Considerations on 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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This page contains a limited version of this dossier in the EU Monitor.

 
 
(1) Laissez-passer shall be recognised as valid travel documents by the authorities of the Member States and the Commission concludes agreements for them to be recognised as valid travel documents within the territory of third countries.

(2) In order to provide every guarantee of security and, in particular, to prevent falsification, the laissez-passer of the members and servants of the Community institutions must conform to the standards of the International Civil Aviation Organisation – in particular those appearing in Document 9303 on machine-readable travel documents and the minimum security standards in Council Regulation No 2252/2004 laying down the technical specifications on the standards for security features and biometrics in passports and travel documents issued by Member States[6]. It is therefore advisable to establish rules for the laissez-passer that provide such security guarantees.

(3) Biometric identifiers should be integrated into the laissez-passer in order to establish a reliable link between the genuine holder and the document, making an important contribution to ensuring its protection against fraudulent use.

(4) For the purpose of protecting personal data, the laissez-passer should contain no information other than that provided for in this Regulation.

(5) Given the Commission's level of expertise in this area, it should be empowered to adopt the measures necessary for the application of this Regulation, in compliance with 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[7].

(6) In particular, the Commission should be empowered to determine the security standards and technical specifications applicable to the laissez-passer, which will refer to Commission Decisions C(2005) 409 of 28 February 2005 and C(2006) 2909 of 28 June 2006 laying down the technical specifications on the standards for security features and biometrics in passports and travel documents issued by Member States, in order to guarantee an equivalent security level. The Commission should determine which of these specifications must be kept secret in order to prevent counterfeiting and falsification.

(7) In order to prevent falsification and fraudulent use of the laissez-passer effectively, the Commission should be instructed to designate a single body to be responsible for printing the laissez-passer for all the institutions. This body should be designated in accordance with the provisions applicable to the award of contracts, in particular those in Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities[8], and taking into account the sensitive nature of the documents to be produced.

(8) Provision should be made for the Commission to amend the Annex to this Regulation to reflect any changes to Council Regulation No 1 of 15 April 1958 determining the languages to be used by the European Economic Community[9].

(9) This Regulation replaces the Regulation (ECSC, EEC, Euratom) No 1826/69 of the Council of 15 September 1969 laying down the form of the laissez passer to be issued to members and servants of the institutions[10]. The latter should therefore be repealed.