Article 1, Point (7) · Regulation (EU) 2024/1717

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(7)Article 23 is replaced by the following:‘Article 23Checks within the territoryThe absence of border control at internal borders shall not affect:

(a)the exercise of police or other public powers by the competent authorities of the Member States in their territory, including in their internal border areas, as conferred on them by national law, insofar as the exercise of those powers does not have an effect equivalent to border checks. The exercise of such powers may include, where appropriate, the use of monitoring and surveillance technologies generally used in the territory for the purposes of addressing threats to public security or public policy. The exercise by competent authorities of their powers shall not, in particular, be considered equivalent to the exercise of border checks when the measures fulfil each of the following conditions:

(i)do not have border control as an objective;

(ii)are based on general police information or, where the aim is to contain the spread of an infectious disease, on public health information, and the experience of the competent authorities regarding possible threats to public security or public policy and aim, in particular, to:

—combat cross-border crime,

—reduce illegal immigration, or

—contain the spread of an infectious disease with epidemic potential as identified by the European Centre for Disease Control;

(iii)are devised and executed in a manner that is clearly distinct from systematic checks on persons at the external borders, including where they are conducted at transport hubs or directly on board of passenger transport services and provided that they are based on a risk assessment;

(b)the possibility for the competent authorities of a Member State or for carriers to carry out security checks on persons at transport hubs in accordance with national law, provided that such checks are also carried out on persons travelling within a Member State;

(c)the possibility for a Member State to provide by law for an obligation to hold or carry papers and documents;

(d)the possibility for a Member State to provide by law for an obligation for third-country nationals to report their presence on its territory and an obligation for managers of establishments providing accommodation to ensure that third-country nationals complete and sign registration forms, with the exception of accompanying spouses or accompanying minors or members of travel groups, pursuant to the provisions of Articles 22 and 45, respectively, of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (“the Schengen Convention”).’

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Defined terms · 4

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essential travel
means travel by a person who is exempted from restrictions on entry pursuant to Article 21a(4) or (5), in connection with an essential function or need, taking into account any applicable international obligations of the Union and of the Member States;
large-scale public health emergency
means a public health emergency, that is recognised at Union level by the Commission, taking into account information from competent national authorities, where a serious cross-border threat to health could have large-scale repercussions on the exercise of the right to free movement.
non-essential travel
means travel other than essential travel;
transport hubs
means airports, sea or river ports, train or bus stations and freight terminals.’

Regulation (EU) 2024/1717

Defined terms · 4

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