Timetable already planned. How much inaccurate information and vague commentaries have been made regarding the revision of one of the aspects of the Schengen agreements! They even create the impression that the very existence of this border free area, one of the fundamental accomplishments of European construction, was under threat! The real situation is more reassuring: it is about clarifying and spelling out the safeguard clause. Not because two member states asked as much earlier this week. It was already planned, together with a timetable. Next week, the European Commission will present its communication on immigration, one section of which will clarify of the circumstances in which a member state may temporarily re-establish border controls. On 12 May, the Council will discuss the matter and, at the end of June, the European Council will deliberate on it .
Third countries must cooperate. Mr Sarkozy and Mr Berlusconi, in writing to the president of the European Council, Mr Van Rompuy or the president of the European Commission, Mr Barroso, have not asked for the suspension or even amendment of the Schengen agreements. They are simply requesting clarification in the way in which the safeguard clause operates, in an effort to consolidate this border free area which both leaders have described as a major achievement in the European project. The document that the Commission will approve next week will also aim to strengthen the Frontex agency, the EU instrument has to protect and monitor its external borders. It is clear that if surveillance of the external borders were more effective, the internal border free area would be encountering fewer problems. In this connection, close cooperation with third countries is crucial. Tunisia, Egypt and as soon as possible, Libya, must be made aware of this and the EU should not hesitate to make future funding conditional on a solution being found to this problem (including a pledge to accept the return of illegal immigrants). A similar guarantee must be made by Turkey, the country through pass which most of the illegal migrants creating difficulties for Greece. It is no secret that it is the lack of guarantees with regard to the transiting of illegal immigrants from other countries that is holding up the accession of Romania and Bulgaria to the Schengen area.
A clause that has already been used. It should not be forgotten that the safeguard clause has already been used on several occasions. In principle, the member state concerned should not decide to activate it on its own initiative. Debate in the Council is necessary. In 2001, Italy reintroduced border controls during the G8 summit in Genoa fearing the announced arrival of German, French and Scandinavian extremists. There was trouble, all the same. Spain deemed it necessary to use this facility in May 2004, for the marriage of Prince Felipe, in response to the devastating Islamic attacks that had occurred in Madrid two months before. France took similar precautions during the same year for the 60th anniversary of D-Day (the Allied landings in Normandy) and in 2005, following the Islamic terrorist attacks in London. In 2006, Germany introduced the same precautionary measures for the football World Cup, because it was scared of an uncontrollable invasion from other European countries and North Africa (in fact, North Africans, Italians, Dutch and French did not cause any problems, only a few English supporters created a stir but they were rapidly brought back into line by English policemen). Similar precautions for sporting events were introduced afterwards in Finland and Portugal and the public was left in peace everywhere.
The current situation is more complex. In each of the different cases mentioned, normality was rapidly re-established. The current case is more complex because the problems facing member states are not linked to a specific event but could be lasting. Illegal immigrants who arrive in the member states want to stay there and we are well aware of what problems illegal immigration can cause. Several member states are prepared to take in legal immigrants but are not prepared to take in those who enter Community territory illegally. Sometimes, illegal immigrants are trying to join family already in Europe; in other cases, however, we just do not know, anything is possible.
The EU's objective is to safeguard the Schengen area, whilst keeping control over the illegal immigrants who, having reached an EU member state, will then be able to travel throughout the Schengen area without any checks imposed on them at all. The EU must keep the situation under control, whilst maintaining the border free area. That is the goal of the current procedures and initiatives.
(F.R./trans.fl)