New definition

The definition of "short stay" was reviewed by Regulation (EU) 610/2013, changing also the method of calculating the duration of the period.

Starting from 18 October 2013, the date of entry into force of the Regulation, short-stay will be defined as "The stay on the territory of the Member States with a maximum duration of 90 days in any 180-day period".

Accordingly, the duration of the short stay and period of reference must be calculated in days, instead of months.

The period of reference of 180 days is changeable, since it moves along with each day of stay. This has important consequences for the calculation of de period of stay that still can be granted.

Member States can use an online electronic calculation tool and user's guide to apply the new method of calculation.

Derogations

Agreements on visa en stay, concluded between the EU and third countries, will continue to apply the old definition. Agreements, concluded by Belgium or in the framework of the Benelux, can choose to maintain the old definition in their relation with third countries.

Belgium

From 18 October 2013 on, the new definition must be applied by all Member States, demanding some legal amendments. Since the Regulation is directly applicable in Belgium,  decisions concerning short stay must be formally motivated on this basis.

More information can be found on the website of the European Commission.