LegalizeRegulation (EU) 2023/2685 of the European Parliament and of the Council of 22 November 2023 amending Council Regulation (EC) No 1683/95 as regards the digitalisation of the visa procedure
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) 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 (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) The Union’s common visa policy has been an integral part of the establishment of an area without internal borders. It is important that visa policy remain an essential element in helping counter security risks and the risk of irregular migration to the Union, while facilitating tourism and business. To make the Schengen visa application process smoother and more effective for third-country nationals and Member State authorities, it is necessary to allow Schengen visa applications to be lodged online, thereby making full use of recent legal and technological developments.
(2) Visas should be issued in a uniform digital format only, as a 2D barcode, and contain the facial image of the visa holder. The 2D barcode should be cryptographically signed by the Country Signing Certificate Authority of the issuing Member State. Council Regulation (EC) No 1683/95 (3) should therefore be amended accordingly.
(3) In order to ensure uniform conditions for the implementation of Regulation (EC) No 1683/95, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (4). The examination procedure should be used for the adoption of the technical specifications of the digital visa.
(4) 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 (5); Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.
(5) 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 (6) which fall within the area referred to in Article 1, point B, of Council Decision 1999/437/EC (7).
(6) 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 (8) 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 (9).
(7) 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 (10) 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 (11).
(8) As regards Cyprus, and Bulgaria and Romania, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession and of Article 4(1) of the 2005 Act of Accession.
(9) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (12) and delivered an opinion on 21 June 2022 (13),
HAVE ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 1683/95
Regulation (EC) No 1683/95 is amended as follows:
(2) Article 2 is replaced by the following:
‘Article 2
The Commission shall adopt implementing acts to establish technical specifications for the uniform format for digital visas relating to the following:
(b) specifications for generating the printable version of the digital visa.
The Commission may decide by means of implementing acts that the technical specifications referred to in paragraph 1 are to be secret and not be published. In that case those technical specifications shall be made available only to persons duly authorised by a Member State or by the Commission.
The implementing acts referred to in paragraphs 1 and 2 of this Article shall be adopted in accordance with the examination procedure to be applied as referred to in Article 6(2) of this Regulation in conjunction with the transitional provision in Article 13(1), point (c), of Regulation (EU) No 182/2011 of the European Parliament and of the Council(*2).
(3) Article 3 is deleted;
(4) in Article 4, paragraph 2 is deleted;
(5) the Annex to Regulation (EC) No 1683/95 is replaced by the text set out in the Annex to this Regulation.
Article 2
Start of issuing visas in digital format
Once the following conditions have been met, the Commission shall adopt a decision, by means of an implementing act, setting the date from which Member States are to issue digital visas pursuant to Regulation (EC) No 1683/95 as amended by this Regulation:
(a) the implementing acts laying down the technical specifications referred to in Article 2(1) of Regulation (EC) No 1683/95 have been adopted;
(b) 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 (14) has declared the successful completion of comprehensive tests;
(c) eu-LISA has validated the technical and legal arrangements for the start of issuing visas in digital format and notified them to the Commission.
The Commission decision referred to in paragraph 1 shall be published in the Official Journal of the European Union.
By 1 December 2026 and every year thereafter until the decision of the Commission referred to in paragraph 1 has been adopted, the Commission shall submit a report to the European Parliament and to the Council on the progress with regard to the implementation of this Regulation. That report shall contain detailed information about the costs incurred and information on any risks which impact the overall costs.
Article 3
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from the date set by the Commission in accordance with Article 2(1), with the exception of Article 1, point 2, which shall apply from 27 December 2023.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Strasbourg, 22 November 2023.
For the European Parliament The President R. METSOLA
For the Council The President P. NAVARRO RÍOS
(1) OJ C 75, 28.2.2023, p. 150.
(2) Position of the European Parliament of 18 October 2023 (not yet published in the Official Journal) and decision of the Council of 13 November 2023.
(3) 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).
(4) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(5) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).
(6) OJ L 176, 10.7.1999, p. 36.
(7) 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 (OJ L 176, 10.7.1999, p. 31).
(8) OJ L 53, 27.2.2008, p. 52.
(9) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, 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 (OJ L 53, 27.2.2008, p. 1).
(10) OJ L 160, 18.6.2011, p. 21.
(11) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 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, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).
(12) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(13) OJ C 277, 19.7.2022, p. 7.
(14) Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99).
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