By Martin Banks - 19th September 2011
There is good news and bad news in this proposal
Claude Moraes
MEPs have castigated the commission over its plans to oversee any return of border checks in the Schengen zone, Europe's passport-free travel area.
National governments had asked the commission to come up with proposals that would allow them to manage major migratory pressures on their borders.
On Friday, the commission responded by unveiling draft legislation that would give it a big say in the reintroduction of border controls and prevent unilateral decisions, a proposal that France, Germany and Spain have already rejected.
"With these proposals we are safeguarding the future of Schengen," said EU home affairs commissioner Cecilia Malmström.
The 25-nation Schengen zone faces an overhaul after changes were demanded by several EU states worried about sudden waves of immigration during the Arab Spring.
But some MEPs have heavily criticised the commission plans with Timothy Kirkhope, the European Conservatives and Reformists group spokesman on justice and home affairs, branding the move as "full Europeanisation" of all decisions regarding reintroducing controls.
Speaking on Monday, Kirkhope said it means that if a country wants to reinstate checks on their borders due to a foreseen event, it would have to seek permission from the commission and from a 'qualified majority' of member states.
In the case of unforeseen events (such as an attack), the country can reinstate checks for up to five days, after which it would also need to seek permission from the commission and other participating nations.
EU commission teams would inspect Schengen member states - either announced or unannounced - to confirm their compliance with the agreement.
The commission also says it would seek to address 'deficiencies' in border controls and under the proposals it says border controls could be reintroduced if deficiencies persist.
The UK is not a member of the free movement protocol of the Schengen agreement, but Kirkhope says the decision will have a "serious impact" on all Schengen and non-Schengen nations, and the UK government should play an integral role in the forthcoming negotiations.
Kirkhope, a former UK immigration minister, said, "It seems the commission has not listened to those EU countries that want to regain some control over their borders. Governments are not asking for their borders to be closed, just to be able to manage who enters their territory at certain times, which is completely reasonable.
"When is the commission going to start listening to its major member states who say this is not working? Before the announcement was even made, many EU countries have already rejected it. These proposals are completely contradictory to what they asked for; it is a major wasted opportunity to restore faith in the Schengen agreement.
"Protecting borders is a fundamental task of any government and it seems wrong that they must now ask permission from the commission.
"Schengen has generally been a success for the EU, and particularly for the new EU countries, but it is outdated. We need reforms that continue to allow EU citizens unimpeded travel but which allow governments to control large flows of immigration."
Kirkhope added, "The UK government needs to get involved in this reform. The control of migrants into one EU country has implications on the flow of migrants into the whole of Europe, including the UK. What happens in Calais and Normandy affects us and it is in our interests to allow countries on our doorstep to regain control over large flows of migrants - many of whom will ultimately be destined for the UK."
Further reaction came from British S&D deputy Claude Moraes, who said, "Freedom of movement across EU countries is not a national right. It is a fundamental right guaranteed to EU citizens by the treaties which prevails over temporary national interests. Accordingly, no national government alone can take decisions affecting that right without them first being agreed at EU level.
"Most importantly, as the only body representing all EU citizens, parliament must be fully involved."
"EU governments are of course responsible for assessing threats to their security, but on border controls they cannot decide alone without breaching the treaties. It is a power they chose to give up for the good of EU citizens."
He added, "There is good news and bad news in this proposal. On the one hand the commission has answered the irresponsible and unilateral actions of Italy and France in closing their borders at the height of the Mediterranean refugee crisis.
"Schengen will now be fully monitored by the commission and legally enforced at the EU level."
Slovenian MEP Tanja Fajon, meanwhile, said, "Europe without internal borders is a cornerstone of the EU, and so is transparency. If a decision is to be taken on the issue based on the current rules, a prior and formal position of parliament should be considered.
"If a member states reintroduces border controls for a significant time, as seen earlier this year, proper sanctions should be applied. The commission proposals to ensure compliance should be concrete not cosmetic."






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