49 Amendments of Heinz K. BECKER related to 2014/0094(COD)
Amendment 89 #
Proposal for a regulation
Recital 4
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. A list of the third countries which can take advantage of these facilities should therefore be drawn up. For the purpose of establishing which third countries should be placed on this list, such criteria as illegal immigration, public policy and security, cooperation with regard to repatriation agreements or the European Union’s relations with the third country in question should be applied to make a case-by-case assessment.
Amendment 105 #
Proposal for a regulation
Recital 12
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 or a threat to public policy or internal security, 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.
Amendment 115 #
Proposal for a regulation
Recital 23
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 an disproportionate burden for visa applicants and there is no evidence that holders of short stay visas present a bigger risk In order to avoid payments by applicants for travel medical insurance despite of a possible rejection of the visa application, Member States should also accept travel medical insurance contracts which include a clause under private law requiring terms of public medical expenditure in Member Stateshe insured to pay the premium only when the condition thant the visa exempted third country nationalsis granted has been met.
Amendment 117 #
Proposal for a regulation
Recital 24
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 119 #
Proposal for a regulation
Recital 26
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 couldannot under any circumstances go beyond the validity of the travel document in which it is affixed.
Amendment 120 #
Proposal for a regulation
Recital 27
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. Original documents should only be required in specific caseHowever, it should always be possible for Member States to require original documents.
Amendment 124 #
Proposal for a regulation
Recital 30
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, theyIn exceptional cases – for example in connection with major sporting events or other events of international significance – it should be authorisedpossible 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 limitfor limited periods. In order to enable immigration and border controls to be carried out as smoothly as possible at the external borders during the aforementioned periods, Member States should provide for prior on-line registration for visas to be issued ato the exterritory of the issuing Member Statenal border.
Amendment 129 #
Proposal for a regulation
Recital 36
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 arrangements should be established in compliance with the general principles for issuing visas and with the data protection requirements set out in Directive 95/46/ECcooperation should at the minimum be possible if, because of the circumstances or situation on the ground, other solutions would offer applicants a less well developed range of services. Such arrangements should be established in compliance with the general principles for issuing visas and with the data protection requirements set out in Directive 95/46/EC. Where a Member State has decided to cooperate with an external service provider, it should maintain the possibility for all applicants to lodge applications directly at its diplomatic missions or consular posts except where security considerations do not allow for such a possibility.
Amendment 141 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. 'close relatives' means the spouse, children, parents, or persons exercising parental authority, grandparents and grandchildren;
Amendment 147 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
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 twoand lawfully used three visas within the 128 months prior to the application. The Commission shall be empowered to adopt delegated acts in accordance with Article 48 establishing or amending the list in Annex XY;
Amendment 153 #
Proposal for a regulation
Article 3 – paragraph 3
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 155 #
Proposal for a regulation
Article 3 – paragraph 4 – point a
Article 3 – paragraph 4 – point a
(a) the reason for the planned airport transit visa requirement, substwith explanatiatons regarding the sudden and substantial influx of irregular immigrants or the situation as regards public policy or internal security;
Amendment 159 #
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Member State may prolong the application of the airport transit visa requirement only oncetwice, for 12 months on each occasion, where the lifting of the requirement would lead to a substantial influx of irregular migrants or would have an impact on public policy or internal security. Paragraph 3 shall apply to such prolongation.
Amendment 162 #
Proposal for a regulation
Article 3 – paragraph 8 – point d
Article 3 – paragraph 8 – point d
Amendment 172 #
Proposal for a regulation
Article 7 – paragraph 2
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
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 176 #
Proposal for a regulation
Article 8 – paragraph 1
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 179 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The consulate shall allow to lodge the application either without prior appointment or with an immediate appointment as soon as possible to close relatives of Union citizens who:
Amendment 182 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 185 #
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. In justified cases of urgency, the consulate shallmay allow applicants to lodge their applications either without appointment, or an immediate appointment shall be given as soon as possible.
Amendment 187 #
Proposal for a regulation
Article 8 – paragraph 6 – point c
Article 8 – paragraph 6 – point c
(c) an educational institution which is of recognised integrity and reliability or a similarly recognised professional, cultural, or sports or educational association or instituassociation.
Amendment 189 #
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. AIf possible, an applicant shall not be required to appear in person at more than one location in order to lodge an application.
Amendment 196 #
Proposal for a regulation
Article 9 – paragraph 2
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 months before. In justified cases, the consulate may require a personal appearance by the applicant.
Amendment 199 #
Proposal for a regulation
Article 9 – paragraph 3 – point f a (new)
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 201 #
Proposal for a regulation
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) that least one official language(s) of the host country.
Amendment 214 #
Proposal for a regulation
Article 13 – paragraph 2
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 the two previously obtained visas. In justified cases the consulate may nonetheless require the submission of the documents and information referred to in points (b), (c) and (d) of paragraph 1.
Amendment 215 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 222 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. ThA non-exhaustive 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.
Amendment 226 #
Proposal for a regulation
Article 13 – paragraph 6
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, only where there is doubt about the authenticity of a specific documentstating reasons.
Amendment 230 #
Proposal for a regulation
Article 13 – paragraph 10
Article 13 – paragraph 10
Amendment 231 #
Proposal for a regulation
Article 13 a (new)
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 234 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Applicants shall pay a visa fee of EUR 690.
Amendment 241 #
Proposal for a regulation
Article 14 – paragraph 3 – point e
Article 14 – paragraph 3 – point e
(e) participantrepresentatives of non-profit organisations aged 25 years or less participating in seminars, conferences, sports, cultural or educational events organised by non-profit organisations;
Amendment 244 #
Proposal for a regulation
Article 14 – paragraph 3 – point g
Article 14 – paragraph 3 – point g
Amendment 253 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) the application contains the items referred to in Article 9(3)(a) to (c) and (fa),
Amendment 255 #
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
Amendment 264 #
Proposal for a regulation
Article 18 – paragraph 2
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 conditions regarding the risk of irregular immigration, a risk to the security of the Member States, and the possession of sufficient means of subsistence.
Amendment 266 #
Proposal for a regulation
Article 18 – paragraph 3
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), or in the passport, (such as entry and exit stamps) or in the SIS or on the basis of other evidence. In such cases, the consulates may carry out an interview and request additional documents.
Amendment 279 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Applications shall be decided on within 105 calendar days of the date of the lodging of an application which is admissible in accordance with Article 17.
Amendment 287 #
Proposal for a regulation
Article 20 – paragraph 3
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 510 calendar days of the date of the lodging of an application. That period may be extended by up to a maximum of 10 calendar days in individual cases, notably when further scrutiny of the application is needed.
Amendment 289 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 291 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
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 295 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. VIS registered regular travellers who have lawfully used the two previously obtained visas shallmay be issued a multiple entry visa valid for at least three years.
Amendment 299 #
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Applicants referred to in paragraph 3 who have lawfully used the multiple entry visa valid for three years shallmay be issued a multiple entry visa valid for five years provided that the application is lodged no later than one year from the expiry date of the multiple entry visa valid for three years.
Amendment 300 #
Proposal for a regulation
Article 21 – paragraph 5
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 337 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In view of promoting short term tourismexceptional cases, a Member State may decide to temporarily issue visas at the external border to persons fulfilling the conditions set out in Article 32 (1) (a) and (c).
Amendment 339 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The duration of such a scheme shall be limited to 52 months in any calendar year and the categories of beneficiaries shall be clearly defined.
Amendment 340 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 341 #
Proposal for a regulation
Article 33 – paragraph 4 a (new)
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.