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Information on the new rules for calculating short stays of third-country nationals within the Schengen area

(This article expired 12.10.2014.)

Regulation (EU) No 610/2013 amending Regulation (EC) No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), the Convention implementing the Schengen Agreement, Council Regulations (EC) No 1683/95 and (EC) No 539/2001 and Regulations (EC) No 767/2008 and (EC) No 810/2009 entered into force on 19 July 2013.

This amendment introduces a clearer definition of the notion of short stay in the Schengen area: "90 days in any 180 days period".

A transitional period has been foreseen for this change which expires on 18 October 2013. From that day onwards, this new method of calculation will apply.

The relevant provisions of the Schengen Borders Code establish the following:

Article 5(1)

“For intended stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay, the entry conditions for third- country nationals shall be the following: (…)”.

Article 5 (1)a

“For the purposes of implementing paragraph 1, the date of entry shall be considered as the first day of stay on the territory of the Member States and the date of exit shall be considered as the last day of stay on the territory of the Member States. Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the Member States.”;

More detailed explanation and practical examples of calculation is available on the European Commission/Directorate General for Home Affairs' website.

http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/border-crossing/index_en.htm.

From 18 October 2013, administrative bodies and travellers have access to a practical tool called the “short-stay calculator” allowing them to calculate the period of allowed stay under the new rules. The “short stay calculator” is also accessible on the above mentioned DG HOME's website.  The calculator is a user-friendly tool to support the application of the new definition.