Brussels, 05/01/2009 (Agence Europe) - From 30 December, Maltese nationals have been able to go to the US without being obliged to present a visa at US customs. On this date, the US Department of Homeland Security (DHS) designated Malta a member of its Visa Waiver Program (VWP). This development occurred just a few days after the ministerial justice and home affairs troika on 12 December in Washington (EUROPE 9804 and 9806).
Malta is therefore the 22nd member state of the European Union to join the VWP. The joint assistant secretary for Homeland Security, Stewart Baker, stated in a press release that he commends “Malta's commitment to meeting all of the security requirements for joining the Visa Waiver Program this year”. Jacques Barrot, the European commissioner in charge of justice, security and freedom declared: “I am very happy that this deal has been secured before the end of the year. This is the result of many years of effort by the Commission and the countries concerned”. The commissioner added that “it is a significant further step on the path to full visa-free reciprocity between the EU and the USA…I congratulate the US authorities for this decision”.
To qualify for the VWP, the Maltese authorities had to sign a cooperation agreement on information sharing in the context of the fight against terrorism and serious crime. Six countries joined the VWP on 17 November last (Czech Republic, Estonia, Latvia, Slovak Republic, Lithuania and Hungary) and also had to sign a similar agreement to qualify. The VWP will allow Maltese citizens to visit the US without a visa for a maximum stay of 90 days for tourism or business. They will, however, have to have an e-passport and an Electronic System for Travel Authorisation (ESTA). Travellers will have to provide biographical details and information about their visit: passport number, country of residence, possible serious contagious diseases, any criminal convictions etc. As from 12 January 2009, travellers from VWP countries can apply on-line through ESTA before going to the US. This programme will be compulsory for all travellers from the 22 member states of the EU that are part of the VWP (EUROPE 9784). The European Commission will soon be giving its verdict and will say if it considers ESTA as a visa. If it does, the EU will have no alternative but to impose visas on US nationals coming to Europe. In an interview with EUROPE, however, on 15 November, Mr Barrot stressed that “ESTA is not at all comparable to a visa in so far as it simply asks, online, for elements already gathered from passengers on paper” (EUROPE 9783). The US does not intend to do any kind of about-turn and is now awaiting comments from European countries. Out of more than 732,000 ESTA forms handed out, more than 99.7% were approved, the great majority of them in less than a minute.
At the same time as the bilateral discussions between the US and five applicant countries, the European Commission still hopes to conclude an exchange of letters with the US over the possible direction of Community negotiations. In March 2008, the EU concluded a “Twin-Track” approach, which it considered the best way of pushing negotiations forward (EUROPE 9617). Member states will be free to negotiate bilateral agreements with the US in respect of Community law but the EU can also negotiate with the US via a European mandate on Community affairs (EUROPE 9639). The EU has indicated that it has now been proved that all member states were applying the required measures on repatriating people deported from the US, document and airport security. The Commission proposed to the US in a letter last June to seal a deal through a simple exchange of letters (EUROPE 9709). During December's ministerial troika, the US delegation confirmed that it would answer this letter once questions on immigration had been tackled. The US is continuing to focus much of its interest on databases of migrants detained in the EU. (B.C./transl.rh)