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
Regulation (EU) 2023/2685 of the European Parliament and of the Councilof 22 November 2023amending Council Regulation (EC) No 1683/95 as regards the digitalisation of the visa procedureTHE 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 CommitteeOJ C 75, 28.2.2023, p. 150.,Acting in accordance with the ordinary legislative procedurePosition of the European Parliament of 18 October 2023 (not yet published in the Official Journal) and decision of the Council of 13 November 2023.,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 1683/95Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995, p. 1). 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 CouncilRegulation (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).. 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/ECCouncil 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).; 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 acquisOJ L 176, 10.7.1999, p. 36. which fall within the area referred to in Article 1, point B, of Council Decision 1999/437/ECCouncil 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)..(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 acquisOJ L 53, 27.2.2008, p. 52. 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/ECCouncil 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)..(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 acquisOJ L 160, 18.6.2011, p. 21. 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/EUCouncil 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)..(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 CouncilRegulation (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). and delivered an opinion on 21 June 2022OJ C 277, 19.7.2022, p. 7.,HAVE ADOPTED THIS REGULATION: