Amended proposal for a COUNCIL DIRECTIVE on the right of third-countz nationals to travel in the Community
Date: 1997-03-20
Institutions: European Commission
Subjects: foreign national, free movement of persons, internal border of the EU, residence permit

COMMISSION OF THE EUROPEAN  COMMUNITIES 

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Brussels,  20.03.1997 
COM(97)106  final 

95/0199 (CNS) 
95/0201  (CNS) 

Amended proposal for a 
COUNCIL DIRECTIVE 

on the right of third-country nationals to travel in the Community 

Amended proposal for a 
COUNCIL DIRECTIVE 

on the elimination of controls on persons crossing internal  frontiers 

(presented by the Commission pursuant to Article  189a(2) 
of the EC Treaty) 

Explanatory memorandum 

1. 

On  24  August  1995  the  Commission  presented  -  jointly  -  three  proposals  for 
Directives  relating  to  the free movement  of  persons  within  the  Community.  To  be 
more precise, the first proposal concerns the right of third-country nationals to travel in 
the  Community1  and  the  second  concerns  the  elimination  of  controls  on  persons 
crossing  internal  frontiers,2  while  the  third  amends  Directives  68/360/EEC  and 
73/148/EEC  on the  abolition  of  restrictions  on movement  and  residence  within the 
Community for certain categories of nationals of Member States and their families.3 

On  23  October  1996 Parliament  adopted  for  each  proposal  a  legislative  resolution 
endorsing the proposal and setting out a number of amendments. 

The  present  amended  proposals  concern  two  of  the  three  proposals,  viz.  the  one 
relating to  the right to  travel  of third-country  nationals  and  the  one relating  to  the 
elimination of controls. These new proposals incorporate the amendments accepted by 
the Commission during discussions with Parliament. 

The  third  proposal,  which  adapts  existing  secondary  legislation  on  movement  in 
Member  States for  citizens of the Union and their families,  is not  the  subject  of an 
amended  proposal  since the  Commission  has not  taken  up  any  of the  amendments 
proposed by Parliament. 

2. 

The amendments to the two proposals which have been accepted by the Commission 
fall into two categories: 

(i) 

those which, according  to  Parliament,  usefully  supplement  the  arrangements 
laid down in the proposals: 

in  the  case  of  the  proposal  on  the right to  travel,  one  amendment 
inserts  a  new  recital  providing  for  equality  of  treatment  regarding 
declaration  of  their  presence  in  a  Member  State  as  between 
beneficiaries of the right to travel and citizens of the Union. A further 
amendment includes among the categories excluded from the scope of 
the Directive and listed in Article 1 persons exercising lucrative or non-
lucrative  activities.  There  is  also  an  amendment  that  inserts  a  new 
Article  5a  imposing  in  an  expedient  manner  a  clear  obligation  on 
beneficiaries of the right to travel (namely, to leave the Member State 
should  they  no  longer  satisfy  the  conditions  enabling them to  reside 
temporarily in that Member State); 

OJ No C 306, 17. 11.1995, p. 5; COM(95) 346 final - CNS 95/0199. 
OJ No C 289, 31.10.1995, p. 16; COM(95) 347 final - CNS 95/0201. 
OJ No C 307, 18.11.1995, p. 18; COM(95) 348 final - COD 95/0202. 

I 

in the case of the proposal  on the elimination of  controls  on persons, 
two  amendments  concerning  Article  3  are  designed  to  improve  the 
definitions  of  'intra-Community  flight'  and  'intra-Community  sea 
crossing'  in  order  to  align  them  on  those  laid  down  within  the 
framework  of  the  draft  Convention  on  the  crossing  of  the  external 
frontiers  of the Member States and within the Schengen Convention; 

(ii) 

those  which,  according  to  Parliament,  will  confirm  the  Community  bases  for 
the two proposals: 

one  amendment  inserts  into  a new first recital  a reference  to  Article 
3(d)  of  the  EC  Treaty,  which  thus  more  closely  integrates  the 
proposals into the framework of the internal market; 

another  amendment  inserts  the  date  of  31  December  1992  alongside 
the reference to  Article  7a of the EC Treaty in the first recital  of the 
Commission's initial proposals. 

Amended proposal for a 
COUNCIL DIRECTIVE 

on the right of third-country nationals to travel in the Community 

Text proposed by the Commission 
COM(95) 346 final - 95/0199(CNS) 
JO n°C  306 of 17.11.95 p. 5-8 

Amendments by the Parliament 
(unchanged unless mentioned below) 

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 
Parliament, 

regard 

to 

the  opinion  of 

the  European 

Having  regard 
Social  Committee, 

to  the  opinion  of  the  Economic  and 

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

Whereas  Article  3  of  the  Treaty  provides  for  an 
internai  market  characterised,  inter  alia,  by  the 
abolition,  as  between  Member  States,  of  obstacles 
to  the  free  movement  of  persons  and  measures 
concerning  the  entry  and  movement  of  persons  in 
the internal market; 

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

in  which 

frontiers 

internal 

the 

Whereas  Article  7a  of  the  Treaty  provided  for  the 
establishment  bv  31  December  1992  of  an  internal 
to  comprise  an  area  without 
market, 
internal 
in  which  the  free  movement  of  good, 
frontiers 
persons,  capital 
in 
accordance  with  the provisions  of the  Treaty; 

is  ensured 

services 

and 

in  order 

Whereas 
to  achieve  this  objective  Member 
Sûtes  will  have  to  allow  third-country  nationals  who  are 
lawfully 
in  the  territory  of  another  Member  State  to 
enter  their  territories  for  short  stays;  whereas  if  there 
were  no  such  right  to  travel  each  Member  State  would 
have  to  consider  the  fact  that  there  were  people  in  other 
Member  States  who  were  not  entitled 
its 
territory,  which  might  be  an  argument  for  maintaining 
controls  at  internal  frontiers; 

to  enter 

H-

Whereas  in  principle  the  registration  of  third-
country  nationals  exercising  their  right  to  travel 
stringent 
should 
requirements  than  those  applying 
in  comparable 
situations  to  EU  citizens: 

to  more 

no!  be. 

subject 

Whereas  the  approximation  of  Member  States'  laws  on 
:his  question  directly  affects  the  establishment  and  func 
tioning  of  the  internal  market; 

Whereas  the  issue  of  a  residence  permit  by  a  Member 
State  to  a  third-country  national,  whereby  the  latter  is 
authorized  to  live  in  that  State,  is  an  act  surrounded  by 
sufficient  safeguards  for  the  other  Member  States  no 
longer  to  need  to  subject  the  person  concerned  to  the 
requirement  that  he  obtain  a  visa  in  advance  from  their 
own  authorities  and  hence  for  them  to  grant  him  the 
right  to  travel;  whereas,  in  any  event,  each  Member 
State  may  expel  the  person  concerned  to  the  Member 

State  which  issued  the  residence  permit,  which  is  obliged 
to  readmit  him,  if  he  stays  unlawfully  in  its  territory,  if 
he  does  not  fulfil  the  conditions  governing  the  right  to 
travel,  or  if  he  represents  a  threat  to  public  order  or 
international 
public  security  in  that  State,  or  to  its 
relations; 

Whereas,  where  a  third-country  national  who  is  not 
resident  in  the  Community  is  in  possession  of  a  visa 
issued  by a  Member  State  which  permits  him  to  cross  the 
external  frontiers  of  all  the  Member  Sûtes  by  virtue  of 
its  being  valid  throughout  the  Community  and  mutually 
recognized  by  the  Member  States  for  that  purpose,  each 
Member  State  enjoys  sufficient  safeguards  for  it  to  grant 
the  person  concerned  the  right  to  travel;  whereas  the 
same  right  must  a fortiori  be  granted  to  third-country 
nationals  who  may  cross  the  external  frontiers  without 
being  subject  to  a  visa  requirement;  whereas,  in  any 
event,  each  Member  State  is  entitled  to  expel  a  third-
country  national  if  he  does  not  fulfil 
the  conditions 
governing  the  right  to  travel  or  if  he  represents  a  threat 
to  public  order  or  public  security  in  that  State,  or  to  its 
international  relations; 

Whereas  persons  who  exercise  the  right  to  travel  should 
not  become  a  burden  on  the  social  assistance  system  in 
the  Member  States  they  visit;  whereas  the  right  should 
therefore  be  subject  to  the  condition  that  such  persons 
have  sufficient  resources  to  undertake  the  trip; 

Whereas  this  Directive  forms  part  of  a  general  body  of 
Community  and  national  provisions  governing  the  legal 
position  of  third-country  nationals  in  the  Member  States; 
whereas  the  scope  of  this  Directive  should  accordingly 
be  precisely  defined, 

HAS ADOPTED  THIS  DIRF< TIVI 

Article  1 

1.  Member  States  shall  grant  third-country  nationals 
who  are  lawfully  in  a  Member  State  the  right  to  travel  in 
the  territories  of  the  other  Member  States  in  accordance 
with  this  Directive. 

2. 

This  Directive  shall  be  without  prejudice  to  rights 

—  which  Community 

third-country 
nationals  who  are  members  of  the  families  of  citizens 
of  the  Union, 

law  confers  on 

—  which  are  granted  to  third-country  nationals  and  to 
members  of  their  families  irrespective  of  nationality 
where,  under  an  agreement  between  the  Community, 
its  Member  Sûtes  and  the  relevant  third  country, 
they  enjoy  rights  of  entry  and  residence  in  a  Member 
State  identical  to  those  of  citizens  of  the  Union. 

Article  I 

Introductory provision 

1. 
Member  States  shall  grant  third-country 
nationals  who  are  lawfully  in  a  Member  State  the 
right to travel in the territories of the other  Member 
States in accordance with this Directive. 

This  Directive  shall  be  without  prejudice  to 

2. 
rights 

-  which  Community  law  confers  on  third-country 
nationals  who  are  members  of  the  families  of 
citizens of the Union, 

- which are granted to third-country  nationals and to 
members of their families  irespective  of  nationality 
where,  under 
the 
Community,  its  Member  States  and  the  relevant 
third  country,  they  enjoy  rights  of  entry  and 
residence  in  a  Member  State  identical  to  those  of 
citizens of the Union. 

agreement 

between 

an 

This  Directive 

3. 
Community  or  domestic  law  on 

shall  not  affect  provisions  of 

This  Directive  shall  not  affect  provisions  of 

3. 
Community or domestic law on 

—  stays  other  than  for  a short  time,  and 

- stays other than for a short time, and 

—  access  to  employment  and  the  uking-up  of  activities 

as a self-employed  person 

applicable  to  third-country  nationals. 

-  access to  employment,  the  taking-up  of  activities 
as  a  self-employed  person  and  other  lucrative  or 
non-lucrative activities 

applicable to third-country nationals. 

Article  2 

Article 2 

Definitions 

For  the  purposes  of  this  Directive: 

For the pupose of this Directive : 

1.  'right  to  travel'  means  the  right  to  cross  internal 
Community  borders  and  to  remain  in  the  territory  of 
a  Member  Sute  for  a  short  suy,  or  to  travel  onward, 
without 
to 
obuin  a  visa  from  the  Member  Sute  or  Sûtes  in 
whose  territory  the  right  is  exercised; 

the  person  concerned  being  required 

2.  'residence  permit'  means  any  document  or  author 
ization  issued  by  the  authorities  in  a  Member  Sute 
which  permits  a  person  to  reside  in  that  Member 
Sute,  and  which  appears  on  the  list  referred  to  in 
Article  3 (4); 

1.  'right  to  travel'means  the  right  to  cross  internal 
Community borders and to remain  in the territory of 
a Member State for a short stay, or to travel onward, 
without  the  person  concerned  being  required  to 
obtain  a  visa  from  the  Member  State  or  States  in 
whose territory the right is excercised. 

'residence  permit'  means  any  document  or 
2. 
authorization  issued by the authorities  in a Member 
State  which  permits  a  person  to  reside  in  that 
Member State for a period of more than six months: 

3.  'visa  within  the  meaning  of  point  (3)  of  Article  2' 
the 
means  a  visa  which 
Community  and  which  is  mutually  recognized  for  the 
purpose  of  crossing 
the 
Member  Sûtes; 

the  external  frontiers  of 

throughout 

is  valid 

4.  'third-country  national'  means  any  person  who  is not  a 
citizen  of  the  Union  within  the  meaning  of  Article  8 
(1)  of 
the  European 
Community. 

the  Treaty 

esublishing 

Article  3 

1.  Member  Sûtes  shall  grant  the  right  to  travel  to 
residence 
third-country  nationals  who  hold  a  valid 
permit  issued  by  another  Member  Sute. 

Any such  person  may travel  in the  territories  of  the  other 
Member  Sûtes  for  a  continuous  period  of  not  more  than 
three  months  provided 
following 
requirements: 

that  he  meets  the 

—  he  must  be  in  possession  of  a  valid  residence  permit 

and  a valid  travel  document, 

—  he  must  have  sufficient  means  of  subsistence,  both  to 
cover  the  period  of  the  intended  suy  or  transit  and 
to  enable  him  to  return  to  the  Member  Sute  which 
issued  the  residence  permit,  or  to  travel  to  a  third 
country  into  which  he  is ceruin  to  be  admitted. 

in  accordance  with 

2.  Member  Sûtes7  shall, 
the 
conditions  laid  down  in  the  Annex,  readmit  any  person 
to  whom  they  have  issued  a  residence  permit  and  who  is 
unlawfully  resident  in  the  territory  of  another  Member 
Sute,  even  if  the  validity  of  that  permit  has  expired. 

3.  A  third-country  national  who  holds  a  residence 
• permit  issued  by  a  Member  Sute  and  who  is  exercising 
the  right  to  travel  may  be  expelled  if  he  does  not  meet 
the  requirements  laid  down  in  paragraph  1  or  if  he 
represents  a  threat  to  public  order  or  public  security  in 
the  Member  Sute  in  which  he  is  exercising  the  right  to 
travel,  or  to  its  international  relations. 

4.  Member  Sûtes  shall  provide  the  Commission  and 
the  other  Member  Sûtes  with  a  list  of  the  documents 
they  issue  which  are  treated  as  equivalent  to  residence 
permits  for  the  purposes  of  this  Article,  updating  it  as 
and-when  necessary. 

The  Commission  shall  publish  the  lists  and  any  updates 
in  the  Official Journal  of  the  European  Communities. 

T-

Article  4 

1.  Member  Sûtes  shall  grant  the  right  to  travel  to 
the 
third-country  nationals  who  hold  a  visa  within 
meaning  of  point  (3)  of  Article  2. 

Such  persons  may  travel  in  the  territories  of  the  Member 
Sûtes  during  the  period  of  suy  permitted  by  the  visa, 
provided  that  they  are  in possession  of  a travel  document 
bearing  the  valid  visa  and  meet  the  requirement  laid 
down  in  the  second  indent  of  Article  3(1). 

2.  Member  Sûtes  shall  confer  the  right  to  travel  on 
third-country  nationals  who  are  exempted  from  visa 
requirements  by  all  the  Member  Sûtes. 

Such  persons  may  travel  in  the  territories  of  the  Member 
Sûtes  for  a  toul  of  no  more  than  three  months  within  a 
period  of  six  months  from  the  date  of  first  entry  in  the 
territory  of  one  of  the  Member  States,  provided  that  they 

are  in  possession  of  valid  travel  documents  and  meet  the 
requirement  laid  down  in  the  second  indent  of  Article 
3  (1). 

Paragraph  2  shall  also  apply 

third-country 
3. 
nationals  who  are  subject  to  a  visa  requirement  in  a 
number  of  Member  Sûtes. 

to 

the  right 

However, 
to  travel  shall  in  their  case  be 
restricted  to  the  territories  of  such  Member  Sûtes  as 
have  exempted  nationals  of  the  relevant  third  country 
from  the  obligation  to  hold  a  visa,  unless  they  do  hold  a 
visa  within  the  meaning  of  point  (3)  of  Article  2. 

In  the  latter  event,  the  period  of  suy  in  the  territories  of 
the  Member  Sûtes  which  require  a  visa  shall  be  limited 
to  the  period  permitted  by  the  visa. 

4. 
The  provisions  of  this  Article  shall  not  prevent  any 
Member  Sute  from  authorizing  the  suy  in  its  territory 
of  a  third-country  national  beyond  three  months. 

to  enter 

third-country  national  allowed 

5.  A 
the 
Community  for  a  short  suy  who  is  exercising  the  right 
to  travel  may  be  expelled  if  he  does  not  satisfy  the 
conditions  in  paragraphs  1 or  2, according  to  whether  or 
not  he  is subject  to  a visa  requirement,  or  if  he  represents 
a  threat  to  public order  or  public  security  in  the  Member 
Sute  in  which  he  is  exercising  the  right  to  travel,  or  to 
its  international  relations. 

Article  5 

Member  Sûtes  may  require  persons  exercising  the  right 
:o  travel  to  report  their  presence  in  their  territories. 

S 

Article  5a 

End of stay 

Persons  in  a  Member  State  on  the  basis  of  the 
1 
right to travel  granted  in this  Directive  should  leave 
the  Member  State's  territory  without  delay  if  they 
no longer satisfy  the applicable requirements, 

2. 
If the  fact  that  the  applicalbe  requirements  will 
no  longer to  be  satisfied  is predictable,  they  should 
leave the Member State before  they  cease  to  satisfy 
those  requirements. 

Article  6 

Member  Sûtes  shall  bring  into  force  the  laws,  regu 
lations  and  administrative  provisions  necessary  to  comply 
with  this  Directive  by  31  December  1996.  They  shall 
immediately  inform  the  Commission  thereof. 

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

Article  7 

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

Article  8 

This  Directive  is  addressed  to  the  Member  Sûtes. 

ANNEX 

Conditions for the readmission by the Member States of third-country nationals who are unlawfully resident 
in  a  Member  Sute  but  who  hold  a residence permit  for  another  Member  State  (Article  3  (2)  ot  the 

Directive) 

Annex  (-l)(new) 

-1.  Member  States undertake to  adhere  strictly  to 
the  provisions  of  the  European  Convention  on  the 
Protection  of  Human  Rights  and  Fundamental 
Freedoms and not to expel to another Member State 
persons  who should  be  afforded  protection  in  their 
State on the basis of this Convention. 

unlawfully  resident  in the  territory of  another Member  bute. 

The  provisions  do  no.  affect  Member  States'  obligation*  under  the  Dublin  Asylum  Convention 
«admr^pplicants for  asylum who  are unlawfully  resident ,n another Member Sute. 

. 

2.  W re  a person covered  by point  ,  has e n ^d  « 

^

J

^

^

^

^

jS 

|o  to another country to which he is certain to be  admitted. 

„  .  third-counuy nation,, wishes to go  to  " J * ?™ 

i

^

S

j

^

S

S

lS 

K 

S S£ 

f £ Î Z£ 

= S s!  V b fi  e Z ^ X f™ 

tber  d o c u m e nt  that  .Uows 

him  to  travel,  and  cash  or  a bank  deposit  in  order  to  secure  his  transportation  and  his  residence  in  the 
country to which  he may be  admitted. 

3  If  a  third-country  national  unlawfully  resident  in  the  territory  of  a  Member  State  refuses  to  leave 
volÛnurUy^Member Sûtes are required to readmit him in accordance with the guidelines  set out  below. 

If  the  person  holds  a  valid  residence  permit  for  another  Member  Sute,  the  Member  Sute  which  has 
issued the  permit is required  to  readmit him. 

Moreover  Member Sûtes  must readmit a third-country  national  in accordance  with Article  3 (2)  within 
a period  of  up to  two  months after  the expiration of  the validity of  the residence  permit. 

The  obligation  to  readmit  him  is  subjea  to  the  condition  that  a  request  for  readmitting  him  shall  be 
lodged  S in  one  month  by  the  authorities  becoming  aware  of  the  person's  unlawful  presence  in  the 
Member  Sute. 

4  The  person  is  to  be  readmitted  after  a  request  has  been  made  by  the  competent  authorities  in  the 
requeuing  Member  Sute  showing  that  the  person  in  question  holds  a  valid  residence  permit  for  the 
readmitting Member Sute. 

A  Member  Sute  receiving  a  request  in  accordance  with  point  3  must  reply  to  the  request  within  eight 
L ^S 
rcadmission, unless it has expressly  requested a one-week  extension of  that time limit. 

ïe  MembeTstate  doe's  not  respond  within  that  time,  it  will  be  deemed  to  have  agreed  to 

Thi-  Member  Sute  to  which  the  request  was  addressed  is  required  to  ukc  in,  within  a  month  at  most, 
le  oetTn  it  h ï l r e ed  to  take  back.  That  time  limit may be  extended  by  agreement  between  the  two 
Membe!: Sûtes  c o ^ e d,  upon  submission  by the  requesting  Member Sute  of  an  explicit  and  justified 
application. 

Member  Sûtes  are  to  exchange  lists  of  authorities  competent  to  consider  requests  for  readmission  and 
of  points  at borders where  readmission  can ukc  place. 

S  The  financial  costs  entailed  by  readmission  are to  be  met by the  person  concerned.  Where  the  person is 
Tnable"^ meet Te  expenses,  the  expenses  up to  the  point of  readmission  are  as  a rule  to  be  met  by  the 
Member State  requesting  readmission. 

to 

Amended proposal for a 
ÇQVNÇII,PTOÇTIVE 

on the elimination of controls on persons crossing internal  frontiers 

Text proposed by the Commission 
COM(95) 347 final - 95/0201(CNS) 
JO n° C 289 of 31.10.95 p. 16-17 

Amendments by Parliament 
(unchanged unless mentioned below) 

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 
Parliament, 

to 

the  opinion  of 

the  European 

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

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

Whereas  Article  3  of  the  Treaty  provides  for  an 
internal  market  characterized,  inter  alia,  by  the 
abolition, as between Member States, of obstacles 
to  the  free  movement  of  persons  and  measures 
concerning  the  entry  and  movement  of  persons 
in 
the internal market: 

Whereas  Article  7A  of  the  Treaty  pieyjrjerl  for  the 
establishment,  by  31  December  1992.  of  the 
internal  market,  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; 

i\ 

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

in  which 

frontiers 

internal 

the 

the 

internal 

the  establishment  of 

for  persons  crossing 

Whereas 
internal  /market 
consequently  calls  for  the  abolition  of  all  controls  and 
formalities 
frontiers; 
whereas,  in  this  context,  seaports  and  airports  stand 
apart,  as  they  serve  both  traffic  with  other  Member 
Sûtes  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  Sute  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  Sûtes'  frontiers  within  die  Community 
at  any  point,  without  such  crossing  being  subjea  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 
Sute  over  the  whole  of  its  territory,  nor  any  obligations 
to  possess  and  carry  documents  which  are  laid  down  by 
its  legislation. 

il 

Article  2 

1.  A  Member  Sute  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  Sute 
the 
uking 
Commission  and  the  other  Member  Sûtes,  supplying 
them  with  all  the  appropriate  information. 

immediately  notify 

such  action 

shall 

2.  Where  the  serious  threat  to  public  policy  security 
lasts  longer  than  30  days,  the  Member  State  concerned 
may  mainuin  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 
the  Commission  have  been 
Member  Sûtes  and 
consulted. 

At  the  Member  Sute's  request,  the  Commission  and  the 
the 
other  Member  Sûtes  shall  treat 
these 
information 
controls. 

to  justify  mainuining 

in  confidence 

it  supplies 

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  Sûtes'  common 

frontiers, 
including  the  rail  or  road  terminals  for  links  by 
bridge  or  tunnel  between  Member  Sûtes, 

land 

—  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  surt  from  or  end 
at  a  non-Community  airport; 

2. 
'intra-Community  flight'  means  the  movement 
of  an  aircraft  between  two  Community  airports, 
without  any  stopovers  outside  the  Community,  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  inter 
mediate  calls, of  a vessel  plying  regularly  between  two 
or  more  specified  Community ports; 

13 

'intra-Community 

sea-crossing'  means 

3. 
the 
movement  between  two  Community  ports,  without 
any  intermediate  calls  outside the  Community,  of  a 
vessel  plying  regularly  between  two  or  more 
specified  Community ports; 

4 

'/f'/n/iff 

tiftilful  ht  jtttmuhl/' 

tw*u% 

'A 

'** 

' " / M . . f >£ 

' / '/  *iy,t,l- 
die  public  authorities  of  a  Member  Sute  or  by 
other  persons,  under  the  national  legislation  of  a 
Member  Sute, 

' /'  *>•  it/tt,t!,!H  U'/tl'*TA.  V/ 

—  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  implemenution  of  this 
Directive,  and 
the 
to  the 
Commission  shall  report  on 
European  Parliament,  the  Council,  the  Economic  and 
Social  Comittee  and  the  Committee  of  the  Regions. 

its  application 

three  years 

thereafter, 

every 

Article  5 

Member  Sûtes  shall  bring  into  force  the  laws,  regu 
lations  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  uble  showing  the  corre 
lation  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  Sûtes  adopt  these  provisions,  these  shall 
conuin  a  reference  to  this  Directive  or  shall  be  accom 
panied  by  such  reference  at  the  time  of  their  official 
publication.  The  procedure  for  such  reference  shall  be 
adopted  by  Member  Sûtes. 

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  Sûtes. 

n 

ISSN 0254-1475 

COM(97)  106 final 

DOCUMENTS 

EN 

il 

io  06 

Catalogue number  :  CB-CO-97-097-EN-C 

ISBN 92-78-16748-7 

Office for Official  Publications of the European Communities 

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