Brussels, 02/12/2003 (Agence Europe) - Commissioner Frits Bolkestein will present to the European Parliament on 16 December the complete results of negotiations underway with the United States on the recording of information on passengers of transatlantic flights. When asked by the European Parliament's legal and civil rights committees on Monday evening, he indicated that there are still two sticking-points in the negotiations: the number of personal data to be taken by the American authorities from airlines' files (34 rather than the 19 supported by the EU), and the use of the data to pursue other crimes than terrorism (criminal acts attracting four years' imprisonment or more). However, he said, "significant progress" has been made on the duration for the storage of the data, revision of the agreement, and rights of the passengers to legal redress (see EUROPE of 27 November, p.8).
At this stage, Frits Bolkestein was unable to say whether the Commission will conclude, at the end of the month, that the American commitments are "adequate" with regard to the directive on the protection of data of a personal nature. Contacts with Washington continue. A letter explaining the European position was sent to the American Secretary of Homeland Security, Tom Ridge, explained the Commissioner.
Mr Bolkestein said that the Commission is also to present a framework proposal on the use of personal data by the internal security services of the Member States, during the second half of 2004. It is also continuing its work with airlines to set up a centralised data recording and transfer system. The Transport Commissioner, Loyola de Palacio, "is thinking about" a multilateral proposed agreement, which could be presented at the meeting of the International Civil Aviation Organisation (ICAO) in March 2004, said Frits Bolkestein. It will also look at how article 6 of the regulation on reservation systems could be used to guarantee that passengers have consented to having their data transferred. Ms de Palacio will be present alongside him at the hearing on 16 December before the two parliamentary committees, he said.
Johanna Boogerd-Quaak (ELDR, Netherlands) described the result of the negotiations as "still largely insufficient". However, this result is all the more important as "the agreement concluded will be the standard for the entire world", she said. She pointed out that at the moment, Australia, with which the EU has similar measures, is much more in tune with the Europeans, by only asking for access to around fifteen pieces of data. Dutch Green Kathalijne Maria Buitenweg and Italian Radical Marco Cappato called upon the Commission to find an agreement by the end of the year, without impacting upon the application of the "personal data" directive, as requested by the EP in its resolution of 9 October. "For the time being, data are exchanged with the United States in violation of European legislation. Is this legislation then optional?" asked the Italian MEP. "Mr Cappato is right, we are acting outside the law, and this is why the Commission is taking steps to get out of this situation", said Commissioner Bolkestein. It is not easy to refuse access to data, he said, stressing that "the United States are a sovereign State with the right to say who can and cannot enter its territory". If the EU puts an end to the transfer of data, European passengers run the risk of being subjected to hours of interrogations upon arrival at the airport, and companies face fines or an increase in airport taxes. "I'm not trying to frighten you, but there are serious risks", warned Frits Bolkestein.