Article 12 — Presumption as regards fulfilment of conditions of duration of stay
Schengen Borders Code, Regulation (EU) 2016/399
What does SCHENGEN-BORDERS-CODE Article 12 say?
Short answer, straight from the official text
1. If the travel document of a third-country national does not bear an entry stamp, the competent national authorities may presume that the holder does not fulfil, or no longer fulfils, the conditions of duration of stay applicable within the Member State concerned. 2.
Source: Schengen Borders Code, Regulation (EU) 2016/399, read 2026-10-13.
| In the act | EU 2016/399 |
| CELEX | 32016R0399 |
| Read on | 2026-10-13 |
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
Jump to a point: Point 1 · Point 2 · Point 3 · Point 4 · Point 5
1. If the travel document of a third-country national does not bear an entry stamp, the competent national authorities may presume that the holder does not fulfil, or no longer fulfils, the conditions of duration of stay applicable within the Member State concerned.
2. The presumption referred to in paragraph 1 may be rebutted where the third-country national provides, by any means, credible evidence, such as transport tickets or proof of his or her presence outside the territory of the Member States, that he or she has respected the conditions relating to the duration of a short stay.
In such a case:
(a) where the third-country national is found on the territory of a Member State applying the Schengen acquis in full, the competent authorities shall indicate, in accordance with national law and practice, in his or her travel document the date on which, and the place where, he or she crossed the external border of one of the Member States applying the Schengen acquis in full;
(b) where the third-country national is found on the territory of a Member State in respect of which the decision contemplated in Article 3(2) of the 2003 Act of Accession, in Article 4(2) of the 2005 Act of Accession and in Article 4(2) of the 2011 Act of Accession has not been taken, the competent authorities shall indicate, in accordance with national law and practice, in his or her travel document the date on which, and the place where, he or she crossed the external border of such a Member State.
The article continues in the official text.
The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
Back to the act · EU acts, read down to the national law
ExploreWorldAI is operated by Valkiv Ventures AB (Reg. no. 556995-1311), Kungsgatan 8, 111 43 Stockholm, Sweden. EU-hosted, with data processing assessed against the GDPR. Contact: hello@exploreworldai.com.
Machine-readable summaries for AI agents: /llms.txt and /llms-full.txt.
