Brussels, 11/03/2008 (Agence Europe) - On Thursday 13 March, the EU will try to dissuade the United States from engaging in bilateral negotiations with individual member states on new security requirements linked to US legislation on visa exemption - the Visa Waiver Programme (VWP) - at the EU-US justice and home affairs ministerial troika meeting.
This long-awaited meeting will give the EU the opportunity to show its ability to defend Community interests in this conflict over visas that has seen it at odds with Washington over the last several days. That, at least, is what Commissioner Franco Frattini suggested on Monday 10 March when he addressed the European Parliament (see related article). This discussion comes just as the Commission, on Tuesday 11 March, adopted draft negotiation directives, which will have to be approved by the Council, to reach agreement with the US on the VWP. The draft mandate seeks to make conditions for admission to the VWP the same for nationals of all member states and thus to maintain Community prerogatives, the paper adopted by the Commission says. The text states clearly that member states can negotiate bilateral agreements as long as the issues being negotiated do not fall within the negotiation directives. Similarly, if a member state has already signed an agreement or an arrangement with the United States in this area, it must not adopt or implement the measures contained within the agreement or arrangement if they fall within the negotiation directives. It says that, with regard to the Electronic Travel Authorisation (ETA), the Community, under the principle of reciprocity, would reserve the right to re-impose the requirement on US citizens to have a visa if it were to become apparent that the system lent itself to visa requirement. It is also said that the US will have to respect the agreement on the exchange of air passengers' personal data (PNR) concluded in 2007 and that the exchange of personal data will have to be in line with Community law. Coreper will consider this draft mandate on Wednesday morning to try to reach a qualified majority agreement on the text.
During the meeting, progress made by the EU-US high level group will be examined. It is highly unlikely that areas of agreement will be binding in the near future, given the issue of visa exemption. Other matters will be discussed: progress made on ratification of two agreements on mutual legal assistance and extradition, signed in Washington on 25 June 2003, sharing of best practice and information in combating terrorism, and reducing nuclear, radiological, biological and chemical (NRBC) risks. To close the troika meeting, the future French Presidency of the Council of the EU will present the priorities of its term of office, which begins on 1 July 2008. (B.C.)