49 Amendments of Emil RADEV related to 2022/0132(COD)
Amendment 52 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union's common visa policy has been an integral part of the establishment of an area without internal borders. Visa policy should remain an essential element in helping counter security risks and the risk of irregular migration to the Union, while facilitating tourism and business. The common visa policy should contribute to generating growth and be consistent with other Union policies, such as those concerning external relations, trade, education, culture and tourism. In March 2018, the Commission communication on visa policy addressed the concept of “e-visas” and announced a feasibility study on digital visa procedures and the intention to assess options and promote pilot projects to prepare the ground for future proposals. When revising the EU Visa Code in 2019, the European Parliament and the Council explicitly stated the aim of developing a common solution in the future to allow Schengen visa applications to be lodged online, thereby making full use of recent legal and technological developments43 and at the same time guaranteeing a higher level of security. _________________ 43 Recital 20 in Regulation (EU) 2019/1155 .
Amendment 55 #
Proposal for a regulation
Recital 3
Recital 3
(3) The COVID-19 pandemic, which led to the slowing down of Schengen visa operations worldwide partly due to the difficulty of receiving visa applicants in consulates and Visa Application Centres, prompted Member States to call upon the Commission to speed up work on the digitalisation of a range of administrative services, including visa procedures.
Amendment 61 #
Proposal for a regulation
Recital 7
Recital 7
(7) The EU online application platform should provide the applicant with up-to- date and easily accessible information on Schengen short-stay visas and a guidance tool with which the applicant can find all the necessary information, in all the official EU languages, regarding the requirements and procedures, such as, but not limited to, whether a visa is required and what type of visa; the amount of the visa fee; the Member State competent for handling the application; the supporting documents required; the need for an appointment to collect biometrics or the possibility to apply online without an appointment. The EU application platform should also allow to establish a secure electronic communication between the applicant and the competent consulate or the central authorities of the competent Member State by electronic means, should additional documents or an interview be required.
Amendment 63 #
Proposal for a regulation
Recital 8
Recital 8
(8) Visa applicants should be able to submit their application, provide data required in the application form, provide a scannedn electronic copy of the travel document, and provide supporting documents and travel medical insurance in digital format through the EU application platform. In order to enable applicants to save information relating to their application, the online application platform should be able to store data temporarily. Once the applicant has submitted the online application and the Member States perform the appropriate checks, the application file will be transferred to the national system of the competent Member State and stored there. Consulates would consult the information stored at a national level and push only the required data to the central VIS.
Amendment 64 #
Proposal for a regulation
Recital 9
Recital 9
(9) Appearing in person at the consulate or external service provider should, in principle, be mandatory only for first time applicants and applicants who have acquired a new travel document, which needs to be verified, and for the collection of biometric identifiersdata.
Amendment 67 #
Proposal for a regulation
Recital 14
Recital 14
(14) Special provisions which should apply in individual cases because of humanitarian reasons could also cover digital accessibility issues issues relating to persons facing digital accessibility difficulties, including persons with limited digital literacy, the elderly and persons with disabilities.
Amendment 69 #
Proposal for a regulation
Recital 15
Recital 15
(15) A third party authorised by the visa applicant or empowered by law to represent them should be able to lodge an application on their behalf, provided that the necessary data in relation to this person’s identity isare included in the application form. It should be possible for travellers to authorise commercial intermediaries to create and submit an application on their behalf.
Amendment 72 #
Proposal for a regulation
Recital 16
Recital 16
(16) Each applicant should submit a completed application form using the EU application platform, including a declaration of the authenticity, completeness, correctness and reliability of the data submitted and a declaration of the veracity and reliability of the statements made. Each applicant should also state that they have understood the conditions for entry referred to in Regulation (EU) 2016/399 of the European Parliament and of the Council49, and that they could be requested to provide the relevant supporting documents at each entry. Application forms for minors should be submitted and electronically signedby their legal guardian or by a person exercising permanent or temporary parental authority or legal guardianship. _________________ 49 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code).
Amendment 74 #
Proposal for a regulation
Recital 17
Recital 17
(17) ]The payment of the visa fee should be made by using a third-party gateway linked to the EU online application platform and the payments would be directly transferred to an approved official account in the appropriate Member State. The data required for securing the electronic payment should not form part of data stored in VIS.
Amendment 77 #
Proposal for a regulation
Recital 19
Recital 19
(19) The system should notify the applicant if information is missing and the system should provide the applicant with the possibility of correcting the application within a specified time limit. The EU application platform should indicate to the applicant of the admissibility of his/her application via an automated admissibility pre-check. The pre-check should ensure that the information provided fulfils the admissibility requirements for the requested visa.
Amendment 80 #
Proposal for a regulation
Recital 20
Recital 20
(20) Where the competent consulate or the central authorities of the competent Member State finds that it is responsible to examine the application, it should accept it and the data should be automatically imported into the national system from the temporary storage as established by the VIS Regulation and simultaneously deleted from the temporary storage, with the exception of contact data.
Amendment 82 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) It is up to each Member State to designate the competent body that will be responsible for processing data imported into its national system within the meaning of the preceding recital.
Amendment 87 #
Proposal for a regulation
Recital 26
Recital 26
(26) External service providers should have access to the EU application platform only to retrieve and review submitted applications submitted by them; verify the data temporarily stored (for example, scan of travel document); collect and upload biometric identifiersdata; perform quality checks of the uploaded supporting documents; confirm that an application has been reviewed and thus making it available to the consulate for further processing; external service providers should not have access to data stored in VIS.
Amendment 88 #
Proposal for a regulation
Recital 27
Recital 27
(27) It is necessary to determine the date from which operations start, including of the digital visa and the EU application platform. A Member State may, for a period of 5 years from the date of start of operations, decide not to avail itself of the online EU application platform. Nevertheless, a Member State may notify that it wishes to join the online EU application platform before the end of the transition period. During the transitional period, if the Member State processing its visa applications decided not to avail itself of the online EU application platform, visa holders will still be able to verify the digital visas using the web-service of the EU application platform.
Amendment 89 #
Proposal for a regulation
Recital 28
Recital 28
(28) EU application platform should contain a functionality for applicants to verify quickly and easily the validity and authenticity of their digital visas.
Amendment 90 #
Proposal for a regulation
Recital 40
Recital 40
(40) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. The introduction of an EU application platform and of a digital visa will fully respect the right to protection of personal data, the respect for private and family life, the rights of the child, and the protection of vulnerable persons. All safeguards on fundamental rights included in the Visa Information System Regulation will remain fully applicable in the context of the future EU Visa application platform and of the digital visa, in particular regarding to the rights of child. The platform will have to take into account requirements laid down in the Accessibility Directive56 to ensure an easy access for people with disabilities, including persons with limited digital literacy and the elderly. _________________ 56 Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies, (OJ L 327, 2.12.2016, p. 1– 15).
Amendment 91 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
10a. ‘application form’ means the uniform form set out in Annex I, either available online via the EU application platform or on paper, in all the official EU languages;
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point а
Article 1 – paragraph 1 – point 6 – point а
Regulation (EC) No 810/2009
Article 9 – paragraph 1b – point а а (new)
Article 9 – paragraph 1b – point а а (new)
(aa) elderly people, persons with disabilities and persons with limited digital literacy;
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point а
Article 1 – paragraph 1 – point 7 – point а
Regulation (EC) No 810/2009
Article 10 – paragraph 1
Article 10 – paragraph 1
1. When lodging an application, applicants shall, where required in accordance with Article 13, appear in person to provide their fingerprints and facial imagebiometric identifiers. Applicants shall also appear in person for the verification of their travel document in accordance with Article 12.;
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point а
Article 1 – paragraph 1 – point 8 – point а
Regulation (EC) No 810/2009
Article 11 – paragraph 1 – subparagraph 3
Article 11 – paragraph 1 – subparagraph 3
The application form shall be signed. It may also be signed electronically. Persons included in the applicant’s travel document shall submit a separate application form. Minors shall submit an application form signIn the case of minors, the application form shall be signed and submitted by a person exercising permanent or temporary parental authority or their legal guardianship.;
Amendment 110 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point в
Article 1 – paragraph 1 – point 8 – point в
Regulation (EC) No 810/2009
Article 11 – paragraph 1c
Article 11 – paragraph 1c
1c. Each applicant shall submit a completed application form, in one of the official EU languages, including a declaration of the authenticity, completeness, correctness and reliability of the data submitted and a declaration of the veracity and reliability of the statements made. Each applicant shall also state that he or she has understood the conditions for entry referred to in Article 6 of Regulation (EU) 2016/399 and that he or she may be requested to provide the relevant supporting documents at each entry.;
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 810/2009
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The travel documents shall be checked for authenticity using the appropriate technology.
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 810/2009
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
Where the application is submitted via the EU application platform, the consulate or the external service provider shall verify that the presented travel document, which is presented in person in accordance with paragraph 2, corresponds to the scannedelectronic copy uploaded by the applicant.
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 810/2009
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Where the quality of the scannedelectronic copy referred to in paragraph 4 is unsatisfactory or where there are doubts, notably regarding authenticity, the competent consulate or the external service provider shall take a new scan and upload it, or make a new electronic copy, and upload that new copy to the EU application platform..;
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 810/2009
Article 13 – paragraph 7c
Article 13 – paragraph 7c
7c. Where the biometric identifiersdata are collected by an external service provider in accordance with Article 43, the external service provider gateway referred to in Article 7e Regulation (EC) No 767/2008 shall be used for this purpose.;
Amendment 119 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 810/2009
Article 16 – paragraph 7 – subparagraph 2
Article 16 – paragraph 7 – subparagraph 2
For application not submitted via the EU application platform, when charged in a currency other than the euro, the amount of the visa fee charged in that currency shall be determined and regularly reviewed in application of the euro foreign exchange reference rate set by the European Central Bank. The amount charged may be rounded up, and it shall be ensured under local Schengen cooperation that similar fees are charged irrespective of which Member State is competent for issuing the visa.;
Amendment 123 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Regulation (EC) No 810/2009
Article 26a – paragraph 1
Article 26a – paragraph 1
Visas shall be issued in digital format as a record in VIS, including a unique digital visa number. ;
Amendment 125 #
For applications submitted via the EU application platform, information regarding decisions on refusal and the reasons on which it is based shall be notified to the applicant by secure electronic means through the secure account on the EU application platform in accordance with Article 7f(1) of Regulation (EC) No 767/2008. The notification will contain the same information as set out in Annex VI, in the language of the Member State that has taken the final decision on the application and another official language of the Union.
Amendment 129 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point а
Article 1 – paragraph 1 – point 21 – point а
Regulation (EC) No 810/2009
Article 32 – paragraph 2 – subparagraph 3a (new)
Article 32 – paragraph 2 – subparagraph 3a (new)
The appeal period shall start to run from the time at which the applicant becomes aware of the decision to refuse a visa - either by means of the secure account on the EU application platform or via receipt of the standard form described in Annex VI.
Amendment 135 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Regulation (EC) No 810/2009
Article 32a – paragraph 4
Article 32a – paragraph 4
4. The visa holder shall be required to appear in person for the presentation of the new travel document in order to verify that this travel document corresponds to the scannedelectronic copy uploaded via the EU application platform, and that bearer of the travel document corresponds to the person for whom a visa was issued.
Amendment 136 #
7. The fact that a visa is confirmed in a new travel document shall be notified to the applicant by secure electronic means through the secure account on the EU application platform in accordance with Article 7f of Regulation (EC) No 767/2008.
Amendment 140 #
Proposal for a regulation
Article 1 – paragraph 1 – point 23 – point б
Article 1 – paragraph 1 – point 23 – point б
8. When a visa is extended pursuant to paragraphs 1 to 7 of this Article via the EU application platform, the extension shall be notified to the applicant by secure electronic means through the secure account on the EU application platform in accordance with Article 7f of Regulation (EC) No 767/2008.;
Amendment 141 #
Proposal for a regulation
Article 1 – paragraph 1 – point 24 – point а
Article 1 – paragraph 1 – point 24 – point а
Regulation (EC) No 810/2009
Article 34 – paragraph 6
Article 34 – paragraph 6
6. A decision onWhere a digital visa is issued, or a decision adopted on its annulment or revocation of a visa, these and the reasons on which ithis is based shall be issued in digital format by entering the data into the VIS, pursuant to Article 12 of Regulation (EC) No 767/2008, and notified to the applicant by secure electronic means through the secure account on the EU application platform in accordance with Article 7f of Regulation (EC) No 767/2008 or by means of the standard form set out in Annex VI f. For applications not submitted viathrough the EU application platform, this shall be done using the standard form described in Annex VI. The notification shall contain the information set out in Annex VI.;
Amendment 144 #
Proposal for a regulation
Article 1 – paragraph 1 – point 25 – point а
Article 1 – paragraph 1 – point 25 – point а
Regulation (EC) No 810/2009
Article 37 – paragraph 2
Article 37 – paragraph 2
2. For Member States which do not issue visas in digital format, the storage and handling of visa stickers shall be subject to adequate security measures to avoid fraud or loss. Each consulate shall keep an account of its stock of visa stickers and register how each visa sticker has been used. Any significant loss of blank visa stickers shall be reported to the Commission.;
Amendment 146 #
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point б
Article 1 – paragraph 1 – point 28 – point б
Regulation (EC) No 810/2009
Article 43 – paragraph 5 – subparagraph 2b
Article 43 – paragraph 5 – subparagraph 2b
(b) upload biometric identifiersdata;
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point в – point 1
Article 1 – paragraph 1 – point 28 – point в – point 1
Regulation (EC) No 810/2009
Article 43 – paragraph 6 – point c
Article 43 – paragraph 6 – point c
(c) collecting data (including collection of biometric identifiersdata and, in exceptional cases, supporting documents and documents needed for identity checks), transmitting them to the consulate or the central authorities where applicable, and uploading them to the EU application platform;;
Amendment 149 #
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point в – point 2
Article 1 – paragraph 1 – point 28 – point в – point 2
Regulation (EC) No 810/2009
Article 43 – paragraph 6 – point ca
Article 43 – paragraph 6 – point ca
(ca) verify the travel document against the electronic copy uploaded by the applicant;;
Amendment 158 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7b – paragraph 2 – point 28
Article 7b – paragraph 2 – point 28
(28) fingerprints collected previously for the purpose of applying for a Schengen visa; date (if known); visa or digital visa number, if known;
Amendment 167 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7b – paragraph 5 a (new)
Article 7b – paragraph 5 a (new)
5a. The potential duplication of IP addresses should not, in itself, be a premise for refusing to grant a visa.
Amendment 169 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7c – paragraph 2
Article 7c – paragraph 2
2. Applicants shall be able to use the EU application platform to submit a scanned copy of the travel document in electronic format, as well as supporting documents and proof of travel medical insurance in digital format, as applicable, pursuant to Regulation (EC) No 810/2009 or Directive 2004/38/EC.
Amendment 170 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7c – paragraph 4
Article 7c – paragraph 4
4. If necessary, the applicant shall be able to use the EU application platform to pay the visa fee using the secure payment tool referred to in Article 7d.
Amendment 173 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7c – paragraph 9 – subparagraph 2
Article 7c – paragraph 9 – subparagraph 2
If according to the automated admissibility pre-check the application is not admissible, the EU application platform shall send a notification to the applicant and notify which part of the application file is missing, indicating how long the applicant has to resolve this issue.
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7c – paragraph 9 – subparagraph 3
Article 7c – paragraph 9 – subparagraph 3
The EU application platform shall be designed so as to ensure that Article 19 paragraphs (4) and (4a) of Regulation (EC) No 810/2009 can apply, in order to allow applications to be considered admissible.
Amendment 179 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7e – paragraph 1 – point a
Article 7e – paragraph 1 – point a
(aа) verify and perform quality checks on the data uploaded in the temporary storage capacity, notably the scannedelectronic copy of the travel document;
Amendment 180 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7e – paragraph 1 – point b
Article 7e – paragraph 1 – point b
(b) upload the biometric identifiersdata;
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7f – paragraph 1
Article 7f – paragraph 1
1. Applicants and visa holders shall be notified of decisions taken by Member States on their applications or issued visas by secure electronic means, through the secure account on the EU application platform.
Amendment 185 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7g – paragraph 1
Article 7g – paragraph 1
1. The verification tool shall allow applicants and digital visa holders to check:
Amendment 186 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) No 767/2008
Article 7g – paragraph 1 – point b
Article 7g – paragraph 1 – point b
(b) status and validity of their digital visa.
Amendment 214 #
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3
Article 10 – paragraph 3 – subparagraph 3
During this transitional period, visa holders shall be able to verify the validity and authenticity of the digital visas using the web-service of the online visa application platform, referred to in Article 7g of Regulation (EC) No 767/2008 if the Member State processing their visa application decided not to avail itself of the EU application platform.