Initiative of the French Republic with a view to adopting a Council Regulation on freedom of movement with a long-stay visa (9667/2000 - C5-0374/2000
- 2000/0810(CNS)
)
Having regard to the Treaty establishing the European Community, and in particular Articles 62(2)(b)(ii) and 63(3)(a)
thereof,
Having regard to the Treaty establishing the European Community, and in particular Article 62(3)
thereof,
(Amendment 2)
Recital 2a (new)
(2a) Steps should be taken to ensure that third-country nationals who are holders of national long-stay visas issued by a Member State, pending the issue of their residence permits, are not penalised in terms of their freedom of movement as a consequence of the unjustifiably cumbersome nature of the administrative procedures in force in the Member States as regards the issuing of residence permits.
(Amendment 3)
Recital 3
(3)
Steps should be taken to facilitate the free movement of holders of national long-stay visas pending the issue of their residence permits, by stipulating that such visas, which currently enable their holders to transit only once through the territories of the other Member States in order to reach the territory of the State which issued the visa, are concurrently valid as uniform short-stay visas
, provided that the applicants fulfil the conditions of entry and residence laid down in
the Convention implementing the Schengen Agreement of 14 June 1990.
(3)
Steps
should therefore
be taken to facilitate the free movement of holders of national long-stay visas pending the issue of their residence permits, by stipulating that such visas, which currently enable their holders to transit only once through the territories of the other Member States in order to reach the territory of the State which issued the visa, have the same validity as residence permits in terms of freedom of movement
, provided that the applicants fulfil the conditions of entry referred to in Article 5(1)(a), (c) and (e) of
the Convention implementing the Schengen Agreement of 14 June 1985 signed at Schengen on 19 June
1990 and do not appear on the national lists of alerts of the Member States concerned
.
(Amendment 4)
Recital 4
(4)
This measure is a first step in the harmonisation of the conditions for the issue of national long-stay visas
.
(4)
This measure seeks to facilitate freedom of movement for third-country nationals on the territories of the Member States for a maximum period of three months
.
(Amendment 5)
Article 1
Article 18
of the Convention implementing the Schengen Agreement shall be replaced by the following
:
In
Article 21
of the Convention implementing the Schengen Agreement the following new paragraph 2a is added:
'Article 18
Visas for stays exceeding three months shall be national visas issued by one of the Member States in accordance with its national law. For three months as from their initial date of validity such visas shall be valid concurrently as uniform short-stay visas, provided that their holders fulfil the entry conditions referred to in Article 5(1)(a), (c), (d) and (e). Otherwise, such visas shall merely enable their holders to transit through the territories of the other Member States in order to reach the territory of the Member State which issued the visa, unless the holders do not fulfil the entry conditions referred to in Article 5(1)(a), (d) and (e) or are on the national list of alerts of the Member State through whose territory they seek to transit.'
'2a. Paragraph 1 shall also apply to aliens who are holders of long-stay visas issued by a Member State pending the issue of their residence permits.'
(Amendment 6)
Article 2
Section 2.2 of Part I of the Common Consular Instructions on Visas shall be replaced by the following:
Section 2.2 of Part I of the Common Consular Instructions on Visas shall be replaced by the following:
'2.2. Long-stay visas
'2.2. Long-stay visas
Visas for visits exceeding three months shall be national visas issued by one of the Member States in accordance with its national legislation.
Visas for visits exceeding three months shall be national visas issued by one of the Member States in accordance with its national legislation.
However, such visas shall, for three months from their initial date of validity, be valid concurrently as uniform short-stay visas, provided that their holders fulfil the entry conditions referred to in Article 5(1)(a), (c), (d) and (e) of the Convention and reproduced in Part IV of these Instructions. Otherwise, such visas shall merely enable their holders to transit through the territories of the other Contracting Parties in order to reach the territory of the Member State which issued the visa, unless the holders do not fulfil the entry conditions referred to in Article 5(1)(a), (d) and (e) or are on the national list of alerts of the Member State through whose territory they seek to transit
.'
However, they shall be valid as uniform transit visas authorising their holders to reach the territory of the Member State which issued the visa, on the understanding that the period of transit may not exceed five days from the date of entry, unless the holders do not fulfil the entry conditions or are reported as persons not to be permitted entry by the Member States through whose territory they seek to transit (see Annex 4). Once they are registered on the territory of the Member State which issued the visa, persons who are holders of long-stay visas pending the issue of their residence permits shall enjoy, in terms of freedom of movement, the same rights as those guaranteed to holders of residence permits
.'
European Parliament legislative resolution on the initiative of the French Republic with a view to adopting a Council Regulation on freedom of movement with a long-stay visa (9667/2000 - C5-0374/2000
- 2000/0810(CNS)
)
(Consultation procedure)
The European Parliament,
- having regard to the initiative of the French Republic (9667/2000)(1)
,
- having regard to Articles 62(2)(b)(ii) and 63(3)(a) of the EC Treaty,
- having been consulted by the Council pursuant to Article 67 of the EC Treaty (C5-0374/2000
),
- having regard to Rule 67 of its Rules of Procedure,
- having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposed legal basis,
- having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinion of the Committee on Petitions (A5-0388/2000
),
1. Approves the initiative of the French Republic as amended;
2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;
3. Asks to be consulted again should the Council intend to make substantial modifications to the initiative of the French Republic;
4. Instructs its President to forward its position to the Council, the Commission and the Government of the French Republic.