Doc. 9643

17 December 2002

Building Europe without dividing lines: Movement of persons between member states of the Council of Europe

Motion for a recommendation

presented by Mr Rogozin and others

1.       The Assembly reaffirms its commitment to achieve greater unity among the member states of the Council of Europe by fostering and facilitating contacts between all Europeans. The construction of a Europe without dividing lines requires that its citizens must be able, in accordance with national and international law, to travel across national borders in Europe.

2.       The Assembly notes that the European Agreement on Regulations Governing the Movement of Persons between Member States of the Council of Europe of 1957 served as the pioneering legal framework in Europe and continues to regulate the movement of persons between those member states of the Council of Europe which have ratified this Agreement.

3.       The Assembly recognises and welcomes that the European Union guarantees the free movement of persons as one of the fundamental freedoms within the territories of its member states and hence its member states set up a specific legal framework under the Schengen Agreement. However, the Schengen Agreement automatically links the abolition of internal border controls within the European Union member states to a reinforced border control along the outside borders of the European Union and the introduction of visa requirements, which may create new dividing lines in Europe.

4.       The Assembly acknowledges that greater movement of persons must not lead to greater criminal activities and illegal migration across international borders. Such legitimate security concerns can be addressed in an adequate manner through mutually recognised travel or identity documents which are machine-readable, a computerised processing of security-relevant data, international co-operation of law enforcement authorities and international agreements on the readmission of illegal migrants.

5.       The Assembly recommends that the Committee of Ministers:

i. instructs its European Committee on Legal Co-operation to draw up, as soon as possible, an adequate legal instrument on the movement of persons between the member states of the Council of Europe which responds to the current requirements, either on the basis of a new convention or through a protocol to the 1957 Agreement;

ii. invites the Secretary General of the Council of Europe to convene a meeting of the signatory states of the 1957 Agreement to discuss the extension of this Agreement to new signatory states as well as its possible amendment.

Signed: (see overleaf)

Signed : ¹

Rogozin, Russia, EDG

Atkinson, United Kingdom, EDG

Davis, United Kingdom, SOC

Gross, Switzerland, SOC

Laakso, Finland, UEL

Lomakin-Rumiantsev, Russia, EDG

Lord Judd, United Kingdom, SOC

Margelov, Russia, EDG

Mollazade, Azerbaijan, LDR

Nazarov, Russia, EDG

Oliynyk, Ukraine, UEL

Popov, Russia, EDG

Shakhtakhtinskaya, Azerbaijan, EDG

Sharandin, Russia, EDG

Slutsky, Russia, SOC

Sudarenkov, Russia, SOC

Tulaev, Russia, EDG

Yarygina, Russia, SOC

Zavgayev, Russia, EDG

Zhvania, Georgia, SOC

¹        SOC: Socialist Group

      EPP: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group