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Document 52018AP0495
Amendments adopted by the European Parliament on 11 December 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code) (COM(2018)0252 — C8-0114/2018 — 2018/0061(COD))
Amendments adopted by the European Parliament on 11 December 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code) (COM(2018)0252 — C8-0114/2018 — 2018/0061(COD))
Amendments adopted by the European Parliament on 11 December 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code) (COM(2018)0252 — C8-0114/2018 — 2018/0061(COD))
OJ C 388, 13.11.2020, p. 278–309
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
13.11.2020 |
EN |
Official Journal of the European Union |
C 388/278 |
P8_TA(2018)0495
Visa Code ***I
Amendments adopted by the European Parliament on 11 December 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 810/2009 establishing a Community Code on Visas (Visa Code) (COM(2018)0252 — C8-0114/2018 — 2018/0061(COD)) (1)
(Ordinary legislative procedure: first reading)
(2020/C 388/28)
Amendment 1
Proposal for a regulation
Recital 1
Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a regulation
Recital 2 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a regulation
Recital 4
Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a regulation
Recital 4 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a regulation
Recital 5
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 8
Proposal for a regulation
Recital 5 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a regulation
Recital 6
Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a regulation
Recital 6 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a regulation
Recital 7
Text proposed by the Commission |
Amendment |
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Amendment 12
Proposal for a regulation
Recital 8
Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a regulation
Recital 11
Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a regulation
Recital 12
Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a regulation
Recital 13 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a regulation
Recital 16
Text proposed by the Commission |
Amendment |
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Amendment 19
Proposal for a regulation
Recital 17
Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a regulation
Recital 17 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 21
Proposal for a regulation
Recital 27 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 22
Proposal for a regulation
Recital 27 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 23
Proposal for a regulation
Article 1 — paragraph 1 — point 1
Regulation (EC) No 810/2009
Article 1 — paragraph 1
Text proposed by the Commission |
Amendment |
1. This Regulation establishes the conditions and procedures for issuing visas for intended stays on the territory of the Member States not exceeding 90 days in any 180-days period.; |
1. This Regulation establishes the conditions and procedures for issuing visas for intended stays on the territory of the Member States not exceeding 90 days in any 180-days period , and intended stays by Sport and Culture Professionals for up to one year without staying more than 90 days in any 180-day period in any single Member State . |
Amendment 24
Proposal for a regulation
Article 1 — paragraph 1 — point 1 a (new)
Regulation (EC) No 810/2009
Article 1 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 25
Proposal for a regulation
Article 1 — paragraph 1 — point 1 b (new)
Regulation (EC) No 810/2009
Article 1 — paragraph 3 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 26
Proposal for a regulation
Article 1 — paragraph 1 — point 2 — point d
Regulation (EC) No 810/2009
Article 2 — point 12 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 27
Proposal for a regulation
Article 1 — paragraph 1 — point 3 — point a (new)
Regulation (EC) No 810/2009
Article 3 — paragraph 5
Text proposed by the Commission |
Amendment |
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Amendment 28
Proposal for a regulation
Article 1 — paragraph 1 — point 5
Regulation (EC) No 810/2009
Article 5 — paragraph 1 b
Text proposed by the Commission |
Amendment |
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Amendment 29
Proposal for a regulation
Article 1 — paragraph 1 — point 5 a (new)
Regulation (EC) No 810/2009
Article 5 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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‘2a. If the Member State that is competent in accordance with points (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: |
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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.’; |
Amendment 30
Proposal for a regulation
Article 1 — paragraph 1 — point 5 b (new)
Regulation (EC) No 810/2009
Article 5 — paragraph 2 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 31
Proposal for a regulation
Article 1 — paragraph 1 — point 6 — point -a (new)
Regulation (EC) No 810/2009
Article 8 — paragraph 1
Present text |
Amendment |
1. A Member State may agree to represent another Member State that is competent in accordance with Article 5 for the purpose of examining applications and issuing visas on behalf of that Member State. A Member State may also represent another Member State in a limited manner solely for the collection of applications and the enrolment of biometric identifiers. |
‘1. Without prejudice to Article 6, a Member State may agree to represent another Member State that is competent in accordance with Article 5 for the purpose of examining applications and issuing visas on behalf of that Member State. A Member State may also represent another Member State in a limited manner solely for the collection of applications and the enrolment of biometric identifiers.’; |
Amendment 32
Proposal for a regulation
Article 1 — paragraph 1 — point 6 — point b a (new)
Regulation (EC) No 810/2009
Article 8 — paragraph 6
Present text |
Amendment |
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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. |
‘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 . |
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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.’ |
Amendment 33
Proposal for a regulation
Article 1 — paragraph 1 — point 7 — point a
Regulation (EC) No 810/2009
Article 9 — paragraph 1
Text proposed by the Commission |
Amendment |
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.; |
Applications may be lodged 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. In justified individual cases of urgency, including when it is necessary on professional grounds, on humanitarian grounds, for reasons of national interest or because of international obligations, the consulate may waive the latter time limit. ; |
Amendment 34
Proposal for a regulation
Article 1 — paragraph 1 — point 7 — point a a (new)
Regulation (EC) No 810/2009
Article 9 — paragraph 3
Present text |
Amendment |
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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 justified cases of urgency, the consulate may allow applicants to lodge their applications either without appointment, or an appointment shall be given immediately. |
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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.’ |
Amendment 35
Proposal for a regulation
Article 1 — paragraph 1 — point 7 — point b
Regulation (EC) No 810/2009
Article 9 — paragraph 4 — point a a (new)
Text proposed by the Commission |
Amendment |
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Amendment 36
Proposal for a regulation
Article 1 — paragraph 1 — point 8 — point a
Regulation (EC) No 810/2009
Article 10 — paragraph 1
Text proposed by the Commission |
Amendment |
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 . |
Amendment 37
Proposal for a regulation
Article 1 — paragraph 1 — point 9 a (new)
Regulation (EC) No 810/2009
Article 13 — paragraph 2 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 38
Proposal for a regulation
Article 1 — paragraph 1 — point 10 — point a
Regulation (EC) No 810/2009
Article 14 — paragraph 4 — subparagraph 1
Text proposed by the Commission |
Amendment |
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: |
4. Member States may require applicants to present a proof of sponsorship and private accommodation or both by completing a form drawn up by the Commission . That form shall indicate in particular: |
Amendment 39
Proposal for a regulation
Article 1 — paragraph 1 — point 10 — point a
Regulation (EC) No 810/2009
Article 14 — paragraph 4 — subparagraph 2
Text proposed by the Commission |
Amendment |
In addition to the Member State’s official language(s), the form shall be drawn up in at least one other official language of the institutions of the Union. A specimen of the form shall be sent to the Commission. |
The Commission shall adopt the form by means of implementing acts in accordance with the examination procedure referred to in Article 52(2). The form shall be used to inform the sponsor/inviting person about the processing of their personal data and the applicable rules. In addition to the Member State’s official language(s), the form shall be drawn up in at least one other official language of the institutions of the Union. |
Amendment 40
Proposal for a regulation
Article 1 — paragraph 1 — point 11
Regulation (EC) No 810/2009
Article 15
Text proposed by the Commission |
Amendment |
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Article 15 is deleted |
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Deletion of Travel Medical Insurance |
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Amendment 41
Proposal for a regulation
Article 1 — paragraph 1 — point 12
Regulation (EC) No 810/2009
Article 16
Present text |
Amendment |
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Article 16 will be replaced as follows: |
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Article 16 |
‘Article 16 |
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Visa fee |
Visa fee |
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1. Applicants shall pay a visa fee of EUR 80. |
1. Applicants shall pay a visa fee of EUR 80. |
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1a. Applicants whose data are already entered registered 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 . |
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2. Children from the age of six years and below the age of 12 years shall pay a visa fee of EUR 40; |
2. Children from the age of 12 years and below 18 years shall pay a visa fee of EUR 40 . |
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2a. Applicants which form part of a group travelling for sports, cultural or educational purposes shall pay a visa fee of EUR 60. |
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4. The visa fee shall be waived for applicants belonging to one of the following categories: |
4. The visa fee shall be waived for applicants belonging to one of the following categories: |
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5. The visa fee may be waived for: |
5. The visa fee may be waived for: |
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6. In individual cases, the amount of the visa fee to be charged may be waived or reduced when to do so serves to promote cultural or sporting interests as well as interests in the field of foreign policy, development policy and other areas of vital public interest or for humanitarian reasons. |
6. In individual cases, the amount of the visa fee to be charged may be waived or reduced when to do so serves to promote cultural or sporting interests, interests in the field of foreign policy, development policy and other areas of vital public interest, or for humanitarian reasons or because of international obligations .’; |
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Amendment 42
Proposal for a regulation
Article 1 — paragraph 1 — point 13
Regulation (EC) No 810/2009
Article 17
Present text |
Amendment |
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Article 17 |
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Service fee |
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1. A service fee may be charged by an external service provider referred to in Article 43. The service fee shall be proportionate to the costs incurred by the external service provider while performing one or more of the tasks referred to in Article 43(6). |
1. A service fee may be charged by an external service provider referred to in Article 43. The service fee shall be proportionate to the costs incurred by the external service provider while performing one or more of the tasks referred to in Article 43(6). |
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2. The service fee shall be specified in the legal instrument referred to in Article 43(2). |
2. The service fee shall be specified in the legal instrument referred to in Article 43(2). |
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3. Within the framework of local Schengen cooperation, Member States shall ensure that the service fee charged to an applicant duly reflects the services offered by the external service provider and is adapted to local circumstances. Furthermore, they shall aim to harmonise the service fee applied. |
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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). |
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). It shall include all costs related to the submission of the visa application, including the transmission of the application and the travel document from the external service provider to the consulate and the return of the travel document to the external service provider ’. |
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5. The Member State(s) concerned shall maintain the possibility for all applicants to lodge their applications directly at its/their consulates. |
5. 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. |
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5a. The applicant shall be given a receipt upon payment of the service fee. |
Amendment 43
Proposal for a regulation
Article 1 — paragraph 1 — point 13 a (new)
Regulation (EC) No 810/2009
Article 19 — paragraph 3
Present text |
Amendment |
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Where the competent consulate finds that the conditions referred to in paragraph 1 have not been fulfilled, the application shall be inadmissible and the consulate shall without delay: |
‘Where the competent consulate finds that the conditions referred to in paragraph 1 have not been fulfilled , it shall, where appropriate, 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: |
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Amendment 44
Proposal for a regulation
Article 1 — paragraph 1 — point 13 a (new)
Regulation (EC) No 810/2009
Article 19 — paragraph 4
Present text |
Amendment |
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4. By way of derogation, an application that does not meet the requirements set out in paragraph 1 may be considered admissible on humanitarian grounds or for reasons of national interest. |
‘4. By way of derogation, an application that does not meet the requirements set out in paragraph 1 may be considered admissible on humanitarian grounds, for reasons of national interest or because of international obligations .’; |
Amendment 45
Proposal for a regulation
Article 1 — paragraph 1 — point 14 — point a
Regulation (EC) No 810/2009
Article 21 — paragraph 3 — point e
Text proposed by the Commission |
Amendment |
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Amendment 46
Proposal for a regulation
Article 1 — paragraph 1 — point 14 — point c
Regulation (EC) No 810/2009
Article 21 — paragraph 8
Text proposed by the Commission |
Amendment |
8. During the examination of an application, consulates may in justified cases carry out an interview with the applicant and request additional documents. |
8. During the examination of an application, consulates may in justified cases carry out an interview with the applicant and request additional documents. These interviews may be conducted using modern digital tools and remote means of communication, such as voice or video calls via internet. Fundamental rights of applicants shall be guaranteed during the process. |
Amendment 47
Proposal for a regulation
Article 1 — paragraph 1 — point 15 — point a a (new)
Regulation (EC) No 810/2009
Article 22 — paragraph 4
Present text |
Amendment |
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4. The Commission shall inform Member States of such notifications. |
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Amendment 48
Proposal for a regulation
Article 1 — paragraph 1 — point 16 — point a
Regulation (EC) No 810/2009
Article 23 — paragraph 1
Text proposed by the Commission |
Amendment |
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. |
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 49
Proposal for a regulation
Article 1 — paragraph 1 — point 16 — point a
Regulation (EC) No 810/2009
Article 23 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
That period may be extended up to a maximum of 45 calendar days in individual cases, notably when further scrutiny of the application is needed. |
That period may be extended up to a maximum of 30 calendar days in individual cases, notably when further scrutiny of the application is needed. |
Amendment 50
Proposal for a regulation
Article 1 — paragraph 1 — point 16 — point a a (new)
Regulation (EC) No 810/2009
Article 23 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 51
Proposal for a regulation
Article 1 — paragraph 1 — point 17 — point a a (new)
Regulation (EC) No 810/2009
Article 24 — paragraph 1a (new)
Text proposed by the Commission |
Amendment |
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1a. Applicants whom the consulates consider to meet the entry conditions and in respect of whom no grounds for refusal referred to Article 32 exist shall be issued a visa in accordance with this Article. |
Amendment 52
Proposal for a regulation
Article 1 — paragraph 1 — point 17 — point b
Regulation (EC) No 810/2009
Article 24 — paragraph 2 — point a
Text proposed by the Commission |
Amendment |
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Amendment 53
Proposal for a regulation
Article 1 — paragraph 1 — point 17 — point b
Regulation (EC) No 810/2009
Article 24 — paragraph 2 — point b
Text proposed by the Commission |
Amendment |
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Amendment 54
Proposal for a regulation
Article 1 — paragraph 1 — point 17 — point b
Regulation (EC) No 810/2009
Article 24 — paragraph 2 — point c
Text proposed by the Commission |
Amendment |
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Amendment 55
Proposal for a regulation
Article 1 — paragraph 1 — point 17 — point c
Regulation (EC) No 810/2009
Article 24 — paragraph 2 c
Text proposed by the Commission |
Amendment |
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. |
2c. Without prejudice to paragraph 2, a multiple entry visa valid for up to five years shall be issued to applicants who prove the need or justify their intention to travel frequently and/or regularly , in particular due to their occupational or family status, such as business persons, civil servants engaged in regular official contacts with Member States and EU institutions, representatives of civil society organisations travelling for the purpose of educational training, seminars and conferences, family members of citizens of the Union, family members of third-country nationals legally residing in Member States and seafarers, 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. |
Amendment 57
Proposal for a regulation
Article 1 — paragraph 1 — point 18
Regulation (EC) No 810/2009
Article 25 a
Text proposed by the Commission |
Amendment |
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‘Article 25a |
‘Article 25a |
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Cooperation on readmission |
Cooperation on readmission |
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1. Article 14 (6), Article 16(1) 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). |
1. Depending on third countries’ levels of cooperation with Member States on the readmission of irregular migrants, assessed on the basis of relevant and objective data, the application of Article 16(1a) and (5), point (b) and Article 24(2) hereafter may be adjusted for categories of applicants or all applicants with the nationality of that third country as specified in paragraph 4 . |
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This article is without prejudice to the powers conferred on the Commission by Article 24(2d) |
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2. The Commission shall regularly assess third countries' cooperation with regard to readmission, taking account, in particular, of the following indicators: |
2. The Commission shall regularly, at least once a year , assess relevant third countries’ cooperation with regard to readmission, taking account, in particular, of the following indicators: |
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The Commission shall report the results of its assessment to the European Parliament and the Council, which shall discuss the matter, in particular with regard to the level of cooperation with the relevant third country in the readmission of irregular migrants. |
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In particular, the following elements shall be considered to assess a country’s cooperation on readmission: |
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The Parliament shall be informed by the Commission of the conclusions of the assessment. |
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3. A Member State may also notify the Commission if it is confronted with substantial and persisting practical problems in the cooperation with a third country in the readmission of irregular migrants on the basis of the same indicators as those listed in paragraph 2. |
3. A Member State may also notify the Commission if it observes substantial and persisting problems as well as substantial cooperation improvement encountered with a third country in the readmission of irregular migrants on the basis of the same indicators as those listed in paragraph 2. |
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4. The Commission shall examine any notification made pursuant to paragraph 3 within a period of one month. |
The Commission shall examine any notification within a period of 15 days . The Commission shall immediately inform the Council and the Parliament of the results of its examination . |
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5. Where, on the basis of the analysis referred to in paragraphs 2 and 4 , the Commission decides that a country is not cooperating sufficiently , and that action is therefore needed, 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) : |
4. Where, on the basis of the analysis referred to in paragraphs 2 and 3 , taking account of the Union’s overall relations with the third country concerned, especially in cooperation in the field of readmission, and taking into account the assessment and discussions referred to in paragraph 2, the Commission decides that a country is : |
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6. The Commission shall continuously assess on the basis of the indicators set out in paragraph 2 whether significant improvement in the given third country's cooperation on readmission of irregular migrants can be established and, taking also account of the Union’s overall relations with the third country concerned, may decide to repeal or amend the implementing act referred to in paragraph 5. |
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7. At the latest six months after the entry into force of the implementing act referred to in paragraph 5, the Commission shall report to the European Parliament and to the Council on progress achieved in that third country's cooperation on readmission.’ |
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Amendment 58
Proposal for a regulation
Article 1 — paragraph 1 — point 22 — point a a (new)
Regulation (EC) No 810/2009
Article 32 — paragraph 1 — paragraph a — point vii
Present text |
Amendment |
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Amendment 59
Proposal for a regulation
Article 1 — paragraph 1 — point 22 — point a b (new)
Regulation (EC) No 810/2009
Article 32 — paragraph 2
Present text |
Amendment |
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2. A decision on refusal 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. |
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Amendment 60
Proposal for a regulation
Article 1 — paragraph 1 — point 22 — point b
Regulation (EC) No 810/2009
Article 32 — paragraph 3
Text proposed by the Commission |
Amendment |
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.; |
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. The deadline for appeal shall be at least 30 calendar days. Member States shall provide applicants with detailed information regarding the procedure to be followed in the event of an appeal, as specified in Annex VI , in a language the applicants understand or are reasonably supposed to understand .; |
Amendment 61
Proposal for a regulation
Article 1 — paragraph 1 — point 22 — point b
Regulation (EC) No 810/2009
Article 32 — paragraph 3 a
Text proposed by the Commission |
Amendment |
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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: |
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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.; |
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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 62
Proposal for a regulation
Article 1 — paragraph 1 — point 22 c (new)
Regulation (EC) No 810/2009
Article 34 — point 7
Present text |
Amendment |
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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. |
‘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.’ |
Amendment 63
Proposal for a regulation
Article 1 — paragraph 1 — point 22 b (new)
Regulation (EC) No 810/2009
Article 35 — paragraph 2
Text proposed by the Commission |
Amendment |
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Amendment 64
Proposal for a regulation
Article 1 — paragraph 1 — point 24
Regulation (EC) No 810/2009
Article 36a — paragraph 3
Text proposed by the Commission |
Amendment |
3. The Member State concerned shall establish appropriate structures and deploy specially trained staff for the processing of visa applications and the carrying out of all verifications and risk assessment, as set out in Article 21. |
3. The Member State concerned shall establish appropriate structures and deploy specially trained staff for the processing of visa applications and the carrying out of all verifications and risk assessment, as set out in Article 21. Staff shall receive training on digital file management. |
Amendment 65
Proposal for a regulation
Article 1 — paragraph 1 — point 24 b (new)
Regulation (EC) No 810/2009
Article 37 — point 2
Present text |
Amendment |
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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. |
‘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.’ |
Amendment 66
Proposal for a regulation
Article 1 — paragraph 1 — point 25
Regulation (EC) No 810/2009
Article 37 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
Individual application files shall be kept for a minimum of one year 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. |
Individual application files shall be kept for a minimum of two 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. |
Amendment 67
Proposal for a regulation
Article 1 — paragraph 1 — point 26 a (new)
Regulation (EC) No 810/2009
Article 38 — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 68
Proposal for a regulation
Article 1 — paragraph 1 — point 26 b (new)
Regulation (EC) No 810/2009
Article 39 — paragraph 1
Present text |
Amendment |
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1. Member States’ consulates shall ensure that applicants are received courteously. |
‘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.’ |
Amendment 88
Proposal for a regulation
Article 1 — paragraph 1 — point 26 c (new)
Regulation (EC) No 810/2009
Article 39 — paragraph 3
Present text |
Amendment |
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3. While performing their tasks, consular staff shall not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. |
‘3. While performing their tasks, consular staff shall not discriminate against persons on grounds of nationality, sex, gender, family status, origin, actual or assumed religion, belief, disability, age or sexual orientation.’ |
Amendment 70
Proposal for a regulation
Article 1 — paragraph 1 — point 29 — point d
Regulation (EC) No 810/2009
Article 43 — paragraph 9
Text proposed by the Commission |
Amendment |
9. Member States shall be responsible for compliance with the rules on the protection of personal data and 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. |
9. The Member State(s) concerned shall still be responsible for compliance with the rules , 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. |
Amendment 71
Proposal for a regulation
Article 1 — paragraph 1 — point 33 — point b
Regulation (EC) No 810/2009
Article 48 — paragraph 1 a — point (c)
Text proposed by the Commission |
Amendment |
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Amendment 72
Proposal for a regulation
Article 1 — paragraph 1 — point 33 — point d
Regulation (EC) No 810/2009
Article 48 — paragraph 3 — point (b) — (vi)
Text proposed by the Commission |
Amendment |
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Amendment 73
Proposal for a regulation
Article 1 — paragraph 1 — point 33 — point d
Regulation (EC) No 810/2009
Article 48 — paragraph 3 — point d
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 74
Proposal for a regulation
Article 1 — paragraph 1 — point 34 a (new)
Regulation (EC) No 810/2009
Article 49
Present text |
Amendment |
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Article 49 |
‘Article 49 |
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Arrangements in relation to the Olympic Games and Paralympic Games |
Arrangements in relation to the Olympic and Paralympic Games and other high-level international sporting competitions |
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Member States hosting the Olympic Games and Paralympic Games shall apply the specific procedures and conditions facilitating the issuing of visas set out in Annex XI. |
Member States hosting the Olympic and Paralympic Games and other high-level international sporting competitions shall apply the specific procedures and conditions facilitating the issuing of visas set out in Annex XI.’ |
Amendment 75
Proposal for a regulation
Article 1 — paragraph 1 — point 35
Regulation (EC) No 810/2009
Article 50 b — paragraph 1
Text proposed by the Commission |
Amendment |
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 state the reasons for the use of the urgency procedure. |
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. |
Amendment 76
Proposal for a regulation
Article 2 — paragraph 1
Text proposed by the Commission |
Amendment |
1. Three 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. |
1. Two 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 77
Proposal for a regulation
Article 2 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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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 78
Proposal for a regulation
Annex IV a (new)
Regulation (EC) No 810/2009
Annex XI
Present text |
Amendment |
ANNEX XI SPECIFIC PROCEDURES AND CONDITIONS FACILITATING THE ISSUING OF VISAS TO MEMBERS OF THE OLYMPIC FAMILY PARTICIPATING IN THE OLYMPIC GAMES AND PARALYMPIC GAMES |
‘ANNEX XI SPECIFIC PROCEDURES AND CONDITIONS FACILITATING THE ISSUING OF VISAS TO MEMBERS OF THE OLYMPIC AND SPORTING FAMILY PARTICIPATING IN THE OLYMPIC GAMES, PARALYMPIC GAMES AND HIGH-LEVEL SPORTING COMPETITIONS’ |
(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0434/2018).
(18) Council Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on 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.
(27) Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purpose of scientific research (OJ L 289, 3.11.2005, p. 15).
(27) Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purpose of scientific research (OJ L 289, 3.11.2005, p. 15).