European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 539/2001 as regards the reciprocity mechanism (COM(2004)0437 - C6-0097/2004 - 2004/0141(CNS))
Date: 2005-04-28
Institutions: European Parliament
Subjects: EU visa policy, Schengen Agreement, admission of aliens, external border of the EU, foreign national, rights of aliens

23.2.2006

EN

Official Journal of the European Union

C 45 E/99

TEXT PROPOSED
BY THE COMMISSION

Thursday 28 April 2005

AMENDMENTS
BY PARLIAMENT

Amendment 22
ARTICLE 1, POINT 7, POINT (B) (new)
Article 10, paragraph 1, subparagraph 4 (Regulation (EC) No 2062/94)

(b) In Article 10(1), the fourth subparagraph is deleted.

Amendment 23
ARTICLE 1, POINT 8
Article 11, paragraph 2 (Regulation (EC) No 2062/94)

8.

In Article 11, paragraph 2 is replaced by the following:

8. Article 11 is replaced by the following:

Article 11

The Director

The Director shall be appointed by the Commission
1.
from a list of candidates submitted by the Governing
Board.

2.
The Director shall be chosen on the grounds of his/
her competence. His/her independence must be beyond
doubt.

3.
The Director shall be appointed for a maximum
period of five years. His/Her term of office shall be
renewable.

The Director shall be the legal representative of the

2.
Agency.

The Director shall be the legal representative of the

4.
Agency.

He shall be responsible for:

He/She shall be responsible for:

(a)

(b)

(c)

the proper preparation and implementation of
the
decisions and programmes adopted by the Governing
Board and the Bureau,

the management and the day-to-day administration of
the Agency,

the preparation and publication of the report referred
to in Article 10(2),

(a)

(b)

(c)

the proper preparation and implementation of
the
decisions and programmes adopted by the Governing
Board and the Bureau,

the management and the day-to-day administration of
the Agency,

the preparation and publication of the report referred
to in Article 10(2),

(d)

the performance of the tasks prescribed,

(d)

the performance of the tasks prescribed,

(e)

(f)

all staff matters,

the preparation of the Governing Board meetings and
the Bureau meetings.

(e)

(f)

all staff matters,

the preparation of the Governing Board meetings and
the Bureau meetings.

P6_TA(2005)0148

Reciprocity mechanism *

European Parliament legislative resolution on the proposal for a Council regulation amending Regu-
lation (EC) No 539/2001 as regards the reciprocity mechanism (COM(2004)0437 — C6-0097/2004
— 2004/0141(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2004)0437) (1),

— having regard to Article 62(2)(b)(i) of the EC Treaty,

(1) Not yet published in OJ.

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— having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0097/2004),

— 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 and the

opinion of the Committee on Foreign Affairs (A6-0065/2005),

1.

2.

3.

Approves the Commission proposal as amended;

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

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

Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the

4.
Council intends to depart from the text approved by Parliament;

Calls on the Council to consult Parliament again if it intends to amend the Commission proposal

5.
substantially;

6.

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

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1
RECITAL 2

to nationals of

(2) Given the seriousness of such situations of non-reciprocity,
it is essential that they should be notified without fail by the
Member State(s) concerned. To ensure that the third country in
question again applies visa-free travel
the
Member States concerned, a mechanism should be provided
which, will combine measures at variable levels and intensities
that can be rapidly carried out. Thus the Commission should
take steps with the third country without delay, report to the
Council and be able at any moment to propose that the Council
adopt a provisional decision restoring the visa requirement for
nationals of the third country in question. Resorting to such a
provisional decision should not make it impossible to transfer
the third country in question to Annex I of Regulation (EC)
No 539/2001. A temporal link should also be provided between
the entry into force of the provisional measure and any pro-
posal to transfer the country to Annex I.

to nationals of

(2) Given the seriousness of such situations of non-reciprocity,
it is essential that they should be notified without fail by the
Member State(s) concerned. To ensure that the third country in
question again applies visa-free travel
the
Member States concerned, a mechanism should be provided
which, will combine measures at variable levels and intensities
that can be rapidly carried out. Thus the Commission should
take steps with the third country without delay, report to the
European Parliament and the Council and be able at any
moment to propose that the Council adopt a provisional deci-
sion restoring the visa requirement for nationals of the third
country in question. Resorting to such a provisional decision
should not make it impossible to transfer the third country in
question to Annex I of Regulation (EC) No 539/2001. A tem-
poral link should also be provided between the entry into force
of the provisional measure and any proposal to transfer the
country to Annex I. To ensure transparency and democratic
control, the European Parliament should be kept informed of
the mechanism at all stages and should be able to give an
opinion on a provisional measure.

Amendment 2
RECITAL 3a (new)

(3a) The concept of reciprocity should also be applied to con-
ditions and procedures introduced by a third country the effect
of which is substantially to limit travel by nationals of a
Member State.

23.2.2006

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Official Journal of the European Union

C 45 E/101

TEXT PROPOSED
BY THE COMMISSION

Thursday 28 April 2005

AMENDMENTS
BY PARLIAMENT

Amendment 3

RECITAL 5

(5) Transitional arrangements should be provided for where,
when this Regulation comes into force, Member States are sub-
ject to a visa requirement by third countries listed in Annex II
to Regulation (EC) No 539/2001. As regards Iceland and Nor-
way, this Regulation constitutes a development of the provisions
of the Schengen ‘acquis’, within the meaning of the Agreement
the European Union and the
concluded by the Council of
Republic of Iceland and the Kingdom of Norway concerning
the association of those two States with the implementation,
application and development of the Schengen ‘acquis’, which
falls within the area referred to in Article 1(A) of Council Deci-
sion 1999/437/EC of 17 May 1999 on certain arrangements for
the application of that Agreement.

(5) Transitional arrangements should be provided for where,
when this Regulation comes into force, Member States are sub-
ject to a visa requirement by third countries listed in Annex II
to Regulation (EC) No 539/2001. To reinforce solidarity
between Member States in such cases, reciprocity should be
the guiding principle for the Commission in its efforts to
establish visa-free travel. As regards Iceland and Norway, this
Regulation constitutes a development of the provisions of the
Schengen ‘acquis’, within the meaning of the Agreement con-
cluded by the Council of the European Union and the Republic
of Iceland and the Kingdom of Norway concerning the associ-
ation of those two States with the implementation, application
and development of the Schengen ‘acquis’, which falls within
the area referred to in Article 1(A) of Council Decision 1999/
437/EC of 17 May 1999 on certain arrangements for the appli-
cation of that Agreement.

Amendment 4

ARTICLE 1
Article 1, paragraph 4, point (a) (Regulation (EC) No 539/2001)

(a) within ten days of such introduction, or its announcement,
the Member State concerned shall notify the Council and
the Commission in writing; the notification shall be pub-
lished in the C series of the Official Journal of the Euro-
pean Union;

(a) within 90 days of such introduction, or its announcement,
the Member State concerned shall notify the Commission
in writing; the notification shall be published in the C series
of the Official Journal of the European Union;

Amendment 5

ARTICLE 1
Article 1, paragraph 4, point (b) (Regulation (EC) No 539/2001)

(b)

the Commission shall immediately take steps with the auth-
orities of the third country in order to restore visa-free
travel and, at the latest within six months of publication
of the notification, shall report on those procedures to the
Council;

(b)

the Commission shall immediately take steps with the auth-
orities of the third country in order to restore visa-free
travel and, at the latest within six months of publication
of the notification, shall report on those procedures to the
European Parliament and the Council;

Amendment 6

ARTICLE 1
Article 1, paragraph 4, point (c) (Regulation (EC) No 539/2001)

(c) depending on the conclusions in its report, the Commis-
sion may present to the Council a proposal for a pro-
visional measure on the temporary restoration of the visa
requirement for nationals of the third country in question.
The Council shall act on such proposal by a qualified
majority within three months;

(c) depending on the conclusions in its report, the Commis-
sion may present to the Council, at the latest within two
months after the date of submission of the report referred
to in point (b), a proposal for a provisional measure on the
temporary restoration of the visa requirement for nationals
of the third country in question, which the Council shall
transmit to the European Parliament. The Council shall act
on such proposal by a qualified majority within three
months;

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Thursday 28 April 2005

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 7
ARTICLE 1
Article 1, paragraph 4, point (ca) (new) (Regulation (EC) No 539/2001)

(ca)

restoration of

if the European Parliament indicates, in a Resolution
setting out the grounds on which it is based, that it dis-
agrees with a proposal for a provisional measure on the
temporary
for
nationals of the third country in question, the Commis-
sion shall re-examine that proposal. Taking the Resol-
ution into account and within one month after the adop-
tion thereof, the Commission may submit a new proposal
or continue the procedure. It shall give the reasons for its
action;

visa requirement

the

Amendment 8
ARTICLE 1
Article 1, paragraph 4, point (cb) (new) (Regulation (EC) No 539/2001)

(cb)

should the Commission not present a proposal for a pro-
visional measure on the temporary restoration of the visa
requirement for nationals of the third country in question,
it shall make a further attempt to restore visa-free travel
within six months after the date of submission of the
report referred to in point (b), and shall report on those
procedures to the European Parliament and the Council.
Within two months of that report, the Commission shall,
if the third country has not abolished the visa require-
ment, submit to the Council a proposal for a provisional
measure on the temporary restoration of the visa require-
ment for nationals of the third country in question or a
proposal for another appropriate measure in the external
field, which Council shall transmit to the European Par-
liament. The Council shall act on such proposal by a
qualified majority within three months. The procedure ref-
erred to in point (ca) shall apply;

Amendment 9
ARTICLE 1, POINT 1A (new)
Article 7a (new) (Regulation (EC) No 539/2001)

(1a) The following Article 7a shall be inserted:

Article 7a

1. Where a third country introduces conditions or pro-
cedures the effect of which is substantially to limit the
movement of nationals of a Member State, the following
provisions shall apply:

(a) within 90 days

of

such introduction,

its
announcement, the Member State concerned shall
notify the Commission in writing; the notification
shall be published in the C series of the Official
Journal of the European Union,

or

(b) the Commission shall immediately take steps with
the authorities of the third country in order to secure
the non-application of those conditions or procedures
and, at the latest within six months of publication of
the notification, shall report on those procedures to
the European Parliament and the Council,

23.2.2006

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Official Journal of the European Union

C 45 E/103

TEXT PROPOSED
BY THE COMMISSION

Thursday 28 April 2005

AMENDMENTS
BY PARLIAMENT

(c) depending on the conclusions in its report, the Com-
mission may present to the Council, at the latest
within two months after the date of submission of
the report referred to in point (b), a proposal for a
provisional measure introducing comparable con-
ditions or procedures in respect of nationals of the
third country in question travelling to the European
Union, which Council shall transmit to the European
Parliament. The Council shall act on such proposal
by a qualified majority within three months,

(d)

if the European Parliament indicates, in a Resolution
setting out the grounds on which it is based, that it
disagrees with a proposal for a provisional measure
introducing comparable conditions or procedures in
respect of nationals of the third country in question
travelling to the European Union, the Commission
shall re-examine that proposal. Taking the Resol-
ution into account and within one month after the
the Commission may submit a
adoption thereof,
new proposal or continue the procedure. It shall give
the reasons for its action,

(e) should the Commission not present a proposal for a
provisional measure introducing comparable con-
ditions or procedures in respect of nationals of the
third country in question travelling to the European
Union, it shall make a further attempt to secure the
non-application of those conditions or procedures
within six months after the date of submission of
the report referred to in point (b) and shall report
on those procedures to the European Parliament and
the Council. Within two months of that report, the
Commission shall, if the third country continues to
apply those conditions or procedures, submit to the
Council a proposal
for an appropriate measure
based on the principle of reciprocity, which Council
to the European Parliament. The
shall
Council shall act on such proposal by a qualified
majority within three months. The procedure referred
to in point (d) shall apply,

transmit

(f)

if it considers it necessary, the Commission may pre-
sent the proposal as referred to in points (c) and (e)
without a prior report. The procedure referred to in
points (c) and (d) shall apply to that proposal,

(g) where the third country withdraws the conditions or
procedures the effect of which is substantially to
limit the movement of nationals of a Member State,
the Member State concerned shall notify the Com-
mission thereof. The notification shall be published
in the C series of the Official Journal of the Euro-
pean Union. Any provisional measure decided under
point (c) and any appropriate measure decided under
point (e) shall terminate automatically on the date of
entry into force of the withdrawal of the conditions
or procedures the effect of which is substantially to
limit the movement of nationals of a Member State.