36 Amendments of Louis MICHEL related to 2018/0061(COD)
Amendment 61 #
Proposal for a regulation
Recital 4 a (new)
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
Recital 5
Amendment 70 #
Proposal for a regulation
Recital 7
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 applicationsas close as possible to their place of residence, external service providers should be enabled to provide the necessary servicecollect applications for a fee exceeding the general maximum level.
Amendment 79 #
Proposal for a regulation
Recital 11
Recital 11
(11) In case of satisfactory cooperation or a lack of cooperation ofby certain third countries to readmit their nationals apprehended in an irregular situation and either satisfactory willingness or failure of those third countries to cooperate effectively in the return process, a restrictive and temporary application of certain provisions of Regulation (EC) No 810/2009 should on the basis of a transparent mechanism based on objective criteria, be applied to enhance a given third country's cooperation on readmission of irregular migrants, or to encourage its continuation.
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 810/2009
Article 5 – paragraph 1 b
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, counted in days; or, if the main destination cannot be ascertained, the Member States through whose external border the applicant intends to enter the territory of the Member States;
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a Regulation (EC) No 810/2009
Article 1 – paragraph 1 – point 7 – point a Regulation (EC) No 810/2009
Applications may be lodged no more than six months, and for seafarers 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 136 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 810/2009
Article 15
Article 15
Amendment 143 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Regulation (EC) No 810/2009
Article 16 – paragraph 1 (new)
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 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Regulation (EC) No 810/2009
Article 16– paragraph 2
Article 16– paragraph 2
2. Children from the age of six years and below the age of 128 years shall pay a visa fee of EUR 40.;
Amendment 149 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Regulation (EC) No 810/2009
Article 16 – paragraph 2 a
Article 16 – paragraph 2 a
Amendment 151 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Regulations (EC) No 810/2009
Article 16 – paragraph 1 b (new)
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 155 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d a (new)
Article 1 – paragraph 1 – point 12 – point d a (new)
Regulation (EC) No 810/2009
Article 16 – paragraph 4 – point d a (new)
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 158 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point e a (new)
Article 1 – paragraph 1 – point 12 – point e a (new)
Regulation (EC) No 810/2009
Article 16 – paragraph 5 – point e a (new)
Article 16 – paragraph 5 – point e a (new)
(ea) paragraph 5(ca): applicants for a visa with limited territorial validity.
Amendment 162 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point b
Article 1 – paragraph 1 – point 13 – point b
Regulation (EC) No 810/2009
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point c
Article 1 – paragraph 1 – point 13 – point c
Regulation (EC) No 810/2009
Article 17 – paragraph 4 a
Article 17 – paragraph 4 a
Amendment 166 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point d
Article 1 – paragraph 1 – point 13 – point d
(d) paragraph 5 is deleted;amended as follows: ‘The Member State(s) concerned shall maintain the possibility for all applicants to lodge their applications directly at its/their consulates or at the consulate of a Member State with which it/they have a representation arrangement, in accordance with Article 40.’
Amendment 171 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point a – introductory part
Article 1 – paragraph 1 – point 14 – point a – introductory part
Regulation (EC) No 810/2009
Article 21 – paragraph 3 – point e
Article 21 – paragraph 3 – point e
(a) in paragraph 3, point (e) is replaced by the following:deleted.
Amendment 178 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point c
Article 1 – paragraph 1 – point 14 – point c
Regulation (EC) No 810/2009
Article 21 – paragraph 8
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 182 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a
Article 1 – paragraph 1 – point 16 – point a
Regulation (EC) No 810/2009
Article 23 – paragraph 1
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 185 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a
Article 1 – paragraph 1 – point 16 – point a
Regulation (EC) No 810/2009
Article 23 – paragraph 2
Article 23 – paragraph 2
That period may be extended up to a maximum of 4530 calendar days in individual cases, notably when further scrutiny of the application is needed.;
Amendment 193 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point b
Article 1 – paragraph 1 – point 17 – point b
Regulation (EC) No 810/2009
Article 24 – paragraph 2 – point b
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
Article 1 – paragraph 1 – point 17 – point b
Regulation (EC) No 810/2009
Article 24 – paragraph 1 c
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 208 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 1
Article 25 a – paragraph 1
1. Article 14 (6), Article 16(1a) and (5), point (b), Article 23(1), and Article 24(2) shall not apply to applicants or categories of applicants, who are nationals of a third country that is considered not 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. This Article is without prejudice to the powers conferred on the Commission by Article 24(2d).
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 1 a (new)
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
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 2
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
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 2 – point c
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 214 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 2 a (new)
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 217 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
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 221 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 5
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
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 5 – point (a)
Article 25 a – paragraph 5 – point (a)
(a) temporarily suspending the application of either Article 14(6), Article 16(5) point (b), Article 23(1),6(1a) and (5) point (b) or Article 24(2), or of some or all of those provisions, to all nationals on the third country concerned or to certain categories thereof, or
Amendment 223 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) 810/2009
Article 25 a – paragraph 5– point b
Article 25 a – paragraph 5– point b
(b) applying the visa fee set out in Article 16(2a1b) to all nationals of the third country concerned or to certain categories thereof.
Amendment 233 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point b
Article 1 – paragraph 1 – point 22 – point b
Regulation (EC) No 810/2009
Article 32 – paragraph 3 a
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 262 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point b
Article 1 – paragraph 1 – point 33 – point b
Regulation (EC) 810/2009
Article 48 – paragraph 1 a – point (c)
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 277 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Threewo years after [the date of entry into force of this Regulation], the Commission shall produce an evaluation of the application of this Regulation. This overall evaluation shall include an examination of the results achieved against objectives and of the implementation of the provisions of this Regulation.
Amendment 279 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
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 283 #
Proposal for a regulation
Annex III
Annex III
Regulation (EC) 810/2009
Annexe VI – point 16
Annexe VI – point 16