Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement
Date: 2018-04-17
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU national, European citizenship, external border of the EU, foreign national, free movement of persons, freedom of movement, identity document, personal data, residence permit

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   EUROPEAN COMMISSION  Strasbourg, 17.4.2018 COM(2018) 212 final 2018/0104 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement (Text with EEA relevance) {SWD(2018) 110 final} - {SWD(2018) 111 final}  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Ensuring  the  security  of  travel  and  identity  documents  is  a  key  element  in  the  fight  against 
terrorism and organised crime and building genuine Security Union. Many of the initiatives 
taken  by  the  EU  in  recent  years  to  enhance  and  reinforce  external  border  management  rely 
upon secure travel and identity documents.  The recent amendment of the Schengen Borders 
Code1  makes  it  obligatory  to  systematically  check  all  persons  and  verify  their  travel 
documents,  regardless  of  the  holder’s  nationality,  against  the  Schengen  Information  System 
(SIS) and the Interpol Stolen and Lost Travel Document (SLTD) database. 

EU  citizens  are  increasingly  mobile.  More  than  15  million  EU  citizens  reside  in  and  more 
than 11 million work in a Member State other than their country of nationality.2 Over a billion 
people travel every year within the EU or cross its external borders.3  

This proposal for a Regulation is part of the Action Plan of December 2016 to strengthen the 
European response to travel document fraud,4 in which the Commission identified actions to 
address the issue of document security, including identity cards and residence documents, in 
the  context  of  recent  terrorist  attacks  in  Europe.  The  objectives  of  that  Action  Plan  were 
subsequently  endorsed  by  Council  Conclusions5,  which  followed  on  the  Council's  repeated 
calls to improve the security of identity and residence documents.6  

Already in its 2016 Communication on 'Enhancing security in a world of mobility: improved 
information  exchange  in  the  fight  against  terrorism  and  stronger  external  borders',7  the 
Commission  underlined  the  need  for  secure  travel  and  identity  documents  wherever  it  is 
necessary to establish beyond doubt a person’s identity, stressing that an improved approach 
would  rely  on  robust  systems  to  prevent  abuses  and  the  threats  to  internal  security  arising 
from failings in document security. Moreover, in the 2017 Citizenship report, the Commission 
committed to analysing policy options to improve the security of identity cards and residence 
documents.8  

Of  twenty-six  EU  Member  States  that  issue  identity  cards  to  their  nationals,  identity  card 
ownership is common and compulsory in 15 Member States.9 In accordance with EU law on 

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Regulation (EU) 2017/458 of the European Parliament and of the Council of 15 March 2017 amending 
Regulation (EU) 2016/399 as regards the reinforcement of checks against relevant databases at external 
borders. 
2016 Annual report on intra-EU labour mobility (2015 data). 
Tables  on  cross-border  trips  of  EU  citizens  2015  (all  reasons)  -  http://ec.europa.eu/eurostat/statistics-
explained/index.php/Tourism_statistics. 
COM(2016) 790 final. 
Council  Conclusions  on  the  Commission  Action  plan  to  strengthen  the  European  response  to  travel 
fraud  adopted  on  27  March  2017  http://www.consilium.europa.eu/en/press/press-
document 
releases/2017/03/27/jha-travel-document-fraud. 
Already  in  2005,  Member  States  unanimously  adopted  Council  Conclusions  on  minimum  standards 
relating to the security of issuing processes for Member States’ identity cards (Council doc. 14390/05). 
This 
2006 
http://register.consilium.europa.eu/doc/srv?l=EN&f=ST%2014938%202006%20INIT. 
COM(2016) 602 final. 
Council  Conclusion  on 
http://data.consilium.europa.eu/doc/document/ST-9080-2017-INIT/en/pdf. 
In  addition  in  five  other  Member  States  citizens  are  obliged  to  hold  a  non-specific  document  for 
identification purposes. In practice this very frequently is an identity card. 

the  EU  Citizenship  Report  2017  adopted  on  11  May  2017 

Resolution 

followed 

was 

by 

in 

a 

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free movement of persons (Directive 2004/38/EC10), identity cards can be used by EU citizens 
as travel documents, both when travelling within the EU and also to enter the EU from non-
EU countries, and they are indeed frequently used for travel. Moreover, Member States have 
agreements  with  a  number  of  third  countries  allowing  EU  citizens  to  travel  using  their 
national  identity  cards.  This  also  includes  travelling  to  third  countries  to  engage  in  terrorist 
activities and return to the EU.  

Currently, security levels of national ID cards delivered by Member States and of residence 
documents for EU nationals residing in another Member State and their family members vary 
significantly, which increases the risk of falsification and document fraud as well as leading to 
practical difficulties for citizens when they seek to exercise their right of free movement. 

EU citizens also use their identity cards to establish their identity in their daily life for public 
and private entities  when exercising their right to reside in another EU country  (mobile EU 
citizens).  

In  line  with  Directive  2004/38/EC,  mobile  citizens  and  their  family  members,  who  are  not 
nationals  of  a  Member  State,  also  receive  documents  proving  their  residence  in  their  host 
Member State. While these residence documents are not travel documents, residence cards for 
those family members of mobile EU citizens, who themselves are not nationals of a Member 
State, used together with a passport grant the holder the right to enter the EU without a visa 
when they accompany or join an EU citizen. 

Forgery  of  documents  or  false  representation  of  material  facts  concerning  the  conditions 
attached to the right of residence have been identified as the most relevant case of fraud in the 
context of the Directive,11 which in turn enables fight against such fraud in its Article 35.  

Against this background, it is crucial that the EU and especially the Member States intensify 
efforts  to  improve  the  security  of  documents  issued  to  EU  citizens  and  their  third-country 
national family members. Enhanced document security is an important factor in improving the 
security within the EU and at its borders and in supporting the move towards an effective and 
genuine Security Union. The inclusion of biometric identifiers, and particularly the inclusion 
of  fingerprints,  renders  documents  more  reliable  and  secure.  In  that  context,  it  is  of  crucial 
importance to phase out documents with weak security features as quickly as possible. 

The European Commission 2018 Work Programme includes the presentation of a legislative 
initiative (REFIT) to improve the security of identity cards and residence documents issued to 
EU citizens and their family members, who are not nationals of a Member State.12 The aim is 
to enhance European security by closing security gaps resulting from insecure documents and 
to facilitate the exercise of EU free movement rights by mobile EU citizens and their family 
members  by  increasing  the  reliability  and  acceptance  of  their  documents  in  cross-border 
situations.  

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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 
Member States (OJ L 158, 30.4.2004, p. 77). 
COM (2009) 313 final. 
This topic was also discussed in the framework of the REFIT Platform (REFIT Platform Opinion on the 
submission  by  a  citizen  (LtL  242)  on  Identity  and  Travel  Documents,  7  June  2017).  The  REFIT 
Platform  encouraged  the  Commission  to  analyse  the  feasibility  of  harmonising  identity and  residence 
documents,  or  any  of  their  key  features,  with  a  view  to  facilitating  free  movement  and  tackling  the 
challenges faced by EU mobile citizens in their host countries. 

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• 

Consistency with existing policy provisions in the policy area 

The EU offers its citizens an area of freedom, security and justice without internal borders, in 
which the free movement of persons is ensured in conjunction with appropriate measures with 
respect  to  external  border  management,  asylum,  immigration  and  the  prevention  and 
combating  of  crime  and  terrorism.  Europeans  consider  free  movement  to  be  a  major 
achievement  of  European  integration.  It  covers  the  right  to  enter  and  leave  the  territory  of 
another Member State, and the right to stay and live there. Measures regarding free movement 
are inseparable from measures introduced to guarantee security within the European Union.  

Many of the EU's security measures rely upon secure travel and identity documents – such as 
the  systematic  checks  established  by  the  Schengen  Border  Code13  in  the  Schengen 
Information  System.  Enhancing  the  exchange  of  information  through  the  interoperability  of 
EU information systems for security, borders and migration management as recently proposed 
by  the  Commission14,  will  also  depend  on  enhanced  document  security,  including  for 
conducting  identity  checks  by  competent  authorities  within  the  territory  of  EU  Member 
States. 

The  Free  Movement  Directive  (2004/38/EC)  sets  out  the  conditions  for  the  exercise  of  the 
right of free movement and residence  (both temporary  and permanent)  in the Union for EU 
citizens and their family members. This  Directive provides that, in  conjunction  with a valid 
identity card or passport, EU citizens and their family members may enter and live in another 
Member  State  and  apply  for  the  appropriate  residence  documentation.  The  Directive, 
however, does not regulate the format and standards for identity cards to be used to enter or 
leave  EU  Member  States.  Similarly,  it  does  not  provide  for  specific  standards  for  residence 
documents issued to EU citizens and their non-EU family members, apart from the title to be 
given  to  the  latter  ones,  i.e.  "Residence  card  of  a  family  member  of  a  Union  citizen"  (see 
Article 10(1) of Directive 2004/38).  

In recent years, EU standards have been introduced for several identity and travel documents 
used  in  Europe.  EU  law  already  provides  for  standards  for  security  features  and  biometrics 
(facial image and fingerprints) in passports and travel documents issued by Member States15 
and for uniform formats for visas16 and residence permits for third-country nationals.17 These 
standards are also used for local border permits18 and permits issued in the framework of the 
EU legislation in relation to legal migration. A new common design for residence permits for 
third-country  nationals  has  recently  been  adopted  with  the  aim  of  further  improving  the 
security  features  on  these.19  In  the  absence  of  harmonisation  measures,  Member  States  can 

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Regulation (EU) 2017/458 of the European Parliament and of the Council of 15 March 2017 amending 
Regulation (EU) 2016/399 as regards the reinforcement of checks against relevant databases at external 
borders. 
Proposal for a Regulation of the European Parliament and of the Council on establishing a framework 
for  interoperability  between  EU  information  systems  (police  and  judicial  cooperation,  asylum  and 
migration), COM(2017) 794 final. 
Proposal for a Regulation of the European Parliament and of the Council on establishing a framework 
for interoperability between EU information systems (borders and visa) and amending Council Decision 
2004/512/EC,  Regulation  (EC)  No  767/2008,  Council  Decision  2008/633/JHA,  Regulation  (EU) 
2016/399 and Regulation (EU) 2017/2226 
Regulation (EC) No 2252/2004 (OJ L 385, 29.12.2004, p.1). UK and IE are not part of this measure. 
Regulation (EC) No 1683/95 (OJ L 164, 14.7.1995, p.1). 
Regulation (EC) No 1030/2002 (OJ L 157, 15.6.2002, p.1). 
Regulation (EC) No 1931/2006 (OJ L 405, 30.12.2006, p. 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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choose  their  desired  format  for  residence  and  permanent  residence  cards  for  third-country 
national  family  members  of  mobile  EU  citizens.  In  doing  so,  they can  choose  to follow  the 
same  "uniform  format"  as  provided  for  in  Council  Regulation  (EC)  No  1030/2002  laying 
down  a  uniform  format  for  residence  permits  for  third-country  nationals20  amended  as 
mentioned above in 2017, provided that their status of family members of a Union citizen is 
clearly indicated on the card and that confusion with residence permits which are the subject 
of Regulation 1030/2022 is avoided.21 In 2008, Member States expressed their will to use the 
uniform format for this purpose in a Council statement,22 and several Member States followed 
this – legally non-binding - commitment. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Article  21  TFEU  confers  on  EU  citizens  the  right  to  move  and  reside  freely  within  the 
territory of EU Member States. Article 21 provides for the possibility for the Union to act and 
to adopt provisions with a view to facilitating the right to move and reside freely within the 
territory  of  the  Member  States  if  action  to  attain  this  objective  is  necessary  to  facilitate  the 
exercise of this right. The ordinary legislative procedure applies. 

The proposed Regulation aims to facilitate the exercise of the right to free movement of EU 
citizens  in  a  secure  environment,  i.e.  to  facilitate  their  right  to  travel  to  and  reside  in  any 
Member  State  with  their  national  identity  cards  and  to  rely  on  these  cards  there  as  reliable 
proof  of  nationality,  as  well  as  their  right  to  rely  on  the  residence  documentation  issued  to 
them as residents of a Member State other than their country of nationality.  

The proposal will provide for more secure documents, through improved security features of 
national identity cards and residence documents, which will allow exercising free movement 
rights in a more secure environment. This will protect public authorities and EU citizens and 
their  family  members  from  crime,  falsification  and  document  fraud.  Accordingly,  this 
proposal contributes to improving the overall security within the EU.  

Article 21(2) TFEU expressly provides a legal basis for measures to facilitate the exercise of 
free movement of EU citizens, including by reducing the risk of fraud in the form of forgery 
of documents and by ensuring the trust needed for free movement.  

• 

Subsidiarity (for non-exclusive competence)  

The  terrorist  threat  facing  the  European  Union  is  transnational  and  cannot  be  tackled  by 
individual  Member  States  alone.  Terrorists  and  serious  criminals  are  active  across  borders, 
and, as underlined in the 2016 Action Plan, document fraud has become an enabler of their 
criminal  activity.  Secure  identity  cards  and  residence  documents  are  essential  elements  to 
ensure the trust needed for free movement within an area of freedom and security. 

In  addition,  the  European  Union  is  committed  to  facilitating  the  free  movement  of  persons 
within  an  area  of  freedom,  security  and  justice.  To  date,  individual  Member  States  have 
exercised their  competences  to  implement  national  policies regarding  identity  and residence 
documents without necessarily taking into account the objective of facilitating free movement 
of  persons  or  of  improving  security  within  the  Union.  Several  measures  have  already  been 

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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 of 15.6.2002, p. 1). 
As recognised in Article 5a of Council Regulation 1030/2002. 
Council Document of 11 June 2008 (13.06), PV/CONS 26 JAI 188, 8622/08 ADD 1. 

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taken  to  tackle  problems  identified  at  the  national  level.  For  example,  some  Member  States 
have  created  online  registries  allowing  public  and  private  sector  organisations  to  check  the 
authenticity of documents. However, there is no common approach to improving the security 
features  of  these  documents  and  establishing  the  data  that  documents  should  provide  as  a 
minimum. This results in continuing problems across Member States and is an open door to 
document fraud.  

If  measures  are  not  taken  consistently  EU  level,  security  gaps  will  not  be  comprehensively 
addressed. The absence of EU level action will also result in more practical problems for EU 
citizens, national authorities and businesses in a context where citizens live and travel around 
the  Union,  and  across  the  Union’s  borders.  Addressing  systemic  problems  in  relation  to 
security and free movement, to ensure a high level of security for national identity cards and 
residence documents and through minimum common standards, clearly requires action on an 
EU scale. The objectives of any initiative to remedy the current situation cannot be achieved 
at a national level. All these documents have an intrinsic European dimension because of their 
connection  with  the  exercise  of  free  movement  rights  in  an  area  of  freedom,  security  and 
justice.  

This proposed Regulation would not require Member States to issue documents that are not 
currently issued.  

• 

Proportionality 

EU action can add considerable value in addressing these challenges and is in many cases the 
only  way  by  which  a  converged  and  compatible  system  can  be  achieved  and  maintained. 
Security  within  the  European  Union  and  at  its  external  borders  has  been  placed  under 
considerable strain in recent months and years. Ongoing security challenges have underlined 
the inextricable link between free movement of persons inside the European Union and robust 
external border management. Measures to improve security and external border management, 
such as the systematic checks against databases on all persons, including EU citizens, crossing 
the  external  borders  are  weakened  if  the  main  instrument  for  identifying  citizens  is 
problematic even within a national context.  

Citizens  can  also  not  rely  on  their  documents  to  exercise  their  rights  if  they  cannot  be  sure 
their documents will be accepted outside their Member State(s) of issuance. 

Eliminating  the  ‘weakest  links’  and  introducing  minimum  standards  for  the  information 
provided on these document and for security features common to all Member States that issue 
them, will facilitate the exercise of free movement and improve security within the EU and at 
its  borders.  Many  Member  States  have  already  developed  and  introduced  tamper-proof 
identity cards. Complete harmonisation is not warranted and a proportionate measure ensuring 
minimum  document  security  standards  is  proposed.  This  includes  the  introduction  of 
mandatory  fingerprints,  which  are  the  most  reliable  way  of  establishing  the  identity  of  a 
person,  and  a  proportionate  measure  in  light  of  the  security  threats  facing  the  Union.  For 
residence cards issued to third-country family members, it is suggested to use the same format 
as already agreed at Union level in Regulation 1030/2002 in respect of residence permits of 
third-country nationals to which it applies. 

• 

Choice of the instrument 

A Regulation is the sole legal instrument ensuring the direct and common implementation of 
EU  law  in  all  Member  States.  In  a field  where  divergences  have  proved  detrimental  to  free 
movement and security, a regulation will ensure that the desired commonality is achieved.  

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3. 

• 

STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS 

Stakeholder consultations 

The consultation process combined tools of a more general reach such as a public consultation 
with  more  targeted  consultations  of  Member  States  and stakeholder  groups.  In  addition,  the 
consultation  took  into  account  the  direct  feedback  received  from  citizens  and  the  opinion 
expressed  by  the  REFIT  platform  encouraging  the  Commission  to  analyse  the  feasibility  of 
harmonising  identity  and  residence  documents,  or  any  of  their  key  features,  with  a  view  to 
facilitating  free  movement  and  tackling  the  challenges  faced  by  EU  mobile  citizens  in  their 
host countries.  

Detailed information on the results of the consultation process can be found in Annex 2 of the 
Impact Assessment accompanying this proposal. 

• 

Collection and use of expertise 

The Commission awarded a contract to the Centre for Strategy & Evaluation Services (CSES) 
to carry out a study on ‘EU policy initiatives on residence and identity documents to facilitate 
the exercise of the right of free movement’ (finalised in August 2017). 

A review of the concepts of the initiative was carried out by the Commission’s Joint Research 
Centre. 

A study conducted by Milieu for the European Parliament “The Legal and Political Context 
for setting up a European Identity Document, May 2016 also provided useful information.23  

• 

Impact assessment 

The  Impact  Assessment  supporting  this  proposal  received  a  positive  opinion  by  the 
Regulatory Scrutiny Board, with some suggestions for improvement.24 The impact assessment 
considered a number of options for identity cards and residence documents compared with the 
status  quo:  including  soft  law  measures,  minimum  common  requirements  and  wider 
harmonisation.  The  status  quo  was  considered  unsatisfactory  and  wider  harmonisation  was 
not considered proportionate.  

The preferred option was therefore setting minimum security standards for identity cards and 
minimum  common  requirements  for  residence  documents  issued  to  EU  citizens,  and,  in  the 
case  of  the residence  cards  for  third  country  family  members  of  EU  citizens,  the use  of  the 
common  uniform  format  for  residence  permits  for  third-country  nationals.  This  is  to  be 
accompanied  by  soft  law  measures,  to  ensure  smooth  implementation  that  is  tailored  to  the 
specific situation and needs of each Member State. 

The measures in this option will improve the acceptance of documents across the EU and the 
enhanced  document  security  features  it  provides  for  will  yield  direct  and  recurrent  cost 
savings  and  reduced  hassle  costs  for  Union  citizens  and  their  family  members,  public 
administrations  (e.g.  border  guards  checking  documents)  and  public  and  private  service 
operators (e.g. airlines, health, banks and insurance and social security providers). 

Other benefits of the preferred option include a reduction of document fraud and identity theft 
and a generally improved level of security (reduction of crime, fraud and terrorism) within the 
EU and at its borders. Mandatory fingerprints were added to the preferred option for identity 
cards  in  order  to  further  increase  effectiveness  in  terms  of  security.  The  inclusion  of  two 
biometric identifiers (facial image, fingerprints) will improve the identification of persons and 

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http://www.europarl.europa.eu/RegData/etudes/STUD/2016/556957/IPOL_STU(2016)556957_EN.pdf.  
http://ec.europa.eu/transparency/regdoc/?fuseaction=ia 

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align  the  level  of  document  security  of  identity  cards  of  EU  citizens  and  residence  cards 
issued to third country family members to the standards of, respectively, passports issued to 
EU  citizens  and  residence  permits  issued  to  third  country  nationals  who  are  not  family 
members  of  EU  citizens).  Free  movement  of  persons  will  also  be  facilitated  by  improved 
documents as they will allow for quicker, easier and more secure use of documents.  

The  phasing  out  period  of  identity  cards  and  residence  cards  for  family  members  of  EU 
citizens that do not comply with the standards set out in the preferred option was shortened to 
5 years. The least secure documents shall be phased out within 2 years. Any further delays in 
implementing  these  modifications  would  create  long-term  security  gaps  and  diminish  the 
effectiveness of and coherence with other recently adopted security measures within the EU 
and at its external borders. Hence, the shorter phasing out will accelerate the security gains to 
be provided by the improved documents.  

• 

Regulatory fitness and simplification 

The  initiative  is  included  in  the  Commission  Work  Programme  2018  under  the  REFIT 
initiatives in the Area of Justice and Fundamental Rights Based on Mutual Trust.  
This  initiative  responds  to  an  opinion  of  the  REFIT  Platform.  In  its  opinion25,  the  REFIT 
Platform  encouraged  the  Commission  to  analyse  the  feasibility  of  harmonising  identity  and 
residence documents, or any of their key features, with a view to facilitating free movement 
and tackling the challenges encountered by EU mobile citizens in their host countries. 

The  Commission  also  looked  at  opportunities  to  simplify  and  reduce  burdens.  The 
beneficiaries  of  this  proposal  range  from  citizens  to  businesses  and  public  administrations. 
The  impact  assessment  estimated  annual  recurrent  cost  savings  generated  by  inter  alia 
accelerated  pre-boarding  checks  across  the  EU,  by  accelerated  document  checks  across  the 
EU  when  opening  a  bank  account,  by  reduced  compensation  payments  for  authorities  and 
airlines. Citizens, businesses and public administrations will also benefit from reduced hassle 
costs through better awareness of document formats and the rights linked to the documents, 
through improved acceptance of more secure documents. 

• 

Fundamental rights and data protection 

This  proposal  positively  affects  the  fundamental  right  on  freedom  of  movement  and  of 
residence  under  Article  45  of  the  Charter  of  Fundamental  Rights  of  the  European  Union 
(Charter) by addressing the difficulties in recognition and insufficient security of both identity 
cards  and  residence  documents,  particularly  for  non-EU  family  members.  More  reliable 
identification  of  individuals  will  be  possible  through  the  use  of  biometric  data  ensuring 
personal data is accurate and protected appropriately. 

This  proposal  implies  processing  of  personal  data  including  biometric  data.  There  are 
potential impacts on individuals’ fundamental rights, namely Article 7 of the Charter on the 
respect of private life and Article 8 on the right to the protection of personal data. Processing 
the personal data of individuals, including collection, access and use of personal data, affects 
the right to privacy and the right to protection of personal data under the Charter. Interference 
with these fundamental rights must be justified.26  

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REFIT Platform Opinion XIII.3a adopted in June 2017 
The  CJEU  established  the  criteria  for  justification  of  such  interference  in  the  context  of  Regulation 
2252/2004  in  Case  C-291/12  Schwarz  v  Stadt  Bochum,  ECLI:EU:C:2013:670.  It  recalled  that 
limitations to Charter rights must be ‘provided for by law, respect the essence of those rights, and, in 
accordance  with  the  principle  of  proportionality,  [be]  necessary  and  genuinely  meet  objectives  of 
general interest recognised by the Union or the need to protect the rights and freedoms of others’ and 

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As regards the right to the protection of personal data including data security, the relevant EU 
legislation27 i.e. Regulation 2016/679 applies. No derogation from the data protection regime 
of  the  Union  is  envisaged  and  clear  rules,  conditions  and  robust  safeguards  shall  be 
implemented by Member States in line with the EU data protection acquis as appropriate. The 
compulsory  inclusion  of  biometric  data in  identity  cards  of EU  citizens  and  residence  cards 
issued  to  non-EU  family  members  of  Union  citizens  will  be  implemented  with  specific 
safeguards in line with those in place for passports and other travel documents28 and that for 
residence permits.29  

4. 

BUDGETARY IMPLICATIONS 

The proposal has no implications for the EU budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

In  order  to  ensure  an  effective  implementation  of  the  measures  foreseen,  and  monitor  its 
results,  the  Commission  will  continue  working  closely  with  relevant  stakeholders  from 
national authorities and EU agencies.    

The Commission will adopt a monitoring programme for monitoring the outputs, results and 
impacts of this Regulation. The monitoring programme shall set out the means by which and 
the intervals at which the data and other necessary evidence will be collected. Member States 
should report to the Commission one year after the start of application and subsequently on an 
annual  basis,  some  information  that  is  considered  essential  to  effectively  monitor  the 
functioning  of  this  Regulation.  Most  of  this  information  will  be  gathered  by  the  competent 
authorities  during  the  course  of  their  duties  and  will  therefore  not  require  additional  data 
collection efforts.  

The  Commission  will  evaluate  the  effectiveness,  efficiency,  relevance,  coherence  and  EU 
added  value  of  the  resulting  legal  framework,  no  sooner  than  6  years  after  the  date  of  
application  to  ensure  that  there  is  enough  data  relating  to  the  application  of  the  Regulation. 
The evaluation shall include stakeholders’ consultations to collect feedback on the effects of 
the  legislative  changes  and  the  soft  measures  implemented.  The  benchmark  against  which 
progress will be measured is the baseline situation when the legislative act enters into force. 

• 

Detailed explanation of the specific provisions of the proposal 

Chapter I (Articles 1 and 2) of the proposal describes the subject matter and the scope of the 
Regulation. It concerns all documents linked to the exercise of free movement by EU citizens 
and  their  family  members,  and  which  are  mentioned  in  Directive  2004/38/EC  on  Free 

found that the objective ‘to prevent the falsification of passports and the second, to prevent fraudulent 
use thereof’ met those criteria. 
Regulation  (EU)  2016/679  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data and on the free movement of 
such  data,  and  repealing  Directive  95/46/EC  (General  Data  Protection  Regulation)  (Text  with  EEA 
relevance)  and  Directive  (EU)  2016/680  of  the  European  Parliament  and  of  the  Council  of  27  April 
2016 on the protection of natural persons with regard to the processing of personal data by competent 
authorities  for  the  purposes  of  the  prevention,  investigation,  detection  or  prosecution  of  criminal 
offences or the execution of criminal penalties, and on the free movement of such data, and repealing 
Council Framework Decision 2008/977/JHA. 
Council Regulation (EC) No 2252/2004. 
Council Regulation (EC) No 1030/2002. 

27 

28 
29 

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Movement.  These  include  national  identity  cards  which  allow  to  exit  and  to  enter  another 
Member State, residence documents issued to EU citizens and residence cards issued to non-
EU family members of EU citizens. 

Chapter II details in Article 3 the general requirements including minimum security features 
that  national  identity  cards  must  meet.  They  draw  on  the  specifications  in  ICAO  document 
9303.  These  ICAO  specifications  are  common  to  machine-readable  travel  documents  and 
ensure global interoperability when these documents are verified using visual inspection and 
machine readable means. 

Article 4 describes the specific requirements that must be taken into account when collecting 
biometric data. 

Article  5  provides  for  a  five-year  phasing  out  period  of  previous  formats,  except  for  cards 
which  are  not  machine-readable  in  accordance  with  ICAO  document  9303,  part  3  (seventh 
edition, 2015), which will have to be phased out within two years from the date of application 
of the Regulation. These phasing out periods allow the EU and its Member States to fill the 
existing security gap for identity cards as quickly as possible, while also taking into account 
interoperability  requirements  if  identity  cards  do  not  meet  the  standards  set  in  ICAO 
document 9303 part 3 on machine readability.  

Chapter  III  (Article  6)  deals  with  residence  documents  issued  to  EU  citizens.  These 
documents are available to EU citizens who have exercised their right of free movement and 
state  their  right  of  residence  in  their  host  Member  State,  which  is  granted  directly  by  the 
Treaty on the Functioning of the European Union.  

They  are  also  a  means of proof of  residence. Minimum security  standards in  relation to  the 
format  of  these  documents  will  facilitate  their  verification  and  authentication  by  other 
Member States, in particular in the citizen's Member State of origin. 

Chapter  IV  deals  with  residence  cards  issued  to  family  members  of  EU  citizens  who  have 
exercised their right of free movement. Those cards are issued to such family members who 
are  not  themselves  Union  citizens.  They  state  their  derived  right  of  residence  in  their  host 
Member  State  as  family  members  of  EU  nationals  who  have  exercised  their  right  of  free 
movement.  In addition, where such family members are subject to an entry visa obligation in 
accordance  with  Regulation  (EC)  No  539/2001  or,  where  appropriate,  with  national  law, 
residence  cards  exempt  them  from  the  obligation  to  hold  a  visa  when  accompanying  or 
joining a citizen of the Union. 

As  a  document  which  may  entail  a  visa  exemption  in  these  circumstances,  the  level  of 
security of its features should be reinforced. Specifically, the security features should be the 
same  as  provided  for,  in  respect  of  residence  permits  delivered  to  non-EU  residents  by 
Member  States,  by  Council  Regulation  (EC)  1030/2002  laying  down  a  uniform  format  for 
residence  permits  for  third-country  nationals  (Article  7)  as  amended.  However,  as  provided 
for in Article 10(1) of Directive 2004/38/EC, a reference to the status as family member of a 
citizen of the Union must be included in the title of the document. Member States may use a 
standardised code, in particular if the reference is too long to fit into the title field.  

Details  of  the  arrangement  for  phasing  out  non-compliant  residence  cards  are  set  out  in 
Article 8. Cards that have already been issued in the uniform format as described in Council 
Regulation 1030/2002 as amended by Regulation 380/2008 but do not yet contain the changes 
introduced by Regulation (EU) 2017/1954, will be phased out within five years after the date 
of application of the proposed Regulation. For the other cards, which have  not yet included 
the  amendments  introduced  by  Regulation  380/2008,  and  which  do  not  match  that  level  of 
document security, a shorter phasing out of two years is foreseen. 

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Chapter V sets out common provisions for the three types of documents.  

Article  9  describes  the  obligation  for  Member  States  to  designate  contact  points  for  the 
implementation of the Regulation. 

Article  10  sets  out  the  data  protection  framework  and  further  specify  data  protection 
safeguards. 

Article 11 sets out that the Commission shall establish a detailed programme for monitoring 
the outputs, results and impacts of this Regulation. 

Article 12 sets out that the Commission should present a Report on the implementation of this 
Regulation and a Report on the main findings of the evaluation to the European Parliament, 
the  Council  and  the  European  Economic  and  Social  Committee.  The  Commission  should 
carry  out  the  evaluation  of  this  Regulation  in  line  with  the  Commission's  better  regulation 
Guidelines  and  pursuant  to  paragraphs  22  and  23  of  the  Inter-institutional  Agreement  of  13 
April  201630.  In  order  to  be  able  to  issue  such  a  Report,  the  Commission  needs  to  rely  on 
input from Member States. 

Article 13 provides for the entry into force of the Regulation the day following its publication 
in  the  Official  Journal  of  the  European  Commission,  and  its  date  of  application  12  months 
after its entry into force.  

30 

Interinstitutional Agreement between the European Parliament, the Council of the European Union and 
the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14. 

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2018/0104 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on strengthening the security of identity cards of Union citizens and of residence 
documents issued to Union citizens and their family members exercising their right 
of free movement 

(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 21(2) 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 Committee1, 
Having regard to the opinion of the Committee of the Regions2,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

1 
2 
3 

The  EU  Treaties  resolved  to  facilitate  the  free  movement  of  persons  while 
ensuring  the  safety  and  security  of  their  peoples,  by  establishing  an  area  of 
freedom, security and justice, in accordance with the provisions of the Treaty on 
the Functioning of the European Union. 

Citizenship  of  the  Union  confers  on  every  citizen  of  the  Union  the  right  to  free 
movement subject to certain limitations and conditions. Directive 2004/38/EC of 
the European Parliament and of the Council gives effect to that right.3 Article 45 
of the Charter also provides for the freedom of movement and residence. Freedom 
of  movement  entails  the  right  to  exit  and  enter  Member  States  with  a  valid 
identity card or passport. 

Pursuant  to  Article  4  of  Directive  2004/38/EC,  Member  States  are  to  issue  and 
renew  identity  cards  or  passports  to  their  nationals  in  accordance  with  national 
laws.  Furthermore,  Article  8  of  Directive  2004/38/EC  provides  that  they  may 
require  citizens  of  the  Union  and  their  family  members  to  register  with  the 
relevant  authorities.  Member  States  are  required  to  issue  registration  certificates 

OJ C , , p. . 
OJ C , , p. . 
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 (OJ L 158, 30.4.2004, p. 77). 

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11 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

to  Union  citizens  under  the  conditions  set  out  therein.  Member  States  are  also 
required  to  issue  residence  cards  to  family  members  who  are  not  nationals  of  a 
Member  State  and,  on  application,  to  issue  documents  certifying  permanent 
residence and permanent residence cards.  

Article  35  of  Directive 2004/38/EC  provides  that  Member  States  may  adopt  the 
necessary  measures  to  refuse,  terminate  or  withdraw  any right  conferred  by  this 
Directive  in  the  case  of  abuse  of  rights  or  fraud.  Document  forgery  or  false 
presentation of a material fact concerning the conditions attached to the right of 
residence have been identified as typical cases of fraud under the Directive4. 

The 2016 Action Plan on document security of December addressed the risk from 
fraudulent  identity  cards  and  residence  documents5,  and  the  2017  Citizenship 
report committed to  analysing policy options to improve the security of identity 
cards and residence documents.  

This  Regulation  does  not  require  Member  States  to  introduce  identity  cards  or 
residence documents where they are not provided for under national law, nor does 
it affect the competence of the Member States to issue other residence documents 
under national law outside the scope of Union law, for example residence cards 
delivered to all residents on the territory whatever their nationality. 

This Regulation does not affect the use of identity cards and residence documents 
with eID function by Member States for other purposes nor does it affect the rules 
laid down in Regulation (EU) No 910/2014 of the European Parliament and of the 
Council,6  which  provides  for  Union-wide  mutual  recognition  of  electronic 
identifications  in  access  to  public  services  and  helps  citizens  moving  to  another 
Member  State  by  requiring  electronic  identification  means  to  be  recognised  in 
another Member State. Improved identity cards should ensure easier identification 
and contribute to a better access to services. 

Proper  verification  of  identity  cards  and  residence  documents  requires  that 
Member  States  use  the  correct  title  for  each  kind  of  document.  In  order  to 
facilitate  checking  of the  documents  in  other Member  States,  the  document  title 
should also appear in at least one other official language of the institutions of the 
Union. 

Security  features  are  necessary  to  verify  if  a  document  is  authentic  and  to 
establish  the  identity  of  a  person.  The  establishment  of  minimum  security 
standards and the integration of biometric data in identity cards and in residence 
cards of family members who are not nationals of a Member State is an important 
step to render their use in the Union more secure. The inclusion of such biometric 
identifiers should allow citizens to fully benefit from their free movement rights.   

(10)  The  specifications  of  the  International  Civil  Aviation  Organisation  (ICAO) 
Document  9303  (seventh  edition,  2015)  on  machine-readable  documents  which 

4 
5 
6 

COM (2013) 837 final of 25.11.2013, p. 7 and COM (2009) 313 final of 2.7.2009, p. 15. 
COM(2016) 790 final. 
Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on 
electronic  identification  and  trust  services  for  electronic  transactions  in  the  internal  market  and 
repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). 

EN 

12 

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ensure global interoperability including for machine readability and using visual 
inspection should be taken into account for the purpose of this Regulation.  

(11)  The procedure for taking fingerprints and a facial image should take into account 
the  specific  needs  of  children  and  be  applied  in  accordance  with  the  safeguards 
laid  down  in  Article  24  the  Charter  of  Fundamental  Rights  of  the  European 
Union,  in  the  Convention  for  the  Protection  of  Human  Rights  and  Fundamental 
Freedoms and in the United Nations Convention on the Rights of the Child. 

(12) 

Introducing  minimum  security  and  format  standards  of  identity  cards  should 
allow  Member  States  to  rely  on  the  authenticity  of  those  documents  when  EU 
citizens exercise their free movement rights. While the possibility to provide for 
additional national features is maintained, it should be ensured that those features 
do  not  diminish  the  efficiency  of  the  common  security  features  or  negatively 
affect the cross-border interoperability of the identity cards, such as the possibility 
that the identity cards can be read by machines used by Member States other than 
those of issue. 

(13)  The Regulation shall respect the obligations set in the United Nations Convention 
on the Rights of Persons with Disabilities ratified by all Member States and the 
Union7. Therefore, the integration of additional features that render identity cards 
more  accessible  and  user-friendly  to  people  with  disabilities,  such  as  visually 
impaired persons, should be encouraged.  

(14)  Residence  documents  issued  to  citizens  of  the  Union  should  include  certain 
information to ensure that they are identified as such in all Member States. This 
should facilitate the recognition of the EU mobile citizen's use of the right to free 
movement and of the rights inherent to this use, but harmonisation should not go 
beyond what is appropriate to address the weaknesses of current documents. 

(15)  As regards residence documents issued to family members who are not nationals 
of a Member State it is appropriate to make use of the same format and security 
features  as  provided  for  in  Council  Regulation  (EC)  No  1030/20028  which  lays 
down  a  uniform  format  for  residence  permits  for  third-country  nationals  as  last 
amended  by  Regulation  (EU)  2017/19549.  In  addition  to  a  prove  of  the  right  of 
residence  they  also  exempt  their  holders  who  are  otherwise  subject  to  a  visa 
obligation  from  the  need  to  obtain  a  visa  when  accompanying  or  joining  the 
citizen of the Union within the Union territory.  

(16)  Article  10  of  Directive  2004/38/EC  provides  that  documents  issued  to  family 
members  who  are  not  nationals  of  a  Member  State  are  to  be  called  "Residence 
card of a family member of a Union citizen". 

(17) 

Identity cards as well as residence cards of a family member of a Union citizen 
with insufficient security standards should be phased out taking into account both 
the security risk and the costs incurred by Member States. In general, a period of 
five  years  should  be  sufficient  to  strike  a  balance  between  the  frequency  with 
which  documents  are  usually  replaced  and  the  need  to  fill  the  existing  security 

7 
8 

9 

OJ L 23, 26.11.2009 
Council Regulation (EC) 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.  
OJ L 286 of 1.11.2017, p.9. 

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gap within the European Union. However, for cards which do not have important 
features,  in  particular  machine  readability,  a  shorter  period  of  two  years  is 
necessary on security grounds. 

(18)  With regard to the personal data to be processed in the context of the application 
of this Regulation, Regulation (EU) 2016/679 of the European Parliament and of 
the Council of 27 April 2016 on the protection of natural persons with regard to 
the  processing  of  personal  data  and  on  the  free  movement  of  such  data,  and 
repealing Directive 95/46/EC (General Data Protection Regulation) 10 applies. It is 
necessary to further specify safeguards applicable to the processed personal data.  
Data subjects should be made well aware of the existence in their documents of 
the  storage  medium  containing  their  biometric  data  including  its  contactless 
accessibility as well as of all instances where the data contained in their identity 
cards and residence documents are used.  In any case, data subjects should have 
access to personal data processed in their identity cards and residence documents 
and have them rectified.  

(19) 

It is necessary to specify in this Regulation the basis for the collection and storage 
of  data  on  the  storage  medium  of  identity  cards  and  residence  documents.  In 
accordance with their national legislation or Union law, Member States may store 
other data on a storage medium for electronic services or other purposes relating 
to the identity card or residence document. The processing of such data including 
their collection and the purposes for which they can be used should be authorised 
by  national  or  Union  law.  All  national  data  should  be  physically  or  logically 
separated from biometric data referred to in this Regulation.  

(20)  Member States should apply this Regulation at the latest 12 months after its entry 
into  force.  As  from  the  date  of  application  of  this  Regulation,  Member  States 
should issue documents respecting the requirements set out in this Regulation. 

(21)  The  Commission  should  report  on  the  implementation  of  this  Regulation  after 
three  years  after  its  date  of  application,  including  on  the  appropriateness  of  the 
level of security. In accordance with paragraphs 22 and 23 of the Interinstitutional 
Agreement  on  Better  Law-Making11  the  Commission  should  carry  out  an 
evaluation  of  this  Regulation  on  the  basis  of  information  collected  through 
specific  monitoring  arrangements  in  order  to  assess  the  actual  effects  of  the 
Regulation and the need for any further action. 

(22)  Since  the  objectives  of  this  Regulation  cannot  be  sufficiently  achieved  by  the 
Member  States  but  can  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  principle  of 
the  Treaty  on  European  Union.  In  accordance  with 
proportionality, as set out in that Article, this Regulation does not go beyond what 
is necessary in order to achieve those objectives.  

(23)  This  Regulation  respects  the  fundamental  rights  and  observes  the  principles 
recognised  in  particular  by  the  Charter  of  Fundamental  Rights  of  the  European 

10 
11 

OJ L 119, 4.5.2016, p. 1. 
Interinstitutional  Agreement  between  the  European  Parliament,  the  Council  of  the  European 
Union  and  the  European  Commission  on  Better  Law-Making  of  13  April  2016;  OJ  L  123, 
12.5.2016, p. 1–14. 

EN 

14 

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Union including the respect for private and family life, the right to the protection 
of personal data, the right to free movement and the right to an effective remedy.  

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 
SUBJECT MATTER, SCOPE AND DEFINITIONS 

Article 1 

Subject matter  

This Regulation strengthens the security standards applicable to identity cards issued by 
Member States to their nationals and to residence documents issued by Member States to 
Union citizens and their family members when exercising their right to free movement. 

Article 2 

Scope 

This Regulation applies to: 

(a) 

(b) 

(c) 

(1) 

(2) 

identity cards delivered by Member States to their own nationals as referred in 
Article 4 (3) of Directive 2004/38/EC;  

registration  certificates  issued  to  Union  citizens  residing  for  more  than  three 
months  in  a  host  Member  State  in  accordance  with  Article 8  of  Directive 
2004/38/EC  and  documents  certifying  permanent  residence  issued  to  Union 
in  accordance  with  Article 19  of  Directive 
citizens  upon  application 
2004/38/EC; 

residence  cards  issued  to  family  members  of  Union  citizens  who  are  not 
nationals  of  a  Member  State  in  accordance  with  Article 10  of  Directive 
2004/38/EC and permanent residence cards issued to family members of Union 
citizens who are not nationals of a Member State in accordance with Article 20 
of Directive 2004/38/EC. 

CHAPTER II 
NATIONAL IDENTITY CARDS 

Article 3 

Security standards/format/specifications 

Identity  cards  issued  by  Member  States  shall  be  produced  in  ID-1  format  and 
shall  comply  with  the  minimum security standards set out in  ICAO  Document 
9303 (seventh edition, 2015).  

The  document  title  ('Identity  card')  shall  appear  in  the  official  language  or 
languages of the issuing Member State and at least one other official language of 
the institutions of the Union. 

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(3) 

(4) 

Identity cards shall include a highly secure storage medium which shall contain 
a  facial  image  of  the  holder  of  the  card  and  two  fingerprints  in  interoperable 
formats.  

The  storage  medium  shall  have  sufficient  capacity  and  capability  to  guarantee 
the integrity, the authenticity and the confidentiality of the data. The data stored 
shall  be  accessible  contactless  and  secured  as  provided  for  in  the  Commission 
Implementing  Decisions  adopted  in  accordance  with  Article  2  of  Regulation 
(EC) 1030/2002. 

(5) 

The  following  persons  shall  be  exempt  from  the  requirement  to  give 
fingerprints: 

(a) 

children under the age of 12 years; 

(b)  persons whose fingerprinting is physically impossible. 

(6) 

(7) 

(8) 

(9) 

Member States may enter details and observations for national use as required in 
the light of their national provisions.  

Where Member States incorporate a dual interface or a separate storage medium 
in  the  identity  card,  the  additional  storage  medium  shall  comply  with  the 
relevant ISO standards and not interfere with the storage medium referred to in 
paragraph 3.  

Where  Member  States  store  data  for  electronic  services  such  as  e-government 
and  e-business  in  the  identity  cards,  the  national  data  shall  be  physically  or 
logically separated from the biometric data referred to in paragraph 3.  

Where  Member  States  add  national  security  features  to  the  identity  cards,  the 
cross-border  interoperability  of  the  identity  cards  and  the  efficiency  of  the 
minimum security standards shall not be diminished.  

(10) 

Identity cards shall have a maximum period of validity of 10 years. Derogations 
may be provided for specific age groups.  

Article 4 

Collection of biometric identifiers 

(1) 

(2) 

The biometric identifiers shall be collected by qualified and duly authorised staff 
designated by the national authorities responsible for issuing identity cards.  

Where  difficulties  are  encountered  in  the  collection  of  biometric  identifiers, 
Member States shall ensure that appropriate procedures are in place to guarantee 
the dignity of the person concerned.  

Article 5 

Phasing out 

Identity cards which do not meet the requirements of Article 3 shall cease to be valid at 
their expiry or by five years after [the date of application of the Regulation], whichever is 
earlier. However, identity cards which do not include a functional machine-readable zone 
(MRZ) compliant with ICAO document 9303 part 3 (seventh edition, 2015) shall cease to 

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16 

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be valid at their expiry or by two years after [the date of application of this Regulation], 
whichever is earlier. 

CHAPTER III 
RESIDENCE DOCUMENTS FOR UNION CITIZENS 

Article 6 

Minimum information to be indicated 

Residence documents issued by Member States to citizens of the Union shall indicate at 
least the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the  title  of  the  document  in  the  official  language  or  languages  of  the  Member 
State concerned and at least one other official language of the institutions of the 
Union; 

the  clear  reference  that  the  document  is  issued  in  accordance  with  Directive 
2004/38/EC; 

document number; 

name (surname and forename(s)) of the holder; 

date of birth of the holder; 

date of issue; 

place of issue. 

CHAPTER IV 
RESIDENCE CARDS FOR FAMILY MEMBERS WHO ARE 
NOT NATIONALS OF A MEMBER STATE 

Article 7 

Uniform format 

(1) 

(2) 

When issuing residence cards to family members of Union citizens who are not 
nationals  of  a  Member  State,  Member  States  shall  use  the  same  format  as 
established by the provisions of Council Regulation (EC) No 1030/2002 laying 
down a uniform format for residence permits for third-country nationals as last 
amended by Regulation (EU) 2017/1954, and as implemented by the provisions 
of  the  Commission  Decision  C(2002)  3069  of  14  August  2002  establishing 
technical  specifications  for  the  implementation  of  the  uniform  format  for 
residence  permits  for  third  country  nationals  as  last  amended  by  Commission 
Decision C(2013) 6178 of 30.9.2013.  

By derogation from paragraph 1, a card shall indicate clearly that it is issued in 
accordance with Directive 2004/38/EC and shall bear the title 'Residence card of 
a  family  member  of  a  Union  citizen'  or  'Permanent  residence  card  of  a  family 
member  of  a  Union  citizen',  respectively.  Member  States  may  use  the 
standardised  code  'Art  10  DIR  2004/38/EC'  or  'Art  20  DIR  2004/38/EC', 
respectively. 

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(3) 

(1) 

(2) 

(1) 

(2) 

Member States may enter data for national use in accordance with national law. 
When  entering  and  storing  such  data,  Member  States  shall  respect  the  same 
requirements  as  set  out  in  Article  4,  2nd  subparagraph,  of  Council  Regulation 
(EC) No 1030/2002 as last amended by Regulation (EU) 2017/1954. 

Article 8 

Phasing out of existing residence cards  

Residence cards of family members of Union citizens who are not nationals of a 
Member  State,  which  are  not  in  a  format  laid  down  for  residence  permits  in 
Regulation (EC) No 1030/2002 as amended by Regulation (EC) No 380/2008 of 
the European Parliament and of the Council on [the date of entry into force of 
this Regulation], shall cease to be valid at their expiry or by [two years after the 
date of application of this Regulation], whichever is earlier. 

Residence cards of family members of Union citizens who are not nationals of a 
Member State, which are in a format laid down for residence permits for third-
country nationals in Regulation (EC) No 1030/2002 as amended by Regulation 
(EC) No 380/2008, but which are not in a format laid down in Regulation (EC) 
No 1030/2002 as amended by Regulation (EU) 2017/1954 on [the date of entry 
into force of this Regulation], shall cease to be valid at their expiry or by [five 
years after the date of application of this Regulation], whichever is earlier.  

CHAPTER V 
COMMON PROVISIONS  

Article 9 

Contact point 

Each  Member  State  shall  designate  one  authority  as  a  contact  point  for  the 
implementation  of  this  Regulation.  It  shall  communicate  the  name  of  that 
authority  to  the  Commission  and  the  other  Member  States.  If  a  Member  State 
changes  its  designated  authority,  it  shall  inform  the  Commission  and  the  other 
Member States accordingly. 

Member  States  shall  ensure  that  the  contact  points  are  aware  of  and  able  to 
cooperate  with  the  existing  and  relevant  information  and  assistance  services  at 
Union  level,  such  as  Your  Europe,  SOLVIT,  EURES,  bodies  foreseen  under 
Article 4 of Directive 2014/54/EU, Enterprise Europe Network and the Points of 
Single Contact. 

Article 10 

Protection of personal data 

(1) 

Without  prejudice  to  the  application  of  Regulation  (EU)  2016/679,  persons  to 
whom  an  identity  card  or  residence  document  is  issued  shall  have  the  right  to 
verify the personal data contained in the documents and, where appropriate, to 
ask for rectification or erasure. 

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(2) 

(3) 

Information in machine-readable form shall only be included in an identity card 
or  residence  document  in  accordance  with  this  Regulation  or  the  national 
legislation of the issuing Member State. 

Biometric data collected and stored in the storage medium of identity cards and 
residence documents shall only be used in accordance with Union and national 
law for verifying: 

(a) 

(b) 

the authenticity of the identity card or residence document; 

the  identity  of  the  holder  by  means  of  directly  available  comparable 
features  when  the  identity  card  or  residence  document  is  required  to  be 
produced by law. 

Article 11 

Monitoring  

By  12  months  after  the  entry  into  force  at  the  latest,  the  Commission  shall  establish  a 
detailed programme for monitoring the outputs, results and impacts of this Regulation. 

The monitoring programme shall set out the means by which and the intervals at which 
the data and other necessary evidence are to be collected. It shall specify the action to be 
taken by the Commission and by the Member States in collecting and analysing the data 
and other evidence. 

Member States shall provide the Commission with the data and other evidence necessary 
for the monitoring. 

Article 12 

Reporting and Evaluation 

(1) 

(2) 

Four  years  after  its  date  of  application,  the  Commission  shall  report  to  the 
European  Parliament,  the  Council  and  the  European  Economic  and  Social 
Committee on the implementation of this Regulation.  

No  sooner  than  six  years  after  the  date  of  application  of  this  Regulation,  the 
Commission shall carry out an evaluation of this Regulation and present a report 
on the main findings to the European Parliament, the Council and the European 
Economic and Social Committee. The evaluation shall be conducted according 
to the Commission's better regulation Guidelines. 

(3) 

Member States shall provide the Commission with the information necessary for 
the preparation of the reports. 

Article 13 

Entry into force 

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

It shall apply from 12 months after its entry into force. 

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

Done at Strasbourg, 

For the European Parliament 
The President 

For the Council 
The President 

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