52 Amendments of Barbara SPINELLI related to 2014/0094(COD)
Amendment 86 #
Proposal for a regulation
Recital 3
Recital 3
(3) Regulation (EC) No 810/2009 aims, inter alia, to further develop the common visa policy as part of a multi-layer system in order to facilitate legitimate travel and tackle irregular immigration through further harmonisation of legislation and practices .
Amendment 92 #
Proposal for a regulation
Recital 6
Recital 6
(6) A smart visa policy should entail continued securitin keeping with human rights and fundamental freedoms should facilitate travel to the Union by third- country nat the external borders whilst ensuring the effective functioning of the Schengen area and facilitating travel opportunities for legitimate travel. The common visa policy should contribute to generating growth and be coherent with other Union policies, such asionals who meet EU entry requirements whilst guaranteeing the free movement of persons and ensuring the effective functioning of the Schengen area and personal safety within the EU. The common visa policy should be coherent with other Union policies, such as freedom of movement and residence in the Member State of choice, external relations, trade, education, culture and tourism.
Amendment 94 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The issuing of a visa to a person seeking international protection constitutes a means of allowing such a person to access the territory of the EU and the Member States in a safe manner. When considering consular territorial competence, the admissibility of a visa application or the possibility of issuing a visa with limited territorial validity, consulates should, therefore, pay particular attention to persons seeking international protection. In respect of such persons, Member States should make use of the exceptions provided for in this Regulation on humanitarian grounds or in order to meet their international obligations, in particular the 1951 Convention relating to the Status of Refugees (1951 Geneva Convention) and other relevant European or international instruments.
Amendment 95 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) When applying this Regulation, Member States should comply with their respective obligations under international law, in particular the United Nations Convention relating to the Status of Refugees (1951 Geneva Convention), as well as the 1967 New York Protocol, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Convention on the Rights of the Child and other relevant international instruments.
Amendment 98 #
Proposal for a regulation
Recital 9
Recital 9
(9) A distinction should be made between new first timeFirst time applicants should lodge an applicantstion and persons who have been previously granted visas and who are registered in the Visa Information System (VIS), in order to simplifysupply the documents required in order to obtain a visa on the basis that theis procedure for registered travellers while addressing the risk of irregular immigration and the security concern posed by some travellers. This distinction should be reflected in all steps of the proceduredoes not restrict their right to freedom of movement and to leave their State of origin or the State in which they reside and does not give rise to any form of discrimination.
Amendment 102 #
Proposal for a regulation
Recital 10
Recital 10
(10) It should be presumed that applicants who are registered in VIS and have obtained and lawfully used two visas within the 128 months prior to the application fulfil the entry conditions regarding the risk of irregular immigration and the need to possess sufficient means of subsistence. However, this presumption should be rebuttable where the competent authorities establish that one or more of these conditions are not fulfilled in individual cases.
Amendment 103 #
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. 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, it should 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 123 #
Proposal for a regulation
Recital 30
Recital 30
(30) The issuing of visas at the external border should, in principle, remain exceptional. However, to allow Member States inter alia to promote short term tourism, they should be authorise and to issue visas at the external border based on a temporary scheme and upon notification and publication of the organisational modalities of the scheme. Such schemes should be temporary in nature and the validity of the visa issued should be limited to the territory of the issuing Member State.
Amendment 126 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) Should a visa be refused, Member States should ensure that applicants receive a full and analytical explanation of the reasons why the consulate rejected the application.
Amendment 127 #
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32b) Should a visa be refused, Member States should ensure that applicants have the option of appealing against that decision. Appeal procedures should be effective, easily accessible, economical and, where the appeal is well-founded, liable to lead to the immediate issuing of the visa and compensation for any damages the applicant might have suffered.
Amendment 133 #
Proposal for a regulation
Recital 48
Recital 48
(48) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Regulation seeks to ensure full respect for private and family life referred to in Article 7, compliance with the principle of non-discrimination referred to in Article 21, the protection of personal data referred to in Article 8 and the rights of the child referred to in Article 24 of the Charter of Fundamental Rights of the European Union .
Amendment 134 #
Proposal for a regulation
Recital 48
Recital 48
(48) This Regulation respects fundamental rights and observes the rights and principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Regulation seeks to ensure full respect for the right to protection of personal data referred to in Article 16 TFEU, as well as the right to private and family life referred to in Article 7, the right to protection of personal data referred to in Article 8, the right of asylum referred to in Article 18 and the rights of the child referred to in Article 24 of the Charter of Fundamental Rights of the European Union.
Amendment 137 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
4a. ‘humanitarian grounds’ means all the conditions which give rise to international protection within the meaning of Directive 2011/95/EU.
Amendment 146 #
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 two visas within the 12 months prior tohas obtained a visa within the 18 months prior to the application; - has already obtained a multiple-entry visa, a national visa (type ‘D’) or a residence permit from a Member State in the Schengen area valid for 6 months, on condition that the application is submitted at the latest 18 months after the expiry of the uniform visa, the national visa or the residence permit in question issued by a Member State in the Schengen area; or - has undertaken two regular journeys to Member States of the Schengen area in the 18 months before the application;
Amendment 149 #
Proposal for a regulation
Title 2
Title 2
Amendment 151 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where there is a sudden and substantial influx of irregular immigrantsmigrants and without prejudice to international protection obligations and to the principle of non-refoulement, 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.
Amendment 170 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. When the conditions referred to in paragraphs 1 and 2 are not fulfilled, a consulate shall decide to consider an application or to take a decision on it where it considers it necessary to do so for humanitarian reasons or on grounds of the national interest; the consulate shall consider an application or decide on it in order to comply with the international obligations incumbent on it, particularly under the 1951 Convention relating to the Status of Refugees (1951 Geneva Convention) or other relevant European or international instruments;
Amendment 175 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Applications may be lodged sixtwelve months before and no later than 15 calendar days before the start of the intended visit.
Amendment 197 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Consulates may waive the requirement referred to in paragraph 1 when the applicant is known to their visa service.
Amendment 203 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall collect biometric identifiers of the applicant comprising a photograph of him and his 10 fingerprints in accordance with the safeguards laid down in the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms, in the Charter of Fundamental Rights of the European Unionouncil of Europe’s Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, in the Charter of Fundamental Rights of the European Union, in Article 16 TFEU and the relevant Community legislation on protection of personal data and in the United Nations Convention on the Rights of the Child.
Amendment 204 #
Proposal for a regulation
Article 12 – paragraph 2 – indent 2
Article 12 – paragraph 2 – indent 2
Amendment 208 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 209 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 229 #
Proposal for a regulation
Article 13 – paragraph 8 – point b
Article 13 – paragraph 8 – point b
Amendment 247 #
Proposal for a regulation
Article 14 – paragraph 3 – point g a (new)
Article 14 – paragraph 3 – point g a (new)
(ga) persons seeking international protection.
Amendment 258 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. By way of derogation, an application that does not meet the requirements set out in paragraph 1 mayshall be considered admissible on humanitarian grounds or for reasons of national interestwhere the Member State concerned judges this to be necessary on humanitarian grounds, for reasons of national interest or in order to meet its international obligations, and in particular the 1951 Convention on the Status of Refugees (1951 Geneva Convention) and other relevant European or international instruments.
Amendment 259 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In the examination of an application for a uniform visa, it shall be ascertained whether the applicant fulfils the entry conditions set out in Article 5(1)(a), (c), (d) and (e) of Regulation (EC) No 562/2006 , and particular consideration shall be given to assessing whether the applicant presents a risk of irregular immigration or a risk to the security of the Member States and whether the applicant intends to leave the territory of the Member States before the expiry of the visa applied for.
Amendment 260 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. In the examination of an application for a uniform visa, it shall be ascertained whether the applicant fulfils the entry conditions set out in Article 5(1)(a), (c), (d) and (e) of Regulation (EC) No 562/2006 , and particular consideration shall be given to assessing whether the applicant presents a risk of irregular immigration or a risk to the security of the Member States and whether the applicant intends to leave the territory of the Member States before the expiry of the visa applied for.
Amendment 261 #
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 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 270 #
Proposal for a regulation
Article 18 – paragraph 11 a (new)
Article 18 – paragraph 11 a (new)
11a. Where a Member States issues a uniform visa on humanitarian grounds, for reasons of national interest or because of international obligations, the criterion of whether the applicant has sufficient means of subsistence, both for the duration of the intended stay and for the return to his country of origin or residence, shall not be taken into account.
Amendment 297 #
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 shall be issued a multiple entry visa valid for five years provided that the application is lodged no later than one yearsix months from the expiry date of the multiple entry visa valid for three years.
Amendment 301 #
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.
Amendment 302 #
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.
Amendment 303 #
Proposal for a regulation
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
6a. A uniform visa shall be issued where a Member State considers it necessary, on humanitarian grounds, for reasons of national interest or because of international obligations: (a) to derogate from the principle that the entry conditions laid down in Article 5(1)(a), (c), (d) and (e) of Regulation (EC) No 562/2006 must be fulfilled; (b) to issue a visa despite an objection by the Member State consulted in accordance with Article 19 to the issuing of a uniform visa; or (c) to issue a visa for reasons of urgency, although the prior consultation in accordance with Article 19 has not been carried out.
Amendment 306 #
Proposal for a regulation
Article 22 – paragraph 1 – point a – introductory part
Article 22 – paragraph 1 – point a – introductory part
(a) when the Member State concerned considers it necessary on humanitarian grounds, for reasons of national interest or because of international obligations,to fulfil international obligations, in particular when it is necessary in order to ensure the international protection of the person concerned in accordance with the United Nations Convention relating to the Status of Refugees of 1951 or other relevant Union and international instruments:
Amendment 308 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. A visa with limited territorial validity shall be valid for the territory of the issuing Member State. IAt may exceptionally be valid for the territory of more than one Member State, subject to the consent of each such Member State. times of international crisis, and particularly of influxes of applications for international protection from the regions involved, any visa issued by a Member State on humanitarian grounds must be recognised by all the other Member States in order to ensure the safe entry of applicants onto European territory. Member States must, as a matter of course, accord special attention to the circumstances of persons requesting international protection, not least as regards factors such as the presence of family members, social links and cultural links such as language skills, previous stays and previous studies and work experience in a Member State, and should make efforts to enable the free movement of applicants within the Schengen area.
Amendment 310 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 311 #
Proposal for a regulation
Article 23 – paragraph 4 – point b
Article 23 – paragraph 4 – point b
(b) the integrity and reliability of the applicant, in particular the lawful use of previous uniform visas, visas with limited territorial validity or airport transit visas, his economic situation in his country of origin and his genuine intention to pursue his onward journey.
Amendment 316 #
Proposal for a regulation
Article 27
Article 27
Amendment 320 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
Amendment 323 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. A decision on refusal and the reasons on which it is based shall be notified to the applicant by means of the standard form set out in Annex V, within three days at the latest of the decision being adopted.
Amendment 325 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Applicants who have been refused a visa shall have the right to appeal. Appeals shall be instituted against the Member State that has taken the final decision on the application and in accordance with the national law of that Member State. National appeal procedures shall be effective, easily accessible, shall not have a disproportionate cost for the applicant and, where the appeal is well-founded, shall be liable to lead to the immediate issuing of the visa and compensation for any damages suffered by the applicant as a result of the refusal to grant a visa. Member States shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal, as specified in Annex V.
Amendment 327 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Applicants who have been refused a visa shall have the right to appeal. Appeals shall be instituted against the Member State that has taken the final decision on the application and in accordance with the national law of that Member State, including a visa on humanitarian grounds, shall have the right to appeal, including before the courts. Member States shall ensure that their national appeal procedures in visa cases are swift and easily accessible. Appeals shall be instituted against the Member State that has taken the final decision on the application and in accordance with the national law of that Member State. Where a Member State is represented by another Member State in accordance with Article 5 or 39, the represented state is considered as the Member State taking the final decision. In case of a decision overturned after the appeal, the applicant shall be reimbursed any costs incurred as a result of the wrongful decision. Member States shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal, as specified in Annex V.
Amendment 329 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The period of validity and/or the duration of stay of an issued visa shall be extended where the competent authority of a Member State considers that a visa holder has provided proof of force majeure or humanitarian or international protection reasons preventing him from leaving the territory of the Member States before the expiry of the period of validity of or the duration of stay authorised by the visa. Such an extension shall be granted free of charge.
Amendment 331 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The period of validity and/or the duration of stay of an issued visa may be extended if the visa holder provides proof of serious personal reasons justifying the extension of the period of validity or the duration of stay. A fee of EUR 30 shall be charged for such an extension. Recipients of visas issued on humanitarian or international protection grounds shall be exempt from payment of this fee.
Amendment 334 #
Proposal for a regulation
Article 32 – paragraph 1 – point a a (new)
Article 32 – paragraph 1 – point a a (new)
(aa) on humanitarian grounds;
Amendment 338 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The duration of such a scheme shall be limited to 5 months in any calendar year and the categories of beneficiaries shall be clearly definedshall be open to any third-country national meeting the conditions set out in Articles 11 to 13 of this Regulation.
Amendment 342 #
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
6. Three months after the end of the scheme, theeach Member State concerned shall submit a detailed implementation report to the Commission. The report shall contain information on the number of visas issued and refused (including citizenship of the persons concerned); duration of stay, return rate (including citizenship of persons not returning). The Commission shall draw up an annual report which it shall forward to the European Parliament, the Council and the Agency for Fundamental Rights.
Amendment 343 #
Proposal for a regulation
Article 34 – paragraph 1 – point a
Article 34 – paragraph 1 – point a
Amendment 345 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Consular staff shall, in the performance of their duties, fully respect human dignitythe rights enshrined in the Charter of Fundamental Rights. Any measures taken shall be proportionate to the objectives pursued by such measures.
Amendment 355 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall statebe forwarded without delay and shall state precisely the reasons for the use of the uemergency procedure.
Amendment 357 #
Proposal for a regulation
Annex II – part B
Annex II – part B