CELEX: 
Language: en
Date: 1003-03-03
Title: Proposal for a Council Regulation amending Regulation 1683/95 laying down a uniform format for visas # Proposal for a Council Regulation on a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents which are not recognised by the Member State drawing up the form # Proposal for a Council Regulation laying down a uniform format for residence permits for third-country nationals

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   Brussels, 23.03.2001
                                                   COM(2001) 157 final
                                                   2001/0080 (CNS)
                                                   2001/0081 (CNS)
                                                   2001/0082 (CNS)
                                      Proposal for a
                              COUNCIL REGULATION
          amending Regulation 1683/95 laying down a uniform format for visas
                                      Proposal for a
                              COUNCIL REGULATION
 on a uniform format for forms for affixing the visa issued by Member States to persons
holding travel documents which are not recognised by the Member State drawing up the
                                          form
                                      Proposal for a
                              COUNCIL REGULATION
     laying down a uniform format for residence permits for third-country nationals
                             (presented by the Commission)
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
In aiming to establish progressively an area of freedom, security and justice, the Amsterdam
Treaty marked a major advance in European integration. Building upon the Maastricht Treaty
new competences for adopting measures have also been given to the European Community in
relation to measures on immigration policy such as the conditions of entry and residence of
third country nationals. The conclusions of the special European Council in Tampere on the
creation of this area of freedom, security and justice within the European Union have
underlined the importance of ensuring fair treatment for third country nationals who reside
legally on the territory of Member States. The need for more efficient management of
migration flows and illegal immigration and the importance of effective controls at external
borders as a necessary complement to the implementation of these policies were also
emphasised.
Following on from the Vienna Action Plan for the implementation of the Amsterdam Treaty
and the Tampere guidelines, the Commission now proposes measures within the new
institutional framework aiming to render travel and residence documents more secure.
The harmonised system of security features will guarantee against counterfeiting and
falsification as well as for the rapid adoption of new security features if the necessity should
occur. By preventing forgery and counterfeiting of travel and residence documents the
Commission intends to enhance further the high level of security, a target set out both by the
Treaty and the European Council of Tampere.
The implementation powers at the technical level in relation to all proposals will be delegated
to the Commission with the assistance of the Committee created by Article 6 of Regulation
1683/95 laying down the uniform format for visas, in line with the procedure set out in
Article 5 of Decision 1999/468/EC1 in compliance with Article 7 thereof. Under this
procedure the technical specifications to render the documents compatible with the required
security standards will be established. This mechanism will also ensure a continuous peer
control and adaptation to new situations shall need arise.
1.        AMENDMENT TO THE REGULATION ON THE UNIFORM FORMAT FOR VISAS
The adoption of the Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform
format for visas represented a step forward to the total harmonisation of visa policy.
Article 2 of this Regulation (which was based on the former Article 100 C (3) EC Treaty) sets
out that "Further technical specifications which render the visa difficult to counterfeit or
falsify shall be laid down in accordance with the procedure set out in Article 6". The
Commission has already executed this competence in adopting decisions related to the
complementary technical specifications for the uniform format for visas on 7.2.19962 and
later on 27.12.20003.
With the entry into force of the Amsterdam Treaty and the integration of the Schengen Acquis
into the framework of the Treaty, the Commission considers it necessary to adopt additional
measures for security reasons such as common rules related to the filling in of the uniform
1
         OJ L 184, 17.7.1999, p. 23.
2
         Decision 2/96, unpublished.
3
         Decision COM(2000) 4332, unpublished.
                                                2
 ---pagebreak--- format for visas in order to ensure that the visa sticker is completed in the same way in all
Member States.
As Article 202 EC Treaty confers as a general rule the implementing powers to the
Commission, this proposal envisages enlarging the mandate of the Committee established by
Article 6 of the Regulation on a uniform visa, in line with the procedure set out in Article 5 of
Decision 1999/468/EC4 in compliance with Article 7thereof. This Committee will be in
charge of all implementing measures, especially on common standards related to filling in the
form.
In addition to the agreed technical specifications it has also proved necessary to fix additional
conditions such as conditions related to the storage of blank visa stickers. In order to allow for
a more supple adaptation of the mandate should other measures related to the implementation
prove to be indispensable a 4th indent has been added which gives a wider possibility for the
adoption of such measures with the aim to ensure the best ways and means to fight
counterfeiting and forgery.
2.        UNIFORM FORM FOR AFFIXING THE VISA
A first draft for a Joint Action concerning a uniform format for forms for affixing the visas
issued by Member States to persons holding no travel document or to holders of travel
documents which are not recognised by the Member State drawing up the form was presented
originally by the Luxembourg Presidency in October 1997. The issue was taken up again by
the Austrian and Finnish presidency but no agreement on the text could be reached.
The Commission considers that it is important to establish a uniform form for formats for
affixing the visa. The draft proposal for a Regulation is based on the work already completed
in the Council working groups. The form should be a paper sheet, which meets high security
standards, in particular as regards safeguards against counterfeiting and falsification. It should
present a support medium for the uniform format for visas in accordance with Council
Regulation CE N° 1683/95 of 29 May 1995 to be affixed in exceptional cases, when the
passport is not recognised by the Member State issuing the visa and should not substitute for
travel documents.
The Commission considers that in the situation, where travel documents exist but are not
formally recognised by a Member State, the standard form is designed to provide an
alternative support document to ensure that the uniform format can still be issued and applied
according to the provisions of Regulation 1683/95. In these circumstances, the form is
integral to the implementation of the uniform format itself and should therefore be based on
Article 62 (2) (b) (iii) (former Article 100 C).
4
        OJ L 184, 17.7.1999, p. 23.
                                                 3
 ---pagebreak--- 3.       RESIDENCE PERMITS
The Commission’s purpose in presenting this proposal is to “communautarise” the Joint
Action of 16 December 1996 adopted by the Council on the basis of Article K.3 of the TEU
concerning a uniform format for residence permits5 and the relevant technical specifications
adopted by the Council. The proposal also represents an effective measure in relation to the
control of illegal immigration in line with the request of the European Council in Tampere.
As some Member States are currently using the residence permit based on the Joint Action,
the changes introduced are limited to the minimum. The possibility of choice between a
sticker and a stand-alone document is maintained.
In the framework of the Schengen Convention (now integrated into the EC Treaty) the
residence permit together with a travel document can substitute for a visa; in this framework a
third country national presenting his passport and his residence permit is allowed to enter
another Schengen State for a short stay without a visa. It should therefore include safeguard
security features.
The scope of this regulation covers all third-country nationals, except those who are members
of the family of an EU citizen having exercised his/her right to free movement. For those who
are family members of EU citizens, who have not exercised their right of free movement, the
Member State concerned shall issue a residence permit mentioning “family member” as set
out in the Council Directive in relation to the status of long term resident third country
nationals6.
4.       LEGAL BASIS
The legal basis for a Regulation on a uniform format for affixing visas is identical with the
legal basis for the amendment to Regulation 1683/95 laying down the uniform format for
visas namely Article 62 (2) (b) (iii) EC Treaty, the former Article 100c (3), as the uniform
format for affixing visas constitutes an integral part of the visa.
In respect of the documentation for third country nationals, the Commission considers that the
proposal for a Regulation on a uniform format for residence permits for third country
nationals relates to the conditions of entry and residence of third country nationals as a
measure in furtherance of a common immigration policy. The Treaty of Amsterdam gives
powers to the Commission to present a proposal based on Article 63 (3) (a) on the “conditions
of entry and residence”.
In respect of Article 67 EC Treaty the Council is required to act unanimously.
5
        OJ L 7, 10.1.1997.
6
        OJ …………..
                                                 4
 ---pagebreak--- 5.       CONSEQUENCES      IN RELATION TO THE VARIOUS PROTOCOLS ANNEXED TO THE
         TREATY
The legal bases for the proposals concerning documents issued by Member States to third-
country nationals, Residence Permit for third-country nationals, uniform format for affixing
visas and an amendment to Regulation 1683/95 laying down the uniform format for visas, fall
within Title IV of the Treaty and thus imply the variable situation as laid down by the
protocols on the position of UK, IRL and DK.
5.1      United Kingdom and Ireland
According to Article 2 of the Protocol on the position of the United Kingdom and Ireland
annexed to the Treaty "none of the provisions of Title IV of the Treaty establishing the
European Community, no measure adopted pursuant to that title,…, shall be binding upon or
applicable in the United Kingdom or Ireland".
However, following Article 3 of the said protocol "the United Kingdom or Ireland may notify
the president of the Council in writing, within three months after a proposal or initiative has
been presented to the Council pursuant to Title IV of the Treaty establishing the European
Community, that it wishes to take part in the adoption and application of any such proposed
measure, whereupon that State shall be entitled to do so".
5.2      Denmark
By the Protocol annexed to the Amsterdam Treaty on the position of Denmark, Denmark does
not take part in the adoption by the Council of measures pursuant to Title IV of the EC
Treaty, with the exception of “measures determining the third countries whose nationals must
be in possession of visas when crossing the external borders, or measures relating to a
uniform format for visas” (former Article 100c).
This passage from the Protocol reflects Denmark’s concern to abide by the Community
commitments it undertook in the Maastricht Treaty (Article 100c ECT and Regulations (EC)
No 1683/95 and 574/99). The Commission, on the basis of its interpretation of Article 100c,
considers that Article 62(2)(b)(iii) of the EC Treaty makes no innovations over Article 100c
but merely confirms and clarifies the objective to which it gives form. Denmark is
accordingly to play a full part in the legislative procedure following the presentation of the
proposals for a Regulation based on Article 62(2)(b)(iii) such as the amendment to Regulation
1683/95 and the uniform format for affixing the visas.
However, in relation to the proposal for a Regulation laying down a uniform format for
residence permits for third country nationals Art 5 of the protocol on the position of Denmark
annexed to the Treaty excludes the possibility to decide within a period of 6 months after the
Council decision whether it will implement the decision in its national law as this measure is
not "building upon the Schengen acquis". Therefore Denmark will not participate.
                                                5
 ---pagebreak--- 5.3       Norway and Iceland
In accordance with Article 6 first indent of the Schengen Protocol, an agreement has been
signed on 18 May 1999 between the Council, Norway and Iceland in order to associate those
two countries with the implementation, application and development of the Schengen acquis7.
Article 1 of this agreement stipulates that Norway and Iceland are associated with the
activities of the EC and the EU in the areas covered by the provisions referred to in the
Annexes A (provisions of the Schengen acquis) and B (provisions of acts of the European
Community, which have replaced corresponding provisions of, or adopted pursuant to, the
Schengen Convention) of the agreement as well as by those which will follow from them.
According to Article 2 of the agreement, the provisions of all acts or measures taken by the
European Union amending or building upon the integrated Schengen Acquis (Annex A, B)
shall be implemented and applied by Norway and Iceland.
In Annex B is included Council Regulation 1683/95 of 29 May 1995 laying down the uniform
format for visas. As a consequence the matter has to be discussed in the "Mixed Committee"
as provided for in Article 4 of the Agreement to give the possibility to Norway and Iceland
"to explain the problems they encounter in respect of " the measure and "to express
themselves on any questions concerning the development of provisions of concern to them or
the implementation thereof". The amendment to the Regulation shall be implemented and
applied by Norway and Iceland.
The same procedure should apply for the proposal for a Regulation on a uniform format for
affixing visas, as the Commission considers this to be integral part of the uniform format for
visas.
In relation to the residence permit for third country nationals one should note, that the
decision of the Executive Committee on the implementation of the Joint Action on a uniform
format for residence permits (Sch/Com-ex (97) 34 rev), which sets out that the Schengen
States should endeavour to implement the residence permit as soon as possible before the end
of the transitional period set out in the Joint Action, is included in Annex A as part of the
Schengen Acquis.Therefore one could argue that all Schengen States should implement the
residence permit as soon as possible, including Norway and Iceland. It is especially in the
interest of Schengen States that in an area without internal borders, the same secured
residence permit is issued to third country nationals.
6.        SUBSIDIARITY AND PROPORTIONALITY
Article 62(2)(b)(iii) confers on the Community the exclusive competence on the issues
covered by these provisions.
Article 63 (3) (a) is part of Title IV, where in a transitional period of 5 years referred to in
Article 67 gives a shared right of initiative to the Commission and Member States.
The Commission considers that in view of the efforts already made by Member States to
harmonise their documents it is appropriate to take action on Community level to ensure the
7
         OJ L 176, 10.7.1999, p. 35.
                                                  6
 ---pagebreak--- coherence and compatibility of documents within the European Union. This can only be done
on Community level.
Article 5 EC Treaty stipulates that "any action by the Community shall not go beyond what is
necessary to achieve the objectives of the Treaty".
The following proposal aim to render more secure, legally binding and easy adaptable to new
circumstances in view of suspected counterfeiting and forgery of
– the uniform format for visas in widening the mandate of the Committee created by
   Article 6 for the adoption of additional measures for security reasons
– the residence document issued by Member States to third country nationals, legally
   residing on their territory and
– the uniform format for affixing the visa issued by Member States to persons holding travel
   documents which are not recognised by the Member State drawing up the form.
This purpose can only be achieved by a Community measure.
The main reason for preferring Regulations to Directives is that the proposals aim at a total
harmonisation of the layout of European documents, and their security features, thus leaving
no room for discretion to the Member States.
                                               7
 ---pagebreak--- 1.        PROPOSAL FOR A REGULATION OF THE COUNCIL AMENDING REGULATION 1683/95
          LAYING DOWN A UNIFORM FORMAT FOR VISAS
1.1       Comments on the Articles
1.1.1     Article 1
This Article sets out the changes, which have to be introduced to Regulation (EC) 1683/95; it
confers the implementing powers as regards the Regulation to the Committee created in
Article 6 of the Regulation laying down a uniform format for visas in compliance with the
regulatory procedure set out in Article 5 of Decision 1999/468/EC and in compliance with
Article 7thereof.
The Committee should not only establish the necessary technical specifications, but also the
conditions of storage and filling in the forms, linked to the security of the uniform format. As
there may be other measures necessary to implement the Regulation, which are not obvious
now, there is a more general provision included under d). This will ensure the necessary
coherence and the possibility that the technical experts on this matter are able to co-ordinate
the procedures and assume the responsibilities for all European Union documents in a
satisfactory manner.
1.1.2     Article 2
This Article adapt the procedure referred to in Article 6 to the new regulatory procedure set
out in Article 5 of Decision 1999/468/EC in compliance with Article 7 thereof.
                                                8
 ---pagebreak---                                                         2001/0080 (CNS)
                                           Proposal for a
                                   COUNCIL REGULATION
            amending Regulation 1683/95 laying down a uniform format for visas
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article
62 (2) b) iii) thereof,
Having regard to the proposal from the Commission8,
Having regard to the opinion of the European Parliament9,
Whereas:
(1)     Council Regulation (EC) No 1683/9510 laid down a uniform format for visas.
(2)     It is necessary to be able to establish common standards relating to the implementation
        of the format in particular common standards for filling in the form and enhanced
        security standards for their storage.
(3)     Common standards relating to the implementation of the uniform format of visas are
        essential to achieve a high technical standard and to facilitate detection of forged or
        falsified visa stickers.
(4)     The powers to adopt such common standards should be conferred to the Committee
        established by Article 6 of Regulation (EC) No 1683/95. Since the measures necessary
        for the implementation of the Regulation are measures of general scope within the
        meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down
        the procedures for the exercise of implementing powers conferred on the Commission,
        they should be adopted by use of the regulatory procedure provided for in Article 5 of
        that Decision.
(5)     It is therefore necessary to amend Regulation (EC)n° 1683/95 consequently
(6)     The present Regulation constitutes in relation to the implementation of the Agreement
        on the association of Norway and Iceland a development of the Schengen acquis in the
        sense of the Protocol integrating the Schengen acquis into the framework of the
        European Union;
8
        OJ C , , p. .
9
        OJ C , , p. .
10
        OJ L 164, 14.7.1995, p. 1.
                                                  9
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                              Article 1
Regulation (EC) No 1683/95 is amended as follows:
(1)     Article 2 is replaced by the following:
                                              Article 2
        Further technical specifications for the uniform format for visas relating to the
        following shall be established in compliance with the procedure referred to in
        Article 6 (2):
        (a)   further security requirements including enhanced anti-forgery, counterfeiting
              and falsification standards;
        (b)   conditions of storage to prevent theft;
        (c)   rules for the filling in of the uniform visa;
        (d)   other conditions necessary for the implementation of the uniform format for
              visas.
(2)     Article 6 is replaced by the following:
                                              Article 6
        (1)   The Commission shall be assisted by a committee, composed of representatives
              of the Member States and chaired by a representative of the Commission.
        (2)   Where reference is made to this paragraph, the regulatory procedure laid
              down in Article 5 of Decision 1999/468/EC shall apply in compliance with
              Article 7thereof.
        (3)   The period provided for in Article 5(6) shall be of one month.
                                                 10
 ---pagebreak---                                             Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States in
accordance with the EC Treaty.
Done at Brussels,
                                              For the Council
                                              The President
                                               11
 ---pagebreak--- 2.        PROPOSAL FOR A REGULATION OF THE COUNCIL LAYING DOWN A UNIFORM
          FORMAT FOR FORMS FOR AFFIXING THE VISA ISSUED BY MEMBER STATES TO
          PERSONS HOLDING TRAVEL DOCUMENTS WHICH ARE NOT RECOGNISED BY THE
          MEMBER STATE DRAWING UP THE FORM
2.1       Comments on the Articles
2.1.1     Article 1
This provision describes the general definition of the uniform format for forms for affixing
the visa.
2.1.2     Article 2
This Article confers the implementing powers as regards the Regulation to the Committee
created in Article 6 of the Regulation laying down a uniform format for visas.
The Committee not only establishes the necessary technical specifications, but also the
conditions of storage and filling in the forms, linked to the security of the uniform format. As
there may be other measures necessary to implement the Regulation, which are not obvious
now, there is a more general provision included under d). This will ensure the necessary
coherence and the possibility that the technical experts on this matter are able to co-ordinate
the procedures and assume the responsibilities for all European Union documents in a
satisfactory manner.
2.1.3     Article 3
Obviously, some technical particulars should not be published under any circumstances, in
order to prevent such information being used for the purposes of counterfeiting or
falsification. These technical particulars will therefore need to be laid down in a decision,
since under Article 254 of the EC Treaty decisions do not need to be published. The
Committee already set up to deal with the uniform visa format will take decisions in this
framework, since the same experts already have the relevant experience of very high technical
standards, notably as regards safeguards against counterfeiting and falsification, and secret
documents.
For the same reasons, it is necessary to ensure that only persons so authorised by the Member
States and Community bodies have access to this information. This also applies to the printing
bodies, which are thus restricted in the first sentence of Article 3(2) to one per Member State.
2.1.4     Article 4
The Community is bound to respect fundamental rights such as protection of privacy, and
data protection.
The wording of this article covers all applicable provisions on data protection: Directive
95/46/EC of the European Parliament and of the Council of 24.10.95 on the protection of
                                                 12
 ---pagebreak--- individuals with regard to the processing of personal data and on the free movement of such
data11.
Paragraph 2 ensures that the person to whom the document has been issued is able to check
the information introduced and that there is no other additional information provided.
Paragraph 3 sets out that the machine readable information introduced shall correspond to the
data entered on the document.
2.1.5     Article 5
The committee should carry out its tasks in compliance with the regulatory procedure set out
in Article 5 of Decision 1999/468/EC in compliance with Article 7 thereof.
2.1.6     Article 6
The final provision gives Member States a reasonable period to adapt production methods if
necessary. This also ensures that the technical specifications can be established in good time.
2.1.7     Annex
The annex referred to in Article 1 contains a description of the model for the uniform format
for affixing the visa. It specifies only those characteristics, which are visible to the naked eye
and thus not secret.
11
        OJ L 281, 23.11.1995, p. 31.
                                                13
 ---pagebreak---                                                           2001/0081 (CNS)
                                             Proposal for a
                                     COUNCIL REGULATION
 on a uniform format for forms for affixing the visa issued by Member States to persons
holding travel documents which are not recognised by the Member State drawing up the
                                                 form
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article
62, 2), b), iii) thereof,
Having regard to the proposal from the Commission12,
Having regard to the opinion of the European Parliament13,
Whereas:
(1)     The harmonisation of visa policy is an important measure in relation to establishing
        progressively an area of freedom, security and justice, specifically as regards border
        crossing.
(2)     The forms for affixing visas issued to persons holding travel documents which are not
        recognised by the Member State drawing up the form do not currently correspond to
        the required security standards. For this reason, it is necessary to harmonise the format
        for such forms in order to render them more secure"
(3)     This uniform format must contain all the necessary information and meet high
        technical standards, in particular as regards safeguards against counterfeiting and
        falsification; they must also be suited to use by all Member States and bear universally
        recognisable harmonised security features which are clearly visible to the naked eye.
(4)     This Regulation only lays down the description of the model for the uniform format;
        this need to be supplemented by further technical specifications which are to remain
        secret in order to prevent counterfeiting and falsifications and which may not include
        personal data or references to such data. Powers to adopt such technical specifications
        should be conferred to the Commission, who shall be assisted by the Committee
        established by Article 6 of Council Regulation(EC) n° 1683/95 of 29 May 1995 laying
        down a uniform format for visas14.
12
        OJ C , , p. .
13
        OJ C , , p. .
14
        OJ L 164,14.7.1995, p. 1.Regulation as amended by Regulation amending Regulation 1683/95 laying
        down a uniform format for visas.
                                                   14
 ---pagebreak--- (5)     To ensure that the information referred to is not made available to more persons than
        necessary, each Member State should designate a single body having responsibility for
        printing the uniform format, with Member States remaining free to change the body, if
        need be; each Member State should communicate the name of the competent body to
        the Commission and the other Member States.
(6)     With regard to the personal data to be entered on the uniform formats, it is necessary
        to ensure compliance with Directive 95/46/EC of the European Parliament and of the
        Council of 24.10.95 on the protection of individuals with regard to the processing of
        personal data and on the free movement of such data15.
(7)     The present Regulation constitutes in relation to the implementation of the Agreement
        on the association of Norway and Iceland a development of the Schengen acquis in the
        sense of the Protocol integrating the Schengen acquis into the framework of the
        European Union.
(8)     Since the measures necessary for the implementation of this Regulation are measures
        of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of
        28 June 1999 laying down the procedures for the exercise of implementing powers
        conferred on the Commission16, they should be adopted by use of the regulatory
        procedure provided for in Article 5 of that decision.
HAS ADOPTED THIS REGULATION:
                                             Article 1
1.        For the purposes of this Regulation, "form for affixing a visa" shall mean the
          document issued by the authorities of a Member State to the holder of a travel
          document which is not recognised by that Member State, to which its' competent
          authorities affix a visa.
2.        The form for affixing a visa shall correspond to the model set out in the annex.
3.        Where the holder of a form for affixing a visa is accompanied by his or her
          dependant(s), it shall be for each Member State to decide whether separate visa
          sheets should be issued to the principal and each of their dependant(s).
                                             Article 2
The technical specifications for the uniform format for forms for affixing the visa and the
specifications relating to the following shall be established in compliance with the procedure
referred to in Article 5 (2):
–         a) security requirements including enhanced anti-forgery, counterfeiting and
          falsification standards
–         b) conditions of storage to prevent theft;
15
        OJ L 281, 23.11.1995, p. 31.
16
        OJ L 184, 17.7.1999, p. 23.
                                                15
 ---pagebreak--- –        c) rules for the filling in of the uniform format for affixing the visa;
–        d) other conditions necessary for the implementation of the uniform format.
                                               Article 3
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 responsibility for printing the uniform
format for forms. 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. It shall inform the
Commission and the other Member States accordingly.
                                               Article 4
The format, production and use of the uniform format for forms shall comply with Directive
95/46/EC of the European Parliament and the Council of 24.10.95 on the protection of
individuals with regard to the processing of personal data and on the free movement of such
data17.
Without prejudice to these rules, persons to whom the uniform format for forms is issued shall
have the right to verify the personal particulars contained in the uniform format for forms and,
where appropriate, to ask for any corrections or deletions to be made.
No information in machine-readable form shall be given on the uniform format for forms.
                                               Article 5
1.       The Commission shall be assisted by the Committee instituted by Article 6 of
         Regulation (EC) No 1683/95.
2.       Where reference is made to this paragraph, the regulatory procedure laid down in
         Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof.
3.       The period provided for in Article 5 (6) of Decision 1999/468/EC shall be one
         month."
                                               Article 6
The uniform format for form for affixing a visa set out in Article 1 shall be used by the
Member States no later than 2 years after the adoption of the measures referred to in Article
2(a). However, the validity of authorisations granted already and issued on another format
shall not be affected by the introduction of the uniform format for affixing the visas, unless
the Member State concerned decides otherwise.
17
        OJ L 281, 23.11.1995, p. 31.
                                                  16
 ---pagebreak---                                             Article 7
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States in
accordance with the EC Treaty.
Done at Brussels,
                                              For the Council
                                              The President
                                               17
 ---pagebreak---                                                                       ANNEX
                                                          Name of Member State
                                                          Nom de l’Etat Membre
                                                          Form for affixing a visa
                                                   Formulaire pour apposer le visa
                                                                 Nº: .....................
                                 Issuing authority:
                                 Autorité de délivrance
                        .......................................................
                        .......................................................
                                                                                                  Stamp
                        .......................................................
                                                                                                 Tampon
                        Date:..............................................                .........................
                        Date
                                                                                                Signature
                                                                                                Signature
                        Enter the holder's surname, forename(s), date of birth and passport number
                        if the passport number is not indicated in the machine-readable area.
                        Indiquez le nom, prénom, date de naissance du titulaire et le N° du
                        passeport, si ce n’est pas indiqué dans la zone lisible à la machine
                                                                VISA sticker
The printed text shall appear in English and French. The issuing Member State may add other language(s). However, the words
"Form for affixing a visa" and "Visa sticker", the name of the issuing Member State and the instructions may appear in any
language(s).
                                                                            18
 ---pagebreak--- 3.        PROPOSAL FOR A REGULATION OF THE COUNCIL LAYING DOWN A UNIFORM
          FORMAT FOR RESIDENCE PERMITS FOR THIRD COUNTRY NATIONALS
3.1       Comments on the Articles
3.1.1     Article 1
This provision describes the general characteristics of the uniform format.
Paragraph 1 gives the choice to Member States whether they want to use a sticker or a stand-
alone card. As the residence permit for third country nationals is already in use in some of the
Member States and the Joint Action provided already the possibility for two different
techniques, the Member States should not be forced to change their production, only recently
established.
Paragraph 2 gives a definition of the residence permit and draws the line at other
authorisations. It also gives a default definition of the concept of third-country nationals: it
means persons excluding EU citizens as defined in the EC Treaty. This refers to persons
having the nationality of a non-member country plus stateless persons within the meaning of
the New York Convention of 28 September 1954.
3.1.2     Article 2
This Article confers the implementing powers as regards the Regulation to the Committee
created in Article 6 of the Regulation laying down a uniform format for visas.
The Committee not only establishes the necessary technical specifications, but also the
conditions of storage and filling in the forms, linked to the security of the uniform format. As
there may be other measures necessary to implement the Regulation, which are not obvious
now, there is a more general provision included. This will ensure the necessary coherence and
the possibility that the technical experts on this matter are able to co-ordinate the procedures
and assume the responsibilities for all European Union documents in a satisfactory manner.
3.1.3     Article 3
Obviously, some technical particulars should not be published under any circumstances, in
order to prevent such information being used for the purposes of counterfeiting or
falsification. These technical particulars will therefore need to be laid down in a decision,
since under Article 254 of the EC Treaty decisions do not need to be published. The
Committee already set up to deal with the uniform visa format will take decisions in this
framework, since the same experts already have the relevant experience of very high technical
standards, notably as regards safeguards against counterfeiting and falsification, and secret
documents.
For the same reasons, it is necessary to ensure that only persons so authorised by the Member
States and Community bodies have access to this information. This also applies to the printing
bodies, which are thus restricted in the first sentence of Article 3(2) to one per Member State.
3.1.4     Article 4
The Community is bound to respect fundamental rights such as protection of privacy, and
data protection.
                                                 19
 ---pagebreak--- The wording of this article covers all applicable provisions on data protection: Directive
95/46/EC of the European Parliament and of the Council of 24.10.95 on the protection of
individuals with regard to the processing of personal data and on the free movement of such
data18.
Paragraph 2 ensures that the person to whom the document has been issued is able to check
the information introduced and that there is no other additional information provided.
Paragraph 3 sets out that the machine-readable information introduced shall correspond to the
data entered on the document.
3.1.5    Article 5
This provision determines the scope of persons to whom the regulation shall apply.
3.1.6    Article 6
The committee should carry out its tasks in compliance with the regulatory procedure set out
in Article 5 of Decision 1999/468/EC in compliance with Article 7 thereof.
3.1.7    Article 7
The regulation should replace the Joint Action of 16 December 1996 adopted by the Council
on the basis of Article K.3 of the Treaty on European Union concerning a uniform format for
residence permits (97/11/JHA) and the measures of the Council adopted in view of its
implementation. This Article gives Member States a reasonable period to adapt production
methods if necessary. This also ensures that the technical specifications can be established in
good time.
3.1.8    Annex
The annex referred to in Article 1 contains a description of the model for the uniform
residence permit. It specifies only those characteristics, which are visible to the naked eye and
thus not secret.
18
        OJ L 281, 23.11.1995, p. 31.
                                               20
 ---pagebreak---                                                        2001/0082 (CNS)
                                         Proposal for a
                                  COUNCIL REGULATION
     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 Article
63 (3) thereof,
Having regard to the proposal from the Commission19,
Having regard to the opinion of the European Parliament20,
Whereas:
(1)     The Amsterdam Treaty aims establishing progressively an area of freedom, security
        and justice and confers a shared right of initiative to the Commission in order to take
        the relevant measures on a harmonised immigration policy.
(2)     The special European Council of Tampere emphasised the need for this harmonised
        immigration policy and in view of the provisions of the Treaty related to the entry and
        residence of third-country nationals.
(3)     The Joint Action of 16 December 1996 adopted by the Council on the basis of Article
        K.3 of the Treaty on European Union concerning a uniform format for residence
        permits (97/11/JHA)21 confirms the necessity to harmonise the format of residence
        permits issued by Member States to third country nationals.
(4)     The Joint Action 97/11/JHA should now be replaced by a Community measure.
(5)     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 falsification; this will contribute to the objective
        of preventing and fighting against illegal immigration and illegal residence. It must
        also be suited to use by all the Member States and bear universally recognisable
        harmonised security features, which are clearly visible to the naked eye.
(6)     This Regulation only lays down such specifications as are not secret; these
        specifications need to be supplemented by further specifications which are to remain
        secret in order to prevent counterfeiting and falsifications and which may not include
        personal data or references to such data. Powers to adopt such supplementary
19
        OJ C , , p. .
20
        OJ C , , p. .
21
        OJ L 7, 10.1.1997, p.1.
                                                21
 ---pagebreak---      specifications should be conferred to the Commission, who shall be assisted by the
     Committee established by Article 6 of Council Regulation(EC) n°1683/95 of
     29 May 1995 laying down a uniform format for visas22.
(7)  To ensure that the information referred to is not made available to more persons than
     necessary, it is also essential that each Member State should designate not more than
     one body having responsibility for printing the uniform format for residence permits,
     with Member States remaining free to change the body. For security reasons, each
     Member State must communicate the name of the competent body to the Commission
     and to the other Member States.
(8)  With regard to the personal data to be entered on the uniform format for residence
     permits, compliance should be ensured with Directive 95/46/EC of the European
     Parliament and of the Council of 24.10.95 on the protection of individuals with regard
     to the processing of personal data and on the free movement of such data23.
(9)  Since the measures necessary for the implementation of this Regulation are measures
     of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of
     28 June 1999 laying down the procedures for the exercise of implementing powers
     conferred on the Commission24, they should be adopted by use of the regulatory
     procedure provided for in Article 5 of that decision.
(10) The present Regulation constitutes in relation to the implementation of the Agreement
     on the association of Norway and Iceland a development of the Schengen acquis in the
     sense of the Protocol integrating the Schengen acquis into the framework of the
     European Union;
HAS ADOPTED THIS REGULATION:
                                             Article 1
1.     Residence permits issued by Member States to third country nationals shall be in a
       uniform format and provide space for the information set out in the annex hereto.
       The uniform format can 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
       importance 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:
22
     OJ L 164, 14.7.1995,p.1. Regulation as amended by Regulation amending Regulation 1683/95 laying
     down a uniform format for visas.
23
     OJ L 281, 23.11.1995, p. 31.
24
     OJ L 184, 17.7.1999, p. 23.
                                                22
 ---pagebreak---                 i)    visas,
                ii)   permits issued pending examination of an application for a residence
                      permit or for asylum.
         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 establishing the
                European Community.
                                               Article 2
Additional technical specifications for the uniform format for residence permits relating to the
following shall be established in compliance with the procedure referred to in Article 6 (2):
–        a) further security requirements including enhanced anti-forgery, counterfeiting and
         falsification standards
–        b) conditions of storage to prevent theft;
–        c) rules for the filling in of the uniform residence permit;
–        d) other conditions necessary for the implementation of the uniform format.
                                               Article 3
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 responsibility 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. It shall inform the Commission
and the other Member States accordingly.
                                               Article 4
The format, production and use of the uniform residence permit shall comply with Directive
95/46/EC .
Without prejudice to these 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 ask for any corrections or deletions to be made.
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.
                                                  23
 ---pagebreak---                                             Article 5
This Regulation does 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 to free movement in accordance with this agreement.
                                            Article 6
1.       The Commission shall be assisted by the Committee instituted by Article 6 of
         Regulation (EC) No 1683/95.
2.       Where reference is made to this paragraph, the regulatory procedure laid down in
         Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof.
3.       The period provided for in Article 5 (6) of Decision 1999/468/EC shall be one
         month."
                                            Article 7
Member States shall issue the uniform form for residence permits set out in Article 1 no later
than one year after the adoption of the measures referred to in Article 2(a).
From that time, this Regulation shall replace in the Member State concerned the Joint Action
97/11/JHA.
However, the validity of authorisations granted in documents already issued shall not be
affected by the introduction of the uniform format for residence permits, unless the Member
State concerned decides otherwise
                                            Article 8
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States in
accordance with the EC Treaty.
Done at Brussels,
                                              For the Council
                                              The President
                                               24
 ---pagebreak---                                                ANNEX
a)        Description:
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 should be orientated to the specifications set
out in the ICAO Document on machine readable visas (Document 9303 part 2) or on machine
readable travel documents (cards) (Document 9303 part 3). It shall contain the following
items:
1. The title of the document (Residence permit) shall appear in the language(s) of the issuing
Member State.∗
2. 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” shall indicate the relevant expiry date, or, where appropriate, a word to
indicate unlimited validity.
5. 3. Place/date of issue: the place and date of issue of the residence permit.*
6. 4. Type of permit: the specific type of residence permit issued to the third country national
by the Member State.* For the member of the family of a EU citizen, who has not exercised
the right of free movement it should be mentioned “family member”
7. 5.-9. Remarks: Member States may enter details and indications for national use necessary
with regard to their rules on third country nationals including indications relating to any
permission to work.*
8. Date/Signature/Authorisation: - if necessary - the signature and seal of the issuing authority
and/or the holder.
9. The printed area shall contain the national emblem of the Member State to distinguish the
residence permit and provide a safeguard of its national origin.
10. machine-readable area. The machine-readable area shall conform to ICAO guidelines.
11. The machine readable area shall contain a printed text indicating exclusively the
respective Member State. This text may not affect the technical features of the machine-
readable zone.
12. Metallized latent image effect including the country code of the Member State, if a sticker
or a non-laminated paper card is used.
13. OVD (kinegram or equivalent sign).
∗
          Where this information appears in an official language using non-Latin characters, it should be
          transliterated in Latin characters.
                                                   25
 ---pagebreak--- 14. If the residence permit is produced as a stand-alone document, an identity photograph
shall be affixed and secured with OVD film (kinefilm or equivalent security laminate).
15. The following additional information boxes shall be provided on the back in the case of a
stand-alone document:
- date/place of birth,*
- nationality,*
- sex,*
- remarks.*
The address of the permit holder may also be indicated.*
b)      Colour, Printing procedure
The Member States establish the colour and the printing procedure in accordance with the
uniform model set out in this Annex and the technical specifications to be established in
accordance with Article 2 of the Regulation.
c)      Material
The paper used for the residence permit giving personal particulars or other data shall meet
the following 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
If a card for inserting personal data is made entirely of plastic, it is not usually possible to
incorporate the authentication marks used in residence permit paper. The lack of marks in the
materials shall be compensated for by measures in respect of security printing, use of OVDs
(OVD = optically variable device), or an issuing technique over and above the following
enhanced standards. The essential security features of the material should be of a uniform
pattern.
*
        Where this information appears in an official language using non-Latin characters, it should be
        transliterated in Latin characters.
                                                 26
 ---pagebreak--- d)      Printing technique
The following printing techniques shall be available:
- 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 side of a card shall be distinguishable from the back side.
- 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 cards integrated using the same technique as for the biographical data. If a sticker is
used, printed numbering using fluorescent ink and a special style of figures is obligatory.
If stickers or non-laminated paper cards are used, intaglio printing with latent image effect,
micro text and optically variable ink shall also be employed. Additional optically variable
security devices shall also be used on cards made entirely of plastic, at least through the use of
optically variable ink or equivalent measures. The essential features of the security printing
should be of a uniform pattern.
e)      Protection against copying
A harmonised optically variable (OVD) or equivalent device shall be used on the residence
permit sticker or on the front of the residence permit card and shall take the form of
diffractive structures (kinegram or equivalent) incorporated into the hot-sealed laminate or as
an OVD overlay, or, on stickers or a non-laminated paper card, as metallised OVD (with
intaglio overprinting).
f)      Issuing technique
To ensure that residence permit data are properly secured against attempts at counterfeiting
and falsification, personal data including the photograph, the holder’s signature and main
issue data shall in future be integrated into the basic material of the document. Conventional
methods of attaching the photograph shall no longer be used.
                                                27
 ---pagebreak--- 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 shall be made compulsory where laser
printing, thermo-transfer or photographic techniques are used.
g)      Member States have the possibility as regards to point c, d and e to introduce further
security features in so far as these are in conformity with decisions already taken about these
matters.
The technical requirements and the security features shall correspond to the requirements and
specifications set out in Regulation (EC) 1683/95 laying down a uniform format for visas.
                                                28
 ---pagebreak--- Residence Permit for third country nationals in card-form
                                          29
 ---pagebreak--- Residence Permit for third country nationals in sticker form
                                          30