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Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification)
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1.The travel documents of third-country nationals shall be systematically stamped on entry and exit. In particular an entry or exit stamp shall be affixed to:
(a)the documents, bearing a valid visa, enabling third-country nationals to cross the border;
(b)the documents enabling third-country nationals to whom a visa is issued at the border by a Member State to cross the border;
(c)the documents enabling third-country nationals not subject to a visa requirement to cross the border.
2.The travel documents of nationals of third countries who are members of the family of a Union citizen to whom Directive 2004/38/EC applies, but who do not present the residence card provided for in that Directive, shall be stamped on entry and exit.
The travel documents of nationals of third countries who are members of the family of nationals of third countries enjoying the right of free movement under Union law, but who do not present the residence card provided for in Directive 2004/38/EC, shall be stamped on entry and exit.
3.No entry or exit stamp shall be affixed:
(a)to the travel documents of Heads of State and dignitaries whose arrival has been officially announced in advance through diplomatic channels;
(b)to pilots’ licences or the certificates of aircraft crew members;
(c)to the travel documents of seamen who are present within the territory of a Member State only when their ship puts in and in the area of the port of call;
(d)to the travel documents of crew and passengers of cruise ships who are not subject to border checks in accordance with point 3.2.3 of Annex VI;
(e)to documents enabling nationals of Andorra, Monaco and San Marino to cross the border;
(f)to the travel documents of crews of passengers and goods trains on international connections;
(g)to the travel documents of nationals of third countries who present a residence card provided for in Directive 2004/38/EC.
Exceptionally, at the request of a third-country national, insertion of an entry or exit stamp may be dispensed with if insertion might cause serious difficulties for that person. In that case, entry or exit shall be recorded on a separate sheet indicating that person’s name and passport number. That sheet shall be given to the third-country national. The competent authorities of the Member States may keep statistics of such exceptional cases and may provide those statistics to the Commission.
4.The practical arrangements for stamping are set out in Annex IV.
5.Whenever possible, third-country nationals shall be informed of the border guard’s obligation to stamp their travel document on entry and exit, even where checks are relaxed in accordance with Article 9.
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