19.2.85 Official Journal of the European Communities No C 47/5 
II 
(Preparatory Acts) 
COMMISSION 
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(84) 749 final 
(Submitted by the Commission to the Council on 23 January 1985) 
(85/C 47/06) 
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 Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
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; 
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; 
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; 
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; 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; 
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; 
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; 
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; 
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 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 
No C 47/6 Official Journal of the European Communities 19.2.85 
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, 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 of a temporary nature in 
exceptional and specific cases, in particular for 
security purposes. 
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 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. 
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. 
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. 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 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). 
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. 
19.2.85 Official Journal of the European Communities No C 47/7 
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. 
TITLE III 
Border crossing at airports and ports 
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. 
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. 
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. 
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). 
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 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). 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. 
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). 
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 intra-
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.