Signing of the European Union/United States International Agreement on Transfer of Passenger Name Record Data

SIGNING OF THE EU – US INTERNATIONAL AGREEMENT ON TRANSFERS
OF PNR DATA

REMARKS BY AMBASSADOR GUENTER BURGHARDT
HEAD OF THE DELEGATION OF THE EUROPEAN COMMISSION
Washington, DC
May 28, 2004

Mr. Secretary, Mr. Ambassador, Ladies and Gentlemen,

Today is the second time in a month that I have participated in a signing ceremony where the EU and the US agree on ways to work together effectively in matters which touch on the security of our citizens and the effective functioning of our economic relationship. On 22 April you, Mr. Secretary, together with the EU Presidency signed the Agreement to expand the EU-US Customs Cooperation Agreement to cover also Container Security issues. Today we are signing an Agreement which allows certain personal air passenger data - PNR - to be transferred from airlines to appropriate government authorities in the US.

Today’s agreement is further concrete evidence that the EU and the US share the goal of safeguarding the right to privacy whilst pursuing the fight against terrorism effectively. And that we, when working together, can accomplish substantial improvements in the area of transport and border security.

As recent activities have shown, we are engaged at all levels; Commissioner Vitorino and the EU Counter-terrorism Co-coordinator Mr. de Vries have met with [US] Secretaries Ridge and Ashcroft; Secretary Ridge has met with the EU Heads of Mission; and the many constructive contacts between Commissioner Bolkestein and Secretary Ridge on PNR.

It has by no means been an easy task to come to a conclusion on PNR. When our discussions started well over a year ago, we had in front of us a seemingly insoluble conflict between the respective legal systems on the two sides of the Atlantic. On the one hand there is the requirement from the US Congress that airlines should make their passenger name records available to the US authorities. On the other hand Community and Member States’ law guarantee European citizens the protection of their personal data and oblige airlines to respect these legal requirements when handling this data.

EU Member States agreed that a solution at Community level was preferable in this case, and accordingly they urged the Commission to find a solution with the US Government. Over the last year, the Commission, as well as the [US] Department of Homeland Security have made a major effort and devoted a large amount of resources in order to reach a mutually satisfactory outcome.

The package we now have is a balanced one. We have undertakings from your Department on how US Customs and Border Protection will handle the passenger data; there is a Commission Decision on the adequacy of protection afforded by US Customs for these data; and there is the bilateral agreement, which we sign today, which provides the legal basis for the transfer of data. This package respects the fundamental right to privacy of travelers under EC law, provides legal certainty for the airlines and allows the US access, under these conditions, to data essential to improve the security of air transport. Let me also stress the fact that the International Agreement we sign today among other things will ensure reciprocity and ensure joint review of matters related to the Agreement.

I would also like to express my sincere appreciation to Sue Binns and Stewart Verdery, the chief negotiators who have so relentlessly driven the process forward toward a conclusion. Not only have they been able to overcome the many obstacles encountered, but they have also been very successful in creating a constructive and cooperative working relationship between all participants involved in the day to day handling of this very difficult and complicated dossier.

I feel, however, that this is just the beginning! We know well that we have some thorny issues coming our way in the coming months such as biometric equipped travel documents, visa reciprocity-related issues, dealing with and exchanging personal data for law enforcement purposes, determining a flexible framework for the use of air marshals or alternative airline security measures.

In meeting these challenges we can employ some of the experience and lessons learned through the PNR process, these include patience, a spirit of compromise and a willingness to recognize the sincerity of our motives even when we differ on our approaches. We also need to recognize that our bilateral endeavors will almost always be most effective when we can take our arguments effectively to the wider international community and implement them through existing multinational fora long-established to oversee many of these important and interconnected global activities.

What we have thus far accomplished will send a strong signal to upcoming EU-US Summit and I am sure that, with the commitment and resolve shown at all times by all those involved in the PNR negotiations, together we will deal with other challenging issues. Moreover, we will continue to show the leadership that it is crucial for both sides of the Atlantic to develop further a secure environment for the transport of our citizens and goods without disrupting legitimate trade exchanges.