EU ready to sign up for revised air data deal
LUCIA KUBOSOVA
02.06.2006 @ 17:54 CET
EUOBSERVER / BRUSSELS - EU interior ministers have backed Brussels' plan to stick to the content of an air data deal with the US authorities and only change its legal basis, following a court ruling this week.
The deal obliges European airlines to transfer 34 types of data on EU passengers to Washington so it can screen passengers coming to the US.
European airlines feared confusion due to the data transfer deal being ruled illegal (Photo: Airbus)
European Commissioner vice-president Franco Frattini said he was "confident" that his team can meet the 1 October deadline set by the European Court of Justice on Tuesday (30 May) for the bloc to replace the existing agreement.
Speaking to journalists on Friday (2 June), Mr Frattini pointed out the court had not objected to the actual text of the pact and so the commission would merely file a proposal based on a different European instrument in July and later negotiate its details with both member states and the US.
"On content, I don't see a need of changing anything...On timetable, I see real problems if the new agreement is not enforced," he said, stressing that without such a deal each air carrier could negotiate on bilateral basis with US authorities the exact terms of transferring passenger data.
"That would have negative consequences for us and lead to lowering the data protection and legal uncertainty, with a plurality of private instruments rather than public European instruments," said Mr Frattini.
He added that the EU has had a chance to evaluate the system installed by the US in 2004 and concluded that "it is functioning quite well."
As it will take time for member states to ratify the new instrument - providing it is adopted by the deadline - the EU will opt for a provisional scheme under which the provisions should apply even before being completely implemented across the 25-member bloc.
According to diplomats, some ministers stressed that the whole build up of the court's ruling is not in favour of the line taken by the European Parliament.
MEPs had argued mainly against the content of the agreement on civil liberties and privacy protection grounds.
Under the deal, airlines collect up to 34 types of data from in their passenger records - such as name, address, phone number or credit card details - and transfer some of them to Washington, usually 8 - 12 per passenger, according to commission officials.
The US may store the data for three and a half years and is allowed to pass on the data it receives to third countries - an issue which has particularly concerned deputies.