B4-0728, 0754 and 0761/96

Resolution on free movement of persons within the Nordic Passport Union, the European Economic Area and the Schengen countries

The European Parliament,

- having regard to the 1954 Ministerial Agreement establishing a Nordic Passport Union, the 1986 Single European Act, and the 1990 Schengen Convention,

- having regard to Article 7a of the EC Treaty,

- having regard to the agreement on the European Economic Area, in force since 1994, which provides for the free movement of persons,

- having regard to the final communiqué of the Schengen Executive Committee meeting in The Hague on 18 April 1996,

- having regard to the first ministerial meeting of the Schengen member states and the member states of the Nordic Passport Union in The Hague on 18 April 1996,

A. whereas the EC Treaty objective of achieving free movement of persons by 1993 has not been met and whereas there is at present no prospect of agreement thereon in the Council,

B. whereas it is important both to maintain the integrity of the Nordic Passport Union and to consolidate the Schengen area,

C. whereas in its resolution of 13 March 1996 embodying (i) Parliament's opinion on the convening of the Intergovernmental Conference, and (ii) an evaluation of the work of the Reflection Group and definition of the political priorities of the European Parliament with a view to the Intergovernmental Conference ((OJ C 96, 1.4.1996, p. 77.)), Parliament expressly called for a Community dimension to the external aspects of policy on justice and home affairs (visa, asylum and immigration policy, external borders, drug trafficking, fraud and judicial cooperation in civil matters) for greater recourse to Community procedures in respect of police cooperation and cooperation in criminal matters; whereas Parliament also expressly called for codecision to 'be extended to all legislation. Legislation should be dealt with by a qualified majority in the Council',

D. whereas the Commission has submitted three draft directives with a view to marking a fresh stage in implementation of freedom of movement of persons,

E. concerned that, given that not all EU Member States seem to intend to become full parties to the Schengen Agreement, internal obstacles to the free movement of persons may continue to exist within the Union,

F. whereas the Commission takes part in all meetings of the Schengen Executive Committee,

G. whereas the interparliamentary Schengen conference of 8 and 9 December 1995 took the initiative in creating a framework of cooperation between the national parliaments of the countries of the Schengen area, pending the introduction of efficient controls in a Union context,

1. Points out that the Treaty on European Union requires full implementation of free movement of persons and therefore urges the Council and the Commission to take the necessary steps to implement the relevant articles of the Treaty and adopt the relevant legislation; calls on the Council to take a decision as soon as possible, and in accordance with the opinion of the European Parliament, on the three new draft directives concerning freedom of movement of persons which have been submitted by the Commission;

2. Reaffirms that as free movement of persons is one of the four freedoms in the EC Treaty, it must be governed in an EC framework, with judicial review by the European Court of Justice and parliamentary control by the European Parliament;

3. Reiterates its belief that the date of 31 December 1992 was binding for the establishment of the free movement of persons just as it was for the free movement of goods, services and capital;

4. Points out that the entry into force of the so-called flanking measures cannot become a pretext for not implementing Article 7a;

5. Draws attention to the distortions that may arise, and the consequences they may have on the treatment of legal residents moving within the Union, due to the progressive implementation by certain EU Member States of the Schengen Agreement and the cooperation between the Schengen signatories and the Nordic Passport Union;

6. Deplores the lack of parliamentary and judicial scrutiny of the mechanisms governing the freedom of movement of persons currently being implemented;

7. Notes the agreement reached by the Schengen Executive Committee on the observer status granted to the states of the Nordic Passport Union which are also Members of the European Union, namely Denmark, Sweden and Finland, and the will expressed by these countries to become, in the near future, full members of Schengen;

8. Notes the decision taken by the Schengen Executive Committee providing for the signature of a cooperation agreement with Norway and Iceland in the near future, combined with full participation in all proceedings, as well as the will expressed by these two countries to comply with all the provisions of the Schengen Agreement;

9. Insists that the Council and Commission inform and consult Parliament on progress towards free movement of persons on an EU basis, in accordance with their obligations under the Treaties and, for the Commission, under the Code of Conduct of 15 March 1995 negotiated with the European Parliament ((OJ C 89, 10.4.1995, p. 69.));

10. Stresses that integrating the Nordic Passport Union in the Schengen area must not jeopardise giving the requisite Community dimension to the area covered by the third pillar; calls for this problem to be resolved in a democratic way and in compliance with Community law;

11. Takes note of the decision of the interparliamentary Schengen conference of 8 and 9 December 1995 to coordinate parliamentary monitoring of the working of Schengen, pending integration of Schengen in the European Union; calls for members of the parliaments of all the countries of the Nordic Passport Union, and the European Parliament's delegation, to be admitted to this assembly with the status of full members;

12. Takes the view that the Commission, as the guardian of the Treaties and as a Schengen observer, should inform the European Parliament of all developments occurring within the framework of Schengen;

13. Calls on the Council and the Commission to make clear their views on the integration of the Schengen provisions into the Treaty on European Union, without either opening the door to further distortions or endangering the existing agreement with the Nordic Passport Union;

14. Expresses its intention to review these problems in the context of the forthcoming reports by its relevant committees on the abovementioned Commission proposals and on the incorporation of the provisions of the Schengen Convention into a Community framework;

15. Instructs its President to forward this resolution to the Council, the Commission, the Schengen Executive Committee and the governments and parliaments of the EU Member States, Norway and Iceland.