Brussels, 04/03/2003 (Agence Europe) - According to the Commission, it was not possible to postpone the entry into force on Wednesday 5 March for the USA to access airline databases on passengers who travel to their territory. This involves US federal law, which applies to their territory from 5 March and the agreement in principle concluded mid-February that will avoid the other response - inspections lasting hours (according to certain assurances). Officially, the well-founded criticism has been taken on board concerning the absence of a solid legal basis in the joint declaration between the Community and US administrations, as well as the risk of legal action. Nevertheless, the Commission has provided assurances that the US is giving sufficient guarantees on data protection. It is also preparing a complete and formal paper, a draft decision that will be submitted to Parliament and the Council and whose adoption should take around three months. The Commission is expected to make a declaration on the subject of the agreement with the USA during the European Parliament plenary session next week in Strasbourg.
On Monday the President of the Committee on Article 29, which represents the national authorities for data protection, Stefano Rodotà, requested the postponement of the entry into force of the agreement (see EUROPE yesterday p 10 and 20 February p 8). He wrote that, "although having the objective of simplifying relations between the EU and US, the common declaration risks producing new and bigger conflicts". He also stressed that it was not clear whether this declaration had a legal basis that was sufficient for airlines to grant access to their data, in derogation to the general rules on data protection. Airlines risk finding themselves faced with legal action lodged by passengers whose data could have been sent to the US authorities. He believes that the deadline needed to be postponed again (that of 5 March) for as long as it was necessary to finalised the accelerated formal procedure in accordance with the directive (on data protection) or allow the Committee (of Article 29) to examine the issue at its next meeting on 20-21 March). The Committee for Article 29 was able to give an initial opinion in October by raising a number of problems. During the meeting of the civil aviation group on 20 February, representatives from Member States for data protection raised a number of "doubts and worries on the legal nature, content and force of this common declaration with regard to national law", although the Chairman of the group had requested that the Committee of Article 29 were consulted again in order to provide a more detailed report. This group will not be meeting up till the 20-21 March.
The Association of European Airlines (AEA) said that it was prepared to adapt to US demands. Yuksel Sefik, the general manager of trade affairs for the AEA even provided assurances that the association was "quite happy with the agreement". Asked about the risks of passenger complaints, he replied without hesitation that, "what was the alternative? Stop flights to the USA?" He recommended that if people did not want the USA to have information on you, "don't go to the USA".
The agreement with the USA will be one of the subjects at the heart of the hearing on 25 March, organised by the EP Liberty committee on the theme of "11 September and data protection: what strategy for Europe?". MEPs, Commission and Council representatives, as well as those from the Committee on Article 29, Europol, Eurodac, NGOs and the private sector will be debating the lack of clear EU legislative competencies, the limits hat should apply to data collation in the name of the war on terrorism and the multiplication of European networks with out global control (Schengen, Europol, Eurodac etc.).