10 Amendments of Cornelia ERNST related to 2011/0138(COD)
Amendment 14 #
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 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 one or more Member States, and taking account of the overall impact of the emergency situation on the European Union as a whole.
Amendment 18 #
Proposal for a regulation
Recital 2
Recital 2
(2) In order to ensure uniform conditions for the implementation of the visa safeguard clausesuspension mechanism, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers.
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 29 #
Proposal for a regulation
Article 1– point 2
Article 1– point 2
Regulation 539/2001
Article 1a - title
Article 1a - title
Article 1a – Safeguard clauseuspension mechanism
Amendment 33 #
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) the arrival of nationals of a third country listed in Annex II represents a sudden increase of at least 560%, over a six month period, in the overall number of nationals of a third country listed in Annex II found to be illegally stayingies that are present in the Member State's territory(s) concerned, in comparison with the previous six month period;
Amendment 35 #
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 1 – point (a a) (new)
Article 1a – paragraph 1 – point (a a) (new)
(aa) a sudden increase of at least 50%, over a six month period, in the number of nationals of a third country listed in Annex II having been convicted of crimes relating to organised crime or trafficking in human beings committed on the territory of the one or more Member States concerned, in comparison with the previous six month period;
Amendment 37 #
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 39 #
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)
Amendment 44 #
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 inform the European Parliament and the Council without delay of the notification received by the Member States concerned and examine the notification taking into account the number of Member States affected by any of the situations described in paragraph 1 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 FRONTEXEuropol and/or theEurojust, by the relevant bodies of the Council of Europe an Asylum Support Office, and, within three months following receipt thereof,d of the OSCE and in consultation with Human Rights and/or Migrants NGOs and, within three months following receipt thereof, the Commission shall send the results of its examination to the European Parliament and the Council, after which the Commission may adopt 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 50 #
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 539/2001
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) crew and attendants on emergency or rescue flights and other helpers in the event of a disaster or accident;