MEPs take on EU and US over air data deal

MEPs have defied “huge pressure” from Brussels, national governments and the US to mount a legal challenge to a Trans-Atlantic anti-terror agreement.

The European Parliament has by 16 votes, 276 in favour, 260 against, agreed to take a privacy rights battle over handovers of air passenger data to US security agencies to the EU courts.

Washington has expressed "regret" over the latest opposition from MEPs but US officials indicate data transfers will continue with the backing of other EU institutions.

"We regret the European Parliament narrowly deciding to refer the agreement to the European Court of Justice," said an official.

"The US will continue to work with the commission and the Irish EU presidency to implement the agreement."

MEPs rejected a last minute appeal from Chris Patten who warned of "complete disarray" if the deal was blocked.

The EU external relations chief told MEPs that European airlines would face huge fines and travellers be subjected to lengthy security checks without the agreement.

"I don't think those airlines or passengers would be singing 'te deums' to those who put off the decision," he said.

Patten argued that after September 11 terror attacks on the US the measure, in his eyes, was not unreasonable.

"If we had been through what New York went through in 2001 we would want our governments to do everything they could to secure us."

MEPs are angry over the European Commission’s use of a legal procedure that denies the parliament a full say on an agreement.

The parliament has also raised repeated concerns that the exchanges of computerised data – including phone numbers, emails and credit card details - breach EU privacy law.

The anti-terror measure is set to stay in place regardless of the case going to the European Court of Justice the EU.

A legal challenge could take up to two years, though a ruling against the deal would require the commission to seek parliament's full 'assent' to a future agreement.

Welcoming the result European Liberal Democrat leader Graham Watson stressed that Brussels had got what it deserved.

"We regret that it has come to this, but since the commission reneged on its pledge to subject this to a binding vote by the European parliament, going to court was the only tool available to us to stop what we believe is an abuse of executive power," he said.

Watson believes that Patten's argument that agreement was needed to provide legal certainty for airlines has now been shot down.

"A big question mark will be left hanging over this agreement until the court rules, so I hope they will be able to do so speedily," he said.

Parliament's justice committee draftsman on the issue, Johanna Boogerd-Quaak, called on the EU to restart talks.

"I hope that the European commission will now face up to its responsibilities and immediately begin negotiations on a full-blown agreement which takes into account the European parliament's concerns," she said.

"There is no time to lose if, as we expect, the court rules in our favour."

But the vote was close with a narrower margin than a March 31 majority of only 27 votes.

Key divisions and discussions among Europe’s socialists were critical to the set-back for the commission and national capitals.

Delegations came under pressure from national party HQs to go against the socialist European line opposing the EU-US deal.

But continuing splits within German socialists, with a majority opposing the agreement, may well have clinched the vote.

Speaking to the parliament on Tuesday, Patten told MEPs that whatever their decision the transfers of data would go ahead anyway.

The EU external relations chief insisted that legal action by MEPs would not have a “suspensive” effect.

National governments could conclude an agreement anyway and, he added, the commission was “convinced we would win”.

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