MEPs snubbed as EU-US air data deal done

Brussels has snubbed the European Parliament and given the OK to controversial handovers of EU air passenger data to US security agencies.

The European Commission has ruled the transfers of computerised booking information 'adequate' under EU privacy law.

Europe's foreign ministers can now sign off a Trans-Atlantic agreement rubber-stamping exchanges that have been in place for over a year.

EU data protection chief Frits Bolkestein is happy with Washington's privacy assurances and concessions - but MEPs are not.

"A negotiated solution is never perfect," admitted Bolkestein.

"We came up with a balanced solution, which the member states have supported. The European Parliament has taken a different view."

MEPs are seeking the opinion of the European Court of Justice, a challenge which falls now the commission has formally cleared the EU-US air deal for take-off.

Parliament has accused Bolkestein of giving in to US pressure for a post-September 11 anti-terror measure that breaches EU data laws.

The Dutch commissioner argues there is "no alternative" if an EU-US battle and airline chaos is to be avoided.

"We are not seeking a confrontation with the parliament, which has helped us to obtain improvements from the US by the strong political pressure it has applied since March 2003," said Bolkestein.

"The alternative would not have been any further concessions from the US but would rather have been legal uncertainty and the potential withdrawal of US commitments to protect the data transferred - in other words chaos for EU passengers and airlines."

National governments are backing the information exchanges - and the EU is to propose a similar scheme later in June.

But MEPs have rejected the US assurances and called on the commission to re-negotiate.

On April 21 the parliament agreed to ask the EU courts whether MEPs should have been given a full binding say on the air data deal.

That case, argues Bolkestein, is "devoid of purpose" if governments go-ahead anyway and sign the agreement.

"According to the case law of the court, the European Parliament's request for an opinion will be devoid of purpose if the agreement is concluded by the council [of ministers]," said a commission statement.

MEPs now face a fight "to seek the annulment of the international agreement or of the adequacy finding or both" suggests Bolkestein.

• Previous article
• Next article