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Notifications Under Article 37 of Regulation 24.1.2008 EN Official Journal of the European Union C 18/15 Notifications under Article 37 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) The possibility for a Member State to provide by law for an obligation to hold or carry papers and documents pursuant to Article 21(c) (2008/C 18/03) BELGIUM Article 58: ‘Foreign nationals residing within the territory of the Republic of Bulgaria for a period of 3 months or less shall prove their identity by means of the international travel document with This obligation is set out in section 38 of the Royal Decree of which they entered the country, with the exception of foreign 8 October 1981 on access to the territory, residence, establish- nationals who hold a temporary refugee certificate’. ment and deportation of non-nationals: ‘Any non-national over 15 years old must carry a residence permit or establishment permit or other residence document at all times and produce this document when requested to do so by 2. Law on entry into, residence in and departure from the Republic of any official of the competent authority.’ Bulgaria for European Union nationals and members of their families: Article 4(1): ‘European Union nationals shall enter and leave the territory of the Republic of Bulgaria with their identity card or BULGARIA their passport’. The obligation to be in possession of particular documents or to carry them on one's person is governed by the Law on Bulgarian identity documents and the Law on entry into, residence in and departure from the Republic of Bulgaria for EU nationals and members of their families: CZECH REPUBLIC The obligation for foreigners to present a travel document (proof of identity) upon request of a Police person is stipulated by § 103 1. Law on Bulgarian identity documents lit. d) Act No 326/1999 Coll., on the Stay of Aliens in the Territory of the Czech Republic. According to the Act the foreigner is obliged to present a travel document upon request of Article 6: ‘Citizens shall present proof of their identity when a Police officer. summoned to do so by officials duly authorised by law.’ Article 29(1): ‘Any Bulgarian national living in Bulgaria shall apply for an identity card within 30 days after reaching the age of 14 years’. DENMARK Article 55(1): ‘Any foreign national who has reached the age of 14 years and has been granted the right to reside in the Republic Under Section 39(1) of the Aliens Act, an alien is required when of Bulgaria for a period of three months or more shall be issued a entering, remaining in and leaving the country to be in Bulgarian identity document for foreign residents’. possession of a passport or travel document, and under Section 39(3), point 1, the passport or travel document must, upon request, be presented to the public authorities while the Article 57(1): ‘Bulgarian identity documents for foreign nationals alien remains in the country. shall be valid within the territory of the Republic of Bulgaria in conjunction with the foreign national's international travel document’. Under Section 39(4), point 1, nationals of a Nordic country are exempt from these obligations, and under point 2 of the same Section, the Minister for Integration may exempt other aliens Article 57(2): ‘Stateless persons and foreign nationals applying from the obligation to carry their passport or other travel for or having been granted protection under the Law on asylum document (see Section 5(2) of the Aliens Order). The provisions and refugees may prove their identity only by means of a adopted under Section 5(2) of the Aliens Order are published Bulgarian identity document’. once a year in the Danish Official Gazette (Statstidende). C 18/16 EN Official Journal of the European Union 24.1.2008 GERMANY 2. Non-nationals who do not possess a passport or who cannot reasonably be expected to obtain one may identity themselves by means of a residence permit or a certificate Sections 3(1), 13(1), second sentence, 48 and 82 Aufenthaltsgesetz confirming that deportation has been suspended, provided that (Residence Act): these documents contain the person's details and a photograph and are denoted as documents issued in lieu of an identity document. Section 3 — Passport requirement 3. If so requested, non-nationals without a valid passport or travel document issued in lieu of a passport shall cooperate with 1. Non-nationals may enter or stay in Germany only if they are a view to procuring identity papers and shall produce, hand over in possession of a recognised and valid passport or travel and temporarily give up to the authorities responsible for document issued in lieu of a passport, unless they are exempted implementing this Act all other documents and papers that may from the passport requirement by law. be useful for the purposes of establishing their identity and nationality and for establishing whether they may be deported to another country. Where non-nationals fail to meet their 2. In justified individual cases, the Federal Ministry of the obligation under the first sentence and there are real grounds Interior or the body designated by it may, before a non-national to believe that they are in possession of such documents, their enters the country, allow exemptions from the passport persons and possessions may be searched. They are required to requirement in respect of the crossing of the border and a acquiesce in such searches. subsequent stay of up to six months. Section 82 — Cooperation of non-nationals Section 13 — Crossing the border 1. Unless other legislation or international agreements provide 1. Non-nationals shall make known without delay their otherwise, entry into and departure from Federal territory may interests and all circumstances favourable to them that are not take place only at authorised border crossing points and within evident or already known, providing without delay all demon- the fixed opening hours. On entry and on departure, non- strable details as well as the necessary evidence of their personal nationals shall carry a recognised and valid passport or travel situation, any other required certificates or permits and any other document issued in lieu of a passport in accordance with necessary evidence which they can produce. Section 3(1) and shall submit to police checks of cross-border traffic. The immigration authorities may grant non-nationals a reason- able period of time for this purpose. Circumstances disclosed and 2. A non-national shall not be deemed to have entered the evidence produced after this time limit has expired may not be country at an authorised crossing point until he has crossed the taken into account. border and passed the border crossing point. Where the authorities conducting the police checks on cross-border traffic allow a non-national to pass the border crossing point for a specific temporary purpose before a decision is taken to refuse 2. Subsection 1 applies mutatis mutandis in any appeal entry (Section 15 of this Act, Sections 18 and 18a of the Asylum proceedings. Procedures Act) or during the preparation, establishment or implementation of this measure, the non-national shall not be deemed to have entered the country within the meaning of the first sentence as long as the authorities are able to monitor his (3) Non-nationals are to be informed of their obligations under stay. For the rest, a non-national shall be deemed to have entered subsection 1 and their essential rights and obligations under this the country when he crosses the border. Act, particularly the obligations arising under Sections 44a, 48, 49 and 81 and the possibility of submitting applications under the third sentence of Section 11(1). The consequences of failure to observe the time limit set shall be explained. Section 48 — Obligation to prove identity 4. Where necessary for the preparation and implementation of 1. At the request of the authorities responsible for implement- measures under this Act or under provisions on non-nationals' ing this Act, non-nationals shall be required to produce, hand rights contained in other legislation, non-nationals may be over and temporarily give up their passports, travel documents ordered to appear in person before the competent authority and issued in lieu of passports, residence certificates or certificates at the representation of the State of which they are presumed to confirming that deportation has been suspended, where this is be citizens and to undergo a medical examination to determine necessary in order for measures under this Act to be whether they are fit to travel. Where non-nationals fail to comply implemented or safeguarded. with an order under the first sentence, the order may be 24.1.2008 EN Official Journal of the European Union C 18/17 enforced. Sections 40(1), 40(2), 41 and the first and third Article 9 of Organic Law 1/1992 of 21 February 1992 on the sentences of Section 42(1) of the Federal Police Act shall apply Protection of Citizens' Security enshrines the right of all Spanish mutatis mutandis. nationals to be issued with a National Identity Document from the age of fourteen, and the obligation to obtain this document. ESTONIA Article 20 of the same Organic Law entitles agents of the security forces and security bodies to require persons to identify themselves in the street for the purpose of preventing and Identity document requirement, validity and verification of investigating criminal activities. In the event of resistance or documents are stipulated by the Identity Document Act refusal, the provisions of the Criminal Code and the Criminal (published in the Riigi Teataja (State Gazette) I 1999, 25, 365; Procedure Code shall apply.
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