Showing posts with label Schengen. Show all posts
Showing posts with label Schengen. Show all posts

Thursday, 12 January 2012

Thorny questions for Denmark and EU Council

Each EU Council presidency has to confront a number of difficult issues. Denmark is no exception. Here I am going to name but two thorny issues, both relating to the area of freedom, security and justice (AFSJ), or justice and home affairs (JHA).


Schengen entry: Bulgaria and Romania

Wikipedia offers an overview of the Schengen Area covering 26 countries and 400 million people, with common external border controls, but free travel within.

The challenge for the Danish presidency is the Schengen entry of Bulgaria and Romania, approved by the European Parliament but still not clear of the Council.

On 9 December 2011 the European Council concluded (document EUCO 139/11, paragraph 15, page 6):

15. Recalling its discussions of June and October 2011, the European Council notes that all legal conditions have been met for the decision on Bulgaria's and Romania's accession to the Schengen area to be taken. It calls on the Council to adopt this decision as soon as possible. If necessary, the European Council will return to this issue at its March 2012 meeting.

Finland had dropped its resistance, but the entry was still vetoed by the Netherlands. The Danish Council presidency tries to find a way to clear the last obstacle (Novinite.com).

Can anything be done between now and 1 March 2012?


Hungary

The Fidezs government in Hungary has energetically legislated and governed away an astonishing number of European founding values, fundamental rights and legal rules.

Essentially, when an EU member state starts taking leave of the Copenhagen criteria, the crisis is political, and the responses should be political and principled, while the legal remedies are more limited. Primarily, the Europarties and the governments of the member states should react, but we have seen worrying lacunae and minimalistic approaches.

The Commission has now stated that Hungary has not taken effective action to curb its budget deficit. The Commission is also investigating the compatibility of new Hungarian laws with EU legislation regarding the independence of the national central bank, measures concerning the judiciary and in particular mandatory early retirement of judges and prosecutors at the age of 62 instead of 70 and the independence of the national data protection authority.

Liberal and centre-left parliamentarians in Denmark voiced serious concerns about core values of the European Union being threatened (EurActiv), but leaders of the EU member states have been awkwardly silent and the European People's Party has been legalistic and minimalistic in its belated response.


News and activities

You can follow events through the web pages of the Danish presidency, or subscribe to news by different channels. You can find and participate in Twitter discussion under the hashtag #eu2012dk, as well as follow the presidency @eu2012dk and its spokespersons in Brussels @SpoxBrx_DK.



Ralf Grahn

Denmark: EU Council presidency with opt-outs

The previous Grahnlaw post mentioned three of the Danish EU opt-outs. Let us take a brief look at all of them.


Danish opt-outs

At least on paper, Denmark looks like Britain, having four opt-outs from European co-operation. These opt-outs concern defence policy, justice and home affairs, the euro and union citizenship, the Folketinget (parliament) mentions in its presentation.

Earlier governments as well as the current one, led by Helle Thorning-Schmidt, have toyed with the idea to scrap one or more of the opt-outs. It would be in the national interest according to the Danish Institute for International Studies (DIIS), but the politicians have not yet braved the uncertain outcome of a national referendum.

The atmosphere in Denmark is much more cooperative, constructive and positive than in the United Kingdom, where obstructionism, vetoes, repatriation of powers and calls for secession compete for the top spot, interspersed by occasional reminders about the importance of the internal market for British jobs and businesses.

Fiscal pacts and Schengen

Denmark participates in the Euro Plus Pact and in the negotiations aiming at a new, intergovernmental fiscal compact. The UK remains outside the first and has forced the intergovernmental route for the second.

Denmark is also a part of the Schengen Area with common external borders and free travel inside.

***

The NYT IHT offers a description of Denmark's position at the beginning of the Council presidency.



Ralf Grahn

Saturday, 26 February 2011

From Libya to Brazil, interior goes international (EU Justice and Home Affairs Council)

Only the first day conclusions were posted on the Consilium front page, but the Justice and Home Affairs (JHA) Council was a two day meeting. For those who may have missed the conclusions by the justice ministers and ministers of the interior of the EU member states reflecting both days of the meeting, here they are:

3071st Council meeting Justice and Home Affairs; Brussels, 24 and 25 February 2011 (Council document 7012/11; 20 pages)

In the shadow of events in Northern Africa, especially the barbaric repression in Libya, and pressures from asylum seekers and unauthorised migrants in the Southern member states of the European Union, including a future readmission agreement with Turkey, some important, but less mediatic issues were on the agenda.

These other matters included the Internal Security Strategy (ISS) of the EU, attacks against information systems, jurisdiction in civil and commercial matters (Brussels I), the right to information in criminal proceedings, the migration of the EJN-network to the European e-Justice portal, remembering the crimes committed by totalitarian regimes in Europe, collective redress and the enforcement of court decisions in third countries concerning custody.

In the margins of the Council meeting, the Mixed Committee with Iceland, Liechtenstein, Norway and Switzerland discussed a number of issues related to the Schengen borders: the Schengen Information System II (SIS II), the Visa Information System (VIS), the 2011 work programme of the European border agency Frontex, the accession of Bulgaria and Romania to the Schengen area, the Visa liberalisation process for the Western Balkans, visa waiver reciprocity and Canada's unilateral visa requirements for Czech nationals, and Liechtenstein's Schengen accession procedure.

Further, the Council concluded two visa liberalisation agreements with Brazil, adopted conclusions regarding the Charter of Fundamental Rights of the European Union, adopted conclusions about personal data protection in the EU, took note of a report about combating drug traficking from West Africa, adopted a decision to create a Subcommittee on Political Dialogue, Security and Human Rights with Algeria, decided to renegotiate a monetary agreement with Monaco, and decided to sign a fisheries agreement with São Tomé and Príncipe.


Interior goes international

A hefty agenda; just naming the issues, I almost ran out of breath.

It was also a wide-ranging agenda. As we saw, the issues ranged from Libya to Brazil, passing through Algeria, Canada, Iceland, Liechtenstein, Norway, São Tomé, Switzerland, Turkey and the Western Balkans on the way, but they end up as justice and home affairs (in French: Justice et affaires intérieures, JAI) for the European Union and its member states.

Traditionally, justice and home affairs (freedom, security and justice, FSJ) were the essence of domestic politics and policies, but nowadays it is increasingly impossible to escape the need for rules and practices to deal with cross-border and international issues and aspects.



Ralf Grahn



P.S. Charlemagne's notebook is one of the ”must read” blogs on European affairs, partly because its roots in the British soil.


P.S. 2: As an overview for those interested, here are the latest entries on my Euroblogs, three unilingual and one trilingual.

Grahnblawg (in Swedish): EU-rådet för allmänna frågor 21 februari 2011: Bedrövlig förhandsinformation

Grahnlaw Suomi Finland (in Swedish): EU-rådet för allmänna frågor: Vad gör Norden?

Grahnlaw: EU General Affairs Council (GAC) communication: Wrong, stupid and a missed opportunity

Grahnlaw Suomi Finland: EU cohesion policy conclusions reveal lack of transparency

Eurooppaoikeus (in Finnish): Mitä EU:n alue- ja rakennepolitiikasta puuttuu Suomessa?

Grahnlaw Suomi Finland (in Finnish): Yhteisvastuu Euroopan unionissa: Kysyntää riittää


If you share my interest in the European economy, EU business, politics or law, we could get acquainted through Twitter @RalfGrahn or Facebook.

Monday, 27 December 2010

Liechtenstein heading for Schengen area

We still do not know if the parliamentary question about EU trade agreements with Liechtenstein is nonsense, but we hope that reasons will be forthcoming if it makes sense: What does the Earl of Dartmouth know about the EU? (26 December 2010).

In this post we look at available information about the entry of Liechtenstein into the Schengen travel area with common external borders.


GAC conclusions

We return to the conclusions from the General Affairs Council (GAC) of the European Union:

Council conclusions on EU relations with EFTA countries; 3060th GENERAL AFFAIRS Council meeting Brussels, 14 December 2010

This is what the GAC had to say about the entry of Liechtenstein into the Schengen area:

20. Preparations for the association of Liechtenstein to the Schengen acquis are well advanced on both sides. The Council is looking forward to a rapid entry of Liechtenstein into the Schengen area.

Nice as such general remarks are, the public would be better served if the Council would be considerate enough to publish a memo on where matters stand and which issues remain open.


Liechtenstein protocol

The Treaties Office Database of the European Commission offers many useful features if you are looking for international agreements. 'By country' we find 67 treaties involving the European Union and Liechtenstein.

Among them we find the Liechtenstein protocol, officially:

Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (signed 28 February 2008, but not yet in force)

There is a summary of the contents of the Liechtenstein Schengen protocol, a link to the summary of the Schengen agreement of Switzerland and a link to the text of the Liechtenstein protocol.

Alternatively, you could have used word search 'Schengen' to locate two agreements with Iceland and Norway (1999), the agreement with Switzerland (2004) and the Liechtenstein protocol (2008).


Liechtenstein Schengen procedure

The Liechtenstein accession procedure to Switzerland's Schengen agreement can be followed under NLE/2006/0251 on the Legislative Observatory Oeil of the European Parliament.

After the entry into force of the Lisbon Treaty, a new consultation was launched.

The draft report by the Committee on Civil Liberties, Justice and Home Affairs is heading for the plenary on 14 February 2011. According to Oeil, the draft report is dated 1 December, but the document behind the link is actually dated 18 November 2010:

Draft recommendation on the draft Council Decisions on the conclusion on behalf of the European Union of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (06077/2010– C7-0141/2010 – 2006/0251(NLE))


Media

Finding useful information on the Council website or the government of Liechtenstein was not very rewarding, but local media are sometimes more informative than official sources:

Liechtensteiner Vaterland: Liechtenstein wartet auf grünes Licht (7 November 2010)



Ralf Grahn



P.S. Sauvons l'Europe is a pro-European 'progressive' voice for citizens, well worth reading and following.

Saturday, 25 December 2010

What does the EU want from Liechtenstein?

Our latest blog entry on EU-Lichtenstein relations looked at what the web pages of the European External Action Service (EEAS) and the EU delegation to Switzerland and Liechtenstein offer interested citizens: 'EU communication on EEA and EFTA member Liechtenstein' (24 December 2010), with links to earlier blog posts.

We return to the conclusions from the General Affairs Council (GAC) of the European Union:

Council conclusions on EU relations with EFTA countries; 3060th GENERAL AFFAIRS Council meeting Brussels, 14 December 2010


Conclusions specific to Liechtenstein


In this blog entry we present the GAC conclusions specific to Liechtenstein (points 17 to 24):


PRINCIPALITY OF LIECHTENSTEIN

17. Given its limited human resources, the swiftness shown by Liechtenstein in most areas in adopting European Union legislation and regularly updating its legislation in accordance with the evolving EU acquis is to be commended. The Council welcomes the positive report of the government of Liechtenstein published on the occasion of the 15th anniversary of membership in the EEA.

18. In the period 2008 to 2010, relations between the EU and Liechtenstein have substantially intensified and were marked by positive developments in a number of areas.

19. The Council welcomes the solidarity with the EU shown by the people of Liechtenstein when committing to continue and increase their contribution to the reduction of social and economic disparities in the EEA for the period 2009-2014.

20. Preparations for the association of Liechtenstein to the Schengen acquis are well advanced on both sides. The Council is looking forward to a rapid entry of Liechtenstein into the Schengen area.

21. With regard to cooperation and information exchange in tax matters and the fight against fraud and tax evasion and any other illegal activity to the detriment of the financial interests of the parties, the Council welcomes the commitments taken by the Principality to implement OECD standards on transparency and on tax information exchange and to fight against fraud, and calls on Liechtenstein to continue its efforts in this area. The Council expects a quick and consistent implementation of these commitments in the relationship between Liechtenstein and the EU and all its Member States.

22. Concerning the taxation of savings, the Council welcomes the openness of Liechtenstein to launch negotiations on a revision of the savings taxation agreement to reflect the evolution of the corresponding EU acquis, once the EU has agreed the final text for its review of the savings taxation directive.

23. Considering that the EFTA Surveillance Authority has taken in recent years several decisions relating to state aid granted by Liechtenstein, the Council reiterates its recommendation of 2008 that Liechtenstein assesses all measures applied to industry, services and trade with respect to the definition of state aid provided for in the EEA Agreement, particularly in finance. The Council welcomes the intention of Liechtenstein to reform its tax legislation and looks forward to a reform compatible with state aid legislation. The Council will closely follow the implementation of this reform.

24. With regard to harmful tax practices, the Council encourages the Principality to continue discussions with the EU on the application of the principles and criteria of the EU Code of Conduct on business taxation.

Sticking points

I would have hoped for more information on the web pages of the EU delegation (and links on the EEAS country page) about the entry of Liechtenstein into the Schengen area, as well as quality information about the EU's aims regarding more controversial issues, such as cooperation against fraud and tax evasion, the revision of the savings tax agreement, state aid reform and curtailing harmful tax practices.

In questions such as these the European Union needs to take a more open attitude towards specifying the problems (as it sees them), defining its objectives and publishing reports on progress (or lack of it) in negotiations.

We can also hope for the EU's counterparts to present their positions and arguments transparently, in this case the Principality of Liechtenstein.



Ralf Grahn



P.S. The joint statement by EU High Representative Catherine Ashton and US Secretary of State Hillary Clinton on the post-Presidential elections situation in Belarus (23 December 2010) is an important first call for the respect of democratic principles and human rights in Belarus, after the bankruptcy of the policy of 'constructive engagement' with the last dictator of Europe.

Wednesday, 20 October 2010

Can’t live with them, can’t live without them: European Union and Switzerland

The relations between landlocked Switzerland and the surrounding European Union are special in many respects. Trade, transport, free movement including migration and cross-border work, banking (secrecy) and tax (evasion) are highly visible ingredients. Here are a few background notes in the form of earlier blog posts and an evaluation of what the EU institutions currently offer interested businesses and citizens.

Grahnlaw blog posts

Internal market: Switzerland at the heart of Europe? (2 February 2010)

Switzerland is a member of the European Free Trade Association (EFTA): EFTA member Switzerland outside EEA and EU (3 February 2010).

Switzerland has previously rejected membership in the European Union (EU) as well as in the European Economic Area (EEA), which extends the internal market to Iceland, Liechtenstein and Norway. Switzerland has concluded a host of bilateral agreements with the EU: EU and Switzerland: Bilateral treaties and challenges (5 February 2010).

Tax matters for Switzerland and the European Union (6 February 2010)

Hot tax row between Germany and Switzerland (7 February 2010)

EU against tax fraud (8 February 2010)

EEAS

Switzerland is not found among the top items on the front page of the European External Action Service (EEAS) this morning.

The EEAS pages are clear and easy to navigate. It is easy to find the country page for Switzerland, with a few basic facts and links to further sources.

The EU delegation for Switzerland and Liechtenstein in Bern offers additional information about the bilateral relations, in German, French and Italian.

The central EEAS pages are short on information about the important Schengen agreement, implemented since December 2008 (admittedly home affairs). They are also vague with regard to political perspectives and aspirations for the future relationship generally, although there are links to two presidential public appearances during the last months, one by Herman Van Rompuy and the latest one by José Manuel Barroso.

Bilateral treaties

Formally, the Treaties Office of the EU today lists 179 bilateral treaties with Switzerland, although in current discussions about 120 treaties is often mentioned as the existing (real) number.

If we look at fresh Council document references, matters concerning Schengen implementation seem to be the run of the mill cooperation issues between EU and Swiss officials (as well as with those from Iceland, Norway and Liechtenstein).

More informative from a general point of view is the European Parliament resolution of 7 September 2010 on EEA-Switzerland: Obstacles with regard to the full implementation of the internal market P7_TA-PROV(2010)0300. It is based on an own-initiative report, procedure file INI/2009/2176.

Comment

My search was not exhaustive or methodical enough to unearth everything, but an attempt to find materials readily available to assess were the relations are heading. Despite the Barroso and Van Rompuy speeches I did not go into in this blog post, with regard to my objective the European Parliament came out on top, because it actually discusses problems and challenges from an important and a fairly broad perspective: trade and the free movement of services and persons (internal market).


Ralf Grahn


P.S. Presseurop is an important resource for people interested in European affairs. It presents itself in the following manner:

Presseurop.eu is a Paris based news website publishing a daily selection of articles chosen from more than 200 international news titles, then translated into ten languages - English, German, French, Spanish, Romanian, Italian, Portuguese, Dutch, Polish and Czech.

The multilingual blog aggregator Bloggingportal.eu brings European online discussions to a screen in front of you, from 675 EU related blogs. A few more voluntary editors are needed for tagging and selecting posts from the listed Euroblogs.

Monday, 19 April 2010

EU Visa Code and Visa Handbook

Every year, millions of third country nationals come into contact with consular representations of the Schengen states in order to visit one or more of the 25 countries of common travel area. Some 10.4 million visas were issued in 2008.

In addition to the applicants (incoming travelers), the EU (Community) Visa Code affects friends, relatives and businesses in the Schengen states.


Officially it is called the Community Code on Visas, but with the entry into force of the Treaty of Lisbon the European Community melted into the European Union (EU). Thus, we speak about the EU Visa Code, when we refer to:





REGULATION (EC) No 810/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009 establishing a Community Code on Visas (Visa Code); published in the Official Journal of the European Union (OJEU) 15.9.2009 L 243/1.


Visa Handbook 2010


Operational instructions on the practical application of the provisions of the Regulation 810/2009 have been drawn up in view of ensuring a harmonised implementation of these provisions.

Only the Bulgarian, Czech, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish texts are authentic. [Not Danish, English or Irish.]

Ironically, at this time I was able to locate the fresh Visa Handbook only in English and two other working languages of the European Commission:




COMMISSION DECISION of 19.3.2010 establishing the Handbook for the processing of visa applications and the modification of issued visas; C(2010) 1620 final



DÉCISION DE LA COMMISSION du 19.3.2010 établissant le Manuel relatif au traitement des demandes de visa et à la modification des visas; C(1620) final



BESCHLUSS DER KOMMISSION vom 19.03.2010 über ein Handbuch für die Bearbeitung von Visumanträgen und die Änderung von bereits erteilten Visa; K(2010) 1620 endgültig


Perhaps the consular staffs and the public can expect to find the missing language versions published in the OJEU one of these days.




Ralf Grahn

Monday, 12 April 2010

New EU Visa Code affects millions

On 5 April 2010 the new EU Visa Code became applicable, concerning short-stay visas (for 90 days). The Visa Code affects third-country nationals, who want to travel to the 22 EU states and the three non-EU members of the Schengen area, without internal border controls. More than 10 million visas were issued in 2008.

Of the EU member states Bulgaria, Cyprus and Romania have not yet made it into the Schengen zone. Ireland and the United Kingdom have chosen to remain outside.

The three non-EU Schengen member states are Iceland, Norway and Switzerland.

Here is a roundup of news reports and comments aimed at the general public:


BBC News: EU harmonises Schengen visa rules (5 April 2010)


Deutsche Welle: EU unveils improved Schengen visa application system (5 April 2010)


Radio Netherlands Worldwide: EU visa deal will ease travel for millions (6 April 2010)


EUobserver.com, Andrew Rettman: EU relaxes rules on short-stay visas (6 April 2010)


RTT News: EU Unveils New Visa Application System For Schengen Zone (5 April 2010)


Voice of Russia, Ilya Kharlamov: Schengen more transparent but not more accessible (5 April 2010)


Novinite.com: EU Streamlines Schengen Visa System (5 April 2010)



EU Commission



A press release, available in 22 languages, from the European Commission outlined the main changes: A step forward for the common visa policy: the EU Visa Code becomes applicable (IP/10/387; 30 March 2010).


MEMO/10/111 of 30 March 2010, published only in English, offered more exact details and references, including to the legal acts: The EU Visa Code will apply from 5 April 2010.




Ralf Grahn

Saturday, 10 April 2010

Freedom to travel: Schengen long-stay visas

Third-country nationals legally residing in the Schengen area on the basis of a long-stay visa have been unable to travel to other member states during their stay or to transit through the territories of other (EU) member states when returning to their home country.

A new EU Regulation now extends the principle of equivalence between residence permits and short-stay visas issued by the Member States, fully implementing the Schengen acquis to long-stay visas. As a result, a long-stay visa should have the same effects as a residence permit as regards the freedom of movement of the holder in the Schengen Area.

A third-country national holding a long-stay visa issued by a Member State should therefore be allowed to travel to other Member States for three months in any six- month period, under the same conditions as the holder of a residence permit. The Regulation does not affect the rules regarding the conditions for issuing long-stay visas:



Regulation (EU) No 265/2010 of the European Parliament and of the Council of 25 March 2010 amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa; published OJEU 31.3.2010 L 85/1.

The directly applicable Regulation 265/2010 entered into force on 5 April 2010.

The United Kingdom and Ireland do not take part in the new arrangement.




Ralf Grahn

Thursday, 4 February 2010

Freedom to travel for Schengen migrants on long-stay visas

The current situation has led to thousands of complaints, says the European Parliament rapporteur Carlos Coelho.




The Grahnlaw blog post Schengen residents with long-stay visa: Proposals on freedom to travel (3 February 2010) mentioned the travel restrictions on legally residing migrants with a national long-stay visa. We also mentioned the Regulations proposed by the European Commission in COM(2009) 90 final and COM(2009) 91 final to enable these expats with “D visas” to travel inside the Schengen area.


The proposals have now advanced in the European Parliament to the stage where the Committee on Civil Liberties, Justice and Home Affairs (LIBE) is set to adopt its report today, based on the draft prepared by Carlos Coelho (rapporteur):



Draft report PE430.461 on the proposal for a regulation of the European Parliament and of the Council amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa (COM(2009)0091 – C6 0076/2009 – 2009/0028(COD))



The other draft report is PE430.459 on the proposal for a Council regulation amending the Convention Implementing the Schengen Agreement as regards long stay visa and alerts in the Schengen Information System (COM(2009)0090 – C6 0107/2009 – 2009/0025(CNS)).

Here the procedure will probably change from consultation to the ordinary legislative procedure, due to the entry into force of the Lisbon Treaty.


Concerning both proposals the rapporteur noted the entry into force of the Lisbon Treaty, as well as the “omnibus Communication” being prepared with regard to the new legal bases. He also expressed uncertainty whether the national Parliaments have yet to be consulted and granted an 8 weeks period to react on the files which are pending at the moment when the Treaty of Lisbon comes into force.


We may be somewhat wiser with regard to the possible amendments and the procedures after the LIBE meeting today.

Anyway, improvements seem to be on their way for legal migrants on long-stay visas.




Ralf Grahn






P.S. Cross-border communication about European issues is important for our future, and Euroblogs offer an enjoyable way to improve our language skills.

Eva Peña in Barcelona writes expertly and critically about the challenges of the European Union and the EU politics of Spain on Eva en Europa (in Spanish).

Perhaps inspired by the Spanish presidency of the Council of the European Union, bloggers in Spain can now be found on a new aggregator Europeando.eu, with posts in Spanish, Catalan and Galician.

Eva en Europa is listed among 522 great Euroblogs (at the latest count) on growing multilingual Bloggingportal.eu, your useful one-stop-shop for fact, opinion and gossip on European affairs: politics, more than thirty policy areas, communication, economics, finance, business, civil society and law.

If you are interested in the EU or the euroblogosphere, you can also subscribe to the RSS feed for new blog posts appearing on Bloggingportal.eu.

By the way, I also discuss European issues in Finnish on Eurooppaoikeus and in Swedish on Grahnblawg.

Wednesday, 3 February 2010

Schengen residents with long-stay visa: Proposals on freedom to travel

There is a problem concerning circulation within the Schengen area without internal borders for third-country nationals legally residing in one of the Schengen states on the basis of a long-stay "D" visa issued by that member state:

Lacking a residence permit, D visa holders are not allowed to travel to the other member states during their stay; nor are they allowed to transit through the other states when returning to their country of origin, as this is not provided for by the Schengen Convention.


Due to the different legal bases and procedures, the European Commission made two parallel proposals in order to remedy the problem:





Proposal for a COUNCIL REGULATION amending the Convention Implementing the Schengen Agreement as regards long stay visa and alerts in the Schengen Information System; Brussels, 27.2.2009 COM(2009) 90 final (11 pages)




Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of […] amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa; Brussels, 27.2.2009 COM(2009) 91 final (11 pages)


The aim of the proposals is to extend the principle of equivalence between a residence permit and short-stay visas to long-stay D visas; hence a long-stay visa would have the same effects as a residence permit as regards circulation in the Schengen area.



Visa Code


Meanwhile, the Visa Code, Regulation 810/2009 has been approved:




REGULATION (EC) No 810/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009 establishing a Community Code on Visas (Visa Code); published in the Official Journal of the European Union (OJEU) 15.9.2009 L 243/1



Article 1
Objective and scope

1. This Regulation establishes the procedures and conditions for issuing visas for transit through or intended stays in the territory of the Member States not exceeding three months in any six-month period.

2. The provisions of this Regulation shall apply to any third-country national who must be in possession of a visa when crossing the external borders of the Member States pursuant to Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, without prejudice to:

(a) the rights of free movement enjoyed by third-country nationals who are family members of citizens of the Union;

(b) the equivalent rights enjoyed by third-country nationals and their family members, who, under agreements between the Community and its Member States, on the one hand, and these third countries, on the other, enjoy rights of free movement equivalent to those of Union citizens and members of their families.

3. This Regulation also lists the third countries whose nationals are required to hold an airport transit visa by way of exception from the principle of free transit laid down in Annex 9 to the Chicago Convention on International Civil Aviation, and establishes the procedures and conditions for issuing visas for the purpose of transit through the international transit areas of Member States’ airports.



Regulation 810/2009, the Visa Code will apply from 5 April 2010.



Lisbon Treaty


The Treaty of Lisbon entered into force on 1 December 2009, so both proposals will probably be adopted under the ordinary legislative procedure.


***


We will return to look at the progress of the proposals to ease the travel restrictions on residents with long-stay visas.




Ralf Grahn







P.S. Sooner or later, I believe, the European Union has to become more openly and directly party political in order to become understood and approved by EU citizens.

Heralding this future of active citizens are the bilingual mirror blogs by a French PES activist: Eurosocialist in English and Eurosocialiste in French. Her motto is: A socialist view on Europe, a European view on socialism.

Eurosocialist/Eurosocialiste are listed among 522 great Euroblogs (at the latest count) on growing multilingual Bloggingportal.eu, your useful one-stop-shop for fact, opinion and gossip on European affairs, i.a. politics, more than thirty policy areas, communication, economics, finance, business, civil society and law.

At the same time Euroblogs are an agreeable way to brush up one’s skills in foreign languages.

If you are interested in the EU or the euroblogosphere, you can also subscribe to the RSS feed for new blog posts appearing on Bloggingportal.eu.

By the way, I also discuss European issues in Finnish on Eurooppaoikeus and in Swedish on Grahnblawg.

Saturday, 6 June 2009

EU: Passport biometrics

According to Article 62(2)(a) of the Treaty establishing the European Community (TEC), the Council shall establish standards and procedures to be followed by the member states in carrying out checks on persons at the external borders. The so called co-decision procedure applies (Articles 67 and 251 TEC).


Existing provisions are found in Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States, , published in the Official Journal of the European Union (OJEU) 29.12.2004 L 385/1.



Regulation 2252/2004 aimed at enhanced harmonised security standards for passports and travel documents to protect against falsification. At the same time biometric identifiers were integrated in the passport or travel document in order to establish a reliable link between the genuine holder and the document.

The Regulation concerning free movement of people is not applicable in Denmark, Ireland or the United Kingdom, but it applies to the Schengen area states Iceland, Norway and Switzerland, as well as Liechtenstein.


***


Amendments


Amendments are on their way. Although the provisions of the directly applicable Regulation are addressed to the EU member states, this is an example of EU legislation with direct consequences for ordinary citizens, who apply for passports for themselves and their under-age children.

Regulation (EC) No 444/2009 of the European Parliament and of the Council of 28 May 2009 amending Council Regulation (EC) No 2252/2004 on standards for security features and biometrics in passports and travel documents issued by Member States, published in the Official Journal of the European Union (OJEU) 6.6.2009 L 142/1.



According to the Regulation, passports are issued as individual documents, which means that children need their own passports.

In addition to a photo, the passport requires fingerprints. Because of difficulties getting reliable fingerprints of children, under 12 year olds are provisionally exempted, but existing national lower age limits of at least 6 years of age can continue for four years.

Additional technical specifications will be established for passports and travel documents in accordance with international standards, including in particular the recommendations of the International Civil Aviation Organisation (ICAO).


Ralf Grahn

Thursday, 28 May 2009

Iceland starts EU membership talks?

Today, 28 May 2009 the government of Iceland is going to put forward a proposal for authority to start negotiations on membership of the European Union.



If the Althingi (Parliament) grants the authority, Iceland is in “pole position” for accession due to its membership in the European Economic Area (EEA). Despite its severe economic crisis, Iceland is a stable democracy. Its Parliament, Althingi, evokes the longest parliamentary tradition in the world. It was established as a legislature and judiciary in 930. Iceland became a member of the Council of Europe in 1950.

Acquis communautaire

The internal market legislation of the European Community (European Union) is already in force. In addition, as an EEA country Iceland participates in a number of other policy areas and EU programmes.

Iceland participates in the Schengen area abolishing internal border controls and improving controls on the external borders, and it is a member of the NATO alliance in common with the mainstream members of the European Union.

In other words, Iceland already fulfils most of the EU membership criteria, although internal political differences and the difficulties concerning fisheries and agriculture should not be underestimated.

We can compare the situation with the EFTA countries Austria, Finland and Sweden. They had negotiated the EEA Agreement, which entered into force at the beginning of 1994. But they went on to upgrade their relationship with the European Union through full membership, which entered into force exactly a year later, in 1995.


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Membership application: Yes or no?

Today, 28 May 2009 the new Icelandic government is going to propose that the Althingi (Parliament) grants it powers to apply for membership in the European Union.

Iceland’s Ministry for Foreign Affairs offers the following overview in English:



Proposal for a Parliamentary Resolution on Application for Accession to the European Union

(Submitted to the 137th session of Parliament 2009)


The Parliament resolves to empower the Government to submit an application for membership of the European Union and upon the completion of negotiations with the Union to hold a national referendum on a prospective membership agreement.


Comments on the Proposal for a Parliamentary Resolution

The proposal on application for membership of the European Union is submitted in order to give the Icelandic people an opportunity to reject or accept an agreement on accession to the EU once negotiations have been concluded.

The application to the European Union is thus not equivalent to membership, upon which, indeed, it is for the Icelandic nation to take the final decision. In addition, a legislative proposal will be submitted on the holding of national referendums on important matters that the Government or Parliament decides to submit to the nation.

Prior to the start of negotiations, extensive consultations will take place with interest groups on agreement objectives in various sectors, such as fisheries, agriculture and regional issues, in the field of public services, the environment, equal rights and currency matters, and the broadest possible consensus will be sought on the basis for negotiations. The possibility of closer monetary cooperation will be explored in parallel to the negotiations on possible accession in order to support the Icelandic krona. Emphasis is placed on an open and transparent process and regular information sharing with the general public and interest groups.

A Committee of professionals will be appointed by the Government of Iceland to carry out the negotiations with the European Union. The Committee will be supported by a broad-based consultative body representing different interest groups, from which the Committee will seek advice and which the Committee will keep informed on the ongoing progress of negotiations. Iceland as a European nation wishes to take an active part in the development of a democratic Europe built on the foundations of social justice, equality and the respect for human dignity and the environment. Europe is the cornerstone of human rights in the world, and an advocate for stability, sustainable development, justice and prosperity throughout the world.
Parties concerned reserve the right to advocate for or against any final agreement, bearing in mind that possible support is contingent upon various provisos.

Iceland’s vital interests include:

• ensuring the sovereign control of water and energy resources and their utilization.

• ensuring the sovereign control of the fisheries resources, the sustainable utilization of these resources, and a share of straddling stocks and as much representation of national interests in international agreements on fisheries as possible.

• ensuring thriving Icelandic agriculture based on food security and safety.

• ensuring the democratic right to manage public services based on social principles.

• defending the rights of workers and labour.

• achieving a favourable and growth based competitive environment for business in Iceland while at the same time taking account of unique factors owing to specific circumstances.

It is foreseen that Parliament will establish a special European Parliamentary Committee, in which all the political parties will be represented, to consult with the Negotiating Committee to the European Union.


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Iceland’s international relations


The (previous) Government of Iceland presented a report on Iceland’s international relations to the Althingi in March 2009. (The link is to an 11 page excerpt available in English.)





Ralf Grahn

Sunday, 17 May 2009

Eurovision: Norway and Iceland – Nordics in EU

The Eurovision Song Contest migrates from oil and gas producing Russia to similarly employed Norway, but let us not draw too many parallels.

The European Economic Area (EEA) did rather well in the 2009 Eurovision Song Contest in Moscow. Alexander Rybak of Norway came out on top with Fairytale, and Yohanna from Iceland came second with Is It True?


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Norway

Today 17 May Norwegians have woken up to National Day (syttende mai), celebrated in an Independence Day atmosphere. Referendums have twice rejected membership in the European Union, and EFTA country Norway is a member of the internal market through the European Economic Area, the largest common market in the world with 500 million inhabitants. Norway participates in the Schengen Agreement on external border control and internal travel, as well as in various issues concerning the area of freedom, security and justice.

Norway is a wealthy and stable democracy, and it belongs to the top of the world in many international rankings.

Despite close cooperation, membership negotiations with the European Union are not part of Norway’s more serious Eurovision in the near future.


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Iceland

According the Iceland Review Online the new government of Prime Minister Jóhanna Sigurdadóttir is preparing a parliamentary resolution on launching EU membership talks, and has conducted advance discussions with the opposition parties.


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The resolution will be presented to the Althingi parliament next week, but it remains to be seen if Sigurdadóttir’s plan to submit a membership application in July will be approved by a parliament where most of the parties have resisted joining the EU.

Like Norway, Iceland is part of the fifteen year old EEA and the Schengen Agreement. Despite the financial disaster, Iceland is a stable democracy (with the world’s oldest parliament), rule of law, as well as Nordic quality governance and public services.

If the difficult issues, such as fishing rights, can be solved, most of the Community legislation (acquis communautaire) could be ticked off at record speed.

If matters advance that far, Icelanders would most probably decide on the membership in a referendum, but it is difficult to predict the outcome.


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Unenthusiastic Europeans?

People sometimes wonder that people in the Nordic countries inside the European Union are fairly unenthusiastic about the European project, and two still remain on the outside.

Denmark joined only in 1973, together with the United Kingdom and Ireland. Sweden and Finland became EU members even later, in 1995.

Norway and Iceland, as stated above, are still on the outside.

There are other causes, besides relatively short periods of EU membership. Despite high levels of taxation, Nordic citizens are justifiably proud of their economic and technological standards, quality of life, good governance, high quality public services and fairly equal societies.

EU (or continental) standards of governance are not necessarily perceived as improvements. Here the European Union has a lot to do, if it wants to be less of a let-down. On the other hand, only a constant willingness to learn and to improve will keep the Nordics in the top of the world leagues, so a degree of humility is not only becoming, it is a necessity.

The Eurovision of the Nordic EU members’ governments can hardly be described as enthusiastic, but generally as constructive and pragmatic.

Business interests hope for more decisive action by the EU to free world trade, to improve the internal market and to get the Lisbon Strategy for growth and jobs moving.

Citizens, perhaps grudgingly, gradually acknowledge the need for more Europe with regard to climate change, the environment, energy, development policies and peace missions.


Ralf Grahn

Sunday, 29 March 2009

Gordon Brown’s European mainstream

“So I stand here, proud to be British and proud to be European, representing a country that does not see itself as an island adrift from Europe, but as a country at the centre of Europe, not in Europe’s slip-stream but in Europe’s mainstream.”

Thus spoke UK prime minister Gordon Brown to the European Parliament on 24 March 2009.

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Europe’s mainstream?

Recent UK polls show very little recognition of a country where the population sees itself as in Europe’s mainstream or desiring to become part of it.

Even if Brown equated country and government, the statement is far from convincing.

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The UK government (not least Brown himself) has fought an ongoing battle to thwart or limit treaty reform aimed at making the European Union more effective, democratic and solidary, and British government representatives miss few opportunities to hamper progress during daily Council work.

Currently the United Kingdom has opt-outs from two crucial areas of EU policy: the Schengen agreement abolishing border controls and the third stage of economic and monetary union (the euro).

Under the Treaty of Lisbon, the British opt-outs would be extended to two new areas: the EU Charter of Fundamental Rights as well as police and judicial cooperation in criminal matters.

In each case the United Kingdom belongs to a fraction of EU member states outside the common framework (although only 16 have made it into the Eurozone as yet).

If Brown rejects the idea of his country being in the slip-stream of Europe, how about describing it as forming a counter-current to progress?


Ralf Grahn

Sunday, 23 December 2007

Isolationist UK

Yesterday I wrote about the new core areas of European integration, with new member states steadily advancing into the growing Schengen area, the expanding Eurozone and the shared values of the Charter of Fundamental Rights of the European Union, as well as most of them being dual EU and NATO members.

The more striking contrasts between old and new members are gradually disappearing, and the core groups are growing.

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The coin has a flip side. The old member states staying aloof from these areas of deeper integration are gradually marginalising themselves.

Rickety rules for unanimous decision making give ample scope for obstructionist tactics, but blocking decisions and hailing aborted deals as success stories is hardly a constructive line to take. It is hard to believe that isolationist policies are going to win friends and help to influence people within the European Union in the long run.

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One example of the political price self-imposed marginalisation may entail, came when Valéry Giscard d’Estaing answered a question about the new President of the European Council on his blog. VGE emphasised that the person should be selected with care, and he went on to say that he or she should come from a country which belongs to the Schengen area and the Eurozone and adheres to the Charter.

Any British candidate (including Tony Blair) was eliminated 3 to 0.

Of course, VGE is not part of the European Council now, but I imagine that his line of reasoning strikes a note with many European leaders.

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No wonder that the new Danish government wants to offer its people a chance to abolish the peculiar opt-outs of the country.

Not surprisingly the new Polish government wants to repair the damages caused by its predecessor.

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The United Kingdom has shown few such signs. These last months Great Britain seems to have drifted farther out into the Atlantic, without getting closer to the United States. The UK used the negative referendums on the Constitution for Europe for domestic purposes, having little to do with the reasons for failure in France and the Netherlands.

The UK launched new demands to generally weaken the treaty it had already signed in 2004 and to introduce non negotiable specific “red lines”. Once again, the European partners showed flexibility.

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Prime Minister Gordon Brown has not visited the European institutions specifically, something Chancellor Angela Merkel and President Nicolas Sarkozy did instantly after being installed.

The present European Commission is fairly pro-business, pro-globalisation and pro-enlargement. As such it could be an important ally for Britain, but nurturing constructive alliances does not seem to top the British agenda.

Brown has said little about the European Union, except that it should have a more global view and stop reforming its institutions. By signing the Treaty of Lisbon but missing the ceremony, Brown managed to harvest scorn from both anti-EU and pro-EU quarters. This snub to Britain’s oldest ally can have done little to enhance Brown’s prestige among European leaders or further British interests.

There are few indications that Brown’s grumpiness has placated the rabid domestic EU detractors, egged on by an imaginative tabloid press. (Calling this crowd eurosceptic is a euphemism.)

Failing to communicate clearly, why Britain’s interests lie within Europe, is a long term legacy of successive British governments, but Gordon Brown has let the situation worsen.

The Tory opposition has done its utmost to make Gordon Brown look like a real statesman, painting itself into a corner on European affairs, should it win a majority with an obligation to pursue real British interests.


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Perhaps we have to admit that Schengen, the euro and shared values are hopeless causes in Britain for domestic reasons, in spite of the negative consequences of being an outsider. There is one area, crucial for the future, where the United Kingdom could make a signal contribution, if it wanted to: defence.

The UK is a leading member of NATO and it has the best military capabilities among the EU countries. Here it is more difficult to see domestic reasons for the lack of progress. It rather looks like the umbilical cord tying Britain to the USA is the main reason for the failure to advance decisively to build a common European defence.

In the long run there seem to be few options to a common European defence (built on democratic accountability) in conjunction with the transatlantic ties offered by the intergovernmental NATO alliance. In these questions President Sarkozy seems to be somewhat closer to the truth.

As it is, Britain is decidedly an EU outsider, a leader of steadily shrinking groups of like-minded self-marginalising powers.

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The regional parliament in Scotland has demanded a British referendum on the Lisbon Treaty. This is only an opinion, since ratification is to be decided by the UK Parliament. But it shows that the pressure is growing.

At the same time, Labour is sinking like a stone in opinion polls. This might lead to Brown’s choice of parliamentary ratification being defeated, by the parliament most keen to be seen as the hallmark of parliamentary sovereignty. Hardly anyone believes that a referendum on an EU Treaty (regardless of content) can be won in Britain.

If the ratification process fails in Britain, it is hard to believe that EU leaders, fed up with 35 years of British obstructionism, would embark on a new round of negotiations to bring the UK on board.

A more probable scenario would be that the rest of the European Union, or at least the more willing member states, would re-establish the EU and upgrade its capacity at the same time.

The end result might come as a blessing for secessionist opinion, but it is hard to see how British long term interests would be served by reverting to isolationist policies.

For Great Britain insularity, isolation and exclusion may soon be more than mere mindsets, unless Scotland and Wales decide on a change of Union, leaving England behind.


Ralf Grahn

Saturday, 22 December 2007

EU core areas

Quite a lot has been written about it already. Yesterday nine new countries, Estonia, the Czech Republic, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia became part of the Schengen area. Internal controls at land and sea borders were lifted, and the airports will follow shortly. The people of these new member states became equal EU citizens in an area of free movement consisting of 24 countries.

A year ago Slovenia was the first new member state to introduce the euro currency, and at the beginning of 2008 the country will be the first of the new members at the helm of the European Union, responsible for the Council presidency. At the same time Malta and Cyprus are going to become eurozone countries. New candidates are striving to achieve the criteria.

The Charter of fundamental rights of the European Union (OJ 14 December 2007, C 303/1) is set to become legally binding along with the Treaty of Lisbon (OJ 17 December 2007, C 306/1). This manifestation of shared European values is going to unite all but two member states, Poland and Great Britain.

The new Polish government looks set to become a constructive force within the European Union. It has not been able to renounce the opt-out from the Charter yet, because it needs the support of the populist and moral conservative opposition to secure ratification of the Treaty of Lisbon. But in due course the values of the Charter may join all the countries save one.

Ten out of twelve new member states are already dual EU and NATO members. Only Cyprus and Malta joined the group of militarily uncommitted (Austria, Finland, Ireland and Sweden). Sooner or later the European Union should be able to establish a common defence (democratically accountable) strengthened by the intergovernmental transatlantic NATO tie.

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Increasingly the core areas of deeper European integration – Schengen, the euro, the Charter, and prospectively defence – attract new members. Ever more the advance groups are made up of both old and new member states. Progressively the distinctions between old and new are erased.


Ralf Grahn


Sources:

European Commission: Enlargement of the Schengen area: achieving the European goal of free movement of persons; Press release, 20 december 2007; http://europa.eu

European Commission: Background on Schengen enlargement; Memo, 20 December 2007; http://europa.eu

European Commission: Sixth report on practical preparations for the euro: countdown for Cyprus and Malta; Press release, 27 November 2007; http://europa.eu

Nato: NATO Member Countries; http://www.nato.int