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Home Affairs Council Meeting In Brussels - EU Seals Mandate For Negotiating New Agreement With US On Transfer Of Bank Data

Date 23/04/2010

The Spanish Home Affairs Minister, Alfredo Pérez Rubalcaba (right) and the European Commissioner for Home Affairs, Cecilia Malmström (left), during a press conference about Justice and Home Affairs Council in Brussels. EFE

The EU has concluded its mandate for negotiating a new agreement with the US on the transfer of bank data (popularly known as the SWIFT agreement), according to a statement of the Spanish Home Affairs Minister, Alfredo Pérez Rubalcaba, at a press conference given following the meeting of the Home Affairs Council, which was held this afternoon in Brussels.

"The SWIFT Treaty has been prepared by the Commission in record time, everybody has made a big effort to finish it and the mandate is now politically concluded. Agreement was reached after this morning's discussion. We have a mandate which we could not formally approve, because there was no quorum in the Council, but its formal approval will take place in the Council of General Affairs on 10 May", the minister confirmed.

Rubalcaba insisted the the mandate held by the Commission for negotiating a new SWIFT programme "naturally" contains some of the precautions raised by the European Parliament, the Council and the Commission itself, essentially with regard to data transfer.

The European Commissioner for Home Affairs, Cecilia Malmström, added that "we have a mandate which is very ambitious but pragmatic, which covers additional measures for shoring up data protection, ensuring that the fight against terrorism is the sole purpose, and also equipping ourselves with due compensation mechanisms".

"It was a lively debate, we have achieved a political agreement endorsed by all member countries and as such, I can begin talks with the Americans during the first week of May so that when everything is agreed, we can enter into formal negiotations", the Commissioner announced.

SWIFT is the name of the company that manages the majority of data on financial transactions, through which it is possible to follow financial trail of alleged terrorists.

Progress on SIS II

Rubalcaba also referred to SIS II (Schengen Information System II), a second-generation information system consisting of a large-scale network with descriptions of people and objects, and which will be available to border-control agents, customs officials, police forces and other competent authorities in the Schengen area.

"We also discussed the subject of SIS II and we agreed that the first landmark has been achieved successfully. There is a little reluctance from some countries, but as a whole we have moved on to the next milestone in what is a very delicate subject and something we are all making great efforts to resolve", Rubalcaba stated.

The minister underlined the desire to provide nationals with a guarantee that "free movement in our countries does not affect their security", and that the EU has "a great interest in that it works well and costs as little as possible in financial terms".

"Erasmus" for police and the fight against gender-based violence

On Friday the Home Affairs Council made progress on other "minor" issues such as the police "Erasmus" and the fight against gender violence, on which the Spanish Presidency focused its interest and which are pending formal approval.

"Today we approved some things to which we attach great importance and which seek to consolidate our common training mechanisms. We approved the 'Erasmus' for police officers, by means of creating investigation and police-cooperation teams; and we put forward some conclusions on information exchange and the treatment of explosives", Rubalcaba emphasized.

In terms of gender violence, the Spanish minister drew attention to "a White Paper we have drafted on best practices by Member States in this area, bringing together a set of actions which the different States have been carrying out in preventing gender-based violence, which is a terrible problem and one that is present in all EU countries".

Unusually, and as a result of the cloud of volcanic ash from Iceland, the EU Councils of Ministers for Justice and Home Affairs in April were held on the same day in Brussels, rather than in Luxembourg as had been anticipated.