Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form
Date: 2002-02-18
Institutions: Council of the European Union
Subjects: EU visa policy, migration control, passport

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COUNCIL REGULATION (EC) No 333/2002

of 18 February 2002

on a uniform format for forms for affixing the visa issued by Member States to persons holding
travel documents not recognised by the Member State drawing up the form

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 62(2)(b)(iii) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The harmonisation of visa policy is an essential measure
in relation to establishing progressively an area of
freedom, security and justice, specifically as regards
border crossing.

Measure No 38 of the Vienna Action Plan, adopted by
the Justice and Home Affairs Council on 3 December
1998, states that attention must be given to new tech-
nical developments in order to ensure where appropriate
greater security in the uniform format for visas.

Conclusion No 22 of the Tampere European Council of
15 and 16 October 1999 states that a common active
policy on visas and false documents should be further
developed.

Member States currently use forms, for affixing visas
issued to persons holding travel documents which are
not recognised by the Member State drawing up the
form, which do not meet the required security standards.
For this reason, the format for such forms should be
harmonised in order to render them more secure.

This uniform format must contain all
the necessary
information and meet high technical standards, in partic-
ular as regards safeguards against counterfeiting and
falsification. It must also be suited to use by all Member
States and bear universally recognisable harmonised
security features which are clearly visible to the naked
eye.

to a description of

the
This Regulation limits itself
model for the uniform format. The description must be
supplemented by further technical specifications which
must remain secret in order to prevent counterfeiting
and falsification and which may not include personal
data or references to such data. Powers to adopt such
further technical specifications should be conferred on
the Commission, assisted by the Committee established
by Article 6 of Council Regulation (EC) No 1683/95 of
for
29 May 1995 laying down a uniform format
visas (3).

(1) OJ C 180 E, 26.6.2001, p. 301.
(2) Opinion delivered on 12 December 2001 (not yet published in the

Official Journal).

(3) OJ L 164, 14.7.1995, p. 1.

(7)

(8)

(9)

(10)

(11)

(12)

To ensure that the information referred to is not made
available to more persons than necessary, each Member
State should designate a single body having responsi-
bility for printing the uniform format, while remaining
free to change the body, if need be. Each Member State
should communicate the name of the competent body
to the Commission and the other Member States.

Member States should, in concert with the Commission,
implement the necessary measures in order to ensure
the
the processing of personal data respects
that
standard of protection referred to in Directive 95/46/EC
of the European Parliament and of the Council of 24
October 1995 on the protection of
individuals with
regard to the processing of personal data and on the free
movement of such data (4).

The conditions governing entry into the territory of the
Member States or the issue of visas do not affect the
rules currently governing recognition of the validity of
travel documents.

This Regulation constitutes in relation to the imple-
mentation of
the Agreement on the association of
Norway and Iceland a development of the Schengen
acquis within the meaning of the Protocol integrating the
Schengen acquis into the framework of the European
Union.

In accordance with Article 3 of the Protocol on the
position of the United Kingdom and Ireland, annexed to
the Treaty on European Union and to the Treaty estab-
lishing the European Community, the United Kingdom
gave notice by letter of 3 July 2001 of its wish to take
part in the adoption and application of this Regulation.

In accordance with Article 1 of the Protocol on the
position of the United Kingdom and Ireland annexed to
the Treaty on European Union and to the Treaty estab-
lishing the European Community, Ireland is not partici-
pating in the adoption of this Regulation. As a result,
and without prejudice to Article 4 of the said Protocol,
the provisions of
this Regulation do not apply to
Ireland.

(13)

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (5),

(4) OJ L 281, 23.11.1995, p. 31.
(5) OJ L 184, 17.7.1999, p. 23.

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HAS ADOPTED THIS REGULATION:

Article 1

1.
For the purposes of this Regulation, ‘form for affixing a
visa’ shall mean the document issued by the authorities of a
Member State to the holder of a travel document which is not
recognised by that Member State,
to which its competent
authorities affix a visa.

The form for affixing a visa shall correspond to the

2.
model set out in the Annex.

3. Where the holder of a form for affixing a visa is accom-
panied by his or her dependant(s), it shall be for each Member
State to decide whether separate visa sheets should be issued to
the principal and each of his or her dependant(s).

Article 2

The technical specifications applicable to the uniform format
for forms for affixing a visa and the specifications relating to
the following shall be established in accordance with the proce-
dure referred to in Article 5(2):
(a) security features and requirements,

including enhanced

anti-forgery, counterfeiting and falsification standards;
(b) procedures and technical methods to be used for filling in

the uniform form for affixing a visa.

Article 3

The specifications referred to in Article 2 shall be secret. They
shall be made available only to the bodies designated by the
Member States for printing the uniform format and to persons
duly authorised by a Member State or the Commission.

for forms and, where appropriate, to ask for any corrections or
deletions to be made.

No information in machine-readable form shall be given on the
uniform format for forms, unless provided for in the Annex, or
unless it is mentioned in the relevant travel document.

Article 5

This Regulation shall not affect the competence of Member
States with regard to the recognition of States and territorial
units and passports, travel and identity documents issued by
their authorities.

Article 6

The Commission shall be assisted by the Committee set

1.
up by Article 6 of Regulation (EC) No 1683/95.

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at two months.

3.

The Committee shall adopt its rules of procedure.

Article 7

Where Member States use the uniform format for forms for
purposes other than those covered by Article 1, appropriate
measures must be taken to ensure that no confusion is possible
with the form defined in Article 1.

Article 8

Each Member State shall designate one body having responsi-
bility for printing the uniform format
It shall
communicate the name of that body to the Commission and
the other Member States. The same body may be designated by
two or more Member States. Each Member State shall be
entitled to change its designated body.
inform the
Commission and the other Member States accordingly.

for forms.

It shall

The Member States shall use the uniform format for forms for
affixing a visa no later than two years after the adoption of the
measures referred to in Article 2(a). However, the validity of
authorisations granted already and issued in another format
shall not be affected by the introduction of the uniform format
for
the Member State
concerned decides otherwise.

for affixing a visa, unless

forms

Article 4

Without prejudice to data protection rules, persons to whom
the uniform format for forms is issued shall have the right to
verify the personal particulars contained in the uniform format

Article 9

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaty establishing the European Community.

Done at Brussels, 18 February 2002.

For the Council

The President

J. PIQUÉ I CAMPS

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ANNEX