Legal provisions of COM(2001)157-3 - Uniform format for residence permits for third-country nationals

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This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2001)157-3 - Uniform format for residence permits for third-country nationals.
document COM(2001)157 EN
date June 13, 2002


Contents

Article 1

1. Residence permits issued by Member States to third-country nationals shall be drawn up in a uniform format and provide sufficient space for the information set out in the Annex hereto. The uniform format may be used as a sticker or a stand-alone document. Each Member State may add in the relevant space of the uniform format information of importance regarding the nature of the permit and the legal status of the person concerned, in particular information as to whether or not the person is permitted to work.

2. For the purpose of this Regulation,

(a) 'residence permit' shall mean any authorisation issued by the authorities of a Member State allowing a third-country national to stay legally on its territory, with the exception of:

(i) visas;

(ii) permits issued pending examination of an application for a residence permit or for asylum;

(iii) authorisations issued for a stay of a duration not exceeding six months by Member States not applying the provisions of Article 21 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders(9);

(b) 'third-country national' shall mean any person who is not a citizen of the Union within the meaning of Article 17(1) of the Treaty.

Article 2

1. Additional technical specifications for the uniform format for residence permits relating to the following shall be established in accordance with the procedure referred to in Article 7(2):

(a) additional security features and requirements including enhanced anti-forgery, counterfeiting and falsification standards;

(b) technical processes and rules for the filling in of the uniform residence permit;

(c) other rules to be observed for the filling in of the uniform residence permit.

2. The colours of the uniform residence permit may be changed in accordance with the procedure referred to in Article 7(2).

Article 3

The specifications referred to in Article 2 shall be secret and not be published. They shall be made available only to the bodies designated by the Member States as responsible for the printing and to persons duly authorised by a Member State or the Commission.

Each Member State shall designate one body having responsibility for printing the uniform residence permit. It shall communicate the name of that body to the Commission and the other Member States. The same body may be designated by two or more Member States. Each Member State shall be entitled to change its designated body. It shall inform the Commission and the other Member States accordingly.

Article 4

Without prejudice to data protection rules, persons to whom the residence permit is issued shall have the right to verify the personal particulars contained in the residence permit and, where appropriate, to have them corrected or deleted.

No information in machine-readable form shall be included in the residence permit, unless provided for in the Annex hereto or unless it is mentioned in the relevant travel document.

Article 5

This Regulation shall not apply to third-country nationals who are:

- members of the families of citizens of the Union exercising their right to free movement,

- nationals of Member States of the European Free Trade Association party to the Agreement on the European Economic Area and members of their families exercising their right to free movement in accordance with that Agreement,

- nationals of third countries who are exempt from the requirement to hold a visa and who are authorised to stay in a Member State for a period of less than three months.

Article 6

The measures necessary for the implementation of this Regulation shall be adopted in accordance with the regulatory procedure referred to in Article 7(2).

Article 7

1. The Commission shall be assisted by the Committee set up by Article 6(2) of Regulation (EC) No 1683/95.

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.

3. The Committee shall adopt its rules of procedure.

Article 8

This Regulation shall not affect the powers of the Member States regarding recognition of States and territorial entities and passports, identity documents and travel documents issued by their authorities.

Article 9

Member States shall issue the uniform format for residence permits defined in Article 1 no later than one year after the adoption of the additional security features and requirements referred to in Article 2(1)(a).

From that date, this Regulation shall, in the Member States concerned, replace Joint Action 97/11/JHA.

The integration of the photograph provided for in point 14 of the Annex on a third-country nationals' residence permit in the form of a sticker shall be implemented at the latest five years after the adoption of the technical specifications provided for the adoption of this measure in Article 2.

However, the validity of authorisations already granted in another format of residence permit shall not be affected by the introduction of the uniform format for residence permits, unless the Member State concerned decides otherwise.

Article 10

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.


This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.