European Information System
01 September 1993
Statewatch has learnt that it is increasingly likely that the Schengen Information System (SIS) - set up by the nine EC states who have signed the Schengen Agreement - is going to become the European Information System (EIS) which has been discussed by all 12 EC states. The EIS is enthusiastically supported by the UK which refuses to join the Schengen Agreement because the basic requirement of membership is the dropping of internal border controls - which the UK says it is going to maintain indefinitely (a position which also ties the hands of Ireland because of its common travel area with Britain). Denmark, the third non-Schengen, country does not take a principled position against ending border controls but wanted to see the Dublin Convention and the EIS in place first.
The Schengen countries are insisting that the Convention on the EIS must be totally synonymous with the provisions of the SIS. Not just broadly the same, but exactly the same. This is because several Schengen governments - notably in Holland, Germany and France - faced vocal opposition over the creation of the SIS because of its unaccountability and inadequate data protection provisions. For this reason they are not prepared to take back to their parliaments any proposal which extends the role of the SIS (under UK pressure) or incorporates more liberal provisions (by governments trying to meet previous objections) or by changes in the line of accountability. They are also insisting the EIS is based in Strasbourg, the headquarters of the SIS. After the lengthy process of ratifying both the Maastricht Treaty and the Schengen Agreement the nine are determined not to be faced with yet more battles over EC agreements.
When the Schengen countries announced in September that the three non-Schengen countries were to be excluded from using the computerised Schengen Information System (SIS) the UK Home Office said that it would not be effected because it would anyway be part of the European Information System (EIS) to be set up by all 12 EC states. Mr Ron Hadfield, Chief Constable of West Midlands and chair of the International Affairs Committee of the Association of Chief Police Officers, took the same view. "We have a policy which is not compatible with one of the objectives of Schengen", he said, "which is to do away with internal borders".
The scope of both systems are however virtually the same covering both policing and immigration. The SIS formed part of the Schengen Agreement which has now been agreed by the nine countries. The SIS has been working for several years setting up and testing the linking computer system between the nine countries which is due to come on line on 1 December 1993. Initially it will link France, Germany, Belgium, the Netherlands and Luxembourg with Spain and Portugal joining a few months later. Greece and Italy will join later.
The EIS on the other hand has been discussed by Trevi working groups for over two years. The necessary draft Convention on the European Information System is due to be discussed at the Council meeting of Justice and Internal Affairs Ministers at the end of November. Moreover up to now it has been impossible for the 12 states to agree the site for Europol to which the EIS would be directly related.
Schengen Information System
The nine Schengen countries in the EC have set up the SIS as part of their agreement to remove internal borders and to institute "compensatory measures" covering policing, the law, immigration and asylum.
The purpose of the SIS is "to maintain public order and security, including state security" (Article 93). It is made up of "national sections" of information and intelligence to which each of the other countries has access. The categories of information include: those wanted for extradition; aliens who have been refused entry; those posing a threat to public order or national security; and data on "discreet surveillance". No criteria is laid down to distinguish