REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), as regards the implementing powers conferred on the Commission

20.7.2007 - (COM(2006)0904 – C6‑0015/2007 – 2006/0279(COD)) - ***I

Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Michael Cashman

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on amending Regulation (EC) No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), as regards the implementing powers conferred on the Commission

(COM(2006)0904 – C6‑0015/2007 – 2006/0279(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0904),

–   having regard to Article 251(2) and Article 62(1) and (2)(a) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0015/2007),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6‑0289/2007),

1.  Approves the Commission proposal as amended;

2.  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;

3.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission	Amendments by Parliament
Amendment 1 RECITAL 3
(3) In accordance with the joint statement of the European Parliament, the Council and the Commission on Decision 2006/512/EC, instruments which are already in force must be adjusted in accordance with the applicable procedures. The statement comprises a list of instruments to be adapted as a priority, including Regulation (EC) No 562/2006.	(3) In accordance with the statement of the European Parliament, the Council and the Commission on Decision 2006/512/EC, for this new procedure to be applicable to instruments already in force which have been adopted pursuant to the procedure under Article 251 of the Treaty, they should be adjusted in accordance with the applicable procedures. The statement comprises a list of instruments to be adapted as a priority, including Regulation (EC) No 562/2006.
Justification
This amendment seeks to align the wording of this recital to the wording of the Joint Statement of the European Parliament, Council and Commission on the Council Decision of 17 July 2006.
Amendment 2 RECITAL 4
(4) Power should be conferred on the Commission to adapt certain practical rules governing border control and to amend certain annexes. Since these measures are of general scope and seek to amend non-essential elements of Regulation (EC) No 562/2006 and to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.	(4) The Commission should be empowered to adopt certain practical rules governing border surveillance and to amend certain annexes. Since these measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 562/2006 and to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Justification
This technical amendment seeks to align this recital with the model formulas agreed by the three institutions.
Amendment 3 RECITAL 6 A (new)
	(6a) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark should, in accordance with Article 5 of the said Protocol, decide within a period of six months after the date of adoption of this Regulation whether it will implement it in its national law.
Justification
This technical amendment seeks to align the recitals of this Regulation with those of the original Regulation (Regulation No 562/2006 - recital 22).
Amendment 4 RECITAL 6 B (new)
	(6b) As regards Iceland and Norway, this Regulation constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis1 which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC of 17 May 19992 on certain arrangements for the application of that Agreement. _____________________________ 1 OJ L 176, 10.7.1999, p. 36. 2 OJ L 176, 10.7.1999, p. 31.
Justification
This technical amendment seeks to align the recitals of this Regulation with those of the original Regulation (Regulation No 562/2006 - recital 23).
Amendment 5 RECITAL 6 C (new)
	(6c) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement signed by the European Union, the European Community and the Swiss Confederation on the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point A, of Council Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decisions 2004/849/EC1 and 2004/860/EC2. _______________________________ 1 Council Decision 2004/849/EC of 25 October 2004 on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 368, 15.12.2004, p. 26). 2 Council Decision 2004/860/EC of 25 October 2004 on the signing, on behalf of the European Community, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 370, 17.12.2004, p. 78).
Justification
This technical amendment seeks to align the recitals of this Regulation with those of the original Regulation (Regulation No 562/2006 - recital 25).
Amendment 6 RECITAL 6 D (new)
	(6d) This Regulation constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis1. The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application. ______________________________ 1 OJ L 131, 1.6.2000, p. 43.
Justification
This technical amendment seeks to align the recitals of this Regulation with those of the original Regulation (Regulation No 562/2006 - recital 27).
Amendment 7 RECITAL 6 E (new)
	(6e) This Regulation constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis1. Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application. _________________________________ 1 OJ L 64, 7.3.2002, p. 20.
Justification
This technical amendment seeks to align the recitals of this Regulation with those of the original Regulation (Regulation No 562/2006 - recital 28).
Amendment 8 ARTICLE 1, POINT 1 Article 12, paragraph 5 (Regulation 2006/562/EC)
5. The Commission hereby adopts the measures concerning additional supervisory methods. These measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 33(2).	5. Any additional rules governing surveillance designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 33(2).
Justification
This amendment aims to restore the wording of the original Regulation and to align this article with the model formulas agreed by the three institutions.
Amendment 9 ARTICLE 2, PARAGRAPH 2
This Regulation shall be binding in its entirety and directly applicable in all Member States.	This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.
Justification
This technical amendment seeks to align the wording with that of the original Regulation.

EXPLANATORY STATEMENT

On 17 July 2006, the Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (the comitology Decision) was adopted, after years of negotiations between the Council, the Commission and the European Parliament.

This Decision introduced a new comitology procedure, called 'regulatory procedure with scrutiny' (Article 5a) which will be applied for the adoption of measures of general scope designed to amend non-essential elements of an instrument adopted in accordance with the codecision procedure.

On the basis of this Decision, the Commission has listed 25 instruments already adopted, which have to be adapted to the new procedure, one of which is the Regulation No 526/2006 (the Schengen Borders Code).

The Commission proposes to amend this Regulation so as to introduce the new procedure instead of the regulatory procedure that was included in the Regulation.

The Rapporteur supports the Commission's proposal. However, he proposes some technical amendments so as to take into account the specificity of the Schengen Borders Code: since it constitutes a development of the Schengen acquis, some special provisions, notably as regards the Member States in which it applies, need to be introduced.

PROCEDURE

Title	Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (implementing powers conferred on the Commission)
References	COM(2006)0904 - C6-0015/2007 - 2006/0279(COD)
Date submitted to Parliament	22.12.2006
Committee responsible        Date announced in plenary	LIBE 17.1.2007
Rapporteur(s)        Date appointed	Michael Cashman 20.3.2007
Discussed in committee	27.6.2007		17.7.2007
Date adopted	17.7.2007
Result of final vote	+: –: 0:	31 0 1
Members present for the final vote	Alexander Alvaro, Roberta Angelilli, Philip Bradbourn, Mihael Brejc, Giuseppe Castiglione, Giusto Catania, Jean-Marie Cavada, Esther De Lange, Panayiotis Demetriou, Agustín Díaz de Mera García Consuegra, Bárbara Dührkop Dührkop, Claudio Fava, Kinga Gál, Patrick Gaubert, Jeanine Hennis-Plasschaert, Roger Knapman, Magda Kósáné Kovács, Barbara Kudrycka, Stavros Lambrinidis, Henrik Lax, Dan Mihalache, Javier Moreno Sánchez, Athanasios Pafilis, Martine Roure, Károly Ferenc Szabó, Søren Bo Søndergaard, Ioannis Varvitsiotis
Substitute(s) present for the final vote	Edit Bauer, Iratxe García Pérez, Sophia in ‘t Veld, Jean Lambert, Siiri Oviir