Council Regulation (EC) No 1030/2002Show full title

Council Regulation (EC) No 1030/2002

of 13 June 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 point 3 of Article 63 thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the European Parliament(2),

Whereas:

(1) The Treaty of Amsterdam aims to establish progressively an area of freedom, security and justice and confers a shared right of initiative on the Commission in order to take the relevant measures on a harmonised immigration policy.

(2) Paragraph 38(c)(ii) of the action plan of the Council and the Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice(3) provides for the preparation of rules concerning procedures for the issue by Member States of long-visas and residence permits.

(3) The Tampere European Council of 15 and 16 October 1999 emphasised the need for this harmonised immigration policy, particularly in view of the provisions of the Treaty relating to the entry and residence of third-country nationals.

(4) Council Joint Action 97/11/JHA(4) concerning a uniform format for residence permits confirms the need to harmonise the format of residence permits issued by Member States to third-country nationals. Consequently, it is appropriate that Joint Action 97/11/JHA should henceforth be replaced by a Community act.

(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 combating illegal immigration and illegal residence. The format should also be suited to use by all the Member States and bear universally recognisable harmonised security features, which are visible to the naked eye.

(6) In order to improve protection of residence permits against counterfeiting and falsification, Member States and the Commission will consider at regular intervals, in line with technological developments, what changes should be made to the security features built into permits, especially incorporation and use of new biometric features.

(7) This Regulation only lays down such specifications as are not secret. These specifications need to be supplemented by specifications which are to remain secret in order to prevent the risk of counterfeiting and falsifications and which may not include personal data or references to such data. Powers to adopt such additional technical specifications should be conferred on the Commission, which will 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(5). In this respect, it should be ensured that any lack of continuity with regard to the residence permits arising from the Council Decisions of 17 December 1997 and 8 June 2001 is avoided.

(8) To ensure that the information in question is not divulged more widely than is necessary, it is also essential that each Member State designate a single body for printing the uniform format for residence permits, while retaining the possibility of changing that body, if necessary. For security reasons, each Member State should communicate the name of the competent body to the Commission and to the other Member States.

(9) Member States should, in consultation with the Commission, implement the necessary measures to ensure that the processing of personal data complies with the level of protection referred to in 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(6).

(10) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).

(11) This Regulation does not affect the competence of Member States with regard to the recognition of States and territorial entities and passports, travel and identity documents issued by their authorities.

(12) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not participating in the adoption of this Regulation and is therefore not bound by it or subject to its application. Given that this Regulation aims to build upon the Schengen acquis under the provisions of the third part of Title IV of the Treaty establishing the European Community, Denmark will, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Regulation whether it will transpose it into its national law.

(13) As regards the Republic of Iceland and the Kingdom of Norway, this Regulation constitutes a development of the provisions of the Schengen acquis falling within the area referred to in Article 1, point B, of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application 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 (8).

(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, the United Kingdom gave notice, by letter of 3 July 2001, of its wish to take part in the adoption and application of this Regulation.

(15) In accordance with Article 1 of the said Protocol, Ireland is not participating in the adoption of this Regulation. Consequently and without prejudice to Article 4 of the aforementioned Protocol, the provisions of this Regulation do not apply to Ireland,

HAS ADOPTED THIS REGULATION:

(1)

OJ C 180 E, 26.6.2001, p. 304.

(2)

Opinion delivered on 12 December 2001 (not yet published in the Official Journal).

(3)

OJ C 19, 23.1.1999, p. 1.

(4)

OJ L 7, 10.1.1997, p. 1.

(5)

OJ L 164, 14.7.1995, p. 1. Regulation as last amended by Regulation (EC) No 334/2002 (OJ L 53, 23.2.2002, p. 7).

(6)

OJ L 281, 23.11.1995, p. 31.

(7)

OJ L 184, 17.7.1999, p. 23.

(8)

OJ L 176, 10.7.1999, p. 31.