WRITTEN QUESTION E-1486/01 by Robert Goebbels (PSE) to the Commission. Identity checks at Charles de Gaulle airport.
Date: 2001-05-18
Institutions: European Parliament, Provisional data
Subjects: France, Schengen Agreement, air safety, airport, free movement of persons, police checks

18.4.2002

EN

Official Journal of the European Communities

C 93 E/11

Can the Commission say whether it financed, via one of its programmes, the restoration of works of

1.
archaeological interest in Rome for the Millennium celebrations?

2.

If it did, did it receive a report on the work actually carried out?

Does it have appropriate instruments for protecting an archaeological treasure which is not only of

3.
national interest from the negligence shown by those responsible for it?

4.
Does it not consider that steps should be taken to create the specific concept of ‘European cultural
heritage’ to cover all the archaeological sites, historic buildings and works of art in the territory of the
Union and their state of conservation, in order to be able to take steps, in conjunction with the Member
States, to safeguard them?

Answer given by Mrs Reding on behalf of the Commission

(1 October 2001)

The Commission did not finance any restoration of monuments in Rome for the Millennium

1.
celebrations.

2.

According to Article 151 (ex Article 128) of the EC Treaty, the Community is responsible for:

1 encouraging cultural cooperation between Member States;

1 supporting and supplementing action by Member States (and providing financial support if necessary)

in the following areas:

(a)

improvement of the knowledge and dissemination of the culture and history of the European
peoples;

(b) conservation and safeguarding of cultural heritage of European significance;

(c) non-commercial cultural exchanges;

(d) artistic and literary creation, including in the audiovisual sector.

It is important to note that Article 151 also excludes any ‘harmonisation of the laws and regulations of the
Member States’ (1) in this area.

3. With regard to the possibility of creating a ‘European cultural heritage’, the Commission would like
to draw the Honourable Member’s attention to Parliament’s recent report on the Member States’
application of the Convention for the Protection of the World Heritage, in which it is hoped that Member
States can be encouraged to examine,
the possibility of a
classification system for European heritage based on common definitions and identification criteria. This
would help to identify the cultural, linguistic and natural heritage, the importance of which goes beyond
national
in order to help underline the
diversity and wealth of European heritage and to emphasise the fact that it is shared.

level, and to give this heritage an identifiable European label

together with the Council of Europe,

The Commission would like to draw the Honourable Member’s attention to the fact that listing a site as
‘European cultural heritage’ would not in itself guarantee its protection.

(1) EC Treaty, Article 151(5), first indent.

(2002/C 93 E/012)

WRITTEN QUESTION E-1486/01

by Robert Goebbels (PSE) to the Commission

(18 May 2001)

Subject: Identity checks at Charles de Gaulle airport

One of the major steps forward for a People’s Europe was the Schengen Agreement and its incorporation,
through the protocol adopted at the European Council in Amsterdam, into the body of law on the basis of
which the European Union functions. However, one of the essential principles of the free movement of
persons within the Union, that is to say an end to systematic identity checks on Europeans travelling in the

C 93 E/12

Official Journal of the European Communities

EN

18.4.2002

Schengen area, is currently being flouted at Charles de Gaulle airport in Roissy in France. Each passenger
travelling towards a destination within the Union is required by the Air France company to undergo
identity checks carried out by a security firm prior to entry into the departure lounges, requiring them to
pass through metal detectors.

What action does the Council intend to take in response to this new obstacle to freedom of movement?

(2002/C 93 E/013)

WRITTEN QUESTION P-1595/01

by Francesco Speroni (TDI) to the Commission

Subject: Passport control contrary to the Schengen Agreement

(21 May 2001)

KLM check-in staff at Schipol airport ask passengers travelling to Italy to show a passport or other
document valid for entry into that country.

Since this is contrary to the principles of the Schengen Agreement, which does not envisage systematic
border controls between the member countries, what steps will be taken to put an end to this annoying
practice?

Joint answer
to Written Questions E-1486/01 and P-1595/01
given by Mr Vitorino on behalf of the Commission

(5 July 2001)

The Schengen acquis, which has been incorporated into European Union law, provides that internal
borders may be crossed at any point without checks on persons being carried out purely on the grounds
that an internal border has been crossed.

Regarding checks carried out by airlines, a distinction should be drawn between three different types of
check:

1 identity checks carried out within a commercial framework, i.e. when the passenger checks in, with a
view to ensuring that he/she is the person indicated on the ticket or that he/she is entitled to certain
discounts;

1 checks carried out for security reasons in exceptional cases and circumstances, for instance where
there are concerns that a passenger’s conduct might disturb public order or jeopardise the safety of
other passengers;

1 checks with a view to avoiding penalties under carriers’ liability legislation in the event of persons

who do not have the requisite travel documents being carried.

The Commission takes the view that checks of the third type are not compatible with current Community
law. Articles 26 and 27 of the Convention implementing the Schengen Agreement on carriers’ liability
should apply only to journeys originating in a non-Schengen country. They should not be carried out in a
border-free area, being prompted by the sole fact that an internal border has been crossed.

The controls referred to in the first two indents also apply to domestic flights and are not incompatible
with the idea of a border-free area in so far as passengers on domestic flights are treated in the same way
as passengers on intra-Schengen flights.

With a view to determining which type of check was carried out in the instance referred to by the
Honourable Member, the Commission will contact the appropriate authorities for further information on
the circumstances surrounding this complaint.
institute proceedings pursuant to
Article 226 (former Article 169) EC.

If necessary,

it will