WRITTEN QUESTION E-3185/95 by Arthur Newens (PSE) to the Commission (29 November 1995)

Subject: Schengen Implementation Agreement and the free movement of third country nationals

It appears that some Schengen countries automatically enter a report on any third country national excluded from their territory in the Schengen Information System without considering whether this would affect that person's right to freedom of movement within the remaining EU Member States (e.g. as a spouse of an EU national). As a consequence, the exclusion of such third country nationals from one Schengen country has led to an automatic exclusion from all Schengen countries as from 1 July 1995, even if previously there had been no objection to that person travelling to the other Schengen countries.

Is the Commission aware of such cases and, if so, what steps will it take to prevent such blatant infringements of the right of freedom of movement enjoyed by third country nationals under the EU Treaties caused by the Schengen Treaty?

Supplementary joint answer to Written Questions E-3184/95 and E-3185/95 given by Mr Monti on behalf of the Commission (25 June 1996)

The matters raised by the Honourable Member have been thoroughly examined both by the Schengen Group (on which the Commission has observer status) and as part of the negotiations on the draft Convention on the crossing of the external frontiers of the Member States, ((COM(93) 684; OJ C 11, 15.1.1994. )) which was presented by the Commission pursuant to Title VI of the Treaty on European Union. The Commission is now able to communicate the results of the deliberations.

Within the context of the European Union, the discussions resulted in the adoption of the principle whereby third-country nationals entitled under Community law relating to the free movement of persons are not to be placed on the joint list of foreigners identified in the European information system for purposes of non-admission. After confirming that principle, the text approved by the fifteen Member States states that 'However, (persons entitled under Community law) may be placed on the said list provided that this is compatible with Community law.' It also stipulates that 'If a person who has been placed on the joint list of persons to be refused entry is found to be entitled under Community law, he may be kept on the list only if this is compatible with Community law. Should this not be the case, the Member State which placed the person on the list shall take whatever measures are required to remove him therefrom.'

As regards the joint list of persons to be refused entry that forms part of the Schengen information system, the Schengen Group reproduced in a declaration approved by its Executive Committee on April 18 1996 the text of the solution adopted at Union level.

For its part, the Commission made to the Schengen Executive Committee a declaration similar to that presented during the course of the deliberations at Union level. It declared that placing on the joint list of persons to be refused entry to Union territory a person entitled under Community law is compatible with Community law only if that person is regarded as posing a serious, effective and genuine threat to the public order and safety of each Contracting Party.