Brussels, 23/06/2011 (Agence Europe) - One of the most sensitive issues - the future of the Schengen freedom of movement area - will dominate Friday's discussions among EU heads of state or government when they debate migration. Review of the governance of the Schengen area and the safeguard clause which allows internal border controls to be reinstated as a last resort, both of which have been agreed in principle since the last meetings of home affairs ministers, are likely to provoke debate, indeed, perhaps even “lively” debate on Friday, according to a number of European sources.
Following the events in Tunisia and Libya, which brought thousands of migrants (more than 25,000 Tunisians and over 10,000 refugees fleeing Libya) to Europe's shores, France officially put the Schengen issue on the table at the end of April - stronger rules and, given the tense situation with regard to migration, the possibility of a strengthened safeguard clause and new criteria allowing member states to re-establish border controls but, as a last resort, only temporarily and as a preventive measure. France argued on more than one occasion that this consolidated clause did not necessarily have to be applied.
Reluctantly, the European Commission agreed, on 4 May, to give consideration to this clause and this Friday, member states are expected to adopt the idea of this safeguard mechanism which should be put in place to deal with exceptional circumstances that threaten the overall operation of Schengen cooperation, say draft conclusions. However, this should not endanger the principle of the freedom of movement of persons. Reinstatement of border controls would only come after a prior series of measures, such as assistance to a member state experiencing difficulties in managing its border. Member states are expected to ask the Commission to bring forward a proposal at the start of autumn.
Discussion is likely to focus on the criteria for re-establishing border controls and in particular on “the language to be used”, a source said. Should the new conditions contain, as France would like, the failure of a member state to manage borders shared with other Schengen member states and the threat of a massive influx of migrants? Should it not just be the failure of a state that is included, as Spain would like? While there is broad agreement on the principle of strengthened governance, there is division on arrangements for implementation, with Poland, for example, not wanting to send out too strong a signal on re-imposing internal border controls, a source said. Further questions have to be asked with regard to decision-making - whether decisions fall within the Commission's area of responsibility or member states'. On arriving in Brussels, German Chancellor Angela Merkel, facing Danish plans to re-establish permanent border controls, said that she would argue strongly that Schengen was a “major acquis” and one that must not be endangered “by national sensitivities”. (S.P./transl.rt)