Regulation 2010/265 - Amendment of the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa - Main contents
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official title
Regulation (EU) No 265/2010 of the European Parliament and of the Council of 25 March 2010 amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2010/265 |
| Original proposal | COM(2009)91  |
| CELEX number i | 32010R0265 |
| Document | 25-03-2010 |
|---|---|
| Publication in Official Journal | 31-03-2010; OJ L 85, 31.3.2010,Special edition in Croatian: Chapter 19 Volume 010 |
| Effect | 05-04-2010; Entry into force See Art 6 |
| End of validity | 11-04-2016; Partial end of validity Art. 2 Implicitly repealed by 32016R0399 31-12-9999 |
31.3.2010 |
EN |
Official Journal of the European Union |
L 85/1 |
REGULATION (EU) No 265/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 March 2010
amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(b) and (c) and Article 79(2)(a) thereof,
Having regard to the proposals from the European Commission,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
The Convention Implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (2) (the Schengen Convention) lays down rules on long-stay visas that enable their holders to transit through the territories of the Member States. 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) (3) lays down entry conditions for third-country nationals. In order to facilitate the free movement of third-country nationals who hold national long-stay visas within the territory of Member States fully implementing the Schengen acquis (the Schengen Area), further measures should be taken. |
(2) |
Member States should replace long-stay visas by residence permits in due time following the entry into their territory of third-country nationals legally residing on the basis of a long-stay visa in order to enable them to travel to other Member States during their stay or to transit through the territories of other Member States when returning to their home country. However, following the entry of third-country nationals into their territory, Member States increasingly do not replace long-stay visas by residence permits or do so only after considerable delay. This legal and practical situation has significant negative consequences on the freedom of movement within the Schengen Area of third-country nationals legally residing in a Member State on the basis of a long-stay visa. |
(3) |
In order to overcome the problems encountered by third-country nationals residing in a Member State on the basis of a long-stay visa, this Regulation should extend the principle of equivalence between residence permits and short-stay visas issued by the Member States fully implementing the Schengen acquis to long-stay visas. As a result, a long-stay visa should have the same effects as a residence permit as regards the freedom of movement of the holder in the Schengen Area. |
(4) |
A third-country national holding a long-stay visa issued by a Member State should therefore be allowed to travel to other Member States for three months in any six-month period, under the same conditions as the holder of a residence permit. This Regulation does not affect the rules regarding the conditions for issuing long-stay visas. |
(5) |
In line with the current practice of the Member States, this Regulation establishes the obligation for Member States to issue long-stay visas in the uniform format for visas as set out in Council Regulation (EC) No 1683/95 (4). |
(6) |
The rules on consulting the Schengen Information System and the other Member States in the event of an alert when processing an application for a residence permit should also apply to the processing of long-stay visa applications. The freedom of movement of a holder of a long-stay visa in the other Member States therefore should not constitute any additional security risk for the Member... |
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