
Article 1 
The purpose of this Regulation is:

— to reiterate the obligation for the competent authorities of the Member States to stamp systematically third-country nationals' travel documents when they cross the external borders of the Member States;
— to specify the conditions under which the absence of an entry stamp on third country nationals' travel documents may constitute a presumption that the authorised duration of a short stay by such nationals on the territory of the Member States has been exceeded.
Article 2 
The provisions of the Convention implementing the Schengen Agreement are hereby amended as follows:

1.. Article 6(2)(e) shall be replaced by the following:
'
e)) If in exceptional and unforeseen circumstances requiring immediate measures such checks cannot be carried out, priorities must be set. In that case, entry checks shall as a rule take priority over exit checks';
2.. The following Articles shall be inserted:
'
Article 6a 
The travel documents of third-country nationals referred to in Article 5(1)(a), shall be systematically stamped on entry and exit.
Article 6b 

1. If the travel document of a third-country national does not bear an entry stamp, the competent national authorities may presume that the holder does not fulfil, or no longer fulfils, the conditions of duration of stay applicable within the Member State concerned.
2. This presumption may be rebutted where the third-country national provides, by any means, credible evidence such as transport tickets or proof of his or her presence outside the territory of the Member States, which shows that he or she has respected the conditions relating to the duration of a short stay.In such cases:
(a)) where the third-country national is found on the territory of the Member States applying the Schengen acquis in full, the competent authorities shall indicate, in accordance with national law and practice, in the third-country national's travel document the date on which, and the place where, the person has crossed the external border of one of these Member States;
(b)) where the third-country national is found on the territory of a Member State in respect of which the decision contemplated in Article 3(2) of the 2003 Act of Accession has not been taken, the competent authorities shall indicate, in accordance with national law and practice, in the third-country national's travel document the date on which, and the place where, the person has crossed the external border of that Member State;
(c)) in addition to the indication as referred to in (a) and (b), a form as shown in the Annex may be given to the third-country national concerned;
(d)) Member States shall inform each other and the Commission and the Council Secretariat of their national practices with regard to the indication referred to in this Article.
3. Should the presumption referred to in paragraph 1 not be rebutted, the third-country national may be expelled by the competent authorities from the territory of the Member States concerned.'.
Article 3 
Part II of the common manual is hereby amended as follows:

1.. Point 1.3.5. shall be replaced by the following:
'
1.3.5. Checks at land borders may be relaxed as a result of exceptional and unforeseen circumstances. This will be the case where unforeseen events lead to such intensity of traffic that the delay in the time taken to reach checking posts becomes excessive, and all resources have been exhausted as regards staff, facilities and organisation.
'.
2.. The following point shall be inserted:
'
1.3.5.4. Even in the event of checks being relaxed, the officials locally responsible for border checks must stamp the travel documents of third-country nationals both on entry and exit.
'.
3.. Point 2.1.1. is hereby amended as follows:

a)) The introductory phrase of the first subparagraph shall be replaced by the following:
'
2.1.1. On entry into, or exit from, the territory of a Member State, a stamp shall be affixed to
';
b)) The second subparagraph shall be replaced by the following:
'No entry or exit stamp shall be affixed to the documents of citizens of the European Union, nationals of the countries of the European Economic Area, nationals of the Swiss Confederation.In addition, entry and exit stamps shall not be affixed to documents of nationals of third countries who are family members of citizens of the European Union, of nationals of the countries of the European Economic Area or of nationals of the Swiss Confederation provided that they present a residence card issued by a Member State or by one of these third States in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.'.
4.. The following indent shall be added to point 2.1.5.:
'
— on the travel documents of the beneficiaries of bilateral agreements on local border traffic that do not provide for the stamping of these documents, if these bilateral agreements are in accordance with Community law'.
5.. The following subparagraph shall be added to point 3.4.2.3.:
'Even in the event of a relaxation of the checks, the officials responsible must proceed in accordance with point 1.3.5.4.'
Article 4 
The text appearing to the Annex shall be annexed to the common manual.
Article 5 
The Commission shall report to the Council on the operation of this Regulation at the latest three years after its entry into force.
Article 6 
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 December 2005.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.Done at Brussels, 13 December 2004
For the Council
The President
B. R. BOT
ANNEX


ANNEX 16 



