# EUR-Lex - 52005AP0148 - EN

Important legal notice

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# 52005AP0148

**European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 539/2001 as regards the reciprocity mechanism (COM(2004)0437 - C6-0097/2004 - 2004/0141(CNS)) **

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Official Journal 045 E , 23/02/2006 P. 0099 - 0103 *

P6_TA(2005)0148

Reciprocity mechanism *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 539/2001 as regards the reciprocity mechanism (COM(2004)0437 — C6-0097/2004 — 2004/0141(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2004)0437) [1],

- having regard to Article 62(2)(b)(i) of the EC Treaty,

- having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0097/2004),

- 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 and the opinion of the Committee on Foreign Affairs (A6-0065/2005),

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

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

4. Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

5. Calls on the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |

Amendment 1

RECITAL 2

(2) Given the seriousness of such situations of non-reciprocity, it is essential that they should be notified without fail by the Member State(s) concerned. To ensure that the third country in question again applies visa-free travel to nationals of the Member States concerned, a mechanism should be provided which, will combine measures at variable levels and intensities that can be rapidly carried out. Thus the Commission should take steps with the third country without delay, report to the Council and be able at any moment to propose that the Council adopt a provisional decision restoring the visa requirement for nationals of the third country in question. Resorting to such a provisional decision should not make it impossible to transfer the third country in question to Annex I of Regulation (EC) No 539/2001. A temporal link should also be provided between the entry into force of the provisional measure and any proposal to transfer the country to Annex I. | (2) Given the seriousness of such situations of non-reciprocity, it is essential that they should be notified without fail by the Member State(s) concerned. To ensure that the third country in question again applies visa-free travel to nationals of the Member States concerned, a mechanism should be provided which, will combine measures at variable levels and intensities that can be rapidly carried out. Thus the Commission should take steps with the third country without delay, report to the European Parliament and the Council and be able at any moment to propose that the Council adopt a provisional decision restoring the visa requirement for nationals of the third country in question. Resorting to such a provisional decision should not make it impossible to transfer the third country in question to Annex I of Regulation (EC) No 539/2001. A temporal link should also be provided between the entry into force of the provisional measure and any proposal to transfer the country to Annex I. To ensure transparency and democratic control, the European Parliament should be kept informed of the mechanism at all stages and should be able to give an opinion on a provisional measure. |

Amendment 2

RECITAL 3a (new)

| (3a) The concept of reciprocity should also be applied to conditions and procedures introduced by a third country the effect of which is substantially to limit travel by nationals of a Member State. |

Amendment 3

RECITAL 5

(5) Transitional arrangements should be provided for where, when this Regulation comes into force, Member States are subject to a visa requirement by third countries listed in Annex II to Regulation (EC) No 539/2001. As regards Iceland and Norway, this Regulation constitutes a development of the 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 "acquis", which falls within the area referred to in Article 1(A) of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement. | (5) Transitional arrangements should be provided for where, when this Regulation comes into force, Member States are subject to a visa requirement by third countries listed in Annex II to Regulation (EC) No 539/2001. To reinforce solidarity between Member States in such cases, reciprocity should be the guiding principle for the Commission in its efforts to establish visa-free travel. As regards Iceland and Norway, this Regulation constitutes a development of the 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 "acquis", which falls within the area referred to in Article 1(A) of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement. |

Amendment 4

ARTICLE 1Article 1, paragraph 4, point (a) (Regulation (EC) No 539/2001)

(a)within ten days of such introduction, or its announcement, the Member State concerned shall notify the Council and the Commission in writing; the notification shall be published in the C series of the Official Journal of the European Union; | (a)within 90 days of such introduction, or its announcement, the Member State concerned shall notify the Commission in writing; the notification shall be published in the C series of the Official Journal of the European Union; |

Amendment 5

ARTICLE 1Article 1, paragraph 4, point (b) (Regulation (EC) No 539/2001)

(b)the Commission shall immediately take steps with the authorities of the third country in order to restore visa-free travel and, at the latest within six months of publication of the notification, shall report on those procedures to the Council; | (b)the Commission shall immediately take steps with the authorities of the third country in order to restore visa-free travel and, at the latest within six months of publication of the notification, shall report on those procedures to the European Parliament and the Council; |

Amendment 6

ARTICLE 1Article 1, paragraph 4, point (c) (Regulation (EC) No 539/2001)

(c)depending on the conclusions in its report, the Commission may present to the Council a proposal for a provisional measure on the temporary restoration of the visa requirement for nationals of the third country in question. The Council shall act on such proposal by a qualified majority within three months; | (c)depending on the conclusions in its report, the Commission may present to the Council, at the latest within two months after the date of submission of the report referred to in point (b), a proposal for a provisional measure on the temporary restoration of the visa requirement for nationals of the third country in question, which the Council shall transmit to the European Parliament. The Council shall act on such proposal by a qualified majority within three months; |

Amendment 7

ARTICLE 1Article 1, paragraph 4, point (ca) (new) (Regulation (EC) No 539/2001)

| (ca)if the European Parliament indicates, in a Resolution setting out the grounds on which it is based, that it disagrees with a proposal for a provisional measure on the temporary restoration of the visa requirement for nationals of the third country in question, the Commission shall re-examine that proposal. Taking the Resolution into account and within one month after the adoption thereof, the Commission may submit a new proposal or continue the procedure. It shall give the reasons for its action; |

Amendment 8

ARTICLE 1Article 1, paragraph 4, point (cb) (new) (Regulation (EC) No 539/2001)

| (cb)should the Commission not present a proposal for a provisional measure on the temporary restoration of the visa requirement for nationals of the third country in question, it shall make a further attempt to restore visa-free travel within six months after the date of submission of the report referred to in point (b), and shall report on those procedures to the European Parliament and the Council. Within two months of that report, the Commission shall, if the third country has not abolished the visa requirement, submit to the Council a proposal for a provisional measure on the temporary restoration of the visa requirement for nationals of the third country in question or a proposal for another appropriate measure in the external field, which Council shall transmit to the European Parliament. The Council shall act on such proposal by a qualified majority within three months. The procedure referred to in point (ca) shall apply; |

Amendment 9

ARTICLE 1, POINT 1A (new)Article 7a (new) (Regulation (EC) No 539/2001)

| (1a)The following Article 7a shall be inserted:Article 7a1. Where a third country introduces conditions or procedures the effect of which is substantially to limit the movement of nationals of a Member State, the following provisions shall apply:(a)within 90 days of such introduction, or its announcement, the Member State concerned shall notify the Commission in writing; the notification shall be published in the C series of the Official Journal of the European Union,(b)the Commission shall immediately take steps with the authorities of the third country in order to secure the non-application of those conditions or procedures and, at the latest within six months of publication of the notification, shall report on those procedures to the European Parliament and the Council,(c)depending on the conclusions in its report, the Commission may present to the Council, at the latest within two months after the date of submission of the report referred to in point (b), a proposal for a provisional measure introducing comparable conditions or procedures in respect of nationals of the third country in question travelling to the European Union, which Council shall transmit to the European Parliament. The Council shall act on such proposal by a qualified majority within three months,(d)if the European Parliament indicates, in a Resolution setting out the grounds on which it is based, that it disagrees with a proposal for a provisional measure introducing comparable conditions or procedures in respect of nationals of the third country in question travelling to the European Union, the Commission shall re-examine that proposal. Taking the Resolution into account and within one month after the adoption thereof, the Commission may submit a new proposal or continue the procedure. It shall give the reasons for its action,(e)should the Commission not present a proposal for a provisional measure introducing comparable conditions or procedures in respect of nationals of the third country in question travelling to the European Union, it shall make a further attempt to secure the non-application of those conditions or procedures within six months after the date of submission of the report referred to in point (b) and shall report on those procedures to the European Parliament and the Council. Within two months of that report, the Commission shall, if the third country continues to apply those conditions or procedures, submit to the Council a proposal for an appropriate measure based on the principle of reciprocity, which Council shall transmit to the European Parliament. The Council shall act on such proposal by a qualified majority within three months. The procedure referred to in point (d) shall apply,(f)if it considers it necessary, the Commission may present the proposal as referred to in points (c) and (e) without a prior report. The procedure referred to in points (c) and (d) shall apply to that proposal,(g)where the third country withdraws the conditions or procedures the effect of which is substantially to limit the movement of nationals of a Member State, the Member State concerned shall notify the Commission thereof. The notification shall be published in the C series of the Official Journal of the European Union. Any provisional measure decided under point (c) and any appropriate measure decided under point (e) shall terminate automatically on the date of entry into force of the withdrawal of the conditions or procedures the effect of which is substantially to limit the movement of nationals of a Member State. |

[1] Not yet published in OJ.

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