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