02/07/2023 | Press release | Distributed by Public on 02/07/2023 09:21
7.2.2023 - (COM(2022)0658 - C9-0165/2022 - 2022/0132(COD)) - ***I
Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Matjaž Nemec
on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 767/2008, (EC) No 810/2009 and (EU) 2017/2226 of the European Parliament and of the Council, Council Regulations (EC) No 1683/95, (EC) No 333/2002, (EC) No 693/2003 and (EC) No 694/2003 and Convention implementing the Schengen Agreement, as regards the digitalisation of the visa procedure
(COM(2022)0658 - C9-0165/2022 - 2022/0132(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
- having regard to the Commission proposal to Parliament and the Council (COM(2022)0658),
- having regard to Article 294(2) and Articles 77(2), point (a) and 79(2), point (a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0165/2022),
- having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
- having regard to the opinion of the European Economic and Social Committee of 26 October 2022[1],
- having regard to Rule 59 of its Rules of Procedure,
- having regard to the letter from the Committee on Budgets,
- having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0025/2023),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 1
Text proposed by the Commission |
Amendment |
(1) The Union's common visa policy has been an integral part of the establishment of an area without internal borders. Visa policy should remain an essential element in helping counter security risks and the risk of irregular migration to the Union, while facilitating tourism and business. The common visa policy should contribute to generating growth and be consistent with other Union policies, such as those concerning external relations, trade, education, culture and tourism. In March 2018 Commission communication on visa policy addressed the concept of "e-visas" and announced a feasibility study on digital visa procedures and the intention to assess options and promote pilot projects to prepare the ground for future proposals. When revising the EU Visa Code in 2019, the European Parliament and the Council explicitly stated the aim of developing a common solution in the future to allow Schengen visa applications to be lodged online, thereby making full use of recent legal and technological developments43. |
(1) The Union's common visa policy has been an integral part of the establishment of an area without internal borders. In March 2018 Commission communication on visa policy addressed the concept of "e-visas" and announced a feasibility study on digital visa procedures and the intention to assess options and promote pilot projects to prepare the ground for future proposals. When revising the EU Visa Code in 2019, the European Parliament and the Council explicitly stated the aim of developing a common solution in the future to allow Schengen visa applications to be lodged online, thereby making full use of recent legal and technological developments43. |
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43Recital 20 in Regulation (EU) 2019/1155 |
43Recital 20 in Regulation (EU) 2019/1155 |
Amendment 2
Proposal for a regulation
Recital 2
Text proposed by the Commission |
Amendment |
(2) The initiative is in line with the general EU approach to encourage the modernisation and digitalisation of public services and the Commission communication on the 2030 Digital compass: the European way for the digital decade44. Since the entry into force of Regulation (EC) No 810/2009 of the European Parliament and of the Council45 in 2010 and the start of operations of the Visa Information System (VIS) in 2011 under Regulation (EC) No 767/2008 of the European Parliament and of the Council46 , migration and security challenges faced in recent years have considerably transformed the visa policy context.In addition, significant technological developments provide new opportunities to make the Schengen visa application process smoother and more effective for third-country nationals and Member States authorities. |
(2) The initiative is in line with the general EU approach to encourage the modernisation and digitalisation of public services and the Commission communication on the 2030 Digital compass: the European way for the digital decade44. In addition, significant technological developments provide new opportunities to make the Schengen visa application process smoother and more effective for third-country nationals and visa authorities as well as more cost effective for theMember States. |
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44COM(2021) 118 final, Commission communication on the 2030 Digital Compass: the European way for the Digital Decade |
44COM(2021) 118 final, Commission communication on the 2030 Digital Compass: the European way for the Digital Decade |
45Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243 15.9.2009, p. 1). |
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46Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas, (OJ L 218, 13.8.2008, p. 60). |
Amendment 3
Proposal for a regulation
Recital 6 a (new)
Text proposed by the Commission |
Amendment |
(6a) A common digital platform will significantly contribute to improving the image of the EU and the Member States ensuring a coherent visa policy and will significantly reduce the number of visa procedures resulting from the loss or exchange of a travel document. |
Amendment 4
Proposal for a regulation
Recital 7
Text proposed by the Commission |
Amendment |
(7) The EU online application platform should provide the applicant with up-to-date information on Schengen short-stay visas and a guidance tool with which the applicant can find all the necessary information regarding the requirements and procedures, such as, but not limited to, whether a visa is required and what type of visa; the amount of the visa fee; the Member State competent for handling the application; the supporting documents required; the need for an appointment to collect biometrics or the possibility to apply online without an appointment. The EU application platform should also allow to establish a secure electronic communication between the applicant and the competent consulate or the central authorities of the competent Member State by electronic means, should additional documents or an interview be required. |
(7) The EU online application platform should provide the applicant with up-to-date and easily accessibleinformationand the conditions for entry on the territory of the Member States, in a large variety of languages and in formats that take into account visual impairments,on Schengen short-stay visas and a guidance tool with which the applicant can find all the necessary information regarding the requirements and procedures, such as, but not limited to, whether a visa is required and what type of visa; the amount of the visa fee; the Member State competent for handling the application; the supporting documents required; the need for an appointment to collect biometrics or the possibility to apply online without an appointment. The EU online application platform should also provide information on the processing of personal data in the context of the Visa Information System (VIS). The EUapplication platform should also allow to establish a secure electronic communication between the applicant and the competent consulate or the central authorities of the competent Member State by electronic means, should additional documents or an interview be required. |
Amendment 5
Proposal for a regulation
Recital 7 a (new)
Text proposed by the Commission |
Amendment |
(7a) Member States should ensure that the service offered to the public is of a high standard and follows good administrative practices. They should allocate appropriate numbers of trained staff and sufficient resources in order to facilitate as much as possible the visa application process. Member States should ensure that a 'one-stop' principle is applied to all applicants. |
Amendment 6
Proposal for a regulation
Recital 8
Text proposed by the Commission |
Amendment |
(8) Visa applicants should be able to submit their application, provide data required in the application form, provide a scannedcopy of the travel document, and provide supporting documents and travel medical insurance in digital format through the EU application platform. In order to enable applicants to save information relating to their application, the online application platform should be able to store data temporarily. Once the applicant has submitted the online application and the Member States perform the appropriate checks, the application file will be transferred to the national system of the competent Member State and stored there. Consulates would consult the information stored at a national level and push only the required data to the central VIS. |
(8) Visa applicants should be able to submit their application, provide data required in the application form, provide an electroniccopy of the travel document, and provide supporting documents and travel medical insurance in digital format through the EU application platform. In order to enable applicants to save information relating to their application, the online application platform should be able to store data temporarily and strictly for as long as this is necessary for the completion of the relevant task. Once the applicant has submitted the online application and the Member States perform the appropriate checks, the application file will be transferred to the national system of the competent Member State and stored there. Consulates would consult the information stored at a national level and push only the required data to the central VIS. |
Amendment 7
Proposal for a regulation
Recital 9 a (new)
Text proposed by the Commission |
Amendment |
(9a) The Schengen countries should work towards a system where the required biometric data can be collected by any of the Schengen countries. |
Amendment 8
Proposal for a regulation
Recital 14
Text proposed by the Commission |
Amendment |
(14) Special provisions which shouldapply in individual cases because of humanitarian reasons could cover digital accessibility issues |
(14) Thespecial provisions which apply in individual cases because of humanitarian reasons could alsocover all types ofdigital accessibility issues, limited access or no internet penetration, or limited digital literacy. Particular attention should be paid to persons with a disability. |
Amendment 9
Proposal for a regulation
Recital 15 b (new)
Text proposed by the Commission |
Amendment |
(15b) The issuing of a visa to a person seeking protection constitutes a means of allowing such person to access the territory of the Member States in a safe manner. When considering consular territorial competence, the admissibility of a visa application or the possibility of issuing a visa with limited territorial validity, consulates should, therefore, pay particular attention to persons seeking protection. For such persons, Member States should make use of the exemptions on humanitarian grounds or because of international obligations provided for in Regulation (EC) 810/2009. |
Amendment 10
Proposal for a regulation
Recital 16
Text proposed by the Commission |
Amendment |
(16) Each applicant should submit a completed application form using the EU application platform, including a declaration of the authenticity, completeness, correctness and reliability of the data submitted and a declaration of the veracity and reliability of the statements made. Each applicant should also state that they have understood the conditions for entry referred to in Regulation (EU) 2016/399 of the European Parliament and of the Council49and that they could be requested to provide the relevant supporting documents at each entry. Application forms for minors should be submitted and electronically signed by a person exercising permanent or temporary parental authority or legal guardianship. |
(16) Each applicant should submit a completed application form using the EU application platform, including a declaration of the authenticity, completeness, correctness and reliability of the data submitted and a declaration of the veracity and reliability of the statements made. Each applicant should also state that they have understood the conditions for entry referred to in Regulation (EU) 2016/399 of the European Parliament and of the Council49,and that they could be requested to provide the relevant supporting documents at each entry. Application forms for minors should be submitted and electronically signed by their legal guardian orby a person exercising permanent or temporary parental authority or legal guardianship. |
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49Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) |
49Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code). |
Amendment 11
Proposal for a regulation
Recital 16 a (new)
Text proposed by the Commission |
Amendment |
(16a) In certain third countries internet network coverage is still extremely limited. Particular attention should be given to circumstances where several applications are launched from the same location and the same IP address. Flagged IP address alone or the potential duplication of IP addresses should not, in itself, automatically lead to the disqualification of the visa application or be a premise for refusing to grant a visa. |
Amendment 12
Proposal for a regulation
Recital 17
Text proposed by the Commission |
Amendment |
(17) ]The payment of the visa fee should be made by using a third-party gateway linked to the onlineapplication platform and the payments would be directly transferred to the appropriate Member State. The data required for securing the electronic payment should not form part of data stored in VIS. |
(17) The payment of the visa fee should be made by using a third-party gateway linked to the EUapplication platform and the payments would be directly transferred to the appropriate Member State. The data required for securing the electronic payment should not form part of data stored in VIS. |
Amendment 13
Proposal for a regulation
Recital 18
Text proposed by the Commission |
Amendment |
(18) The EU application platform will also contain the appointment tool, which the Member State may decide to use to manage appointments at their consulates or the external service providers. While the use of such tool should remain optional, as it might not be appropriate across all locations and for all consulates, Member States should nevertheless use local Schengen cooperation to discuss whether a harmonised approach regarding the use of the appointment tool could be followed in specific third countries or specific locations. |
(18) The EU application platform will also contain the appointment tool, which the Member State may decide to use to manage appointments at their consulates or the external service providers. While the use of such tool should remain optional, as it might not be appropriate across all locations and for all consulates, Member States should nevertheless use local Schengen cooperation to discuss whether a harmonised approach regarding the use of the appointment tool could be followed in specific third countries or specific locations. In the event of a Member State deciding to use the appointment tool, this should not become the only means for third country nationals to take up appointments with the Member State's consular authorities. |
Amendment 14
Proposal for a regulation
Recital 18 a (new)
Text proposed by the Commission |
Amendment |
(18a) Local Schengen cooperation should also determine in specific cases the use of widely spoken unofficial languages in a visa procedure or for the translation of the application form. Local Schengen cooperation should also determine procedures for the transfer of electronic data for external service providers or representing Member States in cases where under local laws third countries prohibit such transfers outside of their territory. |
Amendment 15
Proposal for a regulation
Recital 19
Text proposed by the Commission |
Amendment |
(19) The system should notify the applicant if information is missing and the system should provide the applicant with the possibility of correcting the application. The EU application platform should indicate to the applicant of the admissibility of his/her application via an automated admissibility pre-check. The pre-check should ensure that the information provided fulfils the admissibility requirements for the requested visa. |
(19) The system should notify the applicant if information is missing and the system should provide the applicant with the possibility of correcting the application. The EU application platform should indicate to the applicant, in the official language(s) of the host country or widely spoken unofficial language(s) of the host country,of the admissibility of his/her application via an automated admissibility pre-check. The pre-check should ensure that the information provided fulfils the admissibility requirements for the requested visa. |
Amendment 16
Proposal for a regulation
Recital 20
Text proposed by the Commission |
Amendment |
(20) Where the competent consulate or the central authorities of the competent Member State finds that it is responsible to examine the application, it should accept it and the data should be imported into the national system from the temporary storage as established by the VIS Regulation and deleted from the temporary storage with the exception of contact data. |
(20) Where the competent consulate or the central authorities of the competent Member State finds that it is responsible to examine the application, it should accept it and the data should be imported into the national system from the temporary storage as established by the VIS Regulation and simultaneouslydeleted from the temporary storage with the exception of contact data. Each Member State should designate a competent authority which is to be considered the data controller and which should have central responsibility for the processing of data by that Member State. Member States should communicate these authorities to the Commission, eu-LISA and other Member States. |
Amendment 17
Proposal for a regulation
Recital 20 a (new)
Text proposed by the Commission |
Amendment |
(20a) The architecture of the EU application platform should ensure data protection by design and by default, the respect of the principle of data minimisation and that, when operational, it is implemented in a way that observes access rights as those defined in the relevant existing, national and Union, legislation. |
Amendment 18
Proposal for a regulation
Recital 20 b (new)
Text proposed by the Commission |
Amendment |
(20b) In order for the personal data inserted in the EU application platform to be of the minimum necessary quality, a specific procedure to verify their quality is necessary. Having a uniform approach to quality check is important not only to ensure an equal level of data quality across the Member States, but also to ensure that applicants have the same treatment when addressing different competent consulates. |
Amendment 19
Proposal for a regulation
Recital 20 c (new)
Text proposed by the Commission |
Amendment |
(20c) For the short duration of time that the data are in the temporary storage and until they are imported into the national system of the responsible Member State, eu-LISA should be considered the competent authority and the data controller. |
Amendment 20
Proposal for a regulation
Recital 22
Text proposed by the Commission |
Amendment |
(22) In order to reduce security risks related to counterfeited and stolen visa stickers, a visa should be issued in digital format and no longer as a visa sticker affixed to the travel document. |
(22) In order to reduce security risks related to misuse,counterfeited and stolen visa stickers, a visa should be issued in digital format and no longer as a visa sticker affixed to the travel document. |
Amendment 21
Proposal for a regulation
Recital 26
Text proposed by the Commission |
Amendment |
(26) External service providers should have access to the EU application platform only to retrieve and review submitted applications; verify the data temporarily stored (for example, scan of travel document); collect and upload biometric identifiers; perform quality checks of the uploaded supporting documents; confirm that an application has been reviewed and thus making it available to the consulate for further processing; external service providers should not have access to data stored in VIS. |
(26) External service providers should have access to the EU application platform only to retrieve and review submitted applications; verify the data temporarily stored (for example, scan of travel document); collect and upload biometric identifiers; perform quality checks of the uploaded supporting documents; confirm that an application has been reviewed and thus making it available to the consulate for further processing; external service providers should not have access to data stored in VIS or to any copy of VIS. |
Amendment 22
Proposal for a regulation
Recital 27
Text proposed by the Commission |
Amendment |
(27) It is necessary to determine the date from which operations start, including the digital visa and the EU application platform. A Member State may, for a period of 5 years from the date of start of operations, decide not to avail itself of the online EU application platform. Nevertheless, a Member State may notify that it wishes to join the online EU application platform before the end of the transition period. During the transitional period, if the Member State processing its visa applications decided not to avail itself of the online EU application platform, visa holders will still be able to verify the digital visas using the web-service of the EU application platform. |
(27) It is necessary to determine the date from which operations start, including ofthe digital visa and the EU application platform. A Member State may, for a period of 5 years from the date of start of operations, decide not to avail itself of the online EU application platform. Nevertheless, a Member State may notify that it wishes to join the online EU application platform before the end of the transition period. During the transitional period, if the Member State processing its visa applications decided not to avail itself of the online EU application platform, visa holders will still be able to verify the digital visas using the web-service of the EU application platform. |
Amendment 23
Proposal for a regulation
Recital 28
Text proposed by the Commission |
Amendment |
(28) EU application platform should contain a functionality for applicants to verify their digital visas. |
(28) EU application platform should contain a functionality for applicants to verify the validity and authenticity oftheir digital visas. |
Amendment 24
Proposal for a regulation
Recital 37
Text proposed by the Commission |
Amendment |
(37) In order to ensure that the application form and the refusal forms cater for the possibilities when a visa applicant submitted their application via the EU application platform or not, the power to adopt delegatedacts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend the list of information that the EUapplication platform should contain and toamend the appropriate standardforms and formats. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making55. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council shouldreceive all documents at the same time as Member States' experts, and their experts shouldsystematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
(37) In order to amend certain detailed technical aspects of Regulation (EC) No 810/2009 (EC) and in order to supplement Regulation (EC) No 767/2008, 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 to update theapplication form,amend the refusal form, define the requirements of the secure account service, define the content of simplified applicationforms for the confirmation of valid visas in a new travel document and for the extension of visas, establish the procedures and requirements to ensure data quality checks of the data entered in the application form, define the requirements concerning the format of the personal data to be inserted in the application form as well as parameters and verifications to be implemented for ensuring the completeness of the application and the coherence of those data, and establish detailed rules on the conditions for the operation of the web service and the data protection and security rules applicable to the web service. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making55. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
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55OJ L 123, 12.5.2016, p. 1. |
55OJ L 123, 12.5.2016, p. 1. |
Amendment 25
Proposal for a regulation
Recital 37 a (new)
Text proposed by the Commission |
Amendment |
(37a) In order to ensure uniform conditions for the implementation of Regulation (EC) No 767/2008, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council1a. |
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1a Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). |
Amendment 26
Proposal for a regulation
Recital 40
Text proposed by the Commission |
Amendment |
(40) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. The introduction of an EU application platform and of a digital visa will fully respect the right to protection of personal data, the respect for private and family life, the rights of the child, and the protection of vulnerable persons All safeguards on fundamental rights included in the Visa Information System Regulation will remain fully applicable in the context of the future EU Visa application platform and of the digital visa, in particular regarding to the rights of child. The platform will have to take into account requirements laid down in the Accessibility Directive56to ensure an easy access for people with disabilities. |
(40) This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. The introduction of an EU application platform and of a digital visa will fully respect the right to protection of personal data, the respect for private and family life, the rights of the child, and the protection of vulnerable persons.All safeguards on fundamental rights included in the Visa Information System Regulation will remain fully applicable in the context of the future EU Visa application platform and of the digital visa, in particular regarding to the rights of child. The platform will have to take into account requirements laid down in the Accessibility Directive56to ensure an easy access for people with disabilities. Particular attention should be given to people with limited digital literacy, widely spoken unofficial languages, and internet access issues. |
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56Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies, (OJ L 327, 2.12.2016, p. 1-15). |
56Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies, (OJ L 327, 2.12.2016, p. 1-15). |
Amendment 27
Proposal for a regulation
Article 1 - paragraph 1 - point 4
Regulation (EC) No 810/2009
Article 5 - paragraph 1 - point 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;; |
(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 the purpose of stay;; |
Amendment 28
Proposal for a regulation
Article 1 - paragraph 1 - point 6 - point a
Regulation (EC) No 810/2009
Article 9 - paragraph 1b - point a
Text proposed by the Commission |
Amendment |
(a) third-country nationals in individual cases for humanitarian reasons; |
(a) third-country nationals in individual cases for humanitarian reasons, including in the circumstances provided for in Article 25(1); |
Amendment 29
Proposal for a regulation
Article 1 - paragraph 1 - point 6 - point a
Regulation (EC) No 810/2009
Article 9 - paragraph 1b - point a a (new)
Text proposed by the Commission |
Amendment |
(aa) third-country nationals with a disability; |
Amendment 30
Proposal for a regulation
Article 1 - paragraph 1 - point 6 - point a
Regulation (EC) No 810/2009
Article 9 - paragraph 1b - point a b (new)
Text proposed by the Commission |
Amendment |
(ab) third-country nationals with low literacy and low digital literacy; |
Amendment 31
Proposal for a regulation
Article 1 - paragraph 1 - point 6 - point a
Regulation (EC) No 810/2009
Article 9 - paragraph 1b - point a c (new)
Text proposed by the Commission |
Amendment |
(ac) third-country nationals from countries in which there is limited or no internet penetration; |
Amendment 32
Proposal for a regulation
Article 1 - paragraph 1 - point 6 - point a
Regulation (EC) No 810/2009
Article 9 - paragraph 1b - point a d (new)
Text proposed by the Commission |
Amendment |
(ad) third-country nationals from countries in which there is a low penetration of online payment services; |
Amendment 33
Proposal for a regulation
Article 1 - paragraph 1 - point 6 - point a
Regulation (EC) No 810/2009
Article 9 - paragraph 1b - point a e (new)
Text proposed by the Commission |
Amendment |
(ae) third-country nationals from countries in which there is a high presence of illegal intermediaries; |
Amendment 34
Proposal for a regulation
Article 1 - paragraph 1 - point 6 - point a
Regulation (EC) No 810/2009
Article 9 - paragraph 1b - point a f (new)
Text proposed by the Commission |
Amendment |
(af) persons seeking international protection within the meaning of Article 25(6a). |
Amendment 35
Proposal for a regulation
Article 1 - paragraph 1 - point 7 - point а
Regulation (EC) No 810/2009
Article 10 - paragraph 1
Text proposed by the Commission |
Amendment |
1. When lodging an application, applicants shall, where required in accordance with Article 13, appear in person to provide their fingerprints and facial image. Applicants shall also appear in person for the verification of their travel document in accordance with Article 12.; |
1. When lodging an application, applicants shall, where required in accordance with Article 13, appear in person to provide their biometric identifiers. Applicants shall also appear in person for the verification of their travel document in accordance with Article 12.; |
Amendment 36
Proposal for a regulation
Article 1 - paragraph 1 - point 7 - point b - introductory part
Text proposed by the Commission |
Amendment |
(b) the following paragraphs 1a and 1bare inserted: |
(b) the following paragraphs 1a, 1b and 1baare inserted: |
Amendment 37
Proposal for a regulation
Article 1 - paragraph 1 - point 7 - point b
Regulation (EC) No 810/2009
Article 10 - paragraph 1b a (new)
Text proposed by the Commission |
Amendment |
1ba. The European Commission shall issue guidelines to facilitate a common understanding among Member States of the exceptional cases referred to in paragraph 1a. |
Amendment
Proposal for a regulation
Article 1 - paragraph 1 - point 8 - point a
Regulation (EC) 810/2009
Article 11 - paragraph 1 - subparagraph 2 a (new)
Text proposed by the Commission |
Amendment |
The Commission shall adopt delegated acts in accordance with Article 51a in order to establish the procedures and requirements to ensure data quality checks of the data entered in the application form by the third-country nationals. |
Amendment 39
Proposal for a regulation
Article 1 - paragraph 1 - point 8 - point а
Regulation (EC) No 810/2009
Article 11 - paragraph 1 - subparagraph 3
Text proposed by the Commission |
Amendment |
The application form shall be signed. It may be signed electronically. Persons included in the applicant's travel document shall submit a separate application form. Minors shall submit anapplication form signed by a person exercising permanent or temporary parental authority or legal guardianship.; |
The application form shall be signed. It may be signed electronically. Persons included in the applicant's travel document shall submit a separate application form. In the case of a minor, theapplication form shall besigned and submittedby a person exercising permanent or temporary parental authority or theirlegal guardian.; |
Amendment 40
Proposal for a regulation
Article 1 - paragraph 1 - point 8 - point c a (new)
Regulation (EC) No 810/2009
Article 11 - paragraph 3 - point b
Present text |
Amendment |
(ca) point (b) of paragraph 3 is amended as follows: |
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(b) the official language(s) of the host country. |
"(b) the official language(s) of the host country or widely spoken unofficial language(s) of the host country;" |
Amendment 41
Proposal for a regulation
Article 1 - paragraph 1 - point 8 - point c b (new)
Regulation (EC) No 810/2009
Article 11 - paragraph 4
Present text |
Amendment |
(cb) paragraph 4 is amended as follows: |
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4. If the official language(s) of the host countryis/are not integrated into the form, a translation into that/those language(s) shall be made available separately to applicants. |
" 4. Ifthe application form is not available in the official language(s) of the host country, a translationof it into that/those language(s)or widely spoken unofficial language(s) of the host country shall be made available separately to applicants." |
Amendment 42
Proposal for a regulation
Article 1 - paragraph 1 - point 8 - point c c (new)
Regulation (EC) No 810/2009
Article 11 - paragraph 5
Present text |
Amendment |
(cc) paragraph 5 is amended as follows: |
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5. A translation of the application form into the official language(s) of the host country shall be produced under local Schengen cooperation provided for in Article 48. |
"5. A translation of the application form into the official language(s) of the host country or widely spoken unofficial language(s) shall be produced under local Schengen cooperation provided for in Article 48." |
Amendment 43
Proposal for a regulation
Article 1 - paragraph 1 - point 9
Regulation (EC) No 810/2009
Article 12 - paragraph 3
Text proposed by the Commission |
Amendment |
3. The travel documents shall be checked using the appropriate technology. |
3. The travel documents shall be checked for authenticityusing the appropriate technology. |
Amendment 44
Proposal for a regulation
Article 1 - paragraph 1 - point 9
Regulation (EC) No 810/2009
Article 12 - paragraph 4 - subparagraph 1
Text proposed by the Commission |
Amendment |
Where the application is submitted via the EU application platform, the consulate or the external service provider shall verify that the presented travel document, which is presented in person in accordance with paragraph 2, corresponds to the scannedcopy uploaded by the applicant. |
Where the application is submitted via the EU application platform, the consulate or the external service provider shall verify that the presented travel document, which is presented in person in accordance with paragraph 2, corresponds to the electroniccopy uploaded by the applicant. |
Amendment 45
Proposal for a regulation
Article 1 - paragraph 1 - point 9
Regulation (EC) No 810/2009
Article 12 - paragraph 5
Text proposed by the Commission |
Amendment |
5. Where the quality of the scannedcopy referred to in paragraph 4 is unsatisfactory or where there are doubts, notably regarding authenticity the competent consulate or the external service provider shall take a new scan and upload itto the EU application platform..; |
5. Where the quality of the electroniccopy referred to in paragraph 4 is unsatisfactory or where there are doubts, notably regarding authenticity,the competent consulate or the external service provider shall take a new scan, or make a new electronic copy,and upload that new copyto the EU application platform.; |
Amendment 46
Proposal for a regulation
Article 1 - paragraph 1 - point 10
Regulation (EC) No 810/2009
Article 13 - paragraph 7c
Text proposed by the Commission |
Amendment |
7c. Where the biometric identifiers are collected by an external service provider in accordance with Article 43, the external service provider gateway referred to in Article 7e Regulation (EC) No 767/2008 shall be used for thispurpose.; |
7c. Where the biometric identifiers are collected by an external service provider in accordance with Article 43, the external service provider gateway referred to in Article 7e ofRegulation (EC) No 767/2008 shall be used for thepurpose of uploading the biometric identifiers as provided for in paragraph 1(b) of Article 7e.; |
Amendment 47
Proposal for a regulation
Article 1 - paragraph 1 - point 13
Regulation (EC) No 810/2009
Article 16 - paragraph 7 - subparagraph 1
Text proposed by the Commission |
Amendment |
For applications submitted via the EU application platform, the visa fee shall be charged in euro and shall not be refundable except in the cases referred to in Article 18(2) and Article 19(3). "; |
For applications submitted via the EU application platform, the visa fee shall be charged in euro and shall be half the amount of the original visa fee. The fee shallnot be refundable except in the cases referred to in Article 18(2) and Article 19(3). "; |
Amendment 48
Proposal for a regulation
Article 1 - paragraph 1 - point 13
Regulation (EC) No 810/2009
Article 16 - paragraph 7 - subparagraph 2
Text proposed by the Commission |
Amendment |
For application not submitted via the EU application platform, when charged in a currency other than the euro, the amount of the visa fee charged in that currency shall be determined and regularly reviewed in application of the euro foreign exchange reference rate set by the European Central Bank. The amount charged may be rounded up and it shall be ensured under local Schengen cooperation that similar fees are charged.; |
For application not submitted via the EU application platform, when charged in a currency other than the euro, the amount of the visa fee charged in that currency shall be determined and regularly reviewed in application of the euro foreign exchange reference rate set by the European Central Bank. The amount charged may be rounded up,and it shall be ensured under local Schengen cooperation that similar fees are charged irrespective of which Member State is competent for issuing the visa.; |
Amendment 49
Proposal for a regulation
Article 1 - paragraph 1 - point 14
Regulation (EC) No 810/2009
Article 18 - paragraph 4 - subparagraph 1
Text proposed by the Commission |
Amendment |
In cases referred to in paragraph 3, if the Member State finds that it is not competent, it shall, without delay, notify the applicant using the secure account service in the EU application platform, indicating which Member State is competent. |
In cases referred to in paragraph 3, if the Member State finds that it is not competent, it shall, without delay, notify the applicant using the secure account service in the EU application platform, indicating which Member State is competent, without prejudice to the prerogatives of the Member State pursuant to Article 25. |
Amendment 50
Proposal for a regulation
Article 1 - paragraph 1 - point 19 - introductory part
Text proposed by the Commission |
Amendment |
(19) in Article 25, the following paragraph 6 is added: |
(19) in Article 25, the following paragraphs 6 and 6aare added: |
Amendment 51
Proposal for a regulation
Article 1 - paragraph 1 - point 19
Regulation (EC) No 810/2009
Article 25 - paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
6a. For the purpose of paragraph 1, a visa with limited territorial validity issued for humanitarian grounds or because of international obligations could also refer to a visa allowing the holder to enter the territory of the Member State issuing the visa for the purpose of making an application for international protection in that Member State; |
Amendment 52
Proposal for a regulation
Article 1 - paragraph 1 - point 20
Regulation (EC) No 810/2009
Article 26a - paragraph 1
Text proposed by the Commission |
Amendment |
Visas shall be issued in digital format as a record in VIS, including a unique visa number. ; |
Visas shall be issued in digital format as a record in VIS, including a unique digitalvisa number. ; |
Amendment 53
Proposal for a regulation
Article 1 - paragraph 1 - point 21 - point a
Regulation (EC) No 810/2009
Article 32 - paragraph 2 - subparagraph 1
Text proposed by the Commission |
Amendment |
For applications submitted via the EU application platform, information regarding decisionson refusal and the reasons on which it is based shall be notified to the applicant by secure electronic means in accordance with Article 7f(1) of Regulation (EC) No 767/2008. The notification will contain the same informationas set out in Annex VI, in the language of the Member State that has taken the final decision on the application andanother official language of the Union. |
For applications submitted via the EU application platform, as soon as the refusal decision is available, the applicant shall be notified by electronic means in accordance with Article 7f of Regulation (EC) No 767/2008. A decisionon refusal and the reasons on which it is based,as set out in Annex VI, shall be made available to the applicant in the secure account. The refusal decision shall bein the language of the Member State that has taken the final decision on the application,another official language of the Union, and the official language(s) of the host country or widely spoken unofficial language(s) of the host country. |
Amendment 54
Proposal for a regulation
Article 1 - paragraph 1 - point 21 - point a
Regulation (EC) No 810/2009
Article 32 - paragraph 2 - subparagraph 2
Text proposed by the Commission |
Amendment |
Member States may add additional documents to the standard notification, justifyingthe refusal. |
Member States may add additional documents that substantiatethe refusal decision and shall inform the applicant of the time limits and conditions for lodging an appeal. |
Amendment 55
Proposal for a regulation
Article 1 - paragraph 1 - point 21 - point a
Regulation (EC) No 810/2009
Article 32 - paragraph 2 - subparagraph 2 a (new)
Text proposed by the Commission |
Amendment |
The period of the appeal shall be initiated once the visa applicant receives the notification of the refusal decision via the EU application platform or via receipt of the standard form described in Annex VI. |
Amendment 56
Proposal for a regulation
Article 1 - paragraph 1 - point 21 - point a
Regulation (EC) No 810/2009
Article 32 - paragraph 2 - subparagraph 4
Text proposed by the Commission |
Amendment |
The Commission shall adopt delegated acts in accordance with Article 51a in order to amend the refusal form, as set out in Annex VI or as a notification as referred to in Chapter Ia of Regulation (EC) No 767/2008.; |
The Commission shall adopt delegated acts in accordance with Article 51a in order to amend the refusal form, as set out in Annex VI.; |
Amendment 57
Proposal for a regulation
Article 1 - paragraph 1 - point 21 - point b
Regulation (EC) No 810/2009
Article 32 - paragraph 3 - subparagraph 1
Text proposed by the Commission |
Amendment |
Member States shall provide applicants with information regarding the procedure to be followed in the event of an appeal, as specified as specifiedin Annex VI or in the refusalnotification sent via the EU application platform; |
Member States shall provide applicants with information regarding the procedure to be followed in the event of an appeal, as specified in Annex VI or in the notification of the decision on refusalsent via the EU application platform; |
Amendment 58
Proposal for a regulation
Article 1 - paragraph 1 - point 21 - point b
Regulation (EC) No 810/2009
Article 32 - paragraph 3 - subparagraph 2 (new)
Text proposed by the Commission |
Amendment |
Member States shall also inform the applicants of the responsible national and Union data protection authorities as regards their data protection rights in accordance with the relevant national and Union law."; |
Amendment 59
Proposal for a regulation
Article 1 - paragraph 1 - point 22
Regulation (EC) No 810/2009
Article 32a - paragraph 1
Text proposed by the Commission |
Amendment |
1. Visa holders whose travel document has been lost, stolen orhas expired and whose visa is still valid mayapply for the confirmation of the visa linked to a new travel document. |
1. Visa holders whose travel document has been lost, stolen,has expired or has been invalidatedand whose visa is still valid shallapply for the confirmation of the visa linked to a new travel document, if they wish to continue using the visa. The confirmation of the visa can be done, in principle, by the authority which issued the visa or under the terms communicated by the Member State. |
The decision on the confirmation of the visa in a new travel document shall be notified to the applicant by electronic means in accordance with Article 7f of Regulation (EC) No 767/2008. |
|
The decision whether a visa is confirmed in a new travel document shall be made available to the applicant in the secure account. |
Amendment 60
Proposal for a regulation
Article 1 - paragraph 1 - point 22
Regulation (EC) No 810/2009
Article 32a - paragraph 2 - point (b)
Text proposed by the Commission |
Amendment |
(b) number of the visa; |
(b) number of the digitalvisa; |
Amendment 61
Proposal for a regulation
Article 1 - paragraph 1 - point 22
Regulation (EC) No 810/2009
Article 32a - paragraph 3
Text proposed by the Commission |
Amendment |
3. The visa holder shall pay the visa confirmation fee of EUR 30. |
deleted |
Amendment 62
Proposal for a regulation
Article 1 - paragraph 1 - point 22
Regulation (EC) No 810/2009
Article 32a - paragraph 4
Text proposed by the Commission |
Amendment |
4. The visa holder shall be required to appear in person for the presentation of the new travel document in order to verify that this travel document corresponds to the scannedcopy uploaded via the EU application platform, and that bearer of the travel document corresponds to the person for whom a visa was issued. |
4. The visa holder shall be required to appear in person for the presentation of the new travel document in order to verify that this travel document corresponds to the electroniccopy uploaded via the EU application platform, and that bearer of the travel document corresponds to the person for whom a visa was issued. |
Amendment 63
Proposal for a regulation
Article 1 - paragraph 1 - point 22
Regulation (EC) No 810/2009
Article 32a - paragraph 9
Text proposed by the Commission |
Amendment |
9. The procedure regarding the confirmation of a valid visa in a new travel document shall not preclude the visa holder to submit a new visa application.; |
9. The procedure regarding the confirmation of a valid visa in a new travel document shall not preclude the visa holder to submit a new visa application or to appeal the relevant decision on refusal or revocation pursuant to Article 32(3) or Article 34(7).; |
Amendment 64
Proposal for a regulation
Article 1 - paragraph 1 - point 23 - point -a (new)
Regulation (EC) No 810/2009
Article 33 - paragraph 1a (new)
Text proposed by the Commission |
Amendment |
(-a) the following paragraph is inserted: |
|
"1a. The period of validity of an issued visa, the duration of stay of an issued visa, or both, shall be extended to allow the conclusion of the procedure for international protection in the circumstances provided for in Article 25(1) and (6a). Such extensions shall be granted free of charge". |
Amendment 65
Proposal for a regulation
Article 1 - paragraph 1 - point 23 - point a
Regulation (EC) No 810/2009
Article 33 - paragraph 6
Text proposed by the Commission |
Amendment |
6. Visa holders may apply for extension online via the EU application platform. They shall provide personal data, number of visa and travel document, upload supporting documents proving force majeure, humanitarian reasons and/or serious personal reasons preventing them from leaving the territory of the Member States, and pay the fee of EUR 30 only in case of serious personal reasons referred to in paragraph 2.; |
6. Visa holders may apply for extension online via the EU application platform. They shall provide personal data, number of visa and travel document, upload supporting documents proving force majeure, humanitarian reasons, the ongoing procedure for international protection or the lodging of the relevant application,and/or serious personal reasons preventing them from leaving the territory of the Member States, and pay the fee of EUR 30 only in case of serious personal reasons referred to in paragraph 2.; |
Amendment 66
Proposal for a regulation
Article 1 - paragraph 1 - point 23 - point b
Regulation (EC) No 810/2009
Article 33 - paragraph 8
Text proposed by the Commission |
Amendment |
8. When a visa is extended pursuant to paragraphs 1 to 7 of this Articlevia the EU application platform, the extensionshall be notified to the applicant by secureelectronic means in accordance with Article 7f of Regulation (EC) No 767/2008.; |
8. The decision on the extension of the visa requestedvia the EU application platform shall be notified to the applicant by electronic means in accordance with Article 7f of Regulation (EC) No 767/2008. |
The decision whether a visa is extended shall be made available to the applicant in the secure account.; |
Amendment 67
Proposal for a regulation
Article 1 - paragraph 1 - point 24 - point a
Regulation (EC) No 810/2009
Article 34 - paragraph 6
Text proposed by the Commission |
Amendment |
6. A decision on annulment or revocation of a visa and the reasons on which it is based shall be issued in digital format by entering the data into the VIS, pursuant toArticle 12of Regulation (EC) No 767/2008, and notified tothe applicant by secureelectronic means in accordance with Article 7f of Regulation (EC) No 767/2008 or by means of the standard formset out in Annex VI for applications not submitted via the EU application platform. The notificationshall contain the informationset out in Annex VI.; |
6. For applications submitted via the EU application platform,a decision on annulment or revocation of a visa and the reasons on which it is based shall be issued in digital format by entering the data into the VIS, in accordance withArticle 13of Regulation (EC) No 767/2008. |
As soon as the decision on the annulment or revocation is available,the applicant shall be notifiedby electronic means in accordance with Article 7f of Regulation (EC) No 767/2008. |
|
A decision on annulment or revocation and the reasons on which it is based, asset out in Annex VI, shall be made available to the applicant in the secure account. |
|
For applications not submitted via the EU application platform, a decision on annulment or revocation of a visa and the reasons on which it is basedshall be notified to the applicant by means of the standard formset out in Annex VI."; |
Amendment 68
Proposal for a regulation
Article 1 - paragraph 1 - point 24 - point b
Regulation (EC) No 810/2009
Article 34 - paragraph 7
Text proposed by the Commission |
Amendment |
Member States shall provide applicants with information regarding the procedure to be followed in the event of an appeal, as set outin Annex VI or in the notification sent via the EU application platform; |
Member States shall provide applicants with information regarding the procedure to be followed in the event of an appeal, as specifiedin Annex VI or in the notification of the decision on annulment or on revocationsent via the EU application platform; |
Amendment 69
Proposal for a regulation
Article 1 - paragraph 1 - point 25 - point а
Regulation (EC) No 810/2009
Article 37 - paragraph 2
Text proposed by the Commission |
Amendment |
2. For Member States which do not issue visas in digital format, 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 significantloss of blank visa stickers shall be reported to the Commission.; |
2. For Member States which do not issue visas in digital format, 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 loss of blank visa stickers shall be reported to the Commission.; |
Amendment 70
Proposal for a regulation
Article 1 - paragraph 1 - point 28 - point c - point 1
Regulation (EC) No 810/2009
Article 43 - paragraph 6 - point c
Text proposed by the Commission |
Amendment |
(c) collecting data (including collection of biometric identifiers and, in exceptional cases, supporting documents and documents needed for identity checks), transmitting them to the consulate or the central authorities where applicable, and uploading them to the EU application platform;; |
(c) collecting data (including collection of biometric identifiers and, in exceptional cases, supporting documents and documents needed for identity checks), transmitting them to the consulate or the central authorities in case of documents and information not automatically received by these authorities, and uploading them to the EU application platform;; |
Amendment 71
Proposal for a regulation
Article 1 - paragraph 1 - point 28 - point c - point 2
Regulation (EC) No 810/2009
Article 43 - paragraph 6 - point ca
Text proposed by the Commission |
Amendment |
(ca) verify the travel document against the copy uploaded by the applicant;; |
(ca) verify the travel document against the electroniccopy uploaded by the applicant; |
Amendment 72
Proposal for a regulation
Article 1 - paragraph 1 - point 29
Regulation (EC) No 810/2009
Article 44 - paragraph 1a
Text proposed by the Commission |
Amendment |
(29) in Article 44, the following paragraph 1a is inserted : |
deleted |
'1a. Paragraph 1 shall not apply to the access that external service providers may have to the EU application platform via the external service provider gateway referred to in Article 7e of Regulation (EC) No 767/2008.;' |
Amendment 73
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7a - title
Text proposed by the Commission |
Amendment |
General public information on the EU-applicationplatform |
General public information on the EU applicationplatform |
Amendment 74
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7a - paragraph 1 - subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
The EU Online Visa Application Platform ('EU Application Platform') shall also provide general information to the public regarding the entry conditions for third-country nationals pursuant to Article 6 of Regulation (EU) 2016/399. |
Amendment 75
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7a - paragraph 2 - subparagraph 1 - introductory part
Text proposed by the Commission |
Amendment |
eu-LISA shall be responsible for publishing and updating the following general public information on the EU-applicationplatform, upon receiving the following information from the Commission or the Member States: |
eu-LISA shall be responsible for publishing and updating the following general public information on the EU applicationplatform, upon receiving the following information from the Commission or the Member States: |
Amendment 76
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7a - paragraph 4 - point b
Text proposed by the Commission |
Amendment |
(b) appointment tool, including available slots; |
(b) appointment tool, including available slots and contact details; |
Amendment 77
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7b - paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
1a. The EU application platform shall provide the information to each applicant as referred to in Articles 37 and 38. |
Amendment 78
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7b - paragraph 2 - subparagraph 1 - introductory part
Text proposed by the Commission |
Amendment |
Without prejudice to Article 7ba, heapplicant shall provide the following personal data in the application form: |
Without prejudice to Article 7ba, theapplicant shall provide, if applicable,the following personal data in the application form: |
Amendment 79
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7b - paragraph 2 - subparagraph 1 - point 8
Text proposed by the Commission |
Amendment |
(8) sex; |
(8) sex/gender; |
Amendment 80
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7b - paragraph 2 - subparagraph 1 - point 28
Text proposed by the Commission |
Amendment |
(28) fingerprints collected previously for the purpose of applying for a Schengen visa; date (if known); visa number, if known; |
(28) fingerprints collected previously for the purpose of applying for a Schengen visa; date (if known); digitalvisa number, if known; |
Amendment 81
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7b - paragraph 2 - subparagraph 2
Text proposed by the Commission |
Amendment |
The applicant shall also provide an email address. |
deleted |
Amendment 82
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7b - paragraph 2 - subparagraph 3
Text proposed by the Commission |
Amendment |
All such data shall be recorded and stored temporary storage capacity in line with the data retention periods defined in Article 7c. |
All such data shall be recorded and stored in thetemporary storage capacity in line with the data retention periods defined in Article 7c. |
Amendment 83
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7b - paragraph 2 - subparagraph 3 a (new)
Text proposed by the Commission |
Amendment |
In relation to the processing of personal data in the temporary storage, and before their transfer and deletion from the temporary storage, eu-LISA shall be considered the competent authority and the controller in accordance with of Article 3, point (8) of Regulation (EU) 2018/1725. |
Amendment 84
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7b - paragraph 3 - subparagraph 1
Text proposed by the Commission |
Amendment |
The EU application platform shall also contain a secure account service. The secure account service shall have the possibility for the applicant to keep the data provided for subsequent applications, but only if the applicant freely and explicitly consents to such storage. |
The EU application platform shall also contain a secure account service. The secure account service shall have the possibility for the applicant to keep the data provided for subsequent applications, but only if the applicant freely and explicitly consents to such storage, within the meaning of Article 4, point (11) of Regulation (EU) 2016/679. |
Amendment 85
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7b - paragraph 5
Text proposed by the Commission |
Amendment |
5. On submission of the online application form,the EU application platform shall collect the IP address from which the application form was submitted and add it as part of dataof the application. |
5. The EU application platform shall collect the IP address from which the application form was submitted. |
A flagged IP address alone or the potential duplication of IP addresses shall not, in itself, lead to disqualificationof the application for a visa or be a premise for refusing to grant a visa. |
Amendment 86
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7b - paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
5a. In relation to the processing of personal data in the temporary storage and in the secure account service, EU-Lisa shall be considered controller within the meaning of Article 3, point (8) of Regulation (EU) 2018/1725. |
Amendment 87
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7b - paragraph 6
Text proposed by the Commission |
Amendment |
6. The Commission shall, by means of implementing acts,define the content of asimplified application forms for confirmation of valid visas in a new travel document, as referred to in Article 32a of Regulation (EC) No 810/2009, and for extension of visas, as referred to in Article 33 of that Regulation, using the EU application platform. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2). |
6. The Commission shall adopt delegated acts in accordance with Article 48a todefine the content of thesimplified application forms for confirmation of valid visas in a new travel document, as referred to in Article 32a of Regulation (EC) No 810/2009, and for extension of visas, as referred to in Article 33 of that Regulation, using the EU application platform. |
Amendment 88
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7b - paragraph 7
Text proposed by the Commission |
Amendment |
7. The Commission shall, by means of implementing acts, define the requirements concerning the format of the personal data referred to in paragraphs 2 and 5 of this Article to be inserted in the application form as well as parameters and verifications to be implemented for ensuring the completeness of the application and the coherence of those data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2). |
7. The Commission shall, by means of delegated acts adopted pursuant to Article 48a, define the requirements concerning the format of the personal data referred to in paragraphs 2 and 5 of this Article to be inserted in the application form as well as parameters and verifications to be implemented for ensuring the completeness of the application and the coherence of those data. |
Amendment 89
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7c - paragraph 2
Text proposed by the Commission |
Amendment |
2. Applicants shall be able to use the EU application platform to submit a scannedcopy of the travel document in electronic format, as well as supporting documents and proof of travel medical insurance in digital format, as applicable, pursuant to Regulation (EC) No 810/2009 or Directive 2004/38/EC. |
2. Applicants shall be able to use the EU application platform to submit a copy of the travel document in electronic format, as well as supporting documents and proof of travel medical insurance in digital format, as applicable, pursuant to Regulation (EC) No 810/2009 or Directive 2004/38/EC. |
Amendment 90
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7c - paragraph 4
Text proposed by the Commission |
Amendment |
4. If necessary, the applicant shall be able to use the EU application platform to pay the visa fee using the payment tool referred to in Article 7d. |
4. Where applicable, the applicant shall be able to use the EU application platform to pay the visa fee using the securepayment tool referred to in Article 7d. |
Amendment 91
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7c - paragraph 8 - subparagraph 2 - point a
Text proposed by the Commission |
Amendment |
(a) the application has been lodged within the period referred to in Article 9(1), if applicable; |
(a) the application has been lodged within the period referred to in Article 9(1) of Regulation (EC) No 810/2009, if applicable; |
Amendment 92
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7c - paragraph 9 - subparagraph 3
Text proposed by the Commission |
Amendment |
The application platform shall be designed so as to ensure that Article 19 paragraphs (4) and (4a)of Regulation (EC) No 810/2009 can apply, in order to allow applications to be considered admissible. |
The EUapplication platform shall be designed so as to ensure that Article 19 paragraphs (4), (4a) and Article 25of Regulation (EC) No 810/2009 can apply, in order to allow applications to be considered admissibleor to proceed with the issuing of the visa where exceptional grounds so require. |
Amendment 93
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7c - paragraph 10 a (new)
Text proposed by the Commission |
Amendment |
10a. Following the notification referred to in paragraph 9, the Member State authorities that are controllers for VIS shall be controllers within the meaning of Article 4, point (7) of Regulation (EU) 2016/679 in relation to the processing of personal data. EU-Lisa will continue to be data controller with respect to the date stored in the secure account service. |
Amendment 94
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7c - paragraph 11
Text proposed by the Commission |
Amendment |
11. If the competent consulate or the central authorities of the competent Member State accept the application submitted via the EU application platform the data shall be transferred to the national system from temporary storage. The data shall be immediately deleted from temporary storage, with the exception of contact data linked to the secure account service. |
11. If the competent consulate or the central authorities of the competent Member State accept the application submitted via the EU application platform the data shall be transferred to the national system from temporary storage. The data shall be immediately deleted from temporary storage, with the exception of contact data linked to the secure account service, where applicable. |
Amendment 95
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7c - paragraph 12
Text proposed by the Commission |
Amendment |
12. If the applicant withdraws the application following the automated competence and admissibility pre-check, the data shall be immediately deleted from temporary storage, with the exception of contact data linked to the secure account service. |
12. If the applicant withdraws the application following the automated competence and admissibility pre-check, the data shall be immediately deleted from temporary storage, with the exception of contact data linked to the secure account service, where applicable. |
Amendment 96
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7c - paragraph 13 a (new)
Text proposed by the Commission |
Amendment |
13a. In relation to the transferred data to the responsible Member State referred to in paragraphs 11 and 12, that Member State shall designate a competent authority which is to be considered data controller in accordance with point (7) of Article 4 of Regulation (EU) 2016/679 and which shall have central responsibility for the processing of data by that Member State. Each Member State shall communicate the designated authorities to the Commission, to eu-LISA and the other Member States. |
Amendment 97
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7d - paragraph 1
Text proposed by the Commission |
Amendment |
1. A payment tool shall be used to pay the visa fee using the EU application platform. The payment tool shall be managed by third party provider. |
1. A securepayment tool shall be used to pay the visa fee using the EU application platform. The payment tool shall be managed by third party provider. |
Amendment 98
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7e - paragraph 1 - point a
Text proposed by the Commission |
Amendment |
(a) verify and perform quality checks on the data uploaded in the temporary storage capacity, notably the scannedcopy of the travel document; |
(a) verify and perform quality checks on the data uploaded in the temporary storage capacity, notably the electroniccopy of the travel document; |
Amendment 99
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7e - subparagraph 2 a (new)
Text proposed by the Commission |
Amendment |
2a. External service providers shall have no access to the VIS. |
Amendment 100
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7e - subparagraph 2 b (new)
Text proposed by the Commission |
Amendment |
2b. The authentication scheme shall be designed in a way to also exclude access by external service providers to the read-only copy of VIS as referred to in article 7c(5). |
Amendment 101
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7f - paragraph 1
Text proposed by the Commission |
Amendment |
1. Applicants and visa holders shall be notified of decisions taken by Member States on their applications or issued visas by secureelectronic means. |
1. Applicants and visa holders shall be notified of decisions taken by Member States on their applications or issued visas by electronic means. |
Amendment 102
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7f - paragraph 2 - point b
Text proposed by the Commission |
Amendment |
(b) for visa refused: data listed in Article32 of Regulation (EC) No 810/2009 and Article 12 of this Regulation; |
(b) for visa refused: data listed in Articles 19, 25 and32 of Regulation (EC) No 810/2009 and Article 12 of this Regulation; |
Amendment 103
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7g - paragraph 1 - point b
Text proposed by the Commission |
Amendment |
(b) status and validity of their visa. |
(b) status and validity of their digitalvisa. |
Amendment 104
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7g - paragraph 3
Text proposed by the Commission |
Amendment |
3. The EU application platform shall offer a web-service functionality for applicants to verify the digital visa without the secure account service. |
3. The EU application platform shall offer a web-service functionality for applicants to verify the validity of thedigital visa without the secure account service. |
Amendment 105
Proposal for a regulation
Article 2 - paragraph 1 - point 3
Regulation (EC) No 767/2008
Article 7g - paragraph 4
Text proposed by the Commission |
Amendment |
4. The Commission shall adopt implementing actsconcerning the detailed rules on the conditions for the operation of the web service and the data protection and security rules applicable to the web service, including unique identifier for the applicant. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(2).; |
4. The Commission shall adopt delegated acts pursuant to Article 48aconcerning the detailed rules on the conditions for the operation of the web service and the data protection and security rules applicable to the web service.; |
Amendment 106
Proposal for a regulation
Article 2 - paragraph 1 - point 4
Regulation (EC) No 767/2008
Article 9 - paragraph 4 - point p
Text proposed by the Commission |
Amendment |
(p) IP address from which the application form was submitted.; |
deleted |
Amendment 107
Proposal for a regulation
Article 2 - paragraph 1 - point 6 - point a
Regulation (EC) No 767/2008
Article 10 - paragraph 1 - point e
Text proposed by the Commission |
Amendment |
(e) visa number;; |
(e) digitalvisa number; |
Amendment 108
Proposal for a regulation
Article 2 - paragraph 1 - point 8
Regulation (EC) No 767/2008
Article 14 - paragraph 1 - point (d)
Text proposed by the Commission |
Amendment |
(d) visa number of the extended visa;; |
(d) digitalvisa number of the extended visa; |
Amendment 109
Proposal for a regulation
Article 2 - paragraph 1 - point 9
Regulation (EC) No 767/2008
Article 15 - pararaph 2 - point f
Text proposed by the Commission |
Amendment |
(f) the visa number, long-stay visa or residence permit number and the date of issue of any previous visa, long-stay visa or residence permit; |
(f) the digitalvisa number, long-stay visa or residence permit number and the date of issue of any previous visa, long-stay visa or residence permit; |
Amendment 110
Proposal for a regulation
Article 2 - paragraph 1 - point 10 - point b
Regulation (EC) No 767/2008
Article 18 - paragraph 3
Text proposed by the Commission |
Amendment |
3. By way of derogation from paragraph 2 of this Article,where a search is launched in the EES pursuant to Article 23(2) or (4) of Regulation (EU) 2017/2226, the competent border authority may search the VIS without making use of the interoperability with the EES, where specific circumstances so require, in particular, where it is technically impossible, on a temporary basis, to consult the EES data or in the event of a failure of the EES.; |
3. Where a search is launched in the EES pursuant to Article 23(2) or (4) of Regulation (EU) 2017/2226, the competent border authority may search the VIS without making use of the interoperability with the EES, where specific circumstances so require, in particular, where it is technically impossible, on a temporary basis, to consult the EES data or in the event of a failure of the EES.; |
Amendment 111
Proposal for a regulation
Article 2 - paragraph 1 - point 12
Regulation (EC) No 767/2008
Article 19 - paragraph 1 - subparagraph 2
Text proposed by the Commission |
Amendment |
Where the identity of the visa holder cannot be verified with fingerprints the competent authorities may also carry out the verification with the facial image.; |
Where the identity of the visa holder cannot be verified with fingerprints the competent authorities may also carry out the verification with the facial image. The facial image shall not be the only search criterion.; |
Amendment 112
Proposal for a regulation
Article 2 - paragraph 1 - point 14
Regulation (EC) No 767/2008
Article 21 - paragraph 2 - point d
Text proposed by the Commission |
Amendment |
(d) the data entered in respect of any visa issued, confirmed, annulled, revoked or extended referred to in Articles 10, 12a, 13 and 14;; |
(d) the data entered in respect of any visa issued, refused, confirmed, annulled, revoked or extended referred to in Articles 10, 12,12a, 13 and 14;; |
Amendment 113
Proposal for a regulation
Article 2 - paragraph 1 - point 15
Regulation (EC) No 767/2008
Article 22 - paragraph 2 - point e
Text proposed by the Commission |
Amendment |
(e) the data entered in respect of any visa issued, confirmed, annulled, revoked or extended referred to in Articles 10, 12a, 13 and 14;; |
(e) the data entered in respect of any visa issued, refused, confirmed, annulled, revoked or extended referred to in Articles 10, 12,12a, 13 and 14;; |
Amendment 114
Proposal for a regulation
Article 2 - paragraph 1 - point 17 - point b - introductory part
Regulation (EC) No 767/2008
Article 22o - paragraph 3
Text proposed by the Commission |
Amendment |
(b) the following points (f) and (g) areadded: |
(b) the following point (f) isadded: |
Amendment 115
Proposal for a regulation
Article 2 - paragraph 1 - point 17 - point b
Regulation (EC) No 767/2008
Article 22o - paragraph 3 - point f
Text proposed by the Commission |
Amendment |
(f) IPaddress; |
(f) emailaddress; |
Amendment 116
Proposal for a regulation
Article 2 - paragraph 1 - point 17 - point b
Regulation (EC) No 767/2008
Article 22o - paragraph 3 - point g
Text proposed by the Commission |
Amendment |
(g) email address.; |
deleted |
Amendment 117
Proposal for a regulation
Article 2 - paragraph 1 - point 18 - point a
Regulation (EC) No 767/2008
Article 22r - paragraph 3 - point c
Text proposed by the Commission |
Amendment |
(c) visa number or number of the long-stay visa or residence permit and the date of expiry of the validity of the visa, long-stay visa or residence permit, as applicable;; |
(c) digitalvisa number or number of the long-stay visa or residence permit and the date of expiry of the validity of the visa, long-stay visa or residence permit, as applicable;; |
Amendment 118
Proposal for a regulation
Article 2 - paragraph 1 - point 18 - point b - introductory part
Text proposed by the Commission |
Amendment |
(b) the following points (f) and (g) areadded: |
(b) the following point (f) isadded: |
Amendment 119
Proposal for a regulation
Article 2 - paragraph 1 - point 18 - point b
Regulation (EC) No 767/2008
Article 22r - paragraph 3 - point f
Text proposed by the Commission |
Amendment |
(f) IPaddress; |
(f) emailaddress; |
Amendment 120
Proposal for a regulation
Article 2 - paragraph 1 - point 18 - point b
Regulation (EC) No 767/2008
Article 22r - paragraph 3 - point g
Text proposed by the Commission |
Amendment |
(g) email address; |
deleted |
Amendment 121
Proposal for a regulation
Article 2 - paragraph 1 - point 19 - introductory part
Regulation (EC) No 767/2008
Article 45 - paragraph 2
Text proposed by the Commission |
Amendment |
(19) in Article 45(2), the following points (g) to (o)are added: |
(19) in Article 45(2), the following points (g) to (m)are added: |
Amendment 122
Proposal for a regulation
Article 2 - paragraph 1 - point 19
Regulation (EC) No 767/2008
Article 45 - paragraph 2 - point h
Text proposed by the Commission |
Amendment |
(h) for defining requirements concerning the format of the personal data in the online application form, in accordance with Article 7b; |
deleted |
Amendment 123
Proposal for a regulation
Article 2 - paragraph 1 - point 19
Regulation (EC) No 767/2008
Article 45 - paragraph 2 - point n
Text proposed by the Commission |
Amendment |
(n) for laying down detailed rules on the conditions for the operation of the web service and the data protection and security rules applicable to the web service, in accordance with Article 7g; |
deleted |
Amendment 124
Proposal for a regulation
Article 2 - paragraph 1 - point 20
Text proposed by the Commission |
Amendment |
(20) in Article 48a(2), (3) and (6), the references to "Article 9, Article 9h(2), Article 9j(2) and Article 22b(18)" are replaced by references to "Article 7b, Article 9, Article 9h(2), Article 9j(2) and Article 22b(18)". |
(20) in Article 48a(2), (3) and (6), the references to "Article 9, Article 9h(2), Article 9j(2) and Article 22b(18)" are replaced by references to "Article 7b, Article 7g, Article9, Article 9h(2), Article 9j(2) and Article 22b(18)". |
Amendment 125
Proposal for a regulation
Article 8 - paragraph 1 - point 1
Regulation (EU) 2017/2226
Article 16 - paragraph 2 - point d
Text proposed by the Commission |
Amendment |
(d) where applicable, the short-stay visa number, including the three letter code of the issuing Member State, the type of short-stay visa, the end date of the maximum duration of the stay as authorised by the short-stay visa, which shall be updated at each entry, and the date of expiry of the validity of the short-stay visa; |
(d) where applicable, the short-stay digitalvisa number, including the three letter code of the issuing Member State, the type of short-stay visa, the end date of the maximum duration of the stay as authorised by the short-stay visa, which shall be updated at each entry, and the date of expiry of the validity of the short-stay visa; |
Amendment 126
Proposal for a regulation
Article 8 - paragraph 1 - point 2 - point a
Regulation (EU) 2017/2226
Article 19 - paragraph 1 - point d
Text proposed by the Commission |
Amendment |
(d) where applicable, the new visa number, including the three letter code of the issuing country;; |
(d) where applicable, the new digitalvisa number, including the three letter code of the issuing country; |
Amendment 127
Proposal for a regulation
Article 8 - paragraph 1 - point 3
Regulation (EU) 2017/2226
Article 24 - paragraph 2 - point b
Text proposed by the Commission |
Amendment |
(b) the short-stay visa number, including the three letter code of the issuing Member State referred to in Article 16(2), point (d); |
(b) the short-stay digitalvisa number, including the three letter code of the issuing Member State referred to in Article 16(2), point (d); |
Amendment 128
Proposal for a regulation
Article 8 - paragraph 1 - point 4
Regulation (EU) 2017/2226
Article 32 - paragraph 5 - point c
Text proposed by the Commission |
Amendment |
(c) visa number and the date of expiry of the validity of the visa;. |
(c) digitalvisa number and the date of expiry of the validity of the visa;. |
Amendment 129
Proposal for a regulation
Article 9 - paragraph 1
Text proposed by the Commission |
Amendment |
1. Fiveyears after the date of start of operations according to Article 12of this Regulation, the Commission shall evaluate the operation of the EU application platform. This evaluation shall include an examination of the results achieved against objectives and of the implementation of the provisions of Regulation (EC) No 810/2009 and Regulation (EC) No 767/2008, as amended by this Regulation. |
1. Threeyears after the date of start of operations according to Article 10(1)of this Regulation, and subsequently two years after the date referred to in Article 10(3), the Commission shall evaluate the operation of the EU application platform. This evaluation shall include an examination of the results achieved against objectives and of the implementation of the provisions of Regulation (EC) No 810/2009 and Regulation (EC) No 767/2008, as amended by this Regulation and any impact on fundamental rights. |
Amendment 130
Proposal for a regulation
Article 10 - paragraph 1 - point c a (new)
Text proposed by the Commission |
Amendment |
(ca) all necessary authorities for data protection purposes, on national and EU level, have been designated and are provided with the necessary financial and human resources to fulfil their mandate. |
Amendment 131
Proposal for a regulation
Article 10 - paragraph 3 - subparagraph 3
Text proposed by the Commission |
Amendment |
During this transitional period, visa holders shall be able to verify the digital visas using the web-service of the online visaapplication platform, referred to in Article 7g of Regulation (EC) No 767/2008 if the Member State processing their visa application decided not to avail itself of the EU application platform. |
During this transitional period, visa holders shall be able to verify the validity and authenticity of thedigital visas using the web-service of the EUapplication platform, referred to in Article 7g of Regulation (EC) No 767/2008 if the Member State processing their visa application decided not to avail itself of the EU application platform. |
On 27 April 2022, the Commission presented its proposal on the digitalisation of the visa procedure. The proposal aims at introducing the possibility to submit visa applications online through an EU digital visa application platform, and to replace the visa sticker with a digital visa. It will streamline and harmonise the procedures in the context of the common visa policy, and align travel, entry requirements and border checks within the Schengen area through digitalisation and the interoperability framework at the borders.
The legal basis of the legislative initiative is Article 77(2) of the Treaty on the Functioning of the European Union (TFEU). Article 77(2)(a) TFEU empowers the Union to develop measures concerning 'the common policy on visas and other short-stay residence permits'. Article 77(2)(b) TFEU empowers the Union to develop measures concerning 'the checks to which persons crossing external borders are subject. Article 79(2)(a) empowers the Union to develop measures concerning 'the conditions of entry and residence, and standards on the issue by Member States of long-term visas and residence permits'. As the legal instrument aims at the digitalisation of both short-stay and long-stay visas (only the digital visa format for the latter), a joint legal basis consisting of Articles 77(2) and 79(2) TFEU is needed.
Since the entry into force of the Visa Code[2]in 2010 and the start of operations of the Visa Information System (VIS)[3]in 2011, the environment in which the visa policy operates has changed considerably. On the one hand, migration and security challenges have increased in recent years; on the other significant technological developments provide new opportunities to make the Schengen visa application process smoother for both travellers and consulates.
While visa processing is already partially digitalised, with applications and decisions recorded in the VIS, two important steps remain paper-based: the visa application process and the visa sticker.
When revising the EU Visa Code in 2019, the European Parliament and the Council explicitly stated the aim of developing a common solution to allow Schengen visa applications to be lodged online, thereby making full use of the recent legal and technological developments[4]. By introducing the possibility for visa applicants to sign application forms electronically, the amended Visa Code[5]has created the possibility for the digital submission and processing of visa applications.
The digitalisation of visa procedure is an opportunity to improve the visa application process, reducing the costs and the burden on stakeholders, while improving the security of the Schengen area. Moreover, the digitalisation of the visa process is in line with recent legislative developments relating to the IT landscape for border management, contributing to enhanced security of the Schengen Area.
The digitalisation of the visa procedure constitutes a positive development on the current state of play in which fragmentation in terms of national practices for managing the visa application process negatively affects the functioning of the EU Visa policy and the perception of the European Union as a single geographical entity.
While the Rapporteur welcomes the Commission's proposal for digitalisation of the visa procedure, it seeks to further improve and strengthen it. Considering the new system will be fully digital, the proposal merits strengthening of the safeguards in relation to people with disabilities as well as addressing issues relating to digital literacy and internet accessibility. Furthermore, the Rapporteur finds it important also to address language accessibility issues of the EU application platform and the procedure. In line with the EDPS Opinion, the Rapporteur additionally proposes to strengthen the responsibility and roles of eu-LISA and national authorities at different stages of the data processing.
As regards the collection and processing of the IP address of the applicant, the Rapporteur questions the necessity and added value of such a data and further believes that additional guarantees are needed in order to ensure that flagged IP addresses alone never lead to disqualification of a visa application, for example due to low network accessibility in a given location or area.
Moreover, the Rapporteur believes that a modern, user-friendly digital solution, the simplified and harmonised administrative procedure for visa application, and the replacement of the visa sticker with a digital visa constitute a welcomed improvement in EU Visa policy and reduce security risks posed by the physical visa stickers. Therefore, and taking into consideration the significance of visa digitalisation for the citizens and for the European Union as a whole, the Rapporteur recommends that the Members of the Committee on Civil Liberties, Justice and Home Affairs support this report.
Entity and/or person |
1. TLScontact |
Mr Juan Fernando López Aguilar
Chair
Committee on Civil Liberties, Justice and Home Affairs
BRUSSELS
Subject: Opinion on the Amending Regulations (EC) No 767/2008, (EC) No 810/2009 and (EU) 2017/2226 of the European Parliament and of the Council, Council Regulations (EC) No 1683/95, (EC) No 333/2002, (EC) No 693/2003 and (EC) No 694/2003 and Convention implementing the Schengen Agreement, as regards the digitalisation of the visa procedure (COM(2022)0658 - C9-0165/2022 - 2022/0132(COD))
Dear Chair,
The above-mentioned proposal was referred to the Committee on Budgets for opinion. At their meeting of 17 May 2022, the Committee on Budgets decided to adopt its opinion in the form of a letter. The Committee's Coordinators considered the matter at their meeting of 11 July 2022 and mandated me to convey the position set out below.
Background to the proposal and overall budgetary implications
The Commission's proposal seeks to digitalise fully the visa procedure by replacing the current paper visa sticker with a digital visa and introducing a mandatory EU visa application platform. The Commission estimates a positive impact on GDP resulting from the digitalisation of the visa procedure of EUR 53.3 billion between 2025 and 2029. It further estimates overall savings for the Member States of EUR 553 million over the same period.
According to the Commission and based on the Digital Visa Prototype Study, the set-up costs will amount to between EUR 33.8 million and EUR 41.2 million EUR, with annual operation and maintenance costs, once in place, totalling between EUR 10.5 million and EUR 12.9 million. Moreover, Member States are expected to incur costs to connect their national systems to the new platform, to ensure that the right infrastructure is in place and to maintain the enhanced national systems.
As set out in the Legislative Financial Statement annexed to the proposal, costs incurred by the Member States would be supported through the Border Management and Visa Instrument (BMVI), with EUR 112.6 million EUR expected between 2024 and 2027, with a concentration of spending in the set-up phase. The set-up, maintenance and operation costs for the platform itself would be borne by the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) and total EUR 68.4 million between 2024 and 2027. Ten additional staff (five temporary agents at AD grade and five contract agents) would be required.
The Commission proposes that the additional appropriations for eu-LISA be made available via a compensatory reduction in the financial envelope for the BMVI.
Position of the Committee on Budgets
The Committee on Budgets makes the following observations with respect to the budgetary implications of the proposal:
1. The long-standing position of the European Parliament is that new tasks and responsibilities - in this case for eu-LISA - should be matched with fresh resources.
2. The Border Management and Visa Instrument benefits from a EUR 1 billion top-up through a programme-specific adjustment secured by the Parliament during the MFF negotiations. The top-up is the expression of a political will to ensure the Union is able to provide financial support to deliver the objectives of the BMVI programme.
3. The situation in Ukraine and its ongoing consequences for the Member States managing the arrival of large numbers of people fleeing the conflict mean that the BMVI programme requires at least the resources allocated to it over the course of the 2021-2027 MFF.
4. The proposal to reduce the BMVI's financial envelope to offset the increase for eu-LISA follows a similar approach taken for the recent extension of the Europol mandate (EUR 185 million compensatory reduction from the BMVI over the MFF period) and the proposed expansion of the mandate of what will become the EU Drugs Agency (EUR 63 million compensatory reduction from the BMVI over the MFF period).
5. Although, unlike in the above-mentioned cases, the compensatory reduction proposed here is at least within the same MFF heading (heading 4) and there is a policy link between the programme and additional tasks assigned to eu-LISA, such budgetary engineering undermines the political choices made during the MFF negotiations and risks blunting the BMVI's ability to provide effective financial support, especially in the current context.
6. It therefore seems appropriate for the Committee on Civil Liberties, Justice and Home Affairs to challenge this approach in the trilogue negotiations. The Committee on Budgets remains available to support the process.
Yours sincerely,
Johan Van Overtveldt
Title |
Amending Regulations (EC) No 767/2008, (EC) No 810/2009 and (EU) 2017/2226 of the European Parliament and of the Council, Council Regulations (EC) No 1683/95, (EC) No 333/2002, (EC) No 693/2003 and (EC) No 694/2003 and Convention implementing the Schengen Agreement, as regards the digitalisation of the visa procedure |
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References |
COM(2022)0658 - C9-0165/2022 - 2022/0132(COD) |
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Date submitted to Parliament |
28.4.2022 |
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Committee responsible Date announced in plenary |
LIBE 2.5.2022 |
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Committees asked for opinions Date announced in plenary |
BUDG 2.5.2022 |
|||
Rapporteurs Date appointed |
Matjaž Nemec 13.7.2022 |
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Discussed in committee |
8.11.2022 |
|||
Date adopted |
31.1.2023 |
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Result of final vote |
+: -: 0: |
34 5 20 |
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Members present for the final vote |
Konstantinos Arvanitis, Malik Azmani, Pietro Bartolo, Theresa Bielowski, Vladimír Bilčík, Vasile Blaga, Karolin Braunsberger-Reinhold, Patrick Breyer, Saskia Bricmont, Joachim Stanisław Brudziński, Annika Bruna, Damien Carême, Patricia Chagnon, Caterina Chinnici, Clare Daly, Lena Düpont, Lucia Ďuriš Nicholsonová, Cornelia Ernst, Nicolaus Fest, Maria Grapini, Sylvie Guillaume, Andrzej Halicki, Evin Incir, Sophia in 't Veld, Assita Kanko, Fabienne Keller, Łukasz Kohut, Moritz Körner, Alice Kuhnke, Jeroen Lenaers, Juan Fernando López Aguilar, Lukas Mandl, Erik Marquardt, Javier Moreno Sánchez, Emil Radev, Karlo Ressler, Diana Riba i Giner, Isabel Santos, Birgit Sippel, Sara Skyttedal, Tineke Strik, Ramona Strugariu, Annalisa Tardino, Yana Toom, Milan Uhrík, Tom Vandendriessche, Jadwiga Wiśniewska, Elena Yoncheva |
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Substitutes present for the final vote |
Delara Burkhardt, Beata Kempa, Alessandra Mussolini, Matjaž Nemec, Jan-Christoph Oetjen, Rob Rooken, Róża Thun und Hohenstein, Dragoş Tudorache, Loránt Vincze, Tomáš Zdechovský |
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Substitutes under Rule 209(7) present for the final vote |
David Lega |
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Date tabled |
7.2.2023 |
34 |
+ |
Renew |
Malik Azmani, Lucia Ďuriš Nicholsonová, Sophia in 't Veld, Fabienne Keller, Moritz Körner, Jan-Christoph Oetjen, Ramona Strugariu, Róża Thun und Hohenstein, Yana Toom, Dragoş Tudorache |
S&D |
Pietro Bartolo, Delara Burkhardt, Caterina Chinnici, Maria Grapini, Sylvie Guillaume, Evin Incir, Łukasz Kohut, Juan Fernando López Aguilar, Javier Moreno Sánchez, Theresa Muigg, Matjaž Nemec, Isabel Santos, Birgit Sippel, Elena Yoncheva |
The Left |
Konstantinos Arvanitis, Clare Daly, Cornelia Ernst |
Verts/ALE |
Patrick Breyer, Saskia Bricmont, Damien Carême, Alice Kuhnke, Erik Marquardt, Diana Riba i Giner, Tineke Strik |
5 |
- |
ECR |
Rob Rooken |
ID |
Nicolaus Fest, Tom Vandendriessche |
NI |
Milan Uhrík |
PPE |
Tomáš Zdechovský |
20 |
0 |
ECR |
Joachim Stanisław Brudziński, Assita Kanko, Beata Kempa, Jadwiga Wiśniewska |
ID |
Annika Bruna, Patricia Chagnon, Annalisa Tardino |
PPE |
Vladimír Bilčík, Vasile Blaga, Karolin Braunsberger-Reinhold, Lena Düpont, Andrzej Halicki, David Lega, Jeroen Lenaers, Lukas Mandl, Alessandra Mussolini, Emil Radev, Karlo Ressler, Sara Skyttedal, Loránt Vincze |
Key to symbols:
+ : in favour
- : against
0 : abstention