14 Amendments of Tatjana ŽDANOKA related to 2011/0138(COD)
Amendment 13 #
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation establishes a visa safeguard clause allowingmechanism for the rapid, temporary suspension of the visa waiver, as a last resort, for a third country on the positive list in case of an emergency situation, where an urgent response is needed in order to resolve the difficulties faced by onthree or more Member States, and taking account of the overall impact of the emergency situation on the European Union as a whole.
Amendment 20 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The reciprocity mechanism is applicable in cases where a third country listed in Annex II of Regulation (EC) No 539/2001 introduces, reintroduces or maintains visa requirements for the nationals of a Member State.
Amendment 24 #
Proposal for a regulation
Recital 6
Recital 6
(6) As Regulation (EC) No 1932/2006 on the visa rules applicable for refugees and stateless persons does not apply to such persons when they are residing in the United Kingdom or Ireland, it is necessary to clarify the situation concerning the visa requirement for certain refugees and stateless persons who reside in the United Kingdom or in Ireland. This Regulation leaves Member States free to decide on visa exemption or obligation for that category of persons. Such national decisions shall be notified to the Commissionexempts that category of persons from the visa requirement.
Amendment 27 #
Proposal for a regulation
Article 1 – point 1 – point a – point ii – indent 2 a (new)
Article 1 – point 1 – point a – point ii – indent 2 a (new)
Regulation (EC) No 539/2011
Article 1 – paragraph 2 – second subparagraph – indent 6 (new)
Article 1 – paragraph 2 – second subparagraph – indent 6 (new)
– recognised refugees and stateless persons and other persons who do not hold the nationality of any country who reside in the United Kingdom or in Ireland and are holders of a travel document issued by the United Kingdom or Ireland.
Amendment 28 #
Proposal for a regulation
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Regulation (EC) No 539/2011
Article 1 – paragraph 4
Article 1 – paragraph 4
(b) in paragraph 4 point (c) is replaced by the following: is replaced by the following: 4. Where a third country listed in Annex II introduces, reintroduces or maintains a visa requirement for nationals of a Member State, the following provisions shall apply: (ca) within 90 days after publication of that notification, the Commission, in consultation with the Member State concerned, shall report to the European Parliament and the Council. The report may be accompanied by a proposal providing for the temporary restoration of the visa requirement for nationals of the third country in question. The Commission may also presof such introduction, or its announcement or, in cases where the requirement is maintained, within 90 days of the date of entry into force of this Regulation, the Member State concerned shall notify the European Parliament, the Council and the Commission in writing; the notification shall be published in the C series of the Official Journal of the European Union. The notification shall specify the date of implementation of the measure and the type of travel documents and visas concerned. If the third country decides to lift the visa obligation before the expiry of this deadline, the notification becomes superfluous; (b) the Commission shall, immediately following the date of publication of that notification and in consultation with the Member State concerned, take steps with the authorities of the third country in order to restore visa-free travel and shall inform the European Parliament and the Council about the status of the negotiations at the earliest opportunity; (c) within 45 days after publication of that notification, the Commission, in consultation with the Member State concerned, shall report to the European Parliament and the Council. If within 45 days of the date of publication of that notification, the third country concerned has not lifted the visa requirement, the Commission, in consultation with that Member State, shall propose the restoration of the visa requirement for nationals of the third country in question. If within 90 days of the date of publication of that notification, the third country has not lifted the visa requirement, this proposal after deliberations in the European Parliament and the Council on its report. Te Commission's proposal providing for the restoration of the visa requirement for nationals of the third country in question shall be deemed to have been adopted, unless the Council, acting by qualified majority, and the European Parliament, and the Council shall act on such proposcting by absolute majority, decide to reject the proposal beforehand. (d) where the third country in question abolishes the visa requirement, the Member State shall immediately notify the Council and the Commission to that effect. The notification shall be published in the C series of the Official Journal byof the ordinary legislative procedureEuropean Union. Any measure decided upon under subparagraph (c) shall terminate seven days after the publication in the Official Journal of the European Union. In case the third country in question has introduced a visa requirement for nationals of two or more Member States, the measure will only terminate after the last publication.
Amendment 30 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – introductory part
Article 1 – paragraph 1 – point 2 – introductory part
Regulation (EC) No 539/2001
Article 1a – paragraph 1
Article 1a – paragraph 1
1. Paragraphs 2 to 5 of this Article shall apply, as a last resort, in the event of onthree or more Member States being confronted by an emergency situation, which has a serious negative impact on the overall migratory situation in the Union, and characterised by the occurrence of any of the following:
Amendment 32 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 1 – point (a)
Article 1a – paragraph 1 – point (a)
(a) a sudden and substantial increase of at least 5100%, over a six monthone year period, in the number of nationals of a third country listed in Annex II found to be illegalrregularly staying in the Member State's territory, in comparison with the previous six monthone year period;
Amendment 36 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 1 – point (b)
Article 1a – paragraph 1 – point (b)
Amendment 40 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 1 – point (c)
Article 1a – paragraph 1 – point (c)
(c) a sudden and substantial increase of at least 5100%, over a six monthone year period, in the number of rejected readmission applications submitted by a Member State to a third country listed in Annex II for its own nationals, in comparison with the previous six monthone year period.
Amendment 42 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 2
Article 1a – paragraph 2
2. A Member State which is confronted by any of the emergency situations described in paragraph 1 may notify the Commission. This notification shall be duly motivated and shall include relevant data and statistics as well as a detailed explanation of the preliminary measures that the Member State concerned has taken with a view to remedying the situation. The Commission shall inform the European Parliament and the Council immediately after receiving such notification by the Member State concerned.
Amendment 43 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 3
Article 1a – paragraph 3
3. The Commission shall examine the notification taking into account the scale of the increase, the number of Member States affected by any of the situations described in paragraph 1, the substantive factors affecting the specific circumstances of the notifying Member States and the overall impact of the increases on the migratory situation in the Union as the latter appears from the data provided by the Member States as well as from reports prepared by FRONTEX and/or the European Asylum Support Office, and, within three months following receipt thereof, the Commission may adopt. Following that examination and after reporting to the European Parliament and the Council, the Commission may adopt, within three months following the notification, an implementing decision suspending the exemption of visa requirement for the nationals of the third country concerned for a period of six months. The implementing decision shall be adopted in accordance with the procedure referred to in Article 4a (2). The implementing decision shall determine the date on which the suspension of the exemption of visa requirement is to take effect.
Amendment 48 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 5
Article 1a – paragraph 5
5. Where the Commission has proposed an amendment to this Regulation in order to transfer a third country to Annex I pursuant to paragraph 4, it can extend the validity of the implementing decision adopted pursuant to paragraph 3 for a period of maximum ninesix months. The decision to extend the validity of the implementing decision shall be adopted in accordance with the procedure referred to in Article 4a (2).
Amendment 52 #
Proposal for a regulation
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Regulation (EC) No 539/2001
Article 4 – paragraph 2 – point (d)
Article 4 – paragraph 2 – point (d)
Amendment 53 #
Proposal for a regulation
Article 1 – point 4 – point c
Article 1 – point 4 – point c
Regulation (EC) No 539/2001
Article 4 – paragraph 4
Article 4 – paragraph 4
To the extent imposed by the application of Article 41(1) of the Additional Protocol to the Association Agreement between Turkey and the EC, a Member State mayshall provide for exceptions from the visa requirement provided for by Article 1(1), as regards Turkish nationals providing services during their stay.