement’.

Article 136(1) of the same Decree-Law stipulates that ‘the entry of aliens into Portuguese territory in violation of Article 9 is deemed unlawful’.

Article 148(2) stipulates that ‘failure to comply with Article 9 is punishable by a fine of EUR 200 to EUR 400’.

ROMANIA

Article 70, al.1 of the GEO No 105/2001 on Romanian State border provides that:

SLOVENIA

Entry into the Republic of Slovenia is deemed to be illegal if aliens:

—	enter the country even though they have been refused entry;

—	evade border control;

—	use another person's, a forged or an otherwise modified travel or other document required for entry upon entry, or if they give false information to border control bodies (Article 11 Ztuj).

A fine of between SIT 20 000 and 100 000 (EUR 83,46 and EUR 417,29) will be imposed on aliens committing an offence by entering the Republic of Slovenia illegally (Article 98 Ztuj).

A fine of a minimum of SIT 100 000 (EUR 417,29) will be imposed on natural persons committing an offence by crossing the State border outside a border crossing point or in contravention of the intended use of the border crossing point, outside of the operating hours or the area of the border crossing point (Article 43(1), third indent, State Border Control Act, Ur. l. RS No 20/2004).

Assisting aliens in unauthorised entry, transit or residence

Persons who enable or assist an alien to enter, reside in or transit the territory of the Republic of Slovenia may not act contrary to the provisions of the Act laying down the conditions of entry, residence or transit of aliens through the territory of the Republic of Slovenia (Articles 13a and 13b Ztuj).

Persons who enable or assist or who attempt to enable or assist aliens to enter, transit or reside in the territory of the Republic of Slovenia contrary to the preceding paragraph will be liable to a fine of between SIT 100 000 and 240 000 (EUR 417,20 and 1 001,5).

Legal entities which commit a violation as specified above will be liable to a fine of between SIT 500 000 and 1 000 000 (EUR 2 086,46 and EUR 4 172,93) and the responsible person of the legal entity to a fine of between SIT 150 000 and 300 000 (EUR 625,94 and EUR 1 251,88).

SLOVAKIA

Pursuant to Section 76 of Act No 48/2002 Coll. on the stay of aliens, unauthorised crossing of the State border is considered to be an infringement for which a fine of up to SKK 50 000 may be imposed (Section 76(2)). Any alien who has entered the territory of the Slovak Republic without authorisation will be administratively expelled by a police department and will be refused re-entry for a period of up to five years, one year being the minimum period (Section 57(1) of the Act on the stay of aliens).

On 1 January 2006 Act No 300/2005 Coll. (Criminal Code) entered into force; Section 354 of this Act (violent crossing of State borders) stipulates that ‘Whosoever crosses the State border by violence or threat of immediate violence shall be punished by a term of imprisonment of between three and eight years.’

Section 357 of the Criminal Code stipulates that ‘Whosoever enters the territory of the Slovak Republic by a means of air transport in breach of the provisions governing international flights shall be punished by a term of imprisonment of between six months and three years.’

Section 355 of the Criminal Code provides for a penalty to be imposed on persons committing the crime of human trafficking:

—	Whosoever organises unauthorised crossing of the State border shall be punished by a term of imprisonment of between one and five years (Section 355(1);

—

Whosoever organises unauthorised crossing of the State border with the intent to obtain financial or other material gain or whosoever produces, procures, provides or holds a false travel document or identity document for the purposes of unauthorised crossing of the State border shall be punished by a term of imprisonment of between three and eight years (Section 355(2));

—	Acts for which the penalty imposed in respect of the above acts may be increased (up to 20 years' imprisonment) are referred to in Sections 355(3)-(5).

FINLAND

The Penal Code of Finland (39/1889) and its amendments Section 7 Border Offence (563/1998) specifies

(1)   A person who:

(1)	crosses the border of Finland without a valid passport or another travel document, or otherwise than from a legal point of departure or to a legal point of arrival, or contrary to a statutory prohibition, or attempts the same,

(2)	otherwise breaches the provisions on border crossing, or

(3)	without permission stays, moves or undertakes prohibited measures in the border zone, as referred in the Border Zone Act (403/1947) shall be sentenced for a border offence to a fine or imprisonment for a maximum of one year.

(2)   A foreigner who is refused entry or deported as a result of the act referred to in subsection 1 or a foreigner who seeks asylum or applies for a residence permit as a refugee in Finland shall not be sentenced for a border offence. A foreigner who has committed the act referred to in subsection 1 due to the fact that he/she has been subjected to trafficking in human beings referred to in chapter 25(3) or 25(3a) shall also not be sentenced for a border offence. (650/2004).

Section 7a — Petty border offence (756/2000)

(1)   If the border offence, in view of the short duration of the unauthorised stay or movement, the nature of the prohibited act, or the other circumstances of the offence is petty when assessed as a whole, the offender shall be sentenced for a petty border offence to a fine.

(2)   The provisions in section 7(2) apply also to acts referred to in paragraph (1).

SWEDEN

Penalties are defined in Chapter 20, § 4 of the Aliens Act.

§ 4. An alien who deliberately crosses an external border within the meaning of the Schengen agreement in an illicit manner shall be liable to a fine or a custodial sentence of not more than one year.

ICELAND

A general penal provision is stipulated in Article 57 of the Act on Foreigners No 96/2002.

According to Paragraph 1 fines or imprisonment for up to six months shall be ordered if, inter alia, a person intentionally or negligently violates the provisions of the Act, or any rules, prohibition, order or condition laid down in accordance with the Act. Penalties for unauthorised crossing of external borders at places other than border crossing points or at times other than the fixed opening hours will be based on this provision. These penalties, as well as others, shall be effective and dissuasive as well as proportionate.

NORWAY

In Norway this is regulated by the Immigration Act (Act concerning the entry of foreign nationals into the Kingdom of Norway and their presences in the Realm of 24 June 1988 No 64) Section 47 first paragraph a), cf. Section 23 second paragraph, and the Border's Act (Act on various measures to implement marking and surveillance of the border of 14 July 1950 No 2) Section 4, cf. Section 3 first paragraph No 3, cf. Regulation of 7 November 1950 No 4 Section 4, c).

In the Immigration Act Section 47 regarding Penalties first paragraph it is stated:

‘Any person will be liable to fines or to imprisonment for a term not exceeding six months or to both who:

(a)	wilfully or negligently contravenes the present Act, or regulations, prohibitions, orders or conditions issued pursuant to the Act (…)’.

In the Immigration Act Section 23 regarding Border-crossing and border control second paragraph it is said:

Penalties according to the Border's Act

The Border's Act Section 4 regulates the penalties. It is stated that:

In the Border's Act Section 3 first paragraph No 3 it is stated that:

In the Regulation regarding various issues on the border of 7 November 1950 No 4, issued pursuant to the abovementioned Act, Section 4 c) it is stated:

‘At or by the border between Norway and the Soviet Union (Russia) it is prohibited to:

(…)

b)	cross the border by land, by sea or in the air without permission from the Norwegian Border Commissioner for the Norwegian-Soviet (Russian) Border (…)’

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24.1.2008

EN

Official Journal of the European Union

C 18/10

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Notifications under Article 37 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

Joint controls on the common external land borders pursuant to Article 17

(2008/C 18/02)

BELGIUM

These arrangements do not apply to Belgium.

BULGARIA

An Agreement on joint border control was signed on 21 December 2006 between the Republic of Bulgaria and the Government of Romania and entered into force on 1 January 2007.

CZECH REPUBLIC

—	Agreement between the Czech Republic and the Federal Republic of Germany on facilitation of border checks in railway, road and water traffic signed on 19 May 1995 in Furth im Wald (entered into force on 1 June 1996, announced under No 157/1996, Collection of International Treaties)

—	Agreement between the Czech Republic and the Republic of Poland on co-operation in border checks signed in Prague on 25 May 1999 (entered into force on 1 November 2002, announced under No 140/2002, Collection of International Treaties)

—	Agreement between the Czech and Slovak Federal Republic and the Republic of Austria on facilitation of border checks in railway, road and water traffic signed in Vienna on 17 May 1991 (entered into force on 1 October 1992, announced under No 27/1994, Collection of International Treaties)

—	Agreement between the Czech Republic and the Slovak Republic on facilitation of border checks in railway, road and water traffic signed in Bratislava on 24 May 1999 (entered into force on 12 March 2001, announced under No 24/2001 Collection of International Treaties)

DENMARK

These arrangements do not apply to Denmark.

GERMANY

—	Treaty between the Federal Republic of Germany and the Czech Republic on simplifying procedures for crossing borders by road, rail or ship

—	Agreement between the Federal Republic of Germany and the Republic of Poland on simplifying border crossing procedures

ESTONIA

The arrangements on organisation of joint border control between the Government of Estonia and the Government of Latvia concluded and entered into force on 30 August 1994 (published in the Riigi Teataja (State Gazette) II 1994, 24, 81).

GREECE

Greece has no arrangements with other Member States on joint control.

SPAIN

Spain has not signed any agreements of this type at the present time.

FRANCE

France is not concerned by this article.

ITALY

Negotiations have been undertaken by Italy with the Slovenian Republic

CYPRUS

Article 17 does not apply to the Republic of Cyprus as it has no any joint/common land borders with any other Member State.

LATVIA

Republic of Latvia has concluded agreements on joint border control with:

1.	Republic of Lithuania: Agreement between governments of Republic of Lithuania and Republic of Latvia on cooperation during performing border checks in joint border control points. Concluded on 9 June 1995;

2.	Republic of Estonia: Agreement between Governments of Republic of Latvia and Republic of Estonia on organising of joint border control. Concluded on 30 August 2006.

LITHUANIA

The bilateral arrangements concluded in accordance with Article 17 are made with Latvia and Poland.

LUXEMBOURG

These arrangements do not apply to Luxembourg.

HUNGARY

Hungary performs joint control with:

—	Slovakia on the basis of Government Decree No 91/2005. (V.6) on the promulgation of the agreement signed in Bratislava, on 9 October 2003 between the Government of the Republic of Hungary and the Government of the Republic of Slovakia on public road, railway and water border traffic control;

—	Austria on the basis of Government Decree No 124/2004. (IV.29) on the promulgation of the Agreement signed in Vienna, on 29 April 2004 between the Government of the Republic of Hungary and the Government of the Republic of Austria on public road, railway and water border traffic control.

—	Slovenia on the basis of Government Decree No 148/2004. (V.7) on the promulgation of the Agreement signed in Ljubljana, on 16 April 2004 between the Government of the Republic of Hungary and the Government of the Republic of Slovenia on public road, railway and water border traffic control.

Hungary cooperates with Austria in mixed patrolling service in the border areas on the basis of Act XXXVII of 2006 on the promulgation of the Agreement signed in Heiligenbrunn, on 6 June 2004 between the Republic of Hungary and the Republic of Austria on cooperation in the prevention of trans-border crime and combating organised crime.

Such Agreements were signed with Slovakia and Slovenia in October and enter into force in 2007.

MALTA

The provisions of Article 17(1) do not apply to Malta given that it does not have any land borders.

THE NETHERLANDS

The Netherlands have concluded two treaties in the context of joint controls:

1.	The Treaty of Enschede. This is a bilateral treaty with Germany.

2.	The Benelux Treaty.

AUSTRIA

Republic of Slovakia

—	Agreement between the Republic of Austria and the Czech and Slovak Federal Republic on facilitation of customs clearance for rail, road and marine transport in the version shown in the exchange of notes of 22 December 1993 and 14 January 1994, Federal Austrian Law Gazette No 561/1992

—	Agreement between the Government of the Federal Republic of Austria and the Government of the Republic of Slovakia on the construction of customs clearance locations and on the conduct of customs clearance in transit for rail transport, Federal Austrian Law Gazette No III 36/2004

Republic of Slovenia

—	Agreement between the Republic of Austria and the Republic of Slovenia on facilitation of customs clearance for rail and road transport, Federal Austrian Law Gazette No III 94/2001

—	Agreement between the Government of the Federal Republic of Austria and the Government of the Republic of Slovenia on the construction of common customs clearance locations, Federal Austrian Law Gazette No III 39/2004

Czech Republic

—	Agreement between the Republic of Austria and the Czech and Slovak Federal Republic on facilitation of customs clearance for rail, road and marine transport, Federal Austrian Law Gazette No 561/1992

—

Agreement as per Article 2(4) of the Agreement of 17 June 1991 between the Republic of Austria and the Czech and Slovak Federal Republic on facilitation of customs clearance for rail, road and marine transport on the construction of an advance Austrian customs clearance location at the Reintal-Postorná border crossing point, Federal Austrian Law Gazette No 710/1993

—

Agreement as per Article 2(4) of the Agreement of 17 June 1991 between the Republic of Austria and the Czech and Slovak Federal Republic on facilitation of customs clearance for rail, road and marine transport on the construction of an advance Austrian customs clearance location at the Mitterretzbach-Hnánice border crossing point, Federal Austrian Law Gazette No 711/1993

—

Agreement as per Article 2(4) of the Agreement of 17 June 1991 between the Republic of Austria and the Czech and Slovak Federal Republic on facilitation of customs clearance for rail, road and marine transport on the construction of an advance Czech customs clearance location at the Guglwald-Prední Výton border crossing point, Federal Austrian Law Gazette No 712/1993

—

Agreement as per Article 2(4) of the Agreement of 17 June 1991 between the Republic of Austria and the Czech and Slovak Federal Republic on facilitation of customs clearance for rail, road and marine transport on the construction of an advance Czech customs clearance location at the Schöneben-Zadní Zvonková border crossing point, Federal Austrian Law Gazette No 713/1993

—

Agreement as per Article 2(4) of the Agreement of 17 June 1991 between the Republic of Austria and the Czech and Slovak Federal Republic on facilitation of customs clearance for rail, road and marine transport on the construction of advanced customs clearance locations in the Linz central station, Freistadt, Summerau, Horní Dvoriste, Kaplice and Ceske Budejovice railway stations and on customs clearance in transit on the line between the Linz central station and Ceske Budejovice stations, Federal Austrian Law Gazette No 386/1994

—

Agreement as per Article 2(4) of the Agreement of 17 June 1991 between the Republic of Austria and the Czech and Slovak Federal Republic on facilitation of customs clearance for rail, road and marine transport on the construction of an advance Czech customs clearance location at the Gmünd-Bleylebenstraße/Ceské Velenice border crossing point, Federal Austrian Law Gazette No 384/1994

—

Agreement as per Article 2(4) of the Agreement of 17 June 1991 between the Republic of Austria and the Czech and Slovak Federal Republic on facilitation of customs clearance for rail, road and marine transport on the construction of an advance Czech customs clearance location at the Schlag/Chlum u Trebone border crossing point, Federal Austrian Law Gazette No 385/1994

—	Agreement between the Government of the Federal Republic of Austria and the Government of the Czech Republic on the construction of an advance Austrian customs clearance location at the Pyhrabruck — Nové Hrady border crossing point, Federal Austrian Law Gazette No III 135/2000

—

Agreement between the Government of the Federal Republic of Austria and the Government of the Czech Republic on the construction of an advance Austrian customs clearance location and of an advance Czech customs clearance location at the Gmünd — Ceské Velenice border crossing point, Federal Austrian Law Gazette No III 136/2000

—

Agreement between the Government of the Federal Republic of Austria and the Government of the Czech Republic on the construction of advance customs clearance locations in the railway stations at Gmünd and Ceské Velenice and on customs clearance in transit between the Schwarzenau and Veselí stations on the line to Luznicí and Schwarzenau and Ceske Budejovice, Federal Austrian Law Gazette No III 166/2002

—

Agreement between the Government of the Federal Republic of Austria and the Government of the Czech Republic on the construction of advance customs clearance locations in the Vienna-South railway station, Hohenau, Breclav and Brno — hlavní nádrazí/Brünn — central station stations and on customs clearance in transit on the line between the Vienna-South railway station and Brno — hlavní nádrazí/Brünn — central stations, Federal Austrian Law Gazette No III 71/2006

—	Agreement between the Government of the Federal Republic of Austria and the Government of the Czech Republic on the construction of advance customs clearance locations at the Fratres — Slavonice border crossing point, Federal Austrian Law Gazette No III 70/2006

—	Agreement between the Government of the Federal Republic of Austria and the Government of the Czech Republic on the construction of advance customs clearance locations at the Grametten — Nová Bystrice border crossing point, Federal Austrian Law Gazette No III 72/2006

Republic of Hungary

—	Agreement between the Republic of Austria and the Republic of Hungary on customs clearance for rail transport, Federal Austrian Law Gazette No 134/1992

—	Agreement between the Republic of Austria and the Republic of Hungary on customs clearance for road transport and shipping, rail transport, Federal Austrian Law Gazette No 794/1992

—	Agreement between the Government of the Federal Republic of Austria and the Government of the Republic of Hungary on implementation of the Agreement on customs clearance for rail transport, Federal Austrian Law Gazette No 327/1993

—

Agreement between the Government of the Federal Republic of Austria and the Government of the Republic of Hungary amending the Agreement between the Government of the Federal Republic of Austria and the Government of the Republic of Hungary on implementation of the Agreement on customs clearance for rail transport of 14 April 1993, Federal Austrian Law Gazette No 636/1995

—

Agreement between the Government of the Federal Republic of Austria and the Government of the Republic of Hungary on the construction of a border crossing point between the local authorities of Lutzmannsburg and Zsira and on the construction of a common customs clearance point on the territory of Austria, Federal Austrian Law Gazette No III 245/2001

—

Agreement between the Government of the Federal Republic of Austria and the Government of the Republic of Hungary on the construction of a maritime border crossing in Fertorákos on Lake Neusiedel and of a common customs clearance point on the territory of Hungary, Federal Austrian Law Gazette No III 96/2002

—	Agreement between the Government of the Federal Republic of Austria and the Government of the Republic of Hungary on the construction of a common customs clearance point at the Mörbisch-Fertörakos border crossing point on the territory of Austria, Federal Austrian Law Gazette No III 97/2002

—	Agreement between the Government of the Federal Republic of Austria and the Government of the Republic of Hungary on the construction of customs clearance points and on co-operation in the field of monitoring of border traffic, Federal Austrian Law Gazette No III 31/2004

POLAND

Poland has signed bilateral agreements concerning simplified border control with its neighboring countries:

1.	Agreement between the Republic of Poland and the Federal Republic of Germany on facilitated border control, done in Warsaw 29 July 1992

2.	Agreement between the Republic of Poland and the Czech Republic on facilitated border control, done in Prague 25 May 1999

3.	Agreement between the Republic of Poland and the Slovak Republic on facilitated border control, done in Stara Lubownia 29 November 2002

4.	Agreement between Republic of Poland and the Republic of Lithuania on border issues, done in Vilnius 14 September 1997

According to the provisions of the above mentioned agreements and according to the bilateral meetings protocols (attended by the Polish Border Guard and representatives of border services of the neighboring countries) competent authorities of the parties of the agreements can control traffic across common borders jointly on their territories. Poland takes part in such joint border traffic control.

PORTUGAL

Portugal applies Article 20 of the Code.

ROMANIA

Romania — Hungary

On 27 April 2004, the Convention between Romania and the Republic of Hungary on control of road and rail traffic was concluded. The Agreement between Romania and Hungary for implementing this Convention was signed on 21 December 2006.

Romania — Bulgaria

The Agreement on joint control at the border between the two states was signed on 21 December 2006.

SLOVENIA

Bilateral agreements on simplified border controls.

Agreement with the Republic of Austria:

—	Agreement between the Republic of Slovenia and the Republic of Austria on a simplified border control in rail and road transport (Ur. l. RS No 82/1989)

—	Arrangement on the establishment of joint offices for border control (Ur. l. RS No 48/2004).

Agreement with the Republic of Hungary:

—	Agreement between the Republic of Slovenia and the Republic of Hungary on border controls in road and rail transport (Ur. l. RS No 125/2000)

—	Arrangement between the Government of the Republic of Slovenia and the Government of the Republic of Hungary on the implementation in rail transport of the Agreement between the Republic of Slovenia and the Republic of Hungary on border controls in road and rail transport (Ur. l. RS No 6/2001)

—	Arrangement between the Government of the Republic of Slovenia and the Government of the Republic of Hungary on the implementation in road transport of the Agreement between the Republic of Slovenia and the Republic of Hungary on border controls in road and rail transport (Ur. l. RS No 59/2004).

Border controls are carried out on a one-stop control basis on the State borders between Slovenia and Austria, and Slovenia and Hungary.

SLOVAKIA

—	Agreement between the Czech and Slovak Federative Republic and the Republic of Austria on facilitating border clearance procedures in rail, road and waterway transport, signed in Vienna on 17 June 1991;

—	Agreement between the Government of the Slovak Republic and the Austrian Federal Government on the establishment of border clearance points and on border clearance in rail transport during travel, signed on 28 April 2004;

—	Treaty between the Slovak Republic and the Republic of Hungary on border clearance in road, rail and waterway transport, signed in Bratislava on 9 October 2003;

—

Agreement between the Government of the Slovak Republic and the Government of the Republic of Hungary on the implementation of the Treaty between the Slovak Republic and the Republic of Hungary on border clearance in road, rail and waterway transport of 9 October 2003, signed in Bratislava on 9 October 2003;

—	Agreement between the Slovak Republic and the Republic of Poland on facilitating border clearance procedures in rail and road transport, signed in Stará Ľubovňa on 29 July 2002;

—	Treaty between the Slovak Republic and the Czech Republic on facilitating border clearance procedures in road, rail and waterway transport signed in Bratislava on 24 May 1999.

FINLAND

Finland does not have common land borders with Member States which do not apply Article 20.

SWEDEN

Sweden does not have any bilateral agreement in accordance with Article 17.1 of the Schengen Border Code.

ICELAND

Iceland does not have common land borders with any other Member State and therefore, this provision is not applicable.

NORWAY

Norway has not concluded any such bilateral agreement.

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24.1.2008

EN

Official Journal of the European Union

C 18/15

---

Notifications under Article 37 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

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

(2008/C 18/03)

BELGIUM

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

BULGARIA

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

1.   Law on Bulgarian identity documents

Article 6: ‘Citizens shall present proof of their identity when summoned to do so by officials duly authorised by law.’

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

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

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

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

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

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

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

CZECH REPUBLIC

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

DENMARK

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

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

GERMANY

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

Section 3 — Passport requirement

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

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

Section 13 — Crossing the border

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

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

Section 48 — Obligation to prove identity

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

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

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

Section 82 — Cooperation of non-nationals

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

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

2.   Subsection 1 applies mutatis mutandis in any appeal proceedings.

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

4.   Where necessary for the preparation and implementation of measures under this Act or under provisions on non-nationals' rights contained in other legislation, non-nationals may be ordered to appear in person before the competent authority and at the representation of the State of which they are presumed to be citizens and to undergo a medical examination to determine whether they are fit to travel. Where non-nationals fail to comply with an order under the first sentence, the order may be enforced. Sections 40(1), 40(2), 41 and the first and third sentences of Section 42(1) of the Federal Police Act shall apply mutatis mutandis.

ESTONIA

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

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

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

GREECE

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

SPAIN

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

a)   for Spanish nationals:

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

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

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

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

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

b)   for foreign nationals:

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

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

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

FRANCE

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

ITALY

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

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

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

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

CYPRUS

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

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

LATVIA

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

LITHUANIA

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

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

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

LUXEMBOURG

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

HUNGARY

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

MALTA

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

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

THE NETHERLANDS

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

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

—	foreign nationals residing lawfully in terms of a residence permit for a specified or unspecified period,

—	foreign nationals residing lawfully as Community citizens,

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

—	foreign nationals other than those specified above.

In specific terms, the following categories are involved:

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

(b)

for citizens of the EU/EEA and Switzerland, residing lawfully as specified in section 8.e, Aliens Act, a valid national passport or valid identity card. For foreign nationals residing lawfully as defined in section 8.e, Aliens Act, as family members of a citizen of the EU/EEA or Switzerland, but who have a different nationality: — a valid national passport with the required entry visa, if less than three months have expired since entry to the country, — a valid national passport with an entry stamp, if no visa is required for entry and if less than three months have expired since entry to the country, — a valid national passport with a statement issued by the competent authorities to the effect that a residence card has been applied for, if less than six months have expired since the issue of the statement, — a residence card in accordance with Appendix 7e, Aliens Regulation

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

(d)

foreign nationals who are residing lawfully in terms of section 8j, Aliens Act, because there are obstacles to removal as defined in section 64, Aliens Act, and persons residing lawfully as a result of a moratorium on departures will obtain, as proof of identity, the residence document in accordance with Appendix 7f2, Aliens Regulation (W2 document), to the extent that they are not already in possession of a valid document for crossing borders;

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

(f)

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

(g)	other foreign nationals.

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

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

Section 50, Aliens Act

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

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

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

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

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

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

Article 4.21, Aliens Decree 2000

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

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

(b)

for foreign nationals who are residing lawfully as defined in section 8.e of the Act: a valid national passport or valid identity card, if they are nationals of a State as defined in section 8.7.1 or, if they do not possess such nationality: 1. a valid national passport with the required entry visa, if less than three months have expired since entry to the country; 2. a valid national passport with an entry stamp, if no visa is required for entry and if less than three months have expired since entry to the country; 3. a valid national passport with a statement issued by the competent authorities as specified in section 8.13, paragraph 4, if less than six months have expired since the issue of the statement; 4. a residence document issued by the competent authorities, as defined in section 8.13, paragraph 5 or section 8.20, paragraph 1;

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

(d)

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

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

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

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

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

AUSTRIA

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

Entering and leaving the country

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

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

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

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

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

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

Condition for legitimate entry into the territory of the Federal Republic

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

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

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

—	Convention travel documents (§ 94 FPG)

—	Photographic identity cards for holders of privileges and immunities (§ 95 FPG)

—	Emergency travel document for citizens of a Member State of the European Union (§ 96 FPG)

—	Travel document for the repatriation of citizens of third-party States (§ 97 FPG)

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

General conditions on passport obligation

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

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

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

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

Restriction of the passport obligation

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

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

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

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

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

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

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

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

Exceptions from the passport obligation

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

1.	an acceptance Statement (§ 19) being issued;

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

3.	through transport (§ 48).

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

§ 19 FPG — acceptance statement

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

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

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

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

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

Medical certificate

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

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

2.	any other serious infectious disease not notifiable or reportable, or

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

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

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

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

POLAND

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

PORTUGAL

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

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

(a)	an identity card or passport, for Portuguese citizens;

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

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

SLOVENIA

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

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

SLOVAKIA

In the case of the abolition of border control at internal borders, the Member States may, pursuant to Article 21(c) and (d) of the Schengen Borders Code, provide by law for an obligation to hold or carry papers and documents and for an obligation for third-country nationals to report their presence in the territory of any Member State pursuant to Article 22 of the Schengen Convention. Following the abolition of border control, the obligation for third-country nationals (analogous to the obligation for Slovak nationals) to hold a valid travel document including, if required, a visa, an identity card or a residence permit during a stay in the territory of the Slovak Republic will probably be maintained. The obligation of registration of aliens within the meaning of Section 49(2) of Act No 48/2002 Coll. will also be maintained.

FINLAND

Aliens Act (301/2004) Section 13 — Passports

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

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

SWEDEN

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

Paragraph 9.

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

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

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

ROMANIA

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

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

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

ICELAND

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

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

The Minister of Justice may decide that foreigners, other than Danish, Finnish, Norwegian and Swedish nationals, shall carry passports or other personal identity documents at all times while staying in Iceland. The Minister may exempt other foreigners from this duty.

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

NORWAY

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

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

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

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24.1.2008

EN

Official Journal of the European Union

C 18/25

---

Notifications under Article 37 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

The obligation on third-country nationals to report their presence on the territory of any Member State pursuant to Article 21(d)

(2008/C 18/04)

BELGIUM

This obligation is set out in detail in the following measures:

—

Section 5 of the Act of 15 December 1980 on access to the territory, residence, establishment and deportation of non-nationals: ‘Non-nationals who are not staying in an establishment which by law must register them as travellers must register at the administration of the commune in which they are staying within three working days of their arrival in the kingdom, unless they belong to one of the categories of non-nationals which the King has excused from this obligation. The King shall determine the method of registration and the form of the document issued at registration proving registration has occurred.’

—

Section 18 of the Royal Decree of 8 October 1981 on access to the territory, residence, establishment and deportation of non-nationals: ‘The obligation to register with the local authorities does not apply to: 1. Non-nationals who are admitted for treatment to a hospital or similar establishment during their visit to Belgium; 2. A non-national who is detained and held in a prison or social welfare establishment.’

—

Section 27 of the Royal Decree of 8 October 1981 on access to the territory, residence, establishment and deportation of non-nationals: ‘Non-national children below the age of 15 must be registered with the local authorities by their father or mother, or by the person or institution responsible for them.’

—

Section 28 of the Royal Decree of 8 October 1981 on access to the territory, residence, establishment and deportation of non-nationals: ‘Non-nationals living in caravans, cars or boats must register within the stipulated time limit on the list of non-nationals in the commune in which they wish to receive official communications. The local commune authorities are responsible for issuing a certificate recognising their presence on the list of non-nationals registered with the commune in question.’

BULGARIA

The obligation of third-country nationals to report their presence on the territory of any Member State pursuant to Article 22 of the Schengen Convention is governed by the Law on foreign nationals in the Republic of Bulgaria:

Article 18(1): ‘When entering the Republic of Bulgaria, foreign nationals shall fill in an address card in accordance with the model approved by the Minister of the Interior on which they declare the aim of their visit and indicate in writing the address at which they will reside.’

CZECH REPUBLIC

The obligation on third-country nationals to report their presence on the territory of the Czech Republic pursuant to the provisions of Article 22 of the Schengen Convention is stipulated by Act No 326/1999 Coll., on the Stay of Aliens in the Territory of the Czech Republic (Chapter VII, § § 93 - 102 concerning report of stay on the territory).

According to the Act the foreigner is obliged to report his/her presence on the territory of the Czech Republic within three days upon his/her arrival at the Police.

DENMARK

Denmark has chosen not to implement Article 22 of the Schengen Agreement.

The Aliens Act and the Aliens Order do not contain any provisions on the obligation of third-country nationals to notify their presence in the country when entering from another Schengen country.

GERMANY

Article 22 of the Schengen Convention requires third-country nationals to report their presence on the territory of a Member State. Sections 11, 14 and 16 of the Framework Registration Act and the corresponding provisions of the Länder registration legislation provide for this reporting requirement.

The Framework Registration Act and the Länder registration legislation require everyone to register when they move into accommodation in Germany and to de-register when they leave the country. They must register or de-register with the local registration office within one/two weeks of moving in or out.

This registration requirement applies to both Germans and non-nationals. There is therefore no distinction between nationals of other EU countries and third-country citizens.

This is without prejudice to the special registration requirement for people staying in accommodation, hospitals or care homes.

ESTONIA

Pursuant to Article 9 of State Borders Act (published in the Riigi Teataja (State Gazette) I 1994, 54, 902; 2006, 26, 191), State border can be crossed through border checkpoints. For this reason notification of presence is not necessary.

GREECE

Article 87(1) and (2) of Law 3386/2005 provides that third country nationals must, immediately upon entry into Greece, report their arrival to the persons providing accommodation to them by presenting their passport or any other travel document recognised by international conventions, an entry visa or a residence permit. The persons providing accommodation or temporary residence must then immediately notify the Police Department and the competent Foreigners and Immigration Office of the arrival and departure of the foreigners they are putting up. A fine ranging from EUR 1 500 to EUR 3 000 is imposed on foreigners and other persons who violate the relevant provisions.

SPAIN

Under Spanish law, third-country nationals are required in certain cases to declare that they have entered the country.

Article 12 of Royal Decree 2393/2004 of 30 December 2004 adopting the implementing Regulations on Organic Law 4/2000 of 11 January 2000 on the rights and freedoms of foreign nationals in Spain and their social integration, reads as follows:

1.	‘Foreign nationals arriving on Spanish territory who have come from a country with which Spain has signed an agreement on the abolition of border controls shall be obliged to declare their entry in person to the Spanish police authorities.’;

2.	‘If such a declaration is not made at the time of entry, it must be made within three working days of the date of entry at any National Police station or Aliens Office.’

FRANCE

French legislation provides this obligation under Articles L. 531-2, R. 211-32, R.211-33, R.212-5 and R.212-6 of the CESEDA (Code de l'entrée et du séjour des étrangers et du droit d'asile), that states that third-country nationals shall subscribe to a declaration at their entry on the metropolitan territory.

ITALY

The information will be published later.

CYPRUS

Regulations 242/72, as amended, issued under the Aliens and Immigration Law, Cap. 105, as amended, paragraphs 35 and 36, provide that any alien who arrives in the Republic of Cyprus shall within seven days of his arrival present himself to the office of the registration officer of the registration district in which he intends to have his residence or intended residence and shall be issued under this provision a certificate of registration.

LATVIA

Third-country nationals, when applying for permanent or temporary residence permits in the Republic of Latvia must declare their place of residence.

LITHUANIA

There are no obligations on third-country nationals to report their presence on the territory of Lithuania pursuant to the provisions of Article 22 of the Schengen Convention.

LUXEMBOURG

Third-country nationals have to report their presence in the country within three days to the commune or to the hotel where they are staying.

HUNGARY

Article 88 of Act XXXIX of 2001 on the entry and stay of Foreigners stipulates that foreigners are obliged to report their place of accommodation to the Aliens policing authorities.

MALTA

Currently, third-country nationals are only bound to comply with the entry requirements as stipulated in the Immigration Act (Cap. 217) and subsidiary legislation. Legislation as stipulated in Article 22 of the Schengen Convention is to be enacted prior to Malta's accession to the Schengen zone.

THE NETHERLANDS

Article 4.4 of the Aliens Decree specifies that a foreign national who enters or leaves the Netherlands via an external boundary must report to a border crossing point at the external border during opening hours and report to an official responsible for border control. Our Minister may grant an exemption from this requirement in certain circumstances. The foregoing does not apply to citizens of the Benelux countries.

Conditional access may also be made subject to a registration requirement. As regards the registration requirement, this involves, in principle: reporting within three days to the Aliens Police division of the regional police force covering the municipality where the foreign national will be staying. If, because of a Saturday, Sunday or public holiday, the foreign national is not able to fulfil the registration requirement within three days, the following endorsement will be made on the border crossing document: ‘report not later than …. (date)’.

Article 4.39, Aliens Decree, also provides that a foreign national without lawful residence must immediately report in person to the Commissioner of Police of the regional police force covering the municipality where he is staying.

Article 4.47 of the Aliens Decree specifies as follows:

‘1.

A foreign national residing lawfully, as defined in section 8.i of the Act, and who has arrived in the Netherlands for a stay of longer than three months, must report in person within three days after his arrival in the Netherlands to the Commissioner of Police of the regional police force covering the municipality in which his place of residence is situated.

2.	In calculating the period of three months mentioned in paragraph 1, earlier residence in the Netherlands within a period of six months immediately prior to arrival will be taken into account.

3.	If the foreign national is below the age of 12 years, the person with whom he is living or residing will make the report.’

Article 4.48 of the Aliens Decree specifies as follows:

‘1.

A foreign national residing lawfully, as defined in section 8.i of the Act, and who has arrived in the Netherlands for a stay of a maximum of three months, must report in person within three days after his arrival in the Netherlands to the Commissioner of Police of the regional police force covering the municipality in which his place of residence is situated.

2.	Any registration requirement under the foregoing paragraph for a foreign national below the age of 12 years will be incumbent on the individual with whom the foreign national is living or residing.

3.	Paragraph 1 does not apply to foreign nationals who take lodgings in a hotel or an institution whose owner, occupier or manager is obliged by municipal regulations to intimate the provision of overnight accommodation to individuals to the designated authorities.’

Article 4.49 of the Aliens Decree specifies as follows:

‘1.

A foreign national in possession of a visa or document for crossing borders in which the appropriate competent authority has placed a notification concerning reporting to the Aliens Police in the Netherlands will, within three days after his arrival in the Netherlands, report in person to the Commissioner of Police of the regional police force covering the municipality specified in that endorsement.

2.	Paragraph 1 is not applicable to citizens of a State which is a party to the Treaty on the incorporation of the European Community, the Agreement relating to the European Economic Area or citizens of Switzerland.’

Article 4.50 of the Aliens Decree specifies as follows:

‘1.	The foreign national who has come to the Netherlands to seek work as a seaman on board a ship will, within three days after his arrival in the Netherlands, report in person to the Commissioner of Police of the regional police force for the municipality where he is looking for work.

2.	Paragraph 1 is not applicable to citizens of a State which is a party to the Treaty establishing the European Community, the Agreement on the European Economic Area or citizens of Switzerland.’

AUSTRIA

§ 5 of the Federal Austrian Act governing the obligation to register with the police (Reporting Act 1991 — MeldeG), Federal Austrian Law Gazette 1992/9 in the version of Federal Austrian Law Gazette I 2006/45

Accommodation in hotels

§ 6 of Federal Austrian Act governing the obligation to register with the police (Reporting Act 1991 — MeldeG), Federal Austrian Law Gazette 1992/9 in the version of Federal Austrian Law Gazette I 2006/45

§ 3 Reporting Act (MeldeG) — accommodation in apartments; registration

§ 4 MeldeG — Accommodation in apartments; cancellation of registration

§ 1 MeldeG — Definitions of terms

§ 11 MeldeG — Amendment of data registered

POLAND

According to Articles 23 to 26 of the Law on Register of the Population and Identity Cards of 10 April 1974 (Journal of Laws of 06.139.993 with later amendments), aliens staying on the territory of the Republic of Poland are obliged to report their presence in accordance with the rules set out in the abovementioned Law.

Aliens staying elsewhere than a hotel, an accommodation provided in connection with work, education, medical treatment or holiday making are obliged to report their temporary presence not later than within four days after crossing the border of the Republic of Poland.

If the fourth day of presence is a holiday, the last reporting day is the next working day.

Temporary stay of a tourist group is reported by the tour leader who is obliged to submit the hotel manager or an authorised member of the hotel staff a list of the tourist's group members and travel documents authorising them to stay on the territory of the Republic of Poland.

1.

An alien while reporting his permanent presence shall provide all the required data as well as his or her residence card issued in consequence of granting him or her settlement permit, the EC long-term residence permit, refugee status or tolerated stay permit, or settlement permit, the EC long-term residence permit, decision on giving him or her the refugee status in the Republic of Poland or decision on giving him or her permission for a tolerated stay.

2.

An alien reporting temporary stay lasting not longer than three months shall provide required data and presents his or her visa and in case when he or she crossed the border in accordance with an agreement abolishing or limiting the requirement for a visa — a travel document, a alien's temporary identity card, a residence card or a fixed period residence permit, a settlement permission or the EC long-term residence permission or decision on giving him or her the refugee status in the Republic of Poland or decision on giving him or her permission for a tolerated stay.

PORTUGAL

Article 26(1) of Decree-Law 244/98 of 8 August 1998, as amended by Decree-Law 34/2003 of 25 February 2003, makes it obligatory to report entry into the country: ‘Aliens entering the country from another Member State by way of a border not subject to border control shall be required to report this fact within three working days of such entry’.

ROMANIA

Article 102 of the Aliens Act No 194/2002 provides that:

SLOVENIA

Methods and procedures for the registration and de-registration of permanent and temporary residence and the registration and de-registration of guests are regulated by the Residence Registration Act (ZPPreb-UPB1, Ur. l. RS No 59/2006) which lays down the obligation for aliens to register in various ways according to the type of residence.

1.   Accommodation in a tourist or hotel establishment

Tourist or hotel establishments are facilities intended for the reception of persons for purposes of overnight accommodation or rest (hotels, motels, health resorts, boarding houses, guest houses, tourist farms, holiday villages, camp sites, marinas, alpine lodges and other houses or buildings used for accommodation or rest purposes).

Aliens staying in a tourist or hotel establishment must be registered by the accommodation provider at the relevant police station within 12 hours of their reception and de-registered within 12 hours of their departure (Article 10(1) ZPPreb).

An accommodation provider is a legal person, independent entrepreneur or natural person that receives guests against payment for the purpose of overnight accommodation or rest, or that offers temporary accommodation to individuals as part of their activities.

2.   Residence in accommodation establishments

Accommodation establishments comprise single-person housing, student halls of residence and student housing, homes for the elderly, care homes and other facilities designed for communal housing or for carrying out activities which involve 24-hour residence.

Aliens without a residence permit staying in an accommodation establishment must be registered by the accommodation provider at the relevant police station within three days of their arrival and de-registered within three days of their departure (Article 10(2) ZPPreb). Aliens with a residence permit staying in an accommodation establishment must be registered by the accommodation provider at a local government office within three days of their arrival and de-registered within three days of their departure (Article 11(2) ZPPreb).

3.   Residence other than in tourist, hotel or accommodation establishments

Aliens without a residence permit not staying in a tourist or hotel establishment must register at the relevant police station within three days of crossing the national border or changing accommodation, and de-register before departure (Article 10(3) ZPPreb). Aliens with a valid residence permit who have not registered their permanent or temporary place of residence in the Republic of Slovenia at a local government office must register their temporary residence at a local government office within three days of moving (Article 12(3) ZPPreb).

Aliens with a residence permit must report their temporary place of residence to a local government office within three days of moving if they are temporarily housed or resident outside their place of permanent or temporary residence in facilities such as holiday homes, apartments and other such facilities (other than tourist, lodging or hotel accommodation) and intend to stay there for more than 60 days and have already registered a permanent or temporary place of residence at a local government office (Article 12(1) ZPPreb).

4.   Accommodation in a health establishment

Healthcare institutions which receive aliens for treatment must notify the competent body within 24 hours of receiving them (Article 84 Ztuj).

SLOVAKIA

The information will be published later.

FINLAND

Aliens Act (301/2004) Section 130 paragraph 3

SWEDEN

There are no national provisions pertaining to Article 21(d) other than Chapter 6, § 13 of the Aliens Act, which is worded as follows:

ICELAND

According to Article 17, Paragraph 1 of the Act on Foreigners No 96/2002, a third country national, who has been granted a residence permit in Iceland, shall within one week from arrival, report his presence to authorities. The same rule applies to a third country national who intends to apply for or is required to be in possession of a residence permit.

NORWAY

This question is regulated by the Immigration Act, Section 23, first paragraph regarding the report of presence after crossing of external borders, where it is stated that:

Further the Immigration Act, Section 14, first paragraph regarding reporting to the authorities, deals with the obligation on foreign nationals to report their presence on the territory. Here it is stated:

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