Proposal for a Council Directive on the elimination of controls on persons crossing internal frontiers (95/C 289/10) (Text with EEA relevance) COM(95) 347 final - 95/0201(CNS)

(Submitted by the Commission on 24 August 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Having regard to the opinion of the Committee of the Regions,

Whereas Article 7a of the Treaty provides for the establishment of the internal market, which is to comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaty;

Whereas the establishment of the internal market consequently calls for the abolition of all controls and formalities for persons crossing internal frontiers; whereas, in this context, seaports and airports stand apart, as they serve both traffic with other Member States and traffic with non-member countries; whereas application of the freedom-of-movement principle should nevertheless result in the elimination of controls and formalities for persons taking an intra-Community flight or making an intra-Community sea crossing;

Whereas the Community and the Member States have decided to take the measures they deem essential for eliminating the underlying reasons for the application of frontier controls and formalities under national law;

Whereas the relevant accompanying measures have been introduced satisfactorily;

Whereas, in order to fulfil the clear and unconditional obligation enshrined in Article 7a, and in the interest of legal certainty, it is necessary in these circumstances to confirm that frontier controls and formalities within the Community are to be abolished;

Whereas this Directive should relate both to controls or formalities applied by public authorities and to those applied by other persons under national rules;

Whereas it is necessary to stipulate the conditions in which a Member State may temporarily reinstate controls at internal frontiers in the event of a serious threat to public policy or public security,

HAS ADOPTED THIS DIRECTIVE:

Article 1

1. All persons, whatever their nationality, shall be able to cross Member States' frontiers within the Community at any point, without such crossing being subject to any frontier control or formality.

2. The elimination of controls and formalities for persons crossing internal frontiers shall not affect the exercise of the law-enforcement powers conferred on the competent authorities by the legislation of each Member State over the whole of its territory, nor any obligations to possess and carry documents which are laid down by its legislation.

Article 2

1. A Member State may, in the event of a serious threat to public policy or public security, reinstate controls at its frontiers within the Community for a period of not more than 30 days. Any Member State taking such action shall immediately notify the Commission and the other Member States, supplying them with all the appropriate information.

2. Where the serious threat to public policy security lasts longer than 30 days, the Member State concerned may maintain the controls at its frontiers within the Community for renewable periods of not more than 30 days. Each renewal shall be decided after the other Member States and the Commission have been consulted.

At the Member State's request, the Commission and the other Member States shall treat in confidence the information it supplies to justify maintaining these controls.

3. The controls referred to in paragraphs 1 and 2 and the length of the period during which they are applied shall not exceed what is strictly necessary to respond to the serious threat.

Article 3

For the purposes of this Directive:

1. 'a Member State's frontier within the Community` means:

- the Member States' common land frontiers, including the rail or road terminals for links by bridge or tunnel between Member States,

- their airports for intra-Community flights,

- their seaports for intra-Community sea crossings;

2. 'intra-Community flight` means the movement of an aircraft between two Community airports, without any stopovers, and which does not start from or end at a non-Community airport;

3. 'intra-Community sea crossing` means the movement between two Community ports, without any intermediate calls, of a vessel plying regularly between two or more specified Community ports;

4. 'frontier control or formality` means:

- any control applied, in connection with or on the occasion of the crossing of an internal frontier, by the public authorities of a Member State or by other persons, under the national legislation of a Member State,

- any formality imposed on a person in connection with the crossing of an internal frontier and to be fulfilled on the occasion of such crossing.

Article 4

No later than two years after implementation of this Directive, and every three years thereafter, the Commission shall report on its application to the European Parliament, the Council, the Economic and Social Comittee and the Committee of the Regions.

Article 5

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1996. They shall immediately inform the Commission thereof and shall also transmit to it a table showing the correlation between each of the provisions of this Directive and the relevant provisions of national law, irrespective of whether these predate this Directive or are approved for the specific purpose of transposing it.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

Article 6

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

Article 7

This Directive is addressed to the Member States.