(Ordinary legislative procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0091),

–   having regard to Article 251(2) and Article 62(2)(a) and (3) of the EC Treaty, pursuant to which the Commission submitted that proposal to Parliament (C6-0076/2009),

–   having regard to the Commission proposal to the Council (COM(2009)0090),

–   having regard to Article 67 and Article 63, first paragraph, point (3)(a) of the EC Treaty pursuant to which the Council consulted Parliament in relation to that proposal (C6-0107/2009),

–   having regard to the Communication from the Commission to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing inter-institutional decision-making procedures’ (COM(2009)0665),

–   having regard to Article 294(3), Article 77(2)(b) and (c) and Article 79(2)(a) of the Treaty on the Functioning of the EU,

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to the undertaking given by the Council representative by letter of 24 February 2010 to approve the European Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the EU,

–   having regard to Rules 55 and 37 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Legal Affairs (A7-0015/2010),

1.  Adopts its position at first reading hereinafter set out;

2.  Considers procedure 2009/0025(COD) to have lapsed as a result of the incorporation into procedure 2009/0028(COD) of the contents of the Commission proposal (COM(2009)0090) and of the draft reports in relation thereto;

3.  Approves the joint declaration by Parliament and the Council annexed to this resolution;

4.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

5.  Instructs its President to forward its position to the Council, to the Commission and to the national parliaments.

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 265/2010.)

DECLARATION OF THE EUROPEAN PARLIAMENT AND THE COUNCIL

The Council and the European Parliament recognise the importance of the existence of a comprehensive and coherent set of rules, at the level of the European Union, providing for a high level of protection of personal data in the framework of the second generation Schengen Information System (SIS II).

If there would be further, important delays in implementing the SIS II, that will go beyond 2012, the European Parliament and the Council invite the Commission to present the necessary legislative proposals amending the relevant provisions of the Convention Implementing the Schengen Agreement in order to ensure a level of protection of the personal data entered into the Schengen Information System equivalent to the standards established for SIS II.