B3-1019, 1044 and 1048/93

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

The European Parliament,

-having regard to its resolutions of 9 July 1992 on the completion of the internal market (in particular paragraph 31) and 19 November 1992, 11 February 1993 and 25 May 1993 on the free movement of persons,

A.whereas immigration matters should not constitute an obstacle to the free movement of persons, as these are two separate issues,

B.whereas the Intergovernmental Conference on drafting the Single European Act reflected a determination that the decisions needed for the completion of the single market defined in Article 8a of the EEC Treaty should be taken before 1 January 1993, in particular the decisions needed in order to implement the Commission programme set out in the White Paper on the internal market,

C.whereas 1 January 1993 should have marked the effective entry into force of the free movement of persons within the Community, as a corollary to the completion of the internal market,

D.whereas questions of immigration at Community level should not constitute an obstacle to the free movement of persons, as this problem should be solved by specific and appropriate provisions at Community level,

E.whereas the objectives laid down in Articles 3(c) and 8a of the EEC Treaty concerning freedom of movement for persons have not been attained in the form and within the deadlines specified,

F.whereas the failure of governments to comply with provisions to which they are signatories, as far as Article 8a is concerned, is another indication of the democratic deficit in the Community,

1.Regrets that on 1 January 1993 the free movement of persons was still held up by barriers within the Community;

2.Calls on the Commission to use every means at its disposal to ensure that this fundamental principle is respected;

3.Instructs its President to institute the proceedings provided for in Article 175 of the EEC Treaty against the Commission, taking into account the opinions formulated by the relevant committees, in application of paragraphs 4 and 5 of its above-mentioned resolution of 25 May 1993;

4.Calls on the appropriate Ministers of the Member States to give the necessary instructions to their national administrations to ensure that Article 8a of the Treaty is implemented;

5.Points out that, besides the problem of the application of Article 84, there remains the problem of checks at the external frontiers;

6.Reaffirms that the question of freedom of movement of persons in the EC and the abolition of internal borders is one which must be dealt with at Community, not intergovernmental, level;

7.Instructs its President to forward this resolution to the Council, the secretariat of the ad hoc immigration group, the Ministers of the Member States responsible for immigration, the Commission and the governments and parliaments of the Member States.