EU:The EU has expressed concern that new US security legislation could seriously disrupt transatlantic trade and hinder business travellers, writes Jamie Smythin Brussels.
It is also lobbying Washington to ensure that the new law will enable all 27 EU member states to be included in the US visa waiver scheme.
Congress passed the legislation last week and President George Bush is due to sign it formally into law before the summer recess tomorrow.
It will make all EU citizens travelling to the US register online 48 hours before taking a flight; force all EU ports to invest in scanners to check all US-bound cargo for nuclear bombs; make airports screen all air cargo; and relax the regulations governing the US visa waiver scheme.
The European Commission said yesterday it was very concerned about elements of the law, particularly a decision to introduce mandatory scanning for all US-bound cargo for nuclear bombs and other weapons.
Tax commissioner Laszlo Kovacs has already written to department of homeland security secretary Michael Chertoff warning the measure could disrupt trade and cost legitimate EU and US businesses a lot of time and money.
The commission is now considering whether to impose reciprocal radiation scanning requirements on US ports for EU-bound goods or take a case under World Trade Organisation rules.
An EU source said the cost to each EU port of investing in radiation scanning equipment would be at least €12 million.
There is also a question of whether 100 per cent scanning is feasible or will simply disrupt EU/US trade, the source added.
The commission is also mulling whether to introduce its own electronic travel authorisation (ETA) system along the same lines as the one planned by the US. This system will force all non-US air passengers to register online at least 48 hours before taking a US-bound flight for pre-approval.
The US authorities will cross-check each request with a list of "undesirables" before deciding whether to give leave to enter.
EU commissioner for justice Franco Frattini has written to Mr Chertoff floating the idea of introducing a reciprocal EU system. He has also warned about the potential impact on business travellers.
The EU is also worried the new law does not relax the rules for entry to the US visa waiver scheme far enough. This scheme enables citizens from states such as Ireland to enter the US for up to 90 days without a visa. Under current rules, EU states that have an annual US visa refusal rate of more than 3 per cent cannot normally join the scheme. This means citizens from 12 EU states must still apply for US visas.
Under the new legislation, the visa refusal rate has been increased to 10 per cent, paving the way for states such as Estonia and the Czech Republic to join the system. But several key US allies such as Poland, Bulgaria and Hungary still do not qualify under the increased limit.
"We are disappointed because the new legislation doesn't go far enough and this could mean a delay of up to two years before Poland gets into the visa waiver scheme," said a Polish diplomat, who has been working on the issue in Washington.
An EU spokesman said the commission was studying the detail of the new law and would issue a report in September detailing the effect it would have on EU states' participation in the visa waiver scheme.
Main points of law:
•EU citizens must apply online for pre-approval to travel to the United States at least 48 hours before they travel. A fee will be charged for the system;
•The US will create a new computerised exit system to monitor and cross-check information on every non-US citizen that leaves the country;
•All EU ports handling cargo exports to the US must invest in radiation scanning machines to check for nuclear bombs;
•All airline cargo on US flights must be screened within three years;
•The US may extend visa waiver status to some new EU members that are partners in the "war against terror". Some states however may not qualify.
2006 refusal rates for applicant visas
Cyprus - 2.2 per cent
Czech Republic - 9.4 per cent
Estonia - 7.1 per cent
Greece - 2.2 per cent
Hungary - 12.7 per cent
Latvia - 21.6 per cent
Lithuania - 27.7 per cent
Malta - 2.8 per cent
Poland - 26.2 per cent
Romania - 34.1 per cent
Slovakia - 16.9 per cent