CELEX: 51985PC0224
Language: en
Date: 1985-05-07
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE ON THE EASING OF CONTROLS AND FORMALITIES APPLICABLE TO NATIONALS OF THE MEMBER STATES WHEN CROSSING INTRA-COMMUNITY BORDERS

30.5.85                                   Official Journal of the European Communities                              No C 131/5
 HAS ADOPTED THIS REGULATION:                                              'or an updating of such programme submitted by the
                            Article 1                                      Italian Government before 1 June 1985 and approved
                                                                           by the Commission.'
 Regulation (EEC) No 2969/83 is hereby amended as
 follows:                                                                                         Article 2
 1. In Article 2, '30 November 1983' is replaced by                    This Regulation shall enter into force on the third day
     '1 April 1985' and the following sentence is added:               following its publication in the Official Journal of the
     'However, farmers may receive aid on one occasion                 European Communities.
     only.'
                                                                       This Regulation shall be binding in its entirety and
 2. The following phrase is added to Article 3 (1):                    directly applicable in all Member States.
               Amendment to the proposal for a Council Directive on the easing of controls and formalities
                   applicable to nationals of the Member States when crossing intra-Community borders (')
                                                         COM(85) 224 final
               (Submitted by the Commission to the Council under Article 149 (2) of the EEC Treaty on 7 May
                                                                 1985)
                                                           (85/C 131/06)
                                         The Commission amends its proposal as follows:
                         ORIGINAL TEXT                                                        AMENDED TEXT
Proposal for a Council Directive on the easing of                      Proposal for a Council Directive on the first stage of the
controls and formalities applicable to nationals of the                abolition of controls and formalities applicable to
  Member States when crossing intra-Community borders                  nationals of the Member States when crossing intra-
                                                                                           Community borders
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European                  Unchanged
Economic Community, and in particular Article 100
thereof,
Having regard to the proposal from the Commission,
Having regard        to   the    opinion  of   the    European
Parliament,
Having regard to the opinion of the Economic and
Social Committee,
Whereas it is vitally necessary that the Community                     Unchanged
should respond to the expectations of the peoples of
Europe by adopting measures to enhance and promote
its ideal and image in the minds of its inhabitants;
(') O J N o C 47, 19.2. 1985, p. 5.
 ---pagebreak---  N o C 131/6                            Official Journal of the European Communities                                  30.5.85
                       ORIGINAL TEXT                                                      AMENDED TEXT
Whereas, on 23 June 1981, the representatives of the               Unchanged
 Governments of the Member States of the European
 Communities, meeting within the Council, adopted a
 resolution considering that the establishment of a
passport of uniform design is likely to facilitate the
 movement of nationals of the Member States;
Whereas, on 7 June 1984, the Council and the rep-                  Unchanged
resentatives of the Governments of the Member States of
the European Communities, meeting within the Council,
adopted a resolution on the easing of border controls on
persons;
Whereas at its meeting in Fontainebleau on 25 and 26               Unchanged
June 1984 the European Council, concerned about this
subject, decided in particular to set itself the goal of
abolishing all police and customs formalities at intra-
Community borders for the movement of persons, and
requested the Council and the Member States to reach a
result on the matter before the end of the first half of
 1985;
Whereas any measure in the direction of bringing into              Unchanged
effect a Europe of the people corresponds to a real need
expressed in particular by the European Parliament on
numerous occasions;
Whereas Article 3 (c) of the Treaty stipulates that the            Unchanged
activities of the Community shall include the abolition,
as between Member States, of obstacles to freedom of
movement for persons; whereas agreements already exist
between certain Member States in the field of abolition
of border controls;
Whereas in spite of the limits which remain in existence           Unchanged
for tax-free allowances for travellers, the amount of
these allowances and the degree of integration already
realized in the Community no longer justify that controls
on goods carried by travellers which take place at
borders within the Community should be of the same
nature or the same intensity as those carried out at
borders with third countries;
Whereas the establishment of a rule of free passage for            Unchanged
Member State nationals with the possibility, where
necessary and in addition to spot checks, of more
stringent controls of a temporary nature in specific and
exceptional cases, in particular for security reasons, does
not preclude the protection of the legitimate interests of
the Member States with regard to internal security
matters;
Whereas police and customs controls at intra-                      Whereas police and customs controls and any other
Community borders should be at the same level, and as              controls of a similar nature (health and other controls) at
low a level as possible, whatever the mode of transport            intra-Community borders should be at the same level,
used;                                                              and as low a level as possible, whatever the mode of
                                                                   transport used;
 ---pagebreak--- 30.5.85                                   Official Journal of the European Communities                              No C 131/7
                         ORIGINAL TEXT                                                      AMENDED TEXT
Whereas the total abolition of the controls and                      Whereas the total abolition of the controls and
formalities in question requires the achievement, in                 formalities in question requires the achievement, in
parallel, of certain basic preconditions, such as the                parallel, of certain basic preconditions, such as the
harmonization of legislation concerning foreigners and               harmonization of legislation concerning foreigners and
of policy matters connected with issuing visas, the                  of policy matters connected with issuing visas, general
strengthening of cooperation in matters of public                    recognition of the visas issued by the Member States, the
security, or further fiscal harmonization; whereas in the            strengthening of cooperation in matters of public security
interim period until the controls and formalities in                 or further fiscal harmonization particularly as regards
question have been completely eliminated, it is possible             value added tax and excise duty; whereas a voluntary
to carry out a policy of progressive elimination by, at the          policy of facilitating controls and formalities can
same time, ensuring closer cooperation between the                   constitute a powerful incentive for the various types of
competent authorities of the Member States and an                    harmonization mentioned here, which form a specific
intensification of controls on persons at the Community's            objective whose attainment is highly desirable; whereas in
external frontiers;                                                  the interim period until the controls and formalities in
                                                                     question have been completely eliminated, it is possible
                                                                     to carry out a policy of progressive elimination by, at the
                                                                     same time, ensuring closer cooperation between the
                                                                     competent authorities of the Member States and an
                                                                     intensification of controls on persons at the Community's
                                                                     external frontiers;
Whereas the Commission and the Member States must                    Unchanged
collaborate closely in the introduction of measures to
facilitate the realization of.the objectives sought by this
Directive and, in a second stage, in seeking means of
enabling the controls relating to the movement of
persons to be concentrated at the external frontiers of
the Community, so that all controls or formalities
concerning both persons and goods carried by persons
should then be abolished at intra-Community borders;
HAS ADOPTED THIS DIRECTIVE:
                            TITLE I
                            General
                           Article 1                                                           Article 1
This Directive lays down the conditions for easing the               This Directive lays down a number of conditions for
controls and formalities to which nationals of the                   progressively abolishing before 1992 the controls and
Member States may be subjected at intra-Community                    formalities to which nationals of the Member States may
borders.                                                             be subjected at intra-Community borders.
                           Article 2                                                           Article 2
 1.    The facilities provided for in this Directive apply to        1.    The measures provided for in this Directive apply
Member State nationals crossing an intra-Community                   to Member State nationals crossing an intra-Community
border who comply with the provisions concerning both                border who comply with the provisions concerning both
the movement of persons and the movement of goods                    the movement of persons and the movement of goods
and in particular as regards the value or quantities of              and in particular as regards the value or quantities of
goods admitted free of taxes.                                        goods admitted free of taxes.
2.     Within the meaning of this Directive and except               2.    Within the meaning of this Directive (five words
where otherwise specified, controls and formalities mean             deleted), controls and formalities mean all the controls
all the controls and formalities applicable to the intra-            and formalities applicable to the intra-Community
Community movement of persons and goods carried by                   movement of persons and goods carried by them,
them, excluding any carriage of a commercial nature.                 including currency but excluding any carriage of a
                                                                     commercial nature.
 ---pagebreak---  N o C 131/8                               Official Journal of the European Communities                                  30.5.85
                         ORIGINAL TEXT                                                       AMENDED TEXT
                            Article 3                                                           Article 3
 Member States shall take the measures necessary for the              Unchanged
 controls and formalities applicable to Member State
 nationals fulfilling the conditions referred to in Article 2
 (1) and presenting themselves at the border between two
Member States to be operated according to the principle
of free passage, whatever the mode of transport used.
                                                                                           New Article 3 (a)
                                                                      Where persons present themselves on leaving a Member
                                                                      State in order to enter another Member State, the
                                                                      principle of free passage referred to in Article 3 shall
                                                                      allow them to cross the border without controls. This
                                                                      shall not apply to security checks in airports.
                            Article 4                                                           Article 4
This Directive shall not prevent Member States from:                  Unchanged
— carrying out spot checks on Member State nationals
     fulfilling the conditions referred to in Article 2 (1), in
     so far as such spot checks, to be carried out either at
     the border crossing point or within a frontier zone of
     15 kilometers from the border, measured as the crow
     flies, shall affect only a minimal proportion of
     persons for each border crossing point between one
     Member State and another;
— carrying out controls (x) of a temporary nature in
     exceptional and specific cases, in particular for
     security purposes.
                                                                      However, this option must not lead to an increase in the
                                                                      number of mobile units, which would be equivalent to
                                                                      relocating rather than abolishing border controls.
                                                                      With regard to the spot checks referred to in the first
                                                                      indent above, the Member States shall inform the
                                                                      Commission of the conditions in which these checks are
                                                                      carried out. As far as more intensive controls are
                                                                      concerned, they shall inform the Commission as soon as
                                                                      possible after each operation.
                            TITLE II
                  Crossing of borders by road
                            Article 5                                                           Article 5
Where persons present themselves at the border between                1.    Unchanged
two Member States on board private vehicles, the
principle of free passage referred to in Article 3 shall
permit the said vehicle to cross the border at a reduced
speed in order to enable the authorities responsible for
the controls to carry out a simple visual check without
requiring the vehicle to stop, except in specific cases.
(]) The English text of this proposal should have read 'carrying
    out more intensive controls', . . .
 ---pagebreak--- 30. 5. 85                              Official Journal of the European Communities                                No C 131/9
                       ORIGINAL TEXT                                                      AMENDED TEXT
                                                                  2.    The same shall apply mutatis mutandis to citizens of
                                                                  a Member State of the Community crossing the border
                                                                  on foot or by any other mode of transport.
                                                                  3.    Local speed restrictions shall be indicated clearly
                                                                  and in good time.
                                                                  4.    As far as possible, signs bearing the inscription
                                                                  'customs' shall be removed at crossing points between
                                                                  Member States.
                          Article 6                                                          Article 6
In order to facilitate the application of Article 5 by the        1.    In order to facilitate the application of Article 5, the
competent authorities, Member State nationals fulfilling          Member States shall, wherever technically possible, set up
the conditions referred to in Article 2(1) may present, in        two separate channels at borders: one for citizens of a
particular by affixing it to the windscreen of their              Member State of the Community fulfilling the conditions
vehicle, a disc measuring at least 8 centimetres in               of free passage referred to in Article 2 (1) and the other
diameter bearing the letter E on a green background.              for those not fulfilling the conditions referred to in
                                                                  Article 2 (1).
                                                                  2.    Furthermore, Member State nationals fulfilling the
                                                                  conditions referred to in Article 2 (1) may present, in
                                                                  particular by affixing it to the windscreen of their
                                                                  vehicle, a disc measuring at least 8 centimetres in
                                                                  diameter bearing the letter E on a green background.
The use of this disc shall be equivalent to a declaration         The use of this disc shall be equivalent to a declaration
by the driver of the vehicle that all the persons                 by the driver of the vehicle that all the persons
transported in that vehicle are Member State nationals            transported in that vehicle are Member State nationals
and comply with the conditions referred to in Article             and comply with the conditions referred to in Article
2(1).                                                             2(1).
                                                                  3.    The Member States shall supply the disc referred to
                                                                  in this Article free of charge to nationals of all the
                                                                  Member States.
                          Article 7                                                          Article 7
Member States shall make all necessary arrangements so            Unchanged
that in the event of a vehicle being subjected to controls,
the passage of the following vehicles is not hampered.
                          Article 8                                                          Article 8
Member States shall make all arrangements so that                 Unchanged
wherever technically possible there shall be only one
checkpoint for the two adjacent Member States in each
direction of traffic.
                         TITLE III
           Border crossing at airports and ports
                         Article 9                                                           Article 9
1.    Where persons present themselves at an airport or           Unchanged
port on arrival in another Member State, the principle of
free passage referred to in Article 3 shall allow them to
cross the border without controls.
 ---pagebreak---  N o C 131/10                              Official Journal of the European Communities                    30.5.85
                          ORIGINAL TEXT                                                   AMENDED TEXT
 2.     In order to facilitate the application of paragraph 1         Unchanged
 the Member States shall, at airports and ports open to
 international passenger traffic and having a certain level
 of traffic, establish channels designated by green or red
 signs.
 3.     In cases where the controls on the movement of                Unchanged
persons and those on the movement of goods carried by
those persons do not take place simultaneously, the
 selection of a green channel as referred to in paragraph 2
 shall be equivalent to a declaration by the person
concerned that:
— he is a Member State national, if the channel
     concerns the movement of persons,
— he fulfils the conditions laid down in Article 2 (1), if
     the channel concerns the movement of goods carried
     by those persons.
4.     In cases where the controls referred to in paragraph           Unchanged
3 take place simultaneously, the selection of' a green
channel as referred to in paragraph 2 shall be equivalent
to a declaration by the person concerned that he is a
Member State national and fulfils the conditions laid
down in Article 2(1).
                            Article 10                                Deleted
Where there are no green or red channels as referred to
in Article 9 (2), the mere presentation, shut, by the
person concerned, at his own initiative, of this passport
or national identity card issued by a Member State shall,
in the absence of any other indication by the person
concerned, be equivalent to a declaration that he is a
Member State national and fulfils the conditions laid
down in Article 2(1).
                            TITLE IV
Border crossing on board international trains and coaches
                            Article 11                                                  Becomes Article 10
 1.    When private individuals cross a border between                Unchanged
two Member States on board international trains or
coaches, the principle of free passage referred to in
Article 3 shall allow them to cross the said border
without being controlled.
2.     In order to facilitate the application of paragraph 1          Unchanged
by the competent authorities, the mere presentation,
shut, by the person concerned, at his own initiative, of
his passport or national identity card, issued by a
Member State, shall, in the absence of any other
indication by the person concerned, be equivalent to a
declaration that he is a Member State national and fulfils
the conditions laid down in Article 2 (1).
 ---pagebreak--- 30. 5. 85                              Official Journal of the    >ean Communities                             No C 131/11
                       ORIGINAL TEXT                                                   AMENDED TEXT
                                                                                          TITLE V
                                                                               Other types of border crossing
                                                                                         Article 11
                                                               In all instances not covered by Articles 5 to 10, the mere
                                                               presentation, shut, by the person concerned at his own
                                                               initiative, of his passport or national identity card, issued
                                                               by a Member State, shall, in the absence of any other
                                                               indication by the person concerned, be equivalent to a
                                                               declaration that he is a Member State national and fulfils
                                                               the condition laid down in Article 2 (1).
                         TITLE V                                                         TITLE VI
                      Final provisions                                                Final provisions
                         Article 12                                                      Article 12
This Directive shall not preclude the application of more      Unchanged
favourable provisions for Member State nationals, in
particular those laid down in the framework of frontier
traffic or resulting from agreements between certain
Member States.
                         Article 13                                                      Article 13
Member States shall provide the Commission with all            In order to implement this Directive the Member States
information necessary to enable the latter to present a        shall consult each other to exchange information on their
report to the Council every two years, the first no later      experiences. They shall provide the Commission with all
than 1 July 1987, on the application of this Directive         the information it needs to carry out its task of coordi-
with a view to examining the means of achieving total          nation and to enable it to present a report to the Council
abolition of all controls at inter-Community borders on        every two years, the first no later than 1 July 1987, on
Member State nationals fulfilling the conditions laid          the application of this Directive with a view to examining
down in Article 2(1).                                          the means of achieving the gradual abolition of all
                                                               controls at intra-Community borders on Member State
                                                               nationals fulfilling the conditions laid down in Article 2
                                                               (!)•
                         Article 14                                                      Article 14
Member States shall, after consultation with the               Unchanged
Commission, bring into force the provisions laid down
by law, regulation or administrative action necessary to
comply with this Directive by 1 July 1985 at the latest.
Each Member State shall send to the Commission the
text of the provisions it adopts for the purpose of
applying this Directive.
                         Article 15                                                      Article 15
This Directive is addressed to the Member States.              Unchanged