Bid to ease cross-border travel

Date: 23/05/1996

By Rory Watson

TRAVELLING between EU countries could become a much less fraught experience for over ten million third country citizens legally resident in the Union under new plans drawn up by the Italian government.

The scheme will be put to internal market ministers for the first time next week in a bid to end the long-running stalemate over the lifting of border controls at the Union's internal frontiers.

The Italian presidency is proposing that non-EU citizens should be able to use their legal residence permits as formal documents to travel to other Union countries for up to three months instead of having to apply for visas as at present.

“The novelty of this approach is that it would make a residence permit the equivalent of a visa. We hope it could operate as soon as possible, making life much easier, for instance, for people returning to North Africa and Turkey for the summer. Now they need visas, which creates extra work for consulates and costs individuals time and money. This would solve those problems,” explained one Italian official.

Despite the theoretical completion of the internal market, individuals still cannot move as freely throughout the Union as capital, services and goods. This has created a two-tier system, with passport controls largely abolished between members of the Schengen Convention but still applied elsewhere.

The Commission, challenged by the European Parliament either to tackle border controls or face an embarrassing court case, tabled three proposals last year for legislation to guarantee free movement for EU and third country citizens.

But the Italian scheme emerged after a majority of Union governments made it clear that they could not accept Internal Market Commissioner Mario Monti's proposal for Union legislation to guarantee the cross-border travel rights of third country residents.

Italy is proposing to skirt that particular barrier by seeking a solution under the Union's intergovernmental third pillar on justice and home affairs. Rome believes that its approach may be more successful and points to the fact that the UK is prepared to discuss the idea, although in principle it opposes any ending of internal EU border checks on the grounds that this would undermine its system of immigration controls.

“Most member states would agree that if we are to make any progress, it will be by treating this as a third pillar issue,” confirmed one EU diplomat.

Despite the different legal framework, several of the Commission's original conditions would apply. To benefit from the scheme, individuals would have to have sufficient funds, a valid residence permit and not pose a threat to public order or international security. Any stays over three months would be covered by the host country's legislation.

Monti is understood to be unhappy at Italy's approach and it will be criticised by those who believe the formal legislative route would give third country residents stronger guarantees by ensuring the involvement of MEPs and the European Court of Justice.

Tony Venables, director of Euro Citizen Action Service (ECAS) admitted: “The intergovernmental route is fine when things go well, but when they go wrong there can be problems of redress.” But he added: “To the people concerned who have to go through all the trouble of requesting visas, it does not matter so much how it is achieved as long as it is achieved. What is most important is that there is some movement.”

UK Socialist MEP Glyn Ford, who is drafting the Parliament's report on the free movement package of proposals, took an equally pragmatic line. “At least this is a move in the right direction. I welcome it as long as it is not the last step. There is, though, the practical question of whether everyone would recognise a residence permit when they saw one,” he said.

If internal market ministers react positively to the plan at their meeting next Tuesday (28 May), the dossier is likely to be handed over to their justice and home affair colleagues in an attempt to clinch an agreement.

The relative optimism now surfacing on the issue of cross-border travel opportunities for third country citizens is in sharp contrast to the deadlock which still surrounds plans for legislation to end the remaining passport controls on Union nationals travelling between member states.