Brussels, 03/10/2006 (Agence Europe) - Unless a transitional solution can be found, EU interior ministers will have to announce in Luxemburg on Friday that the extension of the Schengen zone to incorporate the ten States which joined the EU in 2004 will not now take place before 2009. The “Second generation Schengen Information System” (SIS II - see EUROPE 9204), which initially was to have come into service in March 2007 and allowed internal border controls to be lifted in October, should be operational in June 2008 for the current members of the Schengen zone and at the end of 2008 for the new Member States, a diplomatic source told EUROPE shortly after Tuesday's Coreper meeting. Given that the putting in place of SIS II is a sine qua non for the involvement of the new Member States and Switzerland in a security area without internal borders, this new timetable would imply that the enlargement of the Schengen zone will only take place in the course of 2009. Technical and legal problems over the creation of a new data bank are the cause of this delay. However, in the light of the unhappiness of the “new” Member States at the successive delays in the application of SIS II, the Council could opt for the Portuguese proposal to establish a “SIS I+” which, though involving supplementary costs, would allow a geographical extension of the current database (see EUROPE 9271).
Passenger Name Records (PNR): Ministers are due to decide on whether or not to back the American proposal on the transfer of air passenger data, or PNR (see EUROPE 9276). On Tuesday, EU ambassadors charged the Commission with carrying out an inventory of legal arrangements existing in Member States, should no rapid agreement be found. Coreper discussions will continue on Wednesday to try to find a way out of this crisis. Several sources say it now appears clear that the blockages preventing the EU and the US from finding an agreement indeed concern the substance of the text, particularly on the allowing US agencies, like the FBI, automatic access to the data received by the US Bureau of Customs and Border Protection. “The United States are taking advantage of their position because they can, at any time, require airline companies to provide them with the data they want,” said a diplomatic source.
Borders: On Thursday, the Council is due to adopt conclusions on the reinforcement of EU southern maritime borders in order notably to avoid the massive influx of illegal immigrants. It will call for progress to be made on developing an integrated management system and strategy for external borders (the guidelines for which are due to be adopted before December 2006). The Council (in co-decision) will commit itself to the rapid adoption of the draft regulation setting up the mechanism for the creation of border rapid intervention teams (RABIT). It will call on the Commission to present, before the end of the year, a communication to enhance the EU's ability to manage migratory crises. Ministers will consider the possibility of reinforcing personnel, equipment, the budget and the coordination procedures of the European external border agency FRONTEX. The emphasis will also be put on the follow-up to the Rabat Conference, as the Finnish Prime Minister recently said in a letter to the leaders of the southern EU states (see EUROPE 9276).
Immigration/Asylum: Interior ministers are due to adopt, without discussion, a decision on setting up a mechanism for mutual information on the measures taken by Member States on asylum and immigration. Several States have felt that measures taken in this area have had a significant effect on other Member States, particularly the massive regularisation carried out in Spain last year.
The Hague Programme: On Thursday, ministers will be continuing their discussion on progress made in the field of freedom, security and justice.
Civil protection: A political agreement is expected on the proposal for a Council regulation establishing a Rapid Response and Preparedness Instrument for major emergencies (natural disasters, terrorist attacks, etc.). The main outstanding problem is the financing of transport and equipment.
Criminal proceedings: On Friday, EU Justice Ministers will be looking at the proposal aimed at facilitating the transfer of prisoners between Member States. The main difficulty for the States is that this principle cannot easily be applied to third country nationals. The other provision to be examined by ministers concerns the possibility for convictions to take effect outside the Member State where they are handed down, especially when there are new criminal proceedings for different offences. A proposal for a directive aimed at combating violation of intellectual property rights will also be studied. The Commission is expected to present an assessment report with a view to opening negotiations for a visa facilitation agreement with Moldova (EUROPE 9238). An EU-Ukraine Ministerial Troika will also be held on Wednesday concerning visa facilitation and readmission procedures. (bc)