BETA

21 Amendments of Timothy KIRKHOPE related to 2014/0095(COD)

Timothy KIRKHOPE

Proposal for a regulation
Recital 4

(4) Live performance artists, in particular, often experience difficulties in organising tours in the Union. Students, researchers, culture professionals, pensioners, business people, service providers as well as tourists may also wish to stay longer than 90 days in any 180-day period in the Schengen area. The lack of appropriate authorisation leads to a loss of potential visitors and consequently to an economic lossSports athletes and performing artists who wish to stay longer than 90 days in any 180-day period in the Schengen area, who cannot obtain a visa extension under the Visa Code, are required to leave the Schengen area for 90 days in a given 180 day period, in order to re-enter.

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Recital 5

(5) The Treaty distinguishes between, on the one hand, the conditions of entry to the Member States and the development of a common policy on short-stay visas, and on the other hand, the conditions of entry for the purpose of residing legally in a Member State and issuing long-stay visas and residence permits for that purpose. However, the Treaty does not define the notion of short stay.deleted

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Recital 7

(7) Where relevant, the provisions of Regulation (EU) No xxx/201x of the European Parliament and of the Council29 and Regulation (EC) No 767/2008 of the European Parliament and of the Council30 should apply to the application for and the issuing of touring visas. ~~Given the different needs and conditions of third- country nationals applying for touring visas and due to economic and security considerations, s~~Specific rules should nevertheless be introduced, among others, as regards the authorities taking part in the procedures, the application phase, the examination of and decision on applications and the issuing and refusal of touring visas. __________________ 29 Regulation (EU) No xxx/201x of the European Parliament and of the Council of xxx establishing a Union Code on Visas (Visa Code) (recast) (OJ L x, xxx, p. x). 30 Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Recital 8

(8) Nationals of third countries listed in Annex II of Council Regulation (EC) No 539/200131 should benefit from certain facilitations, such as the exemption from the collection of fingerprints. __________________ 31Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L, 81, 21.3.2001, p. 1).deleted

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Recital 10

(10) It should be possible to extend the authorised stay, ~~taking into consideration specific travel patterns and needs, provided that holders of a touring visa~~provided that holders of the touring visa provide sufficient evidence of the need for such an extension, and continue to fulfil the entry and visa issuing conditions and can prove that during their prolonged stay, they comply with the requirement of not staying for more than 90 days in any 180-day period in the territory of the same Member State

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Recital 12

(12) Following the establishment of the touring visa, Article 20(2) of the Convention implementing the Schengen Agreement should be amended as it is incompatible with 77(2)(a) and (c) of the Treaty on the Functioning of the European Union due to the fact that the common policy on visas cannot be based on the existence or non-existence of bilateral visa waiver agreements concluded by Member States. The authorised length of stay of third-country nationals should not depend on the number and content of such bilateral agreements concluded in the past.deleted

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Recital 13

(13) A five-year transitional period should be provided for phasing out the impact of bilateral visa waiver agreements as far as the overall length of stay of third-country nationals in the Schengen area is concerned.deleted

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Article 1 – paragraph 2 – point a

~~(a) the right of free movement enjoyed by third-country nationals who are family members of citizens of the Union;~~deleted

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Article 4 – paragraph 3

3. The Member State competent for examining and deciding on an application for a touring visa shall be the Member State wh~~ose external border the applicant intends to cross~~ ere the applicant is carrying o~~rder to ente~~ut his or the ~~territory of the Member States~~r activities for the longest period.

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Article 4 – paragraph 4

4. Applications by nationals of third countries listed in Annex II to Regulation (EC) No 539/2001 legally present in the territory of a Member State may be lodged within the territory of that Member State provided that the consulate of the competent Member State has at least 20 calendar days to decide on the application.deleted

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Article 4 – paragraph 4

4. Applications by nationals of third countries listed in Annex II to Regulation (EC) No 539/2001 legally present in the territory of a Member State may be lodged within the territory of that Member State ~~provided that~~, with the consulate of the ~~competent~~ Member State ~~has at least 20 calendar days to decide on the application~~where the applicant intends to stay.

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Article 4 – paragraph 5

5. Applications by third-country nationals, irrespective of their nationality, who hold a valid residence permit or valid long-stay visa issued by athe competent Member State may be lodged within the territory of that Member State at least 20 calendar days before the expiry of the residence permit or long-stay visa.

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Article 4 – paragraph 6

6. In cases referred to in paragraphs 4 and 5 the competent Member State for examining and deciding on an application for a touring visa shall be the Member State the applicant intends to enter first making use of the touring visa.deleted

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Article 6 – paragraph 4 a (new)

4a. The examination of an application for a touring visa and decision on that application shall include an assessment of whether the applicant presents a risk of overstaying his or her visa or presents a security risk to Member States;

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Article 7 – paragraph 4

4. The period of validity of the touring visa shall correspond to the length of authorised stay. The length of the stay in each Member States shall not exceed 90 days in any 180 day period.

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Article 7 – paragraph 5

5. If applicants hold a travel document that is recognised by ~~one or more, but not~~ all, Member States, the touring visa shall only be valid for the territory of the Member States which recognise the travel document, provided that the intended stay is longer than 90 days in any 180-day period in the territory of the Member States concerned.

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Article 8 – paragraph 2

2. In addition to the possibility of an exceptional extension for specific reasons provided in Article 30(1) of Regulation (EU) No xxx/201x [Visa Code (recast)], holders of a touring visa may apply for an extension in the territory of the Member States not earlier than 90 days and not later than 15 days before the expiry of their touring visa.

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Article 8 – paragraph 7

7. Decisions shall be taken within 1520 calendar days of the date of the lodging of an application for an extension.

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Article 8 – paragraph 9

9. During the examination of an application for an extension, the competent authority may ~~in justified cases~~ call applicants for an interview and request additional documents.

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Article 8 – paragraph 10

10. An extension shall not exceed ~~one year~~90 days, and the overall length of an authorised stay~~, that is, the length of the initially authorised stay and its extension, shall not exceed two years~~.

2015/09/29
Committee: LIBE

Timothy KIRKHOPE

Proposal for a regulation
Article 15 – paragraph 1

By [three years after the date of application of this Regulation] the Commission shall evaluate the application of this Regulation. They shall present an evaluation to the European Parliament and to the Council.

2015/09/29
Committee: LIBE