Activities of Henrik LAX related to 2006/0142(COD)
Plenary speeches (1)
Community Code on Visas (debate)
Reports (1)
REPORT Draft proposal for a regulation of the European Parliament and of the Council establishing a Community Code on Visas PDF (322 KB) DOC (337 KB)
Amendments (28)
Amendment 13 #
Proposal for a regulation
Recital 13
Recital 13
(13) First time applicants should not be allowed to submit applications via commercial intermediaries, such as travel agencies. The applicant should appear in person for the first enrolment of biometric identifiers. In order to facilitate the procedure of any subsequent application, it should be possible to copy the biometric data from the first application within a time frame of 4859 months taking into account the retention period laid down in the VIS. After this period the biometric identifiers should be captured again.
Amendment 14 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. A multiple-entry visa shall be issued only in the applicant's country of residence unless the applicant can demonstrate that an exception is necessary. In such exceptional cases, the visa may also be issued in another third country with the prior consent of the responsible diplomatic mission or consular post in the applicant's country of residence.
Amendment 15 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point (a)
Article 5 – paragraph 1 – subparagraph 1 – point (a)
(a) the diplomatic mission or consular post of the sole Member State in whose territory the sole or main destination of the visit is located,of destination or, where several Member States are to be visited, the diplomatic mission or consular post of any of the Member States of destination. An airport transit shall not qualify as a visit or as a reason to submit a visa application at the diplomatic mission or consular post of the Member State in whose territory the transit is taking place; or
Amendment 16 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point (b)
Article 5 – paragraph 1 – subparagraph 1 – point (b)
(b) if the Member State of main destination cannot be determined, the diplomatic mission or consular post of another Member State whose external border the applicant intends to cross in order to enter into the territory of the Member Statesrepresenting the Member State of destination or any of the Member States of destination under the terms of an arrangement pursuant to Article 7(2a) or (2b).
Amendment 17 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Amendment 18 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Member States lacking their own representation in a third country shall conclude arrangements on representation with other Member States that do have diplomatic missions or consular posts in that country.
Amendment 19 #
Proposal for a regulation
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
2b. With a view to ensuring that poor transport infrastructure or long distances in a specific region or geographical area does not require a disproportionate effort on the part of visa applicants to have access to a diplomatic mission or consular post, Member States lacking their own representation in that region or area shall conclude arrangements on representation with other Member States that do have diplomatic missions or consular posts in that region or area. Guidelines as to whether a journey to a diplomatic mission or consular post would involve disproportionate effort shall be drawn up for each host country within the framework of local consular cooperation. Those guidelines shall take into account, inter alia, distances and transport infrastructure and shall be made public.
Amendment 20 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Such consultation shall be without prejudice to the time limit for examining visa applications, set out in Article 20(1). In exceptional cases this time limit may be extended in the light of information obtained from the consultation so that further enquiries can be made.
Amendment 21 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The central authorities consulted shall react within threfive working days of receiving the request. The absence of a reply from the consulted authorities within this deadline shall be deemed an authorisation for the consulting central authorities to allow their diplomatic mission or consular post to issue the visa.
Amendment 22 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Applicants may be required to obtain an appointment for the submission of an application. This appointment may be arranged directly with the diplomatic mission or consular post or where applicable, via an intermediary. The appointment shall, as a rule, take place within two weeks.
Amendment 23 #
Proposal for a regulation
Article 12 – paragraph 1 – point (b)
Article 12 – paragraph 1 – point (b)
(b) present a valid travel document the expiry date of which mustshall be at least three months after the intended departure from the territory of the Member States, and which contains one or more free pages for affixing the visa;
Amendment 24 #
Proposal for a regulation
Article 16 – paragraph 4 – point (b a) (new)
Article 16 – paragraph 4 – point (b a) (new)
(ba) participants in student exchange programmes;
Amendment 25 #
Proposal for a regulation
Article 16 – paragraph 4 – point (c a) (new)
Article 16 – paragraph 4 – point (c a) (new)
(ca) participants aged 25 and under in not-for-profit sports, cultural or civil society events;
Amendment 26 #
Proposal for a regulation
Article 16 – paragraph 4 – point (c b) (new)
Article 16 – paragraph 4 – point (c b) (new)
(cb) persons proving their need to travel on humanitarian grounds, inter alia when their life is at risk and their country of residence cannot provide the necessary medical treatment, and the persons accompanying them.
Amendment 27 #
Proposal for a regulation
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. Without prejudice to paragraph 4(a), families travelling with more than two children shall not be required to pay the handling fee in respect of more than two children.
Amendment 28 #
Proposal for a regulation
Article 16 – paragraph 4 b (new)
Article 16 – paragraph 4 b (new)
4b. The handling fee shall be half the normal fee in respect of subsequent applications within the period referred to in the first sentence of Article 11(2).
Amendment 29 #
Proposal for a regulation
Article 18 – paragraph 2 – point (a) (new)
Article 18 – paragraph 2 – point (a) (new)
(a) When it is considered necessary to call an applicant for an interview, the decision on the application shall be based on a one-stop procedure where the journey to the diplomatic mission or consular post from the applicant’s ordinary place of residence would involve disproportionate effort in accordance with the guidelines referred to in Article 7(2b).
Amendment 30 #
Proposal for a regulation
Article 18 – paragraph 2 – point (b) (new)
Article 18 – paragraph 2 – point (b) (new)
(b) Telephone interviews and video calls may be allowed in certain cases, inter alia, where the applicant has a positive visa history in accordance with Article 42c or where the journey to the diplomatic mission or consular post from the applicant’s ordinary place of residence would involve disproportionate effort in accordance with the guidelines referred to in Article 7(2b).
Amendment 31 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1 and subparagraph 2, introductory part
Article 20 – paragraph 3 – subparagraph 1 and subparagraph 2, introductory part
3. MThe diplomatic missions or consular posts shall issue a multiple-entry visas, entitling the holder to several entries, three month stays or several transits during any half-year, may be issuedwith a period of validity of 12 months where the application is approved. In duly justified cases, a multiple-entry visa with a period of validity of more than 12 months up to a maximum of 5 years may be issued. In duly justified cases, where issuing a multiple-entry visa is not appropriate, a single-entry visa with a period of validity of 6 months may be issued. The following criteria are in particular relevant for taking the decision to issue such visamultiple-entry visas with a validity of more than 12 months:
Amendment 32 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 2 – point (a)
Article 20 – paragraph 3 – subparagraph 2 – point (a)
(a) the applicant's need to travel frequently and/or regularly due to his/her occupational or family status, such as businessmen and women, civil servants engaged in regular official contacts with Member States and the Community institutions, family members of citizens of the Union, members of the family of third country nationals residing in Member States, seafarers, professional drivers who regularly cross borders and participants in exchange programmes and in other regular civil society activities,
Amendment 33 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The central authorities of the Member State whose diplomatic mission or consular post has issued LTVs in the cases described in points (a) and (b) of the first subparagraph of paragraph 1 shall immediately circulate the relevant information to the central authorities of the other Member States. Where, in the case referred to in point (b) of the first subparagraph of paragraph 1, the Member State consulted under the prior consultation procedure has raised objections, the central authorities of the consulted Member State shall be provided with the relevant information in sufficient time before the visa is issued.
Amendment 34 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Applicants refused visa shall have the rights to appeal. Where applicants exercise their right to appeal, an in-depth review of the decision and of the reasons for refusal shall be undertaken. The applicant shall be informed of the results of the review as well as be provided with more detailed reasons as to why the visa was refused. Appeals shall be conducted in accordance with national law. A written indication of contact points able to provide information on representatives competent to act on behalf of the applicants in accordance with national law shall be given to the applicants.
Amendment 35 #
Proposal for a regulation
Article 32 – paragraph 6 a (new)
Article 32 – paragraph 6 a (new)
6a. The provisions on the collection of biometric data pursuant to Article 11 shall apply accordingly, except that the biometric data are to be collected and entered into the VIS by the authorities responsible for issuing visas at the border.
Amendment 36 #
Proposal for a regulation
Article 40 – paragraph 2 – point (c)
Article 40 – paragraph 2 – point (c)
(c) contracts with airlines, which must include outward and guaranteed, fixeredible arrangements for the outward and return journeys.
Amendment 37 #
Proposal for a regulation
Article 41 – paragraph 7 a (new)
Article 41 – paragraph 7 a (new)
7a. A common Schengen visa internet site shall be established in order to further support the application of the common visa policy. This internet site shall also support the handling of the visa procedure. Information to the general public in accordance with paragraphs 1 to 7 shall also be available through the common Schengen visa internet site.
Amendment 38 #
Proposal for a regulation
Article 42 a (new)
Article 42 a (new)
Article 42a Evaluation The Commission shall, within two years of the entry into force of this Regulation, undertake an evaluation of its implementation and of local consular cooperation arrangements between Member States concerning visa procedures. Particular attention shall be paid to the special needs of passenger ferry companies and tourist companies performing and delivering services in the border regions of the Schengen area, the issues of biometrics and provisions aimed at facilitating and simplifying the visa procedure. Following that evaluation, the Commission shall, if necessary, propose amendments to this Regulation.
Amendment 39 #
Proposal for a regulation
Article 42 c (new)
Article 42 c (new)
Article 42c Frequent travellers If the applicant has fully complied with the visa conditions during three consecutive visa periods in the Member States within a five year period (positive visa history), and if the applicant applies for a visa within five years of the expiry of the last of the three required visas, the applicant shall be entitled to benefit from a simplified procedure. The simplified procedure may include the granting of a multiple-entry visa with a longer period of validity, no requirement for an interview, fewer supporting documents and parts of the visa application procedure made possible through the internet. This simplified procedure shall be further outlined in the instructions on the practical application of the Visa Code referred to in Article 45.
Amendment 40 #
Proposal for a regulation
Article 42 d (new)
Article 42 d (new)