Date: 2023-12-07Category: Not ApplicableState: Union GovernmentCountry: Europe
Regulation (EU) 2023/2685 of the European Parliament and of the Council of 22 November 2023 amending Council Regulation (EC) No 1683/95 as regards the digitalisation of the visa procedure
Executive Summary:
This regulation amends Regulation EC No 1683/95 to digitalize the visa procedure, allowing online Schengen visa applications and issuing visas in a uniform digital format (2D barcode). It mandates the creation of technical specifications for digital visas by the Commission. The regulation comes into force twenty days after publication, with specific articles having different application dates. The Commission will set the date for Member States to begin issuing digital visas following the fulfillment of certain conditions, and must report annually on implementation progress until that date.
Key Points / Main Content:
Digital Visa Format:
* Visas must be produced in a uniform digital format (digital visa) containing data fields set out in the Annex.
* The digital visa will be issued as a 2D barcode, cryptographically signed by the issuing Member State's Country Signing Certificate Authority.
* The digital visa must contain the visa holder's facial image and be printable.
* Member States can add national entries in the comments section.
Technical Specifications:
* The Commission will adopt implementing acts to establish technical specifications for the digital visa's uniform format.
* These specifications include technical standards and methods for encoding data and facial images, as well as specifications for generating printable versions.
* The Commission may classify these technical specifications as secret, restricting access to authorized personnel.
Implementation and Start Date:
* The Commission will set the date for Member States to begin issuing digital visas via an implementing act once certain conditions are met.
* These conditions include the adoption of technical specifications, successful completion of comprehensive tests by eu-LISA, and validation of technical/legal arrangements by eu-LISA.
* The Commission must report annually to the European Parliament and the Council on implementation progress until the start date is set.
Amendments to Regulation EC No 1683/95:
* Article 1 is replaced, outlining the requirements for the digital visa.
* Article 2 is replaced, detailing the Commission's role in establishing technical specifications.
* Article 3 is deleted.
* Paragraph 2 of Article 4 is deleted.
* The Annex is replaced with updated data fields for the digital visa.
Impact Analysis:
European Commission:
* Impact: Responsible for adopting implementing acts to establish technical specifications for the digital visa and setting the date for Member States to begin issuing digital visas. Also responsible for reporting annually on implementation progress.
* Action Required: Develop and adopt technical specifications, monitor eu-LISA's progress, set the start date, and prepare annual reports.
Member States:
* Impact: Required to issue visas in the new digital format once the Commission sets the date.
* Action Required: Prepare systems and procedures for issuing digital visas, ensuring compliance with the Commission's technical specifications.
Third-Country Nationals:
* Impact: Will apply for and receive visas in a digital format.
* Action Required: Adapt to the new online application process and digital visa format.
eu-LISA:
* Impact: Responsible for conducting comprehensive tests and validating the technical and legal arrangements for the start of issuing digital visas.
* Action Required: Conduct tests, validate arrangements, and notify the Commission of the results.
Key Entities Referenced
European Parliament: One of the legislative bodies of the European Union.
Council of the European Union: One of the legislative bodies of the European Union, comprising government ministers from each member state.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the day-to-day business of the EU.
Schengen acquis: The body of law that governs the Schengen Area, including the abolition of border checks.
Ireland: A country that does not fully participate in the Schengen acquis.
Regulation EC No 1683/95: Council Regulation laying down a uniform format for visas, which is amended by this new regulation.
European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (euLISA): An EU agency responsible for the operational management of large-scale IT systems in the area of freedom, security and justice.
Digital Visa: A uniform digital format for visas issued by Member States, as a 2D barcode containing data fields and the visa holder's facial image.
Official Journal EN
of the European Union L series
2023/2685 7.12.2023
REGULATION (EU) 2023/2685 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 November 2023
amending Council Regulation (EC) No 1683/95 as regards the digitalisation of the visa procedure
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(1),
Acting in accordance with the ordinary legislative procedure(2),
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(3)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(4). 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(5); Ireland is therefore not taking part in the adoption of
this Regulation and is not bound by it or subject to its application.
(1) OJ C 75, 28.2.2023, p. 150.
(2) Position of the European Parliament of 18 October 2023 (not yet published in the Official Journal) and decision of the Council of
13 November 2023.
(3) Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995, p. 1).
(4) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general
principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55,
28.2.2011, p. 13).
(5) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the
Schengen acquis (OJ L 64, 7.3.2002, p. 20).
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(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(6) which fall within the area referred to in Article 1, point B, of Council
Decision 1999/437/EC(7).
(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(8)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(9).
(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(10)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(11).
(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(12)and delivered an opinion on 21 June 2022(13),
HAVE ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 1683/95
Regulation (EC) No 1683/95 is amended as follows:
(1) Article 1 is replaced by the following:
(6) OJ L 176, 10.7.1999, p. 36.
(7) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the
Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two
States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).
(8) OJ L 53, 27.2.2008, p. 52.
(9) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, 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 (OJ L 53, 27.2.2008, p. 1).
(10) OJ L 160, 18.6.2011, p. 21.
(11) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, 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, relating to
the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).
(12) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons
with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of
such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(13) OJ C 277, 19.7.2022, p. 7.
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‘Article 1
1. 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. (*)
_____________
(*) Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa
Information System (VIS) and the exchange of information between Member States on short-stay visas, long-stay
visas and residence permits (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).’;
(2) Article 2 is replaced by the following:
‘Article 2
1. The Commission shall adopt implementing acts to establish technical specifications for the uniform format for digital
visas relating to the following:
(a) technical standards and methods for:
(i) encoding the data contained in the digital visa; and
(ii) the facial image;
(b) specifications for generating the printable version of the digital visa.
2. The Commission may decide by means of implementing acts that the technical specifications referred to in paragraph
1 are to be secret and not be published. In that case those technical specifications shall be made available only to persons
duly authorised by a Member State or by the Commission.
3. The implementing acts referred to in paragraphs 1 and 2 of this Article shall be adopted in accordance with the
examination procedure to be applied as referred to in Article 6(2) of this Regulation in conjunction with the transitional
provision in Article 13(1), point (c), of Regulation (EU) No 182/2011 of the European Parliament and of the Council (**).
(3) Article 3 is deleted;
(4) in Article 4, paragraph 2 is deleted;
(5) the Annex to Regulation (EC) No 1683/95 is replaced by the text set out in the Annex to this Regulation.
Article 2
Start 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;
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(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(14)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 2026and 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 3
Entry 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.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Strasbourg, 22 November 2023.
For the European Parliament For the Council
The President The President
R. METSOLA P. NAVARRO RÍOS
(14) Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for
the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending
Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295,
21.11.2018, p. 99).
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ANNEX
The Annex to Regulation (EC) No 1683/95 is replaced by the following:
‘ANNEX
Data fields of the digital visa
(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 (*) 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.
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(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 (**) 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.
_____________
(*) Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the
Union and their family members to move and reside freely within the territory of the Member States amending
Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC,
75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
(**) Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union
and the European Atomic Energy Community (OJ L 29, 31.1.2020, p. 7).’.
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