Brussels, 17/11/2011 (Agence Europe) - On Wednesday 16 November, permanent representatives from EU member states gave quite a positive welcome to the new draft agreement between the EU and the US on the transfer of Passenger Name Records (PNR). This initiative is being pursued with the goal of tackling terrorism and serious crime. According to one source, the majority of delegations welcomed this progress as “a genuine step forward”, particularly with regard to the first provisional draft published last May. At that time, member states thanked the Commission for the work it had undertaken but called for discussions to be resumed with the Americans, due to a number of problems they had identified such as the scope of crime covered and the period for retaining data.
The current text was discussed on 16 November and allows for progress to be made in this area with, for example, differentiation for the period used to retain data, depending on the kind of crime committed (15 years for terrorism, 10 years for other offences) or recognition of the so-called “push” method (airlines communicate data to the US Department of Homeland Security) instead of the “pull” method whereby the US authorities directly access airline databases, explained the same source.
This overall positive welcome does not, however, mean a blank cheque being given to the agreement and work carried out by the Commission. Delegations, such as France and Germany, continue to harbour doubts about certain aspects of the text - for example, the definition of serious crimes covered by the agreement, which they regard as being a little too broad. Questions still remain regarding the appropriate application of the push or pull methods. One source from one of the large member states said that these objections are not, however, expected to block an agreement on their own at the Council. Another source indicated that “perhaps this is the maximum we can obtain from the US”, adding that with qualified majority voting required on this dossier, “the agreement should effectively go through” without any major difficulties and actually quite quickly.
Although a number of MEPs criticised this project, it is also expected to obtain a majority at the EP, explained a source from this institution last week. The context of the changing presidency at the EP is expected to help towards obtaining consensus and, above all, Europeans do not wish to be made hostages to the repercussions that the US is threatening in case the deal is rejected, particularly with regard to European airlines not being allowed to operate on US soil. (SP/transl.fl)