BETA

Activities of Marie-Christine VERGIAT related to 2018/0061(COD)

Plenary speeches (1)

Visa Code (debate) FR
2016/11/22
Dossiers: 2018/0061(COD)

Shadow reports (1)

PDF (1003 KB) DOC (159 KB)
2016/11/22
Committee: LIBE
Dossiers: 2018/0061(COD)
Documents: PDF(1003 KB) DOC(159 KB)

Amendments (121)

Amendment 49 #
Proposal for a regulation
Recital 1
(1) The European Union’s common short-stay visa policy has been an integral part to the establishment of an area without internal borders. VA visa policy should remain an esswhich respects human rights and fundamential tool for facilitating tourism and business, while helping counter security risks and the risk of irregular migration to freedoms should facilitate travel by third- country nationals to the EU while guaranteeing free movement of persons and maintaining the security of people within EU territory. The common visa policy should be consistent with other Union policies, including those on freedom of movement, residence and mobility.
2018/11/09
Committee: LIBE
Amendment 53 #
Proposal for a regulation
Recital 2
(2) The Union should use its visa policy in its cooperation with third countries, and in order to ensure a bettercorrect balance between migsecurity concerns, humanitarian economic considerations and security concerns, economic considgeneral external relations. In particular, it must ensure compliance with international law obligations, especially the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Internations and general external relationsal Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the 1951 Geneva Convention on Refugees and the 1967 New York Protocol, the UN Conventions against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women.
2018/11/09
Committee: LIBE
Amendment 55 #
Proposal for a regulation
Recital 2 a (new)
(2a) Despite numerous calls from the European Parliament in particular for new safe and legal access arrangements for migrants and refugees seeking to come to Europe, there is still no genuine harmonised European right of asylum and no legal framework for European humanitarian visas, these being the sole responsibility of the Member States. However, all consulates should be able to grant the opportunity to enter the European Union safely to any person seeking special protection on the basis of the exceptions provided for in this Regulation on humanitarian grounds or in order to comply with international obligations, in particular the 1951 Convention Relating to the Status of Refugees.
2018/11/09
Committee: LIBE
Amendment 59 #
Proposal for a regulation
Recital 4
(4) The visa application procedure should be as easy as possible for applicants, so as to guarantee freedom of movement and the right to leave the State from which they originally come or in which they reside, without causing discrimination among different countries of origin. It should be clear which Member State is competent for examining an application for a visa in particular where the intended visit covers several Member States. Where possible, Member States should allow for application forms to be completed and submitted electronically. Deadlines should be clearly established for the various steps of the procedure in particular to allow travellers to plan ahead and avoid peak seasons in consulates.
2018/11/09
Committee: LIBE
Amendment 64 #
(5) Member States should not be obliged toalways maintain the possibility of direct access for the lodging of applications at the consulate, including in places where an external service provider has been mandated to collect visa applications on its behalf, without prejudice to the obligations imposed on Member States by Directive 2004/38/EC18, in particular its Article 5(2). These delegation procedures must remain exceptional and must not lead to unjustified increases in the price of visas. _________________ 18 Council Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, OJ L 229, 29.6.2004, p. 35.
2018/11/09
Committee: LIBE
Amendment 66 #
Proposal for a regulation
Recital 6
(6) The visa fee should help to ensure that sufficient financial resources are available to cover the expenses offor visa processing, including appropriate structures and sufficient staff to ensure the quality and integrity of the examination of visa applications. It should also be possible to take account of the applicant’s situation, particularly from the economic point of view. The amount of the visa fee should be revised on a two-yearly basis on the basis of objective criteria.
2018/11/09
Committee: LIBE
Amendment 67 #
Proposal for a regulation
Recital 6 a (new)
(6a) The arrangements for the reception of applicants should duly respect human dignity and fundamental rights, as referred to in the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms. Visa applications should be processed on a non-discriminatory basis and in a professional manner which respects applicants.
2018/11/09
Committee: LIBE
Amendment 69 #
Proposal for a regulation
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 applications, external service providers should be enabled to provide the necessary service for a fee exceeding the general maximum levelMember States should, in so far as feasible, make it possible to complete and submit application forms electronically and/or make arrangements to allow applications to be submitted under representation agreements between Member States.
2018/11/09
Committee: LIBE
Amendment 72 #
Proposal for a regulation
Recital 9
(9) In order to lessen the administrative burden on Member States’ consulates and to facilitate smooth travel for frequent or regular travellers, multiple-entry visas with a long period of validity should be issued according to objectively determined common criteria, without discrimination, and not be limited to specific travel purposes or categories of applicants. It should be presumed that applicants who have obtained and lawfully used two visas within the 24 months preceding the date of application fulfil the entry conditions.
2018/11/09
Committee: LIBE
Amendment 73 #
Proposal for a regulation
Recital 10
(10) Given the differences in local circumstances notably with regard to migratory and security risks, as well asand the relationships that the Union maintains with specific countries, Member States' diplomatic missions and consular posts in individual locations shouldmay assess the need to adapt the general provisions to allow for a more favourable or more restrictive application. Mapplication of the visa regime. These more favourable approaches in issuing multiple- entry visas with a long period of validity should take into account, in particular, the existence of trade agreements covering the mobility of business personsnationals of the countries concerned, and the third country's cooperation on the readmission of irregular migrants.
2018/11/09
Committee: LIBE
Amendment 77 #
Proposal for a regulation
Recital 11
(11) In case of lack of cooperation of certain third countries to readmit their nationals apprehended in an irregular situation and 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.deleted
2018/11/09
Committee: LIBE
Amendment 82 #
Proposal for a regulation
Recital 12
(12) Applicants who have been refused a visa should have the right to appeal which should, at a certain stage of the proceedings, guarantee an effective and prompt judicial appeal. More dDetailed information on the refusal grounds and procedures for appeal of negative decisions should be provided in the notification of the refusal.
2018/11/09
Committee: LIBE
Amendment 84 #
Proposal for a regulation
Recital 13
(13) The issuing of visas at the external border should remain exceptional. Howeverenable Member States, inter alia, to promote short term tourism,; Member States should be authorised tomay issue visas at the external border on the basis of temporary schemes, for which the organisational arrangements should be notified and published. Such schemes should be limited in scope and comply with the general rules for processing visa applications. The validity of the visa issued should be limited to the territory of the issuing Member State.
2018/11/09
Committee: LIBE
Amendment 86 #
Proposal for a regulation
Recital 13 a (new)
(13a) This Regulation respects fundamental rights and observes the rights and principles recognised in particular by international treaties and the Charter of Fundamental Rights of the European Union. In particular, it seeks to ensure full respect for the right to protection of personal data as set out in Article 16 TFEU, the right to private and family life as set out in Article 7, the right to asylum as set out in Article 18 and the rights of the child as set out in Article 24 of that Charter, and protection of vulnerable publics.
2018/11/09
Committee: LIBE
Amendment 87 #
Proposal for a regulation
Recital 14
(14) Local Schengen cooperation is crucial for the harmonised application of the common visa policy and for proper assessment of migratory and security risks. Cooperation and exchanges among Member States’ diplomatic missions and consular posts in individual locations should be coordinated by Union Delegations. They should assess the operational application of specific provisions in the light of local circumstances and migratory risk.
2018/11/09
Committee: LIBE
Amendment 89 #
Proposal for a regulation
Recital 15
(15) Member States should closely and regularly monitor the operations of external service providersThe use of external service providers should be exceptional and strictly circumscribed. It should be strictly circumscribed and carefully and regularly monitored to ensure compliance with the legal instrument governing the responsibilities entrusted with the external service provider. Member States should report to the Commission annually on the cooperation with and monitoring of external service providers. Member States should ensure that the entire procedure for the processing of visa applications and the cooperation with external service providers is monitored by expatriate staffstaff specially trained for the purpose. On no account should this monitoring be performed by nationals of the country concerned on any footing whatsoever.
2018/11/09
Committee: LIBE
Amendment 93 #
Proposal for a regulation
Recital 27 a (new)
(27a) The necessary measures shall be taken to implement this Regulation. The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for the purposes of making technical amendments to the Annexes to this Regulation.
2018/11/09
Committee: LIBE
Amendment 94 #
Proposal for a regulation
Recital 27 b (new)
(27b) Appropriate measures should be adopted for the monitoring and evaluation of this Regulation in relation to harmonisation of the processing of visa applications. Monitoring and evaluation should also seek to monitor full respect for fundamental rights by Member States when processing applications, as well as the application of the principle of non- discrimination and the protection of personal data.
2018/11/09
Committee: LIBE
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 810/2009
Article 1 – paragraph 3
3. countries whose nationals are required to hold an airport transit visa by way of exception from the principle of free transit laid down in Annex 9 to the Chicago Convention on International Civil Avi(1a) in Article 1, paragraph 3 is deleted This Regulation, and establso lishets the procedures and conditions for issuing visasthird Or. for the purpose of transit through the international transit areas of Member States’ airports. (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b a (new)
Regulation (EC) No 810/2009
Article 2 – paragraph 3 – point (5)
(5) ‘airport transit visa’ means a visa valid for transit through the international transit areas of one or more airports of the Member States; ba) In Article 2(3), point (5) is deleted Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EC) No 810/2009
Article 3
(3a) Article 3 is deleted Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 107 #
2. (5a) in Article 5(2), points 2a and 2b shall be added ‘The Member State competent for examining and deciding on an application for a uniform visa for the purpose of transit shall be: (a) in the case of transit through only one Member State, the Member State concerned; or (b) in the case of transit through several Member States, the Member State whose external border the applicant intends to cross to start the transit. 2a. If the Member State that is competent in accordance with point (a) or (b) of paragraph 1 is neither present nor represented in the third country where the applicant lodges the application in accordance with Article 10, the applicant shall be entitled to lodge the application: (a) electronically with the Member State concerned, (b) at the consulate of one of the Member States of destination of the intended visit, (c) at the consulate of the Member State of first entry, if point (a) is not applicable, (d) in all other cases at the consulate of one of the Member States that are present in the country where the applicant lodges the application. If the consulate of the Member State that is competent in accordance with paragraph 1 or the consulate of the Member State referred to in the first subparagraph of this paragraph are located at a distance of more than 500 km from the applicant’s place of residence, or if a return journey by public transport from the applicant’s place of residence would require an overnight stay, and if the consulate of another Member State is located closer to the applicant’s place of residence, the applicant shall be entitled to lodge the application at the consulate of the latter Member State; 2b. If the Member State that is competent in accordance with paragraph 1 or 2 has, in accordance with Article 8, established a representation arrangement with another Member State for the purpose of considering applications and issuing visas on its behalf, the applicant shall submit his or her application electronically to the consulate of the representing Member State.’ Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 108 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Regulation (EC) No 810/2009
Article 5 – paragraph 3
3. The Member State competent for examining and deciding on an application for an airport transit visa shall be: (5b) in Article 5, paragraph 3 is deleted. Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 110 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point b a (new)
Regulation (EC) No 810/2009
Article 8 – paragraph 6
(ba) in Article 8, paragraph 6 is amended ‘6. With a view to ensuring that a poor transport infrastructure or long distances in a specific region or geographical area does not require a disproportionate effort on the part of applicants to have access to a consulate, Member States lacking their own consulate in that region or area shall endeavour to conclude representation arrangements with Member States that have consulates in that region or area. in order to combat discrimination between third-country nationals due to inequality of access to consular services. Such agreements may also be concluded with the representation of an EU Member State in a neighbouring country of the third country concerned if it is closer to the home of the applicant.’ Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Regulation (EC) No 810/2009
Article 9 – paragraph 1
Applications may be lodged no more than sixtwelve 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.;
2018/11/09
Committee: LIBE
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a a (new)
Regulation (EC) No 810/2009
Article 9 – paragraph 3
(aa) In Article 9, paragraph 3 is amended ‘In justified cases of urgency, the consulate may allow applicants to lodge their applications either without appointment, or an appointment shall be given immediately. In an electronic procedure, in the event of failure to reply within one month of the submission of the application, provision shall be made for a remedy to enable the application to be examined in any event.’ Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 810/2009
Article 9 – paragraph 4 – point a
(aa) by the legal representatives of the applicant
2018/11/09
Committee: LIBE
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a
Regulation (EC) No 810/2009
Article 10 – paragraph 1
Applicants shall appear in person when lodging an application for the collection of fingerprints, in accordance with Article 13 (2), (3) and (7)(b).;Without prejudice to the provisions of Articles 13, 42, 43 and 45, applicants may lodge their applications in person or electronically.
2018/11/09
Committee: LIBE
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b a (new)
Regulation (EC) No 810/2009
Article 10 – paragraph 3 – point (d)
(dba) fingerprints in accordance with Article 13, where applicable; Article 10(3), point (d) is deleted allow the collection of his Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b b (new)
Regulation (EC) No 810/2009
Article 10 – paragraph 3 – point (g)
where applicable, produce proof of possession of adequate and valid travel medical insurance in accordance with Article 15. (bb) in Article 10(3), point (g) is deleted Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 119 #
Member States shall collect biometric identifiers of the applicant comprising a photograph of him and his 10 fingerpri(da) in Article 13, paragraph 2 is amended ‘Member States shall collect the photograph of the applicants in accordance with the safeguards laid down in the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms, in the Charter of Fundamental Rights of the European Union and in the United Nations Convention on the Rights of the Child. Without prejudice to paragraph 3, an external service provider may not require the applicant to appear in person for each application and collect his identifiers each time. In order to verify that identifiers have been collected, the applicant shall be issued with a receipt after his identifiers have been collected. In the case of exceptional circumstances mentioned above, the consulate shall specify which body is duly empowered to collect the applicant’s identifiers.’ Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 120 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d b (new)
Regulation (EC) No 810/2009
Article 13 – paragraph 2
(db) in Article 13, paragraph 2 is amended ‘At the time of submission of the first application, the applicant shall be required to appear in person. At that time, the following biometric identifiers except where duly substantiated exceptional circumstances apply. At the time, the photograph of the applicant shall be collected: – a photograph, scanned or taken at the time of application, and ’ Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d c (new)
Regulation (EC) No 810/2009
Article 13 – paragraph 3
(dc) in Article 13, paragraph 3 is amended ‘3. Where fingerprints collected from the applicant as part of an earlier application were entered in the VIS for the first time less than 59 months before the date of the new application, they shall be copied to the subsequent application. ’ Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d d (new) Regulation (EC) No 810/2009
(dd) in Article 13, paragraph 6 is amended ‘6. The biometric identifiers shall be collected by qualified and duly authorised staff of the authorities competent in accordance with Article 4(1), (2) and (3). Under the supervision of the consulates, the biometric identifiers may also be collected by qualified and duly authorised staff of an honorary consul as referred to in Article 42 or of an external service provider as referred to in Article 43. The Member State(s) concerned shall, where there is any doubt, provide for the possibility of verifying at the consulate fingerprints which have been taken by the external service provider. staff.’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 123 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d e (new)
Regulation (EC) No 810/2009
Article 13 – paragraph 7 – point (a)
(a) children under the age of 12; de) in Article 13(7), point (a) is amended ‘(a) minors under the age of 18;’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 125 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d g (new)
Regulation (EC) No 810/2009
Article 13 – paragraph 7 – point (d)
(dg) sovereigns and other senior members of a royal family,in Article 13(7), point (d) is amended ‘(d) sovereigns when they are invited by Member States’ governments or by international organisations for an official purpose. ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point d f (new)
(df) in Article 13(7), point (c) is amended ‘(c) heads of State or government and members of a national government with accompanying spouses, and the members of their official delegation when they are invited by Member States’ governments or by international organisations for an official purpose; ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point -a (new)
Regulation (EC) No 810/2009
Article 14 – paragraph 1
(-a) in Article 14(1), point (b) is amended and points (c) and (d) are deleted ‘When applying for a uniform visa, the applicant shall present: (a) documents indicating the purpose of the journey; (b) documents in relation to accommodation, or proof of sufficient means to cover his accommodation; if available;’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 128 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point -a a (new)
Regulation (EC) No 810/2009
Article 14 – paragraph 2
2. transit visa, t(-aa) in Article 14, paragraph 2 is deleted When applicant shall present: ying for an airport Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 129 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Regulation (EC) No 810/2009
Article 14 – paragraph 4
4. Member States may require applicants to present a proof of sponsorship and private accommodation or both by completing a form drawn up by each Member State. That form shall indicate in particular: (a) sponsorship or of private accommodation; (b) person is an individual, a company or an organisation; (c) the sponsor/inviting person; (d) (e) (f) (g) possible family ties with the sponsor/inviting person. (h) to Article 37(1) of Regulation (EC) No 767/2008.deleted whether its purpose is proof of whether the sponsor/inviting the identity and contact details of the applicant(s); the address of the accommodation; the length and purpose of the stay; the information required pursuant
2018/11/09
Committee: LIBE
Amendment 132 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Regulation (EC) No 810/2009
Article 14 – paragraph 4 a (new)
4a. Consulates may waive the above requirements where the applicant is known to their visa services.
2018/11/09
Committee: LIBE
Amendment 133 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Regulation (EC) No 810/2009
Article 14 – paragraph 5
5. Member States' consulates shall within local Schengen cooperation, as referred to in Article 48, assess the implementation of the conditions laid down in paragraph 1, to take account of local circumstances, and of migratory and security risks.
2018/11/09
Committee: LIBE
Amendment 137 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EC) No 810/2009
Article 15
(11) Article 15 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. one entry shall prove that they are in possession of adequate and valid travel medical insurance to cover any expenses that might arise in connection with repatriation for medical reasons, urgent medical attention and emergency hospital treatment or death, during their intended stay on the territory of the Member States.”; ‘2. multiple entries shall prove that they are in possession of adequate and valid travel medical insurance covering the period of their first intended visit.”;deleted Applicants for a uniform visa for Applicants for a uniform visa for
2018/11/09
Committee: LIBE
Amendment 139 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new) Regulation (EC) No 810/2009
(11a) Article 15 is deleted Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 141 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Regulation (EC) No 810/2009
Article 16 – paragraph 1
1. Applicants shall pay a visa fee of EUR 860.
2018/11/09
Committee: LIBE
Amendment 144 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Regulation (EC) No 810/2009
Article 16 – paragraph 2
2. Children from the age of six years and below the age of 12 years shall pay a visa fee of EUR 40.;deleted
2018/11/09
Committee: LIBE
Amendment 147 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b
Regulation (EC) No 810/2009
Article 16 – paragraph 2 a
(b) The following new paragraph 2a is inserted: ‘2a. A visa fee of EUR 160 shall apply when the Commission so decides in accordance with Article 25a(5).”;deleted
2018/11/09
Committee: LIBE
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c a (new)
Regulation (EC) No 810/2009
Article 16 – paragraph 4 – point (a)
(ca) childrenin Article 16(4), point (a), is amended ‘(a) minors under six18 years; ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 154 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d
Regulation (EC) No 810/2009
Article 16 – paragraph 4 - point c a (new)
(ca) applicants for a visa with limited territorial validity issued on humanitarian grounds, for reasons of national interest or because of international obligations, and beneficiaries of a Union resettlement or relocation programme;
2018/11/09
Committee: LIBE
Amendment 156 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d a (new)
Regulation (EC) No 810/2009
Article 15 – paragraph 5 – point (a)
(a) children from the age of six yea(da) in Article 15(5), point (a) is amended ‘(a) minors aund belower the age of 128 years; ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 157 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point e a (new)
Regulation (EC) No 810/2009
Article 15 – paragraph 5 – point (c)
(c) participants aged 25 years or lesea) in Article 15(5), point (c) is amended ‘(c) participants in seminars, conferences, sports, cultural or educational events, organised by non-profit organisations. ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 159 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point e b (new)
Regulation (EC) No 810/2009
Article 15 – paragraph 7
(eb) in Article 15, paragraph 7 is amended ‘7. 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 excepted if the visa is not issued, particularly in the cases referred to in Articles 18(2) and 19(3). ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 161 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point a
Regulation (EC) No 810/2009
Article 17 – paragraph 1
Additional service fees may not under any circumstances be charged by an external service provider referred to in Article 43.;. A Member State or its representative that chooses to confer one or more tasks upon an external service provider shall discharge the costs incurred in carrying out the task(s) by said external service provider. Fees incurred by the service provider shall be duly justified and adapted to local circumstances.
2018/11/09
Committee: LIBE
Amendment 164 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point c a (new)
Regulation (EC) No 810/2009
Article 17 – paragraph 4
4. The service fee shall not exceed half of the amount of the visa fee set out in Article 16(1), irrespective of the possible reductions in or exemptions from the visa fee as provided for in Article 16(2), (4), (5) and (6). (ca) in Article 17, paragraph 4 is amended ‘4. The service fee may not under any circumstances exceed half of the amount of the visa fee.’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 165 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point d
Regulation (EC) No 810/2009
Article 17 – paragraph 5
(d) paragraph 5 is deleted;
2018/11/09
Committee: LIBE
Amendment 167 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13 a (new)
Regulation (EC) No 810/2009
Article 19 – paragraph 3
(13a) in Article 19, paragraph 3 is amended ‘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 shall without delay: – return the application form and any documents submitted by the applicant, – destroy the collected biometric data, – reimburse the visa fee, and – not examine the application. ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 168 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point -a (new)
Regulation (EC) No 810/2009
Article 21 – paragraph 1
(-a) in Article 21, paragraph 1 is amended ‘1. In the examination of an application for a uniform visa, it shall be ascertained whether the applicant fulfils the entry conditions set out in Article 5(1)(a), (c), (d) and (e) of the Schengen Borders Code, and particular consideration shall be given to assessing whether the applicant presents a risk of illegal immigration or a risk to the security of the Member States and whether the applicant intends to leave the territory of the Member States before the expiry of the visa applied for. .’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 169 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point -a a (new)
Regulation (EC) No 810/2009
Article 21 – paragraph 3 – point (b)
(b) purpose and conditions of the intended stay, and that he has sufficient means of subsistence, both for the dur-aa) in Article 21(3), point (b) is deleted the applicant’s justification ofor the intended stay andOr. for the return to his country of origin or residence, or for the transit to a third(https://eur-lex.europa.eu/legal- country into which he is certain to be admitted, or is in a position to acquire such means lawfully; ent/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 170 #
(-ab) in Article 21(3), point (d) is amended ‘(d) that the applicant is not considered to be a threat to public policy,the internal security or public health as defined in Article 2(19) of the Schengen Borders Code or to the international relations of any of the Member States, in particular where no alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds; f any of the Member States;’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 173 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point a
Regulation (EC) No 810/2009
Article 21 – paragraph 3 – point (e)
(e) that the applicant is in possession of adequate and valid travel medical insurance, where applicable, covering the period of the intended stay, or, if a uniform visa for multiple entry is applied for, the period of the first intended visit.deleted
2018/11/09
Committee: LIBE
Amendment 174 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b
Regulation (EC) No 810/2009
Article 21 – paragraph 4
(b) paragraph 4 is replaced by the following: ‘4. applicable, verify the length of previous and intended stays in order to verify that the applicant has not exceeded the maximum duration of authorised stay in the territory of the Member States, irrespective of possible stays authorised under a national long-stay visa or a residence permit.;deleted The consulate shall, where
2018/11/09
Committee: LIBE
Amendment 175 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point b a (new)
Regulation (EC) No 810/2009
Article 21 – paragraph 6
6. application for an airport transit visa, the consulate shall in particular verify: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN(ba) in Article 21, paragraph 6 is deleted In the examination of an Or. fr
2018/11/09
Committee: LIBE
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point c a (new)
Regulation (EC) No 810/2009
Article 21 – paragraph 7
(ca) in Article 21, paragraph 7 is amended ‘7. The examination of an application shall be based notably on the authenticity and reliability of the documents submitted and on the veracity and reliability of the statements made by the applicant. https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN.’ Or. fr
2018/11/09
Committee: LIBE
Amendment 179 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point c
Regulation (EC) No 810/2009
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.;invite the applicant for an interview.
2018/11/09
Committee: LIBE
Amendment 184 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a
Regulation (EC) No 810/2009
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.;
2018/11/09
Committee: LIBE
Amendment 186 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point c – indent 1
Regulation (EC) No 810/2009
Article 21 – paragraph 4 – point (b a)
(ba) issue an airport transit visa in accordance with Article 26; or;deleted
2018/11/09
Committee: LIBE
Amendment 188 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point a – indent 3
Regulation (EC) No 810/2009
Article 24 – paragraph 1
Without prejudice to Article 12(a), the period of validity of a single entry visa shall include a 'period of grace' of 1530 calendar days.;
2018/11/09
Committee: LIBE
Amendment 189 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point a a (new)
(aa) 1a. Applicants whom the consulates consider to meet the entry conditions and in respect of whom no grounds for refusal referred to in Article 32 exist shall be issued a visa in accordance with this Article.;
2018/11/09
Committee: LIBE
Amendment 190 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point b
Regulation (EC) No 810/2009
Article 24 – paragraph 2 – point (a)
(a) for a validity period of one year, provided that the applicant has obtained and lawfully used threewo visas within the previous two years;
2018/11/09
Committee: LIBE
Amendment 195 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point c
Regulation (EC) No 810/2009
Article 21 – paragraph 2 b
2b. By way of derogation from paragraph 2, Member States' consulates shall, within local Schengen cooperation as referred to in Article 48, assess whether the rules on the issuing of the multiple entry visas set out in paragraph 2 need to be adapted to take account of local circumstances, and of migratory and security risk, in view of the adoption of more favourable or more restrictive rules in accordance with paragraph 2d.
2018/11/09
Committee: LIBE
Amendment 198 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point c
Regulation (EC) No 810/2009
Article 24 – paragraph 2 c
2c. Without prejudice to paragraph 2, a multiple entry visa valid for up to five years may be issued to applicants who prove the need or justify their intention to travel frequently and/or regularly provided that they prove their integrity and reliability, in particular the lawful use of previous visas, their economic situation in the country of origin and their genuine intention to leave the territory of the Member States before the expiry of the visa for which they have applied, in particular the lawful use of previous visas.
2018/11/09
Committee: LIBE
Amendment 201 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point c
Regulation (EC) No 810/2009
Article 24 – paragraph 2 d
2d. Where necessary on the basis of the assessment referred to in paragraph 2b, the Commission shall by means of implementingdelegated acts adopt the rules regarding the condition for the issuing of multiple-entry visas laid down in paragraph 2 to be applied in each jurisdiction in order to take account of local circumstances, of the migratory and security risks and of the cooperation of the third country in question on readmission of irregular migrants in the light of the indicators set out in Article 25a(2), and of its overall relation with the Union. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 52(2).;.
2018/11/09
Committee: LIBE
Amendment 205 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25
[...]deleted
2018/11/09
Committee: LIBE
Amendment 225 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20 a (new)
Regulation (EC) No 810/2009
Article 30
(20a) Article 30 is deleted Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 226 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point -a (new)
Regulation (EC) No 810/2009
Article 32 – paragraph 1 – point (ii)
(-a) in Article 32, paragraph 1, point (ii) is amended "(ii) does not provide justification for the purpose and conditions of the intended stay; " Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 227 #
(iia) does not provide justification for the purpose and conditions of the intended airport transit;deleted
2018/11/09
Committee: LIBE
Amendment 228 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point a a (new)
Regulation (EC) No 810/2009
Article 32 – paragraph 1 – point a
(aa) in Article 32, paragraph 1, sub- paragraph (vi) is amended ‘(vi) is considered to be a threat to public policy, internal security or public health as defined in Article 2(19) of the Schengen Borders Code or to the international relations of any of the Member States, in particular where an alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds; or ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 229 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point a b (new)
Regulation (EC) No 810/2009
Article 32 – paragraph 1 – point vii
(vii) does not provide proof of holding adequate and valid travel medical insurance, where applicable; ab) in Article 32, paragraph 1, point (vii) is deleted Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 230 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point a c (new)
Regulation (EC) No 810/2009
Article 32 – paragraph 1 – point (b)
(bac) if there are reasonable 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. n Article 32, paragraph 1, point (b) is amended ‘(b) if it is demonstrated that the supporting documents submitted by the applicant are falsified;’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 232 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point b
Regulation (EC) No 810/2009
Article 32 – paragraph 3
3. Applicants who have been refused a visa shall have the right to appeal which shall, at a certain stage of the proceedings, guarantee an effective judicial 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. Member States shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal, as specified in Annex VI.; , in a language which the applicant understands or may reasonably be supposed to understand;
2018/11/09
Committee: LIBE
Amendment 234 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 810/2009
Article 34 – paragraph 2
(22a) in Article 33, paragraph 2 is amended ‘2. The period of validity and/or the duration of stay of an issued visa may 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. ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 235 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 b (new)
Regulation (EC) No 810/2009
Article 32 – paragraph 6
(22b) in Article 34, paragraph 6 is amended ‘6. A decision on annulment or revocation of a visa and the reasons on which it is based shall be notified to the applicant by means of the standard form set out in Annex VI. as soon as possible in a language which the applicant understands or may reasonably be supposed to understand by means of the standard form set out in Annex VI.’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 236 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 c (new)
Regulation (EC) No 810/2009
Article 34 – point 7
(22c) in Article 34, paragraph 7 is amended ‘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. Member States shall provide applicants with information regarding the procedure to be followed in the event of an appeal, as specified in Annex VI. If the recipient of an annulled visa is already present on the territory of a Member State, no return decision may be taken until the appeal period is exhausted or the final decision on the appeal has been duly notified to the recipient.’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 237 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 d (new)
Regulation (EC) No 810/2009
Article 34 – paragraph 8
(22d) Article 34, paragraph 8 ‘8. Information on an annulled or a revoked visa shall be entered into the VIS in accordance with Article 13 of the VIS Regulation. as soon as it has become definitive.’ Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 238 #
Proposal for a regulation
Article 1 – paragraph 1 – point 22 e (new)
Regulation (EC) No 810/2009
Article 35 – paragraph 1 – point (d) (new)
(22e) in Article 35, paragraph 1, point (d) is added ‘(c) the applicant’s return to his country of origin or residence or transit through States other than Member States fully implementing the Schengen acquis is assessed as certain. (d) on humanitarian grounds, for reasons of national interest or because of international obligations’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 243 #
Proposal for a regulation
Article 1 – paragraph 1 – point 24
Regulation (EC) No 810/2009
Article 36 a – paragraph 2
2. The duration of the scheme shall be limited to four months in any calendar year and the categories of beneficiary shall be clearly defined and exclude third-country nationals falling within the category of persons for whom prior consultation is required in accordance with Article 22 and persons not residing in the country adjacent to the land-border crossing point or in a country having direct ferry connections to the sea-border crossing point. Those schemes shall only apply to nationals of third countries with which readmission agreements have been concluded and for which the Commission has not taken a decision in accordance with Article 25a(5).
2018/11/09
Committee: LIBE
Amendment 244 #
Proposal for a regulation
Article 1 – paragraph 1 – point 24 a (new)
Regulation (EC) No 810/2009
Article 37 – paragraph 1
1. (24a) in Article 37, paragraph 1 is amended ‘Member States shall be responsible for organising the visa sections of their consulates. In order to prevent any decline in the level of vigilance and to protect staff from being exposed to pressure at local level, rotation schemes for staff dealing directly with applicants shall be set up, where appropriate. Particular attention shall be paid to clear work structures and a distinct allocation/division of responsibilities in relation to the taking of final decisions on applications. Access to consultation of the VIS and the SIS and other confidential information shall be restricted to a strictly limited number of staff who are duly authorised staffand trained, including on human rights issues, and in particular on humanitarian law and access to international protection. Appropriate measures shall be taken to prevent unauthorised access to such databases. , and to sanction unauthorised access.’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 245 #
Proposal for a regulation
Article 1 – paragraph 1 – point 24 b (new)
Regulation (EC) No 810/2009
Article 37 – point 2
(24b) in Article 37, paragraph 2 is amended ‘2. The storage and handling of visa stickers shall be subject to adequate security measures to avoid fraud or loss. Each consulate shall keep an account of its stock of visa stickers and register how each visa sticker has been used. Any fraud or major loss must be reported to the Commission.’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 246 #
Proposal for a regulation
Article 1 – paragraph 1 – point 25
Regulation (EC) No 810/2009
Article 37 – point 3
Individual application files shall be kept for a minaximum of onetwo years from the date of the decision on the application as referred to in Article 23(1) or, in the case of appeal, until the end of the appeal procedure.
2018/11/09
Committee: LIBE
Amendment 247 #
Proposal for a regulation
Article 1 – paragraph 1 – point 26
Regulation (EC) No 810/2009
Article 38 – paragraph 1 a
1a. Member States shall ensure that the entire procedure, including the cooperation with external service providers, is monitored by expatriate staff to ensure the integrity of all stages of the procedure.;deleted
2018/11/09
Committee: LIBE
Amendment 248 #
Proposal for a regulation
Article 1 – paragraph 1 – point 26 a (new)
Regulation (EC) No 810/2009
Article 38 – paragraph 4 a (new)
4a. The Member States shall ensure that consulates have an appropriate appeals procedure in place for visa applicants, and that visa applicants have the necessary information in a language they understand, or a language they can reasonably be expected to understand. The consulates concerned, and, where applicable, the external service provider, shall publish information on this procedure clearly on their website. They shall also ensure that a record of complaints is kept.
2018/11/09
Committee: LIBE
Amendment 249 #
Proposal for a regulation
Article 1 – paragraph 1 – point 26 b (new)
Regulation (EC) No 810/2009
Article 39 – paragraph 1
(26b) in Article 39, paragraph 1 is amended ‘1. Member States’ consulates shall ensure that applicants are received courteously. The arrangements for the reception of applicants and for processing their applications should duly respect fundamental rights, as referred to in the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms. Visa applications should be processed on a non-discriminatory basis and in a professional manner which respects applicants.’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 250 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27 a (new)
(27a) in Article 39, paragraph 3 is amended ‘3. While performing their tasks, consular staff shall not discriminate against persons on grounds of sex, racial or ethnic origin,nationality, sex, gender, family status, origin, actual or assumed religion or, belief, disability, age or sexual orientation. ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 251 #
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EC) No 810/2009
Article 40 – paragraph 2 – point (a)
(a) equip their consulates and authorities responsible for issuing visas at the borders with the requisite material for the collection of biometric identifiers, as well as the offices of their honorary consuls, where they make use of them, to collect biometric identifiers in accordance with Article 42visa applications in the best possible conditions;
2018/11/09
Committee: LIBE
Amendment 252 #
Proposal for a regulation
Article 1 – paragraph 1 – point 28 a (new) Regulation (EC) No 810/2009
(28a) Article 42 is deleted Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 253 #
Proposal for a regulation
Article 1 – paragraph 1 – point 29 – point b
Regulation (EC) No 810/2009
Article 43 – paragraph 6
(b) paragraph 6 is amended as follows: – (i) point (a) is replaced by the following: ‘(a) on visa requirements, in accordance with Article 47(1)(a) – (c), and application forms.’; ‘(e) the applicant, where applicable, at the consulate or at the external service provider.’;deleted (a) providing general information managing the appointments for
2018/11/09
Committee: LIBE
Amendment 254 #
Proposal for a regulation
Article 1 – paragraph 1 – point 29 – point b a (new) Regulation (EC) No 810/2009
6. be entrusted with the performance of one or more of the following tasks: (a) providing general information on visa requirements and application forms; (b) informing the applicant of the required supporting documents, on the basis of a checklist; (c) collecting data and applications (including collection of biometric identifiers) and transmitting the application to the consulate; (d) collecting the visa fee; (e) managing the appointments for appearance in person at the consulate or at the external service provider; (f) collecting the travel documents, including a refusal notification if applicable, from the consulate and returning them to the applicant. (ba) in Article 43, paragraph 6 is deleted An external service provider may Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 255 #
Proposal for a regulation
Article 1 – paragraph 1 – point 29 – point c
Regulation (EC) No 810/2009
Article 43 – paragraph 7
7. Where, on an exceptional basis, an external service provider is used, the Member State(s) concerned shall assess the solvency and reliability of the company, including the necessary licences, the company’s statutes and its bank contracts, and ensure that there is no conflict of interests. When selecting an external service provider, the Member State concerned shall assess the reliability and solvency of the organisation or company and ensure that there is no conflict of interests. The scrutiny shall include, as appropriate, the necessary licences, commercial registration, statutes and bank contracts.
2018/11/09
Committee: LIBE
Amendment 256 #
Proposal for a regulation
Article 1 – paragraph 1 – point 29 – point d
Regulation (EC) No 810/2009
Article 43 – paragraph 9
9. The Member States(s) concerned shall still be responsible for compliance with the rules on, including with regard to respect for fundamental rights, and in particular the principle of non- discrimination and the protection of personal data, and shall ensure that the external service provider is subject to the monitoring by the data protection supervisory authorities pursuant to Article 51(1) of Regulation (EU) 2016/679.
2018/11/09
Committee: LIBE
Amendment 257 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Regulation (EC) No 810/2009
Article 44 – paragraph 1
1. In the case of cooperation among Member States and cooperation with an external service provider and recourse to honorary consuls, the Member State(s) concerned shall ensure that data are fully encrypted, whether transferred electronically or physically on an electronic storage medium.
2018/11/09
Committee: LIBE
Amendment 258 #
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point b
Regulation (EC) No 810/2009
Article 45 – paragraph 3
3. Accredited commercial intermediaries shall be monitored regularly by spot checks involving face-to-face or telephone interviews with applicants, the verification of trips and accommodation, and wherever deemed necessary, the verification of the documents relating to group return.
2018/11/09
Committee: LIBE
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point b a (new)
Regulation (EC) No 810/2009
Article 45 – paragraph 4
(ba) in Article 45, paragraph 4 is amended ‘4. Within local Schengen cooperation, information shall be exchanged on the performance of the accredited commercial intermediaries concerning irregularities detected and refusal of applications submitted by commercial intermediaries, and on detected forms of travel document fraud and failure to carry out scheduled trips. ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 260 #
Proposal for a regulation
Article 1 – paragraph 1 – point 31 – point b b (new)
Regulation (EC) No 810/2009
Article 45 – paragraph 5
(bb) in Article 45, paragraph 5 ‘5. Within local Schengen cooperation, lists shall be exchanged of commercial intermediaries to which accreditation has been given by each consulate and from which accreditation has been withdrawn, together with the reasons for any such withdrawal. Each consulate shall make sure that the public is informed about the list of accredited commercial intermediaries with which it cooperates. ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 261 #
Proposal for a regulation
Article 1 – paragraph 1 – point 32 a (new) Regulation (EC) No 810/2009
(h)32a) in Article 47, paragraph 1, point (h) is amended ‘(h) the fact that negative decisions on applications must be notified to the applicant, the fact that such decisions must state the reasons on which they are based, and the fact that applicants whose appointments or applications are refused, including where there is no reply, have a right to appeal, with information regarding the procedure to be followed in the event of an appeal, including the competent authority, as well as the time limit for lodging an appeal; ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 263 #
(c) ensure a common translation of the application form, in one or more of the official languages of the European Union institutions, where relevant;
2018/11/09
Committee: LIBE
Amendment 265 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point d
Regulation (EC) No 810/2009
Article 48 – paragraph 3 – point (a)
(a) quarterly statistics on uniform visas, visas with limited territorial validity, and airport transit visas applied for, issued, and refused;deleted
2018/11/09
Committee: LIBE
Amendment 267 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point d
Regulation (EC) No 810/2009
Article 48 – paragraph 3 – point (b)
(b) information with regard to the assessment of migratory and/or security risks, in particular on:
2018/11/09
Committee: LIBE
Amendment 268 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point d
Regulation (EC) No 810/2009
Article 48 – paragraph 3 – point (b) – (i)
(i) the socioeconomic structure of the host country;deleted
2018/11/09
Committee: LIBE
Amendment 269 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point d
Regulation (EC) No 810/2009
Article 48 – paragraph 3 – point (b) – (ii)
(ii) sources of information at local level, including social security, health insurance, fiscal registers and entry-exit registrations;deleted
2018/11/09
Committee: LIBE
Amendment 270 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point d
Regulation (EC) No 810/2009
Article 48 – paragraph 3 – point (iv)
(iv) irregular immigration routeroutes used for the smuggling and trafficking of human beings;
2018/11/09
Committee: LIBE
Amendment 271 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point d
Regulation (EC) No 810/2009
Article 48 – paragraph 3 – point (b) – (vi)
(vi) trends in refusals and the reasons therefor;
2018/11/09
Committee: LIBE
Amendment 272 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point d
Regulation (EC) No 810/2009
Article 48 – paragraph 3 – point (d)
(d) information on insurance companies providing adequate travel medical insurance, including verification of the type of coverage and possible excess amount.deleted
2018/11/09
Committee: LIBE
Amendment 273 #
Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point e
Regulation (EC) No 810/2009
Article 48 – paragraph 6 a
6a. An annual report shall be drawn up within each jurisdiction by 31 December each year, incorporating the outcomes of the local cooperation meetings referred to in paragraph 5 above. On the basis of these reports, the Commission shall draw up an annual report on the state of local Schengen cooperation to be submitted to the European Parliament and the Council.
2018/11/09
Committee: LIBE
Amendment 274 #
Proposal for a regulation
Article 1 – paragraph 1 – point 34 a (new)
Regulation (EC) No 810/2009
Article 49
(34a) Article 49 is amended ‘Article 49 Arrangements in relation to the Olympic Games and Paralympic Games Member States hosting the Olympic Games and Paralympic Gamehigh-level international sporting competitions Member States hosting high-level international sporting competitions shall apply the specific procedures and conditions facilitating the issuing of visas set out in Annex XI. ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 275 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 810/2009
Article 50 a – point 4
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously and without delay to the European Parliament and to the Council.
2018/11/09
Committee: LIBE
Amendment 276 #
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Regulation (EC) No 810/2009
Article 50 b – paragraph 1
1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall be forwarded simultaneously and without delay and shall state the reasons for the use of the urgency procedure.
2018/11/09
Committee: LIBE
Amendment 278 #
Proposal for a regulation
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.
2018/11/09
Committee: LIBE
Amendment 280 #
Proposal for a regulation
Annex I a (new)
Regulation (EC) No 810/2009
Annex II
Annex II is amended ‘The supporting documents referred to in Article 14, to be submitted byhat visa applicants may submit include the following: ’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 281 #
Proposal for a regulation
Annex I b (new)
Regulation (EC) No 810/2009
Annex IV is deleted.
ANNEX IV nnex IV is deleted Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE
Amendment 282 #
Proposal for a regulation
Annex II
Regulation (EC) No 810/2009
Annex V
ANNEX Vdeleted
2018/11/09
Committee: LIBE
Amendment 284 #
Proposal for a regulation
Annex IV a (new)
Regulation (EC) No 810/2009
Annex XI
ANNEX XI SPECIFIC PROCEDURES AND CONDITIONS FACILITATING THE ISSUING OF VISAS TO MEMBERS OF THE OLYMPICSPORTING FAMILY PARTICIPATING IN THE OLYMPIC GAMES AND PARALYMPIC GAMES HIGH- LEVEL SPORTING COMPETITIONS’ Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R0810&from=EN)
2018/11/09
Committee: LIBE