Annexes to COM(2001)388 - Conditions in which third-country nationals shall have the freedom to travel in the territory of the Member States for periods not exceeding three months, introducing a specific travel authorisation and determining the conditions of entry and movement for periods not exceeding six months

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dossier COM(2001)388 - Conditions in which third-country nationals shall have the freedom to travel in the territory of the Member States for ...
document COM(2001)388 EN
date July 10, 2001
ANNEX I

The Common Consular Instructions are amended as follows :

1) In part I, item 1, the following paragraph is added :

"However, the holder of a long-stay visa shall travel freely for a maximum period of three months in the territory of the Member States after applying for a residence permit to the state which issued the long-stay visa."

2) In Part I, point 2.2 shall be replaced by the following :

'Visas for stays exceeding three months shall be national visas issued by one of the Member States in accordance with its national law.

Such visas shall have the status of uniform transit visa and shall enable their holders to reach the territory of the Member State that issued it, provided that the duration of such transit shall not exceed five days from the date of entry, unless they fail to fulfil the entry conditions or are on the national list of alerts of the Member State through the territory of which they seek to transit.

However, the holder of a long-stay visa shall travel freely for a maximum period of three months in the territory of the Member States after applying for a residence permit to the state which issued the long-stay visa. This application shall be confirmed by a stamp placed in the travel document by the authority to which the request was presented.'

3) In part I, item 2, the following point is added :

« 2.5. Specific travel authorisation: Specific travel authorisation enabling a third-country national to request entry into the territory of the Member States for reasons other than immigration, with a view to an uninterrupted stay or to several stays the total duration of which does not exceed six months during any given period of twelve months from the date of first entry without remaining more than three months in the territory of the same Member State.

The provisions of the Common Consular Instruction and Annexes 1, 5, 7, 9, 10, 11, 12, 13, 14 and 15 thereto shall apply mutatis mutandis to the issue of the specific travel authorisation.

This authorisation may be issued for one or more entries".

4) In part IV, the following point is added :

The specific travel authorisation shall be issued only if the following conditions laid down by the following articles are met :

Article 9

1. The specific travel authorisation shall be issued on application from the third-country national by the diplomatic and consular authorities of the Member States prior to entry into the territory of the Member States, provided he meets the conditions laid down by Article 5(1)(a), (c), (d) and (e).

Article 5

1. Third-country nationals holding a uniform visa shall travel freely in the territory of all Member States throughout the period of validity of such visa, provided they :

a) possess a valid travel document or documents authorising them to cross external borders;

b) are in possession of a visa valid for the duration of envisaged stay;

c) produce, if necessary, documents justifying the purpose and conditions of the intended stay and that they have sufficient means of subsistence, both for the period of the intended stay and for the return to their country of origin or transit to a third State into which they are certain to be admitted, or are in a position to acquire such means lawfully;

d) are not persons for whom an alert has been issued for the purposes of refusing entry; and

e) are not considered to be a threat to public policy, national security or the international relations of any of the Member States.


ANNEX II

The Common Manual is amended as follows :

1. In part I, item 1.1, the following paragraph is added :

"A person bearing a specific travel authorisation who has lawfully entered the territory of a Member State by the external border shall move in the territory of all the Member States for a period of no more than six months in any given twelve-month period without remaining more than three months in the territory of the same Member State."

2. At item 3 of part I, the following indent is added to the last paragraph :

"specific travel authorisation"

3. At item 3.3.1 of part I, the following paragraph is added :

However, the holder of a long-stay visa shall travel freely for a maximum period of three months in the territory of the Member States after applying for a residence permit to the state which issued the long-stay visa. This application shall be confirmed by a stamp placed in the travel document by the authority to which the request was presented.'

4. In part I, the following point is added :

« 3.4. Specific travel authorisation :

This specific travel authorisation enables its holder to move in the territory of the Member States for a period of no more than six months without staying more than three months in the territory of the same Member State, provided he meets the conditions laid down by Article 8 of the Directive relating to the conditions under which third-country nationals shall have the freedom to travel in the territory of the Member States for periods not exceeding three months, introducing a specific travel authorisation and determining the conditions of entry and movement for periods not exceeding six months.

Article 8

1. Third country nationals shall enter in the territory of the Member States to move therein for a period of no more than six months during any given twelve-month period from the date of first entry, without staying more than three months in the territory of the same Member State, provided they :

- carry a valid specific travel authorisation, issued by a Member State; and

- meet the conditions laid down by Article 5(1)(a), (c), (d) and (e).

2. Paragraph 1 shall not affect each Member State's right to extend beyond three months a third-country national's stay in its territory in exceptional circumstances.

Article 5

1. Third-country nationals holding a uniform visa shall travel freely in the territory of all Member States throughout the period of validity of such visa, provided they:

a) possess a valid travel document or documents authorising them to cross external borders;

b) are in possession of a visa valid for the duration of envisaged stay;

c) produce, if necessary, documents justifying the purpose and conditions of the intended stay and that they have sufficient means of subsistence, both for the period of the intended stay and for the return to their country of origin or transit to a third State into which they are certain to be admitted, or are in a position to acquire such means lawfully;

d) are not persons for whom an alert has been issued for the purposes of refusing entry; and

e) are not considered to be a threat to public policy, national security or the international relations of any of the Member States.

5. In part II item 5, the following item 5.7 is added :

"5.7 A specific travel authorisation may not be issued at the border."