A4-0043/99

Proposal for a Council Regulation, based on Article 100c of the Treaty establishing the European Community, determining the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States (COM(93)0684 - C3-0012/94) and Draft Council Regulation determining the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States (11323/97 - C4-0665/97 - 97/0922(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Title

>Original text>

Proposal for a Regulation, based on Article 100c of the Treaty establishing the European Community, determining the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States

>Text following EP vote>

Proposal for a

provisional Regulation, based on Article 100c of the Treaty establishing the European Community, determining the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States

(Amendment 2)

Recital -1 (new)

>Original text>

>Text following EP vote>

Whereas the Treaty of Amsterdam, which is to enter into force soon, contains significant amendments to the Treaty establishing the European Community,

(Amendment 3)

Recital -1a (new)

>Original text>

>Text following EP vote>

Whereas the Treaty of Amsterdam removes visa, asylum, immigration and other policy areas which have to do with the free movement of persons from Title VI and places them in a new title under the Community's jurisdiction;

(Amendment 4)

Recital 1 and 1a to 1c (new)

>Original text>

Whereas Article 100c of the Treaty requires the Community to determine the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States; whereas its place in the Treaty shows that this Article forms an integral part of the provisions relating to the internal market;

>Text following EP vote>

Whereas Article 100c of the Treaty

stipulates that it is necessary to determine the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States;

>Original text>

>Text following EP vote>

Whereas Member States may not impose visa requirements on countries which have for objective reasons been excluded from the list;

>Original text>

>Text following EP vote>

Whereas no third country whose nationals do not at present require a visa for entry to a Member State should be on the negative list of those countries whose nationals are obliged to obtain visas under this Regulation;

>Original text>

>Text following EP vote>

Whereas Article 3(d) of the EC Treaty provides that the activities of the Community include measures concerning the entry and movement of persons in the internal market as provided for in Article 100c.

(Amendment 5)

Recital 1d (new)

>Original text>

>Text following EP vote>

Whereas, in drawing up the common list appearing in the annex to this regulation, account should be taken of the risks relating to security and illegal immigration;

(Amendment 6)

Recital 2

>Original text>

Whereas, according to the third paragraph of Article 3b of the Treaty, action taken by the Community shall not go beyond what is necessary to achieve the objectives of the Treaty; whereas the mutual recognition by Member States of visas issued by each other, which is necessary to give full effect to Article 100c, is an essential accompanying measure for the achievement of the objective set out in Article 7a as regards the free movement of persons;

>Text following EP vote>

Whereas

mutual recognition of visas issued on the basis of Article 100c is not explicitly provided for in Article 100c; whereas, however, arrangements which do not provide for such mutual recognition would negate almost entirely the effective substance of Article 100c;

(Amendment 7)

Recital 3a (new)

>Original text>

>Text following EP vote>

Whereas the arrangements hereby adopted are provisional given that the European Parliament and the Commission wish to see more far-reaching harmonisation of visa policy; whereas the Commission has already undertaken to submit a fresh proposal within a few months following the entry into force of the amendments agreed in the Treaty of Amsterdam; whereas, moreover, the progress achieved by the Schengen Group must also be consolidated as part of the acquis communautaire;

(Amendment 8)

Recital 4

>Original text>

Whereas the purpose of Article 100c is to harmonise the regulations and practices of the Member States in this regard; whereas divergences between the regulations and practices of Member States should be authorised for a limited period as a transitional measure, on the understanding that they may not give rise to controls contrary to Article 7a; whereas it should be stipulated that this transitional regime shall expire on 30 June 1996 and that prior to that date the Council shall decide with respect to each third country whether its nationals are to be subject to a visa requirement or are to be exempted from that requirement;

>Text following EP vote>

Whereas the purpose of Article 100c is to harmonise the regulations and practices of the Member States in this regard; whereas divergences between the regulations and practices of Member States should be authorised for a limited period as a transitional measure, on the understanding that they may not give rise to controls contrary to Article 7a; whereas it should be stipulated that this transitional regime shall expire on 30 June

1999 and that prior to that date the Council shall decide with respect to each third country whether its nationals are to be subject to a visa requirement or are to be exempted from that requirement;

(Amendment 9)

Recital 6

>Original text>

Whereas the information provided for in Article 1(3) of this Regulation must be published before Article 1(1) and (2) and 2 become applicable; whereas it is therefore necessary to defer the application of those provisions until one month after the Regulation has come into force;

>Text following EP vote>

Whereas

all Member States must harmonise visa policy at the same time, for otherwise the free movement of persons, fair asylum policy, the harmonisation of immigration rules, action to combat illegal immigration and effective checks at the external borders will be jeopardised;

(Amendment 10)

Recital 6a (new)

>Original text>

>Text following EP vote>

Whereas it must be specified in this Regulation what 'visa' means within the meaning of Article 100c;

(Amendment 11)

Recital 6b (new)

>Original text>

>Text following EP vote>

Whereas arrangements have not yet been adopted for certain categories of visa; whereas, however, the more far-reaching provisions of the Treaty of Amsterdam along with an effective policy mean there will be an urgent need for such arrangements in the near future;

(Amendment 12)

Recital 6c (new)

>Original text>

>Text following EP vote>

Whereas a new procedure should be proposed for the establishment of implementing measures;

(Amendment 13)

Article -1 (new)

>Original text>

>Text following EP vote>

Article -1

For the purposes of this Regulation, 'visa' shall mean an authorisation granted, or a decision taken, by a Member State, being a requirement for a person entering its territory with a view to:

- staying in a Member State or various Member States for a total period not exceeding three months:

- transiting the territory of a Member State or various Member States, with the exception of transit through the international transit zone of an airport and of transfers between airports of the same Member State.

(Article 3 falls)

(Amendment 14)

Article 1(2)

>Original text>

2. Until 30 June 1996 Member States shall decide whether to require visas of nationals of third countries not listed in the Annex. Prior to that date the Council shall decide according to the procedure laid down in Article 100c either to add each of those countries to that list or to exempt its nationals from visa requirements.

>Text following EP vote>

2.

Until 30 June 1999 Member States shall decide whether to require visas of nationals of third countries not listed in the Annex. Prior to that date the Council shall decide according to the procedure laid down in Article 100c either to add each of those countries to that list or to exempt its nationals from visa requirements.

(Amendment 15)

Article 1(3a) (new)

>Original text>

>Text following EP vote>

3a. The list of third countries in the Annex shall be updated regularly on a proposal from a Member State or the Commission and after consultation of the European Parliament.

(Amendment 29)

Article 1(3b) (new)

>Original text>

>Text following EP vote>

3b. The reports drawn up by the expert commissions which visited Bulgaria and Romania, describing the situation in those countries with a view to visa requirements, shall be submitted to the European Parliament.

(Amendment 16)

Article 2

>Original text>

A Member State shall not be entitled to require a visa of a person who seeks to cross its external frontiers and who holds a visa issued by another Member State, where that visa is valid throughout the Community

>Text following EP vote>

A Member State shall not be entitled to require a visa

issued by its own authorities of a person applying to stay for a short time within its territory who holds a uniform visa or a residence permit or authorisation issued by another Member State permitting him to reside in that State and which is valid for at least a further four months at the time of entry.

(Amendment 17)

Article 2 (1a)

>Original text>

>Text following EP vote>

1a.

Stateless persons and recognised refugees resident in the States referred to in Article 1 are required to possess a valid visa before crossing the external frontiers.

(Amendments 30 and 18)

Article 2a (new)

>Original text>

>Text following EP vote>

Article 2a

>Original text>

>Text following EP vote>

1. Uniform visas shall be issued on the basis of the following common conditions and criteria:

>Original text>

>Text following EP vote>

- travel documents presented upon application for a visa must be checked to ensure that they are in order and authentic;

>Original text>

>Text following EP vote>

- the expiry date of the travel document must be at least three months later than the final date of the stay stated on the visa, account being taken of the time within which the visa must be used;

>Original text>

>Text following EP vote>

- the travel document must be recognised by all Member States;

>Original text>

>Text following EP vote>

- the travel document must be valid in all Member States;

>Original text>

>Text following EP vote>

- the travel document must allow for the return of the traveller to his country of origin or his entry into a third country;

>Original text>

>Text following EP vote>

- the documents to be furnished in addition to identity documents, for the issue of a visa, shall be established in advance;

>Original text>

>Text following EP vote>

- a visa application must be rejected or the visa must be issued to the applicant within a period of three months;

>Original text>

>Text following EP vote>

- the existence and validity of an authorisation for the traveller to return to the country of departure or of a re-entry visa must be checked if such formalities are required by the authorities of that country; the same shall apply to any authorisation for entry to a third country;

>Original text>

>Text following EP vote>

Member States are to publish such information so that it is available at least on request.

>Original text>

>Text following EP vote>

2. In addition to the above criteria, Member States shall assess whether a visa must be refused owing to a risk of illegal immigration or in order to maintain law and order and safeguard internal security.

(Amendment 20)

Article 2b (new)

>Original text>

>Text following EP vote>

Article 2b

There shall be a right of appeal to the competent authorities of the Member State concerned against a refusal to grant a uniform visa.

(Amendment 21)

Article 2c (new)

>Original text>

>Text following EP vote>

Article 2c

The uniform visa shall be issued by the diplomatic and consular authorities of the Member States.

(Amendment 22)

Article 2d (new)

>Original text>

>Text following EP vote>

Article 2d

In the first half of 1999, the Commission shall draw up a report on the progress made in harmonising Member States' visa policies with regard to third countries not included in the Community list, accompanied by conclusions as to the measures still needed in order to achieve the harmonisation envisaged in Article 100c.

(Amendment 23)

Article 3a (new)

>Original text>

>Text following EP vote>

Article 3a

1. Without prejudice to the provisions of Article 1 the Commission shall propose the necessary implementing provisions.

2. After the Commission has submitted its proposal, this proposal shall be forwarded to the Council and the European Parliament. If no objection is raised by the Council or European Parliament within three months, the proposal shall be deemed to be accepted.

3. If an objection is raised and if, within three months, no acceptable solution is found in consultations between the three institutions, the Commission shall submit within three months a proposal to amend or supplement this regulation.

(Amendment 24)

Article 3b (new)

>Original text>

>Text following EP vote>

Article 3b

This Regulation shall be replaced within one year following the entry into force of the Treaty of Amsterdam. For this purpose the Commission shall submit a proposal within one month following the entry into force of that Treaty.

(Amendment 25)

Article 4, 2nd paragraph

>Original text>

However, Articles 1(1) and (2) and 2 shall become applicable one month thereafter.

>Text following EP vote>

However,

Article 1(1) and (2), Article 2, Article 2a, Article 2b and Article 2c shall become applicable one month thereafter.

(Amendment 26)

ANNEX

>Original text>

>Text following EP vote>

The list to be amended so that it conforms to the principles laid down in Recital 1b

(Amendment 27)

ANNEX

>Original text>

>Text following EP vote>

Bulgaria and Romania to be deleted.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation, based on Article 100c of the Treaty establishing the European Community, determining the third countries whose nationals must be in possession of a visa when crossing the external borders of the Member States (COM(93)0684 - C3-0012/94) and on the draft Council Regulation determining the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States (11323/97 - C4-0665/97 - 97/0922(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(93)0684 - C3-0012/94 ((OJ C 11, 15.1.1994, p. 15.)),

- having regard to the judgment of the European Court of Justice of 10 June 1997 in Case C-392/95,

- having regard to the confirmation of the Commission proposal of 20 November 1997,

- having regard to the Council draft (11323/97 - C4-0665/97 - 97/0922(CNS)),

- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinions of the Committee on Legal Affairs and Citizens' Rights and the Committee on Foreign Affairs, Security and Defence Policy (A4-0043/99),

- whereas the Commission proposal was confirmed in circumstances unacceptable to Parliament and whereas it is necessary for agreements to be concluded between the institutions concerning the implementation of judgments of the Court of Justice in cases such as these,

1. Calls on the Council and the Commission to open negotiations with Parliament as soon as possible on binding agreements concerning the procedures to be followed after the Court of Justice has annulled Regulations and Directives;

2. Approves the Commission proposal, subject to Parliament's amendments;

3. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

4. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

6. Instructs its President to forward this opinion to the Council and Commission.