31.5.2011 |
EN |
Official Journal of the European Union |
CE 161/172 |
Tuesday 18 May 2010
Migration from the Schengen Information System (SIS 1+) to the second Schengen Information System (SIS II) (amendment of Decision 2008/839/JHA) *
P7_TA(2010)0162
European Parliament legislative resolution of 18 May 2010 on the proposal for a Council regulation amending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (COM(2010)0015 – C7-0040/2010 – 2010/0006(NLE))
2011/C 161 E/28
(Consultation)
The European Parliament,
having regard to the Commission proposal to the Council (COM(2010)0015),
having regard to Article 74 of the Treaty on the Functioning of the European Union (TFEU), pursuant to which the Council consulted Parliament (C7-0040/2010),
having regard to Rules 55 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 Budgets (A7-0127/2010),
1. |
Approves the Commission proposal as amended; |
2. |
Notwithstanding the fact that Council is treating SIS 1+ RE as a contingency plan in the event of a failure of SIS II, Parliament, as co-legislator for the establishment of the second generation Schengen Information System (SIS II) (Regulation (EC) No 1987/2006 (1) and budgetary authority, reserves its right to hold in reserve the funds to be allocated for the development of the SIS II in the 2011 annual budget, in order to ensure full parliamentary scrutiny and oversight of the process; |
3. |
Calls on the Commission to alter its proposal accordingly, pursuant to Article 293(2) TFEU; |
4. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
5. |
Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
6. |
Instructs its President to forward its position to the Council and the Commission. |
TEXT PROPOSED BY THE COMMISSION |
AMENDMENT |
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Amendment 1 |
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Proposal for a regulation – amending act Recital 3 |
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Amendment 2 |
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Proposal for a regulation – amending act Recital 4 |
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Amendment 3 |
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Proposal for a regulation – amending act Recital 6 |
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Amendment 4 |
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Proposal for a regulation – amending act Recital 16 a (new) |
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Amendment 5 |
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Proposal for a regulation – amending act Article 1 - point -1 (new) Council Decision 2008/839/JHA Article 1 – paragraph 1 |
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Amendment 6 |
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Proposal for a regulation – amending act Article 1 – point -1 a (new) Council Decision 2008/839/JHA Article 1 – paragraph 1 a (new) |
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Amendment 7 |
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Proposal for a regulation – amending act Article 1 – point 3 Council Decision 2008/839/JHA Article 11 – paragraph 2 |
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2. The Member States participating in SIS 1+ shall migrate from N.SIS to N.SIS II using the interim migration architecture, with the support of France and of the Commission. |
2. The Member States participating in SIS 1+ shall migrate from N.SIS to N.SIS II using the interim migration architecture, with the support of France and of the Commission by 31 December 2011 at the latest. If an alternative technical solution, as referred to in Article 11(5a), is implemented, that date may be changed in accordance with the procedure specified in Article 17(2). |
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Amendment 8 |
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Proposal for a regulation – amending act Article 1 – point 3 a (new) Council Decision 2008/839/JHA Article 11 - paragraph 5 |
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Amendment 9 |
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Proposal for a regulation – amending act Article 1 - point 3 b (new) Council Decision 2008/839/JHA Article 11 – paragraph 5 a (new) |
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Amendment 10 |
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Proposal for a regulation – amending act Article 1 – point 3c (new) Council Decision 2008/839/JHA Article 14 – paragraph 5 a (new) |
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Amendment 11 |
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Proposal for a regulation – amending act Article 1 – point 4 Council Decision 2008/839/JHA Article 17a – paragraph 1 |
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1. Without prejudice to the respective responsibilities and activities of the Commission, France and the Member States participating in SIS 1+, a group of technical experts, called the Global Programme Management Board (hereinafter the ‘GPMB’), is hereby set up. The GPMB shall provide a forum for coordination of the central and national SIS II projects. |
1. Without prejudice to the respective responsibilities and activities of the Commission, France and the Member States participating in SIS 1+, a group of technical experts, called the Global Programme Management Board (hereinafter the ‘GPMB’), is hereby set up. The GPMB shall provide a forum for assistance to the development of Central SIS II. It shall facilitate consistency and provide for coordination of the central and national SIS II projects. |
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Amendment 12 |
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Proposal for a regulation – amending act Article 1 – point 4 Council Decision 2008/839/JHA Article 17a – paragraph 2 |
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2. The GPMB shall be composed of a maximum of 10 experts . A maximum of eight experts and an equal number of alternates shall be designated by the Member States acting within the Council. Two experts and two alternates shall be designated by the Director General of the responsible Directorate-General of the Commission from among Commission officials. Other Commission officials with an interest in the proceedings may attend meetings of the GPMB. |
2. The GPMB shall be composed of a maximum of 10 members who shall be qualified to contribute actively to the development of the SIS II and who shall meet on a regular basis . A maximum of eight members and an equal number of alternates shall be designated by the Member States acting within the Council. A maximum of two members and two alternates shall be designated by the Director General of the responsible Directorate-General of the Commission from among Commission officials. Interested Members or relevant staff of the European Parliament, experts from Member States and Commission officials directly involved in the development of the SIS II projects may attend GPMB meetings at the expense of their respective administration or institution. The GPMB may invite other experts to participate in GPMB meetings as defined in the terms of reference at the expense of their respective administration, institution or company. |
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Amendment 13 |
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Proposal for a regulation – amending act Article 1 – point 4 Council Decision 2008/839/JHA Article 17 a – paragraph 5 |
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5. The GPMB shall draw up its own terms of reference. They shall take effect after a favourable opinion has been given by the Director General of the responsible Directorate-General of the Commission. |
5. The GPMB shall draw up its own terms of reference. They shall take effect after a favourable opinion has been given by the Director General of the responsible Directorate-General of the Commission. The terms of reference of the GPMB shall include a requirement to publish regular reports and to make those reports available to the European Parliament in order to ensure full parliamentary scrutiny and oversight. |
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Amendment 14 |
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Proposal for a regulation – amending act Article 1 – point 4 Council Decision 2008/839/JHA Article 17 a – paragraph 6 |
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6. Without prejudice to Article 15(2), the administrative costs and travel expenses arising from the activities of the GPMB shall be borne by the general budget of the European Union, to the extent that they are not reimbursed from other sources. As regards travel expenses of the experts in the GPMB designated by the Member States acting within the Council and experts invited pursuant to paragraph 3 of this Article which arise in connection with the work of the GPMB, the Commission’s ‘Rules on the reimbursement of expenses incurred by people from outside the Commission invited to attend meetings in an expert capacity’ shall apply. |
6. Without prejudice to Article 15(2), the administrative costs and travel expenses arising from the activities of the GPMB shall be borne by the general budget of the European Union, to the extent that they are not reimbursed from other sources. As regards travel expenses of the experts in the GPMB designated by the Member States acting within the Council and experts invited pursuant to paragraph 3 of this Article which arise in connection with the work of the GPMB, the Commission’s ‘Rules on the reimbursement of expenses incurred by people from outside the Commission invited to attend meetings in an expert capacity’ shall apply. The necessary appropriations to cover the cost arising from the meetings of the GPMB shall come from the appropriations currently provided for in the Financial Programming 2010-2013 for the second generation Schengen Information System (SIS II). |
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Amendment 15 |
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Proposal for a regulation – amending act Article 1 – point 5 Council Decision 2008/839/JHA Article 19 |
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It shall expire on a date to be fixed by the Council, acting in accordance with Article 71(2) of Decision 2007/533/JHA. |
This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union . It shall expire on a date to be fixed by the Council, acting in accordance with Article 71(2) of Decision 2007/533/JHA , and in any event no later than on 31 December 2013 . |
(1) Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, p. 4).