Brussels, 06/04/2010 (Agence Europe) - With discussions having only just begun on the new Swift agreement, several EU states are refusing to use mutual legal assistance agreements as the basis for cooperation with the United States. On Wednesday 24 March, the European Commission presented its draft negotiating mandate, with a view to the conclusion of a long-term agreement with the United States on the transfer of banking data for the purposes of combating terrorism (see EUROPE 10105). A first Council working meeting took place before the Easter holidays. A further meeting is planned for Thursday 8 April. At the moment, several countries, including the Netherlands, where the main Swift database is located, are against the Commission's idea of basing the wholesale transfer of European data to the US Exchequer on EU-US mutual legal assistance agreements. The Netherlands believes that legal cooperation presupposes intervention by judges on requests for specific data and not when these requests refer to millions of data most of which are not related to tackling terrorism. How, therefore, can effective transfer of data be guaranteed? “It is not out of the question that there may have to be additional European or national legislation,” a diplomat said. Despite the issue of the legal basis for data transfer, member states welcomed the draft mandate, particularly with regard to the guarantees on data protection. It stipulates that the agreement must ensure an effective right of administrative appeal on a non-discriminatory basis, and rights of access and rectification by citizens to their personal information. Also provided for is that, in the event of the EU's setting up its own terrorist finance tracking programme (TFTP), the US should commit itself to cooperating on a reciprocal basis. The agreement will also require the Commission to submit regular reports to the Council and Parliament on: - the quantity of financial messages processed; - the extent to which these data have been shared with other US agencies, public authorities of EU member states of third countries, Interpol, Europol and Eurojust;- the numbers of cases for which the information has been used for the investigation, prevention, detection or prosecution of terrorism or the financing of terrorism; - and compliance with data protection obligations. On Wednesday 7 April, the European Parliament civil liberties committees will hold a debate on the negotiating mandate, with a view to the adoption of a resolution before the Justice and Home Affairs Council on 22-23 April. (B.C./transl.rt)