P6_TA(2007)0465#Communication Infrastructure for the Schengen Information System environment (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 for the Schengen Information System (SIS) environment (COM(2007)0311 — C6-0216/2007 — 2007/0108(CNS))
Date: 2007-10-24
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Schengen Information System, information network, transmission network

C 263 E/414

Official Journal of the European Union

EN

16.10.2008

Wednesday 24 October 2007

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 for
(COM(2007)0311 — C6-0216/2007 —
the Schengen Information System (SIS) environment
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;

Considers that the indicative financial reference amount indicated in the Commission proposal must
2.
be compatible with the ceiling of heading 3a of the Multiannual Financial Framework (MFF) and points out
that the annual amount will be decided within the annual budgetary procedure in accordance with the
provisions 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.

4.

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 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 the Commission.

(1) OJ C 139, 14.6.2006, p. 1.

16.10.2008

EN

Official Journal of the European Union

C 263 E/415

TEXT PROPOSED
BY THE COMMISSION

Wednesday 24 October 2007

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 7

The SISNET Agreement also provides networking and
(7)
associated security services for VISION, a network supporting
visa consultation procedures between central authorities of
Member 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 of
24 April 2001 reserving to the Council implementing powers
with regard to certain detailed provisions and practical proce-
dures for examining visa applications,
is the body competent
for
implementing the amendments necessary for migrating
VISION to another communication infrastructure.

The SISNET Agreement also provides networking and
(7)
associated security services for VISION, a network supporting
visa consultation procedures between central authorities of
Member States according to Article 17(2) of
the Schengen
Convention. In actual fact, VISION is in principle out of the
in accordance with
scope of this proposal since the Council,
Regulation (EC) No 789/2001 of 24 April 2001 reserving to
the Council
implementing powers with regard to certain
detailed provisions and practical procedures for examining visa
applications,
implementing the
amendments 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 VISION
into the new communication network s-Testa and exercise
implementing powers.

is the body competent

for

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.

The costs of

5.
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 national
database and the costs of its connection to the SIS or s-Testa
communication 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 legal
basis, any modification will require a new legal instrument
which will have
in accordance with
Article 67(2), indent 2, of the EC Treaty.

adopted

to be

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.

C 263 E/416

Official Journal of the European Union

EN

16.10.2008

Wednesday 24 October 2007

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

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, in
accordance with Regulation (EC, Euratom) No 1605/2002 as
amended by Council Regulation (EC, Euratom) No 1995/2006
of 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 in
paragraph 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

The remainder of

the budget established by Council
2.
in accordance with
Decision 2000/265/EC, at
Article 4(1)
states. The
shall be refunded to the Member
amounts to be repaid shall be calculated on the basis of the
contributions
laid down in
from the Member States as
Article 26 of Council Decision 2000/265/EC.

the date set

The remainder of

the budget established by Council
2.
Decision 2000/265/EC at
in accordance with
Article 4(1) shall be used by the Commission to develop the
Communication Infrastructure.

the date set

16.10.2008

EN

Official Journal of the European Union

C 263 E/417

TEXT PROPOSED
BY THE COMMISSION

Wednesday 24 October 2007

AMENDMENTS
BY PARLIAMENT

Amendment 7
Article 9, paragraph 2

the Deputy Secretary-General of

The application of this Regulation is subject to notifica-
2.
tion of
the Council to the
Commission that no agreement or contract has been concluded
for the provision of networking and 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.

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 or
contract has been concluded for the provision of networking
and 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 December
1997, drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance
(COM(2007)0216 — C6-0170/2007 —
and cooperation between customs

administrations
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.

2.

Approves the Commission recommendation;

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 recommendation

3.
substantially;

Instructs its President to forward its position to the Council and the Commission and to the Govern-

4.
ments of Bulgaria and Romania.