The Palma Document

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The Palma Document
actdoc October=1992

Free Movement of Persons
A Report to the European Council by the Coordinators' Group

NOTE ON THE FREE MOVEMENT OF PERSONS

I.

1. The Single European Act sets as an objective for the Community
the establishment by 31 December 1992 of "an area without
internal frontiers in which the free movement of goods, persons,
services and capital is ensured in accordance with the provisions
of this Treaty".

The Rhodes European Council, reviewing the establishment of
the Internal Market, called on the Council to step up its efforts
in all areas where progress was slow, such as the free movement
of persons."The achievement of the Community's objectives,
especially the area without internal frontiers, is linked to
progress in inter-governmental cooperation to combat terrorism,
international crime, drug trafficking and trafficking of all
kinds.This cooperation will be stepped up in order to achieve
rapid and concrete results which will enable the Community, for
its part, to take the necessary measures to turn Europe into a
tangible reality for its citizens.To this end each Member State
will appoint a person responsible for the necessary
coordination."

2. The Group of persons responsible for coordination
(Coordinators' Group-Free movement of persons) met on 22
February, 17 March, 5 April, 26 April and 17 May in Brussels and
from 4 to 6 June in Palma de Mallorca.Member States'
representatives were Mr Pastor (Presidency), Mrs Delvaux
(Belgium), Mr Vesterdorf (Danish), Mr Neusel (FRG), Mr Georgiou
(Greece), Mr Blanc (France), Mr Crowley (Ireland), Mr De Michelis
(Italy), Mr Elsen (Luxembourg), Mr Grosheide (Netherlands), Mr
Sousa Vicente (Portugal), Mr Hyde and Mr Langdon (United
Kingdom).The Commission of the European Communities was
represented by Mr Bangemann, Vice-President.

3. In the course of the Group's discussions it was
recognised that differing views were held on their legal and
political framework, in particular on the interpretation and
scope of the relevant Treaty provisions inter alia Article 8a of
the EEC Treaty, and the obligations flowing therefrom, the extent
to which political decisions in this field had already been taken
and where the competence for taking decisions and action lay.It
was agreed to set those differences on one side for the purposes
of the Coordinators' discussions, and this is reflected in this
report.Accordingly, the report in general, and the
recommendations for measures to be taken, represent practical
steps upon which all could agree and do not prejudice the legal
and political questions.In many instances the measures proposed,
for example those regarding provisions on immigration, mutual
legal assistance and greater cooperation between law enforcement
agencies, are ones which are desirable in their own right, though
equally their implementation assumes greater urgency and
importance in the light of objective of free movement.

4. The Co-ordinators' meetings are not an extra forum for
discussions; the Co-ordinators are responsible for:

- coordinating, giving an impetus to and unblocking the
whole complex of intergovernmental and Community work
in the field of the free movement of persons; and

- submitting to the Madrid European Council a report on the
free movement of persons and the establishment of an area
without frontiers, including the measures to be adopted by
the responsible bodies and a timetable for their
implementation.

5. Issues connected with the free movement of persons pose
a problem as to methods to be pursued, owing to the multiplicity
of fora in which they are discussed-the Community, Political
Cooperation, Ministers for Immigration, Trevi Group, Council of
Europe-and which will have to be coordinated.

1. The Co-ordinators' Group initially:

(a) drew up a catalogue of th

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