Brussels, 27/03/2012 (Agence Europe) - The European Parliament (EP) civil liberties committee elected on Tuesday 27 March to go down the path of conciliation with the United States when it decided, much to the chagrin of rapporteur Sophie in 't Veld (ALDE, Netherlands), to approve the agreement negotiated between the EU and Washington on the transfer of PNR information as part of the fight against terrorism. MEPs did not repeat their previous coups de théâtre, as, for example, in 2010 when the EP, at one and the same time, rejected the SWIFT/TFTP agreement and decided to postpone the vote on the PNR agreement demanding that the Commission renegotiate the deal. Unless there is a major turn-up for the books, it is expected that, in plenary session in Strasbourg on 19 April, MEPs will back this position.
In committee on Tuesday morning, 31 MEPs voted against the in 't Veld report which called for the rejection of the agreement finalised between the EU and the United States in November of last year which was to replace the current agreement that dates from 2007. The rapporteur was backed by 23 MEPs, including from the Greens/EFA and GUE Groups and with the support of a few S&D members, whose group was divided in the run-up to the vote and who had been given no specific advice. From the EPP, the word had been given for several weeks that reason should take the day and a new quarrel with the United States should be avoided by voting for an agreement which some, such as German MEP Axel Voss, found imperfect, but which was deemed to be a lesser evil. The ECR, one of whose members, Timothy Kirkhope, is the rapporteur on the new intra-European PNR system, also backed the agreement.
In 't Veld said that this agreement with the US, which will “legalise” the transfer, already being made by European airlines, of information on their passengers to the US Department of Homeland Security, is not only imperfect but also in breach of European law. In her report, she also criticised the scope of the agreement which she felt to be too wide, and going beyond terrorism and serious crime, the length of time, of up to 15 years in cases of terrorism, that data could be retained, and also the lack of legal assurances for Europeans wishing to seek reparation through the US justice system. She was concerned, too, that the US Department of Homeland Security will continue to have access to European airlines' databases, despite assurances given by the European Commission which, in November, stressed that the “push” method would be applied: that is, it would be the responsibility of the airlines to transfer data to the US.
“Terrible blow” to Europeans. In 't Veld said after the meeting that the committee vote was quite simply “a terrible blow” to Europeans and to their freedom. By approving an agreement which breaches EU law and does not meet the minimum criteria set by the EP itself, in its 2010 resolution, the EP had lost its credibility and disappointed its own citizens, she stated. She again criticised the pressure exerted by the US on European decision-makers. She argued that the outcome of the vote showed “clearly that there are very strong reservations against this agreement”, but the United States had made it abundantly clear that a “no” vote would mean that visa-free travel to the US would be suspended. She remains optimistic, however, that the decision can be overturned between now and 19 April.
The PNR agreement, negotiated over a period of several months between the Commission, on a mandate from the Council, and Washington, was finalised in November 2011. The Commission claimed this agreement was a substantial improvement on in 2007 and 2004 versions, highlighting that data would be “depersonalised” after six months in all cases and on the break-down by type of crime of the length of time data could be retained, reduced to ten years for serious crime and kept at 15 years for terrorism, but with “active” databases reduced to five years in both instances. The Commission also welcomed the fact that it would be only the airlines themselves which could transfer information on European citizens to the US and not these American departments which could take it. Exceptions are built in, however: if airlines are unable to meet this requirement within the set time, the US bodies will be able to “pull” the data.
On 13 December 2011, EU home affairs ministers decided that the negotiations had been sufficiently satisfactory to approve the agreement. Nonetheless, Germany and Austria abstained during the vote and indicated that they had reservations about it, particularly with regard to the data retention period and scope of the agreement. If the parliamentary plenary confirms the Libe committee's vote on 19 April, ministers will have definitively approved the agreement, which will enter into force for a period of seven years. If MEPs reject it, however, the 2007 agreement, valid until 2014, will continue to apply but without legal value, given that according to the Lisbon Treaty, the EP is obliged to approve all international agreements. (SP/transl.fl)