In the
aftermath of the attacks of 11th September 2001 the US requested
that airlines flying passengers from Europe into that country
provide information on all passengers. Following negotiations the
Commission agreed to license the handover of 34 pieces of data per
passenger to US authorities.
The European Parliament objected to the practice, claiming that
it threatened the privacy rights of travellers. The European Court
of Justice did not make a ruling on the substance of the agreement.
Having found the deal technically flawed it simply ordered that a
new, properly framed agreement be made before 30th September.
That deadline has now not been met, despite the fact that the
Commission said that it would be re-submitting the same proposal
for agreement, but changing the procedure so that it was legally
enforceable.
That plan may not have worked, since agreement with the US on
the substance of the deal could not be reached by Saturday's
deadline. The two sides will negotiate again a potential deal on
6th October at the meeting of the Council of Justice and Home
Affairs Ministers in Luxembourg.
The US Homeland Security Secretary Michael Chertoff said in a
statement that his department had produced a draft agreement and
that it awaited final ratification. "As we await the final
ratification of the draft agreement, we expect that planes will
continue to fly uninterrupted and our national security will not be
impeded," said Chertoff. "Importantly, the proposal ensures the
appropriate security information will be exchanged and
counter-terrorism information collected by the department will be
shared, as necessary with other federal counter-terrorism
agencies."
The original agreement dates from 2004 and the Commission has
said that it wants the US to respect that original agreement while
a new one is negotiated.
"In the meantime, the Commission urges the US to continue to
apply the safeguards for PNR data that were laid down in the
now-lapsed 2004 agreement until such time as a new agreement is
reached so as to minimise the risk of legal uncertainty and
disruption to EU-US flights," said a Commission statement.
"It is in the interests of all concerned, travellers, airlines,
law enforcement agencies and data protection authorities, that a
new agreement is concluded as soon possible," said the statement.
"[Commission] Vice-President Frattini is in regular contact with
Secretary Chertoff and agrees on the need to reach a rapid and
satisfactory agreement."
Even if a new agreement is reached by the two parties along the
same lines as the previous deal it could face further legal
challenge. The European Parliament objected to the actual substance
of the agreement and not just its procedural basis, so further
action may be taken by the Parliament over a new deal.
