[e-privacy] [STATEWATCH] EU: Biometric visa policy unworkable

[Andrea Glorioso]

Ciao a tutti.

http://www.statewatch.org/news/2004/dec/07visas-residence-biometrics.htm

Update: 5 January 2005
EU: Biometric visa policy unworkable

- Council Presidency recommending current proposal be abandoned due to "collision" of chips and Commission asked to amend its proposal

After the  meeting of the Council's  Visa Working Party meeting on 7-8
December  the   incoming  Luxembourg  Presidency  circulated  a "Note"
proposing two options for biometric visas  and residence permits - all
of which would mean that the current proposal would have to be changed
and   the  European     Commission   asked to  prepare    an   amended
proposal. These options being   the only ones following the  technical
report of "collision problems" between chips (see previous analysis).

At the  meeting of the  Visa Working  Party it was  established that a
majority of EU member states issued residence permits in a card format
(rather than a "sticker"  in a passport of  third country nationals) -
Germany,  however,  "could  not  accept this  solution"  as it  issued
residence permits in a "sticker" format. The Commission commented that
the same "collision" problem would arise as for visas if the "sticker"
format  were   used and  it seemed "useless"   to   pursue this option
further.

For visas  the Presidency  suggested  there  were two  options: either
issue a separate "smartcard"  (with biometric data)to visa holders  or
only incorporate biometric   data  into the planned Visa   Information
System (VIS).  France and Italy were   not happy with only  having two
options but  "several  delegations" supported the Presidency  idea and
"some also expressed a priority for awaiting the VIS system and not to
seek any costly intermediary solutions.

Just  before Xmas, 21 December  2004,  the incoming Luxembourg Council
Presidency sent  a "Note" to  the Visa  Working Party  backing the two
options proposal from the previous Netherlands Presidency.

For visas the  first option would be to  issue a  "separate smart card
with the  visa sticker", as a storage  medium  for the biometric data;
the second  option would be  to store the  biometric data only  in the
Visa Information System (VIS) (which may  be starting by 2007) and not
on the sticker itself.

The Presidency  "Note" says that  as "the  majority of the delegations
seem to be in favour of the second solution,  it is suggested that the
biometric  data would only  be stored in the VIS   and not on the visa
sticker itself." If agreed the  Commission  would be invited to  amend
its proposal.

For residence permits two options are  also proposed, the first option
would be to  issue a "separate card on  which biometric data would  be
stored if the residence permit were issued in  the form of a sticker";
the second option  would be to "allow the  issue  of residence permits
only in the form of a card."

A  "large number of Member  States" already issue the residence permit
only  in the form  of a separate card and  considering and a number of
Member States are considering  abolishing the other formats  currently
used,  the Luxembourg presidency suggests   the adoption of the second
option.  If agreed  the  Commission  would  be invited   to amend  its
proposal.

The Council's Visa Working Party is scheduled to discuss these options
at its  meeting  in  Brussels  on  12-13 January  2005.  Meanwhile the
European  Parliament is due to discuss  (and then  vote on) the Coelho
report on this   proposal at its  plenary session  on Monday next,  10
January 2005. This report is based on the original Commission proposal
which is  now known to  be unworkable  and which  will  now have to be
amended (both legally and technically).

The   preferred solution for   visas, namely that biometrics(photo and
fingerprints) only be stored in the central  VIS system, would seem to
present an obvious problem (just   about as obvious as the  "collision
problem" was back in 2003). If the biometric data is  not in the visa,
but only in the VIS the only way - since they would not have access to
the biometric  data  within the visa itself   - would be   to take the
fingerprints and/or facial scan of  the people entering  the EU with a
visa either at an airport, seaport or  land border. This would be very
time-consuming, costly  and in some  cases lead  to long queues  while
peoples' details are checked and cleared.

+++

Ciao,

--
Andrea Glorioso             sama at miu-ft.org         +39 333 820 5723
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