Brussels, 24/08/2011 (Agence Europe) - Member states in the Schengen area can reintroduce border controls as a last resort but will have to receive authorisation from the European Commission before taking any measures lasting longer than 5 days, compared with 30 days under the current rules.
This is one of the suggestions that the European Commission might be putting forward next month for the updating of the free circulation rules in the Schengen area, according to a draft document seen by the Financial Times on 21 August. The FT says that any reintroduction of border controls could last for up to six months and would have to be re-examined each month.
Announced in May in a report on management of immigration within the EU, the changes to the Schengen area rules (revising the Schengen assessment mechanism following changes in November 2010 and changes to the Schengen border rules) were officially requested on 26 April 2011 by France and Italy in a joint letter following their spat about the fate of Tunisian immigrants who landed on the Italian island of Lampedusa and were travelling to join relatives in France. The two countries managed to agree to ask the Commission to introduce new rules for the re-introduction of border controls in the event of floods of would-be immigrants arriving in large numbers.
Resisting the idea for a long time, EU Commissioner Cecilia Maelstrom finally agreed to work on new rules for the Schengen area, with the aim of making them “clearer and more detailed” rather than giving member states the freedom to do what they liked, explained a European Commission spokesperson on Wednesday 24 August. The Commission wants to ensure the greatest use of the Community method to prevent member sates from taking unilateral action (like France and Denmark in recent weeks) and the proposals to be unveiled in September will meet this aim. The European Parliament will be associated with the proposals in its power of co-decision, and the EP has always defended the use of the Community method.
The new proposals are still being discussed at the Commission but will allow the reintroduction of border controls under certain specific circumstances although only after all other options have been tried, explained a spokesperson for Cecilia Maelstrom. Any member state finding it difficult to manage its borders will receive technical assistance from Frontex (for example) or financial aid before any neighbouring country will be allowed to reintroduce passport controls. By September, the Commission is to specify the situations, ways and means to be followed by member states wanting to reintroduce passport controls. Some countries, like Germany, want national governments to have full powers in this connection, without any intervention from the European Commission, so a rocky ride is to be expected. (S.P./transl.fl)