Brussels, 13/05/2011 (Agence Europe) - Less than two days after Denmark's announcement that it will be introducing permanent border controls in a few weeks' time at various points along its border with Germany and Sweden to combat organised crime and tax evasion, the European Commission has officially requested detailed information about the planned measures and conformation from lawyers that the measures will not hinder the free circulation of goods in the EU or the free circulation of individuals in the Scheme area.
Various commissioners reacted independently of one another. On Thursday, EU Justice and Fundamental Rights Commissioner Viviane Reding was the first to react, after the EU27's interior ministers interviewed their Danish counterpart earlier the same day about the announcement of new customs controls (being satisfied with his answers). On Friday morning, the president of the European Commission himself expressed concern about the plans in a letter to, and a telephone conversation with, Danish Prime Minister Lars Lokke Rasmussen.
On Thursday, Commissioner Reding spoke by telephone with the Danish justice minister, Lars Barfoed, asking him to promise in writing that the decision to introduce new customs controls for goods would not restrict the freedom of movement of individuals. She expressed great concern that Denmark had decided to act unilaterally, taking all its European partners by surprise.
A spokesperson for Barroso, Pia Ahrenkilde Hansen, said that the Commission president had been provided with an initial legal analysis of the Danish measures on Friday 13 May, adding that the analysis confirmed the Commission's doubts about the measures' compliance with EU internal market and free circulation of goods rules and the Schengen border rules. The Commission is examining the legality of the planned measures (under EU law) and will ask Denmark to pledge to abide by EU rules and to provide advance warning about such matters in the future rather than going ahead unilaterally. The Commission wants to ensure that the measures are justified and will indeed clamp down on organised crime and tax evasion, as desired by the Danish government. In his letter to the Danish government, Barroso points out that in general, no inspections of goods or people are allowed at borders in the EU, although there are certain exceptions for goods and for people under the Schengen rules in the general interest, to clamp down on tax evasion, for example. Barroso stresses that any exception has to be proportionate.
At the meeting of home affairs ministers on Thursday, Danish Minister for Immigration and Integration Soeren Pind stated that these controls complied with Schengen rules and did not affect people, only suspicious goods, such as arms and drugs, which could be concealed in vehicles. He said that scanners would be used to search vehicles, which would mean, Copenhagen says, that there would be no need to search people. Pind said, too, that controls of this kind had already taken place in Sweden - a claim the Commission rejected on Friday, saying that it has “no knowledge” of Sweden taking any such action. On Thursday morning, the 26 home affairs ministers took cognisance of these explanations. As French minister Claude Guéant said, for the moment, they want to give Denmark the benefit of the doubt, until such time as “further information” is received on the situation on the ground.
This issue - which pertains to the single market, to free movement of persons as a fundamental right, and to the provisions of the Schengen border code - will, moreover, be entrusted to Home Affairs Commissioner Cecilia Malmström, said Barroso's spokeswoman on Friday in answer to many questions put to him on how action would be coordinated within the Commission. In a press release, the Swedish commissioner did not hesitate to threaten Copenhagen with infringement procedure. Speaking on Friday, she said Denmark's decision to restore permanent customs checks at its national borders poses a problem and the Commission is ready, if necessary, to use the means at its disposal to ensure that European laws are abided by. Malmström also asked Denmark to avoid taking unilateral measures. (S.P./transl.fl)