CHAPTER III

UNIFORM FORMAT FOR EU ETDs

Uniform format for EU ETDs
Article 8
1
EU ETDs shall consist of a uniform EU ETD form and a uniform EU ETD sticker. That form and that sticker shall conform to the specifications set out in Annexes I and II and the additional technical specifications established in accordance with Article 9.
2
When the uniform EU ETD sticker is filled in, the sections set out in Annex II shall be completed and the machine-readable zone filled in, in line with ICAO Document 9303.
3
In order to achieve the objectives of this Directive, in particular to ensure the exercise of the right to consular protection on the basis of a modern and secure EU ETD format, the Commission is empowered to adopt delegated acts in accordance with Article 11 to amend Annexes I and II as well as references to the standards established by ICAO as referred to in paragraph 2 of this Article and Article 4(2)(b), in response to technical progress.
4
Member States may add any necessary national entries in the ‘remarks’ section of the uniform EU ETD sticker as referred to in point 9 of Annex II. Those national entries shall not duplicate the sections set out in Annex II.
5
All entries on the uniform EU ETD sticker, including the facial image, shall be printed. No manual changes shall be made to a printed uniform EU ETD sticker.
Exceptionally, in the event of technical force majeure, uniform EU ETD stickers may be filled in manually and a photograph affixed. In such cases, the photograph shall have additional protection against photo substitution. No changes shall be made to the uniform EU ETD sticker which has been filled in manually.
6
If an error is detected on the uniform EU ETD sticker which has not yet been affixed to the uniform EU ETD form, the uniform EU ETD sticker shall be invalidated and destroyed. If an error is detected after the uniform EU ETD sticker has been affixed to the uniform EU ETD form, both shall be invalidated and destroyed and a new uniform EU ETD sticker shall be produced.
7
The printed uniform EU ETD sticker containing the completed sections shall be affixed to the uniform EU ETD form in accordance with Annex I.
8
Member States shall ensure theft-proof storage of blank uniform EU ETD forms and stickers.

Additional technical specifications
Article 9
1
The Commission shall adopt implementing acts containing additional technical specifications for EU ETDs relating to the following:
a
design, format and colours of the uniform EU ETD form and sticker;
b
requirements for the material and printing techniques of the uniform EU ETD form;
c
security features and requirements including enhanced anti-forgery, counterfeiting and falsification standards;
d
other rules to be observed for the filling in and issuing of the EU ETD.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).
2
It may be decided that the additional technical specifications referred to in paragraph 1 shall be secret and not be published. In that case, they shall be made available only to the bodies designated by the Member States as responsible for the production of EU ETDs and to persons duly authorised by a Member State or the Commission.

Production of EU ETDs
Article 10
1
Each Member State shall designate a body having responsibility for producing uniform EU ETD forms and stickers. The same body may be designated by several or all Member States.
2
Each Member State shall communicate the name of the body producing its uniform EU ETD forms and stickers to the Commission and to the other Member States. Where a Member State changes its designated body, it shall inform the Commission and the other Member States accordingly.

Exercise of the delegation
Article 11
1
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2
The power to adopt delegated acts referred to in Articles 8(3) and 13(1) shall be conferred on the Commission for an indeterminate period of time from 10 July 2019.
3
The delegation of power referred to in Articles 8(3) and 13(1) may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated act already in force.
4
Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5
As soon as it adopts a delegated act, the Commission shall notify it to the Council.
6
A delegated act adopted pursuant to Articles 8(3) and 13(1) shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of that act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council.
7
The European Parliament shall be informed of the adoption of delegated acts by the Commission, of any objection formulated to them, or of the revocation of the delegation of powers by the Council.

Committee procedure
Article 12
1
The Commission shall be assisted by the Committee established by Article 6 of Regulation (EC) No 1683/95. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Notification to third countries
Article 13
1
Within 21 months of the adoption of the additional technical specifications referred to in Article 9, the Member State holding the Presidency of the Council in accordance with Article 16(9) TEU shall provide specimens of the uniform EU ETD form and sticker to the Commission and the EEAS.
The Commission is empowered to adopt delegated acts in accordance with Article 11 to amend the first subparagraph of this paragraph by designating another Member State as the state responsible for providing the specimens referred to in that subparagraph, on the basis of objective criteria, such as the presence on its territory of the body designated for the production of EU ETDs by several or all Member States.
2
The EEAS shall transmit the specimens of the uniform EU ETD form and sticker to Union delegations in third countries.
3
Union delegations in third countries shall notify the relevant authorities in the respective third countries of the usage of the EU ETD as well as its uniform format and main security features, including by providing specimens of the uniform EU ETD form and sticker for reference purposes. The notification of an individual third country shall be repeated upon request of that third country. The notification shall not include specifications which are to be kept secret in accordance with Article 9(2).
4
Each time the uniform EU ETD form or sticker is modified, the procedure set out in paragraphs 1 to 3 shall be repeated. The deadline referred to in paragraph 1 shall be 21 months after the adoption of the modified format of the uniform EU ETD form or sticker.
5
Where no Union delegation is present in a third country, represented Member States shall decide through local consular cooperation which Member State shall notify the relevant authorities of that third country of the uniform EU ETD format as well as its main security features. The EEAS shall coordinate with the Member State concerned the transmission of specimens of the uniform EU ETD form and sticker for that purpose.