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Security of identity cards and residence documents

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Security of identity cards and residence documents

SUMMARY OF:

Regulation (EU) 2019/1157 — strengthening the security of identity cards and of residence documents issued to EU citizens and their family members exercising their right of free movement

WHAT IS THE AIM OF THE REGULATION?

It strengthens the security of identity cards EU countries issue to their own nationals and of residence documents they provide other EU citizens and their family members.
It introduces minimum standards for the information contained on the cards and the security features all EU countries issuing such documents must apply.

KEY POINTS

Scope

The regulation applies to:

identity cards, except for provisional documents valid for less than 6 months, EU countries issue to their own nationals;
registration certificates for EU citizens living in another EU country for more than 3 months and residence documents for those there permanently;
residence cards and permanent residence cards for EU citizens’ family members who are not EU nationals.

Identity cards

Identity cards must be produced in ID-1 format, contain a machine-readable zone (MRZ) and meet certain specifications and security standards, including:
- the size, layout and content (name, sex, nationality, date of birth, optional personal features, document number and expiry date) requirements of International Civil Aviation Organization Document (ICAO) 9303;
- the title ‘identity card’ or another well-established national designation in the official language of the issuing EU country, and the words ‘identity card’ in at least one other official EU language;
- the two-letter code of the issuing EU country inside the EU flag on the front;
- a highly secure storage medium containing the holder’s facial image and 2 fingerprints
  - children under 6 are exempt from fingerprints and
  - children between 6 and 12 may be exempted;
- other details and observations required by national law.
They are valid for a minimum of 5 and a maximum of 10 years. EU countries:
- may limit this to less than 5 years in exceptional cases and for minors;
- may extend this to over 10 years for people aged 70 and above;
- must restrict validity to 12 months or less when it is temporarily physically impossible to take an applicant’s fingerprints.
Those currently in circulation will no longer be valid on their expiry date:
- or at the latest by 3 August 2031 if they do not meet the new requirements;
- or at the latest by 3 August 2026 if they do not meet the minimum security standards of Part 2 of ICAO Document 9303 or include a functional MRZ;
- if issued to people aged 70 and over and meet the ICAO security and MRZ requirements.

Residence documents issued to EU citizens must, as a minimum, contain:

the document’s title in the EU country’s official language(s);
a clear reference that they are issued according to Directive 2004/38/EC (see summary on EU freedom of movement and residence);
document number;
holder’s surname and forename(s);
holder’s date of birth;
the information to be included on registration certificates and documents certifying permanent residence;
issuing authority;
the 2-letter code of the issuing EU country inside the EU flag on the front.

Residence cards for family members who are non-EU nationals:

must use the uniform format established by Regulation (EC) No 1030/2002 as amended by Regulation (EU) 2017/1954 and Implementing Decision C(2018) 7767; and
have the title ‘Residence Card’ or ‘Permanent residence card’ according to Directive 2004/38/EC and the standardised code ‘Family Member EU Art 10 DIR 2004/38/EC’ or ‘Family Member EU Art 20 DIR 2004/38/EC’;
currently in circulation will no longer be valid on their expiry date or by 3 August 2026, whichever is earlier. Cards that do not meet minimum security standards or include a functional MRZ will no longer be valid on their expiry date or by 3 August 2023, whichever is earlier.

EU countries:

establish at least one central authority as a contact point to implement the legislation;
apply appropriate and effective procedures to collect biometric identifiers by qualified and duly authorised staff. These must comply with the EU Charter of Fundamental Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms and the United Nations Convention on the Rights of the Child;
provide appropriate procedures that respect the dignity of the person concerned if difficulties arise when biometric identifiers are collected;
ensure the security, integrity, authenticity and confidentiality of the data collected and stored;
are responsible for the erasure or destruction of biometric identifiers once the document is collected or, at the latest, 90 days after it is issued.

The European Commission:

establishes, by 2 August 2020, a detailed programme to monitor the outputs, results and impact of the legislation, including on fundamental rights;
reports to the European Parliament, the Council and the European Economic and Social Committee (EESC) on the legislation’s impact, especially on protection of fundamental rights and personal data, 2 and 11 years after it takes effect;
evaluates application of the legislation for the European Parliament, the Council and the EESC 6 years after it takes effect, and after that at 6-yearly intervals, focusing on:
- impact on fundamental rights
- mobility of EU citizens
- effectiveness of biometric verification for security of travel documents
- possible use of residence cards as travel documents
- possible further visual harmonisation of identity cards
- need to introduce common security features for provisional identification documents;
adopts implementing acts on additional technical specifications required by the regulation.

FROM WHEN DOES THE REGULATION APPLY?

It applies from 2 August 2021. From this date, all new identity and residence documents must meet the new criteria.

BACKGROUND

The combination of increased travel and fragmented regulations makes the security of identity documents a key element in the fight against terrorism, organised crime and identity theft.
The regulation is part of the Commission’s 2016 action plan to tackle travel document fraud. This called for measures to improve the security of documents such as identity and residence cards, particularly in the light of recent terrorist attacks.
The regulation does not require EU countries to introduce identity cards or to make the holding of an identity card compulsory. Nor does it prevent them from using other documents, such as driving licences, for domestic identification purposes.

MAIN DOCUMENT

Regulation (EU) 2019/1157 of the European Parliament and of the Council of 20 June 2019 on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement (OJ L 188, 12.7.2019, pp. 67-78)