Brussels, 28/02/2008 (Agence Europe) - On Thursday 28 February, EU interior ministers were only able to assess the level of damages done after the signing last Wednesday in Washington of a protocol for an agreement between the Czech Republic and the US for reinforcing security measures at US borders. The breach opened by Prague ought to allow new Union member states negotiate bilateral agreements for US visa wavers. Member states, nonetheless, agreed to define a framework for “common principles” in future bilateral negotiations, explained Slovenian interior minister, Dragutin Mate, at the end of the JHA Council.
The Czech Republic has created a great chill in the EU by signing the bilateral agreement that will allow its nationals a US visa waver when travelling to the US. In exchange, Prague accepted several demands from the US government to strengthen on-flight security to the US (EUROPE 9603). The Czech minister of the interior, Ivan Langer, justified the decision by explaining that his country should not have to wait four years for a result and that there was no question of waiting for EU negotiations on the issue.
The protocol signed with Washington by the Czech Republic includes: implementation of Electric Travel Authorisation - ETA) for gathering passenger information together. This system, advocated by the United States, would have practically the same features as a visa system except that it is free of charge. “This programme clearly falls within the scope of European legislation”, Mr Frattini said, despite the Czech minister's very opposite interpretation; - the sharing of air passengers' personal data to prevent any traveller who presents a potential security risk from entering US territory. The data of passengers flying over the United States but not stopping there have been withdrawn from the original text; - readmission of “former citizens” and third country nationals; - the acquisition of information on passports that have been stolen or lost. At the present time, such data is transferred from the member states to the United States through Interpol; - the obligation of having a biometric passport for travelling to the United States; - the presence of air marshals on flights to the United States; - and the right of scrutiny on the audit relating to airport control and management measures. This protocol differs considerably from the original text suggested by the United States. The red line has, however, been crossed at least at two points, notes a source close to the Slovenian EU Presidency. These two points are the ETA and biometric passports.
Several new member states are ready to imitate the Czech Republic: Hungary, Slovakia and the Baltic States, Mr Langer acknowledged, adding that Malta and Greece were also interested. These States are mainly those who are not part of the American Visa Waiver Programme (VWP), that is those states that entered the Union in 2004. The fifteen “old” member states (except for Greece) plus Slovenia are part of the VWP. For now, Poland refuses to form part of the deal in so far as the number of its nationals that have been refused a visa for the United States is too high (EUROPE 9480).
The Slovenian EU Council Presidency and the Commission nonetheless refuse to give up. “This is not a failure”, Mr Frattini said, seeking to justify the result. “The most important thing is implementation of the agreement not its signature”, he said, confirming that the agreement signed by the Czechs had no legally binding value. At this stage, the Commission refuses to initiate infringement proceedings against the Czech Republic. The Commission will not, however, hesitate to act if the measures for implementation do not come under Community scope, the Commissioner warned. The Commission is expected to prepare guidelines as a framework for the future bilateral agreements. The aim is to reach consensus on 6 March during the next Coreper meeting, before European partners meet their US counterparts on 13 March in Slovenia. (B.C.)