29.4.2008 EN Official Journal of the European Union L 115/1
COUNCIL REGULATION (EC) No 380/2008
of 18 April 2008
amending Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 63(3)(a) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) The Amsterdam Treaty aims to establish progressively an area of freedom, security and justice and confers the right of initiative on the Commission in order to take the relevant measures on a harmonised immigration policy.
(2) 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.
(3) The integration of biometric identifiers is an important step towards the use of new elements, which establish a more reliable link between the holder and the residence permit as an important contribution to ensuring that it is protected against fraudulent use. The specifications set out in the International Civil Aviation Organisation (ICAO) document No 9303 Part 3 on Size 1 and 2 machine readable official documents should be taken into account.
(4) Furthermore, the vast majority of Member States apply the principle of one person one document, which enhances security even further. It should be examined whether this principle should be rendered mandatory.
(5) At its meeting in Thessaloniki on 19 and 20 June 2003, the European Council stressed that a coherent approach was needed in the EU on biometric identifiers or biometric data, which would result in harmonised solutions for documents for third country nationals, EU citizens’ passports and information systems.
(6) The use of new technologies such as e-government and digital signature for access to e-services should be facilitated by giving Member States the possibility to use the storage medium used for the incorporation of biometric identifiers or an additional storage medium for that purpose in residence permits.
(7) The purpose of this Regulation is solely to set the security features and biometric identifiers to be used by the Member States in a uniform format of residence permit for third-country nationals.
(8) This Regulation only lays down specifications that are not secret; these specifications need to be supplemented by further specifications which may 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 specifications should be conferred on the Commission, which should be assisted by the Committee established by Article 6 of Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (2).
(9) With regard to the personal data to be processed in the context of the uniform format for residence permits, Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (3) applies. It must be ensured that no further information is stored on the uniform format for residence permits unless provided for in Council Regulation (EC) No 1030/2002 (4), its Annex or unless it is mentioned in the relevant travel document.
(10) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of introducing biometric identifiers in interoperable formats to lay down rules for all Member States implementing the Schengen Convention. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued in accordance with the third paragraph of Article 5 of the Treaty.
(11) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Regulation, and is therefore not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark should, in accordance with Article 5 of that Protocol, decide within a period of six months after the adoption of this Regulation, whether it will implement it in its national law.
(12) As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis
 (5) which fall within the area referred to in Article 1, point C of Council Decision 1999/437/EC (6) on certain arrangements for the application of that Agreement.
(13) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom gave notice, by letter of 29 December 2003, of its wish to take part in the adoption and application of this Regulation.
(14) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland gave notice, by letter of 19 December 2003, of its wish to take part in the adoption and application of this Regulation.
(15) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed by the European Union, the European Community and the Swiss Confederation on the latter's association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point C of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/860/EC (7),
Regulation (EC) No 1030/2002 is hereby amended as follows:
1. Article 1 shall be amended as follows:
(a) in paragraph 1, the second sentence shall be replaced by the following:
(b) paragraph 2(a) shall be amended as follows:
(i) point (ii) shall be replaced by the following:
‘(ii) permits issued pending examination of a request for asylum, an application for a residence permit or an application for its extension;’;
(ii) the following point shall be inserted:
‘(iia) permits issued in exceptional circumstances with a view to an extension of the authorised stay with a maximum duration of one month;’;
2. the following points shall be added to Article 2(1):
‘(d) technical specifications for the storage medium of the biometric features and the security thereof, including prevention of unauthorised access;
(e) requirements for the quality of and common standards for the facial image and the fingerprint images;
(f) an exhaustive list of additional national security features which could be added by Member States in accordance with point (h) of the Annex.’;
3. in Article 3, the first paragraph shall be replaced by the following:
4. in Article 4, the second paragraph shall be replaced by the following:
(a) the authenticity of the document;
(b) the identity of the holder by means of directly available comparable features when the residence permit is required to be produced by national legislation.’;
5. the following Articles shall be inserted:
— a photograph provided by the applicant or taken at the time of application and,
— two fingerprints taken flat and digitally captured.
6. the following Article shall be inserted:
7. in Article 9, the third paragraph shall be replaced by the following:
8. the Annex shall be amended in accordance with Annex I to this Regulation.
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.