Select Committee on European Scrutiny Thirty-Fifth Report


7 Uniform format for visas and residence permits for third country nationals

(24918)

13044/03

COM(03) 558

(a) Draft Council Regulation amending Regulation (EC) No. 1683/95 laying down a uniform format for visas.

(b) Draft Council Regulation amending Regulation (EC) No. 1030/2002 laying down a uniform format for residence permits for third country nationals.

Legal base(a) Article 62(2)(b)(iii) EC; consultation; QMV of the participating States

(b) Article 63(3)(a) EC; consultation; unanimity of the participating States

Document originated24 September 2003
Deposited in Parliament2 October 2003
DepartmentHome Office
Basis of considerationEM of 20 October 2003
Previous Committee ReportNone
To be discussed in CouncilNo date set
Committee's assessmentPolitically important
Committee's decisionNot cleared; further information requested

Background

7.1 In July 2001 and January 2002, we reported on proposals for the amendment of the Council Regulation which requires Member States to adopt a uniform format for visas and for a new Regulation requiring a uniform format for residence permits for third country nationals.[10] Those Regulations were a development of the Schengen acquis.[11] The UK has opted into both Regulations in accordance with the Protocol on the position of the UK and Ireland annexed to the EC Treaty and the Treaty on European Union.

The document

7.2 At an informal meeting of Justice and Home Affairs Ministers in March 2003, Member States invited the Commission to come forward with a proposal to integrate biometric identifiers into the uniform format for visas and residence permits for third country nationals. Accordingly, the Commission has produced two draft Regulations. One deals with visas and provides that they must include two biometric identifiers: a photograph and fingerprint. It also brings forward from 2007 to 2005 the date by which photographs must be included in visas. The other draft deals with residence permits for third country nationals and requires them, too, to include photographs and fingerprints. The technical specifications for photographs and fingerprints are to be established by a Committee set up under Article 6 of Regulation 1683/95.

The Government's view

7.3 The Parliamentary Under-Secretary of State at the Home Office (Caroline Flint) tells us that the Government has not yet decided whether to opt into the proposed Regulations. However, it strongly supports the inclusion of biometrics as a reliable means to confirm the identity of individuals and to combat fraud and illegal immigration. For example, the Government is already testing the fingerprinting of visa applicants in Sri Lanka.

7.4 The Minister says that it is likely that, by the end of 2004, all visas issued by the UK will include a photograph. However, unless the process is speeded up, it is unlikely that all UK Residence Permits will include a photograph by 2005.

7.5 The proposal that the biometric identifiers should be a photograph and fingerprint ties in with the work of the International Civil Aviation Organisation.

7.6 The Minister says that there would be financial implications for the UK if it were to opt into the Regulations but an accurate assessment of the costs cannot be made until more details about the proposed requirements are known.

Conclusion

7.7 The proposal to use fingerprints as a one of the biometric identifiers for visas and residence permits is of potentially wider importance. These draft Regulations are at an early stage of negotiation. We ask to be kept informed of progress and, in particular, to be told the Government's decision on whether to opt into the Regulations. Meanwhile, we shall keep the document under scrutiny.


10   (22291) 7633/01; see HC 152-i (2001-02), paragraph 9 (18 July 2001) and HC 152-xii (2001-02), paragraph 14 (16 January 2002). Back

11   The Schengen acquis is the collective term for the body of rules governing the Schengen free movement area. Back


 
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