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EU: Border controls again

01 July 1995

The Commissioner responsible for the internal market, Mario Monti, produced a new initiative on 12 July to abolish internal border controls in the EU. The proposal takes up yet again an issue which the UK government (and the Labour opposition) has consistently opposed. The Commission want to put into effect Article 7a the Single European Act 1987 and has given a legal opinion that a Declaration signed by Margaret Thatcher on maintaining border controls is overridden by the main Act. It is reported that the two UK Commissioners, Sir Leon Brittan and Neil Kinnock, voted against the measure. The proposal says border control arrangements should come under the European Court of Justice and the European Parliament which the UK government is also opposed to. The Commission is intending to introduce three directives: 1) abolishing internal EU border controls with airlines and shipping companies exempted from carrying out the controls; 2) allowing non-EU citizens legally resident in the EU being allowed to travel for short periods using the documents authorising their first entry to the EU; 3) would amend secondary legislation on free movement. It argues that the combination of the common EU visa (already agreed), the common list of countries requiring visa (currently being discussed), "harmonised" rules on screening asylum-seekers plus increased police and intelligence cooperation external border controls will be effective. Member states would be allowed to re-impose border controls in an "emergency" in cases of a "serious threat to public order or public safety" for period of 30 days (renewable). The Commission has already recognised that it has no powers over controls exercised within each country (this could be half a mile from the point of entry). The UK government spokesperson said they regretted: "that the Commission has chosen to make such a proposal now when they are aware of the strength of the government's view on this matter. We shall not hesitate to use our veto". All 15 EU states have to agree the measure unanimously. Independent 13.7.95; Guardian 13.7.95; see Statewatch vol 2 nos 5 & 6; vol 3 nos 3 & 4.