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UNCLAS SECTION 01 OF 02 BRUSSELS 002950 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: CVIS PREL PREF SMIG KCRM SW EUN
SUBJECT: EU COUNCIL EXPECTS FULL VISA RECIPROCITY BETWEEN U.S. AND 
ALL EU COUNTRIES 
 
SUMMARY 
------- 
 
¶1.  EU ministers in the September 18 Justice and Home Affairs (JHA) 
Council heard a presentation of the Commission's third report on the 
visa reciprocity mechanism, including the Visa Waiver Program (VWP) 
with the U.S.  Commission Vice-President Frattini and Portuguese 
Interior Minister/Council chair Rui Pereira expressed confidence 
that "in the near future," the U.S. will guarantee a "uniformity of 
treatment" to all EU Member States.  Ministers noted that the 
extension of the Schengen Information System to include the new EU 
Member States into the database was proceeding according to 
schedule.  They adopted conclusions on operations coordinated by the 
EU Borders Agency (FRONTEX) to cope with the influx of illegal 
migrants in the Mediterranean.  They agreed on the substance of a 
Regulation setting the security features and biometric identifiers 
to be used by the Member States in a uniform format of residence 
permit for non-EU nationals.  Judicial cooperation issues discussed 
at the Council will be reported SEPTEL.  Full text of Council 
conclusions has been transmitted to EUR/ERA.  END SUMMARY. 
 
VISA WAIVER RECIPROCITY/VISA WAIVER PROGRAM 
------------------------------------------- 
¶2.  At the September 18 JHA Council, Vice-President Frattini 
presented the Commission's third report on the visa reciprocity 
mechanism, including the VWP with the U.S.  Speaking at a joint 
press conference with Portuguese Interior Minister/Council chair Rui 
Pereira, Frattini said the report showed "very good progress" 
concerning the treatment of citizens from newest EU members Bulgaria 
and Romania, noting the lifting of the visa requirement by Mexico 
and New Zealand.  Further progress on reciprocity had also been 
recorded with Australia.  Frattini said the Council agreed to 
authorize the Commission to open negotiations for the conclusion of 
a short stay visa waiver agreement between the European Community 
and Brazil.  Frattini said the Commission was "not satisfied" about 
progress made with Canada.  The EU would expect Canada to lift the 
visa requirement for one or more EU Member States by the end of the 
year and to show further concrete progress toward reciprocity. 
Failing such progress, Frattini would have to recommend that 
"measures" be considered against Canada. 
¶3.  By contrast, Frattini welcomed the new legislation recently 
adopted by the U.S on modernizing the VWP.  Frattini said he was 
"very confident that in the near future," there would be "a 
uniformity of treatment for all member States vis-`-vis the U.S." 
In its conclusions, the Council said the adoption of the legislation 
"should pave the way for its extension to all Member States."   The 
conclusions said the Commission reserved "the right to propose 
retaliatory measures if expected progress toward full visa 
reciprocity fails to materialize in good time," a point not echoed 
by Frattini in his public comments.  Asked if the Council had shared 
Frattini's positive reading of the U.S. legislation, minister 
Pereira opined that "the new visa regime of the U.S. does allow for 
equal treatment of all EU citizens," adding: "I endorse the general 
view expressed by Vice-President Frattini."  The next Commission 
overall VWP report is due no later than June 2008. 
ENLARGEMENT OF SCHENGEN AREA 
---------------------------- 
 
¶4.  Meeting in the "Mixed Committee" with their Schengen 
counterparts from Iceland, Norway and Switzerland, ministers 
reviewed the implementation of the "SISone4all" project (read:  the 
temporary expansion of the current Schengen Information System to 
include the new EU Member States into the database system) and 
progress made by the future Schengen members to comply with the 
Schengen "acquis."  Minister Pereira said the technical part of the 
"SISone4all" project had progressed "smoothly," in accordance with 
the timetable.  The implication is that the Czech Republic, Estonia, 
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia 
have been able (since September 1, 2007) to use the SIS.  EU sources 
said some of the countries concerned had already announced hits in 
the system.  All new countries continue to prepare themselves for 
the planned deployment of the upgraded SIS II system. 
 
¶5.  Work on the evaluation of all non-SIS-related aspects (data 
protection, police cooperation, sea, land and air borders and 
visa-issuance) was about to be completed.  Frattini said he would 
not expect any problem regarding the evaluation and Pereira 
expressed confidence that the Schengen area will therefore "be able 
to enlarge by the end of the year" (opening of the land and sea 
borders with new countries could be envisaged in time for the 
Christmas period, he said).  The lifting of air borders would occur 
by the end of March 2008.  Frattini was "very much hoping" for a 
final decision on the lifting of checks at the next formal JHA 
Council on November 8-9. 
 
RESIDENCE PERMIT FOR NON-EU NATIONALS 
------------------------------------- 
 
¶6.  Ministers agreed on the substance of a Regulation setting the 
 
BRUSSELS 00002950  002 OF 002 
 
 
security features and biometric identifiers to be used by the Member 
States in a uniform format of residence permit for non-EU nationals. 
 The uniform format will "include a storage medium containing the 
facial image and two fingerprints images of the holder, both in 
interoperable formats."  The data shall be "secured and stored." 
The integrity, the authenticity and the confidentiality of the data 
will be guaranteed.  Technical specifications for the biometric 
identifiers would be set in accordance with the technical 
requirements for passports issued by Member States to their 
nationals. 
 
EU MARITIME BORDERS/FRONTEX OPERATIONS 
-------------------------------------- 
 
¶7.  Frattini said ministers assessed recent operations coordinated 
by the EU Borders Agency (FRONTEX) to cope with the influx of 
illegal migrants in the Mediterranean, based on a presentation by 
FRONTEX Director Laitinen.  Frattini noted that 500 staff from the 
EU Member States were now at the disposal of the Agency and "ready 
to be deployed" at very short notice.  Frattini mentioned that 
operations at sea recently made it possible to save more than 1,000 
lives and that more than 20 smugglers had been arrested. 
 
¶8.  Following on the June JHA Council, which discussed dramatic 
events in the Mediterranean, and subsequent work by the EU PermReps 
(COREPER), the Council adopted conclusions setting out measures to 
further strengthen the EU's Southern maritime borders.  The 
conclusions, meant to address Maltese concerns in dealing with the 
influx of illegal migrants crossing the Mediterranean, encourage the 
EU Member States, "in a spirit of solidarity and shared 
responsibilities, to provide support to each other on a bilateral 
basis."  Specific points are included regarding the types of support 
which Member States should provide to partners facing a "particular 
pressure" from illegal immigration: return operations, reception 
conditions, taking responsibility for asylum-seekers, etc.  Such 
pressure, the conclusions note, can arise from factors such as the 
geographical location of countries and "the degree to which 
neighboring third countries fulfill their international obligations 
on search and rescue." 
 
¶9.  Member States are also invited, in cooperation with FRONTEX, to 
"implement measures of a longer nature concerning maritime patrols 
at the Southern external border".  These measures could include 
joint operations at a limited number of high-risk areas. 
 
MURRAY