The Commission’s New Border Package Does it take us one step closer to a ‘cyber-fortress Europe’?

The European Commission presented a new ‘Border Package’ on 13 February 2008, setting out its vision of how to foster the further management of the EU’s external border. Billed in a Commission press release as a «comprehensive vision for an integrated European border management system for the 21st century», one of the key elements of this package is a Communication aimed at establishing an EU entry/exit system registering the movement of specific categories of third country nationals at the external borders of the EU. This Communication furthermore recommends the setting up of an Automated Border Control System enabling the automated verification of a traveller’s identity (for both citizens and non-EU citizens alike), based on biometric technology as well as an Electronic Travel Authorisation System – abbreviated to ETA4 – which would oblige non- EU travellers to provide personal data for a pre-departure online check.

These security tools and techniques imply:

1. The setting up of a new European-wide database containing specific information on certain categories of non EU-nationals;

2. Interoperability of the database with other already existing and planned EU databases and biometric systems; and

3. The systematic checking of everyone entering and leaving the EU for at least three categories of persons:

 third country nationals who have visas containing biometric data, which will be checked at the border,

 third country nationals who do not need visas for a short stay in the EU whose biometric data will be taken at the border and

 citizens of the EU whose biometric data will be incorporated into their passports which will be swiped on entry and exit.

The proposal raises several important questions: Is it feasible and necessary? Does it have a legitimate objective? Is it consistent with EU data protection rules, fundamental rights and the principle of proportionality? Is there any appreciable added value of such a system, bearing in mind its many costs?

See also EU to tighten border controls, critics fear ’Fortress Europe’

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The Commission’s New Border Package