PURPOSE: to establish a new uniform format for residence permits for third-country nationals.

LEGISLATIVE ACT: Regulation (EU) 2017/1954 of the European Parliament and of the Council of 25 October 2017 amending Council Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals.

CONTENT: this Regulation amending Regulation (EC) No 1030/2002 establishes a new uniform template for the residence permit in order to improve its security features so as to prevent forgery. The current uniform format for residence permits, which has been used for 20 years, is considered to be compromised in view of serious incidents of counterfeiting and fraud.

The Annex to Regulation (EC) No 1030/2002 is replaced by a new technical annex containing the images and text of the new residence permit.

Third-country nationals who hold a valid residence permit drawn up in the uniform format issued by one of the Member States which apply the Schengen acquis in full have the right to move freely for up to 90 days within the Schengen area, provided that they fulfil the entry conditions referred to in the Regulation establishing the Schengen Borders Code.

In addition, in order to enable the competent authorities to identify third-country nationals who may benefit from those specific mobility rights, it is important that those residence permits clearly display the relevant entries, such as ‘ researcher’ , ‘ student’ or ‘ ICT - intra corporate transfer’ in accordance with the relevant Union legislation.

The United Kingdom and Ireland are not bound by this regulation. Denmark shall decide, within six months of the Council Decision on this Regulation, whether it transposes it into its national law.

ENTRY INTO FORCE: 21.11.2017.

Member States shall apply the Regulation no later than 15 months after the adoption of the additional technical specifications in the Annex to amended Regulation (EC) No 1030/2002.

The European Parliament adopted by 614 votes to 11, with 67 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals.

The European Parliament's position adopted at first reading in accordance with the ordinary legislative procedure supports the Commission’s proposal to update the Annex to Council Regulation (EC) No 1030/2002 to provide for greater harmonisation.

Parliament clarified that third-country nationals who hold a valid residence permit drawn up in the uniform format issued by one of the Member States which apply the Schengen acquis in full have the right to move freely for up to 90 days within the Schengen area provided that they fulfil the entry conditions referred to in the Schengen Borders Code Regulation.

Moreover, in order to enable the competent authorities to identify third-country nationals who may benefit from those specific mobility rights, it is important that those residence permits clearly display the relevant entries, such as researcher, student or intra-corporate transferees (ICTs) in accordance with the relevant Union legislation.

Member States shall apply this Regulation at the latest 15 months after the adoption of the additional technical specifications referred to in Article 2 of Regulation (EC) No 1030/2002.

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Jussi HALLA-AHO (ECR, FI) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC)1030/2002 laying down a uniform format for residence permits for third-country nationals.

The committee recommended that the European Parliament adopt its position at first reading, taking over the Commission proposal.

The proposal seeks to update the Annex to provide for greater harmonisation. It aims to ensure a uniform design and certain standard security features, to which optional features can be added.

Such harmonisation of the residence permit shall help border guards and other relevant authorities to conduct their tasks and contribute to the security of EU citizens and legal residents.

PURPOSE: to amend Council Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals.

PROPOSED ACT: Decision of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the current design of the residence permit was adopted in 1997. Back in 2009, Member States considered that more sophisticated forgeries meant it was necessary to work on a new design for residence permits and decided to introduce more modern security features to improve the security features of residence permits .

Regulation (EC) No 1030/2002, as last amended by Regulation (EC) No 380/2008 , lays down a uniform format for residence permits for third-country nationals .

During the discussions, it became clear that Member States were not in favour of a completely harmonised document. They insisted on maintaining the list of ‘updated’ additional security features, which could be added to a common ‘uniform’ format if desired. They did not wish to change their systems but preferred to continue with a common ‘uniform’ card with an improved level of security and an updated list of optional (national) security features.

‘Uniformity’ only meant having a uniform design and some standard security features, to which optional national security features could be added.

Therefore, it is necessary to establish a new common design for residence permits for third-country nationals with more modern security features in order to render the residence permits more secure and prevent forgery.

CONTENT: this proposal seeks to replace the Annex to Regulation (EC) 1030/2002 by a new technical Annex containing the image and the general description of the new residence permit.

Transitional period and implementation : to allow existing stocks to be used up, provision is made for a transitional period of six months during which Member States can still use the old residence permits.

It is also provided that Member States must introduce the new residence permits nine months after the Commission adopts an implementing decision on the supplementary technical specifications.