40 A uniform format for visas
| Committee's assessment
| Legally and politically important |
| Committee's decision | Not cleared from scrutiny; further information requested
|
| Document details | Proposal for a Regulation amending Regulation (EC) No. 1683/1995 of 29 May 1995 laying down a uniform format for visas
|
| Legal base | Article 77(2)(a) TFEU; ordinary legislative procedure; QMV
|
| Department
Document numbers
| Home Office
(36954), 10314/15 + ADD 1, COM(15) 303
|
Summary and Committee's conclusions
40.1 The purpose of the proposal is to make changes to a Regulation
adopted in 1995 establishing a uniform format for visas. The changes
proposed are intended to improve the security features of visas
so that they are less prone to counterfeiting and fraud. All Member
States are bound by the 1995 Regulation. Since then, the legal
base for adopting EU measures concerning the format of visas has
changed. Under the revised legal base, the UK is not bound by
any changes to the 1995 Regulation unless it decides to opt into
them. The 1995 Regulation has been modified twice, in 2002 and
in 2008. The UK took part in the first modification, which incorporated
a photograph into the visa sticker. The second modification adjusted
the numbering on the visa sticker to make it compatible with the
Visa Information System (VIS). As the UK does not participate
in VIS, it did not opt into the second modification.
40.2 The latest proposal is subject to the UK's Title
V (justice and home affairs) opt-in, meaning that the UK will
only be bound by it if the UK opts in before the expiry of the
three-month opt-in deadline or seeks to do so after the proposal
has been adopted.[ 328]
40.3 The Minister for Immigration (James Brokenshire)
explains that the UK has participated fully in work to improve
the security features of the uniform format visa and sets out
the factors the Government will take into account in deciding
whether or not to opt into the changes proposed in the Regulation.
40.4 We note that there is some uncertainty as
to the deadline for opting into the proposed Regulation and welcome
the Minister's undertaking to inform us of the date at the earliest
opportunity.
40.5 The recitals to the proposed Regulation indicate
that it is subject to the UK's Title V opt-in Protocol. The recitals
also indicate that, for Member States acceding to the EU since
2004 and for third countries associated with Schengen (Iceland,
Norway, Switzerland and Liechtenstein), the proposed Regulation
constitutes a Schengen-building measure. We ask the Minister to
explain the reason for the difference in the source of the obligations
created by the proposed Regulation and to confirm that the opt-in
procedures set out in the Title V Protocol, rather than the opt-out
procedures in the Schengen Protocol, apply in this case.
40.6 We also ask the Minister to address the consequences
of a decision by the UK not to opt into the proposed Regulation
and to provide an assessment of the risk that the UK might be
ejected from the 1995 Regulation on the grounds that it would
no longer be operable for other Member States. In addition, given
that the factors informing the Government's opt-in decision include
the risk that a uniform format visa may pose to the security of
the UK and the limited ability to adapt the format to meet the
UK's own domestic requirements, does the Minister consider that
it would be desirable for the UK to continue to participate in
the uniform format visa, and what are the advantages for the UK?
40.7 Pending the Minister's reply, which we expect
to receive in good time to consider before the Government notifies
its opt-in decision, the proposed Regulation remains under scrutiny.
Full
details of the documents:
Proposal for a Regulation amending Regulation (EC) No. 1683/1995
of 29 May 1995 laying down a uniform format for visas: (36954),
10314/15 + ADD 1, COM(15) 303.
Background
40.8 A uniform format for visas issued by EU Member
States was introduced in 1995, based on Article 100c(3) of the
then EC Treaty. At the time, it was envisaged that establishing
a uniform format would pave the way to the harmonisation of visa
policy which, in turn, would support the establishment of the
internal market as an area without internal frontiers in which
the free movement of people is ensured.[ 329]
All Member States participated in the adoption of the 1995 Regulation.
40.9 The first substantial modification of the 1995
Regulation was agreed by the Council in 2002.[ 330]
By that time, the UK had secured a Protocol to the EU Treaties
ensuring that the UK would not be bound by EU measures concerning
visas, asylum and immigration unless it chose to opt in. As the
changes proposed were intended to improve the security features
of the uniform format visa, the UK decided to opt in. By contrast,
the UK did not opt into the second modification, agreed in 2008,
as the changes largely affected Member States participating in
the Visa Information System (VIS), an EU database processing data
and decisions relating to applications for short-stay visits to
the Schengen free movement area.[ 331]
40.10 The UK does not participate in the Schengen
free movement area and, as a consequence, cannot take part in
VIS. The UK similarly does not participate in the other elements
of EU visa policy, including the rules determining whether nationals
of third countries require a visa to enter the Schengen area for
short stays of up to three months.
The proposed Regulation
40.11 In its explanatory memorandum accompanying
the proposal, the Commission notes that there have been a number
of recent forgery cases affecting Spanish, Austrian, German, Czech
and Italian visa stickers. These have exposed the need for a new
design with better security features which will be less susceptible
to counterfeiting and fraud. A specimen illustrating the changes
proposed is set out in an Annex to the Regulation (ADD 1). The
proposed Regulation will be supplemented by a Commission implementing
decision establishing detailed technical specifications for the
new visa stickers. In order to reduce the risk of fraud, these
technical specifications are to be kept secret and cannot be published.
The Commission says that the changes it has proposed are urgent
and can be implemented without increasing the cost of a visa.
40.12 The proposal is based on Article 77(2)(a) of
the Treaty on the Functioning of the European Union (TFEU) which
authorises the EU to adopt measures concerning the common policy
on visas. The recitals to the proposal indicate that it is subject
to the UK's Title V opt-in. They also indicate that, for Member
States acceding to the EU since 2004 and for third countries associated
with Schengen (Iceland, Norway, Switzerland and Liechtenstein),
the proposal constitutes a Schengen-building measure. The distinction
between measures subject to the UK's Title V Protocol and those
which fall within the scope of a separate Protocol concerning
the Schengen acquis is significant. If the Title V Protocol
applies, the UK is not bound by the proposal unless it decides
to opt in. If the Schengen Protocol applies, on the grounds that
the proposal builds on existing Schengen measures in which the
UK already participates, then the UK is bound to take part in
the proposal unless it notifies its decision to opt out. In both
cases, procedural arrangements are in place to ensure that a decision
by the UK not to participate in a subsequent amending measure
does not make the original measure (in this case, the 1995 Regulation,
as amended) inoperable for the other Member States.
The Minister's Explanatory Memorandum of 9 July
2015
40.13 The Minister notes that the current visa sticker
has been in circulation for 20 years and "has become compromised
in view of a number of serious incidents of counterfeiting and
fraud". The proposed Regulation therefore seeks to establish
a new common design incorporating modern security features. The
Minister explains that the UK has been participating in the development
of work to improve the security features of the uniform format
visa and has sought to ensure that the proposed design "meets
the highest possible technical standards, is interoperable across
the EU and deliverable by our suppliers".[ 332]
He adds:
"The security of the EU visa and the UK
visa is a key strategy in tackling illegal migration. However,
the Regulations do impact on our ability to amend or introduce
our own visa independent of the EU."[ 333]
40.14 The proposed Regulation is subject to the UK's
Title V (justice and home affairs) opt-in. The Minister reiterates
the Government's commitment to "taking all opt-in decisions
on a case-by-case basis, putting the national interest at the
heart of the decision making process". In reaching a decision,
the Government will have particular regard to:
· The
risk that a uniform format visa poses to the security of the UK;
· Whether
the changes proposed meet the UK's own standards of quality and
security, as well as the scope for the UK to change the format
to meet its own requirements; and
· The
limits placed on the UK's ability to make changes to the format
of the visa.[ 334]
40.15 The Minister anticipates that there may be
"a small increase in costs" in producing a new version
of the visa, but considers that this is likely to be offset by
savings elsewhere (for example, contractual changes with the supplier
and paper consolidation across all visa products). If the Council
agrees the changes proposed, further work will be needed to define
the technical specifications for the new uniform format visa.
The Minister expects phased introduction of the changes to begin
from January 2017.
Previous Committee Reports
None.
328 See Protocol 21 to the EU Treaties on the position
of the UK and Ireland in respect of the area of freedom, security
and justice. Back
329 See Regulation (EC) No 1683/95. Back
330 See Regulation (EC) No 334/2002. Back
331 See Regulation (EC) No 856/2008. Back
332 See para 13 of the Minister's Explanatory Memorandum. Back
333 See paras 9 and 10 of the Minister's Explanatory Memorandum. Back
334 See paras 7 and 8 of the Minister's Explanatory Memorandum. Back
| 
