Airline Passenger Data: European Commission Statement on Negotiations With the United States

WASHINGTON, Oct. 2 /PRNewswire/ -- Although the negotiations on a Passenger Name Record (PNR) agreement between the EU and the US could not be concluded before 1st October 2006, the timeframe provided for by the European Court of Justice in its 30th May 2006 ruling, European Commission Vice- President Franco Frattini and US Homeland Security Secretary Michael Chertoff have agreed that the negotiations will continue in a constructive atmosphere with a view to concluding an agreement as soon as possible. Much progress has already been made.

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. Vice-President Frattini is in regular contact with Secretary Chertoff and agrees on the need to reach a rapid and satisfactory agreement.

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.

The draft agreement sent on 30th September by Homeland Security Secretary Chertoff to Vice President Frattini and to the Finnish Minister for Foreign Affairs Erkki Tuomioja may be discussed during the 6th October meeting of the Council of Justice and Home Affairs Ministers in Luxembourg in the hope of having an agreement the same day.

Background

In its judgment of 30 May 2006, the Court of Justice annulled Council Decision 2004/496/EC of 17 May 2004 on the approval by the European Community of the previous Agreement (on the processing and transfer of PNR data by air carriers to the US Administration), as well as Commission Decision 2004/535/EC of 14 May 2004 (the so-called Adequacy Decision), which was closely linked to it.

The Court annulled these Decisions on the grounds that they did not fall within the competence of the European Community; however, it did not rule that the Decisions infringed fundamental rights with regard to data protection.

In annuling the Decisions, the Court preserved the effects of the two Decisions, but only until 30 September 2006.

In consequence, the EU denounced the Agreement and negotiated the new one with the US, initialled today, which falls within the competence of the European Union (Articles 24 and 38 of the Treaty on European Union), and not the European Community.