EU looking for better deal on data transfer

BRUSSELS - EU justice commissioner Jacques Barrot on Wednesday denied accusations that the European parliament was being sidelined from discussions with the US on the transfer of financial data.

In addition, Mr Barrot said the commission - set to gain a new mandate this month to renegotiate the terms under which financial data is transferred to the US for counter-terrorism purposes - will be pushing hard for favourable deal.

"We must negotiate an agreement based on reciprocity rather than allowing the US to continue as they have up until now as if they were top dog," the French commissioner told members of the newly formed parliamentary committee on civil liberties, justice and home affairs.

Following the 11 September 2001 terrorist attacks, the US treasury department has been checking financial information provided by the Society of Worldwide Interbank Financial Telecommunication (SWIFT), a financial network owned by banks, in an attempt to prevent future attacks.

The move initially proved highly controversial in Europe with member state protection supervisors saying the transfer of the financial data, including that of EU citizens, contravened EU laws.

In 2007, an agreement was reached between the EU and US on the conditions under which a limited subset of the SWIFT data could continue to be transferred, and member states now generally agree that the process has merits.

In addition, a European expert was sent over to the US to verify that the data was been used according to the agreed terms.

A report by the French judge, Jean-Louis Bruguière, published in February of this year concluded that the SWIFT data was been used purely for anti-terrorism purposes and was also being deleted when no longer necessary, two important criteria under the EU-US agreement.

New deal

In a bid to comply better with EU data protection laws however, the SWIFT server is set to be moved from the US to Switzerland, resulting in the imminent renegotiation of the data transfer terms.

"It's one we would like to conclude under the Lisbon Treaty," said Mr Barrot referring to the EU's proposed new rulebook that would give the parliament a greater say in the area of justice and home affairs.

MEPs have complained recently that the commission was attempting to push through the new deal under the current Nice rules that limit the parliament's powers of co-decision in the area.

However ratification of the Lisbon Treaty is currently held up in a number of EU member states, with the commission therefore looking to negotiate a temporary agreement with the US until Lisbon comes into effect.

"All we are looking for is an interim decision to extend the status quo," said Mr Barrot responding to MEP questions.

Stockholm strategy

Mr Barrot also discussed the commission's proposed justice and home affairs plan for 2010-14 - known as the Stockholm strategy – with the committee.

Although broadly welcoming the four-part blueprint, MEPs were critical of the lack of detail in certain areas of the document published last month, and insisted measurable criteria needed to be put in place so that the effectiveness of the plans could be assessed.

Mr Barrot agreed that both ex-ante and ex-post implementation yardsticks needed to be put in place.

The Stockholm programme aims to set up a framework for EU police and customs cooperation, rescue services, criminal and civil law cooperation, asylum, migration and visa policy for the next five years.

Components include the mutual recognition of decisions made by different member state judicial systems and a convergence of sentences for criminal offences.

The plan also envisages greater police co-operation in the area of cross-border crime and the setting up of an observatory to monitor migratory flows within the bloc.