WRITTEN QUESTION P-1595/01 by Francesco Speroni (TDI) to the Commission. Passport control contrary to the Schengen Agreement.
Date: 2001-05-21
Institutions: European Parliament, Provisional data
Subjects: Netherlands, Schengen Agreement, air safety, airport, free movement of persons, police checks

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:

4 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;

4 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;

4 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