Legal provisions of COM(2007)849 - Draft Council Regulation laying down the form of the laissez-passer issued to members and servants of the institutions

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dossier COM(2007)849 - Draft Council Regulation laying down the form of the laissez-passer issued to members and servants of the institutions.
document COM(2007)849 EN
date December 21, 2007

Contents

Article 1

1. The laissez passer issued to members and servants of the institutions shall be drawn up in the form laid down in the Annex to this Regulation.

2. The laissez-passer shall comprise a storage medium containing, in digital format, the biographical data entered in the laissez-passer, a digital facial image and two fingerprints in formats interoperable with the technical specifications of passports and travel documents issued by Member States.

The data shall be secured, in particular against unauthorised access, and the storage medium shall have enough capacity to guarantee the integrity, authenticity and confidentiality of the data.

3. For the purposes of this Regulation, the issuing authority shall provide the biometrics used to identify the laissez-passer applicant, including the facial image and two digital fingerprints.

4. Persons from whom it is physically impossible to obtain digital fingerprints shall be exempted from the obligation to provide them.

Article 2

The laissez-passer shall be established for a maximum period of five years.

Article 3

1. Persons to whom a laissez-passer is issued shall have the right to verify the personal data contained in it, pursuant to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, and, where appropriate, to ask for rectification or erasure.

2. The laissez-passer shall contain no machine-readable information other than that provided for in this Regulation.

3. For the purpose of this Regulation the biometric features in the laissez-passer shall only be used for verifying:

- the authenticity of the document;

- the identity of the holder by means of directly available comparable features.

Article 4

1. The Commission shall take all necessary measures for the implementation of this Regulation. These shall comprise in particular:

a) the determination of the security standards and technical specifications applicable to the laissez-passer, in particular regarding:

i) security features and requirements including enhanced anti-counterfeiting and falsification standards;

ii) technical specifications for the storage medium of the biometric features and their security, including prevention of unauthorised access;

iii) requirements for quality and common standards for the facial image and the fingerprints.

b) the designation of a body to be responsible for printing the laissez-passer, taking into account the sensitive nature of the documents to be produced.

2. The Commission shall adopt the measures referred to in paragraph 1 (a), taking into account the Community rules applicable to the technical specifications related to the standards for security features and biometrics in passports and travel documents issued by Member States.

3. The Commission shall decide whether any of the security standards and technical specifications in paragraph 1 (a) must be kept secret and not published.

4. The Commission shall inform the Member States, by any appropriate means, of all measures that it adopts in accordance with paragraph 1, including the secret specifications.

Article 5

The Commission shall revise the Annex to this Regulation to reflect any changes by the Council to the list of official languages of the Union's institutions.

Article 6

Regulation (ECSC, EEC, Euratom) No 1826/69 is hereby repealed.

Article 7

This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

This regulation shall apply from [1 January of the second year following the year in which the Commission adopts the security standards and technical specifications applicable to the laissez-passer]. Laissez-passer issued under Regulation (ECSC, EEC, Euratom) No 1826/69 shall remain valid until their expiry date.

This Regulation shall be binding in its entirety and directly applicable in all Member States.