20 Amendments of Marie-Christine ARNAUTU related to 2018/0061(COD)
Amendment 10 #
Proposal for a regulation
Recital 1
Recital 1
(1) The European Union’s common short-stay visa policy has been an integral part to the establishment of an area without internal borders. Visa policy should remain an essential tool for facilitating tourism and business, while helping of the Member States of the European Union should take into accounter security risks and the risk of irregular migration to the Unionllegal immigration, which is a necessary precondition for preserving a climate favourable to tourism and business.
Amendment 12 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Union should use itsMember States should use their common visa policy in itstheir cooperation with third countries, and to ensure a better bain order to plance between the emphasis on immigration and security concerns, particularly attaching greater importance to these than to economic considerations and general external relations.
Amendment 15 #
Proposal for a regulation
Recital 4
Recital 4
(4) The visa application procedure should be eas easy as possible fory for applicants who are in good standing, while facilitating the checks that should be carried out by the competent authorities responsible for considering applicantions. It should be clear which Member State is competent for examining an application for a visa in particular where the intended visit covers several Member States. Where possible, Member States should allow for application forms to be completed and submitted electronically. Deadlines should be established for the various steps of the procedure in particular to allow travellers to plan ahead and avoid peak seasons in consulates.
Amendment 19 #
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure that nationals of third countries subject to the visa requirement can lodge their visa application in their place of residence even if no Member State is present for the purpose of collecting applications, external service providers, duly certified and regularly monitored, should be enabled to provide the necessary service for a fee exceeding the general maximum level.
Amendment 22 #
Proposal for a regulation
Recital 10
Recital 10
(10) Given the differences in local circumstances notably with regard to migratory and security risks, as well as the relationships that the Member States of the Union maintains with specific countries, Member States'their diplomatic missions and consular posts in individual locations should assess the need to adapt the general provisions to allow for a more favourable or more restrictive application. More favourable aApproaches in issuing multiple-entry visas with a long period of validity should take into account, in particular, the existence of trade agreements covering the mobility of business persons, and the third country's cooperationdegree of cooperation by the third country on the readmission of irregular migrants.
Amendment 24 #
Proposal for a regulation
Recital 11
Recital 11
(11) In case of lack of cooperation of certain third countries to readmit their nationals apprehended in an irregular situation and failure of those third countries to cooperate effectively in the return process, a restrictive and temporary application of certain provisions of Regulation (EC) No 810/2009 should, on the basis of a transparent mechanism based on objective criteria, be applied to enhance a given third country's cooperation on readmission of irregular migrantmechanism adopted by the Council, be applied restrictively until such time as the authorities of the countries concerned have taken the necessary corrective measures. If the cooperation does not improve, Member States should be permitted to suspend the issuing of visas.
Amendment 25 #
Proposal for a regulation
Recital 12
Recital 12
(12) Applicants who have been refused a visa should have the right to appeal which should, at a certain stage of the proceedings, guarantee an effective judicial appeal. More detailed information on the refusal grounds and procedures for appeal of negative decisions should be provided in the notification of the refusalof administrative appeal to the consular authority.
Amendment 28 #
Proposal for a regulation
Recital 13
Recital 13
(13) The issuing of visas at the external border should remain exceptional. However, to promote short term tourism, Member States should be authorised to issue visas at the external border on the basis of temporary schemes, for which the organisational arrangements should be notified and published. Such schemes should be limited in scope and comply with the general rules for processing visa applications. The validity of the visa issued should be limited to the territory of the issuing Member State.
Amendment 31 #
Proposal for a regulation
Recital 14
Recital 14
(14) Local Schengen cooperation between the diplomatic and consular representations of Member States in each territorial area is crucial for the harmonised application of the common visa policy and for proper assessment of migratory and security risks. Cooperation and exchanges among Member States’ diplomatic missions and consular posts in individual locations should be coordinated by Union Delegations. They shoulThey should communicate with one another and assess the operational application of specific provisions in the light of local circumstances and migratory risk.
Amendment 32 #
Proposal for a regulation
Recital 15
Recital 15
(15) Member States should closely and regularly monitor the operations of external service providers to ensure compliance with the legal instrument governing the responsibilities entrusted with the external service provider. Member States should report to the Commission and their national representation annually on the cooperation with and monitoring of external service providers. Member States should ensure that the entire procedure for the processing of visa applications and the cooperation with external service providers is monitored by expatriate staff.
Amendment 34 #
Proposal for a regulation
Recital 16
Recital 16
(16) Flexible rules should be established to allow Member States to optimise the sharing of resources and to increase consular coverage. Cooperation among Member States (Schengen Visa Centres) could take any form suited to local circumstances in order to increase geographical consular coverage, reduce Member States' costs, increase the visibility of the Union and improve the service offered to visa applicants.
Amendment 43 #
Proposal for a regulation
Article premier – paragraph 1 – point 10 – point a
Article premier – paragraph 1 – point 10 – point a
Regulation (EC) No 810/2009
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States mayshall require applicants to present a proof of sponsorship and private accommodation or both by completing a form drawn up by each Member State. That form shall indicate in particular:
Amendment 63 #
Proposal for a regulation
Article premier – paragraph 1 – point 16 – point a
Article premier – paragraph 1 – point 16 – point a
Regulation (EC) No 810/2009
Article 23 – paragraphs 1 and 2
Article 23 – paragraphs 1 and 2
Amendment 69 #
Proposal for a regulation
Article premier – paragraph 1 – point 18 Regulation (EC) No 810/2009
Article premier – paragraph 1 – point 18 Regulation (EC) No 810/2009
2. The Commission and Member States shall regularly assess third countries' cooperation with regard to readmission, taking account, in particular, of the following indicators:
Amendment 71 #
Proposal for a regulation
Article premier – paragraph 1 – point 18
Article premier – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 5 a
Article 25 a – paragraph 5 a
5a. If one or more Member States consider that the Commission is late in taking the appropriate measures described in this Article, or that the third country concerned is continuing to cooperate insufficiently with regard to readmission, they may restrict or even suspend the issuing of visas.
Amendment 72 #
Proposal for a regulation
Article premier – paragraph 1 – point 22 – point b
Article premier – paragraph 1 – point 22 – point b
Regulation (EC) No 810/2009
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Applicants who have been refused a visa shall have the right to appeal which shall, at a certain stage of the proceedings, guarantee an effective judicial appeal. Appeals shall be instituted againstof administrative appeal to the consular authority of the Member State that has taken the final decision on the application and in accordance with the national law of that Member State. Member States shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal, as specified in Annex VI.”;
Amendment 73 #
Proposal for a regulation
Article premier – paragraph 1 – point 24
Article premier – paragraph 1 – point 24
Regulation (EC) No 810/2009
Article 36 a
Article 36 a
Amendment 77 #
Proposal for a regulation
Article premier – paragraph 1 – point 27
Article premier – paragraph 1 – point 27
Regulation (EC) No 810/2009
Article 40 – paragraph 3
Article 40 – paragraph 3
3. A Member State may also cooperate with an external service provider that is duly certified and regularly monitored in accordance with Article 43.
Amendment 78 #
Proposal for a regulation
Article premier – paragraph 1 – point 29 – point c
Article premier – paragraph 1 – point 29 – point c
Regulation (EC) No 810/2009
Article 43 – paragraph 7
Article 43 – paragraph 7
7. When selecting an external service provider, the Member State concerned shall assess the reliability and solvency of the organisation or company and ensure that there is no conflict of interests. The scrutiny shall include, as appropriate, the necessary licences, commercial registration, statutes, the criminal records of the managers and bank contracts.;
Amendment 79 #
Proposal for a regulation
Article premier – paragraph 1 – point 29 – point f
Article premier – paragraph 1 – point 29 – point f
Regulation (EC) No 810/2009
Article 43 – paragraph 11 a
Article 43 – paragraph 11 a
11a. By 1st January each year, Member States shall report to the Commission and to their national representation on their cooperation with and monitoring (as referred to in Annex X, point C) of external service providers worldwide.;