Air data D-day on April 15

A legal challenge to a controversial EU-US air data deal is set for take off next Thursday after a series of votes by MEPs.

The question of legal proceedings will now rest with a behind-closed-doors meeting of the European Parliament’s political leaders on April 15.

“They will weigh up all the various factors of which there are many,” said the parliament’s spokesman.

If legal action is pursued the case must be headed up by the European Parliament’s President Pat Cox.

“He has to identify the overriding interests of the institution - when there have been clear votes, such as there have been, his duty is relatively clear,” said the spokesman.

There have now been a number of votes, both in parliament committees and at last week's full Strasbourg session of MEPs, demanding action.

On Tuesday night the parliament’s legal affairs committee decided, by 16 votes in favour to 12 against, to instruct lawyers to bring a case before the European Court Of Justice.

The parliament’s legal service, say sources, was initially against pursuing EU court action against the European Commission’s clearance of air data handovers to US security agencies.

But Socialist, Green, Communist, Liberal, and Radical MEPs lined up against lawyers and the centre-right EPP political group to force through the decision.

The move followed failed attempts by German Christian Democrat MEP Elmar Brok to block the court challenge in a vote at the parliament’s foreign affairs committee.

In a series of key votes, the parliament’s justice committee asked national governments to halt a controversial air data deal until EU courts rule the anti-terror measure in line with Europe’s privacy laws.

MEPs are also angry that the commission is pushing the dossier through under the 'lightest available' legal procedure, leaving the EU's only directly elected institution out of the decision-making loop.

Commissioners are expected to revisit the row at a meeting of the EU executive at the end of April.

Officials play down the significance of the parliament’s “non-binding opinion” but other Brussels sources hint at rifts within the commission.

The Trans-Atlantic handovers of air passenger data to US security agencies are regarded as “vital” in the war on terror triggered by September 11 2001’s air-hijack attacks on New York and Washington.

The transfers of 'Passenger Name Records” (PNR) from European air carriers to Washington have angered MEPs amid concerns that the exchanges break EU privacy laws.

Tuesday's committee decisions also see MEPs challenging the commission's choice of legal procedure before the courts.

Brussels will now be in the dock both over data protection issues and its moves to seal a deal that is easy on convenience but "light" on democracy.

An internal Brussels document in December noted that the preferred legal route meant any parliament opposition “would not be binding on the commission”.

“The lightest available procedure… would not require the assent of the parliament and [governments] could place a time-limit on its consultation,” commission officials noted.

MEPs are now set to ask the EU courts whether any agreement with the US should be tied to a binding, ‘assent’, vote in the parliament.

“Aspects of the international agreement are problematic… parliament is only consulted, while it could rightfully be argued that its full assent should be required,” resolved the justice committee.

“This situation can be challenged before the Court of Justice... for violation of parliamentary prerogatives.”

COM/2004/190

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