Royal Decree 896/2003 of 11 July, governing the issue of the ordinary passport and determining its characteristics, provides that competition for the issue of the ordinary passport abroad corresponds to the Spanish Diplomatic Missions and Consular Offices, and the Ministry of Foreign Affairs and Cooperation must communicate the relations of passports issued to the Ministry of the Interior.

Council Regulation (EC) No 2252/2004 of 13 December 2004 on rules for security measures and biometric data in passports and travel documents issued by the Member States, as amended by the Regulation (EC) No 444/2009 of the European Parliament and of the Council of 28 May 2009 establishing an obligation for passports with a validity of more than 12 months to contain a high-security storage medium containing the image facial and two fingerprints of the holder.

The technical complexity of the issue of the new model of ordinary passport has prevented the diplomatic missions and Spanish Consular Offices from the technical means necessary for the local expedition of the same, which is carried out centrally in the Ministry of Foreign Affairs and Cooperation.

However, there are situations in which the urgent need to issue an ordinary passport to a Spanish citizen who is abroad and is not scheduled to return to Spain is credited. is currently settled by the old model of passport book, which lacks the minimum security standards required by the European Union legislation.

In order to solve these situations, the Ministry of Foreign Affairs and Cooperation has entrusted the National Mint and Timbre with the elaboration of a new model of passport, which, under the name of provisional, permit their immediate dispatch by the Spanish Diplomatic Missions and Consular Offices in duly accredited cases of urgency.

It is also necessary to regulate the laissez-passer, a travel document that is issued to the Spanish citizens, who lack documentation they need to return to Spain as a matter of urgency, and to the foreigners whose protection International protection has been assumed by our country or authorized to move to Spain to apply for international protection.

In its virtue, on the proposal of the holders of the Ministries of Foreign Affairs and Cooperation and of the Interior, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and after deliberation by the Council of Ministers at its meeting on 15 February 2013,

DISPONGO:

Article 1. Nature of the provisional passport and functions.

1. The provisional passport is a form of ordinary passport that can be issued to Spanish citizens at the Spanish Diplomatic Missions or Consular Offices when it is not possible to issue the model that incorporates the support storage of biometric identifiers.

2. The identity and nationality of Spanish citizens shall be accredited outside Spain unless proof to the contrary and, within the national territory, the same circumstances as those non-resident Spaniards.

3. The right to obtain them, the procedure for issuing them, their replacement, cancellation, withdrawal and obligations of their holders shall be governed by the provisions laid down in the rules governing the issue of the ordinary passport.

Article 2. Bodies competent for the management and issuance of the provisional passport.

It is for the processing and issuance of provisional passports to the Spanish Diplomatic Missions and Consular Offices.

The Ministry of Foreign Affairs and Cooperation shall communicate to the Ministry of the Interior (Directorate-General of the Police), with a maximum frequency of two months, by means of the computerized and telematic procedure to be established by both departments, the relations of provisional passports issued by the various diplomatic and consular representations.

Article 3. Procedure of dispatch.

The provisional passport will be issued to the Spaniards who request it at the Spanish diplomatic missions or consular posts and credit the urgent need for obtaining them, for not having to return to Spain and not be able to wait for an ordinary passport to be issued to them.

The requirements and the deadline for issuing them shall be the same as those laid down in the ordinary passport regulations.

Article 4. Validity of provisional passport.

The provisional passport shall be valid for a period of not more than 12 months, with the application of the other provisions which, on validity, lay down the rules governing the ordinary passport.

Article 5. Characteristics and description of the provisional passport.

1. The provisional passport shall be made up of a book which, in addition to the covers, will have 16 numbered pages. The number of pages of the passport will be indicated at the bottom of the passport in Spanish, French and English.

2. Its dimensions shall be 88 × 125 millimetres, with a tolerance of 0,75 mm for each side.

3. The cover shall be green in colour, in the order detailed below, the following entries:

a) "SPAIN".

b) The printed figure of the shield of Spain.

(c) "PROVISIONAL PASSPORT".

4. Each provisional passport shall have a serial number which shall be repeated on all its pages, except in the first and second pages, by means of drilling, in addition to the number of security measures deemed necessary.

Article 6. Content.

1. The first page of the provisional passport shall, in the following order, contain the following

:

a) "SPAIN".

b) The printed figure of the shield of Spain.

(c) "PROVISIONAL PASSPORT".

d) "EMERGENCY PASSPORT".

e) "PASSPORT PROJECT".

2. The second page will be plasticized with a safety sheet, which will incorporate graphic and optical measures, as well as a ghost image to prevent manipulation, and will contain the following mentions:

a) The passport number, which will match the serial number of the book.

b) A personal identifier number, which shall be that of the registration of its holder in the Registry of Consular Registry.

(c) The Diplomatic Mission or Consular Consular Office.

(d) Surnames, names, nationality, date and place of birth and sex, as well as the dates of issue and expiry of the passport. It shall also contain the digitised signature of the holder, for which purpose, to be provided, shall be sent to the issuing units.

These terms will be written in Spanish, English and French.

e) The digitised photograph of the holder.

f) Two lines of OCR characters at the bottom of the page for the mechanical reading of the data.

3. The third page shall be reserved for the authorities responsible for issuing this document, so that the observations may be collected in each case. The words on this page will be written in Spanish, English and French.

4. The fourth page will contain the French and English translation of the data on the second page.

5. Another of its pages will also be devoted to the partial reproduction of the provisions governing passports and a reproduction of Article 23 of the Treaty on the Functioning of the European Union, with the remainder of the visa pages being reserved.

Article 7. Nature of the laissez-passer and functions.

The laissez-passer is a public, personal, individual and non-transferable document, issued by the Spanish Diplomatic Missions or Consular Offices in the cases referred to in the following article, with the sole purpose of allowing The holder shall be moved to Spain from the place of dispatch.

Article 8. Right to obtain the laissez-passer by the Spanish citizens and the possibility of their expedition to foreign citizens.

1. All Spanish citizens have the right to be issued with a laissez-passer if they need to move to Spain and lack an ordinary or provisional passport.

The obtaining of a laissez-passer by Spanish citizens subject to parental rights or guardianship shall be conditional on the express consent of the person or body assigned to his or her exercise or, in the absence thereof, of the judicial body. competent.

2. The Spanish diplomatic missions or consular posts, subject to the express authorization of the Directorate General of Spanish Foreign Affairs and Consular and Migration Affairs of the Ministry of Foreign Affairs and Cooperation, may issue laissez-passer to foreigners whose international protection has been assumed by Spain in application of the Spanish legislation.

In addition, subject to the express authorization referred to in the preceding paragraph, they may issue laissez-passer to promote the transfer of the applicants for international protection to Spain in order to enable the presentation of the application, as provided for in Article 38 of Law 12/2009 of 30 October, on the right of asylum and subsidiary protection.

3. The authorisation for the dispatch of the laissez-passer to a foreigner, in the cases referred to in the previous paragraph, shall be subject to a favourable prior report of the Office of Asylum and Refuge of the Ministry of the Interior.

Article 9. Validity of the laissez-passer.

The laissez-passer shall be limited to the time strictly necessary for the return to Spain of its holder, without it being able to have a temporary validity exceeding the date provided for the effective entry of its holder in Spanish territory.

Article 10. Obligations of the holders of a laissez-passer.

The holders of a laissez-passer must hand it over to the officials of the National Police Corps in charge of the control of entry in Spain or, where appropriate, a Commissioner of the National Police Corps within the maximum period of time. three business days from your entry into Spain.

In the case of foreigners whose international protection has been assumed by Spain or when the laissez-passer has been issued for the transfer of an applicant for international protection to our country, its holder must deliver it to the Home Office's Asylum and Shelter Office within the maximum three working days from its entry into Spain.

Article 11. Characteristics and description of the laissez-passer.

1. The laissez-passer shall be issued on a sheet of paper with the letterhead of the Diplomatic Mission or Consular Office, in accordance with the model set out in the Annex.

2. A photograph of the face of the applicant meat-size, in colour and with a clear, smooth and uniform background, taken from the front, and without glasses of dark crystals or any other garment preventing the identification of the applicant, shall be affixed to the upper right-hand side. person.

3. The text of the laissez-passer, if necessary, may be translated into other languages by the Diplomatic Mission or Consular Office that issues it.

4. The laissez-passer shall be signed by the Spanish official who issues it, and the stamp of the Diplomatic Mission or Consular Office must be stamped on it.

5. The laissez-passer shall be issued free of charge and shall incorporate the date of validity thereof.

Transitional disposition. Validity of the issued passports.

The new provisional passport model will be progressively implemented to the extent that technical circumstances permit. Passports that have been issued or continue to be issued with the previous model of the book shall remain valid until the period for which they were issued expires.

Final disposition first. Amendment of Royal Decree 896/2003 of 11 July, which regulates the ordinary passport and determines its characteristics.

Article 5.7 of Royal Decree 896/2003 of 11 July, which regulates the ordinary passport and determines its characteristics, is worded as follows:

" 7. In the case of a passport applicant who is abroad and does not have a passport issued to him, either for loss or theft, or for being in a country to which he may travel without a passport, the Diplomatic Mission or Consular Office may issue a provisional passport with the characteristics and validity of certain regulations. "

Final disposition second. No increase in expenditure.

The measures included in this royal decree will not be able to increase either appropriations or salaries or other personnel costs.

Final disposition third. Ratings.

The holder of the Ministry of Foreign Affairs and Cooperation is enabled to give, prior to the favorable report of the Ministry of Interior, the necessary implementing provisions for the execution of this royal decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on February 15, 2013.

JOHN CARLOS R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON

ANNEX