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The Nordic Passport Convention

Convention between Denmark, Finland, Norway and Sweden concerning the waiver of passport control at the Intra-Nordic frontiers. Signed at Copenhagen, on 12 July 1957. Iceland acceeded to the convention on 24 September 1965. The convention has been amended by the agreement of 27 July 1979 supplemented by the agreements of 2 April 1973 and of 18 September 2000.

Preamble to the agreement signed on 12 July 1957

The Contracting Parties,

desirous of establishing freer intercourse between the Nordic States,

having already waived the obligation for citizens of the Nordic States to travel with passports,

being agreed to allow aliens to travel directly from one Nordic State to another via an authorised frontier control point without being submitted to passport control,and

endeavouring to apply the principle of adopting a common policy in the requirement of visas, and to establish a uniform practice in the issue of visas for business, study, tourist and other similar short journeys, have agreed as follows :

Preamble to the agreement signed on 2 April 1973

The Contracting States have agreed on the following supplement to the Convention of 12 July 1957 between Denmark, Finland, Norway and Sweden concerning the waiver of passport control at the intra-Nordic frontiers (hereinafter referred to as "the Passport Control Convention"), to which Iceland acceded on 24 September 1965.

Preamble to the agreement signed on 27 July 1979

The Governments of the Contracting States have agreed on the following amendments to the Agreement of 12 July 1957 concerning the waiver of passport control at the intra-Nordic frontiers.

Preamble to the agreement signed on 18 September 2000

The Contracting States,

Which have waived passport control at the intra-Nordic frontiers by the convention of 12 July 1957 between Denmark, Finland, Norway and Sweden (hereinafter referred to as the Passport Control Convention), to which Iceland acceded on 24 September 1965 and which has been amended by the agreement of 27 July 1979 and the agreement of 2 April 1973 between Denmark, Finland, Iceland, Norway and Sweden supplementing the Passport Control Convention of 12 July 1957,

Which, in accordance with the Protocol, signed on 2 October 1997, annexed to the Treaty of Amsterdam and integrating the Schengen acquis into the framework of the European Union, are to carry out closer cooperation within the framework of the European Union, or have on 18 May 1999 signed an agreement with the European Union conceming association for the implementation, application and further development of the Schengen acquis,

Which take into consideration the fact that there is a need for precisely specifying the application of individual provisions of the Passport Control Convention with a view to participation by the Nordic countries in Schengen cooperation,

Have agreed on the following supplement to the Passport Control Convention:

Article 1

As used in this Convention the term " alien " (utlänning) means any person who is not a citizen of Denmark, Finland, Norway or Sweden;

The term "Nordic State" (nordisk stat) means Denmark (with the exception of Greenland and the Faroe Islands), Finland, Norway (with the exception of Svalbard and Jan Mayen) and Sweden;

The term "outer Nordic frontier" (nordisk yttergräns) means

a. a land frontier between a Nordic State and a non-Nordic State;

b. an airport situated in a Nordic State, with regular air services to and from a non-Nordic State;

c. a seaport situated in a Nordic State with regular ship or ferry connexions with a non-Nordic State ;

d. a seaport or an airport in a Nordic State with non-regular service of vessels or aircraft to or from a non-Nordic State or from which vessels or aircraft depart for a non-Nordic State.

Article 2

Each Contracting Party shall establish passport control in respect of persons entering its territory at its outer Nordic frontiers. Each Contracting State shall decide to what extent passport control in respect of persons leaving its territory shall be exercised at its outer Nordic frontiers.

Each Contracting Party shall employ control cards (entry-cards) to facilitate entry control in the case of:

a. An alien who requires a visa to enter the territory of any of the Contracting States if that State requires a control card;

b. An alien whom a Contracting State has expelled and forbidden to return unless he has special permission

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1 Amended, 1979

Article 3

The entry-card shall be kept by the State of entry. If the alien has been granted a visa for another Nordic State, a copy of the card shall be sent to that State

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1 Amended, 1979

Article 4

If a Contracting Party intends to waive or to introduce any visa obligation in relation to a non-Nordic State or to introduce other material changes in its visa agreements with a non-Nordic State, advance notice of the measures proposed shall be sent to the other Contracting Parties, provided there are no compelling reasons for an immediate introduction of the measures contemplated. In such a case the other Contracting Parties shall be notified as soon as possible after the measures have been taken.

The foregoing shall also apply to the introduction of other general provisions regarding the entry, departure and stay of aliens in the State concerned.

Article 5

Each Contracting Party shall require a visa-free alien wishing to stay for more than three months after arrival from a non-Nordic State into a Nordic State to apply for a residence permit in the Nordic State where he is staying at the expiry of the three months' period.

A residence permit in a Nordic State is only valid in the State which issued it. During the validity of the permit a visa-free alien shall, however, be allowed to stay in any other Nordic State for a period of three months without a residence permit. This does not apply, however, if the alien intends to stay in that State for more than three months or if he there intends to seek or obtain

Article 6

The Contracting Parties shall refuse entry (avvisa) at their outer Nordic frontiers to every alien

a. who does not hold a valid passport or other document of identity accepted by the appropriate authorities of the Contracting States in lieu of a passport;

b. who is not provided with the necessary entry or work permit for the State of entry as well as for any other Nordic State or States he intends to visit;

c. who may be supposed not to have sufficient means of subsistence in the Contracting State or States he intends to visit and for his return journey;

d. who may be supposed not to sustain himself by honest means;

e. who has previously been sentenced to imprisonment and may be expected to commit a criminal offence in a Nordic State; or of whom it may, because of his previous activities or on other grounds, reasonably be suspected that he will commit sabotage, espionage or illegal intelligence activities in any of the Contracting States;

f. who figures in the lists of expelled (utmsad) aliens maintained by any one of the Contracting Parties.

Any alien may be refused entry (avvisad) who for other reasons is not considered to be admissible in one or more Contracting State or States.

The provisions under b.-f. above are not applicable in the case of an alien who intends to travel to a Contracting State for which he has an entry or residence permit affording him the right to enter.

Article 7

The provisions of articles 2 and 6 are not applicable in the case of an alien arriving from a non-Nordic State as a member of a ship's crew. An alien who has arrived from a non-Nordic State as a crew member and who signs off in a Nordic State shall, however, when entering be subject to the provisions of articles 2 and 6

Each Contracting Party may, by special provisions, allow members of ship's crews to stay ashore without a special permit during the period of their ship's usual call at a port.

The provisions of this Article are also applicable in the case of aliens who are members of the crew of an aircraft.

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1 Amended, first paragraph, 1979

Article 8

A Contracting State shall be entitled to make occasional checks at its frontier with another Nordic State. If it is deemed necessary, in order to prevent widespread illegal entries resulting from differences in the visa requirements of the Contracting States, a Contracting State may, in addition, exercise general passport control at its frontier with another Nordic State. Decisions concerning such control shall, in each case, apply for a period of not more than six months.

Where a Contracting State exercises passport control in accordance with the provisions of the foregoing paragraph, an alien may be required to present his pass port and to give any information asked of him.

If a Contracting State decides to exercise passport control at its frontier with another Nordic State in accordance with the provisions of second and third sentences of the first paragraph of this article, the requirement concerning the taking back of aliens, provided for in article 10 of the Agreement, shall cease to apply to the other Nordic State in respect of persons who have entered the country during such a period.

Each Contracting State may at its frontier with another Nordic State refuse entry to any alien who does not hold an entry permit for the State concerned

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1 Amended, 1979

Article 9

A Contracting State shall not allow an alien who has been expelled (utvisad) from another Contracting State to enter without a special permit. Such a permit is, however, not required if a State which has expelled an alien wishes to expel him via another Nordic State.

If an alien who has been expelled from one Nordic State has a residence permit for another Nordic State, that State is obliged, on request, to receive him.

Article 10

Each Contracting State shall take back an alien who, in accordance with Article 6 (a) and, as far as entry permit is concerned, 6 (b), as well as 6 (f), ought to have been refused entry by the State concerned at its outer frontier and who has travelled from that State without a permit into another Nordic State.

Likewise an alien shall be taken back who, without a valid passport or a special permit, if such is required, has travelled directly from one Nordic State to another.

The provisions of the first and second paragraphs of this article shall not apply in the case of an alien who has stayed in the State wishing to return him for at least six months from the time of his illegal entry into that State or who has, after entering illegally, been granted a residence and/or work permit there. The requirement con cerning the taking back of such aliens shall apply only if a request for such action is made within one month after the date on which the authorities learn of the alien's presence in the country

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1 Amended, third paragraph, 1979

Article 11

(Article 11 is repealed, 2000)

Article 12

What has been stipulated in this Convention about an expelled (utvisad) alien shall also apply to an alien who, according to Finnish or Swedish law, has been turned away or expelled in the other manners stipulated in the said laws (förvisning or förpassning), without a special permit to return.

Article 13

In order to co-ordinate the control of aliens in the Contracting States and otherwise to deal with matters which are of importance to the common passport control area in the Nordic States, a joint working committee (Nordic Aliens Committee), (Nordiska utlänningsutskottet) shall be established. The Committee shall consist of one representative of each of the Contracting States. Representatives are at liberty to call upon individual experts, if necessary.

Article 14

After negotiations, the Government of Iceland may accede to this Convention. Arrangements can similarly be made, after negotiations, for the extension of the Convention to the Faroe Islands and Greenland.

Convention between Denmark, Finland, Norway and Sweden concerning the waiver of passport control at the intra-nordic frontiers. Signed at Copenhagen on 12 July 1957.

Article 1

Where necessary for the fulfilment of obligations incumbent, as of 1 July 1973, on a Contracting State with respect to a non-Conctracting State, the Contracting State may make the following departures from the Passport Control Convention:

a. Notwithstanding the provisions of the first paragraph of article 5, a Contracting State may waive the residence-permit requirement for special categories of workers.

b. Notwithstanding the provisions of the third paragraph of article 5, a Contracting State, in calculating the permit-free period, may refrain from deducting the time spent in a Contracting State during an earlier stay.

c. Notwithstanding the provisions of article 6, a Contracting State may refrain from refusing entry to an alien where there are no grounds for refusing entry in the interests of law and order, security or public health in the Contracting State.

Where a State, in accordance with the exception for which provision is made above, refrains from refusing entry to an alien it shall be required, however, subject to the limitation specified in the third paragraph of article 10, to take back such alien if the latter enters another Contracting State. The same shall apply where a Contracting State, in fulfilment of its obligations towards a non-Contracting State, does not refuse entry to an alien who subsequently enters another Contracting State without being in possession of the requisite work permit there.

d. Notwithstanding the provisions of the first paragraph of article 9, a Contracting State may permit an alien who has been expelled from another Contracting State to enter without a special permit if it is possible to refrain from refusing entry in accordance with the provisions of subparagraph c.

Article 2

If, within the framework of co-operation between a Contracting State and a non-Contracting State, a proposal is made for provisions which are incompatible with the Passport Control Convention taken in conjunction with this Agreement, discussions between the Contracting States shall be held at the request of a Contracting State, after the other Contracting States have been informed of the proposal in accordance with the second paragraph of article 4 of the Passport Control Convention. The discussions shall take place before a decision is taken concerning the proposal, unless there are compelling reasons for such a decision to be taken immediately. In the latter event, the discussions shall take place as soon as possible after the decision is taken.

In the course of the discussions, the Contracting States shall endeavour to make clear the implications of the new provisions for Nordic co-operation in the matter of passport control and consider what amendments to the Passport Control Convention or this Agreement may be necessary.

Agreement of 18 September 2000 between Denmark, Finland, Iceland, Norway and Sweden supplementing the Nordic Passport Convention of 12 July 1957, as amended by the agreement of 27 July 1979 and the supplementary agreement of 2 April 1973

Article 1

The following further definitions shall apply to the Passport Control Convention:

Definitions:

A Schengen State:
A State which, in accordance with the Protocol integrating the Schengen acquis into the framework of the European Union, is to carry out closer cooperation within the European Union or which is a supplementary Party to the Agreement on Schengen Cooperation signed on 18 May 1999 with the European Union and which is a participant in practical cooperation within Schengen.

A non-Nordic Schengen State:
A Schengen State other than Denmark, Finland, Iceland, Norway and Sweden.

The Schengen Information System (SIS):
The common information system which was established in accordance with the convention of 19 June 1990 applying the Schengen Agreement of 14 June 1985.

An alien:
A person who is not a citizen of one of the European Union's member States or of Iceland or Norway.

Article 2

To the extent necessary for fulfilment of the obligations incumbent on the Contracting States in accordance with the Schengen Convention, the following deviations from the Passport Control Convention shall be valid:

a. The provisions of the Passport Control Convention which relate to passport control shall not be applicable if an outer Nordic frontier is a frontier with a non-Nordic Schengen State.

b. Irrespective of the provisions of article 2, second paragraph (third paragraph in the Norwegian text), and article 3, a Contracting State may refrain from employing entry-cards.

c. Irrespective of the provisions of article 5, a Contracting State may allow an alien who holds a residence permit in or a visa to another Contracting State, or a non-Nordic Schengen State, to enter the territory of the Contracting State without special permission with a view to transit travel to the issuing country.

d. Irrespective of the provisions of article 5, a Contracting State may, when calculating the period during which no residence permit is required, calculate as a residence a period during which neither the duration of a continuous residence nor the combined duration of several consecutive residences may exceed three months in the course of a period of 6 months counted from the date of first entry into a Contracting State or into a non-Nordic Schengen State.

e. Irrespective of the provision of article 5, second paragraph, an alien who holds a residence permit in a Contracting State or in a non-Nordic Schengen State may, during the period of validity of that residence permit, be allowed to reside in the territory of the other Contracting States for a period not exceeding 3 months.

f. Irrespective of the provision of article 6, first paragraph, item f, a Contracting State may refuse entry to an alien who figures in another Contracting State's list of expelled aliens only if the alien is, at the same time, registered as undesirable in the Schengen information system.

g. Irrespective of the provision of article 6, third paragraph, there shall be no refusal of entry on the ground of article 6, first paragraph, item a.

h. Irrespective of the provision of article 6, third paragraph, a Contracting State may nevertheless refuse entry to an alien if the alien figures in the Contracting State's list of expelled aliens.

i. Irrespective of the provision of article 8, first paragraph, a Contracting State may undertake passport control at an inner Nordic frontier for a limited period of time only if that is required by considerations of public order or national security, as provided in the Schengen Convention, article 2, paragraph 2.

j. Irrespective of the provision of article 9, first paragraph, a Contracting State may refuse entry without special permission to an alien who has been expelled from another Contracting State only if the alien is registered as undesirable in the Schengen information system.

k. Article 11 is repealed.

l. The provisions of the Passport Control Convention shall be interpreted in accordance with relevant regulations specified pursuant to the Schengen Convention and any further development thereof.

Article 3

If within the participation of the Contracting States in Schengen cooperation there is made a proposal for provisions that are not reconcilable with the Passport Control Convention, then at the request of any one of the Contracting States, negotiations shall be conducted between the Contracting States. The negotiations shall be conducted before a decision is taken concerning the proposal, unless it is necessary for urgent reasons to take such a decision immediately. In the latter case, the negotiations shall be conducted as soon as possible after the decision is taken.

During the negotiations the Contracting States shall endeavour to make clear the effects of the new provisions for Nordic passport control cooperation and shall consider what amendments to the Passport Control Convention may become necessary.

Final provisions to the agreement signed on 12 July 1957

Article 15

This Convention shall be ratified, and the Instruments of Ratification shall be deposited at Copenhagen.

The Convention will enter into force as soon as all the Instruments of Ratification have been deposited, but not before the 1st January, 1958.

Each of the Contracting States may denounce the Convention upon giving six months' notice.

Each of the Contracting States may with immediate effect suspend the application of the Convention in relation to one or more of the other States in the event of war or danger of war or if any other special international or national circumstances render this necessary. In any such event the States concerned shall immediately be informed of the measures taken.

IN AFFIRMATION OF THIS the representatives of the respective States, being possessed of full powers to this effect, have signed the foregoing Convention and affixed their seals thereto.

DONE at Copenhagen this 12th day of July, 1957, in one original text in the Danish, Finnish, Norwegian and Swedish languages, of which the Danish Ministry of Foreign Affairs shall provide certified copies to the Governments of the other Contracting States.

Final provisions to the agreement signed on 2 April 1973

This Agreement shall be ratified and the instruments of ratification shall be deposited at Copenhagen.

The Agreement shall enter into force on 1 July 1973. It shall remain in force with respect to a Contracting State as long as the Passport Control Convention is in force with respect to that State.

The Agreement shall be deposited with the Danish Ministry of Foreign Affairs and certified copies thereof shall be transmitted to the Governments of the other Contracting States.

IN WITNESS WHEREOF the representatives of the Contracting States have signed this Agreement.

DONE at Copenhagen on 2 April 1973 in one copy in the Danish, Finnish, Icelandic, Norwegian and Swedish languages.

Final provisions to the agreement signed on 27 July 1979

This Agreement shall enter into force 30 days after the date of its signature.

IN WITNESS WHEREOF the plenipotentiaries of the Contracting States have signed this Agreement.

DONE at Copenhagen on 27 July 1979 in one copy in the Danish, Finnish, Icelandic, Norwegian and Swedish languages, of which certified copies shall be transmitted by the

Danish Ministry of Foreign Affairs to the Governments of the other Contracting States.

Final provisions to the agreement signed on 18 September 2000

Article 4

This Agreement shall enter into force 30 days after the day on which all Contracting States have notified the Ministry of Foreign Affairs of Denmark that they approve the Agreement. The Agreement may not, however, enter into force prior to the date on which the Council of the European Union has taken a decision concerning the practical implementation of Schengen cooperation in the Nordic countries.

The Danish Ministry of Foreign Affairs shall inform the other Contracting States of the receipt of such submissions and of the date on which the Agreement will enter into force.

Article 5

The Agreement shall remain in force in respect of a Contracting State so long as the Passport Control Convention is in force in respect of that State.

Article 6

The Agreement shall be deposited at the Danish Ministry of Foreign Affairs, and certified copies of it shall be transmitted to the Governments of the other Contracting States.

In witness whereof the plenipotentiaries of the Contracting States have signed this Agreement.

Done at Copenhagen on 18 September 2000, in a single original in the Danish, Finnish, Icelandic, Norwegian and Swedish languages, all texts being equally authentic.

Unless otherwise indicated, the translation of this text into English has been made by the Secretariat of the United Nations, See 322UNTS4660, 901UNTS4660, 1159UNTS4660, and 2276UNTS4660.


Signatories

Danmark, Finland, Island, Sverige och Norge

Signing of agreement

Date: Sep 18, 2000

Location: København

Effective

Apr 22, 2001


 

Contact

Thomas Xavier Duholm
Phone: +45 33960369