Legal provisions of COM(2022)658 - Amending various regulations as regards the digitalisation of the visa procedure

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dossier COM(2022)658 - Amending various regulations as regards the digitalisation of the visa procedure.
document COM(2022)658 EN
date November 22, 2023

Contents

Article 1 - Amendments to Regulation (EC) No 810/2009

Regulation (EC) No 810/2009 is amended as follows:

(1) in Article 1(2), the following point (c) is added:

“(c) the residence rights enjoyed in the host State by third-country nationals who are family members of UK nationals who themselves are beneficiaries 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* (‘EU-UK Withdrawal Agreement’).

__________

* 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).”;

(2) in Article 2, the following points 10a and 10b are inserted:

“10a. ‘application form’ means the uniform form set out in Annex I, either available online via the EU application platform or on paper;

10b. ‘digital visa’ means visas issued in digital format as a record in VIS;”;

(3) in Article 3(5), point (d) is replaced by the following:

“(d) family members of citizens of the Union referred to in Article 1(2), point (a), and family members of UK nationals who themselves are beneficiaries of the EU-UK Withdrawal Agreement referred to in Article 1(2), point (c);”;

(4) in Article 5(1), point (b) is replaced by the following:

“(b) if the visit includes more than one destination, or if several separate visits are to be carried out within a period of two months, the Member State whose territory constitutes the main destination of the visit(s) in terms of the length of stay, counted in days;”;

(5) in Article 8, the following paragraph 4a is inserted:

“4a. Bilateral representation arrangements shall be displayed in the EU application platform referred to in Chapter Ia of Regulation (EC) No 767/2008.”;

(6) Article 9 is amended as follows:

(a)the following paragraphs 1a and 1b are inserted:

“1a. Applicants shall lodge an application via the EU application platform, as referred to in Chapter Ia of Regulation (EC) No 767/2008.

1b. By derogation from paragraph 1a, the following categories of persons may lodge an application without using the EU application platform:

(a)third-country nationals in individual cases for humanitarian reasons;

(b)heads of State or government and members of a national government with accompanying spouses, and the members of their official delegation when they are invited by Member States’ governments or by international organisations for an official purpose, sovereigns and other senior members of a royal family, when they are invited by Member States’ governments or by international organisations for an official purpose;

(c)third-country nationals to whom visas are issued at the external border in accordance to Chapter VI.”;

(b)in paragraph 4 the following point (d) is added:

“(d) by another person when it is lodged via the EU application platform.”;

(7) Article 10 is amended as follows:

(a)paragraph 1 is replaced by the following:

“1. When lodging an application, applicants shall, where required in accordance with Article 13, appear in person to provide their fingerprints and facial image. Applicants shall also appear in person for the verification of their travel document in accordance with Article 12.”;

(b)the following paragraphs 1a and 1b are inserted:

“1a. Member States may, in justified and individual cases, require that the applicant presents a travel document and/or provides supporting documents. This shall be possible in exceptional cases and in cases where there is a high incidence of fraudulent documents in a particular location.

1b. Consulates shall, within local Schengen cooperation, assess the implementation of the conditions laid down in paragraph 1a, to take account of local circumstances.”;

(c)paragraph 3 is replaced by the following:

“3. When lodging the application, the applicant shall:

(a)provide data referred to in Article 11;

(b)provide proof of holding the travel document in accordance with Article 12;

(c)allow his or her facial image to be taken live in accordance with Article 13 or, where the exemptions referred to in Article 13(7a) apply, present a photograph in accordance with the standards set out in Regulation (EC) No 1683/95;

(d)allow the collection of his or her fingerprints in accordance with Article 13, where applicable;

(e)pay the visa fee in accordance with Article 16;

(f)provide proof of the supporting documents in accordance with Article 14;

(g)where applicable, provide proof of possession of adequate and valid travel medical insurance in accordance with Article 15.”;

(8) Article 11 is amended as follows:

(a)paragraph 1 is replaced by the following:

“1. Application form shall be submitted via the EU application platform. In cases referred to in Article 9(1b), the applicants may submit a manually or electronically completed application form set out in Annex I.

The Commission shall adopt delegated acts in accordance with Article 51a in order to update the application form as set out in Annex I or submitted via the EU application platform.

The application form shall be signed. It may be signed electronically. Persons included in the applicant’s travel document shall submit a separate application form. Minors shall submit an application form signed by a person exercising permanent or temporary parental authority or legal guardianship.”;

(b)paragraph 1b is deleted;

(c)the following paragraph 1c is inserted:

“1c.    Each applicant shall submit a completed application form including a declaration of the authenticity, completeness, correctness and reliability of the data submitted and a declaration of the veracity and reliability of the statements made. Each applicant shall also state that he or she has understood the conditions for entry referred to in Article 6 of Regulation (EU) 2016/399 and that he or she may be requested to provide the relevant supporting documents at each entry.”;

(9) Article 12 is replaced by the following:

 “Article 12
Travel document

1. The applicant shall provide proof of holding a valid travel document satisfying the following criteria:

(a)its validity shall extend at least three months after the intended date of departure from the territory of the Member States or, in the case of several visits, after the last intended date of departure from the territory of the Member States. However, in a justified case of emergency, this obligation may be waived;

(b)it shall have been issued within the previous 10 years.

2. The applicant shall only be required to present the travel document in person in case of a first application with that travel document, or if the applicant needs to provide biometrics. 

The first subparagraph shall not affect the application of Article 10(1a).

3. The travel documents shall be checked using the appropriate technology.

4. Where the application is submitted via the EU application platform, the consulate or the external service provider shall verify that the presented travel document, which is presented in person in accordance with paragraph 2, corresponds to the scanned copy uploaded by the applicant.

If the verification is done by the external service provider, the external service provider shall use the external service provider gateway referred to in Article 7e Regulation (EC) No 767/2008.

5. Where the quality of the scanned copy referred to in paragraph 4 is unsatisfactory or where there are doubts, notably regarding authenticity the competent consulate or the external service provider shall take a new scan and upload it to the EU application platform..”;

(10) in Article 13, the following paragraph 7c is added:

“7c. Where the biometric identifiers are collected by an external service provider in accordance with Article 43, the external service provider gateway referred to in Article 7e Regulation (EC) No 767/2008 shall be used for this purpose.”;

(11) Article 14 is amended as follows:

(a)in paragraph 1, the introductory words are replaced by the following: 

“When applying for a uniform visa, the applicant shall provide proof of:”;

(b)in paragraph 2, the introductory words are replaced by the following: 

“When applying for  an airport transit visa, the applicant shall provide proof of:”;

(12) in Article 15(2), the second subparagraph is replaced by the following:

“In addition, such applicants shall declare, as part of the application form, that they are aware of the need to be in possession of travel medical insurance for subsequent stays.”;

(13) in Article 16(7), the first subparagraph is replaced by the following:

“For applications submitted via the EU application platform, the visa fee shall be charged in euro and shall not be refundable except in the cases referred to in Article 18(2) and Article 19(3). ”;

For application not submitted via the EU application platform, when charged in a currency other than the euro, the amount of the visa fee charged in that currency shall be determined and regularly reviewed in application of the euro foreign exchange reference rate set by the European Central Bank. The amount charged may be rounded up and it shall be ensured under local Schengen cooperation that similar fees are charged.”;

(14) in Article 18 the following paragraphs 3 and 4 are added:

“3. For applications submitted via the EU application platform, following the notification by the EU application platform on the automated competence and admissibility pre-check pursuant to Article 7c(9) of Regulation (EC) No 767/2008, the consulate or the central authorities of the Member State notified by the system shall verify whether they are competent to examine and decide on it.

4. In cases referred to in paragraph 3, if the Member State finds that it is not competent, it shall, without delay, notify the applicant using the secure account service in the EU application platform, indicating which Member State is competent.

The applicant may withdraw the application. If the application is withdrawn application data shall be deleted from temporary storage., pursuant to Article 7c of Regulation (EC) No 767/2008”;

(15) Article 19 is amended as follows:

(a)the following paragraph 1a is inserted:

“1a. For applications submitted via the EU application platform, after the notification by the EU application platform on the automated admissibility pre-check pursuant to Article 7c(9) of Regulation (EC) No 767/2008, indicating that the application is admissible, the consulate or the central authorities of the Member State notified by the system shall conduct the checks in paragraph 1 without delay.”;

(b)the following paragraph 2b is inserted:

“2b. For applications submitted via the EU application platform, where the competent consulate or the central authorities of the competent Member State find that the conditions referred to in paragraph 1 have been fulfilled, the application shall be admissible and the competent consulate or the central authorities of the competent Member State shall accept the application.”;

(c)the following paragraph 4a is added:

“4a. For applications submitted via the EU application platform, the competent consulate or the central authorities of the competent Member State shall be able to accept an application which has not been lodged within the period referred to in Article 9(1), notably in justified cases of urgency referred to in Article 9(3).”;

(16) Article 20 is deleted;

(17) Article 21 is amended as follows:

(a)in paragraph 3, point (a) is replaced by the following

“(a) that the travel document provided or presented is not false, counterfeit or forged;”;

(b)in paragraph 6, point (a) is replaced by the following

“(a) that the travel document provided or presented is not false, counterfeit or forged;”;

(18) Article 24 is amended as follows:

(a)in paragraph 1, third subparagraph, the reference to “point (a) of Article 12” is replaced by reference to “Article 12(1), point (a)”; 

(b)in paragraph 2 first subparagraph, the introductory words are replaced by the following:

“Provided that the applicant fulfils the entry conditions set out in Article 6(1), points (a), (c), (d) and (e), of Regulation (EU) 2016/399, multiple-entry visas with a long validity shall be issued for the following validity periods:”;

(c)the following paragraph 2aa is inserted:

“2aa. The validity of the multiple-entry visas with a long validity periods shall not be restricted by the validity of the travel document”;

(19) in Article 25, the following paragraph 6 is added:

“6. Issuing a visa in digital format shall not affect the competence of Member States in relation to the recognition of travel documents. This includes those travel documents that are not recognised by one or more, but not all Member States.”;

(20) the following Article 26a is inserted:

“Article 26a
Digital visas

Visas shall be issued in digital format as a record in VIS, including a unique visa number. ”;

(21) Article 32 is amended as follows:

(a)paragraph 2 is replaced by the following:

“2. For applications submitted via the EU application platform, information regarding decisions on refusal and the reasons on which it is based shall be notified to the applicant by secure electronic means in accordance with Article 7f(1) of Regulation (EC) No 767/2008. The notification will contain the same information as set out in Annex VI, in the language of the Member State that has taken the final decision on the application and another official language of the Union.

Member States may add additional documents to the standard notification, justifying the refusal.

For applications not submitted via the EU application platform in cases referred to in Article 9(1b), a decision on refusal and the reasons on which it is based shall be notified to the applicant by means of the standard form set out in Annex VI in the language of the Member State that has taken the final decision on the application and another official language of the Union.

The Commission shall adopt delegated acts in accordance with Article 51a in order to amend the refusal form, as set out in Annex VI or as a notification as referred to in Chapter Ia of Regulation (EC) No 767/2008.”;

(b)in paragraph 3, the third sentence is replaced by the following:

“Member States shall provide applicants with information regarding the procedure to be followed in the event of an appeal, as specified as specified in Annex VI or in the refusal notification sent via the EU application platform”;

(22) the following Article 32a is inserted:

“Article 32a
Confirmation of a valid visa in a new travel document

1. Visa holders whose travel document has been lost, stolen or has expired and whose visa is still valid may apply for the confirmation of the visa linked to a new travel document.

2. The visa holders referred to in paragraph 1 shall apply for confirmation of the visa in a new travel document via the EU application platform referred to in Chapter Ia of Regulation (EC) No 767/2008. They shall provide the following personal data:

(a)name, data of birth, nationality;

(b)number of the visa;

(c)data of the lost, stolen or expired travel document;

(d)data of new travel document;

(e)scan of biodata page;

(f)proof of loss or theft of the travel document or expiry.

3. The visa holder shall pay the visa confirmation fee of EUR 30.  

4. The visa holder shall be required to appear in person for the presentation of the new travel document in order to verify that this travel document corresponds to the scanned copy uploaded via the EU application platform, and that bearer of the travel document corresponds to the person for whom a visa was issued.

5. The new travel document shall fulfil conditions laid down in Article 12.

6. Where the competent consulate or the central authorities of the competent Member State determines that the valid visa can be confirmed in a new travel document, it shall enter the data in the application file in VIS pursuant to Article 12a of Regulation (EC) No 767/2008.

7. The fact that a visa is confirmed in a new travel document shall be notified to the applicant by secure electronic means in accordance with Article 7f of Regulation (EC) No 767/2008.

8. Where the competent consulate or the central authorities of the competent Member State cannot determine whether the valid visa can be confirmed in a new travel document, notably because of doubts regarding the identity of the visa holder, it shall:

(a)refuse the confirmation;

(b)revoke the valid visa, in accordance with Article 34.

9. The procedure regarding the confirmation of a valid visa in a new travel document shall not preclude the visa holder to submit a new visa application.”;

(23) Article 33 is amended as follows:

(a)paragraph 6 is replaced by the following:

“6. Visa holders may apply for extension online via the EU application platform. They shall provide personal data, number of visa and travel document, upload supporting documents proving force majeure, humanitarian reasons and/or serious personal reasons preventing them from leaving the territory of the Member States, and pay the fee of EUR 30 only in case of serious personal reasons referred to in paragraph 2.”;

(b)the following paragraph 8 is added:

“8. When a visa is extended pursuant to paragraphs 1 to 7 of this Article via the EU application platform, the extension shall be notified to the applicant by secure electronic means in accordance with Article 7f of Regulation (EC) No 767/2008.”;

(24) Article 34 is amended as follows:

(a)paragraphs 5 and 6 are replaced by the following:

“5. If a visa not issued in digital format is annulled or revoked, a stamp stating ‘ANNULLED’ or ‘REVOKED’ shall be affixed to it and the optically variable feature of the visa sticker, the security feature ‘latent image effect’ as well as the term ‘visa’ shall be invalidated by being crossed out.

6. A decision on annulment or revocation of a visa and the reasons on which it is based shall be issued in digital format by entering the data into the VIS, pursuant to Article 12 of Regulation (EC) No 767/2008, and notified to the applicant by secure electronic means in accordance with Article 7f of Regulation (EC) No 767/2008 or by means of the standard form set out in Annex VI for applications not submitted via the EU application platform. The notification shall contain the information set out in Annex VI.”;

(b)in paragraph 7, the third sentence is replaced by the following:

‘Member States shall provide applicants with information regarding the procedure to be followed in the event of an appeal, as set out in Annex VI or in the notification sent via the EU application platform’;

(25) Article 37 is amended as follows:

(a)paragraph 2 is replaced by the following:

“2. For Member States which do not issue visas in digital format, the storage and handling of visa stickers shall be subject to adequate security measures to avoid fraud or loss. Each consulate shall keep an account of its stock of visa stickers and register how each visa sticker has been used. Any significant loss of blank visa stickers shall be reported to the Commission.”;

(b)in paragraph 3, the first sentence is replaced by the following:

“ Consulates or central authorities shall keep archives of applications in electronic format. ”;

(26) Article 38 is amended as follows:

(a)paragraph 1a is replaced by the following:

“Member States shall ensure that the entire visa procedure in consulates, including the lodging and handling of applications and the practical cooperation with external service providers, is monitored by expatriate staff to ensure the integrity of all stages of the procedure.”;

(b)the following paragraph 3c is inserted:

“3c. Member States’ central authorities shall provide appropriate training to their staff regarding the EU application platform.”;

(27) Article 42 is deleted.

(28) Article 43 is amended as follows:

(a)paragraph 4 is replaced by the following:

“4.  The examination of applications, interviews, where appropriate, and the decision on applications shall be carried out only by the consulate.”;

(b)in paragraph 5, the following second subparagraph is added:

“By way of derogation, external service providers may have access to the EU application platform via the external service provider gateway referred to in Article 7e of Regulation (EC) No 767/2008 to:

(a)verify the data uploaded by the applicant;

(b)upload biometric identifiers;

(c)upload the supporting documents;

(d)use the appointment tool to indicate available slots.”;

(c)paragraph 6 is amended as follows:

(1) point (c) is replaced by the following:

“(c) collecting data (including collection of biometric identifiers and, in exceptional cases, supporting documents and documents needed for identity checks), transmitting them to the consulate or the central authorities where applicable, and uploading them to the EU application platform;”;

(2) the following point (ca) is inserted:

“(ca) verify the travel document against the copy uploaded by the applicant;”;

(29) in Article 44, the following paragraph 1a is inserted :

“1a. Paragraph 1 shall not apply to the access that external service providers may have to the EU application platform via the external service provider gateway referred to in Article 7e of Regulation (EC) No 767/2008.”;

(30) in Article 47, the following paragraph 3 is added:

“3. The EU application platform shall provide the general public with all relevant information in relation to the application for a visa via the EU application platform, in particular the information referred to in Article 7a of Regulation (EC) No 767/2008.”;

(31) in Article 51a(2), (3) and (6) the reference to “Article 16(9)” is replaced by reference to “Article 11(1), Article 16(9) and Article 32(2)”;

(32) in Article 53(1), point (f) is replaced by the following:

“(f) for Member States which do not issue visas in digital format, the additional national entries in the ‘comments’ section of the visa sticker, as referred to in Article 27(2);”;

(33) Annex III is deleted.

Article 2 - Amendments to Regulation (EC) No 767/2008

Regulation (EC) No 767/2008 is amended as follows:

(1) Article 2a is amended as follows:

(a)paragraph 1 is amended as follows:

(1) the following point is inserted:

“(fa) EU application platform;”;

(2) the following subparagraph is added:

“The EU application platform shall share and re-use as much as technically possible the hardware and software components of the EES web service and the ETIAS website and the app for mobile devices.”;

(b)the following paragraph 6 is added:

“6. The EU application platform shall consist of the following components:

(a)a public website and an app for mobile devices;

(b)temporary storage capacity;

(c)a secure account service;

(d)a verification tool for applicants;

(e)web-service for visa holders

(f)an email service;

(g)a payment tool;

(h)an appointment tool;

(i)an external service provider gateway;

(j)a configuration module that shall cater for eu-LISA, central authorities and consulates;

(k)a software to generate and read encrypted 2D barcode;

(l)a secure web service enabling the components of the EU application platform to communicate;

(m)a helpdesk function to be managed by eu-LISA;

(n)read-only copy of VIS database.”;

(2) in Article 4, point 2 is replaced by the following:

“2. ‘digital visa’ means the visa in digital format referred to in Article 26a of Regulation (EC) No 810/2009;”

(3) the following Chapter Ia is inserted:

“CHAPTER Ia
EU ONLINE VISA APPLICATION PLATFORM

Article 7 - a General public information on the EU-application platform

1. The EU Online Visa Application Platform (‘EU Application Platform’) shall provide general information to the public as referred to in Article 47 of Regulation (EC) No 810/2009.

The Commission and the Member States shall be responsible for providing the information, in accordance with their respective responsibilities set out in paragraphs 2 to 4 of this Article.

2. eu-LISA shall be responsible for publishing and updating the following general public information on the EU-application platform, upon receiving the following information from the Commission or the Member States:

(a)the visa requirements, including visa lists, visa waiver agreements; including for diplomatic and service passports, and including cases of possible suspension of visa-free travel, under Articles 3, 4, 5, 7, 8 of Regulation (EU) 2018/1806 and Annexes I and the II thereto, as well as information pursuant to Directive 2004/38/EC and EU-UK Withdrawal Agreement;

(b)the amount of the visa fees referred to in Article 16 of Regulation (EC) No 810/2009; reduced or higher fees in case of visa facilitation agreement, or a readmission-related measure stemming from  Article 25a of that Regulation, as well as Directive 2004/38/EC and the EU-UK Withdrawal Agreement;

(c)where applicable, harmonised lists of supporting documents, established in accordance with Article 14(5a) of Regulation (EC) No 810/2009;

(d)where applicable, travel medical insurance requirements, in accordance with Article 15 of Regulation (EC) No 810/2009.

In case a Member State provides the information, eu-LISA shall configure the EU application platform upon confirmation of this information from the Commission.

3. The central visa authorities shall be responsible for inputting the following elements:

(a)locations of consulates and their territorial competence referred to in Article 6 of Regulation (EC) No 810/2009;

(b)representation agreements or arrangements referred to in Article 8 of Regulation (EC) No 810/2009;

(c)use of external service providers and their locations referred to in Article 43 of Regulation (EC) No 810/2009;

(d)supporting documents referred to in Article 14 of Regulation (EC) No 810/2009,  as well as those applicable pursuant to Directive 2004/38/EC and the EU-UK Withdrawal Agreement;

(e)optional visa waivers referred to in Article 6 of Regulation (EU) 2018/1806;

(f)optional visa fee waivers referred to in Article 16(5) Regulation (EC) No 810/2009.

4. The consulate or the central authorities of the competent Member State shall be responsible for inputting the following elements:

(a)contact details and access rights of external service providers including for the appointment tool;

(b)appointment tool, including available slots;

(c)number of applications accepted per week/month.

Article 7 - b Online application form

1. Each applicant shall submit a completed online application referred to in Article 11 of Regulation (EC) No 810/2009, using the EU application platform.

2. Without prejudice to Article 7ba, he applicant shall provide the following personal data in the application form:

(1) surname(s) (family name); 

(2) surname at birth (former family name(s));

(3) first name(s) (given name(s));

(4) date of birth (day-month-year);

(5) place of birth;

(6) country of birth;

(7) current nationality; nationalities at birth, if different; other nationalities;

(8) sex;

(9) civil status;

(10) parental authority (in case of minors) /legal guardian (surname, first name, address, if different from the applicant’s, telephone number, e-mail address, and nationality);

(11) national identity number, where applicable;

(12) type of travel document;

(13) number of the travel document; 

(14) date of issue;

(15) valid until;

(16) issued by (country);

(17) personal data of the family member who is a mobile e EU, EEA or CH citizen or who is a UK national beneficiary of the EU-UK Withdrawal Agreement in the host State for which the visa application is made, if applicable: surname (family name), first name(s) (given name(s)), date of birth, nationality, number of travel document or ID card;

(18) Family relationship with a mobile EU, EEA or CH citizen or with a UK national who is a beneficiary of the EU-UK Withdrawal Agreement in the host State for which the visa application is made, if applicable

(19) Applicant’s home address and email address, telephone number;

(20) residence in a country other than the country of current nationality;

(21) current occupation;

(22) employer and employer’s address and telephone number: for students name and address of educational establishment;

(23) purpose(s) of the journey;

(24) additional information on purpose of stay;

(25) Member State of main destination (and other Member States of destination, if applicable);

(26) Member State of first entry;

(27) number of entries requested; intended date of arrival of the first intended stay in the Schengen area; Intended date of departure from the Schengen area after the first intended stay;

(28) fingerprints collected previously for the purpose of applying for a Schengen visa; date (if known); visa number, if known;

(29) entry permit for the final country of destination, where applicable;

(30) surname and first name of the inviting person(s) in the Member State(s). If not applicable, name of hotel(s) or temporary accommodation(s) in the Member State(s);

(31) name and address of inviting company/organisation

(32) how the cost of travelling and living during the applicant’s stay is covered;

The applicant shall also provide an email address.

All such data shall be recorded and stored temporary storage capacity in line with the data retention periods defined in Article 7c.

3. The EU application platform shall also contain a secure account service. The secure account service shall have the possibility for the applicant to keep the data provided for subsequent applications, but only if the applicant freely and explicitly consents to such storage.

The secure account service shall contain the possibility for the applicant to submit application in several steps. The Commission shall adopt delegated acts in accordance with Article 48a in order to define the requirements of the secure account service, including the retention period for data stored therein and for uncompleted applications or applications which do not pass the competence and admissibility check.

4. The data referred to in paragraph 2 shall be introduced by the applicant in Latin alphabet characters.

5. On submission of the online application form, the EU application platform shall collect the IP address from which the application form was submitted and add it as part of data of the application.

6. The Commission shall, by means of implementing acts, define the content of a simplified application forms for confirmation of valid visas in a new travel document, as referred to in Article 32a of Regulation (EC) No 810/2009, and for extension of visas, as referred to in Article 33 of that Regulation, using the EU application platform. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).

7. The Commission shall, by means of implementing acts, define the requirements concerning the format of the personal data referred to in paragraphs 2 and 5 of this Article to be inserted in the application form as well as parameters and verifications to be implemented for ensuring the completeness of the application and the coherence of those data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).

Article 7ba

Specific provisions on the use of the EU application platform by family members of Union citizens or of other third-country nationals enjoying the right of free movement under Union law or of UK nationals who are beneficiaries of the EU-UK Withdrawal Agreement 

1. A third-country national who is a family member of a Union citizen to whom Directive 2004/38/EC 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, may lodge an application for a visa, without using the EU application platform and be entitled to lodge the application in person at the consulate or at the external service providers premises, at their choice.

2. Where a third-country national who is a family member of a Union citizen to whom Directive 2004/38/EC 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, applies for a visa using the EU application platform, the application process shall be carried out in accordance with Directive 2004/38/EC.

3. In particular, the EU application platform shall be designed so as to ensure that the following specific rules shall apply:

(a)the visa fee shall be waived;

(b)in the visa application form, the applicant shall not provide the following personal data:

(a)Current occupation

(b)Employer and employer’s address and telephone number: for students name and address of educational establishment

(c)Surname and first name of the inviting person(s) in the Member State(s). If not applicable, name of hotel(s) or temporary accommodation(s) in the Member State(s)

(d)Name and address of inviting company/organisation

(e)Means of how the cost of travelling and living during the applicant’s stay is covered.

(c) the applicant should be able to submit documents establishing that he/she is a member of the family of a Union citizen to whom Directive 2004/38/EC 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. The applicant should not be requested to submit supporting documents referred to under Article 14 of Regulation (EC) No 810/2009 nor proof of possession of adequate and valid travel medical insurance in accordance with Article 15 of Regulation (EC) No 810/2009 should not be requested.

(d)by way of derogation from Article 7c(8), the automated admissibility pre-check shall only verify whether:

(a)all the required fields of the application form are filled in;

(b)proof of holding a valid passport in accordance with Directive 2004/38/EC is provided;

(c)the biometric data of the applicant have been collected, if applicable.

(e) where a visa is issued, in the notification laid down in Article 7f, the applicant shall receive a reminder that the family member of a citizen exercising the right of free movement who is in possession of a visa only has a right to enter if that family member is accompanied by or joining the Union citizen or other third-country national exercising his or her right of free movement.

4. Paragraphs 1 and 2 also apply where a third-country national who is a family member of a Union citizen to whom Directive 2004/38/EC 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, requires a visa extension or a confirmation of the visa in a new travel document. The visa extension fee and the visa confirmation fee shall be waived.

5. Paragraphs 1 to 4 shall apply mutatis mutandis to family members of UK nationals who themselves are beneficiaries of the EU-UK Withdrawal Agreement in the host State for which the visa application is made.

Article 7 - c Application process using the EU application platform

1. Upon submission of the application form pursuant to Article 7b, the EU application platform shall determine the type of visa applied for, and conduct an automated competence pre-check to automatically pre-determine the competent Member State on the basis of the data provided by the applicant. This shall not preclude the manual verification of the competence by the Member States in accordance with Article 18(3) of Regulation (EC) No 810/2009.

The EU application platform shall be designed in such a way to allow applicants to indicate whether they are legally present, but not residing in a jurisdiction, as referred to in Article 6 (2) of Regulation (EC) No 810/2009

2. Applicants shall be able to use the EU application platform to submit a scanned copy of the travel document in electronic format, as well as supporting documents and proof of travel medical insurance in digital format, as applicable, pursuant to Regulation (EC) No 810/2009 or Directive 2004/38/EC.

3. The Commission shall, by means of implementing acts, define the technical requirements concerning the format of supporting documents, travel medical insurance and copy of travel document in electronic format. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).

4. If necessary, the applicant shall be able to use the EU application platform to pay the visa fee using the payment tool referred to in Article 7d.

5. The EU application platform shall be able to check in the read-only copy of VIS whether the applicant’s biometrics were taken in the last 59 months and whether the applicant has already applied with the same travel document:

Where this is the case, the EU application platform shall notify the applicant that no visit to consulate or external service provider is required to lodge the application;

Where this is not the case, the EU application platform shall notify the applicant to arrange a visit to consulate or external service provider, as required, to lodge the application.

6. If a visit to consulate or external service provider is necessary in accordance with Regulation (EC) No 810/2009, a Member State may decide to use the appointment tool referred to in Article 7d for this purpose.

7. The applicant shall submit the application, including declaration of the authenticity, completeness, correctness and reliability of data.

8. After the applicant submits the application via the EU application platform, the EU application platform shall perform an automated admissibility pre-check.

The automated admissibility pre-check shall automatically verify whether:

(a)the application has been lodged within the period referred to in Article 9(1), if applicable;

(b)all the required fields of the application form are filled in; 

(c)proof of holding a travel document in accordance with Article 12 of Regulation (EC) No 810/2009 is provided;

(d)the biometric data of the applicant have been collected, if applicable;

(e)the visa fee has been collected, if applicable;

9. If according to the automated admissibility pre-check the application is admissible, the EU application platform shall send a notification to the consulate or the central authorities of the Member State with the combined result of the automated competence and admissibility pre-check.

If according to the automated admissibility pre-check the application is not admissible, the EU application platform shall send a notification to the applicant and notify which part of the application file is missing.

The application platform shall be designed so as to ensure that Article 19 paragraphs (4) and (4a) of Regulation (EC) No 810/2009 can apply, in order to allow applications to be considered admissible.

10. Following the notification referred to in paragraph 9, the consulate or the central authorities of the Member State shall perform a manual verification of the competence, in accordance with Article 18(3) of Regulation (EC) No 810/2009, and subsequently if needed, a manual verification of admissibility in accordance with Article 19. of that Regulation.

11. If the competent consulate or the central authorities of the competent Member State accept the application submitted via the EU application platform the data shall be transferred to the national system from temporary storage. The data shall be immediately deleted from temporary storage, with the exception of contact data linked to the secure account service.

12. If the applicant withdraws the application following the automated competence and admissibility pre-check, the data shall be immediately deleted from temporary storage, with the exception of contact data linked to the secure account service.

13. The competent consulate or the central authorities of the competent Member State may use the secure account service to communicate with the applicants.

Article 7 - d Payment tool and appointment tool

1. A payment tool shall be used to pay the visa fee using the EU application platform. The payment tool shall be managed by third party provider.

2. The Commission shall, by means of implementing acts, define the requirements concerning the payment tool referred to in paragraph 1 of this Article, including the reimbursement modalities for applicants. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).

3. A tool for managing appointments may be used by Member States or external service providers.

4. The Commission shall, by means of implementing acts, define the requirements concerning the appointment tool referred to in paragraph 3 of this Article, including the modalities for confirmation of appointments, the link to existing appointment tools or information on walk-in appointments to be configured by the consulates or external service providers and the technical modalities to ensure that any family member of a Union citizen to whom Directive 2004/38/EC 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, or of UK nationals who themselves are beneficiaries of the EU-UK Withdrawal Agreement in the host State for which the visa application is made can benefit from an accelerated procedure. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).

Article 7 - e External service provider gateway

1. External service providers shall have access to the EU application platform using the external service gateway only to:

(a)verify and perform quality checks on the data uploaded in the temporary storage capacity, notably the scanned copy of the travel document;

(b)upload the biometric identifiers;

(c)upload the supporting documents, if needed;

(d)use the appointment tool to indicate available slots, if applicable;

(e)make application available to the consulate for further processing.

2. An authentication scheme, reserved exclusively for external service providers, shall be set up by Member States in order to allow access to the gateway for the purposes of this Article to the duly authorised staff members. When setting up the authentication scheme, information security risk management and the principles of data protection by design and by default shall be taken into account.

3. The Commission shall adopt implementing acts to lay down the authentication scheme for external service provider staff members. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).

Article 7 - f Notification of decisions

1. Applicants and visa holders shall be notified of decisions taken by Member States on their applications or issued visas by secure electronic means.

2. The notifications to applicants or visa holders, as applicable, shall contain the following data:

(a)for visa issued: data listed in Articles 24, 25 or 26 of Regulation (EC) No 810/2009 and Article 10 of this Regulation;

(b)for visa refused: data listed in Article 32 of Regulation (EC) No 810/2009 and Article 12 of this Regulation;

(c)for visa confirmed : data listed in Article 32a of Regulation (EC) No 810/2009 and Article 12a of this Regulation;

(d)for visa extended : data listed in Article 33 of Regulation (EC) No 810/2009 and Article 14 of this Regulation;

(e)for visa annulled or revoked: data listed in Article 33 of Regulation (EC) No 810/2009 and Article 13 of this Regulation.

3. The notification referred to in paragraph 2 shall contain a 2D barcode digitally signed by the issuing authority, and the facial image of the holder. The 2D barcode shall contain the information referred to in paragraph 2.

The notification shall be in printable format.

4. The Commission shall adopt implementing acts to lay down technical specifications of the digital visas and the notification referred to in paragraph 1, including details on the format of the notification, such as 2D barcode and printable format. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).

Article 7 - g Verification tool

1. The verification tool shall allow applicants and visa holders to check:

(a)status of their application;

(b)status and validity of their visa.

2. The verification tool shall be based on the secure account service referred to in Article 7b(3).

3. The EU application platform shall offer a web-service functionality for applicants to verify the digital visa without the secure account service.

4. The Commission shall adopt implementing acts concerning the detailed rules on the conditions for the operation of the web service and the data protection and security rules applicable to the web service, including unique identifier for the applicant. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2). ”;

(4) in Article 9(4), the following points are added:

“(na) if applicable, the fact that the applicant applies as a family member of UK nationals who is a beneficiary of the EU-UK Withdrawal Agreement in the host State for which the visa application is made;

(o) email address;

(p) IP address from which the application form was submitted.”;

(5) In Article 9b the following paragraph is added:

“5. Paragraphs 1 to 4 shall apply mutatis mutandis to family members of UK nationals who themselves are beneficiaries of the EU-UK Withdrawal Agreement in the host State for which the visa application is made.”;

(6) Article 10 is amended as follows:

(a)in paragraph 1, point (e) is replaced by the following:

“(e) visa number;”;

(b)in paragraph 1, point (k) is deleted.

(c)in paragraph 1, point (m) is added

“(m) if applicable, the status of the person indicating that the third-country national is a member of the family of UK national who is a beneficiary of the EU-UK Withdrawal Agreement in the host State for which the visa application is made.”;

(7) the following Article 12a is inserted:

“Article 12a
Data to be added for a visa confirmed

1. Where a decision has been taken to confirm a visa, the visa authority that has taken the decision shall add the following data to the application file:

(a)status information;

(b)authority that confirmed the visa;

(c)place and date of the decision;

(d)new travel document data, including number, issuing country and authority, issuing date, expiry date.

2. Where a decision has been taken to confirm a visa, the system shall immediately retrieve and export from the VIS into the EES the data listed in Article 19(1) of Regulation (EU) (EU) 2017/2226.”;

(8) in Article 14(1), point (d) is replaced by the following:

“(d) visa number of the extended visa;”;

(9) in Article 15(2), point (f) is replaced by the following:

“(f) the visa number, long-stay visa or residence permit number and the date of issue of any previous visa, long-stay visa or residence permit;”

(10) Article 18 is amended as follows:

(a)in paragraph 1, point (b) is deleted;

(b)paragraph 3 is replaced by the following:

“3. By way of derogation from paragraph 2 of this Article, where a search is launched in the EES pursuant to Article 23(2) or (4) of Regulation (EU) 2017/2226, the competent border authority may search the VIS without making use of the interoperability with the EES, where specific circumstances so require, in particular, where it is technically impossible, on a temporary basis, to consult the EES data or in the event of a failure of the EES.”;

(11) the following Article 18e is inserted:

“Article 18e
Fall-back procedures in the case of a technical impossibility to access data at the external borders

1. Where it is technically impossible to proceed with the consultation referred to in Article 18 because of a failure of any part of VIS, eu-LISA shall notify the border authorities of the Member States.

2. Where it is technically impossible to perform the search referred to in Article 18 because of a failure of the national border infrastructure in a Member State, the border authorities shall notify the eu-LISA. eu-LISA shall then inform the Commission.

3. In cases referred to in paragraphs 1 and 2 of this Article, the border authorities shall follow their national contingency plans. The national contingency plan may authorise the border authorities to derogate temporarily from the obligation to consult VIS referred to in Article 8 of Regulation (EU) 2016/399. 

4. The Commission shall, by means of implementing acts, adopt model contingency plans for the cases referred to in paragraphs 1 and 2 of this Article, including the procedures to be followed by border authorities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2). Member States shall adopt their national contingency plans using the model contingency plans as a basis, to be adapted as necessary at the national level.”;

(12) in Article 19, paragraph 1 is replaced by the following:

“1. For the sole purpose of verifying the identity of the visa holder and/or the authenticity of the visa and/or whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled, the authorities competent for carrying out checks within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled, shall have access to search with the number of the visa in combination with verification of fingerprints of the visa holder.

Where the identity of the visa holder cannot be verified with fingerprints the competent authorities may also carry out the verification with the facial image.”;

(13) in Article 20(2), point (d) is replaced by the following:

“(d)    the data entered in respect of any visa issued, refused, confirmed, annulled, revoked or extended referred to in Articles 10 to 14.”;

(14) in Article 21(2), point (d) is replaced by the following:

“(d)    the data entered in respect of any visa issued, confirmed, annulled, revoked or extended referred to in Articles 10, 12a, 13 and 14;”;

(15) in Article 22(2), point (e) is replaced by the following:

“(e)    the data entered in respect of any visa issued, confirmed, annulled, revoked or extended referred to in Articles 10, 12a, 13 and 14;”;

(16) in Article 22f(1), point (d) is replaced by the following:

“(d) the visa number;”;

(17) in Article 22o, paragraph 3 is amended as follows:

(a)point (c) is replaced by the following:

“(c) visa number or number of the long-stay visa or residence permit and the date of expiry of the validity of the visa, long-stay visa or residence permit, as applicable;”;

(b)the following points (f) and (g) are added:

“(f) IP address;

(g) email address.”;

(18) in Article 22r, paragraph 3 is amended as follows:

(a)point (c) is replaced by the following:

“(c) visa number or number of the long-stay visa or residence permit and the date of expiry of the validity of the visa, long-stay visa or residence permit, as applicable;”;

(b)the following points (f) and (g) are added:

“(f) IP address;

(g) email address”;

(19) in Article 45(2), the following points (g) to (o) are added:

“(g) for defining the content of a simplified application forms for confirmation of valid visas in a new travel document and for extension of visas, in accordance with Article 7b;

(h) for defining requirements concerning the format of the personal data in the online application form, in accordance with Article 7b;

(i) for defining the technical requirements concerning the format of supporting documents, travel medical insurance and copy of travel document in electronic format to be provided via the EU application platform, in accordance with Articles 7c and 7ba;

(j) for defining the requirements concerning the payment tool, including the reimbursement modalities for applicants, in accordance with Article 7d;

(k) for defining the requirements concerning the appointment tool referred, including the modalities for confirmation of appointments, and the link to existing appointment tools or information on walk-in appointments to be configured by the consulates or external service providers, in accordance with Article 7d;

(l) for laying down the authentication scheme for external service provider staff members using the External service provider gateway, in accordance with Article 7e;

(m) for laying down technical specifications of the visas in digital format, and the visa notification, including details on the format of the notification, such as 2D barcode, printable format, in accordance with Article 7f;

(n) for laying down detailed rules on the conditions for the operation of the web service and the data protection and security rules applicable to the web service, in accordance with Article 7g;

(o) for defining model contingency plans regarding fall-back procedures in the case of a technical impossibility to access data at the external borders, including the procedures to be followed by border authorities , in accordance with Article 18e.”;

(20) in Article 48a(2), (3) and (6), the references to “Article 9, Article 9h(2), Article 9j(2) and Article 22b(18)” are replaced by references to “Article 7b, Article 9, Article 9h(2), Article 9j(2) and Article 22b(18)”.

Regulation (EC) No 1683/95 is amended as follows:

(1) Article 1 is replaced by the following:

“Article 1

Visas issued in conformity with Article 5 of this Regulation by the Member States which do not issue visas in digital format referred to in Article 26a of Regulation (EC) No 810/2009 shall be produced in the form of a uniform format (sticker). They shall conform to the specifications set out in the Annex.”;

(2) in Article 7, the following fourth paragraph is added:

“The use the uniform visa format for purposes other than those covered by Article 5 is without prejudice to issuing visas in digital format referred to in Article 26a of Regulation (EC) No 810/2009.”.
In Article 1 of Regulation (EC) No 333/2002, paragraph 1 is replaced by the following:

“1. This Regulation shall apply to Member States which do not issue visas in digital format referred to in Article 26a of Regulation (EC) No 810/2009 of the European Parliament and of the Council*.

For the purposes of this Regulation, 'form for affixing a visa' shall mean the document issued by the authorities of a Member State to the holder of a travel document which is not recognised by that Member State, to which its competent authorities affix a visa.”.

_________

* Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243 15.9.2009, p. 1).”.
Regulation (EC) No 694/2003 is amended as follows:

(1) Article 1 is replaced by the following:

“Article 1

1. Facilitated Transit Documents (FTD) issued by the Member States as referred to in Article 2(1) of Regulation (EC) No 693/2003 shall be issued in digital format referred to in Article 26a of Regulation (EC) No 810/2009 of the European Parliament and of the Council * and shall have the same value as limited territorial validity visas with the purpose of transit. In addition, the digital format shall contain clear indication that the issued document is FTD.

2. Facilitated Rail Transit Documents (FRTD) issued by the Member States as referred to in Article 2(2) of Regulation (EC) No 693/2003 shall be issued in digital format referred to in Article 26a of Regulation (EC) No 810/2009 and shall have the same value as limited territorial validity visas with the purpose of transit. In addition, the digital format shall contain clear indication that the issued document is FRT.”.

__________

* Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243 15.9.2009, p. 1).”.

(2) In Article 2(1), the first subparagraph is replaced by the following:

“1. Further technical specifications for the digital format for FTD and FRTD, including relating to the following, shall be established in accordance with the procedure referred to in Article 4(2): ”;

(3) In Article 6, the first subparagraph is replaced by the following:

“2. Member States which have decided to do so shall issue the digital format for FTD and FRTD as referred to in Article 1 no later than one year after the adoption of the additional security features and requirements referred to in Article 2.”.
Article 18 of the Convention implementing the Schengen Agreement is amended as follows:

(1) paragraph 1 is replaced by the following:

“1. Visas for stays exceeding 90 days (long-stay visas) shall be national visas issued by one of the Member States in accordance with its national law or Union law. Such visas shall be in issued digital format referred to in Article 26a of Regulation (EC) No 810/2009.

By way of exception, Member States which do not issue visas in digital format referred to in Article 26a of Regulation (EC) No 810/2009 shall issue visas in the uniform format for visas as set out in Council Regulation (EC) No 1683/95 ( * ) with the heading specifying the type of visa with the letter “D”. They shall be filled out in accordance with the relevant provisions of Annex VII to Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code).”;

(2) the following paragraph 1a is inserted:

“1a. Long-stay visas issued in digital format shall be notified to applicants by electronic means in accordance with Article 7f of Regulation (EC) No 767/2008.”.
Regulation (EC) No 693/2003 is amended as follows:

(1) in Article 2, paragraph 3 is replaced by the following:

“3. The FTD/FRTD shall be issued in digital format referred to in Article 26a of Regulation (EC) No 810/2009*

__________

* Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243 15.9.2009, p. 1).”;

(2) Article 5 is amended as follows:

(a)In paragraph 1, the first sentence is replaced by the following:

“The application for an FTD shall be submitted to the consular authorities of a Member State which has communicated its decision to issue the FTD/FRTD in accordance with Article 12. ”;

(b)the following paragraph 5 is inserted:

“5. The application for an FTD and FRTD shall be carried out using an online application tool. The online application tool shall contain data referred to in paragraphs 3 and 4 of this Article.”.

(3) in Article 6, paragraphs 2, 3 and 4 are replaced by the following:

“2. No FTD/FRTD shall be issued for a travel document that has expired.

3. The period of validity of the travel document for which the FTD/FRTD is issued shall be longer than that of the FTD/FRTD.

4. No FTD/FRTD shall be issued for a travel document if that travel document is not valid for any of the Member States. If a travel document is only valid for one Member State or for a number of Member States, the FTD/FRTD shall be limited to the Member State or Member States in question.”.
Regulation (EU) 2017/2226 is amended as follows:

(1) in Article 16(2), point (d) is replaced by the following:

“(d) where applicable, the short-stay visa number, including the three letter code of the issuing Member State, the type of short-stay visa, the end date of the maximum duration of the stay as authorised by the short-stay visa, which shall be updated at each entry, and the date of expiry of the validity of the short-stay visa;”

(2) Article 19 is amended as follows:,

(a)in paragraph 1, point (d) is replaced by the following:

“(d) where applicable, the new visa number, including the three letter code of the issuing country;”;

(b)the following paragraph 7 is added:

“7. Where a decision has been taken to confirm a valid visa in a new travel document, the visa authority which has taken the decision shall immediately retrieve the data provided for in paragraph 1 of this Article from the VIS and import them directly into the EES in accordance with Articles 12a of Regulation (EC) No 767/2008.”.

(3) in Article 24(2), point (b) is replaced by the following:

“(b) the short-stay visa number, including the three letter code of the issuing Member State referred to in Article 16(2), point (d);”;

(4) in Article 32(5), point (c) is replaced by the following:

“(c) visa number and the date of expiry of the validity of the visa;”.

Article 9 - Evaluation of the EU application platform

1. Five years after the date of start of operations according to Article 12 of this Regulation, the Commission shall evaluate the operation of the EU application platform.  This evaluation shall include an examination of the results achieved against objectives and of the implementation of the provisions of Regulation (EC) No 810/2009 and Regulation (EC) No 767/2008, as amended by this Regulation.

2. The Commission shall transmit the evaluation referred to in paragraph 1 to the European Parliament and the Council. On the basis of the evaluation, the Commission shall submit, where necessary, appropriate proposals.

Article 10 - Start of operations of the EU application platform

1. The Commission shall determine the date from which operations of the EU application platform  start pursuant to this Regulation, once the following conditions have been met:

(a)the measures referred to in Article 1, point (31) and Article 2, points (19) and (20)  have been adopted;

(b)eu-LISA has declared the successful completion of a comprehensive tests;

(c)eu-LISA has validated the technical and legal arrangements 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 way of derogating from paragraph 1, and without prejudice to issuing visas in digital format, a Member State may, for a period of 5 years from the date referred to in paragraph 1, decide not to avail itself of the EU application platform.

In this case, the Member State shall notify the Commission regarding its decision not to avail itself of the EU application platform during the transition period. The Commission shall publish the notification in the Official Journal of the European Union.

During this transitional period, visa holders shall be able to verify the digital visas using the web-service of the online visa application platform, referred to in Article 7g of Regulation (EC) No 767/2008 if the Member State processing their visa application decided not to avail itself of the EU application platform.

4. A Member State may notify the Commission and eu-LISA that it wishes to avail itself of the EU application platform before the end of the transition period referred to in paragraph 3. 

The Commission shall determine the date from which this shall be applicable. The Commission decision shall be published in the Official Journal of the European Union.

Article 11 - Entry into force

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

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.