REPORT on the draft Council decision on the putting into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania

28.5.2018 - (15820/1/2017 – C8‑0017/2018 – 2018/0802(CNS)) - *

Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Monica Macovei

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the draft Council decision on the putting into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania

(15820/1/2017 – C8‑0017/2018 – 2018/0802(CNS))

(Consultation)

The European Parliament,

–  having regard to the Council draft (15820/1/2017),

–  having regard to Article 4(2) of the Act of Accession of the Republic of Bulgaria and Romania, pursuant to which the Council consulted Parliament (C8‑0017/2018),

–  having regard to Rule 78c of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0192/2018),

1.  Approves the Council draft;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

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

EXPLANATORY STATEMENT

A. Background

1. According to the first subparagraph of Article 4(2) of the Act of Accession of the Republic of Bulgaria and Romania, the provisions of the Schengen acquis, other than those listed in Annex II to that Act, to which the Republic of Bulgaria (‘Bulgaria’) and Romania shall adhere upon accession, are to apply in Bulgaria and Romania pursuant to a Council decision to that effect, after verification that the necessary conditions for the application of all parts of the Schengen acquis have been met.

2. On 9 June 2011, the Council concluded, in accordance with the applicable Schengen evaluation procedures, that the conditions in all the areas of the Schengen acquis relating to air borders, land borders, police cooperation, data protection, the SIS, sea borders and visas had been fulfilled by Bulgaria and Romania.

3. However, despite repeated calls from the European Parliament for these countries to join the Schengen area, the Council has yet to take the final decision, which is dependent of a unanimous vote by all Schengen Member States.

4. The provisions of the Schengen acquis relating to the Schengen Information System (‘SIS’) started to apply to Bulgaria and Romania from 15 October 2010[1], with the exception of the obligation to refuse entry into or stay on its territory to third country nationals for whom an alert has been issued by another Member State and the obligation to refrain from issuing SIS alerts and entering additional information on third country nationals for the purposes of refusing entry or stay (the ‘remaining restrictions’).

5. The present draft Council Decision aims to lift the remaining restrictions concerning the use of SIS by Bulgaria and Romania. The checks performed by Bulgaria and Romania at their external borders and in their territory should become more effective by issuing SIS alerts for the purposes of refusing entry or stay and by executing such alerts introduced by other Member States, in particular if such alerts are based on a threat to public policy or public security or national security.

B. Position of the rapporteur

The rapporteur recalls that in June 2011 the European Parliament gave its approval for Bulgaria and Romania to join the Schengen area, stating in a legislative resolution that Bulgaria and Romania where ready to join the Schengen border check-free area.

Since 2011, the European Parliament has made reiterated calls for the enlargement of the Schengen area to these two countries and has counted with the support of the European Commission, requesting the Council to take the final decision allowing for the lifting of checks at internal borders for Bulgaria and Romania.

In October 2017, the Council adopted Decision (EU) 2017/1908[2] putting into effect certain provisions of the Schengen acquis relating to the Visa Information System (‘VIS’) in Bulgaria and Romania. This would allow Bulgaria and Romania to access the VIS data for consultation purposes, thereby increasing the level of security in the Schengen area and facilitating tethe fight against serious crime and terrorism. The European Parliament endorsed the draft Council’s Decision.

Bulgaria and Romania play a key role in surveillance - related operations in the Black Sea, as well as on the Danube River, both strategic corridors open to naval international traffic and subject to border vulnerabilities.

Bulgaria and Romania share borders with Turkey, Moldova, Ukraine, Serbia and the former Yugoslav Republic of Macedonia, securing significant buffer zones for entry into the Schengen area.

Romania has been, for many years in a row, a main contributor to the logistical operations of the European Boarder and Coast Guard Agency.

In view of all above-mentioned elements, the current Council Decision aiming at lifting the remaining restrictions concerning the use of SIS by Bulgaria and Romania is a welcomed development for the participation of these two countries in the Schengen acquis. It will increase the level of security in the Schengen area and make the fight against serious crime and terrorism more effective.

By eliminating all restrictions to the use of SIS, Romania and Bulgaria would be able to ensure the same level of protection of the Union external borders as other Schengen member states.

The rapporteur recommends that Parliament endorse the draft Council’s text without amendments to encourage the Member States to proceed speedily with the adoption of the Decision.

• [1]  Decision 2010/365/EU of 29 January 2010 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (OJ L 166, 1.7.2010, p.17)
• [2]  Council Decision (EU) 2017/1908 of 12 October 2017 on the putting into effect of certain provisions of the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania (OJ L 269, 19.10.2017, p. 39).

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Implementation of the remaining provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania
References	15820/2017 – C8-0017/2018 – 2018/0802(CNS)
Date of consulting Parliament	18.1.2018
Committee responsible        Date announced in plenary	LIBE 5.2.2018
Rapporteurs        Date appointed	Monica Macovei 26.2.2018
Discussed in committee	12.4.2018	24.5.2018
Date adopted	24.5.2018
Result of final vote	+: –: 0:	34 1 2
Members present for the final vote	Asim Ademov, Caterina Chinnici, Daniel Dalton, Frank Engel, Cornelia Ernst, Kinga Gál, Ana Gomes, Nathalie Griesbeck, Sylvie Guillaume, Monika Hohlmeier, Brice Hortefeux, Filiz Hyusmenova, Eva Joly, Barbara Kudrycka, Cécile Kashetu Kyenge, Juan Fernando López Aguilar, Monica Macovei, Claude Moraes, Péter Niedermüller, Birgit Sippel, Sergei Stanishev, Helga Stevens, Traian Ungureanu, Marie-Christine Vergiat, Cecilia Wikström, Kristina Winberg, Tomáš Zdechovský, Auke Zijlstra
Substitutes present for the final vote	Gérard Deprez, Maria Grapini, Anna Hedh, Jean Lambert, Andrejs Mamikins, Angelika Mlinar
Substitutes under Rule 200(2) present for the final vote	Andrea Bocskor, Maria Gabriela Zoană, Tadeusz Zwiefka
Date tabled	29.5.2018

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

34	+
ALDE	Gérard Deprez, Nathalie Griesbeck, Filiz Hyusmenova, Angelika Mlinar, Cecilia Wikström
ECR	Daniel Dalton, Monica Macovei, Helga Stevens
EFDD	Kristina Winberg
PPE	Asim Ademov, Andrea Bocskor, Frank Engel, Kinga Gál, Monika Hohlmeier, Brice Hortefeux, Barbara Kudrycka, Traian Ungureanu, Tomáš Zdechovský, Tadeusz Zwiefka
S&D	Caterina Chinnici, Ana Gomes, Maria Grapini, Sylvie Guillaume, Anna Hedh, Cécile Kashetu Kyenge, Juan Fernando López Aguilar, Andrejs Mamikins, Claude Moraes, Péter Niedermüller, Birgit Sippel, Sergei Stanishev, Maria Gabriela Zoană
VERTS/ALE	Eva Joly, Jean Lambert

1	-
ENF	Auke Zijlstra

2	0
GUE/NGL	Cornelia Ernst, Marie-Christine Vergiat

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention