19 Amendments of Laura FERRARA 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 97 #
Proposal for a regulation
Recital 9
Recital 9
(9) A distinction should be made between new first time applicants and persons who have been previously granted visas and who are registered in the Visa Information System (VIS), in order to simplify the 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 procedure.
Amendment 100 #
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 12 months prior to the application fulfil the entry conditions regarding the risk of irregular immigration and the need to possess sufficient, including the necessary 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 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 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 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 208 #
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 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 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 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 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 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 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 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 357 #
Proposal for a regulation
Annex II – part B
Annex II – part B