Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), as regards the implementing powers conferred on the Commission
Date: 2006-12-22
Institutions: European Commission
Subjects: EU law, Schengen Agreement, border control, customs document, customs formalities, external border of the EU, foreign national, internal border of the EU, operation of the Institutions

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.12.2006 
COM(2006) 904 final 

2006/0279 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending 
Regulation (EC) No 562/2006 establishing a Community Code on the rules governing the 
movement of persons across borders (Schengen Borders Code), as regards the 
implementing powers conferred on the Commission 

(presented by the Commission) 

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2006/0279 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending 
Regulation (EC) No 562/2006 establishing a Community Code on the rules governing the 
movement of persons across borders (Schengen Borders Code), as regards the 
implementing powers conferred on the Commission 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
62(1) and (2)(a) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

Regulation  (EC)  No 562/20065  provides  that  certain  measures  should  be  adopted  in 
accordance  with  Council  Decision  1999/468/EC  of  28 June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission6. 

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced 
the  regulatory  procedure  with  scrutiny  for  measures  of  general  scope  intended  to 
amend  non-essential  elements  of  a  basic  instrument  adopted  in  accordance  with  the 
procedure referred to in Article 251 of the Treaty, including by deleting some of those 
elements or by supplementing them by the addition of new non-essential elements. 

(3) 

In accordance with the joint statement of the European Parliament, the Council and the 
Commission7 on Decision 2006/512/EC, instruments which are already in force must 

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2 
3 
4 
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6 

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OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 105, 13.4.2006, p.1. 
OJ  L  184,  17.7.1999,  p. 23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 
OJ C 255, 21.10.2006, p. 1. 

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(4) 

(5) 

be adjusted in accordance with the applicable procedures. The statement comprises a 
list of instruments to be adapted as a priority, including Regulation (EC) No 562/2006. 

Power  should  be  conferred  on  the  Commission  to  adapt  certain  practical  rules 
governing border  control and  to  amend certain annexes. Since these measures are of 
general  scope  and  seek  to  amend  non-essential  elements  of  Regulation  (EC) 
No 562/2006 and to supplement it by the addition of new non-essential elements, they 
should be adopted in accordance with the regulatory procedure with scrutiny provided 
for in Article 5a of Decision 1999/468/EC. 

Regulation  (EC)  No 562/2006  provides  for  a  period  of  suspension  as  regards  the 
implementing  powers  conferred  on  the  Commission.  In  their  joint  statement  on 
Decision  2006/512/EC,  the  European  Parliament,  the  Council  and  the  Commission 
have stated that Decision 2006/512/EC provides a horizontal and satisfactory solution 
to  the  European  Parliament's  wish  to  scrutinise  the  implementation  of  instruments 
adopted under the co-decision procedure and that, accordingly, implementing powers 
should be conferred on the Commission without time-limit. The European Parliament 
and  Council  have  also  stated  that  they  would  make  sure  that  the  proposals  aimed  at 
repealing  the  provisions  in  the  instruments  that  provide  for  a  time-limit  on  the 
delegation  of  implementing  powers  to  the  Commission  are  adopted  as  rapidly  as 
possible.  Following  the  introduction  of  the  regulatory  procedure  with  scrutiny,  there 
are grounds to delete the provision in Regulation (EC) No 562/2006 that provides for 
the aforementioned period of suspension. 

(6) 

Regulation (EC) No 562/2006 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 562/2006 is hereby amended as follows:  

1) Article 12(5) is replaced by the following: 

"5. The Commission hereby adopts the measures concerning additional supervisory 
methods.  These  measures,  designed  to  amend  non-essential  elements  of  this 
Regulation, by supplementing it, shall be adopted in accordance with the regulatory 
procedure with scrutiny referred to in Article 33(2)."  

2) Article 32 is replaced by the following: 

“Article 32 

Amendments to the Annexes 

Annexes  III,  IV  and  VIII  shall  be  amended  in  accordance  with  the  regulatory 
procedure with scrutiny referred to in Article 33(2)." 

3) Article 33(2) is replaced by the following: 

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"2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of 
Decision  No 1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof." 

4) Article 33(4) is deleted. 

Article 2 

This Regulation shall enter into force on the [...] day following its publication in the Official 
Journal of the European Union. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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