# Official Journal L 286/2017

| | ISSN 1977-0677 |
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| Official Journal
  of the European Union | L 286 |
| | |
| English edition | Legislation | Volume 601 November 2017 |

ISSN 1977-0677

Official Journal

of the European Union

L 286

English edition

Legislation

Volume 601 November 2017

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| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) 2017/1953 of the European Parliament and of the Council of 25 October 2017 amending Regulations (EU) No 1316/2013 and (EU) No 283/2014 as regards the promotion of internet connectivity in local communities (
  1
  ) | 1 |
| | * | Regulation (EU) 2017/1954 of the European Parliament and of the Council of 25 October 2017 amending Council Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals | 9 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) 2017/1953 of the European Parliament and of the Council of 25 October 2017 amending Regulations (EU) No 1316/2013 and (EU) No 283/2014 as regards the promotion of internet connectivity in local communities (
  1
  )

1

1

*

Regulation (EU) 2017/1954 of the European Parliament and of the Council of 25 October 2017 amending Council Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals

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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

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| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
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EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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I Legislative acts

REGULATIONS

| 1.11.2017 | EN | Official Journal of the European Union | L 286/1 |
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1.11.2017

EN

Official Journal of the European Union

L 286/1

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REGULATION (EU) 2017/1953 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 25 October 2017

amending Regulations (EU) No 1316/2013 and (EU) No 283/2014 as regards the promotion of internet connectivity in local communities

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 172 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | The Commission communication of 14 September 2016 entitled ‘Connectivity for a Competitive Digital Single Market — Towards a European Gigabit Society’, sets out a European vision of internet connectivity for citizens and business in the digital single market and describes a number of possible measures capable of enhancing connectivity in the Union. |
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(1)

The Commission communication of 14 September 2016 entitled ‘Connectivity for a Competitive Digital Single Market — Towards a European Gigabit Society’, sets out a European vision of internet connectivity for citizens and business in the digital single market and describes a number of possible measures capable of enhancing connectivity in the Union.

| (2) | In its communication of 26 August 2010 entitled ‘A Digital Agenda for Europe’, the Commission recalls that the Europe 2020 Strategy underlined the importance of broadband deployment to promote social inclusion and competitiveness in the Union and reaffirmed the goal of ensuring that, by 2020, all Europeans have access to internet speeds of above 30 Mbps and 50 % or more of European households subscribe to internet connections above 100 Mbps. |
| --- | --- |

(2)

In its communication of 26 August 2010 entitled ‘A Digital Agenda for Europe’, the Commission recalls that the Europe 2020 Strategy underlined the importance of broadband deployment to promote social inclusion and competitiveness in the Union and reaffirmed the goal of ensuring that, by 2020, all Europeans have access to internet speeds of above 30 Mbps and 50 % or more of European households subscribe to internet connections above 100 Mbps.

| (3) | Among measures to support the vision of internet connectivity across the Union, the Commission promotes, in its communication of 14 September 2016, the deployment of local wireless access points through simplified planning procedures and reduced regulatory obstacles. Such access points, including those that are ancillary to the provision of other public services or non-commercial in character, can make an important contribution to the improvement of current wireless communication networks and to the deployment of future generations of such networks by facilitating more granular coverage in line with evolving needs. Those access points should be able to form part of a network with a single authentication system that is valid across the whole Union and otherfree local wireless connectivity networks should be able to join the system. That system should comply with Union data protection requirements and with Regulation (EU) 2015/2120 of the European Parliament and of the Council (4). |
| --- | --- |

(3)

Among measures to support the vision of internet connectivity across the Union, the Commission promotes, in its communication of 14 September 2016, the deployment of local wireless access points through simplified planning procedures and reduced regulatory obstacles. Such access points, including those that are ancillary to the provision of other public services or non-commercial in character, can make an important contribution to the improvement of current wireless communication networks and to the deployment of future generations of such networks by facilitating more granular coverage in line with evolving needs. Those access points should be able to form part of a network with a single authentication system that is valid across the whole Union and otherfree local wireless connectivity networks should be able to join the system. That system should comply with Union data protection requirements and with Regulation (EU) 2015/2120 of the European Parliament and of the Council (4).

| (4) | In the context of this Regulation, local wireless connectivity that is free of charge and without discriminatory conditions means, with regard to being free of charge, that it is provided without corresponding remuneration, whether by direct payment or by other types of consideration, such as commercial advertising or the provision of personal data for commercial purposes. With regard to being without discriminatory conditions, it means that it is provided without prejudice to restrictions required under Union law, or under national law that complies with Union law, as well as being subject to the need to ensure a smooth functioning of the network and, in particular, the need to ensure a fair allocation of capacity between users at peak times. |
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(4)

In the context of this Regulation, local wireless connectivity that is free of charge and without discriminatory conditions means, with regard to being free of charge, that it is provided without corresponding remuneration, whether by direct payment or by other types of consideration, such as commercial advertising or the provision of personal data for commercial purposes. With regard to being without discriminatory conditions, it means that it is provided without prejudice to restrictions required under Union law, or under national law that complies with Union law, as well as being subject to the need to ensure a smooth functioning of the network and, in particular, the need to ensure a fair allocation of capacity between users at peak times.

| (5) | A competitive market, and a legislative framework which can adapt to developments and which encourages competition, investment and the widespread availability and take-up of very-high-capacity connectivity, as well as trans-European networks and new business models, are important drivers for investment in high and very-high-capacity networks that can deliver connectivity to citizens throughout the Union. |
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(5)

A competitive market, and a legislative framework which can adapt to developments and which encourages competition, investment and the widespread availability and take-up of very-high-capacity connectivity, as well as trans-European networks and new business models, are important drivers for investment in high and very-high-capacity networks that can deliver connectivity to citizens throughout the Union.

| (6) | In light of the Commission's communication of 14 September 2016 and in order to promote digital inclusion, the Union should support the provision of high-quality local wireless connectivity that is free of charge and without discriminatory conditions in centres of local public life, including outdoor spaces accessible to the general public. Such support is not covered by Regulation (EU) No 1316/2013 (5) or (EU) No 283/2014 (6) of the European Parliament and of the Council. |
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(6)

In light of the Commission's communication of 14 September 2016 and in order to promote digital inclusion, the Union should support the provision of high-quality local wireless connectivity that is free of charge and without discriminatory conditions in centres of local public life, including outdoor spaces accessible to the general public. Such support is not covered by Regulation (EU) No 1316/2013 (5) or (EU) No 283/2014 (6) of the European Parliament and of the Council.

| (7) | Such support should encourage public sector bodies, as defined in Directive (EU) 2016/2102 of the European Parliament and of the Council (7), to offer local wireless connectivity that is free of charge and without discriminatory conditions as an ancillary service to their public mission so as to ensure that people in local communities can benefit from high-speed broadband and have the opportunity to improve their digital skills in centres of public life. Such bodies could include municipalities, associations formed by municipalities, other local public authorities and institutions, libraries and hospitals. |
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(7)

Such support should encourage public sector bodies, as defined in Directive (EU) 2016/2102 of the European Parliament and of the Council (7), to offer local wireless connectivity that is free of charge and without discriminatory conditions as an ancillary service to their public mission so as to ensure that people in local communities can benefit from high-speed broadband and have the opportunity to improve their digital skills in centres of public life. Such bodies could include municipalities, associations formed by municipalities, other local public authorities and institutions, libraries and hospitals.

| (8) | Local wireless connectivity that is free of charge and without discriminatory conditions could contribute to bridging the digital divide, especially in communities that lag behind in terms of digital literacy, including in rural areas and remote locations. |
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(8)

Local wireless connectivity that is free of charge and without discriminatory conditions could contribute to bridging the digital divide, especially in communities that lag behind in terms of digital literacy, including in rural areas and remote locations.

| (9) | Improving access to high-speed and very-high-speed broadband and consequently to online services, especially in rural areas and remote locations, could increase quality of life by facilitating access to services, for example e-Health and e-Government, and could promote the development of local small and medium-sized enterprises. |
| --- | --- |

(9)

Improving access to high-speed and very-high-speed broadband and consequently to online services, especially in rural areas and remote locations, could increase quality of life by facilitating access to services, for example e-Health and e-Government, and could promote the development of local small and medium-sized enterprises.

| (10) | To guarantee the success of the support to be provided under this Regulation and to promote Union action in this area, the Commission should ensure that the entities that pursue projects benefitting from Union financial assistance available under this Regulation provide end-users with as much information as possible on availability of the services and should draw attention to the fact that the Union has granted financing. Such information could also provide end-users with easy access to information about the Union. |
| --- | --- |

(10)

To guarantee the success of the support to be provided under this Regulation and to promote Union action in this area, the Commission should ensure that the entities that pursue projects benefitting from Union financial assistance available under this Regulation provide end-users with as much information as possible on availability of the services and should draw attention to the fact that the Union has granted financing. Such information could also provide end-users with easy access to information about the Union.

| (11) | Considering its specific purpose and that it addresses local needs, the promotion of local wireless connectivity that is free of charge and without discriminatory conditions in centres of public life should be identified as a distinct project of common interest in the telecommunications sector within the meaning of Regulations (EU) No 1316/2013 and (EU) No 283/2014. |
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(11)

Considering its specific purpose and that it addresses local needs, the promotion of local wireless connectivity that is free of charge and without discriminatory conditions in centres of public life should be identified as a distinct project of common interest in the telecommunications sector within the meaning of Regulations (EU) No 1316/2013 and (EU) No 283/2014.

| (12) | To provide appropriate financing for the promotion of internet connectivity in local communities and to ensure its successful implementation, the financial envelope for the implementation of the Connecting Europe Facility in the telecommunications sector should be increased by EUR 25 000 000, and may be increased to EUR 50 000 000. |
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(12)

To provide appropriate financing for the promotion of internet connectivity in local communities and to ensure its successful implementation, the financial envelope for the implementation of the Connecting Europe Facility in the telecommunications sector should be increased by EUR 25 000 000, and may be increased to EUR 50 000 000.

| (13) | Given the non-commercial nature of the support to be provided under this Regulation and the expected small scale of individual projects, the administrative burden should be limited to a minimum and should be proportionate to the benefits envisaged, taking into account the need for accountability and a proper balance between simplification and control. This Regulation should therefore be implemented by the most appropriate forms of financial assistance, in particular grants, for instance by way of vouchers, available under Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (8), now or in the future. The support to be provided under this Regulation should not rely on financial instruments. The principle of sound financial management should apply. |
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(13)

Given the non-commercial nature of the support to be provided under this Regulation and the expected small scale of individual projects, the administrative burden should be limited to a minimum and should be proportionate to the benefits envisaged, taking into account the need for accountability and a proper balance between simplification and control. This Regulation should therefore be implemented by the most appropriate forms of financial assistance, in particular grants, for instance by way of vouchers, available under Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (8), now or in the future. The support to be provided under this Regulation should not rely on financial instruments. The principle of sound financial management should apply.

| (14) | Given the limited volume of financial appropriations measured against the potentially high number of applications, administrative procedures should be simplified so that decisions can be taken in a timely manner. Regulation (EU) No 1316/2013 should be amended to allow Member States to agree to categories of proposals in line with the criteria defined in Section 4 of the Annex to Regulation (EU) No 283/2014 in order to avoid the individual approval of applications and ensure that certification of expenditure and annual reporting to the Commission are not obligatory for grants or other forms of financial assistance awarded under this Regulation. |
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(14)

Given the limited volume of financial appropriations measured against the potentially high number of applications, administrative procedures should be simplified so that decisions can be taken in a timely manner. Regulation (EU) No 1316/2013 should be amended to allow Member States to agree to categories of proposals in line with the criteria defined in Section 4 of the Annex to Regulation (EU) No 283/2014 in order to avoid the individual approval of applications and ensure that certification of expenditure and annual reporting to the Commission are not obligatory for grants or other forms of financial assistance awarded under this Regulation.

| (15) | Due to the limited reach of any single local wireless access point and the small value of individual projects covered, access points benefitting from financial assistance under this Regulation are not expected to challenge commercial offers. In order to further ensure that such financial assistance does not unduly distort competition, crowd out private investments or create disincentives for private operators to invest, the support provided for under this Regulation should be limited to projects that do not duplicate already existing free private or public offers of similar characteristics in the same public space. This Regulation should not prevent the setting of limitations in the user's terms and conditions, such as limiting connectivity to a period of time or to a reasonable maximum data consumption. |
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(15)

Due to the limited reach of any single local wireless access point and the small value of individual projects covered, access points benefitting from financial assistance under this Regulation are not expected to challenge commercial offers. In order to further ensure that such financial assistance does not unduly distort competition, crowd out private investments or create disincentives for private operators to invest, the support provided for under this Regulation should be limited to projects that do not duplicate already existing free private or public offers of similar characteristics in the same public space. This Regulation should not prevent the setting of limitations in the user's terms and conditions, such as limiting connectivity to a period of time or to a reasonable maximum data consumption.

| (16) | Additional support could contribute to making a more significant impact and should therefore not be excluded. Such additional support could be provided from either public sources of funding, such as Union or national funds, including the European Regional Development Fund, or from private sources of funding. |
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(16)

Additional support could contribute to making a more significant impact and should therefore not be excluded. Such additional support could be provided from either public sources of funding, such as Union or national funds, including the European Regional Development Fund, or from private sources of funding.

| (17) | The available budget should be allocated in a geographically balanced manner across Member States to projects and, in principle, on a ‘first come, first served’ basis. The mechanism aiming to ensure geographical balance should be included in the relevant work programmes adopted pursuant to Regulation (EU) No 1316/2013, and should be further specified in calls for proposals adopted in accordance with that Regulation, if necessary, by, for example, enabling the enhanced participation of applicants from Member States where the take-up of grants or other forms of financial assistance has been comparatively low. |
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(17)

The available budget should be allocated in a geographically balanced manner across Member States to projects and, in principle, on a ‘first come, first served’ basis. The mechanism aiming to ensure geographical balance should be included in the relevant work programmes adopted pursuant to Regulation (EU) No 1316/2013, and should be further specified in calls for proposals adopted in accordance with that Regulation, if necessary, by, for example, enabling the enhanced participation of applicants from Member States where the take-up of grants or other forms of financial assistance has been comparatively low.

| (18) | To ensure that connectivity in accordance with this Regulation is provided quickly, financial assistance should be implemented using to the fullest extent possible online tools that allow for the swift submission and handling of applications and support the implementation, monitoring and auditing of the local wireless access points installed. The Commission and the relevant authorities in the Member States should promote the project of common interest. |
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(18)

To ensure that connectivity in accordance with this Regulation is provided quickly, financial assistance should be implemented using to the fullest extent possible online tools that allow for the swift submission and handling of applications and support the implementation, monitoring and auditing of the local wireless access points installed. The Commission and the relevant authorities in the Member States should promote the project of common interest.

| (19) | This Regulation is without prejudice to national law that complies with Union law, such as national provisions preventing municipalities from providing wireless connectivity that is free of charge directly, while allowing them to provide such connectivity through private entities. |
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(19)

This Regulation is without prejudice to national law that complies with Union law, such as national provisions preventing municipalities from providing wireless connectivity that is free of charge directly, while allowing them to provide such connectivity through private entities.

| (20) | Given the urgent need for internet connectivity within the Union and for promoting access to networks that can deliver, throughout the Union, including in rural areas and remote locations, an internet experience of high quality based at least on high-speed broadband services, and preferably also achieving the objectives of the European Gigabit Society, financial assistance should seek to attain a geographically balanced distribution. |
| --- | --- |

(20)

Given the urgent need for internet connectivity within the Union and for promoting access to networks that can deliver, throughout the Union, including in rural areas and remote locations, an internet experience of high quality based at least on high-speed broadband services, and preferably also achieving the objectives of the European Gigabit Society, financial assistance should seek to attain a geographically balanced distribution.

| (21) | Beneficiary entities should be required to provide the wireless connectivity for not less than three years. |
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(21)

Beneficiary entities should be required to provide the wireless connectivity for not less than three years.

| (22) | Actions financed pursuant to this Regulation should use the most recent and best available equipment, capable of delivering easy-to-access and appropriately secured high-speed connectivity that is free of charge and without discriminatory conditions to its users. |
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(22)

Actions financed pursuant to this Regulation should use the most recent and best available equipment, capable of delivering easy-to-access and appropriately secured high-speed connectivity that is free of charge and without discriminatory conditions to its users.

| (23) | Since the objective of this Regulation, namely to support the provision of high-quality wireless connectivity in local communities across the Union, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
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(23)

Since the objective of this Regulation, namely to support the provision of high-quality wireless connectivity in local communities across the Union, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

| (24) | Regulations (EU) No 1316/2013 and (EU) No 283/2014 should therefore be amended accordingly, |
| --- | --- |

(24)

Regulations (EU) No 1316/2013 and (EU) No 283/2014 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EU) No 1316/2013

Regulation (EU) No 1316/2013 is amended as follows:

| (1) | in Article 2, point (1) is replaced by the following:






  ‘(1) | “project of common interest” means a project identified in Regulation (EU) No 1315/2013, Regulation (EU) No 347/2013 or Regulation (EU) No 283/2014 of the European Parliament and of the Council (*1); |
| --- | --- | --- |

(1)

in Article 2, point (1) is replaced by the following:

‘(1)

“project of common interest” means a project identified in Regulation (EU) No 1315/2013, Regulation (EU) No 347/2013 or Regulation (EU) No 283/2014 of the European Parliament and of the Council (*1

(*1)  Regulation (EU) No 283/2014 of the European Parliament and of the Council of 11 March 2014 on guidelines for trans-European networks in the area of telecommunications infrastructure and repealing Decision No 1336/97/EC (OJ L 86, 21.3.2014, p. 14).’;"

*1

| (2) | in Article 4, paragraph 4 is replaced by the following:

  ‘4.   In the telecommunications sector, the CEF shall support actions that pursue the objectives specified in Regulation (EU) No 283/2014.’; |
| --- | --- |

(2)

in Article 4, paragraph 4 is replaced by the following:

‘4.   In the telecommunications sector, the CEF shall support actions that pursue the objectives specified in Regulation (EU) No 283/2014.’;

| (3) | in the first subparagraph of Article 5(1), point (b) is replaced by the following:






  ‘(b) | telecommunications sector: EUR 1 066 602 000;’; |
| --- | --- | --- |

(3)

in the first subparagraph of Article 5(1), point (b) is replaced by the following:

‘(b)

telecommunications sector: EUR 1 066 602 000;’;

| (4) | Article 7 is amended as follows:






  (a) | paragraph 1 is replaced by the following:

  ‘1.   Only actions contributing to projects of common interest in accordance with Regulations (EU) No 1315/2013, (EU) No 347/2013 and (EU) No 283/2014, as well as programme support actions, shall be eligible for support through Union financial assistance, in particular in the form of grants, procurement and financial instruments.’; |
| --- | --- | --- |

(4)

Article 7 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Only actions contributing to projects of common interest in accordance with Regulations (EU) No 1315/2013, (EU) No 347/2013 and (EU) No 283/2014, as well as programme support actions, shall be eligible for support through Union financial assistance, in particular in the form of grants, procurement and financial instruments.’;

| (b) | paragraph 4 is replaced by the following:

  ‘4.   In the telecommunications sector, all actions implementing the projects of common interest and programme support actions identified in Regulation (EU) No 283/2014 and meeting eligibility criteria and/or conditions laid down in accordance with that Regulation shall be eligible to receive Union financial assistance under this Regulation, as follows:






  (a) | generic services, core service platforms and programme support actions shall be financed through grants and/or procurement; |
| --- | --- | --- |

(b)

paragraph 4 is replaced by the following:

‘4.   In the telecommunications sector, all actions implementing the projects of common interest and programme support actions identified in Regulation (EU) No 283/2014 and meeting eligibility criteria and/or conditions laid down in accordance with that Regulation shall be eligible to receive Union financial assistance under this Regulation, as follows:

(a)

generic services, core service platforms and programme support actions shall be financed through grants and/or procurement;

| (b) | actions in the field of broadband networks shall be financed through financial instruments; |
| --- | --- |

(b)

actions in the field of broadband networks shall be financed through financial instruments;

| (c) | actions in the field of providing local wireless connectivity that is free of charge and without discriminatory conditions in local communities shall be financed through grants or other forms of financial assistance, not including financial instruments.’; |
| --- | --- |

(c)

actions in the field of providing local wireless connectivity that is free of charge and without discriminatory conditions in local communities shall be financed through grants or other forms of financial assistance, not including financial instruments.’;

| (5) | in Article 9, the following paragraph is inserted:

  ‘1a.   Where justified by the need to avoid an undue administrative burden, in particular in the case of low value grants within the meaning of Article 185 of Delegated Regulation (EU) No 1268/2012, the Member States referred to in paragraph 1 of this Article may agree to a category of proposals under the work programmes adopted pursuant to Article 17 of this Regulation, without indicating individual applicants. Such an agreement shall eliminate the need for Member States to approve each individual application.’; |
| --- | --- |

(5)

in Article 9, the following paragraph is inserted:

‘1a.   Where justified by the need to avoid an undue administrative burden, in particular in the case of low value grants within the meaning of Article 185 of Delegated Regulation (EU) No 1268/2012, the Member States referred to in paragraph 1 of this Article may agree to a category of proposals under the work programmes adopted pursuant to Article 17 of this Regulation, without indicating individual applicants. Such an agreement shall eliminate the need for Member States to approve each individual application.’;

| (6) | in Article 10(4), the following subparagraph is added:
  ‘Actions in the field of providing local wireless connectivity that is free of charge and without discriminatory conditions in local communities shall be funded by Union financial assistance covering up to 100 % of the eligible costs, without prejudice to the principle of co-financing.’; |
| --- | --- |

(6)

in Article 10(4), the following subparagraph is added:

‘Actions in the field of providing local wireless connectivity that is free of charge and without discriminatory conditions in local communities shall be funded by Union financial assistance covering up to 100 % of the eligible costs, without prejudice to the principle of co-financing.’;

| (7) | in Article 14, paragraph 1 is replaced by the following:

  ‘1.   Financial instruments set up in accordance with Title VIII of Regulation (EU, Euratom) No 966/2012 may be used to facilitate access to finance by entities implementing actions contributing to projects of common interest as defined in Regulations (EU) No 1315/2013, (EU) No 347/2013 and (EU) No 283/2014, and to the achievement of their objectives. Those financial instruments shall be based on ex-ante assessments of market imperfections or sub-optimal investment situations and investment needs. The main terms, conditions and procedures for each financial instrument shall be those laid down in Part III of Annex I to this Regulation.’; |
| --- | --- |

(7)

in Article 14, paragraph 1 is replaced by the following:

‘1.   Financial instruments set up in accordance with Title VIII of Regulation (EU, Euratom) No 966/2012 may be used to facilitate access to finance by entities implementing actions contributing to projects of common interest as defined in Regulations (EU) No 1315/2013, (EU) No 347/2013 and (EU) No 283/2014, and to the achievement of their objectives. Those financial instruments shall be based on ex-ante assessments of market imperfections or sub-optimal investment situations and investment needs. The main terms, conditions and procedures for each financial instrument shall be those laid down in Part III of Annex I to this Regulation.’;

| (8) | in Article 17, paragraph 5 is replaced by the following:

  ‘5.   The Commission, when adopting multiannual and sectoral annual work programmes, shall establish the selection and award criteria in line with the objectives and priorities laid down in Articles 3 and 4 of this Regulation and in Regulations (EU) No 1315/2013, (EU) No 347/2013 and (EU) No 283/2014. When setting the award criteria, the Commission shall take into account the general orientations laid down in Part V of Annex I to this Regulation.’; |
| --- | --- |

(8)

in Article 17, paragraph 5 is replaced by the following:

‘5.   The Commission, when adopting multiannual and sectoral annual work programmes, shall establish the selection and award criteria in line with the objectives and priorities laid down in Articles 3 and 4 of this Regulation and in Regulations (EU) No 1315/2013, (EU) No 347/2013 and (EU) No 283/2014. When setting the award criteria, the Commission shall take into account the general orientations laid down in Part V of Annex I to this Regulation.’;

| (9) | in Article 22, the following paragraphs are added:
  ‘The certification of the expenditure referred to in the second paragraph of this Article is not mandatory for grants or other forms of financial assistance awarded pursuant to point (c) of Article 4(1) of Regulation (EU) No 283/2014.
  The requirement to inform the Commission annually referred to in the third paragraph of this Article shall not apply for grants or other forms of financial assistance awarded pursuant to point (c) of Article 4(1) of Regulation (EU) No 283/2014.’. |
| --- | --- |

(9)

in Article 22, the following paragraphs are added:

‘The certification of the expenditure referred to in the second paragraph of this Article is not mandatory for grants or other forms of financial assistance awarded pursuant to point (c) of Article 4(1) of Regulation (EU) No 283/2014.

The requirement to inform the Commission annually referred to in the third paragraph of this Article shall not apply for grants or other forms of financial assistance awarded pursuant to point (c) of Article 4(1) of Regulation (EU) No 283/2014.’.

Article 2

Amendments to Regulation (EU) No 283/2014

Regulation (EU) No 283/2014 is amended as follows:

| (1) | in Article 2(2), the following point is added:






  ‘(h) | “local wireless access point” means low power equipment of small size operating within a small range, using on a non-exclusive basis radio spectrum for which the conditions of availability and efficient use for that purpose are harmonised at Union level, and which allows wireless access by users to an electronic communications network.’; |
| --- | --- | --- |

(1)

in Article 2(2), the following point is added:

‘(h)

“local wireless access point” means low power equipment of small size operating within a small range, using on a non-exclusive basis radio spectrum for which the conditions of availability and efficient use for that purpose are harmonised at Union level, and which allows wireless access by users to an electronic communications network.’;

| (2) | in Article 4(1), the following point is added:






  ‘(c) | support the provision of high-quality local wireless connectivity that is free of charge and without discriminatory conditions in local communities.’; |
| --- | --- | --- |

(2)

in Article 4(1), the following point is added:

‘(c)

support the provision of high-quality local wireless connectivity that is free of charge and without discriminatory conditions in local communities.’;

| (3) | Article 5 is amended as follows:






  (a) | the following paragraph is inserted:

  ‘5a.   Actions contributing to projects of common interest in the field of providing local wireless connectivity that is free of charge and without discriminatory conditions in local communities shall be supported by:






  (a) | grants; and/or |
| --- | --- | --- | --- |

(3)

Article 5 is amended as follows:

(a)

the following paragraph is inserted:

‘5a.   Actions contributing to projects of common interest in the field of providing local wireless connectivity that is free of charge and without discriminatory conditions in local communities shall be supported by:

(a)

grants; and/or

| (b) | other forms of financial assistance, not including financial instruments.’; |
| --- | --- |

(b)

other forms of financial assistance, not including financial instruments.’;

| (b) | in paragraph 7, the second subparagraph is replaced by the following:
  ‘That amount shall be up to 15 % of the financial envelope for the telecommunications sector referred to in point (b) of Article 5(1) of Regulation (EU) No 1316/2013.’; |
| --- | --- |

(b)

in paragraph 7, the second subparagraph is replaced by the following:

‘That amount shall be up to 15 % of the financial envelope for the telecommunications sector referred to in point (b) of Article 5(1) of Regulation (EU) No 1316/2013.’;

| (4) | in Article 6, the following paragraph is inserted:

  ‘8a.   Actions contributing to projects of common interest in the field of providing high-quality local wireless connectivity that is free of charge and without discriminatory conditions in local communities shall meet conditions set out in Section 4 of the Annex in order to be eligible for the funding.’; |
| --- | --- |

(4)

in Article 6, the following paragraph is inserted:

‘8a.   Actions contributing to projects of common interest in the field of providing high-quality local wireless connectivity that is free of charge and without discriminatory conditions in local communities shall meet conditions set out in Section 4 of the Annex in order to be eligible for the funding.’;

| (5) | in Article 8(9), the following point is added:






  ‘(d) | the number of connections to local wireless access points established under actions implementing Section 4 of the Annex.’; |
| --- | --- | --- |

(5)

in Article 8(9), the following point is added:

‘(d)

the number of connections to local wireless access points established under actions implementing Section 4 of the Annex.’;

| (6) | in the Annex, the following section is added:

  ‘SECTION 4. WIRELESS CONNECTIVITY IN LOCAL COMMUNITIES
  Actions must aim for the provision of local wireless connectivity that is free of charge and without discriminatory conditions in centres of local public life, including outdoor spaces accessible to the general public that play a major role in the public life of local communities, to be eligible for financial assistance. For the purpose of accessibility, those actions shall provide access to services at least in the relevant languages of the Member State concerned and, to the extent possible, in other official languages of the institutions of the Union.
  Financial assistance shall be available to public sector bodies as defined in point (1) of Article 3 of Directive (EU) 2016/2102 of the European Parliament and of the Council (*2), undertaking to provide, in accordance with national law, local wireless connectivity that is free of charge and without discriminatory conditions through the installation of local wireless access points.
  Actions taken for the provision of local wireless connectivity shall be eligible to receive funding if they:






  (1) | are implemented by a public sector body as referred to in the second paragraph which is capable of planning and supervising the installation, as well as ensuring for a minimum of three years the financing of operating costs, of indoor or outdoor local wireless access points in public spaces; |
| --- | --- | --- |

(6)

in the Annex, the following section is added:

‘SECTION 4. WIRELESS CONNECTIVITY IN LOCAL COMMUNITIES

Actions must aim for the provision of local wireless connectivity that is free of charge and without discriminatory conditions in centres of local public life, including outdoor spaces accessible to the general public that play a major role in the public life of local communities, to be eligible for financial assistance. For the purpose of accessibility, those actions shall provide access to services at least in the relevant languages of the Member State concerned and, to the extent possible, in other official languages of the institutions of the Union.

Financial assistance shall be available to public sector bodies as defined in point (1) of Article 3 of Directive (EU) 2016/2102 of the European Parliament and of the Council (*2), undertaking to provide, in accordance with national law, local wireless connectivity that is free of charge and without discriminatory conditions through the installation of local wireless access points.

*2

Actions taken for the provision of local wireless connectivity shall be eligible to receive funding if they:

(1)

are implemented by a public sector body as referred to in the second paragraph which is capable of planning and supervising the installation, as well as ensuring for a minimum of three years the financing of operating costs, of indoor or outdoor local wireless access points in public spaces;

| (2) | build on high-speed broadband connectivity enabling delivery of high-quality internet experience to users that:






  (a) | is free of charge and without discriminatory conditions, easy to access, secured, and uses most recent and best available equipment, capable of delivering high-speed connectivity to its users; and |
| --- | --- | --- |

(2)

build on high-speed broadband connectivity enabling delivery of high-quality internet experience to users that:

(a)

is free of charge and without discriminatory conditions, easy to access, secured, and uses most recent and best available equipment, capable of delivering high-speed connectivity to its users; and

| (b) | supports access to innovative digital services, such as those offered via digital service infrastructures; |
| --- | --- |

(b)

supports access to innovative digital services, such as those offered via digital service infrastructures;

| (3) | use the common visual identity to be provided by the Commission and link to the associated online tools; |
| --- | --- |

(3)

use the common visual identity to be provided by the Commission and link to the associated online tools;

| (4) | respect the principles of technological neutrality at the level of the backhaul, the efficient use of public funding and the ability to adapt projects to the best technological offers; |
| --- | --- |

(4)

respect the principles of technological neutrality at the level of the backhaul, the efficient use of public funding and the ability to adapt projects to the best technological offers;

| (5) | commit to procure the necessary equipment and/or related installation services in accordance with applicable law to ensure that projects do not unduly distort competition. |
| --- | --- |

(5)

commit to procure the necessary equipment and/or related installation services in accordance with applicable law to ensure that projects do not unduly distort competition.

Actions duplicating existing free private or public offers of similar characteristics, including quality, in the same public space shall not be eligible to receive funding. Such duplication may be avoided by ensuring that the range of the access points funded under this Regulation is designed to cover primarily public spaces and not to overlap with that of existing private or public offers of similar characteristics.

The available budget shall be allocated in a geographically balanced manner across Member States to actions meeting the conditions set out in this Section in light of the number of proposals received and, in principle, on a “first come, first served” basis. The total allocation of funds under each call shall include all Member States from which eligible proposals are received.

Actions financed under this Section shall be in operation and closely monitored by the Commission for at least three years. After the operational period the Commission shall continue to provide an overview of functionality of those actions and possible input for future initiatives.

(*2)  Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1).’."

*2

Article 3

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 25 October 2017.

For the European Parliament

The President

A. TAJANI

For the Council

The President

M. MAASIKAS

---

(1)  
  OJ C 125, 21.4.2017, p. 69.

1

(2)  
  OJ C 207, 30.6.2017, p. 87.

2

(3)  Position of the European Parliament of 12 September 2017 (not yet published in the Official Journal) and decision of the Council of 9 October 2017.

3

(4)  Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users' rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJ L 310, 26.11.2015, p. 1).

4

(5)  Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129).

5

(6)  Regulation (EU) No 283/2014 of the European Parliament and of the Council of 11 March 2014 on guidelines for trans-European networks in the area of telecommunications infrastructure and repealing Decision No 1336/97/EC (OJ L 86, 21.3.2014, p. 14).

6

(7)  Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016. p. 1).

7

(8)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

8

---

Joint statement by the European Parliament, the Council and the Commission

The European Parliament, the Council and the Commission agree that the WiFi4EU initiative should have meaningful impact and scalability. To this end, they note that if an increase of EUR 25 000 000 to EUR 50 000 000 of the financial envelope for the implementation of CEF in the telecommunications sector cannot be secured in full, the Commission might propose reallocations within that envelope in order to facilitate overall funding for the promotion of internet connectivity in local communities of EUR 120 000 000.

scalability

---

| 1.11.2017 | EN | Official Journal of the European Union | L 286/9 |
| --- | --- | --- | --- |

1.11.2017

EN

Official Journal of the European Union

L 286/9

---

REGULATION (EU) 2017/1954 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 25 October 2017

amending Council Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(a) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

| (1) | Council Regulation (EC) No 1030/2002 (2) lays down a uniform format for residence permits for third-country nationals. |
| --- | --- |

(1)

Council Regulation (EC) No 1030/2002 (2) lays down a uniform format for residence permits for third-country nationals.

| (2) | The current uniform format for residence permits, which has been used for 20 years, is considered to be compromised in view of serious incidents of counterfeiting and fraud. |
| --- | --- |

(2)

The current uniform format for residence permits, which has been used for 20 years, is considered to be compromised in view of serious incidents of counterfeiting and fraud.

| (3) | A new common design for residence permits for third-country nationals should therefore be established, with more modern security features in order to render such permits more secure and to prevent forgery. |
| --- | --- |

(3)

A new common design for residence permits for third-country nationals should therefore be established, with more modern security features in order to render such permits more secure and to prevent forgery.

| (4) | Third-country nationals who hold a valid residence permit drawn up in the uniform format issued by one of the Member States which apply the Schengen acquis in full have the right to move freely for up to 90 days within the Schengen area, provided that they fulfil the entry conditions referred to in Regulation (EU) 2016/399 of the European Parliament and of the Council (3) (Schengen Borders Code). |
| --- | --- |

(4)

Third-country nationals who hold a valid residence permit drawn up in the uniform format issued by one of the Member States which apply the Schengen acquis in full have the right to move freely for up to 90 days within the Schengen area, provided that they fulfil the entry conditions referred to in Regulation (EU) 2016/399 of the European Parliament and of the Council (3) (Schengen Borders Code).

| (5) | Union legislation on the entry and residence of third-country nationals sets out schemes granting additional mobility rights, with specific conditions for entry and stay in Member States which are bound by that acquis. Residence permits issued in accordance with that legislation use the uniform format laid down in Regulation (EC) No 1030/2002. Therefore, in order to enable the competent authorities to identify third-country nationals who may benefit from those specific mobility rights, it is important that those residence permits clearly display the relevant entries, such as ‘researcher’, ‘student’ or ‘ICT’ in accordance with the relevant Union legislation. |
| --- | --- |

(5)

Union legislation on the entry and residence of third-country nationals sets out schemes granting additional mobility rights, with specific conditions for entry and stay in Member States which are bound by that acquis. Residence permits issued in accordance with that legislation use the uniform format laid down in Regulation (EC) No 1030/2002. Therefore, in order to enable the competent authorities to identify third-country nationals who may benefit from those specific mobility rights, it is important that those residence permits clearly display the relevant entries, such as ‘researcher’, ‘student’ or ‘ICT’ in accordance with the relevant Union legislation.

| (6) | In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement this Regulation in its national law. |
| --- | --- |

(6)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement this Regulation in its national law.

| (7) | In accordance with Articles 1 and 2 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Regulation and are not bound by it or subject to its application. |
| --- | --- |

(7)

In accordance with Articles 1 and 2 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Regulation and are not bound by it or subject to its application.

| (8) | This Regulation constitutes an act building upon, or otherwise related to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, of Article 4(1) of the 2005 Act of Accession and of Article 4(1) of the 2011 Act of Accession. |
| --- | --- |

(8)

This Regulation constitutes an act building upon, or otherwise related to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, of Article 4(1) of the 2005 Act of Accession and of Article 4(1) of the 2011 Act of Accession.

| (9) | As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis (4) which fall within the area referred to in Article 1, point B, of Council Decision 1999/437/EC (5). |
| --- | --- |

(9)

As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis (4) which fall within the area referred to in Article 1, point B, of Council Decision 1999/437/EC (5).

| (10) | As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (6) which fall within the area referred to in Article 1, point B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (7). |
| --- | --- |

(10)

As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (6) which fall within the area referred to in Article 1, point B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (7).

| (11) | As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (8) which fall within the area referred to in Article 1, point B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (9). |
| --- | --- |

(11)

As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (8) which fall within the area referred to in Article 1, point B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (9).

| (12) | To allow Member States to use up existing stocks of residence permits, a transitional period should be provided for within which Member States can still use the old residence permits. |
| --- | --- |

(12)

To allow Member States to use up existing stocks of residence permits, a transitional period should be provided for within which Member States can still use the old residence permits.

| (13) | Regulation (EC) No 1030/2002 should therefore be amended accordingly, |
| --- | --- |

(13)

Regulation (EC) No 1030/2002 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1030/2002 is replaced by the images and text set out in the Annex to this Regulation.

Article 2

Residence permits conforming to the specifications set out in the Annex to Regulation (EC) No 1030/2002, which are applicable until the date referred to in the second paragraph of Article 3 of this Regulation, may be issued until six months after that date.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Member States shall apply this Regulation at the latest 15 months after the adoption of the additional technical specifications referred to in Article 2 of Regulation (EC) No 1030/2002.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Strasbourg, 25 October 2017.

For the European Parliament

The President

A. TAJANI

For the Council

The President

M. MAASIKAS

---

(1)  Position of the European Parliament of 13 September 2017 (not yet published in the Official Journal) and decision of the Council of 9 October 2017.

1

(2)  Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157, 15.6.2002, p. 1).

2

(3)  Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).

3

(4)  
  OJ L 176, 10.7.1999, p. 36.

4

(5)  Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).

5

acquis

(6)  
  OJ L 53, 27.2.2008, p. 52.

6

(7)  Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

7

acquis

(8)  
  OJ L 160, 18.6.2011, p. 21.

8

(9)  Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

9

acquis

---

ANNEX

‘ANNEX

FRONT AND REVERSE OF THE CARD

Image 1

Image 2

(a)   Description

The residence permit, including biometrics, shall be produced as a stand-alone document in ID — 1 format. It shall draw on the specifications set out in the ICAO document on machine-readable travel documents (Document 9303, seventh edition, 2015). It shall contain the following (1):

| Front of the card:





  1. | The three-letter country code of the issuing Member State as set out in ICAO Document 9303 on machine-readable travel documents, integrated into the background printing. |
| --- | --- |

Front of the card:

1.

The three-letter country code of the issuing Member State as set out in ICAO Document 9303 on machine-readable travel documents, integrated into the background printing.

| 2. | The ICAO symbol for a machine-readable travel document with a contactless microchip (e-MRTD symbol), in optically variable colouring. Depending on the angle of view, it shall appear in different colours. |
| --- | --- |

2.

The ICAO symbol for a machine-readable travel document with a contactless microchip (e-MRTD symbol), in optically variable colouring. Depending on the angle of view, it shall appear in different colours.

| 3.1. | The title of the document (“Residence Permit”) shall appear in the language(s) of the issuing Member State. |
| --- | --- |

3.1.

The title of the document (“Residence Permit”) shall appear in the language(s) of the issuing Member State.

| 3.2. | Repetition of the document title referred to in field 3.1, in at least one other (maximum two) official languages of the institutions of the Union, in order to facilitate the recognition of the card as a residence permit for third-country nationals. |
| --- | --- |

3.2.

Repetition of the document title referred to in field 3.1, in at least one other (maximum two) official languages of the institutions of the Union, in order to facilitate the recognition of the card as a residence permit for third-country nationals.

| 4.1. | The document number. |
| --- | --- |

4.1.

The document number.

| 4.2. | Repetition of the document number (with special security features). |
| --- | --- |

4.2.

Repetition of the document number (with special security features).

| 5. | The card access number (CAN). |
| --- | --- |

5.

The card access number (CAN).

The headings of entries 6 to 12 shall appear in the issuing Member State's language(s). The issuing Member State may add another official language of the institutions of the Union on the same line, up to a total of no more than two languages.

| 6. | Name: surname(s) and forename(s), in that order (2). |
| --- | --- |

6.

Name: surname(s) and forename(s), in that order (2).

| 7. | Sex. |
| --- | --- |

7.

Sex.

| 8. | Nationality. |
| --- | --- |

8.

Nationality.

| 9. | Date of birth. |
| --- | --- |

9.

Date of birth.

| 10. | Type of permit: the specific type of residence permit issued by the Member State to the third-country national. The residence permit of a Member of the family of a citizen of the European Union who has not exercised the right of free movement must contain the entry “family member”. In the case of beneficiaries under Article 3(2) of Directive 2004/38/EC of the European Parliament and of the Council (3), Member States may enter “beneficiary under Article 3(2) of Directive 2004/38/EC”. |
| --- | --- |

10.

Type of permit: the specific type of residence permit issued by the Member State to the third-country national. The residence permit of a Member of the family of a citizen of the European Union who has not exercised the right of free movement must contain the entry “family member”. In the case of beneficiaries under Article 3(2) of Directive 2004/38/EC of the European Parliament and of the Council (3), Member States may enter “beneficiary under Article 3(2) of Directive 2004/38/EC”.

| 11. | The expiry date of the document (4). |
| --- | --- |

11.

The expiry date of the document (4).

| 12. | Remarks: Member States may enter details and observations for national use as required in the light of their national provisions on third-country nationals, including observations relating to any permission to work or unlimited validity of the permission to stay (5). |
| --- | --- |

12.

Remarks: Member States may enter details and observations for national use as required in the light of their national provisions on third-country nationals, including observations relating to any permission to work or unlimited validity of the permission to stay (5).

| 13. | An identity photograph shall be securely integrated into the card body and secured by a diffractive optically variable image device (DOVID). |
| --- | --- |

13.

An identity photograph shall be securely integrated into the card body and secured by a diffractive optically variable image device (DOVID).

| 14. | Signature of the holder. |
| --- | --- |

14.

Signature of the holder.

| 15. | DOVID for portrait protection. |
| --- | --- |

15.

DOVID for portrait protection.

| Reverse of the card:





  16. | Remarks: Member States may enter details and observations for national use as required in the light of their national provisions on third-country nationals, including observations relating to any permission to work (6), followed by two mandatory entries:





  16.1. | Date of issue, place of issue/issuing authority: The date and place of issue of the residence permit. Where appropriate, the place of issue may be substituted with a reference to the issuing authority. |
| --- | --- | --- |

Reverse of the card:

16.

Remarks: Member States may enter details and observations for national use as required in the light of their national provisions on third-country nationals, including observations relating to any permission to work (6), followed by two mandatory entries:

16.1.

Date of issue, place of issue/issuing authority: The date and place of issue of the residence permit. Where appropriate, the place of issue may be substituted with a reference to the issuing authority.

| 16.2. | Place of birth. |
| --- | --- |

16.2.

Place of birth.

Entries 16.1 and 16.2 may be followed by optional entries (7) such as “Address of the holder”.

| 16.3. | Optional field for information related to the production of the card, such as name of the producer, version number, etc. |
| --- | --- |

16.3.

Optional field for information related to the production of the card, such as name of the producer, version number, etc.

| 17. | Machine-readable zone. The machine-readable zone shall conform to the relevant ICAO guidelines set out in ICAO Document 9303 on machine-readable travel documents. |
| --- | --- |

17.

Machine-readable zone. The machine-readable zone shall conform to the relevant ICAO guidelines set out in ICAO Document 9303 on machine-readable travel documents.

| 18. | The printed area shall contain the national emblem of the Member State to distinguish the residence permit and provide certainty as to its national origin. |
| --- | --- |

18.

The printed area shall contain the national emblem of the Member State to distinguish the residence permit and provide certainty as to its national origin.

| 19. | The machine-readable zone shall contain printed text in the background printing indicating the issuing Member State. This text shall not affect the technical features of the machine-readable zone. |
| --- | --- |

19.

The machine-readable zone shall contain printed text in the background printing indicating the issuing Member State. This text shall not affect the technical features of the machine-readable zone.

Visible national security features (without prejudice to the technical specifications established under Article 2(1)(f) of this Regulation):

| 20. | An RF chip shall be used as a storage medium in accordance with Article 4a of this Regulation. Member States may also incorporate in the residence permit a dual interface or a separate contact chip for national use. Such contact chips shall be placed on the reverse of the card, comply with ISO standards and in no way interfere with the RF chip. |
| --- | --- |

20.

An RF chip shall be used as a storage medium in accordance with Article 4a of this Regulation. Member States may also incorporate in the residence permit a dual interface or a separate contact chip for national use. Such contact chips shall be placed on the reverse of the card, comply with ISO standards and in no way interfere with the RF chip.

| 21. | Optional transparent window. |
| --- | --- |

21.

Optional transparent window.

| 22. | Optional transparent border. |
| --- | --- |

22.

Optional transparent border.

(b)   Colour, printing process

The Member States shall establish the colour and the printing process in accordance with the uniform format set out in this Annex and the additional technical specifications to be established in accordance with Article 2 of this Regulation.

(c)   Material

The card shall be made entirely of polycarbonate or equivalent synthetic polymer (lasting for at least 10 years).

(d)   Printing techniques

The following printing techniques shall be employed:

| — | highly secure background offset printing, |
| --- | --- |

—

highly secure background offset printing,

| — | UV-fluorescent printing, |
| --- | --- |

—

UV-fluorescent printing,

| — | rainbow printing. |
| --- | --- |

—

rainbow printing.

The security design of the front of the card shall be distinguishable from the back of the card.

(e)   Numbering

The document number shall appear in more than one position on the document (excluding the machine-readable zone).

(f)   Protection against copying

An upgraded DOVID providing a quality of identification and a level of security not less than the device used in the current uniform format for visas shall be used on the front of the residence permit with advanced design and features, including an enhanced diffractive element for advanced machine verification.

(g)   Personalisation technique

To ensure that residence permit data are properly secured against counterfeiting and falsification attempts, biographical data including the photograph, the holder's signature and the other main data shall be integrated into the basic material of the document. This personalisation shall be done using laser engraving technology or other equivalent secure technology.

(h)   Member States may also add additional national security features, provided that these are included in the list established under Article 2(1)(f) of this Regulation, that they comply with the harmonised appearance of the models above and that the efficiency of the uniform security features is not diminished.

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(1)  The headings to be printed are specified in the technical specifications to be adopted under Article 6 of this Regulation.

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(2)  A single field is provided for the surnames and forenames. The surnames shall be given in upper case; the forenames in lower case but with upper case for the first letter. No separators between surnames and forenames are allowed. However, the character “,” is allowed as a separator between first and second surnames or forenames (example: TOLEDO, BURGOS Ana, Maria). If it is necessary, first and second surnames can be combined in the same line, as well as surnames and forenames, in order to save space.

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(3)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).

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(4)  The entry shall only be made in a date format (dd/mm/yyyy) and not in words such as “temporary” or “unlimited” as the expiry date relates to the physical document and not to the right of residence.

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(5)  Additional remarks can also be entered in field 16 (“Remarks”) on the reverse of the card.

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(6)  All the space available on the reverse of the card (except for the machine-readable zone) shall be reserved for the “Remarks” field. It will contain the actual remarks, followed by mandatory fields (date of issue, place of issue/issuing authority, place of birth), and followed by the optional fields each Member State needs.

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(7)  Optional entries must be preceded by sub-headings.

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