Annexes to COM(2011)118 - Amendment of the Schengen Borders Code and of the Convention implementing the Schengen Agreement - Main contents

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dossier	COM(2011)118 - Amendment of the Schengen Borders Code and of the Convention implementing the Schengen Agreement.
document	COM(2011)118
date	June 26, 2013

ANNEX I

The Annexes to Regulation (EC) No 562/2006 are hereby amended as follows:

(1)

Annex III is amended as follows:

(a)

Part B is replaced by the following:

"PART B1:

‧visa not required‧;

PART B2:

‧all passports‧.

";

(b)	in Part C, the following signs are inserted between the signs "EU, EEA, CH" and the signs "ALL PASSPORTS": " ";

(2)

in Annex IV, point 3, the first paragraph is replaced by the following:

"3.	On the entry and exit of third-country nationals subject to the visa obligation, the stamp shall, as a general rule, be affixed on the page facing the one on which the visa is affixed.";

(3)

in Annex V, part B, in the Standard form for refusal of entry at the border, letter (F) is replaced by the following:

"

(F)

has already stayed for 90 days in the preceding 180-day period on the territory of the Member States of the European Union";

(4)

Annex VI is amended as follows:

(a)

point 1 is amended as follows:

(i)

in point 1.1., the following point is added:

"1.1.4. Shared border crossing points

1.1.4.1.

Member States may conclude or maintain bilateral agreements with neighbouring third countries concerning the establishment of shared border crossing points, at which Member State border guards and third-country border guards carry out exit and entry checks one after another in accordance with their national law on the territory of the other party. Shared border crossing points may be located either on the territory of a Member State territory or on the territory of a third country.

1.1.4.2.

Shared border crossing points located on Member State territory: Bilateral agreements establishing shared border crossing points located on Member State territory shall contain an authorisation for third-country border guards to exercise their tasks in the Member State, respecting the following principles:

(a)	International protection: A third-country national asking for international protection on Member State territory shall be given access to relevant Member State procedures in accordance with the Union asylum acquis.

(b)

Arrest of a person or seizure of property: If third-country border guards become aware of facts justifying the arrest or placing under protection of a person or seizure of property, they shall inform Member State authorities of those facts and Member State authorities shall ensure an appropriate follow-up in accordance with national, Union and international law, independently of the nationality of the concerned person.

(c)

Persons enjoying the right of free movement under Union law entering Union territory: Third-country border guards shall not prevent persons enjoying the right of free movement under Union law from entering Union territory. If there are reasons justifying refusal of exit from the third country concerned, third-country border guards shall inform Member State authorities of those reasons and Member State authorities shall ensure an appropriate follow-up in accordance with national, Union and international law.

1.1.4.3.

Shared border crossing points located on third-country territory: Bilateral agreements establishing shared border crossing points located on third-country territory shall contain an authorisation for Member State border guards to perform their tasks in the third country. For the purpose of this Regulation, any check carried out by Member State border guards in a shared border crossing point located on the territory of a third country shall be deemed to be carried out on the territory of the Member State concerned. Member State border guards shall exercise their tasks in accordance with Regulation (EC) No 562/2006 and respecting the following principles:

(a)

International protection: A third-country national who has passed exit control by third-country border guards and subsequently asks Member State border guards present in the third country for international protection, shall be given access to relevant Member State procedures in accordance with Union asylum acquis. Third-country authorities shall accept the transfer of the person concerned into Member State territory.

(b)

Arrest of a person or seizure of property: If Member State border guards become aware of facts justifying the arrest or placing under protection of a person or seizure of property, they shall act in accordance with national, Union and international law. Third-country authorities shall accept a transfer of the person or object concerned into Member State territory.

(c)

Access to IT systems: Member State border guards shall be able to use information systems processing personal data in accordance with Article 7. Member States shall be allowed to establish the technical and organisational security measures required by Union law to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, including access by third-country authorities.

1.1.4.4.

Before concluding or amending any bilateral agreement on shared border crossing points with a neighbouring third country, the Member State concerned shall consult the Commission as to the compatibility of the agreement with Union law. Pre-existing bilateral agreements shall be notified to the Commission by 20 January 2014.

If the Commission considers the agreement to be incompatible with Union law, it shall notify the Member State concerned. The Member State shall take all appropriate steps to amend the agreement within a reasonable period in such a way as to eliminate the incompatibilities established.";

(ii)

in point 1.2., points 1.2.1. and 1.2.2. are replaced by the following:

"1.2.1.

Checks shall be carried out both on train passengers and on railway staff on trains crossing external borders, including those on goods trains or empty trains. Member States may conclude bilateral or multilateral agreements on how to conduct those checks respecting the principles set out in point 1.1.4. Those checks shall be carried out in one of the following ways:

—	in the first station of arrival or last station of departure on the territory of a Member State,

—	on board the train, during transit between the last station of departure in a third country and the first station of arrival on the territory of a Member State or vice versa,

—	in the last station of departure or the first station of arrival on the territory of a third country.

1.2.2.

In addition, in order to facilitate rail traffic flows of high-speed passenger trains, the Member States on the itinerary of these trains from third countries may also decide, by common agreement with third countries concerned respecting the principles set out in point 1.1.4., to carry out entry checks on persons on trains from third countries in either one of the following ways:

—	in the stations in a third country where persons board the train,

—	in the stations where persons disembark within the territory of the Member States,

—	on board the train during transit between stations on the territory of a third country and stations on the territory of the Member States, provided that the persons stay on board the train.";

(b)

point 3.1. is replaced by the following:

"3.1 General checking procedures on maritime traffic

3.1.1.

Checks on ships shall be carried out at the port of arrival or departure, or in an area set aside for that purpose, located in the immediate vicinity of the vessel or on board ship in the territorial waters as defined by the United Nations Convention on the Law of the Sea. Member States may conclude agreements according to which checks may also be carried out during crossings or, upon the ship's arrival or departure, on the territory of a third country, respecting the principles set out in point 1.1.4.

3.1.2.

The master, the ship's agent or some other person duly authorised by the master or authenticated in a manner acceptable to the public authority concerned (in both cases hereinafter referred to as ‧the master‧), shall draw up a list of the crew and any passengers containing the information required in the forms 5 (crew list) and 6 (passenger list) of the Convention on Facilitation of International Maritime Traffic (FAL Convention) as well as, where applicable, the visa or residence permit numbers:

—	at the latest twenty-four hours before arriving in the port, or

—	at the latest at the time the ship leaves the previous port, if the voyage time is less than twenty-four hours, or

—	if the port of call is not known or it is changed during the voyage, as soon as this information is available.

The master shall communicate the list(s) to the border guards or, if national law so provides, to other relevant authorities which shall forward the list(s) without delay to the border guards.

3.1.3.

A confirmation of receipt (signed copy of the list(s) or an electronic receipt confirmation) shall be returned to the master by the border guards or by the authorities referred to in point 3.1.2., who shall produce it on request when the ship is in port.

3.1.4.

The master shall promptly report to the competent authority any changes to the composition of the crew or the number of passengers.

In addition, the master shall notify the competent authorities promptly, and within the time-limit set out in point 3.1.2., of the presence on board of stowaways. Stowaways, however, remain under the responsibility of the master.

By way of derogation from Articles 4 and 7, no systematic border checks shall be carried out on persons staying aboard. Nevertheless a search of the ship and checks on the persons staying aboard shall be carried out by border guards only when this is justified on the basis of an assessment of the risks related to internal security and illegal immigration.

3.1.5.

The master shall notify the competent authority of the ship's departure in due time and in accordance with the rules in force in the port concerned.";

(c)

point 3.2. is amended as follows:

(i)

point 3.2.1. is replaced by the following:

"3.2.1.

The cruise ship's master shall transmit to the competent authority the itinerary and the programme of the cruise, as soon as they have been established and no later than within the time-limit set out in point 3.1.2.";

(ii)	in point 3.2.2., the second paragraph is replaced by the following: "Nevertheless, checks shall be carried out on the crew and passengers of those ships only when this is justified on the basis of an assessment of the risks related to internal security and illegal immigration.";

(iii)

in point 3.2.3.(a) and(b), the reference "point 3.2.4" is replaced by the reference "point 3.1.2.";

(iv)	in point 3.2.3.(e), the second subparagraph is replaced by the following: "Nevertheless, checks shall be carried out on the crew and passengers of those ships only when this is justified on the basis of an assessment of the risks related to internal security and illegal immigration.";

(v)	point 3.2.4. is deleted;

(vi)	in point 3.2.9., the second paragraph is deleted;

(vii)

in point 3.2.10., the following point is added:

"(i)

point 3.1.2. (obligation to submit passenger and crew lists) does not apply. If a list of the persons on board has to be drawn up in accordance with Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community (1), a copy of that list shall be transmitted not later than thirty minutes after departure from a third-country port by the master to the competent authority of the port of arrival on the territory of the Member States.

(viii)

the following point is added:

"3.2.11.

Where a ferry coming from a third country with more than one stop within the territory of the Member States takes passengers on board only for the remaining leg within that territory, those passengers shall be subject to an exit check at the port of departure and an entry check at the port of arrival.

Checks on persons who, during those stop-overs, are already on board the ferry and have not boarded in the territory of the Member States shall be carried out at the port of arrival. The reverse procedure shall apply where the country of destination is a third country.";

(ix)

the following titled point is added:

"Cargo connections between Member States

3.2.12.

By way of derogation from Article 7, no border checks shall be carried out on cargo connections between the same two or more ports situated on the territory of the Member States, not calling at any ports outside the territory of the Member States and consisting of the transport of goods.

Nevertheless, checks shall be carried out on the crew and passengers of those ships only when they are justified on the basis of an assessment of the risks relating to internal security and illegal immigration.";

(5)

Annex VII is amended as follows:

(a)

in point 3, points 3.1. and 3.2. are replaced by the following:

"By way of derogation from Articles 4 and 7, Member States may authorise seamen holding a seafarer's identity document issued in accordance with the International Labour Organization (ILO) Seafarers' Identity Documents Convention No 108 (1958) or No 185 (2003), the Convention on Facilitation of International Maritime Traffic (FAL Convention) and the relevant national law, to enter the territory of the Member States by going ashore to stay in the area of the port where their ships call or in the adjacent municipalities, or exit the territory of the Member States by returning to their ships, without presenting themselves at a border crossing point, on condition that they appear on the crew list, which has previously been submitted for checking by the competent authorities, of the ship to which they belong.

However, on the basis of an assessment of the risks of internal security and illegal immigration, seamen shall be subject to a check in accordance with Article 7 by the border guards before they go ashore.";

(b)

in point 6, the following points are added:

"6.4.

Member States shall nominate national contact points for consultation on minors and inform the Commission thereof. A list of these national contact points shall be made available to the Member States by the Commission.

6.5.	Where there is doubt as to any of the circumstances set out in points 6.1. to 6.3., border guards shall make use of the list of national contact points for consultation on minors.";

(c)

the following points are added:

"7. Rescue services, police, fire brigades and border guards

The arrangements for the entry and exit of members of rescue services, police, fire brigades acting in emergency situations as well as border guards crossing the border in exercise of their professional tasks shall be laid down by national law. Member States may conclude bilateral agreements with third countries on the entry and exit of those categories of persons. These arrangements and bilateral agreements may provide for derogations from Articles 4, 5 and 7.

8. Offshore workers

By way of derogation from Articles 4 and 7, offshore workers as defined in Article 2, point 18a, who regularly return by sea or air to the territory of the Member States without having stayed on the territory of a third country shall not be systematically checked.

Nevertheless, an assessment of the risks of illegal immigration, in particular where the coastline of a third country is located in the immediate vicinity of an offshore site, shall be taken into account in order to determine the frequency of the checks to be carried out.";

(6)

in Annex VIII, the standard form is amended as follows:

(a)	the words "entry stamp" are replaced by the words "entry or exit stamp";

(b)	the word "entered" is replaced by the words "entered or left".

(1) OJ L 188, 2.7.1998, p. 35.";

ANNEX II

Annexes to Regulation (EC) No 810/2009 are hereby amended as follows:

(1)

in Annex VI, in the "Standard form for notifying and motivating refusal, annulment or revocation of a visa", point 4 is replaced by the following:

"4.



you have 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";

(2)	in Annex VII, point 4, the fourth paragraph is replaced by the following: "When a visa is valid for more than six months, the duration of stays is 90 days in any 180-day period.";

(3)	in Annex XI, Article 5(2) is replaced by the following: "2. The visa issued shall be a uniform, multiple-entry visa authorising a stay of not more than 90 days for the duration of the Olympic and/or Paralympic Games.".