(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0835)(1),

–   having regard to Article 251(2) and Articles 62(2)(b)(ii) and 66 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0004/2005),

–   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 (A6-0194/2007),

1.  Approves the Commission proposal as amended;

2.  Approves the annexed joint statements and draws attention to the statement by the Council;

3.  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;

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

(1) Not yet published in OJ.

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No ... /2007.)

Joint statement by the European Parliament, the Council and the Commission on Article 26 relating to operational management

The European Parliament and the Council invite the Commission to present, following an impact assessment that provides a substantive analysis of alternatives from a financial, operational and organisational perspective, the necessary legislative proposals entrusting an agency with the long-term operational management of the VIS. The impact assessment could form part of the impact assessment which the Commission undertook to carry out with regard to the SIS II.

The Commission commits itself to presenting, within two years of the entry into force of this Regulation, the necessary legislative proposals to entrust an agency with the long-term operational management of the VIS. Such proposals shall include the modifications required to adapt the Regulation concerning the VIS and the exchange of data between Member States on short stay-visas.

The European Parliament and the Council commit themselves to dealing with these proposals as quickly as possible and to have them adopted in time to allow the agency to take up fully its activities before the end of a five-year period following the entry into force of this Regulation.

Joint statement by the European Parliament and the Council concerning the misuse of visas and invitations

The European Parliament and the Council underline the need to tackle the phenomenon of visa misuse in a comprehensive manner and believe that the treatment of cases of misuse which emerge or come to light after the expiry of the validity of a visa should be carefully considered in the context of the Visa Code proposal. Following an agreement on the Visa Code, they invite the Commission to propose, if necessary, appropriate amendments to the VIS Regulation.

Furthermore, the European Parliament and the Council invite the Commission to report not later than three years after the start of operations of the VIS on the situation as regards misuse by persons issuing invitations, and to present, if necessary, suitable proposals for amendments.

Statement by the Council concerning the proposal for a Directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals

The Council recognises the importance of adopting without delay a Return Directive which shall contribute to the establishment of an effective removal and repatriation policy based on common standards for persons to be returned in a humane manner and with full respect for their human rights and dignity, as required by the Hague Programme. In order to enforce this European legislation, appropriate resources must be available. The Council therefore commits itself to making progress on the proposal for a directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third country nationals and to starting as soon as possible the inter-institutional discussions with the European Parliament with a view to reaching a first reading agreement by the end of 2007.