Denmark Warned Over Border Plans

 

BRUSSELS — Controversy over the future of Europe’s passport-free travel zone grew Friday when Denmark was warned that its plans to restart checks at its frontiers could be against European Union law.

The president of the European Commission, José Manuel Barroso, said in a letter to Prime Minister Lars Lokke Rasmussen that the move proposed by Denmark — ostensibly to prevent smuggling of drugs and weapons — could be problematic on two counts.

That charge was rejected by the Danish government, which said Friday that its plans, to be implemented over the next three weeks, include only the same customs checks already in force in Sweden.

European officials say that the legality of the Danish measures will depend on the details. Spot checks by customs officials are not illegal, providing they are carried out in a proportionate way. Installation of permanent checkpoints implementing systematic controls at frontiers, however, would breach the rules, they say.

The exchange is the latest ill-tempered dispute over the future of the Schengen accord, which gives people the right to cross frontiers in most of Europe without stopping.

One of the most visible signs of European integration, Schengen has come under strain because of increased migration, and it was recently at the center of a fierce dispute between Italy and France following the arrival of migrants from North Africa.

Denmark’s plans are the result of pressure from the anti-immigration Danish People’s Party, which demanded the tightening of controls as its price for supporting other government measures.

But the deal produced an angry reaction from Germany, one of Denmark’s neighbors, and has heightened concerns that Schengen is being undermined.

On Friday Mr. Barroso spoke by phone with Mr. Rasmussen before sending his letter. In it, Mr. Barroso said a first legal assessment of Denmark’s plan “raises important doubts about whether the proposed measures, if implemented in the ‘intensive and permanent’ way that has been announced, would be in line with Denmark’s obligations under European and international law.”

Denmark’s plans “appear to put into question the smooth functioning of Europe’s single market” and may violate E.U. law on “the free movement of goods, persons, services and capital and the provisions of the Schengen Borders Code,” the letter added.

Peter Christensen, Denmark’s minister for taxation, told the Ritzau news agency that the criticism “is built on misunderstandings.”

“What we are going to do is a customs control — the same as the Swedes have been doing for years,” he said. “And this you can do in full accordance with the Schengen code.”

The anti-immigration party at the center of the dispute said it would insist that the move go ahead.

“This deal stands,” Peter Skaarup, vice president of the Danish People’s Party, told Ritzau. “We will make sure that the border controls will be reinstated as planned. We can’t imagine that the government will be frightened by the commission.”

“So now the government will have to calm the commission down or cancel the Schengen agreement,” he added.

In his letter Mr. Barroso noted that the Danish announcement suggested a “permanent customs presence at the borders and will imply the construction of new facilities, the recruitment of additional staff, comprehensive video surveillance and police backup.” He appealed to the Danish authorities to discuss how the plans will be implemented and to refrain from “unilateral steps.”

Were Denmark to find itself in breach of E.U. law, it could ultimately be taken to the European Court of Justice.