Schengen Borders Code
This regulation is intended to improve the legislative part of the integrated border management European Union policy by setting out the rules on the border control of persons crossing EU external borders and on the temporary reintroduction of border control at internal borders.
ACT
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) (see amending acts).
SUMMARY
This regulation applies to any person crossing the external borders of all EU countries, except those of the United Kingdom and Ireland, and the internal borders of the Schengen area (a border-free area comprising 22 EU countries, along with Iceland, Liechtenstein, Norway and Switzerland).
External borders
External borders may be crossed only at border crossing points and during the fixed opening hours.
When crossing an external border, EU citizens and other persons enjoying the right of free movement under Union law (such as the family members of an EU citizen) undergo a minimum check. This minimum check is carried out to establish their identity on the basis of their travel documents and consists of a rapid and straightforward verification of the validity of the documents (including, where appropriate, the consultation of databases on stolen, misappropriate, lost and invalidated documents) and a check for signs of falsification or counterfeiting.
Non-EU-country nationals are subject to thorough checks. These comprise a verification of the entry conditions as described below, including verification in the visa information system (VIS), where applicable.
For stays not exceeding 90 days in any 180-day period, a non EU-country national must:
The travel documents of non-EU nationals are systematically stamped upon entry and exit. If a travel document does not bear an entry stamp, it may be presumed that the holder does not fulfil, or no longer fulfils, the conditions of duration of a short stay. However, the non-EU-country national may provide any credible evidence of having respected the conditions relating to the duration of a short stay, such as transport tickets or proof of his/her presence outside the territory of the EU countries. On the request of a non-EU-country national, the insertion of an entry or exit stamp may be dispensed with if this insertion is liable to cause difficulties for the person. Instead, the stamp must be recorded on a separate sheet indicating the person’s name and passport number.
Border checks are carried out by border guards . When performing their duties, border guards must fully respect human dignity and may not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
The Schengen Borders Code allows EU countries to establish shared border crossing points with their non-EU neighbours, at which border guards from each country carry out exit and entry checks one after the other in accordance with their national law, either on the territory of the EU country concerned or on the territory of a non-EU country.
EU countries must deploy appropriate staff and resources in sufficient numbers to ensure a high and uniform level of control at their external borders. They must ensure that border guards are specialised and properly trained professionals.
EU countries assist each other with the effective application of border controls. Operational cooperation is coordinated by the European Agency for the Management of Operational Cooperation at the External Borders
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV:l14514
This regulation is intended to improve the legislative part of the integrated border management European Union policy by setting out the rules on the border control of persons crossing EU external borders and on the temporary reintroduction of border control at internal borders.
ACT
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) (see amending acts).
SUMMARY
This regulation applies to any person crossing the external borders of all EU countries, except those of the United Kingdom and Ireland, and the internal borders of the Schengen area (a border-free area comprising 22 EU countries, along with Iceland, Liechtenstein, Norway and Switzerland).
External borders
External borders may be crossed only at border crossing points and during the fixed opening hours.
When crossing an external border, EU citizens and other persons enjoying the right of free movement under Union law (such as the family members of an EU citizen) undergo a minimum check. This minimum check is carried out to establish their identity on the basis of their travel documents and consists of a rapid and straightforward verification of the validity of the documents (including, where appropriate, the consultation of databases on stolen, misappropriate, lost and invalidated documents) and a check for signs of falsification or counterfeiting.
Non-EU-country nationals are subject to thorough checks. These comprise a verification of the entry conditions as described below, including verification in the visa information system (VIS), where applicable.
For stays not exceeding 90 days in any 180-day period, a non EU-country national must:
- possess a valid travel document;
- possess a valid visa, if required;
- justify the purpose of his/her intended stay and have sufficient means of subsistence;
- not have an alert issued for him/her in the Schengen information system (SIS) for the purpose of refusing entry;
- not be considered a threat to public policy, internal security, public health or the international relations of EU countries.
The travel documents of non-EU nationals are systematically stamped upon entry and exit. If a travel document does not bear an entry stamp, it may be presumed that the holder does not fulfil, or no longer fulfils, the conditions of duration of a short stay. However, the non-EU-country national may provide any credible evidence of having respected the conditions relating to the duration of a short stay, such as transport tickets or proof of his/her presence outside the territory of the EU countries. On the request of a non-EU-country national, the insertion of an entry or exit stamp may be dispensed with if this insertion is liable to cause difficulties for the person. Instead, the stamp must be recorded on a separate sheet indicating the person’s name and passport number.
Border checks are carried out by border guards . When performing their duties, border guards must fully respect human dignity and may not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
The Schengen Borders Code allows EU countries to establish shared border crossing points with their non-EU neighbours, at which border guards from each country carry out exit and entry checks one after the other in accordance with their national law, either on the territory of the EU country concerned or on the territory of a non-EU country.
EU countries must deploy appropriate staff and resources in sufficient numbers to ensure a high and uniform level of control at their external borders. They must ensure that border guards are specialised and properly trained professionals.
EU countries assist each other with the effective application of border controls. Operational cooperation is coordinated by the European Agency for the Management of Operational Cooperation at the External Borders
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV:l14514