30.5.85 Official Journal of the European Communities No C 131/5 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 2969/83 is hereby amended as 
follows: 
1. In Article 2, '30 November 1983' is replaced by 
'1 April 1985' and the following sentence is added: 
'However, farmers may receive aid on one occasion 
only.' 
2. The following phrase is added to Article 3 (1): 'or an updating of such programme submitted by the 
Italian Government before 1 June 1985 and approved 
by the Commission.' 
Article 2 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Amendment to the proposal for a Council Directive on the easing of controls and formalities 
applicable to nationals of the Member States when crossing intra-Community borders (') 
COM(85) 224 final 
(Submitted by the Commission to the Council under Article 149 (2) of the EEC Treaty on 7 May 
1985) 
(85/C 131/06) 
The Commission amends its proposal as follows: 
ORIGINAL TEXT AMENDED TEXT 
Proposal for a Council Directive on the easing of 
controls and formalities applicable to nationals of the 
Member States when crossing intra-Community borders Proposal for a Council Directive on the first stage of the 
abolition of controls and formalities applicable to 
nationals of the Member States when crossing intra-
Community borders 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic 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, Unchanged 
Whereas it is vitally necessary that the Community 
should respond to the expectations of the peoples of 
Europe by adopting measures to enhance and promote 
its ideal and image in the minds of its inhabitants; Unchanged 
(') OJNoC 47, 19.2. 1985, p. 5. 
NoC 131/6 Official Journal of the European Communities 30.5.85 
ORIGINAL TEXT AMENDED TEXT 
Whereas, on 23 June 1981, the representatives of the 
Governments of the Member States of the European 
Communities, meeting within the Council, adopted a 
resolution considering that the establishment of a 
passport of uniform design is likely to facilitate the 
movement of nationals of the Member States; Unchanged 
Whereas, on 7 June 1984, the Council and the rep­
resentatives of the Governments of the Member States of 
the European Communities, meeting within the Council, 
adopted a resolution on the easing of border controls on 
persons; Unchanged 
Whereas at its meeting in Fontainebleau on 25 and 26 
June 1984 the European Council, concerned about this 
subject, decided in particular to set itself the goal of 
abolishing all police and customs formalities at intra-
Community borders for the movement of persons, and 
requested the Council and the Member States to reach a 
result on the matter before the end of the first half of 
1985; Unchanged 
Whereas any measure in the direction of bringing into 
effect a Europe of the people corresponds to a real need 
expressed in particular by the European Parliament on 
numerous occasions; Unchanged 
Whereas Article 3 (c) of the Treaty stipulates that the 
activities of the Community shall include the abolition, 
as between Member States, of obstacles to freedom of 
movement for persons; whereas agreements already exist 
between certain Member States in the field of abolition 
of border controls; Unchanged 
Whereas in spite of the limits which remain in existence 
for tax-free allowances for travellers, the amount of 
these allowances and the degree of integration already 
realized in the Community no longer justify that controls 
on goods carried by travellers which take place at 
borders within the Community should be of the same 
nature or the same intensity as those carried out at 
borders with third countries; Unchanged 
Whereas the establishment of a rule of free passage for 
Member State nationals with the possibility, where 
necessary and in addition to spot checks, of more 
stringent controls of a temporary nature in specific and 
exceptional cases, in particular for security reasons, does 
not preclude the protection of the legitimate interests of 
the Member States with regard to internal security 
matters; Unchanged 
Whereas police and customs controls at intra-
Community borders should be at the same level, and as 
low a level as possible, whatever the mode of transport 
used; Whereas police and customs controls and any other 
controls of a similar nature (health and other controls) at 
intra-Community borders should be at the same level, 
and as low a level as possible, whatever the mode of 
transport used; 
30.5.85 Official Journal of the European Communities No C 131/7 
ORIGINAL TEXT AMENDED TEXT 
Whereas the total abolition of the controls and 
formalities in question requires the achievement, in 
parallel, of certain basic preconditions, such as the 
harmonization of legislation concerning foreigners and 
of policy matters connected with issuing visas, the 
strengthening of cooperation in matters of public 
security, or further fiscal harmonization; whereas in the 
interim period until the controls and formalities in 
question have been completely eliminated, it is possible 
to carry out a policy of progressive elimination by, at the 
same time, ensuring closer cooperation between the 
competent authorities of the Member States and an 
intensification of controls on persons at the Community's 
external frontiers; Whereas the total abolition of the controls and 
formalities in question requires the achievement, in 
parallel, of certain basic preconditions, such as the 
harmonization of legislation concerning foreigners and 
of policy matters connected with issuing visas, general 
recognition of the visas issued by the Member States, the 
strengthening of cooperation in matters of public security 
or further fiscal harmonization particularly as regards 
value added tax and excise duty; whereas a voluntary 
policy of facilitating controls and formalities can 
constitute a powerful incentive for the various types of 
harmonization mentioned here, which form a specific 
objective whose attainment is highly desirable; whereas in 
the interim period until the controls and formalities in 
question have been completely eliminated, it is possible 
to carry out a policy of progressive elimination by, at the 
same time, ensuring closer cooperation between the 
competent authorities of the Member States and an 
intensification of controls on persons at the Community's 
external frontiers; 
Whereas the Commission and the Member States must 
collaborate closely in the introduction of measures to 
facilitate the realization of.the objectives sought by this 
Directive and, in a second stage, in seeking means of 
enabling the controls relating to the movement of 
persons to be concentrated at the external frontiers of 
the Community, so that all controls or formalities 
concerning both persons and goods carried by persons 
should then be abolished at intra-Community borders; Unchanged 
HAS ADOPTED THIS DIRECTIVE: 
TITLE I 
General 
Article 1 
This Directive lays down the conditions for easing the 
controls and formalities to which nationals of the 
Member States may be subjected at intra-Community 
borders. Article 1 
This Directive lays down a number of conditions for 
progressively abolishing before 1992 the controls and 
formalities to which nationals of the Member States may 
be subjected at intra-Community borders. 
Article 2 
1. The facilities provided for in this Directive apply to 
Member State nationals crossing an intra-Community 
border who comply with the provisions concerning both 
the movement of persons and the movement of goods 
and in particular as regards the value or quantities of 
goods admitted free of taxes. Article 2 
1. The measures provided for in this Directive apply 
to Member State nationals crossing an intra-Community 
border who comply with the provisions concerning both 
the movement of persons and the movement of goods 
and in particular as regards the value or quantities of 
goods admitted free of taxes. 
2. Within the meaning of this Directive and except 
where otherwise specified, controls and formalities mean 
all the controls and formalities applicable to the intra-
Community movement of persons and goods carried by 
them, excluding any carriage of a commercial nature. 2. Within the meaning of this Directive (five words 
deleted), controls and formalities mean all the controls 
and formalities applicable to the intra-Community 
movement of persons and goods carried by them, 
including currency but excluding any carriage of a 
commercial nature. 
NoC 131/8 Official Journal of the European Communities 30.5.85 
ORIGINAL TEXT AMENDED TEXT 
Article 3 
Member States shall take the measures necessary for the 
controls and formalities applicable to Member State 
nationals fulfilling the conditions referred to in Article 2 
(1) and presenting themselves at the border between two 
Member States to be operated according to the principle 
of free passage, whatever the mode of transport used. Article 3 
Unchanged 
Article 4 
This Directive shall not prevent Member States from: 
— carrying out spot checks on Member State nationals 
fulfilling the conditions referred to in Article 2 (1), in 
so far as such spot checks, to be carried out either at 
the border crossing point or within a frontier zone of 
15 kilometers from the border, measured as the crow 
flies, shall affect only a minimal proportion of 
persons for each border crossing point between one 
Member State and another; 
— carrying out controls (x) of a temporary nature in 
exceptional and specific cases, in particular for 
security purposes. New Article 3 (a) 
Where persons present themselves on leaving a Member 
State in order to enter another Member State, the 
principle of free passage referred to in Article 3 shall 
allow them to cross the border without controls. This 
shall not apply to security checks in airports. 
Article 4 
Unchanged 
However, this option must not lead to an increase in the 
number of mobile units, which would be equivalent to 
relocating rather than abolishing border controls. 
With regard to the spot checks referred to in the first 
indent above, the Member States shall inform the 
Commission of the conditions in which these checks are 
carried out. As far as more intensive controls are 
concerned, they shall inform the Commission as soon as 
possible after each operation. 
TITLE II 
Crossing of borders by road 
Article 5 
Where persons present themselves at the border between 
two Member States on board private vehicles, the 
principle of free passage referred to in Article 3 shall 
permit the said vehicle to cross the border at a reduced 
speed in order to enable the authorities responsible for 
the controls to carry out a simple visual check without 
requiring the vehicle to stop, except in specific cases. Article 5 
1. Unchanged 
(]) The English text of this proposal should have read 'carrying 
out more intensive controls', . . . 
30. 5. 85 Official Journal of the European Communities No C 131/9 
ORIGINAL TEXT AMENDED TEXT 
Article 6 
In order to facilitate the application of Article 5 by the 
competent authorities, Member State nationals fulfilling 
the conditions referred to in Article 2(1) may present, in 
particular by affixing it to the windscreen of their 
vehicle, a disc measuring at least 8 centimetres in 
diameter bearing the letter E on a green background. 
The use of this disc shall be equivalent to a declaration 
by the driver of the vehicle that all the persons 
transported in that vehicle are Member State nationals 
and comply with the conditions referred to in Article 
2(1). 2. The same shall apply mutatis mutandis to citizens of 
a Member State of the Community crossing the border 
on foot or by any other mode of transport. 
3. Local speed restrictions shall be indicated clearly 
and in good time. 
4. As far as possible, signs bearing the inscription 
'customs' shall be removed at crossing points between 
Member States. 
Article 6 
1. In order to facilitate the application of Article 5, the 
Member States shall, wherever technically possible, set up 
two separate channels at borders: one for citizens of a 
Member State of the Community fulfilling the conditions 
of free passage referred to in Article 2 (1) and the other 
for those not fulfilling the conditions referred to in 
Article 2 (1). 
2. Furthermore, Member State nationals fulfilling the 
conditions referred to in Article 2 (1) may present, in 
particular by affixing it to the windscreen of their 
vehicle, a disc measuring at least 8 centimetres in 
diameter bearing the letter E on a green background. 
The use of this disc shall be equivalent to a declaration 
by the driver of the vehicle that all the persons 
transported in that vehicle are Member State nationals 
and comply with the conditions referred to in Article 
2(1). 
3. The Member States shall supply the disc referred to 
in this Article free of charge to nationals of all the 
Member States. 
Article 7 
Member States shall make all necessary arrangements so 
that in the event of a vehicle being subjected to controls, 
the passage of the following vehicles is not hampered. Article 7 
Unchanged 
Article 8 
Member States shall make all arrangements so that 
wherever technically possible there shall be only one 
checkpoint for the two adjacent Member States in each 
direction of traffic. Article 8 
Unchanged 
TITLE III 
Border crossing at airports and ports 
Article 9 Article 9 
1. Where persons present themselves at an airport or 
port on arrival in another Member State, the principle of 
free passage referred to in Article 3 shall allow them to 
cross the border without controls. Unchanged 
NoC 131/10 Official Journal of the European Communities 30.5.85 
ORIGINAL TEXT 
2. In order to facilitate the application of paragraph 1 
the Member States shall, at airports and ports open to 
international passenger traffic and having a certain level 
of traffic, establish channels designated by green or red 
signs. AMENDED TEXT 
Unchanged 
3. In cases where the controls on the movement of 
persons and those on the movement of goods carried by 
those persons do not take place simultaneously, the 
selection of a green channel as referred to in paragraph 2 
shall be equivalent to a declaration by the person 
concerned that: 
— he is a Member State national, if the channel 
concerns the movement of persons, 
— he fulfils the conditions laid down in Article 2 (1), if 
the channel concerns the movement of goods carried 
by those persons. Unchanged 
4. In cases where the controls referred to in paragraph 
3 take place simultaneously, the selection of' a green 
channel as referred to in paragraph 2 shall be equivalent 
to a declaration by the person concerned that he is a 
Member State national and fulfils the conditions laid 
down in Article 2(1). Unchanged 
Article 10 
Where there are no green or red channels as referred to 
in Article 9 (2), the mere presentation, shut, by the 
person concerned, at his own initiative, of this passport 
or national identity card issued by a Member State shall, 
in the absence of any other indication by the person 
concerned, be equivalent to a declaration that he is a 
Member State national and fulfils the conditions laid 
down in Article 2(1). Deleted 
TITLE IV 
Border crossing on board international trains and coaches 
Article 11 
1. When private individuals cross a border between 
two Member States on board international trains or 
coaches, the principle of free passage referred to in 
Article 3 shall allow them to cross the said border 
without being controlled. Becomes Article 10 
Unchanged 
2. In order to facilitate the application of paragraph 1 
by the competent authorities, the mere presentation, 
shut, by the person concerned, at his own initiative, of 
his passport or national identity card, issued by a 
Member State, shall, in the absence of any other 
indication by the person concerned, be equivalent to a 
declaration that he is a Member State national and fulfils 
the conditions laid down in Article 2 (1). Unchanged 
30. 5. 85 Official Journal of the 
ORIGINAL TEXT 
TITLE V 
Final provisions 
Article 12 
This Directive shall not preclude the application of more 
favourable provisions for Member State nationals, in 
particular those laid down in the framework of frontier 
traffic or resulting from agreements between certain 
Member States. 
Article 13 
Member States shall provide the Commission with all 
information necessary to enable the latter to present a 
report to the Council every two years, the first no later 
than 1 July 1987, on the application of this Directive 
with a view to examining the means of achieving total 
abolition of all controls at inter-Community borders on 
Member State nationals fulfilling the conditions laid 
down in Article 2(1). 
Article 14 
Member States shall, after consultation with the 
Commission, bring into force the provisions laid down 
by law, regulation or administrative action necessary to 
comply with this Directive by 1 July 1985 at the latest. 
Each Member State shall send to the Commission the 
text of the provisions it adopts for the purpose of 
applying this Directive. 
Article 15 
This Directive is addressed to the Member States. >ean Communities No C 131/11 
AMENDED TEXT 
TITLE V 
Other types of border crossing 
Article 11 
In all instances not covered by Articles 5 to 10, the mere 
presentation, shut, by the person concerned at his own 
initiative, of his passport or national identity card, issued 
by a Member State, shall, in the absence of any other 
indication by the person concerned, be equivalent to a 
declaration that he is a Member State national and fulfils 
the condition laid down in Article 2 (1). 
TITLE VI 
Final provisions 
Article 12 
Unchanged 
Article 13 
In order to implement this Directive the Member States 
shall consult each other to exchange information on their 
experiences. They shall provide the Commission with all 
the information it needs to carry out its task of coordi­
nation and to enable it to present a report to the Council 
every two years, the first no later than 1 July 1987, on 
the application of this Directive with a view to examining 
the means of achieving the gradual abolition of all 
controls at intra-Community borders on Member State 
nationals fulfilling the conditions laid down in Article 2 
(!)• 
Article 14 
Unchanged 
Article 15 
Unchanged