Judgment_paragraph 7 · Staatssecretaris van Justitie en Veiligheid v J. and Others (C-341/18)

7Article 6 of that code, entitled ‘Entry conditions for third-country nationals’, provides: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:(a) they are in possession of a valid travel document entitling the holder to cross the border ……(b) they are in possession of a valid visa, if required pursuant to Council Regulation (EC) No 539/2001 [of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ 2001 L 81, p. 1)], except where they hold a valid residence permit or a valid long-stay visa.…2. 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.…5.By way of derogation from paragraph 1:…(b) third-country nationals who fulfil the conditions laid down in paragraph 1, except for that laid down in point (b), and who present themselves at the border may be authorised to enter the territory of the Member States, if a visa is issued at the border in accordance with Articles 35 and 36 of Regulation (EC) No 810/2009 of the European Parliament and of the Council [of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ 2009 L 243, p. 1)].…’