Luxembourg, 12/06/2007 (Agence Europe) - EU27 ministers of the interior finally gave their approval on Tuesday 12 June for the implementation of the “Visa Information System” (VIS), which is expected to create a huge database for information exchange between member states on visas granted for short stay and visa requests from third country nationals who want to enter the Schengen area. Such a system will help to prevent multiple requests for visas, known as “visa shopping” everywhere.
During a press conference the German minister of the interior, Wolfgang Schäuble, declared: “At the cost of fierce negotiations over a number of years, we finally reached an agreement on the regulation”. He added that “this is very important from a security point of view in the Schengen area”. The political agreement is expected to be definitively adopted very soon. The European Parliament, which used its whole weight to attempt to improve the proposal, gave its green light last week for adoption in a first reading (EUROPE 9442). Basically, two texts have been agreed. The regulation (co-decision) will allow for consulates and other competent authorities to use the system during the processing of visa requests and controls. As for the decision (consultation), this will enable the police and law enforcement agencies to consult data in conditions that are supposed to guarantee a high degree of data protection. The commissioner in charge of security matters, Franco Frattini, indicated that “all the institutions have to make a commitment from the outset to ensuring that technical demands are compatible with a high level of protection for personal data exchanges using VIS”. The Visa Information System, which is expected to be operational by spring 2009, will contain data on a maximum of 70 million people and involve visas for stays and transit in the Schengen area. Data will include photos and digital prints of those requesting visas. Once it is fully operational, VIS will be connected to all consulates that issue visas in the Schengen area and to all external Schengen area border crossing points.
Ministers also managed to get an agreement in just a few months on “Schengen III”, a text that essentially integrates part of the Prüm Treaty into the third pillar (police and criminal legal cooperation) of the European legal system (EUROPE 9367). The Prüm Treaty was set up in 2005 and allows signatory countries (Belgium, France, Luxembourg, Netherlands, Germany, Austria and Spain) direct access to DNA analysis files, finger printing, and registration numbers of vehicles in other countries in the pursuit of offenders. Integration of part of this treaty into the EU's legal structure means that all member states can therefore share this kind of information. Schäuble was pleased to say: “This is a great success. We now have a very effective tool for guaranteeing European cooperation in fighting organised crime and terrorism”. He pointed out that many countries were “sceptical” about Germany's ability to obtain an agreement before the end of June. One of the key measures subject to the compromise allows for police officers to operate in another member state wearing national uniform and in certain conditions bearing their arms, for example during big events (G8, sporting events etc). An important provision in the initial text, however, was removed (following British and Irish refusals). This element would have allowed the police of member states, in certain conditions, to pursue offenders beyond their borders (EUROPE 9367). In the end, Mr Frattini appealed for the adopted text to be implemented “without delay” in member states. He said that he was prepared to financially aid member states to achieve this end.
Nonetheless, ministers did not agree on two other significant proposals. This involves the replacement of the Europol convention with a Council decision that would de facto place the European Police Office in the Community arena. Several points remain pending, such as the budget or privileges and immunities for members of joint Police Office investigation teams. The Netherlands obtained a clause whereby these questions would have to be agreed on before a text was adopted overall. A diplomat indicated to EUROPE that “this in effect involves a Dutch imposed veto, given that the text has to be adopted by unanimity”. Around half of the countries still remain opposed to the idea of placing Europol under Community authority. They would prefer to wait for forthcoming developments on the new treaty of the Union. Member states are still very divided on the data protection framework proposal, explained this same source.
Member states, like France, agree that national and trans-national protection should fall within the scope of the text. These states also support restrictions on the transfer of data to third countries. However, countries, led by the United Kingdom, only favour application of the text at trans-national level and a wider transfer of data to third countries. “We must find a compromise before the end of this year,” Mr Frattini said, recalling the promise made to the European Parliament to adopt the text as quickly as possible (see EUROPE 9441). (bc)