31 Amendments of Miguel URBÁN CRESPO related to 2022/0132(COD)
Amendment 56 #
Proposal for a regulation
Recital 6
Recital 6
(6) Visa applicants should be able to apply for a visa online through a single EU platform, regardless of the Member State of destination. This tool should automatically determine which Member State is competent to examine an application, in particular where the applicant intends to visit several Member States. Member States will only need to check whether the tool determined the correct competent Member State. The existence of this tool should not be the only means by which a third country national would be able to apply for a short-stay visa to the EU, hence, Member States should ensure that via their consular authorities.
Amendment 59 #
Proposal for a regulation
Recital 7
Recital 7
(7) The EU online application platform should provide the applicant, in a large variety of languages and in formats that take into account visual impairments, with up-to- date information on Schengen short-stay visas and a guidance tool with which the applicant can find all the necessary information regarding the requirements and procedures, such as, but not limited to, whether a visa is required and what type of visa; the amount of the visa fee; the Member State competent for handling the application; the supporting documents required; the need for an appointment to collect biometrics or the possibility to apply online without an appointment; the relevant national and Union authorities responsible for data protection as well as the necessary information for the third-country national to be able to exercise their rights as data subject under national and Union law. The EU application platform should also allow to establish a secure electronic communication between the applicant and the competent consulate or the central authorities of the competent Member State by electronic means, should additional documents or an interview be required.
Amendment 62 #
Proposal for a regulation
Recital 8
Recital 8
(8) Visa applicants should be able to submit their application, provide data required in the application form, provide a scannedn electronic copy of the travel document, and provide supporting documents and travel medical insurance in digital format through the EU application platform. In order to enable applicants to save information relating to their application, the online application platform should be able to store data temporarily and strictly for as long as this is necessary for the completion of the relevant task. Once the applicant has submitted the online application and the Member States perform the appropriate checks, the application file will be transferred to the national system of the competent Member State and stored there. Consulates would consult the information stored at a national level and push only the required data to the central VIS. The similar should apply for those applications made via other means, directly to a consular authority of a Member State.
Amendment 66 #
Proposal for a regulation
Recital 14
Recital 14
(14) Special provisions which should apply in individual cases because of humanitarian reasons c, should cover all types of digital accessibility issues ensuring that digital illiteracy or limited or no access of the third country national to the digital application platform does not affect their rights or hinder their access to Member States consular authorities.
Amendment 73 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) In certain third countries internet network coverage is still extremely limited. Particular attention should be given to circumstances where several applications are launched from the same location and the same IP address. Flagged IP address should not automatically lead to the disqualification of the visa application and should not constitute the sole reason for refusing it.
Amendment 75 #
Proposal for a regulation
Recital 18
Recital 18
(18) The EU application platform will also contain the appointment tool, which the Member State may decide to use to manage appointments at their consulates or the external service providers. While the use of such tool should remain optional, as it might not be appropriate across all locations and for all consulates, Member States should nevertheless use local Schengen cooperation to discuss whether a harmonised approach regarding the use of the appointment tool could be followed in specific third countries or specific locations. In the event of a Member State deciding to use the appointment tool, this should not become the only means for third country nationals to take up appointments with the Member State's consular authorities.
Amendment 76 #
Proposal for a regulation
Recital 19
Recital 19
(19) The system should notify the applicant if information is missing and the system should provide the applicant with the possibility of correcting the application. The EU application platform should indicate to the applicant, in the official language(s) of the host country or widely spoken unofficial language(s) of the host country, of the admissibility of his/her application via an automated admissibility pre-check. The pre-check should ensure that the information provided fulfils the admissibility requirements for the requested visa. Even if the pre-check concludes that the application is inadmissible, this should be forwarded to the relevant Member State so that it is, in any case, examined.
Amendment 78 #
Proposal for a regulation
Recital 20
Recital 20
(20) Where the competent consulate or the central authorities of the competent Member State finds that it is responsible to examine the application, it should accept it and the data should be imported into the national system from the temporary storage as established by the VIS Regulation and deleted from the temporary storage with the exception of contact data. Each Member State should designate a competent authority which is to be considered the data controller and which should have central responsibility for the processing of data by that Member State. Member States should communicate these authorities to the Commission, eu-LISA and the other Member States.
Amendment 81 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) The architecture of the EU application platform should ensure data protection by design and by default, the respect of the principle of data minimisation and that, when operational, it is implemented in a way that observes access rights as those defined in the relevant existing, national and Union, legislation.
Amendment 83 #
Proposal for a regulation
Recital 20 b (new)
Recital 20 b (new)
(20 b) In order for the personal data inserted in the EU application platform to be of the minimum necessary quality, a specific procedure to verify their quality is necessary. Having a uniform approach to quality check is important not only to ensure an equal level of data quality across the Member States, but also to ensure that applicants have the same treatment when addressing different competent consulates.
Amendment 84 #
Proposal for a regulation
Recital 20 c (new)
Recital 20 c (new)
(20 c) For the short duration of time that the data are in the temporary storage and until they are imported into the national system of the responsible Member State, eu-LISA should be considered the competent authority and the data controller.
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EC) 810/2009
Article 9
Article 9
1a. Applicants shall be able to lodge an application via the EU application platform, as referred to in Chapter Ia of Regulation (EC) No 767/2008.
Amendment 94 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EC)810/2009
Article 9
Article 9
1b. By derogation from paragraph 1a, the following categories of persons mayshall be able to lodge an application without using the EU application platform:
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EC) 810/2009
Article 9 – paragraph 1b – point aa (new)
Article 9 – paragraph 1b – point aa (new)
(a a) third-country nationals who are digitally illiterate or have limited or no access, including due to disabilities, to the digital EU application platform.
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
The Commission shall adopt delegated acts in accordance with Article 51a in order to establish the procedures and requirements to ensure data quality checks of the data entered in the application form by the third-country nationals.
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point a
Article 1 – paragraph 1 – point 21 – point a
Regulation (EC) 810/2009
Article 32 – paragraph 2 – subparagraph 1
Article 32 – paragraph 2 – subparagraph 1
For applications submitted via the EU application platform, information regarding decisions on refusal and the reasons on which it is based shall immediately be notified to the applicant by secure electronic means in accordance with Article 7f(1) of Regulation (EC) No 767/2008. The notification will contain the same information as set out in Annex VI, in the language of the Member State that has taken the final decision on the application, and another official language of the Union and the official language(s) of the Unionhost country or widely spoken unofficial language(s) of the host country.
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point a
Article 1 – paragraph 1 – point 21 – point a
Regulation (EC) 810/2009
Article 32 – paragraph 2 – subparagraph 2
Article 32 – paragraph 2 – subparagraph 2
Member States mayshall add additional documents to the standard notification, justifying the refusal decision and informing the third-country national of the time limits and conditions for lodging an appeal.
Amendment 132 #
Proposal for a regulation
Article 1 – paragraph 1 – point 21 – point b
Article 1 – paragraph 1 – point 21 – point b
Regulation (EC)810/2009
Article 32 – paragraph 3 – subparagraph 1
Article 32 – paragraph 3 – subparagraph 1
Member States shall provide applicants with information regarding the responsible national and Union data protection authorities so that they can exercise their rights as data subjects in accordance with relevant national and Union law as well as the procedure to be followed in the event of an appeal, as specified as specified in Annex VI or in the refusal notification sent via the EU application platform;
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point 28 – point b
Article 1 – paragraph 1 – point 28 – point b
Regulation (EC) 810/2009
Article 43 – paragraph 5 – subparagraph 2
Article 43 – paragraph 5 – subparagraph 2
By way of derogation and excluding any possibility to have access to VIS data, external service providers may have access to the EU application platform via the external service provider gateway referred to in Article 7e of Regulation (EC) No 767/2008 to:
Amendment 151 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Regulation (EC) 767/2008
Article 2 – paragraph 6 – point i
Article 2 – paragraph 6 – point i
(i) an external service provider gateway, logically separated from the VIS in such a way that ensures no access to the VIS data;
Amendment 153 #
(b) appointment tool and other means for taking up appointments, including available slots and contact details;
Amendment 157 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
regulation (EC)767/2008
Article 7b – paragraph 2 – subparagraph 1 – point 8
Article 7b – paragraph 2 – subparagraph 1 – point 8
(8) sexgender;
Amendment 161 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) 767/2008
Article 7b – paragraph 2 – subparagraph 3a (new)
Article 7b – paragraph 2 – subparagraph 3a (new)
Concerning these data, and before their transfer to the national Member State and their deletion form the temporary storage, eu-LISA shall be considered the competent authority and as controller in accordance with Article 4, point (7) of Regulation (EU) 2016/679 and shall have central responsibility for the processing of data.
Amendment 162 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC) 767/2008
Article 7b – paragraph 2 – subparagraph 3b (new)
Article 7b – paragraph 2 – subparagraph 3b (new)
Once the data are transferred to the responsible Member State, this Member State shall be the responsible for them. Every Member State shall designate a competent authority which is to be considered data controller in accordance with Article 4, point (7) of Regulation (EU) 2016/679 and which shall have central responsibility for the processing of data by that Member State. Every Member State shall communicate these authorities to the Commission, to eu-LISA and the other Member States.
Amendment 164 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Regulation (EC)767/2008
Article 7b – paragraph 5
Article 7b – paragraph 5
Amendment 189 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) 767/2008
Article 9 – paragraph 4 – point p
Article 9 – paragraph 4 – point p
Amendment 190 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) 767/2008
Article 9 – paragraph 4 – point pa (new)
Article 9 – paragraph 4 – point pa (new)
(p a) - Flagged IP address shall not automatically lead to the disqualification of the visa application and shall not constitute the sole reason for refusing it.
Amendment 198 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point b
Article 2 – paragraph 1 – point 17 – point b
Regulation (EC)767/008
Article 22o – paragraph 3 – point f
Article 22o – paragraph 3 – point f
Amendment 202 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18 – point b
Article 2 – paragraph 1 – point 18 – point b
Regulation(EC)767/2008
Article 22r – paragraph 3 – point f
Article 22r – paragraph 3 – point f
Amendment 211 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. FiveTwo years after the date of start of operations according to Article 12 of this Regulation, the Commission shall evaluate the operation of the EU application platform. This evaluation shall include an examination of the results achieved against objectives and of the implementation of the provisions of Regulation (EC) No 810/2009 and Regulation (EC) No 767/2008, as amended by this Regulation and any impact on fundamental rights.
Amendment 212 #
Proposal for a regulation
Article 10 – paragraph 1 – point c a (new)
Article 10 – paragraph 1 – point c a (new)
(c a) all necessary authorities for data protection purposes, on national and EU level, have been designated and are provided with the necessary financial and human resources to fulfil their mandate.