EU Emergency Travel Document Regulations, 2024

L.N. 311 of 2024

PASSPORTS ORDINANCE

(CAP. 61)

EU Emergency Travel Document Regulations, 2024

IN EXERCISE of the powers conferred upon him by article 9 of

the Passports Ordinance, the Minister responsible for matters relating

to passports has made the following regulations:-

PART I

General Provisions

(1) The title of these regulations is the EU Emergency Citation, scope

and

Travel Document Regulations, 2024.

commencement.

(2)

The scope of these regulations is to

(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

(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.

(3) These regulations shall come into force on such date as the

Minister responsible for matters relating to passports may by notice in

the Gazette establish, and different dates may be so established for

different provisions or purposes of these regulations.

UNIFORM EU ETD FORM

The uniform EU ETD form shall comply with the following

specifications

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.

3. 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.

4. 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 a

single 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.’

5. 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.

These pages shall be reserved for visas and entry/exit stamps.

6. Number of the uniform EU ETD form

A seven (7) digit number shall be pre-printed on the uniform

EU ETD form.

In these regulations, unless the context otherwise requires

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

Representatives and Missions for Malta;

"recipient" means the person being issued an EU

Emergency Travel Document;

"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

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 23. The facial image

or photograph shall be that used for the purposes of regulation 6.

2. The uniform EU ETD sticker shall contain security features

ensuring sufficient protection against falsification taking into account,

in particular, the security features used for the uniform format for

visas.

3. The same security features shall be used for all Member

States.

4. The following shall appear on the uniform EU ETD

sticker

(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 9303.

5. 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

(a) the destination country and any transit country for

which the EU ETD is issued;

(b) issuing Member State and the location of the

issuing authority;

(c)

the date of issuance and the date of expiry;

(d) the EU ETD recipient’s surname and given name/

s, nationality, date of birth and sex;

(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 2018.

9. 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

10. 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.

€1.08

(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 15.

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

Where the passport officer receives an application for an Application

EU ETD from an unrepresented citizen, he shall, as soon as possible received

passport officer

and not later than two (2) working days after receipt of the application, for

by an

consult the Member State of nationality in accordance with article 9 unrepresented

of the Consular Protection (Unrepresented Citizens) Act for the citizen.

purpose of verifying the nationality and identity of the applicant.

The passport officer shall provide the Member State of Relevant

information.

nationality with all relevant information, including

(a) the applicant’s surname

and

given

name/s,

nationality, date of birth and sex;

(b) a facial image of the applicant taken by the passport

officer at the time of application or, only where this is not

feasible, a scanned or digital photograph of the applicant, based

on the standards established by Part 3 of the ICAO Document

9303; and

(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.

(1) Upon confirmation of the applicant’s nationality, Issuance of EU

the passport officer shall provide the applicant with the EU ETD as ETD.

soon as possible and not later than two ( 2 ) working days after

receipt of the confirmation.

(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.

(1) In cases of extreme urgency, the passport officer may Cases of

issue an EU ETD without prior consultation of the Member State of extreme

urgency.

nationality. Before doing so, the passport officer shall have exhausted

the available means of communication with the Member State of

nationality.

(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.

(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.

The passport officer may, in justified cases, take longer

than the time limits laid down in regulations 5, 7(1) and 9.

(1) A copy or scan of every EU ETD issued shall be

stored 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 the

EU ETD, regardless of whether it has expired, upon arrival at the

final destination.

PART IV

Financial provisions

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 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 charging

of fees if an applicant is considered to be destitute.

PART V

Period of Validity

(1) An EU ETD shall be valid for the period required for Period of

validity.

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

(1) Where the applicant’s passport or travel document Optional

has been lost, stolen, destroyed or otherwise cannot be obtained within issuance

ETDs.

a reasonable time, the passport officer may issue EU ETDs

(a)

to Maltese nationals;

(b) to Union citizens who are not represented within

the territory of the Member States, including the overseas

countries and territories referred to in the first sub-paragraph of

Article 355(2) TFEU;

(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;

(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), (b) or

(c), where those family members are legal residents in a

Member State, without prejudice to any applicable visa

requirements;

(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

EU ETDs shall consist of a uniform EU ETD form and a

uniform EU ETD sticker. The said form and sticker shall conform

wi th the specifications set out in Schedules I and II and the

additional technical specifications adopted by the Commission.

When the uniform EU ETD sticker is filled in, the sections

set out in Schedule II shall be completed and the machine-readable

zone filled in, in accordance with the ICAO Document 9303.

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.

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

(a) exceptionally, in the event of technical force majeure,

uniform EU ETD stickers may be filled in manually and a

photograph affixed;

(b) in such cases, the photograph shall have additional

protection against photo substitution; and

(c) no changes shall be made to the uniform EU ETD

sticker which has been filled in manually.

If an error is detected

Detection of

errors.

(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

(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.

The printed uniform EU ETD sticker containing the Completed

completed sections shall be affixed to the uniform EU ETD form in sections

affixed to the

accordance with Schedule I.

uniform EU

ETD form.

The passport officer shall ensure theft-proof storage of Theft-proof

storage of forms

blank uniform EU ETD forms and stickers.

and stickers.

PART VIII

Protection of personal data

(1) Personal data processed for the purposes of these Personal data.

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.

(2) The passport officer and the Member State of nationality

shall ensure appropriate security of personal data.

Without prejudice to the provisions of Regulation (EU) Verification of

2016/679 of the European Parliament and of the Council of 27 April personal data.

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.

No information in machine-readable form shall be Information in

included in an EU ETD unless it also appears in the sections referred machine-

readable form.

to in item 6 of Schedule II.

(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.

(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.

(3) Upon expiry of the retention period the personal data of an

applicant shall be erased

Provided that notwithstanding the provisions of sub-

regulations (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.