59 Amendments of Brice HORTEFEUX related to 2014/0094(COD)
Amendment 99 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 104 #
Proposal for a regulation
Recital 12
Recital 12
(12) It is necessary to set out rules on the transit through international areas of airports in order to combat irregular immigration and address any serious threats to public policy or internal security. To this end a common list of third countries the nationals of which should be required to hold airport transit visas should be established. Nevertheless, when a Member State experiences a sudden and substantial influx of irregular immigrants or a serious threat to public policy or internal security, it should be be able to introduce temporarily the airport transit visa requirement for nationals of a given third country. The conditions and procedures for doing so should be laid down, in order to ensure that the application of this measure is limited in time and that in accordance with the principle of proportionality, it does not go beyond what is necessary in order to achieve the objective. The scope of the airport transit visa requirement should be limited to responding to the specific situation that prompted the introduction of the measure.
Amendment 109 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to facilitate the visa application procedure of any subsequent application, it should be possible to copy fingerprints from the first entry into the VIS within a period of 59 months and to carry out further checks or collect the fingerprints again if any doubts arise. Once this period of time has elapsed, the fingerprints shouldmust be collected again.
Amendment 110 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 116 #
Proposal for a regulation
Recital 24
Recital 24
(24) Professional, cultural and sports associations known to the consulate for their reliability and integrity, as well as accredited commercial intermediaries should be allowed to lodge applications on behalf of visa applicants.
Amendment 118 #
Proposal for a regulation
Recital 26
Recital 26
(26) Multiple entry visas with a long validity should be issued according to objectively determined criteria. The validity of a multiple entry visa cshould not, in principle, go beyond the validity of the travel document in which it is affixed.
Amendment 121 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 138 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
6. '‘touring visa'’ means a visa as defined in Article 3(2) of [Regulation No…/…]n authorisation issued by a Member State with a view to an intended stay in the territory of two or more Member States for a duration of more than 90 days in any 180-day period, provided that the applicant does not stay for more than 90 days in any 180-day period in the territory of the same Member State;
Amendment 139 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 145 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. 'VIS registered regular traveller' means a visa applicant who is registered in the Visa Information System and who has obtained twoand made lawful use of three visas within the 128 months prior to the application and has shown that he fulfilled the entry conditions, and the risk assessment concerning whom has proved satisfactory;
Amendment 148 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
12. 'valid travel document' means a travel document that is not false, counterfeit or forged, which has not been either stolen or improperly obtained, and the period of validity of which as defined by the issuing authority has not expired;
Amendment 152 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where there is a sudden and substantial influx of irregular immigrants or a serious threat to public policy or internal security, a Member State may require nationals of third countries other than those referred to in paragraph 1 to hold an airport transit visa when passing through the international transit areas of airports situated on its territory. The duration of such a measure shall not exceed 12 months. The scope and duration of the airport transit visa requirement shall not exceed what is strictly necessary to respond to the sudden and substantial influx of irregular immigrants or the serious threat to public policy or internal security.
Amendment 154 #
Proposal for a regulation
Article 3 – paragraph 4 – point a
Article 3 – paragraph 4 – point a
(a) the reason for the planned airport transit visa requirement, substantiating the sudden and substantial influx of irregular immigrants or the serious threat to public policy or internal security;
Amendment 156 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 158 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Member State may prolong the application of the airport transit visa requirement only once where the lifting of the requirement would lead tofor as long as necessary, on condition that the duration of this prolongation is proportionate and does not exceed what is strictly necessary in order to cope with a substantial influx of irregular migrants. Paragraph 3 shall apply to such or a serious threat to public prolongationicy or internal security.
Amendment 160 #
Proposal for a regulation
Article 3 – paragraph 6 a (new)
Article 3 – paragraph 6 a (new)
6a. Where the Member State plans to prolong the application of the airport transit visa requirement, it shall notify the European Commission accordingly as soon as possible, supplying the following information: (a) the reason for the planned prolongation of the airport transit visa requirement, showing that a suspension of the obligation would lead to a sudden and substantial influx of irregular immigrants or a serious threat to public policy or internal security; (b) the scope and duration of the planned prolongation of the airport transit visa requirement.
Amendment 161 #
Proposal for a regulation
Article 3 – paragraph 6 b (new)
Article 3 – paragraph 6 b (new)
6b. Following the notification by the Member State concerned in accordance with paragraphs 4 and 5, the Commission may issue an opinion.
Amendment 164 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. By way of derogation from paragraph 1, applications may be examined and decided on at the external borders of the Member States by the authorities responsible for checks on persons, in accordance with Articles 32 , 33 and 34.
Amendment 171 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Third-country nationals who have lost their travel document, or from whom this document has been stolen, while staying in the territory of a Member State, may, on the strength of a declaration of theft or loss issued by the competent authority of that Member State, leave that territory on the basis of a valid travel document entitling them to cross the border issued by a consulate of their country of nationality without any visa or other authorisation.
Amendment 177 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 183 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The consulate shall, in so far as possible, allow to lodge the application either without prior appointment or with an immediate appointment at short notice to family members of Union citizens as referred to in Article 3 of Directive 2004/38/EC.
Amendment 184 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. In justified cases of urgency which the consulate considers to be justified, the consulate shall allow applicants to lodge their applications either without appointment, or an immediate appointment shall be given at short notice.
Amendment 186 #
Proposal for a regulation
Article 8 – paragraph 6 – point c
Article 8 – paragraph 6 – point c
(c) a professional, cultural, sports or educational association or institution known to the consulate for its reliability and integrity.
Amendment 188 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. An applicant shall not be required to appear in person at more than one location in order to lodge an visa application.
Amendment 198 #
Proposal for a regulation
Article 9 – paragraph 3 – point f a (new)
Article 9 – paragraph 3 – point f a (new)
(fa) where appropriate, evidence that the applicant has valid travel medical insurance as referred to in Article 15.
Amendment 200 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each applicant shall submit an application form, as set out in Annex I, completed manually or electronically completed and signed application fmanually orm, as set out in Annex Iwhere possible, electronically. Persons included in the applicant’s travel document shall submit a separate application form. Minors shall submit an application form signed manually, or where possible electronically, by a person exercising permanent or temporary parental authority or legal guardianship.
Amendment 202 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 210 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) information enabling an assessment of the applicant’s intention toproving that he will leave the territory of the Member States before the expiry of the visa applied for.
Amendment 212 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Points (b), (c) and (d) of paragraph 1 do not, in principle, apply to applicants who are VIS registered regular travellers and who have lawfully used the two previously obtained visas.
Amendment 216 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Amendment 219 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
Family members of Union citizens as referred to in Article 3 of Directive 2004/38/EC shall provide only documentary evidence proving that they travel to accompany or join the Union citizen and, the family relationship with the Union citizen as referred to in Article 2(2) or the other circumstances referred to in Article 3(2) of that Directive, and information proving that they will leave the territory of the Member States before the expiry of the visa applied for.
Amendment 221 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The list of supporting documents which may be requested from the applicant in order to verify the fulfilment of the conditions listed in paragraph 1 is set out in Annex II. In accordance with Article 18(10), that list does not preclude the possibility of requiring further documents to be supplied in order to check that the entry conditions laid down in Article 5(1)(a), (c), (d) and (e) of Regulation (EC) No 562/2006 are fulfilled and that the risk assessment referred to in Article 18(1) is satisfactory.
Amendment 225 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The consulate shall start processing the visa application on the basis of facsimile or copies of the supporting documents. Applicants who are not yet registered in the VIS shall provide the original. The consulate may ask for original documents from applicants who are VIS registered applicants orand from VIS registered regular travellers, only where there is doubt about the authenticity of a specific document.
Amendment 231 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Travel medical insurance 1. Applicants for a uniform visa for one or more entries shall prove that they are in possession of adequate and valid travel medical insurance to cover any expenses which might arise in connection with repatriation for medical reasons or in the event of death, urgent medical attention and/or emergency hospital treatment, during their stay(s) on the territory of the Member States. 2. Applicants for a uniform visa for more than two entries (‘multiple entries’) shall prove that they are in possession of adequate and valid travel medical insurance covering the period of their first intended visit. In addition, such applicants shall sign the statement, set out in the application form, declaring that they are aware of the need to be in possession of travel medical insurance for subsequent stays. 3. The insurance shall be valid throughout the territory of the Member States and cover the entire period of the person’s intended stay or transit. The minimum coverage shall be EUR 30 000. When a visa with limited territorial validity covering the territory of more than one Member State is issued, the insurance cover shall be valid at least in the Member States concerned. 4. Applicants shall, in principle, take out the insurance in their country of residence. Where this is not possible, they shall seek to obtain insurance in any other country. When another person takes out insurance in the name of the applicant, the conditions set out in paragraph 3 shall apply. 5. When assessing whether the insurance cover is adequate, consulates shall ascertain whether claims against the insurance company would be recoverable in a Member State. 6. The insurance requirement may be considered to have been met where it is established that an adequate level of insurance may be presumed in the light of the applicant’s professional situation. The exemption from presenting proof of travel medical insurance may concern particular professional groups, such as seafarers, who are already covered by travel medical insurance as a result of their professional activities. 7. Holders of diplomatic passports shall be exempt from the requirement to hold travel medical insurance.
Amendment 233 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. AEach applicants shall pay a visa fee of EUR 60 for a single-entry visa, EUR 80 for a multiple-entry visa valid for one year, and EUR 100 for a multiple-entry visa valid for more than one year.
Amendment 238 #
Proposal for a regulation
Article 14 – paragraph 3 – point d
Article 14 – paragraph 3 – point d
(d) where appropriate, holders of diplomatic and service passports;
Amendment 239 #
Proposal for a regulation
Article 14 – paragraph 3 – point e
Article 14 – paragraph 3 – point e
(e) participantrepresentatives of non-profit organisations aged 25 years or less participating in seminars, conferences, sports, cultural or educational events organised by non-profit organisations;
Amendment 242 #
Proposal for a regulation
Article 14 – paragraph 3 – point f
Article 14 – paragraph 3 – point f
Amendment 252 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) the application contains the items referred to in Article 9(3)(a) to (c) and (fa),
Amendment 263 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In the examination of an application for a uniform visa lodged by a VIS registered regular traveller who has lawfully used the two previously obtained visas, it shall be presumed that, the applicant must fulfils the entry conditions regarding the risk of irregular immigration, a risk to the security of the Member States, and the possession of sufficient means of subsistence.
Amendment 265 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The presumption referred to in paragraph 2 shall not apply where the consulate has reasonable doubts about the fulfilment of these entry conditions based on information stored in the VIS, such as decisions annulling a previous visa, or in the passport, such as entry and exit stamps, in the SIS or in any other relevant item of information. In such cases, the consulates may carry out an interview and request additional documents, in accordance with paragraph 10 of this Article.
Amendment 267 #
Proposal for a regulation
Article 18 – paragraph 5 – point a
Article 18 – paragraph 5 – point a
(a) that the travel document presented is not false, counterfeit or forged and that it is valid;
Amendment 268 #
Proposal for a regulation
Article 18 – paragraph 8 – point a
Article 18 – paragraph 8 – point a
(a) that the travel document presented is not false, counterfeit or forged and that it is valid;
Amendment 269 #
Proposal for a regulation
Article 18 – paragraph 10
Article 18 – paragraph 10
10. During the examination of an application, consulates may in justified cases carry out an interview and request additional documents in accordance with Article 13(4).
Amendment 273 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The central authorities consulted shall reply definitively within five calendarworking days after being consulted. The absence of a reply within this deadline shall mean that they have no grounds for objecting to the issuing of the visa.
Amendment 274 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Applications shall be decided on within 105 calendar days of the date of the lodging of an application which is admissible in accordance with Article 17.
Amendment 282 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. That period may be extended up to a maximum of 205 calendar days in individual cases, notably when further scrutiny of the application is needed.
Amendment 286 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Applications of close relatives of the Union citizens referred to in Article 8(3) and of family members of Union citizens as referred to in Article 3(1) of Directive 2004/38/EC shall be decided on within 5 calendarworking days of the date of the lodging of an application. That period may be extended up to a maximum of 10 calendarworking days in individual cases, notably when further scrutiny of the application is needed.
Amendment 288 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 290 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
A visa may be issued for one or multiple entries. The period of validity of a multiple entry visa shall not exceed five years. The period of validity of a multiple entry visa mayshall not, in principle, extend beyond the period of validity of the passport to which the visa is affixed.
Amendment 295 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. VIS registered regular travellers who have lawfully used the two previously obtained visas shallmay be issued a multiple entry visa valid for at least three years.
Amendment 299 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Applicants referred to in paragraph 3 who have lawfully used the multiple entry visa valid for three years shallmay be issued a multiple entry visa valid for five years provided that the application is lodged no later than one year from the expiry date of the multiple entry visa valid for three years.
Amendment 300 #
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. A multiple-entry visa valid for up to 5 years may be issued to an applicant who proves the need or justifies the intention to travel frequently and/or regularly provided that the applicant proves his integrity and reliability, in particular the lawful use of previous uniform visas or visas with limited territorial validity, his economic situation in the country of origin and his genuine intention to leave the territory of the Member States before the expiry of the visa for which he has applied and the applicant shows that he is compelled, particularly for professional reasons, to travel frequently and/or regularly or shows that he has such an intention, which is the case, for example, for businesspeople or state officials who regularly travel on official business in the European Union Member States or to the European Union Institutions.
Amendment 314 #
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Member States may add national entries in the ‘comments’ section of the visa sticker, which shall neither duplicate the entries established in accordance with the procedure referred to in paragraph 2 nor indicate a specific travel purpose.
Amendment 317 #
Proposal for a regulation
Article 29 – paragraph 1 – point a – point i
Article 29 – paragraph 1 – point a – point i
(i) presents a travel document which is false, counterfeit or forged and/or invalid;
Amendment 318 #
Proposal for a regulation
Article 29 – paragraph 1 – point a – point vi
Article 29 – paragraph 1 – point a – point vi
(vi) is considered to be a threat to public policy, internal security or public health as defined in Article 2(19) of Regulation (EC) No 562/2006 or to the international relations of any of the Member States, in particular where an alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds; or
Amendment 319 #
Proposal for a regulation
Article 29 – paragraph 1 – point a – point vi a (new)
Article 29 – paragraph 1 – point a – point vi a (new)
(vi a) does not provide proof of holding valid travel medical insurance;
Amendment 335 #
Proposal for a regulation
Article 33
Article 33
Amendment 354 #
Proposal for a regulation
Article 46 – paragraph 3 – point c a (new)
Article 46 – paragraph 3 – point c a (new)
(ca) information on insurance companies providing adequate travel medical insurance, including verification of the type of coverage and the possible excess amount.