Regulation (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

• CELEX: Regulation (EU) 2023/2685
• Articles: 5

Article 1 Amendments to Regulation (EC) No 1683/95

Regulation (EC) No 1683/95 is amended as follows:

(1)

Article 1 is replaced by the following:

‘Article 1

1.   Visas issued by the Member States in conformity with Article 5 shall be produced in a uniform digital format (“digital visa”). They shall contain the data fields set out in the Annex.

2.   The digital visa shall:

(a)

be issued as a 2D barcode which shall be cryptographically signed by the Country Signing Certificate Authority of the issuing Member State;

(b)

contain the facial image of the visa holder; and

(c)

be printable.

3.   Member States may add national entries in the “comments” section in accordance with Article 10(1), point (n) of Regulation (EC) No 767/2008 of the European Parliament and of the Council.  ( *1 )

( *1 )   Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of information between Member States on short-stay visas, long-stay visas and residence permits (VIS Regulation) ( OJ L 218, 13.8.2008, p. 60 ).’

"

;

(2)

Article 2 is replaced by the following:

Article 2

1.   The Commission shall adopt implementing acts to establish technical specifications for the uniform format for digital visas relating to the following:

(a)

technical standards and methods for:

(i)

encoding the data contained in the digital visa; and

(ii)

the facial image;

(b)

specifications for generating the printable version of the digital visa.

2.   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decide by means of implementing acts that the technical specifications referred to in paragraph 1 are to be secret and not be published.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.

3.   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

1.   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.

2.   The Commission decision referred to in paragraph 1 shall be published in the Official Journal of the European Union.

3.   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.

Schedules & Appendices

ANNEX

ANNEX

The Annex to Regulation (EC) No 1683/95 is replaced by the following:

‘ANNEX

Data fields of the digital visa

(1)

issuing Member State;

(2)

surname, name;

(3)

surname at birth;

(4)

date of birth;

(5)

country and place of birth;

(6)

sex;

(7)

nationality;

(8)

nationality at birth;

(9)

type and number of travel document;

(10)

issuing authority of the travel document;

(11)

date of issue and of expiry of the travel document;

(12)

the authority that issued the visa, its location and whether that authority issued the visa on behalf of another Member State;

(13)

place and date of the decision to issue the visa;

(14)

type of visa;

(15)

if applicable, information indicating that the visa has been issued with limited territorial validity pursuant to Article 25(1) of Regulation (EC) No 810/2009;

(16)

number of the visa;

(17)

the territory in which the visa holder is entitled to travel;

(18)

the commencement and expiry date of the validity period of the visa;

(19)

the number of entries authorised by the visa in the territory for which the visa is valid;

(20)

the duration of the stay as authorised by the visa;

(21)

if applicable, the status of the person indicating that the third-country national is a family member of a Union citizen to whom Directive 2004/38/EC of the European Parliament and of the Council  ( *1 ) applies or of a third-country national enjoying the right of 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.

(22)

if applicable, the status of the person indicating that the third-country national is a family member of a UK national who is a beneficiary 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  ( *2 ) in the host State for which the visa application is made;

(23)

national entries in the “comments” section;

(24)

in addition, for a valid visa confirmed in a new travel document:

—

status information indicating that the visa has been confirmed;

—

the authority that confirmed the visa and its location;

—

place and date of the decision to confirm a valid visa in a new travel document;

—

new travel document data, including the number, issuing country and authority, issuing date, expiry date of the new travel document;

—

confirmation number;

(25)

in addition, for an extended visa:

—

status information indicating that the visa has been extended;

—

the authority that extended the visa and its location;

—

place and date of the decision;

—

number of the extended visa;

—

the commencement and expiry dates of the extended period;

—

period of the extension of the authorised duration of the stay;

—

the territory in which the visa holder is entitled to travel, if the territorial validity of the extended visa differs from that of the original visa;

—

the type of the visa extended;

(26)

the facial image of the visa holder.

.

( *1 )   Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC ( OJ L 158, 30.4.2004, p. 77 ).

( *2 )   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 ).”