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))
Date: 2018-12-11
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Transport and Tourism, European Parliament
Subjects: EU migration policy, EU visa policy, Schengen Agreement, external border of the EU, foreign national, third country




C_2020388EN.01027801.xml










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











(1)


The European Union’s common short-stay visa policy has been an integral part to the establishment of an area without internal borders. Visa policy 
should remain an essential tool for facilitating tourism and business, while helping counter security risks and the risk of irregular migration to the Union.














(1)


The European Union’s common short-stay visa policy has been an integral part to the establishment of an area without internal borders. 
A
 visa policy 
which respects human rights and fundamental 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.











Amendment 3


Proposal for a regulation


Recital 2 a (new)








Text proposed by the Commission




Amendment





 










(2a)






When applying this Regulation, Member States should respect their respective obligations under international law, in particular the United Nations Convention relating to the Status of Refugees, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Convention on the Rights of the Child and other relevant international instruments.











Amendment 4


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)


The visa application procedure should be as easy as possible for applicants. 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 established for the various steps of the procedure in particular to allow travellers to plan 
ahead
 and avoid peak seasons in consulates.












(4)


The visa application procedure should be as easy 
and at reasonable costs
 as possible for applicants. 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. Member States should allow for application forms to be completed and submitted electronically. Deadlines should be established for the various steps of the procedure in particular to allow travellers to plan 
a reasonable time in advance
 and avoid peak seasons in consulates. 
As part of the further development of the acquis towards a truly common visa policy, procedures and conditions for issuing visas should be further harmonised and their uniform application be reinforced.











Amendment 6


Proposal for a regulation


Recital 4 a (new)








Text proposed by the Commission




Amendment





 










(4a)






Visa applications and decisions on applications are examined and taken by consulates. Member States should ensure that they are present or represented by another Member State in third countries whose nationals are subject to the visa requirement and ensure that consulates have sufficient knowledge of the local situation to ensure the integrity of the visa application procedure.











Amendment 7


Proposal for a regulation


Recital 5








Text proposed by the Commission




Amendment













(5)






Member States should not be obliged to maintain the possibility of direct access for the lodging of applications at the consulate 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/EC

 (18)

, in particular its Article 5(2).










deleted







Amendment 8


Proposal for a regulation


Recital 5 a (new)








Text proposed by the Commission




Amendment





 










(5a)






Applicants should not be required to present travel medical insurance when lodging an application for a short-stay visa. It is a disproportionate burden for visa applicants and there is no evidence that holders of short-stay visas present a bigger risk in terms of public medical expenditure in Member States than visa-exempted third country nationals.











Amendment 9


Proposal for a regulation


Recital 6








Text proposed by the Commission




Amendment











(6)


The visa fee should ensure that sufficient financial resources are available to cover the expenses of visa processing, including appropriate structures and sufficient staff to ensure the quality and integrity of the examination of visa applications. The amount of the visa fee should be revised 
on a two-yearly basis
 on the basis of objective criteria.












(6)


The visa fee should ensure that sufficient financial resources are available to cover the expenses of visa processing, including appropriate structures and sufficient staff to ensure the quality
, speed
 and integrity of the examination of visa applications. The amount of the visa fee should be revised 
every two years
 on the basis of objective 
assessment
 criteria.









Amendment 10


Proposal for a regulation


Recital 6 a (new)








Text proposed by the Commission




Amendment





 










(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.











Amendment 11


Proposal for a regulation


Recital 7








Text proposed by the Commission




Amendment











(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 level.












(7)


To ensure that nationals of third countries subject to the visa requirement can lodge their visa application 
as close as possible to their place of residence
, external service providers should be enabled to 
collect applications
 for a fee exceeding the general maximum level.









Amendment 12


Proposal for a regulation


Recital 8








Text proposed by the Commission




Amendment











(8)


Representation arrangements should be streamlined and obstacles to the conclusion of such arrangements among Member States should be avoided. The representing Member State should be responsible for the entire processing of visa applications without the involvement of the represented Member State.












(8)


Representation arrangements should be streamlined 
and eased
 and obstacles to the conclusion of such arrangements among Member States should be avoided. The representing Member State should be responsible for the entire processing of visa applications without the involvement of the represented Member State.









Amendment 14


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(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.












(11)


In case of 
satisfactory cooperation or a
 lack of cooperation 
by
 certain third countries to readmit their nationals apprehended in an irregular situation and 
either satisfactory willingness or
 failure of those third countries to cooperate effectively in the return process, a restrictive and temporary application of certain provisions of Regulation (EC) No 810/2009 should on the basis of a transparent mechanism based on objective criteria, be applied to enhance a given third country's cooperation on readmission of irregular migrants
, or to encourage its continuation
.









Amendment 15


Proposal for a regulation


Recital 12








Text proposed by the Commission




Amendment











(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 judicial appeal. 
More
 detailed information on the refusal grounds and procedures for appeal of negative decisions should be provided in the notification of the refusal.












(12)


Applicants who have been refused a visa should have the right to appeal which should guarantee an effective 
and prompt
 judicial appeal. Detailed information on the refusal grounds and procedures for appeal of negative decisions should be provided in the notification of the refusal.









Amendment 17


Proposal for a regulation


Recital 13 a (new)








Text proposed by the Commission




Amendment





 










(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.











Amendment 18


Proposal for a regulation


Recital 16








Text proposed by the Commission




Amendment











(16)


Flexible rules should be established to allow Member States to optimise the sharing of resources and to increase consular coverage. Cooperation among Member States (Schengen Visa Centres) could take any form suited to local circumstances in order to increase geographical consular coverage, reduce Member States' costs, increase the visibility of the Union and improve the service offered to visa applicants.












(16)


Flexible rules should be established to allow Member States to optimise the sharing of resources and to increase consular coverage. Cooperation among Member States (Schengen Visa Centres) could take any form suited to local circumstances in order to increase geographical consular coverage, reduce Member States' costs, increase the visibility of the Union and improve the service offered to visa applicants. 
The common visa policy should contribute to generating growth and be coherent with other Union policies, such as those concerning external relations, trade, education, culture and tourism.











Amendment 19


Proposal for a regulation


Recital 17








Text proposed by the Commission




Amendment











(17)


Electronic visa application systems developed by Member States 
help
 to facilitate application procedures for applicants and consulates. A common solution 
allowing
 full digitisation should be developed, making full use of the recent legal and technological developments.












(17)


Electronic visa application systems developed by Member States 
are essential in order
 to facilitate application procedures for applicants and consulates. A common solution 
ensuring
 full digitisation should be developed 
by 2025 in the form of an online platform and an EU E-visa
, 
thereby
 making full use of the recent legal and technological developments
, to allow visa application online to accommodate the needs of applicants and attract more visitors to the Schengen area
. 
The electronic visa application system should be fully accessible for the people with disabilities. Straightforward and streamlined procedural guarantees should be strengthened and uniformly applied.











Amendment 20


Proposal for a regulation


Recital 17 a (new)








Text proposed by the Commission




Amendment





 










(17a)






When applying Regulation (EC) No 810/2009, Member States should respect their respective obligations under international law, in particular the United Nations Convention Relating to the Status of Refugees, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Convention on the Rights of the Child and other relevant international instruments.











Amendment 21


Proposal for a regulation


Recital 27 a (new)








Text proposed by the Commission




Amendment





 










(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.











Amendment 22


Proposal for a regulation


Recital 27 b (new)








Text proposed by the Commission




Amendment





 










(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.











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





 










(1a)





In Article 1, the following paragraph is added:




‘3a.
   
When applying this Regulation, Member States shall act in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Union (“the Charter”), relevant international law, including the United Nations Convention Relating to the Status of Refugees (“the Geneva Convention”), obligations related to access to international protection, in particular the principle of non-refoulement, and fundamental rights. In accordance with the general principles of Union law, decisions under this Regulation shall be taken on an individual basis.’;












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





 










(1b)





In Article 1, the following paragraph is added:




(3b)
   
The European Commission shall present an electronic visa application, E-visa, by 2025.












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





 










12a.





Sport and Culture Professionals: Third-country nationals who are not citizens of the Union within the meaning of Article 20(1) of the Treaty, and belong to the following categories: performing artists and their support staff, elite sports persons and their support staff and, where applicable, family members of those categories, who have been able to demonstrate clearly the administrative and logistical obstacles to organising a tour or a competition in several Member States in the Schengen area lasting more than three months.










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











(3)




in
 Article 3(5) 
points (b) and (c) are replaced by the following
:












(3)




in
 Article 3(5) 
points (b) and (c) are replaced by the following
:








 








 










‘(b)






third-country nationals holding a valid residence permit issued by a Member State which does not take part in the adoption of this Regulation or by a Member State which does not yet apply the provisions of the Schengen acquis in full, or third-country nationals holding one of the valid residence permits listed in Annex V issued by Andorra, Canada, Japan, San Marino or the United States of America guaranteeing the holder’s unconditional readmission, or holding a residence permit for the Caribbean parts of the Kingdom of the Netherlands (Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba);














 








 










(c)






third-country nationals holding a valid visa for a Member State which does not take part in the adoption of this Regulation, or for a Member State which does not yet apply the provisions of the Schengen acquis in full, or for a country party to the Agreement on the European Economic Area, or for Canada, Japan or the United States of America, or holders of a valid visa for the Caribbean parts of the Kingdom of the Netherlands (Aruba, Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba), when travelling to the issuing country or to any other third country, or when, having used the visa, returning from the issuing country;’;















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











(b)


if the visit includes more than one destination, or if several separate visits are to be carried out within a period of two months, the Member State whose territory constitutes the main destination of the visit(s) in terms of the length of stay, counted in days; or;












(b)


if the visit includes more than one destination, or if several separate visits are to be carried out within a period of two months, the Member State 
where the host organisation or undertaking is located, if applicable, or the Member State
 whose territory constitutes the main destination of the visit(s) in terms of the length of stay, counted in days or
, if the main destination cannot be ascertained, the Member States through whose external border the applicant intends to enter the territory of the Member States
;









Amendment 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





 










(5a)





In Article 5, the following paragraph is inserted:









 





‘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:







 










(a)






at the consulate of one of the Member States of destination of the intended visit,














(b)






at the consulate of the Member State of first entry, if point (a) is not applicable,














(c)






in all other cases at the consulates of any 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.’;







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





 










(5b)





In Article 5, the following paragraph is inserted:




‘2b
   
. If the Member State that is competent in accordance with paragraphs 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 to the consulate of the representing Member State.’;












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





 










(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.




‘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.’







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





 










(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 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.’







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





 










(a a)






by the legal representatives of the applicant











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





 










(9a)





in Article 13, paragraph 2 the following subparagraph is added:



‘Without prejudice to paragraph 3, the applicant may not be requested by an external service provider to appear in person for each application in order to collect the biometric identifiers each time. To enable external service providers to verify that biometric identifiers have been collected, the applicant shall be issued with a receipt after the collection of the biometric identifiers.’;











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













(11)





Article 15 is amended as follows:









Article 15 is deleted












 










(a)






paragraph 1 is replaced by the following:





‘1.
   
Applicants for a uniform visa for 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.;’















Deletion of Travel Medical Insurance












 










(b)






in paragraph 2, the first subparagraph is replaced by the following:





‘2.
   
Applicants for a uniform visa for multiple entries shall prove that they are in possession of adequate and valid travel medical insurance covering the period of their first intended visit.;’













 





Amendment 41


Proposal for a regulation


Article 1 — paragraph 1 — point 12

Regulation (EC) No 810/2009
Article 16







Present text




Amendment





 




Article 16 will be replaced as follows:






Article 16


‘Article 16




Visa fee


Visa fee





1.   Applicants shall pay a visa fee of EUR 80.




1.   Applicants shall pay a visa fee of EUR 80.





 





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
.






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
.





 





2a.
   
Applicants which form part of a group travelling for sports, cultural or educational purposes shall pay a visa fee of EUR 60.








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:











(a)


children under 
six
 years;












(a)


children under 
twelve
 years;














(b)


school pupils, students, postgraduate students and accompanying teachers who undertake stays for the purpose of study or educational training;












(b)


school pupils, students, postgraduate students and accompanying teachers who undertake stays for the purpose of study or educational training;














(c)


researchers from third countries travelling for the purpose of carrying out scientific research 
as defined in Recommendation No 2005/761/EC

 (27)

of the European Parliament and of the Council of 28 September 2005 to facilitate the issue by the Member States of uniform short-stay visas for researchers from third countries travelling within the Community for the purpose of carrying out
 scientific 
research (21)
;












(c)


researchers from third countries, 
as defined in Council Directive 2005/71/EC

 (27),travelling for the purpose of carrying out scientific research 
or participating in a scientific seminar or conference;
















(d)


representatives of non-profit organisations aged 25 years or less participating in seminars, conferences, sports, cultural or educational events organised by non-profit organisations.












(d)


representatives of non-profit organisations aged 25 years or less participating in seminars, conferences, sports, cultural or educational events organised by non-profit organisations.








 










(e)






family members of the citizens of the Union as referred in to Article 5(2) of Directive 2004/38/EC











5.   The visa fee may be waived for:




5.   The visa fee may be waived for:











(a)


children from the age of 
six
 years and below the age of 
12
 years;












(a)


children from the age of 
twelve
 years and below the age of 
18
 years;














(b)


holders of diplomatic and service passports;












(b)


holders of diplomatic and service passports;














(c)


participants aged 25 years or less in seminars, conferences, sports, cultural or educational events, organised by non-profit organisations.












(c)


participants aged 25 years or less in seminars, conferences, sports, cultural or educational events, organised by non-profit organisations.








 










(d)






applicants for a visa with limited territorial validity issued on humanitarian grounds, for reasons of national interest or because of international obligations as well as beneficiaries of a Union resettlement or relocation programme.










 










(e)






applicants for a visa with limited territorial validity











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
.’;










Amendment 42


Proposal for a regulation


Article 1 — paragraph 1 — point 13

Regulation (EC) No 810/2009
Article 17







Present text




Amendment





 










(13)





Article 17 will be amended as follows:









 




Article 17






 




Service fee







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).






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).





 





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.








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
’.






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.







 





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





 










(13 a)





Article 19 — paragraph 3









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:










—


return the application form and any documents submitted by the applicant,












—


return the application form and any documents submitted by the applicant,














—


destroy the collected biometric data,












—


destroy the collected biometric data,














—


reimburse the visa fee, and












—


reimburse the visa fee, and














—


not examine the application.












—


not examine the application.’









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





 










(13a)





in Article 19, paragraph 4 is replaced by the following:










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











(a)


in paragraph 3, point (e) is 
replaced by the following:














(a)


in paragraph 3, point (e) is 
deleted.











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





 










(aa)






paragraph 4 is replaced by the following:











4.   The Commission shall 
inform Member States of
 such notifications.









 




‘4.   The Commission shall 
publish
 such notifications.’;











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





 










(aa)






the following paragraph is inserted:





‘2a.
   
Applications shall be decided on without delay 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.’;












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





 





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











(a)


for a validity period of one year, provided that the applicant has obtained and lawfully used three visas within the previous two years;












(a)


for a validity period of one year, provided that the applicant has obtained and lawfully used three visas within the previous two years
, and for the case of seafarers in the performance of their duties, for a validity period of one year, provided that the applicant has obtained and lawfully used two visas within the previous two years
;









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











(b)


for a validity period of 
two
 years 
shall be issued, provided that
 the applicant has obtained 
and lawfully used a previous
 multiple-entry visa valid for one year;












(b)


for a validity period of 
2
 years 
if
 the applicant has obtained
, within the preceding two years, a
 multiple-entry visa valid for one year;









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











(c)


for a validity period of five years
, provided that
 the applicant has obtained 
and lawfully used
 a previous multiple-entry visa valid for two years.;












(c)


for a validity period of five years 
if
 the applicant has obtained
, within the preceding three years,
 a previous multiple-entry visa valid for two years.;









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





‘Article 25a


‘Article 25a




Cooperation on readmission


Cooperation on readmission





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
.





 


This article is without prejudice to the powers conferred on the Commission by Article 24(2d)





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:











(a)


the number of 
return decisions issued to persons illegally staying on the territory of the Member States from the third country in question
;












(a)


the number of 
third-country nationals who are subject to an administrative or judicial decision in accordance with Directive 2008/115/EC of the European Parliament and of the Council;
















(b)




the number of actual returns of persons issued with return decisions as a percentage of the number of return decisions issued to citizens of the third country in question including, where appropriate, on the basis of Union or bilateral readmission agreements, the number of third country nationals who have transited through its territory;








 












(c)




the number of readmission requests accepted by the third country as a percentage of the number of such applications submitted to it.














(b)




the number of readmission requests 
by a Member State
 accepted by the third country as a percentage of the number of such applications submitted to it;








 










(c)






the levels of practical cooperation in the area of return at the different stages of the return procedure, such as:










 








 










(i)






timely assistance of identification procedures;














(ii)






delivery and acceptance of necessary travel documents;














 




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.






 




In particular, the following elements shall be considered to assess a country’s cooperation on readmission:






 










(a)






participation in pilot projects on labour migration, thus contributing to the desincentivizing irregular migration;










 










(b)






demonstrated efforts to reintegrate returnees and ensure the sustainability of returns;










 










(c)






demonstrated efforts to fight against trafficking and smuggling and ensuing violations of rights of involved individuals (participation in capacity building and training activities including on preventing abuse and exploitation).










 




The Parliament shall be informed by the Commission of the conclusions of the assessment.







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.








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
.







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
:













(a)






temporarily suspending the application of either Article 14(6), Article 16(5) point (b), Article 23(1), or Article 24(2), or of some or all of those provisions, to all nationals on the third country concerned or to certain categories thereof, or
















(a)




cooperating sufficiently, 
it shall adopt an implementing act, in accordance with the examination procedure referred to in Article 52(2a), for certain categories of nationals or for all nationals of the third country concerned applying for visa on the territory of that third country:










 








 










(i)






lowering the visa fee according to Article 16(2a);














(ii)






reducing the time within which decisions on an application shall be made, according to Article 23(1a);














(iii)






increasing the period of validity of multiple entry visas according to the last subparagraph of Article 24(2); and/or














(iv)






facilitating participation in labour migration projects;






















(b)






applying the visa fee set out in Article 16(2a) to all nationals of the third country concerned or to certain categories thereof.
















(b)






not cooperating sufficiently, 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(2a):










 








 










(i)






temporarily modifying the application of either Article 14(6) or of Article 23(1), or temporarily suspending Article 16(5b), Article 23(1), or some of their provisions, or Article 24(2)
.’















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.





 







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.’





 





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





 










(aa)






in Article 32, paragraph 1, point (vii) is deleted


















(vii)






does not provide proof of holding adequate and valid travel medical insurance, where applicable;








 





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





 










(ab)






paragraph 2 is replaced by the following:












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.










 



‘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 
in a language which the applicant understands or can be reasonably supposed to understand
.’;










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





 





3a.
   
The standard form for notifying and motivating refusal, annulment or revocation of a visa set out in Annex VI shall be available, as a minimum, in the following languages:







 










(a)






the official language(s) of the Member State for which a visa is requested; and










 










(b)






the official language(s) of the host country.










 




In addition to the language(s) referred to in point (a), the form may be made available in any other official language(s) of the institutions of the European Union.;






 




A translation of this form into the official language(s) of the host country shall be produced under local Schengen cooperation provided for in Article 48.







Amendment 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





 










(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.





‘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





 










(22b)





in Article 35, paragraph 2 is deleted;










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





 










(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.





‘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





 










(26a)





in Article 38, the following paragraph is inserted:




‘4a.
   
Member States shall ensure that consulates have a complaints procedure in place for visa applicants. Information on this procedure shall be made available by the consulate on their website and, where applicable, by the external service provider. Member States shall ensure that a record of complaints is kept.’;












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





 










(26b)





in Article 39, paragraph 1 is amended










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





 










(26c)





in Article 39, paragraph 3 is amended as follows:










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











(c)


ensure a common translation of the application form, where relevant;












(c)


ensure a common translation of the application form, 
and of the standard form for notifying and giving reasons for refusal, annulment or revocation of a visa,
 where relevant;









Amendment 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











(vi)


trends in refusals;












(vi)


trends in refusals 
and the reasons therefor
;









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













(d)






information on insurance companies providing adequate travel medical insurance, including verification of the type of coverage and possible excess amount.










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





 










(34a)





Article 49 is amended









Article 49


‘Article 49




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






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





 





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).