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Statewatch Observatory on interoperability: Creation of centralised, Big Brother, database: Updated
8.1.19
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The Observatory has been updated with the following documents, concerning amendments to the Visa Information System (VIS), the Visa Code, Entry/Exit System (EES), the Schengen Borders Code and the original proposed Regulation on interoperability:
Council: Proposal for a Regulation amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA - Mandate for negotiations with the European Parliament (Final consolidated version) (Doc no: 15764-18,110 pages, pdf): "Delegations will find attached in the Annex the final consolidated version of the Council's negotiating mandate with the European Parliament."

Council: Proposal for a Regulation amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA - Mandate for negotiations with the European Parliament (Doc no: 15726-18, 75 pages, pdf): "At its meeting on 19 December 2018, the Permanent Representatives Committee agreed on the mandate for negotiations with the European Parliament, as set out in the Annex."

Council: Proposal for a Regulation amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA - Final Presidency compromise proposals after the fifth examination (LIMITE doc no: 15125-18,, pdf): "In view to the discussions in the Visa Working Party of 11-12 December 2018, delegations will find in the Annex the final Presidency compromise suggestions after the discussions that took place in the Visa Working Party of 28 November 2018."

Council: Proposal for a Regulation amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA - Final Presidency compromise proposals - Silence procedure (LIMITE doc no: 15504-18, pdf);

"As a follow-up to the discussions in the Visa Working Party of 11-12 December 2018, delegations will find in the Annex the final Presidency compromise suggestions. (...)

Silence procedure

The text in the Annex is going to be submitted to the Permanent Representatives Committee to be held on 19 December 2018 for obtaining the negotiating mandate, unless Member States raise substantial objections by 11.00 am, 17 December 2018 in writing (...)

Council: Proposal for a Regulation amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA - Mandate for negotiations with the European Parliament (LIMITE doc no:15505-18, pdf):

"As regards querying other systems when processing long-stay visas and residence permits, the Council Legal Service explained that given the fact that holders of residence permits and long-stay visas are able to move freely in the Schengen area for a period of no more than 90 days in any 180 days, it is possible, on the basis of Article 77 TFEU, to provide that the queries in other systems be launched for the purpose of assessing applications for long-stay visas and residence permits (i.e. the queries should not be launched only after the decision has been taken, as proposed by the Commission). Chapter IIIb of the draft has been restructured by the Presidency along the lines of this explanation. This received very broad support from
the delegations and probably constitutes the most substantial change in comparison to the original Commission proposal."

Council: Proposal for a Regulation amending Regulation (EC) No 767/2008, Regulation (EC) No 810/2009, Regulation (EU) 2017/2226, Regulation (EU) 2016/399, Regulation XX/2018 [Interoperability Regulation], and Decision 2004/512/EC and repealing Council Decision 2008/633/JHA - Final Presidency compromise proposals after the fifth examination (nonconsolidated version) (LIMITE doc no:15126-Rev-1-18, pdf):

"Delegations will find in the Annex for information the "non-consolidated" version of the final Presidency compromise proposals which is set out in doc. 15125/18. Coreper on 19 December 2018 should adopt the Council negotiating mandate in this format."

Council: Final Presidency compromise proposals after the fifth examination (nonconsolidated version) - Previous version of above document (LIMITE doc no: 15126-18, pdf):

"Delegations will find in the Annex for information the "non-consolidated" version of the final Presidency compromise proposals which is set out in doc. 15125/18. Coreper on 19 December 2018 should adopt the Council negotiating mandate in this format."

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