Brussels, 15/02/2008 (Agence Europe) - EU member states as well as the European Commission consider the extra security demands made by the United States directly affect the European Union as a whole and cannot, therefore, be negotiated bilaterally by individual member states.
The US administration recently forwarded a memorandum of understanding to the European capitals. If signed, this would allow EU countries to obtain a broader range of data on air passengers and would authorise the presence of armed security guards on flights to the United States (EUROPE 9599). EU ambassadors meeting in Brussels on Thursday 14 February raised the tone regarding measures that they consider unacceptable. Speaking on behalf of the Benelux, the representative for the Netherlands said that the Commission's analysis was good and that most points advocated by the Americans come either within the scope of EU competence, or within that of the Community. No fewer than 15 delegations rallied to this point of view although some, like the Czechs and the Estonians, called for their counterparts to show greater flexibility. The position of these two countries, which could be backed by Greece also, is understandable in so far as acceptance of the American demands would allow their nationals to benefit from the American visa waiver scheme (EUROPE 9598). For now, no country has signed such a memorandum of understanding with the United States, which leaves the member states two months to reflect before giving their position. Pressure is mounting as the government of the Czech Republic has announced its intention to sign this new agreement with Washington on 1 March. The Commission, which has already carried out a first analysis of the situation, intends to look into the matter more closely. It is expected to put a strong argument to the Americans at the EU/USA ministerial troika, scheduled for 13 March in Ljubljana (Slovenia) in its justice and home affairs version.
The memorandum of understanding sent by the United States tackles various points: - readmission of “former citizens” and third country nationals; - the acquisition of information on stolen passports. At the present time, such data transits through member states to the United States via Interpol; - the possibility of collecting more information on air passengers who might be a “security threat”, for the well-being of the United States. This measure, which concerns passengers flying over the United States without stopping, goes beyond the Passenger Name Record (PNR) agreement on the transfer of passenger data signed in June 2007 with the United States; - the setting into place of an Electronic Travel Authorisation (ETA) system to collect biographical elements on passengers. The system, that the United States wants to set in place, would have practically the same characteristics as a visa, especially as it would cost from $10 to $20; - the obligation of having a biometric passport to go to the United States, while derogations exist for non-biometric passports issued before 2006; - the presence of armed “air marshals” on flights to the United States; - and a right of scrutiny of reports on airport control and management measures, especially on how airport services issue travel documents.
The Commission for its part remains inflexible. “The United States cannot enter into bilateral negotiations with member states”, Franco Frattini, Security Commissioner, stressed during a press conference on Wednesday 13 February. Some matters, such as the readmission agreements, come under the scope of Community competence, while others, such as the setting up of armed air marshals, are the exclusive responsibility of member states, he said. Mr Frattini, who was in Washington a week earlier, stated the reticence of the European bloc with regard to such proposals. The director for the Directorate General for Justice, Security and Freedom at the European Commission, Jonathan Faull, said: “A text I saw … is unacceptable, is just way beyond anything that can be done”, adding that Washington must realise that. He went on to say that they were asking the United States to stick to what had been decided on PNR in June 2007 and that the United States is calling on certain member states to do more, which is not possible. In his view, one should not believe that the United States will limit itself to member states that today come under the visa requirement. He explained that the US will call on all member states to take new commitments, to continue to allow them to benefit from the visa waiver system. No visa obligation has been imposed on the Americans, but this cannot go on for ever, Mr Faull threatened. For now, the United States says it is taking the views set out by the Europeans very seriously. The memorandum of understanding is intended to launch discussions, and is not a final document, an official US source states. The aim is to reach an agreement to make the visa exemption programme more certain, the same source confirmed, suggesting however that the content of the agreement could vary depending on the efforts made by each member state when it comes to security. (B.C.)