Progress: Procedure lapsed or withdrawn
Lead committee dossier:
Legal Basis:
TFEU 077-p2
Legal Basis:
TFEU 077-p2Events
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Juan Fernando LÓPEZ AGUILAR (S&D, ES) on the proposal for a regulation of the European Parliament and of the Council on the Union Code on Visas (Visa Code) (recast).
The committee recommended that Parliament’s position adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:
Objectives of the Visa Code : the Union Code on Visas - a main element of the common policy on visa- should also aim to secure a high level of security, tackle irregular immigration and facilitate legitimate travel. It should contribute to generating growth and be coherent with other Union policies, such as external relations, trade, education, culture and tourism.
The proposed regulation establishes the conditions and procedures for issuing visas for transit and for intended stays on the territory of Member States for a maximum period of 90 days in any 180 days.
Members specified that the regulation, including the provision regarding an intended stay not exceeding 90 days, shall apply without prejudice to a possible application for international protection on the territory of the Member States and to the rights of refugees and persons requesting international protection, in particular as regards non-refoulement.
Airport transit visas : the proposal provides that nationals of the third countries listed in Annex III of the Regulation should be in possession of an airport transit visa when passing through the international transit area of airports situated on the territory of Member States.
Members considered that a Member State may prolong the application of the airport transit visa requirement only twice where the lifting of the requirement would lead to a substantial influx of irregular migrants. Where a substantial influx of irregular migrants in a Member State persists even after the prolongation referred to above, the Member State concerned shall request the Commission to modify Annex III.
Persons in need of international protection shall be exempt from the requirement for an airport transit visa.
Consular territorial competence : Members proposed that a consulate shall decide to examine and decide on an application when it considers it necessary on humanitarian grounds, for reasons of national interest or because of international obligations incumbent on it, particularly under the 1951 Convention relating to the Status of Refugees (1951 Geneva Convention) or other relevant European or international instruments.
Persons seeking international protection may apply for a European humanitarian visa directly at any consulate or embassy of the Member States . Once granted following an assessment, such a humanitarian visa shall allow its holder to enter the territory of the Member State issuing the visa for the sole purpose of lodging in that Member State an application for international protection, as defined in Directive 2011/95/EU.
Applications: applications may be lodged nine months (rather than six months) before and no later than 15 calendar days before the start of the intended visit. In justified individual cases of urgency, including when it is necessary on professional grounds, on humanitarian grounds, for reasons of national interest or because of international obligations, the consulate may waive the latter time limit.
In order to take steps towards a modernisation of the visa application procedure, the report proposes to make the application form available in electronic format so that those who would like to do so can make use of it.
In addition, consulates may provide for the possibility of lodging an application online and of sending travel document, as well as supporting documents in case the original is required, by mail.
VIS registered applicants shall not be required to appear in person when lodging an application, where their biometric identifiers have been entered into the VIS less than 59 months before.
Where a Member State cooperates with an external service provider, that Member State shall maintain the possibility for applicants to lodge their applications directly at its own consulates , except where security considerations do not allow for such a possibility.
After the collection of the biometric identifiers, the applicant shall be issued with a receipt.
Travel medical insurance : persons to whom a uniform visa for one or two entries is to be issued shall prove that they are in possession of adequate and valid travel medical insurance to cover: (i) any expenses which might arise in connection with repatriation for medical reasons, urgent medical attention, emergency hospital treatment or death, during their stay or stays on the territory of the Member States; (ii) the entire period of the person’s intended stay or transit.
Failure to present a valid travel medical insurance shall lead to the revocation of the visa.
The insurance shall be valid throughout the territory of the Member States and cover the entire period of the person’s intended stay or transit. The minimum coverage shall be EUR 30 000.
Visa fees: visa applicants whose data is registered in the VIS and whose biometric identifiers have been collected, and nationals of third countries with which the European Union has signed a readmission agreement, shall pay a visa fee of EUR 40.
Recipients of a visa with limited territorial validity issued on humanitarian grounds are exempt from visa fees.
Exemption from standard period of visa validity : when issuing a visa on humanitarian or international protection grounds, Member States shall grant an exemption from the standard ‘90 days in any 180 days’ period of validity, for a period of 12 months, renewable, based on an assessment of the situation in the country of origin or of residence of the third-country national, awarding special attention to the circumstances of persons requesting international protection.
Close relatives and family members of Union citizens : applications of close relatives of the Union citizens and of family members of Union citizens as referred to in Directive 2004/38/EC shall be assessed taking into account the right to respect for private and family life as expressed in the Charter of Fundamental Rights of the European Union. When a family member of a Union citizen arrives at the border without holding the necessary visa, the Member State concerned must, before turning him back, give the person concerned every reasonable opportunity to obtain the necessary documents or have them brought to him within a reasonable period of time to corroborate or prove by other means that he is covered by the right of free movement. If he succeeds in doing so and if there is no evidence that he poses a risk to the public policy, public security or public health requirements, the visa must be issued to him without delay at the border.
Refusals of applications of close relatives and of family members of Union citizens shall be justified in a detailed way and in writing . A family member may be refused a visa exclusively if the national authorities: (i) demonstrate that the visa applicant is a genuine, present and sufficiently serious threat to public policy, public security or public health; or (ii) demonstrate that there was abuse or fraud. Applicants who have been refused a visa shall have the right to appeal including the right to a judicial remedy.
Members added a new clause stating that all consulates should have a procedure for claiming compensation and publish this procedure on their website.
Cooperation between Member States : the Commission proposes to delete several arrangements with regard to such cooperation. On the other hand, the committee considers that the current optional forms of cooperation between Member States (co-location and Common Application Centres) should remain. It proposes that Member States should aim to establish Schengen Visa Centres in order to share resources, increase consular coverage, and improve the service offered to visa applicants, increase the visibility of the Union and enhance the uniform application of the Regulation.
External service providers : the Commission proposes to provide for the possibility of cooperation with an external service provider without any conditions or restrictions. Members consider that this contrasts with the current Visa Code in force whose philosophy is that outsourcing is permitted but only "as a last resort" after it had been ascertained that other options cannot be chosen. Accordingly, Members introduced amendments specifying the particular circumstances under which external services providers should be considered .
At the same time, Members proposed that the monitoring of providers should be strengthened and the Commission needs to be better informed on cooperation in order to be able to correctly assess the implementation of the legal provisions on the ground.
Information for the public : Members introduced amendments aiming to ensure more detailed information should be given to applicants so that they can prepare the application properly in advance.
The Schengen visa internet website shall be available in all official languages of the Union and the main language of the five third countries with the highest number of Schengen visa applications. It shall be accessible in all formats necessary to ensure accessibility for people with disabilities. In addition, that website shall provide the contact details of, and the web links to, the consulates of the Member States competent for examining a visa application.
Implementing acts: Members want to maintain the Annex as an integral part of the Visa Code instead of providing for the power to adopt the content of the current annexes at a later stage by implementing acts. In order to ensure the necessary flexibility to be able to adapt the annexes when necessary, they suggest that changes to the annexes of the Regulation may be made by delegated acts.
PURPOSE: to recast and amend Regulation (EC) No 810/2009 of the European Parliament and of the Council establishing a Community Code on Visas ( Visa Code ).
PROPOSED ACT: Regulation of the European Parliament and the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: Article 57(1) of Regulation (EC) No 810/2009 on the Visa Code requires the Commission to send the European Parliament and the Council an evaluation of its application two years after all the provisions of the Visa Code have become applicable (i.e. 5 April 2013). The evaluation may be accompanied by a proposal for an amendment of the Regulation. This is the aim of this proposed Regulation.
The proposed amendments, while maintaining security at the external borders and ensuring the good functioning of the Schengen area, make travel easier for legitimate travellers and simplify the legal framework in the interest of Member States , e.g. by allowing more flexible rules on consular cooperation.
The proposal intends to make the access to the Schengen area easier for legitimate travellers will facilitate visiting friends and relatives and doing business. It will boost economic activity, tourism and job creation.
IMPACT ASSESSMENT: the Commission examined the proposal and concluded that there were to main problem areas: (i) the overall length and costs (direct and indirect) and the cumbersome nature of the procedures; (ii) insufficient geographical coverage in visa processing. In this regard, the issuing of multiple-entry visas (MEVs) with a long validity accompanied by certain procedural facilitations was considered the only win-win solution.
LEGAL BASIS: Article 77(2)(a) of the Treaty on the Functioning of the European Union (TFEU).
CONTENT: the proposed Regulation aims to facilitate the procedural rules applicable to regular travellers in order to ease mobility in the EU. It is presented as part of a package of two parallel proposals which seek to clarify and simplify the visa scheme in general.
The main objectives of the legislative package include:
reducing the deadline from 15 to 10 days for processing and taking a decision; making it possible to lodge visa applications in other EU countries consulates if the Member State competent for processing the visa application is neither present nor represented; substantial facilitations for regular travellers including mandatory issuing of multiple entry visas valid for three years; simplified application form and allowing for online applications; possibility for Member States to devise special schemes granting visas at the borders for up to 15 days in one Schengen State; possibility for Member States to facilitate the issuing of visa for visitors attending major events; a new type of visa ( Touring-visa (parallel proposal)) allowing legitimate travellers to circulate in the Schengen area for up to 1 year (without staying in one Member State for more than 90 days in any 180-day period).
Reducing the deadline : it is proposed to reduce the deadline for processing and making a decision on a visa application is reduced from 15 to 10 days. The maximum deadline for lodging an application has been increased from three to six months before the intended trip, to allow travellers to plan ahead and avoid peak seasons.
Furthermore, the list of supporting documents will be simplified and become exhaustive and the enhanced harmonisation of these requirements at local level will ensure equal treatment of visa applicants.
The often costly obligatory travel medical insurance will be abolished.
Establishing a clearer set of procedural rules and speeding up the process with the introduction of mandatory criteria for obtaining a multiple entry visa (MEV) valid for three years and subsequently for five years for 'VIS registered regular' travellers. Applicants whose data are registered in the Visa Information System (VIS) and who have previously lawfully used at least two visas within the past 12 month period will benefit from these facilitations. This change of rules is also possible thanks to the roll out of the Visa Information System (VIS), which is expected to be completed in 2015, enabling Member States' consulates to access the visa applicants' 'history'.
General procedural facilitations :
the principle of all applicants having to lodge the application in person has been abolished. Generally, applicants will only be required to appear in person at the consulate or the external service provider for the collection of fingerprints to be stored in the Visa Information System (VIS); the general visa application form (Annex I) has been simplified and a reference has been made to the use of electronic filling in of the application form: the standard form for notifying and motivating refusal, annulment or revocation of a visa has been be revised to include a specific ground for refusal of an airport transit visa and to ensure that the person concerned is properly informed about appeal procedures; the list of supporting documents in Annex II is no longer a "non-exhaustive list" and a distinction has been made between unknown applicants and VIS registered regular travellers as regards the supporting documents to be submitted. The provisions regarding the preparatory work on drawing up lists adapted to local circumstances in local Schengen cooperation have been reinforced; the provisions on visa fee waivers have become mandatory rather than optional to ensure equal treatment of applicants. Certain categories eligible to visa fee waivers have been enlarged to cover minors up to 18 years (previously the age of six).
Special schemes : provisions have been included to provide certain procedural facilitations for close relatives of Union citizens so as to contribute to improving their mobility, in particular by facilitating family visits .
The following cases are set out:
the provisions provide for facilitations for family members intending to visit Union citizens residing in the territory of the Member State of which they are nationals and for family members of Union citizens living in a third country and wishing to visit together the Member State of which the EU citizens are nationals; Member States may, where the EU citizen exercises the right to move and reside freely in their territory, require the family member who is a non-EU national to have an entry visa. Member States must grant such persons every facility to obtain the necessary visas, which must be issued free of charge as soon as possible and on the basis of an accelerated procedure.
Visas applied for at the external border under a temporary scheme : in view of promoting short term tourism, a Member State may decide to temporarily issue visas (upon notification and publication of the organisational modalities of the scheme) at the external border to persons fulfilling specific conditions. This should, in principle, remain exceptional .
Exemptions in the case of international events : Member States should be free to define the exact supporting documents to be submitted by visa applicants in order to prove the fulfilment of the entry conditions required by this Regulation. Where such a harmonised list of supporting documents exists, in order to provide facilitations for visa applicants, Member States should be allowed to provide certain exemptions from that list when major international events are organised in their territory. These events should be large scale and of particular importance due to their tourism and/or cultural impact (for instance, universal exhibitions and sports championships).
Enlarging consular cooperation : according to the proposal, if the Member State competent for processing the visa application is neither present nor represented in a given third country, the applicant is entitled to apply at any of the consulates present ( 'mandatory representation' ).
Flexible rules should be established to allow Member States to optimise the sharing of resources and to increase consular coverage. Cooperation among Member States ("Schengen Visa Centres"), could take any form adapted to local circumstances aiming at increasing geographical consular coverage , reducing Member States' costs, increasing the visibility of the European Union and improving the service offered to visa applicants.
In this regard, representation arrangements should be streamlined and obstacles for the conclusion of such arrangements among Member States should be avoided and the representing Member State should be responsible for carrying out the entire processing of visa applications without involvement of the represented Member State.
External service providers : Member States' use of external service provider is no longer to be the last resort solution. Family members of Union citizens exercising their right to free movement and close relatives of Union citizens not exercising their right to free movement as well as applicants who can justify a case of emergency should be given an immediate appointment .
It is provided that Member States should annually report to the Commission on the cooperation with external service providers, including the monitoring of the service providers.
Statistics : Annex VII is amended to provide for the collection of all relevant data in a sufficiently disaggregated form allow for proper assessment.
Information to the public : the Commission should create a common Schengen visa internet website and develop a template for the information to be given to visa applicants.
Other technical amendments include :
the deletion of the reference to the specific travel purpose "transit" given that short stay visas are not purpose bound; establishing harmonised rules on the handling of situations of loss of identity document and valid visa.
DELEGATED ACTS: in accordance with Article 290 of the TFEU, the power to amend non-essential elements of Regulation is delegated to the Commission in respect of the list of third countries whose nationals are required to hold an airport transit visa when passing through the international transit areas of airports situated on the territory of the Member States (Annex III) and the list of residence permits entitling the holder to transit through the airports of Member States without being required to hold an airport transit visa (Annex IV).
The Commission should be empowered to adopt implementing acts establishing the list of supporting documents to be to be used in each location to take account of local circumstances, details for filling in and affixing of the visa stickers and the rules for issuing visas to seafarers at the external borders. Therefore, the previous annexes VII, VIII and IX should be deleted.
Documents
- Committee report tabled for plenary, 1st reading: A8-0145/2016
- Contribution: COM(2014)0164
- Debate in Council: 3415
- Committee draft report: PE557.179
- Contribution: COM(2014)0164
- Debate in Council: 3336
- Economic and Social Committee: opinion, report: CES2932/2014
- Contribution: COM(2014)0164
- Contribution: COM(2014)0164
- Debate in Council: 3319
- Contribution: COM(2014)0164
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2014)0067
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2014)0068
- Legislative proposal published: EUR-Lex
- Legislative proposal published: COM(2014)0164
- Document attached to the procedure: EUR-Lex SWD(2014)0067
- Document attached to the procedure: EUR-Lex SWD(2014)0068
- Economic and Social Committee: opinion, report: CES2932/2014
- Committee draft report: PE557.179
- Contribution: COM(2014)0164
- Contribution: COM(2014)0164
- Contribution: COM(2014)0164
- Contribution: COM(2014)0164
- Contribution: COM(2014)0164
| Amendments | Dossier |
| 306 |
2014/0094(COD)
2015/09/15
TRAN
32 amendments...
Amendment 12 #
Proposal for a regulation Recital 12 (12) It is necessary to set out rules on the transit through international areas of airports in order to combat irregular immigration. To this end a common list of third countries the nationals of which should be required to hold airport transit visas should be established. Nevertheless, when a Member State experiences a sudden and substantial influx of irregular immigrants, it should be be able to introduce temporarily the airport transit visa requirement for nationals of a given third country. The conditions and procedures for doing so should be laid down, in order to ensure that the application of this measure is limited in time and that in accordance with the principle of proportionality, it does not go beyond what is necessary in order to achieve the objective. The scope of the airport transit visa requirement should be limited to responding to the specific situation that prompted the introduction of the measure, not done by a single Member State but in agreement with the rest of the Union.
Amendment 13 #
Proposal for a regulation Recital 23 Amendment 14 #
Proposal for a regulation Recital 30 (30) The issuing of visas at the external border should, in principle, remain exceptional. However, to allow Member States to promote short term tourism, they should be authorised to issue visas at the external border based on a temporary scheme and upon notification, online pre- registration of the applicants and publication of the organisational modalities of the scheme. Such schemes should be temporary in nature and the validity of the visa issued should be limited to the territory of the issuing Member State.
Amendment 15 #
Proposal for a regulation Recital 30 (30) The issuing of visas at the external border should, in principle, remain exceptional. However, to allow Member States to promote short term tourism, they should be authorised to issue visas at the external border based on a temporary scheme and upon notification and publication of the organisational modalities of the scheme. Such schemes should be temporary in nature and the validity of the visa issued should be limited to the territory of the issuing Member State. Potential abuses and inconsistencies in application of these schemes need to be monitored closely, and if necessary, a review as to the necessity of issuing of external border visas should be undertaken.
Amendment 16 #
Proposal for a regulation Recital 39 a (new) (39a) It is of utmost importance that the European Commission develops a uniform website enabling applicants to lodge their application for a visa on line, with the view to facilitating applicants and attracting more visitors to the Schengen area.
Amendment 17 #
Proposal for a regulation Recital 43 Amendment 18 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. ‘VIS registered regular traveller’ means
Amendment 19 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) if the visit includes more than one destination, or if several separate visits are to be carried out within a period of two months, the Member State whose territory constitutes the main destination of the visit(s) may be determined in terms of the length of stay, counted in days, or alternatively by the main purpose for the applicant's visit, for example a business trip to one Member State; or
Amendment 20 #
Proposal for a regulation Article 5 – paragraph 2 Amendment 21 #
Proposal for a regulation Article 5 – paragraph 2 – subparagraph 1 a (new) 1a. If the competent consulates referred to in the first subparagraph are more than 500 km from the applicant’s place of residence, and the consulate of another Member State is closer, the applicant may lodge the visa application at that consulate.
Amendment 22 #
Proposal for a regulation Article 8 – paragraph 1 a (new) 1a. Applications may be lodged prior to the period laid down in paragraph 1, up to a maximum of 18 months in advance where applicants can prove they have reserved travel or a tourist package more than 9 months in advance.
Amendment 23 #
Proposal for a regulation Article 8 – paragraph 6 a (new) 6a. Without prejudice to Article 12, consulates shall allow travel documents, application forms and other supporting documentation to be sent electronically.
Amendment 24 #
Proposal for a regulation Article 10 – paragraph 2 2.
Amendment 25 #
Proposal for a regulation Article 13 – paragraph 2 2. Point
Amendment 26 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 1 Amendment 27 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 2 Amendment 28 #
Proposal for a regulation Article 14 – paragraph 3 – point e (e) participants aged
Amendment 29 #
Proposal for a regulation Article 16 – paragraph 2 2. If the consulate is not competent, it shall, with
Amendment 30 #
Proposal for a regulation Article 17 – paragraph 3 – introductory part 3. Where the competent consulate finds that the conditions referred to in paragraph 1 have not been fulfilled, the application shall be inadmissible and the consulate
Amendment 31 #
Proposal for a regulation Article 17 – paragraph 3 – point b (b) destroy the collected biometric data within the same time frame,
Amendment 32 #
Proposal for a regulation Article 20 – paragraph 1 1. Applications shall be decided on within 1
Amendment 33 #
Proposal for a regulation Article 20 – paragraph 2 2. That period may be extended up to a maximum of 20 calendar days in individual cases, notably when further scrutiny of the application is needed or due to the workload of the consulate.
Amendment 34 #
Proposal for a regulation Article 20 – paragraph 3 3. Applications of close relatives of the Union citizens referred to in Article 8(3) and of family members of Union citizens as referred to in Article 3(1) of Directive 2004/38/EC shall be decided on within 5 calendar days of the date of the lodging of an application. That period may be extended up to a maximum of 10 calendar days in individual cases, notably when further scrutiny of the application is needed or due to the workload of the consulate.
Amendment 35 #
Proposal for a regulation Article 29 – paragraph 2 2. A decision on refusal and the reasons on which it is based, as well as avenues of appeal, shall be notified to the applicant, within a maximum of 15 days, by means of the standard form set out in Annex V.
Amendment 36 #
Proposal for a regulation Article 33 – paragraph 2 a (new) 2a. Applicants shall notify the competent authorities of their upcoming application for a visa at the external border by means of an online pre-registration system.
Amendment 37 #
Proposal for a regulation Article 33 – paragraph 5 – subparagraph 1 Member States shall notify the envisaged schemes to the European Parliament, the Council and the Commission at the latest three months before the start of their implementation. The notification shall define the categories of beneficiaries, the geographical scope, the organisational modalities of the scheme
Amendment 38 #
Proposal for a regulation Article 34 – paragraph 1 – introductory part 1. A seafarer who is required to be in possession of a visa when crossing the external borders of the Member States
Amendment 39 #
Proposal for a regulation Article 34 – paragraph 1 – point a Amendment 40 #
Proposal for a regulation Article 35 – paragraph 2 2. The storage and handling of visa stickers shall be subject to adequate security measures to avoid fraud or loss. Each consulate shall keep an account of its stock of visa stickers and register how each visa sticker has been used. Digital systems shall therefore be developed to ensure transparency in the management of visa stickers.
Amendment 41 #
Proposal for a regulation Article 35 – paragraph 3 – subparagraph 1 Member States’ consulates shall keep digital archives of applications. Each individual
Amendment 42 #
Proposal for a regulation Article 36 – paragraph 1 1. Member States shall deploy appropriate staff in sufficient numbers to carry out the tasks relating to the examining of applications, in such a way as to ensure reasonable and harmonised quality of service to the public. Staff shall receive training on electronic and digital file management.
Amendment 43 #
Proposal for a regulation Article 45 – paragraph 4 4. The Commission shall establish a Schengen visa Internet website containing all relevant information relating to the application for a visa. That website shall be available in all the official languages of the European Union and accessible in all formats necessary to ensure accessibility for people with disabilities.
source: 560.595
2015/09/29
LIBE
274 amendments...
Amendment 100 #
Proposal for a regulation Recital 10 (10) It should be presumed that applicants who are registered in VIS and have obtained and lawfully used two visas within the 12 months prior to the application fulfil the entry conditions
Amendment 101 #
Proposal for a regulation Recital 10 (10) It should be presumed that applicants who are registered in VIS and have obtained and lawfully used two visas within the
Amendment 102 #
Proposal for a regulation Recital 10 (10) It should be presumed that applicants who are registered in VIS and have obtained and lawfully used two visas within the 1
Amendment 103 #
Proposal for a regulation Recital 12 (12) It is necessary to set out rules on the transit through international areas of airports
Amendment 104 #
Proposal for a regulation Recital 12 (12) It is necessary to set out rules on the transit through international areas of airports in order to combat irregular immigration and address any serious threats to public policy or internal security. To this end a common list of third countries the nationals of which should be required to hold airport transit visas should be established. Nevertheless, when a Member State experiences a sudden and substantial influx of irregular immigrants or a serious threat to public policy or internal security, it should be
Amendment 105 #
Proposal for a regulation Recital 12 (12) It is necessary to set out rules on the transit through international areas of airports in order to combat irregular immigration. To this end a common list of third countries the nationals of which should be required to hold airport transit visas should be established
Amendment 106 #
Proposal for a regulation Recital 14 (14)
Amendment 107 #
Proposal for a regulation Recital 15 Amendment 108 #
Proposal for a regulation Recital 17 (17) Because of the registration of biometric identifiers in the Visa Information System (VIS) as established by Regulation (EC) No 767/2008 of the European Parliament and of the Council13, the appearance of the applicant in person - at least for the first application - should be one of the basic requirements for the
Amendment 109 #
Proposal for a regulation Recital 18 (18) In order to facilitate the visa application procedure of any subsequent application, it should be possible to copy fingerprints from the first entry into the VIS within a period of 59 months and to carry out further checks or collect the fingerprints again if any doubts arise. Once this period of time has elapsed, the fingerprints
Amendment 110 #
Proposal for a regulation Recital 23 Amendment 111 #
Proposal for a regulation Recital 23 Amendment 112 #
Proposal for a regulation Recital 23 (23) (a) Applicants should not be required to present travel medical insurance when lodging an application for a short stay visa because it is a
Amendment 113 #
Proposal for a regulation Recital 23 (23) Applicants should not be required to present travel medical insurance when lodging an application for a short stay visa because it is a
Amendment 114 #
Proposal for a regulation Recital 23 (23) Applicants should
Amendment 115 #
Proposal for a regulation Recital 23 (23)
Amendment 116 #
Proposal for a regulation Recital 24 (24) Professional, cultural and sports associations known to the consulate for their reliability and integrity, as well as accredited commercial intermediaries should be allowed to lodge applications on behalf of visa applicants.
Amendment 117 #
Proposal for a regulation Recital 24 (24) Professional, cultural and sports associations which are of recognised integrity and reliability, as well as accredited commercial intermediaries should be allowed to lodge applications on behalf of visa applicants.
Amendment 118 #
Proposal for a regulation Recital 26 (26) Multiple entry visas with a long validity should be issued according to objectively determined criteria. The validity of a multiple entry visa
Amendment 119 #
Proposal for a regulation Recital 26 (26) Multiple entry visas with a long validity should be issued according to objectively determined criteria. The validity of a multiple entry visa c
Amendment 120 #
Proposal for a regulation Recital 27 (27) The application form should take account of the roll out of the VIS. Member States should to the extent possible allow for visa application forms to be completed and submitted electronically and should accept facsimile or copies of supporting documents.
Amendment 121 #
Proposal for a regulation Recital 30 Amendment 122 #
Proposal for a regulation Recital 30 (30) The issuing of visas at the external border should
Amendment 123 #
Proposal for a regulation Recital 30 (30) The issuing of visas at the external border should
Amendment 124 #
Proposal for a regulation Recital 30 (30)
Amendment 125 #
Proposal for a regulation Recital 31 (31) Arrangements for the reception of applicants should be made with due respect for human dignity. Processing of visa applications should be conducted without discrimination, in a professional and respectful manner and should not go beyond what is necessary in order to achieve the objectives pursued.
Amendment 126 #
Proposal for a regulation Recital 32 a (new) (32a) Should a visa be refused, Member States should ensure that applicants receive a full and analytical explanation of the reasons why the consulate rejected the application.
Amendment 127 #
Proposal for a regulation Recital 32 b (new) (32b) Should a visa be refused, Member States should ensure that applicants have the option of appealing against that decision. Appeal procedures should be effective, easily accessible, economical and, where the appeal is well-founded, liable to lead to the immediate issuing of the visa and compensation for any damages the applicant might have suffered.
Amendment 128 #
Proposal for a regulation Recital 34 (34) Member States should be present or represented for visa purposes in all third countries whose nationals are subject to visa requirements.
Amendment 129 #
Proposal for a regulation Recital 36 (36) It is necessary to make provision for situations in which a Member State decides to cooperate with an external service provider for the collection of applications. Such
Amendment 130 #
Proposal for a regulation Recital 39 (39) The general public should be given all relevant information in relation to the application for and the use of a visa and the visibility and uniform image of the common visa policy should be improved. To this end a common Schengen visa Internet site should be established and a common template for
Amendment 131 #
Proposal for a regulation Recital 41 (41)
Amendment 132 #
Proposal for a regulation Recital 44 Amendment 133 #
Proposal for a regulation Recital 48 (48) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Regulation seeks to ensure full respect for private and family life referred to in Article 7, compliance with the principle of non-discrimination referred to in Article 21, the protection of personal data referred to in Article 8 and the rights of the child referred to in Article 24 of the Charter of Fundamental Rights of the European Union
Amendment 134 #
Proposal for a regulation 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 135 #
Proposal for a regulation Article 1 – paragraph 2 – point a (a) the rights of free movement enjoyed by third-country nationals who are family members of citizens of the Union, as well as non-citizens (aliens) of Latvia and Estonia;
Amendment 136 #
Proposal for a regulation Article 1 – paragraph 2 – point b (b) the equivalent rights enjoyed by third- country nationals and their family members, who, under agreements between the Union and its Member States, on the one hand, and these third countries, on the other, enjoy rights of free movement equivalent to those of Union citizens and non-citizens (aliens) of Latvia and Estonia and members of their families.
Amendment 137 #
Proposal for a regulation Article 2 – paragraph 1 – point 4 a (new) 4a. ‘humanitarian grounds’ means all the conditions which give rise to international protection within the meaning of Directive 2011/95/EU.
Amendment 138 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 6.
Amendment 139 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 Amendment 140 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. 'close relatives' means the spouse, children, parents, siblings, persons exercising parental authority, grandparents and grandchildren;
Amendment 141 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 7. 'close relatives' means the spouse, children, parents
Amendment 142 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 8. 'VIS registered visa applicant' means an applicant whose data are registered in the Visa Information System;
Amendment 143 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. 'VIS registered regular traveller' means a visa applicant who is registered in the Visa Information System and who has obtained two visas within the
Amendment 144 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. 'VIS registered regular traveller' means a visa applicant who
Amendment 145 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. 'VIS registered regular traveller' means a visa applicant who is registered in the Visa Information System and who has obtained
Amendment 146 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. 'VIS registered regular traveller' means a visa applicant who: - is registered in the Visa Information System and
Amendment 147 #
Proposal for a regulation Article 2 – paragraph 1 – point 9 9. 'VIS registered regular traveller' means a visa applicant who is a national of a third country listed in Annex XY, who is registered in the Visa Information System and who has obtained
Amendment 148 #
Proposal for a regulation Article 2 – paragraph 1 – point 12 12. 'valid travel document' means a travel document that is not false, counterfeit or forged, which has not been either stolen or improperly obtained, and the period of validity of which as defined by the issuing authority has not expired;
Amendment 149 #
Proposal for a regulation Title 2 Amendment 150 #
Proposal for a regulation Article 3 – paragraph 2 – subparagraph 1 Amendment 151 #
Proposal for a regulation Article 3 – paragraph 3 3. Where there is a sudden and substantial influx of
Amendment 152 #
Proposal for a regulation Article 3 – paragraph 3 3. Where there is a sudden and substantial influx of irregular immigrants or a serious threat to public policy or internal security, a Member State may require nationals of third countries other than those referred to in paragraph 1 to hold an airport transit visa when passing through the international transit areas of airports situated on its territory. The duration of such a measure shall not exceed 12 months. The scope and duration of the airport transit visa requirement shall not exceed what is
Amendment 153 #
Proposal for a regulation Article 3 – paragraph 3 3. Where there is a sudden and substantial influx of irregular immigrants or where it is appropriate to do so on grounds of public policy or internal security, a Member State may require nationals of third countries other than those referred to in paragraph 1 to hold an airport transit visa when passing through the international transit areas of airports situated on its territory. The duration of such a measure shall not exceed 12 months. The scope and duration of the airport transit visa requirement shall not exceed what is strictly necessary to respond to the sudden and substantial influx of irregular immigrants.
Amendment 154 #
Proposal for a regulation Article 3 – paragraph 4 – point a (a) the reason for the planned airport transit visa requirement, substantiating the sudden and substantial influx of irregular immigrants or the serious threat to public policy or internal security;
Amendment 155 #
Proposal for a regulation Article 3 – paragraph 4 – point a (a) the reason for the planned airport transit visa requirement,
Amendment 156 #
Proposal for a regulation Article 3 – paragraph 5 Amendment 157 #
Proposal for a regulation Article 3 – paragraph 6 6. The Member State may prolong the application of the airport transit visa requirement only once where the lifting of the requirement would lead to a substantial influx of irregular immigrants. Paragraph 3 shall apply to such prolongation.
Amendment 158 #
Proposal for a regulation Article 3 – paragraph 6 6. The Member State may prolong the application of the airport transit visa requirement
Amendment 159 #
Proposal for a regulation Article 3 – paragraph 6 6. The Member State may prolong the application of the airport transit visa requirement
Amendment 160 #
Proposal for a regulation Article 3 – paragraph 6 a (new) 6a. Where the Member State plans to prolong the application of the airport transit visa requirement, it shall notify the European Commission accordingly as soon as possible, supplying the following information: (a) the reason for the planned prolongation of the airport transit visa requirement, showing that a suspension of the obligation would lead to a sudden and substantial influx of irregular immigrants or a serious threat to public policy or internal security; (b) the scope and duration of the planned prolongation of the airport transit visa requirement.
Amendment 161 #
Proposal for a regulation Article 3 – paragraph 6 b (new) 6b. Following the notification by the Member State concerned in accordance with paragraphs 4 and 5, the Commission may issue an opinion.
Amendment 162 #
Proposal for a regulation Article 3 – paragraph 8 – point d Amendment 163 #
Proposal for a regulation Article 3 – paragraph 8 – point f a (new) (fa) persons in need of international protection;
Amendment 164 #
Proposal for a regulation Article 4 – paragraph 2 2. By way of derogation from paragraph 1, applications may be examined and decided on at the external borders of the Member States by the authorities responsible for checks on persons, in accordance with Articles 32
Amendment 165 #
Proposal for a regulation Article 5 – paragraph 1 1.
Amendment 166 #
Proposal for a regulation Article 5 – paragraph 1 – point b (b) if the visit includes more than one destination, or if several separate visits are to be carried out within a period of two months, the Member State whose territory constitutes the main destination or purpose of the visit(s) in terms of the length of stay, counted in days; or
Amendment 167 #
Proposal for a regulation Article 5 – paragraph 1 – point c Amendment 168 #
Proposal for a regulation Article 5 – paragraph 1 – point c a (new) (ca) if a responsible Member State cannot be identified, the Member States where the applicant first resides during their stay should be responsible for the processing of the visa application.
Amendment 169 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. If the Member State concerned pursuant to paragraph 1 has, in accordance with Article 39, concluded a representation agreement with another Member State for the purpose of considering applications and issuing visas on its behalf, the applicant must submit his application to the consulate of the Member State acting as a representative;
Amendment 170 #
Proposal for a regulation Article 6 – paragraph 2 a (new) 2a. When the conditions referred to in paragraphs 1 and 2 are not fulfilled, a consulate shall decide to consider an application or to take a decision on it where it considers it necessary to do so for humanitarian reasons or on grounds of the national interest; the consulate shall consider an application or decide on it in order to comply with the international obligations incumbent on it, particularly under the 1951 Convention relating to the Status of Refugees (1951 Geneva Convention) or other relevant European or international instruments;
Amendment 171 #
Proposal for a regulation Article 7 – paragraph 2 2. Third-country nationals who have lost their travel document, or from whom this document has been stolen, while staying in the territory of a Member State, may, on the strength of a declaration of theft or loss issued by the competent authority of that Member State, leave that territory on the basis of a valid travel document entitling them to cross the border issued by a consulate of their country of nationality without any visa or other authorisation.
Amendment 172 #
Proposal for a regulation Article 7 – paragraph 2 2. Third-country nationals who have lost their travel document, or from whom this document has been stolen, while staying in the territory of a Member State, may leave that territory on the basis of a valid travel document entitling them to cross the border issued by a consulate of their country of nationality and on production of the notification of theft or loss without any visa or other authorisation.
Amendment 173 #
Proposal for a regulation Article 7 – paragraph 3 3. Where the third-country national, referred to in paragraph 2, intends to continue travelling in the Schengen area, the authorities in the Member State where he declares the loss or theft of his travel document, shall issue a visa with a duration of validity and period of allowed stay identical to the original visa on the basis of the data registered in the VIS and on production of the notification of theft or loss.
Amendment 174 #
Proposal for a regulation Article 8 – paragraph 1 1. Applications may be lodged
Amendment 175 #
Proposal for a regulation Article 8 – paragraph 1 1. Applications may be lodged
Amendment 176 #
Proposal for a regulation Article 8 – paragraph 1 1. Applications may be lodged six months before and no later than 15 calendar days before the start of the intended visit, with the proviso that, in justified individual cases, the consulate may waive the latter time limit.
Amendment 177 #
Proposal for a regulation Article 8 – paragraph 3 Amendment 178 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. The consulate shall allow to lodge the application either without prior appointment or with an immediate
Amendment 179 #
Proposal for a regulation Article 8 – paragraph 3 – introductory part 3. The consulate shall allow to lodge the application either without prior appointment or with an
Amendment 180 #
Proposal for a regulation Article 8 – paragraph 3 – point a (a) intend to visit their Union citizen or non-citizen (alien) of Latvia and Estonia close relatives residing in the Member State of their nationality;
Amendment 181 #
Proposal for a regulation Article 8 – paragraph 3 – point b (b) intend to travel, together with their Union citizen or non-citizen (alien) of Latvia and Estonia close relatives residing in a third country, to the Member State of which the Union citizen or non-citizen (alien) of Latvia and Estonia has the nationality.
Amendment 182 #
Proposal for a regulation Article 8 – paragraph 4 Amendment 183 #
Proposal for a regulation Article 8 – paragraph 4 4. The consulate shall, in so far as possible, allow to lodge the application either without prior appointment or with an
Amendment 184 #
Proposal for a regulation Article 8 – paragraph 5 5. In
Amendment 185 #
Proposal for a regulation Article 8 – paragraph 5 5. In justified cases of urgency, the consulate
Amendment 186 #
Proposal for a regulation Article 8 – paragraph 6 – point c (c) a professional, cultural, sports or educational association or institution known to the consulate for its reliability and integrity.
Amendment 187 #
Proposal for a regulation Article 8 – paragraph 6 – point c (c) an educational institution which is of recognised integrity and reliability or a similarly recognised professional, cultural
Amendment 188 #
Proposal for a regulation Article 8 – paragraph 7 7. An applicant shall not be required to appear in person at more than one location in order to lodge a
Amendment 189 #
Proposal for a regulation Article 8 – paragraph 7 7.
Amendment 190 #
Proposal for a regulation Article 8 – paragraph 7 – point a (new) (a) without prejudice to Articles 18(3), 18 (10) and 43(3) applicants shall only be required to appear in person for the collection of finger prints, in accordance with Article 12 (2) and (3);
Amendment 191 #
Proposal for a regulation Article 8 – paragraph 7 – point b (new) Amendment 192 #
Proposal for a regulation Article 9 – title Amendment 193 #
Proposal for a regulation Article 9 – paragraph 1 Amendment 194 #
Proposal for a regulation Article 9 – paragraph 2 Amendment 195 #
Proposal for a regulation Article 9 – paragraph 2 2. VIS registered applicants shall not be required to appear in person when lodging an application, where their
Amendment 196 #
Proposal for a regulation Article 9 – paragraph 2 2. If possible, VIS registered applicants shall not be required to appear in person when lodging an application, where their fingerprints have been entered into the VIS less than 59
Amendment 197 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2a. Consulates may waive the requirement referred to in paragraph 1 when the applicant is known to their visa service.
Amendment 198 #
Proposal for a regulation Article 9 – paragraph 3 – point f a (new) (fa) where appropriate, evidence that the applicant has valid travel medical insurance as referred to in Article 15.
Amendment 199 #
Proposal for a regulation Article 9 – paragraph 3 – point f a (new) (fa) demonstrate that he is in possession of an appropriate and valid travel medical insurance policy pursuant to Article 13a.
Amendment 200 #
Proposal for a regulation Article 10 – paragraph 1 1. Each applicant shall submit an application form, as set out in Annex I, completed manually or electronically
Amendment 201 #
Proposal for a regulation Article 10 – paragraph 4 – point b (b)
Amendment 202 #
Proposal for a regulation Article 10 – paragraph 5 Amendment 203 #
Proposal for a regulation Article 12 – paragraph 1 1. Member States shall collect biometric identifiers of the applicant comprising a photograph of him
Amendment 204 #
Proposal for a regulation Article 12 – paragraph 2 – indent 2 Amendment 205 #
Proposal for a regulation Article 12 – paragraph 4 – subparagraph 2 The technical requirements for the photograph shall be in accordance with the international standards as set out in the International Civil Aviation Organization (ICAO) document 9303
Amendment 206 #
Proposal for a regulation Article 12 – paragraph 7 – point d a (new) (da) participants aged 30 years or less participating in seminars, conferences, sports, cultural or educational events organised by non-profit organisations.
Amendment 207 #
Proposal for a regulation Article 13 – paragraph 1 – point b a (new) (ba) documents providing proof of medical insurance;
Amendment 208 #
Proposal for a regulation Article 13 – paragraph 1 – point d Amendment 209 #
Proposal for a regulation Article 13 – paragraph 1 – point d Amendment 210 #
Proposal for a regulation Article 13 – paragraph 1 – point d (d) information
Amendment 211 #
Proposal for a regulation Article 13 – paragraph 2 2. Points (b), (c) and (d) of paragraph 1 do not apply to applicants who are VIS registered regular travellers and who have lawfully used
Amendment 212 #
Proposal for a regulation Article 13 – paragraph 2 2. Points (b), (c) and (d) of paragraph 1 do not, in principle, apply to applicants who are VIS registered regular travellers
Amendment 213 #
Proposal for a regulation Article 13 – paragraph 2 2. Point
Amendment 214 #
Proposal for a regulation Article 13 – paragraph 2 2. Points (b), (c) and (d) of paragraph 1 do
Amendment 215 #
Proposal for a regulation Article 13 – paragraph 3 Amendment 216 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 1 Amendment 217 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 1 Close relatives of Union citizens and non- citizens (aliens) of Latvia and Estonia referred to in Article 8(3) shall provide only documentary evidence proving the family relationship with the Union citizen or non-citizen (alien) of Latvia and Estonia, and that they visit or travel together with the Union citizen or non- citizen (alien) of Latvia and Estonia.
Amendment 218 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 1 Close relatives of Union citizens referred to in Article 8(3) shall provide
Amendment 219 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 2 Family members of Union citizens as referred to in Article 3 of Directive 2004/38/EC shall provide
Amendment 220 #
Proposal for a regulation Article 13 – paragraph 3 – subparagraph 2 Family members of Union citizens as referred to in Article 3 of Directive 2004/38/EC shall provide
Amendment 221 #
Proposal for a regulation Article 13 – paragraph 4 4. The list of supporting documents which may be requested from the applicant in order to verify the fulfilment of the conditions listed in paragraph 1 is set out in Annex II. In accordance with Article 18(10), that list does not preclude the possibility of requiring further documents to be supplied in order to check that the entry conditions laid down in Article 5(1)(a), (c), (d) and (e) of Regulation (EC) No 562/2006 are fulfilled and that the risk assessment referred to in Article 18(1) is satisfactory.
Amendment 222 #
Proposal for a regulation Article 13 – paragraph 4 4.
Amendment 223 #
Proposal for a regulation Article 13 – paragraph 5 Amendment 224 #
Proposal for a regulation Article 13 – paragraph 6 6. The consulate shall start processing the visa application on the basis of facsimile
Amendment 225 #
Proposal for a regulation Article 13 – paragraph 6 6. The consulate shall start processing the visa application on the basis of facsimile or copies of the supporting documents. Applicants who are not yet registered in the VIS shall provide the original. The consulate may ask for original documents from
Amendment 226 #
Proposal for a regulation Article 13 – paragraph 6 6. The consulate shall start processing the visa application on the basis of facsimile or copies of the supporting documents. Applicants who are not yet registered in the VIS shall provide the original. The consulate may ask for original documents from applicants who are VIS registered applicants or VIS registered regular travellers,
Amendment 227 #
Proposal for a regulation Article 13 – paragraph 7 – subparagraph 1 – introductory part Amendment 228 #
Proposal for a regulation Article 13 – paragraph 7 – subparagraph 2 Amendment 229 #
Proposal for a regulation Article 13 – paragraph 8 – point b Amendment 230 #
Proposal for a regulation Article 13 – paragraph 10 Amendment 231 #
Proposal for a regulation Article 13 a (new) Article 13a Travel medical insurance 1. Applicants for a uniform visa for one or more entries shall prove that they are in possession of adequate and valid travel medical insurance to cover any expenses which might arise in connection with repatriation for medical reasons or in the event of death, urgent medical attention and/or emergency hospital treatment, during their stay(s) on the territory of the Member States. 2. Applicants for a uniform visa for more than two entries (‘multiple entries’) shall prove that they are in possession of adequate and valid travel medical insurance covering the period of their first intended visit. In addition, such applicants shall sign the statement, set out in the application form, declaring that they are aware of the need to be in possession of travel medical insurance for subsequent stays. 3. The insurance shall be valid throughout the territory of the Member States and cover the entire period of the person’s intended stay or transit. The minimum coverage shall be EUR 30 000. When a visa with limited territorial validity covering the territory of more than one Member State is issued, the insurance cover shall be valid at least in the Member States concerned. 4. Applicants shall, in principle, take out the insurance in their country of residence. Where this is not possible, they shall seek to obtain insurance in any other country. When another person takes out insurance in the name of the applicant, the conditions set out in paragraph 3 shall apply. 5. When assessing whether the insurance cover is adequate, consulates shall ascertain whether claims against the insurance company would be recoverable in a Member State. 6. The insurance requirement may be considered to have been met where it is established that an adequate level of insurance may be presumed in the light of the applicant’s professional situation. The exemption from presenting proof of travel medical insurance may concern particular professional groups, such as seafarers, who are already covered by travel medical insurance as a result of their professional activities. 7. Holders of diplomatic passports shall be exempt from the requirement to hold travel medical insurance.
Amendment 232 #
Proposal for a regulation Article 14 – paragraph 1 1. Applicants shall pay a visa fee of EUR
Amendment 233 #
Proposal for a regulation Article 14 – paragraph 1 1.
Amendment 234 #
Proposal for a regulation Article 14 – paragraph 1 1. Applicants shall pay a visa fee of EUR
Amendment 235 #
Proposal for a regulation Article 14 – paragraph 1 a (new) Amendment 236 #
Proposal for a regulation Article 14 – paragraph 3 – introductory part 3.
Amendment 237 #
Proposal for a regulation Article 14 – paragraph 3 – point a (a) minors under the age of
Amendment 238 #
Proposal for a regulation Article 14 – paragraph 3 – point d (d) where appropriate, holders of diplomatic and service passports;
Amendment 239 #
Proposal for a regulation Article 14 – paragraph 3 – point e (e)
Amendment 240 #
Proposal for a regulation Article 14 – paragraph 3 – point e (e) participants aged
Amendment 241 #
Proposal for a regulation Article 14 – paragraph 3 – point e (e)
Amendment 242 #
Proposal for a regulation Article 14 – paragraph 3 – point f Amendment 243 #
Proposal for a regulation Article 14 – paragraph 3 – point f (f) close relatives of the Union citizens and non-citizens (aliens) of Latvia and Estonia referred to in Article 8(3);
Amendment 244 #
Proposal for a regulation Article 14 – paragraph 3 – point g Amendment 245 #
Proposal for a regulation Article 14 – paragraph 3 – point g a (new) (ga) persons with an average income that is lower than the poverty threshold in their country of origin.
Amendment 246 #
Proposal for a regulation Article 14 – paragraph 3 – point g a (new) (ga) recipients of a visa with limited territorial validity issued on humanitarian grounds or under an EU resettlement and relocation programme pursuant to Article 22.
Amendment 247 #
Proposal for a regulation Article 14 – paragraph 3 – point g a (new) (ga) persons seeking international protection.
Amendment 248 #
Proposal for a regulation Article 14 – paragraph 4 4. Member States may, in individual cases, waive or reduce the amount of the visa fee to be charged when this serves to promote cultural or sporting interests as well as interests in the field of foreign policy, development policy and other areas of vital public interest
Amendment 249 #
Proposal for a regulation Article 14 – paragraph 5 – subparagraph 1 The visa fee shall be charged in euro, in the national currency of the third country or in the currency usually used in the third country where the application is lodged, and shall
Amendment 250 #
Proposal for a regulation Article 15 – paragraph 3 a (new) 3a. The applicant shall be given a receipt for the service fee paid.
Amendment 251 #
Proposal for a regulation Article 16 – paragraph 2 2. If the consulate is not competent, it shall, with
Amendment 252 #
Proposal for a regulation Article 17 – paragraph 1 – point b (b) the application contains the items
Amendment 253 #
Proposal for a regulation Article 17 – paragraph 1 – point b (b) the application contains the items referred to in Article 9(3)(a) to (c) and (fa),
Amendment 254 #
Proposal for a regulation Article 17 – paragraph 3 – introductory part 3. Where the competent consulate finds that the conditions referred to in paragraph 1 have not been fulfilled, it shall notify the applicant, indicate the deficiencies and allow the applicant to correct them. If the deficiencies are not corrected, the application shall be inadmissible and the consulate without delay shall:
Amendment 255 #
Proposal for a regulation Article 17 – paragraph 3 – point b Amendment 256 #
Proposal for a regulation Article 17 – paragraph 4 4. By way of derogation, an application that does not meet the requirements set out in paragraph 1
Amendment 257 #
Proposal for a regulation Article 17 – paragraph 4 4. By way of derogation, an application that does not meet the requirements set out in paragraph 1 may be considered admissible on humanitarian grounds
Amendment 258 #
Proposal for a regulation Article 17 – paragraph 4 4. By way of derogation, an application that does not meet the requirements set out in paragraph 1
Amendment 259 #
Proposal for a regulation Article 18 – paragraph 1 1. In the examination of an application for a uniform visa, it shall be ascertained whether the applicant fulfils the entry conditions set out in Article 5(1)(a), (c), (d) and (e) of Regulation (EC) No 562/2006
Amendment 260 #
Proposal for a regulation Article 18 – paragraph 1 1. In the examination of an application for a uniform visa, it shall be ascertained whether the applicant fulfils the entry conditions set out in Article 5(1)(a), (c), (d) and (e) of Regulation (EC) No 562/2006
Amendment 261 #
Proposal for a regulation Article 18 – paragraph 2 2. In the examination of an application for a uniform visa lodged by a VIS registered regular traveller who has lawfully used the two previously obtained visas, it shall be presumed that the applicant fulfils the entry
Amendment 262 #
Proposal for a regulation Article 18 – paragraph 2 2. In the examination of an application for a uniform visa lodged by a VIS registered regular traveller who has lawfully used the
Amendment 263 #
Proposal for a regulation Article 18 – paragraph 2 2. In the examination of an application for a uniform visa lodged by a VIS registered regular traveller
Amendment 264 #
Proposal for a regulation Article 18 – paragraph 2 2. In the examination of an application for a uniform visa lodged by a VIS registered regular traveller who has lawfully used the
Amendment 265 #
Proposal for a regulation Article 18 – paragraph 3 3. The presumption referred to in paragraph 2 shall not apply where the consulate has reasonable doubts about the fulfilment of these entry conditions based on information stored in the VIS, such as decisions annulling a previous visa,
Amendment 266 #
Proposal for a regulation Article 18 – paragraph 3 3. The presumption referred to in paragraph 2 shall not apply where the consulate has
Amendment 267 #
Proposal for a regulation Article 18 – paragraph 5 – point a (a) that the travel document presented is not false, counterfeit or forged and that it is valid;
Amendment 268 #
Proposal for a regulation Article 18 – paragraph 8 – point a (a) that the travel document presented is not false, counterfeit or forged and that it is valid;
Amendment 269 #
Proposal for a regulation Article 18 – paragraph 10 10. During the examination of an application, consulates may
Amendment 270 #
Proposal for a regulation Article 18 – paragraph 11 a (new) 11a. Where a Member States issues a uniform visa on humanitarian grounds, for reasons of national interest or because of international obligations, the criterion of whether the applicant has sufficient means of subsistence, both for the duration of the intended stay and for the return to his country of origin or residence, shall not be taken into account.
Amendment 271 #
Proposal for a regulation Article 19 – paragraph 1 1. A Member State may require the central authorities of other Member States to consult its central authorities during the examination of applications lodged by nationals of specific third countries or specific categories of such nationals. Such consultation shall not apply to applications for airport transit visas or to visas with limited territorial validity issued under EU resettlement and relocation programmes and mechanisms, pursuant to Article 22.
Amendment 272 #
Proposal for a regulation Article 19 – paragraph 2 2. The central authorities consulted shall reply definitively within
Amendment 273 #
Proposal for a regulation Article 19 – paragraph 2 2. The central authorities consulted shall reply definitively within five
Amendment 274 #
Proposal for a regulation Article 20 – paragraph 1 1. Applications shall be decided on within 1
Amendment 275 #
Proposal for a regulation Article 20 – paragraph 1 1. Applications shall be decided on within 1
Amendment 276 #
Proposal for a regulation Article 20 – paragraph 1 1. Applications shall be decided on within 1
Amendment 277 #
Proposal for a regulation Article 20 – paragraph 1 1. Applications shall be decided on within
Amendment 278 #
Proposal for a regulation Article 20 – paragraph 1 1. Applications shall be decided on within 1
Amendment 279 #
Proposal for a regulation Article 20 – paragraph 1 1. Applications shall be decided on within 1
Amendment 280 #
Proposal for a regulation Article 20 – paragraph 1 a (new) 1a. Applications made by VIS registered travellers shall be decided upon within 10 calendar days of the date of the lodging of the application.
Amendment 281 #
Proposal for a regulation Article 20 – paragraph 1 b (new) 1b. Applications made by VIS registered regular travellers who have lawfully used the previously obtained visas in accordance with Article 2(9) and whose most recent visas have been issued less than 12 months previously shall be decided upon within 5 calendar days of the date of the lodging of the application.
Amendment 282 #
Proposal for a regulation Article 20 – paragraph 2 2. That period may be extended up to a maximum of 2
Amendment 283 #
Proposal for a regulation Article 20 – paragraph 2 2. Th
Amendment 284 #
Proposal for a regulation Article 20 – paragraph 3 3. Applications of close relatives of the Union citizens and non-citizens (aliens) of Latvia and Estonia referred to in Article 8(3) and of family members of Union citizens as referred to in Article 3(1) of Directive 2004/38/EC shall be decided on within 5 calendar days of the date of the lodging of an application. That period may be extended up to a maximum of 10 calendar days in individual cases, notably when further scrutiny of the application is needed.
Amendment 285 #
Proposal for a regulation Article 20 – paragraph 3 3. Applications of close relatives of the Union citizens referred to in Article 8(3) and of family members of Union citizens as referred to in Article 3(1) of Directive 2004/38/EC shall be decided on within
Amendment 286 #
Proposal for a regulation Article 20 – paragraph 3 3. Applications of close relatives of the Union citizens referred to in Article 8(3) and of family members of Union citizens as referred to in Article 3(1) of Directive 2004/38/EC shall be decided on within 5
Amendment 287 #
Proposal for a regulation Article 20 – paragraph 3 3. Applications of close relatives of the Union citizens referred to in Article 8(3)
Amendment 288 #
Proposal for a regulation Article 20 – paragraph 4 Amendment 289 #
Proposal for a regulation Article 20 – paragraph 4 Amendment 290 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 1 A visa may be issued for one or multiple
Amendment 291 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 1 A visa may be issued for one or multiple entries. The period of validity of a multiple entry visa shall not exceed five years. The period of validity of a multiple entry visa may not under any circumstances extend beyond the period of validity of the passport to which the visa is affixed.
Amendment 292 #
Proposal for a regulation Article 21 – paragraph 2 – subparagraph 1 A visa may be issued for one or multiple entries. The period of validity of a multiple entry visa shall not exceed
Amendment 293 #
Proposal for a regulation Article 21 – paragraph 3 3. VIS registered regular travellers who have lawfully used the
Amendment 294 #
Proposal for a regulation Article 21 – paragraph 3 3. VIS registered regular travellers who have lawfully used the
Amendment 295 #
Proposal for a regulation Article 21 – paragraph 3 3. VIS registered regular travellers who have lawfully used the
Amendment 296 #
Proposal for a regulation Article 21 – paragraph 4 4. Applicants
Amendment 297 #
Proposal for a regulation 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
Amendment 298 #
Proposal for a regulation Article 21 – paragraph 4 4. Applicants
Amendment 299 #
Proposal for a regulation Article 21 – paragraph 4 4. Applicants referred to in paragraph 3 who have lawfully used the multiple entry visa valid for three years
Amendment 300 #
Proposal for a regulation 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 and the applicant shows that he is compelled, particularly for professional reasons, to travel frequently and/or regularly or shows that he has such an intention, which is the case, for example, for businesspeople or state officials who regularly travel on official business in the European Union Member States or to the European Union Institutions.
Amendment 301 #
Proposal for a regulation 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
Amendment 302 #
Proposal for a regulation 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
Amendment 303 #
Proposal for a regulation Article 21 – paragraph 6 a (new) 6a. A uniform visa shall be issued where a Member State considers it necessary, on humanitarian grounds, for reasons of national interest or because of international obligations: (a) to derogate from the principle that the entry conditions laid down in Article 5(1)(a), (c), (d) and (e) of Regulation (EC) No 562/2006 must be fulfilled; (b) to issue a visa despite an objection by the Member State consulted in accordance with Article 19 to the issuing of a uniform visa; or (c) to issue a visa for reasons of urgency, although the prior consultation in accordance with Article 19 has not been carried out.
Amendment 304 #
Proposal for a regulation Article 22 – paragraph 1 – introductory part 1. A visa with limited territorial validity shall be issued
Amendment 305 #
Proposal for a regulation Article 22 – paragraph 1 – point a – introductory part (a) when
Amendment 306 #
Proposal for a regulation 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
Amendment 307 #
Proposal for a regulation Article 22 – paragraph 1 – point b a (new) (ba) under EU resettlement and relocation programmes and mechanisms as provided for in Article 8 of Directive 2011/55/EC and in the Regulation of the European Parliament and of the Council establishing a crisis relocation mechanism and amending Regulation (EU) No 604/2013.
Amendment 308 #
Proposal for a regulation Article 22 – paragraph 2 2. A visa with limited territorial validity shall be valid for the territory of the issuing Member State.
Amendment 309 #
Proposal for a regulation Article 22 a (new) Article 22 a European humanitarian visa 1. Persons seeking international protection may apply for a European humanitarian visa directly at any consulate or embassy of the Member States. Such a humanitarian visa shall allow the person to travel to the territory of Member State issuing the visa in order to lodge an application for international protection as defined in Article 2(a) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted. 2. When lodging the application for a European humanitarian visa the applicant shall provide the items referred to in Article 9(3) (a) to (e) and a justification for the need for international protection. This justification shall contain elements, including where possible documentary evidence, to justify the need for international protection under the terms of Directive 2011/95/EU. If any of the items referred to in Article 9(3) (a) to (e) cannot be provided the applicant shall provide reasons as to why this is not possible. Article 13 does not apply. 3. Consulates and embassies shall examine the application for a humanitarian visa and undertake an assessment of the justification provided by the applicant related to the need for international protection, if necessary in consultation with other national authorities. 4. When a consulate or an embassy considers that an applicant is in need for international protection it shall decide to issue a European humanitarian visa. 5. European humanitarian visas shall be issued as visas with limited territorial validity. Article 22 (2) - (5) shall apply. 6. The provisions of Articles 10, 11, 12, 14, 24, 25, 26, 27 and 31 shall apply. 7. Applicants who have been refused a humanitarian visa shall have the right to appeal in accordance with Article 29(3).
Amendment 310 #
Proposal for a regulation Article 22 a (new) Amendment 311 #
Proposal for a regulation Article 23 – paragraph 4 – point b (b) the integrity and reliability of the applicant, in particular the lawful use of previous uniform visas, visas with limited territorial validity or airport transit visas
Amendment 312 #
Proposal for a regulation Article 23 – paragraph 6 a (new) 6a. Member States shall issue the airport transit visas needed to implement EU resettlement mechanisms and programmes.
Amendment 313 #
Proposal for a regulation Article 24 – paragraph 2 Amendment 314 #
Proposal for a regulation Article 24 – paragraph 3 3. Member States may add national entries in the ‘comments’ section of the visa sticker, which shall neither duplicate the entries established in accordance with the procedure referred to in paragraph 2
Amendment 315 #
Proposal for a regulation Article 26 – paragraph 2 Amendment 316 #
Proposal for a regulation Article 27 Amendment 317 #
Proposal for a regulation Article 29 – paragraph 1 – point a – point i (i) presents a travel document which is false, counterfeit or forged and/or invalid;
Amendment 318 #
Proposal for a regulation Article 29 – paragraph 1 – point a – point vi (vi) is considered to be a threat to public policy, internal security or public health as defined in Article 2(19) of Regulation (EC) No 562/2006 or to the international relations of any of the Member States, in particular where an alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds; or
Amendment 319 #
Proposal for a regulation Article 29 – paragraph 1 – point a – point vi a (new) (vi a) does not provide proof of holding valid travel medical insurance;
Amendment 320 #
Proposal for a regulation Article 29 – paragraph 1 – point b Amendment 321 #
Proposal for a regulation Article 29 – paragraph 1 – point b (b) if there are
Amendment 322 #
Proposal for a regulation Article 29 – paragraph 2 2. A motivated decision on refusal and the detailed reasons on which it is based shall be notified to the applicant by means of the standard form set out in Annex V.
Amendment 323 #
Proposal for a regulation 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 324 #
Proposal for a regulation Article 29 – paragraph 2 a (new) 2a. Refusals of visa applications shall be justified in a detailed way and in writing in addition to the use of the standard form set out in Annex V. The justification shall describe, analytically, the reasons for the refusal, especially where it is due to the failure of the applicant to prove the sincerity of his intention to leave the territory of the Member States before the expiry of the visa for which he has applied.
Amendment 325 #
Proposal for a regulation 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. National appeal procedures shall be effective, easily accessible, shall not have a disproportionate cost for the applicant and, where the appeal is well-founded, shall be liable to lead to the immediate issuing of the visa and compensation for any damages suffered by the applicant as a result of the refusal to grant a visa. 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 326 #
Proposal for a regulation 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. The deadline for appeal shall be at least 30 calendar days. 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, in a language which he or she understands or is reasonably supposed to understand.
Amendment 327 #
Proposal for a regulation Article 29 – paragraph 3 3. Applicants who have been refused a visa
Amendment 328 #
Proposal for a regulation 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
Amendment 329 #
Proposal for a regulation 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 330 #
Proposal for a regulation Article 30 – paragraph 2 2. The period of validity and/or the duration of stay of an issued visa
Amendment 331 #
Proposal for a regulation 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 332 #
Proposal for a regulation Article 31 – paragraph 6 6. A motivated decision on annulment or revocation of a visa and the detailed reasons on which it is based shall be notified to the applicant by means of the standard form set out in Annex V.
Amendment 333 #
Proposal for a regulation Article 31 – paragraph 7 7. A visa holder whose visa has been annulled or revoked shall have the right to appeal, unless the visa was revoked at his request in accordance with paragraph 3. Appeals shall be conducted against the Member State that has taken the decision on the annulment or revocation and in accordance with the national law of that Member State. The deadline for appeal shall be at least 30 calendar days. 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, in a language which he or she understands or is reasonably supposed to understand.
Amendment 334 #
Proposal for a regulation Article 32 – paragraph 1 – point a a (new) (aa) on humanitarian grounds;
Amendment 335 #
Proposal for a regulation Article 33 Amendment 336 #
Proposal for a regulation Article 33 Amendment 337 #
Proposal for a regulation Article 33 – paragraph 1 1. In
Amendment 338 #
Proposal for a regulation Article 33 – paragraph 2 2. The duration of such a scheme shall be limited to 5 months in any calendar year and
Amendment 339 #
Proposal for a regulation Article 33 – paragraph 2 2. The duration of such a scheme shall be limited to
Amendment 340 #
Proposal for a regulation Article 33 – paragraph 4 Amendment 341 #
Proposal for a regulation Article 33 – paragraph 4 a (new) 4a. Member States shall make it possible for visa applicants to register on line in advance in accordance with this article.
Amendment 342 #
Proposal for a regulation Article 33 – paragraph 6 6. Three months after the end of the scheme,
Amendment 343 #
Proposal for a regulation Article 34 – paragraph 1 – point a Amendment 344 #
Proposal for a regulation Article 34 – paragraph 3 Amendment 345 #
Proposal for a regulation Article 37 – paragraph 2 2. Consular staff shall, in the performance of their duties, fully respect
Amendment 346 #
Proposal for a regulation Article 37 – paragraph 3 3. While performing their tasks, consular staff shall not discriminate against persons on grounds of
Amendment 347 #
Proposal for a regulation Article 39 – paragraph 1 a (new) 1a. The consulate of the representing Member State shall, when contemplating refusing a visa, submit the application to the relevant authorities of the represented Member State in order for them to take the final decision on the application within the time limits set out in Article 20 (1), (2) or (3).
Amendment 348 #
Proposal for a regulation Article 39 – paragraph 3 – introductory part 3. A bilateral arrangement, the text of which shall be made publicly available, shall be established between the representing Member State and the represented Member State. That arrangement:
Amendment 349 #
Proposal for a regulation Article 45 – paragraph 1 – point a a (new) (aa) the amount of the visa fee, applicable waivers and reductions;
Amendment 350 #
Proposal for a regulation Article 45 – paragraph 1 – point a b (new) (ab) the use of a visa, expiry, termination and revocation of a visa;
Amendment 351 #
Proposal for a regulation Article 45 – paragraph 1 – point d (d) details of cooperation with external service providers and accredited commercial intermediaries;
Amendment 352 #
Proposal for a regulation Article 45 – paragraph 4 4. The Commission shall establish a Schengen visa Internet website containing all relevant information relating to the application for a visa. The website shall be multilingual and be available at least in English, French, Spanish, Arabic, Russian and Chinese with a gradual expansion of other language versions. The website shall provide for a possibility to monitor the progress of the visa application.
Amendment 353 #
Proposal for a regulation Article 46 – paragraph 3 – point b – point iv (iv) irregular immigration routes, including the corresponding statistics on cases of irregular border crossing and respective countermeasures applied;
Amendment 354 #
Proposal for a regulation Article 46 – paragraph 3 – point c a (new) (ca) information on insurance companies providing adequate travel medical insurance, including verification of the type of coverage and the possible excess amount.
Amendment 355 #
Proposal for a regulation Article 49 – paragraph 1 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall
Amendment 356 #
Proposal for a regulation Annex I – paragraph 4 4. Family members of EU citizens and non-citizens (aliens) of Latvia and Estonia shall not fill in fields no.19, 20, 31, 32.
Amendment 357 #
Proposal for a regulation Annex II – part B Amendment 84 #
Proposal for a regulation Recital 2 (2)
Amendment 85 #
Proposal for a regulation Recital 3 (3) The Union Code on Visas (Visa Code; Regulation (EC) No 810/2009
Amendment 86 #
Proposal for a regulation Recital 3 (3) Regulation (EC) No 810/2009 aims, inter alia, to further develop the common visa policy as part of a multi-layer system in order to facilitate legitimate travel
Amendment 87 #
Proposal for a regulation Recital 3 a (new) (3a) Regulation (EC) No 810/2009 clarified and simplified the legal framework and greatly modernised and standardised visa procedures. However, as part of the further development of the acquis towards a truly common visa policy procedures and conditions for issuing visas should be further harmonised and their uniform application be reinforced.
Amendment 88 #
Proposal for a regulation Recital 4 (4)
Amendment 89 #
Proposal for a regulation Recital 4 (4) It should also ensure that under certain conditions multiple-entry visas are issued in order to lessen the administrative burden of Member States’ consulates and to facilitate smooth travel for frequent or regular travellers. Applicants known to the consulate for their integrity and reliability should as far as possible benefit from a simplified procedure.
Amendment 90 #
Proposal for a regulation Recital 5 Amendment 91 #
Proposal for a regulation Recital 6 Amendment 92 #
Proposal for a regulation Recital 6 (6) A
Amendment 93 #
Proposal for a regulation Recital 6 a (new) (6a) This Regulation should require Member States to issue transit visas and visas with limited territorial validity to beneficiaries of EU resettlement and relocation programmes and mechanisms as provided for in Article 8 of Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and the Regulation of the European Parliament and of the Council establishing a crisis relocation mechanism and amending Regulation (EU) No 604/2013.
Amendment 94 #
Proposal for a regulation 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) (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 96 #
Proposal for a regulation Recital 7 (7) To ease mobility and to facilitate family visits for third-country nationals who are
Amendment 97 #
Proposal for a regulation Recital 9 (9) A distinction should be made between new first time applicants and persons who have been previously granted visas and who are registered in the Visa Information System (VIS), in order to simplify the procedure for registered
Amendment 98 #
Proposal for a regulation Recital 9 (9)
Amendment 99 #
Proposal for a regulation Recital 10 source: 567.808
|
History
(these mark the time of scraping, not the official date of the change)
| docs/2/docs/0/url |
Old
https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:2932)(documentyear:2014)(documentlanguage:EN)New
https://dmsearch.eesc.europa.eu/search/public?k=(documenttype:AC)(documentnumber:2932)(documentyear:2014)(documentlanguage:EN) |
| docs/3/docs/0/url |
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE557.179New
https://www.europarl.europa.eu/doceo/document/LIBE-PR-557179_EN.html |
| events/2/type |
Old
Committee referral announced in Parliament, 1st reading/single readingNew
Committee referral announced in Parliament, 1st reading |
| events/5/type |
Old
Vote in committee, 1st reading/single readingNew
Vote in committee, 1st reading |
| events/7 |
|
| events/7 |
|
| procedure/Modified legal basis |
Rules of Procedure EP 159
|
| procedure/Other legal basis |
Rules of Procedure EP 159
|
| events/7/docs/0/url |
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0145&language=ENNew
http://www.europarl.europa.eu/doceo/document/A-8-2016-0145_EN.html |
| procedure/Modified legal basis |
Old
Rules of Procedure EP 150New
Rules of Procedure EP 159 |
| activities |
|
| commission |
|
| committees |
|
| council |
|
| docs |
|
| events |
|
| other |
|
| procedure/dossier_of_the_committee |
Old
LIBE/8/00416New
|
| procedure/instrument |
Old
RegulationNew
|
| procedure/subject |
Old
New
|
| procedure/summary |
|
| activities/2/committees |
|
| activities/6/committees |
|
| activities/7/committees |
|
| activities/8 |
|
| committees/0 |
|
| committees/1 |
|
| committees/2 |
|
| committees/3 |
|
| committees/4 |
|
| procedure/stage_reached |
Old
Awaiting Parliament 1st reading / single reading / budget 1st stageNew
Procedure lapsed or withdrawn |
| activities/1/body |
Old
unknownNew
CSL |
| activities/1/council |
Justice and Home Affairs (JHA)
|
| activities/1/date |
Old
2016-03-16T00:00:00New
2014-06-05T00:00:00 |
| activities/1/docs |
|
| activities/1/meeting_id |
3319
|
| activities/1/type |
Old
Committee decision to open interinstitutional negotiations with report adopted in committeeNew
Council Meeting |
| activities/3/council |
Justice and Home Affairs (JHA)
|
| activities/3/docs |
|
| activities/3/meeting_id |
3336
|
| activities/3/type |
Old
Debate in CouncilNew
Council Meeting |
| activities/4/council |
Justice and Home Affairs (JHA)
|
| activities/4/docs |
|
| activities/4/meeting_id |
3415
|
| activities/4/type |
Old
Debate in CouncilNew
Council Meeting |
| activities/5/body |
Old
CSLNew
unknown |
| activities/5/date |
Old
2014-06-05T00:00:00New
2016-03-16T00:00:00 |
| activities/5/type |
Old
Debate in CouncilNew
Committee decision to open interinstitutional negotiations with report adopted in committee |
| other/0 |
|
| procedure/Modified legal basis |
Old
Rules of Procedure of the European Parliament EP 150New
Rules of Procedure EP 150 |
| activities/1/council |
Justice and Home Affairs (JHA)
|
| activities/1/docs |
|
| activities/1/meeting_id |
3319
|
| activities/1/type |
Old
Council MeetingNew
Debate in Council |
| activities/3/council |
Justice and Home Affairs (JHA)
|
| activities/3/docs |
|
| activities/3/meeting_id |
3336
|
| activities/3/type |
Old
Council MeetingNew
Debate in Council |
| activities/4/council |
Justice and Home Affairs (JHA)
|
| activities/4/docs |
|
| activities/4/meeting_id |
3415
|
| activities/4/type |
Old
Council MeetingNew
Debate in Council |
| other/0 |
|
| activities/5 |
|
| activities/0/commission/0/DG/url |
Old
http://ec.europa.eu/dgs/home-affairs/New
http://ec.europa.eu/info/departments/migration-and-home-affairs_en |
| other/1/dg/url |
Old
http://ec.europa.eu/dgs/home-affairs/New
http://ec.europa.eu/info/departments/migration-and-home-affairs_en |
| activities/2/committees/2/date |
2014-09-03T00:00:00
|
| activities/2/committees/2/rapporteur |
|
| activities/5/committees/2/date |
2014-09-03T00:00:00
|
| activities/5/committees/2/rapporteur |
|
| activities/6/committees/2/date |
2014-09-03T00:00:00
|
| activities/6/committees/2/rapporteur |
|
| committees/2/date |
2014-09-03T00:00:00
|
| committees/2/rapporteur |
|
| activities/6/docs/0/text |
|
| activities/6/docs |
|
| activities/6 |
|
| procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
| activities/5 |
|
| procedure/Modified legal basis |
Rules of Procedure of the European Parliament EP 150
|
| activities/0/docs/0/celexid |
CELEX:52014PC0164:EN
|
| activities/2/committees/2/date |
2014-09-15T00:00:00
|
| activities/2/committees/2/rapporteur |
|
| activities/4 |
|
| committees/2/date |
2014-09-15T00:00:00
|
| committees/2/rapporteur |
|
| activities/2/committees/2/shadows/4/mepref |
53b2d833b819f205b0000035
|
| activities/2/committees/2/shadows/4/name |
Old
CEBALLOS BodilNew
VALERO Bodil |
| committees/2/shadows/4/mepref |
53b2d833b819f205b0000035
|
| committees/2/shadows/4/name |
Old
CEBALLOS BodilNew
VALERO Bodil |
| activities/2/committees/2/shadows/4/mepref |
53b2d833b819f205b0000035
|
| committees/2/shadows/4/mepref |
53b2d833b819f205b0000035
|
| activities/0/docs/0/celexid |
CELEX:52014PC0164:EN
|
| activities/2/committees/2/rapporteur/0/mepref |
Old
4f1adb6ab819f207b30000c2New
4f1ac7e1b819f25efd0000b4 |
| activities/2/committees/2/rapporteur/0/name |
Old
SIPPEL BirgitNew
FAJON Tanja |
| committees/2/rapporteur/0/mepref |
Old
4f1adb6ab819f207b30000c2New
4f1ac7e1b819f25efd0000b4 |
| committees/2/rapporteur/0/name |
Old
SIPPEL BirgitNew
FAJON Tanja |
| activities/0/docs/0/celexid |
CELEX:52014PC0164:EN
|
| activities/0/docs/0/celexid |
CELEX:52014PC0164:EN
|
| activities/2/committees/2/rapporteur/0/mepref |
Old
4f1ad271b819f27595000025New
4f1adb6ab819f207b30000c2 |
| activities/2/committees/2/rapporteur/0/name |
Old
LÓPEZ AGUILAR Juan FernandoNew
SIPPEL Birgit |
| committees/2/rapporteur/0/mepref |
Old
4f1ad271b819f27595000025New
4f1adb6ab819f207b30000c2 |
| committees/2/rapporteur/0/name |
Old
LÓPEZ AGUILAR Juan FernandoNew
SIPPEL Birgit |
| links/European Commission/title |
Old
PreLexNew
EUR-Lex |
| activities/2/committees/4/date |
2015-04-23T00:00:00
|
| activities/2/committees/4/rapporteur |
|
| committees/4/date |
2015-04-23T00:00:00
|
| committees/4/rapporteur |
|
| activities/2/committees/4 |
|
| committees/4 |
|
| activities/0/docs/0/celexid |
CELEX:52014PC0164:EN
|
| activities/0/commission/0/DG/title |
Old
Home AffairsNew
Migration and Home Affairs |
| other/1/dg/title |
Old
Home AffairsNew
Migration and Home Affairs |
| activities/0/docs/0/celexid |
CELEX:52014PC0164:EN
|
| activities/2/committees/1 |
|
| committees/1 |
|
| activities/2/committees/1/shadows/0/mepref |
Old
545fc9b4d1d1c51719000000New
4f1ac497b819f25896000021 |
| committees/1/shadows/0/mepref |
Old
545fc9b4d1d1c51719000000New
4f1ac497b819f25896000021 |
| activities/2/committees/1/shadows/0/mepref |
545fc9b4d1d1c51719000000
|
| committees/1/shadows/0/mepref |
545fc9b4d1d1c51719000000
|
| activities/2/committees/1/shadows/0 |
|
| activities/2/committees/1/shadows/1 |
|
| activities/2/committees/1/shadows/2 |
|
| activities/2/committees/1/shadows/3 |
|
| activities/2/committees/1/shadows/4 |
|
| committees/1/shadows/0 |
|
| committees/1/shadows/1 |
|
| committees/1/shadows/2 |
|
| committees/1/shadows/3 |
|
| committees/1/shadows/4 |
|
| activities/2/committees/1/shadows |
|
| committees/1/shadows |
|
| activities/2/committees/1/shadows |
|
| committees/1/shadows |
|
| activities/3 |
|
| other/0 |
|
| activities/2/committees/1/date |
2014-09-15T00:00:00
|
| activities/2/committees/1/rapporteur |
|
| committees/1/date |
2014-09-15T00:00:00
|
| committees/1/rapporteur |
|
| activities/2/committees/1 |
|
| committees/1 |
|
| activities/0/docs/0/text/0 |
Old
PURPOSE: to recast and amend Regulation (EC) No 810/2009 of the European Parliament and of the Council establishing a Community Code on Visas (Visa Code). PROPOSED ACT: Regulation of the European Parliament and the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: Article 57(1) of Regulation (EC) No 810/2009 on the Visa Code requires the Commission to send the European Parliament and the Council an evaluation of its application two years after all the provisions of the Visa Code have become applicable (i.e. 5 April 2013). The evaluation may be accompanied by a proposal for an amendment of the Regulation. This is the aim of this proposed Regulation. The proposed amendments, while maintaining security at the external borders and ensuring the good functioning of the Schengen area, make travel easier for legitimate travellers and simplify the legal framework in the interest of Member States, e.g. by allowing more flexible rules on consular cooperation. The proposal intends to make the access to the Schengen area easier for legitimate travellers will facilitate visiting friends and relatives and doing business. It will boost economic activity, tourism and job creation. IMPACT ASSESSMENT: the Commission examined the proposal and concluded that there were to main problem areas: (i) the overall length and costs (direct and indirect) and the cumbersome nature of the procedures; (ii) insufficient geographical coverage in visa processing. In this regard, the issuing of multiple-entry visas (MEVs) with a long validity accompanied by certain procedural facilitations was considered the only win-win solution. LEGAL BASIS: Article 77(2)(a) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the proposed Regulation aims to facilitate the procedural rules applicable to regular travellers in order to ease mobility in the EU. It is presented as part of a package of two parallel proposals which seek to clarify and simplify the visa scheme in general. The main objectives of the legislative package include:
Reducing the deadline: it is proposed to reduce the deadline for processing and making a decision on a visa application is reduced from 15 to 10 days. The maximum deadline for lodging an application has been increased from three to six months before the intended trip, to allow travellers to plan ahead and avoid peak seasons. Furthermore, the list of supporting documents will be simplified and become exhaustive and the enhanced harmonisation of these requirements at local level will ensure equal treatment of visa applicants. The often costly obligatory travel medical insurance will be abolished. Establishing a clearer set of procedural rules and speeding up the process with the introduction of mandatory criteria for obtaining a multiple entry visa (MEV) valid for three years and subsequently for five years for 'VIS registered regular' travellers. Applicants whose data are registered in the Visa Information System (VIS) and who have previously lawfully used at least two visas within the past 12 month period will benefit from these facilitations. This change of rules is also possible thanks to the roll out of the Visa Information System (VIS), which is expected to be completed in 2015, enabling Member States' consulates to access the visa applicants' 'history'. General procedural facilitations:
Special schemes: provisions have been included to provide certain procedural facilitations for close relatives of Union citizens so as to contribute to improving their mobility, in particular by facilitating family visits. The following cases are set out:
Visas applied for at the external border under a temporary scheme: in view of promoting short term tourism, a Member State may decide to temporarily issue visas (upon notification and publication of the organisational modalities of the scheme) at the external border to persons fulfilling specific conditions. This should, in principle, remain exceptional. Exemptions in the case of international events: Member States should be free to define the exact supporting documents to be submitted by visa applicants in order to prove the fulfilment of the entry conditions required by this Regulation. Where such a harmonised list of supporting documents exists, in order to provide facilitations for visa applicants, Member States should be allowed to provide certain exemptions from that list when major international events are organised in their territory. These events should be large scale and of particular importance due to their tourism and/or cultural impact (for instance, universal exhibitions and sports championships). Enlarging consular cooperation: according to the proposal, if the Member State competent for processing the visa application is neither present nor represented in a given third country, the applicant is entitled to apply at any of the consulates present ('mandatory representation'). Flexible rules should be established to allow Member States to optimise the sharing of resources and to increase consular coverage. Cooperation among Member States ("Schengen Visa Centres"), could take any form adapted to local circumstances aiming at increasing geographical consular coverage, reducing Member States' costs, increasing the visibility of the European Union and improving the service offered to visa applicants. In this regard, representation arrangements should be streamlined and obstacles for the conclusion of such arrangements among Member States should be avoided and the representing Member State should be responsible for carrying out the entire processing of visa applications without involvement of the represented Member State. External service providers: Member States' use of external service provider is no longer to be the last resort solution. Family members of Union citizens exercising their right to free movement and close relatives of Union citizens not exercising their right to free movement as well as applicants who can justify a case of emergency should be given an immediate appointment. It is provided that Member States should annually report to the Commission on the cooperation with external service providers, including the monitoring of the service providers. Statistics: Annex VII is amended to provide for the collection of all relevant data in a sufficiently disaggregated form allow for proper assessment. Information to the public: the Commission should create a common Schengen visa internet website and develop a template for the information to be given to visa applicants. Other technical amendments include:
DELEGATED ACTS: in accordance with Article 290 of the TFEU, the power to amend non-essential elements of Regulation is delegated to the Commission in respect of the list of third countries whose nationals are required to hold an airport transit visa when passing through the international transit areas of airports situated on the territory of the Member States (Annex III) and the list of residence permits entitling the holder to transit through the airports of Member States without being required to hold an airport transit visa (Annex IV). The Commission should be empowered to adopt implementing acts establishing the list of supporting documents to be to be used in each location to take account of local circumstances, details for filling in and affixing of the visa stickers and the rules for issuing visas to seafarers at the external borders. Therefore, the previous annexes VII, VIII and IX should be deleted. New
PURPOSE: to recast and amend Regulation (EC) No 810/2009 of the European Parliament and of the Council establishing a Community Code on Visas (Visa Code). PROPOSED ACT: Regulation of the European Parliament and the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: Article 57(1) of Regulation (EC) No 810/2009 on the Visa Code requires the Commission to send the European Parliament and the Council an evaluation of its application two years after all the provisions of the Visa Code have become applicable (i.e. 5 April 2013). The evaluation may be accompanied by a proposal for an amendment of the Regulation. This is the aim of this proposed Regulation. The proposed amendments, while maintaining security at the external borders and ensuring the good functioning of the Schengen area, make travel easier for legitimate travellers and simplify the legal framework in the interest of Member States, e.g. by allowing more flexible rules on consular cooperation. The proposal intends to make the access to the Schengen area easier for legitimate travellers will facilitate visiting friends and relatives and doing business. It will boost economic activity, tourism and job creation. IMPACT ASSESSMENT: the Commission examined the proposal and concluded that there were to main problem areas: (i) the overall length and costs (direct and indirect) and the cumbersome nature of the procedures; (ii) insufficient geographical coverage in visa processing. In this regard, the issuing of multiple-entry visas (MEVs) with a long validity accompanied by certain procedural facilitations was considered the only win-win solution. LEGAL BASIS: Article 77(2)(a) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the proposed Regulation aims to facilitate the procedural rules applicable to regular travellers in order to ease mobility in the EU. It is presented as part of a package of two parallel proposals which seek to clarify and simplify the visa scheme in general. The main objectives of the legislative package include:
Reducing the deadline: it is proposed to reduce the deadline for processing and making a decision on a visa application is reduced from 15 to 10 days. The maximum deadline for lodging an application has been increased from three to six months before the intended trip, to allow travellers to plan ahead and avoid peak seasons. Furthermore, the list of supporting documents will be simplified and become exhaustive and the enhanced harmonisation of these requirements at local level will ensure equal treatment of visa applicants. The often costly obligatory travel medical insurance will be abolished. Establishing a clearer set of procedural rules and speeding up the process with the introduction of mandatory criteria for obtaining a multiple entry visa (MEV) valid for three years and subsequently for five years for 'VIS registered regular' travellers. Applicants whose data are registered in the Visa Information System (VIS) and who have previously lawfully used at least two visas within the past 12 month period will benefit from these facilitations. This change of rules is also possible thanks to the roll out of the Visa Information System (VIS), which is expected to be completed in 2015, enabling Member States' consulates to access the visa applicants' 'history'. General procedural facilitations:
Special schemes: provisions have been included to provide certain procedural facilitations for close relatives of Union citizens so as to contribute to improving their mobility, in particular by facilitating family visits. The following cases are set out:
Visas applied for at the external border under a temporary scheme: in view of promoting short term tourism, a Member State may decide to temporarily issue visas (upon notification and publication of the organisational modalities of the scheme) at the external border to persons fulfilling specific conditions. This should, in principle, remain exceptional. Exemptions in the case of international events: Member States should be free to define the exact supporting documents to be submitted by visa applicants in order to prove the fulfilment of the entry conditions required by this Regulation. Where such a harmonised list of supporting documents exists, in order to provide facilitations for visa applicants, Member States should be allowed to provide certain exemptions from that list when major international events are organised in their territory. These events should be large scale and of particular importance due to their tourism and/or cultural impact (for instance, universal exhibitions and sports championships). Enlarging consular cooperation: according to the proposal, if the Member State competent for processing the visa application is neither present nor represented in a given third country, the applicant is entitled to apply at any of the consulates present ('mandatory representation'). Flexible rules should be established to allow Member States to optimise the sharing of resources and to increase consular coverage. Cooperation among Member States ("Schengen Visa Centres"), could take any form adapted to local circumstances aiming at increasing geographical consular coverage, reducing Member States' costs, increasing the visibility of the European Union and improving the service offered to visa applicants. In this regard, representation arrangements should be streamlined and obstacles for the conclusion of such arrangements among Member States should be avoided and the representing Member State should be responsible for carrying out the entire processing of visa applications without involvement of the represented Member State. External service providers: Member States' use of external service provider is no longer to be the last resort solution. Family members of Union citizens exercising their right to free movement and close relatives of Union citizens not exercising their right to free movement as well as applicants who can justify a case of emergency should be given an immediate appointment. It is provided that Member States should annually report to the Commission on the cooperation with external service providers, including the monitoring of the service providers. Statistics: Annex VII is amended to provide for the collection of all relevant data in a sufficiently disaggregated form allow for proper assessment. Information to the public: the Commission should create a common Schengen visa internet website and develop a template for the information to be given to visa applicants. Other technical amendments include:
DELEGATED ACTS: in accordance with Article 290 of the TFEU, the power to amend non-essential elements of Regulation is delegated to the Commission in respect of the list of third countries whose nationals are required to hold an airport transit visa when passing through the international transit areas of airports situated on the territory of the Member States (Annex III) and the list of residence permits entitling the holder to transit through the airports of Member States without being required to hold an airport transit visa (Annex IV). The Commission should be empowered to adopt implementing acts establishing the list of supporting documents to be to be used in each location to take account of local circumstances, details for filling in and affixing of the visa stickers and the rules for issuing visas to seafarers at the external borders. Therefore, the previous annexes VII, VIII and IX should be deleted. |
| activities/1 |
|
| activities/2 |
|
| procedure/dossier_of_the_committee |
LIBE/8/00416
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
| activities/0/docs/0/text/0 |
Old
PURPOSE: to recast and amend Regulation (EC) No 810/2009 of the European Parliament and of the Council establishing a Community Code on Visas (Visa Code). PROPOSED ACT: Regulation of the European Parliament and the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council BACKGROUND: Article 57(1) of Regulation (EC) No 810/2009 on the Visa Code requires the Commission to send the European Parliament and the Council an evaluation of its application two years after all the provisions of the Visa Code have become applicable (i.e. 5 April 2013). The evaluation may be accompanied by a proposal for an amendment of the Regulation. This is the aim of this proposed Regulation. The proposed amendments while maintaining security at the external borders and ensuring the good functioning of the Schengen area, make travel easier for legitimate travellers and simplify the legal framework in the interest of Member States, e.g. by allowing more flexible rules on consular cooperation. The proposal intends to make the access to the Schengen area easier for legitimate travellers will facilitate visiting friends and relatives and doing business. It will boost economic activity, tourism and job creation. IMPACT ASSESSMENT: the Commission examined the proposal and concluded that there were to main problem areas: (i) the overall length and costs (direct and indirect) and the cumbersome nature of the procedures; (ii) insufficient geographical coverage in visa processing. In this regard, the issuing of multiple-entry visas (MEVs) with a long validity accompanied by certain procedural facilitations was considered the only win-win solution. LEGAL BASIS: Article 77(2)(a) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the proposed Regulation aims to facilitate the procedural rules applicable to regular travellers in order to ease mobility in the EU. It is presented as part of a package of two parallel proposals which seek to clarify and simplify the visa scheme in general. The main objectives of the legislative package include:
Reducing the deadline: it is proposed to reduce the deadline for processing and making a decision on a visa application is reduced from 15 to 10 days. The maximum deadline for lodging an application has been increased from three to six months before the intended trip, to allow travellers to plan ahead and avoid peak seasons. Furthermore, the list of supporting documents will be simplified and become exhaustive and the enhanced harmonisation of these requirements at local level will ensure equal treatment of visa applicants. The often costly obligatory travel medical insurance will be abolished. Establishing a clearer set of procedural rules and speeding up the process with the introduction of mandatory criteria for obtaining a multiple entry visa (MEV) valid for three years and subsequently for five years for 'VIS registered regular' travellers. Applicants whose data are registered in the Visa Information System (VIS) and who have previously lawfully used at least two visas within the past 12 month period will benefit from these facilitations. This change of rules is also possible thanks to the roll out of the Visa Information System (VIS), which is expected to be completed in 2015, enabling Member States' consulates to access the visa applicants' 'history'. General procedural facilitations:
Special schemes: provisions have been included to provide certain procedural facilitations for close relatives of Union citizens so as to contribute to improving their mobility, in particular by facilitating family visits. The following cases are set out:
Visas applied for at the external border under a temporary scheme: in view of promoting short term tourism, a Member State may decide to temporarily issue visas (upon notification and publication of the organisational modalities of the scheme) at the external border to persons fulfilling specific conditions. This should, in principle, remain exceptional. Exemptions in the case of international events: Member States should be free to define the exact supporting documents to be submitted by visa applicants in order to prove the fulfilment of the entry conditions required by this Regulation. Where such a harmonised list of supporting documents exists, in order to provide facilitations for visa applicants, Member States should be allowed to provide certain exemptions from that list when major international events are organised in their territory. These events should be large scale and of particular importance due to their tourism and/or cultural impact (for instance, universal exhibitions and sports championships). Enlarging consular cooperation: according to the proposal, if the Member State competent for processing the visa application is neither present nor represented in a given third country, the applicant is entitled to apply at any of the consulates present ('mandatory representation'). Flexible rules should be established to allow Member States to optimise the sharing of resources and to increase consular coverage. Cooperation among Member States ("Schengen Visa Centres"), could take any form adapted to local circumstances aiming at increasing geographical consular coverage, reducing Member States' costs, increasing the visibility of the European Union and improving the service offered to visa applicants. In this regard, representation arrangements should be streamlined and obstacles for the conclusion of such arrangements among Member States should be avoided and the representing Member State should be responsible for carrying out the entire processing of visa applications without involvement of the represented Member State. External service providers: Member States' use of external service provider is no longer to be the last resort solution. Family members of Union citizens exercising their right to free movement and close relatives of Union citizens not exercising their right to free movement as well as applicants who can justify a case of emergency should be given an immediate appointment. It is provided that Member States should annually report to the Commission on the cooperation with external service providers, including the monitoring of the service providers. Statistics: Annex VII is amended to provide for the collection of all relevant data in a sufficiently disaggregated form allow for proper assessment. Information to the public: the Commission should create a common Schengen visa internet website and develop a template for the information to be given to visa applicants. Other technical amendments include:
DELEGATED ACTS: in accordance with Article 290 of the TFEU, the power to amend non-essential elements of Regulation is delegated to the Commission in respect of the list of third countries whose nationals are required to hold an airport transit visa when passing through the international transit areas of airports situated on the territory of the Member States (Annex III) and the list of residence permits entitling the holder to transit through the airports of Member States without being required to hold an airport transit visa (Annex IV). The Commission should be empowered to adopt implementing acts establishing the list of supporting documents to be to be used in each location to take account of local circumstances, details for filling in and affixing of the visa stickers and the rules for issuing visas to seafarers at the external borders. Therefore, the previous annexes VII, VIII and IX should be deleted. New
PURPOSE: to recast and amend Regulation (EC) No 810/2009 of the European Parliament and of the Council establishing a Community Code on Visas (Visa Code). PROPOSED ACT: Regulation of the European Parliament and the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: Article 57(1) of Regulation (EC) No 810/2009 on the Visa Code requires the Commission to send the European Parliament and the Council an evaluation of its application two years after all the provisions of the Visa Code have become applicable (i.e. 5 April 2013). The evaluation may be accompanied by a proposal for an amendment of the Regulation. This is the aim of this proposed Regulation. The proposed amendments, while maintaining security at the external borders and ensuring the good functioning of the Schengen area, make travel easier for legitimate travellers and simplify the legal framework in the interest of Member States, e.g. by allowing more flexible rules on consular cooperation. The proposal intends to make the access to the Schengen area easier for legitimate travellers will facilitate visiting friends and relatives and doing business. It will boost economic activity, tourism and job creation. IMPACT ASSESSMENT: the Commission examined the proposal and concluded that there were to main problem areas: (i) the overall length and costs (direct and indirect) and the cumbersome nature of the procedures; (ii) insufficient geographical coverage in visa processing. In this regard, the issuing of multiple-entry visas (MEVs) with a long validity accompanied by certain procedural facilitations was considered the only win-win solution. LEGAL BASIS: Article 77(2)(a) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the proposed Regulation aims to facilitate the procedural rules applicable to regular travellers in order to ease mobility in the EU. It is presented as part of a package of two parallel proposals which seek to clarify and simplify the visa scheme in general. The main objectives of the legislative package include:
Reducing the deadline: it is proposed to reduce the deadline for processing and making a decision on a visa application is reduced from 15 to 10 days. The maximum deadline for lodging an application has been increased from three to six months before the intended trip, to allow travellers to plan ahead and avoid peak seasons. Furthermore, the list of supporting documents will be simplified and become exhaustive and the enhanced harmonisation of these requirements at local level will ensure equal treatment of visa applicants. The often costly obligatory travel medical insurance will be abolished. Establishing a clearer set of procedural rules and speeding up the process with the introduction of mandatory criteria for obtaining a multiple entry visa (MEV) valid for three years and subsequently for five years for 'VIS registered regular' travellers. Applicants whose data are registered in the Visa Information System (VIS) and who have previously lawfully used at least two visas within the past 12 month period will benefit from these facilitations. This change of rules is also possible thanks to the roll out of the Visa Information System (VIS), which is expected to be completed in 2015, enabling Member States' consulates to access the visa applicants' 'history'. General procedural facilitations:
Special schemes: provisions have been included to provide certain procedural facilitations for close relatives of Union citizens so as to contribute to improving their mobility, in particular by facilitating family visits. The following cases are set out:
Visas applied for at the external border under a temporary scheme: in view of promoting short term tourism, a Member State may decide to temporarily issue visas (upon notification and publication of the organisational modalities of the scheme) at the external border to persons fulfilling specific conditions. This should, in principle, remain exceptional. Exemptions in the case of international events: Member States should be free to define the exact supporting documents to be submitted by visa applicants in order to prove the fulfilment of the entry conditions required by this Regulation. Where such a harmonised list of supporting documents exists, in order to provide facilitations for visa applicants, Member States should be allowed to provide certain exemptions from that list when major international events are organised in their territory. These events should be large scale and of particular importance due to their tourism and/or cultural impact (for instance, universal exhibitions and sports championships). Enlarging consular cooperation: according to the proposal, if the Member State competent for processing the visa application is neither present nor represented in a given third country, the applicant is entitled to apply at any of the consulates present ('mandatory representation'). Flexible rules should be established to allow Member States to optimise the sharing of resources and to increase consular coverage. Cooperation among Member States ("Schengen Visa Centres"), could take any form adapted to local circumstances aiming at increasing geographical consular coverage, reducing Member States' costs, increasing the visibility of the European Union and improving the service offered to visa applicants. In this regard, representation arrangements should be streamlined and obstacles for the conclusion of such arrangements among Member States should be avoided and the representing Member State should be responsible for carrying out the entire processing of visa applications without involvement of the represented Member State. External service providers: Member States' use of external service provider is no longer to be the last resort solution. Family members of Union citizens exercising their right to free movement and close relatives of Union citizens not exercising their right to free movement as well as applicants who can justify a case of emergency should be given an immediate appointment. It is provided that Member States should annually report to the Commission on the cooperation with external service providers, including the monitoring of the service providers. Statistics: Annex VII is amended to provide for the collection of all relevant data in a sufficiently disaggregated form allow for proper assessment. Information to the public: the Commission should create a common Schengen visa internet website and develop a template for the information to be given to visa applicants. Other technical amendments include:
DELEGATED ACTS: in accordance with Article 290 of the TFEU, the power to amend non-essential elements of Regulation is delegated to the Commission in respect of the list of third countries whose nationals are required to hold an airport transit visa when passing through the international transit areas of airports situated on the territory of the Member States (Annex III) and the list of residence permits entitling the holder to transit through the airports of Member States without being required to hold an airport transit visa (Annex IV). The Commission should be empowered to adopt implementing acts establishing the list of supporting documents to be to be used in each location to take account of local circumstances, details for filling in and affixing of the visa stickers and the rules for issuing visas to seafarers at the external borders. Therefore, the previous annexes VII, VIII and IX should be deleted. |
| activities/0/docs/0/text |
|
| activities |
|
| committees |
|
| links |
|
| other |
|
| procedure |
|