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Community Code on Visas: harmonised application

2011/0223(COD)

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Louis MICHEL (ADLE, BE) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 810/2009 of 13 July 2009 establishing a Community Code on Visas (Visa Code).

The Committee supports the Commission proposal but recommends that the European Parliament’s position, adopted at first reading under the ordinary legislation procedure, should make two technical amendments correcting recitals 10 and 11 of the proposal.

  • Recital 10 is amended as follows: as regards Cyprus, this Regulation constitutes an act building upon or otherwise related to the Schengen acquis within the meaning of Article 3(1) of the 2003 Act of Accession (as opposed to Article 3(2) as proposed by the Commission);
  • Recital 11 is amended as follows: as regards Romania and Bulgaria, this Regulation constitutes an act building upon or otherwise related to the Schengen acquis within the meaning of Article 4(1) of the 2005 Act of Accession (as opposed to Article 4(2) as proposed by the Commission).

The Committee considers that these recitals should follow the same logic as Recital 38 of the Visa Code and refer, respectively, to Article 3(1) of the 2003 Act of Accession and Article 4(1) of the 2005 Act of Accession, given that the provisions on airport transit visas are binding and apply to Cyprus, Romania and Bulgaria as from their accession date.