P6_TA(2007)0465
Communication Infrastructure for the Schengen Information System environ-
ment (regulation) *
European Parliament legislative resolution of 24 October 2007 on the proposal for a Council
regulation on the installation, operation and management of a Communication Infrastructure forthe Schengen Information System (SIS) environment (COM(2007)0311 —C6-0216/2007 —
2007/0108(CNS))
(Consultation procedure)
The European Parliament ,
— having regard to the Commission proposal (COM(2007)0311),
— having regard to Article 66 of the EC Treaty,
— having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament
(C6-0216/2007),
— 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
(A6-0358/2007),
1. Approves the Commission proposal as amended;
2. Considers that the indicative financial reference amount indicated in the Commission proposal must
be compatible with the ceiling of heading 3a of the Multiannual Financial Framework (MFF) and points outthat the annual amount will be decided within the annual budgetary procedure in accordance with theprovisions of point 38 of the Interinstitutional Agreement between the European Parliament, the Council
and the Commission on budgetary discipline and sound financial management of 17 May 2006 (
1);
3. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;
4. Calls on the Council to notify Parliament if it 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 the Commission.
(1) OJ C 139, 14.6.2006, p. 1.C 263 E/414 EN 16.10.2008 Official Journal of the European Union
Wednesday 24 October 2007
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 1
Recital 7
(7) The SISNET Agreement also provides networking and
associated security services for VISION, a network supportingvisa consultation procedures between central authorities ofMember States according to Article 17(2) of the Schengen Con-vention, but it is out of the scope of this proposal since the
Council, in accordance with Regulation (EC) No 789/2001 of24 April 2001 reserving to the Council implementing powerswith regard to certain detailed provisions and practical proce-
dures for examining visa applications, is the body competent
for implementing the amendments necessary for migratingVISION to another communication infrastructure.(7) The SISNET Agreement also provides networking and
associated security services for VISION, a network supportingvisa consultation procedures between central authorities ofMember States according to Article 17(2) of the SchengenConvention. In actual fact, VISION isin principle out of the
scope of this proposal since the Council, in accordance withRegulation (EC) No 789/2001 of 24 April 2001 reserving tothe Council implementing powers with regard to certain
detailed provisions and practical procedures for examining visa
applications, is the body competent for implementing theamendments necessary for migrating VISION to another com-munication infrastructure. Notwithstanding Regulation (EC)
No 789/2001 and in order to preserve the coherence and con-sistency of SIS1+, the Commission should integrate VISIONinto the new communication network s-Testa and exerciseimplementing powers.
Amendment 9
Article 1, paragraph 5
5. The costs of installing, operating and managing the Com-
munication Infrastructure shall be borne by the general budget
of the European Union.5. The costs of installing, operating and managing the
Communication Infrastructure shall be borne by the general
budget of the European Union. Each Member State shall be
responsible for bearing the costs incurred by the nationaldatabase and the costs of its connection to the SIS or s-Testacommunication infrastructure.
Amendment 2
Article 1, paragraph 5a (new)
5a. The SIS was set up under Title IV of the Schengen
Convention. However, following the integration of the Schen-gen acquis into the Treaties and the allocation of its legalbasis, any modification will require a new legal instrumentwhich will have to be adopted in accordance withArticle 67(2), indent 2, of the EC Treaty.
Amendment 3
Article 3, paragraph 3
3. The Council shall coordinate Member States' test activities
and validate the test results and keep the Commission informed.3. The Council shall coordinate Member States' test activities
and validate the test results , keeping the Commission and the
European Parliament informed.16.10.2008 EN C 263 E/415 Official Journal of the European Union
Wednesday 24 October 2007
Amendment 10
Article 5, paragraph 1a (new)
1a. The contract referred to in paragraph 1 shall comply
with the provisions of Articles 88 to 107 of Regulation (EC,Euratom) No 1605/2002.
Amendment 4
Article 5, paragraph 2
2. The costs incurred by the bodies referred to in para-
graph 1 for the execution of the tasks referred to in paragraph 1
shall be borne by the general budget of the European Union.2. The costs incurred by the bodies referred to in para-
graph 1 for the execution of the tasks referred to in paragraph 1
shall be borne by the general budget of the European Union ,i n
accordance with Regulation (EC, Euratom) No 1605/2002 asamended by Council Regulation (EC, Euratom) No 1995/2006of 13 December 2006 .
Amendment 5
Article 5, paragraph 2a (new)
2a. The Commission shall inform the European Parliament
and the Council of the terms of the contract referred to inparagraph 1 and which national body is the contractor.
Amendment 6
Article 5a (new)
Article 5a
Security
The Commission shall adopt the necessary measures (includ-
ing the adoption of a security plan) relating to the Communi-cation Infrastructure.
Amendment 11
Article 7, paragraph 2
2. The remainder of the budget established by Council
Decision 2000/265/EC, at the date set in accordance withArticle 4(1) shall be refunded to the Member states. Theamounts to be repaid shall be calculated on the basis of thecontributions from the Member States as laid down inArticle 26 of Council Decision 2000/265/EC.2. The remainder of the budget established by Council
Decision 2000/265/EC at the date set in accordance withArticle 4(1) shall be used by the Commission to develop the
Communication Infrastructure.C 263 E/416 EN 16.10.2008 Official Journal of the European Union
Wednesday 24 October 2007
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 7
Article 9, paragraph 2
2. The application of this Regulation is subject to notifica-
tion of the Deputy Secretary-General of the Council to theCommission that no agreement or contract has been concludedfor the provision of networking and security services for theexchange of data referred to in Article 1(1) pursuant to Council
Decision 2007/149/EC and Council Decision 2000/265/EC.2. This Regulation shall be applicable as from the date of
its publication and after notification of the Deputy Secretary-
General of the Council to the Commission that no agreement orcontract has been concluded for the provision of networkingand security services for the exchange of data referred to in
Article 1(1) pursuant to Council Decision 2007/149/EC and
Council Decision 2000/265/EC.
P6_TA(2007)0466
Mutual assistance and cooperation between customs administrations *
European Parliament legislative resolution of 24 October 2007 on the recommendation for a Coun-cil decision concerning the accession of Bulgaria and Romania to the Convention of 18 December1997, drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistanceand cooperation between customs administrations (COM(2007)0216 —C6-0170/2007 —
2007/0073(CNS))
(Consultation procedure)
The European Parliament ,
— having regard to the Commission recommendation to the Council (COM(2007)0216),
— having regard to Article 3(4) of the Act of Accession of Bulgaria and Romania, pursuant to which the
Council consulted Parliament (C6-0170/2007),
— recalling the efforts of consecutive Bulgarian and Romanian governments to meet the respective bench-
marks provided for the activation of the simplified accession procedure,
— having regard to Rule 51 of its Rules of Procedure,
— having regard to the report of the Committee on the Internal Market and Consumer Protection
(A6-0352/2007),
1. Approves the Commission recommendation;
2. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;3. Asks the Council to consult Parliament again if it intends to amend the Commission recommendation
substantially;
4. Instructs its President to forward its position to the Council and the Commission and to the Govern-
ments of Bulgaria and Romania.16.10.2008 EN C 263 E/417 Official Journal of the European Union
Wednesday 24 October 2007
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT