Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2252/2004 on standards for security features and biometrics in passports and travel documents issued by Member States
Date: 2007-10-18
Institutions: European Commission
Subjects: European standard, biometrics, passport, public safety, safety standard

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.10.2007 
COM(2007) 619 final 

2007/0216 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 2252/2004 on standards for security features and 
biometrics in passports and travel documents issued by Member States 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

Regulation  (EC)  2252/2004  on  standards  for  security  features  and  biometrics  in 
passports  and  travel  documents  issued  by  Member  States  does  not  include  any 
exceptions for the taking of fingerprints. Therefore it is necessary to insert provisions 
excluding children under the age of 6 years and persons who are physically unable to 
give fingerprints from this requirement. 

120 

•  General context 

The Council adopted Regulation (EC) 2252/2004 on security standards and biometrics 
for  passports  and  other  travel  documents  issued  by  Member  States1  on  13  December 
2004. 

At  the  time  of  the  Commission  proposal  and  the  discussions  on  it  in  the  European 
Parliament  and  the  Council,  no  experiences  with  the  use  of  biometric  data  for  large 
scale  applications  in  travel  documents  were  available.  These  new  technologies  of 
inserting chips with biometric data had not yet been applied or tried out. During pilot 
projects of some Member States it appeared that the fingerprints of children under the 
age of 6 seemed not to be of a sufficient quality for one-to-one verification of identity. 
Furthermore,  they  are  subject  to  important  changes  which  make  it  difficult  to  check 
them during the entire period of validity of the passport. 

Both for legal and security reasons it should not be left to national legislation to define 
the exceptions from the obligation to provide fingerprints for passports and other travel 
documents issued by Member States. 

Consequently, the Commission proposes an amendment to Regulation (EC) 2252/2004 
in  order  to  provide  harmonised  exceptions:  children  under  the  age  of  6  years  and 
persons,  who  are  physically  unable  to  give  fingerprints,  should  be  exempt  from  this 
requirement. 

•  Furthermore  as  a  supplementary  security  measure  and  in  order  to  provide 
additional  protection  for  children,  the  principle  of  "one  person-one  passport"  will 
be  introduced.  It  is  also  recommended  by  the  International  Civil  Aviation 
Organisation (ICAO) and it ensures that the passport and the biometric features are 
only linked to the person holding the passport. It is more secure if every person has 
his/her  own  passport.  If,  for  example,  a  passport  is  issued  that  also  includes  the 
person's  children,  indicating  only  the  names  and  without  photographs,  only  the 
biometric  data  of  the  respective  parent  would  be  introduced  on  the  chip.  The 
biometric information of the children would not be stored. As a consequence, the 
identity of the children cannot be checked in a reliable way. This could favour child 
trafficking.  The  introduction  of  the  principle  "One  person-One  passport"  would 

1 

OJ L 385, 29.12.2004, p. 1. 

EN 

2 

   EN 

 
                                                 
avoid this negative effect.  

•  New Comitology procedure 

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced 
a regulatory procedure with scrutiny for measures of general scope designed to amend 
non-essential elements of a basic instrument adopted in accordance with the procedure 
referred  to  in  Article  251  of  the  Treaty.  Regulation  (EC)  2252/2004  establishes  a 
Comitology  procedure  in  order  to  develop  the  technical  specifications  referred  to  in 
Article  2  which  are  necessary  to  implement  the  Regulation.  The  Regulation  is  not 
changed at all. The technical specifications are complementary to the Regulation and 
set out for example how access to the chip is secured. If these technical specifications 
have to remain secret in order to avoid that forgers or persons with bad intentions can 
have  access  and  use  them  for  malevolent  purposes,  the  comitology  committee  can 
decide  in  accordance  with  Article  3  that  they  should  be  secret.  This  comitology 
decision  will  also  not  affect  the  Regulation.  It  presents  just  an  execution  of  the 
requirements of the Regulation namely rendering travel documents more secure. 

Consequently, the comitology procedure with scrutiny does not apply. 

130 

•  Existing provisions in the area of the proposal 

141 

219 

This proposal aims at amending Regulation (EC) 2252/2004 which does not currently 
cover  exceptions  from  the  fingerprint  requirement.  Therefore  the  introduction  of  the 
principle of 'one passport-one person' and exempting children under the age of 6 years 
and  persons  not  physically  able  to  give  fingerprints  from  this  requirement  is  a 
necessary complement to the existing legislation. 

•  Consistency with the other policies and objectives of the Union 

Not applicable. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

This  Regulation  is  an  amendment  to  an  existing  Regulation  (EC)  2252/2004.  As 
regards the first amendment, the exception of the obligation to give fingerprints, it has 
been  dealt  with  during  the  discussion  on  the  Visa  Information  System  where  the 
European  Data  Protection  Supervisor  (EDPS)  and  the  Article  29  data  protection 
working  party  were  consulted.  The  EDPS  stated  that  fall-back  procedures  should  be 
introduced  for  those  persons  who  are  unable  to  provide  biometric  identifiers,  also 
during  the  discussions  of  the  Amendment  to  the  Common  Consular  Instructions 
introducing biometrics.  

In relation to the second amendment, the introduction of the principle "one person-one 
passport",  most  Member  States  are  already  following  this  principle  as  it  is  also 
recommended by the International Civil Aviation Organisation. 

•  Collection and use of expertise 

EN 

3 

   EN 

 
 
 
229 

230 

There was no need for additional external expertise (see above). 

•  Impact assessment 

An  impact  assessment  has  not  been  carried  out.  This  proposal  is  complementing  the 
Regulation (EC) 2252/2004. It introduces the principle of 'one person-one passport' and 
exempts  children  under  the  age  of  6  years  and  persons  not  physically  able  to  give 
fingerprints  from  this  requirement.  For  the  first,  most  Member  States  are  already 
following  this  principle  and,  therefore,  no  additional  costs  will  be  incurred  for  those 
Member  States.  Moreover,  Member  States  issuing  family  passports  already  foresee  a 
possibility  to  issue,  on  request,  individual  passports  because  they  are,  for  example, 
necessary for travel to the US. Therefore, also in these cases no additional costs will be 
generated. Nevertheless, there will be some additional costs for citizens. They have to 
pay a fee for each passport. However, the passport is only necessary for travel to third 
countries  because  for  travelling  inside  the  EU  an  identity  card  is  sufficient. 
Furthermore, the travel would become more secure as the children are better protected. 
In relation to the second – the exceptions from the obligation to provide fingerprints – 
the amendment is an answer to the request for introduction of fall-back procedures.  

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

The  Commission  proposes  an  amendment  to  Regulation  (EC)  2252/2004  in  order  to 
harmonise  the  indispensable  exemption  of  children  under  the  age  of  6  years  and 
persons,  who  are  physically  unable  to  give  fingerprints,  from  this  requirement. 
Furthermore,  for  reasons  of  ensuring  the  security  of  documents  the  general  principle 
which is also recommended by the International Civil Aviation Organisation (ICAO), 
referred  to  as  'one  person-one  passport',  is  introduced.  This  will  help  avoiding  the 
trafficking  of  children.  They  will  have  their  own  passport  with  their  own  biometric 
identifiers, which eases checks at the border. 

310 

329 

331 

332 

•  Legal basis 

Article 62 (2) (a) TEC. 

•  Subsidiarity principle 

Regulation (EC) 2252/2004 has been adopted by the Community. The Community also 
has competence to provide a harmonisation of exceptions to the requirement of giving 
fingerprints. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

This proposal amends the Regulation (EC) 2252/2004 and introduces the principle of 

EN 

4 

   EN 

 
 
 
 
'one  passport-one  person'  and  exempts  children  under  the  age  of  6  years  and  persons 
not physically able to give fingerprints from this requirement. 

341 

342 

•  Choice of instruments 

Proposed instrument: Regulation. 

Other means would not be adequate for the following reason(s). 

Regulation (EC) 2252/2004 has to be amended by a Regulation. 

4)  BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Community budget. 

EN 

5 

   EN 

 
 
 
2007/0216 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 2252/2004 on standards for security features and 
biometrics in passports and travel documents issued by Member States 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission2, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty3, 

Whereas: 

(1) 

(2) 

(3) 

The European Council of Thessaloniki confirmed that a coherent approach is needed 
in  the  EU  on  biometric  identifiers  or  biometric  data  for  documents  for  third  country 
nationals, EU citizen’s passports and information systems (VIS and SIS II). 

In this context, the Council has adopted Regulation (EC) No 2252/2004 13 December 
2004  on  standards  for  security  features  and  biometrics  in  passports  and  travel 
documents  issued  by  Member  States4  as  an  important  step  towards  the  use  of  new 
elements, which render the travel document more secure and establish a more reliable 
link between the holder and the passport as an important contribution to ensuring that 
it is protected against fraudulent use.  

Regulation (EC) No 2252/2004 provides for a general obligation to give fingerprints 
which will be stored on a contactless chip in the passport. However, experience from 
tests showed that exceptions are needed. During pilot projects of some Member States 
it appeared that the fingerprints of children under the age of 6 seemed not to be of a 
sufficient quality for one-to-one verification of identity. Furthermore, they are subject 
to important changes which make it difficult to check them during the entire period of 
validity of the passport. 

(4) 

The harmonisation of exceptions to the fingerprinting requirement is essential in order 
to  maintain  common  security  standards  and  in  view  of  simplifying  border  controls. 
Both for legal and security reasons it should not be left to national legislation to define 

2 
3 
4 

OJ C , , p. . 
OJ C , , p. . 
OJ L 385, 29.12.2004, p. 1. 

EN 

6 

   EN 

 
                                                 
(5) 

(6) 

(7) 

(8) 

(9) 

the  exceptions  from  the  obligation  to  provide  fingerprints  for  passports  and  other 
travel documents issued by Member States.  

Furthermore, as a supplementary security measure and in order to provide additional 
protection  for  children,  the  principle  of  "one  person-one  passport"  should  be 
introduced.  It  is  also  recommended  by  the  International  Civil  Aviation  Organisation 
(ICAO) and it ensures that the passport and the biometric features are only linked to 
the  person  holding  the  passport.  It  is  more  secure  if  every  person  has  his/her  own 
passport. 

This  Regulation  does  not  go  beyond  what  is  necessary  in  order  to  achieve  the 
objectives pursued in accordance with the third paragraph of Article 5 of the Treaty. 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  Denmark 
annexed to the Treaty on European Union and to the Treaty establishing the European 
Community,  Denmark  is  not  taking  part  in  the  adoption  of  this  Regulation  and  is 
therefore  not  bound  by  it  or  subject  to  its  application.  However,  given  that  this 
Regulation aims to build upon the Schengen acquis under the provisions of the third 
part of Title IV of the Treaty establishing 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. 

This  Regulation  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which  the  United  Kingdom  does  not  take  part,  in  accordance  with  Council  Decision 
2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great 
Britain  and  Northern  Ireland  to  take  part  in  some  of  the  provisions  of  the  Schengen 
acquis5;  the  United  Kingdom  is  therefore  not  taking  part  in  its  adoption  and  is  not 
bound by it or subject to its application.  

This  Regulation  constitutes  a  development  of  provisions  of  the  Schengen  acquis  in 
which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 
28 February 2002 concerning Ireland's request to take part in some of the provisions of 
the  Schengen  acquis6.  Ireland  is  therefore  not  taking  part  in  its  adoption  and  is  not 
bound by it or subject to its application. 

(10)  As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of 
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  association  of  those  two  States  with  the  implementation, 
application  and  development  of  the  Schengen  acquis7  which  fall  within  the  area 
referred to in Article 1, point A of Council Decision 1999/437/EC of 17 May 1999 on 
certain arrangements for the application of that Agreement8. 

(11)  As regards Switzerland, this Regulation constitutes a development of provisions of the 
Schengen acquis within the meaning of the Agreement signed between the European 

5 
6 
7 
8 

OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 
OJ L 176, 10.7.1999, p. 36. 
OJ L 176, 10.7.1999, p. 31 

EN 

7 

   EN 

 
                                                 
Union,  the  European  Community  and  the  Swiss  Confederation  concerning  the 
association  of  the  Swiss  Confederation  with  the  implementation,  application  and 
development of the Schengen acquis, which fall within the area referred to in Article 
1, point A, of Decision 1999/437/EC read in conjunction with Article 4(1) of Council 
Decisions 2004/849/EC9 and 2004/860/EC10 . 

(12)  Therefore, Regulation (EC) No 2252/2004 should be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Article 1 of Regulation (EC) 2252/2004 is amended as follows: 

(1) 

paragraph 1is replaced by the following: 

Passports  and  travel  documents  issued  by  Member  States  shall  comply  with  the 

"1. 
minimum security standards set out in the Annex.  

They shall be issued as individual documents."; 

(2) 

the following paragraph 2a is inserted after paragraph 2: 

"2a. The following persons shall be exempt from the requirement to give fingerprints: 

(a) 

children under the age of 6; 

(b) 

persons, where fingerprinting is physically impossible." 

Article 2 

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

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

9 
10 

OJ L 368, 15.12.2004, p. 26-27 
OJ L 370, 17.12.2004, p.78-79 

EN 

8 

   EN