2024/0187(CNS) | [ParlTrack]

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2024/0187(CNS) Security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members
Next event: Indicative plenary sitting date 2025/04/01

Progress: Awaiting committee decision

Role	Committee	Rapporteur	Shadows
Lead	LIBE	AZMANI Malik ( Renew)	TEODORESCU MÅWE Alice ( EPP), ASSIS Francisco ( S&D), VANNACCI Roberto ( PfE), KANKO Assita ( ECR), STROLENBERG Anna ( Greens/EFA), GALÁN Estrella ( The Left)

Lead committee dossier:

LIBE/10/00775

Legal Basis:

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Subjects

Events

2025/04/01

Indicative plenary sitting date

2024/12/20

Council of the EU - Supplementary legislative basic document

Documents

16877/2024

2024/12/13

European Parliament - Amendments tabled in committee

Documents

PE766.918

2024/11/21

EP - AZMANI Malik (Renew) appointed as rapporteur in LIBE

2024/11/19

European Parliament - Committee draft report

Documents

PE766.606

2024/10/21

EP - Committee referral announced in Parliament

2024/10/03

IT_CHAMBER - Contribution

Documents

COM(2024)0316

2024/07/23

European Commission - Legislative proposal

Details

PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.

PROPOSED ACT: Council Regulation.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.

On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021.

In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure.

While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”.

CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects:

- the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden;

- the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago;

- the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application;

- the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data;

- the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply;

- the addition of recitals to reflect the respective opt-outs of Ireland and Denmark;

- a new consultation of the European Data Protection Supervisor will be carried out;

- a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023;

- adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies;

- reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed;

- reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

Legislative proposal

Documents

COM(2024)0316
Go to the pageEur-Lex

2024/07/23

EC - Legislative proposal published

Details

PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.

PROPOSED ACT: Council Regulation.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021.

- the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden;

- the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago;

- the addition of recitals to reflect the respective opt-outs of Ireland and Denmark;

- a new consultation of the European Data Protection Supervisor will be carried out;

- a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023;

Legislative proposal

Documents

COM(2024)0316
Go to the page Eur-Lex

Documents

Supplementary legislative basic document: 16877/2024
Amendments tabled in committee: PE766.918
Committee draft report: PE766.606
Contribution: COM(2024)0316
Legislative proposal: COM(2024)0316
Legislative proposal: Go to the pageEur-Lex
Legislative proposal published: COM(2024)0316
Legislative proposal published: Go to the page Eur-Lex
Committee draft report: PE766.606
Amendments tabled in committee: PE766.918
Supplementary legislative basic document: 16877/2024
Legislative proposal: COM(2024)0316 Go to the pageEur-Lex
Contribution: COM(2024)0316

Amendments	Dossier
39	2024/0187(CNS) 2024/12/16 LIBE 39 amendments... Amendment 1 # Milan UHRÍK, Ewa ZAJĄCZKOWSKA-HERNIK, Mary KHAN Proposal for a regulation Recital 16 (16) The storage of a facial image and two fingerprints (‘biometric data’) on identity and residence cards~~, as already provided for in respect of biometric passports for Union citizens and residence permits for third-country nationals, repres~~ does not represent an appropriate combination of reliable identification and authentication with a reduced risk of fraud, for the purpose of strengthening the security of identity and residence cards. It is a too strong violation of the right to privacy of the citizents ain ~~appropriate combination of reliable identification and authentication with a reduced risk of fraud, for the purpose of strengthening the security of identity and residence cards. As~~favor of ever increased possibilities for state control. It also is too big of a risk for cybercriminality: if those fingerprints are stolen from the storage medium on the identity card, they can be used worldwide for all kinds of identity- related fraud and theft. And as they are unique and cannot be changed, the theft of these fingerprints would form a life- long risk for the citizen who is the victim of it. Even if the Court of Justice confirmed, strictly juridical, that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protection of personal data as guaranteed in Articles 7 and 8 of the Charter, there are other values at stake here, such as a fundamental choice for the privacy of the citizens over ever increasing possibilities for state control, and the strict avoiding of new forms of cybercrime. Amendment 10 # Tomáš ZDECHOVSKÝ Proposal for a regulation Recital 25 a (new) (25 a) Qualified staff should receive mandatory training on best practices for collecting biometric identifiers from children and vulnerable persons, ensuring sensitivity to gender and age-specific needs while respecting the dignity of all individuals. Amendment 11 # Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Nikola BARTŮŠEK, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET Proposal for a regulation Recital 26 (26) Where difficulties are encountered in the collection of biometric identifiers, Member States should ensure that appropriate procedures are in place to respect the dignity of the person concerned. Therefore, specific considerations relating to ~~gender and to~~ the specific needs of children and of vulnerable persons should be taken into account. Amendment 12 # Paolo INSELVINI, Alessandro CIRIANI Proposal for a regulation Recital 26 (26) Where difficulties are encountered in the collection of biometric identifiers, Member States should ensure that appropriate procedures are in place to respect the dignity of the person concerned. Therefore, specific considerations relating to ~~gender~~the sex and to the specific needs of children and of vulnerable persons should be taken into account. Amendment 13 # Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET Proposal for a regulation Recital 28 (28) A distinguishing sign in the form of the two-letter country code of the Member State issuing the document~~, printed in negative in a blue rectangle and encircled by 12 yellow stars,~~ facilitates the visual inspection of the document, in particular when the holder is exercising the right of free movement. Amendment 14 # Tomáš ZDECHOVSKÝ Proposal for a regulation Recital 32 a (new) (32 a) In support of this objective, the Commission, in cooperation with the Member States, should ensure the harmonization of electronic identification systems and the integration of cross- border e-government services. Those measures should enhance the usability and accessibility of identity cards for all Union citizens while maintaining seamless functionality and full interoperability across all Member States. Amendment 15 # Malik AZMANI Proposal for a regulation Recital 43 (43) The Commission should report on the implementation of this Regulation two years, and 11 years, respectively, after the date of its application, including on the appropriateness of the level of security, taking into account its impact on fundamental rights and data protection principles. In accordance with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making9 , the Commission should, ~~no sooner than~~ six years after the date of application of this Regulation, and every six years thereafter, carry out an evaluation of this Regulation, including on the basis of information gathered through specific monitoring arrangements, in order to assess the actual effects of this Regulation and the need for any further action. For the purpose of monitoring, Member States should collect statistics on the number of identity cards and residence documents which they issued. _________________ 9 OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2 016/512/oj. Amendment 16 # Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Nikola BARTŮŠEK, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2 ~~By way of derogation from the first subparagraph, the document number may be inserted in zone I and the designation of a person’s gender shall be optional.~~deleted Amendment 17 # Nadine MORANO Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2 By way of derogation from the first subparagraph, the document number may be inserted in zone I ~~and the designation of a person’s gender shall be optional~~. Amendment 18 # Paolo INSELVINI, Alessandro CIRIANI Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2 By way of derogation from the first subparagraph, the document number may be inserted in zone I and the designation of a person’s ~~gender~~sex shall be optional. Amendment 19 # Alessandro ZAN, Krzysztof ŚMISZEK, Emma RAFOWICZ, Evin INCIR, Cecilia STRADA, Pina PICIERNO Proposal for a regulation Article 3 – paragraph 2 – subparagraph 2 By way of derogation from the first subparagraph, the document number may be inserted in zone I and the designation of a person’s gender shall be optional. Where a Member State includes a person’s gender on a document covered by this Regulation, the specifications of ICAO Document 9303 ‘F’, ‘M’ or ‘X’ or the corresponding single initial used in the official language or languages of that Member State shall be used, as appropriate. Amendment 2 # Francisco ASSIS, Krzysztof ŚMISZEK, Ana Catarina MENDES, Marco TARQUINIO, Emma RAFOWICZ, Alessandro ZAN Proposal for a regulation Recital 19 (19) This Regulation does not provide a legal basis for setting up or maintaining databases at national level for the storage of biometric data in Member States. Moreover, wthich is a matter of national law that needs to comply with Union law regarding data protection, including its necessity and proportionality requirements. Moreover, this Regulation does not provide a legal basis for setting up or maintaining a centralised database ats Regulation does not provide a legal basis for setting up or maintaining a centralised database at Union level. Biometric data processed for the purpose of this Regulation should not be processed for any other purposes, and should not be stored in national or Union level databases. Amendment 20 # Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET Proposal for a regulation Article 3 – paragraph 4 4. The identity card shall contain, on the front side, the two-letter country code of the Member State issuing the card~~, printed in negative in a blue rectangle and encircled by 12 yellow stars~~. Amendment 21 # Milan UHRÍK, Ewa ZAJĄCZKOWSKA-HERNIK, Mary KHAN Proposal for a regulation Article 3 – paragraph 5 5. Identity cards shall include a highly secure storage medium which shall contain a facial image of the holder of the card ~~and two fingerprints~~ in interoperable digital formats. For the capture of biometric identifiers, Member States shall apply the technical specifications as established by Commission Implementing Decision C(2018) 776712 as amended by Commission Implementing Decision C(2021) 372613 . _________________ 12 Commission Implementing Decision C(2018) 7767 of 30 November 2018 laying down the technical specifications for the uniform format for residence permits for third country nationals and repealing Decision C(2002) 3069. 13 Commission Implementing Decision C(2021) 3726 of 4 June 2021 amending Annex III to Implementing Decision C(2018) 7767 as regards the list of normative references. Amendment 22 # Estrella GALÁN Proposal for a regulation Article 3 – paragraph 7 – subparagraph 1 Children under the age of 12 years ~~may~~shall be exempt from the requirement to give fingerprints. Amendment 23 # Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Nikola BARTŮŠEK, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET Proposal for a regulation Article 6 – paragraph 1 – point e a (new) (e a) sex of the holder Amendment 24 # Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET Proposal for a regulation Article 6 – paragraph 1 – point h (h) on the front-side, the two-letter country code of the Member State issuing the document~~, printed in negative in a blue rectangle and encircled by twelve yellow stars~~. Amendment 25 # Estrella GALÁN Proposal for a regulation Article 10 – paragraph 3 3. ~~Other than where required for the purpose of processing in accordance with Union and national law,~~The biometric identifiers stored for the purpose of personalisation of identity cards or residence documents shall be processed exclusively for that purpose and shall be kept in a highly secure manner and only until the date of collection of the document and, in any case, no longer than 90 days from the date of issue. After this period, these biometric identifiers shall be immediately erased or destroyed. Amendment 26 # Anna STROLENBERG Proposal for a regulation Article 10 – paragraph 3 3. ~~Other than where required for the purpose of processing in accordance with Union and national law, b~~Biometric identifiers stored for the purpose of personalisation of identity cards or residence documents shall be processed exclusively for that purpose. They shall be kept in a highly secure manner and only until the date of collection of the document and, in any case, no longer than 90 days from the date of issue. After this period, these biometric identifiers shall be immediately erased or destroyed. Amendment 27 # Francisco ASSIS, Krzysztof ŚMISZEK, Ana Catarina MENDES, Marco TARQUINIO, Emma RAFOWICZ, Alessandro ZAN Proposal for a regulation Article 10 – paragraph 3 3. ~~Other than where required for the purpose of processing in accordance with Union and national law, b~~Biometric identifiers stored for the purpose of personalisation of identity cards or residence documents shall be processed exclusively for that purpose and shall be kept in a highly secure manner and only until the date of collection of the document and, in any case, no longer than 90 days from the date of issue. After this period, these biometric identifiers shall be immediately erased or destroyed. Amendment 28 # Tomáš ZDECHOVSKÝ Proposal for a regulation Article 11 – paragraph 4 4. Cooperation with external service providers shall not exclude any liability on the part of a Member State ~~which may arise under~~. Member States shall ensure that all external providers comply with Union orand national ~~law in respect of breaches of obligations with regard to personal data~~data protection law, and additional measures should be adopted to prevent any unauthorized access or misuse of personal data during outsourced processes. Amendment 29 # Estrella GALÁN Proposal for a regulation Article 11 – paragraph 6 – subparagraph 1 – introductory part Biometric data stored in the storage medium of identity cards and residence documents shall only be used in accordance with Union and national law, by the duly authorised staff of competent national authorities and Union agencies, for the purpose of verifying: Amendment 3 # Anna STROLENBERG Proposal for a regulation Recital 19 (19) This Regulation does not provide a legal basis for setting up or maintaining databases at national level for the storage of biometric data in Member States. Moreover, wthich is a matter of national law that needs to comply with Union law regarding data protection, including its necessity and proportionality requirements. Moreover, this Regulation does not provide a legal basis for setting up or maintaining a centralised database ats Regulation does not provide a legal basis for setting up or maintaining a centralised database at Union level. Biometric data processed for the purpose of this Regulation should not be processed for any other purposes, and should not be stored in national or Union level databases. Amendment 30 # Estrella GALÁN Proposal for a regulation Article 11 – paragraph 6 – subparagraph 2 ~~The two fingerprints stored in the storage medium shall only be accessed by duly authorised staff of competent national authorities and Union agencies.~~deleted Amendment 31 # Anna STROLENBERG Proposal for a regulation Article 11 – paragraph 6 – subparagraph 2 The ~~two fingerprints~~biometric data stored in the storage medium shall only be accessed by duly authorised staff of competent national authorities and Union agencies. Amendment 32 # Estrella GALÁN Proposal for a regulation Article 11 – paragraph 6 – subparagraph 2 a (new) Member States shall maintain, and communicate annually to the Commission, a list of the competent national authorities with access to the biometric data stored in the storage medium referred to in Article 3(5). The Commission shall publish online a compilation of such national lists. Amendment 33 # Estrella GALÁN Proposal for a regulation Article 13 – title EReporting and evaluation Amendment 34 # Estrella GALÁN Proposal for a regulation Article 13 – paragraph 1 – introductory part 1. ~~No sooner than [s~~Two years, and 11 years, respectively, after the date of application of this Regulation, the Commission shall report to the European Parliament, to the Council and to the European Economic and Social Committee on the implementation of this Regulation, in particular on the protection of fundamental rights and personal data. Six years after the entry into force of this Regulation], and every subsequent six years, the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, to the Council and to the European Economic and Social Committee. The report shall in particular focus on: Amendment 35 # Malik AZMANI Proposal for a regulation Article 13 – paragraph 1 – introductory part 1. ~~No sooner than [s~~Two years, and 11 years, respectively, after the date of application of this Regulation, the Commision shall report the European Parliament and to the Counil on the implementation of this Regulation, in particular on the protection of fundamental rights and personal data. Six years after the entry into force of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, to the Council and to the European Economic and Social Committee. The report shall in particular focus on: Amendment 36 # Francisco ASSIS, Krzysztof ŚMISZEK, Ana Catarina MENDES, Marco TARQUINIO, Emma RAFOWICZ, Alessandro ZAN Proposal for a regulation Article 13 – paragraph 1 – introductory part 1. ~~No sooner~~ Withain [six years after the entry into force of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, to the Council and to the European Economic and Social Committee. The report shall in particular focus on: Amendment 37 # Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Nikola BARTŮŠEK, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET Proposal for a regulation Article 13 – paragraph 1 – point a ~~(a) the impact of this Regulation on fundamental rights;~~deleted Amendment 38 # Malik AZMANI Proposal for a regulation Article 13 – paragraph 1 – point d a (new) (d a) the necessity of introducing common security features of identification documents used on a provisional basis in view of their better recognition. Amendment 39 # Estrella GALÁN Proposal for a regulation Article 13 – paragraph 1 – point d a (new) (d a) a possible use of residence cards as travel documents. Amendment 4 # Estrella GALÁN Proposal for a regulation Recital 19 (19) This Regulation does not provide a legal basis for setting up or maintaining databases at national level for the storage of biometric data in Member States. Moreover, wthich is a matter of national law that needs to comply with Union law regarding data protection, including its necessity and proportionality requirements. Moreover, this Regulation does not provide a legal basis for setting up or maintaining a centralised database ats Regulation does not provide a legal basis for setting up or maintaining a centralised database at Union level. Biometric data processed for the purpose of this Regulation should not be processed for any other purposes, and should not be stored in national or Union level databases. Amendment 5 # Estrella GALÁN Proposal for a regulation Recital 20 (20) Biometric identifiers should be collected and stored in the storage medium of identity cards and residence documents for the purposes of verifying the authenticity of the document and the identity of the holder. Given the electronic signature on the storage medium of identity cards, identifying the holder by means of the storage medium, which contains the same biographic data as printed on the document, is more reliable than a visual check of the document. Union citizens should thus be allowed to use the data stored in the storage medium of their identity card to identify themselves towards private entities. However, the verification of the fingerprints stored on the storage medium should only be carried out by duly authorised staff and only when the document is required to be produced by lawSuch a verification should only be carried out by duly authorised staff and only when the document is required to be produced by law. Moreover, biometric data stored for the purpose of the personalisation of identity cards or residence documents should be kept in a highly secure manner and only until the date of collection of the document and, in any case, no longer than 90 days from the date of issue of the document. After that period, those biometric data should be immediately erased or destroyed. This should be without prejudice to any other processing of those data in accordance with Union and national law regarding data protection. Amendment 6 # Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Nikola BARTŮŠEK, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET Proposal for a regulation Recital 22 (22) The specifications of ICAO Document 9303, which ensure global interoperability including in relation to machine readability and use of visual inspection, should be t~~aken into account~~he benchmark for the purpose of this Regulation. Amendment 7 # Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Fabrice LEGGERI, András LÁSZLÓ, Tom VANDENDRIESSCHE, Matthieu VALET Proposal for a regulation Recital 23 (23) Member States should ~~be able to decide whether to~~ include a person’s ~~gender~~sex on a document covered by this Regulation. Where a Member State includes a person’s gender on such a document, the specifications of ICAO Document 9303 ‘F’, ‘M’ or ‘X’ or the corresponding single initial used in the language or languages of that Member Stat, according to the specifications of ICAO Document 9303. Displaying the holder's sex enables documents to be used more effectively to identify the should ~~be used, as appropriat~~er. Amendment 8 # Paolo INSELVINI, Alessandro CIRIANI Proposal for a regulation Recital 23 (23) Member States should be able to decide whether to include a person’s ~~gender~~sex on a document covered by this Regulation. Where a Member State includes a person’s ~~gender~~sex on such a document, the specifications ~~of ICAO Document 9303 ‘F’, ‘M~~‘F’ or ‘XM’ or the corresponding single initial used in the language or languages of that Member State should be used, as appropriate. Amendment 9 # Alessandro ZAN, Krzysztof ŚMISZEK, Emma RAFOWICZ, Evin INCIR, Cecilia STRADA, Pina PICIERNO Proposal for a regulation Recital 23 (23) Member States should be able to decide whether to include a person’s gender on a document covered by this Regulation. Where a Member State includes a person’s gender on such a document, the specifications of ICAO Document 9303 ‘F’, ‘M’ or ‘X’ or the corresponding single initial used in the language or languages of that Member State should be used, as appropriate., according to the case law of the Court of Justice1a. _________________ 1a Judgment of the Court of Justice of 4 October 2024, Mirin, C-4/23, ECLI:EU:C:2024:845 source: 766.918

Amendments

Dossier

2024/0187(CNS)

2024/12/16 LIBE 39 amendments...

Amendment 1 #

Milan UHRÍK, Ewa ZAJĄCZKOWSKA-HERNIK, Mary KHAN

Proposal for a regulation
Recital 16

(16) The storage of a facial image and two fingerprints (‘biometric data’) on identity and residence cards~~, as already provided for in respect of biometric passports for Union citizens and residence permits for third-country nationals, repres~~ does not represent an appropriate combination of reliable identification and authentication with a reduced risk of fraud, for the purpose of strengthening the security of identity and residence cards. It is a too strong violation of the right to privacy of the citizents ain ~~appropriate combination of reliable identification and authentication with a reduced risk of fraud, for the purpose of strengthening the security of identity and residence cards. As~~favor of ever increased possibilities for state control. It also is too big of a risk for cybercriminality: if those fingerprints are stolen from the storage medium on the identity card, they can be used worldwide for all kinds of identity- related fraud and theft. And as they are unique and cannot be changed, the theft of these fingerprints would form a life- long risk for the citizen who is the victim of it. Even if the Court of Justice confirmed, strictly juridical, that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protection of personal data as guaranteed in Articles 7 and 8 of the Charter, there are other values at stake here, such as a fundamental choice for the privacy of the citizens over ever increasing possibilities for state control, and the strict avoiding of new forms of cybercrime.

Amendment 10 #

Tomáš ZDECHOVSKÝ

Proposal for a regulation
Recital 25 a (new)

(25 a) Qualified staff should receive mandatory training on best practices for collecting biometric identifiers from children and vulnerable persons, ensuring sensitivity to gender and age-specific needs while respecting the dignity of all individuals.

Amendment 11 #

Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Nikola BARTŮŠEK, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET

Proposal for a regulation
Recital 26

(26) Where difficulties are encountered in the collection of biometric identifiers, Member States should ensure that appropriate procedures are in place to respect the dignity of the person concerned. Therefore, specific considerations relating to ~~gender and to~~ the specific needs of children and of vulnerable persons should be taken into account.

Amendment 12 #

Paolo INSELVINI, Alessandro CIRIANI

Proposal for a regulation
Recital 26

(26) Where difficulties are encountered in the collection of biometric identifiers, Member States should ensure that appropriate procedures are in place to respect the dignity of the person concerned. Therefore, specific considerations relating to ~~gender~~the sex and to the specific needs of children and of vulnerable persons should be taken into account.

Amendment 13 #

Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET

Proposal for a regulation
Recital 28

(28) A distinguishing sign in the form of the two-letter country code of the Member State issuing the document~~, printed in negative in a blue rectangle and encircled by 12 yellow stars,~~ facilitates the visual inspection of the document, in particular when the holder is exercising the right of free movement.

Amendment 14 #

Tomáš ZDECHOVSKÝ

Proposal for a regulation
Recital 32 a (new)

(32 a) In support of this objective, the Commission, in cooperation with the Member States, should ensure the harmonization of electronic identification systems and the integration of cross- border e-government services. Those measures should enhance the usability and accessibility of identity cards for all Union citizens while maintaining seamless functionality and full interoperability across all Member States.

Amendment 15 #

Malik AZMANI

Proposal for a regulation
Recital 43

(43) The Commission should report on the implementation of this Regulation two years, and 11 years, respectively, after the date of its application, including on the appropriateness of the level of security, taking into account its impact on fundamental rights and data protection principles. In accordance with the Interinstitutional Agreement of 13 April 2016 on Better Law-Making9 , the Commission should, ~~no sooner than~~ six years after the date of application of this Regulation, and every six years thereafter, carry out an evaluation of this Regulation, including on the basis of information gathered through specific monitoring arrangements, in order to assess the actual effects of this Regulation and the need for any further action. For the purpose of monitoring, Member States should collect statistics on the number of identity cards and residence documents which they issued. _________________ 9 OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2 016/512/oj.

Amendment 16 #

Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Nikola BARTŮŠEK, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2

~~By way of derogation from the first subparagraph, the document number may be inserted in zone I and the designation of a person’s gender shall be optional.~~deleted

Amendment 17 #

Nadine MORANO

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2

By way of derogation from the first subparagraph, the document number may be inserted in zone I ~~and the designation of a person’s gender shall be optional~~.

Amendment 18 #

Paolo INSELVINI, Alessandro CIRIANI

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2

By way of derogation from the first subparagraph, the document number may be inserted in zone I and the designation of a person’s ~~gender~~sex shall be optional.

Amendment 19 #

Alessandro ZAN, Krzysztof ŚMISZEK, Emma RAFOWICZ, Evin INCIR, Cecilia STRADA, Pina PICIERNO

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2

By way of derogation from the first subparagraph, the document number may be inserted in zone I and the designation of a person’s gender shall be optional. Where a Member State includes a person’s gender on a document covered by this Regulation, the specifications of ICAO Document 9303 ‘F’, ‘M’ or ‘X’ or the corresponding single initial used in the official language or languages of that Member State shall be used, as appropriate.

Amendment 2 #

Francisco ASSIS, Krzysztof ŚMISZEK, Ana Catarina MENDES, Marco TARQUINIO, Emma RAFOWICZ, Alessandro ZAN

Proposal for a regulation
Recital 19

(19) This Regulation does not provide a legal basis for setting up or maintaining databases at national level for the storage of biometric data in Member States. Moreover, wthich is a matter of national law that needs to comply with Union law regarding data protection, including its necessity and proportionality requirements. Moreover, this Regulation does not provide a legal basis for setting up or maintaining a centralised database ats Regulation does not provide a legal basis for setting up or maintaining a centralised database at Union level. Biometric data processed for the purpose of this Regulation should not be processed for any other purposes, and should not be stored in national or Union level databases.

Amendment 20 #

Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET

Proposal for a regulation
Article 3 – paragraph 4

4. The identity card shall contain, on the front side, the two-letter country code of the Member State issuing the card~~, printed in negative in a blue rectangle and encircled by 12 yellow stars~~.

Amendment 21 #

Milan UHRÍK, Ewa ZAJĄCZKOWSKA-HERNIK, Mary KHAN

Proposal for a regulation
Article 3 – paragraph 5

5. Identity cards shall include a highly secure storage medium which shall contain a facial image of the holder of the card ~~and two fingerprints~~ in interoperable digital formats. For the capture of biometric identifiers, Member States shall apply the technical specifications as established by Commission Implementing Decision C(2018) 776712 as amended by Commission Implementing Decision C(2021) 372613 . _________________ 12 Commission Implementing Decision C(2018) 7767 of 30 November 2018 laying down the technical specifications for the uniform format for residence permits for third country nationals and repealing Decision C(2002) 3069. 13 Commission Implementing Decision C(2021) 3726 of 4 June 2021 amending Annex III to Implementing Decision C(2018) 7767 as regards the list of normative references.

Amendment 22 #

Estrella GALÁN

Proposal for a regulation
Article 3 – paragraph 7 – subparagraph 1

Children under the age of 12 years ~~may~~shall be exempt from the requirement to give fingerprints.

Amendment 23 #

Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Nikola BARTŮŠEK, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET

Proposal for a regulation
Article 6 – paragraph 1 – point e a (new)

(e a) sex of the holder

Amendment 24 #

Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET

Proposal for a regulation
Article 6 – paragraph 1 – point h

(h) on the front-side, the two-letter country code of the Member State issuing the document~~, printed in negative in a blue rectangle and encircled by twelve yellow stars~~.

Amendment 25 #

Estrella GALÁN

Proposal for a regulation
Article 10 – paragraph 3

3. ~~Other than where required for the purpose of processing in accordance with Union and national law,~~The biometric identifiers stored for the purpose of personalisation of identity cards or residence documents shall be processed exclusively for that purpose and shall be kept in a highly secure manner and only until the date of collection of the document and, in any case, no longer than 90 days from the date of issue. After this period, these biometric identifiers shall be immediately erased or destroyed.

Amendment 26 #

Anna STROLENBERG

Proposal for a regulation
Article 10 – paragraph 3

3. ~~Other than where required for the purpose of processing in accordance with Union and national law, b~~Biometric identifiers stored for the purpose of personalisation of identity cards or residence documents shall be processed exclusively for that purpose. They shall be kept in a highly secure manner and only until the date of collection of the document and, in any case, no longer than 90 days from the date of issue. After this period, these biometric identifiers shall be immediately erased or destroyed.

Amendment 27 #

Francisco ASSIS, Krzysztof ŚMISZEK, Ana Catarina MENDES, Marco TARQUINIO, Emma RAFOWICZ, Alessandro ZAN

Proposal for a regulation
Article 10 – paragraph 3

3. ~~Other than where required for the purpose of processing in accordance with Union and national law, b~~Biometric identifiers stored for the purpose of personalisation of identity cards or residence documents shall be processed exclusively for that purpose and shall be kept in a highly secure manner and only until the date of collection of the document and, in any case, no longer than 90 days from the date of issue. After this period, these biometric identifiers shall be immediately erased or destroyed.

Amendment 28 #

Tomáš ZDECHOVSKÝ

Proposal for a regulation
Article 11 – paragraph 4

4. Cooperation with external service providers shall not exclude any liability on the part of a Member State ~~which may arise under~~. Member States shall ensure that all external providers comply with Union orand national ~~law in respect of breaches of obligations with regard to personal data~~data protection law, and additional measures should be adopted to prevent any unauthorized access or misuse of personal data during outsourced processes.

Amendment 29 #

Estrella GALÁN

Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 1 – introductory part

Biometric data stored in the storage medium of identity cards and residence documents shall only be used in accordance with Union and national law, by the duly authorised staff of competent national authorities and Union agencies, for the purpose of verifying:

Amendment 3 #

Anna STROLENBERG

Proposal for a regulation
Recital 19

Amendment 30 #

Estrella GALÁN

Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 2

~~The two fingerprints stored in the storage medium shall only be accessed by duly authorised staff of competent national authorities and Union agencies.~~deleted

Amendment 31 #

Anna STROLENBERG

Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 2

The ~~two fingerprints~~biometric data stored in the storage medium shall only be accessed by duly authorised staff of competent national authorities and Union agencies.

Amendment 32 #

Estrella GALÁN

Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 2 a (new)

Member States shall maintain, and communicate annually to the Commission, a list of the competent national authorities with access to the biometric data stored in the storage medium referred to in Article 3(5). The Commission shall publish online a compilation of such national lists.

Amendment 33 #

Estrella GALÁN

Proposal for a regulation
Article 13 – title

EReporting and evaluation

Amendment 34 #

Estrella GALÁN

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. ~~No sooner than [s~~Two years, and 11 years, respectively, after the date of application of this Regulation, the Commission shall report to the European Parliament, to the Council and to the European Economic and Social Committee on the implementation of this Regulation, in particular on the protection of fundamental rights and personal data. Six years after the entry into force of this Regulation], and every subsequent six years, the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, to the Council and to the European Economic and Social Committee. The report shall in particular focus on:

Amendment 35 #

Malik AZMANI

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. ~~No sooner than [s~~Two years, and 11 years, respectively, after the date of application of this Regulation, the Commision shall report the European Parliament and to the Counil on the implementation of this Regulation, in particular on the protection of fundamental rights and personal data. Six years after the entry into force of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, to the Council and to the European Economic and Social Committee. The report shall in particular focus on:

Amendment 36 #

Francisco ASSIS, Krzysztof ŚMISZEK, Ana Catarina MENDES, Marco TARQUINIO, Emma RAFOWICZ, Alessandro ZAN

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. ~~No sooner~~ Withain [six years after the entry into force of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, to the Council and to the European Economic and Social Committee. The report shall in particular focus on:

Amendment 37 #

Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Nikola BARTŮŠEK, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET

Proposal for a regulation
Article 13 – paragraph 1 – point a

~~(a) the impact of this Regulation on fundamental rights;~~deleted

Amendment 38 #

Malik AZMANI

Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)

(d a) the necessity of introducing common security features of identification documents used on a provisional basis in view of their better recognition.

Amendment 39 #

Estrella GALÁN

Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)

(d a) a possible use of residence cards as travel documents.

Amendment 4 #

Estrella GALÁN

Proposal for a regulation
Recital 19

Amendment 5 #

Estrella GALÁN

Proposal for a regulation
Recital 20

(20) Biometric identifiers should be collected and stored in the storage medium of identity cards and residence documents for the purposes of verifying the authenticity of the document and the identity of the holder. Given the electronic signature on the storage medium of identity cards, identifying the holder by means of the storage medium, which contains the same biographic data as printed on the document, is more reliable than a visual check of the document. Union citizens should thus be allowed to use the data stored in the storage medium of their identity card to identify themselves towards private entities. However, the verification of the fingerprints stored on the storage medium should only be carried out by duly authorised staff and only when the document is required to be produced by lawSuch a verification should only be carried out by duly authorised staff and only when the document is required to be produced by law. Moreover, biometric data stored for the purpose of the personalisation of identity cards or residence documents should be kept in a highly secure manner and only until the date of collection of the document and, in any case, no longer than 90 days from the date of issue of the document. After that period, those biometric data should be immediately erased or destroyed. This should be without prejudice to any other processing of those data in accordance with Union and national law regarding data protection.

Amendment 6 #

Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Nikola BARTŮŠEK, Fabrice LEGGERI, Tom VANDENDRIESSCHE, Matthieu VALET

Proposal for a regulation
Recital 22

(22) The specifications of ICAO Document 9303, which ensure global interoperability including in relation to machine readability and use of visual inspection, should be t~~aken into account~~he benchmark for the purpose of this Regulation.

Amendment 7 #

Roberto VANNACCI, António TÂNGER CORRÊA, Susanna CECCARDI, Anna Maria CISINT, Fabrice LEGGERI, András LÁSZLÓ, Tom VANDENDRIESSCHE, Matthieu VALET

Proposal for a regulation
Recital 23

(23) Member States should ~~be able to decide whether to~~ include a person’s ~~gender~~sex on a document covered by this Regulation. Where a Member State includes a person’s gender on such a document, the specifications of ICAO Document 9303 ‘F’, ‘M’ or ‘X’ or the corresponding single initial used in the language or languages of that Member Stat, according to the specifications of ICAO Document 9303. Displaying the holder's sex enables documents to be used more effectively to identify the should ~~be used, as appropriat~~er.

Amendment 8 #

Paolo INSELVINI, Alessandro CIRIANI

Proposal for a regulation
Recital 23

(23) Member States should be able to decide whether to include a person’s ~~gender~~sex on a document covered by this Regulation. Where a Member State includes a person’s ~~gender~~sex on such a document, the specifications ~~of ICAO Document 9303 ‘F’, ‘M~~‘F’ or ‘XM’ or the corresponding single initial used in the language or languages of that Member State should be used, as appropriate.

Amendment 9 #

Alessandro ZAN, Krzysztof ŚMISZEK, Emma RAFOWICZ, Evin INCIR, Cecilia STRADA, Pina PICIERNO

Proposal for a regulation
Recital 23

(23) Member States should be able to decide whether to include a person’s gender on a document covered by this Regulation. Where a Member State includes a person’s gender on such a document, the specifications of ICAO Document 9303 ‘F’, ‘M’ or ‘X’ or the corresponding single initial used in the language or languages of that Member State should be used, as appropriate., according to the case law of the Court of Justice1a. _________________ 1a Judgment of the Court of Justice of 4 October 2024, Mirin, C-4/23, ECLI:EU:C:2024:845

source: 766.918

History

(these mark the time of scraping, not the official date of the change)

2025-01-07Show (1) Changes | Timetravel

docs/2

date: 2024-12-20T00:00:00

docs: title: 16877/2024

type: Supplementary legislative basic document

body: Council of the EU

2024-12-19Show (1) Changes | Timetravel

docs/1

date: 2024-12-13T00:00:00

docs: url: https://www.europarl.europa.eu/doceo/document/LIBE-AM-766918_EN.html title: PE766.918

type: Amendments tabled in committee

body: European Parliament

2024-12-18Show (11) Changes | Timetravel

committees/0	type Responsible Committee body EP associated False committee_full Civil Liberties, Justice and Home Affairs committee LIBE rapporteur name: AZMANI Malik date: 2024-11-21T00:00:00 group: RE abbr: Renew shadows name: TEODORESCU MÅWE Alice group: European People's Party abbr: EPP name: ASSIS Francisco group: Progressive Alliance of Socialists and Democrats abbr: S&D name: VANNACCI Roberto group: Patriots for Europe abbr: PfE name: KANKO Assita group: European Conservatives and Reformists Group abbr: ECR name: STROLENBERG Anna group: Verts/ALE abbr: Greens/EFA name: GALÁN Estrella group: GUE/NGL abbr: The Left
committees/0	type Responsible Committee body EP committee_full Civil Liberties, Justice and Home Affairs committee LIBE associated False
docs/0	date 2024-11-19T00:00:00 docs url: https://www.europarl.europa.eu/doceo/document/LIBE-PR-766606_EN.html title: PE766.606 type Committee draft report body European Parliament
docs/0	date 2024-07-23T00:00:00 docs url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex type Preparatory document body EC
docs/1	date 2024-07-23T00:00:00 docs url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: Go to the pageEur-Lex summary PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation. Legislative proposal type Legislative proposal body European Commission
docs/2	date 2024-10-03T00:00:00 docs url: https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2024)0316 title: COM(2024)0316 type Contribution body IT_CHAMBER
events/0	date 2024-07-23T00:00:00 type Legislative proposal published body EC docs url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: Go to the page Eur-Lex summary PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation. Legislative proposal
events/0	date 2024-07-23T00:00:00 type Legislative proposal published body EC docs url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex summary PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.
forecasts	date: 2025-04-01T00:00:00 title: Indicative plenary sitting date
procedure/dossier_of_the_committee	Old LIBE/10/00775 New LIBE/10/00775
procedure/legal_basis	Old Treaty on the Functioning of the EU TFEU 077-p3 New Treaty on the Functioning of the EU TFEU 077-p3

2024-10-30Show (4) Changes | Timetravel

committees	type: Responsible Committee body: EP committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE associated: False
events/1	date 2024-10-21T00:00:00 type Committee referral announced in Parliament body EP
procedure/dossier_of_the_committee	LIBE/10/00775
procedure/stage_reached	Old Preparatory phase in Parliament New Awaiting committee decision

2024-10-29Show (4) Changes | Timetravel

committees	type: Responsible Committee body: EP committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE associated: False
events/1	date 2024-10-21T00:00:00 type Committee referral announced in Parliament body EP
procedure/dossier_of_the_committee	LIBE/10/00775
procedure/stage_reached	Old Preparatory phase in Parliament New Awaiting committee decision

2024-10-28Show (4) Changes | Timetravel

committees	type: Responsible Committee body: EP committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE associated: False
events/1	date 2024-10-21T00:00:00 type Committee referral announced in Parliament body EP
procedure/dossier_of_the_committee	LIBE/10/00775
procedure/stage_reached	Old Preparatory phase in Parliament New Awaiting committee decision

2024-10-27Show (4) Changes | Timetravel

committees	type: Responsible Committee body: EP committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE associated: False
events/1	date 2024-10-21T00:00:00 type Committee referral announced in Parliament body EP
procedure/dossier_of_the_committee	LIBE/10/00775
procedure/stage_reached	Old Preparatory phase in Parliament New Awaiting committee decision

2024-10-26Show (4) Changes | Timetravel

committees	type: Responsible Committee body: EP committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE associated: False
events/1	date 2024-10-21T00:00:00 type Committee referral announced in Parliament body EP
procedure/dossier_of_the_committee	LIBE/10/00775
procedure/stage_reached	Old Preparatory phase in Parliament New Awaiting committee decision

2024-10-25Show (4) Changes | Timetravel

committees	type: Responsible Committee body: EP committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE associated: False
events/1	date 2024-10-21T00:00:00 type Committee referral announced in Parliament body EP
procedure/dossier_of_the_committee	LIBE/10/00775
procedure/stage_reached	Old Preparatory phase in Parliament New Awaiting committee decision

2024-10-24Show (4) Changes | Timetravel

committees	type: Responsible Committee body: EP committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE associated: False
events/1	date 2024-10-21T00:00:00 type Committee referral announced in Parliament body EP
procedure/dossier_of_the_committee	LIBE/10/00775
procedure/stage_reached	Old Preparatory phase in Parliament New Awaiting committee decision

2024-10-23Show (3) Changes | Timetravel

events/1	date 2024-10-21T00:00:00 type Committee referral announced in Parliament body EP
procedure/dossier_of_the_committee	LIBE/10/00775
procedure/stage_reached	Old Preparatory phase in Parliament New Awaiting committee decision

2024-10-13Show (2) Changes | Timetravel

events/0

date: 2024-07-23T00:00:00

type: Legislative proposal published

body: EC

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

events/0

date: 2024-07-23T00:00:00

type: Preparatory document

body: EP

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-10-12Show (2) Changes | Timetravel

events/0

date: 2024-07-23T00:00:00

type: Legislative proposal published

body: EC

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

events/0

date: 2024-07-23T00:00:00

type: Preparatory document

body: EP

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-10-11Show (2) Changes | Timetravel

events/0

date: 2024-07-23T00:00:00

type: Legislative proposal published

body: EC

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

events/0

date: 2024-07-23T00:00:00

type: Preparatory document

body: EP

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-10-10Show (2) Changes | Timetravel

events/0

date: 2024-07-23T00:00:00

type: Legislative proposal published

body: EC

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

events/0

date: 2024-07-23T00:00:00

type: Preparatory document

body: EP

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-10-09Show (2) Changes | Timetravel

events/0

date: 2024-07-23T00:00:00

type: Legislative proposal published

body: EC

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

events/0

date: 2024-07-23T00:00:00

type: Preparatory document

body: EP

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-10-08Show (2) Changes | Timetravel

events/0

date: 2024-07-23T00:00:00

type: Legislative proposal published

body: EC

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

events/0

date: 2024-07-23T00:00:00

type: Preparatory document

body: EP

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-10-07Show (2) Changes | Timetravel

events/0

date: 2024-07-23T00:00:00

type: Legislative proposal published

body: EC

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

events/0

date: 2024-07-23T00:00:00

type: Preparatory document

body: EP

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-10-06Show (2) Changes | Timetravel

events/0

date: 2024-07-23T00:00:00

type: Legislative proposal published

body: EC

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

events/0

date: 2024-07-23T00:00:00

type: Preparatory document

body: EP

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-10-05Show (2) Changes | Timetravel

events/0

date: 2024-07-23T00:00:00

type: Legislative proposal published

body: EC

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

events/0

date: 2024-07-23T00:00:00

type: Preparatory document

body: EP

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-10-04Show (2) Changes | Timetravel

events/0

date: 2024-07-23T00:00:00

type: Legislative proposal published

body: EC

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

events/0

date: 2024-07-23T00:00:00

type: Preparatory document

body: EP

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-10-03Show (2) Changes | Timetravel

events/0

date: 2024-07-23T00:00:00

type: Legislative proposal published

body: EC

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

events/0

date: 2024-07-23T00:00:00

type: Preparatory document

body: EP

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-10-02Show (2) Changes | Timetravel

events/0

date: 2024-07-23T00:00:00

type: Legislative proposal published

body: EC

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

events/0

date: 2024-07-23T00:00:00

type: Preparatory document

body: EP

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-10-01Show (2) Changes | Timetravel

events/0

date: 2024-07-23T00:00:00

type: Legislative proposal published

body: EC

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

events/0

date: 2024-07-23T00:00:00

type: Preparatory document

body: EP

docs: url: https://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2024/0316/COM_COM(2024)0316_EN.docx title: COM(2024)0316 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2024&nu_doc=0316 title: EUR-Lex

summary: PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. PROPOSED ACT: Council Regulation. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement. On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021. In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure. While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”. CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects: - the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden; - the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago; - the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application; - the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data; - the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply; - the addition of recitals to reflect the respective opt-outs of Ireland and Denmark; - a new consultation of the European Data Protection Supervisor will be carried out; - a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023; - adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies; - reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed; - reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-09-22Show (2) Changes | Timetravel

commission

body: EC dg: Justice and Consumers commissioner: REYNDERS Didier

events/0/summary

PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
PROPOSED ACT: Council Regulation.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021.
In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure.
While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”.
CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects:
- the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden;
- the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago;
- the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application;
- the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data;
- the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply;
- the addition of recitals to reflect the respective opt-outs of Ireland and Denmark;
- a new consultation of the European Data Protection Supervisor will be carried out;
- a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023;
- adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies;
- reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed;
- reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-09-21Show (2) Changes | Timetravel

commission

body: EC dg: Justice and Consumers commissioner: REYNDERS Didier

events/0/summary

PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
PROPOSED ACT: Council Regulation.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021.
In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure.
While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”.
CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects:
- the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden;
- the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago;
- the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application;
- the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data;
- the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply;
- the addition of recitals to reflect the respective opt-outs of Ireland and Denmark;
- a new consultation of the European Data Protection Supervisor will be carried out;
- a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023;
- adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies;
- reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed;
- reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-09-20Show (2) Changes | Timetravel

commission

body: EC dg: Justice and Consumers commissioner: REYNDERS Didier

events/0/summary

PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
PROPOSED ACT: Council Regulation.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021.
In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure.
While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”.
CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects:
- the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden;
- the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago;
- the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application;
- the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data;
- the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply;
- the addition of recitals to reflect the respective opt-outs of Ireland and Denmark;
- a new consultation of the European Data Protection Supervisor will be carried out;
- a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023;
- adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies;
- reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed;
- reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-09-19Show (2) Changes | Timetravel

commission

body: EC dg: Justice and Consumers commissioner: REYNDERS Didier

events/0/summary

PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
PROPOSED ACT: Council Regulation.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021.
In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure.
While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”.
CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects:
- the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden;
- the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago;
- the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application;
- the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data;
- the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply;
- the addition of recitals to reflect the respective opt-outs of Ireland and Denmark;
- a new consultation of the European Data Protection Supervisor will be carried out;
- a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023;
- adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies;
- reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed;
- reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-09-18Show (2) Changes | Timetravel

commission

body: EC dg: Justice and Consumers commissioner: REYNDERS Didier

events/0/summary

PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
PROPOSED ACT: Council Regulation.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021.
In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure.
While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”.
CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects:
- the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden;
- the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago;
- the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application;
- the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data;
- the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply;
- the addition of recitals to reflect the respective opt-outs of Ireland and Denmark;
- a new consultation of the European Data Protection Supervisor will be carried out;
- a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023;
- adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies;
- reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed;
- reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-09-17Show (2) Changes | Timetravel

commission

body: EC dg: Justice and Consumers commissioner: REYNDERS Didier

events/0/summary

PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
PROPOSED ACT: Council Regulation.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021.
In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure.
While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”.
CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects:
- the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden;
- the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago;
- the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application;
- the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data;
- the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply;
- the addition of recitals to reflect the respective opt-outs of Ireland and Denmark;
- a new consultation of the European Data Protection Supervisor will be carried out;
- a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023;
- adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies;
- reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed;
- reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-09-16Show (2) Changes | Timetravel

commission

body: EC dg: Justice and Consumers commissioner: REYNDERS Didier

events/0/summary

PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
PROPOSED ACT: Council Regulation.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021.
In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure.
While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”.
CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects:
- the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden;
- the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago;
- the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application;
- the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data;
- the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply;
- the addition of recitals to reflect the respective opt-outs of Ireland and Denmark;
- a new consultation of the European Data Protection Supervisor will be carried out;
- a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023;
- adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies;
- reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed;
- reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-09-15Show (2) Changes | Timetravel

commission

body: EC dg: Justice and Consumers commissioner: REYNDERS Didier

events/0/summary

PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
PROPOSED ACT: Council Regulation.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021.
In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure.
While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”.
CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects:
- the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden;
- the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago;
- the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application;
- the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data;
- the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply;
- the addition of recitals to reflect the respective opt-outs of Ireland and Denmark;
- a new consultation of the European Data Protection Supervisor will be carried out;
- a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023;
- adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies;
- reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed;
- reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-09-14Show (2) Changes | Timetravel

commission

body: EC dg: Justice and Consumers commissioner: REYNDERS Didier

events/0/summary

PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
PROPOSED ACT: Council Regulation.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021.
In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure.
While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”.
CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects:
- the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden;
- the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago;
- the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application;
- the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data;
- the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply;
- the addition of recitals to reflect the respective opt-outs of Ireland and Denmark;
- a new consultation of the European Data Protection Supervisor will be carried out;
- a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023;
- adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies;
- reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed;
- reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-09-13Show (2) Changes | Timetravel

commission

body: EC dg: Justice and Consumers commissioner: REYNDERS Didier

events/0/summary

PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
PROPOSED ACT: Council Regulation.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021.
In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure.
While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”.
CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects:
- the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden;
- the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago;
- the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application;
- the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data;
- the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply;
- the addition of recitals to reflect the respective opt-outs of Ireland and Denmark;
- a new consultation of the European Data Protection Supervisor will be carried out;
- a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023;
- adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies;
- reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed;
- reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-09-12Show (2) Changes | Timetravel

commission

body: EC dg: Justice and Consumers commissioner: REYNDERS Didier

events/0/summary

PURPOSE: to strengthen the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
PROPOSED ACT: Council Regulation.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: on 17 April 2018, the Commission adopted, on the basis of Article 21(2) of the Treaty on the Functioning of the European Union (TFEU), a proposal for a Regulation on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement.
On the basis of that proposal, Parliament and the Council adopted Regulation (EU) 2019/1157 which has been in application since 2 August 2021.
In case Landeshauptstadt Wiesbaden, the Court of Justice ruled that Regulation (EU) 2019/1157 is invalid due to it having been adopted erroneously on the basis of Article 21(2) TFEU and under the ordinary legislative procedure.
While declaring Regulation (EU) 2019/1157 invalid, the Court ruled that the “effects of Regulation 2019/1157 are to be maintained until the entry into force, within a reasonable period which may not exceed two years from 1 January of the year following the date of delivery of the present judgment, of a new regulation based on Article 77(3) TFEU and intended to replace it”.
CONTENT: this proposal essentially reproduces the text of Regulation (EU) 2019/1157 as adopted by the Parliament and the Council. Nevertheless, the Commission considers that it is appropriate to adapt the text in certain minor aspects:
- the new legal basis of the Regulation is Article 77(3)TEU (special legislative procedure – Parliament’s consultation) to take account of the ruling in Landeshauptstadt Wiesbaden;
- the suppression, in the recitals of the regulation, of references to policy documents adopted several years ago;
- the suppression of the explicit reference in the recitals to the passport card issued by Ireland, given that Ireland is not taking part in the adoption of the regulation unless it notifies that it wishes to take part in its adoption and application;
- the inclusion in the recitals of the regulation of a reference to the fact that the Court of Justice has ruled that the mandatory inclusion of fingerprints on the storage medium is compatible with the fundamental rights to respect for private life and to protect personal data;
- the adaptation of the recital on the phasing-out of documents not complying with the requirements of the regulation to reflect the fact that the deadlines established by Regulation (EU) 2019/1157 should continue to apply;
- the addition of recitals to reflect the respective opt-outs of Ireland and Denmark;
- a new consultation of the European Data Protection Supervisor will be carried out;
- a provision according to which certain residence cards of family members of Union citizens who are not nationals of a Member State ceased to be valid at their expiry or by 3 August 2023;
- adaptation of Article 11(6) of Regulation (EU) 2019/1157 to state that only fingerprints may be consulted exclusively by duly authorised staff of the competent national authorities and EU authorities and Union agencies;
- reducing reporting obligations for Member State authorities, the obligation to maintain, and communicate annually to the Commission, a list of the competent authorities with access to the biometric data stored on the storage medium is removed;
- reducing reporting obligations for Member State authorities, the rules on reporting and evaluation are streamlined. Instead of evaluating the regulation every six years, a single evaluation will be carried out by the Commission six years after the regulation enters into force, specifically focusing on a number of elements falling within the scope of the regulation.

2024-09-11Show (1) Changes

commission

body: EC dg: Justice and Consumers commissioner: REYNDERS Didier

Progress: Awaiting committee decision

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LIBE/10/00775

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