WRITTEN QUESTION No. 3772/97 by Nikitas KAKLAMANIS to the Commission. Free access to Schengen manuals
Date: 1997-11-21
Institutions: European Parliament, KAKLAMANIS
Subjects: Schengen Agreement, Sweden, access to EU information, border control, civil law, code of conduct, competence of the Member States, confidentiality, document, exchange of information

C 196/16

EN

Official Journal of the European Communities

22. 6. 98

(98/C 196/24)

WRITTEN QUESTION E-3772/97

by Nikitas Kaklamanis (UPE) to the Commission

(21 November 1997)

Subject: Free access to Schengen manuals

The Schengen Agreement has been incorporated into the new EU Treaty which gives particular prominence to
the right of access of European citizens to public documents. Despite all this, reports from Sweden state that the
Swedish Government has classified manuals on how controls are to be carried out at the external borders of the
Union and exchanges of information between Member States as (cid:145)top secret(cid:146).

This  is  quite  a  serious  matter,  and  there  is  understandable  concern  about  the  reasons  that  led  the  Swedish
Government to take this decision.

Will the Commission state its views on the above matter and say whether anything comparable has occurred in
any other Member of the Union and whether it considers it useful to recommend to the Member States of the
Union that they ensure unhindered access to all manuals regarding the Schengen Agreement?

Answer given by Mr Monti on behalf of the Commission

(2 February 1998)

The Schengen arrangements will be integrated into EU law only when the Amsterdam Treaty and its annexed
protocols come into force.

However, as most of the documents relating to Schengen are drawn up by the national authorities, access to them
is and will remain subject to national law, with due regard for the rules on confidentiality unanimously decided
by the Member States that signed the Schengen agreements. This is in accordance with the Commission and
Council code of conduct concerning public access to their own documents, which stipulates that the institutions
will provide access only to their own documents and will refer applicants to the author of any document from
emanating from another institution.

Applications for access to Council and Commission documents relating to Schengen are already covered by the
code of conduct. Access to them may therefore be granted, provided that they are not covered by any of the
exceptions expressly laid down to protect certain private or public interests or to ensure the confidentiality of the
institutions(cid:146) deliberations.

In  the  case  of  Schengen  regulatory  instruments,  once  the  Amsterdam  Treaty  comes  into  force  and  the
Schengen arrangements become part of EU law, the rules governing publication of acts in the Official Journal
will apply.

(98/C 196/25)

WRITTEN QUESTION E-3777/97

by Jean-Antoine Giansily (UPE) and Jacques Donnay (UPE) to the Commission

(21 November 1997)

Subject: The French textile plan

The French textile plan introduced in 1995 by the previous French government, more commonly known as the
(cid:145)Borotra plan(cid:146), which contained a reduction in social security charges for textile firms, has been the subject of
severe criticism from the Commission.

This  plan,  which  would  have  benefitted  over  2  000  firms,  would  have  made  it  possible  to  stabilize  or  even
slightly increase the labour force in a sector which has lost half of its jobs in the last ten years.

It appears, however, that Brussels not only regards this plan as illegal, but that the Commission is demanding that
certain textile firms should refund the aid they have received.

Can the Commission explain on the basis of what criteria and arguments it has been concluded that the French
textile plan is illegal?