Regulation (EU) 2023/2667 of the European Parliament and of the Council of 22 November 2023 amending Regulations (EC) No 767/2008, (EC) No 810/2009 and (EU) 2017/2226 of the European Parliament and of the Council, Council Regulations (EC) No 693/2003 and (EC) No 694/2003 and Convention implementing the Schengen Agreement, as regards the digitalisation of the visa procedure

Image omitted; see official source	Official Journal of the European Union	EN Series L
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	2023/2667	7.12.2023

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 77(2), point (a), and Article 79(2), point (a), 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 Committee ³,

Acting in accordance with the ordinary legislative procedure ⁴,

Whereas:

• (1) The Union’s common visa policy has been an integral part of the establishment of an area without internal borders. The communication of the Commission of 14 March 2018 entitled ‘Adapting the common visa policy to new challenges’ addressed the concept of ‘e-visas’, and announced a feasibility study on digital visa procedures and the intention to assess options and promote pilot projects to prepare the ground for future proposals. When revising the Visa Code ⁵ in 2019, the European Parliament and the Council explicitly stated the aim of developing a common solution in the future to allow Schengen visa applications to be lodged online, thereby making full use of recent legal and technological developments.

• (2) This Regulation is in line with the Union’s policy to encourage the modernisation and digitalisation of public services and the communication of the Commission of 9 March 2021 entitled ‘2030 Digital compass: the European way for the digital decade’. Since the entry into force of Regulation (EC) No 810/2009 of the European Parliament and of the Council ⁶ in 2010 and the start of operations of the Visa Information System (VIS) in 2011 under Regulation (EC) No 767/2008 of the European Parliament and of the Council ⁷, the context in which visa policy operates has considerably changed. In addition, significant technological developments provide new opportunities to make the application process for Schengen visas smoother and more effective for third-country nationals, as well as more cost effective for Member States.

• (3) The COVID-19 pandemic, which slowed down Schengen visa operations worldwide, partly due to the difficulty of receiving visa applicants in consulates and in Visa Application Centres, prompted Member States to call upon the Commission to speed up work on the digitalisation of visa procedures.

• (4) The New Pact on Migration and Asylum, proposed by the Commission on 23 September 2020, set the objective of fully digitalising the visa procedure by 2025, with a digital visa and the ability to submit visa applications online.

• (5) While visa processing is already partially digitalised, with applications and decisions recorded in the VIS, two important steps remain paper-based: the visa application process and the issuance of the visa to the applicant by means of a visa sticker. The paper-based steps create a burden for all stakeholders, in particular for Member State authorities that issue visas and for visa applicants. Member States are aware of that burden and some of them have already implemented digital solutions in order to provide applicants with a modern and user-friendly application procedure and to improve the efficiency of handling visa applications.

• (6) A single technical solution, namely the EU Visa Application Platform (EU VAP), should be developed to allow visa applicants to apply for a visa online, regardless of the Member State of destination. It should automatically determine which Member State is competent to examine an application, in particular in cases where the applicant intends to visit several Member States. In such cases, Member States would only need to check whether the tool determined the correct competent Member State.

• (7) A digital platform, common to all Member States, would significantly contribute to improving the image of the Union.

• (8) The EU VAP should provide the applicant with up-to-date and easily accessible information and the conditions for entry on the territory of the Member States, in formats that take into account visual impairments. It should also provide a guidance tool with which the applicant can find all the necessary information regarding visa requirements and procedures, such as, but not limited to whether and what type of visa is required; the amount of the visa fee; the Member State competent for handling the application; which supporting documents are required; whether an appointment is necessary to collect biometric identifiers and whether it is possible to apply online without an appointment. The EU VAP should provide the applicant with documents in a printable format and should include a communication mechanism, such as a chatbot, to answer questions of the applicants. That chatbot will not constitute the only means by which the applicant could get information on the visa procedure. The EU VAP should also provide information on the processing of personal data in the context of the VIS. The EU VAP should also allow secure electronic communication between the applicant and the competent consulate or the central authorities of the competent Member State, if additional documents or an interview with the applicant is necessary.

• (9) Member States should ensure that the service offered to the public in the course of the visa application process is of a high standard and follows good administrative practice. Member States should ensure that a ‘one-stop shop’ principle is applied to all applicants.

• (10) Visa applicants should be able to submit their application and provide the data required in the application form, an electronic copy of the travel document, supporting documents and travel medical insurance in digital format through the EU VAP. In order to enable applicants to save information relating to their application, the EU VAP should be able to store data temporarily and strictly for as long as this is necessary for the completion of relevant tasks. Once the applicant submits the online application and the Member States perform the appropriate checks, the application file should be transferred to the national system of the competent Member State and stored there. Consulates or the central authorities are to consult the information stored at a national level and enter only the required data in the central VIS.

• (11) Appearing in person at the consulate or external service provider should, in principle, be mandatory only for first time applicants and applicants who have acquired a new travel document which needs to be verified, and for the collection of biometric identifiers. However, in cases of doubt concerning the travel document, supporting documents, or both, or in individual cases in a particular location where there is a high incidence of fraudulent documents, Member States should retain the possibility to ask the applicant to appear in person.

• (12) Repeat applicants should be able to apply fully online within a period of 59 months after their initial application, provided that they apply with the same travel document. Once that period has elapsed, biometric identifiers should be collected again, in accordance with Regulation (EC) No 810/2009, which provides that biometric data are, in principle, to be collected every 59 months, starting from the date of the first collection.

• (13) Specific provisions apply to third-country nationals subject to a visa requirement who are family members of citizens of the Union to whom Directive 2004/38/EC of the European Parliament and of the Council ⁸ applies or of third-country nationals enjoying the right to free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other, and who do not hold a residence card pursuant to Directive 2004/38/EC, or of UK nationals who are beneficiaries of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community ⁹ (EU-UK Withdrawal Agreement) in relation to their host State, as defined in the EU-UK Withdrawal Agreement, and who do not hold a EU-UK Withdrawal Agreement residence document.

• (14) Article 21(1) of the Treaty on the Functioning of the European Union (TFEU) stipulates that every citizen of the Union has the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect. Directive 2004/38/EC lays down limitations and conditions relating to those rights. As confirmed by the Court of Justice of the European Union, family members of citizens of the Union to whom Directive 2004/38/EC applies have not only the right to enter the territory of the Member State, but also to obtain an entry visa for that purpose. Member States are required to grant such persons every facility to obtain the necessary visas, which are to be issued free of charge as soon as possible, on the basis of an accelerated procedure and with due regard to the procedural safeguards that apply to them. Against this background, such family members should, in particular, be entitled to lodge their visa application, their application for a confirmation of a valid visa in a new travel document or their application for an extension of their visa without using the EU VAP, as this could facilitate their visa application. In such a case, they should be entitled to choose to lodge their applications in person at the consulate or at the external service providers. In addition, the EU VAP should fully take into account the rights and facilitations granted to the beneficiaries of the free movement acquis. The same applies with regard to family members of UK nationals who are beneficiaries of the EU-UK Withdrawal Agreement in relation to their host State, as defined in the EU-UK Withdrawal Agreement, by virtue of Article 14(3) of that Agreement.

• (15) Special provisions should apply for humanitarian reasons, in justified individual cases, in cases of force majeure, or to Heads of State or government and members of a national government with accompanying spouses, and the members of their official delegation when they are invited by Member States’ governments or by international organisations for an official purpose, sovereigns and other senior members of a royal family, when they are invited by Member States’ governments or by international organisations for an official purpose, and for visas applied for at the external border or that might be extended in the territory of the Member States.

• (16) The special provisions which apply for humanitarian reasons could also cover all types of digital accessibility issues, limited access to internet or no internet penetration, or limited digital literacy. Particular attention should be paid to persons with a disability.

• (17) A third person duly authorised by the visa applicant or empowered by law to represent them, where appropriate, should be able to lodge an application on behalf of the visa applicant, provided that the identity of that third person is included in the application form.

• (18) Each applicant should submit a completed application form using the EU VAP. The online application form, including a declaration of the authenticity, completeness, correctness and reliability of the data submitted and a declaration of the veracity and reliability of the statements made, should be signed electronically by ticking the appropriate box in the application form. Each applicant should also state that they have understood the conditions for entry referred to in Regulation (EU) 2016/399 of the European Parliament and of the Council ¹⁰ and that they could be requested to provide the relevant supporting documents at each entry. Applicants should confirm that they agree to receive communications via the EU VAP. For that purpose they should access the EU VAP on a regular basis. Application forms for minors should be submitted and electronically signed by a person exercising permanent or temporary parental authority or legal guardianship.

• (19) When applying for a visa, applicants should provide proof of supporting documents. For the purposes of this Regulation, this encompasses both the digital and physical submission of documents. Taking into consideration the established case-law of the Court of Justice of the European Union on the grounds of refusal of a visa, a flagged IP address alone or the potential duplication of IP addresses is not to be of relevance for the purpose of the examination of the application.

• (20) The payment of the visa fee should be made by using a gateway linked to the EU VAP and the payments would be directly transferred, in their entirety, to the appropriate Member State. The data required for securing the electronic payment should not form part of data stored in the VIS. Where an electronic payment is not possible, the visa fee should be collected by the consulates or the external service provider entrusted with that task.

• (21) The EU VAP should also contain an appointment tool for Member States to use to manage appointments at their consulates or the external service providers. While the use of such tool should remain optional, as it might not be appropriate across all locations and for all consulates, Member States should nevertheless use local Schengen cooperation to discuss whether a harmonised approach regarding the use of the appointment tool could be followed in specific third countries or specific locations.

• (22) Local Schengen cooperation should also determine in specific cases the use of widely spoken unofficial languages for the translation of the application form. Local Schengen cooperation should also discuss arrangements for the transfer of electronic data for external service providers or representing Member States where under national laws third countries prohibit such transfers outside of their territory.

• (23) The EU VAP should conduct an automated admissibility pre-check to verify whether the information provided by the applicant fulfils the admissibility requirements for the requested visa. It should notify the applicant if any information is missing and provide the applicant with the possibility to correct the application.

• (24) The EU VAP should conduct an automated competence pre-check to pre-determine the competent Member State on the basis of the information provided by the applicant. However, the applicant should be able to indicate that the application be processed by another Member State on the basis of the main purpose of stay. The consulate or the central authorities of that other Member State concerned should then verify whether they are competent to examine the application.

• (25) Where the consulate or the central authorities of the Member State find that they are competent to examine the application, they should accept it and the data should be imported into the national system from the temporary storage as established by the VIS Regulation and, with the exception of contact data, deleted from that temporary storage.

• (26) The architecture of the EU VAP should ensure data protection by design and by default, the respect of the principle of data minimisation and that, when operational, the EU VAP is implemented in a way that respects access rights under the relevant existing national and Union law.

• (27) In order for the personal data inserted in the EU VAP to be of the necessary minimum quality, a specific procedure to verify the quality of that data is necessary. Having a uniform approach to check quality is important not only to ensure an equal level of data quality across the Member States, but also to ensure that applicants receive the same treatment whichever competent authority they address.

• (28) It is necessary to clarify the role and the responsibilities of the different actors involved in the processing of the data collected from applicants and visa holders. Member States will be the final users of the data to be collected by the EU VAP and will make the final decision on the basis of the data provided by applicants and visa holders. Member States should therefore be joint controllers for the processing of the personal data in the temporary storage in accordance with Article 26 of Regulation (EU) 2016/679 of the European Parliament and of the Council ¹¹. Each Member State should designate a competent authority which should be a controller. Member States should communicate those authorities to the Commission, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), established by Regulation (EU) 2018/1726 of the European Parliament and of the Council ¹², and other Member States. eu-LISA should operate and provide technical solutions for the EU VAP and should process data submitted by visa applicants on behalf of the Member States issuing Schengen visas. eu-LISA should therefore be a processor as defined in Article 3, point (12), of Regulation (EU) 2018/1725 of the European Parliament and of the Council ¹³.

• (29) When there is new information regarding the application or visa, the applicant should be informed by electronic message. The decision taken by the competent Member State, in accordance with Regulations (EC) No 810/2009 and (EC) No 767/2008, indicating whether the visa is issued, refused, confirmed to a new travel document, extended, annulled or revoked, should be made available to the applicant in a secure account service on the EU VAP. Access to the secure account on the EU VAP should be protected by technical means, for example by means of a multi-factor authentication.

• (30) A well-established principle in case-law is that no right is to be prejudiced in consequence of the expiry of a time limit if the party concerned proves the existence of unforeseeable circumstances or force majeure. Therefore, applicants’ rights are not to be prejudiced where it is not possible to use the secure account for technical reasons, provided that the applicant concerned proves the existence of unforeseeable circumstances or of force majeure.

• (31) In order to reduce security risks related to the misuse of visa stickers, counterfeited and stolen visa stickers, a visa should be issued in digital format and no longer as a visa sticker affixed to the travel document.

• (32) In order to ensure maximum security and to prevent counterfeiting or forgery, the notification of digital visa should be in the form of a 2D barcode which is cryptographically signed by the Country Signing Certificate Authority (CSCA) of the issuing Member State. Thus, in the event that VIS were unavailable, checks could be carried out on the basis of that 2D barcode.

• (33) Where the travel document of the visa holder is lost, stolen, has expired or has been invalidated and the visa is still valid, the visa holder should be able to apply via the EU VAP for confirmation of the valid visa in a new travel document, provided that the new travel document is of the same type and is issued by the same country as the lost, stolen, expired or invalidated travel document. The visa holder should appear in person before the consulate or the external service provider to present the new travel document in order to verify the authenticity of that travel document.

• (34) Data stored in the EU VAP should be safeguarded using privacy-enhancing implementation measures.

• (35) External service providers should have access to the EU VAP only to retrieve and review applications; verify data temporarily stored, for example a scan of a travel document; check and upload relevant personal data from the chip of the travel document; collect and upload biometric identifiers; perform quality checks on the uploaded supporting documents; confirm that an application has been reviewed and thus make it available to the consulate for further processing. External service providers should not have access to data stored in the VIS.

• (36) It is necessary to determine the date from which operations start, including of the digital visa and the EU VAP. A transitional period should be provided for, during which it should be possible for a Member State to decide not to avail itself of the EU VAP. That transitional period should be for 7 years from the date of the start of operations. Nevertheless, it should be possible for a Member State to notify the Commission and eu-LISA that it wishes to join the EU VAP before the end of the transitional period. During the transitional period, if a Member State decides not to avail itself of the EU VAP, visa holders should still be able to verify the digital visas using the web service of the EU VAP.

• (37) eu-LISA should ensure sufficient capacities and functionalities of the EU VAP in order to enable Member States to join the EU VAP during the transitional period. The development of the EU VAP by eu-LISA should take into account the future use of the EU VAP by Member States which do not yet apply the Schengen acquis in full. The EU VAP should be set up so as to enable those Member States to seamlessly connect with it and smoothly use the EU VAP as soon as a Council decision in accordance with Article 3(2) of the 2003 Act of Accession or Article 4(2) of the 2005 Act of Accession has been adopted. To this end, eu-LISA should have regard, in particular, to the storage capacity of the EU VAP and the interconnection of the EU VAP with the national visa information systems. The competent authorities of the Member States concerned should be fully involved with the development of the EU VAP from the outset in the same way as the competent authorities of the other Member States.

• (38) A Member State which does not apply the Schengen acquis in full should be able to request eu-LISA to introduce links to the relevant national application procedure of the Member State concerned through the inclusion of a Uniform Resource Locator (URL) in the EU VAP.

• (39) The EU VAP should contain a functionality for applicants and other entities, such as employers or universities or local authorities, to verify the digital visas.

• (40) In order to enable the application of Decision No 565/2014/EU of the European Parliament and of the Council ¹⁴, Bulgaria, Cyprus and Romania should have read-only access of digital visas stored in the VIS.

• (41) eu-LISA should be responsible for the technical development and operational management of the EU VAP and its components, as part of the VIS.

• (42) The system architecture of the EU VAP should reuse, to the fullest extent possible, the existing and upcoming systems that form part of the new framework for interoperability, and in particular the European Travel Information and Authorisation System (ETIAS) and the Entry-Exit System (EES), while respecting the current limitations of technology and the investments already made by Member States in their own national systems.

• (43) The development by eu-LISA of the EU VAP and of its interconnection with the national visa information systems and the operation, including maintenance, by eu-LISA, of the EU VAP should be financed under the general budget of the Union. Regarding necessary adaptations by the Member States to the existing national visa information systems, Member States should be able to use the Instrument for Financial Support for Border Management and Visa Policy to finance this category of costs.

• (44) The checking of digital visas at the border should rely on the existing and upcoming EU system architecture for border management and should consist of the visa holder’s information stored in the VIS. That information should be verified by means of biometric data by Member States authorities.

• (45) The format for short-stay visas, as set by Council Regulation (EC) No 1683/95 ¹⁵, is also used for long-stay visas. Therefore, the Convention implementing the Schengen Agreement ¹⁶ should be amended to enable long-stay visas also to be issued in digital format.

• (46) Facilitated Transit Documents (FTD) and Facilitated Rail Transit Documents (FRTD) are documents equivalent to transit visas, authorising the holder to enter in order to pass through the territories of Member States in accordance with the provisions of the Schengen acquis concerning the crossing of external borders. FTD and FRTD are issued in uniform formats and the application procedure is paper-based. In order to reflect digitalisation developments, Council Regulations (EC) No 693/2003 ¹⁷ and (EC) No 694/2003 ¹⁸ should be amended to enable digital applications and FTD and FRTD to be issued in digital format.

• (47) In order to amend certain aspects of Regulation (EC) No 767/2008, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission to specify the content of simplified application forms for the confirmation of valid visas in a new travel document and for the extension of visas. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making ¹⁹. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

• (48) In order to ensure uniform conditions for the implementation of Regulation (EC) No 810/2009, implementing powers should be conferred on the Commission to adopt the minimum standards for verification of travel documents and for processing chip data, and to adopt rules for filling in the data fields of digital visas. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council ²⁰.

• (49) In order to ensure uniform conditions for the implementation of Regulation (EC) No 767/2008, implementing powers should be conferred on the Commission to lay down measures necessary for the technical implementation of the functionalities of the EU VAP, to adopt model contingency plans in case it is technically impossible to access data at the external borders, and to specify the responsibilities and relationships between Member States as joint controllers for the processing of personal data in EU VAP, the relationship between the joint controllers and the processor, and the responsibilities of the processor in accordance with Article 28 of Regulation (EU) 2016/679 and Article 29 of Regulation (EU) 2018/1725. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

• (50) Since the objectives of this Regulation, namely the establishment of the EU VAP and the introduction of a digital visa, build on other initiatives aiming, on the one hand, at streamlining and harmonising the procedures in the context of the common visa policy and, on the other hand, at aligning travel, entry requirements and border checks within the Schengen Area with the new digital era, the amendments of the related legislation cannot be achieved by the Member States acting alone but can rather only be achieved at Union level and as a part of the Schengen acquis, the Union may therefore adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

• (51) This Regulation is without prejudice to the application of Directive 2004/38/EC and of Part Two of the EU-UK Withdrawal Agreement.

• (52) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. The introduction of the EU VAP and of a digital visa will fully respect the right to protection of personal data, the respect for private and family life, the rights of the child, and the protection of vulnerable persons. All safeguards on fundamental rights included in Regulation (EC) No 767/2008 will remain fully applicable in the context of the EU VAP and of the digital visa, in particular regarding the rights of the child. The EU VAP will have to take into account the requirements laid down in the Directive (EU) 2016/2102 of the European Parliament and of the Council ²¹ to ensure an easy access for people with disabilities. Particular attention should be given to people with limited digital literacy and internet access issues.

• (53) In accordance with Articles 1 and 2 of the Protocol No 22 on the Position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.

• (54) This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part in accordance with Council Decision 2002/192/EC ²²; Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

• (55) As regards Iceland and Norway, this Regulation constitutes a development of the 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 latters’ association with the implementation, application and development of the Schengen acquis ²³ which fall within the area referred to in Article 1, point B, of Council Decision 1999/437/EC ²⁴.

• (56) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis ²⁵ which fall within the area referred to in Article 1, point B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC ²⁶.

• (57) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis ²⁷ which fall within the area referred to in Article 1, point B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU ²⁸.

• (58) As regards Cyprus, Bulgaria and Romania, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession and Article 4(2) of the 2005 Act of Accession.

• (59) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 21 June 2022 ²⁹,

HAVE ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 810/2009

Regulation (EC) No 810/2009 is amended as follows:

• (1) in Article 1(2), the following point is added:

• ‘(c) the residence rights enjoyed in the host State, as defined in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community[^ntr*1-L_202302667EN.000101-E0028] (“EU-UK Withdrawal Agreement”), by third-country nationals who are family members of UK nationals who are beneficiaries of that Agreement.

[^ntr*1-L_202302667EN.000101-E0028]: Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ L 29, 31.1.2020, p. 7).’;"

• (2) Article 2 is amended as follows:

• (a) point 6 is replaced by the following:

• ‘6. “digital visa” means a visa issued in digital format in accordance with Council Regulation (EC) No 1683/95[^ntr*2-L_202302667EN.000101-E0029];

[^ntr*2-L_202302667EN.000101-E0029]: Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995, p. 1).’;"

• (b) the following point is inserted:

• ‘10a. “application form” means the harmonised application form set out in Annex I, available either online via the EU Visa Application Platform (EU VAP) established in accordance with the VIS Regulation or on paper;’;

• (c) point (13) is replaced by the following:

• ‘13. “electronically signed” means the confirmation of agreement online on the EU VAP through the ticking of an appropriate box on the application form;’;

• (d) the following point is added:

• ‘14. “electronic message” means a communication sent by electronic means notifying the recipient that new information is available in their secure account.’;

• (3) Article 3(5) is amended as follows:

• (a) point (b) is replaced by the following:

• ‘(b) third-country nationals holding a valid residence permit issued by a Member State which does not take part in the adoption of this Regulation or by a Member State which does not yet apply the provisions of the Schengen acquis in full, or third-country nationals holding one of the valid residence permits listed in Annex V issued by Andorra, Canada, Japan, San Marino, the United Kingdom or the United States of America guaranteeing the holder’s unconditional readmission, or holding a valid residence permit for one or more of the overseas countries and territories of the Kingdom of the Netherlands (Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba);’;

• (b) point (d) is replaced by the following:

• ‘(d) family members of citizens of the Union referred to in Article 1(2), point (a), family members of third-country nationals referred to in Article 1(2) point (b) and family members of UK nationals who are beneficiaries of the EU-UK Withdrawal Agreement referred to in Article 1(2), point (c);’;

• (4) in Article 8, the following paragraph is inserted:

‘4a.   Bilateral representation arrangements shall be displayed in the EU VAP.’

;

• (5) Article 9 is amended as follows:

• (a) the following paragraphs are inserted:

‘1a.   Without prejudice to Articles 33 and 35, applications shall be lodged via the EU VAP.

1b.   By derogation from paragraph 1a, Member States may allow the following categories of persons to lodge an application without using the EU VAP:

• (a) third-country nationals for humanitarian reasons;

• (b) third-country nationals in justified individual cases or in cases of force majeure;

• (c) heads of State or government and members of a national government with accompanying spouses, and the members of their official delegation when they are invited by Member States’ governments or by international organisations for an official purpose, sovereigns and other senior members of a royal family, when they are invited by Member States’ governments or by international organisations for an official purpose.’

;

• (b) in paragraph 4 the following point is added:

• ‘(d) by another person, if applicable, duly authorised by the applicant, where the application is lodged via the EU VAP.’;

• (6) Article 10 is amended as follows:

• (a) paragraph 1 is replaced by the following:

‘1.   When lodging an application, applicants shall, where required in accordance with Article 13, appear in person to provide their biometric identifiers.

Applicants shall also appear in person for the verification of their travel document in accordance with Article 12.’

;

• (b) the following paragraphs are inserted:

‘1a.   Without prejudice to paragraphs 1 and 1b, in cases of doubt concerning the travel document, supporting documents, or both, or in individual cases in a particular location where there is a high incidence of fraudulent documents, Member States may require, on the basis of a preliminary assessment of the application, that the applicant appear in person to present that travel document or to provide supporting documents, or both.

1b.   Consulates shall, within local Schengen cooperation, assess the implementation of the conditions laid down in paragraph 1a, to take account of local circumstances.’

;

• (c) paragraph 3 is replaced by the following:

‘3.   When lodging the application, the applicant shall:

• (a) submit an application form as provided for in Article 11;

• (b) provide proof of holding the travel document in accordance with Article 12;

• (c) allow his or her facial image to be taken live in accordance with Article 13 or, where the exemptions referred to in Article 13(7a) apply, present a photograph in accordance with the standards set out in Regulation (EC) No 1683/95;

• (d) allow the collection of his or her fingerprints in accordance with Article 13, where applicable;

• (e) pay the visa fee in accordance with Article 16;

• (f) provide proof of the supporting documents in accordance with Article 14;

• (g) where applicable, provide proof of possession of adequate and valid travel medical insurance in accordance with Article 15.’

;

• (7) Article 11 is amended as follows:

• (a) paragraph 1 is replaced by the following:

‘1.   The application form shall be submitted and electronically signed. In the cases referred to in Article 9(1b), the applicants may submit a manually or electronically completed application form, which shall be signed manually.

Persons included in the applicant’s travel document shall submit a separate application form. Minors shall submit an application form signed by a person exercising the permanent or temporary parental authority or legal guardianship of that minor.’

;

• (b) paragraphs 1a and 1b are deleted;

• (c) the following paragraph is inserted:

‘1c.   Each applicant shall submit a completed application form including a declaration of the authenticity, completeness, correctness and reliability of the data submitted and a declaration of the veracity and reliability of the statements made. Each applicant shall also state that he or she has understood the entry conditions referred to in Article 6 of the Schengen Borders Code and that he or she may be requested to provide the relevant supporting documents at each entry.’

;

• (d) paragraphs 4 and 5 are replaced by the following:

‘4.   If the application form is not available in the official language(s) of the host country, a translation of it into that/those language(s) and, where applicable, into any widely spoken unofficial language of the host country, shall be made available separately to applicants.

1. In accordance with Article 48(1a), point (c) and where a common translation into the relevant languages does not yet exist, the local Schengen cooperation shall ensure a common translation of the application form into the official language(s) of the host country and, where the local Schengen cooperation considers it necessary, into any widely spoken unofficial language of the host country.’

;

• (8) Article 12 is replaced by the following:

‘Article 12

Travel document

1. The applicant shall provide proof of holding a valid travel document satisfying the following criteria:

• (a) its validity shall extend at least three months after the intended date of departure from the territory of the Member States or, in the case of several visits, after the last intended date of departure from the territory of the Member States. However, in a justified case of emergency, this obligation may be waived;

• (b) it shall have been issued within the previous 10 years.

1. Without prejudice to Article 10(1a) the applicant shall only be required to present the travel document in person in case of a first application with that travel document, or if the applicant is required to provide biometric identifiers.

1. Where required under paragraph 2, the authenticity, integrity and validity of the travel documents shall be checked and verified using the appropriate technology.

1. The consulate, the central authorities or the external service provider shall verify that the travel document, which is presented in person in accordance with paragraph 2, corresponds to the electronic copy of the biographic data page of the travel document uploaded by the applicant.

If the verification is performed by the external service provider, the external service provider shall use the external service provider gateway referred to in Article 7f of the VIS Regulation.

1. Where the external service provider has doubts about the identity of the applicant or about the authenticity, integrity or validity of the presented travel document, it shall communicate those doubts to the consulate or the central authorities and send the travel document to the consulate for further verification.

1. Where the presented travel document contains a storage medium (chip), the consulate, or the central authorities or the external service provider shall read the chip and check the authenticity and integrity of the chip data.

The following data shall be uploaded to the EU VAP:

• (a) the relevant personal data limited to the data included in the machine-readable zone and the photograph;

• (b) the electronic certificates;

• (c) the protocols of the check.

1. The Commission shall, by means of an implementing act, adopt minimum standards with regard to technology, methods and procedures to be used when travel documents are checked and verified by the consulate, the central authorities or the external service provider in order to make sure that the travel document provided or presented is not false, counterfeit or forged, and with regard to technology, methods and procedures to be used when processing chip data pursuant to paragraph 6 of this Article. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 52(2).

1. Where there are doubts as to the quality of the electronic copy of the travel document, in particular as to whether it corresponds to the original, the competent consulate or the external service provider shall make a new electronic copy of the travel document and upload it to the EU VAP.’

;

• (9) Article 13 is amended as follows:

• (a) paragraph 6 is replaced by the following:

‘6.   The biometric identifiers shall be collected by qualified and duly authorised staff of the authorities competent in accordance with Article 4(1), (2) and (3). Under the supervision of the consulates or the central authorities, the biometric identifiers may also be collected by qualified and duly authorised staff of an external service provider as referred to in Article 43. Where there is any doubt, fingerprints which have been taken by the external service provider may be verified at the consulate.’

;

• (b) the following paragraph is added:

‘7c.   Where the biometric identifiers are collected by an external service provider in accordance with Article 43, the external service provider gateway referred to in Article 7f of the VIS Regulation shall be used for the purpose of uploading the biometric identifiers as provided for in Article 7f(1), point (b), of that Regulation.’

;

• (10) in Article 14, paragraphs 1 and 2 are replaced by the following:

‘1.   When applying for a uniform visa, the applicant shall provide the following:

• (a) proof of documents indicating the purpose of the journey;

• (b) proof of documents in relation to accommodation, or of sufficient means to cover the applicant’s accommodation;

• (c) proof of documents indicating that the applicant possesses sufficient means of subsistence or is in a position to acquire such means lawfully, in accordance with Article 6 of the Schengen Borders Code, for both the duration of the intended stay and the return to the applicant’s country of origin or residence or for the transit to a third country into which the applicant is certain to be admitted;

• (d) information enabling an assessment of the applicant’s intention to leave the territory of the Member States before the expiry of the visa for which that applicant has applied.

1. When applying for an airport transit visa, the applicant shall provide:

• (a) proof of documents in relation to the onward journey to the final destination after the intended airport transit;

• (b) information enabling an assessment of the applicant’s intention not to enter the territory of the Member States.’

;

• (11) in Article 15(2), the second subparagraph is replaced by the following:

‘In addition, such applicants shall declare, in the application form, that they are aware of the need to be in possession of travel medical insurance for subsequent stays.’;

• (12) Article 16 is amended as follows:

• (a) paragraph 7 is replaced by the following:

‘7.   The visa fee shall be charged in euro or in the national currency of the third country or the currency usually used in the third country where the application is lodged and shall not be refundable except in the cases referred to in Article 18(4) and Article 19(3).

The payment tool referred to in Article 7e of the VIS Regulation shall be used for the payment of the visa fee except where an electronic payment is not possible, in which case the visa fee may be collected by the consulate or the external service provider entrusted with this task.

Where the visa fee is charged in a currency other than the euro, the amount shall be determined and regularly reviewed in application of the euro foreign exchange reference rate set by the European Central Bank. The amount charged may be rounded up and it shall be ensured under local Schengen cooperation that similar fees are charged irrespective of which Member State is competent for examining the visa application.’

;

• (b) paragraph 9 is replaced by the following:

‘9.   The Commission shall assess the need to revise the amount of the visa fees set out in paragraphs 1, 2 and 2a of this Article and in Articles 32a and 33 every three years, taking into account objective criteria, such as the general Union-wide inflation rate as published by Eurostat and the weighted average of the salaries of Member States’ civil servants. On the basis of those assessments, the Commission shall adopt, where appropriate, delegated acts in accordance with Article 51a concerning the amendment of this Regulation as regards the amount of the visa fees.’

;

• (13) Article 18 is amended as follows:

• (a) paragraph 2 is deleted;

• (b) the following paragraphs are added:

‘3.   Following the notification via the EU VAP of the combined result of the automated competence and admissibility pre-checks pursuant to Article 7d(8) of the VIS Regulation, the consulate or the central authorities of the Member State notified by the EU VAP shall verify whether they are competent to examine the application and decide on it.

1. If, after the verification referred to in paragraph 3, the consulate or the central authorities of the Member State notified by the EU VAP find that they are not competent to examine and decide on the application, they shall, without delay, inform the applicant of that fact through the applicant’s secure account on the EU VAP and indicate which Member State or consulate is competent. An automatic electronic message shall be sent to the applicant by the EU VAP.

If, within 15 days of that electronic message having been sent, the applicant does not re-submit the application to the competent Member State or consulate, the application data, including biometric data, if applicable, shall be automatically deleted from temporary storage pursuant to Article 7d of the VIS Regulation, and the visa fee shall be refunded.

1. For applications not submitted via the EU VAP, the consulate or the central authorities shall verify whether they are competent to examine and decide on the application, in accordance with Articles 5 and 6. If that consulate or those central authorities are not competent, they shall, without delay, return the application form and any documents submitted by the applicant, refund the visa fee, delete the biometric data and indicate which Member State or consulate is competent.’

;

• (14) in Article 19, the following paragraph is inserted:

‘1a.   Upon the notification of a positive result of the automated admissibility pre-check pursuant to Article 7d(8) of the VIS Regulation, the consulate or the central authorities of the Member State notified by the EU VAP shall perform the verification referred to in paragraph 1 of this Article without delay.’

;

• (15) Article 20 is deleted;

• (16) Article 21 is amended as follows:

• (a) in paragraph 3, point (a) is replaced by the following:

• ‘(a) that the travel document provided is not false, counterfeit or forged;’;

• (b) in paragraph 6, point (a) is replaced by the following:

• ‘(a) that the travel document provided is not false, counterfeit or forged;’;

• (17) Article 24 is amended as follows:

• (a) in paragraph 1, third subparagraph, the reference to ‘point (a) of Article 12’ is replaced by reference to ‘Article 12(1), point (a)’;

• (b) in paragraph 2, first subparagraph, the introductory words are replaced by the following:

‘Provided that the applicant fulfils the entry conditions set out in Article 6(1), points (a), (c), (d) and (e), of the Schengen Borders Code, multiple-entry visas with a long validity shall be issued for the following validity periods:’;

• (c) the following paragraph is inserted:

‘2aa.   The validity of the multiple-entry visas shall not be restricted by the validity of the travel document.’

;

• (d) the following paragraphs are added:

‘4.   As soon as the decision on the issuance of a visa has been taken by the competent authority and made available in the secure account in accordance with Article 7g(2) of the VIS Regulation, the EU VAP shall send an electronic message to the applicant in accordance with Article 7g(1) of that Regulation.

The decision shall be made available to the applicant in the secure account.

The notification of the decision on the issuance of a visa may be made through other notification means requested by the applicant and allowed by the Member State.

1. For applications not submitted via the EU VAP, the issuance of a visa shall be notified to applicants by the authorities of the issuing Member State.’

;

• (18) in Article 25, the following paragraph is added:

‘6.   Issuing a visa in digital format shall not affect the competence of Member States in relation to the recognition of travel documents, including those travel documents that are not recognised by one or more, but not all Member States.’

;

• (19) the following Article is inserted:

‘Article 26a

Digital visas

Visas shall be issued in digital format in accordance with Regulation (EC) No 1683/95. Digital visas shall be a record in the VIS and shall have a unique visa number.’

;

• (20) Article 27 is replaced by the following:

‘Article 27

Filling in the data fields of the digital visa

1. The Commission shall, by means of implementing acts, adopt the rules for filling in the data fields of the digital visa laid down in the Annex to Regulation (EC) No 1683/95. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 52(2) of this Regulation.

1. Member States may add national entries in the ‘comments’ section of the visa, in accordance with Article 10(1), point (n), of the VIS Regulation. Those entries shall not duplicate the mandatory entries established in accordance with the procedure referred to in paragraph 1 of this Article.’

;

• (21) Article 28 is replaced by the following:

‘Article 28

Invalidation of a completed visa sticker

If an error is detected on a visa sticker for a visa not issued in digital format, the visa sticker shall be invalidated by drawing a cross with indelible ink on the visa sticker and a digital visa with the correct data shall be issued.’

;

• (22) in Article 32, paragraph 2 is replaced by the following:

‘2.   A decision on refusal and the reasons on which it is based, as set out in Annex VI, shall be made available to the applicant in the secure account. That decision shall be in the official language(s) of the Member State that has taken the final decision on the application and in another official language of the Union. Member States may add additional documents that substantiate that decision.

As soon as the decision on refusal has been taken by the competent authority and made available in the secure account in accordance with Article 7g(2) of the VIS Regulation, the EU VAP shall send an electronic message to the applicant in accordance with Article 7g(1) of that Regulation. Where an applicant is represented by another person, that electronic message shall be sent to both of them.

The time limit for lodging an appeal under national law against a decision on refusal shall begin from the moment the applicant accesses the decision in the secure account. The time limit shall be counted according to the time zone of the applicant’s residence as indicated in the application form.

The decision shall be deemed to have been accessed by the applicant on the eighth day following the date on which the electronic message informing the applicant of the availability of the decision in the applicant’s secure account was sent. From that day the decision shall be presumed to have been notified to the applicant.

The EU VAP shall indicate the date of actual or presumed notification of the decision to the applicant. In the case of a presumed notification an automatic electronic message shall be sent to the applicant by the EU VAP.

If the secure account cannot be used for technical reasons, applicants may contact the competent consulate or the central authorities or the external service provider.

The notification of decisions referred to in this paragraph may be made through other means requested by the applicant and allowed by the Member State.

For applications not submitted via the EU VAP in cases referred to in Article 9(1b) and Article 35, a decision on refusal and the reasons on which it is based shall be notified to the applicant by means of the standard form set out in Annex VI in the official language(s) of the Member State that has taken the final decision on the application and in another official language of the Union.’

;

• (23) the following Article is inserted:

‘Article 32a

Confirmation of a valid visa in a new travel document

1. Visa holders whose travel document has been lost, stolen, has expired or has been invalidated and whose visa is still valid shall apply for the confirmation of the visa in a new travel document, if they wish to continue using the visa. The new travel document shall be of the same type and issued by the same country as the lost, stolen, expired or invalidated travel document. The visa shall be confirmed by the authority which issued the visa or by another authority of the same Member State as communicated by the Member State which issued the visa.

1. Visa holders as referred to in paragraph 1 shall apply for confirmation of the visa in a new travel document via the EU VAP, by using a simplified application form. They shall provide the following data:

• (a) surname, surname at birth, first name, date and place of birth, sex, nationality;

• (b) number of the visa;

• (c) data of the lost, stolen, expired or invalidated travel document;

• (d) data of the new travel document;

• (e) electronic copy of the biographic data page of the new travel document;

• (f) proof of loss or theft of the travel document;

• (g) where applicable, identity changes since the issuance of that visa.

1. The visa holder shall pay the visa confirmation fee of EUR 20.

1. The visa holder shall be required to appear in person as communicated by the Member State.

1. The new travel document shall fulfil the conditions laid down in Article 12 and shall be verified in accordance with that Article.

1. Without prejudice to the respective consultation rights, the competent consulate or central authorities of the competent Member State may consult the databases referred to in Article 9a(3) of the VIS Regulation when a confirmation of visa is requested.

1. Where the competent consulate or the central authorities of the competent Member State determine that a valid visa can be confirmed in a new travel document, they shall enter the data in the application file in the VIS in accordance with Article 12a of the VIS Regulation.

1. As soon as a decision on the confirmation of a visa in a new travel document has been taken by the competent authority and made available in the secure account in accordance with Article 7g(2) of the VIS Regulation, the EU VAP shall send an electronic message to the visa holder in accordance with Article 7g(1) of that Regulation.

The decision on the confirmation of a visa in a new travel document shall be made available to the visa holder in the secure account. That confirmation shall be attested by a confirmation number.

1. Where the competent consulate or the central authorities of the competent Member State cannot determine whether a valid visa can be confirmed in a new travel document, in particular because of doubts regarding the identity of the visa holder, they shall refuse the confirmation and revoke the valid visa, in accordance with Article 34.

1. A negative decision regarding the confirmation of a valid visa in a new travel document shall not preclude the visa holder from submitting a new visa application. This shall be without prejudice to the right of the applicant to appeal in accordance with Article 34(7).’

;

• (24) Article 33 is amended as follows:

• (a) paragraph 6 is replaced by the following:

‘6.   Member States may allow visa holders to apply for an extension of a visa via the EU VAP by using a simplified application form. In such cases, visa holders shall provide the following:

• (a) personal data;

• (b) the number of the visa and the number of the travel document;

• (c) an electronic copy of the supporting documents proving force majeure, humanitarian reasons or serious personal reasons which prevent them from leaving the territory of the Member States before the expiry of the period of validity of their visa or of the duration of stay authorised by the visa.

Those visa holders shall pay the fee of EUR 30 only in case of serious personal reasons referred to in paragraph 2.’

;

• (b) the following paragraph is added:

‘8.   As soon as the decision on the request to extend the visa via the EU VAP has been taken by the competent authority and made available in the secure account in accordance with Article 7g(2) of the VIS Regulation, the EU VAP shall send an electronic message to the visa holder in accordance with Article 7g(1) of that Regulation.

The decision shall be made available to the visa holder in the secure account. Member States may add additional documents that substantiate the decision.’

;

• (25) Article 34 is amended as follows:

• (a) paragraphs 5 and 6 are replaced by the following:

‘5.   If a visa not issued in digital format is annulled or revoked, a stamp stating “ANNULLED” or “REVOKED” shall be affixed to it and the optically variable feature of the visa sticker, the security feature “latent image effect” as well as the term “visa” shall be invalidated by being crossed out.

1. A decision on annulment or revocation of a visa and the reasons on which it is based shall be issued in digital format by entering the data into the VIS, in accordance with Article 13 of the VIS Regulation.

The decision on annulment or revocation and the reasons on which it is based, as set out in Annex VI, shall be made available to the visa holder in the secure account. That decision shall be in the official language(s) of the Member State that has taken the final decision on the application and in another official language of the Union. Member States may add additional documents that substantiate that decision.

As soon as the decision has been taken by the competent authority and made available in the secure account in accordance with Article 7g(2) of the VIS Regulation, the EU VAP shall send an electronic message to the visa holder in accordance with Article 7g(1) of that Regulation. Where a visa holder is represented by another person that electronic message shall be sent to both of them.

The time limit for lodging an appeal under national law against the decision shall begin from the moment the visa holder accesses the decision in the secure account. The time limit shall be counted according to the time zone of the visa holder’s residence as indicated in the application form.

The decision shall be deemed to have been accessed by the visa holder on the eighth day following the date on which the electronic message informing the visa holder of the availability of the decision in the visa holder’s secure account was sent. From that day the decision shall be presumed to have been notified to the visa holder.

The EU VAP shall indicate the date of actual or presumed notification of the decision to the visa holder. In the case of a presumed notification an automatic electronic message shall be sent to the visa holder by the EU VAP.

If the secure account cannot be used for technical reasons, the visa holder may contact the competent consulate or the central authorities or the external service provider.

The notification of decisions referred to in this paragraph may be made through other means requested by the visa holder and allowed by the Member State.

For applications not submitted via the EU VAP, the decision and the reasons on which it is based shall be notified to the visa holder by means of the standard form set out in Annex VI in the official language(s) of the Member State that has taken the final decision on the application and in another official language of the Union.’

;

• (b) in paragraph 7, the third sentence is replaced by the following:

‘Member States shall provide visa holders with information regarding the procedure to be followed in the event of an appeal, as set out in Annex VI.’;

• (26) in Article 35, the following paragraph is added:

‘8.   Member States may allow third-country nationals to apply for a visa at the external border via the EU VAP. In such cases, the Member States shall notify the applicant of the decision taken on the visa application by making it available to the applicant via the applicant’s secure account on the EU VAP in accordance with Article 7g(2) of the VIS Regulation. As soon as the decision has been made available in the applicant’s secure account, the EU VAP shall send an electronic message to the applicant in accordance with Article 7g(1) of the VIS Regulation.’

;

• (27) Article 37 is amended as follows:

• (a) paragraph 2 is deleted;

• (b) in paragraph 3, the first sentence is replaced by the following:

‘As a general rule, consulates or central authorities shall keep archives of applications in digital format.’;

• (28) Article 38 is amended as follows:

• (a) paragraph 1a is replaced by the following:

‘1a.   Member States shall ensure that the entire visa procedure in consulates, including the lodging and handling of applications and the practical cooperation with external service providers, is monitored by expatriate staff to ensure the integrity of all stages of the procedure.’

;

• (b) the following paragraph is inserted:

‘3c.   Based on training materials developed by eu-LISA or the Commission, Member States’ central authorities shall provide appropriate training to each of their staff and external service providers regarding the EU VAP.’

;

• (29) in Article 40(2), point (a) is replaced by the following:

• ‘(a) equip their consulates and authorities responsible for issuing visas at the borders with the requisite material for the collection of biometric identifiers;’;

• (30) Article 42 is deleted;

• (31) Article 43 is amended as follows:

• (a) paragraph 4 is replaced by the following:

‘4.   Only the consulates or the central authorities shall examine the applications, conduct, where appropriate, the interviews and take a decision on applications.’

;

• (b) in paragraph 5, the following subparagraph is added:

‘By way of derogation from the first subparagraph, only duly authorised staff of external service providers may have access to the EU VAP via the external service provider gateway referred to in Article 7f of the VIS Regulation, and only to:

• (a) verify the data uploaded by the applicant;

• (b) upload biometric identifiers;

• (c) upload copies of the supporting documents;

• (d) use the appointment tool to indicate available appointments.’;

• (c) paragraph 6 is amended as follows:

• (i) point (c) is replaced by the following:

• ‘(c) collecting data and, if applicable, applications including the collection of biometric identifiers and, in the exceptional cases referred to in Article 10(1a), supporting documents and documents needed for identity checks, transmitting them to the consulate or the central authorities where they have not received those documents and information, and uploading them to the EU VAP;’;

• (ii) the following points are inserted:

• ‘(ca) verifying the travel document against the electronic copy uploaded by the applicant;

• (cb) in cases where Article 12(2) applies, verifying that the holder of the travel document corresponds to the applicant;’;

• (32) Article 44 is amended as follows:

• (a) paragraph 1 is replaced by the following:

‘1.   In the case of cooperation among Member States and cooperation with an external service provider, the Member State(s) concerned shall ensure that data are fully encrypted, whether transferred electronically or physically onto an electronic storage medium.’

;

• (b) the following paragraph is inserted:

‘1a.   The access that external service providers may have to the EU VAP via the external service provider gateway referred to in Article 7f of the VIS Regulation shall be protected by a secure encryption system other than the one referred to in paragraph 1 of this Article.’

;

• (33) Article 47 is amended as follows:

• (a) point (e) of paragraph 1 is deleted;

• (b) the following paragraph is added:

‘3.   The EU VAP shall provide the general public with all relevant information in relation to the application for a visa via the EU VAP, in particular the information referred to in Article 7a of the VIS Regulation.’

;

• (34) Annex I to Regulation (EC) No 810/2009 is replaced by the text set out in Annex I to this Regulation;

• (35) Annex III to Regulation (EC) No 810/2009 is deleted;

• (36) in Annex V to Regulation (EC) No 810/2009, the following entry is inserted after the entry for San Marino:

‘UNITED KINGDOM:

— UK Biometric Residence Permit (BRP) (for citizens from non-EU countries).’.

Article 2

Amendments to Regulation (EC) No 767/2008

Regulation (EC) No 767/2008 is amended as follows:

• (1) Article 2a is amended as follows:

• (a) paragraph 1 is amended as follows:

• (i) in the first subparagraph, the following point is inserted:

• ‘(fa) EU Visa Application Platform (EU VAP);’;

• (ii) the following subparagraphs are added:

‘The EU VAP shall share and re-use as much as technically possible the hardware and software components of the EES web service and the ETIAS website and the application for mobile devices.

The EU VAP shall be developed so as to enable the Member States which do not yet apply the Schengen acquis in full to seamlessly connect with it and smoothly use the EU VAP as soon as a Council decision in accordance with Article 3(2) of the 2003 Act of Accession or Article 4(2) of the 2005 Act of Accession has been taken.’;

• (b) the following paragraphs are added:

‘6.   The EU VAP shall consist of the following components:

• (a) a public website and an app for mobile devices;

• (b) temporary storage capacity;

• (c) a secure account service;

• (d) a verification tool for applicants;

• (e) a web service for visa holders;

• (f) an email service;

• (g) a payment tool;

• (h) a tool for managing appointments (the appointment tool);