Article 1 -
Amendments to Regulation (EC) No 562/2006
Regulation (EC) No 562/2006 is hereby amended as follows:
(1)
Article 2 is amended as follows:
(a)
in point 1, point (c) is replaced by the following:
"(c)
sea, river and lake ports of the Member States for regular internal ferry connections;";
(b)
point 4 is replaced by the following:
"4.
‧regular internal ferry connection‧ means any ferry connection between the same two or more ports situated on the territory of the Member States, not calling at any ports situated outside the territory of the Member States and consisting of the transport of passengers and vehicles according to a published timetable;";
(c)
point 5 is amended as follows:
(i)
the introductory part is replaced by the following:
"5.
‧persons enjoying the right of free movement under Union law‧ means:";
(ii)
in point (a), the reference 'Article 17(1)' is replaced by the reference 'Article 20(1)';
(iii)
in point (b), the word 'Community' is replaced by the word 'Union';
(d)
in point 6, the reference 'Article 17(1)' is replaced by the reference 'Article 20(1)';
(e)
the following point is inserted:
"8a.
‧shared border crossing point‧ means any border crossing point situated either on the territory of a Member State or on the territory of a third country, at which Member State border guards and third-country border guards carry out exit and entry checks one after another in accordance with their national law and pursuant to a bilateral agreement;";
(f)
point 15 is replaced by the following:
"15.
‧residence permit‧ means:
(a)
all residence permits issued by the Member States according to the uniform format laid down by Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (20) and residence cards issued in accordance with Directive 2004/38/EC;
(b)
all other documents issued by a Member State to third-country nationals authorising a stay on its territory, that have been the subject of a notification and subsequent publication in accordance with Article 34, with the exception of:
(i)
temporary permits issued pending examination of a first application for a residence permit as referred to in point (a) or an application for asylum and
(ii)
visas issued by the Member States in the uniform format laid down by Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (21);
(g)
the following point is inserted:
"18a.
‧offshore worker‧ means a person working on an offshore installation located in the territorial waters or in an area of exclusive maritime economic exploitation of the Member States as defined by international maritime law, and who returns regularly by sea or air to the territory of the Member States;";
(2)
in Article 3, point (a) is replaced by the following:
"(a)
the rights of persons enjoying the right of free movement under Union law;";
(3)
the following Article is inserted:
Article 3 - a
Fundamental Rights
When applying this Regulation, Member States shall act in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Union ("the Charter of Fundamental Rights"); relevant international law, including the Convention Relating to the Status of Refugees done at Geneva on 28 July 1951 ("the Geneva Convention"); obligations related to access to international protection, in particular the principle of non-refoulement; and fundamental rights. In accordance with the general principles of Union law, decisions under this Regulation shall be taken on an individual basis.";
(4)
in Article 4, paragraph 2 is replaced by the following:
"2. By way of derogation from paragraph 1, exceptions to the obligation to cross external borders only at border crossing points and during fixed opening hours may be allowed:
(a)
for individuals or groups of persons, where there is a requirement of a special nature for the occasional crossing of external borders outside border crossing points or outside fixed opening hours, provided that they are in possession of the permits required by national law and that there is no conflict with the interests of public policy and the internal security of the Member States. Member States may make specific arrangements in bilateral agreements. General exceptions provided for by national law and bilateral agreements shall be notified to the Commission pursuant to Article 34;
(b)
for individuals or groups of persons in the event of an unforeseen emergency situation;
(c)
in accordance with the specific rules set out in Articles 18 and 19 in conjunction with Annexes VI and VII.";
(5)
Article 5 is amended as follows:
(a)
paragraph 1 is amended as follows:
(i)
the introductory part is replaced by the following:
"1. For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay, the entry conditions for third-country nationals shall be the following:";
(ii)
point (a) is replaced by the following:
"(a)
they are in possession of a valid travel document entitling the holder to cross the border satisfying the following criteria:
(i)
its validity shall extend at least three months after the intended date of departure from the territory of the Member States. In a justified case of emergency, this obligation may be waived;
(ii)
it shall have been issued within the previous 10 years;";
(b)
the following paragraph is inserted:
"1a. For the purposes of implementing paragraph 1, the date of entry shall be considered as the first day of stay on the territory of the Member States and the date of exit shall be considered as the last day of stay on the territory of the Member States. Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the Member States.";
(c)
paragraph 4 is amended as follows:
(i)
point (a) is replaced by the following:
"(a)
third-country nationals who do not fulfil all the conditions laid down in paragraph 1 but who hold a residence permit or a long-stay visa shall be authorised to enter the territory of the other Member States for transit purposes so that they may reach the territory of the Member State which issued the residence permit or the long-stay visa, unless their names are on the national list of alerts of the Member State whose external borders they are seeking to cross and the alert is accompanied by instructions to refuse entry or transit;";
(ii)
in point (b), the first and second paragraphs are replaced by the following:
"(b)
third-country nationals who fulfil the conditions laid down in paragraph 1, except for that laid down in point (b), and who present themselves at the border may be authorised to enter the territory of the Member States, if a visa is issued at the border in accordance with Articles 35 and 36 of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (22).
Member States shall compile statistics on visas issued at the border in accordance with Article 46 of Regulation (EC) No 810/2009 and Annex XII thereto.
(6)
in Article 6(1), the first subparagraph is replaced by the following:
"1. Border guards shall, in the performance of their duties, fully respect human dignity, in particular in cases involving vulnerable persons.";
(7)
Article 7 is amended as follows:
(a)
in paragraph 2, the second, third and fourth subparagraphs are replaced by the following:
"The minimum check referred to in the first subparagraph shall be the rule for persons enjoying the right of free movement under Union law.
However, on a non-systematic basis, when carrying out minimum checks on persons enjoying the right of free movement under Union law, border guards may consult national and European databases in order to ensure that such persons do not represent a genuine, present and sufficiently serious threat to the internal security, public policy, international relations of the Member States or a threat to the public health.
The consequences of such consultations shall not jeopardise the right of entry of persons enjoying the right of free movement under Union law into the territory of the Member State concerned as laid down in Directive 2004/38/EC.";
(b)
in paragraph 5, the first subparagraph is replaced by the following:
"Without prejudice to the second subparagraph, third-country nationals subject to a thorough second line check shall be given written information in a language which they understand or may reasonably be presumed to understand, or in another effective way, on the purpose of, and the procedure for, such a check.";
(c)
paragraph 6 is replaced by the following:
"6. Checks on a person enjoying the right of free movement under Union law shall be carried out in accordance with Directive 2004/38/EC.";
(d)
the following paragraph is added:
"8. Where points (a) or (b) of Article 4(2) apply, Member States may also provide derogations from the rules set out in this Article.";
(8)
Article 9 is amended as follows:
(a)
paragraph 2 is replaced by the following:
"2.
(a)
Persons enjoying the right of free movement under Union law are entitled to use the lanes indicated by the sign in part A ("EU, EEA, CH") of Annex III. They may also use the lanes indicated by the sign in part B1 ("visa not required") and part B2 ("all passports") of Annex III.
Third-country nationals who are not obliged to possess a visa when crossing the external borders of the Member States in accordance with Regulation (EC) No 539/2001 and third-country nationals who hold a valid residence permit or long-stay visa may use the lanes indicated by the sign in part B1 ("visa not required") of Annex III to this Regulation. They may also use the lanes indicated by the sign in part B2 ("all passports") of Annex III to this Regulation.
(b)
All other persons shall use the lanes indicated by the sign in part B2 ("all passports") of Annex III.
The indications on the signs referred to in points (a) and (b) may be displayed in such language or languages as each Member State considers appropriate.
The provision of separate lanes indicated by the sign in part B1 ("visa not required") of Annex III is not obligatory. Member States shall decide whether to do so and at which border crossing points in accordance with practical needs.";
(b)
paragraph 5 is deleted;
(9)
Article 10 is amended as follows:
(a)
the title is replaced by the following: 'Stamping of the travel documents';
(b)
paragraph 2 is replaced by the following:
"2. The travel documents of nationals of third countries who are members of the family of a Union citizen to whom Directive 2004/38/EC applies, but who do not present the residence card provided for in that Directive, shall be stamped on entry and exit.
The travel documents of nationals of third countries who are members of the family of nationals of third countries enjoying the right of free movement under Union law, but who do not present the residence card provided for in Directive 2004/38/EC, shall be stamped on entry and exit.";
(c)
paragraph 3 is amended as follows:
(i)
in the first subparagraph, the following points are added:
"(f)
to the travel documents of crews of passengers and goods trains on international connections;
(g)
to the travel documents of nationals of third countries who present a residence card provided for in Directive 2004/38/EC.";
(ii)
the second subparagraph is replaced by the following:
"Exceptionally, at the request of a third-country national, insertion of an entry or exit stamp may be dispensed with if insertion might cause serious difficulties for that person. In that case, entry or exit shall be recorded on a separate sheet indicating that person's name and passport number. That sheet shall be given to the third-country national. The competent authorities of the Member States may keep statistics of such exceptional cases and may provide those statistics to the Commission.";
(10)
Article 11 is amended as follows:
(a)
paragraph 3 is replaced by the following:
"3. Should the presumption referred to in paragraph 1 not be rebutted, the third-country national may be returned in accordance with Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (23) and with national law respecting that Directive.
(b)
the following paragraph is added:
"4. The relevant provisions of paragraph 1 and 2 shall apply mutatis mutandis in the absence of an exit stamp.";
(11)
Article 12 is amended as follows:
(a)
paragraph 1 is replaced by the following:
"1. The main purpose of border surveillance shall be to prevent unauthorised border crossings, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. A person who has crossed a border illegally and who has no right to stay on the territory of the Member State concerned shall be apprehended and made subject to procedures respecting Directive 2008/115/EC";
(b)
paragraph 5 is replaced by the following:
"5. The Commission shall be empowered to adopt delegated acts in accordance with Article 33 concerning additional measures governing surveillance.";
(12)
in Article 13, paragraph 5 is replaced by the following:
"5. Member States shall collect statistics on the number of persons refused entry, the grounds for refusal, the nationality of the persons who were refused entry and the type of border (land, air or sea) at which they were refused entry and submit them yearly to the Commission (Eurostat) in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection (24).
(13)
in Article 15(1), the third subparagraph is replaced by the following:
"Member States shall ensure that the border guards are specialised and properly trained professionals, taking into account common core curricula for border guards established and developed by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States established by Council Regulation (EC) No 2007/2004. Training curricula shall include specialised training for detecting and dealing with situations involving vulnerable persons, such as unaccompanied minors and victims of trafficking. Member States, with the support of the Agency, shall encourage border guards to learn the languages necessary for the carrying-out of their tasks.";
(14)
in Article 18, the second paragraph is replaced by the following:
"Those specific rules may contain derogations from Articles 4 and 5 and Articles 7 to 13.";
(15)
in Article 19, paragraph 1 is amended as follows:
(a)
the following points are added to the first subparagraph:
"(g)
rescue services, police and fire brigades and border guards;
(h)
offshore workers.";
(b)
the second subparagraph is replaced by the following:
"Those specific rules may contain derogations from Articles 4 and 5 and Articles 7 to 13.";
(16)
in Article 21, point (d) is replaced by the following:
"(d)
the possibility for a Member State to provide by law for an obligation on third-country nationals to report their presence on its territory pursuant to the provisions of Article 22 of the Schengen Convention.";
(17)
Article 32 is replaced by the following:
"Article 32 -
Amendments to the Annexes
The Commission shall be empowered to adopt delegated acts in accordance with Article 33 concerning amendments to Annexes III, IV and VIII.";
(18)
Article 33 is replaced by the following:
"Article 33 -
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 12(5) and Article 32 shall be conferred on the Commission for an indeterminate period of time from 19 July 2013.
3. The delegation of powers referred to in Article 12(5) and Article 32 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 12(5) and Article 32 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.";
(19)
in Article 34, paragraph 1 is amended as follows:
(a)
point (a) is replaced by the following:
"(a)
the list of residence permits, distinguishing between those covered by point (a) of point 15 of Article 2 and those covered by point (b) of point 15 of Article 2 and accompanied by a specimen for permits covered by point (b) of point 15 of Article 2. Residence cards issued in accordance with Directive 2004/38/EC shall be specifically highlighted as such and specimens shall be provided for those residence cards which have not been issued in accordance with the uniform format laid down by Regulation (EC) No 1030/2002.";
(b)
the following points are added:
"(ea)
the exceptions to the rules regarding the crossing of the external borders referred to in point (a) of Article 4(2);
(eb)
the statistics referred to in Article 10(3).";
(20)
in Article 37, the first paragraph is replaced by the following:
"The Member States shall notify the Commission of national provisions relating to Article 21(c) and (d), the penalties as referred to in Article 4(3) and the bilateral agreements authorised by this Regulation. Subsequent changes to those provisions shall be notified within five working days.";
(21)
Annexes III, IV, VI, VII and VIII to Regulation (EC) No 562/2006 are amended in accordance with Annex I to this Regulation.
Article 2 -
Amendments to the Convention implementing the Schengen Agreement
The Convention implementing the Schengen Agreement is hereby amended as follows:
(1)
in Article 18(1), the words 'three months' are replaced by the words '90 days';
(2)
Article 20 is amended as follows:
(a)
in paragraph 1, the phrase 'three months during the six months following the date of first entry' is replaced by the phrase '90 days in any 180-day period';
(b)
in paragraph 2, the words 'three months' are replaced by the words '90 days';
(3)
Article 21 is amended as follows:
(a)
in paragraph 1, the phrase 'three months in any six-month' is replaced by the phrase '90 days in any 180-day';
(b)
paragraph 3 is deleted;
(4)
Article 22 is replaced by the following:
"Article 22
Aliens who have legally entered the territory of one of the Contracting Parties may be obliged to report, in accordance with the conditions laid down by each Contracting Party, to the competent authorities of the Contracting Party whose territory they enter. Such aliens shall report either on entry or within three working days of entry, at the discretion of the Contracting Party whose territory they enter.";
(5)
Article 136 is deleted.
Article 3 -
Amendment to Regulation (EC) No 1683/95
Article 5 of Regulation (EC) No 1683/95 is replaced by the following:
Article 5
For the purposes of this Regulation, ‧visa‧ means a visa as defined in Article 2(2)(a) of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (25).
Article 4 -
Amendments to Regulation (EC) No 539/2001
Regulation (EC) No 539/2001 is hereby amended as follows:
(1)
in Article 1(2), the first subparagraph is replaced by the following:
"Nationals of third countries on the list in Annex II shall be exempt from the requirement set out in paragraph 1 for stays of no more than 90 days in any 180-day period.";
(2)
Article 2 is replaced by the following:
"Article 2
For the purposes of this Regulation, ‧visa‧ means a visa as defined in Article 2(2)(a) of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (26).
Article 5 -
Amendment to Regulation (EC) No 767/2008
In Article 12(2)(a) of Regulation (EC) No 767/2008, point (iv) is replaced by the following:
"(iv)
has already stayed for 90 days during the current 180-day period on the territory of the Member States on the basis of a uniform visa or a visa with limited territorial validity;".
Article 6 -
Amendments to Regulation (EC) No 810/2009
Regulation (EC) No 810/2009 is hereby amended as follows:
(1)
in Article 1, paragraph 1 is replaced by the following:
"1. This Regulation establishes the procedures and conditions for issuing visas for transit through or intended stays on the territory of the Member States not exceeding 90 days in any 180-day period.";
(2)
in Article 2(2), point (a) is replaced by the following:
"(a)
transit through or an intended stay on the territory of the Member States of a duration of no more than 90 days in any 180-day period;";
(3)
in Article 25(1), point (b) is replaced by the following:
"(b)
when for reasons deemed justified by the consulate, a new visa is issued for a stay during the same 180-day period to an applicant who, over this 180-day period, has already used a uniform visa or a visa with limited territorial validity allowing for a stay of 90 days.";
(4)
in Article 32(1)(a), point (iv) is replaced by the following:
"(iv)
has already stayed for 90 days during the current 180-day period on the territory of the Member States on the basis of a uniform visa or a visa with limited territorial validity;";
(5)
Annexes VI, VII and XI to Regulation (EC) No 810/2009 are amended in accordance with Annex II to this Regulation.
Article 7 -
Entry into force
This Regulation shall enter into force on 19 July 2013.
Article 1(5)(a)(i), Article 1(5)(b), Article 2(1) and (2), Article 2(3)(a), Articles 3, 4, 5 and 6, point (3) of Annex I, and Annex II shall apply from 18 October 2013.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
