B3-171 and B3-200/94/RC1

Resolution on the Schengen Agreements

The European Parliament,

-having regard to Articles 3, 5, 7, 8a, 100, 100a, 169, 175 and 235 of the EC Treaty,

-having regard to the Commission proposals contained in the White Papers of 1985 and 1987,

-having regard to the political declaration on the free movement of persons annexed to the Single European Act,

-having regard to the Commission's work programme for 1989, in particular the implementation of Article 8a of the EC Treaty,

-having regard to the Commission's seventh report to the Council and European Parliament concerning the implementation of the White Paper on the internal market,

-having regard to its action before the Court of Justice, pursuant to Article 175 of the EC Treaty, against the Commission for failure to act under Article 7a of that Treaty,

A.whereas Community initiatives and decisions are necessary in order to guarantee effective implementation of the free movement of persons within the Union,

B.whereas implementation of the Schengen agreements has been systematically delayed and those agreements, although intergovernmental agreements, have been the only instruments at which the Commission has directed its entire strategy,

1.Notes the fact that the application of the Schengen Convention from 1 February 1994 has been postponed - the fourth time that a starting date has not been met;

2.Calls on the governments of the Schengen countries to establish forthwith effective practical cooperation and coordination between national law enforcement agencies, backed up by bilateral and multilateral mutual support arrangements; requests that all necessary steps be taken to solve the outstanding technical questions;

3.Points out that the history of the Schengen Agreements of 1985 and 1990 proves the inadequacy of the purely intergovernmental procedure; calls, therefore, for speedy and effective implementation of the third pillar on the basis of an interinstitutional agreement between Parliament, Council and Commission that remedies the democratic deficit in the field of justice and home affairs;

4.Reaffirms that the question of the free movement of persons in the Union and the elimination of internal borders is a matter for the Community and forms an integral part of the internal market;

5.Requests the Commission to take as soon as possible any general or specific measures necessary to guarantee fulfilment of the obligations arising under the Treaty;

6.Calls on the Commission to take short-term measures to remedy the delay in the effective implementation of the free movement of persons within the Union, while taking account of the requirements of security which have a bearing on the effective elimination of internal borders and of efficient control at external borders;

7.Instructs its President to forward this resolution to the Council, the Commission, the Presidency of the Schengen Group and the governments and parliaments of the Member States.