Draft Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union on airport transit arrangements (10225/98 - C4-0526/98 - 98/0915(CNS))

The draft was approved with the following amendments:

(Amendment 13)

Recital 2

>Original text>

Whereas the air route, particularly when it involves applications for entry or de facto entry, in the course of airport transit, represents a significant way in with a view in particular to illegally taking up residence within the territory of the Member States; whereas improvements should be sought in controlling that route;

>Text following EP vote>

Whereas the air route, particularly when it involves applications for entry or de facto entry, in the course of airport transit,

may represent a significant way in, and facilitate such entry, for nationals of certain third countries with a view in particular to illegally taking up residence within the territory of the Member States; whereas improvements should or must be sought and carried out in controlling that route;

(Amendment 14)

Recital 4

>Original text>

Whereas the exceptions to the requirements for an airport transit visa currently applied by the Member States should be harmonised;

>Text following EP vote>

Whereas the exceptions to the requirements for an airport transit visa currently applied by the Member States should be harmonised

, as any measures against illegal immigration affect all other measures relating to the crossing of external borders and immigration, which under the Treaty of Amsterdam become matters covered by the first pillar;

(Amendment 15)

Recital 4a (new)

>Original text>

>Text following EP vote>

Whereas account must be taken of the provisions of the Geneva Convention and the European Convention for the Protection of Human Rights and Fundamental Freedoms,

(Amendment 16)

Recital 6a (new)

>Original text>

>Text following EP vote>

Whereas this Joint Action must be replaced by a Regulation within six months of the entry into force of the Treaty of Amsterdam,

(Amendment 17)

Article 2(2), 1st subparagraph

>Original text>

2. The conditions of issue of airport transit visas shall be determined by each Member State subject to adoption by the Council of criteria relating to the preliminaries for and issue of visas.

>Text following EP vote>

2. The conditions of issue of airport transit visas shall be determined

jointly by the Member States.

(Amendment 18)

Article 3, second paragraph (new)

>Original text>

>Text following EP vote>

The preceding paragraph shall not impede the airport transit of persons entitled to refugee status.

(Amendment 19)

Article 5

>Original text>

Each Member State shall determine the airport transit arrangements applicable to statutory stateless persons and refugees.

>Text following EP vote>

The Member States shall determine the airport transit arrangements applicable to statutory stateless persons and refugees.

(Amendment 20)

Article 6, introduction

>Original text>

A Member State may provide for exceptions to the requirement for an airport transit visa, in particular for:

>Text following EP vote>

The Member States may provide for exceptions to the requirement for an airport transit visa, in particular for:

(Amendment 21)

Article 9, 1st paragraph

>Original text>

Any Member State may suspend, in whole or in part, the application of the measures referred to in Article 7 of this joint action. It shall inform the Council thereof.

>Text following EP vote>

Any Member State may suspend, in whole or in part, the application of the measures referred to in Article 7 of this joint action. It shall inform

the Commission and the Council thereof. The Presidency of the Council shall then inform the European Parliament.

(Amendment 22)

Article 11, 1st paragraph a (new)

>Original text>

>Text following EP vote>

The President of the Council shall communicate the report and the proposals to the European Parliament and the Commission

Legislative resolution embodying Parliament's opinion on the draft Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union on airport transit arrangements (10225/98 - C4-0526/98 - 98/0915(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Council draft, 10225/98 - 98/0915(CNS),

- having been consulted by the Council pursuant to Article K.6, second paragraph, of the Treaty on European Union (C4-0526/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs (A4-0408/98),

1. Approves the Council draft, subject to Parliament's amendments;

2. Calls on the Council to notify Parliament and consult it again should the Council intend to depart from the text approved by Parliament;

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