A4-0408/98

Draft Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning a uniform format for forms for affixing visas issued by the Member States to holders of travel documents which are not recognised by the Member State drawing up the form or to persons holding no travel documents (10224/98 - C4-0525/98 - 98/0914(CNS))

The draft proposal was approved with the following amendments:

(Amendment 1)

Title

>Original text>

Draft Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning a uniform format for forms for affixing visas issued by the Member States to holders of travel documents which are not recognised by the Member State drawing up the form or to persons holding no travel documents.

>Text following EP vote>

Draft

Directive adopted by the Council on the basis of Article 100c of the Treaty establishing the European Community concerning a uniform format for forms for affixing visas issued by the Member States to holders of travel documents which are not recognised by the Member State drawing up the form or to persons holding no travel documents.

(Replace 'Joint Action¨ with 'Directive¨ throughout the text)

(Amendment 2)

Citation

>Original text>

Having regard to the Treaty on European Union, and in particular Article K.3(2)(b) thereof,

>Text following EP vote>

Having regard to the Treaty

establishing the European Community, and in particular Article 100c(3) thereof,

(Amendment 3)

Recital 1

>Original text>

Whereas Article K.1(3) of the Treaty provides that immigration policy and policy regarding nationals of third countries constitute matters of common interest;

>Text following EP vote>

Whereas Article

100c(3) of the Treaty provides that the Council shall, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, adopt measures relating to a uniform format for visas;

(Amendment 4)

Recital 1a (new)

>Original text>

>Text following EP vote>

Whereas the uniform format for forms for affixing visas issued by the Member States to holders of travel documents which are not recognised by the Member State drawing up the form or to persons holding no travel documents constitutes one of the requirements of a uniform format for visas provided for by the Treaty;

(Amendment 5)

Recital 2

>Original text>

Whereas it is advisable to harmonise the format of forms for affixing visas issued by the Member States to persons holding travel documents which are not recognised by the Member States drawing up the form or holding no travel documents;

>Text following EP vote>

Whereas it is advisable to harmonise the

uniform format of forms for affixing visas issued by the Member States to persons holding travel documents which are not recognised by the Member States drawing up the form or holding no travel documents;

(Amendment 6)

Recital 4

>Original text>

Whereas this Joint Action lays down only such specifications as are not secret; whereas these specifications need to be supplemented by further specifications which are to remain secret in order to prevent counterfeiting and falsification and which may not include personal data or references to such data; whereas it is for the Council to lay down these supplementary specifications;

>Text following EP vote>

Whereas this

Directive lays down only such specifications as are not secret; whereas these specifications need to be supplemented by further specifications which are to remain secret in order to prevent counterfeiting and falsification and which may not include personal data or references to such data; whereas it is for the Commission to lay down these supplementary specifications;

(Amendment 7)

Article 1(3)

>Original text>

3. In addition, in exceptional circumstances, the form set out in Annex B is for affixing a visa issued by the authorities of a Member State to a person holding no travel document.

>Text following EP vote>

3. In addition, the form set out in Annex B is for affixing a visa issued by the authorities of a Member State to a person holding no travel document.

(Amendment 8)

Article 2(1)

>Original text>

1. The technical specifications for incorporating the information set out in the Annexes to this Joint Action on the two uniform formats for affixing visas as mentioned in Article 1 shall be laid down by the Council without delay.

>Text following EP vote>

1.

The technical specifications for incorporating the information set out in the Annexes to this Directive on the two uniform formats for affixing visas as mentioned in Article 1 shall be laid down by the Commission without delay.

>Original text>

Further technical specifications which render the formats difficult to counterfeit or falsify shall also be laid down by the Council without delay. These specifications shall be secret and shall not be published. They shall be made available only to the bodies designated by the Member States as responsible for printing and to persons duly authorised by a Member State.

>Text following EP vote>

Further technical specifications which render the formats difficult to counterfeit or falsify shall also be laid down by the

Commission without delay. These specifications shall be secret and shall not be published. They shall be made available only to the bodies designated by the Member States as responsible for printing and to persons duly authorised by a Member State.

(Amendment 9)

Article 2(2)

>Original text>

2. Each Member State shall designate a single body having responsibility for printing the uniform formats. It shall communicate the name of that body to the Council. The same body may be designated by two or more Member States for this purpose. Each Member State shall be free to change its designated body. It shall inform the Council accordingly.

>Text following EP vote>

2. Each Member State shall designate a single body having responsibility for printing the uniform formats. It shall communicate the name of that body to the

Commission. The same body may be designated by two or more Member States for this purpose. Each Member State shall be free to change its designated body. It shall inform the Commission accordingly.

(Amendment 10)

Article 2(3)

>Original text>

3. Each Member State shall inform the Council of the competent authority or authorities for issuing the uniform documents.

>Text following EP vote>

3. Each Member State shall inform the

Commission of the competent authority or authorities for issuing the uniform documents.

(Amendment 12)

Article 2(3a) (new)

>Original text>

>Text following EP vote>

3a. Information relating to any known counterfeited or falsified visa formats shall immediately be exchanged between the appropriate national authorities. Counterfeiting or falsifying such formats shall be punishable according to national laws.

(Amendment 11)

Article 5, 2nd paragraph

>Original text>

The Member States shall apply Article 1 no later than X years after the adoption of the measures referred to in Article 2(1).

>Text following EP vote>

The Member States shall apply Article 1 no later than

one year after entry into force.

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 concerning a uniform format for forms for affixing visas issued by the Member States to holders of travel documents which are not recognised by the Member State drawing up the form or to persons holding no travel documents (10224/98 - C4-0525/98 - 98/0914(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Council draft (10224/98 - 98/0914(CNS),

- having been consulted by the Council pursuant to Article K.6, second paragraph, of the Treaty on European Union (C4-0525/98),

- whereas the legal basis proposed by the Council is inappropriate; whereas reference should be made instead to Article 100c(3) of the EC Treaty,

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

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

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

2. Calls on the Commission to submit an amended proposal;

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

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