Legal provisions of COM(2024)671 - Issuance of and technical standards for digital travel credentials based on identity cards

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dossier COM(2024)671 - Issuance of and technical standards for digital travel credentials based on identity cards.
document COM(2024)671 EN
date October  8, 2024

Contents

Article 1 - Subject matter

This Regulation lays down the framework for the issuance and creation of digital travel credentials based on identity cards issued by Member States to Union citizens in accordance with the requirements laid down in Regulation (EU) XXXX/XXXX [COM(2024) 316 final] for the purpose of facilitating the exercise of the right referred to in Article 20(2)(a) of the Treaty on the Functioning of the European Union by Union citizens holding such digital travel credentials.

Article 2 - Digital travel credentials

1. Upon request from the person having applied for an identity card, identity cards issued by Member States shall be accompanied by a digital travel credential.

2. Upon request from the holder of an identity card issued in accordance with the requirements of Regulation (EU) XXXX/XXXX [COM(2024) 316 final], the Member State having issued the identity card shall issue a digital travel credential.

3. Member States shall offer holders of an identity card issued by them in accordance with the requirements of Regulation (EU) XXXX/XXXX [COM(2024) 316 final] the possibility to remotely create a digital travel credential. To that effect, holders shall be able to use the ‘EU Digital Travel application’, provisions for which are laid down in Regulation (EU) XXXX/XXXX [COM(2024) 670 final]. Holders shall be allowed to access the parts of the storage medium of identity cards that are necessary for the purpose of creating a digital travel credential.

Before the digital travel credential is created, Member States shall ensure that the integrity and authenticity of the storage medium of the identity card are verified and that the facial image of the person seeking to create the digital travel credential is matched against the facial image stored on the storage medium.

4. Digital travel credentials issued or created pursuant to this Article shall:

(a)be based on the technical specifications adopted pursuant to Article 5;

(b)be in a format that enables their storage in European Digital Identity Wallets issued in accordance with Regulation (EU) No 910/2014;

(c)be free of charge;

(d)contain the same personal data, including facial image, as the identity card based on which they are issued or created.

For the purpose of point (d), digital travel credentials issued or created pursuant to this Article shall not include the fingerprints of the holder.

5. Member States shall enable the authentication and validation of digital travel credentials in accordance with the technical specifications adopted pursuant to Article 5.

6. Once the Commission has confirmed that it is technically possible to create digital travel credentials based on identity cards issued in accordance with the requirements laid down in Regulation (EU) XXXX/XXXX [COM(2024) 316 final] using the ‘EU Digital Travel application’, provisions for which are laid down in Regulation (EU) XXXX/XXXX [COM(2024) 670 final], Member States shall enable the creation of digital travel credentials pursuant to paragraph 3 of this Article at the latest from the date set by the Commission by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 6(2).

Article 3 - Contact point

Each Member State shall designate an authority as the contact point for the implementation of this Regulation. Each Member State shall communicate the name of that authority to the Commission and the other Member States. If a Member State changes its designated authority, it shall inform the Commission and the other Member States accordingly.

Article 4 - Protection of personal data

Personal data stored in digital travel credentials issued or created pursuant to Article 2 shall be processed in accordance with Article 11 of Regulation (EU) XXXX/XXXX [COM(2024) 316 final].

Article 5 - Technical specifications, procedures and requirements

The Commission shall, by way of implementing acts, adopt technical specifications, procedures and requirements for digital travel credentials issued or created on the basis of identity cards, including on their:

(a)data schema and format;

(b)issuance and disclosure process;

(c)validity;

(d)trust model;

(e)authentication and validation;

(f)revocation.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 6(2).

When adopting those technical specifications, the Commission shall take into account accessibility requirements under Union law.

Article 6 - Committee procedure

1. The Commission shall be assisted by the Committee established by Article 6 of Council Regulation (EC) No 1683/95 51 . 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 7 - Evaluation

By 5 years after the adoption of the implementing act referred to in Article 2(6), the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament and the Council.

Member States and relevant Union agencies shall provide the Commission with the information necessary for the preparation of that report.

Article 8 - Entry into force

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

Article 2(1) and Article 2(2) shall apply from 12 months after the entry into force of the technical specifications, procedures and requirements referred to in Article 5.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.