Progress: Awaiting final decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | KIRKHOPE Timothy ( ECR) | GABRIEL Mariya ( PPE), PIRI Kati ( S&D), DEPREZ Gérard ( ALDE), VALERO Bodil ( Verts/ALE) |
Lead committee dossier:
Events
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).
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.
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
- Decision by Parliament: T8-0352/2015
- Committee report tabled for plenary, 1st reading/single reading: A8-0287/2015
- Committee draft report: PE567.618
- Legislative proposal published: 10506/2015
- Committee draft report: PE567.618
Activities
- Marina ALBIOL GUZMÁN
- Marie-Christine ARNAUTU
- Jonathan ARNOTT
- Zigmantas BALČYTIS
- Hugues BAYET
- José BLANCO LÓPEZ
- Marie-Christine BOUTONNET
- Renata BRIANO
- Steeve BRIOIS
- Gianluca BUONANNO
- Nicola CAPUTO
- Salvatore CICU
- Alberto CIRIO
- Therese COMODINI CACHIA
- Pál CSÁKY
- Michel DANTIN
- Rachida DATI
- Mireille D'ORNANO
- Norbert ERDŐS
- Georgios EPITIDEIOS
- Lorenzo FONTANA
- Doru-Claudian FRUNZULICĂ
- Ildikó GÁLL-PELCZ
- Beata GOSIEWSKA
- Tania GONZÁLEZ PEÑAS
- Antanas GUOGA
- Filiz HYUSMENOVA
- Pablo IGLESIAS
- Cătălin Sorin IVAN
- Marc JOULAUD
- Ivan JAKOVČIĆ
- Barbara KAPPEL
- Afzal KHAN
- Giovanni LA VIA
- Paloma LÓPEZ BERMEJO
- Ivana MALETIĆ
- Andrejs MAMIKINS
- Notis MARIAS
- Barbara MATERA
- Jean-Luc MÉLENCHON
- Louis MICHEL
- Bernard MONOT
- Marlene MIZZI
- Sophie MONTEL
- Franz OBERMAYR
- Florian PHILIPPOT
- Marijana PETIR
- Andrej PLENKOVIĆ
- Salvatore Domenico POGLIESE
- Franck PROUST
- Claude ROLIN
- Fernando RUAS
- Matteo SALVINI
- Lola SÁNCHEZ CALDENTEY
- Remo SERNAGIOTTO
- Jill SEYMOUR
- Maria Lidia SENRA RODRÍGUEZ
- Davor ŠKRLEC
- Igor ŠOLTES
- Eleftherios SYNADINOS
- Claudia ȚAPARDEL
- Pavel TELIČKA
- Ramon TREMOSA i BALCELLS
- Ángela VALLINA
- Derek VAUGHAN
- Miguel VIEGAS
- Jarosław WAŁĘSA
- Inês Cristina ZUBER
Votes
A8-0287/2015 - Timothy Kirkhope - Vote unique #
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