MEPs angry over EU-US air data snub

The Finnish EU presidency and European justice commissioner Franco Frattini will be under fire from MEP over controversial air data handovers to US security agencies on Thursday.

Simmering tensions are expected to burst into the open during a Strasbourg debate on a new EU-US passenger name record (PNR) agreement after a 2004 deal was annulled by the European courts following a challenge by MEPs.

MEPs on the parliament’s justice committee are furious that the Finnish EU presidency is reneging on previous promises from Austria to involve the assembly in any new agreement.

EU and US officials meet to broker a deal this week ahead of a September 30 deadline set by the European courts and MEPs have accused Finland of shrouding proposals in secrecy.

“We have received information that a document has been produced for the September negotiations with the US, which has been forwarded to all the member states,” states the letter.

“We regret that the European parliament has not received this document, nor has it been informed on the contents.”

Commission officials stress that the Finnish presidency “is leading the negotiations and is therefore responsible for sending the draft agreement to the parliament”.

“Frattini has said on many occasions the commission intends to fulfil its obligations under the parliament and commission-framework agreement and therefore to keep the parliament informed throughout the discussions,” said a source.

“He will take part in the PNR discussion in the plenary… and the [he] is also available to take part in the justice committee’s meeting on September 13.”

Many deputies are also furious that proposals for an EU PNR system have been tabled following an alleged UK August 10 terror plot, without consultation.

“It has been brought to our attention that on July 18 2006 an informal meeting took place with the US negotiators… It seems the matter has also been discussed in London on Wednesday August 16,” says an August 23 letter.

“We note with regret that the [EU presidency] has not informed the European parliament of these meetings, nor has parliament been invited to attend.”

The Finnish EU presidency asked MEPs to suspend a vote on the wider issue of data transfers to law enforcement agencies on Wednesday.

Marine Roure MEP has been pushing for debate over controversial European commission proposals for months following ongoing rows over PNR and US data grabs from Swift banking transactions.

National government officials are currently debating commission proposals to allow police and security exchanges of personal information.

According to EU rights group Statewatch, the US has found powerful European allies in a bid to drop data protection rights on information exchange beyond Europe.

Germany, Denmark, Spain, Ireland, Norway, Sweden and the UK back ditching “adequate” data protection when exchanging personal information with third countries following a complaint by the US.

Washington is on record at a secret EU-US high-level security meeting on July 18 as warning that proposed privacy rights threaten law enforcement cooperation.

"[EU rules] jeopardise the informal excellent contacts developed over time by the US law enforcement agencies with their opposite numbers in the member states,” say minutes published by Statewatch.

Current commission drafts require that data can only be exchanged with non-EU states if “an adequate level of data protection is ensured in the third country”.

Five member states, the Czech Republic Switzerland, Finland, Greece and
Portugal support the privacy safeguards.

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