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Informal Council of Ministers for Home Affairs

Prague, 15 January 2009

Use of Modern Technologies in Border Control, Migration Management, and
Asylum Policy 

The Czech Presidency regards as necessary to continue developing a
systematic approach to European security issues and put all effort in
creating adequate conditions for their prudent and well-managed
technical solutions. The increasing importance of collection,
processing, and exchange of information, which has become the key
commodity of the 21st Century in the field of security, calls for an
adequate use of modern information technologies (hereinafter referred to
as “IT”) while maintaining and reinforcing principles of the
protection of privacy and the free movement of persons. 

Modern information technologies have brought revolutionary changes into
all security issues including border control, migration management and
asylum policy. The Czech Presidency therefore wishes to further develop
discussions which were launched at the EU level a couple of years ago.
In the course of the EU Presidency, the Czech Republic does not only
intend to deepen such discussions, but it also strives to stimulate 

a system-oriented approach and to initiate development of particular and
targeted measures. 

Drafting of criteria to facilitate the development and implementation of
new tools and the overall system-oriented approach should not, however,
hamper the existing activities, projects, and initiatives which are of
clear added value for the EU. The Czech Presidency therefore shall,
under the umbrella of system-oriented measures in the field of justice
and home affairs, strive to initiate proactive steps in those areas
where information technologies have already proven themselves, as it has
been in the areas of external border control or certain practical
measures related to the common migration and asylum policy. 

The systems using modern IT for the purposes of external border control
and migration management belong to the most developed tools of their
kind. However, their parameters and efficiency with respect to security
have to undergo regular reviews, assessments and upgrades to be able to
respond to the challenges of the 21st Century.  New challenges will by
all means require further development of modern technical solutions and
their rapid introduction in practice. 

Properly and adequately upgraded current systems may be of substantial
help in combating illegal migration. Also, effective utilization of the
currently used technologies can increase the safety of the external
borders and compensate for the security risks related to the visa-free
regime with the third countries. 

Therefore, in the course of its Presidency, the Czech Republic wishes to
initiate 

a discussion within the Council which will reflect the current state of
play in the use of modern information technologies in the present-day
systems in the area of border control, visas, migration and asylum. This
discussion should duly take into account the Communication on ESRIF and
security research expected for late January 2009, the Commission's
proposal on an Agency for the operational management of SIS II, VIS,
EURODAC, and other large-scale IT systems in application of Title IV of
the EC Treaty, which the Commission expects to table in February 2009.
In addition, a new JHA multi-annual programme is likely to announce a
green paper on access to information which will assess the functioning,
as well as gaps and shortcomings, of existing instruments and look ahead
to establish a comprehensive strategy. 

Given the complexity of the issues at stake, this will be complicated
exercise. The results of such a debate shall indicate the future use of
IT in these fields, and the purpose of this paper is to get a first
indication on the way this debate should be structured. 

Extended use of current modern IT tools

In the field of border control and migration management, the EU takes
advantage of technological innovations and modern IT tools the
efficiency of which, however, is for various reasons limited.  

The key instrument to help the EU maintain its security is the
collection and further analysis of biometric data, which allows for a
unique identification of persons. Analysis of biometric data can thus
substantially contribute, for instance, to combating illegal migration
and organized crime. Although this method of identification is already
being supported and further developed, even stronger demand for
biometric identity verification of all individuals crossing the external
borders may be expected. 

The Member States currently issue passports with biometric data;
however, in the case of EU nationals, these data are in principle not
used. Therefore, a question arises whether biometric identity checks
also on EU nationals and nationals of third countries whose data are not
to be registered in VIS would not help forestall travel documents
misuse.   

Biometrics will soon be introduced in VIS, SIS II, and residence
permits. The use of biometrics in the Entry/Exit system is also
envisaged. Currently, biometric data are used not only in travel
documents; but also by EURODAC, a modern IT tool which has been for
several years supporting the process of harmonization of European asylum
policy. 

EURODAC is currently used to determine the Member State responsible for
examining individual applications for asylum under the Council
Regulation (EC) No. 343/2003 (so called Dublin II Regulation). Over the
5 years of its operation, EURODAC has justified its existence serving
the above function defined in the 1990s, and the Czech Presidency is
convinced that it is time now to consider its further development to
meet the current as well as future challenges. 

EURODAC should become an effective tool in combating abuse of asylum or
international protection as well as a new instrument to prevent and
combat illegal migration and to protect the European borders. 

Should the check of biometric data in travel documents become a
compulsory part of border checks, in view of the future system of
automated checks at external borders? 

Should the EURODAC system be further developed to deal with eg. illegal
migration issues?

Use of modern IT for statistical and analytical purposes

Since 1999, the EU has been working hard to develop the comprehensive
European migration policy. Access to reliable, up-to-date and comparable
statistical information is of high importance in this context, as well
as more intensive use of these data for subsequent analysis at the
European level.

The EU has made a substantial progress in making information and data on
migration policy available and more comparable and a number of recent
developments illustrate these efforts (e.g. Regulation on migration
statistics, VIS). A year 2009 represents 

a strategic year in this context. It is the first year for providing the
migration statistics according to the new Regulation and also a start
for VIS functioning.

The use of modern technologies for statistical and analytical purposes
in the area of internal security can serve as a basis for decisions on
further development of the harmonization and integration of the European
migration and asylum policies.

How the new statistical regime created by the Regulation can be used for
the future development of a comprehensive European migration policy and
can statistical data generated by modern IT systems such as Schengen
Information System and VIS and possibly EURODAC make a contribution in
this respect? 

Do we need to undertake a comprehensive review of the information we are
collecting at the EU level in the context of these developments? 

The use of modern technologies and the development of modern IT based
systems for external border control

One of the key EU challenges in the field of border control is a
well-functioning balance between the free movement of persons in Europe
on the one hand and a most modern and efficient system of border control
using new technical tools to combat illegal migration, organized crime,
terrorism etc. on the other.

In the 21st Century, border management shall primarily rely on
technologies increasing the efficiency of joint protection of the common
area while providing for smooth entry into the EU/Schengen area for
people who are travelling lawfully. The system should be designed so
that it precludes the need of unilateral measures of individual Member
States which would undermine the principle of free movement of persons. 

In the past years, the Member States have agreed that modern
technologies, introduction of new high-tech systems and on-going upgrade
of the current tools will be of benefit for all. They have initiated new
large-scale systems which use biometric data and have new
functionalities (e.g. EURODAC, SIS II, VIS). In June 2008, the Member
States expressed their support of the idea to further develop the
integrated border management via the Entry/Exit, Registered Traveller,
ESTA, or EUROSUR systems and the automated system of border checks of
individuals. The building of new systems using modern technologies for
external border management will definitely remain, for at least a couple
of years, a key issue in the process of developing a system of
integrated management within the EU/Schengen area. By all means, the
European Eastern land borders, the air borders, and the Southern
maritime borders are awaiting such systems.

No doubt, successful and proven solutions adopted in the past as well as
the lessons learned from the procedures that showed to be problematic in
the development and management of previous projects will be a source of
valuable know-how when developing and launching new systems for border
control, which will require enormous investments from Member States. In
order to improve the synergy effect of joint EU activities in this field
and to facilitate development of new systems and tools in the future,
the Czech Presidency proposes to launch a discussion on how to improve
the development and implementation of new systems. We believe that the
Commission's proposal on the Agency for the operational management of
SIS II, VIS, EURODAC, and other large-scale IT systems in application of
Title IV of the EC Treaty, might be an adequate time to discuss how the
governance of developing IT systems could be improved. When doing so,
particular attention should be paid to develop an integrated approach,
where national systems and the central system of any European IT system
should be developed in a way where the developments are not as separated
as is the case today and where the expertise at both levels can be put
to better use. The result of this discussion should be 

a list of best practice principles that should guide the development of
any future systems in the area of justice, freedom and security, such
as:

project management systems allowing for alternative solutions and
facilitating on-going and objective monitoring of project development
followed by an efficient feedback,

phased-out project implementation (the following phase may be launched
only if the preceding ones have been successfully completed),

special attention paid to security and data protection.

How should the EU act to avoid, in the process of launching its new
systems, the difficulties it has been experiencing in developing SIS II
and VIS?  

Should the EU strive to define basic principles and guidelines for the
development and operation of new systems under the scope of the
integrated border management? If so, which principles and guidelines
should it be?

Current experience shows that prudent and well-managed technical
solutions represent an important added value for the EU external border
control and management of EU joint migration policy. The Czech
Presidency therefore recommends that the Member States, within the
Justice and Home Affairs Council and with the assistance of other
relevant institutions, review the existing instruments and determine
whether it is possible and feasible to further exploit the existing
systems and processes which have been, with the aid of modern IT,
conducive to a workable creation of the common area of justice, freedom
and security in the whole EU/Schengen territory.   

Some tools have, however, become inevitably obsolete and the new
challenges of the 21st Century have made new systems a must. The EU
needs modern IT-based systems the development and implementation of
which will require a concerted approach. The Czech Presidency therefore
proposes to make use of the interim know-how and experience gained from
building such systems to launch a discussion on common criteria to help
streamline future planning, development, and introduction of new
projects. 

In order to manage a modern and comprehensive European migration and
asylum policy and to secure efficient use of the available modern
technologies to the benefit of all EU citizens, the EU must continue in
its open dialogue and turn it into en efficient and system-oriented
approach. 

 Regulation (EC) No   HYPERLINK
"http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!D
ocNumber&lg=en&type_doc=Regulation&an_doc=2007&nu_doc=862" \o "full text
of the act"  862/2007  of the European Parliament and of the Council of
11 July 2007 on Community statistics on migration and international
protection and repealing Council Directive (EEC) No   HYPERLINK
"http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!D
ocNumber&lg=en&type_doc=Directive&an_doc=311&nu_doc=76" \o "full text of
the act"  311/76  on the compilation of statistics on foreign workers

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