Commission Opinion on the request by Ireland to take part in Regulation (EC) 1030/2002 laying down a uniform format for residence permits for third country nationals
Date: 2007-09-07
Institutions: European Commission
Subjects: EC Regulation, Ireland, foreign national, identity document, migration policy, residence permit, technical standard

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.9.2007 
COM(2007) 506 final 

COMMISSION OPINION 

on the request by Ireland to take part in Regulation (EC) 1030/2002 laying down a 
uniform format for residence permits for third country nationals 

EN 

   EN 

 
 
 
  
I. 

1. 

INTRODUCTION 

Council  Regulation  (EC)  No.  1030/2002  of  13  June  2002  lays  down  a  uniform 
format for residence permits for third country nationals1. This Regulation is based on 
Article  63(3)a  TEC,  which  is  part  of  Title  IV  on  Visas,  asylum,  immigration  and 
other  policies  related  to  the  free  movement  of  persons.  Therefore,  the  position  of 
Ireland and the United Kingdom towards this Regulation is subject to the "Protocol 
on  the  Position  of  the  United  Kingdom  and  Ireland".  The  Protocol  states  that  in 
principle, these two Member States do not participate in the adoption of, and are not 
bound by measures based on, Title IV TEC. However each of them can opt in either 
before the adoption of such a measure (a simple notification to that end is sufficient) 
or  afterwards  (notification  to  the  Council  and  the  Commission;  opinion  from  the 
Commission within 3 months and decision by the Commission within 4 months from 
the date of notification), without prejudice to the Protocol integrating the Schengen 
acquis into the framework of the EU. 

2. 

In accordance with Article 3 of the Protocol on the position of the United Kingdom 
and Ireland, the United Kingdom gave notice, by letter of 3 July 2001, of its wish to 
take part in the adoption and application of Regulation No.1030/2002, and it indeed 
participated in the adoption and application of this Regulation.  

In accordance with Article 4 of this Protocol, Ireland notified to the Council and the 
Commission,  by  letter  of  19  December  2003,  its  wish  to  participate  in  Regulation 
No. 1030/2002.  However,  the  procedure  provided  in  Articles  11(3)  and  11a  TEC, 
which should be applied in this case according to Article 4 of the Protocol, has not 
been followed. Despite this procedural error, all institutions and Member States have 
acted since then as if Ireland fully participates in the application of Regulation No. 
1030/2002. 

3. 

On 24 September 2003, the Commission presented a proposal in view of amending 
Regulation No. 1030/20022 and on 10 March 2006 a modified proposal3. 

During  the  discussions  on  this  modified  proposal,  the  above  mentioned  procedural 
error has been detected. 

In order to remedy this error, and in line with the COREPER conclusions of 6 June 
2007, Ireland has notified, by letter of 7 June 2007 (and received on the same date), 
the  confirmation  of  its  initial  notification  and  wish  to  participate  in  Regulation 
No. 1030/2002. 

4. 

The  present  document  constitutes  the  opinion  the  Commission  has  to  give  to  the 
Council,  in  accordance  with  Article  11a  TEC,  on  the  notification  of  Ireland,  on 
7 June 2007, of its intention to participate in Regulation N° 1030/2002, within three 
months of the date of receipt of this notification. 

1 
2 
3 

OJ No. l57, of 15.6.2002. p. 1. 
COM(2003) 558 final. 
COM(2006) 110 final. 

EN 

2 

   EN 

 
                                                 
II. 

1. 

2. 

3. 

EVALUATION  BY  THE  COMMISSION  OF  IRELAND'S  INTENTION  TO  PARTICIPATE  IN 
REGULATION N° 1030/2002: 

The Commission expresses a favourable opinion on Ireland's intention to participate 
in Regulation N° 1030/2002: 

–  Regulation  N°  1030/2002  aims  at  harmonising  the  uniform  format  for  residence 
permits for third country nationals as a measure of harmonised immigration policy 
in  view  of  entry  and  exit  of  third  country  nationals.  Harmonised  formats  and 
common security standards for residence permits throughout the European Union 
facilitate border crossing and contribute thus to a good functioning of an area of 
freedom  and  security  and  justice.  Ireland  also  participated  in  the  Council  Joint 
Action  97/11/JHA4  which  has  been  replaced  by  Regulation  N°  1030/2002  after 
the transfer of this issue into the competence of the EC by the Amsterdam Treaty. 

–  Ireland also takes part in Regulation (EC) 1683/95 laying down a uniform format 
for visas. In view of a coherent approach and harmonised solutions on documents 
for third country nationals, as requested by the European Council of Thessaloniki 
in  June  2003,  the  participation  of  Ireland  in  Regulation  (EC)  1030/2002  would 
serve such a coherent approach.  

–  Until now, Ireland has de facto participated in Regulation N° 1030/2002 and this 

has caused no problem whatsoever. 

For these reasons, the Commission intends to take a positive decision, in accordance 
with Article 11a TEC on the notification by Ireland of its intention to participate in 
Regulation N° 1030/2002. 

Article  11a  TEC  states  that,  within  four  months  from  the  date  of  notification,  the 
Commission  shall  take  a  decision  on  that  notification  and  on  such  specific 
arrangements as it may deem necessary. In the light of the existing situation, there is 
no need to provide for such specific arrangements. 

This opinion is addressed to the Council pursuant to Article 4 of the Protocol on the 
position of the United Kingdom and Ireland in conjunction with Article 11(3) TEC, 
and forwarded to the European Parliament for information. 

4 

OJ N° L 7, of 10.1.1997, p. 1. 

EN 

3 

   EN