Boogerd (D66) veroordeelt deal tussen Europese Commissie en VS inzake overdracht passagiersgegevens (en)

EUOBSERVER / BRUSSELS - EU foreign affairs ministers have today finalised an agreement on the transfer of air passenger data to US authorities.

The move comes despite the European Parliament's request last month to wait until the European Court of Justice had given its opinion on whether this deal contravenes EU data protection rules.

And the decision comes after the European Commission said it had secured guarantees from the US government to protect the personal data of passengers flying to the US.

Under the agreement, Washington is allowed to collect 34 types of data from passengers' records, which includes name, address, phone number, credit cards and their travelling companions.

The US will store this data for three and a half years, instead of 50 years, but with the possibility to retain certain data for a longer period of time.

Moreover, the US will be able to pass on the data it receives to third countries - an issue which had seriously concerned MEPs.

If data is passed on, the US will inform Brussels.

"The undertaking given is that we will be systematically informed when that takes place", the Commission spokesperson for internal market said.

Terror threat

After the September 11 attacks, the US had demanded access to airlines' booking-records to help it fight terrorist threats.

Since March 2003, airlines have faced the possibility of fines of 6,000 euro per passenger or potentially losing their landing rights in the US if they failed to provide US security agencies passenger data within 15 minutes of a flight's departure.

Last December, after a year of negotiating, the United States and the EU reached a preliminary agreement on the legal transfer of this information.

But on 21 April, the European Parliament said that the transfer of such personal data breached EU privacy laws, and voted to refer the matter to the European Court of Justice in Luxembourg.

Not a perfect solution

The US said it "welcomed" today's Commission decision, describing it as "an example of the close co-operation between the US and EU in combating the shared threat of terrorism".

And Mr Bolkestein's spokesman said, "the alternative to no decision would have been legal uncertainty and potential chaos for passengers and for airlines".

Internal Market Commissioner Frits Bolkestein admitted that "a negotiated solution is never perfect" and added, "we are not seeking a confrontation with the Parliament", Mr Bolkestein added.

However, this is not the first time that the European Parliament has been sidelined by EU member states.

Today's decision will come as a blow to MEPs who in a few weeks will face the voters in the European parliament elections amidst concerns that previous low turnouts will be repeated.

"Governments displayed their contempt for the rule of law in the EU today by adopting an agreement which privacy watchdogs and MEPs have said contravenes European law", Dutch Liberal MEP and rapporteur on this matter Johanna Boogerd-Quaak said.

"Refusing to wait for the Court's opinion is disrespectful to the authority of the Court and a breach of the duty of loyal co-operation between EU institutions. When Parliament reconvenes in July, I will recommend to colleagues that they pursue the matter further", she added.