RESOLUTION A3-0284/92

Resolution on the abolition of controls at internal borders and free movement of persons within the European Community

The European Parliament,

- having regard to the motion for a resolution by Mr Böge and others on the setting up of a Euro-coastguard (B3-0277/92),

- having regard to Articles 3, 5, 7, 8a, 100 and 235 of the EEC Treaty,

- having regard to Articles 3, 5, 6, 7a, 8 to 8e, 100, 100c, 100d, K to K9 of the Treaty on European Union,

- having regard to its resolution of 11 November 1977 on the granting of special rights to citizens of the European Community in implementation of the decision of the Paris Summit of December 1974,

- having regard to its resolution of 15 March 1990 on the free movement of persons in the internal market,

- having regard to its resolution of 14 June 1990 on the Schengen Agreement, the Convention on the right of asylum and the status of refugees as defined by the ad hoc Group on Immigration,

- having regard to its plenary debates of 20 and 21 February 1991,

- having regard to its resolution of 13 September 1991 on the free movement of persons and security in the European Community,

- having regard to the two reports of the ad hoc Committee on a People's Europe,

- having regard to the White Paper on the completion of the internal market, which made provision for a series of proposals for directives on freedom of movement,

- having regard to the Commission communication to the Council and to Parliament on abolition of internal border controls and to the Commission's seventh report the implementation of the White Paper on the achievement of the internal market,

- having regard to Rule 121 of its Rules of Procedure,

- having regard to the report by the Committee on Civil Liberties and Internal Affairs (A3-0284/92),

A. whereas Article 3(c) of the Treaty establishing the European Economic Community speaks of "the abolition, as between Member States, of obstacles to freedom of movement for persons, services and capital,"

B. whereas, pursuant to Article 7 of the EEC Treaty, without prejudice to any special provisions contained therein, any discrimination on grounds of nationality shall be prohibited,

C. having regard to both the importance for all persons living in the Community of the opening-up of intra-Community borders on 1 January 1993 and the fact that no dispute regarding competence could justify any delay in the opening-up of those frontiers on the scheduled date,

D. whereas, in paragraph 2, second indent of the Commission communication to the Council and to Parliament on abolition of internal border controls, the Commission states "The situation is worrying at all political levels where free movement of individuals is concerned",

E. whereas the powers of the Community are still not being fully utilized if the actions called for in the White Paper have not been proposed or adopted, and whereas the Commission has therefore failed in its duty to protect the interests of the Community,

F. whereas the signing of an agreement on the operation of external borders has been presented as a condition for the application of the Schengen Agreement and for the abolition of controls at internal borders,

G. whereas a sizeable proportion of residents in the European Community have a right of residence in a Member State of the Community but do not have European citizenship; whereas such residents may have lived for many years in the Community, paid taxes and made a valuable contribution to the Community and should not suffer adversely as a result of proposals on the free movement of persons,

1. Considers, in conformity with the Commission communication on the abolition of border controls, that article 8a of the EEC Treaty imposes on the Community, and therefore also on the Member States, an obligation to produce results and that this obligation can only be met if all controls at internal borders are abolished by 1 January 1993;

2. Considers that there is no possible doubt that free movement of goods, persons, services and capital must all be achieved by 1 January 1993 and that there is no possibility to postpone entry into force of one of these four parts;

3. Reminds the Commission, the Council and the Governments that the long standing promise of abolition of internal border controls must be fulfilled; in particular calls upon the Commission to clarify its attitude towards checks designed to ensure that non-EC citizens do not interfere with the rights of free movement of persons within the EC;

4. Takes for granted that by 1 January 1993 all border checks at internal borders will be abolished;

5. Regrets the confusion arising from the different dates set for the entry into force of the various instruments relating to the abolition of controls at internal borders and the harmonization of controls at external borders;

6. Is concerned that an important part of the necessary arrangements and practical measures have apparently not yet been taken;

7. Calls on the Presidency of the Council to inform the European Parliament and the Governments to inform their Parliaments about the measures that will be taken;

8. Calls for urgent Community measures to complete identical sets of documents which are important for all external border and police controls such as passports, identity cards, visas, drivers' licences, residence permits, vehicle identification papers, "fire arms" licences etc.;

9. Calls for urgent measures to improve police co-operation in the field of justice, the exchange of information, taking into account the law on the protection of privacy and wants the possibility of checks, carried out within the EC, thus ensuring that a Europe without frontiers will not become a "criminals' Europe";

10. Calls on the Council to use the appropriate procedures to ensure that throughout the Community, police identity checks take place only where there is a justification in each individual case, and that Community citizens have clear and well-publicized means of redress against wrongful detention;

11. Awaits the following measures:

(a) at airports or seaports: separate entry gates and exit gates for EC citizens to secure entry and exit, within a given time limit for waiting, and without systematic controls;

(b) at all external borders, ports or airports:

- appropriate checks at the external borders in accordance with harmonised control criteria

- the installation of a computer system and programme which makes it possible to exchange information and to identify all categories of people who do not qualify for entry while respecting the necessary data protection principles

- customs co-operation executing the necessary harmonised standard control exercised on non-EC citizens

- the provision of assistance to Member States that need help in order to receive under humane conditions persons forced to seek refuge in the EC to escape from persecution, famine or war;

- the creation of a coordinated European immigration service to ensure the identical application of a harmonised entry policy;

12. Considers that the implementation of these measures (referred to in paragraphs 9 and 12, among others) is subject to the European Parliament's right of information and supervision, and must not be the result of negotiations between the relevant administrative departments of the Commission and the Member States alone;

13. Calls on the Member States to find a solution to make it possible to agree on the external borders convention and to install a Community external borders control;

14. Recalls that in Parliament's opinon all measures relating to the harmonization of controls at the external borders should be adopted as soon as possible as a Directive or a Regulation;

15. Takes the view, moreover, that the European Information System may be set up on the basis of Article 235 of the EEC Treaty, in the same way as REITOX, and that the European Parliament must be informed in full of the activities and decisions of the 'horizontal group';

16. Recalls that the creation of a European Coast Guard would be helpful in order to install an external borders control combatting illegal immigration, illegal import, illegal import of drugs, and helping to check sea transport, and preventing environmental damage;

17. Takes the view that residents from third countries are entitled to apply for the nationality of a Member State under the conditions that are defined by the Member States;

18. Believes that the principle of the free movement of persons, goods, services and capital within the Community must also apply to citizens of third countries legally resident in a Community state;

19. Warns against branding illegal immigrants as criminals and recognizes that the problem of illegal immigration can only be solved in the long term by eliminating the political and economic reasons for which immigrants leave their countries of origin, and not within the EC by stepping up police controls, surveillance and expulsions;

20. Considers that the establishment of the free movement of persons must not lead to a generalized obligation for EC and non-EC citizens to report to the authorities;

21. Calls on the Commission to make use of Article 169 of the EEC Treaty if one or more Member States have failed to fulfil the obligation contained in Article 8a, to deliver a reasoned opinion as soon as possible and to bring the matter before the Court of Justice if the Member State or Member States do not comply with the opinion within the period laid down by the Commission which period, in the opinion of the Parliament, should not be unduly long;

22. Recalls its intention, expressed in its resolution of 9 July 1992 on the completion of the internal market, to institute an inquiry with a view to bringing an action before the Court of Justice pursuant to Article 175 of the Treaty against the Council and the Commission for failure properly to implement the free movement of persons referred to in Article 8a and to take the decisions necessary to that end;

23. Instructs its President to forward this resolution to the Commission and Council, and to the governments of the Member States.