<EntPE>EUROPEAN PARLIAMENT</EntPE>

Session document 

<NoDocSe>A6-0208/2008</NoDocSe>

<Date>{02/06/2008}2.6.2008</Date>

<RefProcLect>***I</RefProcLect>

<TitreType>REPORT</TitreType>

<Titre>on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 562/2006 as regards the use of the Visa Information System (VIS) under the Schengen Borders Code</Titre>

<DocRef>(COM(2008)0101 – C6‑0086/2008 – 2008/0041(COD))</DocRef>

<Commission>{LIBE}Committee on Civil Liberties, Justice and Home Affairs</Commission>

Rapporteur: <Depute>Mihael Brejc</Depute>

 

 

 

 

 

 

 

 

 

 

 

CONTENTS 

Page 

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

EXPLANATORY STATEMENT

PROCEDURE

 

 

 

 

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION 

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 562/2006 as regards the use of the Visa Information System (VIS) under the Schengen Borders Code 

(COM(2008)0101 – C6‑0086/2008 – 2008/0041(COD)) 

(Codecision procedure: first reading) 

The European Parliament,

–        having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0101),

–        having regard to Articles 251(2) and 62(2)(a) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0086/2008),

–        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 (A6‑0208/2008),

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 the Commission.

<RepeatBlock-Amend><Amend>Amendment                <NumAm>1</NumAm>

<DocAmend>Proposal for a regulation – amending act</DocAmend>

<Article>Article 1 – point 1</Article>

<DocAmend2>Regulation (EC) No 562/2006</DocAmend2>

<Article2>Article 7  paragraph 3 – point a a – subparagraph 1 a (new)</Article2>

 

</Amend>

</RepeatBlock-Amend>

EXPLANATORY STATEMENT 

 

The European Parliament is involved in the codecision procedure to amend Regulation (EC) No 562/2006 as regards the use of the Visa Information System (VIS) under the Schengen Borders Code. The amendments proposed by the Commission to the Schengen Borders Code concerning the use of the Visa Information System (VIS) envisage that thorough border checks on third-country nationals holding a visa will also include consulting the VIS in accordance with the provisions of the VIS Regulation (checking the visa number and taking finger prints from all third-country nationals every time they cross the border). The aim of the proposal is to complement the VIS Regulation by establishing common rules to this effect through the amendment of the Schengen Borders Code to ensure that the VIS will be used in an efficient and harmonised way at the external borders. 

 

The VIS Regulation defines the purpose and functionalities of and the responsibilities for the VIS, while the amendment to the Common Consular Instructions will create the legal basis for Member States to take mandatory biometric identifiers from visa applicants. In accordance with the VIS Regulation, border guards have access to search the VIS for the purpose of verification by using the number of the visa sticker in combination with the fingerprints of the visa holder. For a maximum period of three years after the start of operations, the search may be carried out using only the number of the visa sticker. The period of three years may be reduced in the case of air borders. 

 

Systematic checks by consulting the VIS for third-country nationals holding a visa every time they crossed the external border will increase waiting times at border crossings, particularly in the tourist season and at the beginning and end of public holidays. Given that in recent years Europe has become a highly attractive tourist destination even for third-country nationals who need a visa to enter the EU, any consequences of introducing the VIS at the external borders will need to be appropriately mitigated. The rapporteur therefore proposes that the border guard in command can decide to consult the VIS on a non-systematic basis. This arrangement will be helpful for EU citizens and third-country nationals not requiring a visa to enter the European Union because it will reduce queues at border crossings. 

 

The border guards will still check whether third-country nationals meet all the conditions for entering the EU (laid down in Article 5 of the Schengen Borders Code) and will consult the VIS on the basis of their own experience and information, thereby adequately helping to ensure a high level of security in the EU. 

PROCEDURE