Regulation 2004/2133 - Requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the common manual to this end

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This regulation was in effect from December 16, 2004 until October 12, 2006.

2.

Key information

official title

Council Regulation (EC) No 2133/2004 of 13 December 2004 on the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the common manual to this end
 
Legal instrument Regulation
Number legal act Regulation 2004/2133
Original proposal COM(2003)664 EN
CELEX number23 32004R2133

3.

Key dates

Document 13-12-2004
Publication in Official Journal 16-12-2004; OJ L 153M , 7.6.2006,OJ L 369 p. 5-10
Effect 16-12-2004; Entry into force Date pub. See Art 6
01-01-2005; Application See Art 6
End of validity 12-10-2006; Repealed by 32006R0562

4.

Legislative text

16.12.2004   

EN

Official Journal of the European Union

L 369/5
 

COUNCIL REGULATION (EC) No 2133/2004

of 13 December 2004

on the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the common manual to this end

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

 

(1)

The European Council held in Seville on 21 and 22 June 2002 called for closer co-operation in combating illegal immigration and called on the Commission and the Member States to take operational steps to ensure an equivalent level of control and surveillance of external borders.
 

(2)

The provisions of the Convention implementing the Schengen Agreement of 14 June 1985 (2), and of the common manual (3) concerning the crossing of external borders lack clarity and precision as regards the obligation to affix stamps to the travel documents of third-country nationals when they cross external borders. As a result, such provisions lead to divergent practices in the Member States and make it difficult to check whether the conditions relating to the duration of short stays for such third country nationals on the territory of the Member States are fulfilled, namely a maximum of three months in any six-month period.
 

(3)

At its meeting of 27 and 28 February 2003, the Council expressed support for the Commission's intention to clarify the existing rules in this area, notably by specifying, by way of a proposal for a Council Regulation the obligation for the Member States to stamp systematically third country nationals' travel documents on entry and exit at external border crossings.
 

(4)

In its Conclusions of 8 May 2003 the Council called for separate control lanes for different nationalities, differentiated by signs. Specific Community rules on local border traffic should improve the management of external borders by the services responsible, making it easier to overcome any practical difficulties arising from the requirement to stamp third country nationals' travel documents systematically. These measures will also help to ensure that any measures relaxing checks on persons at external borders are exceptional.
 

(5)

The obligation on the Member States to stamp third-country nationals' travel documents systematically when they enter the territory of the Member States provides, in conjunction with the limitation regarding the circumstances in which measures relaxing checks on persons at external borders may be adopted, the possibility of presuming, in the absence of a stamp on such travel documents, that their holder is not, or is no longer, respecting the conditions relating to the duration of a short stay.
 

(6)

However, it should be possible for the third country national concerned to overturn this presumption by any form of relevant and credible proof. In such cases, the competent national authorities should certify the date and the place of the relevant border crossing so as to provide the third country national concerned with evidence of the compliance with the conditions relating to the duration of the stay.
 

(7)

The stamping of the travel document makes it possible to establish, with certainty, the date and place of the crossing of the border, without establishing in all cases that all the required travel document control measures have been carried out.
 

(8)

This Regulation should also define the categories of persons whose documents do not have to...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

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The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

8.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.

  • 1. 
    OJ C
     
  • 2. 
    OJ C
     
  • 3. 
    OJ L 239, 22.9.2000, p. 19. Convention modified by decision 2003/170/JAI (OJ L 67, 12.3.2003, p. 27).

     
  • 4. 
    OJ C 313, 16.12.2002, p. 97.

     
  • 5. 
    OJ L 176, 10.7.1999, p. 36.

     
  • 6. 
    OJ L 176, 10.7.1999, p. 31.

     
  • 7. 
    OJ L 131, 1.6.2000, p.43.

     
  • 8. 
    OJ L 64, 7.3.2002, p. 20.

     
  • 9. 
    OJ C
     
  • 10. 
    OJ C 313, 16.12.2002, p. 97.

     
  • 11. 
    OJ L 176, 10.7.1999, p. 36.

     
  • 12. 
    OJ C
     
  • 13. 
    OJ C
     
  • 14. 
    OJ L 239, 22.9.2000, p. 19. Convention modified by decision 2003/170/JAI (OJ L 67, 12.3.2003, p. 27).

     
  • 15. 
    OJ C 313, 16.12.2002, p. 97.

     
  • 16. 
    OJ L 176, 10.7.1999, p. 36.

     
  • 17. 
    OJ L 176, 10.7.1999, p. 31.

     
  • 18. 
    OJ L 131, 1.6.2000, p.43.

     
  • 19. 
    OJ L 64, 7.3.2002, p. 20.

     
  • 20. 
    OJ C
     
  • 21. 
    OJ C 313, 16.12.2002, p. 97.

     
  • 22. 
    OJ L 176, 10.7.1999, p. 36.

     
  • 23. 
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  • 24. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.