Regulation (EU) 2023/2685

Contents

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2), point (a) thereof,Having regard to the proposal from the European Commission,After transmission of the draft legislative act to the national parliaments,Having regard to the opinion of the European Economic and Social Committee^note,Acting in accordance with the ordinary legislative procedure^note,Whereas:

(1)The Union’s common visa policy has been an integral part of the establishment of an area without internal borders. It is important that visa policy remain an essential element in helping counter security risks and the risk of irregular migration to the Union, while facilitating tourism and business. To make the Schengen visa application process smoother and more effective for third-country nationals and Member State authorities, it is necessary to allow Schengen visa applications to be lodged online, thereby making full use of recent legal and technological developments.

(2)Visas should be issued in a uniform digital format only, as a 2D barcode, and contain the facial image of the visa holder. The 2D barcode should be cryptographically signed by the Country Signing Certificate Authority of the issuing Member State. Council Regulation (EC) No 1683/95^note should therefore be amended accordingly.

(3)In order to ensure uniform conditions for the implementation of Regulation (EC) No 1683/95, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council^note. The examination procedure should be used for the adoption of the technical specifications of the digital visa.

(4)This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part in accordance with Council Decision 2002/192/EC^note; Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(5)As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis^note which fall within the area referred to in Article 1, point B, of Council Decision 1999/437/EC^note.

(6)As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis^note which fall within the area referred to in Article 1, point B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC^note.

(7)As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis^note which fall within the area referred to in Article 1, point B, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU^note.

(8)As regards Cyprus, and Bulgaria and Romania, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession and of Article 4(1) of the 2005 Act of Accession.

(9)The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council^note and delivered an opinion on 21 June 2022^note,

HAVE ADOPTED THIS REGULATION:

Article 1Amendments to Regulation (EC) No 1683/95#

Regulation (EC) No 1683/95 is amended as follows:

(1)Article 1 is replaced by the following:‘Article 11.Visas issued by the Member States in conformity with Article 5 shall be produced in a uniform digital format (“digital visa”). They shall contain the data fields set out in the Annex.2.The digital visa shall:

(a)be issued as a 2D barcode which shall be cryptographically signed by the Country Signing Certificate Authority of the issuing Member State;

(b)contain the facial image of the visa holder; and

(c)be printable.

3.Member States may add national entries in the “comments” section in accordance with Article 10(1), point (n) of Regulation (EC) No 767/2008 of the European Parliament and of the Council.^note;

(2)Article 2 is replaced by the following:

Article 2Start of issuing visas in digital format#

1.Once the following conditions have been met, the Commission shall adopt a decision, by means of an implementing act, setting the date from which Member States are to issue digital visas pursuant to Regulation (EC) No 1683/95 as amended by this Regulation:

(a)the implementing acts laying down the technical specifications referred to in Article 2(1) of Regulation (EC) No 1683/95 have been adopted;

(b)the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), established by Regulation (EU) 2018/1726 of the European Parliament and of the Council^note has declared the successful completion of comprehensive tests;

(c)eu-LISA has validated the technical and legal arrangements for the start of issuing visas in digital format and notified them to the Commission.

2.The Commission decision referred to in paragraph 1 shall be published in the Official Journal of the European Union.

3.By 1 December 2026 and every year thereafter until the decision of the Commission referred to in paragraph 1 has been adopted, the Commission shall submit a report to the European Parliament and to the Council on the progress with regard to the implementation of this Regulation. That report shall contain detailed information about the costs incurred and information on any risks which impact the overall costs.

Article 3Entry into force and application#

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.It shall apply from the date set by the Commission in accordance with Article 2(1), with the exception of Article 1, point 2, which shall apply from 27 December 2023.

The Annex to Regulation (EC) No 1683/95 is replaced by the following:

‘’.

(1)issuing Member State;

(2)surname, name;

(3)surname at birth;

(4)date of birth;

(5)country and place of birth;

(6)sex;

(7)nationality;

(8)nationality at birth;

(9)type and number of travel document;

(10)issuing authority of the travel document;

(11)date of issue and of expiry of the travel document;

(12)the authority that issued the visa, its location and whether that authority issued the visa on behalf of another Member State;

(13)place and date of the decision to issue the visa;

(14)type of visa;

(15)if applicable, information indicating that the visa has been issued with limited territorial validity pursuant to Article 25(1) of Regulation (EC) No 810/2009;

(16)number of the visa;

(17)the territory in which the visa holder is entitled to travel;

(18)the commencement and expiry date of the validity period of the visa;

(19)the number of entries authorised by the visa in the territory for which the visa is valid;

(20)the duration of the stay as authorised by the visa;

(21)if applicable, the status of the person indicating that the third-country national is a family member of a Union citizen to whom Directive 2004/38/EC of the European Parliament and of the Council^note applies or of a third-country national enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other.

(22)if applicable, the status of the person indicating that the third-country national is a family member of a UK national who is a beneficiary of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community^note in the host State for which the visa application is made;

(23)national entries in the “comments” section;

(24)in addition, for a valid visa confirmed in a new travel document:

—status information indicating that the visa has been confirmed;

—the authority that confirmed the visa and its location;

—place and date of the decision to confirm a valid visa in a new travel document;

—new travel document data, including the number, issuing country and authority, issuing date, expiry date of the new travel document;

—confirmation number;

(25)in addition, for an extended visa:

—status information indicating that the visa has been extended;

—the authority that extended the visa and its location;

—place and date of the decision;

—number of the extended visa;

—the commencement and expiry dates of the extended period;

—period of the extension of the authorised duration of the stay;

—the territory in which the visa holder is entitled to travel, if the territorial validity of the extended visa differs from that of the original visa;

—the type of the visa extended;

(26)the facial image of the visa holder.

Data fields of the digital visa