Identifier
Created
Classification
Origin
07BRUSSELS2950
2007-09-20 09:03:00
UNCLASSIFIED
USEU Brussels
Cable title:  

EU COUNCIL EXPECTS FULL VISA RECIPROCITY BETWEEN U.S. AND

Tags:  CVIS PREL PREF SMIG KCRM SW EUN 
pdf how-to read a cable
VZCZCXRO2966
RR RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHBS #2950/01 2630903
ZNR UUUUU ZZH
R 200903Z SEP 07
FM USEU BRUSSELS
TO RUEHC/SECSTATE WASHDC
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEAHLC/DHS WASHDC
RUEAWJA/DOJ WASHDC
RUEHGV/USMISSION GENEVA
UNCLAS SECTION 01 OF 02 BRUSSELS 002950 

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: CVIS PREL PREF SMIG KCRM SW EUN
SUBJECT: EU COUNCIL EXPECTS FULL VISA RECIPROCITY BETWEEN U.S. AND
ALL EU COUNTRIES

SUMMARY
-------

UNCLAS SECTION 01 OF 02 BRUSSELS 002950

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: CVIS PREL PREF SMIG KCRM SW EUN
SUBJECT: EU COUNCIL EXPECTS FULL VISA RECIPROCITY BETWEEN U.S. AND
ALL EU COUNTRIES

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


1. EU ministers in the September 18 Justice and Home Affairs (JHA)
Council heard a presentation of the Commission's third report on the
visa reciprocity mechanism, including the Visa Waiver Program (VWP)
with the U.S. Commission Vice-President Frattini and Portuguese
Interior Minister/Council chair Rui Pereira expressed confidence
that "in the near future," the U.S. will guarantee a "uniformity of
treatment" to all EU Member States. Ministers noted that the
extension of the Schengen Information System to include the new EU
Member States into the database was proceeding according to
schedule. They adopted conclusions on operations coordinated by the
EU Borders Agency (FRONTEX) to cope with the influx of illegal
migrants in the Mediterranean. They agreed on the substance of a
Regulation setting the security features and biometric identifiers
to be used by the Member States in a uniform format of residence
permit for non-EU nationals. Judicial cooperation issues discussed
at the Council will be reported SEPTEL. Full text of Council
conclusions has been transmitted to EUR/ERA. END SUMMARY.

VISA WAIVER RECIPROCITY/VISA WAIVER PROGRAM
--------------

2. At the September 18 JHA Council, Vice-President Frattini
presented the Commission's third report on the visa reciprocity
mechanism, including the VWP with the U.S. Speaking at a joint
press conference with Portuguese Interior Minister/Council chair Rui
Pereira, Frattini said the report showed "very good progress"
concerning the treatment of citizens from newest EU members Bulgaria
and Romania, noting the lifting of the visa requirement by Mexico
and New Zealand. Further progress on reciprocity had also been
recorded with Australia. Frattini said the Council agreed to
authorize the Commission to open negotiations for the conclusion of
a short stay visa waiver agreement between the European Community
and Brazil. Frattini said the Commission was "not satisfied" about
progress made with Canada. The EU would expect Canada to lift the
visa requirement for one or more EU Member States by the end of the
year and to show further concrete progress toward reciprocity.

Failing such progress, Frattini would have to recommend that
"measures" be considered against Canada.

3. By contrast, Frattini welcomed the new legislation recently
adopted by the U.S on modernizing the VWP. Frattini said he was
"very confident that in the near future," there would be "a
uniformity of treatment for all member States vis-`-vis the U.S."
In its conclusions, the Council said the adoption of the legislation
"should pave the way for its extension to all Member States." The
conclusions said the Commission reserved "the right to propose
retaliatory measures if expected progress toward full visa
reciprocity fails to materialize in good time," a point not echoed
by Frattini in his public comments. Asked if the Council had shared
Frattini's positive reading of the U.S. legislation, minister
Pereira opined that "the new visa regime of the U.S. does allow for
equal treatment of all EU citizens," adding: "I endorse the general
view expressed by Vice-President Frattini." The next Commission
overall VWP report is due no later than June 2008.
ENLARGEMENT OF SCHENGEN AREA
--------------


4. Meeting in the "Mixed Committee" with their Schengen
counterparts from Iceland, Norway and Switzerland, ministers
reviewed the implementation of the "SISone4all" project (read: the
temporary expansion of the current Schengen Information System to
include the new EU Member States into the database system) and
progress made by the future Schengen members to comply with the
Schengen "acquis." Minister Pereira said the technical part of the
"SISone4all" project had progressed "smoothly," in accordance with
the timetable. The implication is that the Czech Republic, Estonia,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
have been able (since September 1, 2007) to use the SIS. EU sources
said some of the countries concerned had already announced hits in
the system. All new countries continue to prepare themselves for
the planned deployment of the upgraded SIS II system.


5. Work on the evaluation of all non-SIS-related aspects (data
protection, police cooperation, sea, land and air borders and
visa-issuance) was about to be completed. Frattini said he would
not expect any problem regarding the evaluation and Pereira
expressed confidence that the Schengen area will therefore "be able
to enlarge by the end of the year" (opening of the land and sea
borders with new countries could be envisaged in time for the
Christmas period, he said). The lifting of air borders would occur
by the end of March 2008. Frattini was "very much hoping" for a
final decision on the lifting of checks at the next formal JHA
Council on November 8-9.

RESIDENCE PERMIT FOR NON-EU NATIONALS
--------------


6. Ministers agreed on the substance of a Regulation setting the

BRUSSELS 00002950 002 OF 002


security features and biometric identifiers to be used by the Member
States in a uniform format of residence permit for non-EU nationals.
The uniform format will "include a storage medium containing the
facial image and two fingerprints images of the holder, both in
interoperable formats." The data shall be "secured and stored."
The integrity, the authenticity and the confidentiality of the data
will be guaranteed. Technical specifications for the biometric
identifiers would be set in accordance with the technical
requirements for passports issued by Member States to their
nationals.

EU MARITIME BORDERS/FRONTEX OPERATIONS
--------------


7. Frattini said ministers assessed recent operations coordinated
by the EU Borders Agency (FRONTEX) to cope with the influx of
illegal migrants in the Mediterranean, based on a presentation by
FRONTEX Director Laitinen. Frattini noted that 500 staff from the
EU Member States were now at the disposal of the Agency and "ready
to be deployed" at very short notice. Frattini mentioned that
operations at sea recently made it possible to save more than 1,000
lives and that more than 20 smugglers had been arrested.


8. Following on the June JHA Council, which discussed dramatic
events in the Mediterranean, and subsequent work by the EU PermReps
(COREPER),the Council adopted conclusions setting out measures to
further strengthen the EU's Southern maritime borders. The
conclusions, meant to address Maltese concerns in dealing with the
influx of illegal migrants crossing the Mediterranean, encourage the
EU Member States, "in a spirit of solidarity and shared
responsibilities, to provide support to each other on a bilateral
basis." Specific points are included regarding the types of support
which Member States should provide to partners facing a "particular
pressure" from illegal immigration: return operations, reception
conditions, taking responsibility for asylum-seekers, etc. Such
pressure, the conclusions note, can arise from factors such as the
geographical location of countries and "the degree to which
neighboring third countries fulfill their international obligations
on search and rescue."


9. Member States are also invited, in cooperation with FRONTEX, to
"implement measures of a longer nature concerning maritime patrols
at the Southern external border". These measures could include
joint operations at a limited number of high-risk areas.

MURRAY