Awaiting committee decision
2018/0061(COD) Community code on visas (Visa Code): conditions and procedures for issuing visas
Lead committee dossier: LIBE/8/12554
Legal Basis TFEU 077-p2
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE | LÓPEZ AGUILAR Juan Fernando (S&D) | BECKER Heinz K. (EPP), STEVENS Helga (ECR), DEPREZ Gérard (ALDE), VERGIAT Marie-Christine (GUE/NGL), VALERO Bodil (Verts/ALE), CORRAO Ignazio (EFD), VILIMSKY Harald (ENF) |
| Opinion | TRAN | UJHELYI István (S&D) |
Legal Basis TFEU 077-p2
Activites
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2018/04/16
Committee referral announced in Parliament, 1st reading/single reading
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2018/03/14
Legislative proposal published
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COM(2018)0252
summary
PURPOSE: to reform the EU's common visa policy to adapt the rules to evolving security concerns, challenges linked to migration and new opportunities offered by technological developments. PROPOSED ACT: Regulation of the European Parliament and of 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: the Visa Code, which entered into force on 5 April 2010, is a core element of the common visa policy: it lays down harmonised procedures and conditions for processing visa applications and issuing visas. On the basis of an evaluation report on its implementation, the Commission adopted in April 2014 a proposal to recast the Visa Code with a view to improving travel to the EU through visa facilitation measures (thereby contributing to tourism and trade) and harmonising the implementation of common rules. However, the divergence between the positions of the European Parliament and the Council as well as the evolution of the migration situation and the increased threat to security observed in recent years have led the Commission to announce the withdrawal of its recast proposal. This proposal takes account of the outcome of the negotiations on the proposal to recast the Visa Code. While preserving security at the external borders and ensuring the smooth functioning of the Schengen area, the proposed amendments aim to facilitate the movement of bona fide travellers and to simplify the legal framework of the visa procedure. IMPACT ASSESSMENT: the proposal is based on an impact assessment focusing on the three main issues: insufficient financial resources to support visa processing: the preferred option is a moderate increase of the common visa fee to EUR 80; repeated visa procedures for regular travellers: the preferred option is a ‘one-size-fits-all’ multiple entry visas cascade at EU level and the possibility of adapting the cascade to specific countries; insufficient levels of return of irregular migrants to some countries of origin: the preferred option is targeted negative incentives. Negative measures in the visa area are likely to be most effective in bringing change in third country governments towards cooperation with Member States on the readmission of irregular migrants, although they might need to be combined. CONTENT: this proposal amends Regulation (EC) No 810/2009 of the European Parliament and of the Council establishing a Community Code on Visas (Visa Code). It lays down the procedures and conditions for issuing visas for intended stays on the territory of Member States not exceeding 90 days in any 180-days period. The main elements of the proposal are as follows: Practical modalities for lodging an application: the proposal extends to six months the maximum deadline for lodging an application to allow travellers to plan ahead and avoid peak seasons; due to their specific working conditions, seafarers may lodge their application nine months before the intended trip. Minimum deadline for lodging an application has been set to allow Member States time for proper assessment of applications and organisation of work. The proposal clarifies rules on who may lodge the application on behalf of the applicant and a reference is made to professional, cultural, sports or education association or institution as distinct from commercial intermediaries. Visa fee: the visa fee is increased from EUR 60 to EUR 80. The proposed increase of the fee will allow Member State to maintain adequate levels of consular staff to process visa applications. The visa fee for minors (6-12 years of age) will be increased by EUR 5 to EUR 40. Decision on the application: the general decision making time should be maximum 10 days. This delay may be extended to the maximum period for deciding on applications to 45 days in certain circumstances, when further review of the application is required. In case of visa refusal, procedures should ensure an effective judicial remedy. Multiple entry visas with longer validity: harmonised rules will apply to multiple entry visas to better prevent ‘visa shopping’ and to reduce costs and save time for Member States and frequent travellers. Such multiple entry visas will be issued to trusted regular travellers with a positive visa history for a gradually increasing period from 1 up to 5 years. Travellers' fulfilment of entry conditions will be thoroughly and repeatedly verified. Short-term visas at external borders: to facilitate short-term tourism, Member States will be allowed to issue single-entry visas directly at external land and sea borders under temporary, seasonal schemes subject to strict conditions. Detailed provisions establish safeguards to minimise the irregular migration and security risks. Such visas will be valid for a stay of a maximum of 7 days in the issuing Member State only. Cooperation on readmission: the general provisions on the limited number of supporting documents, the visa fee, fee waiver for holders of diplomatic passports, 10-day processing time and the issuing of multiple entry visas will not apply to nationals of third countries not cooperating on readmission on the basis of objective and relevant criteria. The Commission is regularly to assess third countries’ cooperation on readmission, taking account of a number of indicators. The Commission’s proposal for the reform of the Visa Information System legal framework (to be presented in spring 2018) will further enhance the security and efficiency of the visa procedure, in particular by taking account of technological developments.
- DG {'url': 'http://ec.europa.eu/info/departments/migration-and-home-affairs_en', 'title': 'Migration and Home Affairs'}, AVRAMOPOULOS Dimitris
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COM(2018)0252
summary
Documents
- Legislative proposal published: COM(2018)0252
| Amendments | Dossier |
| 313 |
2018/0061(COD)
2018/09/14
TRAN
77 amendments...
Amendment 10 #
Proposal for a regulation Recital 1 (1) The
Amendment 11 #
Proposal for a regulation Recital 2 (2) The Union should use its visa policy in its cooperation with third countries, and
Amendment 12 #
Proposal for a regulation Recital 2 (2) The
Amendment 13 #
Proposal for a regulation Recital 4 (4) The visa application procedure should be as easy as possible for applicants. It should be clear which Member State is competent for examining an application for a visa in particular where the intended visit covers several Member States. Where possible, Member States should allow for application forms to be completed and submitted electronically. Deadlines should be established for the various steps of the procedure in particular to allow travellers to plan ahead and avoid peak seasons in consulates. 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 14 #
Proposal for a regulation Recital 4 (4) The visa application procedure should be as easy as possible for applicants, so as to guarantee freedom of movement and the right to leave the State from which they originally come or in which they reside, without causing discrimination. It should be clear which Member State is competent for examining an application for a visa in particular where the intended visit covers several Member States. Where possible, Member States
Amendment 15 #
Proposal for a regulation Recital 4 (4) The visa application procedure should be eas
Amendment 16 #
(4) The visa application procedure should be as easy and cheap as possible for applicants. It should be clear which Member State is competent for examining an application for a visa in particular where the intended visit covers several Member States.
Amendment 17 #
Proposal for a regulation Recital 6 (6) The visa fee should ensure that sufficient financial resources are available to cover the expenses of visa processing, including appropriate structures and sufficient staff to ensure the quality and integrity of the examination of visa applications. The amount of the visa fee should be revised
Amendment 18 #
Proposal for a regulation Recital 6 (6) The visa fee should ensure that sufficient financial resources are available to cover the expenses of visa processing, including appropriate structures and sufficient staff to ensure the quality, speed and integrity of the examination of visa applications. The amount of the visa fee should be revised on a two-yearly basis on the basis of objective criteria.
Amendment 19 #
Proposal for a regulation Recital 7 (7) To ensure that nationals of third countries subject to the visa requirement can lodge their visa application in their place of residence even if no Member State is present for the purpose of collecting applications, external service providers, duly certified and regularly monitored, should be enabled to provide the necessary service for a fee exceeding the general maximum level.
Amendment 20 #
Proposal for a regulation Recital 8 (8) Representation arrangements should be streamlined and eased and obstacles to the
Amendment 21 #
Proposal for a regulation Recital 10 Amendment 22 #
Proposal for a regulation Recital 10 (10) Given the differences in local circumstances notably with regard to migratory and security risks, as well as the relationships that the Member States of the Union maintain
Amendment 23 #
Proposal for a regulation Recital 11 Amendment 24 #
Proposal for a regulation Recital 11 (11) In case of lack of cooperation of certain third countries to readmit their nationals apprehended in an irregular situation and failure of those third countries to cooperate effectively in the return process,
Amendment 25 #
Proposal for a regulation Recital 12 (12) Applicants who have been refused a visa should have the right
Amendment 26 #
Proposal for a regulation Recital 12 (12) Applicants who have been refused a visa should have the right to appeal which should, at a certain stage of the proceedings, guarantee an effective judicial appeal. More detailed information on the refusal grounds and procedures for appeal of negative decisions should be provided in the notification of the refusal. Where a decision is overturned on appeal, the applicant should be given the possibility to claim compensation for losses occurred as a result of the wrongful decision.
Amendment 27 #
Proposal for a regulation Recital 12 (12) Applicants who have been refused a visa should have the right to appeal which should, at a certain stage of the proceedings,
Amendment 28 #
Proposal for a regulation Recital 13 (13) The issuing of visas at the external border should remain exceptional.
Amendment 29 #
Proposal for a regulation Recital 13 (13) The issuing of visas at the external border should
Amendment 30 #
Proposal for a regulation Recital 13 a (new) (13a) 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, it seeks to ensure full respect for the right to the protection of personal data as set out in Article 16 TFEU, the right to private and family life as set out in Article 7, the right to asylum as set out in Article 18 and the rights of the child as set out in Article 24 of that Charter.
Amendment 31 #
Proposal for a regulation Recital 14 (14) Local
Amendment 32 #
Proposal for a regulation Recital 15 (15) Member States should closely and regularly monitor the operations of external service providers to ensure compliance with the legal instrument governing the responsibilities entrusted with the external service provider. Member States should report to the Commission and their national representation annually on the cooperation with and monitoring of external service providers. Member States should ensure that the entire procedure for the processing of visa applications and the cooperation with external service providers is monitored by expatriate staff.
Amendment 33 #
Proposal for a regulation Recital 16 (16) 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 suited to local circumstances in order to increase geographical consular coverage, reduce Member States' costs, increase the visibility of the Union and improve the service offered to visa applicants. The common visa policy should contribute to generating growth and be coherent with other Union policies, such as those concerning external relations, trade, education, culture and tourism.
Amendment 34 #
Proposal for a regulation Recital 16 (16) 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 suited to local circumstances in order to increase geographical consular coverage, reduce Member States' costs
Amendment 35 #
Proposal for a regulation Recital 17 (17) Electronic visa application systems developed by Member States help to facilitate application procedures for applicants and consulates. A common solution
Amendment 36 #
Proposal for a regulation Recital 17 (17) Electronic visa application systems developed by Member States help to facilitate application procedures for applicants and consulates. A common solution allowing full digitisation should be developed, making full use of the recent legal and technological developments so as to allow applicants to apply for a visa online, in order to accommodate the needs of applicants and attract more visitors to the Schengen area.
Amendment 37 #
Proposal for a regulation Recital 17 (17) Electronic visa application systems developed by Member States help to facilitate application procedures for applicants and consulates. A common solution, an online platform and an EU E- visa, allowing full digitisation should be developed until 2025, making full use of the recent legal and technological developments.
Amendment 38 #
Proposal for a regulation Recital 17 (17) Electronic visa application systems developed by Member States
Amendment 39 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EC) No 810/2009 Article 1 – paragraph 4 new (1a) The European Commission shall present an electronic visa application, E- visa, by 2025.
Amendment 40 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point d a (new) Regulation (EC) No 810/2009 Article 2 – new point (da) "Sport and Culture Professionals" means third-country nationals who are not citizens of the Union within the meaning of Article 20(1) of the Treaty, and belong to the following categories: performing artists and their support staff, elite sports persons and their support staff.
Amendment 41 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point a Regulation (EC) No 810/2009 Article 9 – paragraph 1 Applications may be lodged no more than six months, and for seafarers, sport and culture professionals in the performance of their duties, no more than nine months before the start of the intended visit and, as a rule, no later than 15 calendar days before that start.;
Amendment 42 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 – point a Regulation (EC) No 810/2009 Article 14 – paragraph 4 4. Member States may require applicants to present a proof of sponsorship
Amendment 43 #
Proposal for a regulation Article premier – paragraph 1 – point 10 – point a Regulation (EC) No 810/2009 Article 14 – paragraph 4 4. Member States
Amendment 44 #
Proposal for a regulation Article premier – paragraph 1 – point 10 – point a Regulation (EC) No 810/2009 Article 14 – paragraph 4 c Amendment 45 #
Proposal for a regulation Article premier – paragraph 1 – point 10 – point a Regulation (EC) No 810/2009 Article 14 – paragraph 4 d Amendment 46 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 – point a (e) the address of the accommodation; if travel is organized by a tour operator proof of sufficient means to cover expenses or confirmation from inbound agent that accommodation arrangements are being handle;
Amendment 47 #
Proposal for a regulation Article premier – paragraph 1 – point 10 – point a Regulation (EC) No 810/2009 Article 14 – paragraph 4 g Amendment 48 #
Proposal for a regulation Article premier – paragraph 1 – point 10 – point a Regulation (EC) No 810/2009 Article 14 – paragraph 4 – point g a (new) Consulates may waive the above requirements where the applicant is known to their visa services.
Amendment 49 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 – point a a (new) Regulation (EC) No 810/2009 Article 14 – paragraph 1 – point b (aa) Article 14 paragraph 1 point (b) is replaced by the following; "(b) documents in relation to accommodation, or proof of sufficient means to cover
Amendment 50 #
Proposal for a regulation Article premier – paragraph 1 – point 11 – point a Regulation (EC) No 810/2009 Amendment 51 #
Proposal for a regulation Article premier – paragraph 1 – point 11 – point b Regulation (EC) No 810/2009 Article 15 – paragraph 2 Amendment 52 #
Proposal for a regulation Article premier – paragraph 1 – point 12 – point a Regulation (EC) No 810/2009 Article 16 – paragraph 1 1. Applicants shall pay a visa fee of
Amendment 53 #
Proposal for a regulation Article premier – paragraph 1 – point 12 – point a Regulation (EC) No 810/2009 Article 16 – paragraph 2 2. Children from the age of six years and below the age of 12 years shall pay a visa fee of EUR
Amendment 54 #
Proposal for a regulation Article premier – paragraph 1 – point 12 – point b Regulation (EC) No 810/2009 Article 16 – paragraph 2 a (new) Amendment 55 #
Proposal for a regulation Article premier – paragraph 1 – point 12 – point f Regulation (EC) No 810/2009 Article 16 – paragraph 8 a (new) Amendment 56 #
Proposal for a regulation Article premier – paragraph 1 – point 13 – point a Regulation (EC) No 810/2009 Article 17 – paragraph 1 Amendment 57 #
Proposal for a regulation Article premier – paragraph 1 – point 14 – point a Regulation (EC) No 810/2009 Article 21 – paragraph 3 e Amendment 58 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point c Regulation (EC) No 810/2009 Article 21 – paragraph 8 8. During the examination of an application, consulates may in justified cases carry out an interview with the applicant and request additional documents.
Amendment 59 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point c Regulation (EC) No 810/2009 Article 21 – paragraph 8 8. During the examination of an application, consulates may in justified cases carry out an interview with the applicant and request additional
Amendment 60 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point c Regulation (EC) No 810/2009 Article 21 – paragraph 8 8. During the examination of an application, consulates may in justified cases carry out an interview with the applicant and request additional documents.; Member States can use remote means of communication, including voice or video calls via the internet to interview applicants.
Amendment 61 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point c Regulation (EC) No 810/2009 Article 21 – paragraph 8 8. During the examination of an application, consulates may in justified cases carry out an interview with the applicant and request additional documents. Member States can use remote means of communication, including voice or video calls via the internet, to interview applicants;
Amendment 62 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point c Regulation (EC) No 810/2009 Article 1 – paragraph 1 – point 14 Amendment 63 #
Proposal for a regulation Article premier – paragraph 1 – point 16 – point a Regulation (EC) No 810/2009 Article 23 – paragraphs 1 and 2 Amendment 64 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 – point a Regulation (EC) No 810/2009 Article 23 – paragraph 1 Applications shall be decided within
Amendment 65 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 – point a Regulation (EC) No 810/2009 Article 23 – paragraph 1 That period may be extended up to a maximum of
Amendment 66 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point c Regulation (EC) No 810/2009 Article 24 – paragraph 2 – point c 2c. Without prejudice to paragraph 2, a multiple entry visa valid for up to five years may be issued to applicants who prove the need or justify their intention to travel frequently and/or regularly, such as seafarers, sports and culture professionals, provided that they prove their integrity and reliability, in particular the lawful use of previous visas, their economic situation in the country of origin and their genuine intention to leave the territory of the Member States before the expiry of the visa for which they have applied.
Amendment 67 #
Proposal for a regulation Article premier – paragraph 1 – point 17 – point c Regulation (EC) No 810/2009 Amendment 68 #
Proposal for a regulation Article premier – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a (new) Amendment 69 #
Proposal for a regulation Article premier – paragraph 1 – point 18 Regulation (EC) No 810/2009 2. The Commission and Member States shall regularly assess third countries' cooperation with regard to readmission, taking account, in particular, of the following indicators:
Amendment 70 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 – paragraph 5 5. Where, on the basis of the analysis referred to in paragraphs 2 and 4, the Commission decides that a country is not cooperating sufficiently, and that action is therefore needed, it may, taking also account of the Union’s overall relations with the third country concerned and the importance of allowing certain categories of professional travellers such as seafarers and sports and culture professionals to continue to benefit from the rules of visa code, adopt an implementing act, in accordance with the examination procedure referred to in Article 52(2):
Amendment 71 #
Proposal for a regulation Article premier – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 5 a 5a. If one or more Member States consider that the Commission is late in taking the appropriate measures described in this Article, or that the third country concerned is continuing to cooperate insufficiently with regard to readmission, they may restrict or even suspend the issuing of visas.
Amendment 72 #
Proposal for a regulation Article premier – paragraph 1 – point 22 – point b Regulation (EC) No 810/2009 Article 32 – paragraph 3 3. Applicants who have been refused a visa shall have the right
Amendment 73 #
Proposal for a regulation Article premier – paragraph 1 – point 24 Regulation (EC) No 810/2009 Article 36 a Amendment 74 #
Proposal for a regulation Article 1 – paragraph 1 – point 24 Regulation (EC) No 810/2009 Article 36 a – paragraph 2 2. The duration of the scheme shall be limited to f
Amendment 75 #
Proposal for a regulation Article 1 – paragraph 1 – point 24 Regulation (EC) No 810/2009 Article 36 – paragraph 1 3. The Member State concerned shall establish appropriate structures and deploy specially trained staff for the processing of visa applications and the carrying out of all verifications and risk assessment, as set out in Article 21. Staff shall receive training on digital file management.
Amendment 76 #
Proposal for a regulation Article 1 – paragraph 1 – point 24 Regulation (EC) No 810/2009 Article 36 a – paragraph 6 Member States shall notify the Commission of any schemes at the latest
Amendment 77 #
Proposal for a regulation Article premier – paragraph 1 – point 27 Regulation (EC) No 810/2009 Article 40 – paragraph 3 3. A Member State may also cooperate with an external service provider that is duly certified and regularly monitored in accordance with Article 43.
Amendment 78 #
Proposal for a regulation Article premier – paragraph 1 – point 29 – point c Regulation (EC) No 810/2009 Article 43 – paragraph 7 7. When selecting an external service provider, the Member State concerned shall assess the reliability and solvency of the organisation or company and ensure that there is no conflict of interests. The scrutiny shall include
Amendment 79 #
Proposal for a regulation Article premier – paragraph 1 – point 29 – point f Regulation (EC) No 810/2009 Article 43 – paragraph 11 a 11a. By 1st January each year, Member
Amendment 80 #
Proposal for a regulation Article premier – paragraph 1 – point 33 – point d Regulation (EC) No 810/2009 Article 48 – paragraph 3 – point b (b) information with regard to the assessment of
Amendment 81 #
Proposal for a regulation Article premier – paragraph 1 – point 33 – point d Regulation (EC) No 810/2009 Article 48 – paragraph 3 – point b Amendment 82 #
Proposal for a regulation Article premier – paragraph 1 – point 33 – point d Regulation (EC) No 810/2009 Article 48 – paragraph 3 – point b Amendment 83 #
Proposal for a regulation Article premier – paragraph 1 – point 33 – point d Regulation (EC) No 810/2009 Article 48 – paragraph 3 – point c Amendment 84 #
Proposal for a regulation Article premier – paragraph 1 – point 33 – point d Regulation (EC) No 810/2009 Article 48 – paragraph 3 – point d Amendment 85 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 a (new) Regulation (EC) No 810/2009 Annex V – Part A – point 3 a (
Amendment 9 #
Proposal for a regulation Recital 1 (1) The European Union’s common short-stay visa policy has been an integral part to the establishment of an area without internal borders.
source: 627.689
2018/11/09
LIBE
236 amendments...
Amendment 100 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – introductory part Regulation (EC) No 810/2009 Article 3 – paragraph 5 (3)
Amendment 101 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a (new) Regulation (EC) No 810/2009 Article 5 – paragraph 1 – points (b) and (c) Amendment 102 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b (new) Regulation (EC) No 810/2009 Article 3 – paragraph 5 – point f a (b) the following new point is added: "(fa) persons in need of international protection;"
Amendment 103 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 a (new) Regulation (EC) No 810/2009 Article 3 (3a) Article 3
Amendment 104 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 810/2009 Article 4 paragraph 2 2. By way of derogation from paragraph 1, the authorities responsible for checks on persons may examine and decide on applications at the external borders of the Member States, in accordance with Articles 35
Amendment 105 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 810/2009 Article 5 – paragraph 1 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 where the host organisation or undertaking is located, if applicable, or the Member State whose territory constitutes the main destination of the visit(s) in terms of the length of stay,
Amendment 106 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 810/2009 Article 5 – paragraph 1b (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) in terms of the length of stay, counted in days
Amendment 107 #
Amendment 108 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 b (new) Regulation (EC) No 810/2009 Article 5 – paragraph 3 Amendment 109 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 a (new) Regulation (EC) No 810/2009 Article 6 – paragraph 2 a (5a) In Article 6 the following new paragraph is added: "2a. Where the conditions referred to in paragraph 1 and 2 are not met, 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."
Amendment 110 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 – point b a (new) Regulation (EC) No 810/2009 Article 8 – paragraph 6 (ba) in Article 8, paragraph 6 is amended ‘6. With a view to ensuring that a poor transport infrastructure or long distances in a specific region or geographical area does not require a disproportionate effort on the part of applicants to have access to a consulate, Member States lacking their own consulate in that region or area shall endeavour to conclude representation
Amendment 111 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point a Regulation (EC) No 810/2009 Article 9 – paragraph 1 Applications may be lodged
Amendment 112 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point a Regulation (EC) No 810/2009 Applications may be lodged
Amendment 113 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point a Regulation (EC) No 810/2009 Article 9 – paragraph 1 Applications may be lodged no more than
Amendment 114 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point a a (new) Regulation (EC) No 810/2009 Article 9 – paragraph 3 (aa) In Article 9, paragraph 3 is amended ‘In justified cases of urgency, the consulate
Amendment 115 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point b Regulation (EC) No 810/2009 Article 9 – paragraph 4 – point a (aa) by the legal representatives of the applicant
Amendment 116 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 – point a Regulation (EC) No 810/2009 Article 10 – paragraph 1 Amendment 117 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 – point b a (new) Regulation (EC) No 810/2009 Article 10 – paragraph 3 – point (d) (
Amendment 118 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 – point b b (new) Regulation (EC) No 810/2009 Article 10 – paragraph 3 – point (g) Amendment 119 #
Amendment 120 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point d b (new) Regulation (EC) No 810/2009 Article 13 – paragraph 2 Amendment 121 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point d c (new) Regulation (EC) No 810/2009 Article 13 – paragraph 3 (dc) in Article 13, paragraph 3 is amended ‘3. Where fingerprints collected from the applicant as part of an earlier application were entered in the VIS for the first time less than 59 months before the date of the new application, they shall be copied to the subsequent application.
Amendment 122 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point d d (new) Regulation (EC) No 810/2009 (dd) in Article 13, paragraph 6 is amended ‘6. The biometric identifiers shall be collected by qualified and duly authorised staff of the authorities competent in accordance with Article 4(1), (2) and (3). Under the supervision of the consulates, the biometric identifiers may also be collected by qualified
Amendment 123 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point d e (new) Regulation (EC) No 810/2009 Article 13 – paragraph 7 – point (a) (
Amendment 124 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 a (new) Regulation (EC) No 810/2009 Article 13 – paragraph 7 (
Amendment 125 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point d g (new) Regulation (EC) No 810/2009 Article 13 – paragraph 7 – point (d) (dg)
Amendment 126 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 – point d f (new) (df) in Article 13(7), point (c) is amended ‘(c) heads of State or government and members of a national government
Amendment 127 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 – point -a (new) Regulation (EC) No 810/2009 Article 14 – paragraph 1 (-a) in Article 14(1), point (b) is amended and points (c) and (d) are deleted ‘When applying for a uniform visa, the applicant shall present: (a) documents indicating the purpose of the journey; (b) documents in relation to accommodation,
Amendment 128 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 – point -a a (new) Regulation (EC) No 810/2009 Article 14 – paragraph 2 Amendment 129 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 – point a Regulation (EC) No 810/2009 Article 14 – paragraph 4 Amendment 130 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 – point a Regulation (EC) No 810/2009 Article 14 – paragraph 4 – subparagraph 1 4. Member States may require applicants to present a proof of sponsorship and private accommodation or both by completing a form drawn up by
Amendment 131 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 – point a Regulation (EC) No 810/2009 Article 14 – paragraph 4 – subparagraph 2 The Commission shall adopt the form by means of implementing acts in accordance with the examination procedure referred to in Article 52(2). The form shall be used to inform the sponsor/inviting person about the processing of their personal data and the applicable rules. In addition to the Member State’s official language(s), the form shall be drawn up in at least one other official language of the
Amendment 132 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 – point a Regulation (EC) No 810/2009 Article 14 – paragraph 4 a (new) 4a. Consulates may waive the above requirements where the applicant is known to their visa services.
Amendment 133 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 – point a Regulation (EC) No 810/2009 Article 14 – paragraph 5 5. Member States' consulates shall within local Schengen cooperation, as referred to in Article 48, assess the implementation of the conditions laid down in paragraph 1
Amendment 134 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 – point a Regulation (EC) No 810/2009 Article 14 – paragraph 5 5. Member States' consulates shall within local Schengen cooperation, as referred to in Article 48, assess the implementation of the conditions laid down in paragraph 1, to take account of local circumstances
Amendment 135 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 – point b a (new) Regulation (EC) No 810/2009 Article 14 – paragraph 6 Amendment 136 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 810/2009 Article 15 Amendment 137 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 Regulation (EC) No 810/2009 Article 15 Amendment 138 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – introductory part Regulation (EC) No 810/2009 Article 15 (11) Article 15 is
Amendment 139 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 a (new) Regulation (EC) No 810/2009 (11a) Article 15
Amendment 140 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a Regulation (EC) No 810/2009 Article 16 – paragraph 1 1. Applicants shall pay a visa fee of EUR
Amendment 141 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a Regulation (EC) No 810/2009 Article 16 – paragraph 1 1. Applicants shall pay a visa fee of EUR
Amendment 142 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a Regulation (EC) No 810/2009 Article 16 – paragraph 1 1. Applicants shall pay a visa fee of EUR
Amendment 143 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a Regulation (EC) No 810/2009 Article 16 – paragraph 1 (new) 1a. Applicants whose data are already entered in the Visa Information System and whose biometric identifiers have been collected in accordance with Article 13 shall pay a visa fee of EUR 60.
Amendment 144 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a Regulation (EC) No 810/2009 Article 16 – paragraph 2 Amendment 145 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a Regulation (EC) No 810/2009 Article 16– paragraph 2 2. Children from the age of six years and below the age of 1
Amendment 146 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a Regulation (EC) No 810/2009 Article 16 – paragraph 2 (2) Children from the age of six years and below the age of 12 years shall pay a visa fee of EUR
Amendment 147 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point b Regulation (EC) No 810/2009 Article 16 – paragraph 2 a Amendment 148 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point b Regulation (EC) No 810/2009 Article 16 – paragraph 2 a Amendment 149 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point b Regulation (EC) No 810/2009 Article 16 – paragraph 2 a Amendment 150 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point b Regulation (EC) No 810/2009 Article 16 – paragraph 2 a (2a) A visa fee of EUR 1
Amendment 151 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a Regulations (EC) No 810/2009 Article 16 – paragraph 1 b (new) 1b. Applicants who are nationals of a third country that is considered to be cooperating sufficiently with Member States on the readmission of irregular migrants, in accordance with new Article 25a, shall pay a visa fee of EUR 60.
Amendment 152 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point b (b) Applicants which form part of a group travelling for artistic, sports or educational purposes shall pay a visa fee of EUR 60.
Amendment 153 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c a (new) Regulation (EC) No 810/2009 Article 16 – paragraph 4 – point (a) (ca)
Amendment 154 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d Regulation (EC) No 810/2009 Article 16 – paragraph 4 - point c a (new) (ca) applicants for a visa with limited territorial validity issued on humanitarian grounds, for reasons of national interest or because of international obligations, and beneficiaries of a Union resettlement or relocation programme;
Amendment 155 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d a (new) Regulation (EC) No 810/2009 Article 16 – paragraph 4 – point d a (new) (da) family members of Union citizens as provided for in Article 5(2) of Directive 2004/38/EC.
Amendment 156 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d a (new) Regulation (EC) No 810/2009 Article 15 – paragraph 5 – point (a) Amendment 157 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point e a (new) Regulation (EC) No 810/2009 Article 15 – paragraph 5 – point (c) (
Amendment 158 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point e a (new) Regulation (EC) No 810/2009 Article 16 – paragraph 5 – point e a (new) (ea) paragraph 5(ca): applicants for a visa with limited territorial validity.
Amendment 159 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point e b (new) Regulation (EC) No 810/2009 Article 15 – paragraph 7 (eb) in Article 15, paragraph 7 is amended ‘7. 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 160 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point f Regulation (EC) No 810/2009 Article 16 – paragraph 8 a Amendment 161 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 – point a Regulation (EC) No 810/2009 Article 17 – paragraph 1 Additional service fees may not under any circumstances be charged by an external service provider
Amendment 162 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 – point b Regulation (EC) No 810/2009 Article 17 – paragraph 3 Amendment 163 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 – point c Regulation (EC) No 810/2009 Article 17 – paragraph 4 a Amendment 164 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 – point c a (new) Regulation (EC) No 810/2009 Article 17 – paragraph 4 Amendment 165 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 – point d Regulation (EC) No 810/2009 Article 17 – paragraph 5 Amendment 166 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 – point d (d) paragraph 5 is
Amendment 167 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 a (new) Regulation (EC) No 810/2009 Article 19 – paragraph 3 (13a) in Article 19, paragraph 3 is amended ‘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 shall without delay: – return the application form and any documents submitted by the applicant, – destroy the collected biometric data, – reimburse the visa fee, and – not examine the application.
Amendment 168 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point -a (new) Regulation (EC) No 810/2009 Article 21 – paragraph 1 (-a) in Article 21, paragraph 1 is amended ‘1. In the examination of an application
Amendment 169 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point -a a (new) Regulation (EC) No 810/2009 Article 21 – paragraph 3 – point (b) (
Amendment 170 #
(-ab) in Article 21(3), point (d) is amended ‘(d) that the applicant is not considered to be a threat to
Amendment 171 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point a – introductory part Regulation (EC) No 810/2009 Article 21 – paragraph 3 – point e (a) in paragraph 3, point (e) is
Amendment 172 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point a – introductory part Regulation (EC) No 810/2009 Article 21 – paragraph 3 – point e (a) in paragraph 3, point (e) is
Amendment 173 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point a Regulation (EC) No 810/2009 Article 21 – paragraph 3 – point (e) Amendment 174 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b Regulation (EC) No 810/2009 Article 21 – paragraph 4 Amendment 175 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point b a (new) Regulation (EC) No 810/2009 Article 21 – paragraph 6 Amendment 176 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point c a (new) Regulation (EC) No 810/2009 Article 21 – paragraph 7 (ca) in Article 21, paragraph 7 is amended ‘7. The examination of an application shall be based notably on the authenticity
Amendment 177 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point c Regulation (EC) No 810/2009 Article 1 – paragraph 1 – point 14 – point c 8. During the examination of an application, consulates may in justified cases carry out an interview with the applicant and request additional documents.
Amendment 178 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point c Regulation (EC) No 810/2009 Article 21 – paragraph 8 8. During the examination of an application, consulates may in justified cases carry out an interview with the applicant and request additional documents.; Member States may use modern means of communication to interview the applicant.
Amendment 179 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 – point c Regulation (EC) No 810/2009 Article 21 – paragraph 8 8. During the examination of an application, consulates may in justified cases
Amendment 180 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 – point a Regulation (EC) No 810/2009 Article 22 – paragraph 2 (2) The central authorities consulted shall reply definitively as soon as possible but not later than
Amendment 181 #
Proposal for a regulation Article 1 – paragraph 1 – point 15 – point a Regulation (EC) No 810/2009 Article 22 – paragraph 3 (3) Member States shall notify the Commission of the introduction or withdrawal of the requirement of prior consultation, as a rule, at the latest
Amendment 182 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 – point a Regulation (EC) No 810/2009 Article 23 – paragraph 1 Applications shall be decided within 10 calendar days of the date of the lodging of an application which is admissible in accordance with Article 19, or within five calendar days for visa applicants whose data are already recorded in the Visa Information System and whose biometric identifiers have been collected in accordance with Article 13.
Amendment 183 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 – point a Regulation (EC) No 810/2009 Article 23 – paragraph 1 Applications shall be decided within
Amendment 184 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 – point a Regulation (EC) No 810/2009 Article 23 – paragraph 2 That period may be extended up to a maximum of
Amendment 185 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 – point a Regulation (EC) No 810/2009 Article 23 – paragraph 2 That period may be extended up to a maximum of
Amendment 186 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 – point c – indent 1 Regulation (EC) No 810/2009 Article 21 – paragraph 4 – point (b a) Amendment 187 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point a – indent 3 Regulation (EC) No 810/2009 Article 24 Amendment 188 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point a – indent 3 Regulation (EC) No 810/2009 Article 24 – paragraph 1 Without prejudice to Article 12(a), the period of validity of a single entry visa shall include a 'period of grace' of
Amendment 189 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point a a (new) (aa) 1a. Applicants whom the consulates consider to meet the entry conditions and in respect of whom no grounds for refusal referred to in Article 32 exist shall be issued a visa in accordance with this Article.;
Amendment 190 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point b Regulation (EC) No 810/2009 Article 24 – paragraph 2 – point (a) (a) for a validity period of one year, provided that the applicant has obtained and lawfully used t
Amendment 191 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point b Regulation (EC) No 810/2009 Article 24 – paragraph 2 – point a (a) for a validity period of one year, provided that the applicant has obtained and lawfully used t
Amendment 192 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point b Regulation (EC) No 810/2009 Article 24 – paragraph 2 – point a (a) for a validity period of one year, provided that the applicant has obtained and lawfully used t
Amendment 193 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point b Regulation (EC) No 810/2009 Article 24 – paragraph 2 – point b (b) for a validity period of two years shall be issued, provided that the applicant has, within the preceding two years, obtained and lawfully used a previous multiple-entry visa valid for one year;
Amendment 194 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point b Regulation (EC) No 810/2009 Article 24 – paragraph 1 c (c) for a validity period of five years, provided that the applicant has, within the preceding three years, obtained and lawfully used a previous multiple-entry visa valid for two years.;
Amendment 195 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point c Regulation (EC) No 810/2009 Article 21 – paragraph 2 b 2b. By way of derogation from paragraph 2, Member States' consulates shall, within local Schengen cooperation as referred to in Article 48, assess whether the rules on the issuing of the multiple entry visas set out in paragraph 2 need to be adapted to take account of local
Amendment 196 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point c Regulation (EC) No 810/2009 Article 24 – paragraph 2 b 2b. By way of derogation from paragraph 2, Member States' consulates shall within local Schengen cooperation as referred to in Article 48, assess whether the rules on the issuing of the multiple entry visas set out in paragraph 2 need to be adapted to take account of local circumstances,
Amendment 197 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point c Regulation (EC) No 810/2009 Article 24 – paragraph 2 c 2c. Without prejudice to paragraph 2, a multiple entry visa valid for up to five years
Amendment 198 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point c Regulation (EC) No 810/2009 Article 24 – paragraph 2 c 2c. Without prejudice to paragraph 2, a multiple entry visa valid for up to five years may be issued to applicants who prove the need or justify their intention to travel frequently
Amendment 199 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point c Regulation (EC) No 810/2009 Article 24 – paragraph 2 c 2c. Without prejudice to paragraph 2, a multiple entry visa valid for up to five years may be issued to applicants who prove the need or justify their intention to travel frequently and/or regularly, such as educational, sports and culture professionals, provided that they prove their integrity and reliability, in particular the lawful use of previous visas, their economic situation in the country of origin and their genuine intention to leave the territory of the Member States before the expiry of the visa for which they have applied. (This amendment applies throughout the text.)
Amendment 200 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point c Regulation (EC) No 810/2009 Article 24 – paragraph 2 c 2c. Without prejudice to paragraph 2, a multiple entry visa valid for up to five years
Amendment 201 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point c Regulation (EC) No 810/2009 Article 24 – paragraph 2 d 2d. Where necessary on the basis of the assessment referred to in paragraph 2b, the Commission shall by means of
Amendment 202 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 – point c Regulation (EC) No 810/2009 Article 24 – paragraph 2 d 2d. Where necessary on the basis of the assessment referred to in paragraph 2b, the Commission shall by means of implementing acts adopt the rules regarding the condition for the issuing of multiple-entry visas laid down in paragraph 2 to be applied in each jurisdiction in order to take account of local circumstances
Amendment 203 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 a (new) Regulation (EC) No 810/2009 Article 25 – paragraph 5 a (17a) In Article 25 the following new paragraph is added: ‘5a. 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 Article 2(a) of Directive 2011/95/EU. The relevant provisions of this Regulation shall apply with the exception of Articles 12, 15, 17 and 30. The Commission shall be empowered to adopt an implementing act, in accordance with the examination procedure referred to in Article 52(2), concerning the specific conditions and procedures for issuing such visas, insofar as it is necessary in order to take into consideration the particular circumstances of persons seeking international protection and of consulates and embassies of Member States.’
Amendment 204 #
Proposal for a regulation Article 1 – paragraph 1 – point 17 b (new) Regulation (EC) No 810/2009 Article 25 a (17b) The following new Article is inserted: ‘Article 25a 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.’
Amendment 205 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 Amendment 206 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a Amendment 207 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a 1. Article 14 (6), Article 16(1) and (5), point (b), Article 23(1), and Article 24(
Amendment 208 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 1 1.
Amendment 209 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 1 a (new) 1a. Article 16(1b) shall apply to applicants who are nationals of a third country that is considered to be cooperating sufficiently with Member States on the readmission of irregular migrants, on the basis of relevant and objective data, in accordance with this Article.
Amendment 210 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 2 2. The Commission shall regularly – at least once a year – assess third countries' cooperation with regard to readmission, taking account, in particular, of the following indicators:
Amendment 211 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 2 2. The Commission shall regularly, at least once a year, assess third countries' cooperation with regard to readmission, taking account, in particular, of the following indicators:
Amendment 212 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 2 – point c (c) the number of readmission requests by Member State accepted by the third country as a percentage of the number of such applications submitted to it.
Amendment 213 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph c a (new) (ca) the level of practical cooperation in the area of return cooperation in the different stages of the return procedure, such as: (i) assistance provided in the identification of persons illegally staying on the territory of the Member States and in the timely issuance of travel documents; (ii) acceptance of the EU travel document or laissez-passer; (iii) acceptance of charter flights; (iv) acceptance of joint return operations. Such an assessment shall be based on the use of reliable data provided by Member States, as well as by Union’s institutions, organs, bodies and Agencies. The Commission shall regularly, at least once a year, publish its assessment.
Amendment 214 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 2 a (new) 2a. The Commission shall inform the Council and the European Parliament of the results of that analysis.
Amendment 215 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 3 3. A Member State may also notify the Commission if it is confronted with substantial and persisting practical problems in the cooperation with a third country in the readmission of irregular migrants on the basis of the same indicators as those listed in paragraph 2. The Commission shall immediately inform the Council and the European Parliament about the notification.
Amendment 216 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 4 4. The Commission shall examine any notification made pursuant to paragraph 3 within a period of one month. The Commission shall inform the Council and the European Parliament of the results of its examination.
Amendment 217 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 4. The Commission shall examine any notification made pursuant to paragraph 3 within a period of one month. The Commission shall inform the Council and the European Parliament of the results of that analysis.
Amendment 218 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 4 (4) The Commission shall examine any notification made pursuant to paragraph 3 within a period of
Amendment 219 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 5 5. Where, on the basis of the analysis referred to in paragraphs 2 and 4, and taking into account the steps taken by the Commission to improve the level of cooperation of the third country concerned in the field of readmission, the Union’s overall relations with that third country, as well as its overall cooperation in the field of migration, the Commission decides that a country is not cooperating sufficiently
Amendment 220 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 5 5. Where, on the basis of the analysis referred to in paragraphs 2 and 4, the Commission decides that a country is not cooperating sufficiently, and that action is therefore needed, it may, taking also account of the Union’s overall relations with the third country concerned and the importance of allowing certain categories of professional travellers such as seafarers to continue to benefit from the full facilitations offered by the code, adopt an implementing act, in accordance with the examination procedure referred to in Article 52(2):
Amendment 221 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 5 5. Where, on the basis of the analysis referred to in paragraphs 2 and 4, the Commission decides that a country is cooperating or is not cooperating sufficiently, and that action is therefore needed in accordance with paragraphs 1 and 1a, it may, taking also account of the Union’s overall relations with the third country concerned, adopt an implementing act, in accordance with the examination procedure referred to in Article 52(2):
Amendment 222 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 5 – point (a) (a) temporarily suspending the application of
Amendment 223 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) 810/2009 Article 25 a – paragraph 5– point b (b) applying the visa fee set out in Article 16(
Amendment 224 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EC) No 810/2009 Article 25 a – paragraph 6 6. The Commission shall continuously assess and report on the basis of the indicators set out in paragraph 2 whether significant improvement in the given third country's cooperation on readmission of irregular migrants can be established and, taking also account of the Union’s overall relations with the third country concerned, may decide to repeal or amend the implementing act referred to in paragraph 5.
Amendment 225 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 a (new) Regulation (EC) No 810/2009 Article 30 (20a) Article 30
Amendment 226 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 – point -a (new) Regulation (EC) No 810/2009 Article 32 – paragraph 1 – point (ii) (-a) in Article 32, paragraph 1, point (ii) is amended "(ii) does not provide justification for the purpose
Amendment 227 #
Amendment 228 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 – point a a (new) Regulation (EC) No 810/2009 Article 32 – paragraph 1 – point a (aa) in Article 32, paragraph 1, sub- paragraph (vi) is amended ‘(vi) is considered to be a threat to
Amendment 229 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 – point a b (new) Regulation (EC) No 810/2009 Article 32 – paragraph 1 – point vii (
Amendment 230 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 – point a c (new) Regulation (EC) No 810/2009 Article 32 – paragraph 1 – point (b) (
Amendment 231 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 – point b Regulation (EC) No 810/2009 3. Applicants who have been refused a visa shall have the right to appeal which shall, at a certain stage of the proceedings, guarantee an effective judicial 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 VI, in a language the applicants understand or are reasonably supposed to understand.;
Amendment 232 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 – point b Regulation (EC) No 810/2009 Article 32 – paragraph 3 3. Applicants who have been refused a visa shall have the right to appeal which shall, at a certain stage of the proceedings, guarantee an effective judicial 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. Member States shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal, as specified in Annex VI
Amendment 233 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 – point b Regulation (EC) No 810/2009 Article 32 – paragraph 3 a 3a. The standard form for notifying and motivating refusal, annulment or revocation of a visa set out in Annex VI shall be available, as a minimum, in the following languages: (a) the official language(s) of the Member State for which a visa is requested; and (b) the official language(s) of the host country. In addition to the language(s) referred to in point (a), the form may be made available in any other official language(s) of the institutions of the European Union.; A translation of this form into the official language(s) of the host country shall be produced under local Schengen cooperation provided for in Article 48.
Amendment 234 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 a (new) Regulation (EC) No 810/2009 Article 34 – paragraph 2 (22a) in Article 33, paragraph 2 is amended ‘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.
Amendment 235 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 b (new) Regulation (EC) No 810/2009 Article 32 – paragraph 6 (22b) in Article 34, paragraph 6 is amended ‘6. A decision on annulment or revocation of a visa and the reasons on which it is based shall be notified to the applicant
Amendment 236 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 c (new) Regulation (EC) No 810/2009 Article 34 – point 7 (22c) in Article 34, paragraph 7 is amended ‘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.
Amendment 237 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 d (new) Regulation (EC) No 810/2009 Article 34 – paragraph 8 (22d) Article 34, paragraph 8 ‘8. Information on an annulled or a revoked visa shall be entered into the VIS
Amendment 238 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 e (new) Regulation (EC) No 810/2009 Article 35 – paragraph 1 – point (d) (new) (22e) in Article 35, paragraph 1, point (d) is added ‘(c) the applicant’s return to his country of origin or residence or transit through States other than Member States fully implementing the Schengen acquis is assessed as certain.
Amendment 239 #
Proposal for a regulation Article 1 – paragraph 1 – point 24 Regulation (EC) No 810/2009 Article 36 a Amendment 240 #
Proposal for a regulation Article 1 – paragraph 1 – point 24 Regulation (EC) No 810/2009 Article 36 a Amendment 241 #
Proposal for a regulation Article 1 – paragraph 1 – point 24 Regulation (EC) No 810/2009 Article 36 a Amendment 242 #
Proposal for a regulation Article 1 – paragraph 1 – point 24 Regulation (EC) No 810/2009 Article 36 a Amendment 243 #
Proposal for a regulation Article 1 – paragraph 1 – point 24 Regulation (EC) No 810/2009 Article 36 a – paragraph 2 2. The duration of the scheme shall be limited to four months in any calendar year and the categories of beneficiary shall be
Amendment 244 #
Proposal for a regulation Article 1 – paragraph 1 – point 24 a (new) Regulation (EC) No 810/2009 Article 37 – paragraph 1 Amendment 245 #
Proposal for a regulation Article 1 – paragraph 1 – point 24 b (new) Regulation (EC) No 810/2009 Article 37 – point 2 (24b) in Article 37, paragraph 2 is amended ‘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.
Amendment 246 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 Regulation (EC) No 810/2009 Article 37 – point 3 Individual application files shall be kept for a m
Amendment 247 #
Proposal for a regulation Article 1 – paragraph 1 – point 26 Regulation (EC) No 810/2009 Article 38 – paragraph 1 a Amendment 248 #
Proposal for a regulation Article 1 – paragraph 1 – point 26 a (new) Regulation (EC) No 810/2009 Article 38 – paragraph 4 a (new) 4a. The Member States shall ensure that consulates have an appropriate appeals procedure in place for visa applicants, and that visa applicants have the necessary information in a language they understand, or a language they can reasonably be expected to understand. The consulates concerned, and, where applicable, the external service provider, shall publish information on this procedure clearly on their website. They shall also ensure that a record of complaints is kept.
Amendment 249 #
Proposal for a regulation Article 1 – paragraph 1 – point 26 b (new) Regulation (EC) No 810/2009 Article 39 – paragraph 1 (26b) in Article 39, paragraph 1 is amended ‘1. Member States’ consulates shall ensure that applicants are received courteously.
Amendment 250 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 a (new) (27a) in Article 39, paragraph 3 is amended ‘3. While performing their tasks, consular staff shall not discriminate against persons on grounds of
Amendment 251 #
Proposal for a regulation Article 1 – paragraph 1 – point 27 Regulation (EC) No 810/2009 Article 40 – paragraph 2 – point (a) (a) equip their consulates and authorities responsible for issuing visas at the borders with the requisite material for the collection of
Amendment 252 #
Proposal for a regulation Article 1 – paragraph 1 – point 28 a (new) Regulation (EC) No 810/2009 (28a) Article 42
Amendment 253 #
Proposal for a regulation Article 1 – paragraph 1 – point 29 – point b Regulation (EC) No 810/2009 Article 43 – paragraph 6 Amendment 254 #
Proposal for a regulation Article 1 – paragraph 1 – point 29 – point b a (new) Regulation (EC) No 810/2009 Amendment 255 #
Proposal for a regulation Article 1 – paragraph 1 – point 29 – point c Regulation (EC) No 810/2009 Article 43 – paragraph 7 7. Where, on an exceptional basis, an external service provider is used, the Member State(s) concerned shall assess the solvency and reliability of the company, including the necessary licences, the company’s statutes and its bank contracts, and ensure that there is no conflict of interests. When selecting an external service provider, the Member State concerned shall assess the reliability and solvency of the organisation or company and ensure that there is no conflict of interests. The scrutiny shall include, as appropriate, the necessary licences,
Amendment 256 #
Proposal for a regulation Article 1 – paragraph 1 – point 29 – point d Regulation (EC) No 810/2009 Article 43 – paragraph 9 9. The Member State
Amendment 257 #
Proposal for a regulation Article 1 – paragraph 1 – point 30 Regulation (EC) No 810/2009 Article 44 – paragraph 1 1. In the case of cooperation among Member States and cooperation with an external service provider
Amendment 258 #
Proposal for a regulation Article 1 – paragraph 1 – point 31 – point b Regulation (EC) No 810/2009 Article 45 – paragraph 3 3. Accredited commercial intermediaries shall be monitored regularly by spot checks involving face-to-face or telephone interviews with applicants
Amendment 259 #
Proposal for a regulation Article 1 – paragraph 1 – point 31 – point b a (new) Regulation (EC) No 810/2009 Article 45 – paragraph 4 (ba) in Article 45, paragraph 4 is amended ‘4. Within local Schengen cooperation,
Amendment 260 #
Proposal for a regulation Article 1 – paragraph 1 – point 31 – point b b (new) Regulation (EC) No 810/2009 Article 45 – paragraph 5 (bb) in Article 45, paragraph 5 ‘5. Within local Schengen cooperation, lists shall be exchanged of
Amendment 261 #
Proposal for a regulation Article 1 – paragraph 1 – point 32 a (new) Regulation (EC) No 810/2009 (
Amendment 262 #
Proposal for a regulation Article 1 – paragraph 1 – point 33 – point b Regulation (EC) 810/2009 Article 48 – paragraph 1 a – point (c) (c) ensure a common translation of the application form, and of the standard form for notifying and giving reasons for refusal, annulment or revocation of a visa, where relevant;
Amendment 263 #
(c) ensure a common translation of the application form, in one or more of the official languages of the European Union institutions, where relevant;
Amendment 264 #
Proposal for a regulation Article 1 – paragraph 1 – point 33 – point b Regulation (EC) No 810/2009 Article 48 – paragraph 1 a – point f Amendment 265 #
Proposal for a regulation Article 1 – paragraph 1 – point 33 – point d Regulation (EC) No 810/2009 Article 48 – paragraph 3 – point (a) Amendment 266 #
Proposal for a regulation Article 1 – paragraph 1 – point 33 – point d Regulation (EC) No 810/2009 Article 48 – paragraph 3 – point b (b) information with regard to
Amendment 267 #
Proposal for a regulation Article 1 – paragraph 1 – point 33 – point d Regulation (EC) No 810/2009 Article 48 – paragraph 3 – point (b) (b) information with regard to the assessment of
Amendment 268 #
Proposal for a regulation Article 1 – paragraph 1 – point 33 – point d Regulation (EC) No 810/2009 Article 48 – paragraph 3 – point (b) – (i) Amendment 269 #
Proposal for a regulation Article 1 – paragraph 1 – point 33 – point d Regulation (EC) No 810/2009 Article 48 – paragraph 3 – point (b) – (ii) Amendment 270 #
Proposal for a regulation Article 1 – paragraph 1 – point 33 – point d Regulation (EC) No 810/2009 Article 48 – paragraph 3 – point (iv) (iv)
Amendment 271 #
Proposal for a regulation Article 1 – paragraph 1 – point 33 – point d Regulation (EC) No 810/2009 Article 48 – paragraph 3 – point (b) – (vi) (vi) trends in refusals and the reasons therefor;
Amendment 272 #
Proposal for a regulation Article 1 – paragraph 1 – point 33 – point d Regulation (EC) No 810/2009 Article 48 – paragraph 3 – point (d) Amendment 273 #
Proposal for a regulation Article 1 – paragraph 1 – point 33 – point e Regulation (EC) No 810/2009 Article 48 – paragraph 6 a 6a. An annual report shall be drawn up within each jurisdiction by 31 December each year, incorporating the outcomes of the local cooperation meetings referred to in paragraph 5 above. On the basis of these reports, the Commission shall draw up an annual report on the state of local Schengen cooperation to be submitted to the European Parliament and the Council.
Amendment 274 #
Proposal for a regulation Article 1 – paragraph 1 – point 34 a (new) Regulation (EC) No 810/2009 Article 49 (34a) Article 49 is amended ‘Article 49 Arrangements in relation to
Amendment 275 #
Proposal for a regulation Article 1 – paragraph 1 – point 35 Regulation (EC) No 810/2009 Article 50 a – point 4 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously and without delay to the European Parliament and to the Council.
Amendment 276 #
Proposal for a regulation Article 1 – paragraph 1 – point 35 Regulation (EC) No 810/2009 Article 50 b – 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 be forwarded simultaneously and without delay and shall state the reasons for the use of the urgency procedure.
Amendment 277 #
Proposal for a regulation Article 2 – paragraph 1 1. T
Amendment 278 #
Proposal for a regulation Article 2 – paragraph 1 1. T
Amendment 279 #
Proposal for a regulation Article 2 – paragraph 2 a (new) 2a. No later than one year after [the date of entry into force of this Regulation], the Commission shall submit an evaluation report to the European Parliament and to the Council on the abolition of visa stickers and the introduction of the digital visa making it possible for a Schengen visa to be issued simply by registering it in the VIS and sending an electronic notification to the applicant.
Amendment 280 #
Proposal for a regulation Annex I a (new) Regulation (EC) No 810/2009 Annex II Annex II is amended ‘The supporting documents referred to in Article 14
Amendment 281 #
Proposal for a regulation Annex I b (new) Regulation (EC) No 810/2009 Annex IV is deleted. A
Amendment 283 #
Proposal for a regulation Annex III Regulation (EC) 810/2009 Annexe VI – point 16 Amendment 284 #
Proposal for a regulation Annex IV a (new) Regulation (EC) No 810/2009 Annex XI ‘ANNEX XI SPECIFIC PROCEDURES AND CONDITIONS FACILITATING THE ISSUING OF VISAS TO MEMBERS OF THE
Amendment 49 #
Proposal for a regulation Recital 1 (1) The European Union’s common short-stay visa policy has been an integral part to the establishment of an area without internal borders.
Amendment 50 #
Proposal for a regulation Recital 1 (1) The European Union’s common short-stay visa policy has been an integral part to the establishment of an area without internal borders. Visa policy should remain an essential tool for facilitating tourism and business
Amendment 51 #
Proposal for a regulation Recital 1 (1) The European Union’s common short-stay visa policy has been an integral part to the establishment of an area without internal borders. Visa policy should remain an essential tool for facilitating tourism and business, while helping counter security risks and
Amendment 52 #
Proposal for a regulation Recital 2 Amendment 53 #
Proposal for a regulation Recital 2 (2) The Union should use its visa policy in its cooperation with third
Amendment 54 #
Proposal for a regulation Recital 2 (2) The Union should
Amendment 55 #
Proposal for a regulation Recital 2 a (new) (2a) Despite numerous calls from the European Parliament in particular for new safe and legal access arrangements for migrants and refugees seeking to come to Europe, there is still no genuine harmonised European right of asylum and no legal framework for European humanitarian visas, these being the sole responsibility of the Member States. However, all consulates should be able to grant the opportunity to enter the European Union safely to any person seeking special protection on the basis of the exceptions provided for in this Regulation on humanitarian grounds or in order to comply with international obligations, in particular the 1951 Convention Relating to the Status of Refugees.
Amendment 56 #
Proposal for a regulation Recital 2 a (new) (2a) When applying this Regulation, Member States should respect their respective obligations under international law, in particular the United Nations Convention relating to the Status of Refugees, 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 57 #
Proposal for a regulation Recital 2 a (new) (2a) A short-term residence permit such as a visa is not an appropriate asylum instrument; article 25 of Regulation (EC) No 810/2009 clearly states already that if a Member State considers it necessary to issue visas on humanitarian grounds, for reasons of national interest or because of international obligations, they have the competence to do so.
Amendment 58 #
Proposal for a regulation Recital 2 b (new) (2b) The precise definition of a distinction between legal and illegal migration is the basis of a well- functioning common European asylum policy.
Amendment 59 #
Proposal for a regulation Recital 4 (4) The visa application procedure should be as easy as possible for applicants, so as to guarantee freedom of movement and the right to leave the State from which they originally come or in which they reside, without causing discrimination among different countries of origin. It should be clear which Member State is competent for examining an application for a visa in particular where the intended visit covers several Member States. Where possible, Member States should allow for application forms to be completed and submitted electronically. Deadlines should be clearly established for the various steps of the procedure in particular to allow travellers to plan ahead and avoid peak seasons in consulates.
Amendment 60 #
Proposal for a regulation Recital 4 a (new) (4a) The issuing of a visa to a person seeking protection constitutes a means of allowing such person to access the territory of 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 protection. For such persons, Member States should make use of the exemptions on humanitarian grounds or because of international obligations provided for in this Regulation.
Amendment 61 #
Proposal for a regulation Recital 4 a (new) (4a) Visa applications and decisions on applications are examined and taken by consulates. Member States should ensure that they are present or represented by another Member State in third countries whose nationals are subject to the visa requirement and ensure that consulates have sufficient knowledge of the local situation to ensure the integrity of the visa application procedure.
Amendment 62 #
Proposal for a regulation Recital 5 Amendment 63 #
Proposal for a regulation Recital 5 Amendment 64 #
(5) Member States should
Amendment 65 #
Proposal for a regulation Recital 6 (6) The visa fee should ensure that sufficient financial resources are available to cover the expenses of visa processing, including appropriate structures and sufficient staff to ensure the quality and integrity of the examination of visa applications.
Amendment 66 #
Proposal for a regulation Recital 6 (6) The visa fee should help to ensure
Amendment 67 #
Proposal for a regulation Recital 6 a (new) (6a) The arrangements for the reception of applicants should duly respect human dignity and fundamental rights, as referred to in the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms. Visa applications should be processed on a non-discriminatory basis and in a professional manner which respects applicants.
Amendment 68 #
Proposal for a regulation Recital 7 Amendment 69 #
Proposal for a regulation Recital 7 (7) To ensure that nationals of third countries subject to the visa requirement can lodge their visa application in their place of residence even if no Member State is present for the purpose of collecting applications,
Amendment 70 #
Proposal for a regulation Recital 7 (7) To ensure that nationals of third countries subject to the visa requirement can lodge their visa application
Amendment 71 #
Proposal for a regulation Recital 8 Amendment 72 #
Proposal for a regulation Recital 9 (9) In order to lessen the administrative burden on Member States’ consulates and to facilitate smooth travel for frequent or regular travellers, multiple-entry visas with a long period of validity should be issued according to objectively determined common criteria, without discrimination, and not be limited to specific travel purposes or categories of applicants. It should be presumed that applicants who have obtained and lawfully used two visas within the 24 months preceding the date of application fulfil the entry conditions.
Amendment 73 #
Proposal for a regulation Recital 10 (10) Given the differences in local circumstances
Amendment 74 #
Proposal for a regulation Recital 10 (10) Given the differences in local circumstances
Amendment 75 #
Proposal for a regulation Recital 10 (10) Given the differences in local circumstances notably with regard to migratory and security risks, as well as the relationships that the Union maintains with specific countries, Member States' diplomatic missions and consular posts in individual locations should assess the need to adapt the general provisions to allow for
Amendment 76 #
Proposal for a regulation Recital 10 a (new) (10a) The possibility to apply for a European humanitarian visa directly at any consulate or embassy of the Member States should be established.
Amendment 77 #
Proposal for a regulation Recital 11 Amendment 78 #
Proposal for a regulation Recital 11 Amendment 79 #
Proposal for a regulation Recital 11 (11) In case of satisfactory cooperation or a lack of cooperation
Amendment 80 #
Proposal for a regulation Recital 11 (11) In case of lack of cooperation of certain third countries to readmit their nationals apprehended in an i
Amendment 81 #
Proposal for a regulation Recital 12 (12) Applicants who have been refused a visa should have the right to appeal which should, at a certain stage of the
Amendment 82 #
Proposal for a regulation Recital 12 (12) Applicants who have been refused a visa should have the right to appeal which should
Amendment 83 #
Proposal for a regulation Recital 13 (13) The possibility of issuing
Amendment 84 #
Proposal for a regulation Recital 13 (13) The issuing of visas at the external border should
Amendment 85 #
Proposal for a regulation Recital 13 (13) The issuing of visas at the external border should remain exceptional. However, to promote short term tourism, Member States should be authorised to
Amendment 86 #
Proposal for a regulation Recital 13 a (new) (13a) This Regulation respects fundamental rights and observes the rights and principles recognised in particular by international treaties and the Charter of Fundamental Rights of the European Union. In particular, it seeks to ensure full respect for the right to protection of personal data as set out in Article 16 TFEU, the right to private and family life as set out in Article 7, the right to asylum as set out in Article 18 and the rights of the child as set out in Article 24 of that Charter, and protection of vulnerable publics.
Amendment 87 #
Proposal for a regulation Recital 14 (14) Local Schengen cooperation is crucial for the harmonised application of the common visa policy
Amendment 88 #
Proposal for a regulation Recital 14 (14) Local Schengen cooperation is crucial for the harmonised application of the common visa policy and for proper assessment of migratory and security risks. Cooperation and exchanges among Member States’ diplomatic missions and consular posts in individual locations should be coordinated by Union Delegations. They should assess the operational application of specific provisions in the light of local circumstances
Amendment 89 #
Proposal for a regulation Recital 15 (15)
Amendment 90 #
Proposal for a regulation Recital 16 (16) 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 suited to local circumstances in order to increase geographical consular coverage
Amendment 91 #
Proposal for a regulation Recital 16 (16)
Amendment 92 #
Proposal for a regulation Recital 17 (17) Electronic visa application systems developed by Member States help to facilitate application procedures for applicants and consulates.
Amendment 93 #
Proposal for a regulation Recital 27 a (new) (27a) The necessary measures shall be taken to implement this Regulation. The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for the purposes of making technical amendments to the Annexes to this Regulation.
Amendment 94 #
Proposal for a regulation Recital 27 b (new) (27b) Appropriate measures should be adopted for the monitoring and evaluation of this Regulation in relation to harmonisation of the processing of visa applications. Monitoring and evaluation should also seek to monitor full respect for fundamental rights by Member States when processing applications, as well as the application of the principle of non- discrimination and the protection of personal data.
Amendment 95 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 Regulation (EC) No 810/2009 Article 1 – paragraph 1 1. This Regulation establishes the conditions and procedures for issuing visas for intended stays on the territory of the Member States not exceeding 90 days in any 180-days period, and intended stays by Sport and Culture Professionals for up to one year without staying more than 90 days in any 180-day period in any single Member State.
Amendment 96 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 a (new) Regulation (EC) No 810/2009 Article 1 – paragraph 3 Amendment 97 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point b a (new) Regulation (EC) No 810/2009 Article 2 – paragraph 3 – point (5) (
Amendment 98 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point d Regulation (EC) No 810/2009 Article 2 – 12 a (new) 12a. Sport and Culture Professionals: Third-country nationals who are not citizens of the Union within the meaning of Article 20(1) of the Treaty, and belong to the following categories: performing artists and their support staff, elite sports persons and their support staff and, where applicable, family members of those categories, who have been able to demonstrate clearly the administrative and logistical obstacles to organising a tour or a competition in several Member States in the Schengen area lasting more than three months.
Amendment 99 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Regulation (EC) No 810/2009 Article 2 – point 4 source: PE-629.584
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