OpenLegislation

Annex

United Kingdom

Original text. Later amendments are not shown.

Annexes to Regulation (EU) 2016/399 are amended as follows:

  1. 1..

    in Annex III, the following Parts are added:

    ‘PART D

    Part D1: Automated border control lanes for EU/EEA/CH citizens

    Stars are not required for Switzerland, Liechtenstein, Norway and Iceland

    Part D2: Automated border control lanes for third-country nationals

    Part D3: Automated border control lanes for all passports

    Part E: Lanes for Registered Travelers

    ’.

  2. 2..

    Annex IV is amended as follows:

    1. (a)

      point 1 is replaced by the following:

      1. 1..

        ‘The travel document of a third-country national who is a holder of a Facilitated Rail Transit Document issued in accordance with Regulation (EC) No 693/2003 shall be stamped on entry and exit. The travel document of a third-country national who is a holder of a valid Facilitated Transit Document issued in accordance with Regulation (EC) No 693/2003 and who performs his or her transit by train and does not disembark within the territory of a Member State shall also be stamped on entry and exit. Moreover, where provided expressly by its national law, a Member State may stamp on entry and exit the travel document of a third-country national holding a residence permit or a long-stay visa issued by that same Member State in accordance with Article 11 of this Regulation.

        The travel documents of a third-country national entering or exiting, on the basis of a national short-stay visa issued for one or two entries, the territory of a Member State not yet fully applying the Schengen acquis but operating the EES shall be stamped on entry and on exit.’;

    2. (b)

      the following point is inserted:

      1. 1a.

        ‘The specifications of those stamps are laid down in the Schengen Executive Committee Decision SCH/COM-EX (94) 16 rev and SCH/Gem-Handb (93) 15 (CONFIDENTIAL).’;

    3. (c)

      the following point is inserted:

      1. 2a.

        ‘On the entry and exit of third-country nationals subject to the visa obligation and to the stamping obligation, the stamp shall be affixed on the page facing the one on which the visa is affixed. However, if that page cannot be used, the stamp shall be entered on the following page. The machine readable zone shall not be stamped.’;

    4. (d)

      point 3 is deleted.

  3. 3..

    Annex V is amended as follows:

    1. (a)

      Part A is amended as follows:

      1. (i)

        point (b) of point 1 is replaced by the following:

        1. (b)

          ‘for third-country nationals whose entry for a short stay has been refused, register in the EES the data on refusal of entry in accordance with Article 6a(2) of this Regulation and Article 18 of Regulation (EU) 2017/2226;’;

      2. (ii)

        point (d) of point 1 is replaced by the following:

        1. (d)

          ‘for third-country nationals whose refusals of entry are not to be registered into the EES, affix an entry stamp on the passport, cancelled by a cross in indelible black ink, and write opposite it on the right-hand side, also in indelible ink, the letter(s) corresponding to the reason(s) for refusing entry, the list of which is given on the standard form for refusing entry as shown in Part B of this Annex. In addition, for these categories of persons, the border guard shall record every refusal of entry in a register or on a list stating the identity and nationality of the third-country national concerned, the references of the document authorising the third-country national to cross the border and the reason for, and date of, refusal of entry.’;

      3. (iii)

        in point 1, the following subparagraph is added:

        ‘The practical arrangements for stamping are set out in Annex IV.’;

    2. (b)

      in Part B, the Standard form for refusal of entry at the border is amended as follows:

      1. (i)

        after letter (I), the following text is added:

        1. (J)

          ‘has refused to provide biometric data, if required

          1. for the creation of the individual file in the Entry/Exit System

          2. to carry out the border checks.’;

      2. (ii)

        in the section entitled ‘Comments’, the following text is added below the word ‘Comments’:

        1. ‘(to be marked by the border guard if data is stored in the Entry/Exit System)

          The person concerned is hereby informed that her/his personal data and information on this refusal of entry are entered in the Entry/Exit System in accordance with Article 18 of Regulation (EU) 2017/2226.

          In accordance with Article 52 of Regulation (EU) 2017/2226, the person concerned has the right to obtain the data relating to her/him which are recorded in the Entry/Exit System and may request that data relating to her/him which are inaccurate be rectified and that data recorded unlawfully be erased.’.

  4. 4..

    point 1 of Annex VII is replaced by the following:

    1. 1..

      ‘Heads of State, Heads of Government and members of national government with accompanying spouses, and members of their official delegation, and sovereigns and other senior members of a royal family

      By way of derogation from Article 6 and Articles 8 to 14, Heads of State, Heads of Government and members of national government with accompanying spouses, and members of their official delegation, and sovereigns and other senior members of a royal family, invited by Member States’ governments or by international organisations for an official purpose and whose arrival and departure have been officially announced through diplomatic channels, shall not be subject to border checks.’.