European Parliament legislative resolution on the Commission proposal for adoption of a Council regulation on the establishment of a regime of local border traffic at the external land borders between Member States (COM(2003) 502 — C5-0442/2003 — 2003/0193(CNS))
Date: 2004-04-20
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Schengen Agreement, admission of aliens, border control, cross-border transport, external border of the EU

30.4.2004

EN

Official Journal of the European Union

C 104 E/137

Tuesday 20 April 2004

P5_TA(2004)0282

European Organisation for the Safety of Air Navigation ***

European Parliament legislative resolution on the proposal for a Council decision on the conclu-
sion by the European Community of the Protocol on the accession of the European Community to
(5747/2004 (cid:1)
the European Organisation for the Safety of Air Navigation (Eurocontrol)

COM(2003) 555 (cid:1) C5-0065/2004 (cid:1) 2003/0214(AVC))

(Assent procedure)

The European Parliament,

(cid:1) having regard to the proposal for a Council decision (COM(2003) 555) (1),

(cid:1) having regard to the Protocol on accession (5747/2004),

(cid:1) having regard to the request for assent submitted by the Council pursuant to Article 300(3), second

subparagraph, in conjunction with Article 80(2) of the EC Treaty (C5-0065/2004),

(cid:1) having regard to Rules 86 and 97(7) of its Rules of Procedure,

(cid:1) having regard to the recommendation of the Committee on Regional Policy, Transport and Tourism

(A5-0215/2004),

1.

Gives its assent to conclusion of the agreement;

Instructs its President to forward its position to the Council, the Commission and the governments

2.
and parliaments of the Member States.

(1) Not yet published in the OJ.

P5_TA(2004)0283

Local border traffic at the external land borders *

European Parliament legislative resolution on the Commission proposal for adoption of a Council
regulation on the establishment of a regime of local border traffic at the external land borders
between Member States (COM(2003) 502 (cid:1) C5-0442/2003 (cid:1) 2003/0193(CNS))

(Consultation procedure)

The European Parliament,

(cid:1) having regard to the Commission proposal (COM(2003) 502) (1),

(cid:1) having regard to Article 62 of the EC Treaty,

(cid:1) having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament

(C5-0442/2003),

(cid:1) having regard to Rule 67 of its Rules of Procedure,

(cid:1) having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home

Affairs (A5-0142/2004),

(1) Not yet published in the OJ.

C 104 E/138

Official Journal of the European Union

EN

30.4.2004

Tuesday 20 April 2004

1.

Approves the Commission proposal as amended;

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

2.
Treaty;

3.

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

Asks the Council to consult Parliament again if it intends to amend the Commission proposal sub-

4.
stantially;

5.

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

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1
Article 2, paragraph 2a (new)

2a.
This Regulation does not affect the provisions of the
final Act of the Agreement on the Accession of the Kingdom
of Spain to the Convention implementing the Schengen
Agreement of 14 June 1985 in respect of the towns of
Ceuta and Melilla.

Amendment 2
Article 3, point (h)

(h)

‘Transfrontier workers’ means third-country nationals resi-
dent in the border area of a neighbouring third country
who are employed in the border area of an adjacent
Member State and who return to the border area of the
neighbouring country each day or at least once a week.

(h)

‘Transfrontier workers’ means third-country nationals resi-
dent in the border area of a neighbouring third country
who are employed in the border area of an adjacent
Member State and who regularly return to the border
area of the neighbouring country while pursuing their
economic activities, each day or at least once every two
weeks.

Amendment 3
Article 6, introductory part

Documents authorising border residents not requiring a visa to
cross the external land border of a neighbouring Member State
for the purpose of local border traffic may be:

Documents authorising border residents not requiring a visa to
cross the external land border of a neighbouring Member State
for the purpose of local border traffic shall be:

Amendment 4
Article 6, point (a)

(a) an identity card specifying the residence in the border area.
In case this latter condition is not fulfilled, border residents
may be requested to carry a residence certificate jointly
with the travel document;

(a) an identity card specifying the residence in the border area.
In cases where this latter condition is not fulfilled, border
residents shall be requested to carry a residence certificate
jointly with the travel document;

(b) a specific border crossing permit, issued by the State of

Deleted

residence.

Amendment 5
Article 6, point (b)

30.4.2004

EN

Official Journal of the European Union

C 104 E/139

TEXT PROPOSED
BY THE COMMISSION

Tuesday 20 April 2004

AMENDMENTS
BY PARLIAMENT

Amendment 13
Article 7, paragraph 1

For the purposes of this Regulation, border residents not requi-
ring a visa may stay in the border area of a neighbouring
Member State for up to seven consecutive days. The total dur-
ation of their successive visits in that Member State shall not
exceed three months within any half-year period.

For the purposes of this Regulation, border residents not requi-
ring a visa may stay in the border area of a neighbouring
Member State for up to fourteen consecutive days. The total
duration of their successive visits in that Member State shall
not exceed three months within any half-year period.

Amendment 6
Article 7, paragraph 2a (new)

Member State authorities may withdraw documents authoris-
ing local border traffic if the holder seriously breaches
national legislation or the rules laid down in this Regulation.

Amendment 7
Article 9, paragraph 2

The territorial validity of the visa shall be limited to the border
area of the issuing Member State.

The territorial validity of the visa shall be limited to the border
area of the issuing Member State. Member States may deviate
from the 50 km territorial validity rule if this is justified and
the neighbouring state agrees.

Amendment 8
Article 9, paragraph 3

The visa shall entitle the holder to multiple crossings of the
external land border of the issuing Member State and to a stay
within the border area of that Member State for up to seven
consecutive days. The total duration of the successive visits in
that Member State shall not exceed three months within any
half- year period.

The visa shall entitle the holder to multiple crossings of the
external land border of the issuing Member State and to a stay
within the border area of that Member State for up to fourteen
consecutive days. The total duration of the successive visits in
that Member State shall not exceed three months within any
half-year period. More favourable treatment shall be given to
transfrontier workers, pupils, students and those engaged in
vocational training, non-remunerated training or voluntary
service.

Amendment 9
Article 15

The time-limits established in Article 7 and in Article 9 shall
not apply to transfrontier workers.

The time-limits established in Article 7 and in Article 9 shall
not apply to transfrontier workers, pupils, students or those
engaged in vocational training, non-remunerated training or
voluntary service.

Entry and exit stamps

Entry and exit controls

Amendment 10
Article 16, title

C 104 E/140

Official Journal of the European Union

EN

30.4.2004

Tuesday 20 April 2004

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 11
Article 16

Entry and exit stamps shall not be affixed on the travel docu-
ments of border residents crossing the external land border of a
Member State for the purpose of local border traffic.

Crossing of the border shall be controlled by electronic or
magnetic means, so as to ensure compliance with authorised
time-limits. In the absence of such measures, until they are
introduced, entry and exit stamps shall be affixed on the travel
documents of border
land
border of a Member State for the purpose of local border traf-
fic.

residents crossing the external

(c) authorise border residents to cross their border at places
other than authorised border crossing points and outside
the fixed hours.

Deleted

Amendment 12
Article 18, point (c)

P5_TA(2004)0284

Local border traffic at the temporary external land borders *

European Parliament legislative resolution on the Commission proposal for adoption of a Council
regulation on the establishment of a regime of local border traffic at the temporary external land
borders between Member States (COM(2003) 502 (cid:1) C5-0443/2003 (cid:1) 2003/0194(CNS))

(Consultation procedure)

The European Parliament,

(cid:1) having regard to the Commission proposal (COM(2003) 502) (1),

(cid:1) having regard to Article 62(2) of the EC Treaty,

(cid:1) having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament

(C5-0443/2003),

(cid:1) having regard to Rule 67 of its Rules of Procedure,

(cid:1) having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home

Affairs (A5-0141/2004),

1.

Approves the Commission proposal as amended;

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

2.
Treaty;

3.

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

Asks the Council to consult Parliament again if it intends to amend the Commission proposal sub-

4.
stantially;

5.

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

(1) Not yet published in the OJ.