19 Amendments of Kostas CHRYSOGONOS related to 2014/0094(COD)
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 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 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 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 209 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
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 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 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 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 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 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.