REPORT on the proposal for a regulation of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codified text)
7.12.2015 - (COM(2015)0008 – C8‑0008/2015 – 2015/0006(COD)) - ***I
Committee on Legal Affairs
Rapporteur: Heidi Hautala
(Codification – Rule 103 of the Rules of Procedure)
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codified text)
(COM(2015)0008 – C8‑0008/2015 – 2015/0006(COD))
(Ordinary legislative procedure – codification)
The European Parliament,
– having regard to the Commission proposal to the European Parliament and the Council (COM(2015)0008),
– having regard to Article 294(2) and Article 77(2)(b) and (e) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0008/2015),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts[1],
– having regard to Rules 103 and 59 of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A8-0359/2015),
A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance;
1. Adopts its position at first reading, taking over the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;
2. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION
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CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES |
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Brussels, 18 May 2015
OPINION
FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT
THE COUNCIL
THE COMMISSION
Proposal for a regulation of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codified text)
COM(2015) 8 of 20.5.2015 – 2015/0006(COD)
Having regard to the Inter-institutional Agreement of 20 December 1994 on an accelerated working method for official codification of legislative texts, and in particular to point 4 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 9 and 26 February and on 15 April 2015 for the purpose of examining, among others, the aforementioned proposal submitted by the Commission.
At those meetings[2], an examination of the proposal for a Regulation of the European Parliament and of the Council codifying Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) resulted in the Consultative Working Party’s establishing, by common accord, as follows.
1. A recital corresponding, in an adapted form, to current recital 19 of Regulation (EC) No 562/2006 should be introduced into the preamble to the draft codified text. The wording of that recital should read as follows: 'Since the objective of Regulation (EC) No 562/2006 and its successive amendments, namely the establishment of rules applicable to the movement of persons across borders, could not be sufficiently achieved by the Member States but could rather be better achieved at Union level, the Union was able to adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, that Regulation and its successive amendments did not go beyond what was necessary in order to achieve that objective.'.
2. In recital 2, the reference made to 'Article 77(2)(b) and (e)' should be adapted so as to read as a reference to 'Article 77(2)(e)'.
3. In Article 8(3)(c), introductory wording, the words 'from points (a) and (b)' should be removed.
4. In the title of Article 27, the indication '23(1)' should be removed.
5. In Annex VI, point 2.1.2, the text consisting of the two final sentences starting with the words 'Checks on passengers […]' should be aligned with point (b)(iii), so as for that text to constitute a second subparagraph of point 2.1.2(b)(iii).
6. In Annex VI, point 3.2.3, the final sentence starting with the words 'Nevertheless, checks shall be carried out […]' should be aligned with point (e), so as for that sentence to constitute a second subparagraph of point 3.2.3(e).
In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal is a straightforward codification of existing texts, without any change in their substance.
F. DREXLER H. LEGAL L. ROMERO REQUENA
Jurisconsult Jurisconsult Director General
PROCEDURE – COMMITTEE RESPONSIBLE
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Title |
Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification) |
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References |
COM(2015)0008 – C8-0008/2015 – 2015/0006(COD) |
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Date submitted to Parliament |
20.1.2015 |
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Committee responsible Date announced in plenary |
JURI 28.1.2015 |
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Committees asked for opinions Date announced in plenary |
LIBE 28.1.2015 |
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Not delivering opinions Date of decision |
LIBE 9.2.2015 |
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Rapporteurs Date appointed |
Heidi Hautala 1.7.2015 |
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Date adopted |
3.12.2015 |
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Date tabled |
7.12.2015 |
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