Activities of Marie-Christine VERGIAT related to 2016/0142(COD)
Plenary speeches (1)
Third countries whose nationals are subject to or exempt from a visa requirement: revision of the suspension mechanism (debate) FR
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 539/2001 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 (revision of the suspension mechanism) PDF (588 KB) DOC (331 KB)
Amendments (19)
Amendment 11 #
Proposal for a regulation
Citation 1 a (new)
Citation 1 a (new)
– having regard to Article 290 of the TFEU on delegated acts,
Amendment 12 #
Proposal for a regulation
Citation 1 b (new)
Citation 1 b (new)
– whereas any modification of Regulation (EC) No 539/2001 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 must be made under the ordinary legislative procedure (codecision) involving Parliament,
Amendment 15 #
Proposal for a regulation
Recital 2
Recital 2
(2) The mechanism for the temporary suspension of the exemption from the visa requirement for the nationals of a third country listed in Annex II of that regulation ("the suspension mechanism") should be strengthened by making it easier for Member States to notify circumstances leading to a possible suspension and by enabling the Commission and/or the European Parliament to trigger the mechanism on its own initiative. The active involvement of the European Parliament and of the Council must be guaranteed throughout the procedure, including during the preparation of the delegated acts.
Amendment 18 #
Proposal for a regulation
Recital 3
Recital 3
(3) In particular, the use of the mechanism should be facilitated by shortening reference periods and deadlines allowing for a faster procedure and by extending the possible grounds of suspension, which should include a substantial increase in the number of rejected readmission applications for third- country nationals having transited through the third country concerned, where a readmission agreement concluded between the Union or a Member State and that third country provides for such a readmission obligation. The Commission should also be able to trigger the mechanism in case the third country fails to cooperate on readmission, in particular where a readmission agreement has been concluded between the third country concerned and the Unionilst taking account of violations of human rights and fundamental freedoms in the third countries of transit and origin of the persons concerned.
Amendment 23 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
(1) in paragraph 1 the following is deleted: ‘in emergency situations, as a last resortadded: ‘on the basis of strict, objective criteria which guarantee that human rights and fundamental freedoms, in particular the right of asylum, are upheld, both in the Union and in the third country,’
Amendment 24 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 2 – introductory part
Article 1a – paragraph 2 – introductory part
‘2. A Member State may notify the Commission if it is confronted, over a twosix- month period, in comparison with the same period inof the previous year or with the last two monthree years prior to the implementation of the exemption from the visa requirement for nationals of a third country listed in Annex II, with one or more of the following circumstances which it is unable to remedy on its own, namely:
Amendment 27 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(a) a substantial increase in the number of nationals of that third country found to be staying in the Member State’s territory without a right thereto;
Amendment 28 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 2 – point b
Article 1a – paragraph 2 – point b
Amendment 30 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 2 – point c
Article 1a – paragraph 2 – point c
Amendment 39 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 2 – subparagraph 2
Article 1a – paragraph 2 – subparagraph 2
The notification referred to in the first subparagraph shall state the reasons on which it is based and shall include relevant quantitative and qualitative 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 situationin order to address the situation, including as regards fundamental rights. The Commission shall inform the European Parliament and the Council immediately of such notification.’
Amendment 44 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 539/2001
Article 1a – paragraph 2 a – introductory part
Article 1a – paragraph 2 a – introductory part
« 2a. Where the Commission has concrete and reliable information of circumstances referred to in points (a), (b) or (c) of paragraph 2, or that the third country is not cooperating on readmissiontaking account of the situation with regard to human rights and fundamental freedoms, in particular wthere a readmission agreement has been concluded between right of asylum, in the Union and thate third country and the Union, for instance:.
Amendment 45 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 539/2001
Article 1a – paragraph 2 a – indent 1
Article 1a – paragraph 2 a – indent 1
Amendment 46 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 539/2001
Article 1a – paragraph 2 a – indent 2
Article 1a – paragraph 2 a – indent 2
Amendment 47 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 539/2001
Article 1a – paragraph 2 a – indent 3
Article 1a – paragraph 2 a – indent 3
Amendment 49 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 539/2001
Article 1a – paragraph 2 a – concluding part
Article 1a – paragraph 2 a – concluding part
the Commission may, on its own initiative,shall immediately inform the European Parliament and the Council. This information shall be equivalent to a notification made pursuant to paragraph 2.’
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 539/2001
Article 1a – paragraph 3 – point b
Article 1a – paragraph 3 – point b
(b) the number of Member States affected by any of the situations described in paragraphs 2 and 2a, taking account of the disparities in the situation in the Member States of the Union as regards, in particular, the implementation of the common European asylum system and the consequences of applying Article 10 of Regulation (EC) No 343/2003;
Amendment 53 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 539/2001
Article 1a – paragraph 3 – point c
Article 1a – paragraph 3 – point c
(c) the overall impact of the increases referred to in paragraph 2 on the migratory situation in the Union as it appears from the data provided by the Member States, Eurostat and competent international organisations or available to the Commission;
Amendment 54 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 539/2001
Article 1a – paragraph 3 – point d
Article 1a – paragraph 3 – point d
(d) the reports prepared by the [European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union], the European Asylum Support Office or, the European Police Office (Europol) if circumstances so require in Fundamental Rights Agency, international organisations, in particular the UNHCR, and competent civil society organisations or persons withe specific caseexpertise in the area of human rights in the country in question;
Amendment 55 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 539/2001
Article 1a – paragraph 3 – point e
Article 1a – paragraph 3 – point e
(e) the overall question of public policy and internal security, in consultations with the Member State concernedsituation as regards human rights and fundamental freedoms in the third country, taking account of the implications of activating the suspension mechanism for nationals of the third country in question, in particular in the light of the right of asylum.