B3-0662/93

Resolution on free movement of persons pursuant to Article 8a of the EEC Treaty

The European Parliament,

-having regard to the Commission communication to the Council and Parliament on the abolition of border controls (SEC(92)0877),

-having regard to its resolutions of 9 July 1992 on the completion of the internal market and of 19 November 1993 on the removal of intra-Community border controls and the free movement of persons in the EC,

-having regard to its resolution of 18 December 1992 on the Seventh Report of the Commission to the Council and the European Parliament on the implementation of the White Paper on the completion of the Internal Market,

-having regard to the conclusions of the presidency of the European Council in Edinburgh on 11 and 12 December 1992,

-having regard to the statements made by the Commission on 1 April 1993 to the Committee on Civil Liberties and Internal Affairs and during the April 1993 part-session,

-having regard to Articles 3, 5, 7, 8a, 8b, 48-51, 52-58, 59-66, 100, 100a, 155, 169, 173, 175, 177, 228, 235 and 238 of the EEC Treaty,

-having regard to the Single European Act,

A.whereas Article 3(c) of the EEC Treaty lays down the principle of the 'abolition, as between Member States, of obstacles to freedom of movement', particularly for persons,

B.whereas Article 7 of the EEC Treaty prohibits any discrimination on grounds of nationality, without prejudice to any special provisions contained in that Treaty,

C.whereas Article 8a of the EEC Treaty states that, with effect from 31 December 1992, an area without internal frontiers shall be created in which the free movement of persons is ensured,

D.whereas checks on Community citizens at the internal borders did not disappear on 1 January 1993,

E.whereas more than 8 million third-country citizens, resident in the Community, require visas in almost every Member State and are obliged to complete lengthy formalities, revealing personal information such as their income over the last six months, etc., simply in order to travel from one Member State to another,

F.whereas, according to the Commission, a large number of border checks are still being carried out - on citizens of Member States as well as on third-country nationals - at airports and internal Community borders, and will probably continue throughout 1993,

G.whereas, while the Council and the Commission are aware of the need to take appropriate measures to ensure the free movement of persons in accordance with Article 8a of the EEC Treaty (cf. Commission White Paper, Palma document and various European Parliament resolutions), the measures they have actually taken fall far short of what is needed to achieve this objective,

H.whereas it is not satisfied by the recent statement by the Commission,

I.whereas it considers that it is unsatisfactory that it has not been informed by the Council of the steps taken to ensure the totally free movement of persons across internal frontiers,

1.Asks the Commission once again to use all the possibilities of Articles 8a and 235 of the EEC Treaty to harmonize, if necessary, all aspects of free movement of persons across internal frontiers;

2.Asks the Commission to make use of its powers under Article 169 where necessary;

3.Requests the Member States to comply with their obligations under Article 5 of the EEC Treaty;

4.Instructs its committees responsible:

(a)to make a full assessment of the statement made by the Commission;

(b)to conclude the deliberations with a view to instituting proceedings pursuant to Article 175, first and second paragraphs, of the EEC Treaty as quickly as possible;

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