PURPOSE: to amend Regulation 562/2006/EC establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) by introducing a reference to the new regulatory procedure with scrutiny (comitology).

LEGISLATIVE ACT: Regulation (EC) No 296/2008 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

CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission has been amended by Council Decision 2006/512/EC ( CNS/2002/0298 ).

The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

The Decision provides that the Commission will be empowered to adopt certain practical measures governing border surveillance and to amend certain annexes in accordance with the regulatory procedure with scrutiny.

ENTRY INTO FORCE: 10/04/2008.

The European Parliament adopted a resolution drafted by Michael CASHMAN (PES, UK) on the proposal for a regulation 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.

Parliament made some technical amendments so as to take into account the specificity of the Schengen Borders Code. It felt that, since the proposal constituted a development of the Schengen acquis, some special provisions, notably as regards the Member States in which it applies, needed to be introduced. Accordingly, new recitals are introduced regarding Denmark, Iceland and Norway, Switzerland, the United Kingdom and Ireland.

Lastly, Parliament provided that any additional rules governing surveillance must be decided in accordance with the regulatory procedure with scrutiny.

The Committee on Civil Liberties, Justice and Home Affairs adopted a report drawn up by Michael CASHMAN (PES, UK) on the proposal for a regulation 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 Committee made some technical amendments so as to take into account the specificity of the Schengen Borders Code. It felt that, since the proposal constituted a development of the Schengen acquis, some special provisions, notably as regards the Member States in which it applies, needed to be introduced. Accordingly, new recitals are introduced regarding Denmark, Iceland and Norway, Switzerland, the United Kingdom and Ireland.

Lastly, the Committee provided that any additional rules governing surveillance must be decided in accordance with the regulatory procedure with scrutiny.

PURPOSE: to amend Regulation 562/2006/EC establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) by introducing a reference to the new regulatory procedure with scrutiny (comitology).

PROPOSED ACT: Regulation of the European Parliament and of the Council.

CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission has been amended by Council Decision 2006/512/EC ( CNS/2002/0298 ).

The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

This procedure allows the legislator to oppose the adoption of "quasi-legislative" measures implementing a codecision-based instrument when it considers that the draft exceeds the implementing powers provided for in the basic instrument, or that the draft is incompatible with the aim or the content of that instrument or fails to respect the principles of subsidiarity or proportionality.

In a joint statement, the three institutions agreed on a list of 26 basic instruments already in force to be adjusted without delay in accordance with the new regulatory procedure with scrutiny (see ACI/2006/2152 ). Each case has been assessed on its own merits, notably in view of the nature of the implementing powers conferred on the Commission and the specificity of each sector.

Lastly, in accordance with the abovementioned statement, the Commission is proposing to repeal any provisions of these instruments that provide for a time-limit on the delegation of implementing powers to the Commission.

PURPOSE: to amend Regulation 562/2006/EC establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) by introducing a reference to the new regulatory procedure with scrutiny (comitology).

PROPOSED ACT: Regulation of the European Parliament and of the Council.

CONTENT: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission has been amended by Council Decision 2006/512/EC ( CNS/2002/0298 ).

The amended Decision introduces a new regulatory procedure with scrutiny to be used for measures of general scope which seek to amend non-essential elements of a basic instrument, adopted under co-decision, including by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements.

This procedure allows the legislator to oppose the adoption of "quasi-legislative" measures implementing a codecision-based instrument when it considers that the draft exceeds the implementing powers provided for in the basic instrument, or that the draft is incompatible with the aim or the content of that instrument or fails to respect the principles of subsidiarity or proportionality.

In a joint statement, the three institutions agreed on a list of 26 basic instruments already in force to be adjusted without delay in accordance with the new regulatory procedure with scrutiny (see ACI/2006/2152 ). Each case has been assessed on its own merits, notably in view of the nature of the implementing powers conferred on the Commission and the specificity of each sector.

Lastly, in accordance with the abovementioned statement, the Commission is proposing to repeal any provisions of these instruments that provide for a time-limit on the delegation of implementing powers to the Commission.