30 Amendments of Bodil VALERO related to 2014/0094(COD)
Amendment 101 #
Proposal for a regulation
Recital 10
Recital 10
(10) It should be presumed that applicants who are registered in VIS and have obtained and lawfully used two visas within the 124 months prior to the application fulfil the entry conditions regarding the risk of irregular immigration and the need to possess sufficient means of subsistence. However, this presumption should be rebuttable where the competent authorities establish that one or more of these conditions are not fulfilled in individual cases.
Amendment 108 #
Proposal for a regulation
Recital 17
Recital 17
(17) Because of the registration of biometric identifiers in the Visa Information System (VIS) as established by Regulation (EC) No 767/2008 of the European Parliament and of the Council13, the appearance of the applicant in person - at least for the first application - should be one of the basic requirements for the application forissuance of a visa. __________________ 13 Regulation (EC) No 767/2008 of the Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
Amendment 113 #
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 terms of public medical expenditure in Member States than the visa exempted third country nationals.
Amendment 125 #
Proposal for a regulation
Recital 31
Recital 31
(31) Arrangements for the reception of applicants should be made with due respect for human dignity. Processing of visa applications should be conducted without discrimination, in a professional and respectful manner and should not go beyond what is necessary in order to achieve the objectives pursued.
Amendment 130 #
Proposal for a regulation
Recital 39
Recital 39
(39) The general public should be given all relevant information in relation to the application for and the use of a visa and the visibility and uniform image of the common visa policy should be improved. To this end a common Schengen visa Internet site should be established and a common template for Member States' information to the public should be drawn up.
Amendment 143 #
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 registered in the Visa Information System and who has obtained two visas within the 124 months prior to the application;
Amendment 157 #
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 once where the lifting of the requirement would lead to a substantial influx of irregular immigrants. Paragraph 3 shall apply to such prolongation.
Amendment 163 #
Proposal for a regulation
Article 3 – paragraph 8 – point f a (new)
Article 3 – paragraph 8 – point f a (new)
(fa) persons in need of international protection;
Amendment 174 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Applications may be lodged six12 months before and no later than 15 calendar days before the start of the intended visit. Where this condition is not met, a consulate shall decide on an application when it is necessary on humanitarian grounds, for reasons of national interest or because of international obligations, as well as in justified cases of emergency.
Amendment 232 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Applicants shall pay a visa fee of EUR 6035.
Amendment 248 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States may, in individual cases, waive or reduce the amount of the visa fee to be charged when this serves to promote cultural or sporting interests as well as interests in the field of foreign policy, development policy and other areas of vital public interest or for humanitarian reas. Member States shall waive the visa fee to be charged for humanitarian reasons or because of international obligations.
Amendment 249 #
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
The visa fee shall be charged in euro, in the national currency of the third country or in the currency usually used in the third country where the application is lodged, and shall not be refundable except, inf the cases referred to in Articles 16(2) and 17(3)visa is not issued.
Amendment 250 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. The applicant shall be given a receipt for the service fee paid.
Amendment 251 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. If the consulate is not competent, it shall, without delin 3 calendar days, return the application form and any documents submitted by the applicant, reimburse the visa fee, and indicate which consulate is competent.
Amendment 254 #
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. Where the competent consulate finds that the conditions referred to in paragraph 1 have not been fulfilled, it shall notify the applicant, indicate the deficiencies and allow the applicant to correct them. If the deficiencies are not corrected, the application shall be inadmissible and the consulate without delay shall:
Amendment 256 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. By way of derogation, an application that does not meet the requirements set out in paragraph 1 mayshall be considered admissible on humanitarian grounds or, for reasons of national interest or because of international obligations.
Amendment 277 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Applications shall be decided on within 107 calendar days of the date of the lodging of an application which is admissible in accordance with Article 17. Applications shall be decided on without delay on humanitarian grounds, for reasons of national interest or because of international obligations.
Amendment 305 #
Proposal for a regulation
Article 22 – paragraph 1 – point a – introductory part
Article 22 – paragraph 1 – point a – introductory part
(a) when the Member State concerned considers itit is necessary on humanitarian grounds, for reasons of national interest or because of international obligations, in particular in order to ensure the international protection of the person concerned in accordance with the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereof, or another act of EU or international law,
Amendment 321 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) if there are reasonablestrong doubts as to the authenticity of the supporting documents submitted by the applicant or the veracity of their contents, the reliability of the statements made by the applicant or his intention to leave the territory of the Member States before the expiry of the visa applied for.
Amendment 322 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. A motivated decision on refusal and the detailed reasons on which it is based shall be notified to the applicant by means of the standard form set out in Annex V.
Amendment 326 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Applicants who have been refused a visa shall have the right to appeal. Appeals shall be instituted against the Member State that has taken the final decision on the application and in accordance with the national law of that Member State. The deadline for appeal shall be at least 30 calendar days. Member States shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal, as specified in Annex V, in a language which he or she understands or is reasonably supposed to understand.
Amendment 330 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The period of validity and/or the duration of stay of an issued visa mayshall be extended if the visa holder provides proof of serious personal reasons justifying the extension of the period of validity or the duration of stay. A fee of EUR 30 shall be charged for such an extension.
Amendment 332 #
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
6. A motivated decision on annulment or revocation of a visa and the detailed reasons on which it is based shall be notified to the applicant by means of the standard form set out in Annex V.
Amendment 333 #
Proposal for a regulation
Article 31 – paragraph 7
Article 31 – paragraph 7
7. A visa holder whose visa has been annulled or revoked shall have the right to appeal, unless the visa was revoked at his request in accordance with paragraph 3. Appeals shall be conducted against the Member State that has taken the decision on the annulment or revocation and in accordance with the national law of that Member State. The deadline for appeal shall be at least 30 calendar days. Member States shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal, as specified in Annex V, in a language which he or she understands or is reasonably supposed to understand.
Amendment 346 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. While performing their tasks, consular staff shall not discriminate against persons on grounds of sexnationality, sex, family status, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Amendment 348 #
Proposal for a regulation
Article 39 – paragraph 3 – introductory part
Article 39 – paragraph 3 – introductory part
3. A bilateral arrangement, the text of which shall be made publicly available, shall be established between the representing Member State and the represented Member State. That arrangement:
Amendment 349 #
Proposal for a regulation
Article 45 – paragraph 1 – point a a (new)
Article 45 – paragraph 1 – point a a (new)
(aa) the amount of the visa fee, applicable waivers and reductions;
Amendment 350 #
Proposal for a regulation
Article 45 – paragraph 1 – point a b (new)
Article 45 – paragraph 1 – point a b (new)
(ab) the use of a visa, expiry, termination and revocation of a visa;
Amendment 351 #
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
(d) details of cooperation with external service providers and accredited commercial intermediaries;
Amendment 352 #
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
4. The Commission shall establish a Schengen visa Internet website containing all relevant information relating to the application for a visa. The website shall be multilingual and be available at least in English, French, Spanish, Arabic, Russian and Chinese with a gradual expansion of other language versions. The website shall provide for a possibility to monitor the progress of the visa application.