EU-US air data deal in 'legal chaos'
IRNA - Islamic Republic News Agency
Brussels, Oct 2, IRNA
EU-US-Air Data
The European Union appears to be in a fix after the 25-member bloc failed to negotiate a new deal over air passenger data transfer to US security officials.
In 2004 the EU and US signed an agreement allowing European airlines to handover passenger name records (PNR) to US authorities to assist the US in the fight against terror following the 9/11 attacks.
But the European Court of Justice, following objections by the European Parliament, in May ruled against the deal arguing it was not based on a suitable legal foundation in European law.
The court gave the two sides to negotiate a new deal by September 30, but Brussels and Washington failed to reach a deal leaving the airlines in a legal limbo.
"We risk a situation of legal chaos, legal uncertainty," said an European Commission official in Brussels speaking with reporters on condition of anonymity.
The European Commission in a statement said it has urged 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 minimize the risk of legal uncertainty and disruption to EU-US flights.
But till Monday the US had not responded to Brussels request for assurances.
European airlines now face a dilemma. US authorities could deny them entry into the US if they do not provide the PNR. If they do, the airlines will be breaching EU laws.
"If they transfer data they will be held responsible according to the rules of individual member states," said the Commission official.
Airlines are compelled to provide US authorities with details about passengers including addresses, telephone numbers, email, credit card information, food preferences, 15 minutes before departure of a flight.
The issue will be discussed by EU justice ministers on Thursday.
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