EU JHA COUNCIL FOCUSES ON VISA FEES,

UNCLAS SECTION 01 OF 03 BRUSSELS 001435

SIPDIS

E.O. 12958: N/A
TAGS: CVIS PREL PREF SMIG EAID KCRM EUN USEU BRUSSELS
SUBJECT: EU JHA COUNCIL FOCUSES ON VISA FEES,
FACILITATION AND BIOMETRIC SYSTEMS

SUMMARY
--------------


1. EU Justice and Home Affairs Ministers (JHA
Council) on April 27 agreed to raise the price of
Schengen visas from EUR 35 to 60, while allowing for
more favorable treatment of EU neighbors. "Countries
with a European perspective" are eligible for
reduced rates if they sign readmission agreements
with the EU. The adjustment will take effect from
January 2007 but will only apply to "visa
facilitation" countries from January 2008. The
decision also allows for waiving visa fees for
children under six years, pupils, students, and
researchers. EU countries will be able to decide on
visa fee waivers for individuals from all countries
on a case-by-case basis and will continue to set
their own prices for long-stay visas. Among other
visa/asylum/immigration issues, the Council also
reviewed the state of preparations for the creation
of a second-generation Schengen Information System.
Full text of Council conclusions has been
transmitted to EUR/ERA. END SUMMARY.

HIGHER VISA FEES, BUT PLENTY OF EXEMPTIONS
--------------


2. The price of a short-stay visa for the EU's
borderless Schengen zone will go up from EUR 35 to
60 next year following a decision taken by the JHA
Council that allows for more favorable treatment of
EU neighbors. The decision, based on qualified
majority voting in the Council, was taken without
the consent of Greece, Hungary and Sweden. The
adjustment, first requested by France several months
ago, is intended to cover the additional costs
relating to the introduction of biometric visas and
the Visa Information System. The amount for
national long-stay visas will continue to be fixed
by the individual member states, who may decide to
issue these visas free of charge.


3. The adjustment will take effect on January 1,
2007, but the deal allows for several exemptions as
follows:

-- In individual cases, the amount of the fee to be
charged may be waived or reduced in accordance with
national law "when this measure serves to promote
cultural interests as well as interests in the field
of foreign policy, development policy, other areas
of vital public interest or for humanitarian
reasons." According to a Presidency official, case-
by-case exemptions (one person, one trip) will apply
"worldwide" and can be used for all nationalities.

-- The visa fee is waived for visa applicants
belonging to the following categories:

- Children under 6 years;
- School pupils, students, post graduate
students accompanying teachers who undertake
trips for the purpose of study or educational
training;
- Researchers from non-EU countries traveling
within the Community for the purpose of
carrying out scientific research as defined by
the EU legislation.

-- Until January 1, 2008, the decision will not
apply to visa fees for non-EU countries "in respect
of which the Council has given the Commission a
mandate to negotiate a visa facilitation agreement
by January 1, 2007."

SPECIAL ARRANGEMENTS FOR NEIGHBORS
--------------


4. The Council and Commission confirmed their
support for the development of visa facilitation
agreements with non-EU countries, "emphasizing the
need to negotiate parallel agreements on readmission
with a view to the simultaneous entry into force of
such agreements," according to a joint statement by
the two bodies. The Council invited the Commission
to table draft mandates for negotiating visa
facilitation and readmission agreements, "starting
with the countries with a European perspective as
referred to the European Council conclusions of June
2003 and June 2005" (a formula that refers to the
countries of Western Balkans). Justice, Freedom and
Security Commissioner Franco Frattini said the
Commission would soon table proposals for
negotiating visa facilitation agreements, starting
with Macedonia, then Serbia-Montenegro, Bosnia-
Herzegovina and Albania. All these proposals would
be tabled before the summer break so that
negotiations could start "immediately thereafter."
Frattini said he had in mind a "political package,"
including "measures to facilitate the circulation of
people and measures to improve the security of
member states." EU sources said a "roadmap" for
readmission discussions with the Western Balkan
states could emerge after a Balkans security
conference in Vienna on May 4.


5. Belarusian civil society activists and EU border
traders are to get special exemptions from the visa
price hikes. Though failing to mention Belarus by
name, the Council and Commission agreed that, in the
context of promoting people-to-people contacts with
neighboring countries, member states should "make
use of the possibilities offered by the Schengen
acquis in particular where such people to people
contacts can contribute to the strengthening of
civil society and democratization in those
countries."


6. Reduced visa fees for Russians are expected to
be part of the "visa facilitation agreement" to be
signed at the May 25 EU-Russia Summit. According to
a Commission official, other provisions of the
agreement will include simplified requirements for
supporting documents, expedited issuance timelines,
longer periods of validity and multiple entrance
authorizations, as well as prohibitions on an exit
visa requirements. A complementary "readmission
agreement" that will also be signed on May 25 will
obligate Russia to take back illegal aliens being
expelled from the Schengen area. A Commission
spokesman said Ukraine was expected to be next in
line for a readmission agreement and that
negotiations with Morocco were making good progress.
However, Frattini made it clear he did "not see the
possibility of applying to Morocco the rules to be
applied to the Russian Federation."

SIS II AND VIS MOVING FORWARD
--------------


7. The Council reviewed the state of preparations
for the creation of the second-generation Schengen
Information System (SIS II). The main innovations
are the inclusion of biometrics and the connection
of the new member states to the database.
Implementation of SIS II is an essential requirement
for the lifting of internal borders with the new
member states. Because of this, bringing SIS II
online as soon as possible is a high priority of the
new member states.


8. Most of the new member states tabled a joint
statement calling on the Council to ensure that
ongoing discussions on the legislative package would
not delay the adoption of SIS II. Austrian Interior
Minister and Council Chairwoman Liese Prokop told
reporters the Council should record agreement on the
legal basis before this year's summer break in order
for SIS II to be in operation by the end of March

2007.


9. The Council also confirmed the use of biometrics
for identification purposes in the SIS II "as soon
as it is technically possible." (Note. Biometrics
will only be used to verify alphanumeric hits in the
SIS II. Biometric-based searches of the database
for any purpose are not envisioned. End note.)


10. Regarding visas, Frattini also described plans
to set up Common Application Centers in some non-EU
pilot countries that would allow member states to
share premises, staff and equipment for collecting
biometric data from visa applicants. Frattini told
a press conference the Commission would soon submit
a proposal for amending the Common Consular
Instructions in order to create the necessary legal
basis for this project.

ASYLUM: SAFE COUNTRIES OF ORIGIN
--------------


11. Frattini updated the Council on Commission
preparations for drawing up a common list of
countries regarded by all EU member states as safe
countries of origin when examining asylum claim.
This controversial list, which has elicited
criticism from UNHCR, is an adjunct to the Council
Directive adopted last year which determines minimum
standards on procedures for granting and withdrawing
refugee status. The list will enable member states
to quickly reject claims from people originating
from the listed countries. EU sources said a
preliminary version of the list included Mali,
Benin, Mauritius, Tanzania, Ghana, Senegal,
Botswana, and Cape Verde.

TRAFFICKING IN PERSONS AND SOCCER WORLD CUP
--------------


12. The Council adopted conclusions stressing the
determination of the Austrian Presidency to
implement the EU action plan (adopted by the Council
in December 2005) on best practices, standards and
procedures for combating and preventing trafficking
in human beings.

13. Ministers welcomed the actions announced by
Germany in connection with the Soccer World Cup to
take place in June 2006. Berlin will temporarily
reinstall national border controls for all those
entering the national territory, including for
travelers origination within the Schengen zone, to
help minimize potential threats from violent soccer
fans, terrorists and organized criminals (including
alien traffickers bringing in sex workers). Prokop
said Germany would share its experience after the
World Cup, as a basis for drawing up best practices
in this matter in view of future events.

MISC: MIGRATION & DEVELOPMENT AND FRONTEX
--------------


14. Among other items, the Council also:

- Heard a presentation by Special UNSYG for
Migration Peter Sutherland on U.N. preparations for
the High-Level Dialogue on International Migration
and Development to take place in New York on
September 14-16, 2005. According to the Council
conclusions, Sunderland wants to work toward
establishing "a basic consensus that migration
policies can offer potential win-win-win outcomes
(source countries, receiving countries, migrants).

- Adopted conclusions on strengthened practical
cooperation in the field of asylum, as well as
conclusions that give the EU Border Management
Agency (Frontex) a coordinating role in the
organization of joint charter flights for returning
illegal immigrants from the EU. FRONTEX, which is
based in Warsaw, has been operational since summer
2005 and will be responsible for drawing up common
training standards and the organization of training
courses for member state officials responsible for
removal operations. A 2004 Council Decision
officially sanctioned such joint charter flights,
which stop off in several member states to pick up
deportees.

GRAY