'Nothing stopping' EU-US air data deal

National governments are set to press ahead with an EU-US anti-terror deal – ignoring opposition from the European Parliament.

EU diplomats are on Wednesday discussing a Trans-Atlantic agreement allowing the handovers of air passenger data to US security agencies.

MEPs are demanding that Europe’s capitals put the transfers of EU computerised data – including phone numbers, emails and credit card details – on hold.

The parliament is asking the European courts to give an opinion of the deal’s legality under the EU's tough data protection laws.

But national governments – represented by the EU’s council of ministers – are not prepared to wait for the European Court of Justice.

Officials close to negotiations note that MEPs have so far failed to give the agreement a clear ‘yes’ or ‘no’, breaking deadlines set by the EU procedural timetable.

Without parliament making a decision – instead deferring the issue to the European Court of Justice - governments are now set to give the go-ahead.

MEPs on Tuesday refused, after a request from governments, to use an ‘urgency procedure’ to vote for or against the air data deal.

“You invite the parliament to give an opinion. MEPs have chosen to decline the invitation. There is no reason now not to go ahead,” said a diplomat.

EU and national officials argue that the council of ministers has law on its side – with at least two previous occasions where national governments have pressed on when MEPs have not given an opinion.

“Case law is on the side of the council giving the go ahead. The parliament has refused to take a decision on an opinion that was non-binding anyway,” said a source.

“There is nothing stopping us.”

Pushing on with the air data deal will infuriate already angry MEPs and could see the parliament mount a full blown legal challenge.

Dutch Liberal MEP Johanna Boogerd-Quaak, who has lead parliament opposition to the ‘Passenger Name Record’ transfers, warned against “acting against the principle of loyal cooperation between the institutions”.

"Should [governments]… decide to conclude the agreement without waiting for the opinion of the European Court of Justice… I believe it would be essential that parliament take legal action in order to protect parliamentary prerogatives,” she said.

Europe’s Liberal Democrat justice spokesman, Baroness Sarah Ludford MEP accused governments of railroading the EU’s only directly elected institution.

"If EU governments are not moved by an appeal to stop bullying MEPs into giving up the fight for individual rights to data protection, they should at least respect the rule of law and await the court ruling, which is expected before the summer," she said.

All that remains for a green light from national capitals is a ruling from the European Commission that the air data transfers are within EU data protection law.

EU data protection chief Frits Bolkestein’s officials are still engaged in talks to clear up privacy issues - but he has already signalled his intention to find safeguards 'adequate'.

The deal has been provisionally timetabled for a Friday meeting of commissioners but may have to be delayed until May 12.

Europe’s foreign ministers – who would sign off the agreement – next meet on May 17.

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