BETA

Activities of Bodil VALERO related to 2018/0061(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2018/0061(COD)

Shadow reports (1)

2016/11/22
Committee: LIBE
Dossiers: 2018/0061(COD)
Documents: PDF(1003 KB) DOC(159 KB)

Amendments (35)

Proposal for a regulation
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 counter security risks and the risk of irregular migration to the Union~~.

2018/11/09
Committee: LIBE

Proposal for a regulation
Recital 2

(2) The Union should use its visa policy in its cooperation with third countries, and to ensure a better balance between migration and security concerns, economic considerations and general external relations.deleted

2018/11/09
Committee: LIBE

Proposal for a regulation
Recital 2 a (new)

(2a) When applying this Regulation, Member States should respect their respective obligations under international law, in particular the United Nations Convention relating to the Status of Refugees, 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.

2018/11/09
Committee: LIBE

Proposal for a regulation
Recital 4 a (new)

(4a) The issuing of a visa to a person seeking protection constitutes a means of allowing such person to access the territory of 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 protection. For such persons, Member States should make use of the exemptions on humanitarian grounds or because of international obligations provided for in this Regulation.

2018/11/09
Committee: LIBE

Proposal for a regulation
Recital 5

(5) Member States should not be obliged to maintain the possibility of direct access for the lodging of applications at the consulate in places where an external service provider has been mandated to collect visa applications on its behalf, without prejudice to the obligations imposed on Member States by Directive 2004/38/EC18 , in particular its Article 5(2). _________________ 18 Council Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, OJ L 229, 29.6.2004, p. 35.deleted

2018/11/09
Committee: LIBE

Proposal for a regulation
Recital 6

(6) The visa fee should ensure that sufficient financial resources are available to cover the expenses of visa processing, including appropriate structures and sufficient staff to ensure the quality and integrity of the examination of visa applications. ~~The amount of the visa fee should be revised on a two-yearly basis on the basis of objective criteria.~~

2018/11/09
Committee: LIBE

Proposal for a regulation
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 should be enabled to provide the necessary service for a fee exceeding the general maximum level.deleted

2018/11/09
Committee: LIBE

Proposal for a regulation
Recital 10

(10) Given the differences in local circumstances ~~notably with regard to migratory and security risks~~, as well as the relationships that the Union maintains with specific countries, Member States' 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 approaches 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 cooperation on the readmission of irregular migrants~~.

2018/11/09
Committee: LIBE

Proposal for a regulation
Recital 10 a (new)

(10a) The possibility to apply for a European humanitarian visa directly at any consulate or embassy of the Member States should be established.

2018/11/09
Committee: LIBE

Proposal for a regulation
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 migrants.deleted

2018/11/09
Committee: LIBE

Proposal for a regulation
Recital 14

(14) Local Schengen cooperation 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 should assess the operational application of specific provisions in the light of local circumstances ~~and migratory risk~~.

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – introductory part

Regulation (EC) No 810/2009
Article 3 – paragraph 5

(3) in Article 3(5) ~~points (b) and (c) are replaced by the~~is amended as follow~~ing~~s:

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a (new)

Regulation (EC) No 810/2009
Article 5 – paragraph 1 – points (b) and (c)

(a) points (b) and (c) are replaced by the following: "(b) third-country nationals holding a valid residence permit issued by a Member State which does not take part in the adoption of this Regulation or by a Member State which does not yet apply the provisions of the Schengen acquis in full, or third-country nationals holding one of the valid residence permits listed in Annex V issued by Andorra, Canada, Japan, San Marino or the United States of America guaranteeing the holder’s unconditional readmission, or holding a residence permit for the Caribbean parts of the Kingdom of the Netherlands (Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba); (c) third-country nationals holding a valid visa for a Member State which does not take part in the adoption of this Regulation, or for a Member State which does not yet apply the provisions of the Schengen acquis in full, or for a country party to the Agreement on the European Economic Area, or for Canada, Japan or the United States of America, or holders of a valid visa for the Caribbean parts of the Kingdom of the Netherlands (Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba), when travelling to the issuing country or to any other third country, or when, having used the visa, returning from the issuing country;";

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b (new)

Regulation (EC) No 810/2009
Article 3 – paragraph 5 – point f a

(b) the following new point is added: "(fa) persons in need of international protection;"

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)

Regulation (EC) No 810/2009
Article 6 – paragraph 2 a

(5a) In Article 6 the following new paragraph is added: "2a. Where the conditions referred to in paragraph 1 and 2 are not met, a consulate shall decide to examine and decide on an application when it considers it necessary on humanitarian grounds, for reasons of national interest or because of 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."

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a

Regulation (EC) No 810/2009
Article 9 – paragraph 1

Applications may be lodged ~~no more than six months, and for seafarers in the performance of their duties,~~ no more than nine months before the start of the intended visit and, as a rule, no later than 15 calendar days before that start. In justified individual cases of urgency, including when it is necessary on professional grounds, on humanitarian grounds, for reasons of national interest or because of international obligations, the consulate may waive the latter time limit.;

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a

Regulation (EC) No 810/2009
Article 14 – paragraph 4 – subparagraph 1

4. Member States may require applicants to present a proof of sponsorship and private accommodation or both by completing a form drawn up by ~~each Member State~~the Commission. That form shall indicate in particular:

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a

Regulation (EC) No 810/2009
Article 14 – paragraph 4 – subparagraph 2

The Commission shall adopt the form by means of implementing acts in accordance with the examination procedure referred to in Article 52(2). The form shall be used to inform the sponsor/inviting person about the processing of their personal data and the applicable rules. In addition to the Member State’s official language(s), the form shall be drawn up in at least one other official language of the institutions of the Union. ~~A specimen of the form shall be sent to the Commission.~~

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a

Regulation (EC) No 810/2009
Article 14 – paragraph 5

5. Member States' consulates shall within local Schengen cooperation, as referred to in Article 48, assess the implementation of the conditions laid down in paragraph 1, to take account of local circumstances~~, and of migratory and security risks~~.;

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – introductory part

Regulation (EC) No 810/2009
Article 15

(11) Article 15 is ~~amended as follows:~~deleted.

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a

Regulation (EC) No 810/2009
Article 16 – paragraph 1

1. Applicants shall pay a visa fee of EUR 8035.

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b

Regulation (EC) No 810/2009
Article 16 – paragraph 2 a

~~(b) The following new paragraph 2a is inserted: ‘2a. A visa fee of EUR 160 shall apply when the Commission so decides in accordance with Article 25a(5).;’~~deleted

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point f

Regulation (EC) No 810/2009
Article 16 – paragraph 8 a

(f) the following new paragraph is inserted: ‘8a. The Commission shall assess the need to revise the amount of the visa fees set out in Article 16(1), (2) and (2a) every two years, taking into account objective criteria, such as the general EU-wide inflation rate as published by Eurostat, and the weighted average of the salaries of Member States' civil servants and, where appropriate, amend the amount of the visa fees by means of delegated acts.;’deleted

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point a – introductory part

Regulation (EC) No 810/2009
Article 21 – paragraph 3 – point e

(a) in paragraph 3, point (e) is ~~replaced by the following :~~deleted.

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a

Regulation (EC) No 810/2009
Article 23 – paragraph 1

Applications shall be decided within 107 calendar days of the date of the lodging of an application which is admissible in accordance with Article 19.

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point b

Regulation (EC) No 810/2009
Article 24 – paragraph 2 – point a

(a) for a validity period of one year, provided that the applicant has obtained and lawfully used t~~hree~~wo visas within the previous two years;

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point c

Regulation (EC) No 810/2009
Article 24 – paragraph 2 b

2b. By way of derogation from paragraph 2, Member States' consulates shall within local Schengen cooperation as referred to in Article 48, assess whether the rules on the issuing of the multiple entry visas set out in paragraph 2 need to be adapted to take account of local circumstances, ~~and of migratory and security risk,~~ in view of the adoption of more favourable ~~or more restrictive~~ rules in accordance with paragraph 2d.

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point c

Regulation (EC) No 810/2009
Article 24 – paragraph 2 c

2c. Without prejudice to paragraph 2, a multiple entry visa valid for up to five years ~~may~~shall be issued to applicants who prove the need or justify their intention to travel frequently and/or regularly, in particular due to their occupational or family status, such as business persons, civil servants engaged in regular official contacts with Member States and EU institutions, representatives of civil society organisations travelling for the purpose of educational training, seminars and conferences, family members of citizens of the Union, family members of third- country nationals legally residing in Member States and seafarers, provided that they prove their integrity and reliability, in particular the lawful use of previous visas, their economic situation in the country of origin and their genuine intention to leave the territory of the Member States before the expiry of the visa for which they have applied.

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point c

Regulation (EC) No 810/2009
Article 24 – paragraph 2 d

2d. Where necessary on the basis of the assessment referred to in paragraph 2b, the Commission shall by means of implementing acts adopt the rules regarding the condition for the issuing of multiple-entry visas laid down in paragraph 2 to be applied in each jurisdiction in order to take account of local circumstances~~, of the migratory and security risks and of the cooperation of the third country in question on readmission of irregular migrants in the light of the indicators set out in Article 25a(2),~~ and of its overall relation with the Union. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 52(2).;

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 17 a (new)

Regulation (EC) No 810/2009
Article 25 – paragraph 5 a

(17a) In Article 25 the following new paragraph is added: ‘5a. Persons seeking international protection may apply for a European humanitarian visa directly at any consulate or embassy of the Member States. Once granted following an assessment, such a humanitarian visa shall allow its holder to enter the territory of the Member State issuing the visa for the sole purpose of lodging in that Member State an application for international protection, as defined in Article 2(a) of Directive 2011/95/EU. The relevant provisions of this Regulation shall apply with the exception of Articles 12, 15, 17 and 30. The Commission shall be empowered to adopt an implementing act, in accordance with the examination procedure referred to in Article 52(2), concerning the specific conditions and procedures for issuing such visas, insofar as it is necessary in order to take into consideration the particular circumstances of persons seeking international protection and of consulates and embassies of Member States.’

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 17 b (new)

Regulation (EC) No 810/2009
Article 25 a

(17b) The following new Article is inserted: ‘Article 25a Exemption from standard period of visa validity When issuing a visa on humanitarian or international protection grounds, Member States shall grant an exemption from the standard ‘90 days in any 180 days’ period of validity, for a period of 12 months, renewable, based on an assessment of the situation in the country of origin or of residence of the third-country national, awarding special attention to the circumstances of persons requesting international protection.’

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 18

Regulation (EC) No 810/2009
Article 25 a

~~[...]~~deleted

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point b Regulation (EC) No 810/2009

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 against the Member State that has taken the final decision on the application and in accordance with the national law of that Member State. The deadline for appeal shall be at least 30 calendar days. 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, in a language the applicants understand or are reasonably supposed to understand.;

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point b

Regulation (EC) No 810/2009
Article 48 – paragraph 1 a – point f

~~(f) monitor, where relevant, the implementation of the derogations set out in Article 25a(5) and (6).;~~deleted

2018/11/09
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point d

Regulation (EC) No 810/2009
Article 48 – paragraph 3 – point b

(b) information with regard to ~~the assessment of migratory and/or security risks, in particular on~~:

2018/11/09
Committee: LIBE