Amendment to the Convention implementing the Schengen Agreement
Article 60
Article 20 of the Convention implementing the Schengen Agreement is amended as follows: (1) paragraph 2 is replaced by the following: ‘2. Paragraph 1 shall not affect each Contracting Party’s right to extend beyond 90 days in any 180-day period an alien’s stay on its territory: (a) in exceptional circumstances; or (b) in accordance with a bilateral agreement concluded before the entry into force of this Convention and notified to the Commission in accordance with paragraph 2d.’; (2) the following paragraphs are inserted: ‘2a. The stay of an alien on the territory of a Contracting Party may be extended in accordance with a bilateral agreement pursuant to point (b) of paragraph 2, upon request of the alien, and lodged with the competent authorities of that Contracting Party on entry or during the stay of the alien at the latest on the last working day of his or her 90-day stay in any 180-day period. Where the alien has not lodged a request during the 90-day stay in any 180-day period, his or her stay may be extended pursuant to a bilateral agreement concluded by a Contracting Party and his or her stay beyond the 90-day stay in any 180-day period preceding that extension may be presumed lawful by the competent authorities of that Contracting Party, provided that that alien presents credible evidence which proves that during that time he or she stayed only on the territory of that Contracting Party. 2b. Where the stay is extended pursuant to paragraph 2 of this Article, the competent authorities of that Contracting Party shall enter the data related to the extension in the latest relevant entry/exit record linked to the alien’s individual file contained in the Entry/Exit System established by Regulation (EU) 2017/2226 of the European Parliament and of the Council ( *1 ) . Such data shall be entered in accordance with Article 19 of that Regulation. 2c. Where the stay is extended pursuant to paragraph 2, the alien concerned shall be authorised to stay only on the territory of that Contracting Party and exit at the external borders of that Contracting Party. The competent authority which extended the stay shall inform the alien concerned that the extension of stay authorises the alien concerned to stay only on the territory of that Contracting Party and that he or she is to exit at the external borders of that Contracting party. 2d. By 30 March 2018, the Contracting Parties shall notify the text of their relevant applicable bilateral agreements as referred to in point (b) of paragraph 2 to the Commission. If a Contracting Party ceases to apply any of those bilateral agreements, it shall notify the Commission thereof. The Commission shall publish information about such bilateral agreements in the Official Journal of the European Union , including at least the Member States and third countries concerned, the rights derived for aliens from those bilateral agreements, as well as any changes thereto. ( *1 ) Regulation (EU) 2017/2226 of the European Parliament and of the Council of establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 ( OJ L 327, 9.12.2017, p. 20 ).’."