L.S. 61.03 Regolamenti dwar Dokument Provviżorju tal-Ivvjaġġar tal-UE

(1)The title of these regulations is the EU Emergency Travel Document Regulations.

(2)Citation and scope. The scope of these regulations is to: (

1. a)transpose the provisions of Council Directive (EU) 2019/997 of 18 June 2019 establishing an EU Emergency Travel Document and repealing Decision 96/409/CFSP; and (
2. b)lay down rules on the conditions and procedure for unrepresented citizens in third countries to obtain an EU Emergency Travel Document and establish a uniform format for the said document. 2. requires: In these regulations, unless the context otherwise Interpretation. "applicant" means the person applying for an EU Emergency Travel Document; "assisting Member State" means the Member State receiving an application for an EU Emergency Travel Document; "ICAO Document 9303" means the International Civil Aviation Organization (ICAO) Document 9303 on Machine Readable Travel Documents (Seventh Edition, 2015); "Member State" means a Member State of the European Union; "Member State of nationality" means the Member State of which the applicant declares to be a citizen thereof, and includes Malta; "Ordinance" means the Passports Ordinance; "passport officer" shall have the same meaning as assigned to it by the Passport Regulations and for the purposes of these regulations shall also include Diplomatic and Consular Cap. 61.  S.L. 61.02. 2 [ S.L. 61.03 EU EMERGENCY TRAVEL DOCUMENT Representatives and Missions for Malta; "recipient" means the person being issued an EU Emergency Travel Document;    Cap. 580. "unrepresented citizen" means any citizen holding the nationality of a Member State who is not represented in a third country as stipulated in article 2 of the Consular Protection (Unrepresented Citizens) Act, or as otherwise stipulated in these regulations; "working days" means all days other than public holidays or weekends observed by the authority required to act. PART II The EU Emergency Travel Document The EU Emergency Travel Document. 3.

(1)The EU Emergency Travel Document, hereinafter referred to as EU ETD, is a travel document that shall be issued by the passport officer to an unrepresented citizen in a third country for a single journey to the citizen’s Member State of nationality or residence, as requested by the citizen, or in exceptional circumstances, to another destination.

(2)The passport officer may also decide to issue EU ETDs to other recipients in accordance with regulation

1. Lost, stolen or destroyed passports.
2. The passport officer shall issue EU ETDs to unrepresented citizens in third countries whose passports or travel documents have been lost, stolen, destroyed or otherwise cannot be obtained within a reasonable time in accordance with the procedure set out in Part III. PART III Procedure Application received by passport officerfor an EU ETDby an unrepresented citizen. Cap.
4. Where the passport officer receives an application for anEU ETD from an unrepresented citizen, he shall, as soon as possible and not later than two

(2)working days after receipt of the application, consult the Member State of nationality in accordance with article 9 of the Consular Protection (Unrepresented Citizens) Act for the purpose of verifying the nationality and identity of the applicant. Relevant information. 6. The passport officer shall provide the Member State of nationality with all relevant information, including: (

1. a)the applicant’s surname and given name/s, nationality, date of birth and sex; (
2. b)a facial image of the applicant taken by the passport officer at the time of application or, only where this is EU EMERGENCY TRAVEL DOCUMENT [ S.L. 61.03 3 not feasible, a scanned or digital photograph of the applicant, based on the standards established by Part 3 of the ICAO Document 9303; and (
3. c)a copy or scan of any available means of identification, such as an identity card or driving licence, and where available, the type and number of the substituted document and the national registration or social security number. 7.

(1)Upon confirmation of the applicant’s nationality,the passport officer shall provide the applicant with the EU ETD as soon as possible and not later than two

(2)working days after receipt of the confirmation. Issuance of EU ETD.

(2)In cases where the passport officer is informed by the Member State of nationality that it is objecting to an EU ETD being issued to one of its citizens, the EU ETD shall not be issued: Provided that in such cases, the Member State of nationality may assume responsibility for providing consular protection to its citizen in accordance with its legal obligations and practice: Provided further that the passport officer shall, in close consultation with the Member State of nationality inform the applicant accordingly. 8.

(1)In cases of extreme urgency, the passport officer may issue an EU ETD without prior consultation of the Member State of nationality. Before doing so, the passport officer shall have exhausted the available means of communication with the Member State of nationality. Cases of extreme urgency.

(2)The passport officer shall notify as soon as possible the Member State of nationality of the fact that an EU ETD has been issued and of the identity of the person to whom the EU ETD was issued. The said notification shall include all data which was included on the EU ETD. 9.

(1)No later than three

(3)working days after receipt of a request in respect of an unrepresented citizen of Malta or any other person as provided for in regulation 15, the pertinent authority in Malta shall respond to the consultation in accordance with article 9 of the Consular Protection (Unrepresented Citizens) Act and shall confirm whether the applicant is its national.

(2)If the pertinent authority in Malta is unable to respond within three

(3)working days, it shall within the said period, inform the assisting Member State and shall provide an indication of when the response is to be expected. Application received by a Member State in respect of an unrepresented citizen of Maltaor any other person as provided for in regulation 15. Cap. 580. 4 [ S.L. 61.03 EU EMERGENCY TRAVEL DOCUMENT Justified cases. 10. The passport officer may, in justified cases, take longer than the time limits laid down in regulations 5, 7

(1)and 9. Copies of ETD. 11.

(1)A copy or scan of every EU ETD issued shall bestored by the passport officer and the passport officer shall send another copy or scan to the applicant’s Member State of nationality.

(2)The recipient of an EU ETD shall be asked to return theEU ETD, regardless of whether it has expired, upon arrival at the final destination. PART IV Financial provisions Fees.

1. The passport officer shall charge the applicant such fees as it charges Maltese nationals for the issuance of national emergency documents. Where applicants are unable to pay any applicablefees. Cap.
3. Where applicants are unable to pay any applicable fees to a passport officer when submitting their application, they shall undertake to repay their Member State of nationality such fees using the standard form set out in Schedule I to the Consular Protection (Unrepresented Citizens) Act. In such cases, articles 11

(2), 13 and 14 of the Consular Protection (Unrepresented Citizens) Act shall apply: Provided that the passport officer may waive the chargingof fees if an applicant is considered to be destitute. PART V Period of Validity Period ofvalidity. 14.

(1)An EU ETD shall be valid for the period required for completion of the journey for which it is issued.

(2)In calculating that period, allowance shall be made for necessary overnight stops and for making travel connections.

(3)The period of validity shall include an additional grace period of two

(2)days: Provided that, except in exceptional circumstances, the validity of an EU ETD shall not exceed fifteen

(15)calendar days. PART VI Optional issuance of EU ETDs Optional issuance of EU ETDs. 15.

(1)Where the applicant’s passport or travel document has been lost, stolen, destroyed or otherwise cannot be obtained within a reasonable time, the passport officer may issue EU ETDs: (

1. a)to Maltese nationals; EU EMERGENCY TRAVEL DOCUMENT [ S.L. 61.03 (
2. b)to Union citizens who are not represented withinthe territory of the Member States, including the overseas countries and territories referred to in the first sub-paragraph of Article 355

(2)TFEU; (

1. c)to citizens of another Member State which is represented in the country where they seek to obtain the EU ETD and where arrangements between the relevant Member States exist to that effect; (
2. d)to family members who are not Union citizens, accompanying Union citizens who are not represented in a third country or Union citizens referred to in paragraphs (a), (
3. b)or(c), where those family members are legal residents in a Member State, without prejudice to any applicable visa requirements; (
4. e)to other persons to whom Malta or another Member State is obliged under international or national law to provide protection and who are legal residents in a Member State.

(2)Where the passport officer issues EU ETDs in accordance with: (a) paragraphs (b) or (c) of sub-regulation

(1), the consultation set out in regulation 5 shall involve the Member State of nationality of Union citizens; (b) paragraph (d) of sub-regulation

(1), the consultation set out in regulation 5 shall involve the Member State of nationality of the accompanied Union citizen and, where necessary, the Member State of residence of the family member: Provided that, notwithstanding the provisions of regulation 8, no EU ETD shall be issued without prior consultation with the Member State of nationality of the accompanied Union citizen and, where necessary, the Member State of residence of the family member; (c) paragraph (e) of sub-regulation

(1), the consultation set out in regulation 5 shall involve the Member State obliged under international or national law to provide protection to the applicant, which shall be the destination country indicated on the EU ETD. PART VII Uniform Format for EU ETDs 5 6 [ S.L. 61.03 EU EMERGENCY TRAVEL DOCUMENT Uniform format for EU ETDs. 16. EU ETDs shall consist of a uniform EU ETD form and a uniform EU ETD sticker. The said form and sticker shall conform w i t h t h e specifications set out in Schedules I and II and the additional technical specifications adopted by the Commission. ICAO Document 9303. 17. When the uniform EU ETD sticker is filled in, the sections set out in Schedule II shall be completed and the machinereadable zone filled in, in accordance with the ICAO Document 9303. Addition of necessary national entries. 18. The passport officer may add any necessary national entries in the ‘remarks’ section of the uniform EU ETD sticker as referred to in item 9 of Schedule II. T h e s a i d national entries shall not duplicate the sections set out in Schedule II. Entries on the uniform EU ETD sticker tobe printed. 19. 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: Provided that: (

1. a)exceptionally, in the event of technical force majeure, uniform EU ETD stickers may be filled in manually and a photograph affixed; (
2. b)in such cases, the photograph shall have additional protection against photo substitution; and (
3. c)no changes shall be made to the uniform EU ETD sticker which has been filled in manually. Detection of errors. 20. If an error is detected: (
4. a)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; and (
5. b)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. Completed sections shall be affixed to the uniform EU ETD form. 21. The printed uniform EU ETD sticker containing the completed sections shall be affixed to the uniform EU ETD form in accordance with Schedule I. Theft-proof storage of formsand stickers. 22. The passport officer shall ensure theft-proof storage of blank uniform EU ETD forms and stickers. PART VIII Protection of personal data EU EMERGENCY TRAVEL DOCUMENT [ S.L. 61.03 23.

(1)Personal data processed for the purposes of these regulations, including the facial image or photograph of the applicant referred to in regulation 6, shall only be used to verify the identity of the applicant in accordance with the procedure set out in regulation 5, to print the uniform EU ETD sticker and to facilitate travel of the said applicant. 7 Personal data.

(2)The passport officer and the Member State of nationality shall ensure appropriate security of personal data.

1. Without prejudice to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), an applicant to whom an EU ETD is issued shall have the right to verify the personal data contained in the EU ETD and, where appropriate, to ask for corrections to be made by issuing a new document. Verification of personal data.
2. No information in machine-readable form shall be included in an EU ETD unless it also appears in the sections referred to in item 6 of Schedule II. Information in machine- readable form. 26.

(1)Subject to the provisions of sub-regulations

(2)and

(3), the passport officer shall retain the personal data of an applicant only for as long as necessary, including for the collection of the fees referred to in regulation 13. Retention of personal data.

(2)Personal data shall not be retained longer than one hundred and eighty

(180)days by the passport officer in the case where an EU ETD is issued by the passport officer, or longer than two

(2)years where the Government is consulted by another Member State in accordance with article 9 of the Consular Protection (Unrepresented Citizens) Act for the purpose of verifying the nationality and identity of the applicant.       Cap. 580.

(3)Upon expiry of the retention period the personal data of an applicant shall be erased: Provided that notwithstanding the provisions of subregulations

(1)and

(2), the passport officer shall ensure the safe destruction of any returned EU ETD and of all related copies as soon as possible. SCHEDULE I UNIFORM EU ETD FORM The uniform EU ETD form shall comply with the following specifications: 8 [ S.L. 61.03 EU EMERGENCY TRAVEL DOCUMENT

1. Format and size The uniform EU ETD form shall be in a trifold design (a single sheet printed on both sides and folded into three). When folded, the size of the form shall comply with the ISO/IEC 7810 ID-3 standard.
2. Page one: Cover page The cover page of the uniform EU ETD form shall contain, in this order, the words ‘EUROPEAN UNION’ in all the official languages of the Union and the words ‘ EMERGENCY TRAVEL D O C U M E N T’ a n d ‘T I T R E D E V O YA G E PROVISOIRE’. It shall also feature twelve

(12)golden stars forming a circle.

1. Page two: Affixing the uniform EU ETD sticker The uniform EU ETD sticker shall be securely affixed to the second page of the uniform EU ETD form in such a way as to prevent easy removal. The uniform EU ETD sticker shall be aligned with and affixed to the edge of the page. The machine-readable zone of the uniform EU ETD sticker shall be aligned with the outer edge of the page. The stamp of the issuing authorities shall be placed on the uniform EU ETD sticker in such a manner that it extends onto the page.
2. Pages three and four: Information The third and fourth page shall contain translations of ‘Emergency Travel Document’ as well as of the captions of the uniform EU ETD sticker in all the official languages of the Union except for English and French. The following text shall also appear: ‘This EU Emergency Travel Document is a travel document issued by a Member State of the European Union for asingle journey to the holder’s Member State of nationality or residence or, exceptionally, to another destination. Authorities of non-EU countries are hereby requested to allow the holder to pass freely without hindrance. Le présent titre de voyage provisoire de l’UE est un titre de voyage délivré par un État membre de l’Union européenne aux fins d’un trajet unique vers l’État membre de nationalité ou de résidence du détenteur, ou, à titre exceptionnel, vers une autre destination. Les autorités des pays tiers sont priées d’autoriser le détenteur du titre de voyage provisoire à circuler sans entraves.’
3. Pages five and six: Visas and entry/exit stamps The fifth and sixth pages shall bear the heading ‘VISA/VISA’ and shall otherwise be left blank. EU EMERGENCY TRAVEL DOCUMENT [ S.L. 61.03 These pages shall be reserved for visas and entry/exit stamps.
4. Number of the uniform EU ETD form A seven

(7)digit number shall be pre-printed on the uniform EUETD form. SCHEDULE II UNIFORM EU ETD STICKER The uniform EU ETD sticker shall comply with the following specifications: Features of the uniform EU ETD sticker

1. The uniform EU ETD sticker shall contain a facial image of the holder printed to high security standards except where a photograph is used in accordance with regulation
2. The facial image or photograph shall be that used for the purposes of regulation
4. The uniform EU ETD sticker shall contain security featuresensuring sufficient protection against falsification taking into account, in particular, the security features used for the uniform format for visas.
5. States. The same security features shall be used for all Member
6. sticker: The following shall appear on the uniform EU ETD (a) the abbreviation ‘EU ETD/TVP UE’; (b) the words ‘European Union/Union européenne’; (c) the three

(3)letter code ‘EUE’ as set out in ICAO Document

2. The uniform EU ETD sticker shall contain the seven

(7)digit number of the uniform EU ETD sticker in horizontal orientation pre-printed in black. A special font type shall be used. The said number shall be preceded by the two-letter country code of the issuing Member State as set out in ICAO Document 9303 which can be either pre-printed or added when the uniform EU ETD sticker is filled in. For security purposes, the same seven

(7)digit number may be pre-printed several times on the uniform EU ETD sticker. Parts to be completed 6. The uniform EU ETD sticker shall contain parts for the following information: 9 10 [ S.L. 61.03 EU EMERGENCY TRAVEL DOCUMENT (

1. a)the destination country and any transit country for which the EU ETD is issued; (
2. b)issuing Member State and the location of the issuing authority; (
3. c)the date of issuance and the date of expiry; (
4. d)the EU ETD recipient’s surname and given name/s, nationality, date of birth and sex; (
5. e)the number of the uniform EU ETD form to which the uniform EU ETD sticker shall be affixed as referred to in item 6 of Schedule I. 7. The captions of the parts to be completed shall appear in English and French and shall be numbered. 8. Dates shall be written as follows: two

(2)digits for the day, the first of which is a zero if the day in question is a single digit; two

(2)digits for the month, the first of which is a zero if the month in question is a single digit; four

(4)digits for the year. There shall be a blank space after the day and the month. For example: 20 01 2018 = 20 January

2. The uniform EU ETD sticker shall contain a ‘remarks’ section which shall be used by the issuing authority to indicate any further necessary information, for example the type and number of the substituted document. Machine-readable information
3. The uniform EU ETD sticker shall contain the relevant machine-readable information in accordance with ICAO Document 9303 to facilitate external border controls. The capital letters ‘PU’ shall be used as the first two

(2)characters of the machine-readable zone to designate the document as an EU Emergency Travel Document. The machine-readable zone shall contain a printed text in the visible background printing with the words ‘European Union’ in all the official languages of the Union. The said text shall not affect the technical features of the machine-readable zone or its ability to be read. 11. Space shall be reserved for the possible addition of a common 2D barcode.