EurActiv Logo
EU news & policy debates
- across languages -
Click here for EU news »
EurActiv.com Network

BROWSE ALL SECTIONS

EU, US miss deadline on passenger data-sharing deal

Published 02 October 2006 - Updated 08 June 2007
Printer-friendly versionSend by email

Airlines are caught up in a legal vacuum after EU and US negotiators failed to reach an agreement on the transfer of passengers’ personal data before 1 October 2006.

Under the initial agreement, Europe allowed the US to keep passenger data for up to three and a half years, but the US wants to be able to hold onto the information longer. 

The US also wants to be able to share the data freely with other counter-terror agencies whereas Europe wants this to be possible only on a restricted, case-by-case basis. 

Although both sides appear to be getting closer to clinching a deal, the failure to reach an agreement before the ECJ deadline leaves carriers in a legal limbo. 

"There is no agreement. There is a legal vacuum as of midnight tonight," Commission spokesman Jonathan Todd said on 30 September. 

In the meantime, the United States has warned it could take steps, including fining airlines €4,700 per passenger or revoking landing rights, if data are not turned over. 

Positions: 

Dutch Liberal Sophia in 't Veld (ALDE), author of a draft recommendation to the Council on a negotiation strategy for a passenger data agreement with the US, told EurActiv the reintroduction of the current agreement under a new legal basis was the "least bad option". "We were never happy with the agreement...but a bad agreement is still better than no agreement," she said, pointing out that "now, we are in a situation were EU citizens are completely unprotected." She said it was high time the EU stopped implementing US data-hungry laws, which go against the European principles of data protection and privacy, be it in relation to passenger, telecoms or bank data.

Commission Spokesman Jonathan Todd  said: "We will be discussing this at the highest political levels to see how we can take if forward. There is an imperative to sort it out sooner rather than later." 

US Homeland Security Secretary Michael Chertoff said he remained "confident we can move forward to a mutually acceptable agreement". He insisted that "the talks did not break down. Their delegation had to go home and that's fine." 

He added that he was sure that the US would continue to receive data from European airlines and that the airlines would not be penalised by their home governments. “We expect that planes will continue to fly uninterrupted and our national security will not be impeded." 

Speaking to EurActiv, Françoise Humbert, spokeswoman for the Association of European Airlines, said that, although airlines were worried about the lack of agreement, because it could put airlines in "an impossible situation" where they would have to choose which rules to break, it now seemed that "airlines would be able to benefit from a 'tolerance period' until a new agreement is concluded". 

She said airlines were “not exactly relaxed or happy about it” but that, so far, flights seemed to be taking off on time, with no major disruptions. 

 

Next steps: 
  • 6 October 2006: EU Justice and Home Affairs ministers will discuss a draft agreement proposed by US Homeland Security Secretary Michael Chertoff.
Background: 

The EU and the US have broken off talks on an anti-terrorism agreement that would have permitted European airlines to transfer information including names, addresses, phone numbers, itineraries and credit card numbers of passengers to US Customs and Border Protection. 

A previous agreement between the Commission and the US expired on 30 September, after it was judged illegal by the European Court of Justice (ECJ) in May 2006 (see EurActiv 30 May 2006). 

Until a new deal is reached, airlines will have to make their own arrangements with US authorities regarding the transfer of data if they want to avoid heavy fines. 

More in this section

Advertising