Brussels, 12/02/2008 (Agence Europe) - The European Commission will present several proposals to combat illegal immigration and organised crime on Wednesday 13 February. The plan, a copy of which has been obtained by EUROPE, is without doubt one of the most important since the creation of the Schengen free circulation area. It will apply to all non-Community nationals, even those who are inside the Schengen area. One of the Commission's flagship proposals is the creation of an electronic register of the entry/exit of third country nationals to tackle the problem of people entering the EU legally but who stay on after the expiry of their visa. The Commission also proposes the creation of a European border surveillance system (Eurosur) to combat illegal border crossings, save the lives of potential illegal immigrants at sea and prevent cross-border crime. Finally, it argues for better use to be made of the European border control agency Frontex, particularly by means of increased joint operations between member states at maritime borders. The Commission says that all the measures proposed could come into force between 2012 and 2015. Almost 300 million persons, both EU and non-EU nationals, cross the European Union's external borders every year. Europe continues to be the favourite destination for millions of tourists. The number of illegal immigrants in the EU was estimated at over 8 million in 2006, with 80% of them in the Schengen area. Have of all illegal immigrants in the EU entered legally, but have become illegal after staying on after the expiry of their period of time they could legally remain.
New instruments to improve border management
A first communication contains the proposal for an entry/exit system, and a proposal to facilitate border crossings for bona fide travellers. The Commission intends to continue work on the creation of an electronic travel authorisation system, which would make visas obsolete.
Entry/exit system. This proposal, which applies to non-Schengen area nationals, is based on the creation of an electronic register which includes a series of data and biometric identifiers. It will record information on the place of entry, the length of stay authorised, and the dates of entry and exit from the Schengen area of non-EU nationals admitted for a short stay (up to three months). Exempt from the system will be holders of local cross-border passes, long validity visas and residence permits, and exempted nationals from third countries (heads of state, diplomats, aircraft pilots, fishermen etc.). The system also involves the transmission of automated alerts directly to the competent immigration authorities of “overstayers”. These alerts will: allow appropriate measures (such as launching searches) to be taken; - dissuade people from overstaying the duration of their authorised stay; - provide operational information on persons staying beyond the time authorised. There should be no serious technical problems over setting up this procedure, since all non-EU nationals will soon be required to provide biometric data for the VIS (visa information system) when they apply for a visa. However, the Commission feels it should await the application of the VIS to all consulates and cross-border control points - that will be in 2012 at the earliest. Extension of the VIS base should be envisaged with regard to the automatic recording of the date and place of entry and exit for each visa holder. For third country nationals for whom there is no need of a visa, a new database will have to be set up to collect biometric data automatically at the entry to and exit from the Schengen area, or even inside it.
Automated border control system. This is mainly to facilitate the border crossings for bona fide travellers. It will allow the identity of travellers to be checked with no intervention by border guards. The machine will read the biometric data on the travel documents or stored in files and compare them with those of the traveller. Border controls will thereby be speeded up by creating separate lanes, replacing the traditional control booths. The status of “registered traveller” will be granted after appropriate screening on the basis of common vetting criteria, including a reliable travel history (if the duration of the stay has not been exceeded), proof of sufficient means of subsistence, the holding of a biometric passport, and there being no danger to public order.
Travellers with multiple entry visas may be automatically given registered traveller status. During a particular travel period (for example 5 years or the time that the visa is valid), the member states will have to continuously monitor whether the criteria are still being met. For people from outside the EU who do not need a visa, biometric information would be collected, as for the entry-exit system. For EU citizens, automatic portals at external borders might be introduced whereby people would have to hold a biometric passport (by 2019, all European citizens' passports would have to include two biometric indicators) or alternatively, while awaiting such passports, a special card issued by the member state in question.
Electronic Travel Authorisation (ETA). This would authorise the authorities to require passengers, before travelling, to provide all the personal information needed for domestic security reasons and to decide whether foreigners are allowed to travel to the EU. Requiring electronic authorisation to travel abroad could be considered as an alterative to requiring a visa from third country nationals, and could be required from nationals from a third country currently not under the visa requirement. The Commission intends to organise research to analyse the implementation of such a system in 2008. Data protection rules for the VIS would apply to these systems, whereby data can be retained for 5 years. Individuals should have the right to access the information held on them and to challenge and correct the data as provided for in EU and national legislation.
EUROSUR: examining the creation of a European border surveillance system
In its second communication, the European Commission describes the idea of creating a European Border Surveillance System (EUROSUR) to prevent unauthorised border crossings and reduce the number of illegal immigrants losing their lives at sea. According to the Commission, EUROSUR could be developed in three phases: 1) interlinking existing surveillance systems and mechanisms at member state level. European External Borders Fund monies could be used to upgrade and extend the national border surveillance systems and set up national coordination centres for border control in the member states on the EU's southern and eastern external borders. A computer communications network could be set up to exchange data and coordinate activities between centres in the member states and with Frontex. Financial and logistical support would be provided to selected countries bordering on the EU to promote operational cooperation; 2) making better use of surveillance tools at EU level by using EU R&D programmes, and improving satellite and drone performance. The Commission is planning to introduce common application of surveillance tools to provide member states' authorities with surveillance information on the external borders and the pre-frontier area on a more frequent and reliable basis. A common pre-frontier intelligence picture could be developed to combine intelligence information with information obtained from surveillance tools; and 3) creating a common information sharing environment for the EU maritime domain, integrating all existing reporting and monitoring systems in sea areas under the jurisdiction of member states. At first, the integration process would be limited to the Mediterranean, the Southern Atlantic (the Canary Islands) and the Black Sea. At a later stage, this integrated network of reporting and surveillance systems could be extended to the whole maritime domain of the EU, covering not only border-related aspects but all maritime activities, such as maritime safety, protection of the marine environment, fisheries control and law enforcement.
Expanding the role of FRONTEX
A third document assesses the work of the FRONTEX Agency and its future development. The outcome is broadly positive. In 2006 and 2007, more than 53,000 people were arrested or refused entry at an EU border and at least 2,900 false travel documents were seized. 58 people suspected of involvement in human trafficking were arrested. In the short term, the Commission is planning to beef up FRONTEX's role by improving the battery of technical equipment (currently mobile radars, 20 aircraft, 100 boats and 25 helicopters) and improving the participation of member states; introducing specialist branches in the member states; merging semi-operational operations with the EU patrol network; carrying out joint risk analysis with Europol and other organisations; giving FRONTEX responsibility for managing ICONet and CIREFI; allowing FRONTEX to purchase its own equipment for the work of its rapid reaction teams (aka RABIT); giving FRONTEX responsibility for training; and establishing research projects to test new technology. In the longer term, the Commission wants FRONTEX to have greater involvement in Schengen assessments (a proposal to this end will be unveiled in the second half of 2008) and launch pilot projects with countries outside the EU. It will launch consideration of FRONTEX's future prospects, like whether a European border guard should be set up; whether FRONTEX should be the main platform for the exchange of information in the EUROSUR system; and whether FRONTEX should be involved in coordinating the work of national customs and border guards. (B.C.)