Legal provisions of COM(2018)358 - EU Emergency Travel Document

Please note

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

dossier COM(2018)358 - EU Emergency Travel Document.
document COM(2018)358 EN
date June 18, 2019

Contents

CHAPTER I - SUBJECT MATTER AND DEFINITIONS


Article 1

Subject matter

This Directive lays down rules on the conditions and procedure for unrepresented citizens in third countries to obtain an EU Emergency Travel Document (‘EU ETD’) and establishes a uniform format for such document.

Article 2

Definitions

For the purposes of this Directive, the following definitions apply:

(1)‘unrepresented citizen’ means any citizen holding the nationality of a Member State which is not represented in a third country as set out in Article 6 of Directive (EU) 2015/637;

(2)‘applicant’ means the person applying for an EU ETD;

(3)‘recipient’ means the person being issued an EU ETD;

(4)‘assisting Member State’ means the Member State receiving an application for an EU ETD;

(5)‘Member State of nationality’ means the Member State of which the applicant claims to be a national;

(6)‘working days’ means all days other than public holidays or weekends observed by the authority required to act.

CHAPTER II - THE EU EMERGENCY TRAVEL DOCUMENT


Article 3

The EU Emergency Travel Document

1. The EU Emergency Travel Document (‘EU ETD’) is a travel document that shall be issued by a Member State to an unrepresented citizen in a third country for a single journey to the citizen's Member State of nationality or residence, as requested by the citizen, or exceptionally, to another destination. Member States may also decide to issue EU ETDs to other recipients in accordance with Article 7.

2. Member States shall issue EU ETDs to unrepresented citizens in third countries whose passports or travel documents have been lost, stolen or destroyed, or can otherwise not be obtained within a reasonable time, in accordance with the procedure set out in Article 4.

Article 4

Procedure

1. Where a Member State receives an application for an EU ETD, it shall, as soon as possible, and no later than two working days after receipt of the application, consult the Member State of nationality in accordance with Article 10(2) of Directive (EU) 2015/637 for the purpose of verifying the nationality and identity of the applicant.

2. The assisting Member State shall provide the Member State of nationality with all relevant information, including:

(a)the applicant's surname and given name(s), nationality, date of birth and sex;

(b)a facial image of the applicant taken by the authorities of the assisting Member State at the time of application or, only where this is not feasible, a scanned or digital photograph of the applicant, based on the standards established by part 3 of International Civil Aviation Organization (ICAO) Document 9303 on Machine Readable Travel Documents (Seventh Edition, 2015) (‘ICAO Document 9303’);

(c)a copy or scan of any available means of identification, such as an identity card or driving license, and, where available, the type and number of the document replaced and the national registration or social security number.

3. As soon as possible, and no later than three working days after receipt of the information referred to in paragraph 2, the Member State of nationality shall respond to the consultation in accordance with Article 10(3) of Directive (EU) 2015/637 and shall confirm whether the applicant is its national. If the Member State of nationality is unable to respond within three working days, it shall, within that period, inform the assisting Member State and shall provide an estimate of when the response is to be expected. The assisting Member State shall inform the applicant accordingly. Upon confirmation of the applicant's nationality, the assisting Member State shall provide the applicant with the EU ETD as soon as possible and no later than two working days after receipt of the confirmation.

4. If the Member State of nationality objects to an EU ETD being issued to one of its nationals, it shall inform the assisting Member State. In that case, the EU ETD shall not be issued and the Member State of nationality shall assume responsibility for providing consular protection to its citizen in accordance with its legal obligations and practice. The assisting Member State, in close consultation with the Member State of nationality, shall inform the applicant accordingly.

5. In justified cases, the Member States may take longer than the time limits laid down in paragraphs 1 and 3.

6. In cases of extreme urgency, the assisting Member State may issue an EU ETD without prior consultation of the Member State of nationality. Before doing so, the assisting Member State shall have exhausted the available means of communication with the Member State of nationality. The assisting Member State shall notify the Member State of nationality, as soon as possible, of the fact that an EU ETD has been issued and of the identity of the person to whom the EU ETD was issued. That notification shall include all data which were included on the EU ETD.

7. The authority of the Member State issuing the EU ETD shall store a copy or scan of each EU ETD issued and shall send another copy or scan to the applicant's Member State of nationality.

8. The recipient of an EU ETD shall be asked to return the EU ETD, regardless of whether it has expired, upon arrival at the final destination.

9. The Commission may adopt implementing acts establishing a standard EU ETD application form which shall contain information on the obligation to return the EU ETD upon arrival. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).

Article 5 - Financial provisions

1. The assisting Member State shall charge the applicant such fees as it charges its own nationals for the issuance of national emergency documents.

2. The assisting Member State may waive the charging of fees generally or in specific situations determined by it.

3. Where applicants are unable to pay any applicable fees to the assisting Member State when submitting their application, they shall undertake to repay their Member State of nationality such fees using the standard form set out in Annex I of Directive (EU) 2015/637. In such cases, Article 14(2) and Article 15 of Directive (EU) 2015/637 shall apply.

Article 6

Validity

An EU ETD shall be valid for the period required for completion of the journey for which it is issued. In calculating that period, allowance shall be made for necessary overnight stops and for making travel connections. The period of validity shall include an additional ‘period of grace’ of two days. Save in exceptional circumstances, the validity of an EU ETD shall not exceed 15 calendar days.

Article 7

Optional issuance of EU ETDs

1. Where the applicant's passport or travel document has been lost, stolen or destroyed or can otherwise not be obtained within a reasonable time, a Member State may issue EU ETDs:

(a)to its own nationals;

(b)to Union citizens who are not represented within the territory of the Member States, including the overseas countries and territories referred to in the first subparagraph of Article 355(2) TFEU;

(c)to citizens of another Member State which is represented in the country where they seek to obtain the EU ETD and where arrangements between the relevant Member States exist to that effect;

(d)to family members, who are not Union citizens, accompanying Union citizens who are not represented in a third country or Union citizens referred to in points (a), (b) or (c), where those family members are legal residents in a Member State, without prejudice to any applicable visa requirements;

(e)to other persons to whom that Member State or another Member State is obliged under international or national law to provide protection and who are legal residents in a Member State.

2. Where a Member State issues EU ETDs in accordance with:

(a)point (b) or (c) of paragraph 1 of this Article, the consultation set out in Article 4 shall involve the Member State of nationality of Union citizens;

(b)point (d) of paragraph 1 of this Article, the consultation set out in Article 4 shall involve the Member State of nationality of the accompanied Union citizen and, where necessary, the Member State of residence of the family member. By derogation from Article 4(6), no EU ETD shall be issued without prior consultation of the Member State of nationality of the accompanied Union citizen and, where necessary, the Member State of residence of the family member;

(c)point (e) of paragraph 1 of this Article, the consultation set out in Article 4 shall involve the Member State obliged under international or national law to provide protection to the applicant, which shall be the destination country indicated on the EU ETD.

CHAPTER III - UNIFORM FORMAT FOR EU ETDs


Article 8

Uniform format for EU ETDs

1. EU ETDs shall consist of a uniform EU ETD form and a uniform EU ETD sticker. That form and that sticker shall conform to the specifications set out in Annexes I and II and the additional technical specifications established in accordance with Article 9.

2. When the uniform EU ETD sticker is filled in, the sections set out in Annex II shall be completed and the machine-readable zone filled in, in line with ICAO Document 9303.

3. In order to achieve the objectives of this Directive, in particular to ensure the exercise of the right to consular protection on the basis of a modern and secure EU ETD format, the Commission is empowered to adopt delegated acts in accordance with Article 11 to amend Annexes I and II as well as references to the standards established by ICAO as referred to in paragraph 2 of this Article and Article 4(2)(b), in response to technical progress.

4. Member States may add any necessary national entries in the ‘remarks’ section of the uniform EU ETD sticker as referred to in point 9 of Annex II. Those national entries shall not duplicate the sections set out in Annex II.

5. All entries on the uniform EU ETD sticker, including the facial image, shall be printed. No manual changes shall be made to a printed uniform EU ETD sticker.

Exceptionally, in the event of technical force majeure, uniform EU ETD stickers may be filled in manually and a photograph affixed. In such cases, the photograph shall have additional protection against photo substitution. No changes shall be made to the uniform EU ETD sticker which has been filled in manually.

6. If an error is detected on the uniform EU ETD sticker which has not yet been affixed to the uniform EU ETD form, the uniform EU ETD sticker shall be invalidated and destroyed. If an error is detected after the uniform EU ETD sticker has been affixed to the uniform EU ETD form, both shall be invalidated and destroyed and a new uniform EU ETD sticker shall be produced.

7. The printed uniform EU ETD sticker containing the completed sections shall be affixed to the uniform EU ETD form in accordance with Annex I.

8. Member States shall ensure theft-proof storage of blank uniform EU ETD forms and stickers.

Article 9

Additional technical specifications

1. The Commission shall adopt implementing acts containing additional technical specifications for EU ETDs relating to the following:

(a)design, format and colours of the uniform EU ETD form and sticker;

(b)requirements for the material and printing techniques of the uniform EU ETD form;

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

(d)other rules to be observed for the filling in and issuing of the EU ETD.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).

2. It may be decided that the additional technical specifications referred to in paragraph 1 shall be secret and not be published. In that case, they shall be made available only to the bodies designated by the Member States as responsible for the production of EU ETDs and to persons duly authorised by a Member State or the Commission.

Article 10

Production of EU ETDs

1. Each Member State shall designate a body having responsibility for producing uniform EU ETD forms and stickers. The same body may be designated by several or all Member States.

2. Each Member State shall communicate the name of the body producing its uniform EU ETD forms and stickers to the Commission and to the other Member States. Where a Member State changes its designated body, it shall inform the Commission and the other Member States accordingly.

Article 11 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Articles 8(3) and 13(1) shall be conferred on the Commission for an indeterminate period of time from 10 July 2019.

3. The delegation of power referred to in Articles 8(3) and 13(1) may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it to the Council.

6. A delegated act adopted pursuant to Articles 8(3) and 13(1) shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council.

7. The European Parliament shall be informed of the adoption of delegated acts by the Commission, of any objection formulated to them, or of the revocation of the delegation of powers by the Council.

Article 12

Committee procedure

1. The Commission shall be assisted by the Committee established by Article 6 of Regulation (EC) No 1683/95. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 13

Notification to third countries

1. Within 21 months of the adoption of the additional technical specifications referred to in Article 9, the Member State holding the Presidency of the Council in accordance with Article 16(9) TEU shall provide specimens of the uniform EU ETD form and sticker to the Commission and the EEAS.

The Commission is empowered to adopt delegated acts in accordance with Article 11 to amend the first subparagraph of this paragraph by designating another Member State as the state responsible for providing the specimens referred to in that subparagraph, on the basis of objective criteria, such as the presence on its territory of the body designated for the production of EU ETDs by several or all Member States.

2. The EEAS shall transmit the specimens of the uniform EU ETD form and sticker to Union delegations in third countries.

3. Union delegations in third countries shall notify the relevant authorities in the respective third countries of the usage of the EU ETD as well as its uniform format and main security features, including by providing specimens of the uniform EU ETD form and sticker for reference purposes. The notification of an individual third country shall be repeated upon request of that third country. The notification shall not include specifications which are to be kept secret in accordance with Article 9(2).

4. Each time the uniform EU ETD form or sticker is modified, the procedure set out in paragraphs 1 to 3 shall be repeated. The deadline referred to in paragraph 1 shall be 21 months after the adoption of the modified format of the uniform EU ETD form or sticker.

5. Where no Union delegation is present in a third country, represented Member States shall decide through local consular cooperation which Member State shall notify the relevant authorities of that third country of the uniform EU ETD format as well as its main security features. The EEAS shall coordinate with the Member State concerned the transmission of specimens of the uniform EU ETD form and sticker for that purpose.

CHAPTER IV - FINAL PROVISIONS


Article 14

More favourable treatment

Member States may introduce or retain provisions more favourable than those of this Directive in so far as they are compatible with this Directive.

Article 15

Protection of personal data

1. Personal data processed for the purposes of this Directive, including the facial image or photograph of the applicant referred to in Article 4(2), shall only be used to verify the identity of the applicant in accordance with the procedure set out in Article 4, to print the uniform EU ETD sticker, and to facilitate travel of that applicant. The assisting Member State and the Member State of nationality shall ensure appropriate security of personal data.

2. Without prejudice to Regulation (EU) 2016/679, an applicant to whom an EU ETD is issued shall have the right to verify the personal data contained in the EU ETD and, where appropriate, to ask for corrections to be made by issuing a new document.

3. No information in machine-readable form shall be included in an EU ETD unless it also appears in the sections referred to in point 6 of Annex II.

4. The assisting Member State and the Member State of nationality shall retain the personal data of an applicant only for as long as necessary, including for the collection of the fees referred to in Article 5. In no case shall that personal data be retained longer than 180 days by the assisting Member State or longer than two years by the Member State of nationality. Upon expiry of the retention period, the personal data of an applicant shall be erased.

5. By derogation from paragraph 4, Member States shall ensure the safe destruction of any returned EU ETD and of all related copies as soon as possible.

Article 16

Monitoring

1. Member States shall regularly monitor the application of this Directive based on the following indicators:

(a)number of EU ETDs issued in accordance with Article 3 and the nationality of the recipient;

(b)number of EU ETDs issued in accordance with Article 7 and the nationality of the recipient; and

(c)number of cases of EU ETD fraud and counterfeits.

2. Member States shall organise the production and gathering of the data necessary to measure the change in the indicators set out in paragraph 1, and shall supply that information to the Commission on a yearly basis.

3. The Commission may adopt implementing acts establishing additional indicators to those referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).

Article 17

Evaluation

1. No sooner than five years after the date of transposition of this Directive, the Commission shall carry out an evaluation of this Directive and present a report on the main findings to the European Parliament and to the Council. The report shall include an evaluation of the appropriateness of the level of security of personal data, the impact on fundamental rights and the possible introduction of a uniform fee for EU ETDs.

2. Member States shall provide the Commission with the information necessary for the preparation of the report referred to in paragraph 1.

Article 18

Repeal

1. Decision 96/409/CFSP is repealed with effect from 36 months after the adoption of the additional technical specifications referred to in Article 9.

2. References to the repealed Decision shall be construed as references to this Directive.

3. Member States shall ensure the invalidation and destruction of ETD forms produced according to Decision 96/409/CFSP within the time limit referred to in paragraph 1.

Article 19

Transposition

1. Member States shall adopt and publish, by 24 months of the adoption of the additional technical specifications referred to in Article 9, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately communicate the text of those provisions to the Commission.

They shall apply those measures from 36 months after the adoption of the additional technical specifications referred to in Article 9.

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 20

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 21

Addressees

This Directive is addressed to the Member States.