BETA


2015/0807(CNS) Access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol: date of effect of Decision 2008/633/JHA

Progress: Awaiting final decision

RoleCommitteeRapporteurShadows
Lead LIBE KIRKHOPE Timothy (icon: ECR ECR) GABRIEL Mariya (icon: PPE PPE), PIRI Kati (icon: S&D S&D), DEPREZ Gérard (icon: ALDE ALDE), VALERO Bodil (icon: Verts/ALE Verts/ALE)
Lead committee dossier:

Events

2015/10/14
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 543 votes to 37, with 54 abstentions, in the framework of a special legislative procedure (Parliament’s consultation), a legislative resolution on the draft Council Implementing Decision fixing the date of effect of Decision 2008/633/JHA concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences.

Parliament approved the Commission proposal without amendment which aims to fix the date of effect of Decision 2008/633/JHA.

The proposed Decision aims to replace Council Decision 2013/392/EU , which was annulled by a judgment of the Court of Justice of the European Union (the Court maintained the effects of Decision 2013/392/EU).

Documents
2015/10/06
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted, in the framework of a special legislative procedure (Parliament’s consultation), the report by Timothy KIRKHOPE (ECR, UK) on the draft Council Implementing Decision fixing the date of effect of Decision 2008/633/JHA concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences.

The committee recommended Parliament to approve the Commission proposal without amendment.

The proposal seeks to fix the date of effect of Decision 2008/633/JHA concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol, given that all the requisite conditions have been met.

To recall, the proposed Decision aims to replace Council Decision 2013/392/EU , which was annulled by a judgment of the Court of Justice of the European Union. In that judgment, the Court maintained the effects of Decision 2013/392/EU until the entry into force of a new act intended to replace it.

Documents
2015/10/01
   EP - Vote in committee, 1st reading/single reading
2015/09/10
   EP - Committee draft report
Documents
2015/09/07
   EP - Committee referral announced in Parliament, 1st reading/single reading
2015/09/07
   EP - KIRKHOPE Timothy (ECR) appointed as rapporteur in LIBE
2015/07/10
   EC - Legislative proposal published
Details

PURPOSE: to fix the date of effect of Decision 2008/633/JHA concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences.

PROPOSED ACT: Council implementing Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: Decision 2008/633/JHA provides that it is to take effect from a date to be determined by the Council once the Commission has informed the Council that Regulation (EC) No 767/2008 of the European Parliament and of the Council concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) has entered into force and is fully applicable.

The Commission informed the Council that Regulation (EC) No 767/2008 had entered into force and had been fully applicable as from 27 September 2011 .

The conditions for triggering the exercise by the Council of its implementing powers pursuant to Decision 2008/633/JHA have been met and an implementing decision fixing the date of effect of Decision 2008/633/JHA should therefore be adopted.

To recall, the proposed Decision replaces Council Decision 2013/392/EU, which was annulled by a judgment of the Court of Justice of the European Union . In that judgment, the Court maintained the effects of Decision 2013/392/EU until the entry into force of a new act intended to replace it. Therefore, as of the date of entry into force of this Decision, Decision 2013/392/EU ceases to produce effects .

In order to ensure the continuity of access rights for consultation of the VIS by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences, the date from which Decision 2008/633/JHA took effect should be maintained as set out in Article 1 of Decision 2013/392/EU.

CONTENT: the Council implementing Decision provides that Decision 2008/633/JHA shall take effect from 1 September 2013 , as set out in Article 1 of Decision 2013/392/EU.

Decision 2013/392/EU shall cease to produce effects from the date of entry into force of this Decision, without prejudice to the date of effect of the proposed Decision.

Given that this Decision constitutes a development of the provisions of the Schengen acquis , Iceland, Norway, Switzerland and Liechtenstein shall participate in the application of this Decision.

Denmark is not taking part in the adoption of this Decision but it may, within a period of six months after the Council has decided on this Decision, decide whether it will implement it in its national law.

The United Kingdom and Ireland shall not participate in the adoption of the Decision and shall not be bound by it or subject to its application.

Documents

Documents

Activities

Votes

A8-0287/2015 - Timothy Kirkhope - Vote unique

2015/10/14 Outcome: +: 543, 0: 54, -: 37
DE IT FR ES PL RO BE CZ AT HU SE NL BG HR SK LT PT FI DK SI GB IE MT LV LU EE CY EL
Total
76
66
65
46
42
26
21
20
18
18
16
22
11
11
12
10
15
10
8
7
65
9
6
6
4
4
4
16
icon: PPE PPE
178

Sweden PPE

For (1)

1

Lithuania PPE

1

Finland PPE

2

Luxembourg PPE

For (1)

1

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
162

Netherlands S&D

2
3

Croatia S&D

2

Slovenia S&D

For (1)

1

Ireland S&D

For (1)

1

Malta S&D

3

Latvia S&D

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Cyprus S&D

For (1)

1
icon: ALDE ALDE
59

Romania ALDE

3

Austria ALDE

For (1)

1

Croatia ALDE

2
3

Denmark ALDE

For (1)

1

Slovenia ALDE

For (1)

1

United Kingdom ALDE

1

Ireland ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

For (1)

1
icon: ECR ECR
63

Italy ECR

2

Czechia ECR

2

Netherlands ECR

For (1)

1

Bulgaria ECR

1

Croatia ECR

For (1)

1

Slovakia ECR

Abstain (1)

3

Lithuania ECR

1

Finland ECR

For (1)

1

Greece ECR

For (1)

1
icon: Verts/ALE Verts/ALE
43

Belgium Verts/ALE

2

Austria Verts/ALE

3

Hungary Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

United Kingdom Verts/ALE

3

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: ENF ENF
36

Poland ENF

Against (1)

1

Romania ENF

1

Belgium ENF

For (1)

1

Netherlands ENF

3

United Kingdom ENF

Against (1)

1
icon: EFDD EFDD
42

France EFDD

1

Poland EFDD

1

Czechia EFDD

Abstain (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: GUE/NGL GUE/NGL
43

Italy GUE/NGL

3

Czechia GUE/NGL

2

Sweden GUE/NGL

Abstain (1)

1

Netherlands GUE/NGL

3

Portugal GUE/NGL

Abstain (1)

3

Finland GUE/NGL

Abstain (1)

1

United Kingdom GUE/NGL

Abstain (1)

1

Ireland GUE/NGL

3

Cyprus GUE/NGL

Abstain (1)

2
icon: NI NI
8

Germany NI

1

Poland NI

Against (1)

1

Hungary NI

For (1)

1

United Kingdom NI

For (1)

1

History

(these mark the time of scraping, not the official date of the change)

committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
rapporteur
name: KIRKHOPE Timothy date: 2015-09-07T00:00:00 group: European Conservatives and Reformists abbr: ECR
shadows
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2015-09-07T00:00:00
rapporteur
name: KIRKHOPE Timothy group: European Conservatives and Reformists abbr: ECR
shadows
activities
  • date: 2015-07-10T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=10506%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 10506/2015 body: EC commission: DG: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs Commissioner: AVRAMOPOULOS Dimitris type: Legislative proposal published
  • date: 2015-09-07T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: EPP name: GABRIEL Mariya group: S&D name: PIRI Kati group: ALDE name: DEPREZ Gérard group: Verts/ALE name: VALERO Bodil responsible: True committee: LIBE date: 2015-09-07T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ECR name: KIRKHOPE Timothy
  • date: 2015-10-01T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: EPP name: GABRIEL Mariya group: S&D name: PIRI Kati group: ALDE name: DEPREZ Gérard group: Verts/ALE name: VALERO Bodil responsible: True committee: LIBE date: 2015-09-07T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ECR name: KIRKHOPE Timothy
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0287&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0287/2015 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP shadows: group: EPP name: GABRIEL Mariya group: S&D name: PIRI Kati group: ALDE name: DEPREZ Gérard group: Verts/ALE name: VALERO Bodil responsible: True committee: LIBE date: 2015-09-07T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ECR name: KIRKHOPE Timothy date: 2015-10-06T00:00:00
  • date: 2015-10-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0352 type: Decision by Parliament, 1st reading/single reading title: T8-0352/2015 body: EP type: Decision by Parliament, 1st reading/single reading
commission
  • body: EC dg: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2015-09-07T00:00:00
rapporteur
name: KIRKHOPE Timothy group: European Conservatives and Reformists abbr: ECR
shadows
committees/0
body
EP
shadows
responsible
True
committee
LIBE
date
2015-09-07T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: ECR name: KIRKHOPE Timothy
docs
  • date: 2015-09-10T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE567.618 title: PE567.618 type: Committee draft report body: EP
events
  • date: 2015-07-10T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=10506%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 10506/2015 summary: PURPOSE: to fix the date of effect of Decision 2008/633/JHA concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences. PROPOSED ACT: Council implementing Decision. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: Decision 2008/633/JHA provides that it is to take effect from a date to be determined by the Council once the Commission has informed the Council that Regulation (EC) No 767/2008 of the European Parliament and of the Council concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) has entered into force and is fully applicable. The Commission informed the Council that Regulation (EC) No 767/2008 had entered into force and had been fully applicable as from 27 September 2011 . The conditions for triggering the exercise by the Council of its implementing powers pursuant to Decision 2008/633/JHA have been met and an implementing decision fixing the date of effect of Decision 2008/633/JHA should therefore be adopted. To recall, the proposed Decision replaces Council Decision 2013/392/EU, which was annulled by a judgment of the Court of Justice of the European Union . In that judgment, the Court maintained the effects of Decision 2013/392/EU until the entry into force of a new act intended to replace it. Therefore, as of the date of entry into force of this Decision, Decision 2013/392/EU ceases to produce effects . In order to ensure the continuity of access rights for consultation of the VIS by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences, the date from which Decision 2008/633/JHA took effect should be maintained as set out in Article 1 of Decision 2013/392/EU. CONTENT: the Council implementing Decision provides that Decision 2008/633/JHA shall take effect from 1 September 2013 , as set out in Article 1 of Decision 2013/392/EU. Decision 2013/392/EU shall cease to produce effects from the date of entry into force of this Decision, without prejudice to the date of effect of the proposed Decision. Given that this Decision constitutes a development of the provisions of the Schengen acquis , Iceland, Norway, Switzerland and Liechtenstein shall participate in the application of this Decision. Denmark is not taking part in the adoption of this Decision but it may, within a period of six months after the Council has decided on this Decision, decide whether it will implement it in its national law. The United Kingdom and Ireland shall not participate in the adoption of the Decision and shall not be bound by it or subject to its application.
  • date: 2015-09-07T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2015-10-01T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2015-10-06T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0287&language=EN title: A8-0287/2015 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted, in the framework of a special legislative procedure (Parliament’s consultation), the report by Timothy KIRKHOPE (ECR, UK) on the draft Council Implementing Decision fixing the date of effect of Decision 2008/633/JHA concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences. The committee recommended Parliament to approve the Commission proposal without amendment. The proposal seeks to fix the date of effect of Decision 2008/633/JHA concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol, given that all the requisite conditions have been met. To recall, the proposed Decision aims to replace Council Decision 2013/392/EU , which was annulled by a judgment of the Court of Justice of the European Union. In that judgment, the Court maintained the effects of Decision 2013/392/EU until the entry into force of a new act intended to replace it.
  • date: 2015-10-14T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0352 title: T8-0352/2015 summary: The European Parliament adopted by 543 votes to 37, with 54 abstentions, in the framework of a special legislative procedure (Parliament’s consultation), a legislative resolution on the draft Council Implementing Decision fixing the date of effect of Decision 2008/633/JHA concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences. Parliament approved the Commission proposal without amendment which aims to fix the date of effect of Decision 2008/633/JHA. The proposed Decision aims to replace Council Decision 2013/392/EU , which was annulled by a judgment of the Court of Justice of the European Union (the Court maintained the effects of Decision 2013/392/EU).
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
procedure/Modified legal basis
Old
Rules of Procedure EP 150
New
Rules of Procedure EP 159
procedure/dossier_of_the_committee
Old
LIBE/8/04259
New
  • LIBE/8/04259
procedure/subject
Old
  • 7.10.04 External borders crossing and controls, visas
New
7.10.04
External borders crossing and controls, visas
procedure/subtype
Old
Legislation
New
  • Legislation
  • See also Decision 2008/633/JHA 2005/0232(CNS)
procedure/summary
  • See also Decision 2008/633/JHA
procedure/Modified legal basis
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
activities/0/commission/0/DG/url
Old
http://ec.europa.eu/dgs/home-affairs/
New
http://ec.europa.eu/info/departments/migration-and-home-affairs_en
other/0/dg/url
Old
http://ec.europa.eu/dgs/home-affairs/
New
http://ec.europa.eu/info/departments/migration-and-home-affairs_en
procedure/title
Old
Access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol: date of effect of Decision 2008/633/JHA. Implementing decision
New
Access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol: date of effect of Decision 2008/633/JHA
activities
  • date: 2015-07-10T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=10506%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 10506/2015 body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs Commissioner: AVRAMOPOULOS Dimitris
  • date: 2015-09-07T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP shadows: group: EPP name: GABRIEL Mariya group: S&D name: PIRI Kati group: ALDE name: DEPREZ Gérard group: Verts/ALE name: VALERO Bodil responsible: True committee: LIBE date: 2015-09-07T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ECR name: KIRKHOPE Timothy
  • date: 2015-10-01T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP shadows: group: EPP name: GABRIEL Mariya group: S&D name: PIRI Kati group: ALDE name: DEPREZ Gérard group: Verts/ALE name: VALERO Bodil responsible: True committee: LIBE date: 2015-09-07T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ECR name: KIRKHOPE Timothy
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0287&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0287/2015 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP shadows: group: EPP name: GABRIEL Mariya group: S&D name: PIRI Kati group: ALDE name: DEPREZ Gérard group: Verts/ALE name: VALERO Bodil responsible: True committee: LIBE date: 2015-09-07T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ECR name: KIRKHOPE Timothy date: 2015-10-06T00:00:00
  • date: 2015-10-14T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0352 type: Decision by Parliament, 1st reading/single reading title: T8-0352/2015 body: EP type: Decision by Parliament, 1st reading/single reading
committees
  • body: EP shadows: group: EPP name: GABRIEL Mariya group: S&D name: PIRI Kati group: ALDE name: DEPREZ Gérard group: Verts/ALE name: VALERO Bodil responsible: True committee: LIBE date: 2015-09-07T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: ECR name: KIRKHOPE Timothy
links
other
  • body: EC dg: url: http://ec.europa.eu/dgs/home-affairs/ title: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
procedure
dossier_of_the_committee
LIBE/8/04259
reference
2015/0807(CNS)
title
Access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol: date of effect of Decision 2008/633/JHA. Implementing decision
stage_reached
Awaiting final decision
summary
See also Decision 2008/633/JHA
subtype
Legislation
Modified legal basis
Rules of Procedure of the European Parliament EP 150
type
CNS - Consultation procedure
subject
7.10.04 External borders crossing and controls, visas