Article 43 Cooperation with external service providers
1. Member States shall endeavour to cooperate with an external service provider together with one or more Member States, without prejudice to public procurement and competition rules. 2. Cooperation with an external service provider shall be based on a legal instrument that shall comply with the requirements set out in Annex X. 3. Member States shall, within the framework of local Schengen cooperation, exchange information about the selection of external service providers and the establishment of the terms and conditions of their respective legal instruments. 4. The examination of applications, interviews (where appropriate), the decision on applications and the printing and affixing of visa stickers shall be carried out only by the consulate. 5. External service providers shall not have access to the VIS under any circumstances. Access to the VIS shall be reserved exclusively to duly authorised staff of consulates. 6. An external service provider may be entrusted with the performance of one or more of the following tasks: (a) providing general information on visa requirements and application forms; (b) informing the applicant of the required supporting documents, on the basis of a checklist; (c) collecting data and applications (including collection of biometric identifiers) and transmitting the application to the consulate; (d) collecting the visa fee; (e) managing the appointments for appearance in person at the consulate or at the external service provider; (f) collecting the travel documents, including a refusal notification if applicable, from the consulate and returning them to the applicant. 7. When selecting an external service provider, the Member State(s) concerned shall scrutinise the solvency and reliability of the company, including the necessary licences, commercial registration, company statutes, bank contracts, and ensure that there is no conflict of interests. 8. The Member State(s) concerned shall ensure that the external service provider selected complies with the terms and conditions assigned to it in the legal instrument referred to in paragraph 2. 9. The Member State(s) concerned shall remain responsible for compliance with data protection rules for the processing of data and shall be supervised in accordance with Article 28 of Directive 95/46/EC. Cooperation with an external service provider shall not limit or exclude any liability arising under the national law of the Member State(s) concerned for breaches of obligations with regard to the personal data of applicants or the performance of one or more of the tasks referred to in paragraph 6. This provision is without prejudice to any action which may be taken directly against the external service provider under the national law of the third country concerned. 10. The Member State(s) concerned shall provide training to the external service provider, corresponding to the knowledge needed to offer an appropriate service and sufficient information to applicants. 11. The Member State(s) concerned shall closely monitor the implementation of the legal instrument referred to in paragraph 2, including: (a) the general information on visa requirements and application forms provided by the external service provider to applicants; (b) all the technical and organisational security measures required to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the cooperation involves the transmission of files and data to the consulate of the Member State(s) concerned, and all other unlawful forms of processing personal data; (c) the collection and transmission of biometric identifiers; (d) the measures taken to ensure compliance with data protection provisions. To this end, the consulate(s) of the Member State(s) concerned shall, on a regular basis, carry out spot checks on the premises of the external service provider. 12. In the event of termination of cooperation with an external service provider, Member States shall ensure the continuity of full service. 13. Member States shall provide the Commission with a copy of the legal instrument referred to in paragraph 2.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The Visa Code is a core element of the common visa policy: it establishes harmonised procedures and conditions for processing visa applications and issuing visas. It entered into force on 5 April 2010, with the overarching objectives of facilitating legitimate travel and tackling irregular immigration, enhancing transparency and legal certainty, strengthening procedural guarantees and reinforcing equal treatment of visa applicants. The Visa Code required the Commission to submit to the European Parliament and the Council an evaluation of its implementation two years after all the provisions of the Regulation had become applicable. It presented its evaluation in a report 1 and accompanying staff working document 2 on 1 April 2014. On the basis of this evaluation, on the same date the Commission adopted a proposal 3 for a recast of the Visa Code with the aim of enhancing travel to the EU through visa policy facilitations (thereby to contributing to tourism, trade, growth and employment in the EU) and to harmonising implementation of the common rules. However, due to divergences in the positions of the European Parliament and the Council, negotiations have not progressed. Meanwhile, greater security and migratory challenges have made it clear that the approach followed in 2014 no longer matches reality. T hese factors prompte d the Commission to announce the withdrawal of its recast proposal in the Commission Work programme for 2018 4 . The formal withdrawal will take place in April 2018. While migration- and security-related objectives have become increasingly important, one should not lose sight of the fact that the vast majority of visa applicants pose no security and/or migratory risk to the EU and are bringing significant benefits to the EU. Therefore, this proposal focuses on streamlining and improving operational aspects of the visa procedure and takes account of the results of negotiations on the Visa Code recast proposal. New elements have been added which were advanced in the Commission's September 2017 Communication on the Delivery of the European Agenda on Migration 5 and in its consultations, such as the need for sufficient financial resources to support Member States' visa processing, clear rules on the issuing of multiple entry visas with a long period of validity and the leverage role that visa policy can exert in the EU's readmission policy. The Commission’s proposal for the reform of the Visa Information System legal framework (to be presented in spring 2018) will further enhance the security and efficiency of the visa procedure, in particular by taking account of technological developments and harnessing them to the benefit of Member States' authorities and bona fide applicants, closing information gaps in some areas, enhancing checks on persons and speeding up the quality and outcome of the procedure.
Revised version (Article 43 Cooperation with external service providers):
1. Member States shall endeavour to cooperate with an external service provider together with one or more Member States, without prejudice to public procurement and competition rules. 2. Cooperation with an external service provider shall be based on a legal instrument that shall comply with the requirements set out in Annex X. 4. The examination of applications, interviews (where appropriate), the decision on applications and the printing and affixing of visa stickers shall be carried out only by the consulate. 5. External service providers shall not have access to the VIS under any circumstances. Access to the VIS shall be reserved exclusively to duly authorised staff of consulates or of the central authorities. 7. When selecting an external service provider, the Member State concerned shall assess the reliability and solvency of the organisation or company and ensure that there is no conflict of interests. The assessment shall include, as appropriate, scrutiny of the necessary licences, commercial registration, statutes and bank contracts. 8. The Member State(s) concerned shall ensure that the external service provider selected complies with the terms and conditions assigned to it in the legal instrument referred to in paragraph 2. 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 monitoring by the data protection supervisory authorities pursuant to Article 51(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council ( 9 ). 10. The Member State(s) concerned shall provide training to the external service provider, corresponding to the knowledge needed to offer an appropriate service and sufficient information to applicants. To this end, the consulate(s) or the central authorities of the Member State(s) concerned shall, on a regular basis and at least every nine months, carry out spot checks on the premises of the external service provider. Member States may agree to share the burden of this regular monitoring. 11a. By 1 February each year, Member States shall report to the Commission on their cooperation with, and monitoring, as referred to in point C of Annex X, of external service providers worldwide. 12. In the event of termination of cooperation with an external service provider, Member States shall ensure the continuity of full service. 13. Member States shall provide the Commission with a copy of the legal instrument referred to in paragraph 2.
Article 44 Encryption and secure transfer of data
1. In the case of representation arrangements between Member States and cooperation of Member States with an external service provider and recourse to honorary consuls, the represented Member State(s) or the Member State(s) concerned shall ensure that the data are fully encrypted, whether electronically transferred or physically transferred on an electronic storage medium from the authorities of the representing Member State to the authorities of the represented Member State(s) or from the external service provider or from the honorary consul to the authorities of the Member State(s) concerned. 2. In third countries which prohibit encryption of data to be electronically transferred from the authorities of the representing Member State to the authorities of the represented Member State(s) or from the external service provider or from the honorary consul to the authorities of the Member State(s) concerned, the represented Members State(s) or the Member State(s) concerned shall not allow the representing Member State or the external service provider or the honorary consul to transfer data electronically. In such a case, the represented Member State(s) or the Member State(s) concerned shall ensure that the electronic data are transferred physically in fully encrypted form on an electronic storage medium from the authorities of the representing Member State to the authorities of the represented Member State(s) or from the external service provider or from the honorary consul to the authorities of the Member State(s) concerned by a consular officer of a Member State or, where such a transfer would require disproportionate or unreasonable measures to be taken, in another safe and secure way, for example by using established operators experienced in transporting sensitive documents and data in the third country concerned. 3. In all cases the level of security for the transfer shall be adapted to the sensitive nature of the data. 4. The Member States or the Community shall endeavour to reach agreement with the third countries concerned with the aim of lifting the prohibition against encryption of data to be electronically transferred from the authorities of the representing Member State to the authorities of the represented Member State(s) or from the external service provider or from the honorary consul to the authorities of the Member State(s) concerned.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The Visa Code is a core element of the common visa policy: it establishes harmonised procedures and conditions for processing visa applications and issuing visas. It entered into force on 5 April 2010, with the overarching objectives of facilitating legitimate travel and tackling irregular immigration, enhancing transparency and legal certainty, strengthening procedural guarantees and reinforcing equal treatment of visa applicants. The Visa Code required the Commission to submit to the European Parliament and the Council an evaluation of its implementation two years after all the provisions of the Regulation had become applicable. It presented its evaluation in a report 1 and accompanying staff working document 2 on 1 April 2014. On the basis of this evaluation, on the same date the Commission adopted a proposal 3 for a recast of the Visa Code with the aim of enhancing travel to the EU through visa policy facilitations (thereby to contributing to tourism, trade, growth and employment in the EU) and to harmonising implementation of the common rules. However, due to divergences in the positions of the European Parliament and the Council, negotiations have not progressed. Meanwhile, greater security and migratory challenges have made it clear that the approach followed in 2014 no longer matches reality. T hese factors prompte d the Commission to announce the withdrawal of its recast proposal in the Commission Work programme for 2018 4 . The formal withdrawal will take place in April 2018. While migration- and security-related objectives have become increasingly important, one should not lose sight of the fact that the vast majority of visa applicants pose no security and/or migratory risk to the EU and are bringing significant benefits to the EU. Therefore, this proposal focuses on streamlining and improving operational aspects of the visa procedure and takes account of the results of negotiations on the Visa Code recast proposal. New elements have been added which were advanced in the Commission's September 2017 Communication on the Delivery of the European Agenda on Migration 5 and in its consultations, such as the need for sufficient financial resources to support Member States' visa processing, clear rules on the issuing of multiple entry visas with a long period of validity and the leverage role that visa policy can exert in the EU's readmission policy. The Commission’s proposal for the reform of the Visa Information System legal framework (to be presented in spring 2018) will further enhance the security and efficiency of the visa procedure, in particular by taking account of technological developments and harnessing them to the benefit of Member States' authorities and bona fide applicants, closing information gaps in some areas, enhancing checks on persons and speeding up the quality and outcome of the procedure.
Revised version (Article 44 Encryption and secure transfer of data):
1. In the case of cooperation among Member States and cooperation with an external service provider and recourse to honorary consuls, the Member State(s) concerned shall ensure that data are fully encrypted, whether transferred electronically or physically on an electronic storage medium. 2. In third countries that prohibit the encrypted data to be electronically transferred, the Member State(s) concerned shall not allow data to be transferred electronically. In such cases, the Member State(s) concerned shall ensure that the electronic data are transferred physically in fully encrypted form on an electronic storage medium by a consular officer of a Member State or, where such transfer would require disproportionate or unreasonable measures, in another safe and secure way, for example by using established operators experienced in transporting sensitive documents and data in the third country concerned. 3. In all cases the level of security for the transfer shall be adapted to the sensitive nature of the data.
Article 45 Member States’ cooperation with commercial intermediaries
1. Member States may cooperate with commercial intermediaries for the lodging of applications, except for the collection of biometric identifiers. 2. Such cooperation shall be based on the granting of an accreditation by Member States’ relevant authorities. The accreditation shall, in particular, be based on the verification of the following aspects: (a) the current status of the commercial intermediary: current licence, the commercial register, contracts with banks; (b) existing contracts with commercial partners based in the Member States offering accommodation and other package tour services; (c) contracts with transport companies, which must include an outward journey, as well as a guaranteed and fixed return journey. 3. Accredited commercial intermediaries shall be monitored regularly by spot checks involving personal or telephone interviews with applicants, verification of trips and accommodation, verification that the travel medical insurance provided is adequate and covers individual travellers, and wherever deemed necessary, verification of the documents relating to group return. 4. Within local Schengen cooperation, information shall be exchanged on the performance of the accredited commercial intermediaries concerning irregularities detected and refusal of applications submitted by commercial intermediaries, and on detected forms of travel document fraud and failure to carry out scheduled trips. 5. Within local Schengen cooperation, lists shall be exchanged of commercial intermediaries to which accreditation has been given by each consulate and from which accreditation has been withdrawn, together with the reasons for any such withdrawal. Each consulate shall make sure that the public is informed about the list of accredited commercial intermediaries with which it cooperates.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The Visa Code is a core element of the common visa policy: it establishes harmonised procedures and conditions for processing visa applications and issuing visas. It entered into force on 5 April 2010, with the overarching objectives of facilitating legitimate travel and tackling irregular immigration, enhancing transparency and legal certainty, strengthening procedural guarantees and reinforcing equal treatment of visa applicants. The Visa Code required the Commission to submit to the European Parliament and the Council an evaluation of its implementation two years after all the provisions of the Regulation had become applicable. It presented its evaluation in a report 1 and accompanying staff working document 2 on 1 April 2014. On the basis of this evaluation, on the same date the Commission adopted a proposal 3 for a recast of the Visa Code with the aim of enhancing travel to the EU through visa policy facilitations (thereby to contributing to tourism, trade, growth and employment in the EU) and to harmonising implementation of the common rules. However, due to divergences in the positions of the European Parliament and the Council, negotiations have not progressed. Meanwhile, greater security and migratory challenges have made it clear that the approach followed in 2014 no longer matches reality. T hese factors prompte d the Commission to announce the withdrawal of its recast proposal in the Commission Work programme for 2018 4 . The formal withdrawal will take place in April 2018. While migration- and security-related objectives have become increasingly important, one should not lose sight of the fact that the vast majority of visa applicants pose no security and/or migratory risk to the EU and are bringing significant benefits to the EU. Therefore, this proposal focuses on streamlining and improving operational aspects of the visa procedure and takes account of the results of negotiations on the Visa Code recast proposal. New elements have been added which were advanced in the Commission's September 2017 Communication on the Delivery of the European Agenda on Migration 5 and in its consultations, such as the need for sufficient financial resources to support Member States' visa processing, clear rules on the issuing of multiple entry visas with a long period of validity and the leverage role that visa policy can exert in the EU's readmission policy. The Commission’s proposal for the reform of the Visa Information System legal framework (to be presented in spring 2018) will further enhance the security and efficiency of the visa procedure, in particular by taking account of technological developments and harnessing them to the benefit of Member States' authorities and bona fide applicants, closing information gaps in some areas, enhancing checks on persons and speeding up the quality and outcome of the procedure.
Revised version (Article 45 Member States’ cooperation with commercial intermediaries):
1. Member States may cooperate with commercial intermediaries for the lodging of applications, except for the collection of biometric identifiers. 3. Accredited commercial intermediaries shall be monitored regularly by spot checks involving face-to-face or telephone interviews with applicants, the verification of trips and accommodation, and wherever deemed necessary, the verification of the documents relating to group return. 4. Within local Schengen cooperation, information shall be exchanged on the performance of the accredited commercial intermediaries concerning irregularities detected and refusal of applications submitted by commercial intermediaries, and on detected forms of travel document fraud and failure to carry out scheduled trips. 5. Within local Schengen cooperation, lists shall be exchanged of commercial intermediaries to which accreditation has been given by each consulate and from which accreditation has been withdrawn, together with the reasons for any such withdrawal. Each consulate and the central authorities shall make sure that the public is informed of the list of accredited commercial intermediaries with which they cooperate, where relevant.
Article 46 Compilation of statistics
Member States shall compile annual statistics on visas, in accordance with the table set out in Annex XII. These statistics shall be submitted by 1 March for the preceding calendar year.
Article 47 Information to the general public
1. Member States’ central authorities and consulates shall provide the general public with all relevant information in relation to the application for a visa, in particular: (a) the criteria, conditions and procedures for applying for a visa; (b) the means of obtaining an appointment, if applicable; (c) where the application may be submitted (competent consulate, Common Application Centre or external service provider); (d) accredited commercial intermediaries; (e) the fact that the stamp as provided for in Article 20 has no legal implications; (f) the time limits for examining applications provided for in Article 23(1), (2) and (3); (g) the third countries whose nationals or specific categories of whose nationals are subject to prior consultation or information; (h) that negative decisions on applications must be notified to the applicant, that such decisions must state the reasons on which they are based and that applicants whose applications are refused have a right to appeal, with information regarding the procedure to be followed in the event of an appeal, including the competent authority, as well as the time limit for lodging an appeal; (i) that mere possession of a visa does not confer an automatic right of entry and that the holders of visa are requested to present proof that they fulfil the entry conditions at the external border, as provided for in Article 5 of the Schengen Borders Code. 2. The representing and represented Member State shall inform the general public about representation arrangements as referred to in Article 8 before such arrangements enter into force.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The Visa Code is a core element of the common visa policy: it establishes harmonised procedures and conditions for processing visa applications and issuing visas. It entered into force on 5 April 2010, with the overarching objectives of facilitating legitimate travel and tackling irregular immigration, enhancing transparency and legal certainty, strengthening procedural guarantees and reinforcing equal treatment of visa applicants. The Visa Code required the Commission to submit to the European Parliament and the Council an evaluation of its implementation two years after all the provisions of the Regulation had become applicable. It presented its evaluation in a report 1 and accompanying staff working document 2 on 1 April 2014. On the basis of this evaluation, on the same date the Commission adopted a proposal 3 for a recast of the Visa Code with the aim of enhancing travel to the EU through visa policy facilitations (thereby to contributing to tourism, trade, growth and employment in the EU) and to harmonising implementation of the common rules. However, due to divergences in the positions of the European Parliament and the Council, negotiations have not progressed. Meanwhile, greater security and migratory challenges have made it clear that the approach followed in 2014 no longer matches reality. T hese factors prompte d the Commission to announce the withdrawal of its recast proposal in the Commission Work programme for 2018 4 . The formal withdrawal will take place in April 2018. While migration- and security-related objectives have become increasingly important, one should not lose sight of the fact that the vast majority of visa applicants pose no security and/or migratory risk to the EU and are bringing significant benefits to the EU. Therefore, this proposal focuses on streamlining and improving operational aspects of the visa procedure and takes account of the results of negotiations on the Visa Code recast proposal. New elements have been added which were advanced in the Commission's September 2017 Communication on the Delivery of the European Agenda on Migration 5 and in its consultations, such as the need for sufficient financial resources to support Member States' visa processing, clear rules on the issuing of multiple entry visas with a long period of validity and the leverage role that visa policy can exert in the EU's readmission policy. The Commission’s proposal for the reform of the Visa Information System legal framework (to be presented in spring 2018) will further enhance the security and efficiency of the visa procedure, in particular by taking account of technological developments and harnessing them to the benefit of Member States' authorities and bona fide applicants, closing information gaps in some areas, enhancing checks on persons and speeding up the quality and outcome of the procedure.
Revised version (Article 47 Information to the general public):
2. The representing and represented Member State shall inform the general public about representation arrangements as referred to in Article 8 before such arrangements enter into force.
Article 48 Local Schengen cooperation between Member States’ consulates
1. In order to ensure a harmonised application of the common visa policy taking into account, where appropriate, local circumstances, Member States’ consulates and the Commission shall cooperate within each jurisdiction and assess the need to establish in particular: (a) a harmonised list of supporting documents to be submitted by applicants, taking into account Article 14 and Annex II; (b) common criteria for examining applications in relation to exemptions from paying the visa fee in accordance with Article 16(5) and matters relating to the translation of the application form in accordance with Article 11(5); (c) an exhaustive list of travel documents issued by the host country, which shall be updated regularly. If in relation to one or more of the points (a) to (c), the assessment within local Schengen cooperation confirms the need for a local harmonised approach, measures on such an approach shall be adopted pursuant to the procedure referred to in Article 52(2). 2. Within local Schengen cooperation a common information sheet shall be established on uniform visas and visas with limited territorial validity and airport transit visas, namely, the rights that the visa implies and the conditions for applying for it, including, where applicable, the list of supporting documents as referred to in paragraph 1(a). 3. The following information shall be exchanged within local Schengen cooperation: (a) monthly statistics on uniform visas, visas with limited territorial validity, and airport transit visas issued, as well as the number of visas refused; (b) with regard to the assessment of migratory and/or security risks, information on: (i) the socioeconomic structure of the host country; (ii) sources of information at local level, including social security, health insurance, fiscal registers and entry-exit registrations; (iii) the use of false, counterfeit or forged documents; (iv) illegal immigration routes; (v) refusals; (b) with regard to the assessment of migratory and/or security risks, information on: (i) the socioeconomic structure of the host country; (ii) sources of information at local level, including social security, health insurance, fiscal registers and entry-exit registrations; (iii) the use of false, counterfeit or forged documents; (iv) illegal immigration routes; (v) refusals; (c) information on cooperation with transport companies; (d) information on insurance companies providing adequate travel medical insurance, including verification of the type of coverage and possible excess amount. 4. Local Schengen cooperation meetings to deal specifically with operational issues in relation to the application of the common visa policy shall be organised regularly among Member States and the Commission. These meetings shall be convened within the jurisdiction by the Commission, unless otherwise agreed at the request of the Commission. Single-topic meetings may be organised and sub-groups set up to study specific issues within local Schengen cooperation. 5. Summary reports of local Schengen cooperation meetings shall be drawn up systematically and circulated locally. The Commission may delegate the drawing up of the reports to a Member State. The consulates of each Member State shall forward the reports to their central authorities. On the basis of these reports, the Commission shall draw up an annual report within each jurisdiction to be submitted to the European Parliament and the Council. 6. Representatives of the consulates of Member States not applying the Community acquis in relation to visas, or of third countries, may on an ad hoc basis be invited to participate in meetings for the exchange of information on issues relating to visas.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The Visa Code is a core element of the common visa policy: it establishes harmonised procedures and conditions for processing visa applications and issuing visas. It entered into force on 5 April 2010, with the overarching objectives of facilitating legitimate travel and tackling irregular immigration, enhancing transparency and legal certainty, strengthening procedural guarantees and reinforcing equal treatment of visa applicants. The Visa Code required the Commission to submit to the European Parliament and the Council an evaluation of its implementation two years after all the provisions of the Regulation had become applicable. It presented its evaluation in a report 1 and accompanying staff working document 2 on 1 April 2014. On the basis of this evaluation, on the same date the Commission adopted a proposal 3 for a recast of the Visa Code with the aim of enhancing travel to the EU through visa policy facilitations (thereby to contributing to tourism, trade, growth and employment in the EU) and to harmonising implementation of the common rules. However, due to divergences in the positions of the European Parliament and the Council, negotiations have not progressed. Meanwhile, greater security and migratory challenges have made it clear that the approach followed in 2014 no longer matches reality. T hese factors prompte d the Commission to announce the withdrawal of its recast proposal in the Commission Work programme for 2018 4 . The formal withdrawal will take place in April 2018. While migration- and security-related objectives have become increasingly important, one should not lose sight of the fact that the vast majority of visa applicants pose no security and/or migratory risk to the EU and are bringing significant benefits to the EU. Therefore, this proposal focuses on streamlining and improving operational aspects of the visa procedure and takes account of the results of negotiations on the Visa Code recast proposal. New elements have been added which were advanced in the Commission's September 2017 Communication on the Delivery of the European Agenda on Migration 5 and in its consultations, such as the need for sufficient financial resources to support Member States' visa processing, clear rules on the issuing of multiple entry visas with a long period of validity and the leverage role that visa policy can exert in the EU's readmission policy. The Commission’s proposal for the reform of the Visa Information System legal framework (to be presented in spring 2018) will further enhance the security and efficiency of the visa procedure, in particular by taking account of technological developments and harnessing them to the benefit of Member States' authorities and bona fide applicants, closing information gaps in some areas, enhancing checks on persons and speeding up the quality and outcome of the procedure.
Revised version (Article 48 Local Schengen cooperation between Member States’ consulates):
1. Consulates and the Union delegations shall cooperate within each jurisdiction to ensure a harmonised application of the common visa policy taking into account local circumstances. To that end, in accordance with Article 5(3) of Council Decision 2010/427/EU ( 10 ), the Commission shall issue instructions to Union delegations to carry out the relevant coordination tasks provided for in this Article. Where applications lodged in the jurisdiction concerned are examined and decided on by central authorities as referred to in Article 4(1a), Member States shall ensure the active involvement of those central authorities in local Schengen cooperation. The staff contributing to local Schengen cooperation shall be adequately trained and involved in the examination of applications in the jurisdiction concerned. 4. Local Schengen cooperation meetings to deal specifically with operational issues in relation to the application of the common visa policy shall be organised regularly among Member States and the Commission. These meetings shall be convened within the jurisdiction by the Commission, unless otherwise agreed at the request of the Commission. Single-topic meetings may be organised and sub-groups set up to study specific issues within local Schengen cooperation. 5. Summary reports of local Schengen cooperation meetings shall be drawn up systematically and circulated locally. The Commission may delegate the drawing up of the reports to a Member State. The consulates of each Member State shall forward the reports to their central authorities. 6. Representatives of the consulates of Member States not applying the Community acquis in relation to visas, or of third countries, may on an ad hoc basis be invited to participate in meetings for the exchange of information on issues relating to visas. 7. An annual report shall be drawn up within each jurisdiction by 31 December each year. On the basis of those reports, the Commission shall draw up an annual report on the state of local Schengen cooperation to be submitted to the European Parliament and to the Council.
Article 49 Arrangements in relation to the Olympic Games and Paralympic Games
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.
Article 50 Amendments to the Annexes
Measures designed to amend non-essential elements of this Regulation and amending Annexes I, II, III, IV, V, VI, VII, VIII and XII shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 52(3).
Article 51 Instructions on the practical application of the Visa Code
Operational instructions on the practical application of the provisions of this Regulation shall be drawn up in accordance with the procedure referred to in Article 52(2).
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The Visa Code is a core element of the common visa policy: it establishes harmonised procedures and conditions for processing visa applications and issuing visas. It entered into force on 5 April 2010, with the overarching objectives of facilitating legitimate travel and tackling irregular immigration, enhancing transparency and legal certainty, strengthening procedural guarantees and reinforcing equal treatment of visa applicants. The Visa Code required the Commission to submit to the European Parliament and the Council an evaluation of its implementation two years after all the provisions of the Regulation had become applicable. It presented its evaluation in a report 1 and accompanying staff working document 2 on 1 April 2014. On the basis of this evaluation, on the same date the Commission adopted a proposal 3 for a recast of the Visa Code with the aim of enhancing travel to the EU through visa policy facilitations (thereby to contributing to tourism, trade, growth and employment in the EU) and to harmonising implementation of the common rules. However, due to divergences in the positions of the European Parliament and the Council, negotiations have not progressed. Meanwhile, greater security and migratory challenges have made it clear that the approach followed in 2014 no longer matches reality. T hese factors prompte d the Commission to announce the withdrawal of its recast proposal in the Commission Work programme for 2018 4 . The formal withdrawal will take place in April 2018. While migration- and security-related objectives have become increasingly important, one should not lose sight of the fact that the vast majority of visa applicants pose no security and/or migratory risk to the EU and are bringing significant benefits to the EU. Therefore, this proposal focuses on streamlining and improving operational aspects of the visa procedure and takes account of the results of negotiations on the Visa Code recast proposal. New elements have been added which were advanced in the Commission's September 2017 Communication on the Delivery of the European Agenda on Migration 5 and in its consultations, such as the need for sufficient financial resources to support Member States' visa processing, clear rules on the issuing of multiple entry visas with a long period of validity and the leverage role that visa policy can exert in the EU's readmission policy. The Commission’s proposal for the reform of the Visa Information System legal framework (to be presented in spring 2018) will further enhance the security and efficiency of the visa procedure, in particular by taking account of technological developments and harnessing them to the benefit of Member States' authorities and bona fide applicants, closing information gaps in some areas, enhancing checks on persons and speeding up the quality and outcome of the procedure.
Revised version (Article 51 Instructions on the practical application of this Regulation):
The Commission shall by means of implementing acts adopt the operational instructions on the practical application of the provisions of this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 52(2).
Article 52 Committee procedure
1. The Commission shall be assisted by a committee (the Visa Committee). 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof and provided that the implementing measures adopted in accordance with this procedure do not modify the essential provisions of this Regulation. The period laid down in Article 5(6) of Decision 1999/468/EC shall be three months. 3. Where reference is made to this paragraph, Articles 5a(1) to (4) and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The Visa Code is a core element of the common visa policy: it establishes harmonised procedures and conditions for processing visa applications and issuing visas. It entered into force on 5 April 2010, with the overarching objectives of facilitating legitimate travel and tackling irregular immigration, enhancing transparency and legal certainty, strengthening procedural guarantees and reinforcing equal treatment of visa applicants. The Visa Code required the Commission to submit to the European Parliament and the Council an evaluation of its implementation two years after all the provisions of the Regulation had become applicable. It presented its evaluation in a report 1 and accompanying staff working document 2 on 1 April 2014. On the basis of this evaluation, on the same date the Commission adopted a proposal 3 for a recast of the Visa Code with the aim of enhancing travel to the EU through visa policy facilitations (thereby to contributing to tourism, trade, growth and employment in the EU) and to harmonising implementation of the common rules. However, due to divergences in the positions of the European Parliament and the Council, negotiations have not progressed. Meanwhile, greater security and migratory challenges have made it clear that the approach followed in 2014 no longer matches reality. T hese factors prompte d the Commission to announce the withdrawal of its recast proposal in the Commission Work programme for 2018 4 . The formal withdrawal will take place in April 2018. While migration- and security-related objectives have become increasingly important, one should not lose sight of the fact that the vast majority of visa applicants pose no security and/or migratory risk to the EU and are bringing significant benefits to the EU. Therefore, this proposal focuses on streamlining and improving operational aspects of the visa procedure and takes account of the results of negotiations on the Visa Code recast proposal. New elements have been added which were advanced in the Commission's September 2017 Communication on the Delivery of the European Agenda on Migration 5 and in its consultations, such as the need for sufficient financial resources to support Member States' visa processing, clear rules on the issuing of multiple entry visas with a long period of validity and the leverage role that visa policy can exert in the EU's readmission policy. The Commission’s proposal for the reform of the Visa Information System legal framework (to be presented in spring 2018) will further enhance the security and efficiency of the visa procedure, in particular by taking account of technological developments and harnessing them to the benefit of Member States' authorities and bona fide applicants, closing information gaps in some areas, enhancing checks on persons and speeding up the quality and outcome of the procedure.
Revised version (Article 52 Committee procedure):
1. The Commission shall be assisted by a committee (the ‘Visa Committee’). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council ( 12 ). 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 53 Notification
1. Member States shall notify the Commission of: (a) representation arrangements referred to in Article 8; (b) third countries whose nationals are required by individual Member States to hold an airport transit visa when passing through the international transit areas of airports situated on their territory, as referred to in Article 3; (c) the national form for proof of sponsorship and/or private accommodation referred to in Article 14(4), if applicable; (d) the list of third countries for which prior consultation referred to in Article 22(1) is required; (e) the list of third countries for which information referred to in Article 31(1) is required; (f) the additional national entries in the ‘comments’ section of the visa sticker, as referred to in Article 27(2); (g) authorities competent for extending visas, as referred to in Article 33(5); (h) the forms of cooperation chosen as referred to in Article 40; (i) statistics compiled in accordance with Article 46 and Annex XII. 2. The Commission shall make the information notified pursuant to paragraph 1 available to the Member States and the public via a constantly updated electronic publication.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The Visa Code is a core element of the common visa policy: it establishes harmonised procedures and conditions for processing visa applications and issuing visas. It entered into force on 5 April 2010, with the overarching objectives of facilitating legitimate travel and tackling irregular immigration, enhancing transparency and legal certainty, strengthening procedural guarantees and reinforcing equal treatment of visa applicants. The Visa Code required the Commission to submit to the European Parliament and the Council an evaluation of its implementation two years after all the provisions of the Regulation had become applicable. It presented its evaluation in a report 1 and accompanying staff working document 2 on 1 April 2014. On the basis of this evaluation, on the same date the Commission adopted a proposal 3 for a recast of the Visa Code with the aim of enhancing travel to the EU through visa policy facilitations (thereby to contributing to tourism, trade, growth and employment in the EU) and to harmonising implementation of the common rules. However, due to divergences in the positions of the European Parliament and the Council, negotiations have not progressed. Meanwhile, greater security and migratory challenges have made it clear that the approach followed in 2014 no longer matches reality. T hese factors prompte d the Commission to announce the withdrawal of its recast proposal in the Commission Work programme for 2018 4 . The formal withdrawal will take place in April 2018. While migration- and security-related objectives have become increasingly important, one should not lose sight of the fact that the vast majority of visa applicants pose no security and/or migratory risk to the EU and are bringing significant benefits to the EU. Therefore, this proposal focuses on streamlining and improving operational aspects of the visa procedure and takes account of the results of negotiations on the Visa Code recast proposal. New elements have been added which were advanced in the Commission's September 2017 Communication on the Delivery of the European Agenda on Migration 5 and in its consultations, such as the need for sufficient financial resources to support Member States' visa processing, clear rules on the issuing of multiple entry visas with a long period of validity and the leverage role that visa policy can exert in the EU's readmission policy. The Commission’s proposal for the reform of the Visa Information System legal framework (to be presented in spring 2018) will further enhance the security and efficiency of the visa procedure, in particular by taking account of technological developments and harnessing them to the benefit of Member States' authorities and bona fide applicants, closing information gaps in some areas, enhancing checks on persons and speeding up the quality and outcome of the procedure.
Revised version (Article 53 Notification):
2. The Commission shall make the information notified pursuant to paragraph 1 available to the Member States and the public via a constantly updated electronic publication.
Article 54 Amendments to Regulation (EC) No 767/2008
Regulation (EC) No 767/2008 is hereby amended as follows: 1. Article 4(1) shall be amended as follows: (a) point (a) shall be replaced by the following: ‘(a) “uniform visa” as defined in Article 2(3) of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community code on Visas (Visa Code) ( 22 ); (b) point (b) shall be deleted; (c) point (c) shall be replaced by the following: ‘(c) “airport transit visa” as defined in Article 2(5) of Regulation (EC) No 810/2009;’; (d) point (d) shall be replaced by the following: ‘(d) “visa with limited territorial validity” as defined in Article 2(4) of Regulation (EC) No 810/2009;’; (e) point (e) shall be deleted; 1. Article 4(1) shall be amended as follows: (a) point (a) shall be replaced by the following: ‘(a) “uniform visa” as defined in Article 2(3) of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community code on Visas (Visa Code) ( 22 ); (b) point (b) shall be deleted; (c) point (c) shall be replaced by the following: ‘(c) “airport transit visa” as defined in Article 2(5) of Regulation (EC) No 810/2009;’; (d) point (d) shall be replaced by the following: ‘(d) “visa with limited territorial validity” as defined in Article 2(4) of Regulation (EC) No 810/2009;’; (e) point (e) shall be deleted; 2. in Article 8(1), the words ‘On receipt of an application’, shall be replaced by the following: ‘When the application is admissible according to Article 19 of Regulation (EC) No 810/2009’; 2. in Article 8(1), the words ‘On receipt of an application’, shall be replaced by the following: ‘When the application is admissible according to Article 19 of Regulation (EC) No 810/2009’; 3. Article 9 shall be amended as follows: (a) the heading shall be replaced by the following: ‘Data to be entered on application’; (b) paragraph 4 shall be amended as follows: (i) point (a) shall be replaced by the following: ‘(a) surname (family name), surname at birth (former family name(s)), first name(s) (given name(s)); date of birth, place of birth, country of birth, sex;’; (ii) point (e) shall be deleted; (iii) point (g) shall be replaced by the following: ‘(g) Member State(s) of destination and duration of the intended stay or transit;’; (iv) point (h) shall be replaced by the following: ‘(h) main purpose(s) of the journey;’; (v) point (i) shall be replaced by the following: ‘(i) intended date of arrival in the Schengen area and intended date of departure from the Schengen area;’; (vi) point (j) shall be replaced by the following: ‘(j) Member State of first entry;’; (vii) point (k) shall be replaced by the following: ‘(k) the applicant’s home address;’; (viii) in point (l), the word ‘school’ shall be replaced by: ‘educational establishment’; (ix) in point (m), the words ‘father and mother’ shall be replaced by ‘parental authority or legal guardian’; 3. Article 9 shall be amended as follows: (a) the heading shall be replaced by the following: ‘Data to be entered on application’; (b) paragraph 4 shall be amended as follows: (i) point (a) shall be replaced by the following: ‘(a) surname (family name), surname at birth (former family name(s)), first name(s) (given name(s)); date of birth, place of birth, country of birth, sex;’; (ii) point (e) shall be deleted; (iii) point (g) shall be replaced by the following: ‘(g) Member State(s) of destination and duration of the intended stay or transit;’; (iv) point (h) shall be replaced by the following: ‘(h) main purpose(s) of the journey;’; (v) point (i) shall be replaced by the following: ‘(i) intended date of arrival in the Schengen area and intended date of departure from the Schengen area;’; (vi) point (j) shall be replaced by the following: ‘(j) Member State of first entry;’; (vii) point (k) shall be replaced by the following: ‘(k) the applicant’s home address;’; (viii) in point (l), the word ‘school’ shall be replaced by: ‘educational establishment’; (ix) in point (m), the words ‘father and mother’ shall be replaced by ‘parental authority or legal guardian’; (b) paragraph 4 shall be amended as follows: ‘(a) surname (family name), surname at birth (former family name(s)), first name(s) (given name(s)); date of birth, place of birth, country of birth, sex;’; (iii) point (g) shall be replaced by the following: ‘(g) Member State(s) of destination and duration of the intended stay or transit;’; (iv) point (h) shall be replaced by the following: ‘(h) main purpose(s) of the journey;’; (v) point (i) shall be replaced by the following: ‘(i) intended date of arrival in the Schengen area and intended date of departure from the Schengen area;’; (vi) point (j) shall be replaced by the following: ‘(j) Member State of first entry;’; (vii) point (k) shall be replaced by the following: ‘(k) the applicant’s home address;’; (vii) point (k) shall be replaced by the following: ‘(k) the applicant’s home address;’; (viii) in point (l), the word ‘school’ shall be replaced by: ‘educational establishment’; (ix) in point (m), the words ‘father and mother’ shall be replaced by ‘parental authority or legal guardian’; 4. the following point shall be added to Article 10(1): ‘(k) if applicable, the information indicating that the visa sticker has been filled in manually.’; 5. in Article 11, the introductory paragraph shall be replaced by the following: ‘Where the visa authority representing another Member State discontinues the examination of the application, it shall add the following data to the application file:’; 6. Article 12 shall be amended as follows: (a) in paragraph 1, point (a) shall be replaced by the following: ‘(a) status information indicating that the visa has been refused and whether that authority refused it on behalf of another Member State;’; (b) paragraph 2 shall be replaced by the following: ‘2. The application file shall also indicate the ground(s) for refusal of the visa, which shall be one or more of the following: (a) the applicant: (i) presents a travel document which is false, counterfeit or forged; (ii) does not provide justification for the purpose and conditions of the intended stay; (iii) does not provide proof of sufficient means of subsistence, both for the duration of the intended stay and for the return to his country of origin or residence, or for the transit to a third country into which he is certain to be admitted, or is not in a position to acquire such means lawfully; (iv) has already stayed for three months during the current six-month period on the territory of the Member States on a basis of a uniform visa or a visa with limited territorial validity; (v) is a person for whom an alert has been issued in the SIS for the purpose of refusing entry; (vi) is considered to be a threat to public policy, internal security or public health as defined in Article 2(19) of the Schengen Borders Code or to the international relations of any of the Member States, in particular where an alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds; (vii) does not provide proof of holding adequate and valid travel medical insurance, where applicable; (b) the information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable; (c) the applicant’s intention to leave the territory of the Member States before the expiry of the visa could not be ascertained; (d) sufficient proof that the applicant has not been in a position to apply for a visa in advance justifying application for a visa at the border was not provided.’; 6. Article 12 shall be amended as follows: (a) in paragraph 1, point (a) shall be replaced by the following: ‘(a) status information indicating that the visa has been refused and whether that authority refused it on behalf of another Member State;’; (b) paragraph 2 shall be replaced by the following: ‘2. The application file shall also indicate the ground(s) for refusal of the visa, which shall be one or more of the following: (a) the applicant: (i) presents a travel document which is false, counterfeit or forged; (ii) does not provide justification for the purpose and conditions of the intended stay; (iii) does not provide proof of sufficient means of subsistence, both for the duration of the intended stay and for the return to his country of origin or residence, or for the transit to a third country into which he is certain to be admitted, or is not in a position to acquire such means lawfully; (iv) has already stayed for three months during the current six-month period on the territory of the Member States on a basis of a uniform visa or a visa with limited territorial validity; (v) is a person for whom an alert has been issued in the SIS for the purpose of refusing entry; (vi) is considered to be a threat to public policy, internal security or public health as defined in Article 2(19) of the Schengen Borders Code or to the international relations of any of the Member States, in particular where an alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds; (vii) does not provide proof of holding adequate and valid travel medical insurance, where applicable; (b) the information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable; (c) the applicant’s intention to leave the territory of the Member States before the expiry of the visa could not be ascertained; (d) sufficient proof that the applicant has not been in a position to apply for a visa in advance justifying application for a visa at the border was not provided.’; (b) paragraph 2 shall be replaced by the following: ‘2. The application file shall also indicate the ground(s) for refusal of the visa, which shall be one or more of the following: (a) the applicant: (i) presents a travel document which is false, counterfeit or forged; (ii) does not provide justification for the purpose and conditions of the intended stay; (iii) does not provide proof of sufficient means of subsistence, both for the duration of the intended stay and for the return to his country of origin or residence, or for the transit to a third country into which he is certain to be admitted, or is not in a position to acquire such means lawfully; (iv) has already stayed for three months during the current six-month period on the territory of the Member States on a basis of a uniform visa or a visa with limited territorial validity; (v) is a person for whom an alert has been issued in the SIS for the purpose of refusing entry; (vi) is considered to be a threat to public policy, internal security or public health as defined in Article 2(19) of the Schengen Borders Code or to the international relations of any of the Member States, in particular where an alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds; (vii) does not provide proof of holding adequate and valid travel medical insurance, where applicable; (a) the applicant: (i) presents a travel document which is false, counterfeit or forged; (ii) does not provide justification for the purpose and conditions of the intended stay; (iii) does not provide proof of sufficient means of subsistence, both for the duration of the intended stay and for the return to his country of origin or residence, or for the transit to a third country into which he is certain to be admitted, or is not in a position to acquire such means lawfully; (iv) has already stayed for three months during the current six-month period on the territory of the Member States on a basis of a uniform visa or a visa with limited territorial validity; (v) is a person for whom an alert has been issued in the SIS for the purpose of refusing entry; (vi) is considered to be a threat to public policy, internal security or public health as defined in Article 2(19) of the Schengen Borders Code or to the international relations of any of the Member States, in particular where an alert has been issued in Member States’ national databases for the purpose of refusing entry on the same grounds; (vii) does not provide proof of holding adequate and valid travel medical insurance, where applicable; (b) the information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable; (c) the applicant’s intention to leave the territory of the Member States before the expiry of the visa could not be ascertained; (d) sufficient proof that the applicant has not been in a position to apply for a visa in advance justifying application for a visa at the border was not provided.’; 7. Article 13 shall be replaced by the following: 
‘Article 13
Data to be added for a visa annulled or revoked
1. Where a decision has been taken to annul or to revoke a visa, the visa authority that has taken the decision shall add the following data to the application file:
(a) status information indicating that the visa has been annulled or revoked;
(a) status information indicating that the visa has been annulled or revoked;
(b) authority that annulled or revoked the visa, including its location;
(b) authority that annulled or revoked the visa, including its location;
(c) place and date of the decision.
(c) place and date of the decision.
2. The application file shall also indicate the ground(s) for annulment or revocation, which shall be:
(a) one or more of the ground(s) listed in Article 12(2);
(a) one or more of the ground(s) listed in Article 12(2);
(b) the request of the visa holder to revoke the visa.’;
(b) the request of the visa holder to revoke the visa.’; 8. Article 14 shall be amended as follows: (a) paragraph 1 shall be amended as follows: (i) the introductory paragraph shall be replaced by the following: ‘1. Where a decision has been taken to extend the period of validity and/or the duration of stay of an issued visa, the visa authority which extended the visa shall add the following data to the application file:’; (ii) point (d) shall be replaced by the following: ‘(d) the number of the visa sticker of the extended visa;’; (iii) point (g) shall be replaced by the following: ‘(g) the territory in which the visa holder is entitled to travel, if the territorial validity of the extended visa differs from that of the original visa;’; (b) in paragraph 2, point (c) shall be deleted; 8. Article 14 shall be amended as follows: (a) paragraph 1 shall be amended as follows: (i) the introductory paragraph shall be replaced by the following: ‘1. Where a decision has been taken to extend the period of validity and/or the duration of stay of an issued visa, the visa authority which extended the visa shall add the following data to the application file:’; (ii) point (d) shall be replaced by the following: ‘(d) the number of the visa sticker of the extended visa;’; (iii) point (g) shall be replaced by the following: ‘(g) the territory in which the visa holder is entitled to travel, if the territorial validity of the extended visa differs from that of the original visa;’; (a) paragraph 1 shall be amended as follows: (i) the introductory paragraph shall be replaced by the following: ‘1. Where a decision has been taken to extend the period of validity and/or the duration of stay of an issued visa, the visa authority which extended the visa shall add the following data to the application file:’; (ii) point (d) shall be replaced by the following: ‘(d) the number of the visa sticker of the extended visa;’; (iii) point (g) shall be replaced by the following: ‘(g) the territory in which the visa holder is entitled to travel, if the territorial validity of the extended visa differs from that of the original visa;’; (b) in paragraph 2, point (c) shall be deleted; 9. in Article 15(1), the words ‘extend or shorten the validity of the visa’ shall be replaced by ‘or extend the visa’; 10. Article 17 shall be amended as follows: (a) point 4 shall be replaced by the following: ‘4. Member State of first entry;’; (b) point 6 shall be replaced by the following: ‘6. the type of visa issued;’; (c) point 11 shall be replaced by the following: ‘11. main purpose(s) of the journey;’; 10. Article 17 shall be amended as follows: (a) point 4 shall be replaced by the following: ‘4. Member State of first entry;’; (b) point 6 shall be replaced by the following: ‘6. the type of visa issued;’; (c) point 11 shall be replaced by the following: ‘11. main purpose(s) of the journey;’; 11. in Article 18(4)(c), Article 19(2)(c), Article 20(2)(d), Article 22(2)(d), the words ‘or shortened’ shall be deleted; 12. in Article 23(1)(d), the word ‘shortened’ shall be deleted.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The Visa Code is a core element of the common visa policy: it establishes harmonised procedures and conditions for processing visa applications and issuing visas. It entered into force on 5 April 2010, with the overarching objectives of facilitating legitimate travel and tackling irregular immigration, enhancing transparency and legal certainty, strengthening procedural guarantees and reinforcing equal treatment of visa applicants. The Visa Code required the Commission to submit to the European Parliament and the Council an evaluation of its implementation two years after all the provisions of the Regulation had become applicable. It presented its evaluation in a report 1 and accompanying staff working document 2 on 1 April 2014. On the basis of this evaluation, on the same date the Commission adopted a proposal 3 for a recast of the Visa Code with the aim of enhancing travel to the EU through visa policy facilitations (thereby to contributing to tourism, trade, growth and employment in the EU) and to harmonising implementation of the common rules. However, due to divergences in the positions of the European Parliament and the Council, negotiations have not progressed. Meanwhile, greater security and migratory challenges have made it clear that the approach followed in 2014 no longer matches reality. T hese factors prompte d the Commission to announce the withdrawal of its recast proposal in the Commission Work programme for 2018 4 . The formal withdrawal will take place in April 2018. While migration- and security-related objectives have become increasingly important, one should not lose sight of the fact that the vast majority of visa applicants pose no security and/or migratory risk to the EU and are bringing significant benefits to the EU. Therefore, this proposal focuses on streamlining and improving operational aspects of the visa procedure and takes account of the results of negotiations on the Visa Code recast proposal. New elements have been added which were advanced in the Commission's September 2017 Communication on the Delivery of the European Agenda on Migration 5 and in its consultations, such as the need for sufficient financial resources to support Member States' visa processing, clear rules on the issuing of multiple entry visas with a long period of validity and the leverage role that visa policy can exert in the EU's readmission policy. The Commission’s proposal for the reform of the Visa Information System legal framework (to be presented in spring 2018) will further enhance the security and efficiency of the visa procedure, in particular by taking account of technological developments and harnessing them to the benefit of Member States' authorities and bona fide applicants, closing information gaps in some areas, enhancing checks on persons and speeding up the quality and outcome of the procedure.
Revised version (Article 54 Amendments to Regulation (EC) No 767/2008):
Regulation (EC) No 767/2008 is hereby amended as follows: 2. in Article 8(1), the words ‘On receipt of an application’, shall be replaced by the following: ‘When the application is admissible according to Article 19 of Regulation (EC) No 810/2009’; 9. in Article 15(1), the words ‘extend or shorten the validity of the visa’ shall be replaced by ‘or extend the visa’; 12. in Article 23(1)(d), the word ‘shortened’ shall be deleted.
Article 56 Repeals
1. Articles 9 to 17 of the Convention implementing the Schengen Agreement of 14 June 1985 shall be repealed. 2. The following shall be repealed: (a) Decision of the Schengen Executive Committee of 28 April 1999 on the definitive versions of the Common Manual and the Common Consular Instructions (SCH/Com-ex (99) 13 (the Common Consular Instructions, including the Annexes); (b) Decisions of the Schengen Executive Committee of 14 December 1993 extending the uniform visa (SCH/Com-ex (93) 21) and on the common principles for cancelling, rescinding or shortening the length of validity of the uniform visa (SCH/Com-ex (93) 24), Decision of the Schengen Executive Committee of 22 December 1994 on the exchange of statistical information on the issuing of uniform visas (SCH/Com-ex (94) 25), Decision of the Schengen Executive Committee of 21 April 1998 on the exchange of statistics on issued visas (SCH/Com-ex (98) 12) and Decision of the Schengen Executive Committee of 16 December 1998 on the introduction of a harmonised form providing proof of invitation, sponsorship and accommodation (SCH/Com-ex (98) 57); (c) Joint Action 96/197/JHA of 4 March 1996 on airport transit arrangements ( 24 ); (d) Council Regulation (EC) No 789/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications ( 25 ); (e) Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa ( 26 ); (f) Council Regulation (EC) No 415/2003 of 27 February 2003 on the issue of visas at the border, including the issue of such visas to seamen in transit ( 27 ); (g) Article 2 of Regulation (EC) No 390/2009 of the European Parliament and of the Council of 23 April 2009 amending the Common Consular Instructions on visas for diplomatic and consular posts in relation to the introduction of biometrics including provisions on the organisation of the reception and processing of visa applications ( 28 ). 3. References to repealed instruments shall be construed as references to this Regulation and read in accordance with the correlation table in Annex XIII.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The Visa Code is a core element of the common visa policy: it establishes harmonised procedures and conditions for processing visa applications and issuing visas. It entered into force on 5 April 2010, with the overarching objectives of facilitating legitimate travel and tackling irregular immigration, enhancing transparency and legal certainty, strengthening procedural guarantees and reinforcing equal treatment of visa applicants. The Visa Code required the Commission to submit to the European Parliament and the Council an evaluation of its implementation two years after all the provisions of the Regulation had become applicable. It presented its evaluation in a report 1 and accompanying staff working document 2 on 1 April 2014. On the basis of this evaluation, on the same date the Commission adopted a proposal 3 for a recast of the Visa Code with the aim of enhancing travel to the EU through visa policy facilitations (thereby to contributing to tourism, trade, growth and employment in the EU) and to harmonising implementation of the common rules. However, due to divergences in the positions of the European Parliament and the Council, negotiations have not progressed. Meanwhile, greater security and migratory challenges have made it clear that the approach followed in 2014 no longer matches reality. T hese factors prompte d the Commission to announce the withdrawal of its recast proposal in the Commission Work programme for 2018 4 . The formal withdrawal will take place in April 2018. While migration- and security-related objectives have become increasingly important, one should not lose sight of the fact that the vast majority of visa applicants pose no security and/or migratory risk to the EU and are bringing significant benefits to the EU. Therefore, this proposal focuses on streamlining and improving operational aspects of the visa procedure and takes account of the results of negotiations on the Visa Code recast proposal. New elements have been added which were advanced in the Commission's September 2017 Communication on the Delivery of the European Agenda on Migration 5 and in its consultations, such as the need for sufficient financial resources to support Member States' visa processing, clear rules on the issuing of multiple entry visas with a long period of validity and the leverage role that visa policy can exert in the EU's readmission policy. The Commission’s proposal for the reform of the Visa Information System legal framework (to be presented in spring 2018) will further enhance the security and efficiency of the visa procedure, in particular by taking account of technological developments and harnessing them to the benefit of Member States' authorities and bona fide applicants, closing information gaps in some areas, enhancing checks on persons and speeding up the quality and outcome of the procedure.
Revised version (Article 56 Repeals):
1. Articles 9 to 17 of the Convention implementing the Schengen Agreement of 14 June 1985 shall be repealed. 3. References to repealed instruments shall be construed as references to this Regulation and read in accordance with the correlation table in Annex XIII.
Article 57 Monitoring and evaluation
1. Two years after all the provisions of this Regulation have become applicable, the Commission shall produce an evaluation of its application. This overall evaluation shall include an examination of the results achieved against objectives and of the implementation of the provisions of this Regulation, without prejudice to the reports referred to in paragraph 3. 2. The Commission shall transmit the evaluation referred to in paragraph 1 to the European Parliament and the Council. On the basis of the evaluation, the Commission shall submit, if necessary, appropriate proposals with a view to amending this Regulation. 3. The Commission shall present, three years after the VIS is brought into operation and every four years thereafter, a report to the European Parliament and to the Council on the implementation of Articles 13, 17, 40 to 44 of this Regulation, including the implementation of the collection and use of biometric identifiers, the suitability of the ICAO standard chosen, compliance with data protection rules, experience with external service providers with specific reference to the collection of biometric data, the implementation of the 59-month rule for the copying of fingerprints and the organisation of the procedures relating to applications. The report shall also include, on the basis of Article 17(12), (13) and (14) and of Article 50(4) of the VIS Regulation, the cases in which fingerprints could factually not be provided or were not required to be provided for legal reasons, compared with the number of cases in which fingerprints were taken. The report shall include information on cases in which a person who could factually not provide fingerprints was refused a visa. The report shall be accompanied, where necessary, by appropriate proposals to amend this Regulation. 4. The first of the reports referred to in paragraph 3 shall also address the issue of the sufficient reliability for identification and verification purposes of fingerprints of children under the age of 12 and, in particular, how fingerprints evolve with age, on the basis of the results of a study carried out under the responsibility of the Commission.
Article 58 Entry into force
1. This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union . 2. It shall apply from 5 April 2010. 3. Article 52 and Article 53(1)(a) to (h) and (2) shall apply from 5 October 2009. 4. As far as the Schengen Consultation Network (Technical Specifications) is concerned, Article 56(2)(d) shall apply from the date referred to in Article 46 of the VIS Regulation. 5. Article 32(2) and (3), Article 34(6) and (7) and Article 35(7) shall apply from 5 April 2011. This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The Visa Code is a core element of the common visa policy: it establishes harmonised procedures and conditions for processing visa applications and issuing visas. It entered into force on 5 April 2010, with the overarching objectives of facilitating legitimate travel and tackling irregular immigration, enhancing transparency and legal certainty, strengthening procedural guarantees and reinforcing equal treatment of visa applicants. The Visa Code required the Commission to submit to the European Parliament and the Council an evaluation of its implementation two years after all the provisions of the Regulation had become applicable. It presented its evaluation in a report 1 and accompanying staff working document 2 on 1 April 2014. On the basis of this evaluation, on the same date the Commission adopted a proposal 3 for a recast of the Visa Code with the aim of enhancing travel to the EU through visa policy facilitations (thereby to contributing to tourism, trade, growth and employment in the EU) and to harmonising implementation of the common rules. However, due to divergences in the positions of the European Parliament and the Council, negotiations have not progressed. Meanwhile, greater security and migratory challenges have made it clear that the approach followed in 2014 no longer matches reality. T hese factors prompte d the Commission to announce the withdrawal of its recast proposal in the Commission Work programme for 2018 4 . The formal withdrawal will take place in April 2018. While migration- and security-related objectives have become increasingly important, one should not lose sight of the fact that the vast majority of visa applicants pose no security and/or migratory risk to the EU and are bringing significant benefits to the EU. Therefore, this proposal focuses on streamlining and improving operational aspects of the visa procedure and takes account of the results of negotiations on the Visa Code recast proposal. New elements have been added which were advanced in the Commission's September 2017 Communication on the Delivery of the European Agenda on Migration 5 and in its consultations, such as the need for sufficient financial resources to support Member States' visa processing, clear rules on the issuing of multiple entry visas with a long period of validity and the leverage role that visa policy can exert in the EU's readmission policy. The Commission’s proposal for the reform of the Visa Information System legal framework (to be presented in spring 2018) will further enhance the security and efficiency of the visa procedure, in particular by taking account of technological developments and harnessing them to the benefit of Member States' authorities and bona fide applicants, closing information gaps in some areas, enhancing checks on persons and speeding up the quality and outcome of the procedure.
Revised version (Article 58 Entry into force):
1. This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union . 2. It shall apply from 5 April 2010. 3. Article 52 and Article 53(1)(a) to (h) and (2) shall apply from 5 October 2009. 4. As far as the Schengen Consultation Network (Technical Specifications) is concerned, Article 56(2)(d) shall apply from the date referred to in Article 46 of the VIS Regulation. 5. Article 32(2) and (3), Article 34(6) and (7) and Article 35(7) shall apply from 5 April 2011.