VZCZCXYZ5318
RR RUEHWEB

DE RUEHBS #0325/01 0640926
ZNR UUUUU ZZH
R 040926Z MAR 08
FM USEU BRUSSELS
TO RUEHC/SECSTATE WASHDC
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEAWJA/DOJ WASHDC
RUEHGV/USMISSION GENEVA

UNCLAS USEU BRUSSELS 000325 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: CVIS PREL PREF SMIG KCRM EUN
SUBJECT: LIECHTENSTEIN SET TO JOIN SCHENGEN AREA 
 
 
SUMMARY 
------- 
 
¶1.  In addition to discussions of the Visa Waiver Program and the 
question of the MOU with the Czech Republic (SEPTEL), EU Interior 
ministers in the February 28 JHA Council gave their backing to 
Liechtenstein's entry into the Schengen area in spite of the tax 
fraud scandal now affecting the principality's relations with 
Germany and other EU countries.  Ministers signed a Schengen 
Protocol that paves the way for Liechtenstein's accession to the 
borderless zone along with Switzerland in November 2008, subject to 
ratification of the instrument by the other Schengen members.  The 
Council also confirmed another delay of the entry into force of the 
second-generation Schengen Information System (SIS II) to September 
¶2009.  The Council did not solve all outstanding issues related to 
the transformation of Europol (European Police Office) into a 
fully-fledged EU agency.  Commission Vice-President Frattini 
proposed that EU Member States should guarantee "some kind of mutual 
recognition of (the right to) protection" for people under national 
security protection.  Full text of Council conclusions has been 
transmitted to EUR/ERA and can be found on the EU Council website 
(http://consilium.europa.eu).  END SUMMARY. 
 
LIECHTENSTEIN TO JOIN SCHENGEN AREA 
----------------------------------- 
 
¶2.  EU Interior ministers in the February 28 JHA Council gave their 
backing to Liechtenstein's entry into the Schengen area in spite of 
the tax fraud scandal that is rocking the principality's relations 
with Germany and other EU countries.  EU officials reported that the 
approval "went through without any debate."  Commission 
Vice-President Frattini told media that the tax evasion 
investigations involving Liechtenstein should not prevent the 
principality from entering the visa-free travel zone, arguing it was 
"simply not possible to have an enclave in the center of Europe." 
EU ministers consequently signed protocols on the accession of the 
Liechtenstein to Schengen and to Eurodac/Dublin, alongside 
representatives of Switzerland and Liechtenstein, which was 
represented by PM Hasler: 
-- With the Schengen protocol, Liechtenstein will accede to the 
Schengen association agreement with Switzerland, granting it the 
same rights and obligations as the Swiss Confederation; 
-- With the Eurodac/Dublin protocol, Liechtenstein will have to 
accept the entire Dublin/Eurodac "acquis," i.e. the criteria and 
mechanisms for establishing the State responsible for examining a 
request for asylum lodged in a Member State or in Switzerland. 
 
¶3.  Although the exact date of Liechtenstein's entry into "Schengen" 
is not set in stone yet, accession is now closely tied to the 
accession of Switzerland, which is due to join the area by November 
¶2008.  The Protocol still needs to be ratified by member countries, 
which could still provide an opportunity for some EU members to 
press for better cooperation on tax fraud.  Asked if Germany would 
hold off on approving Liechtenstein's accession, Interior Minister 
Wolfgang Schaeuble told reporters: "In principle we are willing to 
ratify it, but there have been talks (on combating fraud) and they 
have to show some effect." 
 
SCHENGEN INFORMATION SYSTEM 
--------------------------- 
 
¶4.  The ministers have also confirmed yet another delay of the entry 
into force of the second-generation Schengen Information System (SIS 
II), from December 2008 to September 2009.  By that date, all 
Schengen members will have to move to the new system, thus allowing 
the sharing of biometric data on top of information gathered in the 
current database.  The ministers also discussed ways of preventing 
another delay.  A group of Member States, including Germany, France, 
Italy and Spain, has set up an informal "Friends of SIS II" group to 
push for a speedy launch of the new database. 
 
RETURNING ILLEGALLY-STAYING NON-EU NATIONALS 
-------------------------------------------- 
 
¶5.  The Council noted the state of play of a draft proposal on 
common standards and procedures in Member States for returning 
illegally staying non-EU nationals.  The proposal deals with issues 
such as the voluntary departure of returnees, the execution of a 
return decision through a removal procedure, the postponement of 
removal, the imposition of entry bans as accompanying measure to a 
return decision, the form of the return decision, remedies against a 
return decision and the safeguards for a returnee pending return, 
etc.  The Directive has to be adopted in co-decision with the 
European Parliament.  The Slovenian Presidency, which is pushing for 
a first-reading agreement with the EP, reported progress in its 
talks with Parliament and within the competent Council bodies. 
 
FRAMEWORK-DECISION ON COMBATING TERRORISM 
----------------------------------------- 
¶6.  The Council reviewed a proposal amending its 2002 
Framework-Decision on combating terrorism, which criminalizes 
terrorist offences prepared or committed with the aim of seriously 
damaging a country or international organization.  The proposal 
would make incitement to commit terrorist acts, public incitement to 
commit such acts and recruiting for terrorism and training 
punishable offenses, while bringing the EU piece into line with the 
2005 COE (Council of Europe) Convention on the Prevention of 
Terrorism.  The criminalization of the aforementioned acts under the 
Framework Decision will make it possible for sanctions and rules on 
jurisdiction to be applied, as laid down in the Decision.  Europol 
and Eurojust would be able to conduct investigations more 
efficiently.  Most EU Member States support the inclusion of the 
principle of proportionality in the preamble.  The Slovenian 
Presidency will strive to ensure basic agreement on the text at the 
April JHA Council. 
EUROPOL 
------- 
 
¶7.  The Council discussed specific issues raised by the draft 
Decision establishing the European Police Office, which would make 
Europol a fully-fledged EU Agency.  Ministers agreed on the lifting 
of immunity for Europol officials when participating in operational 
activities, especially Joint Investigation Teams (JITs), as well as 
on the principle of staff rotation and the possibility for Europol 
staff participating in JIT to receive instructions from the team 
leader.  They failed on the issue of the agency's budget, as some 
Member States, led by net EU budget contributors the Netherlands and 
Sweden, had questions on Community financing.  The Commission will 
submit additional information to the Council.  The Slovenian 
Presidency will seek a political agreement on the draft at the April 
JHA Council. 
 
HIRSI ALI: FRATTINI PROPOSES EU-WIDE PROTECTION 
--------------------------------------------- -- 
 
¶8.  Speaking at the final press conference, Commission 
Vice-President Frattini said the Council heard a presentation by 
Dutch Justice Minister Hirsch Ballin concerning the case of Ayaan 
Hirsi Ali, a former Dutch lawmaker facing death threats for her 
outspoken criticism of Islam.  The Dutch government stopped paying 
for her security in October 2007 after she moved to the U.S. 
Frattini told reporters he had made a proposal to ministers for the 
EU countries "to think about some kind of mutual recognition of (the 
right to) protection" for people under national security protection. 
 Frattini said he "noted a unanimous consensus" among ministers to 
guarantee the right of free movement.  He argued that such EU-wide 
recognition would be natural "to guarantee one of the most important 
rights," adding: "We reaffirm the principle of mutual recognition in 
so many cases.  Why not in situations where people are under 
threat?"   Frattini did not go into specifics nor did he provide any 
indication on the financing of protection costs.  While Frattini may 
find it logical that the host country would have to bear the 
protection costs, other EU sources voiced doubts such a scheme could 
be implemented so easily.  Hirsi Ali visited the European Parliament 
in Brussels some two weeks ago.  French MEPs started a campaign to 
generate support for the EU to pay for her security. 
 
OTHER ISSUES 
------------ 
 
¶9.  The Council reviewed the state of play in the ratification of 
the U.S.-EU Agreements on extradition and mutual assistance in 
criminal matters signed in Washington in June 2003.  The Slovenian 
Presidency noted that a majority of Member States have already 
completed the ratification procedure.  The topic failed to draw any 
public comment. 
 
¶10.  Justice ministers also: 
-- Recorded their formal approval (thus confirming a decision 
reached in principle during the previous Portuguese Presidency) on a 
draft Directive on certain aspects of mediation in civil and 
economic matters.  This piece is designed to ease access to 
alternative dispute resolution and promote the settlement of 
disputes out of court.  The draft still has to be reviewed by the 
European Parliament; 
 
-- Heard presentations by the Commission of its proposals for a 
Directive on ship-source pollution and for the creation of a 
"Justice Forum" of legal practitioners dealing with the 
implementation, enforcement and consequences of Justice, Freedom and 
Security (JLS) policies, to be involved in a dialogue with the 
Commission JLS department. 
 
MURRAY