Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals
Date: 2002-06-13
Institutions: Council of the European Union
Subjects: foreign national, migration control, residence permit

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(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1030/2002

of 13 June 2002

laying down a uniform format for residence permits for third-country nationals

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular point 3 of Article 63 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)

The Treaty of Amsterdam aims to establish progressively
an area of freedom, security and justice and confers a
shared right of initiative on the Commission in order to
take the relevant measures on a harmonised immigration
policy.

Paragraph 38(c)(ii) of the action plan of the Council and
the Commission on how best to implement the provi-
the Treaty of Amsterdam on an area of
sions of
freedom, security and justice (3) provides for the prepara-
tion of rules concerning procedures for the issue by
Member States of long-visas and residence permits.

The Tampere European Council of 15 and 16 October
1999 emphasised the need for this harmonised immigra-
tion policy, particularly in view of the provisions of the
Treaty relating to the entry and residence of
third-
country nationals.

Joint Action 97/11/JHA (4)

Council
a
uniform format for residence permits confirms the need
to harmonise the format of residence permits issued by
Member States to third-country nationals. Consequently,
it is appropriate that Joint Action 97/11/JHA should
henceforth be replaced by a Community act.

concerning

It is essential that the uniform format for residence
permits should contain all the necessary information and
meet very high technical standards,
in particular as
regards safeguards against counterfeiting and falsifica-

(1) OJ C 180 E, 26.6.2001, p. 304.
(2) Opinion delivered on 12 December 2001 (not yet published in

the Official Journal).

(3) OJ C 19, 23.1.1999, p. 1.
(4) OJ L 7, 10.1.1997, p. 1.

tion. This will contribute to the objective of preventing
and combating illegal immigration and illegal residence.
The format should also be suited to use by all the
Member States and bear universally recognisable harmo-
nised security features, which are visible to the naked
eye.

In order to improve protection of residence permits
against counterfeiting and falsification, Member States
and the Commission will consider at regular intervals, in
line with technological developments, what changes
should be made to the security features built
into
permits,
especially incorporation and use of new
biometric features.

This Regulation only lays down such specifications as
are not secret. These specifications need to be supple-
mented by specifications which are to remain secret in
order to prevent the risk of counterfeiting and falsifica-
tions and which may not include personal data or refer-
ences to such data. Powers to adopt such additional
technical specifications should be conferred on the
Commission, which will be assisted by the Committee
established by Article 6 of Council Regulation (EC) No
1683/95 of 29 May 1995 laying down a uniform
format for visas (5). In this respect, it should be ensured
that any lack of continuity with regard to the residence
permits arising from the Council Decisions of 17
December 1997 and 8 June 2001 is avoided.

the information in question is not
To ensure that
divulged more widely than is necessary, it is also essen-
tial that each Member State designate a single body for
printing the uniform format for residence permits, while
retaining the possibility of changing that body, if neces-
sary. For security reasons, each Member State should
communicate the name of the competent body to the
Commission and to the other Member States.

(6)

(7)

(8)

(5) OJ L 164, 14.7.1995, p. 1. Regulation as last amended by Regu-

lation (EC) No 334/2002 (OJ L 53, 23.2.2002, p. 7).

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(9)

(10)

(11)

(12)

should,
implement

in consultation with the
Member States
Commission,
to
the necessary measures
ensure that the processing of personal data complies
with the level 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 (1).

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 (2).

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

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark annexed to the Treaty on Euro-
pean Union and to the Treaty establishing the European
Community, Denmark is not participating in the adop-
tion of this Regulation and is therefore not bound by it
or subject to its application. Given that this Regulation
aims to build upon the Schengen acquis under the provi-
sions of the third part of Title IV of the Treaty estab-
lishing the European Community, Denmark will,
in
accordance with Article 5 of the said Protocol, decide
within a period of six months after the Council has
adopted this Regulation whether it will transpose it into
its national

law.

(13) As regards the Republic of Iceland and the Kingdom of
Norway, this Regulation constitutes a development of
the provisions of the Schengen acquis falling within the
area referred to in Article 1, point B, of 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 (3).

(14)

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.

(15)

In accordance with Article 1 of the said Protocol, Ireland
is not participating in the adoption of this Regulation.
Consequently and without prejudice to Article 4 of the

(1) OJ L 281, 23.11.1995, p. 31.
(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ L 176, 10.7.1999, p. 31.

aforementioned Protocol, the provisions of this Regula-
tion do not apply to Ireland,

HAS ADOPTED THIS REGULATION:

Article 1

1.
Residence permits issued by Member States to third-
country nationals shall be drawn up in a uniform format and
provide sufficient space for the information set out in the
Annex hereto. The uniform format may be used as a sticker or
a stand-alone document. Each Member State may add in the
relevant space of the uniform format information of impor-
tance regarding the nature of the permit and the legal status of
the person concerned, in particular information as to whether
or not the person is permitted to work.

2.

For the purpose of this Regulation,

(a) ‘residence permit’ shall mean any authorisation issued by
the authorities of a Member State allowing a third-country
national to stay legally on its territory, with the exception
of:

(i) visas;

(ii) permits issued pending examination of an application

for a residence permit or for asylum;

(iii) authorisations issued for a stay of a duration not
exceeding six months by Member States not applying
the provisions of Article 21 of the Convention imple-
menting the Schengen Agreement of 14 June 1985
between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and
the French Republic on the gradual abolition of checks
at their common borders (4);

(b) ‘third-country national’ shall mean any person who is not a
citizen of the Union within the meaning of Article 17(1) of
the Treaty.

Article 2

Additional technical specifications for the uniform format
1.
for
relating to the following shall be
residence permits
established in accordance with the procedure referred to in
Article 7(2):

(a) additional security features and requirements including
counterfeiting and falsification

enhanced anti-forgery,
standards;

(b) technical processes and rules for the filling in of

the

uniform residence permit;

(c) other rules to be observed for the filling in of the uniform

residence permit.

2.
The colours of the uniform residence permit may be
changed in accordance with the procedure referred to in Article
7(2).

(4) OJ L 239, 22.9.2000, p. 19.

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Article 3

Article 7

The specifications referred to in Article 2 shall be secret and
not be published. They shall be made available only to the
bodies designated by the Member States as responsible for the
printing and to persons duly authorised by a Member State or
the Commission.

Each Member State shall designate one body having responsi-
bility for printing the uniform residence permit.
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.

It shall

Article 4

Without prejudice to data protection rules, persons to whom
the residence permit is issued shall have the right to verify the
personal particulars contained in the residence permit and,
where appropriate, to have them corrected or deleted.

No information in machine-readable form shall be included in
the residence permit, unless provided for in the Annex hereto
or unless it is mentioned in the relevant travel document.

Article 5

This Regulation shall not apply to third-country nationals who
are:
— members of the families of citizens of the Union exercising

their right to free movement,

— nationals of Member States of the European Free Trade
Association party to the Agreement on the European
Economic Area and members of their families exercising
their right
in accordance with that
Agreement,
— nationals of

from the
requirement to hold a visa and who are authorised to stay
in a Member State for a period of less than three months.

third countries who are exempt

to free movement

The Commission shall be assisted by the Committee set

1.
up by Article 6(2) 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 8

This Regulation shall not affect the powers of the Member
States regarding recognition of States and territorial entities and
passports, identity documents and travel documents issued by
their authorities.

Article 9

Member States shall
issue the uniform format for residence
permits defined in Article 1 no later than one year after the
adoption of the additional security features and requirements
referred to in Article 2(1)(a).

From that date, this Regulation shall,
concerned, replace Joint Action 97/11/JHA.

in the Member States

The integration of the photograph provided for in point 14 of
the Annex on a third-country nationals' residence permit in the
form of a sticker shall be implemented at the latest five years
after the adoption of the technical specifications provided for
the adoption of this measure in Article 2.

However,
the validity of authorisations already granted in
another format of residence permit shall not be affected by the
for residence permits,
the uniform format
introduction of
unless the Member State concerned decides otherwise.

Article 6

The measures necessary for the implementation of this Regula-
tion shall be adopted in accordance with the regulatory proce-
dure referred to in Article 7(2).

Article 10

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 Luxembourg, 13 June 2002.

For the Council

The President

M. RAJOY BREY

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(a) Description

ANNEX

The residence permit will be produced either as a sticker, if possible in ID 2 format, or as a stand-alone document in
ID 1 or ID 2 format. It will be based on the specifications set out in the ICAO documents on machine-readable visas
(document 9303, part 2) or on machine-readable travel documents (cards) (document 9303, part 3). It will contain
the following entries:

1.

2.

The title of the document (residence permit) will appear in the language(s) of the issuing Member State (*).

The document number (with special security features and preceded by an identification letter).

3.1.

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

4.2.

‘Valid until’ will indicate the relevant expiry date or, where appropriate, a word to indicate unlimited validity.

5.3.

Place of issue and date of beginning of validity: the place and date of issue of the residence permit (*).

6.4.

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’.

7.5.−9. Remarks: Member States may enter details and indications for national use necessary in the light of their
national provisions on third-country nationals, including indications relating to any permission to work (*).

8.

9.

10.

11.

12.

13.

14.

Date/signature/authorisation: where appropriate, the signature and seal of the issuing authority and/or the
signature of the holder.

The printed area will contain the national emblem of the Member State to distinguish the residence permit
and provide a safeguard of its national origin.

Machine-readable area. Machine-readable area will conform to ICAO guidelines.

The machine-readable area will contain a printed text indicating exclusively the Member State concerned. This
text may not affect the technical features of the machine-readable area.

Metallised latent image effect,

including the country code of the Member State,

if a sticker is used.

OVD (optically variable device) (kinegram or equivalent sign) which provides a quality of identification and a
level of security not less than the device used in the current uniform format for visas.

If the residence permit is produced as a stand-alone document, an identity photograph will be affixed in this
space and secured by being integrated in the structure of the card or by means of a hot-seal laminate, the
optically variable device being incorporated in each case.

If the residence permit is produced as a sticker, this space will contain a photograph produced according to
high security standards.

15.

The following additional
document:

information boxes will be provided on the back in the case of a stand-alone

— date and place of birth (*),

— nationality (*),

— sex (*),

— remarks (*).

The address of the permit holder may also be indicated (*).

(b) Colour, printing process

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

(*) Where this information appears in an official language using non-Latin characters, it should be transliterated in Latin characters.

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(c) Material

The paper used for the residence permit giving biographical or other data must meet the following minimum
requirements:

— no optical brighteners,

— duo-tone watermarks,

— security reagents to guard against attempts at tampering by chemical erasure,

— coloured fibres (partly visible, partly fluorescent under UV light),

— UV-fluorescent planchettes.

No watermarks are used if the residence permit is issued in the form of a sticker.

If a card for biographical data is made entirely of plastic, it is not usually possible to incorporate the authentication
marks used in paper. The lack of such marks must therefore be compensated for by the use of security printing
techniques, OVDs, or issuing techniques which go beyond the following enhanced security standards. The basic
security features of the materials used should be of a uniform design.

(d) Printing techniques

The following printing techniques will be employed:

— Background printing:

two-tone guilloches,

fluorescent rainbow colouring,

UV-fluorescent overprinting,

effective anti-counterfeiting and falsification motifs,

reagent inks must be used on paper cards and stickers.

The lay-out of the front of a card will be distinguishable from the back of the card.

— Form printing:

with integrated micro printing (unless already included in background printing).

— Numbering:

printed (where possible with a special style of figures or typeface and in UV-fluorescent ink) or, in the case of
cards, integrated, using the same technique as for the biographical data. For stickers, printed numbering using
fluorescent ink and a special style of figures is obligatory.

If stickers are used, intaglio printing with latent image effect, micro text and optically variable ink will also be
employed. Additional optically variable security devices will also be used on cards made entirely of plastic, at least
through the use of optically variable ink or equivalent measures. The basic features of the security printing should be
of a uniform design.

(e) Protection against copying

An OVD providing a quality of identification and a level of security not less than the device used in the current
uniform format for visas will be used on the residence permit sticker or on the front of the residence permit card. This
OVD will be incorporated into the structure of the card, into the hot-sealed laminate or as an OVD overlay, or, on
stickers, as metallised OVD (with intaglio overprinting).

(f) Issuing technique

To ensure that residence permit data are properly secured against attempts at counterfeiting and falsification,
biographical data including the photograph, the holder's signature and the other main data will in future be integrated
into the basic material of the document. Conventional methods of attaching the photograph will no longer be used.

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The following issuing techniques may be used:
— laser printing,
— thermo-transfer,
— ink-jet printing,
— photographic,
— laser engraving.

To ensure that biographical issue data are adequately protected against attempts at tampering, hot-seal lamination
with OVD security laminate will be compulsory where laser printing, thermo-transfer or photographic techniques are
used. Residence permits in card form should also be laminated in this manner when issued using ink-jet printing.
Since multiple hot-seal lamination of travel documents is not feasible when residence permits are affixed in the form
of stickers, ink-jet printing will be the only possible technique for issuing stickers. Laser engraving will be used for
plastic cards (made entirely or partly of synthetics).

(g) Member States have the possibility, with regard to points (c), (d) and (e), to introduce further security features

provided that these are in conformity with decisions already taken on these matters.

The technical requirements and the security features will correspond to the requirements and specifications set out in
Regulation (EC) No 1683/95 laying down a uniform format for visas.

Residence permit for third-country nationals in card form

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Residence permit for third-country nationals in sticker form