(By Sade Gaja)
This article is based on a compte rendu made by Damien Green, on the justice and home affairs council meeting in Luxembourg at the European Commission.
He introduced a new Schengen second generation, that will first be tested in 2012 and should become effective in 2013 – Schengen information System II (SIS II).
SIS is common database used by participating European countries to maintain and distribute information on individuals and property.
SIS will be run by a new created IT Agency, responsible for systems in the areas of security, justice and freedom.
Green has also reported that Member States have been congratulated on successful rollout of the European Union Visa Information System (VIS). VIS is a database for visa applications by non EU nationals to North Africa. VIS will be run by the new IT agency along with EURODAC (the European fingerprint database for identifying asylum seekers and others who cross borders). The UK is not bound by the VIS regulation because it does not participate in the common visa element of Schengen.
Green also disclosed that the European Commission had presented its plans on smart borders including an entry–exit system and registered traveler programme for the Schengen area. He said that the smart borders package would require time and investment and there are important data protection issues to address. He added that before bringing out legislative proposals in 2012, the European Commission wishes to secure the support of MSs and the EP. MSs expressed broad support for the communication and highlighted the potentials benefits for enhancing internal security, combating crime, identifying visa overstayers and reducing border crossing time for regular travelers. However, this will require a financial investment and thus cost-benefit analysis will be carried out before proceedings. The UK is also excluded from these arrangements as it involves elements of Schengen in which it does not participate.
The possibility of creating an EU finance tracking system has also been stated despite leaving the debate open as to whether the technology was needed .On the one hand The European Union counter terrorism coordinator and Europol were supportive of the system and on the other hand the EP was divided.
MSs noted the need to ensure data protection given the current transfer of bulk data under the EU-US agreement but there were concerns on cost of the proposal.
UK requested details about added value of the proposals, options, and costs.
Green revealed in his statement that the commission had provided an update on the negotiations with the United States regarding an EU-US agreement on data protection. Discussion on passenger name records (PNR) with the US had reached an advance stage and a political understanding had been reached.
Retention would be 15 years for terrorism and 10 years for others serious crime punishable by three years under US Law. The UK supports the idea of an EU-US agreement and Green restated how pleased it was that agreement has almost been reached.
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