Annexes to COM(2014)163 - Touring visa and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 562/2006 and (EC) No 767/2008

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dossier COM(2014)163 - Touring visa and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 562/2006 and (EC) No ...
document COM(2014)163 EN
date April  1, 2014
agreement concluded before the entry into force of this Convention.’

[11]             ‘A visa with limited territorial validity shall be issued exceptionally, in the following cases: […] (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.’

[12]             SWD(2014) 68.

[13]             COM(2014) 164.

[14]             The IA also notes that it is very difficult to assess economic and financial impacts in this area due to the lack of data and solid methodology for estimations, so the numbers referred to in this paragraph shall be dealt with with caution.

[15]             OJ L 218, 13.8.2008, p. 60.

[16]             COM(2014) 164.

[17]             Amendments to the Visa Code recast proposal during the legislative process will therefore also have to be reflected in this proposal.

[18]             As mentioned earlier, third-country nationals, being visa required or not, under the short-stay regime can stay up to 90 days in any 180-day period in the Schengen area, which can also mean a stay solely in one Member State. Depending on the entries and exits, it means that in a 1-year period the maximum length of legal stay is 180 days (2 x 90 days). Due to the fact that touring visas could be issued for up to 1 year (360 days), the reference to the ‘180-day period’ is necessary to ensure that holders of touring visas would not get less in terms of length of authorised stays in a same Member State than visa-free third-country nationals or holders of a multiple entry short-stay visa issued with a validity of 2 years or more. Absence of reference to the ‘180-day period’, for example, would mean that while a Russian citizen with a multiple entry short-stay visa valid for 1 year, can, in principle stay for (a non-consecutive) 180 days in the same Member State within the 1 year validity of the visa, a holder of a 1 year valid touring visa could only stay for 90 days in the same Member State within the validity of his touring visa.

[19]             OJ L, 157, 15.6.2002, p. 1.

[20]             SCH/Com-ex (98) 24 of 23.6.1998.

[21]             COM(2013) 95 final, 28.2.2013.

[22]             The proposal for a Decision of the European Parliament and of the Council introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by Croatia and Cyprus of certain documents as equivalent to their national visas for transit through or intended stays on their territories not exceeding 90 days in any 180-day period and repealing Decision No 895/2006/EC and Decision No 582/2008/EC of the European Parliament and the Council (COM(2013) 441 final, 21.6.2013) will surely be adopted well before the adoption of this Proposal. Once this new ‘Transit Decision’ is adopted, a new Article is to be added to this proposal with a view to integrating the touring visa into Article 2 of the future Decision. In the expectation that the new Decision will repeal Decision No 895/2006/EC and Decision No 582/2008/EC, this Proposal does not contain a provision amending the latter decisions.

[23]             OJ L, 176, 10.7.1999, p. 36.

[24]             OJ L, 53, 27.2.2008, p. 52.

[25]             OJ L 160, 18.6.2011, p. 19.

[26]             OJ C , , p. .

[27]             OJ C , , p. .

[28]             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, OJ L 239, 22.9.2000, p. 19.

[29]             Regulation (EU) No xxx/201x of the European Parliament and of the Council of xxx establishing a Union Code on Visas (Visa Code) (recast) (OJ L x, xxx, p. x).

[30]             Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).

[31]             Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L, 81, 21.3.2001, p. 1).

[32]             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) (OJ L 105, 13.4.2006, p. 1).

[33]             Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

[34]             Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

[35]             Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis  (OJ L 131, 1.6.2000, p. 43).

[36]             Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

[37]             OJ L 176, 10.7.1999, p. 36.

[38]             Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).

[39]             OJ L 53, 27.2.2008, p. 52.

[40]             Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

[41]             OJ L 160, 18.6.2011, p. 21.

[42]             Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

[43]             Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995, p. 1).