Germans struggle to turn police accord into EU law

Germany faces a battle during a meeting of interior ministers next week (15 February) over attempts to force through a proposal on data sharing and police co-operation among member states.

Most member states are in favour of the proposal, which would see DNA, fingerprints and vehicle registration numbers shared among the 27 nations. But four states, the UK, Ireland, Poland and the Czech Republic, have voiced reservations about the financial, legal and technical implications.

Germany has said that if there was opposition it would use a mechanism, known as enhanced co-operation, to introduce the Treaty of Prüm, which was agreed in May 2005 by seven member states outside the EU institutions.

Enhanced co-operation needs a minimum of eight states in favour of a proposal before the Council of Ministers, through weighted voting, can trigger the mechanism.

But despite the seven states which have signed up to Prüm, plus six states which have said they are in favour of joining, enhanced co-operation remains a controversial notion given fears of creating a two-speed Europe.

Even states which are in favour of the proposal are likely to oppose leaving others out. "We would like to see a tough text but we want everybody to be on board. We don’t want to see a French two-speed Europe," said one diplomat.

Germany has been quick to produce a text on the proposal to bring in the Treaty of Prüm, a signal taken by diplomats that the presidency is keen to see the law adopted before its term ends in July - with or without all 27 on board. Germany is therefore expected to change or drop parts of the proposal to appease reluctant member states rather than use enhanced co-operation.

The UK opposes articles in the Treaty of Prüm which would allow for armed marshals on board airlines, police from other member states to enter their territory while pursuing a criminal and the deployment of immigration officials. Ireland, the Czech Republic and Poland have certain problems with the legality of the proposal. All four states are concerned about the cost implications, with Poland in favour of EU money going towards setting up the system which would allow the data to be shared.

"The last thing we want is Romania and Bulgaria signing up and then not having the money to implement it," said an EU diplomat.

Interior ministers are also to discuss immigration next week, specifically the agreements being negotiated with African states for the repatriation of illegal immigrants. As part of its overall plan on immigration, the European Commission is expected to put pressure on member states to sign up to a proposal which would allow African workers to travel to Europe to meet labour demands. "If we are asking the Commission to conclude these agreements, member states have to give something," said one EU official.

But member states, fiercely protective of their rights when it comes to legal migration and labour supply, may not be that forthcoming.

Germany faces a battle during a meeting of interior ministers next week (15 February) over attempts to force through a proposal on data sharing and police co-operation among member states.

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