A3-0253/93

Resolution on the crossing of the EC external borders

The European Parliament,

-having regard to the Single European Act signed at Luxembourg on 17 February 1986 and at the Hague on 28 February 1986 and having particular regard to Article 8a,

-having regard to the Treaty on European Union signed on 7 February 1992 in Maastricht and having particular regard to Title VI, Articles K1 and K6,

-having regard to the matters discussed at the meeting of the Committee on Civil Liberties and Internal Affairs on 25 January 1993 with the Danish Presidency,

-having regard to the Commission White Paper of 1985 entitled 'Completing the internal market',

-having regard to the matters discussed at the meeting of the Committee on Civil Liberties and Internal Affairs on 1 April 1993 with Commissioner Vanni d'Archirafi,

-having regard to its resolution of 19 November 1992 on the free movement of persons,

-having regard to the motions for resolutions by:

(a)Mr Kostopoulos on an end to discrimination at border and custom controls (B3-1305/92),

(b)Mr Valverde Lopez on the problem of illegal immigration from African countries to those of the EC across Spanish frontiers (B3-1314/92),

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

- having regard to the report of the Committee on Civil Liberties and Internal Affairs (A3-0253/93),

A.whereas the European Parliament has been informed by both the Council and the Commission that agreement on common provisions regulating the crossing of the external borders of the EC is a prerequisite to implementing the free movement of persons within the EC, and whereas, owing to the attitude of the Council and Commission, it has proved impossible to reach any form of agreement on the crossing of borders,

B.whereas under the terms of its 1985 White Paper on completing the internal market, the Commission was to have submitted a proposal for a directive on the crossing of EC external borders, and whereas the Council should have taken a decision by 31 December 1992,

C.whereas the Ministers with responsibility for immigration have had a draft convention on the crossing of EC external borders prepared for agreement since 24 June 1991,

D.whereas Member States' governments declare that the only issue still unresolved is the status of Gibraltar and Gibraltar airport within the terms of the draft convention,

E.whereas the "fourth Freedom", that of the free movement of persons within the EC, is indivisible from the freedom of movement of goods, services and capital in the Single Market,

1.Reaffirms its commitment to the establishment of the free movement of persons within the EC;

2.Protests strongly at the inertia of the Commission and Council and considers that they have signally failed to meet the obligations devolving on them under the Treaty;

3.Rejects the assertion that a Treaty commitment can be deferred indefinitely because of failure to ratify an inter-governmental convention; in preventing in this way the fulfilment of their Community obligations, the Member States are repudiating Article 5 of the EEC Treaty;

4.Takes note of the provisions of the external borders convention which will be implemented in compliance with the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and the Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees;

5.Points out that, once the Maastricht Agreement has come into force, the European Parliament will be regularly informed by the Council and Commission about discussions on this question, will be consulted and have its views duly taken into consideration, will be able to ask questions of the Council and make recommendations to it, and will hold an annual debate on the implementation of the relevant provisions, and recalls its keen interest in seeing the successful conclusion of the plan to enlarge the Community's powers and responsibilities to include the issue of external borders when the Treaty is revised in 1996;

6.Proposes that the disputed status of Gibraltar and of Gibraltar airport should be temporarily excluded from the issue of the free movement of persons;

7.Calls on the Council to address the Parliament's proposals at the earliest opportunity and to respond to the relevant Committee;

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