Regulation (EU) 2016/93

What it is

to repeal a certain number of legal measures in the area of freedom, security and justice that have been identified as obsolete. PROPOSED ACT: Decision of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: in its Communication of June 2014 on " Regulatory Fitness and Performance Programme (REFIT): State of Play and Outlook ", the Commission stated that it was screening the acquis in respect of police cooperation and judicial cooperation in criminal matters in order to identify acts which could be repealed in the context of the expiry of the transitional period set out in the Treaties. The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Claude MORAES (S&D, UK) on the proposal for a decision of the European Parliament and of the Council repealing certain acts in the Area of Freedom Security and Justice. The committee recommended that the position of the European Parliament adopted at first reading under the ordinary legislative procedure should amend the Commission proposal. Members proposed to change the type of act from 'decision' to 'regulation' . They stressed that in accordance with the Article 288 TFEU a regulation is binding in its entirety and directly applicable in all Member States and will better serve the purpose of the proposal to repeal the acts deemed to be obsolete. 11 decisions of the Schengen Executive Committee because their content has been taken up in successive acts, Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II) which exhausted its legal effect once the SIS II became operational on 9 April 2013. The report also proposed several amendments seeking to improve the drafting of the act, including an addition in the title stating that the repealed acts in question are part of the Schengen acquis , as well as an amendment to clarify that the Denmark is not bound by Regulation or subject to its application, but that it shall decide, in accordance with Protocol No 22 annexed to the Treaties, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law. The European Parliament adopted by 601 votes to 10, with 56 abstentions, a legislative resolution on the proposal for a decision of the European Parliament and of the Council repealing certain acts in the Area of Freedom Security and Justice. Parliament’s position adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows: Parliament proposed to change the type of act from 'decision' to 'regulation' . Moreover, the title now stipulates that the repealed acts in question are part of the Schengen acquis . An amendment stipulates that the Denmark is not bound by Regulation or subject to its application, but that it shall decide, in accordance with Protocol No 22 annexed to the Treaties, decide within a period of six months after the Council has decided on this Regulation…

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