The EU and US agreed on Thursday a common approach to talks on the US visa waiver system, determining that matters falling within national responsibilities would be discussed by national authorities while those that fall in the scope of EU powers will be negotiated at the EU level.
"We made a proper distinction at what is possible to do at national level and what not," European Justice Commissioner Franco Frattini said after talks with US Homeland Security Secretary Michael Chertoff at Brdo pri Kranju.
Frattini's comment refers to several Eastern European member states which are not in the US visa-free travel programme and have signed bilateral memorandums of understanding, irking the European Commission and raising concerns that member states might be treated differently.
The two sides clarified today that the memorandums of understanding "constitute an expression of political will and they are a prerequisite for entry into visa waiver programme," Frattini said.
Chertoff said the memorandums were not meant to intrude on EU competencies. "This is not new, this is the understanding we have got all along...but it's good to be able to reaffirm this," he said.
Old member states bar Greece are in the visa waiver programme, as well as Slovenia as the only newcomer. The US has signed memorandums of understanding with the Czech Republic, Latvia and Estonia, with Hungary, Lithuania and Slovakia expected to follow suit on Friday.
While Frattini had earlier mentioned October as a possible date for the introduction of visa waiver for all member states, Chertoff pointed out that this depended on how well prepared the individual member states are.
"The standards have to be met, some states might meet them before the end of the year, but I can't guarantee it," Chertoff said.
He said US law required visa negotiations with each country individually, so the US will insist on this approach, proceeding on a step-by-step basis.
Discussions on the implementation of the Electronic System for Travel Authorisation (ESTA) system are meanwhile to be concluded by the end of the Slovenian presidency in June, when an EU-US summit is to take place.
The system, introduced last year with new visa waiver legislation, requires passengers from visa waiver countries travelling into the US to register online with the Department of Homeland Security at least two days prior to their travel.
"We will immediately start exploratory talks at the political level to try to find a solution acceptable for both sides," said Slovenian Interior Minister Dragutin Mate, who represented the presiding EU country.
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